gc_check
01-15 11:59 AM
Hope the AILA and ImmigrationVoice leadership can work together to urge USCIS to post a statement explaining that the guidelines in the memo are initially meant to encourage compliance by the businesses and prevent abuse; and that the USCIS would start enforcing them starting Jan 2012 or later. Thus it may be just a matter of getting used to the extra bureaucracy.
I pray that we all get sorted sooner, so we can start focusing on other important aspects of our careers and family lives.
_____________________for those very concerned____________________
It is easy to tell others to be cool headed to think rationally, but we all agree that its true -so let us try doing so.
I personally believe that most folks shall still be fine - this includes a lot of consulting company folks. We all (everyone having/renewing/aspiring H1) need to start collecting all documentary evidences as mentioned in the memo.
If you do not already do so - start following the guidelines for what USCIS considers as proof of Employer-employee relationships - exchanging weekly status e-mails, work assignments, etc. Also please remember to save these documents more securely (possibly at more than a single location). There could be a few more hassles, for example requesting access to old deleted e-mails from server backups. Start working to get yourself copies of service level agreements and contracts between the various layers of consulting companies - after seeing this memo most HR staff would get cooperative. Provide copies of the memo to your consulting companies sales and placement staff - as they would not want to loose their commissions and thus would help persuade your managers and HR staff to start complying.
_____________________________________________
Best Wishes for all.
Why do you think Jan 2012 a better date to start implementing this Memo... The memo in it is current form, does more harm than good.. wheather it is effective immediatley or not.
BTW, Once the memo is circulated, it is like a work instrcutions / guidance that will be followed immediately upon receipt or untill it is rescinded.
Though its intention is to target bad people and do good for all, this affected many many genuine cases too defeating the cause. Regardless, enforcement is good for people here already and for the ones planning to join the good people here in future, but the enforcement should not negatively hurt the good ones....
I pray that we all get sorted sooner, so we can start focusing on other important aspects of our careers and family lives.
_____________________for those very concerned____________________
It is easy to tell others to be cool headed to think rationally, but we all agree that its true -so let us try doing so.
I personally believe that most folks shall still be fine - this includes a lot of consulting company folks. We all (everyone having/renewing/aspiring H1) need to start collecting all documentary evidences as mentioned in the memo.
If you do not already do so - start following the guidelines for what USCIS considers as proof of Employer-employee relationships - exchanging weekly status e-mails, work assignments, etc. Also please remember to save these documents more securely (possibly at more than a single location). There could be a few more hassles, for example requesting access to old deleted e-mails from server backups. Start working to get yourself copies of service level agreements and contracts between the various layers of consulting companies - after seeing this memo most HR staff would get cooperative. Provide copies of the memo to your consulting companies sales and placement staff - as they would not want to loose their commissions and thus would help persuade your managers and HR staff to start complying.
_____________________________________________
Best Wishes for all.
Why do you think Jan 2012 a better date to start implementing this Memo... The memo in it is current form, does more harm than good.. wheather it is effective immediatley or not.
BTW, Once the memo is circulated, it is like a work instrcutions / guidance that will be followed immediately upon receipt or untill it is rescinded.
Though its intention is to target bad people and do good for all, this affected many many genuine cases too defeating the cause. Regardless, enforcement is good for people here already and for the ones planning to join the good people here in future, but the enforcement should not negatively hurt the good ones....
wallpaper PENDANT 1849 CALIFORNIA GOLD
ghouse1742
03-30 06:03 PM
We all have different views and support different nut jobs standing in elections. The real sad part is to see some people who I dont think are really bad, openly in this discussion forum putting one community down. Supporting a arsonist, a murderer, a rapist and who has blood of 2000 innocent people on his hands as a "good" administrator is an insult to the intellegence we all claim to have. All communities/castes/religions have suffered enough in India already and not one religion or people can claim to be on morally high ground. We all have kept quiet through the darkest times in India. We should not anymore. Stop insulting the great men (Nehru, Gandhi and others) of our country. With out them and their work we all would be polishing the shoes of some firangi. We are young and we should think about pushing India forward, otherwise some of us with our twisted thinking (for sure we are all showing here) will be the next numb nuts standing in the elections in few years. Jai Hind!!!
samay
07-30 04:24 PM
Hello Samay,
First of all thank you so much for answering my questions.
