senthil1
05-16 06:55 PM
Permanent lc for for the future job. Current job is different than future job though they are similar. H1B is for current job.
But it does not impact much if Skil bill comes. Most of the persons PD will become current and anyone who gets H1b will get GC within 1 or 2 years. So no need for H1b extension. If Skil bill comes with Durbin proposal then most of the negative issues will be resolved by increasing more gcs. Infact substitution elimination also not needed if Skil bill comes as PD will become current always.
You did not answer my question about why some one with permanent labor certificate has to go thru the process of advertisement process for H1B renewal?
In my case DOL labor took almost 3 years to certify my labor certificate which states that I am not displacing any american worker. I think 3 years is a good time to find whether I am displacing american worker or not.
This law simply goes too far in the name of preventing abuse. I just dont get why someone working for same company and whose GC petition is pending(GC labor approved) has to prove every year that he is not displacing an american worker.
But it does not impact much if Skil bill comes. Most of the persons PD will become current and anyone who gets H1b will get GC within 1 or 2 years. So no need for H1b extension. If Skil bill comes with Durbin proposal then most of the negative issues will be resolved by increasing more gcs. Infact substitution elimination also not needed if Skil bill comes as PD will become current always.
You did not answer my question about why some one with permanent labor certificate has to go thru the process of advertisement process for H1B renewal?
In my case DOL labor took almost 3 years to certify my labor certificate which states that I am not displacing any american worker. I think 3 years is a good time to find whether I am displacing american worker or not.
This law simply goes too far in the name of preventing abuse. I just dont get why someone working for same company and whose GC petition is pending(GC labor approved) has to prove every year that he is not displacing an american worker.
wallpaper common bile duct stones in
sledge_hammer
03-24 12:26 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?
face it as long as the economy is tanking this is going to be an ongoing debate. Everything goes thorugh stages of high and low and we are now expereincing the lows of having the h1b's.
Sledge While your points are valid, remember folks do not choose consulting (nor do students) as a first choice but I have friends who were employed without any issues directly with client companies who in the midst of recession decide to fire everyone. What are you options if your GC is denied because the company declared bankruptcy? How do you justify to yourself staying with the employer when they files you under Eb3 category when you a master's degree holder from one of the 10 best universities in the US? What are the employee choices here, just pack up and leave? leave houses, friends and people you stayed with many years.
You think they haven't searched for full time positions with other companies only to be turned back? or worse case restart the entire GC process and forgo the 6+ years?
And the experiences I am relating are from the 2001 recession. I have already seen history repeat itself now but my more fear is that tomorrow USCIS will unfortunately hit the person who followed all the rules After all how is the USCIS knowing which are the good companies and which are bad? These very things are happening and very much can happen to you as well. Do not sit on a high perch and think it will not trickle down to me
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?
face it as long as the economy is tanking this is going to be an ongoing debate. Everything goes thorugh stages of high and low and we are now expereincing the lows of having the h1b's.
Sledge While your points are valid, remember folks do not choose consulting (nor do students) as a first choice but I have friends who were employed without any issues directly with client companies who in the midst of recession decide to fire everyone. What are you options if your GC is denied because the company declared bankruptcy? How do you justify to yourself staying with the employer when they files you under Eb3 category when you a master's degree holder from one of the 10 best universities in the US? What are the employee choices here, just pack up and leave? leave houses, friends and people you stayed with many years.
You think they haven't searched for full time positions with other companies only to be turned back? or worse case restart the entire GC process and forgo the 6+ years?
And the experiences I am relating are from the 2001 recession. I have already seen history repeat itself now but my more fear is that tomorrow USCIS will unfortunately hit the person who followed all the rules After all how is the USCIS knowing which are the good companies and which are bad? These very things are happening and very much can happen to you as well. Do not sit on a high perch and think it will not trickle down to me
posmd
07-08 04:56 PM
Nice to hear you are still in the background UN.
2011 Dilation of the common bile
dixie
07-15 12:49 PM
Let us be honest. A lot of us who came through body shops had to pay lawyer fee or had to take a cut in pay. Many of us had to sit in the bench for a long time with out pay. At the end of the day, not all of us are the best and the brightest but we are ready to work harder than the average Joe. With or without us this country will go forward. We are here to get a greencard and to become part of the melting pot. Please admit it my friends. I fully understands why many Americans are against us. We simply take their job. Then we insult them. Then we say, if we go back the American economy will go to hell. The companies are here for cheap labor. The congressmen who support them are the biggest receivers of their contribution. That is the reality. Let us not forget that. :D
When did we ever insult americans ? that is purely a figment of your own imagination. If we did we wouldnt have the face to ask for reforms to the GC process the way we are doing now. We never claimed america would collapse if we departed .. but make no mistake we DO make a HUGE contribution to this country, disproportionate to our relative numbers. Low wage bodyshops are the bad apples; that is hardly representative of the EB-H1B community at large. And it is highly cynical of you to believe congressmen initiate reforms solely for contributions; while that is a factor, it can never be the sole one. The american electorate is there to give them the boot next time they ask for their votes. You still have a lot to learn about how the world works my friend.
When did we ever insult americans ? that is purely a figment of your own imagination. If we did we wouldnt have the face to ask for reforms to the GC process the way we are doing now. We never claimed america would collapse if we departed .. but make no mistake we DO make a HUGE contribution to this country, disproportionate to our relative numbers. Low wage bodyshops are the bad apples; that is hardly representative of the EB-H1B community at large. And it is highly cynical of you to believe congressmen initiate reforms solely for contributions; while that is a factor, it can never be the sole one. The american electorate is there to give them the boot next time they ask for their votes. You still have a lot to learn about how the world works my friend.
more...
Macaca
12-27 06:34 PM
Scamsters dictionary (http://timesofindia.indiatimes.com/home/opinion/edit-page/Scamsters-dictionary/articleshow/7173788.cms) By Dilip Bobb | Times of India
Between Raja and Radia, the tapes and the taps, the Tata and the Chandra-Seeker, it's become terribly confusing trying to figure out who has done what and when and to whom. It's almost like one of those kids' birthday party games where you try and pin the tail on the donkey while blindfolded. Competitive politics has made it tougher to figure out head from tail.
The reason everyone is totally confused is because the totals are so mind-boggling: Rs 1.39 trillion is the figure being bandied about and anybody who had that kind of financial spectrum would be giggling hysterically all the way to the nearest bank in Liechtenstein.
It may have been a steep earning curve for someone but it has also been a steep learning curve for the rest of us, trying to figure out all those arcane acronyms being bandied about. Try asking Congress members what the 2G controversy is all about, and they will look quite blank. They have been conditioned to believe that 2G is short for the two Gandhis, Sonia and Rahul, and any other combination is beyond their comprehension. Mention 3G and the plot thickens with Priyanka added to the mix, even though she's now a Vadra. In Congress circles, however, a Gandhi is a Gandhi, and will smell just as sweet (with due apologies to Shakespeare).
Back to the learning curve and the acronyms that everyone's so concerned about. Here's the first lesson in the Scamsters Dictionary. 2G led to CAG which in turn led to CBI which took it to DoT. Then the trail led to TRAI which, in turn, has led to all sorts of connections to the DMK in Chennai and elsewhere, made a sharp U-turn, and moved back to DIAL. And now we have the ED getting involved, trying to ensure that the PMLA has not been violated. Finally, we are still trying to get to the bottom of how VCCPL carried so much clout in such a short time. That, we're told by the opposition, can only happen if there is a JPC.
