msngroups
05-16 01:18 PM
US laws are really sucking. You come here on H1B visa, live here for 8 yrs and still on H1B visa and no Green card. Reason sucking laws that if you change your employers, your Green card processing goes waste every time.
What is use of living in this country legally here for 8 straight yrs and paying all those taxes, spending most of your earnings???? Still worrying if your labor with most recent company would be certified or not???????
The law should be changed. If you live here for 4-5 yrs and pay taxes, one should be eligible for applying for Permanent Residence on their own like many other countries.
Here no freedom for Employees. It is EMPLOYER driven.
What is use of living in this country legally here for 8 straight yrs and paying all those taxes, spending most of your earnings???? Still worrying if your labor with most recent company would be certified or not???????
The law should be changed. If you live here for 4-5 yrs and pay taxes, one should be eligible for applying for Permanent Residence on their own like many other countries.
Here no freedom for Employees. It is EMPLOYER driven.
wallpaper Thomas Paine Common Sense:
sledge_hammer
03-24 02:17 PM
Again, I am not the one you should be asking to define "full-time" and "temp" type jobs. Ask USCIS or DOL or whoever is going to adjudicate your green card.
I am simply saying that if USCIS has made a distinction between perm job and temp job, AND if they feel that consulting job is of temp type, someone along the line has dropped the ball and missed this. They also missed the fact that the employee needs to work at the LCA specified location. They also missed (or circumvented) that benching is not allowed.
You can blame anyone and everyone for it. Maybe the immigration attorneys were the ones that should have warned both the employers and employees that consulting jobs do not fit the H-1B requirement. Maybe USCIS was sleeping all the while and suddenly they decided to start enforcing this. But the fact that they can ALL-OF-A-SUDDEN claim that H-1B visa is for permanent jobs only, AND that employees need to stay in the LCA location means that our lawyers, employers, and employees were incompetent in their judgment and did not do their due diligence to protect against potential audits and queries.
I am telling you the same thing I told the other guy .... you don't need to give me justifications.
Just hope that USCIS will buy your story!
sledge_hammer,
Why don't you define what a "permanent" job is ?
You think FT job is a permanent job and consulting is a temporary job ? I don't think so.
There are consultants working for years in a consulting firm. ( Don't bring H1B into the picture) . There are many FT employees being laid off from companies before contractors are let go. Contractors are temporary from a client's perspective not from the sponsoring employer's perspective.
Try to define a permanent vs temporary job in US without bringing H1B into the picture.
I am simply saying that if USCIS has made a distinction between perm job and temp job, AND if they feel that consulting job is of temp type, someone along the line has dropped the ball and missed this. They also missed the fact that the employee needs to work at the LCA specified location. They also missed (or circumvented) that benching is not allowed.
You can blame anyone and everyone for it. Maybe the immigration attorneys were the ones that should have warned both the employers and employees that consulting jobs do not fit the H-1B requirement. Maybe USCIS was sleeping all the while and suddenly they decided to start enforcing this. But the fact that they can ALL-OF-A-SUDDEN claim that H-1B visa is for permanent jobs only, AND that employees need to stay in the LCA location means that our lawyers, employers, and employees were incompetent in their judgment and did not do their due diligence to protect against potential audits and queries.
I am telling you the same thing I told the other guy .... you don't need to give me justifications.
Just hope that USCIS will buy your story!
sledge_hammer,
Why don't you define what a "permanent" job is ?
You think FT job is a permanent job and consulting is a temporary job ? I don't think so.
There are consultants working for years in a consulting firm. ( Don't bring H1B into the picture) . There are many FT employees being laid off from companies before contractors are let go. Contractors are temporary from a client's perspective not from the sponsoring employer's perspective.
Try to define a permanent vs temporary job in US without bringing H1B into the picture.
nojoke
06-26 04:35 PM
I don't know what else to tell you except what I've already stated. Frankly I am surprised that this debate has gone beyond 1 page. I am tired of beating a dead horse.
If you are renting for 1500/month thats 18,000 a year, or 540,000 in 30 years that you lose with no chance of claiming as a deduction or ever using for anything. Rather than losing that money, why not use it to own the property you are living in?
As a homeowner, you can use that 540,000 to own the home. The interest and property taxes you pay are tax deductible, and the principal means that at the end of the 30 years, the home is yours (20 if your loan is 20 years). Even when you are paying the mortgage, you are saving. You are getting bigger tax returns and you are owning the home that you live in. No amount of rent will guarantee either.
Through a combination of tax deductions, home equity, and property value, I am willing to bet you that I can save the same amount you do by renting, but still be ahead by owning the property I live in in 30 years. Just take a look at any home owner's history and tell me someone who hasn't doubled the value of their home (home only, not including their savings) in the past 30 years or more.
Everyone here that is dead-set on renting, by all means continue to throw your money away. And it REALLY is throwing your money away. How you wish to justify doing so is fine by me as long as you can sleep at night and explain to your family, friends and kids why you chose to rent for 30 or so years.
All your calculations are meaningless if the house price keeps going down 20% like the past few years. We will reach a point where the house price crash stops and starts to stabilize. That point is couple of years away. Until then, we can ignore the rent vs mortgage calculations.
If you are renting for 1500/month thats 18,000 a year, or 540,000 in 30 years that you lose with no chance of claiming as a deduction or ever using for anything. Rather than losing that money, why not use it to own the property you are living in?
As a homeowner, you can use that 540,000 to own the home. The interest and property taxes you pay are tax deductible, and the principal means that at the end of the 30 years, the home is yours (20 if your loan is 20 years). Even when you are paying the mortgage, you are saving. You are getting bigger tax returns and you are owning the home that you live in. No amount of rent will guarantee either.
Through a combination of tax deductions, home equity, and property value, I am willing to bet you that I can save the same amount you do by renting, but still be ahead by owning the property I live in in 30 years. Just take a look at any home owner's history and tell me someone who hasn't doubled the value of their home (home only, not including their savings) in the past 30 years or more.
