add78
04-28 09:37 AM
It's not just 180 daysd before the application, it also includes 180 days AFTER the application.
This is the current section on 90 days period
(E)(i) In the case of an application described in clause (ii),
the employer did not displace and will not displace a United States
worker (as defined in paragraph (4)) employed by the employer within
the period beginning 90 days before and ending 90 days after the
date of filing of any visa petition supported by the application.
And the ammendment in the new bill
(1) NONDISPLACEMENT.--Subparagraph (E) of such section 212(n)(1) is amended--
(A) in clause (i)--
(i) by striking ``90 days'' both places it appears and inserting ``180 days'';
Yes, I got that already, I did not specify in my message as it is a "after the fact" requirement, i.e. I am not undermining its potential disastrous ramifications of having to force the layoff of already hired H1B if any other layoffs occur post the H1B hire, I was simply trying to focus my analysis on the impact BEFORE the H1B employee even be hired by employer or placed at client site. But yes, this applies AFTER 180 days as well.
This is the current section on 90 days period
(E)(i) In the case of an application described in clause (ii),
the employer did not displace and will not displace a United States
worker (as defined in paragraph (4)) employed by the employer within
the period beginning 90 days before and ending 90 days after the
date of filing of any visa petition supported by the application.
And the ammendment in the new bill
(1) NONDISPLACEMENT.--Subparagraph (E) of such section 212(n)(1) is amended--
(A) in clause (i)--
(i) by striking ``90 days'' both places it appears and inserting ``180 days'';
Yes, I got that already, I did not specify in my message as it is a "after the fact" requirement, i.e. I am not undermining its potential disastrous ramifications of having to force the layoff of already hired H1B if any other layoffs occur post the H1B hire, I was simply trying to focus my analysis on the impact BEFORE the H1B employee even be hired by employer or placed at client site. But yes, this applies AFTER 180 days as well.
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satishku_2000
05-24 11:59 PM
I am not working in permanent job. I am also in consulting job. I am not supporting the restrictions. I am giving comments. Some comments were not liked by some IV members and they are suspecting that I am anti immigrant from alipac or numbersusa. But I strongly suspect Indian bodyshoppers and consulting companies used big portion of H1bs, and that might be reason for those restrictions. Till 3 months before everything was going well and all of IV provisions were there in the skil bill and strive. But suddenly Durbin bill was introduced and just a few weeks back they sent a notice to Top most Indian companies about H1b. Whatever reply Indian companies give may create more trouble.So something went terriably wrong in past 3 months. Not even one pro legal immigrant amendment in Senate. I am not seeing anyone working seriously except IV. Immigration lawyers are more bothered about point system and family based immigration system.
I understand your views and sentiments but you should be outraged too at the CIRcus bill...
I understand your views and sentiments but you should be outraged too at the CIRcus bill...
Subsonic
04-07 02:08 PM
I am never happy spending money..this makes me jump around! Sent my $100 thru Paypal, Confirmation number 6H78079329445613H.
Excellent suggestions to raise money. I can do a strip show if someone has the stomach for it and big heart to pay for it.:cool:
Excellent suggestions to raise money. I can do a strip show if someone has the stomach for it and big heart to pay for it.:cool:
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learning01
02-01 07:07 PM
(Gavel noise * 3)
more...
Praveenkumar
10-29 10:52 AM
caliguy
Could you please send me the letter that you sent to Sec. NAPOLITANO-
Thanks
Could you please send me the letter that you sent to Sec. NAPOLITANO-
Thanks
nc14
09-17 01:55 PM
I dont see this going anywhere. Looks like we will be stuck on HR6020
2nd order amendment -seems related to illegal immigration and deportation of convicted criminals
2nd order amendment -seems related to illegal immigration and deportation of convicted criminals
more...
greencardvow
10-12 05:23 PM
If thats the case then why did they reopen my new case which is from my current employer. The old case from previous employer isnt even touched. The previous employer was a desi company. The new employer is a US corporation with just 1 H1 employee.
