gc28262
01-13 07:20 PM
Here is why this memo has come up
MurthyDotCom : Senator Grassley and USCIS Response on H1B Fraud & Related Issues (http://www.murthy.com/news/n_grassl.html) Dated Dec 11 2009
The Senator's letter voices concerns that, in the year since that report, the USCIS has not issued guidance to adjudicators as to the specific evidence they are to gather from H1B petitioners to address the fraud / compliance concerns. The letter specifically focuses on employers (consulting companies) that place their workers at third-party worksites, and suggests that it is necessary to provide copies of relevant contracts to establish that there is work to be performed immediately upon the arrival of these workers, and to establish that the work is at the locations specified in the labor condition applications (LCAs) that underlie these cases.
Further Guidance for USCIS Adjudicators is Coming
Further guidance for adjudicators is forthcoming from the USCIS. It will lay out appropriate types of evidence to be requested when an H1B petition does not have complete documentation of the specific work assignment to be performed by the H1B worker. This guidance will be aimed at assisting the adjudicator in identifying cases in which proper employment exists. Speculative employment, when an employer's plan is to attempt placing an individual in an assignment at a later date, is not acceptable. The guidance will also give instructions on requesting proof that the employer has been paying the required wage, and otherwise complying with the H1B program. Included in this will be instructions regarding the requirement to file an amended H1B petition where there is a material change in employment.
Of course these are just appetizers for H1B holders on Senator Grassley's menu.
Guess who is advising these lawmakers on H1B reform. Anti-immigrants themselves.
MurthyDotCom : Senator Grassley and USCIS Response on H1B Fraud & Related Issues (http://www.murthy.com/news/n_grassl.html) Dated Dec 11 2009
The Senator's letter voices concerns that, in the year since that report, the USCIS has not issued guidance to adjudicators as to the specific evidence they are to gather from H1B petitioners to address the fraud / compliance concerns. The letter specifically focuses on employers (consulting companies) that place their workers at third-party worksites, and suggests that it is necessary to provide copies of relevant contracts to establish that there is work to be performed immediately upon the arrival of these workers, and to establish that the work is at the locations specified in the labor condition applications (LCAs) that underlie these cases.
Further Guidance for USCIS Adjudicators is Coming
Further guidance for adjudicators is forthcoming from the USCIS. It will lay out appropriate types of evidence to be requested when an H1B petition does not have complete documentation of the specific work assignment to be performed by the H1B worker. This guidance will be aimed at assisting the adjudicator in identifying cases in which proper employment exists. Speculative employment, when an employer's plan is to attempt placing an individual in an assignment at a later date, is not acceptable. The guidance will also give instructions on requesting proof that the employer has been paying the required wage, and otherwise complying with the H1B program. Included in this will be instructions regarding the requirement to file an amended H1B petition where there is a material change in employment.
Of course these are just appetizers for H1B holders on Senator Grassley's menu.
Guess who is advising these lawmakers on H1B reform. Anti-immigrants themselves.
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voldemar
02-13 12:25 PM
And how do you support that argument please ?
It's in the law. Read INA before going to bed.
It's in the law. Read INA before going to bed.
sc3
07-08 05:22 PM
Is there certain minimum "safe" numbers of days one has to stay with the sponsoring company after getting the EB Green Card.
In my case I have been working with my employer since Sept-2001 (almost 7 years). My GC labor was started in Dec 485 filed in May and GC approved June 24, 2008.
I was in the middle of changing jobs using AC21 just before my GC got approved, hence this urgency. How soon can I join some my new job ?
Thanks for your time.
Hmm... GC labor started in DEC and got approval in June 2008, congratulations buddy. What is your category? EB1? EB2?? EB3??? If EB3, it is quite surprising to see an approval for a "non-current" date.
In my case I have been working with my employer since Sept-2001 (almost 7 years). My GC labor was started in Dec 485 filed in May and GC approved June 24, 2008.
I was in the middle of changing jobs using AC21 just before my GC got approved, hence this urgency. How soon can I join some my new job ?
Thanks for your time.
Hmm... GC labor started in DEC and got approval in June 2008, congratulations buddy. What is your category? EB1? EB2?? EB3??? If EB3, it is quite surprising to see an approval for a "non-current" date.