Everyone here that is dead-set on renting, by all means continue to throw your money away. And it REALLY is throwing your money away. How you wish to justify doing so is fine by me as long as you can sleep at night and explain to your family, friends and kids why you chose to rent for 30 or so years.
All your calculations are meaningless if the house price keeps going down 20% like the past few years. We will reach a point where the house price crash stops and starts to stabilize. That point is couple of years away. Until then, we can ignore the rent vs mortgage calculations.
2011 common sense thomas paine.
nat23
11-15 06:52 AM
Yesterday Lou Dobb said on his show that he wants the borders and ports to be secured first and then talk about illegal immigration.
It seems that he acknowledges that 11 million people will have to be given some sort of visa or they will remain in the country and no one will be able to do anything about it without spending billions of dollars.
Thats an interesting change in his strategy.
It seems that he acknowledges that 11 million people will have to be given some sort of visa or they will remain in the country and no one will be able to do anything about it without spending billions of dollars.
Thats an interesting change in his strategy.
more...
senthil1
05-15 09:11 PM
No this is not correct. If consultancy companies are not there we could find a permanent job. I do not think if H1b is banned for consulting H1b numbers will be reduced so much. H1b rotation will be reduced. But still TCS, Infosys will survive as they have lot of other options like L1 and B1.But US persons will make more money in consulting as there is no restriction for them. So impact is minimal for US companies and also H1B persons. impact will be severe for bodyshoppers. Also current H1b people will not be impacted as most of them will file I 485 as Skil bill be passed. But H1b abuse will be minimised.
If consultant companies are not suppose to body shop most of us will be jobless. Please look back how you came to this country in the past.
Body shopping in not a new concept for H1-B, don't know why they are concered now.
If consultant companies are not suppose to body shop most of us will be jobless. Please look back how you came to this country in the past.
Body shopping in not a new concept for H1-B, don't know why they are concered now.
unitednations
08-08 08:00 PM
Hi Unitednations,
I have a little problem. I am a canadian citizen on H1b and used to commute across the border everyday. I work for Ford and every year during christmas we get a week long vacation. My contracting company does not pay me for the xmas break. So, I filed for unemployment compensation in michigan for that week - reason - temporary layoff (as a Canadian Citizen you can collect unemployment from michigan......thats what my US citizen colleagues do every year........Does this mean I was out of status for that week?....Can this cause my I-485 to get rejected? (I have done it twice in 5 years)
No.
Yeah; you wre out of status for those weeks that you took unemployment.
It shouldn't impact you since, you have been going in and out of the country. (ie., 245k).
It is very dangerous for companies to lay off workers and they take unemployment compensation. This is one of the reasons the mainstream companies don't do h-1b or greencard because there are complexities if people are being laid off and taking unemployment.
Are you still living in Canada. Not much advantage to it anymore. Looks like their prices haven't been adjusted downwards. It's probably more expensive now to live in Windsor/Toronto and to commute on a daily basis to Detroit.
I have a little problem. I am a canadian citizen on H1b and used to commute across the border everyday. I work for Ford and every year during christmas we get a week long vacation. My contracting company does not pay me for the xmas break. So, I filed for unemployment compensation in michigan for that week - reason - temporary layoff (as a Canadian Citizen you can collect unemployment from michigan......thats what my US citizen colleagues do every year........Does this mean I was out of status for that week?....Can this cause my I-485 to get rejected? (I have done it twice in 5 years)
No.
Yeah; you wre out of status for those weeks that you took unemployment.
It shouldn't impact you since, you have been going in and out of the country. (ie., 245k).
It is very dangerous for companies to lay off workers and they take unemployment compensation. This is one of the reasons the mainstream companies don't do h-1b or greencard because there are complexities if people are being laid off and taking unemployment.
Are you still living in Canada. Not much advantage to it anymore. Looks like their prices haven't been adjusted downwards. It's probably more expensive now to live in Windsor/Toronto and to commute on a daily basis to Detroit.
more...
Gravitation
03-25 01:25 PM
Good Points. I like discussing real-estate; I'm deeply interested in it. So in that spirit of having a good conversation, here's my response:
I completely agree that buying a house is a long term move. But I disagree with some of the points:
1. Does rent always go up? No, my rent did not go up at all during the real estate boom as the number of ppl renting was low. Recently my rent has gone up only $75 pm. (love rent control!!!) So in 5 years, my monthly rent has gone up a total of $125 per month
Real Estate market is always local. Unlike the market for -let's say- rice, which can be transported from one place where it's abundant to where it's scarce easily. Real Estate remains where it is. It's also subjected to a lot of local laws, municipal regulations etc. So, any discussion we have here will NOT apply to every single location. You have to research your own local regulations/market etc.
If you have rent control, it significantly changes the picture. It usually doesn't make sense to buy if you have rent control.
2. I hear about tax rebate for homeowners. But what about property tax?
Yep, you pay it when you own a house. And yes, you pay it when you rent (it's rolled into your rent). The difference is that when you own, it's tax-deductible; if you pay it as part of your rent, it's not.
3. What about mortgage insurance payments?
You don't pay PMI, if you put down 20%. Not a bad idea to save that much. It forces one to learn financial planning and forward thinking.
It is a misconception that 5-10 years is the cycle for real estate.
Here's how in a sane real estate market the cycle should work:
No population influx in your area or there is no exodus from your area:
Your real estate ownership should be 25 years because that's when the next generation is ready to buy houses.
However, in places like SF Bay Area/new York/Boston where there is continuous influx of young working ppl this cycle can be reduced to 15-20 years.
Over the last few years, nobody thought of longevity required to make money in RE. Now that it is tanking ppl are talking about 5-10 years. Unless you are buying in a booming place, your ownership has to be 15+ years to turn a real profit.
Profit/Loss is not what the primary residence is for.
