greencard_fever
07-16 08:42 PM
This whole thread is speculation, your basic assumption itself is wrong. The horizonal spill over is not a permanent policy or trend which will be practised. You should read the INA law clearly. But if this speculation makes you happy, enjoy! :)
How can they change the Spill over system every year? I think they will continue the Horizontal Spill over going forward.
How can they change the Spill over system every year? I think they will continue the Horizontal Spill over going forward.
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smuggymba
01-15 04:08 PM
Body shops aka desi dallas have bad business practices as someone just mentioned - all they do is provide a TAX ID.....nothing else.
You have to find a project on your own, no pay on bench, no proper office space - renting 2 rooms doesn't make a company, no benefits or medical insurance. Since an H1-B person requires an employer to do paper work - that is all what they do.
As someone just mentioned, this rule is not against H1-Bs but against such ppl who have bad business practices. Not all desi dallas are bad - 10-15% are good also.
You have to find a project on your own, no pay on bench, no proper office space - renting 2 rooms doesn't make a company, no benefits or medical insurance. Since an H1-B person requires an employer to do paper work - that is all what they do.
As someone just mentioned, this rule is not against H1-Bs but against such ppl who have bad business practices. Not all desi dallas are bad - 10-15% are good also.
Ramba
02-15 04:51 PM
INA has lot of flaws with regard to ethics or fairness. It is countless. The ROW vs India/China fight is st..d. The bottom line is US has its own rights/rule to what kind of people they want to bring in.
If you fight for fairness in INA, then it is joke. For example, if you are a spouse of us citizen you will be given GC immediatly, (no numarical limit). However, if you a researcher from India, develops medicine for AIDS and applied NIW EB2 petition, there is no visa availble for forseeable future. You can say it is unfair. But government dont care. One cannot argue why they have E2 visa for specialy for Australians? Why not for Newzlanders? Why they have special quota in H1B for singaporans and Chilians?. If any one asks fairness question it is end less. For example in guest worker program in last year, they eliminated country quota (to legalise mexican unskilled-undocumented workers).
Fair Bussiness that needs skilled foreign workes dont care about country of birth of workers. But it is sad that INA, prevent that fairness. But government has its own agenda. The better way to eliminate this problem is by constuctive lobbying to eliminate country quota or atleast increse from 7% to reasonable number.
If you fight for fairness in INA, then it is joke. For example, if you are a spouse of us citizen you will be given GC immediatly, (no numarical limit). However, if you a researcher from India, develops medicine for AIDS and applied NIW EB2 petition, there is no visa availble for forseeable future. You can say it is unfair. But government dont care. One cannot argue why they have E2 visa for specialy for Australians? Why not for Newzlanders? Why they have special quota in H1B for singaporans and Chilians?. If any one asks fairness question it is end less. For example in guest worker program in last year, they eliminated country quota (to legalise mexican unskilled-undocumented workers).
Fair Bussiness that needs skilled foreign workes dont care about country of birth of workers. But it is sad that INA, prevent that fairness. But government has its own agenda. The better way to eliminate this problem is by constuctive lobbying to eliminate country quota or atleast increse from 7% to reasonable number.
2011 you rock!! reply
another one
12-13 02:00 PM
Since SC has already decided on the matter, does this rest this discussion?
Here is what the Supreme Court said:
http://supreme.justia.com/us/426/67/case.html
"The fact that all persons, aliens and citizens alike, are protected by the Due Process Clause does not lead to the further conclusion that all aliens are entitled to enjoy all the advantages of citizenship or, indeed, to the conclusion that all aliens must be placed in a single homogeneous legal classification. For a host of constitutional and statutory provisions rest on the premise that a legitimate distinction between citizens and aliens may justify attributes and benefits for one class not accorded to the other; and the class of aliens is itself a heterogeneous multitude of persons with a wide-ranging variety of ties to this country.
In the exercise of its broad power over naturalization and immigration, Congress regularly makes rules that would be unacceptable if applied to citizens. The exclusion of aliens and the reservation of the power to deport have no permissible counterpart in the Federal Government's power to regulate the conduct of its own citizenry. The fact that an Act of Congress treats aliens differently from citizens does not in itself imply that such disparate treatment is "invidious."
...
The real question presented by this case is not whether discrimination between citizens and aliens is permissible; rather, it is whether the statutory discrimination within the class of aliens - allowing benefits to some aliens but not to others - is permissible."