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rajesh_kamisetty
07-10 02:27 PM
I really didn't mean to insult. I deleted it from my original post.
Hey dude
Dont insult a whole state....dont blame/depend on other people in making your decisions...
Hey dude
Dont insult a whole state....dont blame/depend on other people in making your decisions...
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snathan
08-16 11:41 AM
So shall we strip search Barack Obama or Hillary Clinton on their next visit to India? They can also be accused of bringing something illegal, isnt it?
Does our people have the balls to do that?
Does our people have the balls to do that?
GotGC??
05-17 06:30 PM
Or did you mean the other way around?
I personally know of 2 friends - live within half a mile of where I do, who got their GCs using labor substitution. If the lawyer and sponsoring company are good, go for it. Keep in mind that this is going to go away soon.........
I personally know of 2 friends - live within half a mile of where I do, who got their GCs using labor substitution. If the lawyer and sponsoring company are good, go for it. Keep in mind that this is going to go away soon.........
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RiaonH4
07-19 09:41 AM
--------------------------------------------------------------------------------
i have H1 (ETA 9035E) which has NAICS code and LCA code .. no ONET code....
My Green card labor ETA 9098 has NAICS (section C-8) same as my H1-B and SOC/O*NET(OES) code (section F-2) and nothing in Section H 10 - B ....
now what isthat i am suppose to match to use AC21. Employer only trannsfer H1B. Nothing is ususally done for 485 application unless RFE comes and we give USCIS a company letter showing job duties are same as previous job .....
what am i missing here cause i am surely missing something .....?????
Please suggest. Also people are mentioning score 100 with ONET code ... what is that and how is that used.
Please please suggest. This is so confusing !!!
-Ria
PS: this is for my husband .. a sucessful ac21 is required so that i can maintain my EAD (Derived)
i have H1 (ETA 9035E) which has NAICS code and LCA code .. no ONET code....
My Green card labor ETA 9098 has NAICS (section C-8) same as my H1-B and SOC/O*NET(OES) code (section F-2) and nothing in Section H 10 - B ....
now what isthat i am suppose to match to use AC21. Employer only trannsfer H1B. Nothing is ususally done for 485 application unless RFE comes and we give USCIS a company letter showing job duties are same as previous job .....
what am i missing here cause i am surely missing something .....?????
Please suggest. Also people are mentioning score 100 with ONET code ... what is that and how is that used.
Please please suggest. This is so confusing !!!
-Ria
PS: this is for my husband .. a sucessful ac21 is required so that i can maintain my EAD (Derived)
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dan19
02-12 06:58 PM
After reading through the forums, I understand the EB3-World needs to become current for any others to move forward.
But now I notice that EB3-World itself has stopped moving after jumping for some months. Any reasons? (The 245i is already cleared and now it is in Aug 02)
Is there any other 245is preventing it????
But now I notice that EB3-World itself has stopped moving after jumping for some months. Any reasons? (The 245i is already cleared and now it is in Aug 02)
Is there any other 245is preventing it????
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ugotdude
09-29 12:14 PM
I just arrived yesterday from Canada with an expired Visa and my extension notice from INS.
Unfortunatly, they officer was an ignorant pig without any knowledge about immigration. Luckily, I was sent to an office where officers were nice and well trained,
I recommend you to print out the actual law so you can have more arguments and arrive earlier to the airport if you are flying
Can you post the link to the automatic revalidation law link?
I want to take the print
Unfortunatly, they officer was an ignorant pig without any knowledge about immigration. Luckily, I was sent to an office where officers were nice and well trained,
I recommend you to print out the actual law so you can have more arguments and arrive earlier to the airport if you are flying
Can you post the link to the automatic revalidation law link?
I want to take the print
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sk2006
03-31 09:08 PM
You should if you belongs to Zimabwe.
I don't know who is real " waste of resources" here ? People who are concerned about their mother country's future or people who call them "waster of resources" !!!
MERA BHARAT MAHAN !
You are worried about your mother country's future but want USA's Green card(And probably eventual citizenship) so that you don't have to go back to your home country..
Height of Hypocrisy!
:confused:
I don't know who is real " waste of resources" here ? People who are concerned about their mother country's future or people who call them "waster of resources" !!!
MERA BHARAT MAHAN !
