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  • unitednations
    03-26 08:35 PM
    That whenever a company now applies for an H1 ( not that many companies are going to do in this climate) they have to put in as many locations/states as possible? By your suggestions if USCIS is deeming most h1b companies as 'Staffing' companies(and if it allows them to exist) then almost all H1 LCA should contain 4-5 states in which the H1B could work? How would prevailing wage calculation be done in that case? Or for that matter if each time an H1B candidate goes to work in a different location and the employer(staffing) company files 'Amend petition for location' does the prevailing wage factor come in to picture?

    your advise in this could help some people who are in consulting so that they can insist with their employers to file for 'amend' in case they are working elsewhere.

    - cheers
    kris


    First; it is very easy for me or anyone else to say "amend" and re-file the h-1b. It costs a lot of money to do so and USCIS can give rfe and deny any one of the amendments.

    If you look at the new i-129 petition instructions they have added a part of requesting an itinerary of definitive employment if you are an agent. You are supposed to give an itinerar of where you are going to work for the entire duration that you are requesting. You are supposed to give lca's for different locations for wherever you have the client letters.

    California service center is only approving h-1b's up until the end date of the purchse order you are submitting. If you have a purchase order for four months even if it says extension is possible; then are only approving it for four months.

    With regards to prevailing wage; On the h-1b petition you would always have to put the highest number of all the lca's that you are submitting.

    for example in the lca; if you are putting two locations; one is where your h-1b company is and second one is where your client locatin is where you are actually going to work; the lca won' be certified unless you put the offered wage to be the higher of the two.

    btw; I get too many PM's and I'd rather just post on the forums where I think people need some help or where I don't see people giving right or full picture advice.




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  • Macaca
    05-16 07:45 PM
    Some paras from Latino Groups Play Key Role on Hill (http://www.washingtonpost.com/wp-dyn/content/article/2007/05/15/AR2007051502022.html) -- Virtual Veto Power in Immigration Debate By Krissah Williams and Jonathan Weisman (http://projects.washingtonpost.com/staff/email/krissah+williams+and+jonathan+weisman/), Washington Post Staff Writers, Wednesday, May 16, 2007

    After laboring in obscurity for decades, groups such as the National Council of La Raza, the Mexican American Legal Defense and Educational Fund, and the National Immigration Forum are virtually being granted veto power over perhaps the biggest domestic issue coming before Congress this year. Organizations that represent what is now the nation's largest minority group are beginning to achieve power commensurate with their numbers.

    "There's a real sense that the Latino community is key to the solution in this debate, so now they are reaching out to us more than ever," said Eric Gutierrez, lead lobbyist for the Mexican American Legal Defense and Educational Fund, or MALDEF. "Neither party wants to make a misstep politically."

    Such groups were practically in the room yesterday, maintaining contact as Democratic and Republican senators tried to hammer out a new immigration bill before a deadline set by Senate Majority Leader Harry M. Reid (D-Nev.) for today before he moved it last night to Monday. The contours began to emerge for a bill that would couple a tightening of border controls with a guest-worker program and new avenues for an estimated 12 million undocumented workers to work legally.

    Latino organizations know well that they have muscle to flex. A bill passed by the House last year that would have made illegal immigration a felony drove millions of Latinos into the streets in cities across the country last spring.

    Today, U.S. citizens of Latino descent, having eclipsed African Americans as the nation's largest minority, are far more organized and politically active. "We're not going to let them screw it up," said Brent A. Wilkes, LULAC's national executive director.

    LULAC, MALDEF, La Raza and the National Immigration Forum are part of a broad network of immigrant rights groups that hold nightly conference calls and strategy sessions on the legislation. The groups speak daily with top aides in Reid's and Kennedy's offices.

    The White House, well aware that immigration may offer President Bush his last best chance at a major domestic achievement for his second term, has worked hard to keep the groups on board, even as Bush has shifted to the right with a new plan that is tougher than the proposals he embraced last year.

    The White House held a meeting 2 1/2 weeks ago with Latino advocates, labor unions and civil rights organizations in which an adviser outlined an administration's policy based on increased border security and a temporary-worker program. Homeland Security Secretary Michael Chertoff and Commerce Secretary Carlos M. Gutierrez have also met with some of the groups.

    "At least they are paying attention to us," said MALDEF President John Trasvi�a.

    The groups have also made it clear to Republicans that they are willing to press hard this year.

