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sidm
04-10 12:38 AM
That is already the law. But this law has been proved to be virtually impossible to enforce. The only practical solution is to deny H1-B's to consulting firms (at least for the positions that require the employee to work at the client location).
All this consultant bashing aside...and while 70% are indeed crooks....there are a lot of Fortune 100 and 500 companies where the entire IT staff is on H1B visas through these same firms.....I wonder who will handle operations if this is banned outright.....there is a reason it is still being allowed despite the abuse....
All this consultant bashing aside...and while 70% are indeed crooks....there are a lot of Fortune 100 and 500 companies where the entire IT staff is on H1B visas through these same firms.....I wonder who will handle operations if this is banned outright.....there is a reason it is still being allowed despite the abuse....
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Berkeleybee
04-10 08:51 PM
Bee:
Also, as you mentioned in your post, the CFR is not a law, it is an interpretation of law made by the agencies and the agencies are free to change the applicability, extension, conditions of eligibility for EAD as they seem fit.
I'm afraid there I may disagree with you -- it is not clear that the CFR can be amended at will, or all the time, by the agencies. Most amendments to the CFR come from "public laws" such as the amendments that came about due to AC21.
(i) This discretion of the agency thing can cut both ways. According to the GAO report, http://www.gao.gov/new.items/d0620.pdf -- see page 22
"In July 2004, USCIS published an interim rule in the Federal Register that allows it more flexibility in establishing the length of validity for Employment Authorization Documents (EAD).Previously, federal regulations required USCIS to limit the time EADs were valid to 1 year for specific types of applicants who applied for employment authorization..... Although the flexibility to set the length of EAD validity is available, USCIS is currently restricting its EAD validity periods to 1 year."
So there is a great to deal to be said for forcing the hand of an agency -- as AC21 did in enabling portability, extensions of visas etc.
(ii) Plus as a matter of practical reality -- do you imagine the moving like slow molasses USCIS/DOS/DOL are more persuadable than fire and brimstone congresspeople? :)
We can certainly toss this out at our next set of meetings, and see if our fate is better served at the hands of USCIS bureaucrats than Congress.
best,
Berkeleybee
Also, as you mentioned in your post, the CFR is not a law, it is an interpretation of law made by the agencies and the agencies are free to change the applicability, extension, conditions of eligibility for EAD as they seem fit.
I'm afraid there I may disagree with you -- it is not clear that the CFR can be amended at will, or all the time, by the agencies. Most amendments to the CFR come from "public laws" such as the amendments that came about due to AC21.
(i) This discretion of the agency thing can cut both ways. According to the GAO report, http://www.gao.gov/new.items/d0620.pdf -- see page 22
"In July 2004, USCIS published an interim rule in the Federal Register that allows it more flexibility in establishing the length of validity for Employment Authorization Documents (EAD).Previously, federal regulations required USCIS to limit the time EADs were valid to 1 year for specific types of applicants who applied for employment authorization..... Although the flexibility to set the length of EAD validity is available, USCIS is currently restricting its EAD validity periods to 1 year."
So there is a great to deal to be said for forcing the hand of an agency -- as AC21 did in enabling portability, extensions of visas etc.
(ii) Plus as a matter of practical reality -- do you imagine the moving like slow molasses USCIS/DOS/DOL are more persuadable than fire and brimstone congresspeople? :)
We can certainly toss this out at our next set of meetings, and see if our fate is better served at the hands of USCIS bureaucrats than Congress.
best,
Berkeleybee
sats123
04-01 03:39 PM
I faxed to AZ senators
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Libra
08-22 11:06 AM
people are interested in polling july receipts threads but no one is interested in polling bus ride threads.
Guys, if you belong to any of the states in the following links please poll, participate in rally on sept 18th in DC.
http://immigrationvoice.org/forum/showthread.php?t=12628
http://immigrationvoice.org/forum/showthread.php?t=12567
http://immigrationvoice.org/forum/showthread.php?t=12599
Guys, if you belong to any of the states in the following links please poll, participate in rally on sept 18th in DC.
http://immigrationvoice.org/forum/showthread.php?t=12628
http://immigrationvoice.org/forum/showthread.php?t=12567
http://immigrationvoice.org/forum/showthread.php?t=12599
more...
spicy_guy
11-09 12:52 PM
I have travel tickets booked for 18th this month. No sign of AP yet.
Can I travel to India without AP and have someone mail AP to India?
Has anyone done this? Any issues?
Appreciate your input on this!
