gc4me
03-30 09:09 AM
That would be great! :D
Widower Zardari will be marrying Kumari Mayawati just after election to unite subcontinent and bring peace to world.
Widower Zardari will be marrying Kumari Mayawati just after election to unite subcontinent and bring peace to world.
wallpaper Les Choristes
dilipcr
06-16 03:41 PM
Nice well thought out arguments. This is the essence of a healthy debate.
Dilip -
Could you please respond to questions raised in my post, when you get a chance?
I would like to add one more thing here - Employment based immigration is not merit based, it is driven by employer-employment unless you self-petition in Eb1/Eb2.
For the most part it is if it were left to market forces. Employers, rationally, would only want as much as talent for the price they pay. Most importantly, employers would be willing to go the extra mile to sponsor green cards only if they perceive that the immigrant employee would add value both in the present and the future. Now again, when I say employers, I mean the genuine employers and not the fly by night consulting body shops or the outsourcing companies. I strongly believe that EB based GC for a very large part is built on merit. You may see sme cases wherein some ordinary people getting green cards. They, in my opinion , are mostly from these body shops who got "lucky". Cant believe I am using that word !!!.
You may be very much qualified, if there is no employer who is ready to sponsor your green card, you are out of luck, so please do not put argument that only best and qualified people get GC.
Employers will be restricted in applying for GC for very qualified employees only in the period of recession. This happened with companies like CSCO etc in2001. wherein many of my friends left the company because cisco was barred from applying for GC after mass layoffs. But then after a year or so they started applying again. If you are referring to such scenarios, I would recommend patience because the immigrant per se is extremely well talented.
I don't think it matters, but I am from college based in Kharagpur WB.
In my opinion it does not. But be careful in this forum though. People may view your statement as egotistic.
Have a good day!
Where did you get that 80k number? You think 80k is good salary for that job, someone else may say 65k, I may say 90k. The salary, among other things, is determined by market forces. If you can't find enough people with xyz then company will be forced to offer more.
As long as there are people who are ready to work on salary 52k (example), employer will not pay 70k. As long as employer is following all the legal requirements, no one can dictate salary for the job.
I agree that the employer will pay the salary that is cosummate with the market. No well meaning employer will undercut to save a few pennies at the risk of losing out on quality.
What if the market pay scales are distorted through pervasive fraud ? If you look at it from an employer's view, it gets murkier. Believe it or not, low cost always signal lower quality. Trust me this is marketing 101. Google low cost and the perceptive signals. It is truly tough for the employer to trust the low cost employee's skillset.
Now the distortion comes into play when outsourcing companies flout rules and undercut the market through pervasive fraud. Like other industries such as manufacturing/agriculture etc, IT wages are destined to decline but not at this rate. The acceleration in the decline of wages is perpetuated by these scum outsourcing companies. If the decline in wages were let to decline at the speed of market, then it gives talented people time to upgrade skills or move to other industries without having to sacrifice quality of living. So per your argument, yes the end employer is following the rules by employing people from the outsourcing company because the employer does not know or looks the other way of the outsourcing company commiting pervasive fraud. Oh BTW that 80K number was just to highlight that the L1s should be paid high too. It was not based on any scientific or statistical evidence.
I am a US citizen of Indian origin with background in Computer Science, Finance, and Business Laws. I have been in this country for 11+ years and I have seen so many changes in tech world. Nobody talks of sign-on bonus on H1B anymore. I am dot net architect and I am seeing lot of competition for jobs and this is causing downtrend pressure on salary. But, instead of, blaming someone else for the competition, I am taking it head on. We need to keep working on our skillset and employer will pay the salary. Like they say, for the right candidate salary is not a constraint.
I agree with you on the above points. You are doing the right thing in not blaming others for the downtrend in salaries. However, you are fundamentally assuming that you would have enough time to upgrade and adapt. What if that assumption falls apart ? What if outsourcign companies hit your employer with people with your skillsets at abysmal prices through fraud ? Today many companies do not look into the long term but make short term decisions. They may prefer the loss in quality for the "immediate" cost savings. It may take time for them to realize their follies. In trading, they say that a trader needs to have enough juice to survive the market irrationality. In a similar vein, if you have the wherewithal to survive the employer's short term irrational decisions, then more power to you.
