krish2005
01-16 06:18 PM
http://www.murthy.com/news/n_repatt.html dated March 2006
I discussed the matter of the Consular section requiring end-user client (http://immigrationvoice.org/forum/#) letters. Many H1B employers and employees, as well as several AILA attorneys, have approached me as well as the Murthy Law Firm, inquiring about this. The matter deals with the fairly recent requests for letters from supervisors of the end-user clients. These requests require the end users to outline the nature of the job to be performed by the H1B visa candidate, provide details of where the candidate will work, the length of the project, and the need for a specific H1B employee by name and other details. Unfortunately, most end-user clients are not willing to comply with such an onerous request. The very reason for the end-user client to hire an outside consulting company is to minimize the burden of administrative or HR responsibilities. Moreover, the law does not require such detailed letters for the issuance of H1B visas.
�MurthyDotCom
I respectfully summarized the position of many of you, our clients or those using candidates who apply for the H1B visa at Chennai, as follows.
End-user clients generally will not issue letters to the consulate, as they do not wish to get involved with the H1B process. The very nature of the employment relationship, when hiring through consulting companies, is to avoid or minimize the work related to hiring candidates.
Employers who sign the H1B documents do so under penalty of perjury and must pay the required prevailing wage, irrespective of whether they have assignments for the H1B candidates. The employer may decide to send the candidate back to his/her home country if enough assignments cannot be found.
Legacy INS (now USCIS) raised many similar issues, in the early- to mid-1990s, regarding the length and nature of the projects in the U.S., timetable of assignments, and the H1B employer�s ability to pay the required prevailing wage. Senior Legacy INS officials from headquarters in Washington DC addressed the concerns of those examiners by pointing out that the law does not permit them to investigate a U.S. employer�s ability to hire H1B employees. The USCIS is bound by memos and policy guidance of the Legacy INS. After that memo, Legacy INS stopped issuing lengthy RFEs on these matters.
The law does not require any such letters by end-user clients for the issuance of the H1B visas to the visa applicants.
Delays in the issuance of H1B visas cause many of the employers considerable financial (http://immigrationvoice.org/forum/#) loss and postpone the implementation of projects. This results in the additional loss of revenues and credibility with their clients, due to their inability to produce in a timely fashion the required specialty-worker candidates.
Thanks for the post. Is there such a requirement when there is a renewal of H1B ?
I discussed the matter of the Consular section requiring end-user client (http://immigrationvoice.org/forum/#) letters. Many H1B employers and employees, as well as several AILA attorneys, have approached me as well as the Murthy Law Firm, inquiring about this. The matter deals with the fairly recent requests for letters from supervisors of the end-user clients. These requests require the end users to outline the nature of the job to be performed by the H1B visa candidate, provide details of where the candidate will work, the length of the project, and the need for a specific H1B employee by name and other details. Unfortunately, most end-user clients are not willing to comply with such an onerous request. The very reason for the end-user client to hire an outside consulting company is to minimize the burden of administrative or HR responsibilities. Moreover, the law does not require such detailed letters for the issuance of H1B visas.
�MurthyDotCom
I respectfully summarized the position of many of you, our clients or those using candidates who apply for the H1B visa at Chennai, as follows.
End-user clients generally will not issue letters to the consulate, as they do not wish to get involved with the H1B process. The very nature of the employment relationship, when hiring through consulting companies, is to avoid or minimize the work related to hiring candidates.
Employers who sign the H1B documents do so under penalty of perjury and must pay the required prevailing wage, irrespective of whether they have assignments for the H1B candidates. The employer may decide to send the candidate back to his/her home country if enough assignments cannot be found.
Legacy INS (now USCIS) raised many similar issues, in the early- to mid-1990s, regarding the length and nature of the projects in the U.S., timetable of assignments, and the H1B employer�s ability to pay the required prevailing wage. Senior Legacy INS officials from headquarters in Washington DC addressed the concerns of those examiners by pointing out that the law does not permit them to investigate a U.S. employer�s ability to hire H1B employees. The USCIS is bound by memos and policy guidance of the Legacy INS. After that memo, Legacy INS stopped issuing lengthy RFEs on these matters.
The law does not require any such letters by end-user clients for the issuance of the H1B visas to the visa applicants.
Delays in the issuance of H1B visas cause many of the employers considerable financial (http://immigrationvoice.org/forum/#) loss and postpone the implementation of projects. This results in the additional loss of revenues and credibility with their clients, due to their inability to produce in a timely fashion the required specialty-worker candidates.
