bigboy007
04-27 11:28 PM
For me as i did similar analysis during CIR 2007 the text of the bill looks very much similar. They had the same issues on H1/L1 except now fraud prevention... Not sure where it goes... Any idea Pappu, PPL seem to be still interested in debating H1Vs L1 etc... For sure more offshoring...
Pappu,
I went through the text of the new bill vis-a-vis current INA and compared the old and the proposed act. Here are the findings -
Section 101 - This spells disaster for all H1Bs in consulting companies (as FT or C2C) -
by striking clause (ii) of sub-paragraph (E) of the section 212(n)(1), and then adding the new clauses under (F), they are PROHIBITING placement of H1B employees on another employer's site, period. This will affect NOT ONLY pure staffing (desi or non-desi) companies who place their W-2 H1B employees at client site, BUT ALSO big consulting companies like IBM/ACCENTURE/DELOITTE et al. No placement/leasing/outsourcing/contracting for services or otherwise at another employer, period - UNLESS a waiver is obtained, which will mean every company will need to obtain a waiver in order to do so, EFFECTIVELY ENDING ANY CONSULTING BY H1B.
Section 102 - This spells disaster for all companies who's H1B+L1 > 50% total employees
by inserting two new clauses (H) and (I) in section 212(n)(1), it prohibits H1B only or H1B preferred advertisements and prevents any company that employees more than 50 employees to submit NEW H1B/L1 application IF the total number of H1B and L1 employees exceeds 50% of its total employees. It also requires ANY company employing even a single H1B employee to submit W-2s of IRS. This affects ALL Indian IT companies like TCS/WIPRO/INFOSYS/COGNIZANT et al.
remaining sections (103 onwards) are more about enforcement and investigations.
Section 201 - This spells disaster for companies that bring in workers on L visas
This also affects ALL Indian IT companies like TCS/WIPRO/INFOSYS/COGNIZANT et al. AS WELL AS some other companies that might bring in workers from their home country.
IN SUMMARY -
In the SHORT RUN, this hurts outsourcing industry, as they need more time, and H1B/L1 resources on site to transition the work offshore, but I agree that in the LONG RUN, it will GREATLY BENEFIT AND INCREASE OUTSOURCING.
That will indeed be a sad day. Grassley and Durbin are trying to cut the branch they are sitting on. :) This will have the exact opposite of their desired effect.
Hope this helps.
Pappu,
I went through the text of the new bill vis-a-vis current INA and compared the old and the proposed act. Here are the findings -
Section 101 - This spells disaster for all H1Bs in consulting companies (as FT or C2C) -
by striking clause (ii) of sub-paragraph (E) of the section 212(n)(1), and then adding the new clauses under (F), they are PROHIBITING placement of H1B employees on another employer's site, period. This will affect NOT ONLY pure staffing (desi or non-desi) companies who place their W-2 H1B employees at client site, BUT ALSO big consulting companies like IBM/ACCENTURE/DELOITTE et al. No placement/leasing/outsourcing/contracting for services or otherwise at another employer, period - UNLESS a waiver is obtained, which will mean every company will need to obtain a waiver in order to do so, EFFECTIVELY ENDING ANY CONSULTING BY H1B.
Section 102 - This spells disaster for all companies who's H1B+L1 > 50% total employees
by inserting two new clauses (H) and (I) in section 212(n)(1), it prohibits H1B only or H1B preferred advertisements and prevents any company that employees more than 50 employees to submit NEW H1B/L1 application IF the total number of H1B and L1 employees exceeds 50% of its total employees. It also requires ANY company employing even a single H1B employee to submit W-2s of IRS. This affects ALL Indian IT companies like TCS/WIPRO/INFOSYS/COGNIZANT et al.
remaining sections (103 onwards) are more about enforcement and investigations.
Section 201 - This spells disaster for companies that bring in workers on L visas
This also affects ALL Indian IT companies like TCS/WIPRO/INFOSYS/COGNIZANT et al. AS WELL AS some other companies that might bring in workers from their home country.
IN SUMMARY -
In the SHORT RUN, this hurts outsourcing industry, as they need more time, and H1B/L1 resources on site to transition the work offshore, but I agree that in the LONG RUN, it will GREATLY BENEFIT AND INCREASE OUTSOURCING.
That will indeed be a sad day. Grassley and Durbin are trying to cut the branch they are sitting on. :) This will have the exact opposite of their desired effect.
Hope this helps.
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minimalist
10-03 03:45 PM
:eek:
This post molests the definition of argument/debate, medical science and logic in general. Actually, it has nothing to do with the topic at hand.
Internet hates you for this post.
on how you intentionally lied to get into US?
