vbkris77
04-27 01:22 PM
Newer version is - as should've been expected - more protectionist than before.
1) It prohibits H1B workers from working in contract positions.There is a redundant provision for the L1 visa as well (there is already a law which does this for L1). However it doesn't prevent American companies from keeping these contract workers in India or elsewhere and co-ordinate the work through web-conferencing, video conferencing, VPN/VNC etc.
The day this law passes will be a great day for Outsourcing, and a sad day for America.
Which part of the text got you to this summary? Am I missing something? I don't see H1B ban for contract positions anywhere.. Pls. clarify.. Thanks for your analysis..
1) It prohibits H1B workers from working in contract positions.There is a redundant provision for the L1 visa as well (there is already a law which does this for L1). However it doesn't prevent American companies from keeping these contract workers in India or elsewhere and co-ordinate the work through web-conferencing, video conferencing, VPN/VNC etc.
The day this law passes will be a great day for Outsourcing, and a sad day for America.
Which part of the text got you to this summary? Am I missing something? I don't see H1B ban for contract positions anywhere.. Pls. clarify.. Thanks for your analysis..
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kandhu
01-30 09:56 PM
Done!
HV000
11-10 08:21 PM
---
Why are you so surprised? If you do get permanent residency then too your prospective wife will not be able to immigrate immediately.
Why do you think that i was 'surprised'?? I was just making a point that this policy was absurd!
Why are you so surprised? If you do get permanent residency then too your prospective wife will not be able to immigrate immediately.
Why do you think that i was 'surprised'?? I was just making a point that this policy was absurd!
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hoping12
02-21 12:30 PM
Hello All,
I am also in the similar suituation.
Left company A and joined company B(H1B transfer approved), Company B applied for I140 using labor substitute.
But when i am checking my previous company A's H1b status it is showing 'The case is reopened'.
I am very much worried about the same.
Some suggestions will be very much helpful.
I am also in the similar suituation.
Left company A and joined company B(H1B transfer approved), Company B applied for I140 using labor substitute.
But when i am checking my previous company A's H1b status it is showing 'The case is reopened'.
I am very much worried about the same.
Some suggestions will be very much helpful.
more...
chanduv23
04-28 08:49 PM
AC21 is a law. However, USCIS not yet published the regulation since year 2000, that binds everyone. All these memos since 2000, are internal to USCIS and not binding. They are very clear in the memo that revokation (except on fraud) of an already approved 140 by the petitioner, after 180 days of pending of 485, will not stop the approval of 485, if employee changes to similar occupation. This is just a non bining internal standard of USCIS. It does not have teeth, as it is not a public regulation. However, this internal standard can be changed by any time with/without public notice or through a regulation. Also, one should remember that, they mentioned in one of their memos that, regulation will be much tougher than memo.
Therefore, as some one is mentioned that, an approved immigrant visa pettion should be always available at the time of issuing GC. That is also a law. This law also need to be met at the time of approval of 485. Therfore AC21 and requirement for availability of approved 140 is two different and counteracting issues.
In practical situation, the employee has no control over 140 in any stage as it is employer's petition. Therefore, if employee leaves the job as per the AC21 law, employer verywell withdraw the 140 even after 180 days of 485 pending and create a situation of unavailability of approved immigrat visa petion for the employee. Therefore, in the final regulation they will make a rule that favours the employee, if everything was bonafide. It is like a aboundened spouse in family catagory.
I think, USCIS is currently taking the tough standard to weed out the consulting compaines (to put a leash on GC factories/body shoppers), as they are the one mostly abusing the EB system. Only those people working in GC factories need to worry. It may be mainly due the current economic situation. I feel thats why they are delaying the regulation. Others need not worry.
Well, 485 denials on ac21 where 140 was revoked has always been happening.
Your interpretation might be right about consulting companies but these denials not necessarily happening to people in consulting companies, they happen to anyone whose 140 was revoked.
Therefore, as some one is mentioned that, an approved immigrant visa pettion should be always available at the time of issuing GC. That is also a law. This law also need to be met at the time of approval of 485. Therfore AC21 and requirement for availability of approved 140 is two different and counteracting issues.
In practical situation, the employee has no control over 140 in any stage as it is employer's petition. Therefore, if employee leaves the job as per the AC21 law, employer verywell withdraw the 140 even after 180 days of 485 pending and create a situation of unavailability of approved immigrat visa petion for the employee. Therefore, in the final regulation they will make a rule that favours the employee, if everything was bonafide. It is like a aboundened spouse in family catagory.
I think, USCIS is currently taking the tough standard to weed out the consulting compaines (to put a leash on GC factories/body shoppers), as they are the one mostly abusing the EB system. Only those people working in GC factories need to worry. It may be mainly due the current economic situation. I feel thats why they are delaying the regulation. Others need not worry.
