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ash0210
03-09 01:45 PM
I asked one of my friend (who is from retrogresed country) whether he is aware of IV, a group of "like-minded" members working on immigration retrogression related relief?
He quipped me back saying that he is aware of IV and IV is NOT "like-minded" group but "Money-minded" group of people, keeping on asking money all the time....Definately, its sending wrong signal...
He quipped me back saying that he is aware of IV and IV is NOT "like-minded" group but "Money-minded" group of people, keeping on asking money all the time....Definately, its sending wrong signal...
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gc28262
01-22 07:19 AM
MurthyDotCom : MurthyBulletin (http://www.murthy.com/bulletin.html)
Conclusion
�MurthyDotCom
Employers whose business model may be viewed by the USCIS as within the third-party placement are likely to face RFEs in their H1B petitions. Such employers need to review the factors set forth in the memo as indicators of control, and anticipate the need to prove control over their employees or modify their practice to incorporate the factors to establish a direct employer-employee relationship. This memo is significant to the IT consulting industry, and could disrupt many other business sectors. Absent this source of workers, the end clients would be forced to change their business models with regard to how they meet their short- and mid-term IT needs. The impact would not be limited to IT consulting companies, but would also be felt by their clients, which include many of the largest U.S. companies and even the U.S. federal government.
�MurthyDotCom
The Murthy Law Firm recently has responded successfully to RFEs on the employer-employee issue. To the extent appropriate, we will utilize the new memo and USCIS update as additional guidance on acceptable evidence in such matters. The memo appears to change prior, established practice and law. It is inconsistent with other federal statutes in defining the terms "employer" and "employee." A challenge by H1B employers may be required, unless the USCIS reconsiders or modifies its position. We at the Murthy Law Firm remain available to assist our clients in connection with H1B cases, including issues that will arise as the result of this memo.
�MurthyDot
Conclusion
�MurthyDotCom
Employers whose business model may be viewed by the USCIS as within the third-party placement are likely to face RFEs in their H1B petitions. Such employers need to review the factors set forth in the memo as indicators of control, and anticipate the need to prove control over their employees or modify their practice to incorporate the factors to establish a direct employer-employee relationship. This memo is significant to the IT consulting industry, and could disrupt many other business sectors. Absent this source of workers, the end clients would be forced to change their business models with regard to how they meet their short- and mid-term IT needs. The impact would not be limited to IT consulting companies, but would also be felt by their clients, which include many of the largest U.S. companies and even the U.S. federal government.
�MurthyDotCom
The Murthy Law Firm recently has responded successfully to RFEs on the employer-employee issue. To the extent appropriate, we will utilize the new memo and USCIS update as additional guidance on acceptable evidence in such matters. The memo appears to change prior, established practice and law. It is inconsistent with other federal statutes in defining the terms "employer" and "employee." A challenge by H1B employers may be required, unless the USCIS reconsiders or modifies its position. We at the Murthy Law Firm remain available to assist our clients in connection with H1B cases, including issues that will arise as the result of this memo.
�MurthyDot
marlon2006
06-09 03:45 PM
I agree with most of things you said. By the way, I called the office of the Honorable Attorney General Alberto Gonzales today. I sent e-mail messages as well. Obviously I don't even ask about fixes since he is not supposed to have that power. However, I requested a timeline on when the EB3 I-485 cut-off dates are supposed to move ahead. That is something he does have power to do.
Regarding your conclusion on our local IT professionals, I am not sure if that's always the case. I hope you are right.
Marlon2006,
I agree that it is very important to clear what is "rihgt", "privilege" and "symphaty". I tried to do that several times before and in order to avoid any misunderstanding have quoted below a part of one of my messages. Please read it carefully.
"I do believe that I HAVE THE RIGHT to get my LCA adjudicated in 2-3 months time (OK, make it 6 months, having in mind you are dealing with an inefficient administration).
I do believe that I HAVE THE RIGHT to know in short term (2-3 months, not 3-4 years !) if I am eligible for permanent residency.
I do believe that I HAVE THE RIGHT to know how long (if approved) will take the I-485 process.