The SC concluded that the statutory discrimination within the class of aliens is permissible.
Here is what the Supreme Court said:
http://supreme.justia.com/us/426/67/case.html
"The fact that all persons, aliens and citizens alike, are protected by the Due Process Clause does not lead to the further conclusion that all aliens are entitled to enjoy all the advantages of citizenship or, indeed, to the conclusion that all aliens must be placed in a single homogeneous legal classification. For a host of constitutional and statutory provisions rest on the premise that a legitimate distinction between citizens and aliens may justify attributes and benefits for one class not accorded to the other; and the class of aliens is itself a heterogeneous multitude of persons with a wide-ranging variety of ties to this country.
In the exercise of its broad power over naturalization and immigration, Congress regularly makes rules that would be unacceptable if applied to citizens. The exclusion of aliens and the reservation of the power to deport have no permissible counterpart in the Federal Government's power to regulate the conduct of its own citizenry. The fact that an Act of Congress treats aliens differently from citizens does not in itself imply that such disparate treatment is "invidious."
...
The real question presented by this case is not whether discrimination between citizens and aliens is permissible; rather, it is whether the statutory discrimination within the class of aliens - allowing benefits to some aliens but not to others - is permissible."
The SC concluded that the statutory discrimination within the class of aliens is permissible.
more...
lazycis
02-13 12:38 PM
And how do you support that argument please ?
8 USC 1152(a)
(2) Per country levels for family-sponsored and employment-based immigrants
Subject to paragraphs (3), (4), and (5), the total number of immigrant visas made available to natives of any single foreign state or dependent area under subsections (a) and (b) of section 1153 of this title in any fiscal year may not exceed 7 percent (in the case of a single foreign state) or 2 percent (in the case of a dependent area) of the total number of such visas made available under such subsections in that fiscal year.
(3) Exception if additional visas available
If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a) and (b) of section 1153 of this title for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during the remainder of such calendar quarter.
5) Rules for employment-based immigrants
(A) Employment-based immigrants not subject to per country limitation if additional visas available
If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 1153 (b) of this title for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.
(B) Limiting fall across for certain countries subject to subsection (e) of this section
In the case of a foreign state or dependent area to which subsection (e) of this section applies, if the total number of visas issued under section 1153 (b) of this title exceeds the maximum number of visas that may be made available to immigrants of the state or area under section 1153 (b) of this title consistent with subsection (e) of this section (determined without regard to this paragraph), in applying subsection (e) of this section all visas shall be deemed to have been required for the classes of aliens specified in section 1153 (b) of this title.
8 USC 1152(a)
(2) Per country levels for family-sponsored and employment-based immigrants
Subject to paragraphs (3), (4), and (5), the total number of immigrant visas made available to natives of any single foreign state or dependent area under subsections (a) and (b) of section 1153 of this title in any fiscal year may not exceed 7 percent (in the case of a single foreign state) or 2 percent (in the case of a dependent area) of the total number of such visas made available under such subsections in that fiscal year.
(3) Exception if additional visas available
If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a) and (b) of section 1153 of this title for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during the remainder of such calendar quarter.
5) Rules for employment-based immigrants
(A) Employment-based immigrants not subject to per country limitation if additional visas available
If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 1153 (b) of this title for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.
(B) Limiting fall across for certain countries subject to subsection (e) of this section
In the case of a foreign state or dependent area to which subsection (e) of this section applies, if the total number of visas issued under section 1153 (b) of this title exceeds the maximum number of visas that may be made available to immigrants of the state or area under section 1153 (b) of this title consistent with subsection (e) of this section (determined without regard to this paragraph), in applying subsection (e) of this section all visas shall be deemed to have been required for the classes of aliens specified in section 1153 (b) of this title.
ajthakur
07-15 02:32 AM
I filed for 485 during July 2007. My 140 was already approved. Due to some problems I quit my employer in August 2007. My previous employer was a desi blood sucker. I was fed up & decided to quit after working for him for 3 years. I applied for H1 transfer with a new employer based on approved 140. I got H1 approval for another 3 years. Currently I am working for the new H1 sponsoring employer. I also received an EAD card based on pending 485 for one year. I didnt notify USICS of job change in July.
I applied for EAD extension this year. The application for EAD extension is pending. I got a following RFE on my 485:
Please state whether or not you are currently working for your I-140 petitioner.
