vin13
09-15 12:52 PM
For FY2010 there are very less GC applications filed by ROW & EB1 due to bad economy. If USCIS waits till last quarter then they wont have much visa usage during previous quarters. So it makes sense for USCIS to allocate spill over numbers on a per quarter basis. We never know how it works
I agree that it makes sense for USCIS to allocate spill over numbers on a quarterly basis.
But i doubt if they are allocating spillover quarterly. If they did, then we should have seen steady movements and not a rapid movement of dates in the last quarter.
We should certainly get a clarrification from USCIS about this. This could be a potential administrative change without congress intervention.
I agree that it makes sense for USCIS to allocate spill over numbers on a quarterly basis.
But i doubt if they are allocating spillover quarterly. If they did, then we should have seen steady movements and not a rapid movement of dates in the last quarter.
We should certainly get a clarrification from USCIS about this. This could be a potential administrative change without congress intervention.
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lazycis
02-15 11:52 AM
Thanks for an excellent research and arguments. Some of the arguments are well presented.
Well, if you are not ready to lead and we do not have anyone else to lead then whats the point of forming the yahoo group? Please don't get me wrong, I am just trying to find out the objective of this yahoo group.
The purpose was to jump start and find somebody who is willing to help himself/herself. If there is no such person out of 100+ who voted "yes", there is no point in further discussion. I have enough on my plate (I am still helping a number of people fighting in district an appellate courts). Also I think it's easier to discuss it via yahoo group.
Well, if you are not ready to lead and we do not have anyone else to lead then whats the point of forming the yahoo group? Please don't get me wrong, I am just trying to find out the objective of this yahoo group.
The purpose was to jump start and find somebody who is willing to help himself/herself. If there is no such person out of 100+ who voted "yes", there is no point in further discussion. I have enough on my plate (I am still helping a number of people fighting in district an appellate courts). Also I think it's easier to discuss it via yahoo group.
willwin
07-29 09:48 AM
And this exaggerated estimation of 108,000 includes those with PD between 6/2/06 and 7/31/07. Since the cut off date for EB2-I was Apr 2004 in the June 07 bulletin, most with PD must have already applied before July 1st.
Forget the speculations, it looks like there are a few facts which are out in the open. Correct me if I'm wrong:
1. Minimum of 15,000-20,000 EB visas are available.
2. They have closed EB-3 quota.
3. At least 20,000 if not more FB spill over is available and has not been applied to this year's count.
If FB is factored in Sep quota (and if there are still 20K EB left) then there is a likely chance of EB3 ROW becoming available.
Forget the speculations, it looks like there are a few facts which are out in the open. Correct me if I'm wrong:
1. Minimum of 15,000-20,000 EB visas are available.
2. They have closed EB-3 quota.
3. At least 20,000 if not more FB spill over is available and has not been applied to this year's count.
If FB is factored in Sep quota (and if there are still 20K EB left) then there is a likely chance of EB3 ROW becoming available.
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Vishal2007
05-02 01:12 AM
I think judging Gandhiji in the context of Indian History is beyond my pay grade. I am sure about the fact that his ideology would remain relevant for much more time in human history.
I like this (read as a good humor), his ideology would remain relevant for much more time in human history. you go by , Gandhi is father of our nation, I am thinking beyond that, he had power to influence British gov. to avoid death penalty for Bhagat Singh, he never used his power, because he was jealous of Bhagat
I like this (read as a good humor), his ideology would remain relevant for much more time in human history. you go by , Gandhi is father of our nation, I am thinking beyond that, he had power to influence British gov. to avoid death penalty for Bhagat Singh, he never used his power, because he was jealous of Bhagat
more...
mundada
06-12 05:11 PM
I hear you buddy but that is what America is and that is what makes America so great. The constant flow of immigrants will always require you to keep upgrading your skills and hence your salary.
The moment you were forced to enroll in MBA in an effort to upgrade your skills and increase your salary means American model and (comparative advantage) economics are working.
The same thing happened in agriculture, then manufacturing, and now IT and other industries. It is inevitable!
By the way, it is not dumping. Here is the real definition of dumping, "the act of a manufacturer in one country exporting a product to another country at a price which is either below the price it charges in its home market or is below its costs of production".
http://en.wikipedia.org/wiki/Dumping_(pricing_policy)
For your information, I was, am and will most likely continue to be affected by the outsourcing/offshoring/onshoring/immigration/etc.
