looivy
07-13 07:40 PM
One of the qualifying criteria for EB2 is 5 years of experience. Right????
If your I-485 application is stuck since July 2003 or prior, you are automatically EB2 by that rule. Are you not? You have been working for 5 years atleast.
The revised rule should be
EB2 eligibile = Anybody with experience on labor > 5 years (this would not impact current EB2 folks) or whose labor is older than 5 years (this will make EB3 folks happier).
Peace.
If your I-485 application is stuck since July 2003 or prior, you are automatically EB2 by that rule. Are you not? You have been working for 5 years atleast.
The revised rule should be
EB2 eligibile = Anybody with experience on labor > 5 years (this would not impact current EB2 folks) or whose labor is older than 5 years (this will make EB3 folks happier).
Peace.
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axp817
03-25 12:07 PM
UN,
Every point you make about the USCIS exercising extreme scrutiny for consulting/staffing company H-1Bs makes sense to me.
Which probably means that we can expect to see almost zero approvals this year for H-1B applications filed by small consulting companies (I had to add 'small' so as to not include the big 5 types in this group), would you agree?
And I assume the same applies to H-1B renewals as well.
That being said, do you think AC-21 job switches (on EAD) to small(er) consulting companies will also be dealt with the same type of scrutiny (as H-1Bs)?
Thanks,
Every point you make about the USCIS exercising extreme scrutiny for consulting/staffing company H-1Bs makes sense to me.
Which probably means that we can expect to see almost zero approvals this year for H-1B applications filed by small consulting companies (I had to add 'small' so as to not include the big 5 types in this group), would you agree?
And I assume the same applies to H-1B renewals as well.
That being said, do you think AC-21 job switches (on EAD) to small(er) consulting companies will also be dealt with the same type of scrutiny (as H-1Bs)?
Thanks,
xyzgc
12-17 04:24 PM
Now you may go and dig out my previous postings too!
Ah! all these red dots are showered on me by you kinda folks for questioning this type of nonsense!
Bring it on more (red dots) LOL
Want to discuss which airlines to boycott?:D...
There is an IV thread for you!
Ah! all these red dots are showered on me by you kinda folks for questioning this type of nonsense!
Bring it on more (red dots) LOL
Want to discuss which airlines to boycott?:D...
There is an IV thread for you!
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obviously
04-10 12:41 PM
Fighting between EB categories shows how shallow our debates can turn out to be! Rhimzim & all, do the illegals differentiate between meat packers, seamstresses, window cleaners etc.? Why waste time and energy?
more...
setpit_gc
08-05 04:23 PM
Rolling Food,
Don't waste your money and energy. You will fail if you go with this idea.
Try it out if you can.
BTW, I am in the process of porting my PD and category.
Don't waste your money and energy. You will fail if you go with this idea.
Try it out if you can.
BTW, I am in the process of porting my PD and category.
satishku_2000
05-16 10:40 PM
Is this bill in the senate committee or scheduled for voting sometime?
more...
jkays94
05-24 02:31 PM
I don't have the time to go one by one, but one of the arguments about "Zogby poll taken by anti-immigration" groups is at minimum comic. How about other polls posted along the years which show the obvious and logic, which is the American people (not employers of course) support lower immigration numbers ? Anyone surprised by that ?