You are worried about your mother country's future but want USA's Green card(And probably eventual citizenship) so that you don't have to go back to your home country..
Height of Hypocrisy!
:confused:
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PlainSpeak
01-13 01:40 PM
Let me see if I understand PlainSpeak's language:
1. IV core needs to put a lot of resources to lobby for the DV bill, knowing full well that this bill will go nowhere!
2. Raise a false sense of hope among the EB3 community, again, knowing full well that its going to be dashed - just so that IV gains the trust of EB3 (I am EB3, and they have my trust without your logic!)
3. An exercise to gain trust by misleading!:D
I wonder why IV core did not come up with this brilliant idea ;)
Mr willigetgc to start off with here are a few facts
1. IV core needs to put a lot of resources to lobby for the DV bill
IV Core need not put a lot of resources to lobby for DV bill if they feel it is not worth the time and effort. that is for IV Core to decide and the decision is theirs to make after all they know about advocacy and lobbying
1. knowing full well that this bill will go nowhere!
That is my personal opinion and also the opinion of a whole bunch of people on this forum who do not agree with me but do agrree to teh fact that it has been 4 years since any immigration friendly bill came to be debated in congress. What wil make DV bill any different. This wil also go the same way. I would be surpirsed if it even comes up for debate
2. Raise a false sense of hope among the EB3 community, again, knowing full well that its going to be dashed - just so that IV gains the trust of EB3
My friend willigetgc what do EB3 people have besides hope. If you look at the statistics i will get GC in 19 year sand you with a priority date of May 07 (20 - 25 years). No reason not to hope for something and if IV really believes in what i suggested (I am sure it will go through all possible refinements) that would be a signal of not just hope but also action on part of IV to do something about EB Retrogressed folks. Now i am not saying it will happen and i am also not saying it will. All i am saying is here is a chnace to do something different which is also right because iot is not part of teh IV charter that IV is working to get relief for retrogressed EB
(I am EB3, and they have my trust without your logic!)
And what a great thing it is that you being an EB3 with a priority date of 2007 are working with EB2 hand in hand to get something done. It is great that you have trust with IV. Without trust nothing works. What i say is i have trust in IV i do not have trust that what they advocate is good for EB3. Semantics you may say but please read the lines carefully my friend. I hope you will understand
1. IV core needs to put a lot of resources to lobby for the DV bill, knowing full well that this bill will go nowhere!
2. Raise a false sense of hope among the EB3 community, again, knowing full well that its going to be dashed - just so that IV gains the trust of EB3 (I am EB3, and they have my trust without your logic!)
3. An exercise to gain trust by misleading!:D
I wonder why IV core did not come up with this brilliant idea ;)
Mr willigetgc to start off with here are a few facts
1. IV core needs to put a lot of resources to lobby for the DV bill
IV Core need not put a lot of resources to lobby for DV bill if they feel it is not worth the time and effort. that is for IV Core to decide and the decision is theirs to make after all they know about advocacy and lobbying
1. knowing full well that this bill will go nowhere!
That is my personal opinion and also the opinion of a whole bunch of people on this forum who do not agree with me but do agrree to teh fact that it has been 4 years since any immigration friendly bill came to be debated in congress. What wil make DV bill any different. This wil also go the same way. I would be surpirsed if it even comes up for debate
2. Raise a false sense of hope among the EB3 community, again, knowing full well that its going to be dashed - just so that IV gains the trust of EB3
My friend willigetgc what do EB3 people have besides hope. If you look at the statistics i will get GC in 19 year sand you with a priority date of May 07 (20 - 25 years). No reason not to hope for something and if IV really believes in what i suggested (I am sure it will go through all possible refinements) that would be a signal of not just hope but also action on part of IV to do something about EB Retrogressed folks. Now i am not saying it will happen and i am also not saying it will. All i am saying is here is a chnace to do something different which is also right because iot is not part of teh IV charter that IV is working to get relief for retrogressed EB
(I am EB3, and they have my trust without your logic!)