Can I travel to India without AP and have someone mail AP to India?
Has anyone done this? Any issues?
Appreciate your input on this!
desijackass
01-04 10:39 AM
well..if he converts to a Mormon and moves to Iowa..he can have many wifes:D
I think you mean UTAH.
Is it legal to have more than one wife in India?
I think you mean UTAH.
Is it legal to have more than one wife in India?
more...
chanduv23
07-10 08:10 AM
Lot of people love him. They believe him, his expressions, his anger, he manages to get the fire out of people using his rants.
If there is a media drive, I am sure other media will love to rape him and that may work against CNN and CNN will start watching things closely.
This can be just a start but I think we must target this guy - I am sure he will start turning tables and flip flop ...
Remember, America is all about law suits and every corporate makes itself immune from Lawsuit but youtube, google, internet and media is something they cannot immune themsleves from.
If there is a media drive, I am sure other media will love to rape him and that may work against CNN and CNN will start watching things closely.
This can be just a start but I think we must target this guy - I am sure he will start turning tables and flip flop ...
Remember, America is all about law suits and every corporate makes itself immune from Lawsuit but youtube, google, internet and media is something they cannot immune themsleves from.
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gsc999
09-09 06:55 PM
I can help in carrying stuff!
Plz pm me your ph number.
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saggi13
02-17 10:17 PM
to be honest with you, i dont know what USCIS is doing...
i am hoping that they are processing the case, but i am in the same boat as any one else on this thread.
i am hoping that they are processing the case, but i am in the same boat as any one else on this thread.
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nandakumar
05-15 01:42 PM
I agree,
There should be support from most congress person for any bill to pass. All IV members should call the local congress person and request them to support the pro legal immigration bills.
Guys, This discussion has no relevance if the bills won't pass. So it is extremely important to call the specific House members.....
Thank You!
There should be support from most congress person for any bill to pass. All IV members should call the local congress person and request them to support the pro legal immigration bills.
Guys, This discussion has no relevance if the bills won't pass. So it is extremely important to call the specific House members.....
Thank You!
more...
sanju
09-09 11:17 AM
Hi,
I am one of the concurrent filing applicants. I filed my 140 and 485 on July 2. Can you give me a link for this memo ? Also if I invoke ac 21 do i need to file the g28 on 485 ? and what is g28 exactly for ?
In your case, to file AC-21 to change employers, you need to have approved I-140 and will have to wait for 180 days from the 485 receipt.
Just google search Yates memo pdf and you will find it. G-28 is a form that is filed to authorize a lawyer to represent you with USCIS.
I am one of the concurrent filing applicants. I filed my 140 and 485 on July 2. Can you give me a link for this memo ? Also if I invoke ac 21 do i need to file the g28 on 485 ? and what is g28 exactly for ?
In your case, to file AC-21 to change employers, you need to have approved I-140 and will have to wait for 180 days from the 485 receipt.
Just google search Yates memo pdf and you will find it. G-28 is a form that is filed to authorize a lawyer to represent you with USCIS.
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gcstudent
08-12 03:39 PM
In my opinion all this 5 months, 6 months rule applies only if you have not waited at any step. Like in EB1 where you can go thru the whole process in an year.. However if they made you stick to the same employer , same position for 10 yrs (maan i.e 1/4th of your working life!!) you can always have a strong argument even if USCIS decides to do something. I think those who got "freedom" , you have worried enough.. now it is the time to "go out" and enjoy!!
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NNReddy
09-19 03:02 PM
IS it going to be transferred back from CSC to TSC or NSC again? is that happening.
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lskreddy
06-13 12:26 PM
Every one has his own vantage point. Mark K has his own and the others who represented for legal immigration has their own. Mark K's argument to only allow the so called 'Einstein caliber" people speaks volumes about how he has simplified the problem.
Sitting on a high position in an immigration research facility does not necessarily mean that he is abreast with the technological needs. From his arguments, he certainly has proven that he has very little or no idea of where the resource needs are.
Everyone of us are here because there is room for us to work. If his research shows that there are more US people who will fill our shoes, then I am sure the market needs would govern the numbers. For all the anti's who cite articles about how low paid we are, how less qualified we are, they should research to complete the full circle. They leave it half-hearted, its not as if they don't know, they just want to stick on to the rhetoric.
