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  • uslegals
    08-21 10:24 AM
    Thanks cableching - I doubt we can leave now since we have to wait for 485 receipts.!
    What about all that BS that if one does not start work by Oct 1st 2007 then one could be out of status. etc.....My wife will be contiuing with her full time H1B JOB with CAP EXEPMPT employer which she has had now for 4 years..! Her H1 is already valid till march and her employer has already said that they will extend h1 too for remaining 2 years.! I mean if the consulting company refuses to co-operate with us by not sending the letter to withdraw the new H1 peitition then it really is his loss... isn't it..??...Are there any USCIS or DOL laws which state that i have a right to get copies of all these docs like LCA, 129, letter, etc...! even though i will not work for that employer.!..I mean there should be something protecting us right..!!

    Thanks!





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  • Munna Bhai
    04-20 12:25 PM
    :confused:

    Can't you apply for a B-1 visa status until you get a job??
    Any one has done that?


    Yes, one of my colleague got fired. He was on 6th year of H1b with Labor pending for more than 365 days. With few paychecks first he changed his status to B1 and then it took 6 months for him to find a job and then he used pending labor to get 1 year H1b extension and now he is apply for GC via PERM etc.





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  • actaccord
    01-31 08:46 AM
    related to Employer-Employee relationship issue. Most of the time employees of consulting company are the one facing this issue. If work location is different from the company base address then question about the client and project raises, which most of the time turns out to be difficult case to prove employee-employer relationship and they end up with 221(g).

    Companies needs take initiative and work with their lawyers to make sure employees are not affected during the trips (to home country), but very rarely company takes care of this without any issue pops up which is very sad.


    221(g) is rampant in India nowadays for IT consulting companies.

    ILW.COM - immigration news: H1B and H-4 Visa Applications in India Plagued by 221(g) Refusals: Part 1 (http://www.ilw.com/articles/2011,0127-murthy.shtm)





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  • monster1251
    05-13 05:24 PM
    All

    I keep researching the issue of immigration particularly in regards to my IT industry and I cannot come to the same conclusion as what I see posted on this board and the big business lobby groups trying to convince congress to open the flood gates to foreign workers.

    As a history lesson -

    The original intent of the H1B visa program was created to fill a TEMPORARY gap in skills in the US workforce. The fees generated for the visa applications were to pay for scholarships in the fields lacking US workers. Eventually, market forces will take over and new US citizen workers will enter the field and eliminate the need for a H1B visa.

    The original intent of the L1 visa program was to allow inter company transfers of skilled workers with knowledge of the corporations business from one country to another. So, if some US manager needed to go to China to train people or manage a project, they could do so freely. And, conversely, people from other companies could come here to work for their existing companies.

    Reality today -

    Not all, but many H1B visa workers are being underpaid and beholden to the companies that are sponsoring their visa here in the US. While not as abused as their L1 brothers/sisters, they are encumbered in terms of job mobility and generally paid less. Many of these people are in consulting and the moment they hit the bench they are paid nothing until they themselves find a new position which, in itself, violates the H1B rules.

    And the L1 visa program is being abused in the most egregious manager. L1 workers are being shipped into the IT shops around the country under the guise of a inter-company transfer. They are put up two persons per a bedroom in corporate housing, bussed to the big corporations daily and charged at a rate less than the average US engineering graduate salary. At one of my past large clients, no consultant can get into that shop for a rate greater than 23.50 USD an hour IN A MAJOR METRO AREA! The net result, about 50 US citizens lost their jobs to the L1 visa workers. The story goes on and on by the thousands in my metro area.

    I have colleagues that are on H1Bs and L1 visas. I have friends that were on those programs and now hold green cards or are citizens. All of them hated the time they were underpaid and abused. The issue is not the H1B visa progam, it is how it restricts the worker. And, the L1 visa program is just flawed because its intent was never to allow a mass import of cheap labor into this country.

