purgan
12-13 05:04 PM
As a precursor to abolishing labor substitution next year, USCIS is increasing its scrutiny of substituted labor. Also there is rampant fraud in labor substituions.
I was reading somewhere that USCIS rejection rate of labor sub is 85% higher than in orginal labor. That is a significant percentage, if you ask me. Make your own decision but be very wary of promises.
I was reading somewhere that USCIS rejection rate of labor sub is 85% higher than in orginal labor. That is a significant percentage, if you ask me. Make your own decision but be very wary of promises.
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GCSOON-Ihope
01-31 03:52 PM
Yes sir, they do.
GC lottery is the biggest joke ...
GC lottery is no joke at all: I personally know several people who won it and happily settled here afterwards.
GC lottery is the biggest joke ...
GC lottery is no joke at all: I personally know several people who won it and happily settled here afterwards.
techysingh
02-03 09:36 AM
not yet
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pmb76
02-12 05:05 PM
Hi all,
Mine is a different situation, i was with my employer till mid of last year and did not inform him while leaving his company and joined another job (h1 transfer) he is now saying that the vendor did not pay him some money and i have to pay that amount and he is demanding that amount for my W-2.
He also said that he would take legal action if i didnot pay his losses ( i did not sign any document with him other than my h1b papers) no agreements,
I am going to call IRS after feb15, but is he going to go to court?
Please suggest me.
Thanks
Dude, I think you shouldn't worry about this. The contract was between the consulting company and the client. If the client doesn't pay what is your fault ? You don't control the client. I don't think he has any case against you. He might have a case against the client for not paying the dues for services rendered but that is their problem , not yours.
These desi consulting firms are so friggin shortsighted and pennypinchers. They need to be taught a lesson. I really wish that they come up with some immigration reform bill where one of the items is to prevent exploitation of employees hired by these desi firms.
Mine is a different situation, i was with my employer till mid of last year and did not inform him while leaving his company and joined another job (h1 transfer) he is now saying that the vendor did not pay him some money and i have to pay that amount and he is demanding that amount for my W-2.
He also said that he would take legal action if i didnot pay his losses ( i did not sign any document with him other than my h1b papers) no agreements,
I am going to call IRS after feb15, but is he going to go to court?
Please suggest me.
Thanks
Dude, I think you shouldn't worry about this. The contract was between the consulting company and the client. If the client doesn't pay what is your fault ? You don't control the client. I don't think he has any case against you. He might have a case against the client for not paying the dues for services rendered but that is their problem , not yours.
These desi consulting firms are so friggin shortsighted and pennypinchers. They need to be taught a lesson. I really wish that they come up with some immigration reform bill where one of the items is to prevent exploitation of employees hired by these desi firms.
more...
qvadis
12-29 04:03 PM
No one analysed the statue of the language used in 202 5 a.
If the total number of visas available under paragraph (1), (2), (3), (4), or (5).
You might have to define what the word "is" is ;-)
Anyway, that paragraph also states: "If the total number of visas available under paragraph (1), (2), (3), (4), or (5) [...] exceeds the number of qualified immigrants who may otherwise issued such visas,." but then continues on with: "the visas made available under that paragraph shall be issued without regard to the numerical limitation"
One could interpret this distinction such that the actual number of visas available is not necessarily the same number of visas made available, which is fixed to 28.6% + spill-over. It might, as well, comprise only those unused visas that haven't been passed down to a lower category. 203 (b) (2) / (3) and 202(5) seem to compete over the unused numbers. Not sure which one has preference.
This is the very direct, simple interpretation of 202 5 A.
Therefore one cannot (EB3-ROW) interpret, for their convenience.
Well, that's according to your interpretation. You seem to suggest that USCIS disagrees with your interpretation. We probably have to wait for the next immigration statistics to see what rule USCIS has been following.
Thats why I suggest the IV to discuss with experinced attorney and make a enquiry with law makers or DOS, if required. Otherwise (if it is wrong it is a big blow to India and China). We will get only 2800 per year.
I'd hope IV would focus on increasing the number of GCs available to all of us, instead of fighting for allocation. ACT-21 increased the number of H1B visas without increasing the number of GCs.
If the total number of visas available under paragraph (1), (2), (3), (4), or (5).