To Everyone...
DO NOT PANIC. These notices are usually sent when you have any H1 transfer pendings most of the time ( at least in case of H1). By law, the employer is supposed to notify USCIS whenever any employer has left the company.
The re-opening of case is a letter from USCIS to the previous employers to confirm that the employee no longer works and is usually sent to the attorney.
So chill and don't sweat.
To Everyone...
DO NOT PANIC. These notices are usually sent when you have any H1 transfer pendings most of the time ( at least in case of H1). By law, the employer is supposed to notify USCIS whenever any employer has left the company.
The re-opening of case is a letter from USCIS to the previous employers to confirm that the employee no longer works and is usually sent to the attorney.
So chill and don't sweat.
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rimzhim
02-01 04:56 PM
A desi consulting company brought him to the US. When they realized he wasn't going to get a project, they just didn't let go of him. Since he was a reliable guy (1. he can be trusted with monthly grocery payment 2. his labor can be sold later to others 3. he servres as an insider who can get information if other consultants are trying to be sneaky by getting their resumes marketed by another company, etc etc, basically he is an asset even thought he doesn't have a project), they just decided to keep him there. These companies don't have attorneys. They take care of all legal matters themselves. Now, how much is hte USCIS fee to file for labor? How much to file for I-140? Peanuts right? So they continue to keep his application active. How hard do you think it is to get fake references when you can make fake resumes. They have fake pay stubs. Fake experience. Fake this and fake that. Everything they do is fake.
So to others who have said that this thread has to be dropped, and have said that these desi companies are right in doing what they're doing, or who have blamed the system - I think that you are one of those people who are involved in such a racket. I know that I have touched your nerves by letting the whole world about this (not that some people didn't know this already). Why else would you want this thread dropped?
unbelievable is all i can say. i just hope that there are not too many cooks around. but the truth is that this is a racket and busting these rackets will actually reduce retrogression.
So to others who have said that this thread has to be dropped, and have said that these desi companies are right in doing what they're doing, or who have blamed the system - I think that you are one of those people who are involved in such a racket. I know that I have touched your nerves by letting the whole world about this (not that some people didn't know this already). Why else would you want this thread dropped?
unbelievable is all i can say. i just hope that there are not too many cooks around. but the truth is that this is a racket and busting these rackets will actually reduce retrogression.
more...
GCSOON-Ihope
12-12 02:18 PM
Again, thank you all!
As a matter of fact, I am going back to France for 2 weeks next Sunday.
That's my first time there in 8 years...
I haven't told anybody yet about what happened recently.
They don't even know the whole story. Yes, all those years I had to lie, especially to my parents:I didn't want them to worry about me.
I was always saying: "I am fine, just fine.."
I am waiting for my friends and family to ask me the usual question:
"So, how come you don't have your GC yet? What are you doing?"
Then, I will have something to show them!
As a matter of fact, I am going back to France for 2 weeks next Sunday.
That's my first time there in 8 years...
I haven't told anybody yet about what happened recently.
They don't even know the whole story. Yes, all those years I had to lie, especially to my parents:I didn't want them to worry about me.
I was always saying: "I am fine, just fine.."
I am waiting for my friends and family to ask me the usual question:
"So, how come you don't have your GC yet? What are you doing?"
Then, I will have something to show them!
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mhathi
11-02 01:34 PM
I have been looking at opportunities elsewhere. However, in my field (not IT related), US is still a very good destination and my skills are also in demand in US and elsewhere. My home country, however, still lacks the basic infrastructure needed for me consider that as an option.
Nonetheless, as I said, if things don't improve by 2009, 2010 then I will be forced to consider other options such as australia/europe/canada. But I dont think I agree to "Quit America" just to prove a point. I will do what I think is best for my career and future; as the congress must do what they think is best for America's future. If given the chance, I will contribute to the continued success of this nation... else will move where my skills are in demand.
