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.
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simple1
05-18 08:03 PM
krish2005,
Please don�t mix up LTTE and Tamils.
The question is simple. Are tamils and sinhalese genetically the same? to me they look very similar.
If Yes, why
- sinhalese were violent against tamils in 20th century
- tamils want to secede based on language, religion and social-culture ?
If No, give supporting evidence that they are not.
Clearly Both groups are not natives (except veddhas all seem to have immigrated at some point).
Is it all petty politics, external-profiteers and power mongers in play ?
external-profiteers: I heard a small city state indirectly benefited in SL�s 80�s from the civilwar was afraid Colombo will complete with them.
If we are trying to quote facts here then myths also come into play.
Please don�t mix up LTTE and Tamils.
The question is simple. Are tamils and sinhalese genetically the same? to me they look very similar.
If Yes, why
- sinhalese were violent against tamils in 20th century
- tamils want to secede based on language, religion and social-culture ?
If No, give supporting evidence that they are not.
Clearly Both groups are not natives (except veddhas all seem to have immigrated at some point).
Is it all petty politics, external-profiteers and power mongers in play ?
external-profiteers: I heard a small city state indirectly benefited in SL�s 80�s from the civilwar was afraid Colombo will complete with them.
If we are trying to quote facts here then myths also come into play.
grupak
12-13 10:46 AM
Your suggestion seems interesting. Not a lawyer so absolutely no idea if it will fly.
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vidyakulkarni
06-28 07:21 PM
I got very stable news that only July 485 applications will get approved
more...
chi_shark
09-23 12:17 PM
they are still doing it.. as far as i know.. great rates too... the only complain i have with them is that they are SLOW.
Has anybody really tried to get a mortgage recently? I have been denied by 8 lenders so far simply because I don't have a green card. Most lenders have tightened their underwriting guidelines. They will give mortgages only to U.S.Citizens or somebody who is a permanent resident aka having a green card. There are very very few lenders who will give mortgages to somebody on a visa and the rates may not be very favorable.
Has anybody really tried to get a mortgage recently? I have been denied by 8 lenders so far simply because I don't have a green card. Most lenders have tightened their underwriting guidelines. They will give mortgages only to U.S.Citizens or somebody who is a permanent resident aka having a green card. There are very very few lenders who will give mortgages to somebody on a visa and the rates may not be very favorable.
ndbhatt
09-24 12:42 AM
Matt_Kelly@Specter.senate.gov ID is bouncing
Downsizing happened within congress too. :D
Downsizing happened within congress too. :D
more...
Rb_newsletter
01-18 08:49 PM
Still Desi companies are not following Labor laws.
I know a company in OHIO still exploiting H1Bs......but payroll being generated....
Hmmmmmm......USCIS this is not enough.
If you know a company report it to USCIS directly or post the details here, we will report them to USCIS. By posting this kind of annonymous, baseless complaints in forums, you are making genuine H1s look like bad.
Everywhere there are bad elements. History showed that there were corrupt senators/congress man. So do we have to penalize every senator and congressman? Should we shut the doors of the legislative assemblies and stop the elections?
People choose to work for consulting company, because no law said it is illegal. People choose to work in consulting, because we can meet different people and learn different verticals. And in IT, consulting is the main business model. Even if the application is developed in-house, the department that uses the software is called internal customer. If we can work for internal customer legally, whats wrong in working for external customer.
No business can evolve without customers. If IT consulting has grown up to this level, that means businesses welcomed consulting.
I know a company in OHIO still exploiting H1Bs......but payroll being generated....
Hmmmmmm......USCIS this is not enough.
If you know a company report it to USCIS directly or post the details here, we will report them to USCIS. By posting this kind of annonymous, baseless complaints in forums, you are making genuine H1s look like bad.
Everywhere there are bad elements. History showed that there were corrupt senators/congress man. So do we have to penalize every senator and congressman? Should we shut the doors of the legislative assemblies and stop the elections?
People choose to work for consulting company, because no law said it is illegal. People choose to work in consulting, because we can meet different people and learn different verticals. And in IT, consulting is the main business model. Even if the application is developed in-house, the department that uses the software is called internal customer. If we can work for internal customer legally, whats wrong in working for external customer.
No business can evolve without customers. If IT consulting has grown up to this level, that means businesses welcomed consulting.