There are over 50 different instances referencing Lou Dobbs. He misleads and misdirects and he will flip flop when he is caught between a rock and a hard place on his wild claims. CNN by extension is fast establishing itself as an anti-immigrant media house for purposes of ratings, on which is it fast loosing ground. Their latest hire Glenn Beck (http://mediamatters.org/items/200605100005) only shows that promoting such an agenda seems to save CNN's ratings from plunging to the bottom :
MON., MAY 22, 2006 VIEWERS
FNC O'REILLY 2,105,000
FNC HANNITY/COLMES 1,666,000
FNC GRETA 1,494,000
FNC HUME 1,341,000
FNC SHEP SMITH 1,215,000
CNN KING 885,000
CNN DOBBS 702,000
CNN BLITZER 592,000
CNN COOPER 590,000
CNN ZAHN 527,000
CNNHN GRACE 487,000
MSNBC HARDBALL 471,000
MSNBC OLBERMANN 406,000
There are over 50 different instances referencing Lou Dobbs. He misleads and misdirects and he will flip flop when he is caught between a rock and a hard place on his wild claims. CNN by extension is fast establishing itself as an anti-immigrant media house for purposes of ratings, on which is it fast loosing ground. Their latest hire Glenn Beck (http://mediamatters.org/items/200605100005) only shows that promoting such an agenda seems to save CNN's ratings from plunging to the bottom :
MON., MAY 22, 2006 VIEWERS
FNC O'REILLY 2,105,000
FNC HANNITY/COLMES 1,666,000
FNC GRETA 1,494,000
FNC HUME 1,341,000
FNC SHEP SMITH 1,215,000
CNN KING 885,000
CNN DOBBS 702,000
CNN BLITZER 592,000
CNN COOPER 590,000
CNN ZAHN 527,000
CNNHN GRACE 487,000
MSNBC HARDBALL 471,000
MSNBC OLBERMANN 406,000
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baala9
08-06 10:43 AM
Okay lets take your example. A & B are graduates with a Bachelors degree (A is a Mechanical and B is Computer Science). A decides to pursue higher study in Mechanical field and B takes up a Software job. After a year they file for B' EB3 at his work, while A is still at school. A joins a software company (His Masters in Mechanical is worth nothing now). EB2 is filed for A just because he has a Masters, B is also eligible for EB2 by that time. Why can't B get a earlier PD? Atleast B got relevant industry experience. How come A is superior than B?
Also why should EB2's get the spillover visas from EB1? Do they have a Ph.D? Why can't they allocate spillover visas from EB1 equally between EB2 and EB3?
In that case A will be eligible only for a EB3 based on the Job requirement.( Since eligibility is based on the Job requirement and not the person's qualification)
Also why should EB2's get the spillover visas from EB1? Do they have a Ph.D? Why can't they allocate spillover visas from EB1 equally between EB2 and EB3?
In that case A will be eligible only for a EB3 based on the Job requirement.( Since eligibility is based on the Job requirement and not the person's qualification)
more...
snathan
01-11 01:38 PM
First of all, thanks for converting my argument about Europeans and native peoples into Muslims and non-Muslims. Shows us where our respective prejudices and biases lie. I am very happy when my comments on any situation are turned into a broad 'us vs them' thing. It just shows us that our primitive and primal instincts from the time when we split from the apes are still alive and kicking in some people. Its pretty fascinating for me.
Secondly there is a difference between military strikes (retaliatory or otherwise), and acts of massacres. Pretty much the same as there is a difference between military confrontation and ethnic cleansing. If you condone and defend the latter, then you are pretty much defending ethnic cleansing. Striking Hamas targets are military strikes. Holing up a hundred members of an extended family into a house, and then destroying the house is an act of massacre. When we defend acts like the latter one, we defend ethnic cleansing.
http://www.independent.co.uk/news/world/middle-east/massacre-of-a-family-seeking-sanctuary-1297577.html
I don?t agree with your argument. Who is holing up the innocents..? Hamas using the kids and civilians as human shield. I also don?t consider the civilians as innocent there. They are whole heartedly support and elected Hamas -the terror organization. They are the one poisoning the kids with hatred. But I feel very sorry for the kids and the developments are very much disturbing.
The Hamas, Hezbollah, Iran and Syria ? the devil?s club will never achieve their goal ? wipe out ISREAL from the map. ISREAL is IS REAL and this mullahs needs to understand that.
