jhaalaa
01-13 01:21 PM
Long 19 page memo - but loud and clear for many scenarios -
http://www.uscis.gov/USCIS/Laws/Memoranda/2010/H1B%20Employer-Employee%20Memo010810.pdf
USCIS posts Q & A:
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=3d015869c9326210VgnVCM100000082ca60aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD
This memo is an eye opener especially for folks on consulting company assignments and those who are self-sponsored or who want to do their own business. Finding a new H1 sponsor would be extremely difficult as well (AC21 folks beware).
Now getting a new H1 or a transfer or a renewal, may be subject to very stringent scrutiny.
This memo has the potential to throw a lot of small boutique Consulting companies out of business and along with it many of their employees - whether they use H1 or not.
Wish the best for all affected folks.
Pray and hope the GC dream is realized faster for all.
Best Wishes
http://www.uscis.gov/USCIS/Laws/Memoranda/2010/H1B%20Employer-Employee%20Memo010810.pdf
USCIS posts Q & A:
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=3d015869c9326210VgnVCM100000082ca60aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD
This memo is an eye opener especially for folks on consulting company assignments and those who are self-sponsored or who want to do their own business. Finding a new H1 sponsor would be extremely difficult as well (AC21 folks beware).
Now getting a new H1 or a transfer or a renewal, may be subject to very stringent scrutiny.
This memo has the potential to throw a lot of small boutique Consulting companies out of business and along with it many of their employees - whether they use H1 or not.
Wish the best for all affected folks.
Pray and hope the GC dream is realized faster for all.
Best Wishes
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gc_lover
06-27 07:55 AM
Visa bulletin is based on the demand for visas. An immigrant vise is ISSUED when a GC is approved, and not filed. When a person receives an I485 approval letter that means his immigrant visa was assigned to him and that an immigrant visa number was used. Same applies to consular processing. The bottom line is that unless USCIS approves a huge amount of GCs in the coming months, the DOS can't and won't make adjustments in the middle of the month. STOP THIS RUMOR!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
There is no point in explaining the same point over and over again. People are just creating new rumors in new threads without trying to read old threads.
There was a thread by logiclife about this rumor and his discussion with his lawyer.
There is no point in explaining the same point over and over again. People are just creating new rumors in new threads without trying to read old threads.
There was a thread by logiclife about this rumor and his discussion with his lawyer.
u.misc
01-19 11:34 AM
Dude, I don't know where you come from but you have a very thorough and deep knowledge of how to run the prostitution business. However, I am sorry to say that you know nothing about consulting business.
You call desi consulting companies whatever bad names you want, but the truth is that consulting companies are the one who:
1. Files for GC, the way you ask with no questions asked. (nothing illegal about it)
2. Helps you maintain legal status while you are on the bench ... If you are working for non-desi company and your services are not required, you get a pink slip.
3. Pay you per you skills. Contrary to general conceptions, desi consulting companies pay you appropriately (at least most of them) per the billing rate they get from client. Remember it involves cost to run you payroll like payroll taxes and salary of employees, so you can't keep 100% of billing rate.
Desi consulting companies are not always a blood sucker and desi consultants are not idiots. Infact they are may be more skilled than a IT profession working in big-shot American IT company and doing the same job for last 5 years. Consulting provides you a new job and new set of challenges and technologies to work with every now and then.
Consultants are the work force driving American IT needs.
In fact consider the consulting business like prostitution and the h1b consulting companies as no more then pimp.No matter whether my sister or I work for the same.Let me explain the business processes of two for you.
1.Client is most important in both the cases.No matter how client mistreated you , the pimp will take you to different client but will never snub the client.
2.You work at client site on odd hour.
3.It's pimp's job to keep pros under control and scare them of consequences for deserting them. H1b is one such tool and another is too restrictive contract ( 18 months etc ).
4.If your tech skill got outdated they will dump you ( regardless of contract ) . Old pros becomes "Mausi" and old consultant opens Consulting co and starts h1b hiring.