Let us not forget our struggling days of H1. The least, we can do, is to encourage our fellow immigrants who are waiting for their green cards.
That is exactly the reason I am here. I want to encourage the truly deserving. I dont know who the truly deserving are on this board. But they know themselves. My encouragement is for them is to ensure that they dont get bogged psychologically despite being immensely talented.
.
Dilip -
Could you please respond to questions raised in my post, when you get a chance?
I would like to add one more thing here - Employment based immigration is not merit based, it is driven by employer-employment unless you self-petition in Eb1/Eb2.
For the most part it is if it were left to market forces. Employers, rationally, would only want as much as talent for the price they pay. Most importantly, employers would be willing to go the extra mile to sponsor green cards only if they perceive that the immigrant employee would add value both in the present and the future. Now again, when I say employers, I mean the genuine employers and not the fly by night consulting body shops or the outsourcing companies. I strongly believe that EB based GC for a very large part is built on merit. You may see sme cases wherein some ordinary people getting green cards. They, in my opinion , are mostly from these body shops who got "lucky". Cant believe I am using that word !!!.
You may be very much qualified, if there is no employer who is ready to sponsor your green card, you are out of luck, so please do not put argument that only best and qualified people get GC.
Employers will be restricted in applying for GC for very qualified employees only in the period of recession. This happened with companies like CSCO etc in2001. wherein many of my friends left the company because cisco was barred from applying for GC after mass layoffs. But then after a year or so they started applying again. If you are referring to such scenarios, I would recommend patience because the immigrant per se is extremely well talented.
I don't think it matters, but I am from college based in Kharagpur WB.
In my opinion it does not. But be careful in this forum though. People may view your statement as egotistic.
Have a good day!
Where did you get that 80k number? You think 80k is good salary for that job, someone else may say 65k, I may say 90k. The salary, among other things, is determined by market forces. If you can't find enough people with xyz then company will be forced to offer more.
As long as there are people who are ready to work on salary 52k (example), employer will not pay 70k. As long as employer is following all the legal requirements, no one can dictate salary for the job.
I agree that the employer will pay the salary that is cosummate with the market. No well meaning employer will undercut to save a few pennies at the risk of losing out on quality.
What if the market pay scales are distorted through pervasive fraud ? If you look at it from an employer's view, it gets murkier. Believe it or not, low cost always signal lower quality. Trust me this is marketing 101. Google low cost and the perceptive signals. It is truly tough for the employer to trust the low cost employee's skillset.
Now the distortion comes into play when outsourcing companies flout rules and undercut the market through pervasive fraud. Like other industries such as manufacturing/agriculture etc, IT wages are destined to decline but not at this rate. The acceleration in the decline of wages is perpetuated by these scum outsourcing companies. If the decline in wages were let to decline at the speed of market, then it gives talented people time to upgrade skills or move to other industries without having to sacrifice quality of living. So per your argument, yes the end employer is following the rules by employing people from the outsourcing company because the employer does not know or looks the other way of the outsourcing company commiting pervasive fraud. Oh BTW that 80K number was just to highlight that the L1s should be paid high too. It was not based on any scientific or statistical evidence.
I am a US citizen of Indian origin with background in Computer Science, Finance, and Business Laws. I have been in this country for 11+ years and I have seen so many changes in tech world. Nobody talks of sign-on bonus on H1B anymore. I am dot net architect and I am seeing lot of competition for jobs and this is causing downtrend pressure on salary. But, instead of, blaming someone else for the competition, I am taking it head on. We need to keep working on our skillset and employer will pay the salary. Like they say, for the right candidate salary is not a constraint.
