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  • snathan
    04-19 11:12 AM
    but please do let us know once you talk to a lawyer and get it evaluated.

    thanks
    Sheila

    Hi Sheila,

    Do you have any website ?




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  • desi3933
    01-22 08:12 AM
    ......
    A challenge by H1B employers may be required ....


    That is correct. Since H1-B petition is filed by employer, it can only be legally challenged by the employer only. Employee is beneficiary and therefore has very limited legal rights to challenge even if petition is denied.

    Now, consider this hypothetical example, on practical note, if an employer files a legal suit, the employer must be able to defend his H1-B obligations for all its employees. That includes paying H1-B wages on "bench", H1-B worker working on sites specified by LCA, reporting to USCIS when H1-B worker resigns or is fired. This could be problematic for many small-time job-shops (aka body-shoppers).


    ________________
    Not a legal advice.




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  • shahuja
    02-06 09:01 PM
    hello EVERYBODY..need help..

    this is the email came from my lawyer today..for the inquiry they did with the consulate regarding my visa.

    Hi Shweta,

    We understand how frustrating this is for you. We received a response to our inquiry with the consulate. It seems the application is being kept pending for additional administrative processing. The stated reason for the review falls within the law under Section 221(g) of the Immigration and Nationality Act. Under these circumstances, we typically see that the government issues a notice to the applicant wherein additional information is often requested. Kindly advise if you have received any notification from the consulate on this issue.

    Best regards,


    IS ADMIN PROC DIFFERENT FROM ADD ADMIN PROC ???

    also the same day i called DOS and they told me case was approved already in jan..so that means that now more processing needs to be done ??

    ADVICE ??




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  • needhelp!
    11-14 06:53 PM
    Please don't use the thread for just -- discussions sans actions .

    Do take some actions - Have you contacted and posted your Comments to WWJ yet?



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  • mpadapa
    09-17 02:09 PM
    Looks like all they had for lunch was a six pack:D:D All they are discussing is about six pack..




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  • chanduv23
    06-07 11:10 AM
    borgho - Your first point about big companies not cooperating in this is a very true and important point.

    Yes, only some progressive companies with progressive thoughts will actually do something. As such, only progressive politicians will do something about.

    Rest, they don't care. If they get someone (Citizen, H1b, L1, b1) anything they will get their work done. In big companies the issue is with heirarchy. You superior would love to do something for you because you work hard and get him good name but then managements are not like that. They are selfish. They would like to cut costs and if possible they would love to see your job going overseas ASAP after keeping you as contractor tillwork gets done. These companies will never change. Never rely on such companies.

    Mid sized companies with energetic entreprenuers who have progressive ideas and thoughts would actualy fit our cause. They see you as an integral part of the organization and would like to help.

    About DL: it is crazy. I made 5 visits to DMV CT to get my out of State DL renewed.

    These things must be changed.



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  • prout02
    09-15 05:18 PM
    Can I get link for New POJ method of reaching Nebraska IO.

    Anyone Please ?

    800-375-5283

    POJ method for Nebraska

    To continue in english press 1
    To check the status of an application press 2
    If you know your receipt number press 1
    If your receipt number starts with SRC/WAC press 1
    The receipt number you entered... if this is correct press 1
    Information you heard is most up to date... report a problem with your case press 3
    File several companion cases at the same time and got separated press 4




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  • imh1b
    01-10 12:05 PM
    I just called Bikareri Baba and asked him about 'Feb VB is out !!!' thread. He said that the thread will die in a week. It will resurrect as 'March VB is out !!!' thread after a month with a life span of 1 week.



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  • arupkumarsaha
    01-31 10:59 AM
    If this law does not apply to existing labors, we will still be in the same situation. BTW, what is a desi company. How come it can sell labors? Is selling labor legal?

    What plannet r u from that u donno abt desi companies and LC sell ? myself a human from earth :-)
    desi companies r indian companies and they sell LC openly , Eb2 pre approved labor has a rate approx 20k USD .

    desi companies sell H1b also , u pay money and they will get it for u , see sulekha.com for example .




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  • gk_2000
    04-22 07:54 PM
    Ok. But how does this apply to immigration?