    The current economy has many IT professionals out of work. Yet, the visa workers remain. Students graduating in engineering in top US universities cannot get jobs. Why?

    Why have the L1 at all? Afterall, the import of a programmer to the US is not really a skill that is particularly important to the client employing the consultant/programmer.

    Why not allow the free market determine salaries? Just as we saw engineering enrollments increase during the dotcom boom and salaries rise, it would do so again until some equilibrium is reached.

    And, if we have H1B, lets define the criteria that makes up a needed skill and remove the restriction on the H1B worker so they can switch jobs and employers once they arrive in the US?

    Everytime I start to ask myself or my foreign workers colleagues these questions, the only answer we keep arriving upon is that the business lobby along with foreign business lobbies want cheap labor. Companies may choose to outsource it, but it is even more attractive to bring labor here where intellectual assets are more tightly monitored and schedules are more easily managed. Net result, win/win for the business and lose/lose for US citizens.

    Im just saying....



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  • WeShallOvercome
    07-24 01:34 PM
    "You can even change employer after 180 days with H1 transfer"..

    r u sure...????

    Assuming i i can change after 180 days with h1 transfer and not EAD, should the emplyer give me a letter of intent to hire me when i get GC..??( this may not happen)

    I can't ask to many questions to attroney which might back fire me on my reputation with my company. So any inputs are high apprecited.


    Yes, You can invoke Ac21 with H1 transfer.. there are some other threads discussing the same issue. please browse through this forum and see AC21 discussions... you should be fine!

    Worst case, you can abandon your I-485 anytime after filing if that is what you intend to do anyway!
    OR you may even decide to continue with the same employer until you get your GC. So why let this option go ?





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  • pnjbindia
    12-21 11:34 PM
    eb3retro,

    I think think the application consultant should have the same job code as Software Engineer. All IT jobs fall under the same broad category.... The only thing you need to worry about in AC21 is the Salary . i.e if the salary is 70% or more than what is on the labor.... this is grey area, check with Lawyer.



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  • vasa
    08-02 08:29 AM
    People, can we have an Event like this in Boston Area... ( i am from Maine), i think there are a lot of members in Boston area...

    ashish





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  • oguinan
    12-03 08:05 PM
    We had another interesting call this week with some new members on the call. This was the second call for the Northern California chapter and we are developing some goals and plans to achieve these goals.
    We have setup a yahoo group to facilitate communication within the group and to keep track of our various efforts.

    The yahoo group will contain a FAQ on meeting your local lawmaker.
    There will be a spreadsheet of Northern California lawmakers where members can volunteer to setup a meeting with their local Congressman.
    We discussed putting some formal structures in place to make people accountable for specific goals and to allow volunteers to focus on specific tasks.

    Our volunteers with experience in marketing will develop a plan to publicise out name and goals.

    We discussed a proposal that we meetup in person in mid January. This meetup will be the official launch of the state chapter.

    The next meeting of the Northern California chapter will be announced before Wednesday December 6th.

    Thanks to everybody who attended the call and volunteered.

    oguinan



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  • humdesi
    03-25 11:20 AM
    Just ask yourself - if I leave in the next three months, what's the net amount I am likely to take with me. Doesn't have to exact - just make an estimate.

    Is it 'would like to take' as in 'wish to take' ??
    or 'am able to take' as in 'I have this much today' ??


    Do I include the down payment like 40% I put on the apartment I bough back home last year??





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  • alapkd
    09-14 01:09 PM
    Well, if the Admin/Moderator thinks that post like this will do harm to IV, then I must agree with you.

    However, I cannot agree with you that a VP choice has nothing to do with Immigration. A VP could very well be the future President, in a heartbeat. I don't think a VP office is nothing and lameduck but it's an important part of the Government.

    I also cannot agree with you that "...the cause of IV i.e. of legal immigration reform for employment based immigration is not affected by particular party in any shape or manner."

