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add78
04-28 09:37 AM
It's not just 180 daysd before the application, it also includes 180 days AFTER the application.
This is the current section on 90 days period
(E)(i) In the case of an application described in clause (ii),
the employer did not displace and will not displace a United States
worker (as defined in paragraph (4)) employed by the employer within
the period beginning 90 days before and ending 90 days after the
date of filing of any visa petition supported by the application.
And the ammendment in the new bill
(1) NONDISPLACEMENT.--Subparagraph (E) of such section 212(n)(1) is amended--
(A) in clause (i)--
(i) by striking ``90 days'' both places it appears and inserting ``180 days'';
Yes, I got that already, I did not specify in my message as it is a "after the fact" requirement, i.e. I am not undermining its potential disastrous ramifications of having to force the layoff of already hired H1B if any other layoffs occur post the H1B hire, I was simply trying to focus my analysis on the impact BEFORE the H1B employee even be hired by employer or placed at client site. But yes, this applies AFTER 180 days as well.
This is the current section on 90 days period
(E)(i) In the case of an application described in clause (ii),
the employer did not displace and will not displace a United States
worker (as defined in paragraph (4)) employed by the employer within
the period beginning 90 days before and ending 90 days after the
date of filing of any visa petition supported by the application.
And the ammendment in the new bill
(1) NONDISPLACEMENT.--Subparagraph (E) of such section 212(n)(1) is amended--
(A) in clause (i)--
(i) by striking ``90 days'' both places it appears and inserting ``180 days'';
Yes, I got that already, I did not specify in my message as it is a "after the fact" requirement, i.e. I am not undermining its potential disastrous ramifications of having to force the layoff of already hired H1B if any other layoffs occur post the H1B hire, I was simply trying to focus my analysis on the impact BEFORE the H1B employee even be hired by employer or placed at client site. But yes, this applies AFTER 180 days as well.
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eastindia
01-19 10:09 AM
Question to everyone criticizing consulting companies
If you have a choice to have a EB3 2001 PD/EB2 2003 PD substitute labor from a consulting company, what will you do?
Will you not want to contact them and file your greencard through them?
So stop this bullshit about criticizing consulting companies. There are real human beings working in this those companies. Just because you do not work in consulting companies does not give you any right to post negative about them.
If you have a choice to have a EB3 2001 PD/EB2 2003 PD substitute labor from a consulting company, what will you do?
Will you not want to contact them and file your greencard through them?
So stop this bullshit about criticizing consulting companies. There are real human beings working in this those companies. Just because you do not work in consulting companies does not give you any right to post negative about them.
rustamehind
07-11 12:55 PM
Just wondering why USCIS is neither accepting nor rejecting the July 2nd application? How long can thy hold applications like this? Can they leverage this in their favour in the class action lawsuit? Is this procrastination deliberate , considering its legal implications?
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smartboy75
09-29 11:42 AM
Was the H1B through a body shopper? I"ve heard of reopening all old cases of a company if they find a dubious H1B sponsorship, or if a company gets blacklisted.
If your company is solid and your case is genuine... you probably have nothing to worry about.
The H1B which was approved a year ago and has now been re-opened was not with a body shopper but an US Insurance firm....They had the best of lawyers and company is still going strong....
If your company is solid and your case is genuine... you probably have nothing to worry about.
The H1B which was approved a year ago and has now been re-opened was not with a body shopper but an US Insurance firm....They had the best of lawyers and company is still going strong....
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vamsibm
01-26 10:14 AM
Please count me in.
There is No sense is passing a rule/memo like this where the consultant/Employee is affected badly.USCIS changes their views and rules on a need to need basis which should be struck down by the court of law.We as immigriants to US and we have every right to fight this rule and also need to support the need to revoke this rule.
Even a criminal gets a chance to plea in the court as not guilty,but we dont get a chance beyond the immigration counters.We continue to contribute so much tax dollars and all of that shouldnt go in Vain.People have lives and Families and they can never build or continue the future invested here in US.
I agree that the rule will make sense for new H1�s or extensions but i dont not agree that it should be passed on people randomly.USCIS should force such a rule on the Employer and not go against H1 Employees.
This Rule should be taken by employers to implement new standards of practicing consulting and not try to find loop holes in the system.Obviously we should have seen this coming which is ripple effect of all the employers exploiting the Consulting business.