I agree with you on the above points. You are doing the right thing in not blaming others for the downtrend in salaries. However, you are fundamentally assuming that you would have enough time to upgrade and adapt. What if that assumption falls apart ? What if outsourcign companies hit your employer with people with your skillsets at abysmal prices through fraud ? Today many companies do not look into the long term but make short term decisions. They may prefer the loss in quality for the "immediate" cost savings. It may take time for them to realize their follies. In trading, they say that a trader needs to have enough juice to survive the market irrationality. In a similar vein, if you have the wherewithal to survive the employer's short term irrational decisions, then more power to you.
Let us not forget our struggling days of H1. The least, we can do, is to encourage our fellow immigrants who are waiting for their green cards.
That is exactly the reason I am here. I want to encourage the truly deserving. I dont know who the truly deserving are on this board. But they know themselves. My encouragement is for them is to ensure that they dont get bogged psychologically despite being immensely talented.
.
gauravster
05-29 05:08 PM
I agree that we need to be united. But does that mean we just accept people abusing EB1?
Dont you think it is unfair to people who have waited for all these years?
If more people start abusing EB1, then there will be no visa numbers for EB2/EB3.
When EB1 abuse is stopped, It may not get all of us GC, but atleast some of us could get GC.
We need to fix the problem of too few visa numbers available to I/C. If the waits in EB2/3 are not long, there is no reason there will be any significant abuse of EB1 visas. You are targetting a mosquito and ignoring the elephant in the room.
Dont you think it is unfair to people who have waited for all these years?
If more people start abusing EB1, then there will be no visa numbers for EB2/EB3.
When EB1 abuse is stopped, It may not get all of us GC, but atleast some of us could get GC.
We need to fix the problem of too few visa numbers available to I/C. If the waits in EB2/3 are not long, there is no reason there will be any significant abuse of EB1 visas. You are targetting a mosquito and ignoring the elephant in the room.
2011 clement chabert
nozerd
05-11 09:41 AM
pmt = payment
Government sends you a check every month for each child you have.
Here is an excellent calculator to estimate your Canadian income taxes.
http://www.ey.com/GLOBAL/content.nsf/Canada/Tax_-_Calculators_-_2006_Personal_Tax
Canada has something called RRSP which works the same way as a 401 K plan. However in an RRSP you can actually withdraw funds without penalty upto 50% of your account for purchasing your fiorst home ( In US you can only take loan not wiothdrawl).
Also Canada doesnt allow jopint filing of taxes for married couples. Each spouse has to individually file taxes per my understanding.
Government sends you a check every month for each child you have.
Here is an excellent calculator to estimate your Canadian income taxes.
http://www.ey.com/GLOBAL/content.nsf/Canada/Tax_-_Calculators_-_2006_Personal_Tax
Canada has something called RRSP which works the same way as a 401 K plan. However in an RRSP you can actually withdraw funds without penalty upto 50% of your account for purchasing your fiorst home ( In US you can only take loan not wiothdrawl).
Also Canada doesnt allow jopint filing of taxes for married couples. Each spouse has to individually file taxes per my understanding.
more...
JA1HIND
02-13 07:37 AM
How about everyone who came up with this idea on this thread. Why should IV core or murthy or someone do this ?
Does any one on this forum happen to know an approximate dollar amount that would cost for if we (IV team) is planning to proceed further with this class action law suite on USCIS?? the reason I am asking for is if we have known dollar amount/target amount in hand it makes it easy for all to start contributing towards this target amount and proceed further with law suite.
I am sure someone on IV team would create a separate bucket for this specific class action law suite task and keep track of amount that's been collected...
Yes, I totally support this class action suite and also willing to support as mush as I can financially....
Does any one on this forum happen to know an approximate dollar amount that would cost for if we (IV team) is planning to proceed further with this class action law suite on USCIS?? the reason I am asking for is if we have known dollar amount/target amount in hand it makes it easy for all to start contributing towards this target amount and proceed further with law suite.
I am sure someone on IV team would create a separate bucket for this specific class action law suite task and keep track of amount that's been collected...