You might have to define what the word "is" is ;-)
Anyway, that paragraph also states: "If the total number of visas available under paragraph (1), (2), (3), (4), or (5) [...] exceeds the number of qualified immigrants who may otherwise issued such visas,." but then continues on with: "the visas made available under that paragraph shall be issued without regard to the numerical limitation"
One could interpret this distinction such that the actual number of visas available is not necessarily the same number of visas made available, which is fixed to 28.6% + spill-over. It might, as well, comprise only those unused visas that haven't been passed down to a lower category. 203 (b) (2) / (3) and 202(5) seem to compete over the unused numbers. Not sure which one has preference.
This is the very direct, simple interpretation of 202 5 A.
Therefore one cannot (EB3-ROW) interpret, for their convenience.
Well, that's according to your interpretation. You seem to suggest that USCIS disagrees with your interpretation. We probably have to wait for the next immigration statistics to see what rule USCIS has been following.
Thats why I suggest the IV to discuss with experinced attorney and make a enquiry with law makers or DOS, if required. Otherwise (if it is wrong it is a big blow to India and China). We will get only 2800 per year.
I'd hope IV would focus on increasing the number of GCs available to all of us, instead of fighting for allocation. ACT-21 increased the number of H1B visas without increasing the number of GCs.
ndbhatt
05-30 05:55 PM
Done! Voted "yes"
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ramus
05-29 05:16 PM
You too good. I wish everybody does same.
Thank you so much..
You have atleast God to keep faith in. What about non-beleivers like me?
I am just keeping faith IV though.
fyi --
ramus and tikka ,just in case you may jump in, I already sent web faxes and mailed and ...
Thank you so much..
You have atleast God to keep faith in. What about non-beleivers like me?
I am just keeping faith IV though.
fyi --
ramus and tikka ,just in case you may jump in, I already sent web faxes and mailed and ...
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tnite
07-19 11:46 AM
For couple of weeks in 2001, when I was getting H1 transfer, I was without pay. I applied H1 transfer before old H1 expired, but got the receipt notice after few weeks and only after that I started working. Am I out of status ?
For that matter, is it out of status if one gets paid from 2 companies with
2 H1bs ? If one is on bench but getting paid by one company, starts working with 2nd company on new H1b?
2 weeks is not an issue .You can always claim upto maybe a month or 2 as vacation and if your last date of entry is after 2001 , even that doesnt matter
For that matter, is it out of status if one gets paid from 2 companies with
2 H1bs ? If one is on bench but getting paid by one company, starts working with 2nd company on new H1b?
2 weeks is not an issue .You can always claim upto maybe a month or 2 as vacation and if your last date of entry is after 2001 , even that doesnt matter
more...
JakeLeone
07-21 06:57 PM
Hi,
If you check the bright future jobs website, you will not find any reference to such a "Call".
Beware, calling the number might expose your phone number, and you might become a victim.
Please be aware law enforcement has been notified, if anyone encounters any problems as a result, please contact law enforcement.
I hope the deranged person who originally posted the message can receive help soon.
BTW, if "Antis" is your calling card (it's rarely used in reference to those participating in the immigration debate) you might have exposed yourself a little too much.
If you check the bright future jobs website, you will not find any reference to such a "Call".
Beware, calling the number might expose your phone number, and you might become a victim.
Please be aware law enforcement has been notified, if anyone encounters any problems as a result, please contact law enforcement.
I hope the deranged person who originally posted the message can receive help soon.
BTW, if "Antis" is your calling card (it's rarely used in reference to those participating in the immigration debate) you might have exposed yourself a little too much.
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Humhongekamyab
03-03 12:43 PM
Can you guys guess, why isn't there an update on this thread after the visit?
Do you think we will ever see an update from OP?
Hope, all have gone well with this guy and soon will see update on the visit. :)
I hope he was not deported.
Do you think we will ever see an update from OP?
Hope, all have gone well with this guy and soon will see update on the visit. :)
I hope he was not deported.
more...
rb_248
01-04 08:31 AM
A freind of mine came across a gentleman, who is here on work visa and he is facing a unique problem. He is married to two persons and wants to bring his whole family here in the USA. He was looking for answer if he can get both his spouses and kids here on H4 visas. Currently both of them and his kids are in India. Interesting hmmm :D
Just when I thought that we have seen it all........
Just when I thought that we have seen it all........
