dpp
11-06 04:13 PM
I don't think it is correct. There is no requirement in H1B to look for American first, if nobody found then sponsor for H1B. It is there in GC process for labor market check. H1B law is not having tougher provisions to not to misuse it. So, thats that reason, some are misusing. Its like Labor substitution. Previously, there is no law that says you shouldn't substitute labor, but now we have it. It is about changing H1B law to reduce fraud.
But as someone said, increasing H1B fees is not the way of controlling fraud. They should decrease the fees back to $360, just application fee, but correct the H1B law so that only people really need it will get the visas.
The intent of the H1B program is not to bring people in the country in "Anticipatory mode" as you put it. The intent of the H1B program had always been for US employers to hire foreign skilled workers "On-Demand" when no american is willing, qualified or able to do the said job. Prior to 1999, the visa cap was 65000/yr WITHOUT the extra master's degree cap we have now, and still visas were never totally used up for any year, certainly not on the first day. It is only after the advent of the IT consulting companies hoarding visas in "anticipation" of future jobs that the problems started. Without any restrictions on this kind of abuse, no amount of H1 visa increase would be sufficient. They are talking of raising visas to 130,000 right? Based on the FY 2008 applications, those visas would be used up in TWO DAYS!
IMHO, the intent of the H1B program is equally important than just loopholes (or not) in the letter of the law.
But as someone said, increasing H1B fees is not the way of controlling fraud. They should decrease the fees back to $360, just application fee, but correct the H1B law so that only people really need it will get the visas.
The intent of the H1B program is not to bring people in the country in "Anticipatory mode" as you put it. The intent of the H1B program had always been for US employers to hire foreign skilled workers "On-Demand" when no american is willing, qualified or able to do the said job. Prior to 1999, the visa cap was 65000/yr WITHOUT the extra master's degree cap we have now, and still visas were never totally used up for any year, certainly not on the first day. It is only after the advent of the IT consulting companies hoarding visas in "anticipation" of future jobs that the problems started. Without any restrictions on this kind of abuse, no amount of H1 visa increase would be sufficient. They are talking of raising visas to 130,000 right? Based on the FY 2008 applications, those visas would be used up in TWO DAYS!
IMHO, the intent of the H1B program is equally important than just loopholes (or not) in the letter of the law.
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desi485
11-09 11:25 PM
Thanks for the additional information. In case 1 - can the applicant still retain the priority date if s/he wants to start a new GC process? In other words, does 6 year expiration have any effect on retaining PD?
From what I have gathered so far, it appears that it's a misconception that a lot of people have who feel it's safer to stay on H1. It doesn't sound like EAD is as bad as I had once initially thought..
As far as I know, one retains the PD for life once I-140 is approved; unless CIS revokes I-140 due to fraud or min-interpretation. Otherwise PD is yours forever, across the category (eb-1, 2 or 3).
From what I have gathered so far, it appears that it's a misconception that a lot of people have who feel it's safer to stay on H1. It doesn't sound like EAD is as bad as I had once initially thought..
As far as I know, one retains the PD for life once I-140 is approved; unless CIS revokes I-140 due to fraud or min-interpretation. Otherwise PD is yours forever, across the category (eb-1, 2 or 3).
days_go_by
08-01 02:36 PM
While we are at it let me throw this in....
Assuming you decide to persue MBA from a good university instead of online. What kind of investment of time and money are you looking at? Is it really worth the investment when you are already in your 30's? Is is worth spending the time and money on a MBA? If you spend the same time/money on a business opportunity wouldn't that be better in the longer run? Is it practical to start a business when you are in the 7th/8th/9th year of H1b with no idea if/when you will get GC? Is it a safer bet to invest in education?
---------------
In my opnion starting your own business is always a good idea, of course with uncertainities with GC process it is another risk added to the enterprise.
In my opinion, doing an MBA from a good school can open up doors to further growth in a comapny. With jsut technical skills it can get stagnated.
Age should not be a restraint, but with age comes other responsibilities of familiy etc, those could be more limiting.
I think doing MBA from a good institute is good idea, India is really humming and has lot of growth opportunities for MBAs.
Assuming you decide to persue MBA from a good university instead of online. What kind of investment of time and money are you looking at? Is it really worth the investment when you are already in your 30's? Is is worth spending the time and money on a MBA? If you spend the same time/money on a business opportunity wouldn't that be better in the longer run? Is it practical to start a business when you are in the 7th/8th/9th year of H1b with no idea if/when you will get GC? Is it a safer bet to invest in education?
---------------
In my opnion starting your own business is always a good idea, of course with uncertainities with GC process it is another risk added to the enterprise.
In my opinion, doing an MBA from a good school can open up doors to further growth in a comapny. With jsut technical skills it can get stagnated.
Age should not be a restraint, but with age comes other responsibilities of familiy etc, those could be more limiting.