Secondly there is a difference between military strikes (retaliatory or otherwise), and acts of massacres. Pretty much the same as there is a difference between military confrontation and ethnic cleansing. If you condone and defend the latter, then you are pretty much defending ethnic cleansing. Striking Hamas targets are military strikes. Holing up a hundred members of an extended family into a house, and then destroying the house is an act of massacre. When we defend acts like the latter one, we defend ethnic cleansing.
http://www.independent.co.uk/news/world/middle-east/massacre-of-a-family-seeking-sanctuary-1297577.html
I don?t agree with your argument. Who is holing up the innocents..? Hamas using the kids and civilians as human shield. I also don?t consider the civilians as innocent there. They are whole heartedly support and elected Hamas -the terror organization. They are the one poisoning the kids with hatred. But I feel very sorry for the kids and the developments are very much disturbing.
The Hamas, Hezbollah, Iran and Syria ? the devil?s club will never achieve their goal ? wipe out ISREAL from the map. ISREAL is IS REAL and this mullahs needs to understand that.
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Macaca
05-20 06:06 PM
Are Young College Grads Too Lazy to Work? (http://economix.blogs.nytimes.com/2011/05/19/are-young-college-grads-too-lazy-to-work/) By CATHERINE RAMPELL | New York Times
I?ve received a lot of passionate (and angry) e-mails in response to my article (http://www.nytimes.com/2011/05/19/business/economy/19grads.html) today on the employment fate of recent college graduates. While the messages from young people almost uniformly expressed frustration at the job market they?d been thrust into, some of the e-mails from older readers argued that today?s college graduates were having trouble finding jobs because they hadn?t worked hard enough. For example, a reader named Norman Berger asks why graduates wonder why they prove worthless to a potential employer when they follow this approach:
Take ?soft? subjects, be lulled into complacency by grade inflation, have teachers who are tenured and don?t care how rigorously you think, start partying on Wednesdays, take 3-4 courses per semester/quarter and spend 5-6 years to graduate, study six hours per week (at best), believe in all of the liberal causes which produce soft qualative rather than quantative thinking, learn to hate the capitalistic system, don?t care when you get out of school that you?ll still be living at home, etc ?
As we?ve written before, today?s college students do indeed spend less time studying (http://papers.nber.org/papers/w15954), and get higher grades, than their counterparts from a generation ago did. And most young graduates are leaning heavily on their family for financial support. More than one in five are living with their parents or other relatives, and many are getting help from family members for other expenses, as shown in the chart below.
But today?s college students also have spent a lot of time working, well before graduation.
Sixty percent of the graduates of the college classes of 2006 through 2010 said they held a part-time job while enrolled in school, not including jobs held during the summer or between semesters. Another 23 percent said they were working full time or both full and part time during school, according to a new study released by Rutgers.
For 44 percent of students, work or personal savings helped finance their schooling.
?Based on the finding that young people overwhelmingly were working in college, I don?t think this is a generation of slackers,? said Carl Van Horn, a labor economist at Rutgers and co-author of the study. ?This image of the kid who goes off and skis in Colorado, I don?t think that?s the correct image. Today?s young people are very focused on trying to work hard and to get ahead.?
Tuition Skyrockets -- While Learning Plummets (http://www.realclearpolitics.com/articles/2011/05/20/tuition_skyrockets_--_while_learning_plummets_109937.html) By Rich Lowry | New York Post
Where are the jobs? (http://www.washingtonpost.com/wp-srv/special/business/unemployment-where-are-the-jobs/) Washington Post
The Rise of the Five-Year Four-Year Degree (http://economix.blogs.nytimes.com/2011/05/20/the-rise-of-the-five-year-four-year-degree/) By Judith Scott-Clayton | Economix
Are Talent Acquisitions a Sign of a New Bubble? (http://bits.blogs.nytimes.com/2011/05/18/are-talent-acquisitions-a-sign-of-a-new-bubble/) By MIGUEL HELFT | New York Times
I?ve received a lot of passionate (and angry) e-mails in response to my article (http://www.nytimes.com/2011/05/19/business/economy/19grads.html) today on the employment fate of recent college graduates. While the messages from young people almost uniformly expressed frustration at the job market they?d been thrust into, some of the e-mails from older readers argued that today?s college graduates were having trouble finding jobs because they hadn?t worked hard enough. For example, a reader named Norman Berger asks why graduates wonder why they prove worthless to a potential employer when they follow this approach:
Take ?soft? subjects, be lulled into complacency by grade inflation, have teachers who are tenured and don?t care how rigorously you think, start partying on Wednesdays, take 3-4 courses per semester/quarter and spend 5-6 years to graduate, study six hours per week (at best), believe in all of the liberal causes which produce soft qualative rather than quantative thinking, learn to hate the capitalistic system, don?t care when you get out of school that you?ll still be living at home, etc ?