Well, 485 denials on ac21 where 140 was revoked has always been happening.
Your interpretation might be right about consulting companies but these denials not necessarily happening to people in consulting companies, they happen to anyone whose 140 was revoked.
anjs
01-31 12:04 PM
Done
anjs
anjs
more...
ronhira
07-17 10:53 PM
Is it possible to add VISA recapture to this bill? ????
Family reuniting Bill H.R. 2709 Introduced Jun 4, 2009.
H.R. 2709: Reuniting Families Act (GovTrack.us) (http://www.govtrack.us/congress/bill.xpd?bill=h111-2709)
you got it! its done.... only because u said it.... for such a brilliant idea which no one could think..... i want to nominate you for the president of the united states of america
proud member of 'GCperm for president'!!!!
Family reuniting Bill H.R. 2709 Introduced Jun 4, 2009.
H.R. 2709: Reuniting Families Act (GovTrack.us) (http://www.govtrack.us/congress/bill.xpd?bill=h111-2709)
you got it! its done.... only because u said it.... for such a brilliant idea which no one could think..... i want to nominate you for the president of the united states of america
proud member of 'GCperm for president'!!!!
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gc12292004
09-14 11:45 PM
where is the poll at?
We were approved on 9/2.
Had opened an SR on 8/25 and had sent an email to TSC streamline on 9/1
What is this email to TSC streamline ? How send email to TSC?
We were approved on 9/2.
Had opened an SR on 8/25 and had sent an email to TSC streamline on 9/1
What is this email to TSC streamline ? How send email to TSC?
more...
rimzhim
02-07 07:22 PM
My understanding of SKILL for US MS is that it will not be counted against the cap. I don't see it saying that PD does not matter for US MS. What am I missing? Thanks.
if you are not counted against cap, that is equivalent to visa available = PD current.
if you are not counted against cap, that is equivalent to visa available = PD current.
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ramanka
07-16 01:14 PM
Done
more...
pappu
10-27 02:34 PM
Congrats alterego !
You paid 68K for legal and immigration fees... that is steeep man ! I wonder how...
68K is unbelievable. Can you elaborate how.
The pain during the long wait is understandable.
You paid 68K for legal and immigration fees... that is steeep man ! I wonder how...
68K is unbelievable. Can you elaborate how.
The pain during the long wait is understandable.
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arunmohan
06-13 03:12 PM
Guys!!!
Had it been the year like 1999 with all the efforts from IV, I am defintely sure the CIR reforms would have passed by now.
Issue here is the economy, recession looming large on our face, unemployment level rising, and no one knows whats going to happen in the next two-three years becuase of credit crisis and oil price going above the roof. If this continues for another year, we will be in deep s***.
Thats why no will dare to increase the workforce by issuing more grren cards. Atleast we should feel happy that they havent stopped issuing the cards.
I know its painful to be waiting for years to get a GC. But you do not know how green that card will stay if the current financial crisis continues for 2-3 years.
Fact is, this country is going thru a difficult period of uncertainty. Because of election year rhetoric, no one is going to accept it. But clearly, its not in their interest to get more workforce into this country. They know we have been waiting, and will continue to wait. Look at 2002/2003/2004, when they issued only 20K visas for the entire year. So just hope that things will get bright for this country soon else, we are in for an another hell ride.
Why they are bringing the people on the Lottery. They give 50,000 green cards each year thru lottery system. 50,000 and inlcuding dependents atleast 2 = 150,000 people come. In addition this they give asylum to around 200,000-500,000 people. They come here and start from scratch.
Most of H1B(s) are working here and estabished. If USCIS gives green card to H1B(s), it will not create any problem to the labor market. Infact it will give boost up to economy because people who get GC, they will start buying houses, luxary items and other investment to this country.
Had it been the year like 1999 with all the efforts from IV, I am defintely sure the CIR reforms would have passed by now.
Issue here is the economy, recession looming large on our face, unemployment level rising, and no one knows whats going to happen in the next two-three years becuase of credit crisis and oil price going above the roof. If this continues for another year, we will be in deep s***.
Thats why no will dare to increase the workforce by issuing more grren cards. Atleast we should feel happy that they havent stopped issuing the cards.
I know its painful to be waiting for years to get a GC. But you do not know how green that card will stay if the current financial crisis continues for 2-3 years.
Fact is, this country is going thru a difficult period of uncertainty. Because of election year rhetoric, no one is going to accept it. But clearly, its not in their interest to get more workforce into this country. They know we have been waiting, and will continue to wait. Look at 2002/2003/2004, when they issued only 20K visas for the entire year. So just hope that things will get bright for this country soon else, we are in for an another hell ride.