Yes, I totally support this class action suite and also willing to support as mush as I can financially....
conchshell
07-29 02:50 PM
Well, I think the scenario is different. It is somewhere inbetween those two thought processes:
1. They are counting on CP case; but not much. If you look in the past stats about EB cases processed via CP, it is usually a very small number (and this would just make sense: if you are doing EB green card, you will be working in US and will do AOS). CP cases can not be more than several hundreds.
2. The major hopes DOS has is on USCIS to process large number of cases. And they ARE capable of doing so; but only RANDOMLY (not in the order of PD or FIFO or anything like that). It is very unlikely that DOS will let USCIS waste any visa numbers. Because it is DOS's responsibility, not USCIS's. And that was main reasoning behind July Fiasco; where DOS wanted to prove that it is not DOS but USCIS who is responsible for the wastage (remember, there were some 60000 visa numbers unused at that time). This time, they are playing the game of "cooperation". DOS will advance dates only till USCIS can handle (not everything Current); and in exchange USCIS will use up all the numbers.
If USCIS can not show that they have used up at least 75% (or something in that range) of the remaining visa numbers (which are probably in the range predicted in this thread giver or take few thousands) by mid august, DOS will further advance dates in sept. If USCIS shows that they used up most of the numbers, dates may go back. It would not matter what the dates are in sept as the end result is the same: all the remaining visa numbers will be used (probably randomly) to people with PDs upto mid 2006.
I do not buy the "CP using numbers" theory from Ron or Murthy. It is all about allowing USCIS to use the numbers randomly and let them pick the "low hanging fruits" (as they usually like).
For the next fiscal year, they will move dates back to mid 2004 (just a wild guess), but I dont think it matters any way...(till the end of the fiscal year). USCIS will probably go in hibernation again till the last quarter of next year and the date will advance again dramatically (may be upto 2008) to let them use all the left over/spilled numbers.
I think that its a reasonable analysis.
1. They are counting on CP case; but not much. If you look in the past stats about EB cases processed via CP, it is usually a very small number (and this would just make sense: if you are doing EB green card, you will be working in US and will do AOS). CP cases can not be more than several hundreds.
2. The major hopes DOS has is on USCIS to process large number of cases. And they ARE capable of doing so; but only RANDOMLY (not in the order of PD or FIFO or anything like that). It is very unlikely that DOS will let USCIS waste any visa numbers. Because it is DOS's responsibility, not USCIS's. And that was main reasoning behind July Fiasco; where DOS wanted to prove that it is not DOS but USCIS who is responsible for the wastage (remember, there were some 60000 visa numbers unused at that time). This time, they are playing the game of "cooperation". DOS will advance dates only till USCIS can handle (not everything Current); and in exchange USCIS will use up all the numbers.
If USCIS can not show that they have used up at least 75% (or something in that range) of the remaining visa numbers (which are probably in the range predicted in this thread giver or take few thousands) by mid august, DOS will further advance dates in sept. If USCIS shows that they used up most of the numbers, dates may go back. It would not matter what the dates are in sept as the end result is the same: all the remaining visa numbers will be used (probably randomly) to people with PDs upto mid 2006.
I do not buy the "CP using numbers" theory from Ron or Murthy. It is all about allowing USCIS to use the numbers randomly and let them pick the "low hanging fruits" (as they usually like).
For the next fiscal year, they will move dates back to mid 2004 (just a wild guess), but I dont think it matters any way...(till the end of the fiscal year). USCIS will probably go in hibernation again till the last quarter of next year and the date will advance again dramatically (may be upto 2008) to let them use all the left over/spilled numbers.
I think that its a reasonable analysis.
more...
eb3retro
07-30 04:40 PM
Lot of Amway guys are hiding among us.
There are lot of Amway guys on this thread making fun of Amway because they fear being ridiculed. But in their real lives they are actually doing Amway business and catching other desis in Walmarts.
This explains why I got so many reds and bad comments after starting this thread.
here you go..this dude is back ranting again..
There are lot of Amway guys on this thread making fun of Amway because they fear being ridiculed. But in their real lives they are actually doing Amway business and catching other desis in Walmarts.
This explains why I got so many reds and bad comments after starting this thread.
here you go..this dude is back ranting again..
