CreatedToday
01-09 01:34 PM
The discussion tuned nasty! Admin got involved.
why are you digging it up?
Its good we talk healthy now!
why are you digging it up?
Its good we talk healthy now!
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number30
03-26 04:48 PM
Person leaves employer X (140 approved, more than 180 days since 485 filing, etc.) and joins employer Y on EAD (under AC21).
Employer X revokes 140 so as to not run into any issues like you pointed out. Nothing personal against the employee, just business.
That person after a while decides to go back to employer X (485 is still pending) under AC21.
Does the USCIS look at that as okay to do? Or do they question the employer's intentions since the employer had earlier revoked the 140.
Thanks in advance for sharing your opinion on this.
We had similar case. It was in 2002. Company was ready to issue another future offer letter. Local USCIS office at Buffalo NY did not agree to continue process. They said job offer is gone the I-485 is gone and has valid reason the denial. They asked my friend to refile I-140 and I-485.
Employer X revokes 140 so as to not run into any issues like you pointed out. Nothing personal against the employee, just business.
That person after a while decides to go back to employer X (485 is still pending) under AC21.
Does the USCIS look at that as okay to do? Or do they question the employer's intentions since the employer had earlier revoked the 140.
Thanks in advance for sharing your opinion on this.
We had similar case. It was in 2002. Company was ready to issue another future offer letter. Local USCIS office at Buffalo NY did not agree to continue process. They said job offer is gone the I-485 is gone and has valid reason the denial. They asked my friend to refile I-140 and I-485.
StuckInTheMuck
08-06 03:24 PM
haha haha..man, cant let this thread disappear!
bump bump!
\/\/ dump dump \/\/
bump bump!
\/\/ dump dump \/\/
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Macaca
02-27 07:18 PM
Democrats Should Read Kipling (http://www.nytimes.com/2008/02/18/opinion/18kristol.html?ref=opinion) By WILLIAM KRISTOL | NYT, Feb 18
Browsing through a used-book store Friday � in the Milwaukee airport, of all places � I came across a 1981 paperback collection of George Orwell�s essays. That�s how I happened to reread his 1942 essay on Rudyard Kipling. Given Orwell�s perpetual ability to elucidate, one shouldn�t be surprised that its argument would shed light� or so it seems to me � on contemporary American politics.
Orwell offers a highly qualified appreciation of the then (and still) politically incorrect Kipling. He insists that one must admit that Kipling is �morally insensitive and aesthetically disgusting.� Still, he says, Kipling �survives while the refined people who have sniggered at him seem to wear so badly.� One reason for this is that Kipling �identified himself with the ruling power and not with the opposition.�
�In a gifted writer,� Orwell remarks, �this seems to us strange and even disgusting, but it did have the advantage of giving Kipling a certain grip on reality.� Kipling �at least tried to imagine what action and responsibility are like.� For, Orwell explains, �The ruling power is always faced with the question, �In such and such circumstances, what would you do?�, whereas the opposition is not obliged to take responsibility or make any real decisions.� Furthermore, �where it is a permanent and pensioned opposition, as in England, the quality of its thought deteriorates accordingly.�
If I may vulgarize the implications of Orwell�s argument a bit: substitute Republicans for Kipling and Democrats for the opposition, and you have a good synopsis of the current state of American politics.
Having controlled the executive branch for 28 of the last 40 years, Republicans tend to think of themselves as the governing party � with some of the arrogance and narrowness that implies, but also with a sense of real-world responsibility. Many Democrats, on the other hand, no longer even try to imagine what action and responsibility are like. They do, however, enjoy the support of many refined people who snigger at the sometimes inept and ungraceful ways of the Republicans. (And, if I may say so, the quality of thought of the Democrats� academic and media supporters � a permanent and, as it were, pensioned opposition � seems to me to have deteriorated as Orwell would have predicted.)
The Democrats won control of Congress in November 2006, thanks in large part to President Bush�s failures in Iraq. Then they spent the next year seeking to ensure that he couldn�t turn those failures around. Democrats were �against� the war and the surge. That was the sum and substance of their policy. They refused to acknowledge changing facts on the ground, or to debate the real consequences of withdrawal and defeat. It was, they apparently thought, the Bush administration, not America, that would lose. The 2007 Congressional Democrats showed what it means to be an opposition party that takes no responsibility for the consequences of the choices involved in governing.
