ash27
05-29 12:35 AM
I've met couple of guys who came on L1 and have filed GC in EB1. they are simply project managers and exploited this loop hole... I'd raised this issue earlier but was scoffed stating that I would have done the same if I would have been at their place...Felt like slapping the guy who made this stupid comment.
Given that we have played by the rules, lets prevent any kind of fraud to make sure that there is FIFO.....
Given that we have played by the rules, lets prevent any kind of fraud to make sure that there is FIFO.....
wallpaper #39;Crazy Love#39;: The Crazy Art
ganguteli
06-24 02:49 PM
..I am waiting for the punch line. What's the point of this? We all know it...
Same wine in a new marketing bottle by another lawyer.
Tell us something we do not already know.
Same wine in a new marketing bottle by another lawyer.
Tell us something we do not already know.
kuhelica2000
02-12 08:21 PM
Per country limit applies to every country in exactly the same way. It doesn't discriminate between Chad or China. So, how is it discrimination? And think about it- in Olympics soccer/basketball every country can send only one team. Should China and India be allowed to send more teams since they have a larger population? We should try to increase the number of GCs.
No matter which side you are on, the quota system sucks. Period.
1) Once you start receiving benefits out of being born in a particular country/ race/ sex/ religion, a notion of "entitlement" quickly builds up within you. This adversely affects your ability to perform, for you just don't have to work hard enough!
2) If you are punished for being born in a particular country/ race/ sex/ religion, you have no incentive to perform, as you won't get what you deserve no matter how hard you work!
How about this... during every Olympics, most number of Gold Medals are won by Americans. Now imagine a rule that prevents more than 7% of all Gold Medals going to people born in any one country. How does that sound?
I will myself hate it if athletes from India (who haven't won anything in the Olympics till date) started winning gold medals simply because other countries cannot receive more than 7%!
Of course, removing country caps will face opposition, but it should still happen, just because it is the right thing!
No matter which side you are on, the quota system sucks. Period.
1) Once you start receiving benefits out of being born in a particular country/ race/ sex/ religion, a notion of "entitlement" quickly builds up within you. This adversely affects your ability to perform, for you just don't have to work hard enough!
2) If you are punished for being born in a particular country/ race/ sex/ religion, you have no incentive to perform, as you won't get what you deserve no matter how hard you work!
How about this... during every Olympics, most number of Gold Medals are won by Americans. Now imagine a rule that prevents more than 7% of all Gold Medals going to people born in any one country. How does that sound?
I will myself hate it if athletes from India (who haven't won anything in the Olympics till date) started winning gold medals simply because other countries cannot receive more than 7%!
Of course, removing country caps will face opposition, but it should still happen, just because it is the right thing!
2011 of a cute clip art art figures
HopeSprings
09-24 01:41 PM
The calculation done by Bharatpremi seems to have flawed while calculating spill-over. Spill-over is first by preference and then by country. That is how till VB of August 2009, you see ROW EB1/2 was current and ROW EB3 was U and EB2I was in 2003.
Now, considering spill-over by preference first, the following could be a conservative analysis:
I am trying to see if EB2I can cross Dec 2006 by end of FY2010. So, we will consider only those cases that might be placed before EB2I PD as Dec 2006.
Consider all the pending EB(1+2+4+5) cases reported so far for ROW, China, Mexico and Phil and add it to pending EB(1+2+4+5) cases for India till end of 2006. The number is around 68000.
Assumption (the numbers for FY 2010 for cases that might be placed before an EB2I case with PD Dec 2006) -
- All EB4/5 cases till end of 2010 FY - 2000
- ROW, Mexico, Phil EB1/2 - 8000
- EB1 I/C - 1000
- The new cases from EB2C (PD Sep 2009 onwards) will not be placed before EB2I PD Dec 2006
Assuming cases cleared in the month of September - 4000 (around 7000 are eligible based on the cut-off date).
Total visa numbers required to clear off EB2 till Dec 2006 = 68000+2000+8000+1000-4000 = 75000
Visa numbers available for AOS for EB (1+2+4+5) in FY 2010:
Assuming 15% go to CP.
Total number for AOS = 119000
EB1 (28.6%) - 34034
EB2 (28.6%) - 34034
EB4 (7%) - 8330
EB5 (7%) - 8330
Total Visa numbers available for AOS for EB (1+2+4+5): 34034+34034+8330+8330 = 84728
So, total number needed to move EB2I past Dec 2006 is 75000. Total available for this cause is around 84000. If USCIS uses all the available visas, spills over only during last quarter and maintains Preference-first spillover policy, I think the visa dates will move well ahead of Dec 2006 by end of FY 2010, most likely in the following way:
Oct 2009 - Dec 2009: Jan/Feb 2005
Jan 2010 - June 2010: Mar/Apr 2005
Jul 2010 - Sep 2010: Feb/Apr 2007
Now, considering spill-over by preference first, the following could be a conservative analysis:
I am trying to see if EB2I can cross Dec 2006 by end of FY2010. So, we will consider only those cases that might be placed before EB2I PD as Dec 2006.
Consider all the pending EB(1+2+4+5) cases reported so far for ROW, China, Mexico and Phil and add it to pending EB(1+2+4+5) cases for India till end of 2006. The number is around 68000.
Assumption (the numbers for FY 2010 for cases that might be placed before an EB2I case with PD Dec 2006) -
- All EB4/5 cases till end of 2010 FY - 2000
- ROW, Mexico, Phil EB1/2 - 8000
- EB1 I/C - 1000
- The new cases from EB2C (PD Sep 2009 onwards) will not be placed before EB2I PD Dec 2006
Assuming cases cleared in the month of September - 4000 (around 7000 are eligible based on the cut-off date).