This is purely the financial aspect of ownership. If you have a family I think its really nice to have a house but you don't have to really take on the liability. You can rent the same house for much less. But if you are clear in your mind that no matter what I am going to live in XYZ town/city for the next 20 years, go for it.
You can rent for less, now, but how about later? You're assuming rents don't go up, but they do. One of my neighbors pays $250 per month in loan payment for a house he bought 20 years ago (property tax and insurance adds $550 more). It was a big payment then. Now it's almost live living for free. If he rented this he'd by paying $2500 at least. Again, if you don't plan to settle down, don't buy. But owning your primary residence is the first step towards prosperity.
As a sidenote for Indians. We all have either aging or soon to start aging parents. The way I see it, caring for aging parents is a social debt that we must pay back. This will need me to go back to India. Therefore, if you feel you need to care for your parents, don't commit to a house.
Yes, if you're planning to go back... don't buy.
I completely agree that buying a house is a long term move. But I disagree with some of the points:
1. Does rent always go up? No, my rent did not go up at all during the real estate boom as the number of ppl renting was low. Recently my rent has gone up only $75 pm. (love rent control!!!) So in 5 years, my monthly rent has gone up a total of $125 per month
Real Estate market is always local. Unlike the market for -let's say- rice, which can be transported from one place where it's abundant to where it's scarce easily. Real Estate remains where it is. It's also subjected to a lot of local laws, municipal regulations etc. So, any discussion we have here will NOT apply to every single location. You have to research your own local regulations/market etc.
If you have rent control, it significantly changes the picture. It usually doesn't make sense to buy if you have rent control.
2. I hear about tax rebate for homeowners. But what about property tax?
Yep, you pay it when you own a house. And yes, you pay it when you rent (it's rolled into your rent). The difference is that when you own, it's tax-deductible; if you pay it as part of your rent, it's not.
3. What about mortgage insurance payments?
You don't pay PMI, if you put down 20%. Not a bad idea to save that much. It forces one to learn financial planning and forward thinking.
It is a misconception that 5-10 years is the cycle for real estate.
Here's how in a sane real estate market the cycle should work:
No population influx in your area or there is no exodus from your area:
Your real estate ownership should be 25 years because that's when the next generation is ready to buy houses.
However, in places like SF Bay Area/new York/Boston where there is continuous influx of young working ppl this cycle can be reduced to 15-20 years.
Over the last few years, nobody thought of longevity required to make money in RE. Now that it is tanking ppl are talking about 5-10 years. Unless you are buying in a booming place, your ownership has to be 15+ years to turn a real profit.
Profit/Loss is not what the primary residence is for.
This is purely the financial aspect of ownership. If you have a family I think its really nice to have a house but you don't have to really take on the liability. You can rent the same house for much less. But if you are clear in your mind that no matter what I am going to live in XYZ town/city for the next 20 years, go for it.
You can rent for less, now, but how about later? You're assuming rents don't go up, but they do. One of my neighbors pays $250 per month in loan payment for a house he bought 20 years ago (property tax and insurance adds $550 more). It was a big payment then. Now it's almost live living for free. If he rented this he'd by paying $2500 at least. Again, if you don't plan to settle down, don't buy. But owning your primary residence is the first step towards prosperity.
As a sidenote for Indians. We all have either aging or soon to start aging parents. The way I see it, caring for aging parents is a social debt that we must pay back. This will need me to go back to India. Therefore, if you feel you need to care for your parents, don't commit to a house.
Yes, if you're planning to go back... don't buy.
2010 In this photo: Thomas Paine
Macaca
09-29 04:06 PM
A Day in the Life: Restaurateurs Hit the Hill (http://rollcall.com/issues/53_34/news/20220-1.html) By Anna Palmer | ROLL CALL, September 27, 2007
Like hundreds of Washington, D.C., trade associations that shuttle their members to town every year for a bit of precious face time with lawmakers and staff, the National Restaurant Association has its once-a-year shot at putting a live face on its most pressing concerns.
On Wednesday, the NRA was ready. Its 700 delegates, who had spent the day before at the Grand Hyatt prepping their talking points, fanned out over the Capitol for 332 meetings, including some 284 lawmakers.
That may seem like an extraordinary show of force. But restaurant owners, like real estate agents and bankers and even florists, all share something in common: a powerful membership presence in every Congressional district.
Still, the results of the day, like many constituent experiences, were decidedly mixed, as the restaurateurs touched on some of Congress' most sensitive subjects: comprehensive immigration reform, food safety and lowering the number of years it takes to depreciate their buildings.
Members arrived by state associations and tended to concentrate on their state delegations.
For the Pennsylvania group, 8 a.m. Wednesday was go time. With 20 restaurateurs swarming the Capitol, they were meeting once again with Sen. Arlen Specter (R-Pa.), whom they see as an ally on immigration reform, and freshman Sen. Bob Casey (D-Pa.), a first for many of them. That's in addition to 14 of the 19 Members of the Pennsylvania Congressional delegation.
Arming themselves with the facts that restaurants are the second-largest private-sector employer, the 2,100-member association wanted answers, mainly about immigration and what Congress is going to do.
As the lobbyists mingled outside Casey's office, for many it was a time to reacquaint themselves with old friends and competitors. Most were loose; they weren't novices on Capitol Hill. They've been here before and were ready to get right to the point.
Led by state President James Flanigan, an intense, impeccably dressed man who has spent his entire career in the food service industry, the group was realistic about their role in national politics.
"The NRA is like the NFL. [The state restaurant associations] are all the backups of the NFL," said Joseph DiSalvo, owner of DiSalvo's Station Restaurant and incoming president of the state association, as they waited in the hallway to meet with Casey.
But while lobbying here is important, the Pennsylvania association, which is headquartered in in the state capital, Harrisburg, sees its role as more intimately involved in state-level politicking than federal.
"Our mission is Harrisburg," said Flanigan. "They can do a lot more damage to us."
Currently, for example, the city of Philadelphia is deciding whether to require trans-fat labeling on menus, which Flanigan describes as "feel-good legislation" that doesn't really work, and Allegheny County, which includes Pittsburgh, which is considering a 10 percent drink tax.