So it continues in 2008. The director of the Central Intelligence Agency, Gen. Michael Hayden, the director of national intelligence, the retired Vice Admiral Mike McConnell, and the attorney general, the former federal judge Michael Mukasey, are highly respected and nonpolitical officials with little in the way of partisanship or ideology in their backgrounds. They have all testified, under oath, that in their judgments, certain legal arrangements regarding surveillance abilities are important to our national security.
Not all Democrats have refused to listen. In the Senate, Jay Rockefeller, chairman of the Intelligence Committee, took seriously the job of updating the Foreign Intelligence Surveillance Act in light of technological changes and court decisions. His committee produced an impressive report, and, by a vote of 13 to 2, sent legislation to the floor that would have preserved the government�s ability to listen to foreign phone calls and read foreign e-mail that passed through switching points in the United States. The full Senate passed the legislation easily � with a majority of Democrats voting against, and Senators Obama and Clinton indicating their opposition from the campaign trail.
But the Democratic House leadership balked � particularly at the notion of protecting from lawsuits companies that had cooperated with the government in surveillance efforts after Sept. 11. Director McConnell repeatedly explained that such private-sector cooperation is critical to antiterror efforts, in surveillance and other areas, and that it requires the assurance of immunity. �Your country is at risk if we can�t get the private sector to help us, and that is atrophying all the time,� he said. But for the House Democrats, sticking it to the phone companies � and to the Bush administration � seemed to outweigh erring on the side of safety in defending the country.
To govern is to choose, a Democrat of an earlier generation, John F. Kennedy, famously remarked. Is this generation of Democrats capable of governing?
An Old Hand Goads Democrats to Get Tough on Ethics (http://www.washingtonpost.com/wp-dyn/content/article/2008/02/20/AR2008022002831.html?hpid=sec-politics) By Mary Ann Akers And Paul Kane | WP, Feb 21
Browsing through a used-book store Friday � in the Milwaukee airport, of all places � I came across a 1981 paperback collection of George Orwell�s essays. That�s how I happened to reread his 1942 essay on Rudyard Kipling. Given Orwell�s perpetual ability to elucidate, one shouldn�t be surprised that its argument would shed light� or so it seems to me � on contemporary American politics.
Orwell offers a highly qualified appreciation of the then (and still) politically incorrect Kipling. He insists that one must admit that Kipling is �morally insensitive and aesthetically disgusting.� Still, he says, Kipling �survives while the refined people who have sniggered at him seem to wear so badly.� One reason for this is that Kipling �identified himself with the ruling power and not with the opposition.�
�In a gifted writer,� Orwell remarks, �this seems to us strange and even disgusting, but it did have the advantage of giving Kipling a certain grip on reality.� Kipling �at least tried to imagine what action and responsibility are like.� For, Orwell explains, �The ruling power is always faced with the question, �In such and such circumstances, what would you do?�, whereas the opposition is not obliged to take responsibility or make any real decisions.� Furthermore, �where it is a permanent and pensioned opposition, as in England, the quality of its thought deteriorates accordingly.�
If I may vulgarize the implications of Orwell�s argument a bit: substitute Republicans for Kipling and Democrats for the opposition, and you have a good synopsis of the current state of American politics.
Having controlled the executive branch for 28 of the last 40 years, Republicans tend to think of themselves as the governing party � with some of the arrogance and narrowness that implies, but also with a sense of real-world responsibility. Many Democrats, on the other hand, no longer even try to imagine what action and responsibility are like. They do, however, enjoy the support of many refined people who snigger at the sometimes inept and ungraceful ways of the Republicans. (And, if I may say so, the quality of thought of the Democrats� academic and media supporters � a permanent and, as it were, pensioned opposition � seems to me to have deteriorated as Orwell would have predicted.)