So far, the investigative bandwidth is spanning the entire spectrum, from NGOs to chartered accountants, priests and editors, friends and family. Everything is relative. It seems to be like the 2G licence which has something called UAS or Unlimited Access Services. Now we all know who had unlimited access to whom, and the raids on Radia have even given us a new phrase to include in the Scamsters Dictionary, "Economic Terrorist", as contributed by Praful Patel who has been stung by his name popping up in the tapes. It's become a mad race to clear your name ASAP.
For the uninitiated, the Scamsters Dictionary starts with DoT, or the Department of Telecommunications, which deals with anything to do with communications, from phones to faxes and everything in between. Then, we have TRAI, or Telecom Regulatory Authority of India, a supposedly independent body. Next is VCCPL, the company owned by Radia, which a very independent entity, aka TRAI's former boss, joined after leaving TRAI, raising eyebrows but also VCCPL's bottom line.
We have another employee who had connections to DIAL, or Delhi International Airport Ltd, but so far he is not named in CAG which, by the way, is yet another independent body, the Comptroller and Auditor General of India, the one that originally set the feline among the pigeons. We now come to GAG, which is the type of order issued by the CHC, or Congress High Command, to its spokesmen and women. Meanwhile, the CWC, or Congress Working Committee, is working overtime to ensure its ties with the DMK don't go AWOL.
Finally, between the CBI and the Enforcement Directorate (ED) we hope to untangle some very tangled wires and cross connections. In fact, in all the confusion, the Scamsters Dictionary will be incomplete without one more acronym: QED.
What we need is really techno technology (http://blogs.timesofindia.indiatimes.com/jugglebandhi/entry/what-we-need-is-really-techno-technology) By Jug Suraiya | Times of India
Between Raja and Radia, the tapes and the taps, the Tata and the Chandra-Seeker, it's become terribly confusing trying to figure out who has done what and when and to whom. It's almost like one of those kids' birthday party games where you try and pin the tail on the donkey while blindfolded. Competitive politics has made it tougher to figure out head from tail.
The reason everyone is totally confused is because the totals are so mind-boggling: Rs 1.39 trillion is the figure being bandied about and anybody who had that kind of financial spectrum would be giggling hysterically all the way to the nearest bank in Liechtenstein.
It may have been a steep earning curve for someone but it has also been a steep learning curve for the rest of us, trying to figure out all those arcane acronyms being bandied about. Try asking Congress members what the 2G controversy is all about, and they will look quite blank. They have been conditioned to believe that 2G is short for the two Gandhis, Sonia and Rahul, and any other combination is beyond their comprehension. Mention 3G and the plot thickens with Priyanka added to the mix, even though she's now a Vadra. In Congress circles, however, a Gandhi is a Gandhi, and will smell just as sweet (with due apologies to Shakespeare).
Back to the learning curve and the acronyms that everyone's so concerned about. Here's the first lesson in the Scamsters Dictionary. 2G led to CAG which in turn led to CBI which took it to DoT. Then the trail led to TRAI which, in turn, has led to all sorts of connections to the DMK in Chennai and elsewhere, made a sharp U-turn, and moved back to DIAL. And now we have the ED getting involved, trying to ensure that the PMLA has not been violated. Finally, we are still trying to get to the bottom of how VCCPL carried so much clout in such a short time. That, we're told by the opposition, can only happen if there is a JPC.
So far, the investigative bandwidth is spanning the entire spectrum, from NGOs to chartered accountants, priests and editors, friends and family. Everything is relative. It seems to be like the 2G licence which has something called UAS or Unlimited Access Services. Now we all know who had unlimited access to whom, and the raids on Radia have even given us a new phrase to include in the Scamsters Dictionary, "Economic Terrorist", as contributed by Praful Patel who has been stung by his name popping up in the tapes. It's become a mad race to clear your name ASAP.
For the uninitiated, the Scamsters Dictionary starts with DoT, or the Department of Telecommunications, which deals with anything to do with communications, from phones to faxes and everything in between. Then, we have TRAI, or Telecom Regulatory Authority of India, a supposedly independent body. Next is VCCPL, the company owned by Radia, which a very independent entity, aka TRAI's former boss, joined after leaving TRAI, raising eyebrows but also VCCPL's bottom line.
We have another employee who had connections to DIAL, or Delhi International Airport Ltd, but so far he is not named in CAG which, by the way, is yet another independent body, the Comptroller and Auditor General of India, the one that originally set the feline among the pigeons. We now come to GAG, which is the type of order issued by the CHC, or Congress High Command, to its spokesmen and women. Meanwhile, the CWC, or Congress Working Committee, is working overtime to ensure its ties with the DMK don't go AWOL.
Finally, between the CBI and the Enforcement Directorate (ED) we hope to untangle some very tangled wires and cross connections. In fact, in all the confusion, the Scamsters Dictionary will be incomplete without one more acronym: QED.
What we need is really techno technology (http://blogs.timesofindia.indiatimes.com/jugglebandhi/entry/what-we-need-is-really-techno-technology) By Jug Suraiya | Times of India
bondgoli007
01-09 06:40 PM
a common sense guy like you would have dismissed iraqis claims of abuse in abu gharib.. america is a strong country, it doesn't need to molest prisoners..
how luxurious for you to use ur common sense while victims still suffer after their stories were corobrated by unbiased witnesses
bfadlia,
I agree with you on most things you have said in your post and if you take a honest vote among the folks on this thread, you will find the overwhelming majority on the following views:
1. The human loss and suffering of the innocent Gaza people is sad and horrific.
2. Israel has reacted too strongly and used aggression to unacceptable limits.
3. Palestine deserves its own state and power to govern itself.
Now, the reason you have the same majority of folks respond in a manner that you, refugee and rayyan object and feel offended about is due to the following:
1. You fail to acknowledge the role of Hamas in initiating this conflict AND not resolving this conflict. Even if you personally did, others have very ineffectively shied away from this point.
2. There seems to be a lack of similar anguish and sympathy offered by you guys when it came to the mumbai attacks. Not saying you applauded the attackers but you didn't denounce them with the same vigor you are using to denounce Israel.
3. Finally, the biggest reason you are getting such unwarranted and to an extent shameful posts on your religion is because you are not only ready to defend it when it's followers are the victim BUT also when it's followers are the aggressors (like in Mumbai attacks). And with all due respect to Palestinians, there seem to be more muslim aggressors in today's world than victims.
In conclusion, I have nothing against you or the others. I am sure if I met you socially you will be a decent person. Lets hope peace is given a chance in Gaza and despite the differences educated people like us unite to fight for the common good...in these forums, it is EB Green cards.
Cheers.
how luxurious for you to use ur common sense while victims still suffer after their stories were corobrated by unbiased witnesses
bfadlia,
I agree with you on most things you have said in your post and if you take a honest vote among the folks on this thread, you will find the overwhelming majority on the following views:
1. The human loss and suffering of the innocent Gaza people is sad and horrific.
2. Israel has reacted too strongly and used aggression to unacceptable limits.
3. Palestine deserves its own state and power to govern itself.
Now, the reason you have the same majority of folks respond in a manner that you, refugee and rayyan object and feel offended about is due to the following:
1. You fail to acknowledge the role of Hamas in initiating this conflict AND not resolving this conflict. Even if you personally did, others have very ineffectively shied away from this point.
2. There seems to be a lack of similar anguish and sympathy offered by you guys when it came to the mumbai attacks. Not saying you applauded the attackers but you didn't denounce them with the same vigor you are using to denounce Israel.
3. Finally, the biggest reason you are getting such unwarranted and to an extent shameful posts on your religion is because you are not only ready to defend it when it's followers are the victim BUT also when it's followers are the aggressors (like in Mumbai attacks). And with all due respect to Palestinians, there seem to be more muslim aggressors in today's world than victims.