"More and more issues are driven down from the federal to the state and now the local level" Patrick Conway, the state association's top staffer, said.
The group also is dealing with a proposed statewide smoking ban, which it favors. But, the restaurant industry hit a roadblock earlier this year after the tavern association and casinos lobbied heavily for exemptions.
"My own opinion is I hate the government telling me what to do," said Flanigan, of the smoking ban. "But exemptions put us at a competitive disadvantage. It's the old story of leveling the playing field."
After filing into the office adjacent to Casey's main entrance in the Russell building, the group settled in around a long boardroom table, with others perched around the walls.
But there's no Casey. Instead, the lobbyists had to make due with a staffer who works on many of the issues, including immigration reform.
The group has been prepped by lobbyists from the D.C. office of the National Restaurant Association to stay on their talking points: immigration reform, food safety and the restaurant depreciation tax.
"For immigration the primary goal is to express our frustration with the inability of Congress to tackle this obviously significant issue," said Brendan Flanagan, the NRA's vice president of federal relations, in an interview.
Bill Baker, an NRA board member and Pennsylvania restaurateur, led off the discussion, pointing to how comprehensive immigration reform is important not only to their bottom line, but also in making sure employers are on the right side of the law.
He followed up with horror stories of under-staffed restaurants that can only seat half the restaurant because there aren't enough workers.
Baker's frustration is echoed by fellow association members, including Michael Passalacqua, former state association president and owner of Angelo's Italian restaurant in Washington, Pa.
"We are not document experts," Passalacqua said. "The only way the restaurant industry is going to be staffed is a matter of stealing each other's employees."
With just minutes left before the staffer had to exit for another meeting, the delegates had little time to address food safety and depreciation.
As the lobbyists left Casey's office, many are frustrated about not getting more specific answers about when immigration reform is going to happen. But, they held out hope for Specter, whom they see as a real advocate on immigration reform.
After trucking to the Hart Senate Office Building, the delegation was led into Specter's office for the much-anticipated meeting. For many of the delegates who have been attending the national conference for many years, it wasn't the first time they've met with the Senator.
Less than 10 minutes after Specter joined them, they exited the meeting and frustration from some of the members mounted.
Even Conway, the state association chief executive who so far has kept a stiff upper lip all morning helping coordinate the delegates and keep everyone on message, diplomatically explained that Specter "didn't have much time."
But with the meeting so short, and no one from the delegation given the opportunity to ask a single question, others are slightly more frazzled.
"The time frame was just so small, we couldn't get any information. I'm disappointed because I had a lot questions. There's no time with only 10 minutes," Passalacqua said.
Like hundreds of Washington, D.C., trade associations that shuttle their members to town every year for a bit of precious face time with lawmakers and staff, the National Restaurant Association has its once-a-year shot at putting a live face on its most pressing concerns.
On Wednesday, the NRA was ready. Its 700 delegates, who had spent the day before at the Grand Hyatt prepping their talking points, fanned out over the Capitol for 332 meetings, including some 284 lawmakers.
That may seem like an extraordinary show of force. But restaurant owners, like real estate agents and bankers and even florists, all share something in common: a powerful membership presence in every Congressional district.
Still, the results of the day, like many constituent experiences, were decidedly mixed, as the restaurateurs touched on some of Congress' most sensitive subjects: comprehensive immigration reform, food safety and lowering the number of years it takes to depreciate their buildings.
Members arrived by state associations and tended to concentrate on their state delegations.
For the Pennsylvania group, 8 a.m. Wednesday was go time. With 20 restaurateurs swarming the Capitol, they were meeting once again with Sen. Arlen Specter (R-Pa.), whom they see as an ally on immigration reform, and freshman Sen. Bob Casey (D-Pa.), a first for many of them. That's in addition to 14 of the 19 Members of the Pennsylvania Congressional delegation.
Arming themselves with the facts that restaurants are the second-largest private-sector employer, the 2,100-member association wanted answers, mainly about immigration and what Congress is going to do.
As the lobbyists mingled outside Casey's office, for many it was a time to reacquaint themselves with old friends and competitors. Most were loose; they weren't novices on Capitol Hill. They've been here before and were ready to get right to the point.
Led by state President James Flanigan, an intense, impeccably dressed man who has spent his entire career in the food service industry, the group was realistic about their role in national politics.
"The NRA is like the NFL. [The state restaurant associations] are all the backups of the NFL," said Joseph DiSalvo, owner of DiSalvo's Station Restaurant and incoming president of the state association, as they waited in the hallway to meet with Casey.
But while lobbying here is important, the Pennsylvania association, which is headquartered in in the state capital, Harrisburg, sees its role as more intimately involved in state-level politicking than federal.
"Our mission is Harrisburg," said Flanigan. "They can do a lot more damage to us."
Currently, for example, the city of Philadelphia is deciding whether to require trans-fat labeling on menus, which Flanigan describes as "feel-good legislation" that doesn't really work, and Allegheny County, which includes Pittsburgh, which is considering a 10 percent drink tax.
"More and more issues are driven down from the federal to the state and now the local level" Patrick Conway, the state association's top staffer, said.
The group also is dealing with a proposed statewide smoking ban, which it favors. But, the restaurant industry hit a roadblock earlier this year after the tavern association and casinos lobbied heavily for exemptions.
"My own opinion is I hate the government telling me what to do," said Flanigan, of the smoking ban. "But exemptions put us at a competitive disadvantage. It's the old story of leveling the playing field."
After filing into the office adjacent to Casey's main entrance in the Russell building, the group settled in around a long boardroom table, with others perched around the walls.
But there's no Casey. Instead, the lobbyists had to make due with a staffer who works on many of the issues, including immigration reform.
The group has been prepped by lobbyists from the D.C. office of the National Restaurant Association to stay on their talking points: immigration reform, food safety and the restaurant depreciation tax.
