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  • pappu
    03-23 11:45 AM
    How did you verify if the call was really from Immigration services?




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  • GCNaseeb
    08-02 04:00 PM
    Welcome back and Thanks very much for your valuable suggestions.

    I have an important question for you and would request your suggestion:

    Here's my situation: I am working for my current employer from last 6 years. My I-485 has been filed last week through my employer's attorney. My EB3 I-140 approved and I am on 9th year of h1-B. My H1-B expires in January next year. I have 3 other dependants on H4.

    Now my current employer is trying to either fire me off or reduce my work hours to about 8 hrs / week.

    What would be my best option to take decision?

    1. Should I :
    a. Stay home untill the expiry of 6 months and invoke AC21 after that? or
    b. transfer my H1-B to some other employer and start working on H1-B and just wait for 6 months to invoke AC21?

    2. Can my current employer reduce my hours legally? Meaning if they have to alter my H1-B to 8 hrs per week what will happen to my H1-B? Can i still able to transfer my H1-B to new emploer to work for 40Hrs/week if I want to?

    The problem is- if they can't reduce my hours legally, I may be fired. And, if I get fired, they will revoke my H1-B on the same day but won't revoke my I-140 untill 6 months.

    What do you suggest to help both me and my employer?

    Thanks a lot for your valuabale suggestion and helping me out.




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  • hpandey
    09-26 09:59 AM
    All this is going to happen in the very first year itself. Obama has already said CIR would be his priority for his first year. Dick Durbin and Obama will "reform" the EB system exactly the way you described below. In 2008 we have seen some eb friendly bills introduced by lofgren like visa recapture and exemption for STEM. Once Obama becomes president(which is almost a certainty) he will outsource the EB issues to Dick Durbin and he will make sure none of the EB friendly issues like visa recapture and exemption for STEM will happen. In addition obama and durbin will make our lives miserable with draconian restrictions on EB. We are alreday seeing USCIS denying AC21 485 (there is a seperate thread on this). If situation is like this now just imagine how horrible it would be with Obama and durbin.

    Last time the CIR bill died because a lot of people are against granting amnesty to illegal immigrants ( both Republicans and democrats ) . The president alone ( read Obama ) cannot decide that he wants to pass this bill because remember last year Bush was strongly in favour of the CIR bill and even had a conference with Senate leaders to push it through but it failed . The politicians know that the American people don't like the bill but they have to show that they are concerned with solving the illegal immigrant issue. This CIR bill is only a political gimmick. It came into picture because of the upcoming elections and next year I am pretty sure with no more elections the interest would not be that much to get it passed ( although I am sure there will be a lot of people interested in getting it to the House and the Senate ).

    As someone said before if they try to bring some anti - highly skilled workers bill then the big companies are sure to cry out loud ( Microsoft , Cisco , Oracle etc etc ) and the politicians don't listen to us but they will surely listen to them. They have got the clout to get themselves heard.




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  • unitednations
    03-25 12:41 PM
    Thanks for the link. Essentially there are 2 issues here

    1. Proving that Employee - Employer relationship exists between H1 beneficiary and employer. The ability to hire, pay, supervise and fire should be demonstrated.
    In cases where it is denying, USCIS is of opinion that the employer is in contract, manpower agency and their variants.

    This is somewhat analogous to similar test done by IRS to establish emploee-employer relationship in case of independent contractors.

    Not sure if it would make much difference, but if the petition letter demonstrates that the employer has control over the employee required matters, provide equipment (laptop etc) and that employer is primarily not in manpower business, it may fly.

    2. Second issue is about need to bachelors degree and that computer programming is speciality occupation. I think there are clear precedents on this with guidance memos from USCIS agreeing that computer analyst /programmer is indeed a speciality occupation and that bachelors degree is a minimum requirement.

    I am unable to attach actual doc on this message because of size limitations. But here is summary quoting from murthy.com

    "In a December 22, 2000 memorandum from INS Nebraska Service Center (NSC) Director Terry Way to NSC Adjudications Officers, NSC acknowledges the specialized and complex nature of most Computer Programming positions. The memo describes both Computer Programmers and Programmer Analysts as occupations in transition, meaning that the entry requirements have evolved as described in the above paragraph.


    Therefore, NSC will generally consider the position of Computer Programmer to be a specialty occupation. The memo draws a distinction between a position with actual programming duties (programming and analysis, customized design and/or modification of software, resolution of problems) and one that simply involves entering computer code for a non-computer related business.