2010 Chabert en particulier.
cps060
04-04 11:00 AM
Please let me know if anyone has done this before or you know what the procedure is.
What are your options if the Canadian PR expires (go to CA get PR and come back to US) and you are still in the US ? OR say you are in your 4th/5th year of CA PR and then you then desire to go to CA, can you re-apply for the Canadian PR ? If you can, what is the procedure .... ?
Anyone who know abt this, please respond.
What are your options if the Canadian PR expires (go to CA get PR and come back to US) and you are still in the US ? OR say you are in your 4th/5th year of CA PR and then you then desire to go to CA, can you re-apply for the Canadian PR ? If you can, what is the procedure .... ?
Anyone who know abt this, please respond.
more...
whatamidoinghere
02-22 04:26 AM
Looks like lot of data is available for us to crunch on:
Labor certifications from 2000 to 2006
http://www.flcdatacenter.com/CasePerm.aspx
H1Bs issued from 2002 to 2006
http://www.flcdatacenter.com/CaseH1B.aspx
Hopefully using this data we can get some rough prediction on cutoff date movement. I'm going to spend the coming weekend on this.
Labor certifications from 2000 to 2006
http://www.flcdatacenter.com/CasePerm.aspx
H1Bs issued from 2002 to 2006
http://www.flcdatacenter.com/CaseH1B.aspx
Hopefully using this data we can get some rough prediction on cutoff date movement. I'm going to spend the coming weekend on this.
hair Música: Bruno Coulais
sbabunle
08-03 03:16 PM
Hello shree19772000
There is a proposal to stop labor substitution which was
put for public comments. It was like a few months ago. If they finalize it, labor substitution will be completely eliminated. But I'm not sure of the timeline of this.
babu
There is a proposal to stop labor substitution which was
put for public comments. It was like a few months ago. If they finalize it, labor substitution will be completely eliminated. But I'm not sure of the timeline of this.
babu
more...
nozerd
09-30 01:22 PM
Well we are Indian citizens so we would have to carry passport anyway. What you mention is only a concern for Canadian nationals and that too they dont need visa. They only need passport for ID instead of DL.
hot Chabert Jean-Paul Bonnaire .
msp1976
02-18 10:12 PM
I understand that there is concern about people from visitor visa category (Tourist B1 B2)would be filing for green cards and that shall cause the retrogression to be perpetual...a few adjustments to the applicable statute can rectify that...
more...
house 用户评论; 详细内容
chintanop
07-03 04:21 PM
Hi all,
Regarding the recent goofup by USCIS, please rate this story
http://digg.com/politics/No_July_4th_Celebrations_for_Highly_Skilled_Future _Americans/who
if this receives more than 100 users rating for the story in next 5-10 hours - it would be displayed on the first page. Digg.com is read by hundreds of thousands of web users and there is high chance of getting picked by main stream media.
Note that you ll have to signup as digg.com member to rate it - it ll just take 30 secs of your time.
Sorry I wasn't able to submit the official IV prlog.com url since it is not accepted by Digg.
thanks.
Regarding the recent goofup by USCIS, please rate this story
http://digg.com/politics/No_July_4th_Celebrations_for_Highly_Skilled_Future _Americans/who
if this receives more than 100 users rating for the story in next 5-10 hours - it would be displayed on the first page. Digg.com is read by hundreds of thousands of web users and there is high chance of getting picked by main stream media.
Note that you ll have to signup as digg.com member to rate it - it ll just take 30 secs of your time.
Sorry I wasn't able to submit the official IV prlog.com url since it is not accepted by Digg.
thanks.
tattoo Les Choristes | 2004 | Dvdrip
nomi
09-29 11:00 AM
I got my Canadian PR and I have to land before 3/12/2007. My H1 B VISA STAMP expired on
8/30/2006. I got approval from another three years from USCIS but I need to go for visa stamping. I don`t want to go for US Visa stamping coz last time it took my one month for all background checks. I am avoiding for US Visa Stamping but I want to land in Canada in order to secure my Canadian PR.So any I use automatic revalidation provision of 22 CFR � 41.112(d) and come back with valid I-94 and without H1 B visa stamp from US consulate
http://travel.state.gov/visa/laws/telegrams/telegrams_1441.html#
Any one can help or guide me what is safe to do ?
