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  • ilikekilo
    03-26 07:05 PM
    As far as I know, yes it is...I remember doing H1 myself few years ago and the LCA form has prevailing wage rate section. As we know, the wage rates differ from place to place and so since H1 is based on prevailing wage rate on LCA, then H1 is also location specific. Even though LCA form has been changed since then, I think it still holds true...

    I am sure that per law or whatever when you filed for a h1b for a location A and the petitioner moves to a location B, then I believe you have to file an amendment for ur h1b to that new location...the question is Iam not sure how many people care to do that




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  • pete
    04-09 11:51 AM
    As is true with everything else it cannot be all gain.
    If we are to have CIR based GC advantage there will need to be H1B regulation. Thousands of h1Bs get filled in matter of hours. Many for consultants. How can that be right. Tough choices will need to be made and so be it.




    pete,

    i am a physician and in the same boat as you. my employer searched high and dry before i came along. but you are missing something here. except universities that can hire the "best candidate", every other employer has to employ a citizen/gc applicant with the "minimum qualifications for the job". please revisit the rules if you do not understand this. your talent and extra skills count for nothing. employers cannot take the best applicant...if an LCA is needed. this is a very significant problem if applied to H1B renewals. Any tom dick and harry can displace you every 3 years. think about it please, not just your own situation. i am strongly in favor of H1B reform. i believe that this if linked with a bill like strive dramatically increase support for retrogression relief. however the reform needs to be thought through carefully. a 6 mnth LCA process for each renewal would kill us. let's not throw the baby out with the bathwater...




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  • gimme_GC2006
    04-13 02:58 PM
    ok..never mind..I called the officer and informed that I don't have any such information and since it was taken over by a different company, I am not in a position to get it..so Officer seemed satisified but asked few other related questions..and it is good for now..

    sigh..




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  • gk_2000
    07-30 03:59 PM
    I emailed Sen Hutchinson from Texas to vote NO for the DREAM Act and I called it "Organized and Controlled" amnesty as illegal kids who will get GCs will be able to sponsor their illegal parents for GC after 4 years.

    All the illegals who have kids in college will get get GC's in 4 yrs after their kids pass college while EB3 has to wait for 20 years. This is a joke. Look at the reply from the Sen below:

    On March 26, 2009, Senator Richard Durbin (D-IL) introduced S. 729, the DREAM Act, which would allow states to offer in-state tuition rates to long-term resident immigrant students. The bill also would allow certain long-term residents who entered the United States as children to have their immigration or residency status adjusted to conditional permanent resident status or permanent resident status. The DREAM Act has been referred to the Senate Committee on the Judiciary, on which I do not serve. Should S. 729 come before the full Senate, you may be certain I will keep your views in mind.

    Great work..

    Reminds me of my reply from Barbara Boxer:

    Dear Mr. xxxx:



    Thank you for taking the time to write and share your views with me. Your comments will help me continue to represent you and other Californians to the best of my ability. Be assured that I will keep your views in mind as the Senate considers legislation on this or similar issues.



    If you would like additional information about my work in the U.S. Senate, I invite you to visit my website, Official Website of U.S Senator Barbara Boxer: Home (http://boxer.senate.gov). From this site, you can send a message to me about current events or pending legislation, access my statements and press releases, request copies of legislation and government reports, and receive detailed information about the many services that I am privileged to provide for my constituents. You may also wish to visit THOMAS (Library of Congress) (http://thomas.loc.gov) to track current and past federal legislation.



    Again, thank you for sharing your thoughts with me. I appreciate hearing from you.

    Barbara Boxer
    United States Senator



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  • sanju
    04-08 07:17 AM
    Good post, I would like to add that:

    This is an interesting bill and I feel it'll pass. There are lot of gotcha's but there are some good things. I'm glad to see H1-B rights and whistleblower sections. This was way past due. Really, this is more of a culmination of those few employers who have tried to exploit the system / employees.
    The summary document says that Whistleblower protection does not protect immigration status. So the current language of "Whistleblower protection" has NOT much new to offer because Whistleblower protection is already part of the federal law (outside of immigration act). Here is some info:

    http://www.dol.gov/compliance/guide/whistle.htm
    http://en.wikipedia.org/wiki/Whistleblower



    key points to ponder:

    - Finally IRS and USICS have come together. !! .. thats a big blow to the body shoppers ( may be a good thing)

    There is already a requirement in the Tax law to send the datab/W-2 of each employee (including the employees on H1) to IRS. So much so that if a company you worked for last year has closed down, you could go to the local IRS office to get your W-2 (from IRS).