H1 or EAD or GC ,All Immigrants need to stand united to fight this fight.
vamsi
Status:EAD
There is No sense is passing a rule/memo like this where the consultant/Employee is affected badly.USCIS changes their views and rules on a need to need basis which should be struck down by the court of law.We as immigriants to US and we have every right to fight this rule and also need to support the need to revoke this rule.
Even a criminal gets a chance to plea in the court as not guilty,but we dont get a chance beyond the immigration counters.We continue to contribute so much tax dollars and all of that shouldnt go in Vain.People have lives and Families and they can never build or continue the future invested here in US.
I agree that the rule will make sense for new H1�s or extensions but i dont not agree that it should be passed on people randomly.USCIS should force such a rule on the Employer and not go against H1 Employees.
This Rule should be taken by employers to implement new standards of practicing consulting and not try to find loop holes in the system.Obviously we should have seen this coming which is ripple effect of all the employers exploiting the Consulting business.
H1 or EAD or GC ,All Immigrants need to stand united to fight this fight.
vamsi
Status:EAD
sangarmool
10-08 04:56 PM
Someone gave me red dot with following comment --
please look at your very H-1 visa application and interview, you would have also said to the visa officer that you DO NOT have immigrant intent. I dont know of a single person who said that they HAVE an intention to immigrate.
Yes buddy, you lied....for a long time and now you are talking!
H1 is a dual intent. So you can always say that you intent to immigrate. I have said the same many times to the immigration officers and usually they have said no problem.
please look at your very H-1 visa application and interview, you would have also said to the visa officer that you DO NOT have immigrant intent. I dont know of a single person who said that they HAVE an intention to immigrate.
Yes buddy, you lied....for a long time and now you are talking!
H1 is a dual intent. So you can always say that you intent to immigrate. I have said the same many times to the immigration officers and usually they have said no problem.
more...
orangutan
10-03 11:57 PM
You dirt boy, don't you remember you were born in the next dumpster to me?:D:D:D
Who knows whether they asked or not, tell me what did you fill out in the visa form. Did you mention you will apply for GC, may be they gave you visa before filling out the application??:p:p:p
Now I know who took my certificates from the dumpster, that is yooooooou:p
Mr.Dump master, 'I' is always typed in CAPS. Go get Rapidex:p
Were you born in a dumpster? You are assuming so many things here.
Whatever Kumar1 may apply to some F-1 students, but not to the cream of the crop.
Nobody asked me if I have immigration intent... they saw that i had I-20 from Cornell, MIT & UMBC and simply asked "Why cornell?". And before i could say anything she smiled and said "welcome to united states"... hah..suck on that
i bet that "jangli maharaj university" you got your diploma from is making your entire family very proud :):):):)
Who knows whether they asked or not, tell me what did you fill out in the visa form. Did you mention you will apply for GC, may be they gave you visa before filling out the application??:p:p:p
Now I know who took my certificates from the dumpster, that is yooooooou:p
Mr.Dump master, 'I' is always typed in CAPS. Go get Rapidex:p
Were you born in a dumpster? You are assuming so many things here.
Whatever Kumar1 may apply to some F-1 students, but not to the cream of the crop.
Nobody asked me if I have immigration intent... they saw that i had I-20 from Cornell, MIT & UMBC and simply asked "Why cornell?". And before i could say anything she smiled and said "welcome to united states"... hah..suck on that
i bet that "jangli maharaj university" you got your diploma from is making your entire family very proud :):):):)
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vsrinir
09-17 10:56 AM
They might got feed back from DOS and USCIS also.
I hope DOS and USCIS give positive feedback to recapture visas.
I hope DOS and USCIS give positive feedback to recapture visas.
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chi_shark
11-25 11:01 AM
i have dumped h1 and am on ead... i am on a job for which they were not going to do H1... and am having real good fun, have a inc company on side and am working to set it up so that i can leave my job and work on my own...
essentially, i am taking a very optimistic view of things... thing is i know that there are cases of illegal people doing great in their lives... disabled people winning medals, then my immigration demon is such a small one!! so should i worry about all this and screw myself up? or should i just do what i gotta do? I chose latter... if bad things have to happen to me, then anything could happen... are the odds of gc rejection more than losing my job (in this economy?). i mean... there could be so many things going wrong!!! plus, i dont think this gc process was made for f***ing people up... it is surely a long process, but that does not mean it is uncertain to the extent that rejection is certain!!! hence my choices...
have fun! and let me know what you decide...