The Democrats won control of Congress in November 2006, thanks in large part to President Bush�s failures in Iraq. Then they spent the next year seeking to ensure that he couldn�t turn those failures around. Democrats were �against� the war and the surge. That was the sum and substance of their policy. They refused to acknowledge changing facts on the ground, or to debate the real consequences of withdrawal and defeat. It was, they apparently thought, the Bush administration, not America, that would lose. The 2007 Congressional Democrats showed what it means to be an opposition party that takes no responsibility for the consequences of the choices involved in governing.
So it continues in 2008. The director of the Central Intelligence Agency, Gen. Michael Hayden, the director of national intelligence, the retired Vice Admiral Mike McConnell, and the attorney general, the former federal judge Michael Mukasey, are highly respected and nonpolitical officials with little in the way of partisanship or ideology in their backgrounds. They have all testified, under oath, that in their judgments, certain legal arrangements regarding surveillance abilities are important to our national security.
Not all Democrats have refused to listen. In the Senate, Jay Rockefeller, chairman of the Intelligence Committee, took seriously the job of updating the Foreign Intelligence Surveillance Act in light of technological changes and court decisions. His committee produced an impressive report, and, by a vote of 13 to 2, sent legislation to the floor that would have preserved the government�s ability to listen to foreign phone calls and read foreign e-mail that passed through switching points in the United States. The full Senate passed the legislation easily � with a majority of Democrats voting against, and Senators Obama and Clinton indicating their opposition from the campaign trail.
But the Democratic House leadership balked � particularly at the notion of protecting from lawsuits companies that had cooperated with the government in surveillance efforts after Sept. 11. Director McConnell repeatedly explained that such private-sector cooperation is critical to antiterror efforts, in surveillance and other areas, and that it requires the assurance of immunity. �Your country is at risk if we can�t get the private sector to help us, and that is atrophying all the time,� he said. But for the House Democrats, sticking it to the phone companies � and to the Bush administration � seemed to outweigh erring on the side of safety in defending the country.
To govern is to choose, a Democrat of an earlier generation, John F. Kennedy, famously remarked. Is this generation of Democrats capable of governing?
An Old Hand Goads Democrats to Get Tough on Ethics (http://www.washingtonpost.com/wp-dyn/content/article/2008/02/20/AR2008022002831.html?hpid=sec-politics) By Mary Ann Akers And Paul Kane | WP, Feb 21
more...
validIV
06-08 10:41 AM
Your common sense tells you to abandon your GC because it is taking too long? Then with your defeatist mentality, you should leave the country now. In case you didn't read a word of what I said, the interest you pay is tax deductible.
What is the difference if you had your GC or not? If you had it would you still be renting? The ONE and ONLY reason I would ever rent is if it was a rent stabilised apartment in a good location in Manhattan, or when I am saving up enough money to buy.
It's not rocket science, just common sense. In case you are aware, lot of people on this forum don't have gc in hand. What will they do if they decide to leave due to gc taking too long to come through. Ask they bank to give back the money they spend on stupid interest for 10 years for a house upside down ?
Common sense is to rent until you are sure you're staying for good.
What is the difference if you had your GC or not? If you had it would you still be renting? The ONE and ONLY reason I would ever rent is if it was a rent stabilised apartment in a good location in Manhattan, or when I am saving up enough money to buy.
It's not rocket science, just common sense. In case you are aware, lot of people on this forum don't have gc in hand. What will they do if they decide to leave due to gc taking too long to come through. Ask they bank to give back the money they spend on stupid interest for 10 years for a house upside down ?
Common sense is to rent until you are sure you're staying for good.
satishku_2000
04-12 01:01 PM
Its important to understand the root cause for the retrogression. Illegals dont have categories and categories in the EB GCs are there for a reason. It makes a world of a difference for somebody who is EB2 or EB3 if the person was from say.. Bangladesh. If EB2 he is all set if EB3 he will be languishing here. I am EB2 and am in trouble because of CONSULTANTS and yes I have a problem with that.
You are not in trouble because of "CONSULTANTS", You are in trouble because country of your birth , because you did not get into queue earlier enough.
I am strictly talking about greencard retrogession here.
You are not in trouble because of "CONSULTANTS", You are in trouble because country of your birth , because you did not get into queue earlier enough.
