ilikekilo
05-04 10:52 AM
Many folks suggest that this BIll (when turns into a law) would promote outsourcing..but how does these set of changes being proposed by Odama's admin. would affect outsourcing??
http://thecaucus.blogs.nytimes.com/2009/05/04/obama-takes-aim-at-offshore-tax-havens/?hp
I know it wont "stop" outsourcing in any way but seems like they claim that they are " taking away the tax advantages of companies shipping jobs overseas"...Iam sure its more complicated than that..
However the kind of tone being set by the incumbent these days, I believe reflects the current administrations policies that might trickle to us(documented workers) as well.. not sure..
However this can be also looked at, the adminstartion si trying to "show" that they are doing whatever they can disccourage companies from sending jobs overseas..and then eventually take a stab at CIR..wishful thinking..:D
http://thecaucus.blogs.nytimes.com/2009/05/04/obama-takes-aim-at-offshore-tax-havens/?hp
I know it wont "stop" outsourcing in any way but seems like they claim that they are " taking away the tax advantages of companies shipping jobs overseas"...Iam sure its more complicated than that..
However the kind of tone being set by the incumbent these days, I believe reflects the current administrations policies that might trickle to us(documented workers) as well.. not sure..
However this can be also looked at, the adminstartion si trying to "show" that they are doing whatever they can disccourage companies from sending jobs overseas..and then eventually take a stab at CIR..wishful thinking..:D
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logiclife
12-15 03:58 PM
Techy wont bother us again. Say TA-TA to techy2468.
Sorry this thread took an ugly turn with techy's profanity and inflammatory comments.
Sorry this thread took an ugly turn with techy's profanity and inflammatory comments.
guyfromsg
12-11 09:33 PM
I went for the visa stamping in chennai consulate on Dec 5th. After a few questions, the officer granted me the visa and said i will receive the passport in a few days. But so far haven't yet received my passport. Does anyone know what is happening? is anyone faced such situation before? I heard about this admin processing and delays in stamping but i thot the officer would usually give out some kind of form to you during the interview if your case goes thru such processing.
The web-site says we can send an e-mail to the consulate regarding any questions for NIV if it's pending more than 5 days. Has anybody done that and what would be the response?
Please respond. i am running short of time as i have to travel back to US soon.
I went for stamping Nov 2006 and mine was also stuck for a week. I don't remember what the rules are now but I just called consulate and talked to some officer (Indian but not VFS). She simply said that they are waiting for security clearance from Washington DC and they won't know when it will clear. I was expecting the worst, may be few months delay but it came after a week. I kept calling during this time. But during that week I was very worried and as a result didn't enjoy the limited vacation :(.
The web-site says we can send an e-mail to the consulate regarding any questions for NIV if it's pending more than 5 days. Has anybody done that and what would be the response?
Please respond. i am running short of time as i have to travel back to US soon.
I went for stamping Nov 2006 and mine was also stuck for a week. I don't remember what the rules are now but I just called consulate and talked to some officer (Indian but not VFS). She simply said that they are waiting for security clearance from Washington DC and they won't know when it will clear. I was expecting the worst, may be few months delay but it came after a week. I kept calling during this time. But during that week I was very worried and as a result didn't enjoy the limited vacation :(.
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kushaljn
09-17 01:52 PM
Cant believe. Another ammendment to HR 6020 from Mr. Smith.
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walking_dude
03-13 03:37 PM
Slave,
It's oxymoronic to hear a self-confessed slave lecture us on 'Freedom'. Real freedom is standing and fighting for ones rights, and not hiding in a cave. How would a slave know?
'Red Dots' are also Free speech. Members who gave you one also used their 'Freedom of Expression' just like you ( did you think all freedoms are reserved for you ?).
FYI, I didn't waste any 'Red dots' on you. IV members are smart. They don't need to be guided by 'Red dots' to recognize an idiot. They smelled one the moment you opened your big trap door.
Yes! on IV you are supposed to say only good things about IV (though IV is "grass-root" non-profit) but no free speech here :confused:
You are only supposed to smell and sense good things about IV and hence write only good ... but god-forbid if you write truth then IV-watchers will try to ruin your "image" by giving RED dots (IV-mileage points) and make you feel bad-guy :rolleyes:
It's oxymoronic to hear a self-confessed slave lecture us on 'Freedom'. Real freedom is standing and fighting for ones rights, and not hiding in a cave. How would a slave know?
'Red Dots' are also Free speech. Members who gave you one also used their 'Freedom of Expression' just like you ( did you think all freedoms are reserved for you ?).