I know it has been discussed a couple of times but more I read about the keeping H1 status/Using EAD &AP the more confused I get. The problem stems from the fact that we want to use the goodies offered by AOS (EAD and AP) but concerned what happens to H1 status. Don't want to get H1 stamping but want to use H1 status.
I talked to my lawyer and she prefers that I get H1 stamping when I go abroad and keep H1 as long as possible.
We have been longing for a while to apply for AOS so that it frees us from H1B shackles and gives us freedom to work. But now that most of us got the EAD, most people don't want to use it (except perhaps the dependents who can now work)
I want to play the devil's advocate for a min and say why not dump H1 and go with EAD/AP route.
One of the advantages people cite with maintaining H1 status is that if some thing goes wrong with I485 , you can still stay here as long as H1 is valid. Another advantage is you don't need to renew EAD/AP every year (Cost) because H1 is given for 3 years (If retrogressed or have H1 time left).
1) But if my I140 is approved and I am working with a good company and the GC is applied in good faith and have good lawyers working on it, what are the chances of rejection ?
2) What is the appetite to start the GC all over by staying on H1 in case this GC is denied after 4-5 years(Likely for most). Ability to challenge the denial of course is different story.
3) I believe most people who got EAD/AP now will continue to extend them just in case (to be safe). So the cost benefit is out of the window. And if the company pays for all the expenses for EAD/AP renewals should I care to keep the H1 status from the cost point of view.
4) If I am willing to use AC21 and change the employer, I believe using EAD gives me more bargaining power than using the H1 because there are more options (Some companied don't do H1) and there is less work for the company (No need to file for H1 transfer)
5) On other hand if I dump H1 status , I can work part time using EAD or start my own business etc.
I see that it is a unanimous opinion that keeping the H1 is a good idea (Including my lawyer suggestion).
I intention here is not to make a statement one way or the other. As I mentioned earlier, I wanted to play devils advocate and challenge some of the perceived benefits of keeping H1 and provoke some responses so that I know I am NOT missing the benefits of H1 that other people see.
Your 2 cents please !!!!
essentially, i am taking a very optimistic view of things... thing is i know that there are cases of illegal people doing great in their lives... disabled people winning medals, then my immigration demon is such a small one!! so should i worry about all this and screw myself up? or should i just do what i gotta do? I chose latter... if bad things have to happen to me, then anything could happen... are the odds of gc rejection more than losing my job (in this economy?). i mean... there could be so many things going wrong!!! plus, i dont think this gc process was made for f***ing people up... it is surely a long process, but that does not mean it is uncertain to the extent that rejection is certain!!! hence my choices...
have fun! and let me know what you decide...
I know it has been discussed a couple of times but more I read about the keeping H1 status/Using EAD &AP the more confused I get. The problem stems from the fact that we want to use the goodies offered by AOS (EAD and AP) but concerned what happens to H1 status. Don't want to get H1 stamping but want to use H1 status.
I talked to my lawyer and she prefers that I get H1 stamping when I go abroad and keep H1 as long as possible.
We have been longing for a while to apply for AOS so that it frees us from H1B shackles and gives us freedom to work. But now that most of us got the EAD, most people don't want to use it (except perhaps the dependents who can now work)
I want to play the devil's advocate for a min and say why not dump H1 and go with EAD/AP route.
One of the advantages people cite with maintaining H1 status is that if some thing goes wrong with I485 , you can still stay here as long as H1 is valid. Another advantage is you don't need to renew EAD/AP every year (Cost) because H1 is given for 3 years (If retrogressed or have H1 time left).
1) But if my I140 is approved and I am working with a good company and the GC is applied in good faith and have good lawyers working on it, what are the chances of rejection ?
2) What is the appetite to start the GC all over by staying on H1 in case this GC is denied after 4-5 years(Likely for most). Ability to challenge the denial of course is different story.
3) I believe most people who got EAD/AP now will continue to extend them just in case (to be safe). So the cost benefit is out of the window. And if the company pays for all the expenses for EAD/AP renewals should I care to keep the H1 status from the cost point of view.
4) If I am willing to use AC21 and change the employer, I believe using EAD gives me more bargaining power than using the H1 because there are more options (Some companied don't do H1) and there is less work for the company (No need to file for H1 transfer)
5) On other hand if I dump H1 status , I can work part time using EAD or start my own business etc.
I see that it is a unanimous opinion that keeping the H1 is a good idea (Including my lawyer suggestion).