This post molests the definition of argument/debate, medical science and logic in general. Actually, it has nothing to do with the topic at hand.
Internet hates you for this post.
on how you intentionally lied to get into US?
needhelp!
03-13 11:43 AM
This will help people like me who are unable to be part of any state chapter to know what is happening at IV. Keep our sprits high.
Thank you
You can join one of the existing state chapters for now.
For those who are not able to put their faith in the efforts of the IV Core, too bad you didn't volunteer and participate in lobby day last September.
If you had been there, you would not suspect the motives or say things like they are taking credit for good news etc.. It is very disappointing to hear that.
I think it is reasonable that we won't be getting day-to-day updates and details on the background efforts. From my side, I have enough trust in the organization that when IV asks for the participation of the community, I will support it whole-heartedly.
Thank you
You can join one of the existing state chapters for now.
For those who are not able to put their faith in the efforts of the IV Core, too bad you didn't volunteer and participate in lobby day last September.
If you had been there, you would not suspect the motives or say things like they are taking credit for good news etc.. It is very disappointing to hear that.
I think it is reasonable that we won't be getting day-to-day updates and details on the background efforts. From my side, I have enough trust in the organization that when IV asks for the participation of the community, I will support it whole-heartedly.
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Bokke
06-07 08:53 AM
so, is skinning the click wheel ok? because i don't think ipod skins have that....
euhm yeah.. i've did it, but dont know if its legal..
B3NKobe ?
euhm yeah.. i've did it, but dont know if its legal..
B3NKobe ?
more...
dpp
02-01 02:07 PM
Fraud is not correct word, it is because of lack of policies or loop holes in the current Immigration System. This can be found in any system, any country, any people. So, there is no need to talk on that. It is better to put our EB related retrogression problems to Congress and no use in discussing these. Otherwise If you start discussing on fraud, every work done by everybody is going to have some kind of fraud. It is to survive and so people do whatever it is, with in the limits of law.
All people who are being labelled as socalled "Americans" came here like immigrats and theft the land from Native indians. So, everybody is doing wrong. That's part of time. So, no need to blame just few. It is being done by everybody. So, please skip the topic and focus on the our current problems.
All people who are being labelled as socalled "Americans" came here like immigrats and theft the land from Native indians. So, everybody is doing wrong. That's part of time. So, no need to blame just few. It is being done by everybody. So, please skip the topic and focus on the our current problems.
anzerraja
07-19 07:40 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 ?
Remember, most people are working hard and chances are that they may get fired for jobs doing this.
SO many IV members have been risking thier jobs to work hard on these things.
So many people have taken unpaid vacations, spent valuble time on this.
Kudos to Aman, Himanshu, Jwalant, and all other folks who are helping the community.
A lot of people are free riders, they come to IV for informartion only. A lot of people do not want to do anything, just because someone else is doing it for them. I have heard excuses from people saying "Don't you have anything else to do??? You will be fired from your job, I bet you, don't get disillusioned by these folks at IV, they cant move a stone"
http://immigrationvoice.org/forum/showthread.php?t=10708
Could you please pledge an amount ?
Remember, most people are working hard and chances are that they may get fired for jobs doing this.
SO many IV members have been risking thier jobs to work hard on these things.
So many people have taken unpaid vacations, spent valuble time on this.
Kudos to Aman, Himanshu, Jwalant, and all other folks who are helping the community.
A lot of people are free riders, they come to IV for informartion only. A lot of people do not want to do anything, just because someone else is doing it for them. I have heard excuses from people saying "Don't you have anything else to do??? You will be fired from your job, I bet you, don't get disillusioned by these folks at IV, they cant move a stone"
more...
ssa
08-13 08:11 PM
Chanakya, whatever your arguments may be but calling the current state of EB2-I a "plight" is a little crazy. We are seeing one of the biggest advancements in PD dates for EB2-I. I can understand if an EB3-I feels outraged after reading your post.
I'm EB2 myself but a little empathy would be a good thing... :)
I'm EB2 myself but a little empathy would be a good thing... :)
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hopelessGC
04-15 02:31 PM
My Application is also in Texas. I got a Soft LUD too... Seems like they are also preadjudicating
If I don't get an RFE following this LUD, then I will have more confidence switching to EAD when my H1-B expires in September.
If I don't get an RFE following this LUD, then I will have more confidence switching to EAD when my H1-B expires in September.
more...
indyanguy
11-09 02:55 PM
NO point#1 is not true. in fact it is biggest misconception - I remember reading some where that if you have consumed all your 6 years on H1, your extension of H1B beyond 6 years is only based on pending AOS. So in this case, if your 485 is rejected, also your H1B. If you continue to work on H1B even after this, it is illegal.