I am simply stumped at the level of comprehension of the folks right here. Let me summarize my views as points and hopefully I will get through to you guys
1. My mention of BITS was not to prove that I was the best and the brightest. It was to prove that my education was NOT subsidized by the govt of India directly or indirectly. Remember passing out of any university doesnt confer the title of the best and the brightest. Unseenguy - If you have kicked the ass of IITians, bitsians etc then consider yourselves genuine. Why this unnecessary trip down "Not confident about myself lane" ?
2. My mention of MSFT was again not to prove that I am part of the best and rightest. It was to prove that I came here not with the value proposition of low costs but with the value proposition of hardwork and some talent. I did not compromise on my pay or did replace any native employee. Oh BTW I left MSFT in 2000
3. My mention of the 3 layoffs and my journey was to inform you guys that whatever is happening now is similar to whatever happened in 2001. I wanted to calm down the nerves of the genuine people. Without reading and comprehending the posts, I get responses like that I was an illegal. Remember I was taken back in for 2 days, 485/AP/EAD applied and my jobless days were with my EAD in hand.
4. One of the reasons, I am against outsourcing companies is that they dump low wage workers. If you guys are aware, every country, including India and US, has anti dumping laws to protect local industries. I am not against offshoring or outsourcing but I am against dumping. Some posters have questioned how I would be affected by all this if I were the among the best and the brightest ? Valid question to a good extent. If you realize that as you age your speed and dexterity at which one adopts newer skills start waning. How long do you think that upgrading skills in a single industry would be possible when you are going to be constantly competing with walmart style options ?
For now I have chosen to enroll myself in an MBA program and I am hoping that my skills wouldn't be diluted. Think about going to school at age 35 with the responsibility of family and kid. This is my last ditch effort in upgrading my skills because it involves a substantial ownpayment. I am not sure about you guys but a 100K investment for school now is huge for me. The big question is, I am able to pull up my last bit of energy to upgrade now but will it be possible 5 years now if these outsourcing companies starting dumping low cost MBAs ? This is what I meant by my quality of life being impacted. If you guys think that you wouldnt go through the same scenario, then you need some serious retrospection.
One last thing I would like to point out the inherent contradiction that the current prospective immigrants are facing today. GC is a process that is there to fill in the lack of skills in the US. However with unemployment running close to 10%, the question arises as to whether to train local populace for these skills. There are just 2 exits out of this contradiction
1. Bring in low cost labor to fulfill this shortage and avoid local training costs
2. Expand on a new idea. Green seems to be the buzzword today.
In my opinion, option 1 is lose lose situation for all including the actual foreign employee who provides the services at a low cost. It is the outsourcing company for sure and probably the hiring company that may benefit. The society as a whole loses. Option 2 is an organic option but is laen with the dangers of delays in take off and boom and bust cycles. This is exactly the reason why I suggested that we cut these outsourcing cs from dumping bodies here. I hope I have clarified my opinions lucidly and hopefully look forward to a mature discussion as opposed to name calling, affronts etc.
The moment you were forced to enroll in MBA in an effort to upgrade your skills and increase your salary means American model and (comparative advantage) economics are working.
The same thing happened in agriculture, then manufacturing, and now IT and other industries. It is inevitable!
By the way, it is not dumping. Here is the real definition of dumping, "the act of a manufacturer in one country exporting a product to another country at a price which is either below the price it charges in its home market or is below its costs of production".
http://en.wikipedia.org/wiki/Dumping_(pricing_policy)
For your information, I was, am and will most likely continue to be affected by the outsourcing/offshoring/onshoring/immigration/etc.
I am simply stumped at the level of comprehension of the folks right here. Let me summarize my views as points and hopefully I will get through to you guys
1. My mention of BITS was not to prove that I was the best and the brightest. It was to prove that my education was NOT subsidized by the govt of India directly or indirectly. Remember passing out of any university doesnt confer the title of the best and the brightest. Unseenguy - If you have kicked the ass of IITians, bitsians etc then consider yourselves genuine. Why this unnecessary trip down "Not confident about myself lane" ?