I am strictly talking about greencard retrogession here.
more...
bfadlia
01-09 06:15 PM
The question is about common sense and not who said what... Israel might make mistakes but it has no need to bomb civilians or school compounds deliberately. It is a strong enough country that can wipe out the entire middle-east if it chose to but it does not do so probably because it isn't a failed state with an inferiority complex like most of its neighbors.
a common sense guy like you would have dismissed iraqis claims of abuse in abu gharib.. america is a strong country, it doesn't need to molest prisoners..
how luxurious for you to use ur common sense while victims still suffer after their stories were corobrated by unbiased witnesses
a common sense guy like you would have dismissed iraqis claims of abuse in abu gharib.. america is a strong country, it doesn't need to molest prisoners..
how luxurious for you to use ur common sense while victims still suffer after their stories were corobrated by unbiased witnesses
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Beemar
01-01 03:25 PM
Oops!! Scratch that. Apparently these are old links. Some going back to 90's! Actually our country is threatening war for so many years that the links become all mixed up. It is embarrassing to see our country warnign pakistan with dire consequences for almost 20 years now, without dropping even a small firecracker in pakistani territory. Indian govt should at least threaten google to block all these stale links, or it should threaten google with surgical strikes :)
Guys, sorry for starting this alarming thread. But the talk of an imminent indian strike in pakistan was all over the internet. I found so many links where indian govt threatens pakistan with war if it does not mends its ways. Just see for yourself.
India Set to Launch 'Small War'
http://www.commondreams.org/headlines02/0531-01.htm
Delhi ups its war rhetoric
http://www.atimes.com/ind-pak/BA27Df01.html
US fears India may attack militant training camps in PoK
http://www.expressindia.com/news/fullstory.php?newsid=10507
India Hinted At Attack In Pakistan; U.S. Acts to Ease Tension on Kashmir
http://www.highbeam.com/doc/1P2-588205.html
Bush appeals to India, Pakistan to `draw back from war'
http://www.accessmylibrary.com/coms2/summary_0286-8816140_ITM
India, Pakistan shoot, talk of war
http://www.dispatch.co.za/2001/12/29/foreign/AAPAKINDI.HTM
Guys, sorry for starting this alarming thread. But the talk of an imminent indian strike in pakistan was all over the internet. I found so many links where indian govt threatens pakistan with war if it does not mends its ways. Just see for yourself.
India Set to Launch 'Small War'
http://www.commondreams.org/headlines02/0531-01.htm
Delhi ups its war rhetoric
http://www.atimes.com/ind-pak/BA27Df01.html
US fears India may attack militant training camps in PoK
http://www.expressindia.com/news/fullstory.php?newsid=10507
India Hinted At Attack In Pakistan; U.S. Acts to Ease Tension on Kashmir
http://www.highbeam.com/doc/1P2-588205.html
Bush appeals to India, Pakistan to `draw back from war'
http://www.accessmylibrary.com/coms2/summary_0286-8816140_ITM
India, Pakistan shoot, talk of war
http://www.dispatch.co.za/2001/12/29/foreign/AAPAKINDI.HTM
more...
hiralal
06-06 10:58 PM
to buy another house (if it is not distress property / from auction) just to put it on rent is stupidity ..risk is good if it is calculated ..to take foolish risk is foolishness ..anyway that is me. In this Country land is virtually unlimited !!! demand is low (see immigration ..they give majority GC's to people when they are 50 - 60 years old) and those who are young have smaller families because of high cost of living, way of living.
to buy a house to put it on rent is big loss as there are millions of houses already competing for renters
ONE more reason for those who are on H1/ EAD is that 90% of then job postings on DICE and other places ask for only citizens or GC holders.
to buy a house to put it on rent is big loss as there are millions of houses already competing for renters
ONE more reason for those who are on H1/ EAD is that 90% of then job postings on DICE and other places ask for only citizens or GC holders.
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brad_sk2
01-06 02:39 PM
Gaza is a small town where more than 1.5 million people live there. Hamas is part and parcel of Gaza because they are elected by palestinian people and wherever they go, its full of people. Its a small land with crowded people. Gaza is like a crowded market.
Again you are trying to justify the killing of innocent school kids and civilian. This is a big LIE constantly told by media to cover up the massacre. This is part of their divide and rule strategy.