Meanwhile, get invoved in state chapters to convince congressmen about our plight, and let them decide about the country's future.
Nonetheless, as I said, if things don't improve by 2009, 2010 then I will be forced to consider other options such as australia/europe/canada. But I dont think I agree to "Quit America" just to prove a point. I will do what I think is best for my career and future; as the congress must do what they think is best for America's future. If given the chance, I will contribute to the continued success of this nation... else will move where my skills are in demand.
Meanwhile, get invoved in state chapters to convince congressmen about our plight, and let them decide about the country's future.
more...
she81
01-31 01:49 PM
Please read and vote cautiously as another illegal immigration related clause is at number 5
Whoa, the question is up at number 3 now!
Thanks syzygy but I think I can discern that much.
Whoa, the question is up at number 3 now!
Thanks syzygy but I think I can discern that much.
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GCAmigo
02-06 11:40 AM
So How come all we hear from the core team is requests for contribution?
& you have the answer 2 ur question..
& you have the answer 2 ur question..
more...
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psgprasad
07-19 03:39 PM
Was a recurring contributor. $50 per months nearly contributed $600/-
Stopped contributing when the CIR 2007 failed, lost hope in the system, I am sorry for that.
Now after seeing the efforts of the member in the flower campaign and sanjose rally, I am getting my confidence back and started my subscription again for $50 per month.
Will do additional contributions.
No single person needs to spend $64000/- for the community, which are supposed to have a decent earning and educated.
Everyone legal immigrant now has some debt to pay to Aman and IV.
Please help yourself by making a little contributions, if we 15,000 active members and everyone is contributing $10 per month, it will be 150,000 dollors, which is a good amount for lobbying. I am sure everyone can afford this amount monthly.
Start contributing, and let us make our dream realized.
Stopped contributing when the CIR 2007 failed, lost hope in the system, I am sorry for that.
Now after seeing the efforts of the member in the flower campaign and sanjose rally, I am getting my confidence back and started my subscription again for $50 per month.
Will do additional contributions.
No single person needs to spend $64000/- for the community, which are supposed to have a decent earning and educated.
Everyone legal immigrant now has some debt to pay to Aman and IV.
Please help yourself by making a little contributions, if we 15,000 active members and everyone is contributing $10 per month, it will be 150,000 dollors, which is a good amount for lobbying. I am sure everyone can afford this amount monthly.
Start contributing, and let us make our dream realized.
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felix31
02-06 12:51 PM
lasts even that long.. it probably will be exhausted during April itself..
well, I have to keep my hopes up. Since I HAVE to wait to get H4 extension before I can apply for H1 transfer, I'd like to see them last long enough so that I can get an H1 IN time, this year.
It can be so disappointing to get the job but miss the quota for 2 consecutive years :mad: :mad: :mad: and then 2 years I was ineligible for H1 because of the 6 yr limit. :( :mad:
Anyway, every dog has its day and I am hoping this is the year when I get my H1. :D
well, I have to keep my hopes up. Since I HAVE to wait to get H4 extension before I can apply for H1 transfer, I'd like to see them last long enough so that I can get an H1 IN time, this year.
It can be so disappointing to get the job but miss the quota for 2 consecutive years :mad: :mad: :mad: and then 2 years I was ineligible for H1 because of the 6 yr limit. :( :mad:
Anyway, every dog has its day and I am hoping this is the year when I get my H1. :D
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raj2007
06-11 08:28 PM
Hi Gurus,
I need an advice from you.
The situation:
-- Involved in a collision few months back. As I had rear ended the vehicle, as per the investigation, it was found it was my fault(80% mine - 20% others)
-- Now after more than 18 months, I get a law suit for 3.25 million dollars(. This was served against ppl who were involved. Right now my I have my EAD and AP and maintaining H1 status.
So what are my options now?