    Each party has immigration principles and very much matter to our cause. HR5882 for example is very much partisan and will be voted as such. Democrats are for HR5882 while Republicans are stalling it.

    I respect your opinion, buddy but please do not curtail my freedom to express my beliefs. If the Moderator thinks my posts are of harm to IV, then I am willing that it be deleted because I do not own IV.

    regarding HR5882 i see ur point. i dont want to curb anyones opinion. infact i myself get into lot of political discussions with friends and i share my opinions with candor in person. i also think palin choice was purely political in nature otherwise she would have never been known at national stage but i would rather not comment on her because i dont know her positions on immigration. u seem like a very reasonable person i think u understand what i was trying to say.

    this is my personal opinion. i think most of the guys in either party who have a brain between their ears (most of them do) understand the importance of skilled legal immigration and benefits of it. going after skilled immigrants does not provide short term political benefits the way it provides going after unskilled legal or illegal immigrants and i know IV works with everyone.



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  • up_guy
    02-19 09:18 AM
    Sanathan, Arunben

    I respect your opinion, but let me explain you few incidents that does not fit this argument or confuse me-
    1)I was being represented by my employer paid attorney, though I had signed G28 with him, but the attorney will not even talk to me, will not do what I want him to do, he will not share any documents related to my immigration file including copies of labor and I-140 etc.

    2)In many cases my own attorney told me if employer will ask to revoke labor and I-140 then he will have to do so as they are retainer by the employer.
    Normally attorney has a retainer agreement in addition to G28, I think they are bound to be loyal to the party who had signed a retainer agreement. Employee and spouse are just beneficiaries and g28 is a USCIS requirement.

    I respect your feedback also I think that legal system and attorneys change interpretation on case by case basis.

    Regards





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  • engineer
    07-14 07:57 PM
    I am arranging Rally in Madison, WI. Please PM me if you can attend or you are from Wisconsin.

    thanks,



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  • goel_ar
    03-21 04:17 PM
    No.. as you were single for entire 2010 - you have to file single.





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  • TheOmbudsman
    11-08 12:37 PM
    Purgan,

    As an Ombudsman, it is my task to admonish you.
    Hayworth sponsored a measure that would increase the Employment Base greencard visa numbers and would refute illegal immigration. It seems that makes him an anti illegal-immigration representative, not "anti immigration" as you described.

    Folks, our hopes are up and that is a good exercise to our soul. However, please refrain from mistating facts.

    Thanks,

    The Ombudsman


    You'll read tomorrow about the Democrats big win in the House (and possible the Senate). You probably won't read about how badly anti-immigrants in the House have done this evening. Between retirements and losses, at least 12 and as many as 20 hardcore anti-immigrant Congressman will be gone in January. They include

    Bass (R-NH)
    Beauprez (R-CO)
    Bradley (R-NH)
    Cubin (R-WY)
    Gutknecht (R-MN)
    Hayworth (R-AZ)
    Heffley (R-CO)
    Hyde (R-IL)
    Ryun (R-KS)
    Taylor (R-NC)
    Sweeney (R-NY)

    And another several races are too close to call including

    Bilbray (R-CA)
    Doolittle (R-CA)
    Drake (R-VA)
    Kuhl (R-NY)
    Musgrave (R-CO)
    Otter (R-ID)
    Renzi (R-AZ)
    Schmidt (R-OH)

    No matter what is said after this election, the American public spoke and made it clear that they do not buy the anti-immigrant rhetoric of some in Congress. Not a single pro-immigrant Congressman lost as far as I can tell.

    (from visalaw)



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  • surabhi
    05-01 05:20 PM
    you hit the nail on the head. EB immigration touches very sensitive nerve directly correlating with jobs, nevermind majoirty of them already in the job market. Ofcourse spouses could come into job market.