These are clear, simple questions that require clear, simple answers. Getting these answers (NO is also an answer) in a reasonable period of time is a right, not a privilege..."
Americans have the right to determine how many immigrants they need and how to handle this issue. But we have the right to follow clear and simple rules for that process. It seems to me that the way they currently handle the H1 immigrants has a lot to do with the "Las Vegas" type of business (gambling) - shall I get my LC approved, when will I get the LC approved, shall I get a GC, when can I get the GC etc. The rules change permanently and half a million hard working people are in limbo for a decade and more. That is not fair and this is what you have to explain to the Americans.
And, btw, if the local IT "professionals" you were debating with were so great, they would not be unemployed...
Regarding your conclusion on our local IT professionals, I am not sure if that's always the case. I hope you are right.
Marlon2006,
I agree that it is very important to clear what is "rihgt", "privilege" and "symphaty". I tried to do that several times before and in order to avoid any misunderstanding have quoted below a part of one of my messages. Please read it carefully.
"I do believe that I HAVE THE RIGHT to get my LCA adjudicated in 2-3 months time (OK, make it 6 months, having in mind you are dealing with an inefficient administration).
I do believe that I HAVE THE RIGHT to know in short term (2-3 months, not 3-4 years !) if I am eligible for permanent residency.
I do believe that I HAVE THE RIGHT to know how long (if approved) will take the I-485 process.
These are clear, simple questions that require clear, simple answers. Getting these answers (NO is also an answer) in a reasonable period of time is a right, not a privilege..."
Americans have the right to determine how many immigrants they need and how to handle this issue. But we have the right to follow clear and simple rules for that process. It seems to me that the way they currently handle the H1 immigrants has a lot to do with the "Las Vegas" type of business (gambling) - shall I get my LC approved, when will I get the LC approved, shall I get a GC, when can I get the GC etc. The rules change permanently and half a million hard working people are in limbo for a decade and more. That is not fair and this is what you have to explain to the Americans.
And, btw, if the local IT "professionals" you were debating with were so great, they would not be unemployed...
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intrudah
06-19 10:04 PM
http://revolutionz.net/ipod1wv.gif
asian style
result of drugs and a plan gone wrong :gm:
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result of drugs and a plan gone wrong :gm:
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arsh007
02-01 06:19 PM
I have worked for some of the big Indian IT companies including HCL Technologies and Satyam and can tell you all that these companies are the most screwed up companies in terms of bringing in H1 and L1s from India and paying them peanuts for salaries. For example Satyam and TCS here in St Louis have a large outsourcing deal with Citigroup. There are about 50-60 Satyam Engineers here on H1 and L1 visas being paid around $45,000 per month+Benefits which is just about the Labor prevailing wage in this area.
Talk about rotten Desi companies and even the bigger players are not far behind in trying to suppress wages for Engineers and bending rules in lots of instances to bring in a flood of L1s/H1s from India to work on onsite projects.
Talk about rotten Desi companies and even the bigger players are not far behind in trying to suppress wages for Engineers and bending rules in lots of instances to bring in a flood of L1s/H1s from India to work on onsite projects.
vdlrao
04-16 11:14 PM
what makes you say so ?
its not only for IT professionals with Eng Degree
Pheonix is one of the best available uni for long distance learning.
Dont know what do you mean, as long as application is legal, confirming to law, it is as good as any other EB2 application.
Please dont pass judgements and refrain from spreading wrong information as factual statments. only suggestions should be welcome.
If USCIS is approving H1B/L1 applications, for any Software job, with a B.Com or B.A degree, then defenitely, it's a high time for it to change the rules for the H1B educational qualifications. I don't mind to port to EB1, if its accepting online degress, by getting a Ph.d deegree from a tri valley online university :D.
.
its not only for IT professionals with Eng Degree
Pheonix is one of the best available uni for long distance learning.
Dont know what do you mean, as long as application is legal, confirming to law, it is as good as any other EB2 application.
Please dont pass judgements and refrain from spreading wrong information as factual statments. only suggestions should be welcome.