In my LCA(H1B) Prevailing wage is mentioned $ 55K & in my Labor(PERM) application Prevailing wage is mentioned $ 65K.
My labor(PERM) has been approved & I-140 is in process at TSC.
My question is
This diffrence between LCA mentioned prevailing wage(i.e. $55K) & Labor(PERM) prevailing wage(i.e. $65K) going to create any problem at stage of I-140 or later in I-485??
I am getting paid as mentioned in LCA i.e. $55K.
I will greatly appreciate response.
Thanks.
Both these are separate processes and note that the I-140 is for a future job.So relax.
First of all thank you so much for answering my questions.
In my LCA(H1B) Prevailing wage is mentioned $ 55K & in my Labor(PERM) application Prevailing wage is mentioned $ 65K.
My labor(PERM) has been approved & I-140 is in process at TSC.
My question is
This diffrence between LCA mentioned prevailing wage(i.e. $55K) & Labor(PERM) prevailing wage(i.e. $65K) going to create any problem at stage of I-140 or later in I-485??
I am getting paid as mentioned in LCA i.e. $55K.
I will greatly appreciate response.
Thanks.
Both these are separate processes and note that the I-140 is for a future job.So relax.
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voldemar
04-28 01:16 PM
so no more labor substitution han? that sounds so sweet to me. we should expect pd movement for eb3 now and maybe for eb2 too now. and this is the best news i have heard in such a long time.
Not yet. Rule should be published in Federal Register.
Not yet. Rule should be published in Federal Register.
more...
h1techSlave
01-19 01:37 PM
You have made a good point. When you think about it, the lawyers are the only winners in the immigration mess.
I just heard from attorney there are lot of debate going on in AILA and they are trying to stop this memo from being implemented...they are the one going to lose more business then the body shops....
I just heard from attorney there are lot of debate going on in AILA and they are trying to stop this memo from being implemented...they are the one going to lose more business then the body shops....
gopinathan
07-28 10:39 AM
if someone talk to you about this business - next time, simply say you already quit this business once. that should stop them...
more...
Winner
09-23 01:36 PM
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.
I used www.MemberhomeLoan.com
I used www.MemberhomeLoan.com
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amoljak
07-26 11:09 PM
I was approached by a Quixtar "Business Owner" in Ikea. I had fallen in their trap once before and had to listen to the whole business plan and how I was wasting my life working for someone else etc. etc.
He used his signature opening line: Are you Indian?
I replied: NO
Poor fellow didn't know what to say next.
He used his signature opening line: Are you Indian?
I replied: NO
Poor fellow didn't know what to say next.
more...
Refugee_New
02-12 12:43 PM
EB2 India is screwed again. My wait continues.................
hair 2011 1849 California Gold Rush
kondur_007
07-23 03:15 PM
Thanks !! I had a quick question ..the rules for the spillover, is that a law or does that depend on USCIS or DOS ?
In other words can they change the rules for spillover once again ..say next year ?
Hmmm...that's the question everyone is asking and I tried to read the actual law on this. I am not a lawyer, but what I can interpret is this: The law does not say anything about the "primary handle". In other words, if there is a spill over, should it be confined to the categories or to the countries... (which is a 'stronger' limit: per country or the category?) and this issue is not addressed specifically and that's why DOS has decided to interprete it differently now....
So in short, you are right: it is purely an interpretation from someone in DOS and it may change
I still feel there is small hope for EB3-ww and maybe even EB3-I ...majority of the EB2 cases were filed during july fiasco ..what if they have not been processed yet ? i.e. they will keep moving the dates fwd till it becomes current (if that still does not use up the visas) ..then they would move EB3-ww dates fwd ..once again this is wishing and dreaming :)
That is actually a wishful thinking, and eventhough a long shot, it is possible with USCIS (anything is possible with them:p)
But remember, if they use up this year's numbers by sept, they will retrogress everything again till the end of next fiscal year and that buys them another year to process those applications (without the worry of dealing with any new 485s due to retrogression)
They will think several hundred times before making EB2 current, because that will mean a new round of applications (everyone with PDs in 2006 have filed their 485 already any way, and so current advancing of the dates was a calculated move not to allow any new filing).
But as I said above, anything is possible with USCIS:p
Good Luck to all of us...
In other words can they change the rules for spillover once again ..say next year ?