You must submit a currently dated letter from you permanent employer, describing your present job duties & position in the organization, your proferred position (if different from your current one), the date you began employement & the offered salary & wage. The letter must also indicate whether the terms & conditions of your employement based visa petition (or labor certification) continue to exist.
I am not in good terms with my previous employer so I cant ask him for a letter. I can ask my new employer for such a letter.
Also is it possible that 140 was revoked by my previous employer?
Why did they send a RFE instead of NOID in my case?
I applied for EAD extension this year. The application for EAD extension is pending. I got a following RFE on my 485:
Please state whether or not you are currently working for your I-140 petitioner.
You must submit a currently dated letter from you permanent employer, describing your present job duties & position in the organization, your proferred position (if different from your current one), the date you began employement & the offered salary & wage. The letter must also indicate whether the terms & conditions of your employement based visa petition (or labor certification) continue to exist.
I am not in good terms with my previous employer so I cant ask him for a letter. I can ask my new employer for such a letter.
Also is it possible that 140 was revoked by my previous employer?
Why did they send a RFE instead of NOID in my case?
more...
kumarc123
07-23 01:56 PM
vdlrao is everyone's friend these days ...not only urs ... :-)
Don't worry you are my friend too, as well as all the IV members
Take Care
Don't worry you are my friend too, as well as all the IV members
Take Care
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psaxena
01-14 02:07 PM
These rules has always been and so are they right now. Nothing is new in the memorandum. Some one publishes and one points and makes a comment and everyone else like a herd of sheep starts panicking...
Long 19 page memo - but loud and clear for many scenarios -
http://www.uscis.gov/USCIS/Laws/Memoranda/2010/H1B%20Employer-Employee%20Memo010810.pdf
USCIS posts Q & A:
USCIS - Questions & Answers: USCIS Issues Guidance Memorandum on Establishing the "Employee-Employer Relationship" in H-1B Petitions (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=3d015869c9326210VgnVCM100000082ca60aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD)
This memo is an eye opener especially for folks on consulting company assignments and those who are self-sponsored or who want to do their own business. Finding a new H1 sponsor would be extremely difficult as well (AC21 folks beware).
Now getting a new H1 or a transfer or a renewal, may be subject to very stringent scrutiny.
This memo has the potential to throw a lot of small boutique Consulting companies out of business and along with it many of their employees - whether they use H1 or not.
Wish the best for all affected folks.
Pray and hope the GC dream is realized faster for all.
Best Wishes
Long 19 page memo - but loud and clear for many scenarios -
http://www.uscis.gov/USCIS/Laws/Memoranda/2010/H1B%20Employer-Employee%20Memo010810.pdf
USCIS posts Q & A:
USCIS - Questions & Answers: USCIS Issues Guidance Memorandum on Establishing the "Employee-Employer Relationship" in H-1B Petitions (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=3d015869c9326210VgnVCM100000082ca60aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD)
This memo is an eye opener especially for folks on consulting company assignments and those who are self-sponsored or who want to do their own business. Finding a new H1 sponsor would be extremely difficult as well (AC21 folks beware).
Now getting a new H1 or a transfer or a renewal, may be subject to very stringent scrutiny.
This memo has the potential to throw a lot of small boutique Consulting companies out of business and along with it many of their employees - whether they use H1 or not.
Wish the best for all affected folks.
Pray and hope the GC dream is realized faster for all.
Best Wishes
more...
smisachu
06-16 03:58 PM
On the Mark:)
I am waiting in the line as well for GC or to be sent back home and personally, I want everyone to get their GC and don't agree with dilipcr. Kind of off-topic but I made this observation:
IMHO simsachu's reasoning is sound.
Your example is not the same as simsachu's. simsachu assumes there are way more "bad" fish compared to the good one's in the population. Hence you need to catch more fish to come across a "good" one.
You assume the opposite (there are very few bad fish) and hence come to the conclusion that catching more fish would net you more bad fish (but way more "good" fish as well) as well. But given your assumption, it is puzzling why you want to have lesser number of GC's (if indeed that is what you are advocating, I haven't read all the messages in the thread) when you assume there are way more "good" candidates than bad.
I am waiting in the line as well for GC or to be sent back home and personally, I want everyone to get their GC and don't agree with dilipcr. Kind of off-topic but I made this observation:
IMHO simsachu's reasoning is sound.