If USCIS is approving H1B/L1 applications, for any Software job, with a B.Com or B.A degree, then defenitely, it's a high time for it to change the rules for the H1B educational qualifications. I don't mind to port to EB1, if its accepting online degress, by getting a Ph.d deegree from a tri valley online university :D.
.
more...
abd
04-07 01:36 PM
I am settng up tea stall at Asian Festival(just for fun) , i will give all my profit to IV. Approx. 20,000 people visit the festival so i should be able to make atleast $200-300 profit with my tea stall.
Also, i am sending my $100 contibution by money order
Also, i am sending my $100 contibution by money order
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srikondoji
11-15 02:05 PM
People will find list of US companies supporting SKILL bill and also trash talk from many citizens. Hope you will enjoy it. Do read the comments, that is where the fun is.
http://www.steinreport.com/archives/009781.html
http://www.steinreport.com/archives/009781.html
more...
diptam
07-11 01:18 PM
If they keep the ON HOLD status for more than 45 days... That event is again a potential lawsuit material.... Because they are changing a Long standing practice which requires lawmaking ( ref: Rajiv Khanna's quote)
Regd AILA lawsuit i believe they are deliberately delaying so that USCIS change the Bulletin to C on its own ( from the fear of lawsuit). On the other hand USCIS is not doing that because they knows this weakness of AILA and trying to keep things stretching so that when OCT arrives this whole move will get weakened .... As soon as new bulletin with some availability comes out peoples will start losing motivation ...
I strongly believe that AILA and USCIS are cousins with the same last name. I smell something fishy when AILA files a lawsuit against its cousin.
Regd AILA lawsuit i believe they are deliberately delaying so that USCIS change the Bulletin to C on its own ( from the fear of lawsuit). On the other hand USCIS is not doing that because they knows this weakness of AILA and trying to keep things stretching so that when OCT arrives this whole move will get weakened .... As soon as new bulletin with some availability comes out peoples will start losing motivation ...
I strongly believe that AILA and USCIS are cousins with the same last name. I smell something fishy when AILA files a lawsuit against its cousin.
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Pineapple
02-02 09:59 AM
Any talk of "comprehensive bill" give me a sinking feeling..
Sink
...
..
Sink
.
(blub.. blub)
The SKIL Bill is a proposed piece of legislation that would increase the
number of H-1Bs and green cards. It is included in the comprehensive
immigration bill Congress is likely to consider this spring and will
hopefully pass in the fall.
Sink
...
..
Sink
.
(blub.. blub)
The SKIL Bill is a proposed piece of legislation that would increase the
number of H-1Bs and green cards. It is included in the comprehensive
immigration bill Congress is likely to consider this spring and will
hopefully pass in the fall.
more...
maheshmail
07-30 04:26 PM
Many sites. What kind of alerts are you looking for? Vols? Greeks? You can also customize most of the alerts depending on spreads you might be trading. This is possible even in simple option accounts with Level 4 approval.
I have level 3 (spread) approval from TD. I am looking to get trade signals like Zacks for Options.
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Rajeev
01-31 10:31 AM
The questions are at number 11 and 23 in the list. I have asked my wife to vote too. Will ask all my friends to vote.
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breddy2000
07-19 10:17 AM
mine 2 - rwilliams at 7:55
It was signed by R. Williams for me.Delivered on July 12th at 9:35am
Also there is a 4 digit reference : Case #xxxx on the shipment signature copy . Do you have that? Is it anything to do with our 485 or is it just the FEDEX reference number?
Thanks
It was signed by R. Williams for me.Delivered on July 12th at 9:35am
Also there is a 4 digit reference : Case #xxxx on the shipment signature copy . Do you have that? Is it anything to do with our 485 or is it just the FEDEX reference number?
Thanks
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DesiGuy
09-17 11:43 AM
Rep Smith is speaking...still seems 6020.
more...
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kc_p21
12-11 08:42 AM
Bump!!
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senthil1
03-10 08:09 PM
Eb2 will be always better positoned as the spill over from Eb1 and other countries happen towards the end of the year. If there is some spillover for Eb3 then waiting time will decrease based on the numbers given.