Hmmm...that's the question everyone is asking and I tried to read the actual law on this. I am not a lawyer, but what I can interpret is this: The law does not say anything about the "primary handle". In other words, if there is a spill over, should it be confined to the categories or to the countries... (which is a 'stronger' limit: per country or the category?) and this issue is not addressed specifically and that's why DOS has decided to interprete it differently now....
So in short, you are right: it is purely an interpretation from someone in DOS and it may change
I still feel there is small hope for EB3-ww and maybe even EB3-I ...majority of the EB2 cases were filed during july fiasco ..what if they have not been processed yet ? i.e. they will keep moving the dates fwd till it becomes current (if that still does not use up the visas) ..then they would move EB3-ww dates fwd ..once again this is wishing and dreaming :)
That is actually a wishful thinking, and eventhough a long shot, it is possible with USCIS (anything is possible with them:p)
But remember, if they use up this year's numbers by sept, they will retrogress everything again till the end of next fiscal year and that buys them another year to process those applications (without the worry of dealing with any new 485s due to retrogression)
They will think several hundred times before making EB2 current, because that will mean a new round of applications (everyone with PDs in 2006 have filed their 485 already any way, and so current advancing of the dates was a calculated move not to allow any new filing).
But as I said above, anything is possible with USCIS:p
Good Luck to all of us...
more...
Openarms
08-17 03:49 PM
Well - world is definitely a beautiful place. World is beautiful because of beautiful good people. Like there is a saying "How is house different from a home? House maybe be beatiful and big but it is a home ONLY if it is a happy place to live" and making the world our home lies in how we make sure that it is a happy place to live.
While your approach towards solving the problems is "education" in my opinion education does help, but that is NOT the only factor. Change happens gradually. Don't we all agree that the most educated people might be the biggest "problem creators"
WRT snathan - he is a personal friend and I know him. He is sympathetic towards poor and downtrodden and wants to fight against injustice etc.....
To snathan - to understand things in a better perspective, I recommend that you try this. Invite 30 hungry, poor, starving people to your house and provide them with food, education, good life and ask them to seek opportunities to better themselves. You may face the following
(1) People may get more demanding
(2) They may fight among themselves
(3) Some might steal from you
(4) Some might get into unethical activities
(5) Some might disrespect you and step over you
(6) They may show more respect to those who did not care for them and curse you for some silly reason.
You might find some good people who really do what you intend them to do.
Why I say this is - there is no GOOD POOR MAN nor BAD RICH MAN - different people behave different in different circumstances.
Did you know that India's independence struggle, American civil liberty struggle were all funded by rich businessmen - they trusted the leaders and gave a lot of money for campaigns for them to be successful.
--- Do these things or ASK our SRK/Politicians/Business Tycoons to do -----
When I say education, you can not just isolate it from mother tree. It is root of the tree... all the branches grow from there...
Like you said give education for those 30 children born from today and come back after 20 years.. see how their lives would be different for better then those 30 unfortunate children who are unable to have education.
Give education for an entire generation of kids for 20 years....and let them figure out their problems...don't just feed them, don't just build homes for them...don't need to solve the problems for them.. let them figure out... that is what going on in USA.
You can not tie INDIA and USA together.... all you are doing is comparing apples to oranges... don't do that...India needs to learn sooooo many things from countries like USA... not comparing to them.
While your approach towards solving the problems is "education" in my opinion education does help, but that is NOT the only factor. Change happens gradually. Don't we all agree that the most educated people might be the biggest "problem creators"
WRT snathan - he is a personal friend and I know him. He is sympathetic towards poor and downtrodden and wants to fight against injustice etc.....
To snathan - to understand things in a better perspective, I recommend that you try this. Invite 30 hungry, poor, starving people to your house and provide them with food, education, good life and ask them to seek opportunities to better themselves. You may face the following
(1) People may get more demanding
(2) They may fight among themselves
(3) Some might steal from you
(4) Some might get into unethical activities
(5) Some might disrespect you and step over you
(6) They may show more respect to those who did not care for them and curse you for some silly reason.
You might find some good people who really do what you intend them to do.
Why I say this is - there is no GOOD POOR MAN nor BAD RICH MAN - different people behave different in different circumstances.
Did you know that India's independence struggle, American civil liberty struggle were all funded by rich businessmen - they trusted the leaders and gave a lot of money for campaigns for them to be successful.