Why they are bringing the people on the Lottery. They give 50,000 green cards each year thru lottery system. 50,000 and inlcuding dependents atleast 2 = 150,000 people come. In addition this they give asylum to around 200,000-500,000 people. They come here and start from scratch.
Most of H1B(s) are working here and estabished. If USCIS gives green card to H1B(s), it will not create any problem to the labor market. Infact it will give boost up to economy because people who get GC, they will start buying houses, luxary items and other investment to this country.
more...
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Macaca
02-15 02:03 PM
Credibility is lost if dissenting views are deleted. Let's agree to disagree AMICABLY.
Let's agree to disagree- I am very uncomfortable with the attacks on those who share dissenting views or who attack IV core team etc. Let's not forget that we're a democracy and thus entitled to share dissenting views - it is actually healthy.
On the other hand, at the end of a slugfest, we should make some progress. I have not seen any progress in all slugfests. My previous post has an example.
In my own very narrow/assinine/conceted/... way, progress is contributing to IV. Hence, I am focussed on progress in following.
Core is negotiating with a lobbying firm. I understand that QGA was paid 60K.
1. Where is the money for the lobbying firm?
2. Whose problem is it to arrange money for the lobbying firm?
3. How does discussing any issue in the forums help us in arranging money for the lobbying firm?
Let's agree to disagree- I am very uncomfortable with the attacks on those who share dissenting views or who attack IV core team etc. Let's not forget that we're a democracy and thus entitled to share dissenting views - it is actually healthy.
On the other hand, at the end of a slugfest, we should make some progress. I have not seen any progress in all slugfests. My previous post has an example.
In my own very narrow/assinine/conceted/... way, progress is contributing to IV. Hence, I am focussed on progress in following.
Core is negotiating with a lobbying firm. I understand that QGA was paid 60K.
1. Where is the money for the lobbying firm?
2. Whose problem is it to arrange money for the lobbying firm?
3. How does discussing any issue in the forums help us in arranging money for the lobbying firm?
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bach007
07-15 12:25 AM
Looks like we are safe until October! :D
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fasterthanlight�
06-14 11:33 PM
I hope fasterthanlight wins!
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I made one, but my servers down *pos server, always down >_<*
its comin...
I hope so too! :cap:
his rocks!
I made one, but my servers down *pos server, always down >_<*
its comin...
I hope so too! :cap:
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pappu
06-14 11:26 AM
Are you sure your namecheck is pending? How?
Do you have any written proof?
If there is no arrest record or any suspicious item in your application, your application may have been picked up randomly for interview. IV had worked on Namecheck issue in the past and namechecks should not be taking more than 6 months except very very few cases.
Do you have any written proof?
If there is no arrest record or any suspicious item in your application, your application may have been picked up randomly for interview. IV had worked on Namecheck issue in the past and namechecks should not be taking more than 6 months except very very few cases.
more...
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Green Card Aspirant
03-16 11:28 PM
Applying GC in EB2 is appropriate with your education. As long as you have a valid computer science degree ( U R MCA) .. with solid 7 years of experience should be good.
But, it is wise to consult an immigration lawyer because of the current scenario..
Considering earlier days , you would qualify for EB2 with your exp and Masters.
Dont know what exactly , is the case now..
Given a opportunity , do not miss EB2.
But, it is wise to consult an immigration lawyer because of the current scenario..
Considering earlier days , you would qualify for EB2 with your exp and Masters.
Dont know what exactly , is the case now..
Given a opportunity , do not miss EB2.
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jfredr
05-24 01:04 PM
It looks like these politicians want to create more and more pain instead helping to get out of the problem.
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tinamatthew
07-18 03:29 PM
When I applied for my wife who was on L2, it took 14 days.
That is one of the fastest EADs I've heard? Pretty good
That is one of the fastest EADs I've heard? Pretty good
nojoke
10-09 04:54 PM
Before I go any further, please read my disclaimer. The views are soley directed towards local market I am aware of and interests in i.e. GMADA ( Punjab/ Chandigarh area) and in no-way should my views/ opionion be applied to flats in Bombay/ Banglore or Hyd etc. With that said, hear me out.
Their is and last year I first hand expereienced massive infrastrucutral development going on in Delhi as well as in Chandigarh/ Punjab area. Their are supposed to be some Asian or Commonwealth games to happen in 2010. In addition to that, for some great reasons it appears the states closer to national capital had been lacking in basic infrastructural development. Can you believe Bombay-Pune highway is in better conditions than Ludhiana- Delhi, National Highway #1!. FYI: NH-1, is India's historically first highway criss-corssing the country from West to East. So they are playing the catchup game.