FYI, I didn't waste any 'Red dots' on you. IV members are smart. They don't need to be guided by 'Red dots' to recognize an idiot. They smelled one the moment you opened your big trap door.
Yes! on IV you are supposed to say only good things about IV (though IV is "grass-root" non-profit) but no free speech here :confused:
You are only supposed to smell and sense good things about IV and hence write only good ... but god-forbid if you write truth then IV-watchers will try to ruin your "image" by giving RED dots (IV-mileage points) and make you feel bad-guy :rolleyes:
syedajmal
09-17 04:23 PM
How do I open a SR. Appreciate any help and specifics.
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BharatPremi
03-13 10:00 AM
Are we sure that consular processing dates are mirror of AOS bulletin?
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gk_2000
04-22 05:19 PM
Well per=country limit is part of the iNS law. So its legal.
From an immigration perspective, green card is a privelege extended to "aliens" and it is the prerogative of the law to ensure a formula thats best for the country.
INS family based immigration law was the one that conjured up the per-country limit to prevent folks from one country from flooding in. Unfortunately, this formula made its way into EB immigration and we are stuck with the consequences today.
So if anything, we should bring up the fallacies in per-country limit as far as skill-based immigration is concerned and get the law changed.
A lawsuit isnt the answer to everything. The chinese EB folks learnt that after spending thousands of dollars and few years on their lawsuit, the judgement they got back was that 'the law is being followed'.
And the comment below about the constitution forbiding anything, with respect to immigration law, is pure nonsense.
1. Constitution overrules any law and has the power to render any law invalid. No nonsense here (which means all that you said about INS,INA etc etc is nonsense)
2. The last para is just your OPINION, so I let it pass
3. Pls refer to my answer to Bugs Bunny, and let me know if you can extend the discussion from that point
From an immigration perspective, green card is a privelege extended to "aliens" and it is the prerogative of the law to ensure a formula thats best for the country.
INS family based immigration law was the one that conjured up the per-country limit to prevent folks from one country from flooding in. Unfortunately, this formula made its way into EB immigration and we are stuck with the consequences today.
So if anything, we should bring up the fallacies in per-country limit as far as skill-based immigration is concerned and get the law changed.
A lawsuit isnt the answer to everything. The chinese EB folks learnt that after spending thousands of dollars and few years on their lawsuit, the judgement they got back was that 'the law is being followed'.
And the comment below about the constitution forbiding anything, with respect to immigration law, is pure nonsense.
1. Constitution overrules any law and has the power to render any law invalid. No nonsense here (which means all that you said about INS,INA etc etc is nonsense)
2. The last para is just your OPINION, so I let it pass
3. Pls refer to my answer to Bugs Bunny, and let me know if you can extend the discussion from that point
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pappu
02-06 02:26 PM
Logiclife, I am sorry you are wrong.You don't need to post hour by hour update, but the update you posted today on Aman's meetings , help people to understand what really IV is doing and are necessary atleast once a fortnight.I am sure you are working in a corporate world and drive projects.The first rule on driving a big project is status meetings once every week.This helps all the stakeholders.
Pls attend our 'meetings' in order to get more information on what we are doing. Join your state chapter and actively participate in those 'meetings'. We called for volunteers last week for the media drive and only 12 members out of thousands of members that saw that message responded. We want to encourage members to actively help us rather than wait for update from us. Each one of us can create an update for the community. Meet your lawmakers and update us. A handful of people cannot do much. It is the collective effort of this organization that will help us get success.
Pls attend our 'meetings' in order to get more information on what we are doing. Join your state chapter and actively participate in those 'meetings'. We called for volunteers last week for the media drive and only 12 members out of thousands of members that saw that message responded. We want to encourage members to actively help us rather than wait for update from us. Each one of us can create an update for the community. Meet your lawmakers and update us. A handful of people cannot do much. It is the collective effort of this organization that will help us get success.
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Libra
01-31 10:42 AM
also please send letters to WH and IV.
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jamesbond007
10-08 03:40 PM
The approval notices of the H1B renewals and transfers that I got in the past, the I94 at the bottom had the same number as the one that was given at the port of entry while returning from the last abroad trip made prior to the renewal/transfer.
But in my case, the old I94 had the H1B written on it, as opposed to "parolee" as is your case. So I am interested to also know how your approval turns out.
I haven't received the physical H1B approval notice from my attorney yet so I don't know what's the I-94 # on that one although I doubt it will be the same. AFAIK each I-94 number is unique and different. Anyway, I don't think I-94 number itself matters any, just the fact that you have valid, not expired I-94 is sufficient.