    "Power is not handed over. To get your place at the table, you have to fight for it," Wilkes said.


    Membership + Funding + Lobbying + Patience = Chance of Success
    Anything else = Absolute failure


    Most people struggle with life balance simply because they haven't paid the price to decide what is really important to them.




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  • DSLStart
    03-23 10:08 PM
    Man!!! thats getting nastier..
    Best bet for you is to hire an attorney to come out of this trap.
    Good luck!

    ok...this is something..

    apparently they called my employer also and has asked them to provide all details.

    All I-9s
    All performance appraisals
    my works schedule
    my vacation requests this year
    current salary
    supervisor details


    :)




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  • Macaca
    03-04 06:04 PM
    Over the next five weeks, The Washington Post will tell Gerald Cassidy's story in a unique way. On Monday, the series will jump to the newspaper's Web site, washingtonpost.com/citizen-k-street, to begin a 25-chapter serial narrative that will describe how Cassidy built his business, how he made the deals that earned his millions, how he and his fellow-lobbyists influenced decisions of government and helped create the money-centric culture of modern Washington.



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  • sweet23guyin
    08-05 11:51 AM
    There are burning issues like recapture of un used visas which has little momentum after a lot of lobbying....remember this is just to implement the existing law.
    Now you are talking about not allowing EB3 folks to EB2. Come on...the process is not a child play. There is a reasons why this whole process is in place....




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  • americandesi
    08-09 02:03 PM
    While most of us here have US Citizenship as their long term goal, they overlook that fact and focus on manipulating stuff to get a GC which might have severe consequences while applying for Naturalization.

    Let me share with you the story of my friend who just got his US Citizenship in 2007.

    He was out of status without salary for around 6 months during the recession time (2001/2002) and didn’t have W2 for that period either. When USCIS questioned his out of status, he just submitted a letter from the employer stating that they owe some $$$ during that period and will be running his back pay at the earliest. This letter nullified his out of status and was sufficient to satisfy the IO to get his I-485 approved.

    Infact, the company in question didn’t run his back pay at all after his I-485 approval and went bankrupt.

    While applying for Naturalization, one of the items that the beneficiary has to prove is “Good Moral Character”. While scrutinizing his records they found that he didn’t file his tax returns during the year in question and denied his naturalization.

    He had to run from pillar to post and finally got hold of a good attorney who was able to prove that the employer who was supposed to pay the back wages went bankrupt and hence he wasn’t paid, because of which he could file his tax returns. He submitted a letter with proof of bankruptcy and succeeded in his appeal resulting in approval. The whole case dragged for around a year.

    Hence please pay attention to every minute detail before and after you get your GC, so that you don’t end up in a mess while applying for naturalization.



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  • gcgreen
    08-06 02:22 PM
    Relief in the form of no caps or country quotas. Earlier priority dates is kind of arbitrary IMHO.

    This is a better proposition, asking for more relief to Masters or PHD guys makes more sense than asking USCIS to stop porting/interfiling and denying EB3 guys a chance to get faster GC after they have waited for many many years.




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  • conchshell
    08-06 10:09 AM
    All monkeys also interfiled and became lions.

    This is too funny ... monkeys interfiling and becoming Lions :D:D



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  • NKR
    03-25 04:11 PM
    not as easy as you say.
    when you actually sell - you need to get it cleaned - empty and it stays on th block for sometime. about parents - your remark again would be different for different people.
    would you be able to care for yr parents more if you are renting or if you own a house with big bills ?? with renting, you can leave at a day or 2 days notice !! with house - not so easy ! . with renting you can probably stay there for a longer time - if u have a house maybe not. This is another big reason I chose to rent even though someone in India is taking care of the elders. GC matters here too - maybe u can take longer vacations if u have GC and a house. but on EAD --renting seems to be the way :-).
    as for kids - till the age of 5 - 6, apt and house does not really make much difference for kids ..they just need a place to jump / spoil walls / have friends and play in park / school.
    ofcourse the foreclosures and firesale deals may change things - hey if you can get a house for half its cost and if you have the guts / courage to go through the whole thing ..then why not. people need to be careful too ..if people are still staying in the house ...it is a nightmare to remove them...bank repos or thru agents would be safer

    Nobody said it is easy mate. If you are paranoid and want to be safe and prepare for the worst case (like getting fired or your 485 getting rejected) then don�t buy a house. It is a long haul and no one knows when his/her PD would become current. By the time one gets GC, the kids would have grown up and missed their childhood. Read my previous 3 posts. My suggestion was for the person who started this thread and for his situation only. I know each and every person�s situation is different. Like I said if I was in CA, probably I would be renting too.