In conclusion, I have nothing against you or the others. I am sure if I met you socially you will be a decent person. Lets hope peace is given a chance in Gaza and despite the differences educated people like us unite to fight for the common good...in these forums, it is EB Green cards.
Cheers.
more...
smisachu
12-31 11:20 AM
I agree to the first part. We have to make corruption a capital punishment and enforce it..
Don't subscribe to the second part. See Hitler exported terror, which is what Pakistan is doing now and the Allies used violence in retaliation but were ultimately successful in bringing long term peace. India has never been the aggressor but we should at least defend ourselves. Pakistan is unable to shut down the terrorist camps, we have to do it or else we will keep on bleeding..
India needs to look inwards for answers.
We elect (those of us who actually vote) brigands, murderers and looters and expect leadership. They loot us, abuse our martyrs (re: the Kerala CM), and in turn, expect our mute subservience. Where is the interest in protecting the tax-paying citizen? Who cares? Look at how these vultures behave - Narayana Rane, Vilasrao Deshmukh, that ass-clown in Kerala. What a disgrace!
Corruption has taken root in the administration and even some parts of our military services. Nothing gets done without someone's palms being greased first - openly and without shame. My friends in the IAS live like kings. When they visit New York, they live in the Waldorf Astoria! Meanwhile, our brave soldiers are called upon to give all they have in avoidable debacles like what we witnessed in Mumbai.
One thinks twice before reporting a crime to the Police for fear of persecution. Journalists who catch Politicians accepting bribes on video camera are chastized. Many parts of India remain as backward and undeveloped as the day we kicked the British Raj out. Some might say they've regressed even further. I sometimes wonder if Churchill was right when he said that we'd only mess things up if they gave us Independence.
Yet, since 50 milliion Indians are enjoying relative economic well-being, we believe that India is shining.
Will attacking Pakistan really make India safer? Really? I have yet to see a single instance when violence was not met with more violence. Look at the Middle East, Sri Lanka, Kashmir, Iraq, Colombia, Peru - the list goes on and on and on.
The fix is internal. Our freedom fighters came up against what was then thought to be an unmovable object and somehow moved it. There must be a way to leverage the tools they used with today's technology to help us bring change and conduct our affairs with dignity and courage. Attacking Pakistan will only bring to India the problems that overran them. They are pitiful.
Peace to all.
Don't subscribe to the second part. See Hitler exported terror, which is what Pakistan is doing now and the Allies used violence in retaliation but were ultimately successful in bringing long term peace. India has never been the aggressor but we should at least defend ourselves. Pakistan is unable to shut down the terrorist camps, we have to do it or else we will keep on bleeding..
India needs to look inwards for answers.
We elect (those of us who actually vote) brigands, murderers and looters and expect leadership. They loot us, abuse our martyrs (re: the Kerala CM), and in turn, expect our mute subservience. Where is the interest in protecting the tax-paying citizen? Who cares? Look at how these vultures behave - Narayana Rane, Vilasrao Deshmukh, that ass-clown in Kerala. What a disgrace!
Corruption has taken root in the administration and even some parts of our military services. Nothing gets done without someone's palms being greased first - openly and without shame. My friends in the IAS live like kings. When they visit New York, they live in the Waldorf Astoria! Meanwhile, our brave soldiers are called upon to give all they have in avoidable debacles like what we witnessed in Mumbai.
One thinks twice before reporting a crime to the Police for fear of persecution. Journalists who catch Politicians accepting bribes on video camera are chastized. Many parts of India remain as backward and undeveloped as the day we kicked the British Raj out. Some might say they've regressed even further. I sometimes wonder if Churchill was right when he said that we'd only mess things up if they gave us Independence.
Yet, since 50 milliion Indians are enjoying relative economic well-being, we believe that India is shining.
Will attacking Pakistan really make India safer? Really? I have yet to see a single instance when violence was not met with more violence. Look at the Middle East, Sri Lanka, Kashmir, Iraq, Colombia, Peru - the list goes on and on and on.
The fix is internal. Our freedom fighters came up against what was then thought to be an unmovable object and somehow moved it. There must be a way to leverage the tools they used with today's technology to help us bring change and conduct our affairs with dignity and courage. Attacking Pakistan will only bring to India the problems that overran them. They are pitiful.
Peace to all.
2010 Common bile duct stones
paskal
07-15 03:07 AM
Thanks. I will look into it further when I get a chance. the number of GC granted in a year is complicated- and for the moment I speak offhand so correct me if needed. Till 2005, the recapture clouded the numbers. After that EB3 benefited from a Schedule A recapture that went almost entirely to EB3, a lot to EB3 Philipenes and a good chunk to EB3 India.
AFAIK last year though, once that was ll over and vertical spillover was implemented, EB2/EB3 Inid should both have got only the strict country quota mandated GC numbers.
Anway- offhand as I said...gotto rum.
sc3,
here are the allotments as posted elsewhere.
2003 2004 2005 2006 2007 (EB India allocations)
------------------------------------
EB1 1,266 2,998 6,336 3,156 2,855
EB2 8,536 16,262 16,687 3,720 6,203
EB3 10,647 19,889 23,250 3,006 17,795
Continuing on what i said- till 2005 there was recapture. 2006 reflects what would happen with a vertical spillover for both EB2 and 3 India- about 3,000 GC a year. In 2007, both (esp EB3I) struck pay dirt because everyone became current in July. Under a situation where all categories are current, Gc are distributed exclusively by RD and country quota is thrown out of the window. That is why so many GC were given to EB3 I last year- it makes sense because this is the largest waiting group.
However July 07 is not coming back. If vertical spillover continues, 2006 will become the reality. In that situation the waits for both EB2 and EB3 India will be simply indefinite. Unfortunately for EB3 I, they are indefinite either way- UNLESS we get more GC numbers.
AFAIK last year though, once that was ll over and vertical spillover was implemented, EB2/EB3 Inid should both have got only the strict country quota mandated GC numbers.
Anway- offhand as I said...gotto rum.
sc3,
here are the allotments as posted elsewhere.
2003 2004 2005 2006 2007 (EB India allocations)
------------------------------------
EB1 1,266 2,998 6,336 3,156 2,855
EB2 8,536 16,262 16,687 3,720 6,203
EB3 10,647 19,889 23,250 3,006 17,795
Continuing on what i said- till 2005 there was recapture. 2006 reflects what would happen with a vertical spillover for both EB2 and 3 India- about 3,000 GC a year. In 2007, both (esp EB3I) struck pay dirt because everyone became current in July. Under a situation where all categories are current, Gc are distributed exclusively by RD and country quota is thrown out of the window. That is why so many GC were given to EB3 I last year- it makes sense because this is the largest waiting group.
However July 07 is not coming back. If vertical spillover continues, 2006 will become the reality. In that situation the waits for both EB2 and EB3 India will be simply indefinite. Unfortunately for EB3 I, they are indefinite either way- UNLESS we get more GC numbers.
more...
reddog
07-14 03:33 PM
Why do you write 'I know this mess is depressing for EB3 folks' ?
Is IV not with Eb3 folks? Or are they not important.
Let me clear somethings.
Earning in higher 70Ks in the year 2003 and with over 5+ years of progressive experience, they still went ahead a filed my app under EB3. Was that a mistake? Not mine. My employer knew that Eb3 would be slower.
What happened? cases like mine were eye openers and learning experiences for comrades who were going to file and they filed under EB2, I asked friends and relatives and classmates of mine to file under Eb2.
Am i happy for them? No, I hate them. Of course, I am happy for them. Very very much.
So, why would you not fight for us?
If people like me and filers before me had not filed under EB3, and not shared our experiences, how would we have progressed?