    -> 50 employees cant have more than 50% H1B's. I think this will basicaly create many smaller consulting companies nothing else. This I don't like .. could be bad for genuine businesses.

    To get around 50% requirements, as the greenguru mentioned, the employers could bend around the system by having companies with employee size < 50. So it will be an inconvenience for them, but there are ways and means to get around. The problem will be faced by people already here waiting for green cards. If your employer has more than 50% on H1, they will have to file H1 from the sister company and the new law will be applicable to the new H1. So the people already here on H1 will suffer the most.


    I hope it doesnt, without any amendments. Maybe a friendlier bill with strict H1-B rights would be nice.
    Well said!! This bill is not friendly and a better bill, which is not imposing unnecessary restrictions and has worker protection provisions for all H1 employees will be better in making the H1 process equitable and workable.




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  • unitednations
    03-25 02:54 PM
    I heard from the grapevine that UNITEDNATIONS will be the next USCIS chief - so folks better behave with him or he wil report ya all :D :D :D :D

    My first order is greencards for everyone then next time people will see me would be at my funeral after the anti immigrants knocked me and obama off.:D



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  • shanti
    08-10 08:05 PM
    http://transcripts.cnn.com/TRANSCRIPTS/0608/10/ldt.01.html and you will find in the second half:

    "...BILL TUCKER, CNN CORRESPONDENT (voice over): Attorney John Miano had a simple request. He wanted to know how many H1B visas were issued in the years 2004, 2005. The government would not tell him.

    So...

    JOHN MIANO, CO-FOUNDER, PROGRAMMERS GUILD: I filed Freedom of Information Act request to get copies -- electronic copies of the records and applications for H1B guest worker visas.

    TUCKER: H1B visas are temporary guest worker visas which allow foreign workers with specialized skills to work in the United States. Miano's reasons for wanting to know the information are basic.

    MIANO: We do not know how many of H1B visas are being issued each year. The second big question we would know is, who is getting these visas?

    TUCKER: So, what was the government's response to his request? "We have completed our search for records responsive to your request but did not locate any." In other words, they lost the records.

    The response came from the person in charge of handling Freedom of Information Act requests. We asked the USCIS for a clarification, and a spokesman told us, "The response was a mistake and the letter was sent in error."

    The mistake came to their attention after LOU DOBBS TONIGHT asked them about it. The agency tells us that the information Miano was looking for could be available, but he would have to buy it for a fee of roughly $4,500 to $5,000.

    The former director of the Office of Internal Affairs at USCIS finds it outrageous that the information isn't immediately available and points out that Congress has been asking for this information for six months.

    MICHAEL MAXWELL, FMR. DIR. OF INTERNAL AFFAIRS, USCIS: If they are at all honest with the American public, we will see that there is a real problem with fraud in the H1B system, and it is being gamed by both terrorists and foreign agents.

    TUCKER: The national security implications are obvious.

    (END VIDEOTAPE)

    TUCKER: The USCIS is supposed to publish an annual report on the program, but no such report has been filed since (AUDIO GAP).

    And the Senate's so-called immigration reform would nearly double the size of the H1B program, and, Lou, it would add additional guest worker programs for USCIS to manage.

    DOBBS: It is stunning that the Citizenship and Immigration Service, the very agency that would be responsible if the Senate and the president have their way with this amnesty bill and so-called guest worker bill, they can't even administer a pathetically-run program like this. It's crazy.

    Why do they not know how many people are in this country?

    TUCKER: Well, it's been told to me by sources they do know. They just don't want to let anybody know because...

    DOBBS: Well, we've got a couple of answers to go with here. Either they don't know, they won't give it to you, and if they do have it, which they now say they might have, it's going to cost you five grand to find out.

    TUCKER: You got it.

    DOBBS: I've got to say, this -- this government is absolutely dysfunctional. And why this Congress, this president -- well, to the degree in which they're not aiding and abetting in the effort, are tolerating this kind of incompetence is beyond me, and a whole lot of other folks, obviously, including you, Bill Tucker. Thank you for that fine report. Taking a look now at some of your thoughts, Bob in Kansas wrote in to say, "Thank goodness for British Home Security. At least someone is protecting our borders. ..."