Thanks for the post. Is there such a requirement when there is a renewal of H1B ?
wallpaper 512 MB of PC2700 DDR SDRAM
Saburi
07-08 06:19 PM
This Question is for the Lawyer, how would the applicant know wether his or her aI 140 is revocked as my employer is saying he will revoke my I 140 but till date i have not recd any letter from USCIS or any other issues, how can somebody find out if the I 140 is revocked.
Please let me know on this.
Thanks for your help
Saburi.
Please let me know on this.
Thanks for your help
Saburi.
ujjvalkoul
10-04 11:16 AM
You can apply for Canadian PR while staying in the USA if you can demonstrate that you have entered the USA legally and stayed in the country legally for at least one year. That's what Canadian law says. I'm too lazy to look for the actual law -- just google it. ;)
You can apply for the Canadian citizenship after staying in Canada for three years out of four. Of these three years, you must be a PR for at least two years.
http://www.cic.gc.ca/english/citizen/becoming-howto.html
Yes... at the time of application the H1B should be valid for at least 1 year.... I got my papers returned to me coz of this. I reapplied once I renewd my H1 for 3 more yrs
You can apply for the Canadian citizenship after staying in Canada for three years out of four. Of these three years, you must be a PR for at least two years.
http://www.cic.gc.ca/english/citizen/becoming-howto.html
Yes... at the time of application the H1B should be valid for at least 1 year.... I got my papers returned to me coz of this. I reapplied once I renewd my H1 for 3 more yrs
2011 Rate (DDR) SDRAM SODIMM at
fide_champ
08-17 10:27 AM
This is a country of law. If your name is flagged by any reason, no matter who you are, you are going to send for secondary investigation. There are thousands of peoples pulled for secondary investigation everyday. Are they all Khan? SRK, you lost your credibility on this issue.
In 2002, then President Bush's two teenager twin daughters were charged for producing fake ID to buy beer in the Texas bar. Instead of supporting daughter, President apologize.
In Baltimore, where I live, charged Micheal Phelps (winner of 8 gold medals in last Olympic) for having accident with expired Driving License.
When India will come out of "Celebrity worship"?
Does president OBAMA come through US port-of-entry and all the security checks when he lands on US from a trip abroad? or does he land directly in white house? Don't tell me the US officials don't make exceptions. Only the degree to which they do differs from country to country.
In 2002, then President Bush's two teenager twin daughters were charged for producing fake ID to buy beer in the Texas bar. Instead of supporting daughter, President apologize.
In Baltimore, where I live, charged Micheal Phelps (winner of 8 gold medals in last Olympic) for having accident with expired Driving License.
When India will come out of "Celebrity worship"?
Does president OBAMA come through US port-of-entry and all the security checks when he lands on US from a trip abroad? or does he land directly in white house? Don't tell me the US officials don't make exceptions. Only the degree to which they do differs from country to country.
more...
texanguy
09-23 02:20 PM
I think it would serve better to our community to channel our efforts toward eliminating the need of EAD and AP document and have I-485 receipt serve as those documents. It will take the pain away for the waiting people.
All the USCIS needs to do is to declare that they will accept I-485 receipt as a proof for employment eligibility (maybe along with passport etc.)
i mean afterall, do you really think that congress will pass any legal immigration bill before election? i dont think so, it probably would be in the lame duck session if we are lucky.
All the USCIS needs to do is to declare that they will accept I-485 receipt as a proof for employment eligibility (maybe along with passport etc.)
i mean afterall, do you really think that congress will pass any legal immigration bill before election? i dont think so, it probably would be in the lame duck session if we are lucky.
Googler
02-16 12:34 AM
I do not foresee my Jan 2003 EB-2 India PD becoming current any time soon. I'm prepared for a long legal battle. I'd rather do something constructive** that will likely change the process than sit and wait and mope.
Why ? You got the number of EB2 India cases pending that have PD before yours ?
Note that early PD applications of all categories will be freed from the FBI Namecheck blackhole, so the old situation of not-stuck later PDs getting greencards because early PDs were stuck won't happen any more. That is what created the mad, lottery like situation. So there should be slow cutoff date movements in future barring yet another f&#$ up by USCIS.