Total visa numbers required to clear off EB2 till Dec 2006 = 68000+2000+8000+1000-4000 = 75000
Visa numbers available for AOS for EB (1+2+4+5) in FY 2010:
Assuming 15% go to CP.
Total number for AOS = 119000
EB1 (28.6%) - 34034
EB2 (28.6%) - 34034
EB4 (7%) - 8330
EB5 (7%) - 8330
Total Visa numbers available for AOS for EB (1+2+4+5): 34034+34034+8330+8330 = 84728
So, total number needed to move EB2I past Dec 2006 is 75000. Total available for this cause is around 84000. If USCIS uses all the available visas, spills over only during last quarter and maintains Preference-first spillover policy, I think the visa dates will move well ahead of Dec 2006 by end of FY 2010, most likely in the following way:
Oct 2009 - Dec 2009: Jan/Feb 2005
Jan 2010 - June 2010: Mar/Apr 2005
Jul 2010 - Sep 2010: Feb/Apr 2007
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alisa
02-18 11:49 PM
I think we can make some very credible and good arguments for ourselves.
a) The changing demographics require an increased level of immigration. It is upto this country to decide if it wants semi-skilled immigrants (Indian cooks and gardeners) and their siblings/parents, or high-skilled immigrants.
b) It is not really the smartest thing in the world to bring people here from foreign lands, let them work here in high-tech fields, and then send them back after 6-10 years so that they can compete against Americans from OUTSIDE America.
c) A lot of EB-based immigrants have been to American colleges and have graduate degrees. Again, see (b) above. Not the brightest idea to have this American-educated and trained high-skilled manpower forced to go back to India and China, the two main US competitors.
Atleast, not if you are America.
Bottomline is this. If there have been abuses of the system, and any system will be abused, then those need to be fixed. If there are loopholes, they need to be plugged (and people will come up with more loopholes.) But the USCIS should not throw the baby out with the bath water. Either this country values high-skilled immigrants, or it doesn't. The high-skilled immigrants need to know this, so that they can make decisions in their life. The incompetence of USCIS can't be the instrument of public policy making.
a) The changing demographics require an increased level of immigration. It is upto this country to decide if it wants semi-skilled immigrants (Indian cooks and gardeners) and their siblings/parents, or high-skilled immigrants.
b) It is not really the smartest thing in the world to bring people here from foreign lands, let them work here in high-tech fields, and then send them back after 6-10 years so that they can compete against Americans from OUTSIDE America.
c) A lot of EB-based immigrants have been to American colleges and have graduate degrees. Again, see (b) above. Not the brightest idea to have this American-educated and trained high-skilled manpower forced to go back to India and China, the two main US competitors.
Atleast, not if you are America.
Bottomline is this. If there have been abuses of the system, and any system will be abused, then those need to be fixed. If there are loopholes, they need to be plugged (and people will come up with more loopholes.) But the USCIS should not throw the baby out with the bath water. Either this country values high-skilled immigrants, or it doesn't. The high-skilled immigrants need to know this, so that they can make decisions in their life. The incompetence of USCIS can't be the instrument of public policy making.
pmat
06-12 09:30 AM
2nd best engineering college in Rajasthan? There were 25 states in India , now including IITs, & NITs and BITS, that would make it, atleast 30 colleges in India which are better than yours. And here we are just talking of engineering colleges. Not even mentioned about medical or others. So yours would be like probably 50th best college in India. That is certainly not the best and brightest. I am from top 10 engineering colleges of India at the time.
My brother is a gold medalist in CS from India's top NIT and has done MS here from top 10 universities. My wife has also done MS from here (top 20 school) with a good GPA.
So give up ur GC now for recapture and go back! The better and brighter are waiting for it behind you.
What do you mean by not being a public burden? You will still eat up a job , that can be retained for India's best and brightest, in case you do return due to economy or healthcare factors here.
Dude... he is talking about the second best engineering college in India that is located in Rajasthan.. aka - BITS Pilani (my guess).
My brother is a gold medalist in CS from India's top NIT and has done MS here from top 10 universities. My wife has also done MS from here (top 20 school) with a good GPA.
So give up ur GC now for recapture and go back! The better and brighter are waiting for it behind you.
What do you mean by not being a public burden? You will still eat up a job , that can be retained for India's best and brightest, in case you do return due to economy or healthcare factors here.
Dude... he is talking about the second best engineering college in India that is located in Rajasthan.. aka - BITS Pilani (my guess).
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Rb_newsletter
01-13 03:52 PM
THIS IS BIG AS 30-40% OF PEOPLE WHO WORK IN THIS CONTRY ARE RENDERING SOME KIND OF CONSULTING SERVICE TO THE CLIENTS. ALL DESI CONSULTANTS ARE DOOMED FOR GOOD.
In this country it is not the H1bs alone do consultanting/contract. Many staffing companies are there, and even individuals have their own companies and go for contract jobs. I have seen many prefer contract jobs because they make more money when compared to full time. If American businesses got used with consulting/contract even without H1bs, then why this department do not want to accept the practice. Why should small consulting companies get affected?
In this country it is not the H1bs alone do consultanting/contract. Many staffing companies are there, and even individuals have their own companies and go for contract jobs. I have seen many prefer contract jobs because they make more money when compared to full time. If American businesses got used with consulting/contract even without H1bs, then why this department do not want to accept the practice. Why should small consulting companies get affected?
2010 a storm and run away .
vxg
06-04 11:44 PM
Not really the biggest barrier is same or similar job. It is absolutely unfair no not let someone grow into different areas and keep the job exciting. I personally had to pass on so many opportunities even within my own company because of similar job constraint. In fact in many good companies including mine the executives encourage you to get experience in different areas of business before you are considered ready for executive positions and the VP of my division clearly told this to my director that i need to move on to a different job area. In general the AC 21 is risky and if you are waiting for 6-7 years you may not want to take the risk as USCIS make decisions which are unreasonable. AC 21 is also not a law and is subject to interpretation. The deal is that it is completely unfair to not let a person grow professionally and let him or her try different careers. Granted some folks may like to stay in same job area and continue what they are doing and these changes will not impact them but for those who want to try something different every few years this same or similar job rule is a curse.