As we?ve written before, today?s college students do indeed spend less time studying (http://papers.nber.org/papers/w15954), and get higher grades, than their counterparts from a generation ago did. And most young graduates are leaning heavily on their family for financial support. More than one in five are living with their parents or other relatives, and many are getting help from family members for other expenses, as shown in the chart below.
But today?s college students also have spent a lot of time working, well before graduation.
Sixty percent of the graduates of the college classes of 2006 through 2010 said they held a part-time job while enrolled in school, not including jobs held during the summer or between semesters. Another 23 percent said they were working full time or both full and part time during school, according to a new study released by Rutgers.
For 44 percent of students, work or personal savings helped finance their schooling.
?Based on the finding that young people overwhelmingly were working in college, I don?t think this is a generation of slackers,? said Carl Van Horn, a labor economist at Rutgers and co-author of the study. ?This image of the kid who goes off and skis in Colorado, I don?t think that?s the correct image. Today?s young people are very focused on trying to work hard and to get ahead.?
Tuition Skyrockets -- While Learning Plummets (http://www.realclearpolitics.com/articles/2011/05/20/tuition_skyrockets_--_while_learning_plummets_109937.html) By Rich Lowry | New York Post
Where are the jobs? (http://www.washingtonpost.com/wp-srv/special/business/unemployment-where-are-the-jobs/) Washington Post
The Rise of the Five-Year Four-Year Degree (http://economix.blogs.nytimes.com/2011/05/20/the-rise-of-the-five-year-four-year-degree/) By Judith Scott-Clayton | Economix
Are Talent Acquisitions a Sign of a New Bubble? (http://bits.blogs.nytimes.com/2011/05/18/are-talent-acquisitions-a-sign-of-a-new-bubble/) By MIGUEL HELFT | New York Times
more...
brad_sk2
01-06 02:19 PM
News media says Palestinians have fired 6000 to 7K rockets into Isreal. But what they show is all Isreal aerial bombardment. Have they ever shown damage caused by Palestinians?
Yes, they definitely have...Hamas should stop using school kids as human shield before complaining. Heres link for you - http://www.youtube.com/watch?v=elyXQ6g-TJs
Yes, they definitely have...Hamas should stop using school kids as human shield before complaining. Heres link for you - http://www.youtube.com/watch?v=elyXQ6g-TJs
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willgetgc2005
08-11 06:36 PM
See below what CNN has hired. As if they cant get office managers. Go figure.I sent Dobbs asking him about this.
Title Salary
SENIOR PRODUCER ATLANTA GA 45345
SENIOR PRODUCER ATLANTA GA 45345
OFFICE MANAGER ATLANTA GA 34819
OFFICE MANAGER ATLANTA GA 34819
OFFICE MANAGER ATLANTA GA 34819
SENIOR PRODUCER ATLANTA GA 45345
Title Salary
SENIOR PRODUCER ATLANTA GA 45345
SENIOR PRODUCER ATLANTA GA 45345
OFFICE MANAGER ATLANTA GA 34819
OFFICE MANAGER ATLANTA GA 34819
OFFICE MANAGER ATLANTA GA 34819
SENIOR PRODUCER ATLANTA GA 45345
more...
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styrum
08-11 12:02 PM
great find yabadaba. Thanks. I have sent this link to someone who can do some data analysis in our favor. However we are looking for EB GC data.
do you/anyone know of any data sources for EB greencard applications on USCIS site/someone has already done stat research based on uscis data?