"For immigration the primary goal is to express our frustration with the inability of Congress to tackle this obviously significant issue," said Brendan Flanagan, the NRA's vice president of federal relations, in an interview.
Bill Baker, an NRA board member and Pennsylvania restaurateur, led off the discussion, pointing to how comprehensive immigration reform is important not only to their bottom line, but also in making sure employers are on the right side of the law.
He followed up with horror stories of under-staffed restaurants that can only seat half the restaurant because there aren't enough workers.
Baker's frustration is echoed by fellow association members, including Michael Passalacqua, former state association president and owner of Angelo's Italian restaurant in Washington, Pa.
"We are not document experts," Passalacqua said. "The only way the restaurant industry is going to be staffed is a matter of stealing each other's employees."
With just minutes left before the staffer had to exit for another meeting, the delegates had little time to address food safety and depreciation.
As the lobbyists left Casey's office, many are frustrated about not getting more specific answers about when immigration reform is going to happen. But, they held out hope for Specter, whom they see as a real advocate on immigration reform.
After trucking to the Hart Senate Office Building, the delegation was led into Specter's office for the much-anticipated meeting. For many of the delegates who have been attending the national conference for many years, it wasn't the first time they've met with the Senator.
Less than 10 minutes after Specter joined them, they exited the meeting and frustration from some of the members mounted.
Even Conway, the state association chief executive who so far has kept a stiff upper lip all morning helping coordinate the delegates and keep everyone on message, diplomatically explained that Specter "didn't have much time."
But with the meeting so short, and no one from the delegation given the opportunity to ask a single question, others are slightly more frazzled.
"The time frame was just so small, we couldn't get any information. I'm disappointed because I had a lot questions. There's no time with only 10 minutes," Passalacqua said.
more...
SunnySurya
08-05 01:45 PM
Why, what is difference? Why was labor substitution bad. It was perfectly legal after all.
You can't generalize everything. Do you care to show how this is as bad as labor substitution ?
How about comparing the actual job duties of all EB2s and EB3s . Not just what their lawyer says ?
You can't generalize everything. Do you care to show how this is as bad as labor substitution ?
How about comparing the actual job duties of all EB2s and EB3s . Not just what their lawyer says ?
hair Abb.: Thomas Paine
delax
07-13 09:48 PM
[QUOTE=kutra;262395]Disclaimer: I am an EB3-Indian with a PD of Oct 2003.
Delax: I agree entirely with what you are saying. Your arguments are 100% valid. The part that I don't get is why are you trying so desperately hard to convince EB3-Indians that their letter campaign lacks merit?
I am not trying to convince anybody about the merits. The original post asked for comments which I offered. PL read this post of mine
http://immigrationvoice.org/forum/showthread.php?p=262198#post262198
I am not at all surprised at the 'backlash'.
I appreciate your input and candor
Delax: I agree entirely with what you are saying. Your arguments are 100% valid. The part that I don't get is why are you trying so desperately hard to convince EB3-Indians that their letter campaign lacks merit?
I am not trying to convince anybody about the merits. The original post asked for comments which I offered. PL read this post of mine
http://immigrationvoice.org/forum/showthread.php?p=262198#post262198
I am not at all surprised at the 'backlash'.
I appreciate your input and candor
more...
Marphad
03-26 05:31 PM
Does this mean that H1B is also location specific?
I tried looking for the baltimore case but I don't have it on this computer. You might want to search for it on immigration.com.
That case had a lot more things in it.
1) person never worked at the location as specified by the greencard labor
2) person acknowledged he wasn't going to work there upon greencard approval
3) person was claiming ac21 within same employer for different location
Administrative appeals office; concurred that ac21 wasn't specific to geographic location and didn't have to be done with another company; it could be done within same company.
Then AAO went another way and picked on some other issues: Other issues they picked on was information on his g-325a and his work locations. They picked onthat he didn't have h-1b's approved for those particular locations or LCA's and he was out of status. he was good on the ac21 but was out of status prior to filing 485.
I tried looking for the baltimore case but I don't have it on this computer. You might want to search for it on immigration.com.
That case had a lot more things in it.
1) person never worked at the location as specified by the greencard labor
2) person acknowledged he wasn't going to work there upon greencard approval
3) person was claiming ac21 within same employer for different location
Administrative appeals office; concurred that ac21 wasn't specific to geographic location and didn't have to be done with another company; it could be done within same company.
Then AAO went another way and picked on some other issues: Other issues they picked on was information on his g-325a and his work locations. They picked onthat he didn't have h-1b's approved for those particular locations or LCA's and he was out of status. he was good on the ac21 but was out of status prior to filing 485.
hot Common Sense by Thomas Paine
rkadayam2
07-14 02:56 PM
Maybe I should not say "high" paid but rather above average but once I get my GC I can really start to stretch my legs, think about starting a company or seek a much higher paying job or go freelance.
But for that day will have to wait until my LC gets approved and then 140 and 485, etc so safe to say I have a long way to go.
I may be better paid than the average american or even a skilled immigrant neverthless I'm still a slave who will have to stay confined with this one measly job for the last 5 years and put up with the whims of my management.
I'm not dreaming of settling down in this country forever or becoming a citizen but I just need a valid status that will allow me to pursue a fruitful career. BCIS needs to re-think the H1B programme because there are lot of people who do not want to become citizens but just remain legal residents without a time limit. So long as we are able to stay employed and contributing tax dollars why try to kick us out.
But for that day will have to wait until my LC gets approved and then 140 and 485, etc so safe to say I have a long way to go.
I may be better paid than the average american or even a skilled immigrant neverthless I'm still a slave who will have to stay confined with this one measly job for the last 5 years and put up with the whims of my management.
I'm not dreaming of settling down in this country forever or becoming a citizen but I just need a valid status that will allow me to pursue a fruitful career. BCIS needs to re-think the H1B programme because there are lot of people who do not want to become citizens but just remain legal residents without a time limit. So long as we are able to stay employed and contributing tax dollars why try to kick us out.
