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  • vbkris77
    04-06 09:39 PM
    Look below the URL. If they are doing it. It is legal. But If some one is denied entry, they can also challenge the decision. Consultants especially will need to use proper/legal answers.

    http://www.golishlaw.com/statutes/ina212.htm

    (5) Labor certification and qualifications for certain immigrants.-

    (A) Labor certification.-

    (i) In general.-Any alien who seeks to enter the United States for the purpose of performing skilled or unskilled labor is inadmissible, unless the Secretary of Labor has determined and certified to the Secretary of State and the Attorney General that-

    (I) there are not sufficient workers who are able, willing, qualified (or equally qualified in the case of an alien described in clause (ii)) and available at the time of application for a visa and admission to the United States and at the place where the alien is to perform such skilled or unskilled labor, and

    (II) the employment of such alien will not adversely affect the wages and working conditions of workers in the United States similarly employed.

    (ii) Certain aliens subject to special rule.-For purposes of clause (i)(I), an alien described in this clause is an alien who-

    (I) is a member of the teaching profession, or

    (II) has exceptional ability in the sciences or the arts.





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  • lazycis
    12-22 08:59 AM
    I may be wrong, but it seems that attorney screwed up. You should've filed I-485 based on a future employment offer from company A (I-140 petitioning employer).





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  • yabadaba
    09-10 11:44 AM
    Perfect Weather For Marching

    80 High 61 Low Sunny 10% Chance Of Showers





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  • Jaime
    09-10 11:38 AM
    EVERY IV member should be planning to attend the rally!!! This is a historic opportunity. There is already buzz in the news and our past actions have made people take notice! Congress will be able to do something this Fall, but not after that due to the presidential campaigns. THEY WILL ONLY ACT IF WE SPEAK UP! That is the American way! If you really want to remain in America then you need to act like an American! We will act American by attending the rally and SPEAK UP! We have the most important thing on our side: TRUTH! And remember the millennia-proven phrase: TRUTH SHALL SET YOU FREE



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  • Legal_In_A_Limbo
    03-10 01:08 PM
    coolmanship, can you please share the format of the letter which we need to send to USCIS asking them of taking the attorney of the case?

    I will really appreciate that.

    Change of employer does not imply your use of the AC21.....the rule does not require you to notify USCIS....so in many cases, if you do not notify them, it is likely that they will never know and approve your GC. But, if they issue an RFE and if your sponsoring employer gives you the offer for future job you should be okay..........you may only have to work for them for at least a little bit after you got your GC....





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  • test101
    07-18 11:07 PM
    what is NSC phone number ? does any one know ? thanks



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  • Canadian_Dream
    04-10 05:56 PM
    the fact that reform is needed does not mean this is the best way.
    and btw i wonder what happens to true consulting companies- BCG, Oracle etc whose business is to provide these services. They are not some abusive offshore operation....how is it fair to them? Seems a bit radical to me...not that i oppose the need for reform.

    My only point was: the way H1B was set-up there was too much leverage to the corporations. This led to abuse by them at your and my cost. End result was wage depression, Green Card Backlogs and now H1B crisis. No matter how you argue it, the abusers have been a clear winner as an end result. Look no further than mushrooming of recruiting companies, and growing profit margins of TCS, Infosys and Wipro.
    In the end the reform has to come, unfortunately it came again at our cost. I agree it is not the best way to reform it, because it isn't in the best interest of H1B holders, but I guess the intention here is to stop the abuse at any cost. The best way probably would have been making H1B independent of the employer but again me and you are not kept in mind when a law like this is being written. What happens to BCG, Oracle etc, perhaps law should provide a way to separate wheat from chaff. If you take a closer look at it, these corporations do provide consulting services but consultants are still "Permanent Employees" with a fix wages and benefits but body shoppers have a different model with unpaid bench period and what not. In fact you can find
    Permanent Residents and US Citizens wanting to work or working with BCG, Oracle etc, but you don't see that with bodyshoppers and that's why I guess the 50% US Citizen clause in the proposed law. Please don't confuse this with the notion that I support or oppose this law. I am just trying to argue that if off shoring companies (Infosys, TCS etc) with 90% H1B's and local body shopping firms 100% H1B are getting punished I have no sympathy for them. These are the same people who refuse to give people copy I-140 approval notice and file for 59 Green Cards out of 20,000 H1B's they bring.


    How about sending back all H1Bs ? If there is no cheap labor around , the salaries for all others (Citizens and GC holders) go up. I so want to see 250 an hour rates.
    Applying your logic , you should get a job in your home country if you are smart enough.
    You should first read the original post that I responded to understand the context. As far as wages are concerned it is because of these corporations that hourly rates however high look meager when H1B statistics are collected by DOL, because a large cut is added to profit margins. That's why opponents of H1B program can point finger and say prevailing wages are not market wages. Do you support this practice of making profit by eating away a huge chunk of your pay just because they sponsor H1B (a Green Card the retention benefit to continue doing this for atleast 3-4 years) ? If you are then you are doing it at your own peril.