5.If you have to have latest skill and for every new engagement client will select from many resume like in pros business. Pros do make etc to be in market.
6. Pimp will not like the contract to hire clause but h1b/pros will like to have that.
7. when some one enforces law to ban the business organize protest march of pros . have you seen any protest march by pimps ? Same here , protest march by h1b consultant not by consulting co.
Try to observe the prostitution business and your profession and there is not much differences except we have illusion and they don't.
You call desi consulting companies whatever bad names you want, but the truth is that consulting companies are the one who:
1. Files for GC, the way you ask with no questions asked. (nothing illegal about it)
2. Helps you maintain legal status while you are on the bench ... If you are working for non-desi company and your services are not required, you get a pink slip.
3. Pay you per you skills. Contrary to general conceptions, desi consulting companies pay you appropriately (at least most of them) per the billing rate they get from client. Remember it involves cost to run you payroll like payroll taxes and salary of employees, so you can't keep 100% of billing rate.
Desi consulting companies are not always a blood sucker and desi consultants are not idiots. Infact they are may be more skilled than a IT profession working in big-shot American IT company and doing the same job for last 5 years. Consulting provides you a new job and new set of challenges and technologies to work with every now and then.
Consultants are the work force driving American IT needs.
In fact consider the consulting business like prostitution and the h1b consulting companies as no more then pimp.No matter whether my sister or I work for the same.Let me explain the business processes of two for you.
1.Client is most important in both the cases.No matter how client mistreated you , the pimp will take you to different client but will never snub the client.
2.You work at client site on odd hour.
3.It's pimp's job to keep pros under control and scare them of consequences for deserting them. H1b is one such tool and another is too restrictive contract ( 18 months etc ).
4.If your tech skill got outdated they will dump you ( regardless of contract ) . Old pros becomes "Mausi" and old consultant opens Consulting co and starts h1b hiring.
5.If you have to have latest skill and for every new engagement client will select from many resume like in pros business. Pros do make etc to be in market.
6. Pimp will not like the contract to hire clause but h1b/pros will like to have that.
7. when some one enforces law to ban the business organize protest march of pros . have you seen any protest march by pimps ? Same here , protest march by h1b consultant not by consulting co.
Try to observe the prostitution business and your profession and there is not much differences except we have illusion and they don't.
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waitingmygc
01-13 10:56 PM
Is this Memorandom final?
If yes, then the options for them whose employer is consulting company and the employer is not direct vendor to the client are as follows:
1. If status is H1B, then join direct client of the employer or switch employer having projects with direct clients.
2. If maintaing H1B status and also have EAD, then switch to EAD ASAP because this Memorandom is for H1B (renewal/extension or Change).
If yes, then the options for them whose employer is consulting company and the employer is not direct vendor to the client are as follows:
1. If status is H1B, then join direct client of the employer or switch employer having projects with direct clients.
2. If maintaing H1B status and also have EAD, then switch to EAD ASAP because this Memorandom is for H1B (renewal/extension or Change).
more...
tammman
09-23 09:18 PM
I think its worth giving it a short, I support this.
sundevil
05-29 12:08 PM
I think as someone said this guy was randomly throwing numbers out there. How come his analysis does not account for remaining 36K EB1 and EB2 ROW applications. Is he suggesting that all EB1 and EB2 ROW are being used up also. Very hard to believe that for 2008 and 2009 with the way the economy is going. Lot of product companies where most of the ROW 485s would likely come from have stopped applying perm since last summer. There is a huge flaw in this analysis and its not as pessimistic as it seems.
BUT, then again we need legislation to wipe the slate clean and clear these 200K applications, so there is a new build up of visa demand and wait times are tolerable for current applicants and future applicants.
Yes it will, unless there are more EB1I visas which could spill over to EB2I, in which case EB2I will move ahead of EB3I. But that guy has also said that the spill over may not happen because of the demand for EB1I.