    On the page you quote, below is what I see -

    The Civil Rights Division of the Department of Justice enforces federal laws that prohibit discrimination in:

    Education
    Employment
    Housing
    Lending
    Public Accommodations
    Law Enforcement / Police Misconduct
    Voting

    The "per-country limit" is definitely unfair within the realm of employment-based immigration due to the outdated and irrelevant law which needs reform. However skewing this to make it a civil rights issue is pushing it a bit too much.

    So coming back to Immigration (which is what, I believe, we are discussing), below is what I came across on congress.gov.

    The Supreme Court has ruled that the Congressional power to regulate naturalization, from Article 1, Section 8, includes the power to regulate immigration (see, for example, Hampton v. Mow Sun Wong, 426 U.S. 88 [1976]

    In other words, the Constitution does not specifically mention immigration but based on the above, delegates power to the Congress to pass laws to regulate immigration. This Article of the Constitution also clarifies the part about rules for immigrants and quotas being set at the Federal level and not State level.

    The above is a fact, not my opinion. Therefore, No - I do not agree that your reasoning has any direct parallel to our case since the correct approach and reasoning involves challenging a Supreme Court Ruling on Article 1 of the Constitution, which you would agree is next to impossible.

    There are far too many points here to address at one go. Let me touch upon this for starters:

    The Article 1, Section 8 has this clause, regarding the power of congress:

    Clause 4: To establish an uniform Rule of Naturalization

    Are we disputing the fact that congress has the power to establish a uniform rule of naturalization?
    No. We are not. We are just saying, that the current Rule of Naturalization is in violation of the discrimination clause in the constitution, and ought to be disregarded. We are not asking to strip congress of this power, so this argument you make is not relevant. Agreed?


    More later ..



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  • lotsofspace
    02-26 05:28 PM
    Niether many has tried this option (entering on AP and filing H1B transfer to different employer other than GC sponsers) nor USCIS has strong history of approving/dealing with these type of cases. After entering in AP, though one can very well contine the H1B with the same employer to whom any one work on H1B before leaving US. There is a memo for this type of situation. However, there is no specific memo to address this situation (Transfer). It is all depends on the individual adjucidator's logic. If they see your latest I-94 with parolee stamp, then they may deny (or issue a RFE )the H1B transfer, by the applying the the logic of one must be in the smae status to seek extension. If the deny/issue RFE, you can not counter act as there is no secific memo or policy by USCIS in this case.

    Can you please provide a link to this memo ? My attorney said, if I want to continue on H1 after reentry, I must get H1 stamped and enter in H status. If I use AP for reentry, I should change to EAD at work. This memo will help.

    I know there is a memo about continuing on H1B after filing I485 (dual intent) in the context of AC21 , but I am not aware about one that deals with entering with AP and continuing on H1.

    Most of the answers above talk about transferring/extending the H1 after the reentry to get a new I94. How about if you want to continue with the same employer and you already have H1 valid until 2011 ? Do you still apply for H1 extension ? If so what basis ?

    Do they enter a validity date on I94 when we enter using AP ? If so what date would that be ?
    What is the significance of this date on I94 when one wants to use EAD and never goes back to H1 ?




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  • MY_GC_DREAMS
    02-13 05:26 PM
    As mentioned In Logiclifes first post in this forum,
    Organizations who have Millions of dollar In budget for pushing and lobbying their Issues failed also for whatever reason ( He did not mention reasons ).
    Does that mean that having a fat budget does not Impact the outcome ?
    What It proves Is Its really the Politics, election, People's focus on the Issue which matters and NOT the lobbying with big fat budget.
    And If its the case then our issue will be taken care of on its own merit when all above factors are in our favour, regardless of lobbying.

    Just a thought, I hope I am not upsetting the general trend of praising efforts.



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  • fasterthanlight�
    05-31 12:20 AM
    ya....you're pretty lame. Hahaha, well why not make a carbon fiber ipod, instead of a plain ol' black one......?




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  • add78
    04-27 02:06 PM
    Please stop H1 Vs L1 discussion and do not support those who aim to divide this community on various visa types, categories, nationalities etc. Any further attempts by any member in this direction will result in ban. We would appreciate if you read the bill posted by IV and provide some analysis on its content on this thread.