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number30
04-16 02:31 PM
Hi aroranuj,
US considers 16years of full time or equivalent of full time education as Bachelors degress(12yrs school + 4 yrs college/universit degree). Even Indian Bachelors of 3 yrs(12yrs school + 3 yrs coll/Univ) is not considered to be equivalent of US Bachelors.
From what my attorney told me,
1)16yrs of education(US Bachelors)/Indian 3 yr bachelors & 2/3years of Masters + 5 years experience qualifies for EB2 category.
2)15yrs of education(India Bachelors) + 5 or more years of education qualifies for EB3 cateogry.
3)Not sure of Diploma
You have said you have 3 yrs diploma + 1 yr bachelors, I assume your total years of education is 14 yrs(10 yrs school + 3 years diploma + 1 yr bachelors/coll/Univ). This not even equivalent of Indian bachelors, you can substitute your job experience towards educational years. But I do not know whether that can be done for Diploma.
What I have said is my opinion, personal view, please do not construe this as legal opinion. I suggest you consult a good education evaluation companies like Trustforte, Mulinational Education & Information Services to find whether your case will qualify for EB3.
They do not accept Indian 3 yr bachelors & 2/3years of Masters + 5 years for EB2. This has been discussed lot of times. They expect single 4 year degree.
15yrs of education(India Bachelors) + 5 or more years of education for EB3 is accepted if certain qualifiers are included in the Labor.
Just take care if you are dealing with attorney who saying above thing.
US considers 16years of full time or equivalent of full time education as Bachelors degress(12yrs school + 4 yrs college/universit degree). Even Indian Bachelors of 3 yrs(12yrs school + 3 yrs coll/Univ) is not considered to be equivalent of US Bachelors.
From what my attorney told me,
1)16yrs of education(US Bachelors)/Indian 3 yr bachelors & 2/3years of Masters + 5 years experience qualifies for EB2 category.
2)15yrs of education(India Bachelors) + 5 or more years of education qualifies for EB3 cateogry.
3)Not sure of Diploma
You have said you have 3 yrs diploma + 1 yr bachelors, I assume your total years of education is 14 yrs(10 yrs school + 3 years diploma + 1 yr bachelors/coll/Univ). This not even equivalent of Indian bachelors, you can substitute your job experience towards educational years. But I do not know whether that can be done for Diploma.
What I have said is my opinion, personal view, please do not construe this as legal opinion. I suggest you consult a good education evaluation companies like Trustforte, Mulinational Education & Information Services to find whether your case will qualify for EB3.
They do not accept Indian 3 yr bachelors & 2/3years of Masters + 5 years for EB2. This has been discussed lot of times. They expect single 4 year degree.
15yrs of education(India Bachelors) + 5 or more years of education for EB3 is accepted if certain qualifiers are included in the Labor.
Just take care if you are dealing with attorney who saying above thing.
more...
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Openarms
06-01 01:55 PM
done.
Great site and very useful for all of us.
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sangmami
07-02 03:45 PM
app 5500 dollars plus 10 yrs off my total lifespan thinking about this i guess:(
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icecolor
02-12 07:42 AM
You need to file form 4852. That is super easy and I have filed it once.
There are no problems with that whatsoever.
You employer cannot pull a single hairstring from your head. So do not worry about the legal notice. That is all bull. He is probably worrying day and night about the DOL complaint you made.
What you need to, further, is go to the local IRS office and talk to one of the employee about not getting your W-2. Not providing a W-2 is serious issue.
There are no problems with that whatsoever.
You employer cannot pull a single hairstring from your head. So do not worry about the legal notice. That is all bull. He is probably worrying day and night about the DOL complaint you made.
What you need to, further, is go to the local IRS office and talk to one of the employee about not getting your W-2. Not providing a W-2 is serious issue.
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alex99
05-30 11:44 AM
done
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santa123
12-01 07:39 PM
Thanks Santa for your reply.
I received an RFE. But it was on accreditation of my MBA school. There was no RFE on bachelors degree. My lawyer replied to the RFE on accreditation. In response, there was straight denial without even notice of Intent to deny citing 3 year bachlor degree.
Yes, we submitted education evaluation along with I-140. The evaluation was done by Trustforte. When we received the RFE on accredidation, we sent second evaluation from Trustforte but this time a detailed course by course evaluation of MBA.