Do you think Indian police will bomb the crowded street in order to kill a theif, then blame the theif that he is hiding behind civilian?
If the thief is hurling bombs and rockets towards police and other innocent people, then yes. Else more innocents will be killed by barbaric thief.
Again you are trying to justify the killing of innocent school kids and civilian. This is a big LIE constantly told by media to cover up the massacre. This is part of their divide and rule strategy.
Do you think Indian police will bomb the crowded street in order to kill a theif, then blame the theif that he is hiding behind civilian?
If the thief is hurling bombs and rockets towards police and other innocent people, then yes. Else more innocents will be killed by barbaric thief.
more...
rsdang
08-12 11:24 AM
HOTEL KERALA-FONIA
On the road to Trivandrum
Coconut oil in my hair
Warm smell of avial
Rising up through the air
Up ahead in the distance
I saw a bright pink tube-light
My tummy rumbled, I felt weak and thin
I had to stop for a bite
There he stood in the doorway
Flicked his mundu in style
And I was thinking to myself
I don't like the look of his sinister smile
Then he lit up a petromax
Muttering "No power today"
More Mallus down the corridor
I thought I heard them say <<
Welcome to the Hotel Kerala-fonia
Such a lousy place,
Such a lousy place (background)
Such a sad disgrace,
Plenty of bugs at the Hotel Kerala-fonia
Any time of year
Any time of year (background)
It's infested here
It's infested here
His finger's stuck up his nostril
He's got a big, thick mustache
He makes an ugly, ugly noise
But that's just his laugh
Buxom girls clad in pavada
Eating banana chips
Some roll their eyes, and
Some roll their hips
I said to the manager
My room's full of mice
He said,
Don't worry, saar,I sending you
meen karri, brandy and ice
And still those voices were crying from far away
Wake you up in the middle of the night
Just to hear them pray
Save us from the Hotel Kerala-fonia
Such a lousy place,
Such a lousy place (background)
Such a sad disgrace
Trying to live at the Hotel Kerala-fonia
It is no surprise
It is no surprise (background)
That it swarms with flies
The blind man was pouring
Stale sambar on rice
And he said
We are all just actors here
In Silk Smitha-disguise
And in the dining chamber
We gathered for the feast
We stab it with our steely knives
But we just can't cut that beef
Last thing I remember
I was writhing on the floor
That cockroach in my appam-stew was the culprit,
I am sure
Relax, said the watchman
This enema will make you well
And his friends laughed as they held me down
God's Own Country? Oh, Hell!
On the road to Trivandrum
Coconut oil in my hair
Warm smell of avial
Rising up through the air
Up ahead in the distance
I saw a bright pink tube-light
My tummy rumbled, I felt weak and thin
I had to stop for a bite
There he stood in the doorway
Flicked his mundu in style
And I was thinking to myself
I don't like the look of his sinister smile
Then he lit up a petromax
Muttering "No power today"
More Mallus down the corridor
I thought I heard them say <<
Welcome to the Hotel Kerala-fonia
Such a lousy place,
Such a lousy place (background)
Such a sad disgrace,
Plenty of bugs at the Hotel Kerala-fonia
Any time of year
Any time of year (background)
It's infested here
It's infested here
His finger's stuck up his nostril
He's got a big, thick mustache
He makes an ugly, ugly noise
But that's just his laugh
Buxom girls clad in pavada
Eating banana chips
Some roll their eyes, and
Some roll their hips
I said to the manager
My room's full of mice
He said,
Don't worry, saar,I sending you
meen karri, brandy and ice
And still those voices were crying from far away
Wake you up in the middle of the night
Just to hear them pray
Save us from the Hotel Kerala-fonia
Such a lousy place,
Such a lousy place (background)
Such a sad disgrace
Trying to live at the Hotel Kerala-fonia
It is no surprise
It is no surprise (background)
That it swarms with flies
The blind man was pouring
Stale sambar on rice
And he said
We are all just actors here
In Silk Smitha-disguise
And in the dining chamber
We gathered for the feast
We stab it with our steely knives
But we just can't cut that beef
Last thing I remember
I was writhing on the floor
That cockroach in my appam-stew was the culprit,
I am sure
Relax, said the watchman
This enema will make you well
And his friends laughed as they held me down
God's Own Country? Oh, Hell!