I think doing MBA from a good institute is good idea, India is really humming and has lot of growth opportunities for MBAs.
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funny
10-08 12:51 PM
http://www.bestsyndication.com/?q=tough-days-ahead-indian-real-estate-market
more...
shahuja
02-03 05:32 AM
H1baspirant, you should be fine..my brother was F1-OPT-H1. His interview was in ND and kept his pp. he got his pp back with stamp withiin 9 calendar days..i think you PIMS should be done. In mumbai they are asking candidates to drop pp and etc once PIMS is verified. So maybe your case is same..
i was interviewed on on Jan 14th..so far its 21st calendar day..they have my pp and i am just waiting each day..mine is H1B renewal.
i was interviewed on on Jan 14th..so far its 21st calendar day..they have my pp and i am just waiting each day..mine is H1B renewal.
GC_1000Watt
01-09 12:18 AM
This shows that the backlog is more than the numbers on USCIS website. People need to stop wasting time on tracking and spend time in their office work. Backlog means more business money for lawyers and trackers. IV is very small. Unless IV had hundreds of thousands of members, they cannot do lobbying like AILA or Microsoft. EB3 India and now EB3ROW is in a pitiable state. All those EB3ROW who used to be happy will now see the reality. Thank god I ported to EB2 but the dates for EB2 do not move enough. I think anyone who can should port to EB2 ASAP. This is the only solution.
You're right. No offence but no authority seems to be listening to IV suggestions. I agree that people at IV are doing great job, but the problem is nobody is listening. They just don't care. And this think will go on & on. I remember s'body suggesting hunger strike and at that point of time I thought that won't work. But now it seems we have to go extreme and do hunger strike and stuff to pressurize this crappy system.
EB3 people don't think I am being selfish here. The truth is we have to work unitely and pressurize for visa recapture. That will be beneficial for e'body.
Lets target the 'Asses' asking for a kick. Let's all kick ass.
You're right. No offence but no authority seems to be listening to IV suggestions. I agree that people at IV are doing great job, but the problem is nobody is listening. They just don't care. And this think will go on & on. I remember s'body suggesting hunger strike and at that point of time I thought that won't work. But now it seems we have to go extreme and do hunger strike and stuff to pressurize this crappy system.
EB3 people don't think I am being selfish here. The truth is we have to work unitely and pressurize for visa recapture. That will be beneficial for e'body.
Lets target the 'Asses' asking for a kick. Let's all kick ass.
more...
GotGC??
01-30 01:16 PM
I remember the interim rule saying that:
- the process of labor substitution itself will be eliminated
- I-140 applications based on approved LCs (now, only in your name only) need to be applied within 45-days of LC's approval.
Does someone have the (official) link to this news that DOL has submitted this rule to OMB.
No, 45 days condition is not for "to file 140 within 45 days of labor approval"
But it is for the company to substitute the LC for some other employee within 45 days.
There is no time limit set to file I-140 for the employee for whom the LC was issued.
- the process of labor substitution itself will be eliminated
- I-140 applications based on approved LCs (now, only in your name only) need to be applied within 45-days of LC's approval.
Does someone have the (official) link to this news that DOL has submitted this rule to OMB.
No, 45 days condition is not for "to file 140 within 45 days of labor approval"
But it is for the company to substitute the LC for some other employee within 45 days.
There is no time limit set to file I-140 for the employee for whom the LC was issued.
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subba
01-30 08:25 AM
Since the company can't reuse my LC (and hence my PD) if I leave after getting I140 approval, does this mean the feasibility of porting PD after I140 approval becomes better?
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hopefulnewyorker
11-06 01:22 PM
Would any increase in the H-1B cap enacted this year have any implications for the current year or would it only relate to FY 2009 and going forward.
Thanks.
Thanks.
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mysticpine
08-19 08:35 PM
http://www.brillig.com/debt_clock
Enjoy
Finally I am a US citizen after being 10+ years in this country. This is one of my biggest fulfillments and it means everything to me. US is just not home anymore for me, it is my country.
Enjoy
Finally I am a US citizen after being 10+ years in this country. This is one of my biggest fulfillments and it means everything to me. US is just not home anymore for me, it is my country.
more...
Lasantha
09-25 01:58 PM
Juist to prove the original posters point about IV being intolerant about different points of view and the trigger happy attitude of some members about giving a red dots just because someone else speaks his point of view - I got a very personal and abusive remark with a red dot just for my post above. Not that I really care about Red or Green dots. My GC journey is over. This forum helped me a great deal when I was waiting for my GC. Now I am hear to help others with what I know in their GC pursuit and help with any on going action items. Just wish some members here would grow up and learn to live and let live! :)
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snathan
01-17 12:08 PM
Generally there are lots of people getting affected. But there is no one to lead the fight. I am sure once we start people will come and join. I am in the process of contacting the attorneys and consulting companies to fight together. I am also hoping for IV core to come forward and give us direction on this. I am ready to lead and fight. Are you ready to join me. We ARE FIGHTING FOR US.