This benefit already exists under AC21 (after 180 days of filing). Allowing you to ditch sponsoring employer on the first day of filing I-485 defeats the whole idea of employer sponsorship.
This benefit already exists under AC21 (after 180 days of filing). Allowing you to ditch sponsoring employer on the first day of filing I-485 defeats the whole idea of employer sponsorship.
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bsnf
07-10 11:08 AM
Good Luck.
I think you should publish your story.
I think you should publish your story.
hair businessman running away
iviviv
10-10 01:00 AM
Thanks for the interesting posts and sharing of your experiences!!!
I figure that the EB-2 and EB-3 categories are going to remain backlogged for a few years for India. So, the best way to apply for US green card would be to attain Canadian citizenship to provide flexibility of using TN visa and then apply for GC using EB-1 category as a manager. Perhaps, it is not as easy as I make it sound to get a EB-1 success case.
Are there people out there who have successfully used the EB-1 category or know of anyone who has used the EB-1 category? Is it sufficient for one to be a first line manager to utilize the EB-1 category or does one have to be an executive?
How many employees does one need to manage to be considered an executive?
I guess EB-1 remains the only sure bet to get a quick GC, but it is probably difficult to qualify for it.
I figure that the EB-2 and EB-3 categories are going to remain backlogged for a few years for India. So, the best way to apply for US green card would be to attain Canadian citizenship to provide flexibility of using TN visa and then apply for GC using EB-1 category as a manager. Perhaps, it is not as easy as I make it sound to get a EB-1 success case.
Are there people out there who have successfully used the EB-1 category or know of anyone who has used the EB-1 category? Is it sufficient for one to be a first line manager to utilize the EB-1 category or does one have to be an executive?
How many employees does one need to manage to be considered an executive?
I guess EB-1 remains the only sure bet to get a quick GC, but it is probably difficult to qualify for it.
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deafTunes123
07-27 08:04 AM
One basic note that Amway/Quixstar guys/preachers/creatures should understand is that "Not every business/job is for every one".
Few individuals can do only certain kinds of jobs. However, I notice that these Amway/Quixtar guys always project that, any dumbo can do this business (if followed rules). And also, they project that this is the only way earn money on this planet. If some one follows their own path (own ambitions), then they think that he/she is an idiot that they not joining them. For God's sake, Amway guys don't bug people. When some one said no means, Its NO. don't put pressure on strangers.
I will tell you my experience/observations with most of the Amway/Quixtar guys that I met.
1. They dream of early retirement, free money, free cruise trip, free vacations etc., where as in reality, they don't even buy good TV for them selves. I know few folks who purchased a 18 inches bathroom tv for $5.00. I am not against second hand a TV for less, but check the reality and see the difference between dreams and reality.
2. Forget about TV, it may not be an essential in life for everyone. I also noticed that they don't even purchase proper food/groceries. May be not are alike. I have see many in my past 15 years of life in US either in Bayarea or in Texas or in PA.
3. There was a Quixtar/Amway Summer conference few of years ago. I have seen 32 adult people stayed in a Single bedroom apartment (around 700 Sq Ft) for two nights. Yes, I literally counted people coming out of the door (right opposite to my apartment). I couldn't believe my eyes/brain initially but its truth.
I am not offending any one intentionally, but know the difference between reality and dreams.
Few individuals can do only certain kinds of jobs. However, I notice that these Amway/Quixtar guys always project that, any dumbo can do this business (if followed rules). And also, they project that this is the only way earn money on this planet. If some one follows their own path (own ambitions), then they think that he/she is an idiot that they not joining them. For God's sake, Amway guys don't bug people. When some one said no means, Its NO. don't put pressure on strangers.
I will tell you my experience/observations with most of the Amway/Quixtar guys that I met.
1. They dream of early retirement, free money, free cruise trip, free vacations etc., where as in reality, they don't even buy good TV for them selves. I know few folks who purchased a 18 inches bathroom tv for $5.00. I am not against second hand a TV for less, but check the reality and see the difference between dreams and reality.
2. Forget about TV, it may not be an essential in life for everyone. I also noticed that they don't even purchase proper food/groceries. May be not are alike. I have see many in my past 15 years of life in US either in Bayarea or in Texas or in PA.
3. There was a Quixtar/Amway Summer conference few of years ago. I have seen 32 adult people stayed in a Single bedroom apartment (around 700 Sq Ft) for two nights. Yes, I literally counted people coming out of the door (right opposite to my apartment). I couldn't believe my eyes/brain initially but its truth.
I am not offending any one intentionally, but know the difference between reality and dreams.
hot Lego Smiley Sad clip art
venetian
05-11 03:38 PM
Kodi,
From the bottom of your heart can you tell the forum that there was no discrimination against Tamils in Sri Lanka after its independence from Great Britain.
War is in the northern and eastern provinces. Sinhala and Muslims were driven out of this area by the LTTE. Tamils live all over the country. Tamils lead regular life in other areas of the country that's not succumbed to the war, this includes the capital, colombo. They conduct business, attend universities/schools, they lead a regular life just like any other sinhala or muslims. Tamils lead prosperous lives in other parts than the north and east. The reason they can't live in the north or east is due to their own LTTE, the group that was supposed to liberate tamils.