Your example is not the same as simsachu's. simsachu assumes there are way more "bad" fish compared to the good one's in the population. Hence you need to catch more fish to come across a "good" one.
You assume the opposite (there are very few bad fish) and hence come to the conclusion that catching more fish would net you more bad fish (but way more "good" fish as well) as well. But given your assumption, it is puzzling why you want to have lesser number of GC's (if indeed that is what you are advocating, I haven't read all the messages in the thread) when you assume there are way more "good" candidates than bad.
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AllVNeedGcPc
07-03 11:11 AM
Deleted personal info as "Question was never answered"
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pappu
07-04 12:12 PM
Thanks you everyone and taking a lead on this thread. we must try to get a lot of media coverage on this issue.
hot rock and you are sleeping,
nomi
09-29 01:19 PM
Hi Kukitron and all,
I am having a new h1b with validity 7/2009. But My Visa expired by Aug,2006. Please clarify, can i travel from canada to Seattle thro Road with the expired visa and the new h1b which contains a valid I-94
Thanks
Sundar
Yes you can according to following rule
http://travel.state.gov/visa/laws/te...ams_1441.html#
There are lot of condition which you need to follow in order to use this Law. That`s why I am asking other people about it and see how many people use it and what they said about it.
I am having a new h1b with validity 7/2009. But My Visa expired by Aug,2006. Please clarify, can i travel from canada to Seattle thro Road with the expired visa and the new h1b which contains a valid I-94
Thanks
Sundar
Yes you can according to following rule
http://travel.state.gov/visa/laws/te...ams_1441.html#
There are lot of condition which you need to follow in order to use this Law. That`s why I am asking other people about it and see how many people use it and what they said about it.
more...
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shreekarthik
06-22 09:23 AM
so where can I get labor for sale ?
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snathan
01-24 02:16 PM
Kindly visit this forum
USCIS new memo on Employer-Employee relationship - Topic Powered by Infopop (http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=4234032861&m=1181028202&p=2)
and see yourself how people differ on this memo. It seems so many people are happy about this memo for the following reason:
1. They are not affected by this memo ( for sure ).
2. They are fed up with Body Shoppers.
You can not ask them to change as they have their own take on this memo.
Personally after reading so many scenarios I don't support this memo.
They may not be affected by this memo and they are day dreaming they wont be affected in the future also. This is just starting and you never know what USCIS and antis are planning. This memo is very unfair for people who are in this country 5-10 years and stuck in the GC backlog. Assume that people who are in full time fired...what they will do. Just they will run this body shop. Then they will understand what this is all about. I personally do not like people suffering for no reason.
USCIS new memo on Employer-Employee relationship - Topic Powered by Infopop (http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=4234032861&m=1181028202&p=2)
and see yourself how people differ on this memo. It seems so many people are happy about this memo for the following reason:
1. They are not affected by this memo ( for sure ).
2. They are fed up with Body Shoppers.
You can not ask them to change as they have their own take on this memo.
Personally after reading so many scenarios I don't support this memo.
They may not be affected by this memo and they are day dreaming they wont be affected in the future also. This is just starting and you never know what USCIS and antis are planning. This memo is very unfair for people who are in this country 5-10 years and stuck in the GC backlog. Assume that people who are in full time fired...what they will do. Just they will run this body shop. Then they will understand what this is all about. I personally do not like people suffering for no reason.
more...
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sobyb
05-01 02:53 PM
When did Srilankan Tamilians become Indian citizens??? also India should make sure that terrorists organisation like LTTE is wiped out from the face of earth weather its in Srilanka, Afganistan or Pakistan... gone are the days when these thugs where called 'freedom fighters' .. they are a terrorist organisation and should be treated in that manner.
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qualified_trash
11-12 06:40 PM
everyone on this thread must ask ourselves this question:
My HR manager has told me that there will be a labor available which I may be able to use to gain a better PD and get my GC in record time. Do I go for it?
If your answer to the above question is NO, may I suggest you have your head examined.........
If your answer to the above question is YES, may I suggest that you do not worry too much about LC substitution.
I personally would never pass up a chance at a pre-approved labor and I bear no ill will or grudge against those who have benefited from the same. This country and world is large enough for all to coexist and do well........
As for the people who have benefited, there is something to be said about being in the right place at right time.......