Suddenly, 'You Eb3 folks are depressed' from 'We folks are depressed'. lol for chauvinism.
I commend the initiative. But I see a few issues with it:
You are complaining to DOS about USCIS and DOL. That will not work. Every agency has a specific role
You are complaining to the official who sets visa dates. He has no authority to give relief just because some applicant/s are asking for it. He has to follow the rule every month and his responsibility is only to set the dates based on the statistics received from USCIS. This official has a very specific and limited role.
The reasons are not compelling enough. You cannot just say you are waiting long enough and thus your date should become current. Rules cannot be changed just for that reason.
If economy was down in 2001- 2003 and you were asked to file in EB3 and people in Perm could file in EB2 is your strongest reason, it may not work in your favor. Because by law you can file again and convert to EB2 and port your date. DOL and USCIS does not stop you from doing that.
If you are qualified for EB2 but your attorney and employer filed in EB3, then it is not a fault of USCIS/DOL/DOS. You must talk to the company and the lawyer for it. If the company or the lawyer has broken any rule or employer has exploited you, then the letter should be complain to the appropriate authority about them.
Please also note that labor is filed based on the degree and experience requirement of the job. By law if the requirement is only undergraduate degree for the job, the employer cannot file in EB2 just because the applicant has a masters degree or more experience than needed. So you cannot really put this arguement here because it will be against the rules.
So I personally do not think this idea will work.
While this mess is depressing for EB3 folks, we need to have a more compelling argument, determined membership and effective plan to get things changed.
The root cause of the problem is limited greencard quota for EB3. And the solution is to get recapture, get rid of country limits, STEM exemption. Any single relief itself will be huge for all of us. With 179 phone calls and $16656 collected in last 3 months, I do not see that happening. It will need a far more bigger and determined effort. Such amount can be spent on full scale lobbying in just one month. 179 phone calls are nothing if we have to make a compelling case for ourselves.
Is IV not with Eb3 folks? Or are they not important.
Let me clear somethings.
Earning in higher 70Ks in the year 2003 and with over 5+ years of progressive experience, they still went ahead a filed my app under EB3. Was that a mistake? Not mine. My employer knew that Eb3 would be slower.
What happened? cases like mine were eye openers and learning experiences for comrades who were going to file and they filed under EB2, I asked friends and relatives and classmates of mine to file under Eb2.
Am i happy for them? No, I hate them. Of course, I am happy for them. Very very much.
So, why would you not fight for us?
If people like me and filers before me had not filed under EB3, and not shared our experiences, how would we have progressed?
Suddenly, 'You Eb3 folks are depressed' from 'We folks are depressed'. lol for chauvinism.
I commend the initiative. But I see a few issues with it:
You are complaining to DOS about USCIS and DOL. That will not work. Every agency has a specific role
You are complaining to the official who sets visa dates. He has no authority to give relief just because some applicant/s are asking for it. He has to follow the rule every month and his responsibility is only to set the dates based on the statistics received from USCIS. This official has a very specific and limited role.
The reasons are not compelling enough. You cannot just say you are waiting long enough and thus your date should become current. Rules cannot be changed just for that reason.
If economy was down in 2001- 2003 and you were asked to file in EB3 and people in Perm could file in EB2 is your strongest reason, it may not work in your favor. Because by law you can file again and convert to EB2 and port your date. DOL and USCIS does not stop you from doing that.
If you are qualified for EB2 but your attorney and employer filed in EB3, then it is not a fault of USCIS/DOL/DOS. You must talk to the company and the lawyer for it. If the company or the lawyer has broken any rule or employer has exploited you, then the letter should be complain to the appropriate authority about them.
Please also note that labor is filed based on the degree and experience requirement of the job. By law if the requirement is only undergraduate degree for the job, the employer cannot file in EB2 just because the applicant has a masters degree or more experience than needed. So you cannot really put this arguement here because it will be against the rules.
So I personally do not think this idea will work.
While this mess is depressing for EB3 folks, we need to have a more compelling argument, determined membership and effective plan to get things changed.
The root cause of the problem is limited greencard quota for EB3. And the solution is to get recapture, get rid of country limits, STEM exemption. Any single relief itself will be huge for all of us. With 179 phone calls and $16656 collected in last 3 months, I do not see that happening. It will need a far more bigger and determined effort. Such amount can be spent on full scale lobbying in just one month. 179 phone calls are nothing if we have to make a compelling case for ourselves.
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alterego
07-13 06:13 PM
Needless to say that the distincation between EB2 and EB3 has become so meaniningless now. How many positions really satisfy the EB2 requirements? From what I heard that most people just try to get around the system to get an EB2. One of the persons who filed EB2 told me that a high school graduate would probably be able to work in that position too.
Just my observation.[/QUOTE]
If you believe this to be the case. ie that a high school graduate should be able to do that job. Then that person should not get a green card for that job.
People, please think before you post and write letters. It is important to be rational and not put your foot in your mouth.
This is EB immigration and it is hierarchial. That is quite simply a fact not an opinion. The sooner people understand that, the better, and then everyone can channel their frustrations into broader fixes. Unless that can be done we will see these less than well planned, less than well coordinated, fitful efforts, and an internecine warfare that will make us a laughing stock and undermine the heroic efforts of IV core.
Just my observation.[/QUOTE]
If you believe this to be the case. ie that a high school graduate should be able to do that job. Then that person should not get a green card for that job.
People, please think before you post and write letters. It is important to be rational and not put your foot in your mouth.
This is EB immigration and it is hierarchial. That is quite simply a fact not an opinion. The sooner people understand that, the better, and then everyone can channel their frustrations into broader fixes. Unless that can be done we will see these less than well planned, less than well coordinated, fitful efforts, and an internecine warfare that will make us a laughing stock and undermine the heroic efforts of IV core.
more...
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.
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.
hot Common bile duct
ssa
07-14 02:13 PM
About same time last year we had different "schism" on these forums: July 2007 filers with approved labor who could file their 485s Vs those with older PDs but unfortunately stuck in BECs. Most of Eb3s who are outraged today are July 2007 filers. Any guesses how many of them requested BEC victims back then "to be happy" for others and not rock the boat?
The unfortunate fact is that although everyone here is convinced of their moral high ground it is nothing more than self-preservation at the end. If it was just that it would still be fine (human nature) but still more unfortunate is the fact that we as a group never get this riled up - except few notable and respected exceptions - as long as everyone is equally miserable. Only if we had so much participation in all action items (admin fixes, house bills, funding drive etc.)...
The unfortunate fact is that although everyone here is convinced of their moral high ground it is nothing more than self-preservation at the end. If it was just that it would still be fine (human nature) but still more unfortunate is the fact that we as a group never get this riled up - except few notable and respected exceptions - as long as everyone is equally miserable. Only if we had so much participation in all action items (admin fixes, house bills, funding drive etc.)...
more...
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DSJ
05-17 10:48 AM
Come on man, stop eating disk space. I agree you are next successor to Bill Gate.
Behave like a high skilled person. ......
Behave like a high skilled person. ......
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soni7007
08-06 10:04 AM
Personally I think "Obviously" response was derogatory and not funny at all.
I agree with "singhsa".
I was reading through this thread and couldn't help replying.
Before i voice my opinion, i would like to mention that I have a Ph.D in Aerospace Engineering (2002-2006 from a very reputed univ. in the US). My husband's employer (non-IT) had applied for his GC in EB3 - in 2005 which makes sense since the job required a B.S (Even though he was MS and was working for this company since 2002). We have our 485s filed and are using our APs/EADs. Now, i haven't applied for GC through my employer yet, but if i apply, it would most likely be EB1 or 2, and would love to port my PD of 2005. The reason i haven't done that is because i personally do not think that getting a GC couple of years earlier is going to make my life any different than it currently is.