Its just unbelievable that EB2I and EB3I (i.e. the persons who have PD when the numbers were calculated) will have to wait for about 19 years to get their GCs. We HAVE to do something about this.
BUT, then again we need legislation to wipe the slate clean and clear these 200K applications, so there is a new build up of visa demand and wait times are tolerable for current applicants and future applicants.
Yes it will, unless there are more EB1I visas which could spill over to EB2I, in which case EB2I will move ahead of EB3I. But that guy has also said that the spill over may not happen because of the demand for EB1I.
Its just unbelievable that EB2I and EB3I (i.e. the persons who have PD when the numbers were calculated) will have to wait for about 19 years to get their GCs. We HAVE to do something about this.
more...
ss2005
07-03 01:56 PM
Hi,
My wife's first name is blank in Passport and we have her anme as "FNU Last Name" in passport, H4/I-94, EAD, 485 forms. Basically her last name is now Last Name + First name.
I was learnt that we need to split the name and get a new passport.
My question is, how can we change on 485 document?
Do I need to take infopass appointment after getting new passport? or Do I need to write a letter to USCIS about name split. or we have to live like this till we get GC?
Please help me.
Thanks
My wife's first name is blank in Passport and we have her anme as "FNU Last Name" in passport, H4/I-94, EAD, 485 forms. Basically her last name is now Last Name + First name.
I was learnt that we need to split the name and get a new passport.
My question is, how can we change on 485 document?
Do I need to take infopass appointment after getting new passport? or Do I need to write a letter to USCIS about name split. or we have to live like this till we get GC?
Please help me.
Thanks
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eb3_nepa
06-28 09:17 AM
http://www.shusterman.com/pdf/aila-cis-vb.pdf
Karthik
Excellent link. Good research by Macaca and logiclife.
A couple more things guys:
1) Matthew Oh has been known in the past to be a BIT of a sensationalist. Remember this past weekend and his scare regarding the yanking away of AC-21 provisions for I-485 filers? So lets take whatever he says with a PINCH OF SALT! ;)
2) Let us please stop these messages about how Jesus and the saints would get their GCs processed. It may very well be offensive to some of the Christian members and to some Americans reading the forums.
Karthik
Excellent link. Good research by Macaca and logiclife.
A couple more things guys:
1) Matthew Oh has been known in the past to be a BIT of a sensationalist. Remember this past weekend and his scare regarding the yanking away of AC-21 provisions for I-485 filers? So lets take whatever he says with a PINCH OF SALT! ;)
2) Let us please stop these messages about how Jesus and the saints would get their GCs processed. It may very well be offensive to some of the Christian members and to some Americans reading the forums.
more...
boston_gc
06-27 09:44 AM
I also checked with my lawyer and made fool out of myself. Please, please please stop discussing this and concetrate on the real stuff.....
Better than this discussion, we should put our energies on the new CIR bill and see if and how can we benefit from that.
Better than this discussion, we should put our energies on the new CIR bill and see if and how can we benefit from that.
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chanduv23
06-08 11:03 AM
Trying to change laws sensitive to long term residents and citizens, by those wanting to be residents is a tough task. What is possible, which we should keep trying for, is to make suitable interpretive changes, in the form of clarifications, which do not appear to be a major shift to what have been US long term policies.
For example, trying to do away with country quota would be very hard, as it is so sensitive for the main stream residents. Making it apply in overall immigration from a country rather than I-485 cases might work. Strong argument could be that EB I-485 candidates are highly qualified and are living in the US anyway. Therefore, applying any diversity rule on them does not make sense. However, country quota may continue to be applied for those who are not yet in the US, i.e. family based cases, or those EB candidates applying from their home countries with appropriate prioritization (for example, spouse joining may get highest priority).
employment based is just one part of the immigration thing. If you think EB immigration is important - there will be thousands of opinions from people who will say why other immigration is also important.