With improved basic infrastructure, living and commuting from satillite cities has become much easier than it was 10 yrs ago. Just like sub-urbs here, people want to enjoy life-style that is un-affordable in city centers. The NRI spending clout has wanned in recent years due to rapid development and growth in India. So the babus, politcians, industrialists, cops, Rich middle-class etc are coming in and taking away most of the RE. In addition to that, the basic infrastrucutral development funded by Government is giving a lot of monies to people whose farming land is being acquired to setup airport or industrial/ residentail sectors. These recently cash-rich farmers are not investing back in buying adjoining farm land but also investing in urban properties. You won't believe, but people were compensated quarter million per acre for recent Mohali/ Chd airport expansion. On top of all this, they ever growing population and shrinking available land is organically raising the prices.
With all that going, why would you think RE investment would fail? Plus remember the age-old adage "... Land never fails you." Jats do it!
Your theory that land values never fall in india is not true. Here is the proof. It is a question of affordability. Even if the population explodes and since most of them are poor, there is no justification for such high price appreciation we had in the last 5 years.
http://www.ciol.com/content/news/2006/106042710.asp
-------------------------------------------------------------
�From the peak level, prices started plummeting in 1995. Between 1995 and 2000, the property bubble built on speculations burst and prices declined by almost 30�40 per cent all across India, including Bangalore. There was a slight recovery in 1999-2000 period, riding on the dotcom boom.�
Their is and last year I first hand expereienced massive infrastrucutral development going on in Delhi as well as in Chandigarh/ Punjab area. Their are supposed to be some Asian or Commonwealth games to happen in 2010. In addition to that, for some great reasons it appears the states closer to national capital had been lacking in basic infrastructural development. Can you believe Bombay-Pune highway is in better conditions than Ludhiana- Delhi, National Highway #1!. FYI: NH-1, is India's historically first highway criss-corssing the country from West to East. So they are playing the catchup game.
With improved basic infrastructure, living and commuting from satillite cities has become much easier than it was 10 yrs ago. Just like sub-urbs here, people want to enjoy life-style that is un-affordable in city centers. The NRI spending clout has wanned in recent years due to rapid development and growth in India. So the babus, politcians, industrialists, cops, Rich middle-class etc are coming in and taking away most of the RE. In addition to that, the basic infrastrucutral development funded by Government is giving a lot of monies to people whose farming land is being acquired to setup airport or industrial/ residentail sectors. These recently cash-rich farmers are not investing back in buying adjoining farm land but also investing in urban properties. You won't believe, but people were compensated quarter million per acre for recent Mohali/ Chd airport expansion. On top of all this, they ever growing population and shrinking available land is organically raising the prices.
With all that going, why would you think RE investment would fail? Plus remember the age-old adage "... Land never fails you." Jats do it!
Your theory that land values never fall in india is not true. Here is the proof. It is a question of affordability. Even if the population explodes and since most of them are poor, there is no justification for such high price appreciation we had in the last 5 years.
http://www.ciol.com/content/news/2006/106042710.asp
-------------------------------------------------------------
�From the peak level, prices started plummeting in 1995. Between 1995 and 2000, the property bubble built on speculations burst and prices declined by almost 30�40 per cent all across India, including Bangalore. There was a slight recovery in 1999-2000 period, riding on the dotcom boom.�
gccovet
11-10 02:10 PM
Nice. It appears that according to the link below:
http://immigration-information.com/forums/showpost.php?p=18946&postcount=28
The EAD doesn't get invalid when AOS is denied and will be valid till its expiration date.
On the other hand, it appears that there is an advantage to switching to EAD prior to the 6 year H1 expiration to stop the H1 clock. In situation where a AOS is incorrectly denied, a change of status from EAD to H1 for the remainig time can be helpful.
Thoughts?
Did I understand wrong?
After 6 yrs on H1 with pending AOS, if 485 gets denied, H1 is not renewd. So far so good....
I am under impression that aftet the denial, person still has whatever time left on his H1 to stay and work till H1 expires. No futher extension will be possible due to denial.
Is above statement wrong????
I had checked with my attorney, he had mentioned that I could keep on working till my H1 expired.... I will recheck with him.
Regards.
GCCovet
http://immigration-information.com/forums/showpost.php?p=18946&postcount=28
The EAD doesn't get invalid when AOS is denied and will be valid till its expiration date.
On the other hand, it appears that there is an advantage to switching to EAD prior to the 6 year H1 expiration to stop the H1 clock. In situation where a AOS is incorrectly denied, a change of status from EAD to H1 for the remainig time can be helpful.
Thoughts?
Did I understand wrong?
After 6 yrs on H1 with pending AOS, if 485 gets denied, H1 is not renewd. So far so good....
I am under impression that aftet the denial, person still has whatever time left on his H1 to stay and work till H1 expires. No futher extension will be possible due to denial.
Is above statement wrong????
I had checked with my attorney, he had mentioned that I could keep on working till my H1 expired.... I will recheck with him.
Regards.
GCCovet
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