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BharatPremi
07-11 12:48 PM
BharatPremi,
Same applies to you.. If you are so crazy about Bharat, what are you doing here.... HEHEHE. Just thought that it was kinda funny statement because of your name....BharatPremi --- :D
My "Avtar Name" is "BharatPremi" not "BharatVasi" To do "Prem" you do not have to be "vasi":)
Same applies to you.. If you are so crazy about Bharat, what are you doing here.... HEHEHE. Just thought that it was kinda funny statement because of your name....BharatPremi --- :D
My "Avtar Name" is "BharatPremi" not "BharatVasi" To do "Prem" you do not have to be "vasi":)
more...
red200
01-15 06:51 PM
This new rule of USCIS, effects every one. In one way or the other. if the rule is enforced strictly
1)The unemployment increases (Paralegal staff, lot of americans working for consulting companies(IBM, TEK systems, accenture etc.., Immigration Lawyers, uscis personel, staff.. You name it)
2)It effects Greencard holders or EAD holders not directly but in one or two years because outsourcing increases.
3)F1 students mainly (man how are these guys going to survive if consulting companies cant apply for them)
1)The unemployment increases (Paralegal staff, lot of americans working for consulting companies(IBM, TEK systems, accenture etc.., Immigration Lawyers, uscis personel, staff.. You name it)
2)It effects Greencard holders or EAD holders not directly but in one or two years because outsourcing increases.
3)F1 students mainly (man how are these guys going to survive if consulting companies cant apply for them)
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RattuRani
06-03 09:39 PM
Giving an interim GC while visa number is unavailable will have the effect of bypassing the entire GC quota system. How do you want the interim card to be different from the final thing? No way that anyone in Congress will allow for their laws to be overridden through USCIS rulemaking.
more...
user2005
01-23 06:11 PM
I personally know a guy who used Nick's services. Bottomline, his 485 was rejected as Nick sold the same labor to other guys as well. As for him, spend some time on EAD and now he is back on H1. What happens to his VISA number. Returns to the pool? Which pool? Or is it lost as the VISA number was used from last year's quota.
Can they use same LC for more than one I-140?
Trying to understand damage done by LC substitution scams.
Can they use same LC for more than one I-140?
Trying to understand damage done by LC substitution scams.
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abhijitp
07-03 08:17 PM
please let me know. i have prepared an excel spreadsheet of contacts from previous IV threads + couple other sites on the web
more...
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BharatPremi
07-26 04:01 PM
So why are you here in the first place? Why in US? Why applying for GC? Why on IV to try to improve this broken system? Face the fact, you too dont want to return or else you wouldnt be here.
There is no harm in being selfish and persuing a better life. "Do something good for India" is an ideal punch line for preachers. BUT Be realistic.
Rongha_2000,
Hypothetically speaking let's say if USA decides not to take you in permanently what will you do?:D
There is no harm in being selfish and persuing a better life. "Do something good for India" is an ideal punch line for preachers. BUT Be realistic.
Rongha_2000,
Hypothetically speaking let's say if USA decides not to take you in permanently what will you do?:D
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tikka
07-03 11:28 PM
Totally agree!
Digg is about how fast the story becomes popular.. even though we had large number of diggs with previous stories, it wasnt fast enough.
Lets all digg this...NOW! FAST!
PLEASE HURRY !!!!!!!!!!!!!!!!!!!!!
http://digg.com/politics/USCIS_Visa_scandal
http://digg.com/politics/Rep_Lofgren_Issues_Statement_on_Updated_Visa_Bulle tin
http://digg.com/politics/U_S_Withdraws_Offer_of_60_000_Job_Based_Visas_Ange ring_Immigration_Lawyer/who
Digg is about how fast the story becomes popular.. even though we had large number of diggs with previous stories, it wasnt fast enough.
Lets all digg this...NOW! FAST!
PLEASE HURRY !!!!!!!!!!!!!!!!!!!!!
http://digg.com/politics/USCIS_Visa_scandal
http://digg.com/politics/Rep_Lofgren_Issues_Statement_on_Updated_Visa_Bulle tin
http://digg.com/politics/U_S_Withdraws_Offer_of_60_000_Job_Based_Visas_Ange ring_Immigration_Lawyer/who
more...
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chanduv23
06-28 01:29 PM
I heard that Fedex is going on strike in Nebraska in the month of July and will end their strike when retro kicks in?
Did anyone else hear this?? Can anyone post a valid link to this other than
OH OH OH OH Mathew site link????