    Pappu,

    I went through the text of the new bill vis-a-vis current INA and compared the old and the proposed act. Here are the findings -

    Section 101 - This spells disaster for all H1Bs in consulting companies (as FT or C2C) -

    by striking clause (ii) of sub-paragraph (E) of the section 212(n)(1), and then adding the new clauses under (F), they are PROHIBITING placement of H1B employees on another employer's site, period. This will affect NOT ONLY pure staffing (desi or non-desi) companies who place their W-2 H1B employees at client site, BUT ALSO big consulting companies like IBM/ACCENTURE/DELOITTE et al. No placement/leasing/outsourcing/contracting for services or otherwise at another employer, period - UNLESS a waiver is obtained, which will mean every company will need to obtain a waiver in order to do so, EFFECTIVELY ENDING ANY CONSULTING BY H1B.

    Section 102 - This spells disaster for all companies who's H1B+L1 > 50% total employees

    by inserting two new clauses (H) and (I) in section 212(n)(1), it prohibits H1B only or H1B preferred advertisements and prevents any company that employees more than 50 employees to submit NEW H1B/L1 application IF the total number of H1B and L1 employees exceeds 50% of its total employees. It also requires ANY company employing even a single H1B employee to submit W-2s of IRS. This affects ALL Indian IT companies like TCS/WIPRO/INFOSYS/COGNIZANT et al.

    remaining sections (103 onwards) are more about enforcement and investigations.

    Section 201 - This spells disaster for companies that bring in workers on L visas

    This also affects ALL Indian IT companies like TCS/WIPRO/INFOSYS/COGNIZANT et al. AS WELL AS some other companies that might bring in workers from their home country.

    IN SUMMARY -

    In the SHORT RUN, this hurts outsourcing industry, as they need more time, and H1B/L1 resources on site to transition the work offshore, but I agree that in the LONG RUN, it will GREATLY BENEFIT AND INCREASE OUTSOURCING.

    That will indeed be a sad day. Grassley and Durbin are trying to cut the branch they are sitting on. :) This will have the exact opposite of their desired effect.

    Hope this helps.



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  • Lasantha
    09-25 03:44 PM
    The first one on the list. I assumed MRN stood for Moron. (The most of the other encouraging ones were not there when I made that post). Maybe abusive was too strong a word to describe that remark.
    But I appreciate your response and restoring my faith in IV !!!

    Thank you Lasantha for bringing up the issue of abusive remarks. We take this matter very seriously and we do our best to disclose the information of the member who leaves abusive remark. Since you posted about abusive remark, we looked at the remarks posted for you. Here are the remarks left for you in last 1 month. We are not sure which of these remarks are abusive. Kindly excuse us as I personally do not know the meaning of abbreviations MRN or pos. But your help in pointing to the abusive remark will be very helpful.



    Lasantha 10:31, 25th Sep 2008 -152 Simple. Though I had PD 3 years earlier than you I am still waiting for my GC and I am pretty sure it will take more than 2 yrs. Just becuase ur ROW u dont deserve an early GC. Grow up MRN.
    Lasantha 11:25, 25th Sep 2008 50
    Lasantha 14:58, 25th Sep 2008 -46 you are row pos
    Lasantha 15:04, 25th Sep 2008 188 ignore the reds
    Lasantha 15:06, 25th Sep 2008 37
    Lasantha 15:06, 25th Sep 2008 223 I strongly agree with your views, I appreciate your posts, you always post sensible messages. Here is my green to undo the red
    Lasantha 16:11, 25th Sep 2008 0 As you do not care take one more.




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  • bigboy007
    07-18 04:46 PM
    Are we looking to get the packages back?
    I hope you understood the post and meaning of this thread :

    1. This thread i believe is aiming at one point tracking july filers also making sure if any INFO that NONE were rejected.

    None of us are expecting to get rejected but making sure what ever info we have we are sharing. PERIOD.



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  • alisa
    02-13 07:30 PM
    A lot of people, including me have lost faith in IV. They are not going to pay. We don't know what IV is working on


    I believe the core group has made efforts to let us know what they are working on. Obviously, we shouldn't expect them to give us a daily update. That would be quite stupid.


    and we don't believe it can do anything. The sooner IV accepts it, the better. I have seen this personally in talking to people and you can see the evidence with less than 300 people contributing. IV needs to produce results first.