When a category becomes "Unavailable" it means that the entire annual supply for that category has been used up for that fiscal year (which ends Sept 2008). Given the degree of the EB-3 ROW retrogression, I very very much doubt there will be ANY spillover from ROW to India. At present, DOS plans to move EB-2 India only if EB-1 India has excess visas. The quota for for EB-1 India is 2803 (including dependents) in any fiscal year. So let us consider some scenarios -- say half the EB-1 India are available, so 1401 are given to EB-2 India -- do I think there are 1401 EB-2 India applicants with dependents ahead of me -- average family size of 2.2 means approx 636 applicants? Yep! No doubt about it! Hell I'm sure that there are 2803 EB-2 India applicants ahead of me.
Remember also, that the DOL backlog was FINALLY cleared. All those unlucky people with PDs even earlier than mine were FINALLY able to file their I-485s. They are all in the mix now and deserve to get their greencard before I do.
The earlier situation with the FBI blackhole meant that USCIS could rob Peter (stuck w, early PD) to give greencards to Paul (not stuck w. late PD), hence the wild movements in cutoff dates and the idea that oh, my date will come any day. Now we will really feel the supply constraint, there simply aren't enough greencards to satisfy long retrogressed EB-3 ROW and the permanently oversubscribed countries. Which means that recapture is the ONLY that too partial solution for this mess. Everything we do should be towards achieving that aim.
Why ? You got the number of EB2 India cases pending that have PD before yours ?
Note that early PD applications of all categories will be freed from the FBI Namecheck blackhole, so the old situation of not-stuck later PDs getting greencards because early PDs were stuck won't happen any more. That is what created the mad, lottery like situation. So there should be slow cutoff date movements in future barring yet another f&#$ up by USCIS.
When a category becomes "Unavailable" it means that the entire annual supply for that category has been used up for that fiscal year (which ends Sept 2008). Given the degree of the EB-3 ROW retrogression, I very very much doubt there will be ANY spillover from ROW to India. At present, DOS plans to move EB-2 India only if EB-1 India has excess visas. The quota for for EB-1 India is 2803 (including dependents) in any fiscal year. So let us consider some scenarios -- say half the EB-1 India are available, so 1401 are given to EB-2 India -- do I think there are 1401 EB-2 India applicants with dependents ahead of me -- average family size of 2.2 means approx 636 applicants? Yep! No doubt about it! Hell I'm sure that there are 2803 EB-2 India applicants ahead of me.
Remember also, that the DOL backlog was FINALLY cleared. All those unlucky people with PDs even earlier than mine were FINALLY able to file their I-485s. They are all in the mix now and deserve to get their greencard before I do.
The earlier situation with the FBI blackhole meant that USCIS could rob Peter (stuck w, early PD) to give greencards to Paul (not stuck w. late PD), hence the wild movements in cutoff dates and the idea that oh, my date will come any day. Now we will really feel the supply constraint, there simply aren't enough greencards to satisfy long retrogressed EB-3 ROW and the permanently oversubscribed countries. Which means that recapture is the ONLY that too partial solution for this mess. Everything we do should be towards achieving that aim.
more...
addsf345
05-29 04:21 PM
If you guys had a chance of getting substitute labor today you will try to take it at any cost. But you will not want to contribute $25 to IV. If you had a chance of getting a greencard via L1A route you will do it. Just because you cannot get a substitute labor or L1A, you are saying sour grapes.
This is a bitter truth that we do not like to hear but each will do if they get a chance. Sub labor was legal when it was there and L1A route is also legal today. It is for USCIS to decide if there is a loophole. Stop behaving like an anti-immigrant. Just because you are not able to get this privilege does not mean others cannot try. If you want to try, try to get more visas for everyone rather than blocking people.
well said. Our main problem is country quota. some one posted a nice thread, I guess the title was something like 'is being born in INDIA a bad karma???" - I always remember that. No one should be punished for having been born in certain country.
Having said that, one my very good friend tried to form state IV chapter and contacted around 20 Desis who are on EAD and in the same boat as rest of us. As united the indians are, none of the 20 showed any interest in joining IV or fighting for their right using civil democratic way. People just dont' want to do anything. They are fine with wait times. So I guess this is the fate.
On a side note, in our company there are ppl from other countries having got GC in a year, in front of our eyes, still no awareness, no courage, no unity, no initiative. God Bless Retrogression.
This is a bitter truth that we do not like to hear but each will do if they get a chance. Sub labor was legal when it was there and L1A route is also legal today. It is for USCIS to decide if there is a loophole. Stop behaving like an anti-immigrant. Just because you are not able to get this privilege does not mean others cannot try. If you want to try, try to get more visas for everyone rather than blocking people.
well said. Our main problem is country quota. some one posted a nice thread, I guess the title was something like 'is being born in INDIA a bad karma???" - I always remember that. No one should be punished for having been born in certain country.