1. Check with attorney and start defending..?
2. pack the bags and go back to my country ? If so, will there be any issues in coming back again, say after 3,4 years?
3. What about my GC?
Any help would be greatly appreciated and I guess it would be a biggest decision of my life ..
Thx,
PD is Nov 2006.
What's your insurance coverage? It seems you had rental car. Have you taken the rental coverage at that time?
Send me PM and I can ask my friend, who was invloved in big accident like you. Insurance company will fight for the last penny and after that you have to pay, if it is not covered.
I need an advice from you.
The situation:
-- Involved in a collision few months back. As I had rear ended the vehicle, as per the investigation, it was found it was my fault(80% mine - 20% others)
-- Now after more than 18 months, I get a law suit for 3.25 million dollars(. This was served against ppl who were involved. Right now my I have my EAD and AP and maintaining H1 status.
So what are my options now?
1. Check with attorney and start defending..?
2. pack the bags and go back to my country ? If so, will there be any issues in coming back again, say after 3,4 years?
3. What about my GC?
Any help would be greatly appreciated and I guess it would be a biggest decision of my life ..
Thx,
PD is Nov 2006.
What's your insurance coverage? It seems you had rental car. Have you taken the rental coverage at that time?
Send me PM and I can ask my friend, who was invloved in big accident like you. Insurance company will fight for the last penny and after that you have to pay, if it is not covered.
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anzerraja
07-19 08:46 PM
There is a funding drive in this other thread towards reimbursing Aman's expenses.
http://immigrationvoice.org/forum/showthread.php?t=10708
Could you please pledge an amount ?
I know Aman has made a no. of trips to DC & these are not cheap.
Let us all contribute to pay back all his trips .
I am serious about it as people have no idea what people like Aman & others have done / sacrificed. If fact, we should authorize the Money Manager of IV to immediately release the entire amount Aman & others have spent since 19th December 2005.
I am sure IV must have funds to handle this... if not, atleast start a part payment each month immediately
I do not know, what is IV's internal procedure for these situations.
http://immigrationvoice.org/forum/showthread.php?t=10708
Could you please pledge an amount ?
I know Aman has made a no. of trips to DC & these are not cheap.
Let us all contribute to pay back all his trips .
I am serious about it as people have no idea what people like Aman & others have done / sacrificed. If fact, we should authorize the Money Manager of IV to immediately release the entire amount Aman & others have spent since 19th December 2005.
I am sure IV must have funds to handle this... if not, atleast start a part payment each month immediately
I do not know, what is IV's internal procedure for these situations.
more...
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Mayday
04-03 02:00 PM
In this case the guys as he "claims" appears to have come here without employer calling him. And is trying to complain against. Who will be screwed up. The employer can easily say he anticipated, but no project no, so didnt get the guy to US, as its legally allowed not to get.
Again, I STRONGLY feel this thread, and the similar, are all in an effort to divert our attention. Just stop these by not bumping them, with our comments. Let mine be the last.
Robert, you are WRONG in your position. Actually it is not my vision of situation, it is vision of the USA law.
Empoyer MUST HAVE WITHDRAWN H-1 if H-1B job was no longer available and he DID NOT. He did not promptly respond to the employee, so employee had to stick to the pending agreement and COME to the USA on the designated date, for his own money.
After employee came to the USA employer benched him unpaid, still not revoking H-1 or paying salary as he is supposed to do by the LAW.
Now he must pay employee's tickets to and from USA as it is also required by LAW.
Probably it's kind of costly for just "silence" in the email, but it may be VERY costly for the employee to come - as he may had to end his lease in home country, cheaply sell furniture or have other damages connected with this travel.
Also there is still a possibility, that employer is a fraud, who takes $4000 from employees, applies for visa, and regardless of it being approved or not keeps $2000 from every such application. It's not that little if he applied for let's say 10 or 20 employees.
So I think Alex MUST report the employer to DOL.