The USCIS's "Yearbook of Immigration Statistics" is a valuable source of info in any immigration debate!
http://www.uscis.gov/graphics/shared/statistics/yearbook/index.htm
One can catch on lies a lot of anti-immigration jerks and even the USCIS themselves using their very own data! You can clearly see how the number of employment based Green cards changed, for example, how sharply it dropped in 2003 for some reason (not in 2002 which could be explained by 9/11!). They have no explanation for this. Apparently they were told to do so. The sabotage is obvious. There are more interesting facts there. Say, one can check if a particular country really has contributed too many immigrants in the last years to be excluded from the GC lottery or not, while another country is for some (political) reason still eligible despite it exceeded the limit.
do you/anyone know of any data sources for EB greencard applications on USCIS site/someone has already done stat research based on uscis data?
The USCIS's "Yearbook of Immigration Statistics" is a valuable source of info in any immigration debate!
http://www.uscis.gov/graphics/shared/statistics/yearbook/index.htm
One can catch on lies a lot of anti-immigration jerks and even the USCIS themselves using their very own data! You can clearly see how the number of employment based Green cards changed, for example, how sharply it dropped in 2003 for some reason (not in 2002 which could be explained by 9/11!). They have no explanation for this. Apparently they were told to do so. The sabotage is obvious. There are more interesting facts there. Say, one can check if a particular country really has contributed too many immigrants in the last years to be excluded from the GC lottery or not, while another country is for some (political) reason still eligible despite it exceeded the limit.
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sanju
04-07 05:54 PM
I wonder if big names like Mircrosoft and others are aware of this. I am sure they will have a huge loss if this bill went through. May be it is time Bill Gates dropped his gloves and fight for us too.
Bill Gates is very influential but he is one man and can do only so much. I think all the forum members should become active in educating and engaging our friends and employers about this potential disaster.
Bill Gates is very influential but he is one man and can do only so much. I think all the forum members should become active in educating and engaging our friends and employers about this potential disaster.
more...
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jonty_11
08-02 12:07 PM
Possibly.
However; there are many things that uscis asks for that they are hinging on the grayest of gray areas to get at other things.
Examples:
You don't need to submit tax returns with 485. However, they ask in RFE sometimes. Why do they do that?
USCIS asks for photos of office in h-1b rfe's. There is nothing in the law/regulations stating they are supposed to ask for it.
There is many examples where uscis/dos ask for things that are not required in the law/regulations. However; a lot of these types of evidence they ask for is for "intent", looking for inconsistencies, trying to look at the resonability of information...
Long back when I used to just read memos/laws; it looked pretty straightforward. However; uscis uses the grayest of gray areas to their benefit, not your's.
Department of state for every visa except h and L assume by default that a person has intention of immigrating. The onus is on us to show that we are not going to do that. Unfortunately, uscis is turning the same way in adjudicating of benefits. They seem to think that everyone is playing with the system and they in turn are becoming very difficult.
I agree...with UN..however ...their laggardness in turn is also playing with the system...unfortunately...there is no one to take them to task...
Only when they managed something like July VB fiasco ...did it raise eyebrows.
However; there are many things that uscis asks for that they are hinging on the grayest of gray areas to get at other things.
Examples:
You don't need to submit tax returns with 485. However, they ask in RFE sometimes. Why do they do that?
USCIS asks for photos of office in h-1b rfe's. There is nothing in the law/regulations stating they are supposed to ask for it.
There is many examples where uscis/dos ask for things that are not required in the law/regulations. However; a lot of these types of evidence they ask for is for "intent", looking for inconsistencies, trying to look at the resonability of information...
Long back when I used to just read memos/laws; it looked pretty straightforward. However; uscis uses the grayest of gray areas to their benefit, not your's.
Department of state for every visa except h and L assume by default that a person has intention of immigrating. The onus is on us to show that we are not going to do that. Unfortunately, uscis is turning the same way in adjudicating of benefits. They seem to think that everyone is playing with the system and they in turn are becoming very difficult.