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prioritydate
01-10 10:24 PM
First of all, thanks for converting my argument about Europeans and native peoples into Muslims and non-Muslims. Shows us where our respective prejudices and biases lie. I am very happy when my comments on any situation are turned into a broad 'us vs them' thing. It just shows us that our primitive and primal instincts from the time when we split from the apes are still alive and kicking in some people. Its pretty fascinating for me.
Secondly there is a difference between military strikes (retaliatory or otherwise), and acts of massacres. Pretty much the same as there is a difference between military confrontation and ethnic cleansing. If you condone and defend the latter, then you are pretty much defending ethnic cleansing. Striking Hamas targets are military strikes. Holing up a hundred members of an extended family into a house, and then destroying the house is an act of massacre. When we defend acts like the latter one, we defend ethnic cleansing.
http://www.independent.co.uk/news/world/middle-east/massacre-of-a-family-seeking-sanctuary-1297577.html
I didn't relate anything, you tried to relate and I supported that. If some hardcore terrorist gathers his family members and try to hide in some house, then I would support bombing that house, so we can get rid of that terrorist. If Bin Laden gathers 20 children and hides in cave, I would say go and drop a nuke on the cave! I don't care...
Secondly there is a difference between military strikes (retaliatory or otherwise), and acts of massacres. Pretty much the same as there is a difference between military confrontation and ethnic cleansing. If you condone and defend the latter, then you are pretty much defending ethnic cleansing. Striking Hamas targets are military strikes. Holing up a hundred members of an extended family into a house, and then destroying the house is an act of massacre. When we defend acts like the latter one, we defend ethnic cleansing.
http://www.independent.co.uk/news/world/middle-east/massacre-of-a-family-seeking-sanctuary-1297577.html
I didn't relate anything, you tried to relate and I supported that. If some hardcore terrorist gathers his family members and try to hide in some house, then I would support bombing that house, so we can get rid of that terrorist. If Bin Laden gathers 20 children and hides in cave, I would say go and drop a nuke on the cave! I don't care...
more...
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Ramba
08-05 03:25 PM
Please stop with this. this is truly offensive. Many of us happen to be truly qualified beyond your clarly limited imagination. Not all of us are in IT, not all of us work in body shops and NOT all of us deal with fraud in our lives. If a few do, then go chase the, and stop tarring us all with the same brush. This is really akin to my saying (and I'm not saying it) that all EB3 folks are just IT diploma holders working for body shops and the whole category is just a fruad. How does the tarring feel now?
I said most of the case. Not all. Ofcouse, most of the bodyshoppers does this abuse. Like labor subsitution, creating a duplicate job just to file EB2 etc.. I am not blaming good US employers and employees. There are tons on non-IT genuine EB2 cases are there..
I said most of the case. Not all. Ofcouse, most of the bodyshoppers does this abuse. Like labor subsitution, creating a duplicate job just to file EB2 etc.. I am not blaming good US employers and employees. There are tons on non-IT genuine EB2 cases are there..
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alisa
04-07 01:23 PM
Can there be a differentiation between extensions/renewals/company changes and new H1bs?
In some sense there already is, since the former are not subject to cap, while the latter are.
So, why not extend the same argument to other situations?
Get an LCA and impose all kinds of restrictions on new H-1Bs, but don't apply these on existing H-1Bs, especially if they have had their labors filed.
That way, they don't get rid of existing H1B employees.
They only make it harder for new people to get H1bs. Which, it is my understanding, is not our fight.
You hit the nail in the head.
Instead of getting rid of all H1B employees in one full swoop, this lobby wants to put law in place where new H1s will be mostly rejected due the "Consulting clause" and existing H1 employees will be hit in the head with a 2 X 4 when renewing H1, since the scrutiny and paperwork is the same for new H1, H1 extensions and H1 transfers. Same LCA filing, same I-129 forms.
So instead of immediate purge, this is like getting rid of 5 to 10 thousand each month by making extensions and renewals and transfer impossible for those doing the consulting.