    On same logic FB immigration is throwing at least 500K new people in job market ( out of > 1 Mil FB). People like lou dobbs etc, cant or dont want to put 2 and 2 together.





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  • chanduv23
    09-11 05:04 PM
    I know U R from tri-state area.. U'r profile shows U R not attending the rally..
    There are few on this thread from tri-state area and they don't want to attend the rally...
    Hope on the tri-state bus for free (by clicking on my signature)

    Make U'r presence felt...

    PURGAN IS ATTENDING THE RALLY YAHOOOOOOOOOOOOOOOOOOO

    SO ARE ALL THE TRI STATERS

    CHEERS TO TRI STATERS - WE CAN MOVE THE HUDSON TO DC



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  • sw33t
    09-30 07:45 PM
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  • nousername
    01-07 12:47 PM
    I feel your pain and give you kudos to have finally made that difficult call. I am sure just like you (and me) there are many others who have been thinking about the same but fail to move forward. Good luck for future.

    Answers to your questions:

    1. I "think" if you stay out of the country for 1yr. you will get a new H1. Gurus can confirm that.
    2. I don;t think you need to tell anything to SSA. If you have paid SS for more than 10 yrs then you might be eligible for a pay back after you hit a certain age. In short you don't owe them anything.

    On a side note you might want to consider consulate processing for your GC, just a thought..


    Hi All:

    I have decided after many years of waiting for my pending I-485 to be approved to return back home for good. I am ROW EB3 with a priority date of May 2005. Last time I checked, my application is pre adjudicated and name check and everything else is completed and just waiting on PD to be current to be approved. However, with the current retrogression and no end in sight, I am throwing the towel and decided to return home. I have been working on EAD for 2 years now and I travel using AP. I didn�t transfer my H-1B visa from my old job to my current employer.

    my first question is : in case I go home and I live there for few years and I decide to come back here, can I transfer my old H-1B visa to any new employer in case I find a job with a new company in the future? Or I have to apply for a new H-1B visa to be able to come back.

    My second question: what other things I need to take care before I leave from here? Do I need to notify Social Security Admin? etc.... I want to make sure that I have everything take care of before I leave, in case I decide to come back to work in the US in the future.

    Thank you in advance for your advice





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  • lkapildev
    11-13 05:08 PM
    Does your degree says MS University? MS could be a catch.. officer might be confused. MS university. Donot worry, your application will be approved. Murthy will do a good job as this is a unique RFE.





    vegasbaby
    04-28 10:44 PM
    Thanks. I will check them out. I wanted to do SAP-FICO, as I heard that jobs are easy to find in that. I don't know much about SAP, but there are people whom I know are getting paid 140K doing SAP. If, I am changing my field of work I want to change it to something where the starting salary is good.

    I checked Sulekha.com and there are many SAP training centers in the NJ area and chicago. Some even provide free accomodation and training and job placement guarantee. I don't know hoe legit their claim is, so if someone here knows about Influx ( chicago area ) and AdvanSoft, please let me know.

    Thanks,

    abq_gc

    I myself am a SAP Consultant with 10+ yrs experience. Pays are good when the market is good. FICO consultants are definitely well paid but the catch is you must have a working experience in any industry. For e.g. if you worked previously in an insurance company, then, you should know how typically the finances in the insurance company works. This is true for any module in SAP. If you worked in a manufacturing company, then, working in SAP Production Planning will be beneficial.

    Your best bet in SAP would be BI. You need not know too much functional to get into BI..Problem is that bcoz of this, lots of ppl get into BI..

    For trainings, I would go to SAP Education - http://www.sap.com/services/education/index.epx. Certification trainings from SAP are extremely expensive. You are looking at the most 15k.





    avaneendra
    01-30 06:05 PM
    I chcked with my lawyer. He is saying that the labor cerification is for the geographic location and they need to initiate a new labor in perm for the new geogrpahic location and get the I-140 approval but I can retain the priority date of the original certification.

    Avaneendra



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