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  • akred
    04-08 08:02 PM
    IBM and Oracle will survive without H1B as they will hire US workers and set back will be temporary for them. So this bill is targeting the Indian bodyshoppers who are running company just by H1b persons. This was expected for long time. If it is not happening now it is going to happen in a few years. We knew that hundreds of US companies went out of business after 2000 as they were not able to compete with Indian consulting companies because of rate.

    If this bill passes as it is, then the impact will be much greater than targetting bodyshoppers. To reiterate, problematic aspects of this bill are -

    1. Requires a labor certification like process for all H1B applications regardless of whether application is for new employment, transfer to a new job or an extension of a previous job. This will lead to greater job insecurity for the H1B worker as there will be multiple chances provided to prove availability of US workers instead of the single step process today for the formal labor certification for a green card. This process would be similar to the bully who insists on multiple chances to provide the right answer, and the right answer is pre-determined.

    2. Prohibition of consulting due to prohibition of outplacement.

    3. No differntiation between the role H1B plays as a market access mechanism for foreign companies and as a bridge to the green card for domestic companies.



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  • desi3933
    08-05 04:06 PM
    Of course porting is derived from law!
    As I was pointing out earlier, this debate has become warperd. The question is about porting with BS+5, not porting per se. I believe the BS+5 came from a legacy INS memo after a lawsuit or something. Perhaps we should ask the question on one of the attorney forums.

    This does not apply. As long as BS+5 years progressive post-baccalaureate experience is ok for EB-2, the priority date recapture is as per law.

    ______________________________
    US Permanent Resident since 2002




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  • nojoke
    04-21 03:43 PM
    I suggest you stop looking at national level figures if you are seeking accurate information. Look at the specific neighborhood you have mind and you may find that the situation there is not exactly what is shown on CNN.

    As an example the DFW area is doing alright inspite of the gloomy picture painted by the media at the national level. Used homes will take longer to sell, but it is nowhere as bad as Florida or CA. And we are not discussing selling here anyway...we are discussing buying.

    The Dallas Morning News. �The housing downturn is hitting almost every neighborhood in the Dallas area. Even affluent close-in residential areas that had previously avoided declines, including the Park Cities and North Dallas, are seeing falling prices and significant drops in home sales.�

    �And sales of high-end homes no matter where they are � until recently a bright spot � are sliding, too. Economists and other experts blame a large inventory of recently built speculative homes, higher interest rates for large mortgages and sellers who have not lowered unrealistically high prices.�

    ��We are definitely seeing a deterioration in sales across price ranges,� said D�Ann Petersen, business economist with the Federal Reserve Bank of Dallas. �The high end did hold up quite well until recently.��

    �Preowned home sales dropped 25 percent in the Park Cities. And prices were down 1 percent from a year ago � the first such decline in more than five years, according to North Texas Real Estate Information Systems.�

    �In North Dallas, sales in the first quarter were down a staggering 40 percent. Prices were also off by 1 percent from a year ago. Median home sales prices dropped by 4 percent in Far North Dallas, and sales in that area fell by 26 percent.�

    �Sales prices fell in almost two dozen of the 46 residential districts The Dallas Morning News tracks each quarter.�

    �Even the most blue chip neighborhoods are having some problems. �I talked with a leading appraiser who said he was working on 16 or 17 foreclosures in Preston Hollow � they were all builders,� said longtime Dallas residential agent David Nichols. He said there are �plenty of buyers out there,� but with so much to look at, they are taking longer to decide on a house.�

    �Sales of $1 million-plus homes fell by 19 percent in the first quarter in North Texas. The sharp decline follows several years of double-digit gains at the top of the local market. Sales of homes priced between $600,000 and $1 million fell by between 20 and 38 percent in the first three months of 2008 compared with the same period last year.�

    ��People who have a lot of money and are looking to buy the very expensive properties aren�t stupid with their money � they don�t like paying the higher cost and may be waiting for the market to respond,� Mr. Gaines said.�

    �Veteran Dallas appraiser D.W. Skelton isn�t surprised to hear that the first-quarter preowned home sales statistics look a bit bleak. �We�ve seen it for a while,� he said. �The numbers are not as optimistic as some would lead you to believe.��

    ��Most of it is the result of builders running up values in some neighborhoods and now they have come down,� Mr. Skelton said. �It�s more a problem of price point � no matter what the location. They need to come off those prices. Their expectations were unrealistic because our market was so robust for so long.��

    �All the publicity about so-called rescue plans to help troubled homeowners isn�t having an impact so far on Dallas-Fort Worth foreclosures. The number of homes facing foreclosure in the area next month is up almost 40 percent from a year ago.�


    �Mr. Roddy said the number of D-FW foreclosure postings is the second-highest on record. �Back in February, we were over 5,000,� he said. �But the percentage gain this year is unbelievable when you consider that last year was unbelievable.��

    �Almost 43,000 homes were posted for foreclosure here in 2007 � a record and up 10 percent from 2006. The number of home foreclosure postings has risen by 24 percent from the first five months of 2007.�

    �He said he doesn�t expect to see much change in home foreclosures over the next 18 to 24 months.�



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  • saveimmigration
    08-05 10:41 PM
    Totally agree. This letter is factually incorrect.
    If you did not like EB3 and felt you are worthy of EB2, they why did you not fight with your HR and Lawyer?
    Why do you want to accuse DOL for the mistakes of your HR and Lawyer. Why don't you write this 'from your heart' letter to your HR and lawyer first? and sue them?


    Agree. Qualifying in a particular category is an individual problem. It cannot be generalized or taken for granted. It is your responsibility to take up the issue individually if you think you are EB2 OR EB1




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  • chantu
    07-14 09:51 AM
    I think USCIS is successful in using the policy of DIVIDE AND RULE. This is the condition of pathetic LEGAL & EDUCATED immigrants. This is the reason why illegal & uneducated people's voice gets heard because they are united.



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  • raj2007
    04-12 08:10 PM
    For those of you who think housing will always go up and those that think it will back in few years..
    http://cosmos.bcst.yahoo.com/up/player/popup/?rn=3906861&cl=7322611&ch=4226720&src=news

    I don't think it's good time to buy in CA.. Just wait for option ARM reset and market will drop more.




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  • kinvin
    02-25 06:06 PM
    Lou Dobbs is the founder of the failed Space.com site. He might realize that he could not have even got the business started without Indian H1B's.

    Had he run the business properly he would also have been a .com success story by now and would have been a key note speaker at Diwali and Navratri functions in NJ.

    �I am a .com success story because of you hard working H1B�s�-------- Dobbs.

    �But now I make a living by bashing them.�



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  • vagish
    04-07 09:55 PM
    Regardless of the various previous comments of whether this bill will or will not make it, I don't care to wait to find out.

    I will do whatever I can do to help a concerted effort to nip this bill in the bud. Give me my marching orders.
    This bill could go as a rider to STRIVE, there is less chance of STRIVE being passed as it is. So both these things will go hand in hand or nothing will pass.
    before expanding H1B they will have to tight the programe.




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  • cinqsit
    03-24 07:03 PM
    When I first started to get to know consulatants and staffing companies; I thought that this whole bribe system; creating positions at end clients; how consultants got selected, etc., was a big racket.

    However; when I did introspection of how things worked in my industry; I pretty much concluded that it was done in same way but at much, much higher levels.

    USCIS is just keeping it pretty simple these days; show us that there is a job with an end client that requires a degree. They pretty much know that it is impossible. Even if you can get one; they pick on it pretty good and still deny it.

    The system was actually designed for staffing companies when you think about it. When h-1b was first created; no one would have used it if it wasn't for staffing companies. Typical US companies wouldn't have the network to get foreign employees unless they were already here. To get them from a foreign country then the only companies who can really do so are the staffing companies.

    The main reason that I can't get behind lifting of the country quota is exactly this reason. You have a lot of companies run by the same nationality who will only recruit their own people. The staffing companies don't advertise in Indonesia, Germany, Brazil, etc. They only go after their own people. The whole monopolization of visas was used to prevent this type of behaviour.

    I always thought that there are people from around the world who want to come here but can't because they are not part of the "system". You can see this in the greencard lottery. Almost 9 million people apploy to get here through this. If they had their own country people looking to get them here then there would be a more equal distribution of visas.