I did not fill the forms for the transfer myself (the attorney did) so I don't know for a fact what he entered in "last manner of entry" but I'm 99.99% sure they must have said "Paroled" as they asked for my I-94 that had "paroled" stamp on it to attach with the petition.
Finally, I did not get any RFE.
But in my case, the old I94 had the H1B written on it, as opposed to "parolee" as is your case. So I am interested to also know how your approval turns out.
I haven't received the physical H1B approval notice from my attorney yet so I don't know what's the I-94 # on that one although I doubt it will be the same. AFAIK each I-94 number is unique and different. Anyway, I don't think I-94 number itself matters any, just the fact that you have valid, not expired I-94 is sufficient.
I did not fill the forms for the transfer myself (the attorney did) so I don't know for a fact what he entered in "last manner of entry" but I'm 99.99% sure they must have said "Paroled" as they asked for my I-94 that had "paroled" stamp on it to attach with the petition.
Finally, I did not get any RFE.
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dpp
11-07 02:12 PM
I don't think H1B is law is that complex, it just says to get some skilled foreigner to work if you have a position (contracter/fultime/parttime or whatever it is) to pay for that. Thats it. So any US employer can apply for H1B by declaring his will pay the wage mentioned in H1B LCA.
H1B law too broad. It didn't filter any. Thats the reason some are abusing it.
To the best of my knowledge (correct me if I am wrong) H-1B can not be applied for contract worker if the visa has to be applied on demand and bench is not allowed.
How will contract wokers come here in the future?
H1B law too broad. It didn't filter any. Thats the reason some are abusing it.
To the best of my knowledge (correct me if I am wrong) H-1B can not be applied for contract worker if the visa has to be applied on demand and bench is not allowed.
How will contract wokers come here in the future?
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starscream
09-17 12:56 PM
Is this a good sign or bad sign for HR 5882? -
She did withdraw! I think we'll go on to the next bill.
She did withdraw! I think we'll go on to the next bill.
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Lasantha
09-25 09:15 AM
Just curious. Why do you claim ROW is receiving preferential treatment over India when all the countries get the same upper limit of the visas. Now if the Indians ask for more visas just because there are more Indians asking for green cards, wouldn't that be preferential treatment? :)
Quota system treats everybody anything but "equal". And this is not just the question of equality, because I am sure you agree that we are equals. It is the question of PREFERENTIAL TREATMENT. You are in the category getting preferential treatment, so you oppose any change, you "create" arguements that you were "promised" a system when you came, and thus any change to the system, before you get your green card would be WRONG and UNFAIR. So you should continue to get that PREFERENTIAL TREATMENT. And PREFERENTIAL TREATMENT to you is NOT WRONG AND UNFAIR. Right?
BTW, hope you liked the You tube video, Frank is really good. I do not want you to go, so that's why I posted the video. Hope it helped you to stick around. Now don't say you have the right to watch it 5 times and I can watch it only once because I am from India and you are ROW :D
Cheers,
Quota system treats everybody anything but "equal". And this is not just the question of equality, because I am sure you agree that we are equals. It is the question of PREFERENTIAL TREATMENT. You are in the category getting preferential treatment, so you oppose any change, you "create" arguements that you were "promised" a system when you came, and thus any change to the system, before you get your green card would be WRONG and UNFAIR. So you should continue to get that PREFERENTIAL TREATMENT. And PREFERENTIAL TREATMENT to you is NOT WRONG AND UNFAIR. Right?
BTW, hope you liked the You tube video, Frank is really good. I do not want you to go, so that's why I posted the video. Hope it helped you to stick around. Now don't say you have the right to watch it 5 times and I can watch it only once because I am from India and you are ROW :D
Cheers,
more...
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bikram_das_in
01-19 02:37 PM
The story of memorandums is like this. If present law does not have provisions for certain things, then the government departments can publish a memorandum to give some kind of legal basis for their actions. Publishing a memorandum itself is enough to conclude that current law does have provision as such.
Usually these kind of memorandums are made against people who are vulnerable and do not have avenues/options to challenge. There were several memorandums made against undocumented workers not long time back. None of them stand the judicial scrutiny when challenged. Example, there was court ruling in many states that police cannot ask people about their immigration status.
The intentions of this memorandum is clear not to give any more H1Bs to small consulting companies.
I do not understand why some people in the forum have so much anger against the small consulting companies? This is just playing into the hands of anti's . Consulting through multiple layers is perfectly legal and a successful business model. No company wants to hire a person for 6 months project. It's been the goal of anti's to make small consulting companies look bad and they have been successful because of us. If this business model is bad, why not make laws to stop this type of business practice? If you ban that type of business, there will be no need for small firms hiring H1Bs.