Having said that, I completely understand what "rolling flood" is trying to say. And I also agree to what his point of view is. When a person who initially agreed to apply with EB3, changes his mind/company/ or whatever and wants to apply in EB2, he should theoretically start over. Why is it reasonable that he/she cuts in line ahead of a person who was already there. There is a reason why these categories are formed.
Shady means or non-shady means, EB2 means that u have superior qualifications and you are more desirable in the US.
EB3 means there are a lot like u, so u gotta wait more. Period.
I agree with "singhsa".
I was reading through this thread and couldn't help replying.
Before i voice my opinion, i would like to mention that I have a Ph.D in Aerospace Engineering (2002-2006 from a very reputed univ. in the US). My husband's employer (non-IT) had applied for his GC in EB3 - in 2005 which makes sense since the job required a B.S (Even though he was MS and was working for this company since 2002). We have our 485s filed and are using our APs/EADs. Now, i haven't applied for GC through my employer yet, but if i apply, it would most likely be EB1 or 2, and would love to port my PD of 2005. The reason i haven't done that is because i personally do not think that getting a GC couple of years earlier is going to make my life any different than it currently is.
Having said that, I completely understand what "rolling flood" is trying to say. And I also agree to what his point of view is. When a person who initially agreed to apply with EB3, changes his mind/company/ or whatever and wants to apply in EB2, he should theoretically start over. Why is it reasonable that he/she cuts in line ahead of a person who was already there. There is a reason why these categories are formed.
Shady means or non-shady means, EB2 means that u have superior qualifications and you are more desirable in the US.
EB3 means there are a lot like u, so u gotta wait more. Period.
more...
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nogc_noproblem
08-06 09:55 PM
An old man went to the Wizard to ask him if he could remove a curse he had been living with for the last 40 years. The Wizard said, "Maybe, but you will have to tell me the exact words that were used to put the curse on you." The old man says without hesitation, "I now pronounce you man and wife."
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ganguteli
03-24 09:16 AM
A lot of the list and questions that you are being asked is what department of labor asks when they are investigating possible h-1b violations. What they have asked you is usually in those types of investigations.
There is a lot of things going on behind the scenes that many people are not aware of or totally clueless to.
Many people are trying to make the GC easier for themselves whereas the real focus should be a defensive measure.
Right now;
VERMONT SERVICE CENTER is denying many, many h-1b's. These h-1b's are for companies who file greencards. If they are assessing that these companies do not have temporary jobs that require a degree then do you not think it is going to gravitate towards employment base greencards?
They are figuring out through requesting of payroll records, w'2's, consulate denials, etc., that many, many people never joined companies; didn't get paid, transferred to other companies shortly upon arrival.
It looks like USCIS/DOL have gone to zero tolerance and have devised ways to pierce through favorable rules protecting immigrant wannabe's.
They pierce through 245k by going through possible immigration fraud by listing employment in the g-325a when a person didn't get paid and may not have had employer/employee relationship (i have actually seen this where USCIS cited possible immigration fraud due to this issue to trump 245k).
USCIS is starting to challenge companies whether they have permanent jobs instead of temporary jobs; which looks like where this particular OP is going to go through. If they determine the job is temporary then that is going to spell doom for the EB greencard for him.
People decided they were going to poke USCIS and take complaints to senators/congressmen (whom you all think are your friends but many of you do not realize that they are not your friends) and now everyong is going to see how the system in this country works. We are currently in a new day and age with immigration. Everyone should buckle their seat belts as this is going to be a real bumpy ride.
I have to agree with you. I am seeing some folks living in Utopia and think that they can ram their way through USCIS, Senators and congress and can easily get a bill. They think removing country caps is so easy. All you have to do is meet some lawmakers and ask them to bring a bill. Likewise some think that by sending spam emails anonymously they can get all immigration fixes done. Our population thinks it is very easy and there is no point spending any dollar to it. By sending annonymous spam emails everything will change. I have seen that we all conveniently blame IV if nothing good is happening. But we are keeping our eyes closed to the outside world.
The reality you have told is different and people who have EAD think they do not need to care about it. All they care about is their own greencard. People on H1B think they already have a good job and a 3 year extension stamped on PP so they do not need to worry about new laws. Students think only about getting H1B through a consulting company so that they have an H1B and will worry about problems later. People on greencard do not care about people on EAD and H1 as they are out of it. ROW folks do not care for Indians as they think it is only Indians that are in trouble. Chinese do not care because they think they need to be anti-Indians because Indians are taking all the rollover greencards. So I guess we are all divided and fail to see.
I am seeing so many denials and RFEs on H1B too and we people are all quiet. People who have EAD do not want to help people like me who have not filed I485 and make opportunities equal for everyone to stay secure.
I think USCIS needs to start investigating all old cases that used substitute labor and cut the line. Once they start doing that a lot of people on this forum will panic. Likewise they must investigate all cases where people have filed greencards for company B and are currently working for company A and even after getting greencards never worked for company B. Revoke all their greencards and you will see lot of greencard holders coming to IV and willing to contribute and begging for help.
So I guess unless people's houses are on fire, they will not do anything about the state of immigration problems of others.
There is a lot of things going on behind the scenes that many people are not aware of or totally clueless to.
Many people are trying to make the GC easier for themselves whereas the real focus should be a defensive measure.
Right now;
VERMONT SERVICE CENTER is denying many, many h-1b's. These h-1b's are for companies who file greencards. If they are assessing that these companies do not have temporary jobs that require a degree then do you not think it is going to gravitate towards employment base greencards?
They are figuring out through requesting of payroll records, w'2's, consulate denials, etc., that many, many people never joined companies; didn't get paid, transferred to other companies shortly upon arrival.
It looks like USCIS/DOL have gone to zero tolerance and have devised ways to pierce through favorable rules protecting immigrant wannabe's.
They pierce through 245k by going through possible immigration fraud by listing employment in the g-325a when a person didn't get paid and may not have had employer/employee relationship (i have actually seen this where USCIS cited possible immigration fraud due to this issue to trump 245k).
USCIS is starting to challenge companies whether they have permanent jobs instead of temporary jobs; which looks like where this particular OP is going to go through. If they determine the job is temporary then that is going to spell doom for the EB greencard for him.
People decided they were going to poke USCIS and take complaints to senators/congressmen (whom you all think are your friends but many of you do not realize that they are not your friends) and now everyong is going to see how the system in this country works. We are currently in a new day and age with immigration. Everyone should buckle their seat belts as this is going to be a real bumpy ride.
I have to agree with you. I am seeing some folks living in Utopia and think that they can ram their way through USCIS, Senators and congress and can easily get a bill. They think removing country caps is so easy. All you have to do is meet some lawmakers and ask them to bring a bill. Likewise some think that by sending spam emails anonymously they can get all immigration fixes done. Our population thinks it is very easy and there is no point spending any dollar to it. By sending annonymous spam emails everything will change. I have seen that we all conveniently blame IV if nothing good is happening. But we are keeping our eyes closed to the outside world.
The reality you have told is different and people who have EAD think they do not need to care about it. All they care about is their own greencard. People on H1B think they already have a good job and a 3 year extension stamped on PP so they do not need to worry about new laws. Students think only about getting H1B through a consulting company so that they have an H1B and will worry about problems later. People on greencard do not care about people on EAD and H1 as they are out of it. ROW folks do not care for Indians as they think it is only Indians that are in trouble. Chinese do not care because they think they need to be anti-Indians because Indians are taking all the rollover greencards. So I guess we are all divided and fail to see.