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house Common Sense. Thomas Paine is
StuckInTheMuck
08-06 03:24 PM
haha haha..man, cant let this thread disappear!
bump bump!
\/\/ dump dump \/\/
bump bump!
\/\/ dump dump \/\/
tattoo Thomas Paine poster, Thomas
h1techSlave
12-26 01:38 PM
A full fledged war between India and Pakistan is very very unlikely.
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pictures Anniversary of Common Sense by
sledge_hammer
03-24 07:54 AM
Thanks for your insight. Its about time most of us here understand not to take immigration rules lightly, and I've been preaching this for the longest time already!
People here had their own justification about "consulting". Well, this is what they get for exploiting loopholes.
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.
People here had their own justification about "consulting". Well, this is what they get for exploiting loopholes.
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.
dresses The Elementary Common Sense of
lfwf
08-05 07:03 PM
I have seen you post before, and with this post you lost some of my respect. You need to be rational and coherent if you want to debate the issue. Not emotional and silly.
Come on!, give me a break. You guys are now worried that EB3 will spoil your (what I still consider, ill gotten) party by PD porting. You now come up with arguments about what is EB2.
If EB2 is ill gotten, so is EB3. Lets all go home? Personally I am not in IT so if all IT is so fraudulent, I'm happy to see you all leave and finally get my GC :-)
First argument: "EB2 requires advanced degree"
If that is the case, there is no one who is eligible for Eb2, as "Advanced degrees" is not a degree that is offered by any university in US. Mostly the ones I know offer, Masters and PHD and likes. No one says I am offering "advanced degree". ;)
Further more, advanced degree is subjective. Bachelors is advanced compared to Diploma, which is advanced compared to 10th passed, which is advanced compared someone who failed 10th.
This is the stupidest argument I have ever heard. In the US the Bachelors degree is the considered the basic or primary degree for thsoe that attend regular college. Anything above that is treated as "advanced". This rgument makes you truly truly look quite farcical.
Second: It is not fair to allow EB3s to port.
It is in the law. that part is not grounds for a lawsuit. If you still want to complain, then complain about the fact that AC21 allows you to jump jobs without even getting your GC.
The law allows porting. the difinition of "equivelant' in work experience comes from a regulation/memo. Do some reasrch before posting.
Third (these are my own points)
When people got their F1, they said there are here without immigrant intention. Why is USCIS giving them H1 and then also accepting GCs for them. Come to think of it, OPT is not required by any university for granting the degree, so why are F1s even allowed to work??
Are you drunk today? When you get an F1 you have "non immigrant intent". the law recognizes that you can "change intent". If you tried getting an H1 or GC within 6 mnths of entering on a F1, USCIS would create a huge problem for you. This is also the basis for the ability to chnage jobs after a GC. that you can change your "intent" after a reasonable time. otherwise the Gc would be worthless.
The point I am trying to make is that if you try to open one can of worms, everyone else has a Costo or a Sams club to go to and buy a boat load of cans of worms to open - that is going to put you in a bad situation.
I have no cans of worms. I have "very advanced" degress and a job that no bachelors could ever do, even with 100 years experience - and that is by law.
So I don't care for such arguments. You sound very scared on the other hand. What are you hiding?
If I read correctly, every EB3 here thinks that most EB2 is fraud. Sounds like Numbers USA and PG talk to me. I'd like to remind you that thsoe folks whose language you are now talking, are even more opposed to EB3. take some time and read what they have to say about EB3 in the context of "best and brightest". I suggest seriously thinking before posting.
Come on!, give me a break. You guys are now worried that EB3 will spoil your (what I still consider, ill gotten) party by PD porting. You now come up with arguments about what is EB2.
If EB2 is ill gotten, so is EB3. Lets all go home? Personally I am not in IT so if all IT is so fraudulent, I'm happy to see you all leave and finally get my GC :-)
First argument: "EB2 requires advanced degree"
If that is the case, there is no one who is eligible for Eb2, as "Advanced degrees" is not a degree that is offered by any university in US. Mostly the ones I know offer, Masters and PHD and likes. No one says I am offering "advanced degree". ;)
Further more, advanced degree is subjective. Bachelors is advanced compared to Diploma, which is advanced compared to 10th passed, which is advanced compared someone who failed 10th.
This is the stupidest argument I have ever heard. In the US the Bachelors degree is the considered the basic or primary degree for thsoe that attend regular college. Anything above that is treated as "advanced". This rgument makes you truly truly look quite farcical.
Second: It is not fair to allow EB3s to port.
It is in the law. that part is not grounds for a lawsuit. If you still want to complain, then complain about the fact that AC21 allows you to jump jobs without even getting your GC.
The law allows porting. the difinition of "equivelant' in work experience comes from a regulation/memo. Do some reasrch before posting.
Third (these are my own points)
When people got their F1, they said there are here without immigrant intention. Why is USCIS giving them H1 and then also accepting GCs for them. Come to think of it, OPT is not required by any university for granting the degree, so why are F1s even allowed to work??
Are you drunk today? When you get an F1 you have "non immigrant intent". the law recognizes that you can "change intent". If you tried getting an H1 or GC within 6 mnths of entering on a F1, USCIS would create a huge problem for you. This is also the basis for the ability to chnage jobs after a GC. that you can change your "intent" after a reasonable time. otherwise the Gc would be worthless.
The point I am trying to make is that if you try to open one can of worms, everyone else has a Costo or a Sams club to go to and buy a boat load of cans of worms to open - that is going to put you in a bad situation.
I have no cans of worms. I have "very advanced" degress and a job that no bachelors could ever do, even with 100 years experience - and that is by law.
So I don't care for such arguments. You sound very scared on the other hand. What are you hiding?
If I read correctly, every EB3 here thinks that most EB2 is fraud. Sounds like Numbers USA and PG talk to me. I'd like to remind you that thsoe folks whose language you are now talking, are even more opposed to EB3. take some time and read what they have to say about EB3 in the context of "best and brightest". I suggest seriously thinking before posting.