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  • SunnySurya
    08-05 10:55 AM
    Just fyi Rolling Flood and me are two different persons but must say your logic is compelling.
    To me the whole system is unfair. Brilliant guys like you , who are authority in their field suffers, where as small timers who came here through a body shop get themselves in EB2 category because of twisted rules and laws get the most coveted green card much earlier than you.
    All these are frustating.

    Fighting system is one thing and protecting what is with in the reach is other.



    Rolling_Flood, great idea to benefit just U'r own GC cause. If you are positive about U'r logic why don't you go ahead and file a lawsuit. Looks like your true intention of creating this thread is to create a divide among IV members. Already members had a tough few weeks (in terms of unity) after the Aug bulletin. Now you are poking another rift.

    The EB classification is for a future job. Since the person is qualified, he ports to EB2 midway so what. The GC is for a future job, and when the person gets his/her GC, he/she is qualified for that position at that time. So what is U'r logic??


    If you want to truly fight the system them fight for a common basis for EB classification. There are cases where the same job title has been classified under all 3 categories. Example

    Senior Programmer (say Bachelor's with 5 yrs exp)

    Files under EB1 : because he/she came L1, qualification might be few yrs exp.
    Files under EB2 : because he/she has 5 yrs of exp and the attorney was smart to classify it as EB2.
    Files under EB3 : because of company policy or based on bad attorney advice (conservative approach).

    The above example shows that if U'r company and attorney is smart U can get U'r GC faster.

    If you are keen on doing a lawsuit why not
    File one against USCIS for wasting thousands of visa's over the past few years, which is the source of this backlog.
    Or file one against DOL for taking n number of years to get the LC done.
    Or file one against 245 filers who clogged the USCIS system which is causing USCIS to be inefficient.



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  • senthil1
    12-18 10:35 AM
    Even if terrorism is accepted because someone in their family killed terrorists have to target those people who had killed their family members In what way a child from Bombay was reason for sufferings of Afghanistan or Kashmir? In my view Terrorism was spread by some leaders for their enrichment. You can see lifestyle of LET and other Terrorist group Leaders in Pakistan. They were living in big Mansions with bullet proof cars with multiple Wives at the same time the trained terrorists are killing the innocents at the same dying themselves.




    be it Palestine, Iraq, Afghanistan Somalia,Darfur,Chechnya, Kashmir, Gujarat... everywhere muslims are killed for being muslims...noone goes to cuba,srilanka,north korea,zimbawe or whereever for watever reason...just imagine God forbid someone comes into your house, occupies it, kills your family, your brothers and sisters in front of you and kicks you out of your home and you are seeing no hope of justice... you wont stand outside your home sending flowers like munna bhai's gandhigiri.. trust me you will become a terrorist.




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  • hiralal
    06-25 10:35 PM
    I agree with you .
    I am not asking anyone to buy or rent .. its a personal decision but if you believe that one year down the line you will get a more cheaper house and the interest rates would still be at 5 % you should think twice .

    House is not an investment but a side effect of home ownership is that you will end up with a property but if you continue to rent you are sure to end up with nothing .
    I disagree ... all the reports say that prices will fall down for atleast a year. house is good if you need extra space and if you get it at a correct price (atleast once it stops falling) ..I agree that timing is difficult ..but in this economy it makes sense to rent when you are on temporary status.
    btw ..Renting gives you flexibility and you end up with more money in the bank !! but if you have a GC (or very close to getting it) and you get a house in bargain (or at the correct price) / and you need the space plus u intend to stay there for long long time ..then yes, buying makes sense.

    but as an example ..my friend in california, who few months ago was saying that california is the best, smart people etc etc is now saying that he is giving the advice to everyone to stay away from cali ..he unfortunately is stuck because he has a house there. (major layoffs in his company is giving him stress and sleepless nights).

    similarly..you need to be very cautious to buy within your means ...another friend in atlanta (businessman) bought a 1million home for 800K ..he kept on beating his own drum that he is smart and others are fools ..now his house is in foreclosure and he lost around 200K ..so u can end up with nothing when you buy a house too.
    -----------
    Renting is not throwing money away..why ? for one - you get a place to stay, flexibility, maintenance / property tax paid by property owner, you can rent closer to your work and move around as per needs etc etc.. housing has its own benefits (but renting has its own too .."it is not as easy as saying renting is throwing money away" ..I have been asked to write about this in detail in the IV wiki ..will post a link here later



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  • gjoe
    07-14 07:00 PM
    If you can show that EB3 I from 2004 was approved in 2005 or 2006 you can challenge USCIS if you have a older PD, no matter if you filed your I485 at that time or not.
    You have a strong case if you can prove that USCIS went about processing application and issuing GC in a disorderly fashion and due to that your application with a earlier priority date has not been processed.