Alex should also file police report to check if there is a fraud going on.
Again, I STRONGLY feel this thread, and the similar, are all in an effort to divert our attention. Just stop these by not bumping them, with our comments. Let mine be the last.
Robert, you are WRONG in your position. Actually it is not my vision of situation, it is vision of the USA law.
Empoyer MUST HAVE WITHDRAWN H-1 if H-1B job was no longer available and he DID NOT. He did not promptly respond to the employee, so employee had to stick to the pending agreement and COME to the USA on the designated date, for his own money.
After employee came to the USA employer benched him unpaid, still not revoking H-1 or paying salary as he is supposed to do by the LAW.
Now he must pay employee's tickets to and from USA as it is also required by LAW.
Probably it's kind of costly for just "silence" in the email, but it may be VERY costly for the employee to come - as he may had to end his lease in home country, cheaply sell furniture or have other damages connected with this travel.
Also there is still a possibility, that employer is a fraud, who takes $4000 from employees, applies for visa, and regardless of it being approved or not keeps $2000 from every such application. It's not that little if he applied for let's say 10 or 20 employees.
So I think Alex MUST report the employer to DOL.
Alex should also file police report to check if there is a fraud going on.
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americandesi
07-30 01:13 PM
frustrated2007,
Thanks for the info, In that case my firms tax returns show healthy net assets , lot more than the proofered wage. But I am still worried about the previous americandesi post about requiring Audited Financial statements to show net assets. I don't think my company will spare the time and money to prepare audited financials.
Please read page 2 of Yates memo (Refer link). The Initial evidence "Annual report", "Tax return", and "Audited financial statement" map to "Employment of the beneficiary", "Net income" and "Net current assets" respectively.
http://www.visaportal.com/downloads/...20to%20pay.pdf
Thanks for the info, In that case my firms tax returns show healthy net assets , lot more than the proofered wage. But I am still worried about the previous americandesi post about requiring Audited Financial statements to show net assets. I don't think my company will spare the time and money to prepare audited financials.
Please read page 2 of Yates memo (Refer link). The Initial evidence "Annual report", "Tax return", and "Audited financial statement" map to "Employment of the beneficiary", "Net income" and "Net current assets" respectively.
http://www.visaportal.com/downloads/...20to%20pay.pdf
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axp817
03-30 10:17 PM
Don't know if this is a new procedure that they are following the main law where a valied 140 is needed the whole time.
Wow, that is indeed scary.
If its possible, please keep us posted on what happens with this case.
Thanks,
Wow, that is indeed scary.
If its possible, please keep us posted on what happens with this case.
Thanks,
rimzhim
02-01 03:05 PM
There is one more thing that not many people are aware of.
Let me ask eveybody. Even after all this, why are these Desi consulting companys successful in the market? They have poor quality product (People with forged Resume), they are not charging lower rates, but still they are able to put there people in Projects?
could it be that their products work for less? I am not suggesting this: just pointing out that an anti-immigrant will pick up on this to further his cause. anti-immigrants use all kind of stats to show that their products do charge lower rates.
Let me ask eveybody. Even after all this, why are these Desi consulting companys successful in the market? They have poor quality product (People with forged Resume), they are not charging lower rates, but still they are able to put there people in Projects?
could it be that their products work for less? I am not suggesting this: just pointing out that an anti-immigrant will pick up on this to further his cause. anti-immigrants use all kind of stats to show that their products do charge lower rates.
shahuja
01-31 09:51 AM
Congratulations...and am happy for you.
hello lost in gc world..
which consulate did u go to ?
was your first time H1B or renewal/extension ?
first time to states ?
75 days is definitely scary, but i hope everything gets okay for you.
/shahuja
hello lost in gc world..
which consulate did u go to ?
was your first time H1B or renewal/extension ?
first time to states ?
75 days is definitely scary, but i hope everything gets okay for you.
/shahuja
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