(This is what I believe & I may be wrong. I am not lawyer, this is not legal advice & check with your attorney first before deciding anything)
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?
(This is what I believe & I may be wrong. I am not lawyer, this is not legal advice & check with your attorney first before deciding anything)
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?
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trueguy
11-04 04:03 PM
What do you think is the percentage of EB3 -I, who entered their info in this poll?
That is the million dollar question :) and I wish we knew the answer
That is the million dollar question :) and I wish we knew the answer
more...
chetanjumani
03-14 02:15 PM
We have seen that even after the PD being current, there have been many people whose cases have not been approved. We saw last year in July many cases with later priority date and later receipt dates were approved and people with earlier PD and earlier Receipt dates still waiting,
Now with the 180 day rule for FBI name check, things could be expected to be little better, but we have to remember that since most of the cases are paper based, some one has to physically get to cases from a huge storage, sort it manually, distribute it manually and get it adjudicated.
So even if the visa number is current, just beacuse the number of applications are so high that we still cannot say for sure whose cases are going to be approved.
From www.immigration-information.com, it appears, the biggest factor in getting the GC visa number allocated to a case is, having a case ready to be adjudicated and in the hands of an immigration officer at a time, when both processing date and priority dates are current. It appears that even after the huge retrogression, there were not enough demand for AOS based approvals, so they had to PD current to allow CP based cases to use the visas and ensure they are not wasted. I like the fact that visa were at least not wasted, but I would have loved to see applicants who have been waiting for years to have a first opportunity to that visa, specially because they have done everything that any one could do.
I have been pro-fee increase by USCIS, only provided that they will use this money to expedite the processing, make things eletronic, make things more transparent, and to be honest, I feel the overall improvements are happening. Though I still see a lot of scope for futher improvements.
We have clearly seen that labor processing has been improved dramatically with PERM. Now waiting for years to get Labor is almost history. I hope that IV and all its members direct its efforts towards ensuring that we see the improvements in efficiency that we expected to happen with fee increases.
Lets unite together to work for a system which is fair and efficient for everyone. Lets contribute to IV administrative fixes and any other efforts which will ensure a higher efficiency and better utilization of visa numbers for AOS applications.
I would like to take this opportunity to ask all the smart and creative people here to put some effort and find out what real steps could be taken
Like
- Identify what was expected from the fees increases like
=>more information online about the case status.
=> Some tracking on how much backlog is reduced each month
=> come up with a trend of how much time it would take to complete the backlog.
=> Use the statistics, to keep the pressure on the agencies, to improve effencies.
- Verify that those steps (which needed fee increase) have actually taken place
- Maintain Statistics to show how successful Fee Increase was ....
- Ask for multi year EAD/AP
- Ensure, that once a higher fees is paid for EAD/AP, every one should be treated equally(as in all other renewals should be free)
Keep coming up with what all needs to be done. How we could track it. How could we maintain statistics which would put the needed pressure on agencies which need to improve....
Again I would encourage to come with ideas which will unite the legal immigrants togther and be fair to every one instead of ideas that will divide us and help one group at the cost of other.
We all deserve to get cases processed in a reasonable time. SO lets put ideas together....................
Now with the 180 day rule for FBI name check, things could be expected to be little better, but we have to remember that since most of the cases are paper based, some one has to physically get to cases from a huge storage, sort it manually, distribute it manually and get it adjudicated.
So even if the visa number is current, just beacuse the number of applications are so high that we still cannot say for sure whose cases are going to be approved.
From www.immigration-information.com, it appears, the biggest factor in getting the GC visa number allocated to a case is, having a case ready to be adjudicated and in the hands of an immigration officer at a time, when both processing date and priority dates are current. It appears that even after the huge retrogression, there were not enough demand for AOS based approvals, so they had to PD current to allow CP based cases to use the visas and ensure they are not wasted. I like the fact that visa were at least not wasted, but I would have loved to see applicants who have been waiting for years to have a first opportunity to that visa, specially because they have done everything that any one could do.
I have been pro-fee increase by USCIS, only provided that they will use this money to expedite the processing, make things eletronic, make things more transparent, and to be honest, I feel the overall improvements are happening. Though I still see a lot of scope for futher improvements.
We have clearly seen that labor processing has been improved dramatically with PERM. Now waiting for years to get Labor is almost history. I hope that IV and all its members direct its efforts towards ensuring that we see the improvements in efficiency that we expected to happen with fee increases.
Lets unite together to work for a system which is fair and efficient for everyone. Lets contribute to IV administrative fixes and any other efforts which will ensure a higher efficiency and better utilization of visa numbers for AOS applications.