    The requirements in the OOH have evolved from bachelor's degrees being generally required but 2-year degrees being acceptable; to the current situation with bachelor's degrees again being required, while those with 2-year degrees can qualify only for some lower level jobs."

    Onc; uscis determines that company is an agent then they ignore the part of the petition with the job duties. They pass on the burden of job duties, description, etc to the place where person is going to work. Essentially; they state that since h-1b company is not contolling thei work then they are not in position to state job duties or whether job requires a degree.



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  • purgan
    04-06 11:03 PM
    I don't think this bill is going to go anywhere, atleast in the Senate. Durbin and Grassley have long harbored anti-H1B feelings (Grassley is a restrictionist in general, while Durban is only pro-illegal), so no wonder IEEE and Prog Guild approached them to introduce this bill. The fininshing touch came when 60 engineer-lobbyists from IEEE came to Capitol Hill the week before to influence lawmakers...




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  • chintu25
    08-05 11:55 AM
    I am requesting an amendment to the spelling of "mahaul".
    I think it would sound better if we spelled it as "mahole" :D

    Mohol --> :D



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  • unitednations
    03-24 02:39 PM
    UN - why do you think USCIS allows

    (1) File for h1b from consulting company - when they think there is an issue
    (2) Allow labor substitution - when they think it is not good
    (3) Allow eb3 to eb2 porting - when they think it is not good
    ....
    ....
    ....

    the list can go on

    Why do you think people who are following law - not liked by USCIS?

    I am not blaming USCIS or not poking at them or your interpretation.

    I personally see that if you are not properly represented either by company or my a good Attorney - you are bound to have issues.

    Right now USCIS is giving everyone a hard time.

    I didn't even think that getting rid of labor substitution was a good thing. Much of the issues related to labor substgitution had to do with IT jobs. Although IT jobs take up a good number of greencards; it impacted other companies/people who weren't doing anything wrong with it. It was a first step in making eb harder.

    I am a pretty good advocate of the staffing companies. Kill staffing companies and h-1b and employment base greencard is finished for people from india. I don't think many people realize the implications of what is going on. Staffing companies are the lifeline for employment base IT and for nurses. Thre would be no more retrogressoin as people wouldn't be able to come here. All the people who are here in so called permanent jobs will also eventually get squeezed (laid off; company mergers; promotions; more rules like tarp, etc., and they will eventually also stop doing greencards except for the most senior of senior people).

    People really need to be careful right now.




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  • dealsnet
    01-07 11:16 AM
    Somebody give me idiotic comment in my reference about Sadam. It is true that during the Kuwait invation, Iraqi army is supported by palastine people in kuwait. they also sided with them in lootting the country. After the war Kuwaitis driven out 5 lakh palastines from there. Now not more than 10 thousand palastines in kuwait. So these people are traitors. You can ask anybody worked in Kuwait during that time. As I said before, I have been in Kuwait 10 years ago and talked with many people. So not much sympathy for Palastines from Kuwait. No body like them. So they are making just crocrodile tears for them. No action from Arabs. Only retarded Indian or paki think about them.



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  • hopefulgc
    08-11 04:35 PM
    what a loser a person has to be to give out red dots for jokes.

    i am here to counter the trends of red dots :)

    I also got a red dot for my joke:confused:. Never used any foul language. Comment left was "This type of "blonde jokes" or "sardar jokes" etc are not really suited for a skilled immigrant community forum." I don't understand why do people give Red dots even for jokes. The title of the theread is Ligthen Up.




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  • akkisingh@hotmail.com
    01-06 02:36 PM
    I agree that innocent civilians are getting killed which is very sad. I always had a soft corner for the Plaestinians and was horrified to see the massacre in Jenin some years back. But now Hamas is the legit government in Palestine. They are responsible for their civilians. Hamas cannot fire rockets on another country. Israel in this case is right in acting against Hamas. If Hamas was not in government then it would have been wrong but since they are the govt ,Hamas is responsible for the killings of these civilians.



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  • pd_recapturing
    04-15 02:58 PM
    1. Money cant buy happiness


    A new research:
    http://www.reuters.com/article/domesticNews/idUSN2042446720080320?feedType=RSS&feedName=domesticNews&rpc=22&sp=true




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  • sanju_dba
    06-23 03:29 PM
    As of now Single Family Dwelling &Condos owned by corporate ( like banks , invest companies ) is 3.9%.