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makeup Common Sense by Thomas Paine
redgreen
08-05 10:03 AM
Many are supporting 'porting'. Then why are they opposing 'substitution'??
The original poster never said that an EB3 should not apply for EB2. But after a few years when they can apply in EB2 they should not be considered they were already in EB2 all those years! There is no logic in it. I understand the frustration of everybody who is waiting for GC for several years. But laws should be based on some logic. Consider people who didn't apply for GC for years even though they were eligible! Are you people saying that they should get priority over people who applied??
The original poster never said that an EB3 should not apply for EB2. But after a few years when they can apply in EB2 they should not be considered they were already in EB2 all those years! There is no logic in it. I understand the frustration of everybody who is waiting for GC for several years. But laws should be based on some logic. Consider people who didn't apply for GC for years even though they were eligible! Are you people saying that they should get priority over people who applied??
girlfriend Thomas Paine- Bob Basso-
shensh
04-09 01:33 PM
Chill out pal, please don't exaggerate how much people value academic degrees in real business world. Holding a Ms or PhD degree alone doesn't necessarily mean you're an asset to this country, nor to a particular employer. I have Ms degree from US institution and I don't think it matters much to my employer, everything is based on performance.
I agree that H1-B visa should be granted to people who fill a real business need, not those who are unfortunately treated as unlimited supply for body-shoppers making their fortune selling hours of H1-Bs. In this perspective, the idea of restricting companies with 50+% H1-Bs is brilliant. I wouldn't worry about management consulting firms like BCG or McKinsey, I bet they don't have half of their consultants under H1-b. :-)
Quote:
pete
--------------------------------------------------------------------------------
EVERYBODY wants those doing Ms and PhD in certain disciplines to stay. They do no harm AT ALL and actually are an asset.
Consultants need to be curtailed.
I agree that H1-B visa should be granted to people who fill a real business need, not those who are unfortunately treated as unlimited supply for body-shoppers making their fortune selling hours of H1-Bs. In this perspective, the idea of restricting companies with 50+% H1-Bs is brilliant. I wouldn't worry about management consulting firms like BCG or McKinsey, I bet they don't have half of their consultants under H1-b. :-)
Quote:
pete
--------------------------------------------------------------------------------
EVERYBODY wants those doing Ms and PhD in certain disciplines to stay. They do no harm AT ALL and actually are an asset.
Consultants need to be curtailed.
hairstyles 46 Pages: Thomas Paine, Common
dtekkedil
10-02 10:46 PM
I have always been a supporter of Democrats. Because I believe in their philosophy. If I were a citizen, I probably would have even joined the Democratic party.
However, the past two years have opened my eyes - There is one major difference between the Republicans and Democrats. Republicans are bullies and manage to get away with anything because they stand together. Where as Democrats can't even collectively make a decision on what color shoes to wear - every Democrat has a personal agenda that is more important to them than the good of the country or even the party.
I truly believe that George W Bush did not win the first election and he did not win the second one either... the Democrats lost it!
The Republicans may put the wealthy and big corporations ahead of us common folks but they can achieve more than the Democrats and perhaps some of that may trickle down to the rest of us. The Democrats on the other hand will be busy squabbling and nothing will get done.
So, even if Obama wants to fix immigration or be sympathetic to our cause, there will definitely be others like Sen. Durbin who will attempt to stop him. In the end, four years down the line, we will be hoping for the next President to help our cause.
I have been in this country for over 10 years and I am still waiting for a Green Card. I love this country and there is no other place on Earth that I want to settle down. However, there comes a point when I have to ask myself if this wait in limbo is worth it.
Is all this really worth it? Not being able to settle down; not being able to make plans for the future. Worrying everyday if the company that I work for will have a bad quarter and have to let me go? Worrying about when I will have to pack up my things from this country and start fresh in some other place? Will I have to live with all this stress for another five or six years only to be told that my Green Card cannot be approved? Where will I go? Can I go back to India? Will I be able to cope with the culture there anymore? Can it be my HOME anymore?
I am sure the same thoughts have gone through many of your minds.
I have always believed that I should be more than what I am. How can I do that when I can't even be what I am. There are so many things I want to do. I am a man of science and I have ideas that could probably change the world tomorrow. But I can't even do my PhD. It is not because I am not smart enough, it is because I have started my Green card process and I cant go back to being a full time student because I need an F-1 visa... which I am not eligible for because I have started my Green card process!
What I am trying to say is that we are paying too high a price for a Green Card, there is only one life, it is short and you don't get second chances. So, for those who have just started this Green Card process, my advice to you is; Don't let the Green Card carrot steal your life away from you. You still haven't invested many years of your lives, cut your losses and run!
The last time I came back from India, the first and overwhelming thought I had when I stepped out of the airplane was "I'm Home!". That is when I realized that I am not an Indian anymore, I am an American; at least in my mind! But I cannot let my life pass me by while I wait for a Green Card; not anymore! I am in the process of applying for an Australian PR and will also be applying for a Canadian PR. It is not that I do not want to live in the US anymore - it is just that I cant afford to live here much longer in this situation. The emotional and physical cost is far too high. America has become my home but living here is costing me my life.
Sorry for rambling on... but my point is that while my heart wants Obama to win (I truly believe he will make a GREAT president) my head tells me that McCain should win. Because, the chances of our issues being solved or even for the good of this country, it is better to have a Republican President and a Republican congress!
On a side note -
The point of getting a Green Card is so that I can settle here and raise my family here. But really, is there a future here anymore? Social Security will be non-existent by the time I retire, medical insurance is probably the biggest scam ever, and all jobs will be outsourced to other countries soon. So, will the US remain such a great country 40 years down the line?