    Check out some of the prevailing wages and see for yourself if these are real market wages:

    System Analyst in San Jose California $64K
    http://www.deloitte.com/dtt/cda/doc/content/032807_systmsanaly_sanfranciscoCA.pdf
    Consultant in San Francisco 55K
    http://www.deloitte.com/dtt/cda/doc/content/032807_taxconsII_sanjoseCA.pdf





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  • theperm
    03-15 05:44 PM
    i know ppl woth PD late Dec 2004 still waitng .
    please elaborate what ur trying to say ? or am I not catching on to something?
    -no offense.



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  • cshen
    06-12 06:28 AM
    We are not out of the CIR woods yet.

    Link:

    http://news.yahoo.com/s/ap/20070612/ap_on_go_pr_wh/bush_immigration





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  • logiclife
    04-20 01:55 PM
    Attn: California Members – Please participate in this event to support STRIVE ACT.

    This is a town-hall meeting organized by Congressman Gutierrez (Sponsor of STRIVE ACT) in San Jose, CA on Saturday April 21st at 4:00 PM.

    Address:

    1775 Story Road.
    San Jose CA 95122.

    Date and Time:

    Saturday April 21 4:00 PM.


    Purpose:

    To stand in support of STRIVE act of 2007 and thereby support title 5 of high-skills legal immigration. It is very important for Immigration Voice to show up in large number so that we can project our strength and also confirm our support to the congressman and thank him for working to reform the broken system by including provisions to remove skilled-immigration backlog. You can also ask questions during the Q&A to Congressman Gutierrez.

    Pratik will be attending this with many other members of IV in San Jose and Bay area including a couple of other core group members. I will be driving to this event from Reno unless there is severe weather on I-80 at Donner pass. If anyone from Reno wants to carpool with me, please email me at jay@immigrationvoice.org

    Please show your support for STRIVE act and our support to congressman as its very important to be vocal and active for upcoming bills in Senate (May) and House (June-July).

    Questions:

    If you have questions about this event, please email Pratik at pratik@immigrationvoice.org (pratik@immigrationvoice.org)



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  • pointlesswait
    07-12 05:05 PM
    Does anyone have the list of latest set documents required to file for 485.... can you plzzzz email/post it here... thanks



    can it be done without the help of an attorney...????





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  • Jaime
    09-10 03:49 PM
    "We don't sponsor" - The favorite new phrase of most companies' HR department employees. Most of the times they don't even know what that means, but the H1-B visa has gotten such a bad rap for being so cumbersome, unjust, cruel, expensive and difficult that companies just don't want to deal with it anymore. Ask any current international student how many times this unfairness has driven them to tears. That's why they are going back home to compete against the U.S.!!!



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  • Leo07
    06-10 07:53 PM
    Thanks a bunch!





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  • alex99
    10-16 10:33 AM
    Please participate in EB3 Poll



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  • Jaime
    09-12 02:05 PM
    Come on guys! We need thosands of us in DC! For those still debating, email us, we will help you with funds and logistics! LET'S GO GUYS!!! THIS IS OUR CHANCE!!!! WE HAVE GOVERNORS AND BUSINESS ON OUR SIDE, BUT ESPECIALLY WE HAVE TRUTH ON OUR SIDE!!!! LET'S GO TOGETHER TO DC!!!!





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  • missourian
    07-16 05:19 PM
    Why they are misrepresenting senators, we are not paying TAX!! ?, is that possible for IV to take action about it by counter emailing?.

    Original Poster, Even in IV we have webfaxes, I used to send around 100 faxes to all the senators for all 50 states, so IV has that facility, Kuddos to you by lending a helping hand on programming part if required.



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  • bigboy007
    07-18 11:59 AM
    I think next time any one of us talks to USCIS, we should ask this question as to "Whether they have generated any rejection notices for apps received on July 2 2007 and have they mailed them".....my attorney says so far they have not received any rejection notices for apps filed on July 2 2007.
    he said no when i asked the same reg. Rejections.





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  • rajuram
    07-13 02:22 PM
    It is just a temporary movement to capture as many visa number as possible. Dates will move back in Oct and surge forward in June 09.





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  • unitednations
    12-21 10:52 PM
    Correct me if I am wrong, but you've had unexpired H1B while you were out of work. This is not considered unlawful presence. On top of that, violation of status determination can be done only by the USCIS (IO). If they did not inform you that you violated status, you are good to go.

    I don't agree that a person hasn't violated status unless uscis io informs the person.