--- Do these things or ASK our SRK/Politicians/Business Tycoons to do -----
When I say education, you can not just isolate it from mother tree. It is root of the tree... all the branches grow from there...
Like you said give education for those 30 children born from today and come back after 20 years.. see how their lives would be different for better then those 30 unfortunate children who are unable to have education.
Give education for an entire generation of kids for 20 years....and let them figure out their problems...don't just feed them, don't just build homes for them...don't need to solve the problems for them.. let them figure out... that is what going on in USA.
You can not tie INDIA and USA together.... all you are doing is comparing apples to oranges... don't do that...India needs to learn sooooo many things from countries like USA... not comparing to them.
hot 1849 Gold Rush California
sk2006
08-15 03:40 PM
Try detaining any of their top Hollywood Heroes at an Indian airport for 2 hours and see how USA media and people will react to it.
You people have no respect for your own motherland and always think everything American is good than your own country. Learn to stand up for your motherland. Just because you want your greencard does not mean you forget your roots. Anti-Immigrants (read racists) of this country will still call you slumdogs even if you are a citizen of this country. But your own country people will never forget you and will accept you as their own even if you have lived here for 50 years.
Learn to love your motherland.
Where is the question fo MOTHERLAND here?
Did Indian media not raise hell on this issue? That is how the thread started.
AajTak and Sahara Samay new channels kept showing it for a day.
SRK is just like any other Indian. And how do you know he did not show ATTITUDE in those two hours to cause the interrogation to run 2 hours?
Everyday many people are inquired by immigration officers. Should we start a new thread every day?
You people have no respect for your own motherland and always think everything American is good than your own country. Learn to stand up for your motherland. Just because you want your greencard does not mean you forget your roots. Anti-Immigrants (read racists) of this country will still call you slumdogs even if you are a citizen of this country. But your own country people will never forget you and will accept you as their own even if you have lived here for 50 years.
Learn to love your motherland.
Where is the question fo MOTHERLAND here?
Did Indian media not raise hell on this issue? That is how the thread started.
AajTak and Sahara Samay new channels kept showing it for a day.
SRK is just like any other Indian. And how do you know he did not show ATTITUDE in those two hours to cause the interrogation to run 2 hours?
Everyday many people are inquired by immigration officers. Should we start a new thread every day?
more...
house Antique Arms, Inc. - Colt
anai
06-26 04:22 PM
Read in the middle of the page....
"Though the principal employment-based categories are current for July, future retrogression is possible later this fiscal year, particularly if demand for immigrant visas increases substantially. Visa numbers can retrogress in the middle of a month and become unavailable without prior notice. If there is a mid-month retrogression, USCIS could elect to stop accepting adjustment applications. While this is unlikely to occur in July 2007, it becomes more and more possible as the fiscal year progresse"
Hope this help
http://pubweb.fdbl.com/news1.nsf/9abe5d703b986cff86256e310080943a/8d3d061006d75c47852572ff00687697?OpenDocument
Ok, if the Fragomen page is the source of this rumor: can someone who is a Fragomen client ask their attorney about what's going on here. That might help clarify things a bit. (Given that they are the largest immigration law firm, there's bound to be many IV members for whom Fragomen is preparing documents.)
"Though the principal employment-based categories are current for July, future retrogression is possible later this fiscal year, particularly if demand for immigrant visas increases substantially. Visa numbers can retrogress in the middle of a month and become unavailable without prior notice. If there is a mid-month retrogression, USCIS could elect to stop accepting adjustment applications. While this is unlikely to occur in July 2007, it becomes more and more possible as the fiscal year progresse"
Hope this help
http://pubweb.fdbl.com/news1.nsf/9abe5d703b986cff86256e310080943a/8d3d061006d75c47852572ff00687697?OpenDocument
Ok, if the Fragomen page is the source of this rumor: can someone who is a Fragomen client ask their attorney about what's going on here. That might help clarify things a bit. (Given that they are the largest immigration law firm, there's bound to be many IV members for whom Fragomen is preparing documents.)
tattoo Ø The gold rush made
imm_pro
07-24 07:43 PM
So to ensure that the CPs utilize all the quota, the dates are moved ahead before the end of the fiscal year and then moved back..hmmm so then again to ensure that the quota is used up in the next fiscal year,the dates will jump ahead again..:confused:
more...
pictures the California Gold Rush.
qualified_trash
10-24 10:24 AM
Ok got it thanks Amoljak
So then that is the only way one can SELL you an approved LC?
there are also genuine cases where a big company will use the labor approved to try and retain another employ. say they file for LC for employee A. it gets approved but A decides to quit. they can then reuse it for an existing employee who is important to them and employee B then essentially gets to the I140 stage.