This memorandum is just a blatant attempt to marginalize already oppressed and unrepresented H1B community. This need to be challenged not only because it's wrong but also because it's part of a systematic plan to marginalize legal EB immigrants.
Usually these kind of memorandums are made against people who are vulnerable and do not have avenues/options to challenge. There were several memorandums made against undocumented workers not long time back. None of them stand the judicial scrutiny when challenged. Example, there was court ruling in many states that police cannot ask people about their immigration status.
The intentions of this memorandum is clear not to give any more H1Bs to small consulting companies.
I do not understand why some people in the forum have so much anger against the small consulting companies? This is just playing into the hands of anti's . Consulting through multiple layers is perfectly legal and a successful business model. No company wants to hire a person for 6 months project. It's been the goal of anti's to make small consulting companies look bad and they have been successful because of us. If this business model is bad, why not make laws to stop this type of business practice? If you ban that type of business, there will be no need for small firms hiring H1Bs.
This memorandum is just a blatant attempt to marginalize already oppressed and unrepresented H1B community. This need to be challenged not only because it's wrong but also because it's part of a systematic plan to marginalize legal EB immigrants.
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dr_vroeg
06-08 12:15 PM
@ben, sorry for the spam....and this spam :crying:
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desi3933
01-28 04:05 PM
....
E-E is the most controversial item in the USCIS memo which also is illegal.
[From the pdf file]
H-1B beneficiary. Under 8 C.F.R. fj 214.2(h)(2)(i)(F), it is possible for an "agent" who will not be the actual "employer" of the H-1B temporary employee to file a petition on behalf of the actual employer and the beneficiary. However, the regulations clearly require H-1B beneficiaries of "agent" petitions to still be employed by "employers," who are required by regulation to have "employer-employee relationships" with respect to these H-1B "employees." See id.; 8 C.F.R. $8 214.2(h)(l) and 214.2(h)(4)(ii) (defining the term "United States employer"). As such, the requirement that a beneficiary have a United States employer applies equally to single petitioning employers as well as multiple non-petitioning employers represented by "agents" under 8 C.F.R. fj 214.2(h)(2)(i)(F). The only difference is that the ultimate, non-petitioning employers of the H-1B employees in these scenarios do not directly file petitions.
Therefore, in considering whether or not one is an "employee" in an "employer-employee relationship" with a "United States employer" for purposes of H-1B nonimmigrant petitions, USCIS will focus on the common-law touchstone of control. Clackamas, 538 U.S. at 450. Factors indicating that a worker is an "employee" of an "employer" are clearly delineated in both the Darden and Clackamas decisions.
503 U.S. at 323-324; see also Restatement (Second) of Agency 5 220(2) (1958). Such indicia of control include when, where, and how a worker performs the job; the continuity of the worker's relationship with the employer; the tax treatment of the worker; the provision of employee benefits; and whether the work performed by the worker is part of the employer's regular business. See Clackamas, 538 U.S. at 448-449; cJ: New Compliance Manual, Equal Employment Opportunity Commission, � 2-III(A)(l), (EEOC 2006) (adopting a materially identical test and indicating that said test was based on the Darden decision); see also Defensor v. Meissner, 201 F.3d 384, 388 (5th Cir. 2000) (determining that hospitals, as the recipients of beneficiaries' services, are the true "employers" of H-1B nurses under 8 C.F.R. � 214.2(h), even though a medical contract service agency is the actual petitioner, because the hospitals ultimately hire, pay, fire, supervise, or otherwise control the work of the beneficiaries).
http://www.uscis.gov/err/D2%20-%20Temporary%20Worker%20in%20a%20Specialty%20Occup ation%20or%20Fashion%20Model%20%28H-1B%29/Decisions_Issued_in_2009/Aug132009_05D2101.pdf
_________________
Not a legal advice.
E-E is the most controversial item in the USCIS memo which also is illegal.
[From the pdf file]
H-1B beneficiary. Under 8 C.F.R. fj 214.2(h)(2)(i)(F), it is possible for an "agent" who will not be the actual "employer" of the H-1B temporary employee to file a petition on behalf of the actual employer and the beneficiary. However, the regulations clearly require H-1B beneficiaries of "agent" petitions to still be employed by "employers," who are required by regulation to have "employer-employee relationships" with respect to these H-1B "employees." See id.; 8 C.F.R. $8 214.2(h)(l) and 214.2(h)(4)(ii) (defining the term "United States employer"). As such, the requirement that a beneficiary have a United States employer applies equally to single petitioning employers as well as multiple non-petitioning employers represented by "agents" under 8 C.F.R. fj 214.2(h)(2)(i)(F). The only difference is that the ultimate, non-petitioning employers of the H-1B employees in these scenarios do not directly file petitions.