If there's ethnic cleansing or genocide against tamils, Sinhala and muslim people should be killing tamils all over the country. This is not case in Sri Lanka. I have tamil friends and classmates, we went to school together. How come there are tamil ministers in the parliament. Parliment members Lakshman Kadirgamar and Jeyaraj Fernandopulle both tamils and were killed by the LTTE not the gov. How can this be ethnic cleansing?
From the bottom of your heart can you tell the forum that there was no discrimination against Tamils in Sri Lanka after its independence from Great Britain.
War is in the northern and eastern provinces. Sinhala and Muslims were driven out of this area by the LTTE. Tamils live all over the country. Tamils lead regular life in other areas of the country that's not succumbed to the war, this includes the capital, colombo. They conduct business, attend universities/schools, they lead a regular life just like any other sinhala or muslims. Tamils lead prosperous lives in other parts than the north and east. The reason they can't live in the north or east is due to their own LTTE, the group that was supposed to liberate tamils.
If there's ethnic cleansing or genocide against tamils, Sinhala and muslim people should be killing tamils all over the country. This is not case in Sri Lanka. I have tamil friends and classmates, we went to school together. How come there are tamil ministers in the parliament. Parliment members Lakshman Kadirgamar and Jeyaraj Fernandopulle both tamils and were killed by the LTTE not the gov. How can this be ethnic cleansing?
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house christian clip art,
bfadlia
02-19 03:09 PM
You have to look at the context in which my comments were made. Somebody said that H4 spouses go to college and pay instate fees but they have to pay international fees. I never said that ROW people do not have any of those problems but it just that we have to endure that for some more years. Having said that, I reiterate that I want my GC fast but not at the expense of ROW people. They do not have to endure a longer wait.
I thought this thread was given a decent burial, I could trust only you to bring this thread back to life with your hidden agenda of driving a wedge between Indians/Chinese and ROW.
NKR, you said u r replying to someone else.. i don't know why u then quoted me in ur message and in the end added that I didn't care about u.. is it normal that we run down each other for no reason.. what bad thing did i ever say about u..
sorry that u got the impression the thread was dead, i was away (soccer then resting u know) and came back to see someone else left me hate/curse messages, and speaking on IV's behalf and no one cared to tell him that both acts were not appropriate.. tell me why is it that u (and may be others) agree that removing the country limit is wrong and that saying some nationality is better and brighter than others is also wrong yet not one is defending me when i make those same arguments and get insulted in the process..
I thought this thread was given a decent burial, I could trust only you to bring this thread back to life with your hidden agenda of driving a wedge between Indians/Chinese and ROW.
NKR, you said u r replying to someone else.. i don't know why u then quoted me in ur message and in the end added that I didn't care about u.. is it normal that we run down each other for no reason.. what bad thing did i ever say about u..
sorry that u got the impression the thread was dead, i was away (soccer then resting u know) and came back to see someone else left me hate/curse messages, and speaking on IV's behalf and no one cared to tell him that both acts were not appropriate.. tell me why is it that u (and may be others) agree that removing the country limit is wrong and that saying some nationality is better and brighter than others is also wrong yet not one is defending me when i make those same arguments and get insulted in the process..
tattoo Girl Playing clip art
lahiribaba
09-30 08:53 PM
The naysayers saying that all assets backed by mortgage by securities are worthless. How can a freaking house become worthless? Yes its market value may have fallen but it is quite possible to increase the market value of houses by increasing demand. And how one can increase demand of houses? Simply by welcoming more skilled and educated foreign workers and making US immigration system more friendly to the immigrants who wants to stay here, buy a house here and raise a family. USA needs fresh blood not protectionist measures that will simply make it a country with huge tracts of land , low population density and constantly outmaneuvered in the international market by other economic superpowers like China.
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pictures Check out the cover art
vrbest
07-22 12:27 PM
Thank you for taking time to answer my question. my PD is Apr 06 EB3-India. I filed 485 on Jul 23, 2007.
Can I continue working for Company B until GC is received? or should I join company C before that?
Whats your EB3 PD. You can join company C anytime assuming that it has been more than six months since you filed your I-485. Company C can start the EB2 process should you choose to. However bear in mind that this process will also take some time.
Can I continue working for Company B until GC is received? or should I join company C before that?
Whats your EB3 PD. You can join company C anytime assuming that it has been more than six months since you filed your I-485. Company C can start the EB2 process should you choose to. However bear in mind that this process will also take some time.
dresses This is where people publish
u.misc
01-19 11:34 AM
Dude, I don't know where you come from but you have a very thorough and deep knowledge of how to run the prostitution business. However, I am sorry to say that you know nothing about consulting business.
You call desi consulting companies whatever bad names you want, but the truth is that consulting companies are the one who:
1. Files for GC, the way you ask with no questions asked. (nothing illegal about it)
2. Helps you maintain legal status while you are on the bench ... If you are working for non-desi company and your services are not required, you get a pink slip.
3. Pay you per you skills. Contrary to general conceptions, desi consulting companies pay you appropriately (at least most of them) per the billing rate they get from client. Remember it involves cost to run you payroll like payroll taxes and salary of employees, so you can't keep 100% of billing rate.
Desi consulting companies are not always a blood sucker and desi consultants are not idiots. Infact they are may be more skilled than a IT profession working in big-shot American IT company and doing the same job for last 5 years. Consulting provides you a new job and new set of challenges and technologies to work with every now and then.
Consultants are the work force driving American IT needs.
In fact consider the consulting business like prostitution and the h1b consulting companies as no more then pimp.No matter whether my sister or I work for the same.Let me explain the business processes of two for you.
1.Client is most important in both the cases.No matter how client mistreated you , the pimp will take you to different client but will never snub the client.
2.You work at client site on odd hour.
3.It's pimp's job to keep pros under control and scare them of consequences for deserting them. H1b is one such tool and another is too restrictive contract ( 18 months etc ).