Like the admin said, this is the slow bleed of H1B program where death is slow but not obvious and easily detectable.
In some sense there already is, since the former are not subject to cap, while the latter are.
So, why not extend the same argument to other situations?
Get an LCA and impose all kinds of restrictions on new H-1Bs, but don't apply these on existing H-1Bs, especially if they have had their labors filed.
That way, they don't get rid of existing H1B employees.
They only make it harder for new people to get H1bs. Which, it is my understanding, is not our fight.
You hit the nail in the head.
Instead of getting rid of all H1B employees in one full swoop, this lobby wants to put law in place where new H1s will be mostly rejected due the "Consulting clause" and existing H1 employees will be hit in the head with a 2 X 4 when renewing H1, since the scrutiny and paperwork is the same for new H1, H1 extensions and H1 transfers. Same LCA filing, same I-129 forms.
So instead of immediate purge, this is like getting rid of 5 to 10 thousand each month by making extensions and renewals and transfer impossible for those doing the consulting.
Like the admin said, this is the slow bleed of H1B program where death is slow but not obvious and easily detectable.
more...
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alisa
04-07 01:23 PM
Can there be a differentiation between extensions/renewals/company changes and new H1bs?
In some sense there already is, since the former are not subject to cap, while the latter are.
So, why not extend the same argument to other situations?
Get an LCA and impose all kinds of restrictions on new H-1Bs, but don't apply these on existing H-1Bs, especially if they have had their labors filed.
That way, they don't get rid of existing H1B employees.
They only make it harder for new people to get H1bs. Which, it is my understanding, is not our fight.
You hit the nail in the head.
Instead of getting rid of all H1B employees in one full swoop, this lobby wants to put law in place where new H1s will be mostly rejected due the "Consulting clause" and existing H1 employees will be hit in the head with a 2 X 4 when renewing H1, since the scrutiny and paperwork is the same for new H1, H1 extensions and H1 transfers. Same LCA filing, same I-129 forms.
So instead of immediate purge, this is like getting rid of 5 to 10 thousand each month by making extensions and renewals and transfer impossible for those doing the consulting.
Like the admin said, this is the slow bleed of H1B program where death is slow but not obvious and easily detectable.
In some sense there already is, since the former are not subject to cap, while the latter are.
So, why not extend the same argument to other situations?
Get an LCA and impose all kinds of restrictions on new H-1Bs, but don't apply these on existing H-1Bs, especially if they have had their labors filed.
That way, they don't get rid of existing H1B employees.
They only make it harder for new people to get H1bs. Which, it is my understanding, is not our fight.
You hit the nail in the head.
Instead of getting rid of all H1B employees in one full swoop, this lobby wants to put law in place where new H1s will be mostly rejected due the "Consulting clause" and existing H1 employees will be hit in the head with a 2 X 4 when renewing H1, since the scrutiny and paperwork is the same for new H1, H1 extensions and H1 transfers. Same LCA filing, same I-129 forms.
So instead of immediate purge, this is like getting rid of 5 to 10 thousand each month by making extensions and renewals and transfer impossible for those doing the consulting.
Like the admin said, this is the slow bleed of H1B program where death is slow but not obvious and easily detectable.
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sledge_hammer
12-17 03:13 PM
I support the continuation of this thread! I support Marphad's views!
more...
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satishku_2000
08-02 06:12 PM
Guys
A simple question here ... I know that if an I 140 gets rejected 485 results in automatic denial as well as denial of all associated benifits. Is there any use with the labor? Can it be used to file for 140 again or can it be used to extend the H1B after 6 years.
A simple question here ... I know that if an I 140 gets rejected 485 results in automatic denial as well as denial of all associated benifits. Is there any use with the labor? Can it be used to file for 140 again or can it be used to extend the H1B after 6 years.
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jonty_11
09-26 12:29 PM
all the speculation aside, it would be good know waht IV core thinks abt this...or whats the Outlook of our Lobbying firm...for McCain or Obama
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Macaca
04-08 05:24 PM
I will not get time to read the bill. Please let me know if I am correct on the following and/or I have missed something important. Thanks!