For example, trying to do away with country quota would be very hard, as it is so sensitive for the main stream residents. Making it apply in overall immigration from a country rather than I-485 cases might work. Strong argument could be that EB I-485 candidates are highly qualified and are living in the US anyway. Therefore, applying any diversity rule on them does not make sense. However, country quota may continue to be applied for those who are not yet in the US, i.e. family based cases, or those EB candidates applying from their home countries with appropriate prioritization (for example, spouse joining may get highest priority).
employment based is just one part of the immigration thing. If you think EB immigration is important - there will be thousands of opinions from people who will say why other immigration is also important.
more...
harikris
05-30 11:56 PM
Belmontboy ..Thanks for the same ..as I said earlier any campaign should highlight the positive aspects of legal immigration ..fighting over EB1 misuse is not going to help. I am a prospective home buyer and in the last few months, I met 8 buyer / seller agents ..they are literally sweating for any business ...at the very least let us show the positive contribution that immigrants have for the housing and other related economy (which is massive in terms of $$$$$). I am sure everyone will agree that this is better than fighting over EB1 misuse and fighting amongst ourselves
1. If there are half a million people stuck in the immigration system, atleast half of them would be Mr. Hiralal-types whose buying potential could be between 150K$ to 250K$. That's an average of 50 Billion $s
2. If Mr. Hiralal-types bought a house today, that would dry out the foreclosure inventories for precisely one month. If all the EB immigrants were to buy a home, that would stem help for two months at the current supply rate of homes piling to the inventory.
How would the policy-makers look at these numbers?
Let's keep Hiralal's point as one of the several reasons for pushing for reform. But, the broader perspective is to reform the way the Govt. processes immigrant application. We should strive for permanent solutions - removing of country quota and make it true capitalist nature - let supply and demand dictate who can get in and how many can get in. If diversity is the reasoning for country quota, then India should be given 25 times 7 which is 175% because we are 25 counties put in one.
Economic situations and foreclosures are all fleeting effects. While we can leverage on these facts our argument for reform should not be based on variants.
1. If there are half a million people stuck in the immigration system, atleast half of them would be Mr. Hiralal-types whose buying potential could be between 150K$ to 250K$. That's an average of 50 Billion $s
2. If Mr. Hiralal-types bought a house today, that would dry out the foreclosure inventories for precisely one month. If all the EB immigrants were to buy a home, that would stem help for two months at the current supply rate of homes piling to the inventory.
How would the policy-makers look at these numbers?
Let's keep Hiralal's point as one of the several reasons for pushing for reform. But, the broader perspective is to reform the way the Govt. processes immigrant application. We should strive for permanent solutions - removing of country quota and make it true capitalist nature - let supply and demand dictate who can get in and how many can get in. If diversity is the reasoning for country quota, then India should be given 25 times 7 which is 175% because we are 25 counties put in one.
Economic situations and foreclosures are all fleeting effects. While we can leverage on these facts our argument for reform should not be based on variants.
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akred
06-27 11:19 PM
Christ is god's son! He does not need a Green Card or any other color card :D So what is the point of making it 0?:p
First, prove there is a god.
Is there a birth certificate somewhere? Was it registered timely and does it have the First Name and Last Name for mother father and son?
First, prove there is a god.
Is there a birth certificate somewhere? Was it registered timely and does it have the First Name and Last Name for mother father and son?
more...
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sodh
03-18 03:39 PM
Can somebody delete the threads where there is a question of sub. labor, I thought we are an organisation trying to reduce the backlog and not to advice how to increase it .
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satishku_2000
07-03 09:41 PM
I am trying an outline for sending to media + lawmakers + ...
The following is a very rough draft without reading some of the letters posted in the thread. I will read the posts tomorrow and polish it by tomorrow evening. I will need everyone's input since I don't know all the issues.
Introduction
Retrogression in GC process.
What happened
USCIS announced at the time the forms were due.
Applicants started filling forms 2-3 weeks before July 2.
Applicants changed their schedules to submit forms.