A country can remain great only if men with vision guide it. Over 50 years ago President Eisenhower and his colleagues had the vision to implement the Interstate system. They saw what things will be like 40 - 50 years down the line and prepared for it. Today, the politicians in Washington just think about the next election and that is where the downfall of America begins. It is not Bin Laden who can destroy America, it is leaders without vision or love for the country; Leaders who worry more about elections than making the tough but correct decisions.
Be it Obama or McCain, this country is unfortunately in a situation where the next President will make or break America. I hope it is the former from the bottom of my heart.
I came to this country because it meant life, liberty and pursuit of happiness. But today, I realize that I have given up my life, liberty and happiness in pursuit of a Green Card.
However, the past two years have opened my eyes - There is one major difference between the Republicans and Democrats. Republicans are bullies and manage to get away with anything because they stand together. Where as Democrats can't even collectively make a decision on what color shoes to wear - every Democrat has a personal agenda that is more important to them than the good of the country or even the party.
I truly believe that George W Bush did not win the first election and he did not win the second one either... the Democrats lost it!
The Republicans may put the wealthy and big corporations ahead of us common folks but they can achieve more than the Democrats and perhaps some of that may trickle down to the rest of us. The Democrats on the other hand will be busy squabbling and nothing will get done.
So, even if Obama wants to fix immigration or be sympathetic to our cause, there will definitely be others like Sen. Durbin who will attempt to stop him. In the end, four years down the line, we will be hoping for the next President to help our cause.
I have been in this country for over 10 years and I am still waiting for a Green Card. I love this country and there is no other place on Earth that I want to settle down. However, there comes a point when I have to ask myself if this wait in limbo is worth it.
Is all this really worth it? Not being able to settle down; not being able to make plans for the future. Worrying everyday if the company that I work for will have a bad quarter and have to let me go? Worrying about when I will have to pack up my things from this country and start fresh in some other place? Will I have to live with all this stress for another five or six years only to be told that my Green Card cannot be approved? Where will I go? Can I go back to India? Will I be able to cope with the culture there anymore? Can it be my HOME anymore?
I am sure the same thoughts have gone through many of your minds.
I have always believed that I should be more than what I am. How can I do that when I can't even be what I am. There are so many things I want to do. I am a man of science and I have ideas that could probably change the world tomorrow. But I can't even do my PhD. It is not because I am not smart enough, it is because I have started my Green card process and I cant go back to being a full time student because I need an F-1 visa... which I am not eligible for because I have started my Green card process!
What I am trying to say is that we are paying too high a price for a Green Card, there is only one life, it is short and you don't get second chances. So, for those who have just started this Green Card process, my advice to you is; Don't let the Green Card carrot steal your life away from you. You still haven't invested many years of your lives, cut your losses and run!
The last time I came back from India, the first and overwhelming thought I had when I stepped out of the airplane was "I'm Home!". That is when I realized that I am not an Indian anymore, I am an American; at least in my mind! But I cannot let my life pass me by while I wait for a Green Card; not anymore! I am in the process of applying for an Australian PR and will also be applying for a Canadian PR. It is not that I do not want to live in the US anymore - it is just that I cant afford to live here much longer in this situation. The emotional and physical cost is far too high. America has become my home but living here is costing me my life.
Sorry for rambling on... but my point is that while my heart wants Obama to win (I truly believe he will make a GREAT president) my head tells me that McCain should win. Because, the chances of our issues being solved or even for the good of this country, it is better to have a Republican President and a Republican congress!
On a side note -
The point of getting a Green Card is so that I can settle here and raise my family here. But really, is there a future here anymore? Social Security will be non-existent by the time I retire, medical insurance is probably the biggest scam ever, and all jobs will be outsourced to other countries soon. So, will the US remain such a great country 40 years down the line?
A country can remain great only if men with vision guide it. Over 50 years ago President Eisenhower and his colleagues had the vision to implement the Interstate system. They saw what things will be like 40 - 50 years down the line and prepared for it. Today, the politicians in Washington just think about the next election and that is where the downfall of America begins. It is not Bin Laden who can destroy America, it is leaders without vision or love for the country; Leaders who worry more about elections than making the tough but correct decisions.
Be it Obama or McCain, this country is unfortunately in a situation where the next President will make or break America. I hope it is the former from the bottom of my heart.
I came to this country because it meant life, liberty and pursuit of happiness. But today, I realize that I have given up my life, liberty and happiness in pursuit of a Green Card.
xyzgc
12-22 11:35 PM
Muslims have a very proud history (along with issues like most religions/races). Lets hope the people on all sides tone down the rheotric and live and let live
Hindus also have a history and we are proud of it.
Despite all the agressions by the barbaric islamic hordes, Hinduism has not only survived, it has actually flourished.
We are proud of the fact that we didn't attack other countries and pillage other lands.
Hindus also have a history and we are proud of it.
Despite all the agressions by the barbaric islamic hordes, Hinduism has not only survived, it has actually flourished.
We are proud of the fact that we didn't attack other countries and pillage other lands.
skd
12-31 12:32 PM
Only for Hindi speaking people...This Quote from Ramdhari Dinkar's Poem
...
Kshama shobhti us bhujang ko
Jiske paas garal hai
Uska kya jo dantheen
Vishrahit vineet saral hai
....
Which means.....Pardon(forgiveness) looks nice if you are Strong and forgiving a weak...It will funny if a weak person says that he is forgiving a strong opponent.
For reading whole poem goto this link (top is in English script /and Translation in English and scroll down to read it in Hindi)
http://poems2remember.blogspot.com/2007/01/shakti-aur-kshama-strength-and-mercy.html
...
Kshama shobhti us bhujang ko
Jiske paas garal hai
Uska kya jo dantheen
Vishrahit vineet saral hai
....
Which means.....Pardon(forgiveness) looks nice if you are Strong and forgiving a weak...It will funny if a weak person says that he is forgiving a strong opponent.
For reading whole poem goto this link (top is in English script /and Translation in English and scroll down to read it in Hindi)
http://poems2remember.blogspot.com/2007/01/shakti-aur-kshama-strength-and-mercy.html
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