SDdesi
07-28 08:17 PM
I still believe in EB2 will try to catch up current by next October.
My analysis shows a similar result although it could be off by about 6 months. I was a little surprised to see a dip in LC approvals in 2005 and there was a recent news report that 2008 also shows a similar dip indicating the declining incentives to keeping jobs/people here. If the current trend continues, we should see more visas available for the backlog reduction and more GC approvals should come in 2H09.
My analysis shows a similar result although it could be off by about 6 months. I was a little surprised to see a dip in LC approvals in 2005 and there was a recent news report that 2008 also shows a similar dip indicating the declining incentives to keeping jobs/people here. If the current trend continues, we should see more visas available for the backlog reduction and more GC approvals should come in 2H09.
wallpaper Porsche Cayman S
Rb_newsletter
01-21 06:15 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....!!
------------------------------------------------------------------------------------------
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....!!
snathan
08-16 11:40 AM
Is this what anti's call us? I think most of us are not just cheap labour. Definitely paid more that the average wage levels.
He is talking about himself....dont worry.
He is talking about himself....dont worry.
2011 Photo 2012 Porsche Cayman S
trueguy
07-23 12:27 PM
Currently, there are about 400K EB AOS (including EB2 and EB3 and all countries) pending with USCIS. If USCIS works efficiently and doesn't waste any numbers then this backlog can be cleared in 3 years assuming demand for EB2-ROW remains the same.
more...
BharatPremi
12-13 02:16 PM
The OP was whether the country quota is constitutional. My interest was to find out if the current laws and regulations are violated by the country quota.
As lazycis pointed out, SC seems to uphold the current situation.
I was not looking into arguing in a court whether a particular regulation is fair or not. The law is what it is (what I or you consider fair or unfair is immaterial), question was : Is the law being implemented or not? Seems like it is.
To change the law, we as IV are lobbying and meeting lawmakers already.
Unless a constitutional lawyer says otherwise, I see no reason to pursue the country quota in a court, considering lazycis post.
Yes. As long as it is established as "law" we can not pursue the solution in a court.
As lazycis pointed out, SC seems to uphold the current situation.
I was not looking into arguing in a court whether a particular regulation is fair or not. The law is what it is (what I or you consider fair or unfair is immaterial), question was : Is the law being implemented or not? Seems like it is.
To change the law, we as IV are lobbying and meeting lawmakers already.
Unless a constitutional lawyer says otherwise, I see no reason to pursue the country quota in a court, considering lazycis post.
Yes. As long as it is established as "law" we can not pursue the solution in a court.
gc28262
01-16 09:47 AM
I have no problem with any individual but I hate my ex employer and their class ( in no uncertain terms ). I was earning for them , but he and his wife used to behave like big boss to me.Why I shed no tears for them. They think themselves as Ambani but will not hire few good marketing folks who can bring projects from direct clients. There business model is like the following example ( joke ). A bihari gone to punjab and started working for sardarji for food and shelter.While he asked the sardarji for food , he said go that building eat as much you want and take this tifin box and pack some food for me too. Just tell them that I have sent you . After some time Bihari came to know that it was Gurudwara and food was lunger. I consider these body shop no different then that Sardarji. Opening a co ( body shop ) requires phone and outlook. WOW. The h1b rules allow a space for them. With this new rule , they are gone for good. Let me make it very clear , I hate body shopper . It is mere chance that they are from particular state. I fully sympathize with all H1B holder and again let me insist all deserving H1b people will be better off with this memo. Let me quote a line from Ghalib " Jis diye me tel honge , rah jayenge bus wohi ".
Let me enjoy on potential demise of Body shopper including my ex employer. I am ready
If you were with an employer (consulting or not) for a long time that you regret now, you have yourself to blame. It is on ourselves to get out of disadvantageous situations. There are enough laws already to get rid of such long term contracts especially for H1B candidates. However many of us don't do that. In the end we stereotype entire set of companies based on our experience with a single company.
Blind men and an elephant - Wikipedia, the free encyclopedia (http://en.wikipedia.org/wiki/Blind_men_and_an_elephant)
Let me enjoy on potential demise of Body shopper including my ex employer. I am ready
If you were with an employer (consulting or not) for a long time that you regret now, you have yourself to blame. It is on ourselves to get out of disadvantageous situations. There are enough laws already to get rid of such long term contracts especially for H1B candidates. However many of us don't do that. In the end we stereotype entire set of companies based on our experience with a single company.