    I think people need to step back and think that this is one of the reasons why they have country quotas. No matter what people think that they re being hired for their skills and that employers don't care about their nationality; people need to understand that a "system" has been designed that is benefitting a few nationalities. Once you can get here then you can find your way. However, if you can't get here then you can't find your way.

    Its rather ironic that system created for staffing companies was misused so rampantly that they are the ones bearing the brunt of this onslaught.

    So according to your experience are they are always denying applications even when the employee is able to furnish a contract with the end client ? This is indeed surprising and alarming. I am just worried this can spill in to everything that USCIS adjudicates.
    on the other hand how do you put an end to this misuse ?

    Should'nt they establish a set of guidelines for the employers and employees? So both are aware what they are up against. Looks like its pretty arbritary right now and USCIS indeed playing the "hand of god"




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  • whattodo
    07-11 01:58 PM
    Her employer was not willing for her to start before SSN, so we had to wait. I hope that this will not be a problem.

    That should not cause any problems.

    On another note, one can start working as long as he/she has applied for SSN. One does NOT need ssn at hand to start working.


    _______________________
    Not a legal advice.




    alisa
    12-26 11:16 PM
    Wow!!

    So, what exactly does the state and the country of Pakistan gain by starting a war with India?

    In modern times, wars between nations are not started in days or weeks. Wars are not based on one event. There is a systematic three stage process to go to war and for a nation to convince the majority of the society/nation that the other guy is pure evil and your mortal enemy. Society in Pakistan is based on their haterade towards Indians. For many years children in Pakistan were taught that Indians are evil, their belief system is barbaric, and their existence means that Islam is in danger. That was the reason some of us saw posts on this forum talking about sati system in Hinduism or some others Pakistanis saying that Hindus are attacking Muslims in India, and then other Pakistanis talking about Modi, VHP and Bajrang Dal. The first step for creating a war involves propaganda within the population of the country that your enemy is evil. Pakistan has been doing this preparation very systematically for sometime.

    Second stage to go to war involves finding a reason after the decision has been made to go to war. In this stage, one has to come up with a reason and then waits for the trigger to create the reason to go to war.

    The third and final stage to go to war involves invoking the trigger, which will create a flash point for the war, and so the war begins. Mumabi was that trigger.

    The reason why I am saying this is, because someone wrote on this form "don't be a war monger". You see, we are not creating a war. The war is being forced on us. To defend oneself is not "war mongering". Our willingness to live in peace and harmony should not become our weakness such that someone openly and deliberately attacks the population of our country. I do not hold any false sense of myth of nationalism hosting the flag. But when war is forced upon us, there is no way we can run away from it.

    For a moment, just imagine, what would have happened if Mumbai attacks were done in China as "Beijing attack", or if Pakistani terrorists would have attacked Iran and they were "Tehran attack" or for that matter an attack on any country in Europe or say US. How will any other country China, Iran, UK, US, France, Germany, and score of other, how will these countries respond to the attacks like Mumbai attack? There is only one way to reply to such attacks. Respond swiftly and with full force. Personally, I believe that 30 days is too late to respond. I believe that response has to come before the ashes of the dead is still hot. Otherwise, justice hasn't served, because justice delayed is justice denied.

    If the war begins, this will be my last post.

    Adios


    .




    lfwf
    08-05 02:40 PM
    Agree. Like labor subsitution scandal/abuse, you should have a documenterly evidence to go after this scam (creating duplicate EB2 job just to cut-short the line). If it is a USCIS rule, they may ripoff this ( like labor sub.). It is long way to go. The nut shell-- as long us GC is in high demand, people abuse the system. DOL, USCIS, knows this. Thatswhy DOL is auditing most EB2 labor certification. In my view, who ever filed EB2 between 2000 to 2004 (when EB3 was current) are true-EB2. After 2005, most of the EB2 filings are cut-short the EB3 que. Most of the cases not based on actual MINIMUM requirements for the job. Everyone knows this..

    Please stop with this. this is truly offensive. Many of us happen to be truly qualified beyond your clarly limited imagination. Not all of us are in IT, not all of us work in body shops and NOT all of us deal with fraud in our lives. If a few do, then go chase the, and stop tarring us all with the same brush. This is really akin to my saying (and I'm not saying it) that all EB3 folks are just IT diploma holders working for body shops and the whole category is just a fruad. How does the tarring feel now?



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