    My 2paisa here, Good Luck




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  • axp817
    03-26 03:38 PM
    If they continue to see in 140 filings by a company that there has been more 140's filed then people on payroll

    That is precisely why smaller companies choose to revoke the 140 when an employee leaves them while the 485 is still pending.

    It isn't always to "get back" at the employee.

    That being said, UN, I would love to hear your thoughts on this situation,

    Person leaves employer X (140 approved, more than 180 days since 485 filing, etc.) and joins employer Y on EAD (under AC21).

    Employer X revokes 140 so as to not run into any issues like you pointed out. Nothing personal against the employee, just business.

    That person after a while decides to go back to employer X (485 is still pending) under AC21.

    Does the USCIS look at that as okay to do? Or do they question the employer's intentions since the employer had earlier revoked the 140.

    Thanks in advance for sharing your opinion on this.



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  • just_wait_for_gc
    08-11 02:52 PM
    toung is made of BS




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  • gc28262
    03-24 12:40 PM
    I have full sympathy for anyone that has not broken any laws including OP and 'leoindiano". If I had the powers to approve green cards, I would give them away to him and his brother!

    The problem here is no one (consulting company/employee) bothered to make sure that a person on H-1B was allowed to do consulting. I'm not sure who dropped the ball - companies, employees, or the immigration lawyers. But someone should have raised a flag when the type of job was really a temp job. Unfortunately that did not happen.

    Now that the damage has been done, and USCIS is coming after such folks, they are upset that it is happening to them. Again, do note that I am not saying the consultants themselves are less skilled than anyone with FT job. I'm just saying that at the time they got into consulting they did not think of the various consequences. Maybe because no one ever thought that working at different locations, benching, temp nature of the jobs were all against H-1B visa rules?

    You get my point?

    sledge_hammer,

    Why don't you define what a "permanent" job is ?
    You think FT job is a permanent job and consulting is a temporary job ? I don't think so.

    There are consultants working for years in a consulting firm. ( Don't bring H1B into the picture) . There are many FT employees being laid off from companies before contractors are let go. Contractors are temporary from a client's perspective not from the sponsoring employer's perspective.

    Try to define a permanent vs temporary job in US without bringing H1B into the picture.



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  • newbie2020
    08-06 04:36 PM
    People will jump to the ship which goes faster...Thats the bottom line, If tomorrow for some reason EB3 ship moves faster than EB2 ship then you would also jump your EB2 Ship and go to EB3 ship as most other people including me. Focus your energy on some positive action items which benefit the community.




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  • mps
    08-05 02:35 PM
    Agree. Like labor subsitution scandal/abuse, you should have a documenterly evidence to go after this scam (creating duplicate EB2 job just to cut-short the line). If it is a USCIS rule, they may ripoff this ( like labor sub.). It is long way to go. The nut shell-- as long us GC is in high demand, people abuse the system. DOL, USCIS, knows this. Thatswhy DOL is auditing most EB2 labor certification. In my view, who ever filed EB2 between 2000 to 2004 (when EB3 was current) are true-EB2. After 2005, most of the EB2 filings are cut-short the EB3 que. Most of the cases not based on actual MINIMUM requirements for the job. Everyone knows this..


    Wow ! So you are saying that no one qualifies for EB2 after 2004 !

    I kindly disagree.



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  • dartkid31
    05-25 01:45 PM
    http://www.law.yale.edu/outside/html/Public_Affairs/709/yls_article.htm

    February 23, 2006
    Watch Video of Author Tom Friedman's Lecture

    Please note: You will need Quicktime 7 to view this video.

    BTW People who support Lou and his view are as ignorant and xenophobic as he is.

    Communique - Your posts dont suggest that you are an immigrant or even pro-immigrant.

    agreed. I think most people on this site have also noticed that.