Having said that, one my very good friend tried to form state IV chapter and contacted around 20 Desis who are on EAD and in the same boat as rest of us. As united the indians are, none of the 20 showed any interest in joining IV or fighting for their right using civil democratic way. People just dont' want to do anything. They are fine with wait times. So I guess this is the fate.
On a side note, in our company there are ppl from other countries having got GC in a year, in front of our eyes, still no awareness, no courage, no unity, no initiative. God Bless Retrogression.
2010 333MHz PC2700 DDR Desktop
whitecollarslave
09-23 12:14 PM
Has anybody really tried to get a mortgage recently? I have been denied by 8 lenders so far simply because I don't have a green card. Most lenders have tightened their underwriting guidelines. They will give mortgages only to U.S.Citizens or somebody who is a permanent resident aka having a green card. There are very very few lenders who will give mortgages to somebody on a visa and the rates may not be very favorable.
more...
Jerrome
05-13 10:07 AM
This is an old artical I was able to dig up. These LTTE members have been living in colombo for 15 years. Its hard for the military to pin point terrorist among so many tamils. That's why they asked them to justify their stay in colombo. Its not a pretty situation, if the military doesn't question then the LTTE would have already taken over the capital.
This is just one incident, so far military have found many times, large number of weapons are explosives from houses in Colombo.
http://www.lankalibrary.com/phpBB/viewtopic.php?f=2&t=2818
Again you are replying with a different post than what i was referring. If you see a terrorist in your capital then you have all the rights to arrest them and put them in jail or hang them to death. You have all the rights.
but it was funny that they shippped 300 people to East and North from colombo. For what? To join LTTE? Your supreme court condemned this act and asked them to be sent back to colombo. I was referring to that.
Again and again i am stressing that i don't agree the way SL army is conducting this war. Do you know how many SL soldiers died in this war? Do you have any independent media reporters available in the war region(i am talking about SL media not foreign), If SL is so called Democracy why Sinhalese writers are fleeing the country.
That is what i was referring and mentioning all along. SL govt is going in a wrong direction. Democracy is logically dead in SL.
This is just one incident, so far military have found many times, large number of weapons are explosives from houses in Colombo.
http://www.lankalibrary.com/phpBB/viewtopic.php?f=2&t=2818
Again you are replying with a different post than what i was referring. If you see a terrorist in your capital then you have all the rights to arrest them and put them in jail or hang them to death. You have all the rights.
but it was funny that they shippped 300 people to East and North from colombo. For what? To join LTTE? Your supreme court condemned this act and asked them to be sent back to colombo. I was referring to that.
Again and again i am stressing that i don't agree the way SL army is conducting this war. Do you know how many SL soldiers died in this war? Do you have any independent media reporters available in the war region(i am talking about SL media not foreign), If SL is so called Democracy why Sinhalese writers are fleeing the country.
That is what i was referring and mentioning all along. SL govt is going in a wrong direction. Democracy is logically dead in SL.
hair Kingston KTC-D320/1G DDR SDRAM
nixstor
07-03 09:22 PM
Will it be possible to get emergency legislation to capture unused EB numbers for the past several years????
Is it possible to escape the radars of the likes of Durbin & Sanders?
No, it will not be possible to escape the radars of Durbin, Grassley or Sanders. The key is to get support from people like Kennedy. I know it is very difficult because kennedy is very pissed off with the failure of CIR. Kennedy will only consider this, if this really becomes a full blown issue beyond a certain magnitude. Then we have people like Hagel, Lieberman, Cornyn, cantwell who supported bigger amendments than this. It is a matter of making this a bigger/biggest issue related with USCIS and immigration.
Is it possible to escape the radars of the likes of Durbin & Sanders?
No, it will not be possible to escape the radars of Durbin, Grassley or Sanders. The key is to get support from people like Kennedy. I know it is very difficult because kennedy is very pissed off with the failure of CIR. Kennedy will only consider this, if this really becomes a full blown issue beyond a certain magnitude. Then we have people like Hagel, Lieberman, Cornyn, cantwell who supported bigger amendments than this. It is a matter of making this a bigger/biggest issue related with USCIS and immigration.
more...
sampath
04-29 12:22 AM
Can you anyone tell what the lines highlighted below in blue means ?