I intention here is not to make a statement one way or the other. As I mentioned earlier, I wanted to play devils advocate and challenge some of the perceived benefits of keeping H1 and provoke some responses so that I know I am NOT missing the benefits of H1 that other people see.
Your 2 cents please !!!!
hair 1964-Ford-Mustang-Bumper Bracket GOODMARK BRACKET, BUMPER TO FENDER,
GCmuddu_H1BVaddu
04-07 09:47 AM
Thanks for everybody's hard work on giving me reds
Who filed GC for you any way.
Who filed GC for you any way.
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Lollerskater
09-17 12:17 PM
amendment failed
Edit: sheesh u guys are fast!
Edit: sheesh u guys are fast!
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rockstart
06-16 01:36 PM
Guys we have called all theree sets of lawmakers. Some senior member was saying we need to lobby hard with Republican's. Please let us know how we can do that. It is better to do it in an organized manner, so if some one can filter the three list on republicans we need to call again or if they can post a list of new republicans that we need to call. Please guide us.
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immi_twinges
07-17 01:41 PM
Guys , I think this issue has been discussed lot of times.
1) USCIS do not allot immigrant visas, It is alloted by DOS.
2) DOS needs a fix in the current EB laws to capture unused visa.
3) I am not sure if we can push any change in law, given the current Iraq war quagmire.
But I hope they speed up the overall application processing times, with all the increased Fee money they will get from July 30th (by investing money on IT).
With the increased fees...Are they ready to promise us they will decreasing the processing times... and not waste visa numbers...
:mad:
1) USCIS do not allot immigrant visas, It is alloted by DOS.
2) DOS needs a fix in the current EB laws to capture unused visa.
3) I am not sure if we can push any change in law, given the current Iraq war quagmire.
But I hope they speed up the overall application processing times, with all the increased Fee money they will get from July 30th (by investing money on IT).
With the increased fees...Are they ready to promise us they will decreasing the processing times... and not waste visa numbers...
:mad:
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cool_guy_onnet1
05-24 01:08 PM
:eek:
Dude, you have no Idea, I calculated this morning and I have spent.......
$56,500 on Green card (20% of my salary for last 3 years) + lawyers and other $hit.. Let Employers pay this.
Dude, you have no Idea, I calculated this morning and I have spent.......
$56,500 on Green card (20% of my salary for last 3 years) + lawyers and other $hit.. Let Employers pay this.
more...
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sbabunle
08-19 04:58 PM
You said it. Some years ago people who filed in wyoming get lc in 3 months
and got GC in 1 year. I know a friend who completed the whole process in 11 months :)
What to do? This world is a big unfair place. we have to live with that I guess.
Congrats buddy ! Its quite ironic that there are some people who filed a few months here or there from your PD in 2000/2001 and are still waiting for their GC and I know a few people who filed for GC in 2003/2004 and got it in 2005.
The odds of getting lucky with USCIS are worse than hitting the jackpot .
Best of luck to you .
and got GC in 1 year. I know a friend who completed the whole process in 11 months :)
What to do? This world is a big unfair place. we have to live with that I guess.
Congrats buddy ! Its quite ironic that there are some people who filed a few months here or there from your PD in 2000/2001 and are still waiting for their GC and I know a few people who filed for GC in 2003/2004 and got it in 2005.
The odds of getting lucky with USCIS are worse than hitting the jackpot .
Best of luck to you .
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days_go_by
01-31 01:30 PM
Those who are celebrating .. consider this.. your employer decides for any reason to not continue filing I-140 or decides to let you go in 6th yr.. earlier you used to have at least possibility of sub labor.. now you are basically straight out of luck.. Also if microsoft needed some genius from China or India to join their team and the guy obviously deserves special consideration due to business need and/or his talent.. they are stuck..! It's not good.. yes desi folks were selling and buying these but remedy is worse than the defect.. they could have made changes to rules to make it stringent and almost impossible to get but no reason to place such arbitraty deadlines etc.. if H1B and GC is geared towards desi consulting.. it's should not and will not exist in the long run..
Indentured servitude and middle-men agent type business model is not ideal for anyone including US economy..
----------
that was the idea behind it, but when a feature is being misused and exploited that needs to be plugged. If microsoft needed a genius they can bring that person in on EB1 or H1B or B1 visa. there are many other avenues.
How do u feel that a person who arrives in US yesterday, buys a labor, gets his GC within a year while thousands of us are waiting patiently.