Therefore, in considering whether or not one is an "employee" in an "employer-employee relationship" with a "United States employer" for purposes of H-1B nonimmigrant petitions, USCIS will focus on the common-law touchstone of control. Clackamas, 538 U.S. at 450. Factors indicating that a worker is an "employee" of an "employer" are clearly delineated in both the Darden and Clackamas decisions.
503 U.S. at 323-324; see also Restatement (Second) of Agency 5 220(2) (1958). Such indicia of control include when, where, and how a worker performs the job; the continuity of the worker's relationship with the employer; the tax treatment of the worker; the provision of employee benefits; and whether the work performed by the worker is part of the employer's regular business. See Clackamas, 538 U.S. at 448-449; cJ: New Compliance Manual, Equal Employment Opportunity Commission, � 2-III(A)(l), (EEOC 2006) (adopting a materially identical test and indicating that said test was based on the Darden decision); see also Defensor v. Meissner, 201 F.3d 384, 388 (5th Cir. 2000) (determining that hospitals, as the recipients of beneficiaries' services, are the true "employers" of H-1B nurses under 8 C.F.R. � 214.2(h), even though a medical contract service agency is the actual petitioner, because the hospitals ultimately hire, pay, fire, supervise, or otherwise control the work of the beneficiaries).
http://www.uscis.gov/err/D2%20-%20Temporary%20Worker%20in%20a%20Specialty%20Occup ation%20or%20Fashion%20Model%20%28H-1B%29/Decisions_Issued_in_2009/Aug132009_05D2101.pdf
_________________
Not a legal advice.
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sri1309
01-08 10:39 PM
Thank you for posting this action item on other websites
Pappu,
Great job. Can you please make the below item, with better words an action item and have it on the top. I know you have hardwired it, but we want more attention to this. This is same like writing to all those folks who want to hear from us. I have voted in 10-15 questions.
All,
Please do this, register yourself, and search for "immigration". You will see 10-15 questions. Please vote for them. Please pass on the message to your friends. Obama wants to hear from us..
http://change.gov/page/content/openf...17_private_url
Its better not to create the same question again. Please do. This is our chance.. Let us be heard.
Pappu,
Great job. Can you please make the below item, with better words an action item and have it on the top. I know you have hardwired it, but we want more attention to this. This is same like writing to all those folks who want to hear from us. I have voted in 10-15 questions.
All,
Please do this, register yourself, and search for "immigration". You will see 10-15 questions. Please vote for them. Please pass on the message to your friends. Obama wants to hear from us..
http://change.gov/page/content/openf...17_private_url
Its better not to create the same question again. Please do. This is our chance.. Let us be heard.
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sathyaraj
11-06 02:32 PM
Deleted..as per IV moderstars inputs
sundeep14
10-08 04:54 PM
best time to send money to india and keep it in bank there for sometime..u will best conversion rate right now....Rs.46-Rs. 47 for a dollar...also u get atleast 9-10% interest on ur money there...after 8-10 months when the picture about real estate gets clear..we should invest in property in india..
senthil1
02-14 11:21 AM
It is true that ordinary americans does not care about immgration because those who are working in high tech and engg are very less may be less than 20%. So the impacted people are americans those who are aspiring to become High tech employees and those who were laid of from high tech. They want just some kind of protection and preference for their jobs from H1bs. This argument cannot be ruled out completely. Right now some protectons like LCA and Labor certification process,We everyone know those process are just formality and documentation and not implemented really. Why I am telling this is lot of congressmen buying this argument and opposing H1b and gc increase. If these kind of issues are resolved h1b and green card can be increased without much opposition. But IV cannot do anything about the H1b issues or protecting american jobs as it is out of scope. But Corporations and Congress can do that. We knew for jobs in India Indians are given preference so nothing wrong in thinking of American that they should be given preference.
Spot on. i think the anti-immigrants grossly magnify the hue and cry over H1-B abuses. Most americans dont know what H1-B is and nor do they care. The only immigrants they have heard about are the illegal kind. Ordinary americans are mostly indifferent to legal immigration. Politicians care first for their votebanks (present and future) and second for their sources of funding aka corporate lobbies. They are the ones who have the ability to make a difference.
Spot on. i think the anti-immigrants grossly magnify the hue and cry over H1-B abuses. Most americans dont know what H1-B is and nor do they care. The only immigrants they have heard about are the illegal kind. Ordinary americans are mostly indifferent to legal immigration. Politicians care first for their votebanks (present and future) and second for their sources of funding aka corporate lobbies. They are the ones who have the ability to make a difference.
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