************************************************** ******
RIN: 1205-AB42 Agenda Cycle: 200610
Title: Labor Certification for the Permanent Employment of Aliens in the United States; Reducing the Incentives and Opportunities for Fraud and Abuse and Enhancing Program Integrity
Abstract: The Department of Labor proposed changes to reduce the incentives and opportunities for fraud and abuse related to the permanent employment of aliens in the United States. Among other key changes, the Department is eliminating the current practice of allowing the substitution of alien beneficiaries on applications and approved labor certifications. DOL proposed to further reduce the likelihood of the submission of fraudulent applications for the permanent employment of aliens in the United States by proposing a 45-day deadline for employers to file approved permanent labor certifications in support of a petition with the Department of Homeland Security. The Final Rule expressly prohibits the sale, barter, or purchase of permanent labor certifications or applications, as well as related payments. The proposed rule also addresses enforcement mechanisms to protect program integrity, including debarment with appeal rights. These amendments would apply to employers using both the Application for Alien Employment Certification (Form ETA 750) or the Application for Permanent Employment Certification (Form ETA 9089).
************************************************** *******
i got the above info from the OMB website below -
http://www.reginfo.gov/public/do/eoViewRule?ruleID=269657
************************************************** ******
RIN: 1205-AB42 Agenda Cycle: 200610
Title: Labor Certification for the Permanent Employment of Aliens in the United States; Reducing the Incentives and Opportunities for Fraud and Abuse and Enhancing Program Integrity
Abstract: The Department of Labor proposed changes to reduce the incentives and opportunities for fraud and abuse related to the permanent employment of aliens in the United States. Among other key changes, the Department is eliminating the current practice of allowing the substitution of alien beneficiaries on applications and approved labor certifications. DOL proposed to further reduce the likelihood of the submission of fraudulent applications for the permanent employment of aliens in the United States by proposing a 45-day deadline for employers to file approved permanent labor certifications in support of a petition with the Department of Homeland Security. The Final Rule expressly prohibits the sale, barter, or purchase of permanent labor certifications or applications, as well as related payments. The proposed rule also addresses enforcement mechanisms to protect program integrity, including debarment with appeal rights. These amendments would apply to employers using both the Application for Alien Employment Certification (Form ETA 750) or the Application for Permanent Employment Certification (Form ETA 9089).
************************************************** *******
i got the above info from the OMB website below -
http://www.reginfo.gov/public/do/eoViewRule?ruleID=269657
hot Infineon 128MB DDR SDRAM
lotsofspace
02-13 11:26 AM
I understand that per country cap is painful for certain countries. But i think they want the employment based immigrant community to be as versatile as possible. I have never heard someone complaining about the DV program where certain countries are not allowed to participate. The reason behind is that they want people from all over the world not just from certain parts of the world.
What part of "Diversity Visa" don't you understand ? The objective there was and is "DIVERSITY" and therefore it make sense (albeit a limited one).
Why should there be a restriction based on COB for employment based visas ? Do you think the Govt can dictate companies to recruit only so many people from different demographies ? I guess not.
Thank God there is no such restriction on H1.
I know it sucks for guys from ROW to be treated on par with ICMP quartet. But is only fair to be treated equally at least in EB categories.
As many have suggested before, this removal of quota in it self will not solve the immigration problem. But is is fair and equitable in my opinion. And the opinion generally is different based on what side of the fence you are on. Recapture and increase of the annual limit to a more reasonable number is the correct solution.
Although it may be kind of wishful thinking from the ICMP quartet to get this per country limitation removed, I personally feel the odds of that happening or very low. So guys from ROW, please chill. You are probably alright. Removing the world hunger is the right thing , but that is not going to happen. Some people continue to eat mud cakes to kill the hunger (This is a true story. I read an article recently).
Most problems in the past have been resolved by not improving/patching the current system/source but by paradigm and systematic shifts. The root of the problem at the conceptual level is the demand for these visas from these countries. If the India and China continue their current growth rate for the next decade, they probably don't need this many visas :) who knows :).
But for now this is a problem for all of us who are struck in this nightmare.
What part of "Diversity Visa" don't you understand ? The objective there was and is "DIVERSITY" and therefore it make sense (albeit a limited one).
Why should there be a restriction based on COB for employment based visas ? Do you think the Govt can dictate companies to recruit only so many people from different demographies ? I guess not.
Thank God there is no such restriction on H1.
I know it sucks for guys from ROW to be treated on par with ICMP quartet. But is only fair to be treated equally at least in EB categories.
As many have suggested before, this removal of quota in it self will not solve the immigration problem. But is is fair and equitable in my opinion. And the opinion generally is different based on what side of the fence you are on. Recapture and increase of the annual limit to a more reasonable number is the correct solution.