Blind men and an elephant - Wikipedia, the free encyclopedia (http://en.wikipedia.org/wiki/Blind_men_and_an_elephant)
more...
MYGC2008
09-23 05:50 PM
By Looking into Data provided, INDIA EB2 should get more Visa this year.
Look at the Data for EB2 CHINA
for 2004 it is 123 and for 2005 it is 4100.
If the Cutoff Dates does not move for China/India ,How they going to use spillover visas?
This is really interesting
Since EB1 is Current and Rest all Eb2(except CHINA/INDIA) are current. This time there will be huge spillover.
Look at the Data for EB2 CHINA
for 2004 it is 123 and for 2005 it is 4100.
If the Cutoff Dates does not move for China/India ,How they going to use spillover visas?
This is really interesting
Since EB1 is Current and Rest all Eb2(except CHINA/INDIA) are current. This time there will be huge spillover.
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makemygc
06-28 12:37 PM
For July 485 filing, can I send papers in Saturday June 30th ?
This is what I'm doing. I'm flying to Nebraska service center friday night. Will put my shelter in front on PO box and will remain there until Monday morning. Once the USCIS guy comes up to pick up the mails, I'm just going to hand deliver my paper before he even opens his mail box.
Want to join me ;)
This is what I'm doing. I'm flying to Nebraska service center friday night. Will put my shelter in front on PO box and will remain there until Monday morning. Once the USCIS guy comes up to pick up the mails, I'm just going to hand deliver my paper before he even opens his mail box.
Want to join me ;)
more...
Rb_newsletter
08-15 03:51 PM
What did the officer do wrong if the name matched.
Do you know there is a CNN reporter who is a white guy and his name matched with some name on the security check list and the guy was harassed multiple times on different airports within USA.
If a known person in USA can get such treatment, SRK IS NOTHING.
SRK Fans think the is someone special!
Your argument sounds like "Yes we do harass our own people here. So there is nothing wrong in harassing other country people"
Do you know there is a CNN reporter who is a white guy and his name matched with some name on the security check list and the guy was harassed multiple times on different airports within USA.
If a known person in USA can get such treatment, SRK IS NOTHING.
SRK Fans think the is someone special!
Your argument sounds like "Yes we do harass our own people here. So there is nothing wrong in harassing other country people"
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mirage
04-01 12:17 PM
I haven't seen anything more laughable than this for quiet some time...BTW do you think by chanting "Green Card" 100 times a day will get you green card or Not talking about India will get it, should we stop talking to people about India here & stop going to India and stop making calls to India since we are focussing on Green Cards ? If you don't want to be a part of discussion ignore it, be it on top or bottom of the threads. I meet people who have been living in this country for past 40 years and still today, all that they discuss is 'India', how do you expect us, who are Indians, Not discuss India ?
You Idiot,
When you keep updating this thread it keeps coming on top.
I ignored it for a few days and finally clicked to see what the Fuck is going on here.
Now it seems even moderators are joining this madness.
If infighting keeps continuing on this forum and you keep discussing non-immigration related topics here, you will never get your green card. FOCUS!
It is strange that you all want green card so that you live in USA but pretend to be SOOOOOOOOOOOOOOO concerned about Prime Minister of India and then start blaming each other..
No wonder NumbersUSA etc are succeding..
Pappu,
Please remove my profile and user ID from the system. I can't be part of these morons. I shall get my GC when I shall have to get it. I am not here to discuss non-GC related issues. There are many more forums to do that.
You Idiot,
When you keep updating this thread it keeps coming on top.
I ignored it for a few days and finally clicked to see what the Fuck is going on here.
Now it seems even moderators are joining this madness.
If infighting keeps continuing on this forum and you keep discussing non-immigration related topics here, you will never get your green card. FOCUS!
It is strange that you all want green card so that you live in USA but pretend to be SOOOOOOOOOOOOOOO concerned about Prime Minister of India and then start blaming each other..
No wonder NumbersUSA etc are succeding..
Pappu,
Please remove my profile and user ID from the system. I can't be part of these morons. I shall get my GC when I shall have to get it. I am not here to discuss non-GC related issues. There are many more forums to do that.
more...
conchshell
07-29 02:41 PM
I think the idea being circulated by the Ron and Murtys of this world that DOL pushed out the dates to get CP to use up the numbers that USCIS is incapable or unwilling to use seems to go down the drain I don't think DOL cares about 100 odd visas that much.:)
Exactly .. that was the purpose behind taking a rough count of CP filers scheduled for GC stamping at US Consulates in India. With the data we have, Ron's argument does not carry much wait.