4.If your tech skill got outdated they will dump you ( regardless of contract ) . Old pros becomes "Mausi" and old consultant opens Consulting co and starts h1b hiring.
5.If you have to have latest skill and for every new engagement client will select from many resume like in pros business. Pros do make etc to be in market.
6. Pimp will not like the contract to hire clause but h1b/pros will like to have that.
7. when some one enforces law to ban the business organize protest march of pros . have you seen any protest march by pimps ? Same here , protest march by h1b consultant not by consulting co.
Try to observe the prostitution business and your profession and there is not much differences except we have illusion and they don't.
You call desi consulting companies whatever bad names you want, but the truth is that consulting companies are the one who:
1. Files for GC, the way you ask with no questions asked. (nothing illegal about it)
2. Helps you maintain legal status while you are on the bench ... If you are working for non-desi company and your services are not required, you get a pink slip.
3. Pay you per you skills. Contrary to general conceptions, desi consulting companies pay you appropriately (at least most of them) per the billing rate they get from client. Remember it involves cost to run you payroll like payroll taxes and salary of employees, so you can't keep 100% of billing rate.
Desi consulting companies are not always a blood sucker and desi consultants are not idiots. Infact they are may be more skilled than a IT profession working in big-shot American IT company and doing the same job for last 5 years. Consulting provides you a new job and new set of challenges and technologies to work with every now and then.
Consultants are the work force driving American IT needs.
In fact consider the consulting business like prostitution and the h1b consulting companies as no more then pimp.No matter whether my sister or I work for the same.Let me explain the business processes of two for you.
1.Client is most important in both the cases.No matter how client mistreated you , the pimp will take you to different client but will never snub the client.
2.You work at client site on odd hour.
3.It's pimp's job to keep pros under control and scare them of consequences for deserting them. H1b is one such tool and another is too restrictive contract ( 18 months etc ).
4.If your tech skill got outdated they will dump you ( regardless of contract ) . Old pros becomes "Mausi" and old consultant opens Consulting co and starts h1b hiring.
5.If you have to have latest skill and for every new engagement client will select from many resume like in pros business. Pros do make etc to be in market.
6. Pimp will not like the contract to hire clause but h1b/pros will like to have that.
7. when some one enforces law to ban the business organize protest march of pros . have you seen any protest march by pimps ? Same here , protest march by h1b consultant not by consulting co.
Try to observe the prostitution business and your profession and there is not much differences except we have illusion and they don't.
more...
makeup people trying to run away
BharatPremi
07-13 01:47 AM
As I mentioned, I love it in the States. But to love the States is not to say other places are not also very good. And when weighing your options between perpetual immigration and settling somewhere else, there might be value in considering other options. Which by the way, is the point of the this thread. Perhaps nuance is lost on someone of your obvious genius.
Also, I was quoting from a set of facts related to The Economists quality of life Indexes. Helping to inform people. In addition to that, I've lived many, many years in all 3 countries.
You on the other hand, contributed exactly what to the conversation?
I hope you recall your message to me next time you complain about the US immigration system and they say "So? If you hate it so much, why don't you F@@K off back to where you came from?"
SWO,
I would not take much to reply your junk...I have also replied to other one so please read that... I can be ready to read your ... if you first prove by taking Canadian Immigration and start writing this junk from your promising land of Canada. IN that case not only me but many others would see legitimacy.As long as you are on USA land please do not be contradictory... That is it. Bye for now.
Also, I was quoting from a set of facts related to The Economists quality of life Indexes. Helping to inform people. In addition to that, I've lived many, many years in all 3 countries.
You on the other hand, contributed exactly what to the conversation?
I hope you recall your message to me next time you complain about the US immigration system and they say "So? If you hate it so much, why don't you F@@K off back to where you came from?"
SWO,
I would not take much to reply your junk...I have also replied to other one so please read that... I can be ready to read your ... if you first prove by taking Canadian Immigration and start writing this junk from your promising land of Canada. IN that case not only me but many others would see legitimacy.As long as you are on USA land please do not be contradictory... That is it. Bye for now.
girlfriend wedding dress running away
gjoe
02-16 11:26 PM
If you want to use AC21 and your current employer is playing dirty tricks like withholding you pay without any legal reason or trying to arm twist you into staying with him please try this following you would win without fail.
1) Try to negotiate with your employer and make sure you don't compromise on your paid leave balance, last few paychecks and experience letter.
2) If he is trying to scam you out of as much money as possible before you leave try to preserver all the written communication you had with him to recover your money.
3) With all that paper work you have enough ammo to get all the money back and shut your bloodsucking employer.
4) Call the sucker and tell him that you are sending a letter to the USCIS with CC to the president, congressman of your district and your state senator regarding your problem. Add in a couple of news agency names on the CC list just for kicks
You can never go wrong with this plan, you will get your money back within a few days.
BTW you can request USCIS to expedite your I485 and quote these kind of employer exploitation as a hardship. ( I never tried this part, who knows you might get your GC ahead of others) I don't know of anyone who has used this successfuly, if you try it please share your experience.
The plan to get your money works, I have personally tried it. I didn't even send any letters. I just explained him that I will not lose anything even if my GC is denied but the sucker will end up with lots of trouble with USCIS.
I was trying to build a case to fight ( in the court if required) the sucker but he backed off.
1) Try to negotiate with your employer and make sure you don't compromise on your paid leave balance, last few paychecks and experience letter.
2) If he is trying to scam you out of as much money as possible before you leave try to preserver all the written communication you had with him to recover your money.
3) With all that paper work you have enough ammo to get all the money back and shut your bloodsucking employer.
4) Call the sucker and tell him that you are sending a letter to the USCIS with CC to the president, congressman of your district and your state senator regarding your problem. Add in a couple of news agency names on the CC list just for kicks
You can never go wrong with this plan, you will get your money back within a few days.