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  • Macaca
    12-30 06:50 PM
    Why does China block foreign websites? (http://blogs.telegraph.co.uk/news/malcolmmoore/100070017/why-does-china-block-foreign-websites/) By Malcolm Moore | Daily Telegraph

    Skype has joined the ever-growing list of internet companies that are now unwelcome in China.

    Facebook, YouTube, Twitter, Foursquare, Vimeo, Blogger, Blogspot, Wikileaks and Hulu are some of the others.

    In the West, the automatic assumption is that China is scared of greater internet freedom. If it relaxes its grip on YouTube, for example, Chinese internet users might suddenly all start looking at videos of the Tiananmen Square massacre.

    Actually, while China does ban some of the websites because of the information they contain (Amnesty, Wikileaks), the ban on the others is nothing more than plain old protectionism.

    China is keeping YouTube out because it has its own domestic video sites � Tudou and Youku � and it wants them to grow and prosper. Youku just made its debut on the New York Stock Exchange and is now worth around $5 billion.

    Google�s departure has hugely benefited Baidu and now Alibaba, which has pushed the US giant into third place in the Chinese market.

    Likewise for Facebook. China doesn�t mind social networking. Its domestic Facebook clones, Renren and Kaixin001, boast 100 million users between them.

    Sina Weibo, the Chinese version of Twitter, is seeing its user numbers rise by 50 per cent every week. From last year to this year the number of Chinese microbloggers rose from 8 million to 125 million.

    Chinese microbloggers have scored some notable successes against the government this year, helping to highlight and, in some cases correct, a series of injustices.

    Of course, the Communist party also finds it easier to control (and censor) domestic web companies than foreign firms, so keeping out the likes of Twitter makes the strategy a double-win.

    Today�s revelation that Skype is now illegal is a continuation of the trend. In this case, the government is clearly supporting the home-grown services offered by its state-owned companies, China Telecom and China Unicom.

    These are more expensive than Skype, require both a hefty monthly fee and then higher call charges, and would probably flounder (as they have to date) without the government�s help.

    Stamping out foreign competition is nothing new. All countries do it. But China is quickly becoming the most aggressive and protectionist country out there.

    Perhaps after a few years the government will be pressured to let these foreign internet companies back in � Facebook already seems to be negotiating a return � but by then, they will have been firmly left in the dust by their Chinese rivals.




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  • qasleuth
    03-31 07:44 PM
    May be their receipt dates are close.. Remember, CIS can't sort the application by PD. They can process in FIFO of RD.

    Nope...was keeping an eye on that too. Sent PMs to a few and could see no trend in the receipt date/notice date either.




    Macaca
    02-29 09:03 PM
    Oracle Unit Lobbied on Patents, Visas (http://www.washingtonpost.com/wp-dyn/content/article/2008/02/28/AR2008022803503.html) Associated Press, Feb 28

    WASHINGTON -- A unit of business software maker Oracle Corp. paid VAR II LLC $140,000 in 2007 to lobby the federal government .

    The firm lobbied Congress on a patent reform bill and immigration reform legislation related to visas for high-tech workers, according to the form posted online Feb. 13 by the Senate's public records office. Oracle USA Inc. paid the firm $140,000 in the second half of 2007 to lobby on those issues after hiring VAR II earlier last year.

    The House last year approved a patent-reform bill intended to reduce litigation, improve patent quality and establish a post-approval evaluation process. Technology and financial services firms support the legislation, but pharmaceutical and biotechnology companies said it would weaken patent protection by reducing infringement penalties. The Senate is considering similar legislation.

    Oracle is based in Redwood City, Calif.

    Lobbyists are required to disclose activities that could influence members of the executive and legislative branches, under a federal law enacted in 1995.




    Beta_mle
    04-05 05:09 PM
    I think one needs to consider both cash flow and quality of life. Apartment living with kids is not very pleasant, a house with a yard is really the optimal scenario. Mortgage payments may be comparable with rent, depending on your location, but utility bills are greater in a house. Then there are tax issues, whereby you can deduct the interest paid, and you are also building equity.

    It's very complex, and our immigration status is just one more complication. However, like the Bible says, "he that regardeth the wind shall not sow". I think if you are at that time of life and you are planning to settle in the USA just go ahead and do it. I did it in my second year of H1B and it is now 5 yrs later. I am now in 485 stage and in the meantime I have built some equity and have no regrets.

    Good luck to you!



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