    I think this has also been addressed here in different threads. IV cannot, just by itself, get congress to pass pro-immigration laws. However, it can influence the senate/congress to add pro-EB provisions to pro-immigration laws.

    If you think that with 8000 members, and 300 contributing members, you can have the congress/senate pass pro-EB laws, you are grossly mistaken.


    IV needs to figure out other ways to generate cash if it thinks that would help. One way would be advertising on the site. I think IV has built this website well and it is an asset it needs to use NOW. I believe IV can charge up to $10,000 a day for advertising on the website. That would be $300,000/month or $3.6 million a year. Even $3000/day would result in over $1 million. That should not be very difficult to do.

    Great idea.
    Except, nobody is going to pay 10K/day to advertise on this site.
    For a group that can't generate more than 4k-5k per month (200 contributions times 20) for something that it desperately needs, it would be an absolute travesty of common-sense for a business, to invest 300K per month in advertising to such a group.

    Keep in mind the following two equations.
    Membership+funding+lobbying+patience = Chance of success
    Sitting on our butts = Guaranteed failure

    BTW, I would also like to point out the antiwar website again.
    They are doing a funding drive.

    On day 1 of their funding drive, 117 people gave a total of 5312 dollars.
    Their goal is 70K for this quarter. And they hope to raise that money in one week. After this week, they will again ask for funding in the next quarter.
    Obviously they have a HUGE membership compared to IV. But that just underscores the need for increasing membership.




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  • Raju
    04-07 12:17 PM
    If IV can do this much now, imagine how much they can do with more contributions and support. Please contribute as much as you can and ask your friends to register and contribute.

    I am going to send another contribution today and urge my friends to do the same




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  • hopefulgc
    03-13 12:48 PM
    BharatPremi... think u might be mistaken ...

    I have to agree with sunny1000. The consulate page says this in clear text.

    "The following numbers are derived from the Department of State's Visa Bulletin."



    That is exactly I was thinking. My first confusion was why the hell people want to check CP dates and create the false thread but then I realize they must not be around/ in the process to realize that CP dates != AOS dates. Some times CP ones equals but not always. Let's hope those equals to AOS dats this time.




    arsh007
    02-01 11:48 AM
    Looks like there is now an increasing awareness of how Desi Consulting companies are bringing in a bad name to the entire desi population in this country.

    Found this email from Google H-1B Group: from
    infoprovider_ 2 at yahoo dot com.

    Hi,
    I would like to inform you about the large scale fraud going in the
    technology world today in USA. I know of many small-mid sized IT
    consultancies in US, which are founded by Indians. They recruit people
    (1) with degrees from various fields, most of the candidates recruited
    don't ever have any experience in computers. They train them in some
    tools (2) and change the resume totally (3), someone who has knowledge
    relevant to the job takes the interview instead of the actual candidate
    and they get placed. Ironically, even though these jobs advertisements
    say that around 5 years of experience is required, usually someone with
    not so high aptitude and limited trainig in that parituclar tool (2)
    can manage to sustain in that position, this is very real, these jobs
    can be done that way. They manage to get jobs in the biggest of US
    companies (4).


    This consultancy fraud is know to almost every Indian working in the
    technology sector. The consultancies almost don't take any one other
    than from India and surronding countires like Bangladesh, Srilanka. 99%
    of those i have seen are from India and the remaining 1% from
    Bangladesh, Srilanka etc.

    How many are doing this?
    I believe there would be atleast a few thousands of consultancies.
    Wanna find them? SOme of them advertise in Indian content sites such as
    sulekha.com. Look at the right hand side of the page
    classifieds. sulekha.com

    Who is loosing due to this.
    If this jobs can be done by someone with no experience in that
    technology, can't these be done by those americans who have a better
    experience (say 2 years or even 1 year), these folks work sincerely and
    go with correct resumes get X dollars where as the fraudsters get 3X -
    5X dollars.

    I don't say that every one from India are doing this. But a significant
    many are doing this. I know around 30 people working in US in
    technology sector. Over 20 are working this way. I can confidently say
    hundreds of thousands are doing this today and each year at least 50000
    (from student pool, dependents pool, directly coming to the
    consultancies as H1b workers from India) are joining them. Also, I am
    talking about the small to mid sized (1- 1000 people) consultancies not
    the big Indian consultancies such as Infosys and TCS.