    If a person is here legally but not maintaining status (ie., unexpired I-94 card) but not adhering to the terms and conditions then the I-94 can be revoked by an IO in adjudication of immigration benefits or an immigration judge. This would mainly happen if a person is trying to extend h-1b or change employer and there existing i-94 card is still valid but immigration officer determines person wasn't maintaining status. They will not only deny the I-94 card in the new petition but they can also revoke the existing i-94 card. They very, very rarely do this.





    McLuvin
    03-12 01:55 PM
    finally the bulletin has been posted in the DOS website...

    Visa Bulletin for April 2010 (http://www.travel.state.gov/visa/frvi/bulletin/bulletin_4747.html)

    They have given a brief description about "BACKGROUND INFORMATION ON FREQUENTLY MISUNDERSTOOD POINTS"

    Applicants entitled to immigrant status become documentarily qualified at their own initiative and convenience. By no means has every applicant with a priority date earlier than a prevailing cut-off date been processed for final visa action. On the contrary, a significant amount of demand is received each month for applicants who have priority dates which are significantly earlier than the applicable cut-off dates. In addition, fluctuations in demand can cause cut-off date movement to slow, stop, or even retrogress. Retrogression is particularly possible near the end of the fiscal year as visa issuance approaches the annual limitations.

    Per-country limit: The annual per-country limitation of 7% is a cap which visa issuances to any single country may not exceed. Applicants compete for visas primarily on a worldwide basis. The country limitation serves to avoid monopolization of virtually all the annual limitation by applicants from only a few countries. This limitation is not a quota to which any particular country is entitled, however.

    Applicability of Section 202(a)(5): INA Section 202(a)(5), added by the American Competitiveness in the 21st Century Act, removed the per-country limit on Employment-based immigrants in any calendar quarter in which applicant demand for numbers in one or more Employment-based preferences is less than the total of such numbers available. In recent years, the application of Section 202(a)(5) has allowed countries such as China � mainland born and India to utilize large amounts of Employment First and Second preference numbers which would have otherwise gone unused. Such numbers are provided strictly in priority date order without regard to the foreign state chargeability, and the same cut-off date applies to any country benefiting from this provision.

    Applicability of Section 202(e): When visa demand by documentarily qualified applicants from a particular country exceeds the amount of numbers available under the annual numerical limitation, that country is considered to be oversubscribed. Oversubscription may require the establishment of an earlier cut-off date than that which applies to a particular visa category on a worldwide basis. The prorating of numbers for an oversubscribed country follows the same percentages specified for the division of the worldwide annual limitation among the preferences. (Note that visa availability cut-off dates for oversubscribed areas may not be later than worldwide cut-off dates, if any, for the respective preferences.)

    Furthermore, Section 202(a)(2) reads, �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 203 in any fiscal year may not exceed seven percent (in the case of a single foreign state) or two percent (in the case of a dependent area) of the total number of such visas made available under such subsections in that fiscal year.� The seven percent per-country limit specified in INA 202(a)(2) is considered to be for both Family-sponsored and Employment-based numbers combined.

    Allocation of visa numbers under Section 202(e) is accomplished as follows:

    If based on historical patterns or current demand it appears that during a fiscal year number use by aliens chargeable to a particular country will exceed the per-country numerical limit for both the Family and Employment preferences combined, that country would be considered oversubscribed. Both the Family and Employment preferences would be subject to the prorating provisions of INA 202(e)(1).
    Sometimes during a fiscal year it may become apparent that because of a lack of demand in the Family preferences, number use by aliens chargeable to an oversubscribed country will be well within the per-country numerical limit. In such case the excess Family numbers would be made available to the Employment preferences subject to the prorating provisions of INA 202(e)(1). Each of the first three Employment categories would receive 28.6% of the excess numbers, and each of the Fourth and Fifth preference categories 7.1%. (Fall-across would likewise apply if an oversubscribed country lacked sufficient demand in the Employment preferences but had excess demand in the Family preferences.)
    If a foreign state other than an oversubscribed country has little Family preference demand but considerable Employment preference demand, the otherwise unused Family numbers fall across to Employment (and vice versa) for purposes of that foreign state�s annual numerical limit. For example, in FY-2009 South Korea used a grand total of 15,899 Family and Employment preference numbers, of which 1,688 were Family numbers and 14,211 were Employment numbers. This grand total was well within the FY-2009 per-country numerical limit of 25,620 Family and Employment numbers combined, so South Korea was not oversubscribed. The unused Family numbers were distributed within the Employment categories, allowing South Korea to be considerably over the 9,800 Employment limit which would have been in effect had it been an oversubscribed country.





    pd_recapturing
    12-10 03:49 PM
    Do some population control in India and China, that would automatically fix the issue of retrogression. We are simply too many and we have clogged the system real bad. every 6th person on the face of this earth is Indian.
    you hit the nail ... this is the biggest reason ...We are just too many and everyone wants to come to US



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