Exactly .. that was the purpose behind taking a rough count of CP filers scheduled for GC stamping at US Consulates in India. With the data we have, Ron's argument does not carry much wait.
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senthil1
06-26 01:35 PM
The main reason for this kind of fear is many people waited more than 5 years and PD was moving 2 weeks per 3 months. Suddenly PD become current everyone could not believe themselves and still Skeptical about it. This kind of PD movements happened many times in past. This kind of fear is unneccessary and try to file I485 ASAP to get earliest Receipt date.
Logiclife,
All I am saying is, the DOS or USCIS can be unpredictible at times. I know TECHNICALLY there is NO way the July bulletin can retrogress IN JULY. However I would NOT be surprised if that happens. Coz this suddenly creates a FLOOD of Ead applications and AP applications not to mention Finger printing.
Logiclife,
All I am saying is, the DOS or USCIS can be unpredictible at times. I know TECHNICALLY there is NO way the July bulletin can retrogress IN JULY. However I would NOT be surprised if that happens. Coz this suddenly creates a FLOOD of Ead applications and AP applications not to mention Finger printing.
more...
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she81
07-03 06:59 PM
I digged all the comments but looks like someone is trying to bury them again and again...
tattoo Cayman now has an engine
baladev
06-15 10:10 PM
probably they all GCs....:D
What has happend to this forum....:confused: Where are the leaders?
What has happend to this forum....:confused: Where are the leaders?
more...
pictures Porsche has done it again.
thecipher5
04-23 09:52 AM
Suresh,
I just sent you a pm regarding a similar situation I'd faced...
Contact me if you need more information.
thecipher5
I just sent you a pm regarding a similar situation I'd faced...
Contact me if you need more information.
thecipher5
dresses Porsche Cayman R Porsche Porsche Cayman S The Porsche Cayman S #39;Porsche
snathan
01-17 10:02 AM
Guys,
We cannot sit idly and watch this developing story. We need to explore the possibility. How many are you ready for the fight?
The Insightful Immigration Blog – Commentaries on Immigration Policy, Cases and Trends: NEW USCIS MEMO ON EMPLOYER-EMPLOYEE RELATIONSHIP FOR H-1B PETITIONS: IS IT A WAY TO KEEP CERTAIN WORKERS OUT? (http://cyrusmehta.blogspot.com/2010/01/new-uscis-memo-on-employer-employee.html)
We cannot sit idly and watch this developing story. We need to explore the possibility. How many are you ready for the fight?
The Insightful Immigration Blog – Commentaries on Immigration Policy, Cases and Trends: NEW USCIS MEMO ON EMPLOYER-EMPLOYEE RELATIONSHIP FOR H-1B PETITIONS: IS IT A WAY TO KEEP CERTAIN WORKERS OUT? (http://cyrusmehta.blogspot.com/2010/01/new-uscis-memo-on-employer-employee.html)
more...
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cagedcactus
06-21 03:20 PM
I took upon a couple of new employess in 2004 October and trained them for couple of months as per my job requirement. The company later laid off few guys and substituted two approved labors with these two guys. They got their greencards last year, while I am stuck with a F***ing 2003 PD.
I cant even say how mad I was over getting screwed like this, but hey, if there is any good left, maybe I will have my day too........
I agree with your post here.....
Many of us are not aware of the extend of labor subtituion and the impact that it has on the visa numbers .
I personally know a case where 1-140 was filed in 2005, for a Labor which was approved as early as 2000.
The person was able to get his green card in 6 months time (he has been in US only for 1 year, came to work with the Indian company and joined this new firm just to get his substitute LC) and ate away 2 visa numbers which a genuine GC applicant should have got.
When there are applicants who are waiting for more than 5-7 years to get their green card and in some cases just to get through the labor certification process , isnt this grossly unfair?
Advocates support LC substituion as it is just one more avenue for them to make more money. Unscrupulous employers support the LC substituion since it helps them to make money ( as I understand many of these companies sell LC) . Also same LC is used multiple times.
The losers are genuine GC applicants who are ethical and companies which are ethical.
As a H4 visa holder my life in this country has been so very limited that even opening a bank account or getting a driving licence is tedious as most people have no clue about H4 Visa-its limitations including absence of SSN and donot acknowledge ITIN number for many of the above purposes.