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deep2480
01-20 04:50 PM
Count me in and let me know how can i donate money and where we can see how the progress is going on???
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misanthrope
10-03 03:48 PM
on how you intentionally lied to get into US?
Your post subject has grammatical errors. Please look into it. Thanks.
Your post subject has grammatical errors. Please look into it. Thanks.
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chicago60607
09-17 12:20 PM
SO many amendments to HR6020, King is as usual the lead of amendments
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waitin_toolong
12-11 02:09 PM
it has not been a whole week yet so have a heart. Did you try to track the passprt from the vfs site
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vin13
09-17 10:45 AM
Any progress did they start?
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caliguy
09-18 01:35 PM
Thanks @ geesee.
I was transferred to a IO yesterday. She was rude, told me that I should not be calling since they responsed to the first SR that was opened by my attorney on 09/01.
Not sure if you read the other thread, but I have got 2 responses from USCIS so far - one for inquiry that was sent when I took the Infopass and the other one that was opened by my attorney.
Response that I got for inquiry from my Infopass was " Based on the additional documentation provided, your case qualifies for expedited processing. You should hear back from us in 60 days. If you do not hear back in 60 days, please call us back".
I havent provided any documentation to them in the last 2 years, after my FP was done in September 2007.
So when I talked to the IO, she read out that message to me and in a subtle way asked me "What part of that message do you not get"?? I was trying to explain the situation to her, and before I could finish - she said "Sir, I got to move on and take other calls, please dont call back before November 15th".
And then she said the part that chuckles me the most - Sir, is there anything else you would like to me repeat, or do you have any other questions.....??
Hell yeah, I only have one question - when will I get the magic email?? :o
I was transferred to a IO yesterday. She was rude, told me that I should not be calling since they responsed to the first SR that was opened by my attorney on 09/01.
Not sure if you read the other thread, but I have got 2 responses from USCIS so far - one for inquiry that was sent when I took the Infopass and the other one that was opened by my attorney.
Response that I got for inquiry from my Infopass was " Based on the additional documentation provided, your case qualifies for expedited processing. You should hear back from us in 60 days. If you do not hear back in 60 days, please call us back".
I havent provided any documentation to them in the last 2 years, after my FP was done in September 2007.
So when I talked to the IO, she read out that message to me and in a subtle way asked me "What part of that message do you not get"?? I was trying to explain the situation to her, and before I could finish - she said "Sir, I got to move on and take other calls, please dont call back before November 15th".
And then she said the part that chuckles me the most - Sir, is there anything else you would like to me repeat, or do you have any other questions.....??
Hell yeah, I only have one question - when will I get the magic email?? :o
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ak27
07-21 10:58 AM
Well,
I am also in same boat. I have been keeping myself busy with studies, I was able to complete MBA and as well PMP. However, I would like to caution people on study front. Please give lots of thoughts on what do you want to study. One of the problem which I am facing after my MBA degree i.e. I am more frustrated being stuck in current position and doing something for which I am over qualified.
I would be interested in knowing about prospect for folks like us in Aus. I would appreciate if someone on this thread provide some clues on Aus.
I went to India couple of months back and there are lots of opportunities. But, I am not convinced if Indian market will be able to sustain this momentum over long period of time due to infrastructure problems and weak governments.
It is good thread and we should keep sharing our thoughts.
I am also in same boat. I have been keeping myself busy with studies, I was able to complete MBA and as well PMP. However, I would like to caution people on study front. Please give lots of thoughts on what do you want to study. One of the problem which I am facing after my MBA degree i.e. I am more frustrated being stuck in current position and doing something for which I am over qualified.
I would be interested in knowing about prospect for folks like us in Aus. I would appreciate if someone on this thread provide some clues on Aus.
I went to India couple of months back and there are lots of opportunities. But, I am not convinced if Indian market will be able to sustain this momentum over long period of time due to infrastructure problems and weak governments.
It is good thread and we should keep sharing our thoughts.
bkarnik
09-17 01:50 PM
The effective date could be one of the amendments .... it is changeable.
yes it is...but will they do it?:)
yes it is...but will they do it?:)
anzerraja
07-19 07:38 PM
There is a funding drive in this other thread towards reimbursing Aman's expenses.
http://immigrationvoice.org/forum/sh...874#post125874
Could you please pledge an amount ?
What is obvious is either you have been sleeping all thru or you are new to IV. Aman has made atleast 25-30 trips to DC in last18-20 months
http://immigrationvoice.org/forum/sh...874#post125874
Could you please pledge an amount ?
What is obvious is either you have been sleeping all thru or you are new to IV. Aman has made atleast 25-30 trips to DC in last18-20 months