QUOTE=ashatara78;325297]The next step should be to reply to the senator mentioning that the data is ambiguous and asking for a more clear response. Is it I-140 or I-485, does it include families etc. etc.
Also explain to them that based on these numbers, it will take X years for a person to get a GC and that the system needs reform.
I have worked with a senator's office for a completely different matter and they are very responsive - since you have caught their attention and already have a file open, it will be helpful to respond with a concise letter so that you can get more accurate information.[/QUOTE]
QUOTE=ashatara78;325297]The next step should be to reply to the senator mentioning that the data is ambiguous and asking for a more clear response. Is it I-140 or I-485, does it include families etc. etc.
Also explain to them that based on these numbers, it will take X years for a person to get a GC and that the system needs reform.
I have worked with a senator's office for a completely different matter and they are very responsive - since you have caught their attention and already have a file open, it will be helpful to respond with a concise letter so that you can get more accurate information.[/QUOTE]
more...
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senthil1
05-24 10:42 PM
I am not working in permanent job. I am also in consulting job. I am not supporting the restrictions. I am giving comments. Some comments were not liked by some IV members and they are suspecting that I am anti immigrant from alipac or numbersusa. But I strongly suspect Indian bodyshoppers and consulting companies used big portion of H1bs, and that might be reason for those restrictions. Till 3 months before everything was going well and all of IV provisions were there in the skil bill and strive. But suddenly Durbin bill was introduced and just a few weeks back they sent a notice to Top most Indian companies about H1b. Whatever reply Indian companies give may create more trouble.So something went terriably wrong in past 3 months. Not even one pro legal immigrant amendment in Senate. I am not seeing anyone working seriously except IV. Immigration lawyers are more bothered about point system and family based immigration system.
that you have this marvelous full time job with an american company and are so very holier than thou...
btw i have a job like the one i described above, but preaching does not come naturally to all of us i guess.
i'd like to know if you care a crap about anyone whose life is likely to be severely shaken up by the things you propound here. remember they are simply innocent bystanders, they neither made laws, nor bent them. just tool jobs offered and did their work...
that you have this marvelous full time job with an american company and are so very holier than thou...
btw i have a job like the one i described above, but preaching does not come naturally to all of us i guess.
i'd like to know if you care a crap about anyone whose life is likely to be severely shaken up by the things you propound here. remember they are simply innocent bystanders, they neither made laws, nor bent them. just tool jobs offered and did their work...
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When485
04-01 10:06 PM
Hi Amulchandra
Thanks for your reply. Hopefully its for FP or Pre-adjudication :-)
Thanks for your reply. Hopefully its for FP or Pre-adjudication :-)
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p1234
10-02 11:34 PM
Guys,
Please refrain from fighting on EB3 and EB2 issue. We all know how difficult retrogression has been to every one here. As some one has already said, If interfiling was so easy and every one was fortunate enough to file another Labor/140, EB-2 would have been in 2002 or along with EB-3. AFAIK, Interfiling is some thing the law allows and as long as one does what the system allows and is not gaming the system, its perfectly fine. Don't rub salt on others wounds. Do what you can to improve the system. IMO, the backward movement was a knee jerk reaction to the false demand, shown by USCIS with a huge movement in PD. As you may know, this is purely demand and supply based DOS will move dates forward as soon as they realize that there is not much demand. DOS keeps track of all visa number requests and approvals based on PD's. The problem is DOS just does not know how many applications are pending per country per category to stop the back and forth movement of dates and make the date movement strictly forward. DOS clearly made this a requirement in OCT 08 bulletin and lets see what happens in the next few months. 2nd Q will be key as the over flow will start to trickle based on demand in EB-1+EB-4+EB-5
Your point is taken, no more flames after this.