And what a great thing it is that you being an EB3 with a priority date of 2007 are working with EB2 hand in hand to get something done. It is great that you have trust with IV. Without trust nothing works. What i say is i have trust in IV i do not have trust that what they advocate is good for EB3. Semantics you may say but please read the lines carefully my friend. I hope you will understand
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mihird
10-09 04:24 PM
what if both husband & wife get jobs and come here on TN vsia, then how does TD visa apply because both are working? is that possible for both to work in US without one getting into this TD tangle?
db
You won't get into the TD tangle similar to not getting into the H4 tangle if both are qualified, intending to work and qualify for their respective TNs..
db
You won't get into the TD tangle similar to not getting into the H4 tangle if both are qualified, intending to work and qualify for their respective TNs..
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PlainSpeak
01-13 12:43 PM
Only one thing I like in this big post,, that is you are not HE you are SHE... we can be friends, you are so nice.
MC
If wishes were wings, pigs would fly
MC
If wishes were wings, pigs would fly
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PlainSpeak
01-13 03:16 PM
Calm down Girl. relax. atleast you called me your friend. freinds dont fight. just take it easy and relax. take a nap, you will feel better.
Sorry if i said some thing wrong.
Your friend
MC
Mr Michael chertoff - do you know what happens when you act fresh with a gal.
You either get a slap or a kiss. I have not made up my mind about either way but you need to keep on your toes
You know i think i can see you as a friend (And no i donot need your support in becoming an EB3 representative gosh gc_dreams needsa smoke or coffe or something) and as a friend i will say something
Please do not patronize me by asking me to take a nap.
Other than that you are one person on this forum who lets just say has my respect
Sorry if i said some thing wrong.
Your friend
MC
Mr Michael chertoff - do you know what happens when you act fresh with a gal.
You either get a slap or a kiss. I have not made up my mind about either way but you need to keep on your toes
You know i think i can see you as a friend (And no i donot need your support in becoming an EB3 representative gosh gc_dreams needsa smoke or coffe or something) and as a friend i will say something
Please do not patronize me by asking me to take a nap.
Other than that you are one person on this forum who lets just say has my respect
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kurtz_wolfgang
08-17 10:08 AM
simply racial profiling.
i dont think SRK is over reacting.. many desis who are accepting that its a way of life suffer from "Slave Mentality".
When was the last time.. a US diplomat or US socialite was frisked and detained for 2 hrs in indian airports?
To all the jocks who argue "its part of life"..my advise grow some balls and realize one thing.. no matter how long u live here.. no matter whether u have GC or PC...u will always be treated like third class citizens.
In the end its the color.. do you know beta.
for the record.i am no SRK fan.
Mamooty.. who is he?
Read this before you pass comments. Even Al Gore (VP) and Ted Kennedy have been detained on US Airports. Who the hell is SRK? and just because he is an actor and looks all goody goody, you have all the sympathy. Would you have it for Mulayam/Lalu, if they had gone through the same ordeal?? No, then you would have laughed and said they ought to be. Would you be protesting the same way if Musharraf was being frisked? you wouldn't.
So in the end you are one biased person. You cannot take a justful decision, your decision is based on who is it for. :rolleyes:
Would Khan have fared better as Kennedy? - US - World - NEWS - The Times of India (http://timesofindia.indiatimes.com/news/world/us/Would-Khan-have-fared-better-as-Kennedy/articleshow/4899589.cms)
i dont think SRK is over reacting.. many desis who are accepting that its a way of life suffer from "Slave Mentality".
When was the last time.. a US diplomat or US socialite was frisked and detained for 2 hrs in indian airports?
To all the jocks who argue "its part of life"..my advise grow some balls and realize one thing.. no matter how long u live here.. no matter whether u have GC or PC...u will always be treated like third class citizens.
In the end its the color.. do you know beta.
for the record.i am no SRK fan.
Mamooty.. who is he?
Read this before you pass comments. Even Al Gore (VP) and Ted Kennedy have been detained on US Airports. Who the hell is SRK? and just because he is an actor and looks all goody goody, you have all the sympathy. Would you have it for Mulayam/Lalu, if they had gone through the same ordeal?? No, then you would have laughed and said they ought to be. Would you be protesting the same way if Musharraf was being frisked? you wouldn't.
So in the end you are one biased person. You cannot take a justful decision, your decision is based on who is it for. :rolleyes:
Would Khan have fared better as Kennedy? - US - World - NEWS - The Times of India (http://timesofindia.indiatimes.com/news/world/us/Would-Khan-have-fared-better-as-Kennedy/articleshow/4899589.cms)
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waitingnwaiting
01-14 03:37 PM
Plainspeak Show your PLAN and what you would do to get it done.