Thanks
8/30/2006. I got approval from another three years from USCIS but I need to go for visa stamping. I don`t want to go for US Visa stamping coz last time it took my one month for all background checks. I am avoiding for US Visa Stamping but I want to land in Canada in order to secure my Canadian PR.So any I use automatic revalidation provision of 22 CFR � 41.112(d) and come back with valid I-94 and without H1 B visa stamp from US consulate
http://travel.state.gov/visa/laws/telegrams/telegrams_1441.html#
Any one can help or guide me what is safe to do ?
Thanks
more...
pictures Les Choristes | 2004 | Dvdrip
unseenguy
05-29 11:50 AM
Yeah, but your 60k only includes AOS, not CP, right?
There are very very few CP applicants from India.
There are very very few CP applicants from India.
dresses Les Choristes | Koro | 2004
NKR
02-14 09:17 AM
Sorry for pasting the below post in the wrong thread, but I thought that people not residing in MI will have the tendency to by pass the thread that WD's post was in. I felt that we need to recognize and appreciate the efforts of people who worked towards this issue. If I remember right, Mark, WD and others took their time off to testify in state senate.
Immigration Voice in Detroit News
--------------------------------------------------------------------------------
http://www.detnews.com/apps/pbcs.dll...802140325/1008
"One member of Immigration Voice, a group of foreign-born professionals in the United States, describes how he came to America in 1999 as an international student and was later hired on an H-1B temporary visa. His green card application has been pending for years. He has not visited his home country for five years and recently moved to Michigan from Missouri for work reasons.
"My Missouri license will expire in days, and I can't get a Michigan driver's license. I can't walk 11 miles to work in this cold weather, since there is no bus service and I can't take time off to go to my home country" to attempt to obtain an "international" driver's license."
__________________
MI Chapter testimony in State Senate ( Driving License issue) - http://www.youtube.com/watch?v=lAcgeyjZ3qY
Immigration Voice in Detroit News
--------------------------------------------------------------------------------
http://www.detnews.com/apps/pbcs.dll...802140325/1008
"One member of Immigration Voice, a group of foreign-born professionals in the United States, describes how he came to America in 1999 as an international student and was later hired on an H-1B temporary visa. His green card application has been pending for years. He has not visited his home country for five years and recently moved to Michigan from Missouri for work reasons.
"My Missouri license will expire in days, and I can't get a Michigan driver's license. I can't walk 11 miles to work in this cold weather, since there is no bus service and I can't take time off to go to my home country" to attempt to obtain an "international" driver's license."
__________________
MI Chapter testimony in State Senate ( Driving License issue) - http://www.youtube.com/watch?v=lAcgeyjZ3qY
more...
makeup Photo de classe les choristes
kumjay
06-27 01:04 PM
I would love to ask Lou Dobbs the same question!!
Three facts, followed by one interpretation.
First: several members (incl self) have checked with their own lawyers and these lawyers tend to agree with the common interpretation of validity for entire month. And at least some of these are lawyers with many years of practice.
Second: Fragomen, the largest immigration law firm, on its website mentions the mid-month possibility; so while there is no government source, the whole topic cannot be dismissed as an unfounded rumor.
Third: Macaca keeps cutting and pasting from the ombudsman's report in many different colors.
My interpretation:
The mid-month concept seems to be a matter of opinion. Multicolor posts notwithstanding, there's nothing official on this matter so far. (I emailed the state department seeking an answer; not surprisingly, I haven't heard back. If anyone else can get something from the horse's mouth, then post it here. If you can get stuff only from the other end of the horse, then maybe there's isn't much pointing in driving a general panic.)
Three facts, followed by one interpretation.
First: several members (incl self) have checked with their own lawyers and these lawyers tend to agree with the common interpretation of validity for entire month. And at least some of these are lawyers with many years of practice.