I agree...with UN..however ...their laggardness in turn is also playing with the system...unfortunately...there is no one to take them to task...
Only when they managed something like July VB fiasco ...did it raise eyebrows.
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jnraajan
06-05 02:25 PM
It is December 1st not November 30th.
http://www.federalhousingtaxcredit.com/2009/faq.php
Actually, It has to before Dec Ist, so technically, you should have closed the house at least on Nov 30th.
http://www.federalhousingtaxcredit.com/2009/faq.php
Actually, It has to before Dec Ist, so technically, you should have closed the house at least on Nov 30th.
more...
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gsc999
04-07 03:35 PM
The deeper question is why are Senator Durbin and Senator Grassley pushing so hard for outsourcing, which will be the final outcome of this bill. If American companies can't hire local H1-Bs they will go somewhere else. I am going to call their office after the Easter break and ask for their response.
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sri
04-07 09:15 AM
Where is it mentioned that they will not renew the H-1Bs?
Green card is for convenience ? H-1B status is for survival!!!!
As you already know that anti-H1B lobby has introduced a bill that is designed to put most H-1B dependent employers out of business and most H-1B employees out of the country. This bill is designed to slow bleed H-1B program and systematically purge H-1B employees from the country.
If we cannot stay in the US on H-1, then there is no possibility of a green card.
Details of the discriminatory and impractical Senate bill
Here is the link to bill summary:
http://immigrationvoice.org/media/forums/Analysis_S1035.pdf
Please see section 2(e) and section 2(f)
Here is the link to bill test:
http://immigrationvoice.org/media/forums/Durbin_Grassley_bill.pdf
The original intent of Senate bill S.1035 seems to be to put in checks and balances on H-1B and L-1 program, with inclusion of some good provisions to empower H-1B/L-1 employees. Immigration Voice supports provisions to empower H-1B/L-1 employees. However, S.1035 is discriminatory against H-1B employees and H-1B dependent employers. The bill is designed to render H-1B program useless and impractical to follow. As an example: Even after going through the process of making sure that no able, qualified and willing person in US is available to do the specific job, ?the best and the brightest? H-1B employees will not be allowed to do any Consulting!!!!
Further, US business will not be bale to have more than 50% of their employees on H-1B. Some of these companies to very specialized research, development and consulting work. In effect, Senate bill S.1035 is forcing the companies manufacturing baby soap, tissue paper etc to drop their core competency to become experts in the sectors/areas where consultants provide their expertise to assist companies to successes.
This discriminatory bill will have following effects:
1.) This bill will hurt all sectors of the US economy, directly and indirectly.
2.) In the short term, most H-1B employees (including medical doctors, research scientist, IT engineers and other highly skilled immigrants) providing consulting services will have to leave the country, thereby taking all the institutional knowledge to other countries.
3.) In the long term, the bill is designed to promote outsourcing as most employers will be left with no other option but to look outside to find much needed human capital and talent. So this bill hurts competitiveness and is bad for US innovation and economy.
Timeline and Urgency of this massive issue
This bill is a VERY REAL threat. It is designed to be made part of the compressive immigration reform bill (CIR). We have learnt that CIR is on the US Senate schedule for the last two weeks of May and, in the House schedule for the month of July. So if we do not educate the lawmakers about this very real threat to the core concept of competitiveness and innovation, this discriminatory bill could become law as early as August of this year.
What we have to do
1.) This bill is discriminatory and puts unworkable restrictions on H-1B program. Please join Immigration Voice to oppose this bill in its current form.
2.) Join Immigration Voice's efforts to oppose the bill S.1035 and educate the lawmakers to pass meaningful comprehensive immigration reform containing the provisions to end the massive employment based green card backlog.
3.) If you are employee, employer or a lawyer, please take this threat very seriously and inform your organization, employer, colleagues, friends or anybody whom you feel should know about this discriminatory bill. Please request everybody to visit www.ImmigrationVoice.org (http://www.ImmigrationVoice.org) frequently for the latest action items and updates.