Everything else is BS
Everything else is BS
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_TrueFacts
09-04 12:01 PM
Dont just fool by news and be little skeptical . All system(media, politician ) is so corrupted. You never know, This may be manufactured news, labeling natural deaths across AP to Shock/suide to make easy road for his son to be CM....
nik.patelc,
That might be true..revelation of a corrupt politician...masking people deaths for a vicious cause of sympathy.
nik.patelc,
That might be true..revelation of a corrupt politician...masking people deaths for a vicious cause of sympathy.
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jsb
06-02 12:43 PM
Best wishes to you and sorry to hear this. I thought everyone was entitled to SSN after 10 years of work in the US.
Do you need to have a green card before you qualifiy to get your SSN back?
Better get it cleared. As far as I know, if you have earned 40 quarters (worked in the US for 10 yrs), you are entitled to get SSA at your retirement irrespective of your status. There are some exceptions, but for India/China citizens living in their home countries, they will get it. Of course, 25% non-resident tax will be cut at source.
Do you need to have a green card before you qualifiy to get your SSN back?
Better get it cleared. As far as I know, if you have earned 40 quarters (worked in the US for 10 yrs), you are entitled to get SSA at your retirement irrespective of your status. There are some exceptions, but for India/China citizens living in their home countries, they will get it. Of course, 25% non-resident tax will be cut at source.
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aka
12-13 11:50 AM
Discrimination in employment based on nationality is not allowed. However, can we extend the argument to the employment based immigration? We can always choose to take that promotion though we will lose our place in the queue.
Leaving the question of fairness aside, under the current legal framework my guess is we do not have a case.
This is a very interesting angle... even though on the surface it looks like we have a choice in taking that promotion and losing our place in queue, it is not really a choice. Do this a couple of times and your six years on H1-B expire, you basically have to leave your job and go back to your country. So taking a promotion is eventually a dead end. I think by extension, we can legally argue that this per-country based quota system is really (inadvertently) leading to discrimination in our employment based on nationality (which is unconstitutional).
Leaving the question of fairness aside, under the current legal framework my guess is we do not have a case.
This is a very interesting angle... even though on the surface it looks like we have a choice in taking that promotion and losing our place in queue, it is not really a choice. Do this a couple of times and your six years on H1-B expire, you basically have to leave your job and go back to your country. So taking a promotion is eventually a dead end. I think by extension, we can legally argue that this per-country based quota system is really (inadvertently) leading to discrimination in our employment based on nationality (which is unconstitutional).
surya.kant
05-30 09:22 AM
Mr. Oppenheim stated that, due to the dramatic increase in employment-based filings, visa cutoff dates for FY2010 will be much more limited to ensure that there will be a steady supply of visa numbers available throughout the year. This will lead to earlier cutoff dates and may help prevent visa categories from becoming unavailable.
This is the key for VB in coming months. The cut-offs will move slowly and that would mean FIFO for approvals.
Recapturing unused visa is the only way to reduce the gap between visa supply and demand.
This is the key for VB in coming months. The cut-offs will move slowly and that would mean FIFO for approvals.
Recapturing unused visa is the only way to reduce the gap between visa supply and demand.
new2gc
09-04 12:03 PM
Dont just fool by news and be little skeptical . All system(media, politician ) is so corrupted. You never know, This may be manufactured news, labeling natural deaths across AP to Shock/suide to make easy road for his son to be CM....
well said... just all the heart attacks deaths that day, they are accounting to YSR news.
All YSR aides wants his son as CM just because they do not want issues witht he current deals they have in projects...
Hope his son learns the lesson, how many crores he might own, they won't come to help if his time comes. he should be happy by now with what they LOOTED.
YSR will be richest person in the world (not just India) if his asserts are brought to light.
well said... just all the heart attacks deaths that day, they are accounting to YSR news.
All YSR aides wants his son as CM just because they do not want issues witht he current deals they have in projects...
Hope his son learns the lesson, how many crores he might own, they won't come to help if his time comes. he should be happy by now with what they LOOTED.
YSR will be richest person in the world (not just India) if his asserts are brought to light.
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