BTW you can request USCIS to expedite your I485 and quote these kind of employer exploitation as a hardship. ( I never tried this part, who knows you might get your GC ahead of others) I don't know of anyone who has used this successfuly, if you try it please share your experience.
The plan to get your money works, I have personally tried it. I didn't even send any letters. I just explained him that I will not lose anything even if my GC is denied but the sucker will end up with lots of trouble with USCIS.
I was trying to build a case to fight ( in the court if required) the sucker but he backed off.
hairstyles It#39;s the clip-art magnifying
.jpg "Then there#39;s lots of running")
snathan
01-21 06:27 PM
I got the below email from multiple friends. I don't know what is the source, who wrote this analysis because there is no links. I did NOT mean to spread the fear. Just sharing the contents unaltered.
------------------------------------------------------------------------------------------
However, this is how many could read RECENT (Jan 8, 2010) actions / announcement by USCIS towards Consulting companies, which engages or merely places their employees at the client sites for various projects.
� No new H1B application will be approved, as per the new guidelines provided USCIS on Jan 08, 2010 memorandum � for 3rd Party Consulting company.
� No new H1B extension/stamping will be approved, as per the new guidelines provided USCIS on Jan 08, 2010 memorandum � for 3rd Party Consulting company.
� If an employee has H1B approved or extension approved, and if he/she comes back to US from a vacation or from an emergency, he/she would be deported back to his/her home country from the Port of Entry (PoE) � for 3rd Party Consulting company.
Why?
Because of 2 recent events:
1) USCIS gave new memorandum (which is now guidelines for USCIS professionals working on the H1B petitions/extensions) on Jan 08th, 2010. (Attached the PDF file for the memorandum).
2) Recently (Jan 2010) several H1B Employees were sent back (in some forum, its mentioned � all of them) to their home country from Newark, NJ and JFK, NY Port of Entry � these were the H1B employees, who went to spend Christmas/New Year vacation to their home countries.
What does the memorandum mention, specifically, about 3rd Party Consulting companies?
Link to the memorandum (PDF attached) � http://www.uscis.gov/USCIS/Laws/Memoranda/2010/H1B%20Employer-Employee%20Memo010810.pdf
Employer-Employee Relationship:
As per the memorandum, some previous H1B Law defines, the definition of an �US Employer�. Somewhere in that definition (Page 2 of memo), it mentions the word �Employer-Employee relationship�. Till now, it seems that there was no clear guidance on what kind of relationship was considered having Employer-Employee relationship. So, it was being, probably, interpreted independently or ambiguously. Now, on Jan 8th, 2010, USCIS has published this memorandum for TRAINING USCIS OFFICIALS about understanding, Employer-Employee relationship. The memorandum seems to have been prepared with a clear understanding about it, along with the specific EXAMPLES.
Memorandum has given few specific examples, which would QUALIFY for having Employer-Employee relationship, on Page 4-5 of the Memo � including the nature of the job/business. On Page 5-6, memorandum gives few specific examples, which would NOT QUALIFY for having Employer-Employee relationship. Third Party Placement / �Job-Shop� (better version of �Body-shop�, probably) is NOT QUALIFIED for meeting Employer-Employee Relationships � meaning, 3rd Party placement (which most of the small consulting companies do) doesn�t meet H1B requirement, as defined by the law � meaning for this job, the new H1B or Extension or Stamping petitions CANNOT be approved!! Period !!
This is how memorandum has identified 3rd Party Placements and in Bold letters, why it disqualifies for the H1B petitions (comments are in Red):
�The petitioner is a computer consulting company (which is what all small consulting do). The petitioner has contract with numerous outside companies in which it supplies these companies with employee to fulfill specific staffing needs. The specific positions are not outlined in the contract between the petitioner and the third-party company but are staffed on an as-needed basis (this is nothing but, Service Agreement between the petitioner and the mid-vendor!). The beneficiary is a computer analyst (which is what many small consulting company�s employee are). The beneficiary has been assigned to work for the third-party company to fill a core position to maintain the third-party company�s payroll (this nothing but, Mid-Vendor�s or so-called Prime-Vendor�s or Consulting Partner�s Revenue). Once placed at the client company, the beneficiary reports to a manager who works for the third-party company (as it happens, when Consulting partner hires employee as a contractor). The beneficiary does not report to the petitioner for work assignments, and all work assignments are determined by the third-party company (petitioner just runs pay-rolls!). The petitioner does not control how the beneficiary will complete daily tasks, and no propriety information of the petitioner is used by the beneficiary to complete any work assignments (petitioner just runs pay-rolls!). The beneficiary�s end-product, the payroll (payroll of mid-vendor/prime vendor/consulting partner), is not in any way related to the petitioner�s line of business, which is computer consulting. The beneficiary�s progress reviews are completed by the client company, not the petitioner (petitioner just runs pay-rolls!). [Petitioner Has No Right to Control; No Exercise of Control].�
Right to Control:
Supreme Court has stated the definition of Employer-Employee Relationship (Page 3 of Memo), and there it was mentioned to have �Right to Control� over the work of the employee by the employer. From the entire memo, it sounds that Right control is well-established, ONLY WHEN, at least one supervisor from the petitioner�s company works with the beneficiary at the end-client site, and supervises beneficiary�s day-to-day work. So, big Consulting companies such as Wipro, Infosys, Accenture, Deloitte etc. will be good, as they would meet �Right to Control� and that way, they will satisfy H1B requirement by law, and their petitions for similar 3rd party consulting work, will be APPROVED, but not in case of, small consulting companies!! This is because, big consulting companies such as Accenture � have their entire or partial team � along with managers etc. � working at the same client site, where the beneficiary would be working, so they could supervise their work and so exercise control over their work etc., but that cannot be the case with the small consulting � because, their actual business has been, so far, to place employees and run pay-roll � not to get the client projects!