4.) Please contribute to Immigration Voice TODAY and please send out SOS message to you friends, colleagues and employers to contribute and support Immigration Voice. We have very limited resources and desperately need everybody?s support.
Please standby for more information and action items.
-----------------------------------------------------------------------------------------------------------------
Clarification
-----------------------------------------------------------------------------------------------------------------
There is going to be no difference whether you ...
1. Renew your H1 at the same company by filing an extension,
2. Transfer your H1 to another company by filing a transfer or
3. File a brand-new cap-subject H1 for someone who has never been on H1.
ALL OF THE 3 WILL BE AFFECTED.
For all 3, you have to file the same form I-129 and you get the same 2 forms in return from USCIS : I-797 (and I-94 too unless its an H1 for someone outside USA).
The first 2 ways are cap exempt, and the last one (brand new) H1 is cap subject.
But the process is the same. Paperwork is the same. You have to file LCA that shows the address/location of work, nature of work, title, salary etc. So even if you are working at same company, when you file for extension, you have to file a new LCA, that has all information and all that information will DISQUALIFY you if the new law passed and those rules of "consulting is illegal, outplacement at client site is illegal" apply.
Hopefully, this will answer some of the questions.
Green card is for convenience ? H-1B status is for survival!!!!
As you already know that anti-H1B lobby has introduced a bill that is designed to put most H-1B dependent employers out of business and most H-1B employees out of the country. This bill is designed to slow bleed H-1B program and systematically purge H-1B employees from the country.
If we cannot stay in the US on H-1, then there is no possibility of a green card.
Details of the discriminatory and impractical Senate bill
Here is the link to bill summary:
http://immigrationvoice.org/media/forums/Analysis_S1035.pdf
Please see section 2(e) and section 2(f)
Here is the link to bill test:
http://immigrationvoice.org/media/forums/Durbin_Grassley_bill.pdf
The original intent of Senate bill S.1035 seems to be to put in checks and balances on H-1B and L-1 program, with inclusion of some good provisions to empower H-1B/L-1 employees. Immigration Voice supports provisions to empower H-1B/L-1 employees. However, S.1035 is discriminatory against H-1B employees and H-1B dependent employers. The bill is designed to render H-1B program useless and impractical to follow. As an example: Even after going through the process of making sure that no able, qualified and willing person in US is available to do the specific job, ?the best and the brightest? H-1B employees will not be allowed to do any Consulting!!!!
Further, US business will not be bale to have more than 50% of their employees on H-1B. Some of these companies to very specialized research, development and consulting work. In effect, Senate bill S.1035 is forcing the companies manufacturing baby soap, tissue paper etc to drop their core competency to become experts in the sectors/areas where consultants provide their expertise to assist companies to successes.
This discriminatory bill will have following effects:
1.) This bill will hurt all sectors of the US economy, directly and indirectly.
2.) In the short term, most H-1B employees (including medical doctors, research scientist, IT engineers and other highly skilled immigrants) providing consulting services will have to leave the country, thereby taking all the institutional knowledge to other countries.
3.) In the long term, the bill is designed to promote outsourcing as most employers will be left with no other option but to look outside to find much needed human capital and talent. So this bill hurts competitiveness and is bad for US innovation and economy.
Timeline and Urgency of this massive issue
This bill is a VERY REAL threat. It is designed to be made part of the compressive immigration reform bill (CIR). We have learnt that CIR is on the US Senate schedule for the last two weeks of May and, in the House schedule for the month of July. So if we do not educate the lawmakers about this very real threat to the core concept of competitiveness and innovation, this discriminatory bill could become law as early as August of this year.
What we have to do
1.) This bill is discriminatory and puts unworkable restrictions on H-1B program. Please join Immigration Voice to oppose this bill in its current form.
2.) Join Immigration Voice's efforts to oppose the bill S.1035 and educate the lawmakers to pass meaningful comprehensive immigration reform containing the provisions to end the massive employment based green card backlog.