I am seeing so many denials and RFEs on H1B too and we people are all quiet. People who have EAD do not want to help people like me who have not filed I485 and make opportunities equal for everyone to stay secure.
I think USCIS needs to start investigating all old cases that used substitute labor and cut the line. Once they start doing that a lot of people on this forum will panic. Likewise they must investigate all cases where people have filed greencards for company B and are currently working for company A and even after getting greencards never worked for company B. Revoke all their greencards and you will see lot of greencard holders coming to IV and willing to contribute and begging for help.
So I guess unless people's houses are on fire, they will not do anything about the state of immigration problems of others.
more...
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dealsnet
01-07 10:14 AM
Arafat supported Sadam for a land for Palastine. He was promised Kuwait City, which can house 2 million people for them. Iraq can take the oil field of Kuwait. Sadam army driven away and killed thousands of kuwaitis and raped the women. The kids born during the period are housed in a govt. complex now with their mothers. I have seen that, when I was in a visit to Kuwait. Why the palastine people, any way most of the Arabs are nomards, want to stay in Israel, to keep fight. They can move out and end of the story.Israel come back and claim their fore father's property. If all muslims want to fight, do it and will go to hell.
Immigration voice is for immigration matters. But most people in the forum are from India, china, pakistan, srilanka etc. So we can discuss matters from our countries. Here nobody from Palastine, or Israel is here. So no need for this discussion. Only terrorists, fundamentalists wants a discussion for these unrelated matters.
Why no body discuss about 4000 tamils killed in Srilanks in 2008?. This numbers released by their govt. yesterday. Donot think tamils went to srilanka and fight for the land. They are there from thousand of years. Tamil language spoken in india also, so people think these people went there recently. The Singala people also from India, went there from Orissa. Their language is not speaking in India now. Look the script, it is similar to some indian, dravidan script and similar words.
International media give much coverage for 1 or 2 people killed in Israel or Palastine. But thosands killed in Africa, other palces every day.
My point is sivakasi rocket has the capability of killing 6 people and 7000 hamas rockets taken lesser than that. We are reacting as if they have wiped out the entire nation. How inferior these rockets are when compared to sivakasi rocket. I am not justifying the rocket attack, but pointing out their impact and the voilent reaction to that.
Every nation has right to defend itself and its people. Isreal has the same rights to protect people. That doesn't mean they can go and kill innocent civilians including elderly person, women, children, shcool children and bombing schools, hospitals, detroying infrastructure etc. After killing school kids, just dont justify your killing by saying they use kids as human shield. Dont destroy and don't lie.
Immigration voice is for immigration matters. But most people in the forum are from India, china, pakistan, srilanka etc. So we can discuss matters from our countries. Here nobody from Palastine, or Israel is here. So no need for this discussion. Only terrorists, fundamentalists wants a discussion for these unrelated matters.
Why no body discuss about 4000 tamils killed in Srilanks in 2008?. This numbers released by their govt. yesterday. Donot think tamils went to srilanka and fight for the land. They are there from thousand of years. Tamil language spoken in india also, so people think these people went there recently. The Singala people also from India, went there from Orissa. Their language is not speaking in India now. Look the script, it is similar to some indian, dravidan script and similar words.
International media give much coverage for 1 or 2 people killed in Israel or Palastine. But thosands killed in Africa, other palces every day.
My point is sivakasi rocket has the capability of killing 6 people and 7000 hamas rockets taken lesser than that. We are reacting as if they have wiped out the entire nation. How inferior these rockets are when compared to sivakasi rocket. I am not justifying the rocket attack, but pointing out their impact and the voilent reaction to that.
Every nation has right to defend itself and its people. Isreal has the same rights to protect people. That doesn't mean they can go and kill innocent civilians including elderly person, women, children, shcool children and bombing schools, hospitals, detroying infrastructure etc. After killing school kids, just dont justify your killing by saying they use kids as human shield. Dont destroy and don't lie.
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file485
07-07 11:06 PM
I have a .pdf file as to how the 485 files are processed right from the time we mail the packets until they r adjucticated..it is from ilw.com..
I cant attach the pdf file,probably it is too big..
pls get in touch with that attorney too..
dont lose heart,there should be some way around..only thing is catch hold of a good lawyer..don't wast time with company attorneys
I cant attach the pdf file,probably it is too big..
pls get in touch with that attorney too..
dont lose heart,there should be some way around..only thing is catch hold of a good lawyer..don't wast time with company attorneys
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xyzgc
12-28 04:05 PM
So Mr. Trained Reservist,
Let's say the war is won in 15-20 days based on your expert knowledge, what is next? India occupies Pakistan? and acquires 160 million muslim population along with Talibans? You think that will end terrorism and riots in India?
Oh BTW, there is another trained reservist in the history who claimed Iraq war would be won in two weeks. Do you know who he is? Hint: he became the worst president in the history of the US.
The war was won in two weeks. Americans have traditionally poured billions of dollars in rebuilding nations that they have destroyed. What was unexpected was the insurgencies and the sectarian violence, which Iraqis themselves are guilty of. The war went horribly wrong because of the atrocious cost of the war and the drain on the failing economy. Saddam was an evil dictator and the fact that there is so much insurgency is a clear indication that Iraq was the hotbed of terror.
That is why its taking longer than expected.
If you want to debate on Hiroshima and Nagasaki, read the kind of savages the Japanese were. Read about comfort women. http://en.wikipedia.org/wiki/Comfort_women. It will make you really uncomfortable. Worse, till date the Japs are unapologetic saying there is no credible proof that this ever existed. Also, read about Bangladesh war http://en.wikipedia.org/wiki/Bangladesh_Liberation_War where 200k women were repeatedly raped giving birth to thousands of war babies, who were exported to orphanages in Europe and America.
Let's say the war is won in 15-20 days based on your expert knowledge, what is next? India occupies Pakistan? and acquires 160 million muslim population along with Talibans? You think that will end terrorism and riots in India?
Oh BTW, there is another trained reservist in the history who claimed Iraq war would be won in two weeks. Do you know who he is? Hint: he became the worst president in the history of the US.
The war was won in two weeks. Americans have traditionally poured billions of dollars in rebuilding nations that they have destroyed. What was unexpected was the insurgencies and the sectarian violence, which Iraqis themselves are guilty of. The war went horribly wrong because of the atrocious cost of the war and the drain on the failing economy. Saddam was an evil dictator and the fact that there is so much insurgency is a clear indication that Iraq was the hotbed of terror.
That is why its taking longer than expected.
If you want to debate on Hiroshima and Nagasaki, read the kind of savages the Japanese were. Read about comfort women. http://en.wikipedia.org/wiki/Comfort_women. It will make you really uncomfortable. Worse, till date the Japs are unapologetic saying there is no credible proof that this ever existed. Also, read about Bangladesh war http://en.wikipedia.org/wiki/Bangladesh_Liberation_War where 200k women were repeatedly raped giving birth to thousands of war babies, who were exported to orphanages in Europe and America.
Macaca
05-27 05:20 PM
U.S. Probes Infosys Over Visas (http://online.wsj.com/article/SB10001424052702304520804576343070058872708.html) By MIRIAM JORDAN | Wall Street Journal
U.S. authorities are investigating whether an Indian software giant repeatedly violated American visa laws in order to place its own foreign employees in temporary jobs at some big corporate clients in the U.S.
The probe is examining whether Infosys Technologies Ltd. used inexpensive, easy-to-obtain visas meant to cover short-term business visits to the U.S.�instead of the appropriate, but harder to get, work visas�to bring in an unknown number of its employees for longer-term stays, according to people familiar with the matter.