Please refrain from fighting on EB3 and EB2 issue. We all know how difficult retrogression has been to every one here. As some one has already said, If interfiling was so easy and every one was fortunate enough to file another Labor/140, EB-2 would have been in 2002 or along with EB-3. AFAIK, Interfiling is some thing the law allows and as long as one does what the system allows and is not gaming the system, its perfectly fine. Don't rub salt on others wounds. Do what you can to improve the system. IMO, the backward movement was a knee jerk reaction to the false demand, shown by USCIS with a huge movement in PD. As you may know, this is purely demand and supply based DOS will move dates forward as soon as they realize that there is not much demand. DOS keeps track of all visa number requests and approvals based on PD's. The problem is DOS just does not know how many applications are pending per country per category to stop the back and forth movement of dates and make the date movement strictly forward. DOS clearly made this a requirement in OCT 08 bulletin and lets see what happens in the next few months. 2nd Q will be key as the over flow will start to trickle based on demand in EB-1+EB-4+EB-5
Your point is taken, no more flames after this.
waitnwatch
06-07 02:56 PM
In same vein, driving on road is privillege not a right.
With 'privillege' you have to follow existing rules religiously then if it was a 'right'.
Well if we were to carry your reasoning a little bit further ...being a citizen of a country, any country, is only a privilege and not a right as you have to follow the rules and laws of the country.
The actual difference is in the definition as has been pointed out earlier.....
"right" - is something you can ask for because you think it is reasonably fair
"privilege" - is something you are not entitled to or deserve but nevertheless get because someone condescended to give it to you.
By the above definitions what would would classify getting permanent residence as.... the answer lies in the broader way of how we look at life and live it.
Do we always live in fear and cower in front of real and imagined threats - the GC is then a privilege.
Or do we live an honest life - do the best we can - and stand up for what we think is right or wrong irrespective of whether our lives are directly affected or not. The GC then is a right.
With 'privillege' you have to follow existing rules religiously then if it was a 'right'.
Well if we were to carry your reasoning a little bit further ...being a citizen of a country, any country, is only a privilege and not a right as you have to follow the rules and laws of the country.
The actual difference is in the definition as has been pointed out earlier.....
"right" - is something you can ask for because you think it is reasonably fair
"privilege" - is something you are not entitled to or deserve but nevertheless get because someone condescended to give it to you.
By the above definitions what would would classify getting permanent residence as.... the answer lies in the broader way of how we look at life and live it.
Do we always live in fear and cower in front of real and imagined threats - the GC is then a privilege.
Or do we live an honest life - do the best we can - and stand up for what we think is right or wrong irrespective of whether our lives are directly affected or not. The GC then is a right.
sledge_hammer
01-31 10:54 AM
From what I understand, once the law comes in to affect, labor substitution will no longer be allowed so desi companies can't sell labors anymore. But the 2nd part of the puzzle was that approved labor will only be valid for X number of days (like 45 days as originally proposed) and I am not sure if this impacts the existing labors or not. 45 days expiration may only apply to new labors but no details has emerged yet so we'll have wait and see when the details come out. If it also applies to existing labors then we are home free because after the expiry date, all labors will automatically be canceled. Well, let's wait the for the fine details to come out first.
As for you, it appears that as long as your substitution is approved before the law comes in to effect, there won't be any problem. If not approved by that date then it's kind of fuzzy as to what will happen. If you haven't filed already, just file premium and I am sure you'll have your 140 approved before the law takes effect.
Thanks for the reply.
I am not using substitution labor. I do not condone any one who does it for monetary reasons.
So the rule hasn't taken affect yet huh! I will definitely send my application out in premium processing this week. Just worried that I have passed the 45-day time period :( . Does my I-140 have to be approved before this rule is implemented, or just that my application needs to be filed ?
As for you, it appears that as long as your substitution is approved before the law comes in to effect, there won't be any problem. If not approved by that date then it's kind of fuzzy as to what will happen. If you haven't filed already, just file premium and I am sure you'll have your 140 approved before the law takes effect.
Thanks for the reply.
I am not using substitution labor. I do not condone any one who does it for monetary reasons.
So the rule hasn't taken affect yet huh! I will definitely send my application out in premium processing this week. Just worried that I have passed the 45-day time period :( . Does my I-140 have to be approved before this rule is implemented, or just that my application needs to be filed ?