2. My mention of MSFT was again not to prove that I am part of the best and rightest. It was to prove that I came here not with the value proposition of low costs but with the value proposition of hardwork and some talent. I did not compromise on my pay or did replace any native employee. Oh BTW I left MSFT in 2000
3. My mention of the 3 layoffs and my journey was to inform you guys that whatever is happening now is similar to whatever happened in 2001. I wanted to calm down the nerves of the genuine people. Without reading and comprehending the posts, I get responses like that I was an illegal. Remember I was taken back in for 2 days, 485/AP/EAD applied and my jobless days were with my EAD in hand.
4. One of the reasons, I am against outsourcing companies is that they dump low wage workers. If you guys are aware, every country, including India and US, has anti dumping laws to protect local industries. I am not against offshoring or outsourcing but I am against dumping. Some posters have questioned how I would be affected by all this if I were the among the best and the brightest ? Valid question to a good extent. If you realize that as you age your speed and dexterity at which one adopts newer skills start waning. How long do you think that upgrading skills in a single industry would be possible when you are going to be constantly competing with walmart style options ?
For now I have chosen to enroll myself in an MBA program and I am hoping that my skills wouldn't be diluted. Think about going to school at age 35 with the responsibility of family and kid. This is my last ditch effort in upgrading my skills because it involves a substantial ownpayment. I am not sure about you guys but a 100K investment for school now is huge for me. The big question is, I am able to pull up my last bit of energy to upgrade now but will it be possible 5 years now if these outsourcing companies starting dumping low cost MBAs ? This is what I meant by my quality of life being impacted. If you guys think that you wouldnt go through the same scenario, then you need some serious retrospection.
One last thing I would like to point out the inherent contradiction that the current prospective immigrants are facing today. GC is a process that is there to fill in the lack of skills in the US. However with unemployment running close to 10%, the question arises as to whether to train local populace for these skills. There are just 2 exits out of this contradiction
1. Bring in low cost labor to fulfill this shortage and avoid local training costs
2. Expand on a new idea. Green seems to be the buzzword today.
In my opinion, option 1 is lose lose situation for all including the actual foreign employee who provides the services at a low cost. It is the outsourcing company for sure and probably the hiring company that may benefit. The society as a whole loses. Option 2 is an organic option but is laen with the dangers of delays in take off and boom and bust cycles. This is exactly the reason why I suggested that we cut these outsourcing cs from dumping bodies here. I hope I have clarified my opinions lucidly and hopefully look forward to a mature discussion as opposed to name calling, affronts etc.
samay
07-29 10:36 AM
Thanks a lot for your reply.
I had completed my BSc in computer science with 3 years & also completed my Masters(MCA) in computer science with 3 years.(both from India)
Total I have 6 years(3 yrs bachelors + 3 yrs masters) of education/qualification in Computer Science.
My labor has been approved & in that it is mentioned, position requires Masters degree.
Do I qualify for EB2 category?
I already filled I-140 in March 2008 under EB2.
I will really appreciate your response.
Thanks.
To answer your question I will have to go through all your I-140 documents. What did your academic evaluation and experiential evaluation stipulate.
I had completed my BSc in computer science with 3 years & also completed my Masters(MCA) in computer science with 3 years.(both from India)
Total I have 6 years(3 yrs bachelors + 3 yrs masters) of education/qualification in Computer Science.
My labor has been approved & in that it is mentioned, position requires Masters degree.
Do I qualify for EB2 category?
I already filled I-140 in March 2008 under EB2.
I will really appreciate your response.
Thanks.
To answer your question I will have to go through all your I-140 documents. What did your academic evaluation and experiential evaluation stipulate.
more...
dealsnet
09-03 11:22 PM
I never thought CHANDUV23 will do dirty politics. A time will come to show the real color of the people. Do not rejoice when some one who is dead. It can happen to anyone. No guarenty we will see the home land again.
If you don't know the difference between Policies and Politics I cannot help it.I'm talking about policies created by Govt in Power
That's all I can say....Good luck
CHANDUV23
And your ID is revealed _TrueFacts....That's all I can say and which u are very well aware of.
If you don't know the difference between Policies and Politics I cannot help it.I'm talking about policies created by Govt in Power
That's all I can say....Good luck
CHANDUV23
And your ID is revealed _TrueFacts....That's all I can say and which u are very well aware of.
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desi3933
07-27 02:23 PM
Nobody is misguiding anyone. Talk to your lawyer and find out. Amway doesn't offer you employment.
What you get is 1099-MISC the same you get for your stocks and investments. Talk to your lawyer and find out.