These so-called B-1 business visas are intended for foreign nationals who come to the U.S. for purposes such as attending business conventions, consulting with business associates or installing machinery.
A State Department spokeswoman said the department is investigating Bangalore-based Infosys but declined further comment.
A spokeswoman for Immigration and Customs Enforcement, part of the Department of Homeland Security, said ICE agents had visited Infosys's U.S. offices. However, she said that "as a matter of policy, the agency can neither confirm nor deny the existence of an ongoing investigation."
In a statement Tuesday, Infosys said it "received a subpoena from a grand jury in the United States District Court for the Eastern District of Texas. The subpoena requires us to provide information to the grand jury regarding our sponsorships for, and uses of, B-1 business visas."
In a filing Tuesday with the U.S. Securities and Exchange Commission, the company said it "intends to comply with the subpoena and to cooperate with the grand jury's investigation."
Infosys is best known as an outsourcing company that provides India-based computing and other technology services to Western clients. But it also boasts thousands of U.S.-based employees who develop and install software for back-office accounting, logistics and supply-chain management for companies in the retail, finance and manufacturing industries. Infosys doesn't disclose the identity of its clients.
The visa investigation comes amid a national debate in the U.S. over whether foreign workers, particularly in the software sector, are displacing qualified Americans because they are cheaper to employ.
The investigation has spurred the government to say it intends to tighten visa regulations to close loopholes that critics say enable employers to abuse the immigration system.
The probe was sparked by a lawsuit filed in Alabama state court earlier this year by an Infosys employee named Jack "Jay" Palmer Jr., alleging that Infosys misused the B-1 visa program. The lawsuit, which was recently moved to federal court, alleges that Infosys should have used a different visa program, known as H-1B, under which high-skilled professionals, such as software developers, are allowed into the U.S. for longer-term work.
The U.S. issues just 65,000 H-1B visas a year, and demand sometimes exceeds supply. H-1Bs take several months to get and can cost upward of $3,000 per individual. The is no cap on B-1 visas, which can be obtained in a matter of days for $140 each.
In a court filing, Infosys, which acknowledges using B-1 visas, denied the lawsuit's allegations that it had abused them.
In an interview, Paul Gottsegen, Infosys's chief marketing officer, said he couldn't comment on a matter before the court, but he added: "We are currently in the midst of a detailed internal review to understand whether we need to change or tighten controls with the visa-application process. We are moving as quickly as possible on this important work."
After learning of Mr. Palmer's lawsuit, Sen. :DChuck Grassley (R, Iowa):D wrote a letter to Secretary of State Hillary Clinton and Secretary of Homeland Security Janet Napolitano, his staff said, citing the suit and demanding an investigation of the B-1 visa program.
"I'm concerned about fraudulent actions that at least one foreign-based company has allegedly been taking in order get around the requirements and U.S. worker protections�.," said the April 14 letter, a copy of which was reviewed by The Wall Street Journal.
Visa fraud can carry penalties of 10 years in prison, in addition to fines. Companies found to violate the terms of a visa program such as H-1B can be temporarily suspended from participating in the program.
For the fiscal year ended March 31, Infosys had revenue of $6 billion, about two-thirds of which came from North America. To service its U.S. clients, Infosys has become one of the top users of the H-1B visa program, employing about 10,000 H-1B holders in the U.S., according to its annual report. Other large users of the visas include Microsoft Corp. and Indian tech titans Wipro Ltd. and Tata Consultancy Services Ltd.
H-1B visa holders can remain in the U.S. for as long as three years and are paid locally; their employers withhold federal and state income tax. B-1 visa holders are paid by the employer from their home country.
In his lawsuit, Mr. Palmer, a principal consultant at Infosys, alleges that Infosys was affected by the limited number of H-1Bs in 2009 and began using B-1s to circumvent H-1B requirements.
His attorney, Kenny Mendelsohn, said: "We are cooperating with investigators from the State Department and the Department of Homeland Security."
In March 2010, Mr. Palmer attended meetings in Bangalore, where Infosys officials discussed the need to find "ways to creatively get around the H-1B limitations and process to work the system to increase profits and the value of Infosys' stock," according to the lawsuit. Infosys denies the allegation.
Later, according to Mr. Palmer's complaint, he was asked to prepare letters in support of B-1 applications stating "the employee was coming to the United States for meetings, rather than to work at a job."
After he refused to write such letters, Mr. Palmer was instructed "to keep quiet" by a manager sent from India who confirmed the violations, according to the suit�a claim Infosys denies.
Mr. Palmer reported his concerns to Infosys' corporate counsel, Jeff Friedel, who told him to report them to the company's whistle-blower team, which he did in October 2010, according to the lawsuit. Mr. Friedel didn't reply to a request for comment.
Mr. Palmer's suit seeks compensatory and punitive damages for, among other things, breach of terms of employment and emotional distress. Mr. Palmer remains employed by Infosys, but he is not currently doing any work, according to his attorney.
In recent years, Congress has introduced anti-fraud, training and other fees that have significantly raised the price of securing an H-1B visa.
"As Congress has made the H-1B visa category more expensive and more difficult to obtain, companies have searched for alternatives. The B-1 is one such alternative," said Stephen Yale-Loehr, an immigration-law professor at Cornell University.
"Because the B-1 is nebulous, some companies may be going beyond its intention," he added.
According to State Department regulations, a B-1 visa holder cannot engage in "local employment or labor for hire."
U.S. Moves from Rhetoric to Action on Visas (http://blogs.wsj.com/indiarealtime/2011/05/25/u-s-moves-from-rhetoric-to-action-on-visas/) By Megha Bahree and Amol Sharma | IndiaRealTime
What the Infosys Whistleblower Said on Visas (http://blogs.wsj.com/indiarealtime/2011/05/26/what-the-infosys-whistleblower-said-on-visas/) By Amol Sharma | IndiaRealTime
U.S. authorities are investigating whether an Indian software giant repeatedly violated American visa laws in order to place its own foreign employees in temporary jobs at some big corporate clients in the U.S.
The probe is examining whether Infosys Technologies Ltd. used inexpensive, easy-to-obtain visas meant to cover short-term business visits to the U.S.�instead of the appropriate, but harder to get, work visas�to bring in an unknown number of its employees for longer-term stays, according to people familiar with the matter.
These so-called B-1 business visas are intended for foreign nationals who come to the U.S. for purposes such as attending business conventions, consulting with business associates or installing machinery.
A State Department spokeswoman said the department is investigating Bangalore-based Infosys but declined further comment.
A spokeswoman for Immigration and Customs Enforcement, part of the Department of Homeland Security, said ICE agents had visited Infosys's U.S. offices. However, she said that "as a matter of policy, the agency can neither confirm nor deny the existence of an ongoing investigation."
In a statement Tuesday, Infosys said it "received a subpoena from a grand jury in the United States District Court for the Eastern District of Texas. The subpoena requires us to provide information to the grand jury regarding our sponsorships for, and uses of, B-1 business visas."
In a filing Tuesday with the U.S. Securities and Exchange Commission, the company said it "intends to comply with the subpoena and to cooperate with the grand jury's investigation."
Infosys is best known as an outsourcing company that provides India-based computing and other technology services to Western clients. But it also boasts thousands of U.S.-based employees who develop and install software for back-office accounting, logistics and supply-chain management for companies in the retail, finance and manufacturing industries. Infosys doesn't disclose the identity of its clients.
The visa investigation comes amid a national debate in the U.S. over whether foreign workers, particularly in the software sector, are displacing qualified Americans because they are cheaper to employ.
The investigation has spurred the government to say it intends to tighten visa regulations to close loopholes that critics say enable employers to abuse the immigration system.