Second: Fragomen, the largest immigration law firm, on its website mentions the mid-month possibility; so while there is no government source, the whole topic cannot be dismissed as an unfounded rumor.
Third: Macaca keeps cutting and pasting from the ombudsman's report in many different colors.
My interpretation:
The mid-month concept seems to be a matter of opinion. Multicolor posts notwithstanding, there's nothing official on this matter so far. (I emailed the state department seeking an answer; not surprisingly, I haven't heard back. If anyone else can get something from the horse's mouth, then post it here. If you can get stuff only from the other end of the horse, then maybe there's isn't much pointing in driving a general panic.)
girlfriend Les Choristes est un film
kittu1991
05-01 03:06 PM
When did Srilankan Tamilians become Indian citizens??? also India should make sure that terrorists organisation like LTTE is wiped out from the face of earth weather its in Srilanka, Afganistan or Pakistan... gone are the days when these thugs where called 'freedom fighters' .. they are a terrorist organisation and should be treated in that manner.
Exactly...
Exactly...
hairstyles 【放牛班的春天】Les Choristes
gc28262
01-16 06:14 PM
http://www.murthy.com/news/n_repatt.html dated March 2006
I discussed the matter of the Consular section requiring end-user client (http://immigrationvoice.org/forum/#) letters. Many H1B employers and employees, as well as several AILA attorneys, have approached me as well as the Murthy Law Firm, inquiring about this. The matter deals with the fairly recent requests for letters from supervisors of the end-user clients. These requests require the end users to outline the nature of the job to be performed by the H1B visa candidate, provide details of where the candidate will work, the length of the project, and the need for a specific H1B employee by name and other details. Unfortunately, most end-user clients are not willing to comply with such an onerous request. The very reason for the end-user client to hire an outside consulting company is to minimize the burden of administrative or HR responsibilities. Moreover, the law does not require such detailed letters for the issuance of H1B visas.
�MurthyDotCom
I respectfully summarized the position of many of you, our clients or those using candidates who apply for the H1B visa at Chennai, as follows.
End-user clients generally will not issue letters to the consulate, as they do not wish to get involved with the H1B process. The very nature of the employment relationship, when hiring through consulting companies, is to avoid or minimize the work related to hiring candidates.
Employers who sign the H1B documents do so under penalty of perjury and must pay the required prevailing wage, irrespective of whether they have assignments for the H1B candidates. The employer may decide to send the candidate back to his/her home country if enough assignments cannot be found.
Legacy INS (now USCIS) raised many similar issues, in the early- to mid-1990s, regarding the length and nature of the projects in the U.S., timetable of assignments, and the H1B employer�s ability to pay the required prevailing wage. Senior Legacy INS officials from headquarters in Washington DC addressed the concerns of those examiners by pointing out that the law does not permit them to investigate a U.S. employer�s ability to hire H1B employees. The USCIS is bound by memos and policy guidance of the Legacy INS. After that memo, Legacy INS stopped issuing lengthy RFEs on these matters.
The law does not require any such letters by end-user clients for the issuance of the H1B visas to the visa applicants.
Delays in the issuance of H1B visas cause many of the employers considerable financial (http://immigrationvoice.org/forum/#) loss and postpone the implementation of projects. This results in the additional loss of revenues and credibility with their clients, due to their inability to produce in a timely fashion the required specialty-worker candidates.
I discussed the matter of the Consular section requiring end-user client (http://immigrationvoice.org/forum/#) letters. Many H1B employers and employees, as well as several AILA attorneys, have approached me as well as the Murthy Law Firm, inquiring about this. The matter deals with the fairly recent requests for letters from supervisors of the end-user clients. These requests require the end users to outline the nature of the job to be performed by the H1B visa candidate, provide details of where the candidate will work, the length of the project, and the need for a specific H1B employee by name and other details. Unfortunately, most end-user clients are not willing to comply with such an onerous request. The very reason for the end-user client to hire an outside consulting company is to minimize the burden of administrative or HR responsibilities. Moreover, the law does not require such detailed letters for the issuance of H1B visas.