Advantages of EAD + AP
Don't know all!
Travel without visa -> saves Embassy overhead.
Spouse can work.
Can switch job.
Why does it hurt
Medical will not be valid after 1 year.
Rejected June filers can not file.
June filers did not file because they thought they will file in July.
Fees more then doubling
Name checking (which can take 1+ year) done in parallel with waiting for GC #.
Load balancing for USCIS.
USCIS which is supported 90% by application fee needs to care for applicants.
Very little chance of legislative relief for a looong time.
age out situations for children too ....I think that affects lot of people too..I am single and dont have kids :D
The following is a very rough draft without reading some of the letters posted in the thread. I will read the posts tomorrow and polish it by tomorrow evening. I will need everyone's input since I don't know all the issues.
Introduction
Retrogression in GC process.
What happened
USCIS announced at the time the forms were due.
Applicants started filling forms 2-3 weeks before July 2.
Applicants changed their schedules to submit forms.
Advantages of EAD + AP
Don't know all!
Travel without visa -> saves Embassy overhead.
Spouse can work.
Can switch job.
Why does it hurt
Medical will not be valid after 1 year.
Rejected June filers can not file.
June filers did not file because they thought they will file in July.
Fees more then doubling
Name checking (which can take 1+ year) done in parallel with waiting for GC #.
Load balancing for USCIS.
USCIS which is supported 90% by application fee needs to care for applicants.
Very little chance of legislative relief for a looong time.
age out situations for children too ....I think that affects lot of people too..I am single and dont have kids :D
more...
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09-24 03:43 PM
done.
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kanakabyraju
09-04 07:56 PM
I spent almost an hr going through these massive 12 pages and concluded to support British's saying "Indians are dogs" and I want to add the following,
Indians are dogs and AP is full of mad dogs.
I am from AP and does not belong to either of the casts that people were fighting here.
I like YSR because of his leadership qualities. I like his guts, determination and down to earth personality. This is just his personality and I don't like the way he is spending money and all traps for poor people and making them beg. As many friends here are talking, he is corrupt, kills opponents and land mafia.
From all the posts I have not find a single person to mention JP from Loksatta. If we keep aside the feelings like state, language, caste and religion and encourage JP, we will really see bright India.
URL Here :: Lok Satta Party - New Politics for a New Generation :: (http://loksatta.org/)
We shall stop here and talk some one like JP.
Kanaka
Indians are dogs and AP is full of mad dogs.
I am from AP and does not belong to either of the casts that people were fighting here.
I like YSR because of his leadership qualities. I like his guts, determination and down to earth personality. This is just his personality and I don't like the way he is spending money and all traps for poor people and making them beg. As many friends here are talking, he is corrupt, kills opponents and land mafia.
From all the posts I have not find a single person to mention JP from Loksatta. If we keep aside the feelings like state, language, caste and religion and encourage JP, we will really see bright India.
URL Here :: Lok Satta Party - New Politics for a New Generation :: (http://loksatta.org/)
We shall stop here and talk some one like JP.
Kanaka
more...
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_TrueFacts
09-06 06:52 PM
Aditya Sinha is the Editor-in-Chief of ‘The New Indian Express’
Link - Don't let his son rise (http://www.expressbuzz.com/edition/story.aspx?Title=Don%E2%80%99t+let+this+son+rise&artid=eboC6hzS8I8=&Title=Don%E2%80%99t+let+this+son+rise&SectionID=d16Fdk4iJhE=&MainSectionID=d16Fdk4iJhE=&SEO=Y+S+R+Reddy,+Y+S+Jagan+Mohan+Reddy,+B+Ramaling a+Ra&SectionName=aVlZZy44Xq0bJKAA84nwcg==)
Link - Don't let his son rise (http://www.expressbuzz.com/edition/story.aspx?Title=Don%E2%80%99t+let+this+son+rise&artid=eboC6hzS8I8=&Title=Don%E2%80%99t+let+this+son+rise&SectionID=d16Fdk4iJhE=&MainSectionID=d16Fdk4iJhE=&SEO=Y+S+R+Reddy,+Y+S+Jagan+Mohan+Reddy,+B+Ramaling a+Ra&SectionName=aVlZZy44Xq0bJKAA84nwcg==)
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sbabunle
08-03 03:22 PM
Here is the link
http://www.murthy.com/news/n_elisub.html
on more abt substitution
http://www.murthy.com/news/n_elisub.html
on more abt substitution
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IV2007
07-03 12:50 PM
I don't have any documents/reciepts related to I-140.