Why one could think that there are slim chances for this memorandum to get reversed in favor of small consulting companies?
This memorandum took care of big consulting companies such as Wipro, Infosys, Cognizant, Accenture etc. � meaning, these companies and their employees are NOT impacted. They can travel freely to-and-fro their home country etc. Since, big companies are not impacted, there will not be any big lobbying or oppositions to this memorandum, per say!! There don�t seem to be a platform for small consulting companies to gather and lobby, plus most the small consulting may not get involved, with fear of exposing themselves more to other issues!! So, it might be east to assume that this memorandum is permanent and not temporary. The recent deportation also indicates that the changes like this memorandum is for serious, not just the warning!
How this memorandum relates to the recent deportation events from NY and NJ airports?
There seems to be an anticipated link between these 2 events � Memorandum and recent Deportations � kind of an indication about the current level of government scrutiny and seriousness of the H1B program. Hence, there have been advices by others that � each employer and employee should operate by strictly following the H1B program requirements.
Link to Murthy.com front page posting about this � MurthyDotCom : NewsFlash! Note to H1Bs Traveling to U.S., Working for Consulting Companies (http://www.murthy.com/nflash/nf_h1conc.html)
What one could predict as happening sooner (trend)?
� Since, it seems big consulting companies (having their own consulting projects)/full-time end-clients and their beneficiaries are not impacted with these changes � there could be trend � employee moving from small companies to big companies for a better shelter for full-time positions � especially, when small consulting company�s immediate preventions / actions to this memo cannot ensure safety.
� Big consulting companies could buy small consulting companies or small consulting companies could sell their companies to big consulting companies (having their own consulting projects), to save their employee�s future/transition etc.
Good Luck my Friends....!!
Everyone knows what the impact would be...no one coming up with the solutions or ready to fight.
------------------------------------------------------------------------------------------
However, this is how many could read RECENT (Jan 8, 2010) actions / announcement by USCIS towards Consulting companies, which engages or merely places their employees at the client sites for various projects.
� No new H1B application will be approved, as per the new guidelines provided USCIS on Jan 08, 2010 memorandum � for 3rd Party Consulting company.
� No new H1B extension/stamping will be approved, as per the new guidelines provided USCIS on Jan 08, 2010 memorandum � for 3rd Party Consulting company.
� If an employee has H1B approved or extension approved, and if he/she comes back to US from a vacation or from an emergency, he/she would be deported back to his/her home country from the Port of Entry (PoE) � for 3rd Party Consulting company.
Why?
Because of 2 recent events:
1) USCIS gave new memorandum (which is now guidelines for USCIS professionals working on the H1B petitions/extensions) on Jan 08th, 2010. (Attached the PDF file for the memorandum).
2) Recently (Jan 2010) several H1B Employees were sent back (in some forum, its mentioned � all of them) to their home country from Newark, NJ and JFK, NY Port of Entry � these were the H1B employees, who went to spend Christmas/New Year vacation to their home countries.
What does the memorandum mention, specifically, about 3rd Party Consulting companies?
Link to the memorandum (PDF attached) � http://www.uscis.gov/USCIS/Laws/Memoranda/2010/H1B%20Employer-Employee%20Memo010810.pdf
Employer-Employee Relationship:
As per the memorandum, some previous H1B Law defines, the definition of an �US Employer�. Somewhere in that definition (Page 2 of memo), it mentions the word �Employer-Employee relationship�. Till now, it seems that there was no clear guidance on what kind of relationship was considered having Employer-Employee relationship. So, it was being, probably, interpreted independently or ambiguously. Now, on Jan 8th, 2010, USCIS has published this memorandum for TRAINING USCIS OFFICIALS about understanding, Employer-Employee relationship. The memorandum seems to have been prepared with a clear understanding about it, along with the specific EXAMPLES.
Memorandum has given few specific examples, which would QUALIFY for having Employer-Employee relationship, on Page 4-5 of the Memo � including the nature of the job/business. On Page 5-6, memorandum gives few specific examples, which would NOT QUALIFY for having Employer-Employee relationship. Third Party Placement / �Job-Shop� (better version of �Body-shop�, probably) is NOT QUALIFIED for meeting Employer-Employee Relationships � meaning, 3rd Party placement (which most of the small consulting companies do) doesn�t meet H1B requirement, as defined by the law � meaning for this job, the new H1B or Extension or Stamping petitions CANNOT be approved!! Period !!