I would like to take this opportunity to ask all the smart and creative people here to put some effort and find out what real steps could be taken
Like
- Identify what was expected from the fees increases like
=>more information online about the case status.
=> Some tracking on how much backlog is reduced each month
=> come up with a trend of how much time it would take to complete the backlog.
=> Use the statistics, to keep the pressure on the agencies, to improve effencies.
- Verify that those steps (which needed fee increase) have actually taken place
- Maintain Statistics to show how successful Fee Increase was ....
- Ask for multi year EAD/AP
- Ensure, that once a higher fees is paid for EAD/AP, every one should be treated equally(as in all other renewals should be free)
Keep coming up with what all needs to be done. How we could track it. How could we maintain statistics which would put the needed pressure on agencies which need to improve....
Again I would encourage to come with ideas which will unite the legal immigrants togther and be fair to every one instead of ideas that will divide us and help one group at the cost of other.
We all deserve to get cases processed in a reasonable time. SO lets put ideas together....................
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yadavnay
07-18 12:40 PM
DateDelivered:Jul 2nd
Center:NSC
Status:None
Center:NSC
Status:None
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WillIBLucky
11-16 02:13 PM
Oh I was telling in general. You are senior to me though. I was curious watcher for about 4 month before i joined this week. I think its my 3rd day and I am liking it. I would surely contribute as well in coming days.
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chanduv23
03-20 02:19 PM
Probably his employer is finding excuses not to file his GC and like his employees on H1B.
Dude, whatever it is, get out of that hole if you cant get GC filed.
1. Line up another job.
2. Go there or else, tell your employer, that "Find a way to file my GC, otherwise HASTALA VISTA baybee...".
3. Choose your option.
I was in similar situation. My previous company was merged into a new company, and I got screwed big time on wage issues.
Yeah, I learnt everything the hard way.
But for people out there, if you have a choice, utilize it. Don't give into exploitation
Dude, whatever it is, get out of that hole if you cant get GC filed.
1. Line up another job.
2. Go there or else, tell your employer, that "Find a way to file my GC, otherwise HASTALA VISTA baybee...".
3. Choose your option.
I was in similar situation. My previous company was merged into a new company, and I got screwed big time on wage issues.
Yeah, I learnt everything the hard way.
But for people out there, if you have a choice, utilize it. Don't give into exploitation
more...
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RollingStone12
04-24 11:26 AM
There is no dearth of MORONs here. Here's another one. First Moron snathan asked me for website one may ask why? just because my handle was similar to somebody's.. Now this Moron RollingStone12 thinks i am PlainSpeak for reasons only moron can come up with and is asking for address. I doubt if he will be willing to 125 St Harlem.. but you never know he might just because he is a complete MORON... so I am scared to give out my address :p
YOU two will make a greate MORON DUO
Again you win....I dont have the capability to fight with a Slut...now go back to your hole, take a pill and sleep and come back as PlainSpeak.
YOU two will make a greate MORON DUO
Again you win....I dont have the capability to fight with a Slut...now go back to your hole, take a pill and sleep and come back as PlainSpeak.
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fide_champ
12-11 10:54 AM
Dont loose heart, usually in December things seem slow. Even I had delay experience few years ago
Thanks deardar but at this point i need more than just words of encouragement.
Thanks deardar but at this point i need more than just words of encouragement.
more...
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s_dhakhwa@hotmail.com
01-31 05:03 PM
Just voted on both.
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freedom_fighter
10-31 01:48 AM
can someone explain to me how to get to a service center ? what is this POJ technique?
thanks.
thanks.
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laksmi
11-24 06:17 PM
i am working on H1B and my wife is on H4, she was not included in 485 yet so she is not having EAD, can i change status from H1B to EAD, please advice.
pa_arora
01-31 02:03 PM
i had 25 of my friends voted for it and now its on number 3 and 11 respectively.
WOOOO HOOOO.
running around to have more peoplr vote for it...
make it number 1 guys.
WOOOO HOOOO.
running around to have more peoplr vote for it...
make it number 1 guys.
surabhi
08-26 12:56 AM
another common tactic is to bounce checks on pretext that signature on check does not match that on signature card.
one more is to freeze the accoutn for inactivity > 90 days.
I have been victim on more than 1 occasion for each of above tactics. Each time its annoyance ( writing letter. nothing gets done online), fees charged and increased blood pressure.
Unfortunately switching costs are high due to time taken to open new accounts and there is no guarantee that others are any better.
one more is to freeze the accoutn for inactivity > 90 days.
I have been victim on more than 1 occasion for each of above tactics. Each time its annoyance ( writing letter. nothing gets done online), fees charged and increased blood pressure.
Unfortunately switching costs are high due to time taken to open new accounts and there is no guarantee that others are any better.
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