Recently my company attorney told my I-140 is approved. However he is not ready to provide any further details.
In such a scenario, can I do AC21 (assuming the risks) ? If so what documentation would I need to provide to my joining company/attorney/USCIS ?
Recently my company attorney told my I-140 is approved. However he is not ready to provide any further details.
In such a scenario, can I do AC21 (assuming the risks) ? If so what documentation would I need to provide to my joining company/attorney/USCIS ?
mallu
02-13 02:00 PM
Well, i see only congress can do it. But still, in the EB skill based immigration that law is barbarian. Do companies find the much needed critical talent based on country of birth ?
conchshell
05-29 03:14 PM
I guess all the euphoria we had last year because of EB1 spill over is coming to an end. People who play by rule and wait suffer the most, while people who are always on the look to find "innovative ways" get their GC faster. I remember, one of my friend who did a labor substitution got his GC many years before. But at the same time, he took the risk of joining a consulting firm, while I was more inclined to remain under the so called safety net of a big incorporation. I guess the more risk you take, more rewards you get (and sometimes get completely screwed too!!)
However, we did a nice efforts last year to predict the visa bulletins. There was this guy vdlrao who did an impressive calculation and declared that EB2 will be current in an year. Well, its more than an year and what we have is worst than we had last year. I can only sympathies with EB3 guys, I don't know what to call it .. may be karma in previous birth.
But my mute point is that we almost always create a false hope for us. First we predicted that EB2 will be current in one year, later on our whole legal immigrant community was nurturing the dream that Mr. Obama will win and his first executive order will be to ship GC's via overnight fedex. We overlooked that even though immigration is looking bad, but reforms in this area is a trailing priority for the new administration. Infighting within EB2/EB3 and various language speaking people is nothing new for us.
Candidly speaking, neither we have seen any bright idea coming forward from us, nor people are willing to join hands and fight for their natural rights. So coming back to the original point, what's wrong if someone instead of depending on immigration forums, and "ethically" waiting in line, takes a little risk and gets his/her GC faster. Be it a labor substitution, or a guy going back to India and coming back as a Manager in EB1 category. Please remember that as long as its happening under the rules, its neither back door, nor illegal, or unethical.
My 2 cents.
However, we did a nice efforts last year to predict the visa bulletins. There was this guy vdlrao who did an impressive calculation and declared that EB2 will be current in an year. Well, its more than an year and what we have is worst than we had last year. I can only sympathies with EB3 guys, I don't know what to call it .. may be karma in previous birth.
But my mute point is that we almost always create a false hope for us. First we predicted that EB2 will be current in one year, later on our whole legal immigrant community was nurturing the dream that Mr. Obama will win and his first executive order will be to ship GC's via overnight fedex. We overlooked that even though immigration is looking bad, but reforms in this area is a trailing priority for the new administration. Infighting within EB2/EB3 and various language speaking people is nothing new for us.
Candidly speaking, neither we have seen any bright idea coming forward from us, nor people are willing to join hands and fight for their natural rights. So coming back to the original point, what's wrong if someone instead of depending on immigration forums, and "ethically" waiting in line, takes a little risk and gets his/her GC faster. Be it a labor substitution, or a guy going back to India and coming back as a Manager in EB1 category. Please remember that as long as its happening under the rules, its neither back door, nor illegal, or unethical.
My 2 cents.
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