This is how memorandum has identified 3rd Party Placements and in Bold letters, why it disqualifies for the H1B petitions (comments are in Red):
�The petitioner is a computer consulting company (which is what all small consulting do). The petitioner has contract with numerous outside companies in which it supplies these companies with employee to fulfill specific staffing needs. The specific positions are not outlined in the contract between the petitioner and the third-party company but are staffed on an as-needed basis (this is nothing but, Service Agreement between the petitioner and the mid-vendor!). The beneficiary is a computer analyst (which is what many small consulting company�s employee are). The beneficiary has been assigned to work for the third-party company to fill a core position to maintain the third-party company�s payroll (this nothing but, Mid-Vendor�s or so-called Prime-Vendor�s or Consulting Partner�s Revenue). Once placed at the client company, the beneficiary reports to a manager who works for the third-party company (as it happens, when Consulting partner hires employee as a contractor). The beneficiary does not report to the petitioner for work assignments, and all work assignments are determined by the third-party company (petitioner just runs pay-rolls!). The petitioner does not control how the beneficiary will complete daily tasks, and no propriety information of the petitioner is used by the beneficiary to complete any work assignments (petitioner just runs pay-rolls!). The beneficiary�s end-product, the payroll (payroll of mid-vendor/prime vendor/consulting partner), is not in any way related to the petitioner�s line of business, which is computer consulting. The beneficiary�s progress reviews are completed by the client company, not the petitioner (petitioner just runs pay-rolls!). [Petitioner Has No Right to Control; No Exercise of Control].�
Right to Control:
Supreme Court has stated the definition of Employer-Employee Relationship (Page 3 of Memo), and there it was mentioned to have �Right to Control� over the work of the employee by the employer. From the entire memo, it sounds that Right control is well-established, ONLY WHEN, at least one supervisor from the petitioner�s company works with the beneficiary at the end-client site, and supervises beneficiary�s day-to-day work. So, big Consulting companies such as Wipro, Infosys, Accenture, Deloitte etc. will be good, as they would meet �Right to Control� and that way, they will satisfy H1B requirement by law, and their petitions for similar 3rd party consulting work, will be APPROVED, but not in case of, small consulting companies!! This is because, big consulting companies such as Accenture � have their entire or partial team � along with managers etc. � working at the same client site, where the beneficiary would be working, so they could supervise their work and so exercise control over their work etc., but that cannot be the case with the small consulting � because, their actual business has been, so far, to place employees and run pay-roll � not to get the client projects!
Why one could think that there are slim chances for this memorandum to get reversed in favor of small consulting companies?
This memorandum took care of big consulting companies such as Wipro, Infosys, Cognizant, Accenture etc. � meaning, these companies and their employees are NOT impacted. They can travel freely to-and-fro their home country etc. Since, big companies are not impacted, there will not be any big lobbying or oppositions to this memorandum, per say!! There don�t seem to be a platform for small consulting companies to gather and lobby, plus most the small consulting may not get involved, with fear of exposing themselves more to other issues!! So, it might be east to assume that this memorandum is permanent and not temporary. The recent deportation also indicates that the changes like this memorandum is for serious, not just the warning!
How this memorandum relates to the recent deportation events from NY and NJ airports?
There seems to be an anticipated link between these 2 events � Memorandum and recent Deportations � kind of an indication about the current level of government scrutiny and seriousness of the H1B program. Hence, there have been advices by others that � each employer and employee should operate by strictly following the H1B program requirements.
Link to Murthy.com front page posting about this � MurthyDotCom : NewsFlash! Note to H1Bs Traveling to U.S., Working for Consulting Companies (http://www.murthy.com/nflash/nf_h1conc.html)
What one could predict as happening sooner (trend)?
� Since, it seems big consulting companies (having their own consulting projects)/full-time end-clients and their beneficiaries are not impacted with these changes � there could be trend � employee moving from small companies to big companies for a better shelter for full-time positions � especially, when small consulting company�s immediate preventions / actions to this memo cannot ensure safety.
� Big consulting companies could buy small consulting companies or small consulting companies could sell their companies to big consulting companies (having their own consulting projects), to save their employee�s future/transition etc.
Good Luck my Friends....!!
Everyone knows what the impact would be...no one coming up with the solutions or ready to fight.
WaitingForMyGC
07-11 03:22 PM
I have already booked my one way tickets back to India for this December. If my priority does'nt become current by than, I am done here.
logiclife
01-01 01:08 AM
Here is the contact info of this author.
http://www.flight-capital.com/contact.html
His email is dh@flight-capital.com. The phone numbers are for his sales office of his book. I came to know about this guy from cable news show, I guess it was MSNBC, cant be sure.
I have already written a letter to this guy asking for help/suggestions. I will send a copy of that email to you too.
This man is legit. I found something more on this guy:
This is from : http://www.redherring.com/Article.aspx?a=14488§or=QAndA&subsector=PolicyMakersAndPundits#
In Flight Capital, Mr. Heenan says that 1,000 people a day leave the U.S. to return to their home countries. While few countries monitor the quantity and quality of talent that has exited and returned, he says these are the talented people who help drive the pace of innovation in tech centers like California�s Silicon Valley. �In the global war for top talent, our competitors aren�t taking prisoners,� he writes.In his travels and research, Mr. Heenan interviewed repatriates in eight countries, including Ireland, Iceland, India, Singapore, China, Taiwan, Israel, and Mexico. Eight of the 11 Americans who shared Nobel prizes in physics and chemistry in the past three years were born elsewhere, and nearly 40 percent of Massachusetts Institute of Technology graduate students are from abroad, notes Mr. Heenan, who has taught at the University of Pennsylvania�s Wharton School and Columbia University.
http://www.flight-capital.com/contact.html
His email is dh@flight-capital.com. The phone numbers are for his sales office of his book. I came to know about this guy from cable news show, I guess it was MSNBC, cant be sure.
I have already written a letter to this guy asking for help/suggestions. I will send a copy of that email to you too.
This man is legit. I found something more on this guy:
This is from : http://www.redherring.com/Article.aspx?a=14488§or=QAndA&subsector=PolicyMakersAndPundits#
In Flight Capital, Mr. Heenan says that 1,000 people a day leave the U.S. to return to their home countries. While few countries monitor the quantity and quality of talent that has exited and returned, he says these are the talented people who help drive the pace of innovation in tech centers like California�s Silicon Valley. �In the global war for top talent, our competitors aren�t taking prisoners,� he writes.In his travels and research, Mr. Heenan interviewed repatriates in eight countries, including Ireland, Iceland, India, Singapore, China, Taiwan, Israel, and Mexico. Eight of the 11 Americans who shared Nobel prizes in physics and chemistry in the past three years were born elsewhere, and nearly 40 percent of Massachusetts Institute of Technology graduate students are from abroad, notes Mr. Heenan, who has taught at the University of Pennsylvania�s Wharton School and Columbia University.