�MurthyDotCom
I respectfully summarized the position of many of you, our clients or those using candidates who apply for the H1B visa at Chennai, as follows.
End-user clients generally will not issue letters to the consulate, as they do not wish to get involved with the H1B process. The very nature of the employment relationship, when hiring through consulting companies, is to avoid or minimize the work related to hiring candidates.
Employers who sign the H1B documents do so under penalty of perjury and must pay the required prevailing wage, irrespective of whether they have assignments for the H1B candidates. The employer may decide to send the candidate back to his/her home country if enough assignments cannot be found.
Legacy INS (now USCIS) raised many similar issues, in the early- to mid-1990s, regarding the length and nature of the projects in the U.S., timetable of assignments, and the H1B employer�s ability to pay the required prevailing wage. Senior Legacy INS officials from headquarters in Washington DC addressed the concerns of those examiners by pointing out that the law does not permit them to investigate a U.S. employer�s ability to hire H1B employees. The USCIS is bound by memos and policy guidance of the Legacy INS. After that memo, Legacy INS stopped issuing lengthy RFEs on these matters.
The law does not require any such letters by end-user clients for the issuance of the H1B visas to the visa applicants.
Delays in the issuance of H1B visas cause many of the employers considerable financial (http://immigrationvoice.org/forum/#) loss and postpone the implementation of projects. This results in the additional loss of revenues and credibility with their clients, due to their inability to produce in a timely fashion the required specialty-worker candidates.
sbabunle
08-03 03:16 PM
Hello shree19772000
There is a proposal to stop labor substitution which was
put for public comments. It was like a few months ago. If they finalize it, labor substitution will be completely eliminated. But I'm not sure of the timeline of this.
babu
There is a proposal to stop labor substitution which was
put for public comments. It was like a few months ago. If they finalize it, labor substitution will be completely eliminated. But I'm not sure of the timeline of this.
babu
gondalguru
07-17 01:45 PM
Assuming that the spill overs are effected only in the last (JAS) quarter, there wont be any significant movement for EB2. Until and otherwise the supply is more than demand, EB2 will not move forward significantly.
But I wish EB2 becomes current in the near future. Correct me if i am wrong.
I think spill over will happen every quarter and EB2 I/C dates will move forward every month / two months.
http://travel.state.gov/visa/frvi/bu...etin_4252.html
See under section E.
E. EMPLOYMENT SECOND PREFERENCE VISA AVAILABILITY
There have been questions raised regarding the way numbers have been provided to the China and India in the Employment Second preference categories beginning in April. Section 202(a)(5) of the Immigration and Nationality Act states that if total demand for visas in an Employment preference category is insufficient to use all available visa numbers in that category in a calendar quarter, then the unused numbers may be made available without regard to the annual per-country limit (For example: If the second preference annual limit were 40,000, number use by “All Other Countries” were estimated to be only 25,000, and the China/India combined number use based on their per-country limits were 6,000, then there would be 9,000 numbers unused. Those 9,000 numbers could then be made available to China and India applicants without regard to their per-country limits.)
But I wish EB2 becomes current in the near future. Correct me if i am wrong.
I think spill over will happen every quarter and EB2 I/C dates will move forward every month / two months.
http://travel.state.gov/visa/frvi/bu...etin_4252.html
See under section E.
E. EMPLOYMENT SECOND PREFERENCE VISA AVAILABILITY
There have been questions raised regarding the way numbers have been provided to the China and India in the Employment Second preference categories beginning in April. Section 202(a)(5) of the Immigration and Nationality Act states that if total demand for visas in an Employment preference category is insufficient to use all available visa numbers in that category in a calendar quarter, then the unused numbers may be made available without regard to the annual per-country limit (For example: If the second preference annual limit were 40,000, number use by “All Other Countries” were estimated to be only 25,000, and the China/India combined number use based on their per-country limits were 6,000, then there would be 9,000 numbers unused. Those 9,000 numbers could then be made available to China and India applicants without regard to their per-country limits.)
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