Even to entertain Mark K's idea about bringing the so called cream of the crop, there has to be proven ways to identify who these people are. One way of doing it is to allow people to come here on F1, prove their worth in research, work for a few years. One does not become an EB1 qualified before he steps into the country, he probably climbs his way up to that qualification. Some may succeed, some may fail. To selectively choose the best and expel the rest would mean disaster for the country. These are human lives we are talking about, not parts in a process control factory where you can chuck as and when you need as it does not meet 'specifications'.
He has blinders on, and that will never change. You can't debate a person who has already decided on what the outcome. The most amusing part personally for me is that most of the anti-legal folks accuse the entire industry of conspiring to screw their own. I can see how one or two companies to do that, but to underline that the entire system is geared towards raping their own is blasphemous to say the least.
Sitting on a high position in an immigration research facility does not necessarily mean that he is abreast with the technological needs. From his arguments, he certainly has proven that he has very little or no idea of where the resource needs are.
Everyone of us are here because there is room for us to work. If his research shows that there are more US people who will fill our shoes, then I am sure the market needs would govern the numbers. For all the anti's who cite articles about how low paid we are, how less qualified we are, they should research to complete the full circle. They leave it half-hearted, its not as if they don't know, they just want to stick on to the rhetoric.
Even to entertain Mark K's idea about bringing the so called cream of the crop, there has to be proven ways to identify who these people are. One way of doing it is to allow people to come here on F1, prove their worth in research, work for a few years. One does not become an EB1 qualified before he steps into the country, he probably climbs his way up to that qualification. Some may succeed, some may fail. To selectively choose the best and expel the rest would mean disaster for the country. These are human lives we are talking about, not parts in a process control factory where you can chuck as and when you need as it does not meet 'specifications'.
He has blinders on, and that will never change. You can't debate a person who has already decided on what the outcome. The most amusing part personally for me is that most of the anti-legal folks accuse the entire industry of conspiring to screw their own. I can see how one or two companies to do that, but to underline that the entire system is geared towards raping their own is blasphemous to say the least.
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08-31 02:06 AM
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sheela
11-29 08:19 PM
The message says designated time frame, without specifying what the "designated time frame" is. I am just curious, where did you find that 120 days is the "designated time frame"?
Thumbs up to IV and everyone involved in making this happen.
As of now, for the background/name check -time frame in FBI rule-book is 120 days. It will be great if uscis can approve AOS if nothing adverse is reported by FBI within 120 days
Thumbs up to IV and everyone involved in making this happen.
As of now, for the background/name check -time frame in FBI rule-book is 120 days. It will be great if uscis can approve AOS if nothing adverse is reported by FBI within 120 days
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venky08
01-06 02:48 PM
dont worry, nobody will take any offense from your post...we all are one big happy family around here...right guys???:)
The post did not mean to offend people of any particular community. I apologize, if it appeared that way. So please take this thread light heartedly only.
If it is of any further consolation then here is my brief backgroud:
I am a Hindu by birth.
Did my schooling from a catholic school and know Bible's stories by heart and also had led choirs.
Did my B.S. Mechanical engineering from a prominent miniority university, Aligarh Muslim University.
So you see, I would be the last person to use this story to stereotype folks from any particular religon.
I will conclude by saying that polygamy in India is almost non existent. The story cited here is unique, irrespective of what religion the person belongs to, even though the laws may be permitting in certain cases.
The post did not mean to offend people of any particular community. I apologize, if it appeared that way. So please take this thread light heartedly only.
If it is of any further consolation then here is my brief backgroud:
I am a Hindu by birth.
Did my schooling from a catholic school and know Bible's stories by heart and also had led choirs.
Did my B.S. Mechanical engineering from a prominent miniority university, Aligarh Muslim University.
So you see, I would be the last person to use this story to stereotype folks from any particular religon.
I will conclude by saying that polygamy in India is almost non existent. The story cited here is unique, irrespective of what religion the person belongs to, even though the laws may be permitting in certain cases.
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priderock
07-06 04:51 PM
...................
NO SELF RESPECT
WHITE KISS ARCE ...
SUBMISSIVE U NEED A WHITE MASTER ...
....................
I wonder where you work and which country you live :confused:
NO SELF RESPECT
WHITE KISS ARCE ...
SUBMISSIVE U NEED A WHITE MASTER ...
....................
I wonder where you work and which country you live :confused:
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qvadis
12-29 04:03 PM
No one analysed the statue of the language used in 202 5 a.
If the total number of visas available under paragraph (1), (2), (3), (4), or (5).