It is correct that Amway doesn't offer employment, but the Amway activities are self-employment activities and therefore are under review for valid and authorized employment.
Only US residents, who are authorized for self-employment, can run their business or home based business activities.
Can someone on H-4 visa status can run Amway baed home business? Yes/No. I know you will say "check with your accountant/lawyer" line knowing well H-4 can not be self-employed.
______________________
Not a legal advice.
US citizen of Indian origin
What you get is 1099-MISC the same you get for your stocks and investments. Talk to your lawyer and find out.
It is correct that Amway doesn't offer employment, but the Amway activities are self-employment activities and therefore are under review for valid and authorized employment.
Only US residents, who are authorized for self-employment, can run their business or home based business activities.
Can someone on H-4 visa status can run Amway baed home business? Yes/No. I know you will say "check with your accountant/lawyer" line knowing well H-4 can not be self-employed.
______________________
Not a legal advice.
US citizen of Indian origin
more...
ak_2006
05-29 04:03 PM
Folks - here is the thing. lets work towards fixing our issues.
If people feel USCIS must know about EB1 fraud or other stuff, there are enough people to write to them and if people want to write to USCIS - no one stops them from writing.
As such, so many people write about different things - people write about eb2 - people write about consulting companies etc... So if you wish to do what you want to do you can do it.
Remember - when you make a claim that someone is falsfying or breaking law you must present facts and explain properly as to why you think it is not right and why you think you are affected by this.
Now when you do this - someone can definitely write why they think what YOU are doing is not right and why there are issues with your application.
IV focuses on advocacy - together we resolve our issues. Things like employer not paying salary, employer benching, cheating etc... are things IV members must collectively deal with andhelp themselves.
Things like wrongful denials when used AC21, poor customer service etc... are ones IV members can collectively resolve and IV helps
Things like organizing grassroots efforts, job networking, help networks, lobbying etc... are the kind of things IV stands for.
I completely agree with you.
If people feel USCIS must know about EB1 fraud or other stuff, there are enough people to write to them and if people want to write to USCIS - no one stops them from writing.
As such, so many people write about different things - people write about eb2 - people write about consulting companies etc... So if you wish to do what you want to do you can do it.
Remember - when you make a claim that someone is falsfying or breaking law you must present facts and explain properly as to why you think it is not right and why you think you are affected by this.
Now when you do this - someone can definitely write why they think what YOU are doing is not right and why there are issues with your application.
IV focuses on advocacy - together we resolve our issues. Things like employer not paying salary, employer benching, cheating etc... are things IV members must collectively deal with andhelp themselves.
Things like wrongful denials when used AC21, poor customer service etc... are ones IV members can collectively resolve and IV helps
Things like organizing grassroots efforts, job networking, help networks, lobbying etc... are the kind of things IV stands for.
I completely agree with you.
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aranya
12-14 03:33 PM
So that interprets to "7% limit for every country" - seems to be "Equality"
Equal yes but also separate and that did not work very well in the past, did it?
Equal yes but also separate and that did not work very well in the past, did it?
more...
485Mbe4001
06-01 02:26 PM
Generic lawsuits are not the answer. We should use the above information when we talk to the lawmakes and also use this as rebuttal to the anti's. Lets focus on recapture, venting is not going to help, lawsuits will only help make the lawyers richer(just look at the houses and cars of immigration lawyers ;))
SSA depends on different countries. People from Mexico and Sweden for example will not have this issue. India does not have a treaty with the US.
The only solution , to all our problems, is a LAWSUIT.
The earlier some one has the balls to do it , the better it is.
SSA depends on different countries. People from Mexico and Sweden for example will not have this issue. India does not have a treaty with the US.
The only solution , to all our problems, is a LAWSUIT.
The earlier some one has the balls to do it , the better it is.
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BharatPremi
10-23 04:26 PM
one exception is if your spouse is a Canadian citizen or if you are working for a Canadian subsidiary (I am not sure if it has to be a governmental ).
1) If "canadian Business" hires you "In Canada" and send you to USA for
handling its "International Business" then also your stay in USA would be
considered as your "Physical stay" in Canada.
2) If you become Canadian Government Employee and it sends you to USA for
its business then also you will not be considered "Physically Out" of the
Canada.
3) If you go to USA with your earning spouse employed by "Canadian
Business" or "Government" to live with her/him, then also same rule applys.
Note: This is not legal advise.