    Solution:
    A lot of things can be done. But the simple thing that's easy to
    implement by the americans and thus not impede their productivity by
    spending too much resources in verifying the authenticity is this
    Let the INS provide the details of the H1b holders to the companies
    when asked by the companies only (this is similar to letting others
    e.g., housing provider, know about one's credit history). So, with the
    applicants SSN the companies can see the basic information like when
    the applicant has got his H1b approved and the resume submitted by the
    applicant with his H1b application (usually not many applicants give a
    very wrong resume to the INS while applying for the H1b). This
    eliminates almost all the cases of fraudsters (since they can't come to
    US today, one or two years ago and say that I have been working here
    for 5 years). This is one simple solution, easy to implement.
    There are many othere solutions



    (1) Whom do they usually recruit

    Thousands of students come from India every year to pursue Masters
    degree. They come to pursue Master's in various fields, the fields in
    which they have done their bachelor's back in India. Only about a
    quarter of them manage to get jobs in the fields in which they have
    done their Master's as direct employees of the companies. The remaining
    join these consultancies as they can easily get jobs through the
    consultancies.

    Dependents, mostly those who come as spouses (coming as wives). They
    might have done some bachelors degree or Masters back in India in some
    field. Many of them not in computers. They don't have any experience
    there. They can easily be placed by the consultancies.

    SOme others pay these consultancies for sponsoring H1b visa. Typically
    the consultancies take the fee required for teh application and the
    lawyer fee (usually USD 2500-USD3000) . SOme of these cases are those
    with experience in IT in India. But significant number of the remaining
    are not experienced. Recently I have seen people who have been to other
    countries for their studies like Australia and Europe coming through
    the consultancies this way. Even most of these guys have no experience
    in IT, most experience in no field.



    (2) Which technologies they work in
    I have seen that the technologies they work in are in which the pay
    rates are high (because of lack of skillful people) like SAP,
    DataWarehousing tools. They also work in other fields like Testing etc.
    There are literally hundreds of thousands of jobs in these fields.

    (3) How much is the resume changed
    They change the resume totally. Every resume says the person has worked
    in US for over 4 years, doesn't matter if it is someone who came for
    masters to US an year or two years ago or someone who very recently
    came as a wife to someone.
    All most everyone's resumes have over 5 years experience where as in
    reality almost everyone don't have that much experience. If someone has
    that much experience they wouldn't go through these consultants who
    take a big fraction of the pay they get from the clients.

    Can't it be detected?
    No, in most cases its hard (expensive) for the recruiters (the clients)
    to find the authenticity of the resumes submitted. There is no proof
    that these resumes are authentic. Just in case some references are
    needed the consultancies give a dummy reference, and some phone number
    (they can ask some contacts, their acquiantainces working in some
    companies to take the call,if at all they feel that the client will
    find out from the phone number which company does this phone number
    belongs to, but most of the client companies don't go that far too, so
    a guy's mobile number who is working in the consultancy itself can be
    given as referencees contact number). It is hard to remember the voice
    by the interviewer after a few days of the intrview and usually these
    candidates join at least after a week after taking the interview (even
    if the candidate joins in 3 days, its hard to remember the voice as the
    interviewer usually interacts with many people (particularly they being
    in team lead or managerial positions)



    (4) I personally know people working in Microsoft, IBM, TEK systems,
    Cingular, Amazon, Accenture, Citigroup etc. This says such people are
    working in almost every technology company in USA
    So then, how is an American, like me, who spent tens of thousands of
    dollars to get thru 3 yrs. in a technical school that ended with a
    Bachelor degree in Science with Computer Information Systems, with
    honors, supposed to get a job in the IT community while these
    fraudulent (most likely illegal alien Indians) take the positions away
    from me? I worked my a$$ off studying hard, working hard, worked at
    the school, even took an extra course study in computer hardware
    configurations, and STILL, these IT companies DON'T want to even speak
    to me because they OUTSOURCE from these FRAUDS! How FAIR is
    that???!!!




    prashantc
    01-29 12:02 PM
    It took 7 working days last december for my passport to come back.
    Good for you desiJ.. I think this PIMS system has been implemented very recently.



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