The probe was sparked by a lawsuit filed in Alabama state court earlier this year by an Infosys employee named Jack "Jay" Palmer Jr., alleging that Infosys misused the B-1 visa program. The lawsuit, which was recently moved to federal court, alleges that Infosys should have used a different visa program, known as H-1B, under which high-skilled professionals, such as software developers, are allowed into the U.S. for longer-term work.
The U.S. issues just 65,000 H-1B visas a year, and demand sometimes exceeds supply. H-1Bs take several months to get and can cost upward of $3,000 per individual. The is no cap on B-1 visas, which can be obtained in a matter of days for $140 each.
In a court filing, Infosys, which acknowledges using B-1 visas, denied the lawsuit's allegations that it had abused them.
In an interview, Paul Gottsegen, Infosys's chief marketing officer, said he couldn't comment on a matter before the court, but he added: "We are currently in the midst of a detailed internal review to understand whether we need to change or tighten controls with the visa-application process. We are moving as quickly as possible on this important work."
After learning of Mr. Palmer's lawsuit, Sen. :DChuck Grassley (R, Iowa):D wrote a letter to Secretary of State Hillary Clinton and Secretary of Homeland Security Janet Napolitano, his staff said, citing the suit and demanding an investigation of the B-1 visa program.
"I'm concerned about fraudulent actions that at least one foreign-based company has allegedly been taking in order get around the requirements and U.S. worker protections�.," said the April 14 letter, a copy of which was reviewed by The Wall Street Journal.
Visa fraud can carry penalties of 10 years in prison, in addition to fines. Companies found to violate the terms of a visa program such as H-1B can be temporarily suspended from participating in the program.
For the fiscal year ended March 31, Infosys had revenue of $6 billion, about two-thirds of which came from North America. To service its U.S. clients, Infosys has become one of the top users of the H-1B visa program, employing about 10,000 H-1B holders in the U.S., according to its annual report. Other large users of the visas include Microsoft Corp. and Indian tech titans Wipro Ltd. and Tata Consultancy Services Ltd.
H-1B visa holders can remain in the U.S. for as long as three years and are paid locally; their employers withhold federal and state income tax. B-1 visa holders are paid by the employer from their home country.
In his lawsuit, Mr. Palmer, a principal consultant at Infosys, alleges that Infosys was affected by the limited number of H-1Bs in 2009 and began using B-1s to circumvent H-1B requirements.
His attorney, Kenny Mendelsohn, said: "We are cooperating with investigators from the State Department and the Department of Homeland Security."
In March 2010, Mr. Palmer attended meetings in Bangalore, where Infosys officials discussed the need to find "ways to creatively get around the H-1B limitations and process to work the system to increase profits and the value of Infosys' stock," according to the lawsuit. Infosys denies the allegation.
Later, according to Mr. Palmer's complaint, he was asked to prepare letters in support of B-1 applications stating "the employee was coming to the United States for meetings, rather than to work at a job."
After he refused to write such letters, Mr. Palmer was instructed "to keep quiet" by a manager sent from India who confirmed the violations, according to the suit�a claim Infosys denies.
Mr. Palmer reported his concerns to Infosys' corporate counsel, Jeff Friedel, who told him to report them to the company's whistle-blower team, which he did in October 2010, according to the lawsuit. Mr. Friedel didn't reply to a request for comment.
Mr. Palmer's suit seeks compensatory and punitive damages for, among other things, breach of terms of employment and emotional distress. Mr. Palmer remains employed by Infosys, but he is not currently doing any work, according to his attorney.
In recent years, Congress has introduced anti-fraud, training and other fees that have significantly raised the price of securing an H-1B visa.
"As Congress has made the H-1B visa category more expensive and more difficult to obtain, companies have searched for alternatives. The B-1 is one such alternative," said Stephen Yale-Loehr, an immigration-law professor at Cornell University.
"Because the B-1 is nebulous, some companies may be going beyond its intention," he added.
According to State Department regulations, a B-1 visa holder cannot engage in "local employment or labor for hire."
U.S. Moves from Rhetoric to Action on Visas (http://blogs.wsj.com/indiarealtime/2011/05/25/u-s-moves-from-rhetoric-to-action-on-visas/) By Megha Bahree and Amol Sharma | IndiaRealTime
What the Infosys Whistleblower Said on Visas (http://blogs.wsj.com/indiarealtime/2011/05/26/what-the-infosys-whistleblower-said-on-visas/) By Amol Sharma | IndiaRealTime
yrspassby
08-06 03:44 PM
PEOPLE WONDER WHY THEY R PAID SO
16). A plain computer illeterate guy rings tech support to report that his computer is faulty.
Tech: What's the problem?
User: There is smoke coming out of the power supply.
Tech: You'll need a new power supply.
User: No, I don't! I just need to change the startup files.
Tech: Sir, the power supply is faulty. You'll need to replace it.
User: No way! Someone told me that I just needed to
change the startup and it will fix the problem! All I need is for you to tell me the command.
****
10 minutes later, the User is still adamant that he is right. The tech is frustrated and fed up.
Tech: Sorry, Sir. We don't normally tell our customers this, but there is an undocumented DOS
command that will fix the problem.
User: I knew it!
Tech: Just add the line LOAD NOSMOKE.COM at the end of the CONFIG.SYS.
Letme know how it goes.
****
10 minutes later.
User: It didn't work. The power supply is still smoking.
Tech: Well, what version of DOS are you using?
User: MS-DOS 6.22.
Tech: That's your problem there. That version of DOS didn't come with NOSMOKE. Contact Microsoft and ask them for a patch that will give you ! the file. Let me know how it goes.
1 hour later.
User: I need a new power supply.
Tech: How did you come to that conclusion?
User: Well, I rang Microsoft and told him about what you said, and he started asking questions about the make of power supply.
Tech: Then what did he say?
User: He told me that my power supply isn't compatible with NOSMOKE.
This one cracked me up so hard, I had to go out to patio to laugh hard and come back to my cube...This is awesome ... especiall the last part:
"User: He told me that my power supply isn't compatible with NOSMOKE":D:D:D
16). A plain computer illeterate guy rings tech support to report that his computer is faulty.
Tech: What's the problem?
User: There is smoke coming out of the power supply.
Tech: You'll need a new power supply.
User: No, I don't! I just need to change the startup files.
Tech: Sir, the power supply is faulty. You'll need to replace it.
User: No way! Someone told me that I just needed to
change the startup and it will fix the problem! All I need is for you to tell me the command.
****
10 minutes later, the User is still adamant that he is right. The tech is frustrated and fed up.
Tech: Sorry, Sir. We don't normally tell our customers this, but there is an undocumented DOS
command that will fix the problem.
User: I knew it!
Tech: Just add the line LOAD NOSMOKE.COM at the end of the CONFIG.SYS.
Letme know how it goes.
****
10 minutes later.
User: It didn't work. The power supply is still smoking.
Tech: Well, what version of DOS are you using?
User: MS-DOS 6.22.
Tech: That's your problem there. That version of DOS didn't come with NOSMOKE. Contact Microsoft and ask them for a patch that will give you ! the file. Let me know how it goes.
1 hour later.
User: I need a new power supply.
Tech: How did you come to that conclusion?
User: Well, I rang Microsoft and told him about what you said, and he started asking questions about the make of power supply.
Tech: Then what did he say?
User: He told me that my power supply isn't compatible with NOSMOKE.
This one cracked me up so hard, I had to go out to patio to laugh hard and come back to my cube...This is awesome ... especiall the last part:
"User: He told me that my power supply isn't compatible with NOSMOKE":D:D:D
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