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  • brad_sk2
    01-06 02:19 PM
    News media says Palestinians have fired 6000 to 7K rockets into Isreal. But what they show is all Isreal aerial bombardment. Have they ever shown damage caused by Palestinians?

    Yes, they definitely have...Hamas should stop using school kids as human shield before complaining. Heres link for you - http://www.youtube.com/watch?v=elyXQ6g-TJs




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  • ksr
    08-09 07:04 PM
    since u r the primary applicant choose option 1

    Thanks Priti.



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  • satishku_2000
    05-16 05:12 PM
    Both are problems. The misuse of H-1B visa petitions prevent honest people from obtaining such a visa. That is not right. The issue of the illegal immigrants in this country is an ugly one as well. In my personal opinion, I do not believe any talks of amnesty should affect people with green card petitions pending. People given amnesty should go to the very back of the line and pay a serious fine on top of that.


    In earlier posts you were talking about how people have to leave if they can not get their H1 renewed under new law saying some one who cannot find "real job" should leave.

    What kind of real jobs these undocumented people have , that your beloved Senator loves them so much ? Shouldn't they be deported first according to you law and order folks?




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  • seattleGC
    05-16 05:18 PM
    That's called pandering. To unions like IEEE and hispanic vote base. These ppl don't have any interest in America's competitiveness or interests of people at large rather work in the interests of their party and their re-election.

    But I am suprised at the attitudes of some forums members who want to screw the ppl behind us.
    Anyway I agree, we should be worried about delays to i-485 processing if 11 million ppl are added to USCIS queue.


    I know where Senator Durbin stands on illegal immigration issue , he is totally for amnesty/legalization of illegal/undocumented people in the country. According to him its ok if someone is totally undocumented and stays here but its not ok if someone does consulting and documented and pays taxes while working and waiting for the green card to be approved. Isn't it height of hypocrosy?

    Where do people like mbdriver and senthil stand on the issue of legalization/amnesty for illegal/undocumented people in the country? If the legalization were to happen these are the kind of people who complain saying illegal aliens have slowed down our green card petetions. If legalization were to happen processing of every petetion at USCIS will slow down considerably. I will not surprised if 485 takes 4.85 years or 48.5 years or 485 years ...:)

    Which one is a bigger problem 12 to 15 million people totally undocumented or perceived misuse of visa petetions by few bad apples.



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  • xyzgc
    12-17 04:24 PM
    Now you may go and dig out my previous postings too!

    Ah! all these red dots are showered on me by you kinda folks for questioning this type of nonsense!

    Bring it on more (red dots) LOL

    Want to discuss which airlines to boycott?:D...
    There is an IV thread for you!




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  • 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




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  • Macaca
    03-06 09:04 PM
    The Top 200 H-1B Employers Of 2006 (http://www.networkworld.com/community/?q=node/15273) By Brad Reese | Network World, 05/17/2007
    Page 12 & 31 of Driving jobs and Innovation Offshore (http://www.nfap.com/pdf/071206study.pdf) The impact of high-skill Immigration Restrictions on America, National Foundation for American Policy (NFAP) Policy Brief, Dec 2007

    Top 19 Employers of New H-1Bs Petitions Approved in FY 2006

    WIPRO LTD. 3,143
    INFOSYS TECHNOLOGIES LTD. 3,125
    TATA CONSULTANCY SERVICES LTD. 2,754
    SATYAM COMPUTER SERVICES LTD. 1,753
    MICROSOFT CORP. 1,297
    PATNI COMPUTER SYSTEMS INC. 969
    COGNIZANT TECH SOLUTIONS U.S. 863
    I-FLEX SOLUTIONS INC. 695
    HCL AMERICA INC. 652
    LARSEN & TOUBRO INFOTECH LTD. 624
    TECH MAHINDRA AMERICAS INC. 614
    INTEL CORP. 613
    DELOITTE & TOUCHE LLP 545
    ACCENTURE LLP 519
    POLARIS SOFTWARE LAB INDIA LTD. 497
    MPHASIS CORP. 445
    SYNTEL CONSULTING INC. 415
    ERNST & YOUNG LLP 396
    LANCESOFT INC. 394

    Other 88,070 (80.3 percent)
    TOTAL 109,614 (0.07 % of U.S. labor force)
    Source: USCIS
    Explanatory note from USCIS: Employers were identified and counted on the basis of tax ID.
    The number of approved petitions for new workers is not identical with the number of workers on the job because

    workers are occasionally sponsored by more than one employer,
    the job offer may subsequently be withdrawn,
    the job offer may be declined, or
    the worker if residing outside the country, may be denied a visa.