It is an unfair practice and should have been stopped long time back.
It's never too late though.
Selling labors became the business model of manyof these companies.
Are they doing anything illegal? NO.
Are they doing something ethical? NO
So, the law has to change to give everyone a fair chance.
Indentured servitude and middle-men agent type business model is not ideal for anyone including US economy..
----------
that was the idea behind it, but when a feature is being misused and exploited that needs to be plugged. If microsoft needed a genius they can bring that person in on EB1 or H1B or B1 visa. there are many other avenues.
How do u feel that a person who arrives in US yesterday, buys a labor, gets his GC within a year while thousands of us are waiting patiently.
It is an unfair practice and should have been stopped long time back.
It's never too late though.
Selling labors became the business model of manyof these companies.
Are they doing anything illegal? NO.
Are they doing something ethical? NO
So, the law has to change to give everyone a fair chance.
more...
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pani_6
02-13 04:16 PM
As we move forward we are leaving behind a good legacy...as you may know the previous guys who fought the retrogression battle in 95 or so did not remove the hard country cap..if they had..then it would have been easy for all of us...we silently continue to work and churn out good things...any organization with a vision would do just that..
Great things are achieved admists inconvieninces..so we chug along...
Just as an old man plants a mango sapling not for himself but for the future generations...we need to do just the same..
Good Luck!
Great things are achieved admists inconvieninces..so we chug along...
Just as an old man plants a mango sapling not for himself but for the future generations...we need to do just the same..
Good Luck!
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green/red/yellow whatever
09-17 01:52 PM
I am not seeing any movement in the video. I can just see the American Eagle on the screen? any idea whats going on.. ? ??
just stop the video and start again. hopefully that should help
just stop the video and start again. hopefully that should help
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greencardvow
10-12 05:23 PM
If thats the case then why did they reopen my new case which is from my current employer. The old case from previous employer isnt even touched. The previous employer was a desi company. The new employer is a US corporation with just 1 H1 employee.
To Everyone...
DO NOT PANIC. These notices are usually sent when you have any H1 transfer pendings most of the time ( at least in case of H1). By law, the employer is supposed to notify USCIS whenever any employer has left the company.
The re-opening of case is a letter from USCIS to the previous employers to confirm that the employee no longer works and is usually sent to the attorney.
So chill and don't sweat.
To Everyone...
DO NOT PANIC. These notices are usually sent when you have any H1 transfer pendings most of the time ( at least in case of H1). By law, the employer is supposed to notify USCIS whenever any employer has left the company.
The re-opening of case is a letter from USCIS to the previous employers to confirm that the employee no longer works and is usually sent to the attorney.
So chill and don't sweat.
virginia_desi
01-30 06:49 AM
This is the best news I have heard on the immigration front this year. I have waited for my GC processing for the last 5 years and seen numerous people buy labor cert and get their GC in few months. The GC process stinks due to the labor substituion process. I feel bad for all teh desi companies who run on the model of selling labor cert. I hope they all rot in hell. Sorry for the rude post. But most people can see my frustration from the process.
willwin
06-13 09:22 AM
Are you sick?
Go and check how many EB3 India and EB2 India applications approved each year. They are approving double or triple the number of EB3 applications than they approve EB2. Go back to past and ask people not to apply in EB3, then only it solves your problem.
Its all because of toooooooooo many EB3 india applications in past. So, live with that fact.
Those are not nice words. You can always tell that person that his/her logic was wrong but don't say that EB3 folks deserve the long wait. If everyone of us had applied for EB2, then EB2 queue would be in the same plight as EB3 today, don't forget that!
And realize that most of the EB3 folks actually deserve to be in EB2 but for their respective Organization's policy to apply for EB3. I mean to say, it wasn't an option for many.
Go and check how many EB3 India and EB2 India applications approved each year. They are approving double or triple the number of EB3 applications than they approve EB2. Go back to past and ask people not to apply in EB3, then only it solves your problem.
Its all because of toooooooooo many EB3 india applications in past. So, live with that fact.
Those are not nice words. You can always tell that person that his/her logic was wrong but don't say that EB3 folks deserve the long wait. If everyone of us had applied for EB2, then EB2 queue would be in the same plight as EB3 today, don't forget that!
And realize that most of the EB3 folks actually deserve to be in EB2 but for their respective Organization's policy to apply for EB3. I mean to say, it wasn't an option for many.
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