My HR manager has told me that there will be a labor available which I may be able to use to gain a better PD and get my GC in record time. Do I go for it?
If your answer to the above question is NO, may I suggest you have your head examined.........
If your answer to the above question is YES, may I suggest that you do not worry too much about LC substitution.
I personally would never pass up a chance at a pre-approved labor and I bear no ill will or grudge against those who have benefited from the same. This country and world is large enough for all to coexist and do well........
As for the people who have benefited, there is something to be said about being in the right place at right time.......
more...
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NolaIndian32
02-13 11:20 AM
Ok - so what is it going to cost us to get a consult with Rajiv Khanna? Anyone know this? Until we have more details on this, I commit $25 for this first consultation. (I will gladly raise the commitment once I know how much this will cost and if IV Core Members support this initiative).
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sreeni.k
06-12 06:13 PM
Dillip good luck with your new challenge man. I understand you are currently in a difficult situation hope you will come out of it. Just one note though. Having graduated from a top school doesnt give anybody a right to top pay check and job security. I myself an IIT grad with a PhD from US- currently with Intel. I was expecting everybody to lap me up right out of undergrad. All I got was a chance. I learnt my ways- u have to demonstrate your skills today and dont expect a 10 year old paper diploma to make your living. Anyway I am also in a 485 EB2 Q. I am not fretting though- if it comes its a bonus for me, but doesnt change anything for me. I will still live in same home, get same pay, drive same car and get my patents published with same skills. :D
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dealsnet
09-04 01:45 PM
So next time of election, take vacation and go home, do campaigning, spend money and vote out the govt. you dislike, if you are real serious.
Only the people that were part of those grabbings are happier. Let the poor people get back all their lands first and then you guys talk.
How about all the "Anna's" that were killed by him who came to him when he invited and then killed them mercilessly.
So, did you mourn when he killed all the "Anna's"? I am sure you would have distributed Sweets when "Anna's" were killed. Right?
Isn't it Jesus Christ right? Jesus is God and he punished YSR with such a worst killing. Even face could not be recognized.
Only the people that were part of those grabbings are happier. Let the poor people get back all their lands first and then you guys talk.
How about all the "Anna's" that were killed by him who came to him when he invited and then killed them mercilessly.
So, did you mourn when he killed all the "Anna's"? I am sure you would have distributed Sweets when "Anna's" were killed. Right?
Isn't it Jesus Christ right? Jesus is God and he punished YSR with such a worst killing. Even face could not be recognized.
bestin
02-13 05:43 AM
Agreed dude.
But the system is totally messed up and we cant have an overnight change .Even if they initiate something now by the time it gets actually implemented it shuld be more than 1 year.If nothing works out within atleast 1.5 years to 2 years this should be definitely considered.
But the system is totally messed up and we cant have an overnight change .Even if they initiate something now by the time it gets actually implemented it shuld be more than 1 year.If nothing works out within atleast 1.5 years to 2 years this should be definitely considered.
thomachan72
09-04 03:08 PM
If this thread (forum) was a court room. It would have been declared by Judge that YSR is indeed the most corrupt politician AP had and pending further investigation all the occupied & grabbed lands, wealth be ordered to pay to the victims. In addition, the Judge would put a life time ban his Son from active politics.
I hope all posters, readers will condemn corruption and blood politics and see US system (for we being in US) as an example for India. No one can better understand American system than us and how it can be modulated to fit into India.
Nice point truefacts. If indeed we were able to somehow communicate this system to folks in India it would be great. Let us keep the hopes that this will happen some day. Might be due to desperation or some major calamity but somehow people will realize that this corrupt system is unustainable and needs dramatic repair.
By the way there is another thread with lists of people who died with a request for prayer!! This is another example of how manipulative personalities not only create a chaotic unsustainable regime while they live but also leave a chaotic system once they die.
I hope all posters, readers will condemn corruption and blood politics and see US system (for we being in US) as an example for India. No one can better understand American system than us and how it can be modulated to fit into India.
Nice point truefacts. If indeed we were able to somehow communicate this system to folks in India it would be great. Let us keep the hopes that this will happen some day. Might be due to desperation or some major calamity but somehow people will realize that this corrupt system is unustainable and needs dramatic repair.
By the way there is another thread with lists of people who died with a request for prayer!! This is another example of how manipulative personalities not only create a chaotic unsustainable regime while they live but also leave a chaotic system once they die.
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