    The total of 109,614 exceeds 65,000 regular plus 20,000 masters caps because it includes petitions for new workers exempted from the caps.
    Fiscal year of petition approval often is earlier than fiscal year of worker start date. For example, about 50,000 H-1B petitions were approved in FY 2006 for a start date in FY 2007. The reason is that many petitions were filed in April beginning of cap season) and May by sponsors for workers beginning their employment in October---two different fiscal years.
    The same phenomenon occurred this year, offsetting last year's effect to an unknown extent, but rendering straight comparisons between petition approvals and employment starts in a fiscal year subject to error and misinterpretation.
    The CIA Fact Book estimates the size of the U.S. labor force in 2006 at 151.4 million.
    The list in the table is for individuals who were hired on an approved H-1B petition for “initial employment” in 2006. Petitions approved for “continuing employment” would include both H-1B renewals by that same employer and individuals who had been working on H-1B status for another employer.

    Pages 11-12

    Critics charge that “most” H-1B visas are used by companies that engage in “outsourcing.” The 10 companies cited in these reports are Infosys Technologies, Wipro Technologies, Cognizant Technology Solutions, Patni Computer Systems, Mphasis, HCL America, Deloitte & Touche, Tata Consultancy Services, Accenture and Satyam Computer Services.

    WIPRO LTD. 3,143
    INFOSYS TECHNOLOGIES LTD. 3,125
    TATA CONSULTANCY SERVICES LTD. 2,754
    SATYAM COMPUTER SERVICES LTD. 1,753
    PATNI COMPUTER SYSTEMS INC. 969
    COGNIZANT TECH SOLUTIONS U.S. 863
    HCL AMERICA INC. 652
    DELOITTE & TOUCHE LLP 545
    ACCENTURE LLP 519
    MPHASIS CORP. 445

    Total 14,768
    The 10 companies cited most by critics used less than 14 percent of new H-1B petitions approved in 2006 for initial employment (new hires who were not in H-1B status for a prior employer), according to USCIS.
    The new H-1B professionals hired in 2006 by these global companies totaled fewer than 15,000, representing less than 4 percent of the approximately 440,000 people employed by these 10 companies worldwide.

    It would be difficult to claim such a small number and proportion of employees are leading to the loss of a large number of American jobs, particularly within the context of a U.S. economy producing employment for over 145 million people. In fact, it is not clear it is leading to the loss of any American jobs.
    The vast majority of H-1B visas go to U.S. high tech companies, financial institutions and U.S. universities.
    Senators Grassley and Durbin wrote a letter to the companies on this list with headquarters in India.

    Crackdown on Indian Outsourcing Firms (http://www.businessweek.com/bwdaily/dnflash/content/may2007/db20070515_218119.htm?chan=search) Two senators are probing how Indian outsourcing firms use U.S. work visas, with an eye on new restrictions by Peter Elstrom | Business Week, May 15, 2007
    Lawmakers ask foreign firms for work visa data (http://immigrationvoice.org/forum/showpost.php?p=63251&postcount=896) By Donna Smith, Reuters, Monday, May 14, 2007
    Senators questioning tech company use of H1-B visa program (http://immigrationvoice.org/forum/showpost.php?p=63122&postcount=892) By Suzanne Gamboa | Associated Press, 05/14/2007




    chintu25
    08-28 09:36 AM
    Parts of the conversetion in Embassy between the Visa Officer and an applicant for a visa:

    O: All your responses must be oral, OK?
    A: OK
    O: What school did you go to?
    A: Oral.
    After a short explaination, the conversation continued:
    O: What is your date of birth?
    A: July fifteenth.
    O: What year?
    A: Every year

    :D




    hiralal
    06-06 10:58 PM
    to buy another house (if it is not distress property / from auction) just to put it on rent is stupidity ..risk is good if it is calculated ..to take foolish risk is foolishness ..anyway that is me. In this Country land is virtually unlimited !!! demand is low (see immigration ..they give majority GC's to people when they are 50 - 60 years old) and those who are young have smaller families because of high cost of living, way of living.
    to buy a house to put it on rent is big loss as there are millions of houses already competing for renters
    ONE more reason for those who are on H1/ EAD is that 90% of then job postings on DICE and other places ask for only citizens or GC holders.



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