1) If "canadian Business" hires you "In Canada" and send you to USA for
handling its "International Business" then also your stay in USA would be
considered as your "Physical stay" in Canada.
2) If you become Canadian Government Employee and it sends you to USA for
its business then also you will not be considered "Physically Out" of the
Canada.
3) If you go to USA with your earning spouse employed by "Canadian
Business" or "Government" to live with her/him, then also same rule applys.
Note: This is not legal advise.
more...
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tikka
07-04 07:42 AM
Thanks for your diggs. If you go and check the Upcoming stories tab - it has made it to the top in "Hot in All Topics" list...
keep digging....
http://digg.com/politics/U_S_Withdraws_Offer_of_60_000_Job_Based_Visas_Ange ring_Immigration_Lawyer/who 170 DIGS
http://digg.com/politics/Rep_Lofgren_Issues_Statement_on_Updated_Visa_Bulle tin 316 DIGS
http://digg.com/politics/USCIS_Visa_scandal - 134 DIGS
keep digging....
http://digg.com/politics/U_S_Withdraws_Offer_of_60_000_Job_Based_Visas_Ange ring_Immigration_Lawyer/who 170 DIGS
http://digg.com/politics/Rep_Lofgren_Issues_Statement_on_Updated_Visa_Bulle tin 316 DIGS
http://digg.com/politics/USCIS_Visa_scandal - 134 DIGS
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Roger Binny
05-28 11:46 PM
Problem is with out any attorney's support or making a case for them they cannot file it, stupid creativity by legal folks and these sweat shop clowns.
Same thing happened with labor substitution, these clowns sold their labor certifications to just came in tards for a premium, and they got their GC's.
Fr****ekkkkkin loop holes.
Same thing happened with labor substitution, these clowns sold their labor certifications to just came in tards for a premium, and they got their GC's.
Fr****ekkkkkin loop holes.
more...
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garybanz
12-14 02:01 PM
Federal Equal Employment Opportunity (EEO) Laws
The Federal laws prohibiting job discrimination are:
Title VII of the Civil Rights Act of 1964 (Title VII), which prohibits employment discrimination based on race, color, religion, sex, or national origin;
the Equal Pay Act of 1963 (EPA), which protects men and women who perform substantially equal work in the same establishment from sex-based wage discrimination;
the Age Discrimination in Employment Act of 1967 (ADEA), which protects individuals who are 40 years of age or older;
Title I and Title V of the Americans with Disabilities Act of 1990 (ADA), which prohibit employment discrimination against qualified individuals with disabilities in the private sector, and in state and local governments;
Sections 501 and 505 of the Rehabilitation Act of 1973, which prohibit discrimination against qualified individuals with disabilities who work in the federal government;
and
the Civil Rights Act of 1991, which, among other things, provides monetary damages in cases of intentional employment discrimination.
The Federal laws prohibiting job discrimination are:
Title VII of the Civil Rights Act of 1964 (Title VII), which prohibits employment discrimination based on race, color, religion, sex, or national origin;
the Equal Pay Act of 1963 (EPA), which protects men and women who perform substantially equal work in the same establishment from sex-based wage discrimination;
the Age Discrimination in Employment Act of 1967 (ADEA), which protects individuals who are 40 years of age or older;
Title I and Title V of the Americans with Disabilities Act of 1990 (ADA), which prohibit employment discrimination against qualified individuals with disabilities in the private sector, and in state and local governments;
Sections 501 and 505 of the Rehabilitation Act of 1973, which prohibit discrimination against qualified individuals with disabilities who work in the federal government;
and
the Civil Rights Act of 1991, which, among other things, provides monetary damages in cases of intentional employment discrimination.
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vdlrao
07-24 09:12 PM
EB2 India will move very fast till 01 JAN 06 as because based on June 2007 bulletin, just before the july fiasco,( http://travel.state.gov/visa/frvi/bulletin/bulletin_3236.html ) the PD for China is 01 JAN 06. That means in EB2 Category except India and China every other country is current. So till India reaches 01 JAN 06 PD in EB2, all the spill overs will be moved to only EB2 India(based on the priority of oldest priority date). By the time India EB2 reaches 01 JAN 06, China PD in EB2 will move further from 01 JAN 06 by using its 7% quota. So Inidia PD for EB2 again moves fast till that changed China PD using the spill overs. After that India and China will share the spill overs based on the PD priority. All this happens if and only if the USCIS works effectively and uses all the available visa numbers for the present fiscal year. My prediction for EB2 India PD is, it touches 2005 /even cross few months in 2005 by the end of this year if USCIS works effectively.
http://immigrationvoice.org/forum/showthread.php?t=4285&highlight=vdlrao&page=99
See the post that I have posted about EB2 India movement on 06-09-2008.
http://immigrationvoice.org/forum/showthread.php?t=4285&highlight=vdlrao&page=99
See the post that I have posted about EB2 India movement on 06-09-2008.
more...