So then that is the only way one can SELL you an approved LC?
there are also genuine cases where a big company will use the labor approved to try and retain another employ. say they file for LC for employee A. it gets approved but A decides to quit. they can then reuse it for an existing employee who is important to them and employee B then essentially gets to the I140 stage.
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thomachan72
09-15 02:07 PM
Dont know where you guys get all this information but this thread is like a lamp when you are gropping in a dark cave. The tone seems to be very mild (no hatred / quarelling) and everybody seems to maintain and spread a positive attitude. One thing is undeniably true and that is a positive attitude / outlook always attracts positive things. I encourage everybody to purposefully cultivate positive thoughts (eg:- "something surprising good is going to happen").
more...
makeup Wash Gold Dirt During the
chantu
05-01 02:41 PM
Forget fellow Tamils in SL.....Our CON govt under weak Puppet PM MM Singh cannot protect his fellow citizens. See the link from the US state dept.
http://www.state.gov/s/ct/rls/crt/2008/122434.htm
"In 2008, India ranked among the world�s most terrorism-afflicted countries."
And we still find a large number of educated Indians still vote for this WEAK PM.
http://www.state.gov/s/ct/rls/crt/2008/122434.htm
"In 2008, India ranked among the world�s most terrorism-afflicted countries."
And we still find a large number of educated Indians still vote for this WEAK PM.
girlfriend Antique Arms, Inc. - Colt
eastwest
07-11 03:58 PM
HI,
I have filed my 485 on 8th June 2007, My 140 is approved in August 2006.
I have 2 different questions.
I have changed the job on 1st July 2008. Do I need to involve my attorney to file for AC 21? The New job title is "System Administrator" which is the same ONET CODE.
IN the while I have another offer with title as "Sr Systems Analyst".
My labor was applied as "Network Engineer" ONET code 15-1071. Can I switch to a job with title "Sr. Systems Analyst" ONET Code 15-1081.00 or 15-1051.00
Thanks
I have filed my 485 on 8th June 2007, My 140 is approved in August 2006.
I have 2 different questions.
I have changed the job on 1st July 2008. Do I need to involve my attorney to file for AC 21? The New job title is "System Administrator" which is the same ONET CODE.
IN the while I have another offer with title as "Sr Systems Analyst".
My labor was applied as "Network Engineer" ONET code 15-1071. Can I switch to a job with title "Sr. Systems Analyst" ONET Code 15-1081.00 or 15-1051.00
Thanks
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jhaalaa
01-13 05:19 PM
IV Core and Administrators
1. AOS applicants using EAD are presently unaffected (if they do not have H1) by this memo. Could you please inquire from USCIS contacts, in case more similar "guidelines" are being planned for folks using EADs?
2. Also is something more being planned/announced for AC21's "same or similar" criteria? A while back we had a thread collecting evidences and suggestions from the IV members about its interpretation. Please help provide a status update about the meetings with USCIS, IV core group discussions and plans, etc.
Thanks for all your efforts.
Best Wishes for all.
1. AOS applicants using EAD are presently unaffected (if they do not have H1) by this memo. Could you please inquire from USCIS contacts, in case more similar "guidelines" are being planned for folks using EADs?
2. Also is something more being planned/announced for AC21's "same or similar" criteria? A while back we had a thread collecting evidences and suggestions from the IV members about its interpretation. Please help provide a status update about the meetings with USCIS, IV core group discussions and plans, etc.
Thanks for all your efforts.
Best Wishes for all.
NNReddy
04-03 01:12 AM
1. Mayawati.
2. Sharad Pawar.
3. ManMohan Singh.
one of these for sure
2. Sharad Pawar.
3. ManMohan Singh.
one of these for sure
jackrabbit
03-26 06:45 PM
No, waiting for OMB clearance.
And does this mean that this law will definitely change, or is it still possible that vested interests may still keep substition alive?
And does this mean that this law will definitely change, or is it still possible that vested interests may still keep substition alive?
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