In the evaluation that was done, the evaluator equated my Indian MBA with US MBA and there was no mention about bachelors.
Please advice if I need to do something different this time.
Santa, could you please give me the case number of the AAO case handled by Murthy so that I could download the same from the USCIS website.
Here is the link:
http://www.murthy.com/news/n_combdg.html
Why the heck is USCIS bothered about your bachelors when your Labor clearly says Masters required? I think you have a strong case since the RFE did not mention anything about your bachelors. What is your attorney saying? why didnt your ed evaluator mention anything about your bachelors? Will it help if you could evalute your qualifications from another agency, wherein they could prove that you had enough credits and class hours in your bachelors to be equal to US 4 yr courses?
I am sure there are many helpful folks on this forum who could also guide you on your case. They may have had first hand experience in such situations. Do keep us posted.
Good luck!
I received an RFE. But it was on accreditation of my MBA school. There was no RFE on bachelors degree. My lawyer replied to the RFE on accreditation. In response, there was straight denial without even notice of Intent to deny citing 3 year bachlor degree.
Yes, we submitted education evaluation along with I-140. The evaluation was done by Trustforte. When we received the RFE on accredidation, we sent second evaluation from Trustforte but this time a detailed course by course evaluation of MBA.
In the evaluation that was done, the evaluator equated my Indian MBA with US MBA and there was no mention about bachelors.
Please advice if I need to do something different this time.
Santa, could you please give me the case number of the AAO case handled by Murthy so that I could download the same from the USCIS website.
Here is the link:
http://www.murthy.com/news/n_combdg.html
Why the heck is USCIS bothered about your bachelors when your Labor clearly says Masters required? I think you have a strong case since the RFE did not mention anything about your bachelors. What is your attorney saying? why didnt your ed evaluator mention anything about your bachelors? Will it help if you could evalute your qualifications from another agency, wherein they could prove that you had enough credits and class hours in your bachelors to be equal to US 4 yr courses?
I am sure there are many helpful folks on this forum who could also guide you on your case. They may have had first hand experience in such situations. Do keep us posted.
Good luck!
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undertaker
05-15 11:46 AM
While I do not condone all practices of these big companies: coz of them many ppl sitting in India will have a H-1 and may never come here but me and some of my friends who have been working hard as students here (doing B.S. from a very reputed school, that still doesn't help be cap exempt) shall likely be left out.
But, I do see racism in all this H-1B talk, lets face it: these are means to control (mostly) Asian immigration, I'm sure this wouldn't be an issue at all if H-1B was not the 'brown man's' visa to America.
PS: Just my 2 cents, no offense intended to anyone of any color.
But, I do see racism in all this H-1B talk, lets face it: these are means to control (mostly) Asian immigration, I'm sure this wouldn't be an issue at all if H-1B was not the 'brown man's' visa to America.
PS: Just my 2 cents, no offense intended to anyone of any color.
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like_watching_paint_dry
09-19 05:27 PM
Let me explain you in very human form: Baby is the fruit. It takes 9 months to get that fruit. To get that fruit humans put effort ( You know what I mean...). When they put effort, immediately they do not look for baby.. They wait for 9 months.. Correct.. Just apply this analogy to the struggle what we have initiated.:)
:eek: Okay what exactly did you do in DC? ;)
:D
:eek: Okay what exactly did you do in DC? ;)
:D
conundrum
08-22 02:16 PM
Are you referring to an 'Online' degree by any chance?! Please tell me the name of this University where you get a M.S. in 3 semesters...
Thats about 27 credits to get a Masters degree.. insteresting. No wonder they will never pass this bill into law.
The assupmtion of 27 credits is wrong. You could take 4 - 5 courses a sem (about 12 -15hrs, the way undergrads do) and finish the MS from any good school that way in 3 sems if you are really into it.
Thats about 27 credits to get a Masters degree.. insteresting. No wonder they will never pass this bill into law.
The assupmtion of 27 credits is wrong. You could take 4 - 5 courses a sem (about 12 -15hrs, the way undergrads do) and finish the MS from any good school that way in 3 sems if you are really into it.
vasa
07-16 11:41 PM
well then you will always rely on your experience and skills, there is a reason skills are categorized as junior staff and senior admins/developers/mgrs etc.
if u got the skills there's not stopping any one.:)
if u got the skills there's not stopping any one.:)
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