We who are hindered by retrogression and the slow processing (actually no processing at all ) happening in the backlog centers should welcome this new legislation for Banning LC substituion.
I cant even say how mad I was over getting screwed like this, but hey, if there is any good left, maybe I will have my day too........
I agree with your post here.....
Many of us are not aware of the extend of labor subtituion and the impact that it has on the visa numbers .
I personally know a case where 1-140 was filed in 2005, for a Labor which was approved as early as 2000.
The person was able to get his green card in 6 months time (he has been in US only for 1 year, came to work with the Indian company and joined this new firm just to get his substitute LC) and ate away 2 visa numbers which a genuine GC applicant should have got.
When there are applicants who are waiting for more than 5-7 years to get their green card and in some cases just to get through the labor certification process , isnt this grossly unfair?
Advocates support LC substituion as it is just one more avenue for them to make more money. Unscrupulous employers support the LC substituion since it helps them to make money ( as I understand many of these companies sell LC) . Also same LC is used multiple times.
The losers are genuine GC applicants who are ethical and companies which are ethical.
As a H4 visa holder my life in this country has been so very limited that even opening a bank account or getting a driving licence is tedious as most people have no clue about H4 Visa-its limitations including absence of SSN and donot acknowledge ITIN number for many of the above purposes.
We who are hindered by retrogression and the slow processing (actually no processing at all ) happening in the backlog centers should welcome this new legislation for Banning LC substituion.
girlfriend Porsche Cayman S Sport 6
srikanth
07-11 06:23 PM
Hi congrats and good luck !!!
but, remember Once an American Always an American !!!
Live free or Die !!!
Please, do come back , when they fix immigration system... America does need skilled talented professionals like you to compete against outsourcing in a flat world.
and remember Canada does not yet has a professional football team, go patriots !!!
but, remember Once an American Always an American !!!
Live free or Die !!!
Please, do come back , when they fix immigration system... America does need skilled talented professionals like you to compete against outsourcing in a flat world.
and remember Canada does not yet has a professional football team, go patriots !!!
hairstyles Can the Porsche Cayman#39;s
samay
07-15 01:34 PM
My son recently finished his high school and wanted to do Dental degree in India. My current situation is I have applied for adjustment of status in July 2007. Me and my family got the EAD and AP. My priority date is Eb3-November 2005. WIth this mess, I am not sure when I will get my green card.
My question is:
Can I send my son to India for his studies when the adjustment of status is pending. Will it be considered as abondaned if he is out of US when the adjustment of status is in progress?.
Is there any specific forms for this type of situation so that he can go for studies in India and continue the adjustment of status.
Hello,
If your son has a AP then he can go study in India so long as he comes back every year and renews his AP. If he continues to do this his status will not be considered abandoned.
My question is:
Can I send my son to India for his studies when the adjustment of status is pending. Will it be considered as abondaned if he is out of US when the adjustment of status is in progress?.
Is there any specific forms for this type of situation so that he can go for studies in India and continue the adjustment of status.
Hello,
If your son has a AP then he can go study in India so long as he comes back every year and renews his AP. If he continues to do this his status will not be considered abandoned.
franklin
02-13 01:45 AM
Do not evade the question, is it okay to limit the number of gold medals per country to 7% of all? Talk about athletics or swimming, not soccer. Do you believe there are "too many" swimmers from Australia or the USA in every Olympics? It just does not seem right... the quota system kills competitive spirit.
Ethnicity has nothing to do with skill level. Consider this also, if no other countries come close to the 7% limit, but India and China are maxed out. Guess who loses just because of an arbitrary limit? Guess where those unused greencards go?
They go to a pile of greencards, left unused and wasted. Wash, rinse, repeat the same cycle year on year. June 07 will be a looooooong way away (if you are from a severely retrogressed country), don't kid yourself.
btw... i was agreeing with abhijitp.
Ethnicity has nothing to do with skill level. Consider this also, if no other countries come close to the 7% limit, but India and China are maxed out. Guess who loses just because of an arbitrary limit? Guess where those unused greencards go?
They go to a pile of greencards, left unused and wasted. Wash, rinse, repeat the same cycle year on year. June 07 will be a looooooong way away (if you are from a severely retrogressed country), don't kid yourself.
btw... i was agreeing with abhijitp.
sbabunle
08-03 03:22 PM
Here is the link
http://www.murthy.com/news/n_elisub.html
on more abt substitution
http://www.murthy.com/news/n_elisub.html
on more abt substitution