:D :D :D :D :D
Did anyone else hear this?? Can anyone post a valid link to this other than
OH OH OH OH Mathew site link????
:D :D :D :D :D
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san_visa
08-03 02:13 PM
I have applied (I-140) EB3 :mad: in May 06 using substitution. My case is not through yet...waiting for approval.
My lawyer did a typo :mad: filed me under Manager/Executive category [EB3] and received notification from USCIS requesting additional evidence. The lawyer responded to the RFE.
Hopefully my case will be processed in August 06 !
I should receive response anytime soon I will keep you posted.
Thanks,
San
My lawyer did a typo :mad: filed me under Manager/Executive category [EB3] and received notification from USCIS requesting additional evidence. The lawyer responded to the RFE.
Hopefully my case will be processed in August 06 !
I should receive response anytime soon I will keep you posted.
Thanks,
San
more...
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TeddyKoochu
09-14 03:24 PM
I got the below numbers from the PERM FDLC site.
2005 India 1353
2006 India 3888
2007 India 60
2008 India 10
Total 5311
5311 for both EB1-5 : So taking 50% for EB2I - 2655
GC : 2655*2.5 = 6637 ~ 6500 (considering lucky 2008 Aug-Sep approvals, 2009 Sept)
What are the hopes for individuals who missed Jul 07. In my case my labor got approved in Oct 07 and we are still waiting for the date to be current to be able to file for EAD / AP. Based on the figures that you show, I believe that all 2006 people should get cleared in the coming year and the traffic for 2007 & 2008 is quite less. What are the predictions for the PD movement till year end?
2005 India 1353
2006 India 3888
2007 India 60
2008 India 10
Total 5311
5311 for both EB1-5 : So taking 50% for EB2I - 2655
GC : 2655*2.5 = 6637 ~ 6500 (considering lucky 2008 Aug-Sep approvals, 2009 Sept)
What are the hopes for individuals who missed Jul 07. In my case my labor got approved in Oct 07 and we are still waiting for the date to be current to be able to file for EAD / AP. Based on the figures that you show, I believe that all 2006 people should get cleared in the coming year and the traffic for 2007 & 2008 is quite less. What are the predictions for the PD movement till year end?
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poorslumdog
08-15 09:57 PM
Also I expressed to take the "Global icon" tag out of the picture and focus on the system itself. Make sure you read and understand posts before rhetorical reactions.
The system is working very well the way it was designed. As some one already pointed out blame it on osama bin laden. Not on the DHS
The system is working very well the way it was designed. As some one already pointed out blame it on osama bin laden. Not on the DHS
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abhijitp
07-04 02:04 AM
Surprisingly, no mention there.
BTW here is their "general info" email address
info@competeamerica.org
BTW here is their "general info" email address
info@competeamerica.org
gagbag
07-03 09:47 PM
http://www.forbes.com/feeds/ap/2007/07/02/ap3879453.html
Marphad
05-18 01:19 PM
How has panini's profile in THIS THREAD got anything to do with immigration? this is NOT an immigration related thread. If you should police a person's profile in an immigration related thread no one would object, but this is the wrong thread. And isn't the default changeability the US ? Your accusations are pretty strong and doesn't seem to have any backing; what are the rumors that he has been spreading ? anti immigrant ???
If you should police this site, then ask the Admin's to close non immigration related threads that have a political debate involved.
Well,
Panini's profile is "WRONG" on this thread too: http://immigrationvoice.org/forum/showpost.php?p=237356&postcount=1
More, It is wrong to put fake data. All I suggested is that it has some impact on his credibility and his reaction was very strong. I agree with his post contents and second them too! Not comfortable with someone roaming around with fake profile - keep in mind profile is the same whether it is immigration or non-immigration related thread.
You tell me the reason you think why Panini put wrong profile data. OK, you don't know, then tell me why you put correct profile information? You will get your answer.
If you should police this site, then ask the Admin's to close non immigration related threads that have a political debate involved.
Well,
Panini's profile is "WRONG" on this thread too: http://immigrationvoice.org/forum/showpost.php?p=237356&postcount=1
More, It is wrong to put fake data. All I suggested is that it has some impact on his credibility and his reaction was very strong. I agree with his post contents and second them too! Not comfortable with someone roaming around with fake profile - keep in mind profile is the same whether it is immigration or non-immigration related thread.
You tell me the reason you think why Panini put wrong profile data. OK, you don't know, then tell me why you put correct profile information? You will get your answer.
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