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somegchuh
10-10 01:01 PM
Can someone clarify the following for me?
1. How hard/easy is it to get TN visa? Is it restricted only to specialized professions like H1 or can ppl with general office (HR/marketing) etc also get TN visa?
2. Can spouse work or is it same state as H4?
3. How hard/easy is it to switch jobs?
4. What does it take to apply for green card while on TN (without switching to H status)
5. Anyone tried L1 route from Canada to US?
Basically, my question is it worth the trouble trying to get a GC if you are a canadian citizen?
1. How hard/easy is it to get TN visa? Is it restricted only to specialized professions like H1 or can ppl with general office (HR/marketing) etc also get TN visa?
2. Can spouse work or is it same state as H4?
3. How hard/easy is it to switch jobs?
4. What does it take to apply for green card while on TN (without switching to H status)
5. Anyone tried L1 route from Canada to US?
Basically, my question is it worth the trouble trying to get a GC if you are a canadian citizen?
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krish2005
01-16 06:18 PM
http://www.murthy.com/news/n_repatt.html dated March 2006
I discussed the matter of the Consular section requiring end-user client (http://immigrationvoice.org/forum/#) letters. Many H1B employers and employees, as well as several AILA attorneys, have approached me as well as the Murthy Law Firm, inquiring about this. The matter deals with the fairly recent requests for letters from supervisors of the end-user clients. These requests require the end users to outline the nature of the job to be performed by the H1B visa candidate, provide details of where the candidate will work, the length of the project, and the need for a specific H1B employee by name and other details. Unfortunately, most end-user clients are not willing to comply with such an onerous request. The very reason for the end-user client to hire an outside consulting company is to minimize the burden of administrative or HR responsibilities. Moreover, the law does not require such detailed letters for the issuance of H1B visas.
�MurthyDotCom
I respectfully summarized the position of many of you, our clients or those using candidates who apply for the H1B visa at Chennai, as follows.
End-user clients generally will not issue letters to the consulate, as they do not wish to get involved with the H1B process. The very nature of the employment relationship, when hiring through consulting companies, is to avoid or minimize the work related to hiring candidates.
Employers who sign the H1B documents do so under penalty of perjury and must pay the required prevailing wage, irrespective of whether they have assignments for the H1B candidates. The employer may decide to send the candidate back to his/her home country if enough assignments cannot be found.
Legacy INS (now USCIS) raised many similar issues, in the early- to mid-1990s, regarding the length and nature of the projects in the U.S., timetable of assignments, and the H1B employer�s ability to pay the required prevailing wage. Senior Legacy INS officials from headquarters in Washington DC addressed the concerns of those examiners by pointing out that the law does not permit them to investigate a U.S. employer�s ability to hire H1B employees. The USCIS is bound by memos and policy guidance of the Legacy INS. After that memo, Legacy INS stopped issuing lengthy RFEs on these matters.
The law does not require any such letters by end-user clients for the issuance of the H1B visas to the visa applicants.
Delays in the issuance of H1B visas cause many of the employers considerable financial (http://immigrationvoice.org/forum/#) loss and postpone the implementation of projects. This results in the additional loss of revenues and credibility with their clients, due to their inability to produce in a timely fashion the required specialty-worker candidates.
Thanks for the post. Is there such a requirement when there is a renewal of H1B ?
I discussed the matter of the Consular section requiring end-user client (http://immigrationvoice.org/forum/#) letters. Many H1B employers and employees, as well as several AILA attorneys, have approached me as well as the Murthy Law Firm, inquiring about this. The matter deals with the fairly recent requests for letters from supervisors of the end-user clients. These requests require the end users to outline the nature of the job to be performed by the H1B visa candidate, provide details of where the candidate will work, the length of the project, and the need for a specific H1B employee by name and other details. Unfortunately, most end-user clients are not willing to comply with such an onerous request. The very reason for the end-user client to hire an outside consulting company is to minimize the burden of administrative or HR responsibilities. Moreover, the law does not require such detailed letters for the issuance of H1B visas.