1. More stringent conditions on hiring H1B.
2. H-1B employees can not consult: outplacement at client site is illegal.
3. Company can not have more then 50% H-1B employees.
4. More stringent checks by DOL when H1B is employed.
5. H1B extension has to go through LCA (applicable to persons already on H1B).
Further, it may be implemented arbitrarily (unspecified parts) by USCIS.
1. More stringent conditions on hiring H1B.
2. H-1B employees can not consult: outplacement at client site is illegal.
3. Company can not have more then 50% H-1B employees.
4. More stringent checks by DOL when H1B is employed.
5. H1B extension has to go through LCA (applicable to persons already on H1B).
Further, it may be implemented arbitrarily (unspecified parts) by USCIS.
qplearn
11-15 09:29 AM
There is no change in his strategy; but what is interesting is: he is now claiming that many of the new (freshmen) Democrats are in fact "Lou Dobb Democrats." :) Is he suggesting that they support his stand?
He is also claiming now that he never opposed legal immigration beyond the 1 million that enters every year. He must have forgotten about his daily telecast on H1Bs (in 2003-2004), whose number is well within the limits of 1 million. What was he screaming about then?
Lou Dobbs is losing it, I think, which can only be a good sign. But if CNN were to fire him, that will be the best thing to happen.
He is also claiming now that he never opposed legal immigration beyond the 1 million that enters every year. He must have forgotten about his daily telecast on H1Bs (in 2003-2004), whose number is well within the limits of 1 million. What was he screaming about then?
Lou Dobbs is losing it, I think, which can only be a good sign. But if CNN were to fire him, that will be the best thing to happen.
krishnam70
03-26 07:10 PM
The attachment upload fails for me as well but goddamn UN, you are unbelievable.
1. Your knowledge of the specifics and technicalities and access to information is very impressive
2. And you go out of your way to share it with others
That being said, I skimmed through the document real quick and the part that caught my eye was the AAOs point on the applicant never having resided/lived in the same state as the employer, which you had also mentioned in one of your earlier posts.
Wouldn't that be quite common in most consulting scenarios? What if the beneficiary/applicant has never lived in the same state as the petitioning employer but has lived in and worked for the employer (at client locations, offsite assignments) in nearby bordering states, from before the labor was filed and until long after the 485 was filed. Do you see the USCIS ever having issues with that?
That whenever a company now applies for an H1 ( not that many companies are going to do in this climate) they have to put in as many locations/states as possible? By your suggestions if USCIS is deeming most h1b companies as 'Staffing' companies(and if it allows them to exist) then almost all H1 LCA should contain 4-5 states in which the H1B could work? How would prevailing wage calculation be done in that case? Or for that matter if each time an H1B candidate goes to work in a different location and the employer(staffing) company files 'Amend petition for location' does the prevailing wage factor come in to picture?
your advise in this could help some people who are in consulting so that they can insist with their employers to file for 'amend' in case they are working elsewhere.
- cheers
kris
1. Your knowledge of the specifics and technicalities and access to information is very impressive
2. And you go out of your way to share it with others
That being said, I skimmed through the document real quick and the part that caught my eye was the AAOs point on the applicant never having resided/lived in the same state as the employer, which you had also mentioned in one of your earlier posts.
Wouldn't that be quite common in most consulting scenarios? What if the beneficiary/applicant has never lived in the same state as the petitioning employer but has lived in and worked for the employer (at client locations, offsite assignments) in nearby bordering states, from before the labor was filed and until long after the 485 was filed. Do you see the USCIS ever having issues with that?
That whenever a company now applies for an H1 ( not that many companies are going to do in this climate) they have to put in as many locations/states as possible? By your suggestions if USCIS is deeming most h1b companies as 'Staffing' companies(and if it allows them to exist) then almost all H1 LCA should contain 4-5 states in which the H1B could work? How would prevailing wage calculation be done in that case? Or for that matter if each time an H1B candidate goes to work in a different location and the employer(staffing) company files 'Amend petition for location' does the prevailing wage factor come in to picture?
your advise in this could help some people who are in consulting so that they can insist with their employers to file for 'amend' in case they are working elsewhere.
- cheers
kris
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