You might have to define what the word "is" is ;-)
Anyway, that paragraph also states: "If the total number of visas available under paragraph (1), (2), (3), (4), or (5) [...] exceeds the number of qualified immigrants who may otherwise issued such visas,." but then continues on with: "the visas made available under that paragraph shall be issued without regard to the numerical limitation"
One could interpret this distinction such that the actual number of visas available is not necessarily the same number of visas made available, which is fixed to 28.6% + spill-over. It might, as well, comprise only those unused visas that haven't been passed down to a lower category. 203 (b) (2) / (3) and 202(5) seem to compete over the unused numbers. Not sure which one has preference.
This is the very direct, simple interpretation of 202 5 A.
Therefore one cannot (EB3-ROW) interpret, for their convenience.
Well, that's according to your interpretation. You seem to suggest that USCIS disagrees with your interpretation. We probably have to wait for the next immigration statistics to see what rule USCIS has been following.
Thats why I suggest the IV to discuss with experinced attorney and make a enquiry with law makers or DOS, if required. Otherwise (if it is wrong it is a big blow to India and China). We will get only 2800 per year.
I'd hope IV would focus on increasing the number of GCs available to all of us, instead of fighting for allocation. ACT-21 increased the number of H1B visas without increasing the number of GCs.
If the total number of visas available under paragraph (1), (2), (3), (4), or (5).
You might have to define what the word "is" is ;-)
Anyway, that paragraph also states: "If the total number of visas available under paragraph (1), (2), (3), (4), or (5) [...] exceeds the number of qualified immigrants who may otherwise issued such visas,." but then continues on with: "the visas made available under that paragraph shall be issued without regard to the numerical limitation"
One could interpret this distinction such that the actual number of visas available is not necessarily the same number of visas made available, which is fixed to 28.6% + spill-over. It might, as well, comprise only those unused visas that haven't been passed down to a lower category. 203 (b) (2) / (3) and 202(5) seem to compete over the unused numbers. Not sure which one has preference.
This is the very direct, simple interpretation of 202 5 A.
Therefore one cannot (EB3-ROW) interpret, for their convenience.
Well, that's according to your interpretation. You seem to suggest that USCIS disagrees with your interpretation. We probably have to wait for the next immigration statistics to see what rule USCIS has been following.
Thats why I suggest the IV to discuss with experinced attorney and make a enquiry with law makers or DOS, if required. Otherwise (if it is wrong it is a big blow to India and China). We will get only 2800 per year.
I'd hope IV would focus on increasing the number of GCs available to all of us, instead of fighting for allocation. ACT-21 increased the number of H1B visas without increasing the number of GCs.
ajithk70
07-12 12:19 PM
I got the link fron nbc website. check it out
http://video.msn.com/v/us/msnbc.htm?g=7074a9b5-daf9-4a79-934f-cce39dbeb3ac&f=00&fg=copy
http://video.msn.com/v/us/msnbc.htm?g=7074a9b5-daf9-4a79-934f-cce39dbeb3ac&f=00&fg=copy
chanduv23
11-17 09:06 AM
Thanks for applying and for the quick reply. Your skill set and experienced matched what we are looking for, and you passed the prescreening with perfect scores, except we can not hire anybody that requires sponsorship at this time. If you applied with a mistake on that prescreening question, please change the answer on the prescreening questions. Thank you and good luck!
xxxxx xxxx
xxxxxxxxxxxxxxxxxxxxxxxxxx
Probably, nothing wrong to discriminate against h1b holders, but discrimination against citizens maybe taken seriously. As such, it is at company's discretion to hire u or not, internally, from what I learnt, if the company decides to hire u, they hire u, if not, they may give u this as a reason because they may have found someone with same skills but without requirement for sponser.
If a company desperately needs u, they will do anything to hire u. If company thinks it must not have to deal with legal issues and overheads, it may not hire u, may keep u on hold.
Basically, we are on our own, and we can only try and try. It is the land of opportunities, and there will be opportunities for everyone somewhere.
xxxxx xxxx
xxxxxxxxxxxxxxxxxxxxxxxxxx
Probably, nothing wrong to discriminate against h1b holders, but discrimination against citizens maybe taken seriously. As such, it is at company's discretion to hire u or not, internally, from what I learnt, if the company decides to hire u, they hire u, if not, they may give u this as a reason because they may have found someone with same skills but without requirement for sponser.
If a company desperately needs u, they will do anything to hire u. If company thinks it must not have to deal with legal issues and overheads, it may not hire u, may keep u on hold.
Basically, we are on our own, and we can only try and try. It is the land of opportunities, and there will be opportunities for everyone somewhere.
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