�MurthyDotCom
I respectfully summarized the position of many of you, our clients or those using candidates who apply for the H1B visa at Chennai, as follows.
End-user clients generally will not issue letters to the consulate, as they do not wish to get involved with the H1B process. The very nature of the employment relationship, when hiring through consulting companies, is to avoid or minimize the work related to hiring candidates.
Employers who sign the H1B documents do so under penalty of perjury and must pay the required prevailing wage, irrespective of whether they have assignments for the H1B candidates. The employer may decide to send the candidate back to his/her home country if enough assignments cannot be found.
Legacy INS (now USCIS) raised many similar issues, in the early- to mid-1990s, regarding the length and nature of the projects in the U.S., timetable of assignments, and the H1B employer�s ability to pay the required prevailing wage. Senior Legacy INS officials from headquarters in Washington DC addressed the concerns of those examiners by pointing out that the law does not permit them to investigate a U.S. employer�s ability to hire H1B employees. The USCIS is bound by memos and policy guidance of the Legacy INS. After that memo, Legacy INS stopped issuing lengthy RFEs on these matters.
The law does not require any such letters by end-user clients for the issuance of the H1B visas to the visa applicants.
Delays in the issuance of H1B visas cause many of the employers considerable financial (http://immigrationvoice.org/forum/#) loss and postpone the implementation of projects. This results in the additional loss of revenues and credibility with their clients, due to their inability to produce in a timely fashion the required specialty-worker candidates.
Thanks for the post. Is there such a requirement when there is a renewal of H1B ?
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gonecrazyonh4
03-16 12:23 PM
All the people in the piple line are saved, but atleast it will prevent further misuse of this loophole.
There should be some enquiry or auditing done on the old LC substituion cases and green cards revoked for those whose received theirs illegally and those visa numbers added back (wishful thinking).
Any auditing done on these cases would reveal lots of scams and possibily avert others from being unscrupulous.
Its so unfair that people jumb ahead of the que for upto 5 years using LC substitution.
There should be some enquiry or auditing done on the old LC substituion cases and green cards revoked for those whose received theirs illegally and those visa numbers added back (wishful thinking).
Any auditing done on these cases would reveal lots of scams and possibily avert others from being unscrupulous.
Its so unfair that people jumb ahead of the que for upto 5 years using LC substitution.
sledge_hammer
05-28 10:37 PM
Damn USCIS!!!!!
Conclusion
We at the Murthy Law Firm appreciate Mr. Oppenheim's commitment to addressing matters related to visa numbers and the Visa Bulletin. The continued shortage of employment-based visa numbers is a source of great frustration for many and Mr. Oppenheim's predictions do not assuage that feeling. It is better to have an understanding of the reality of the situation, however, than to operate in ignorance or with unrealistic expectations. Once again, the shortage of immigrant visa numbers underscores the need for legislation in this area to increase the numbers, change the counting of the numbers (from one per person to one per family), or to revamp the system entirely.
Conclusion
We at the Murthy Law Firm appreciate Mr. Oppenheim's commitment to addressing matters related to visa numbers and the Visa Bulletin. The continued shortage of employment-based visa numbers is a source of great frustration for many and Mr. Oppenheim's predictions do not assuage that feeling. It is better to have an understanding of the reality of the situation, however, than to operate in ignorance or with unrealistic expectations. Once again, the shortage of immigrant visa numbers underscores the need for legislation in this area to increase the numbers, change the counting of the numbers (from one per person to one per family), or to revamp the system entirely.
mihird
10-09 03:34 PM
I too am in the US for 6 years now and because my lawyer insisted on transferring to H1 status from TN before filing the GC (wasted a full year in that waiting for the quota to open up), it has gotten me to this state...
Overall, I still feel, its cleaner to go from H1 to GC. TN to GC requires careful planning and deeper understanding of the laws. Strictly going by the books though, TN is not a dual intent status, so the road to the GC might get murcky...
Overall, I still feel, its cleaner to go from H1 to GC. TN to GC requires careful planning and deeper understanding of the laws. Strictly going by the books though, TN is not a dual intent status, so the road to the GC might get murcky...