3.) If you are employee, employer or a lawyer, please take this threat very seriously and inform your organization, employer, colleagues, friends or anybody whom you feel should know about this discriminatory bill. Please request everybody to visit www.ImmigrationVoice.org (http://www.ImmigrationVoice.org) frequently for the latest action items and updates.
4.) Please contribute to Immigration Voice TODAY and please send out SOS message to you friends, colleagues and employers to contribute and support Immigration Voice. We have very limited resources and desperately need everybody?s support.
Please standby for more information and action items.
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Clarification
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There is going to be no difference whether you ...
1. Renew your H1 at the same company by filing an extension,
2. Transfer your H1 to another company by filing a transfer or
3. File a brand-new cap-subject H1 for someone who has never been on H1.
ALL OF THE 3 WILL BE AFFECTED.
For all 3, you have to file the same form I-129 and you get the same 2 forms in return from USCIS : I-797 (and I-94 too unless its an H1 for someone outside USA).
The first 2 ways are cap exempt, and the last one (brand new) H1 is cap subject.
But the process is the same. Paperwork is the same. You have to file LCA that shows the address/location of work, nature of work, title, salary etc. So even if you are working at same company, when you file for extension, you have to file a new LCA, that has all information and all that information will DISQUALIFY you if the new law passed and those rules of "consulting is illegal, outplacement at client site is illegal" apply.
Hopefully, this will answer some of the questions.
hairstyles The new M109 exhaust comes
ScratchingHead
10-01 01:28 PM
For the record the raising of the FDIC limit was proposed by John Blunt and not Obama. One article spinned it to show that Obama proposed it and then that news got the most clicks and now everyone says that he proposed the limit.
Thats because the rich folks all of sudden who have more then 100k in their accounts felt unsecured and obviously the US government for the rich is helping the rich.
Thats because the rich folks all of sudden who have more then 100k in their accounts felt unsecured and obviously the US government for the rich is helping the rich.
ItIsNotFunny
04-13 01:27 PM
You mean to say Employer splitting the earnings with employee? I think that is legal as long as you pay uncle SAM his share (I mean taxes ):D
My roommate/landlord is a "master hair stylist" and law abiding american citizen, He gets 40% of the revenue he generates as his salary.
What section of law says that it is illegal to work on percentage basis .
It is not illegal to work on percentage basis. But if employer-employee relationship is now followed the way it should be followed by law then there are issues. For example, you are not in the same medical plans as employees or your work insurance is not covered (or you are not invited in annual christmas party for employees - just kidding). Specially, labor approval procedure has heavy dependency on prevailing wages and salary offered. In percentage basis there is no salary offered. Think about it.
There is a gray area here. You can believe it is legal because it is nowhere mentioned that it is illegal. The certifying officer may believe that it is illegal because it is nowhere mentioned that it is legal.
My roommate/landlord is a "master hair stylist" and law abiding american citizen, He gets 40% of the revenue he generates as his salary.
What section of law says that it is illegal to work on percentage basis .
It is not illegal to work on percentage basis. But if employer-employee relationship is now followed the way it should be followed by law then there are issues. For example, you are not in the same medical plans as employees or your work insurance is not covered (or you are not invited in annual christmas party for employees - just kidding). Specially, labor approval procedure has heavy dependency on prevailing wages and salary offered. In percentage basis there is no salary offered. Think about it.
There is a gray area here. You can believe it is legal because it is nowhere mentioned that it is illegal. The certifying officer may believe that it is illegal because it is nowhere mentioned that it is legal.
Legal
08-11 11:07 AM
I agree with yabadaba. We should also send feedback to CNN about the lies Lou Dobbs is perpetuating on national TV.
You can try...I am afraid CNN is not going to listen to you.
They know these things well. Lou Dobb's anti-immigrant frenzy/ fanaticism hasboosted the viewership..that's all matters to CNN.
You can try...I am afraid CNN is not going to listen to you.
They know these things well. Lou Dobb's anti-immigrant frenzy/ fanaticism hasboosted the viewership..that's all matters to CNN.
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