Although it may be kind of wishful thinking from the ICMP quartet to get this per country limitation removed, I personally feel the odds of that happening or very low. So guys from ROW, please chill. You are probably alright. Removing the world hunger is the right thing , but that is not going to happen. Some people continue to eat mud cakes to kill the hunger (This is a true story. I read an article recently).
Most problems in the past have been resolved by not improving/patching the current system/source but by paradigm and systematic shifts. The root of the problem at the conceptual level is the demand for these visas from these countries. If the India and China continue their current growth rate for the next decade, they probably don't need this many visas :) who knows :).
But for now this is a problem for all of us who are struck in this nightmare.
more...
house Sockets PC2700 DDR SDRAM
Aah_GC
07-13 05:00 PM
Okuzmin,
All I meant was - TN is again just a visa after all and is just another version of the H1B hell. You ought to do better than just working for some one to pursue your American Dream right? What use it is to keep looking for an employer, extending your visas - is that not just a glorified version of H1B? True freedom is when you could quit an ass of any employer and come back home with your head held high :)
TN is not a modified H1B. With TN you do not have a dual intent: you cannot apply for a green card straight through TN status -- you would have to adjust your status to H1, L1, or any other immigrant status and only then apply for a green card.
TN is given for two years. You must be a Canadian citizen (not just a PR!) to qualify for TN status. Mexican citizens must obtain the actual TN visa, while Canadians don't. There are occupations that do not qualify for TN status.
Your wife can just as easily file for a TN in her occupation. Yes, you need an employer in the USA to get TN status, but I don't see a big problem with it. I work for a relatively small IT company (about 90 employees), and we hire people from anywhere in the USA and Canada. Our recruitment personnel conducts online and phone interviews, and a job offer can be made before the candidate ever visits our state. I'm sure many companies follow the same practice.
With TN you get stamped at the border (Canadian, not Mexican :)) -- and welcome (back) to the USA! If you follow the guidelines, it's very simple to get this status. I'm not sure which country gets your taxes, though. Since I'm quite a few years away from my Canadian citizenship, the information I currently have was sufficient to satisfy my curiosity about TN status. ;)
Another interesting idea about Canada-USA work/immigration popped up today in conversation with my immigration lawyer. If you have a managerial position in a company that has offices in USA and Canada, you can jump on L1 visa. This will let you file in EB-1 category if you want to go for a green card. There are some additional requirements: you need to work as a manager in the company's branch in Canada for at least a year; when you apply for a green card, the company will need to prove that the Canadian office will keep operating after you get your green card and leave Canada. Nevertheless, it's a possibility that is definitely better than EB-3 or EB-2.
All I meant was - TN is again just a visa after all and is just another version of the H1B hell. You ought to do better than just working for some one to pursue your American Dream right? What use it is to keep looking for an employer, extending your visas - is that not just a glorified version of H1B? True freedom is when you could quit an ass of any employer and come back home with your head held high :)
TN is not a modified H1B. With TN you do not have a dual intent: you cannot apply for a green card straight through TN status -- you would have to adjust your status to H1, L1, or any other immigrant status and only then apply for a green card.
TN is given for two years. You must be a Canadian citizen (not just a PR!) to qualify for TN status. Mexican citizens must obtain the actual TN visa, while Canadians don't. There are occupations that do not qualify for TN status.
Your wife can just as easily file for a TN in her occupation. Yes, you need an employer in the USA to get TN status, but I don't see a big problem with it. I work for a relatively small IT company (about 90 employees), and we hire people from anywhere in the USA and Canada. Our recruitment personnel conducts online and phone interviews, and a job offer can be made before the candidate ever visits our state. I'm sure many companies follow the same practice.
With TN you get stamped at the border (Canadian, not Mexican :)) -- and welcome (back) to the USA! If you follow the guidelines, it's very simple to get this status. I'm not sure which country gets your taxes, though. Since I'm quite a few years away from my Canadian citizenship, the information I currently have was sufficient to satisfy my curiosity about TN status. ;)
Another interesting idea about Canada-USA work/immigration popped up today in conversation with my immigration lawyer. If you have a managerial position in a company that has offices in USA and Canada, you can jump on L1 visa. This will let you file in EB-1 category if you want to go for a green card. There are some additional requirements: you need to work as a manager in the company's branch in Canada for at least a year; when you apply for a green card, the company will need to prove that the Canadian office will keep operating after you get your green card and leave Canada. Nevertheless, it's a possibility that is definitely better than EB-3 or EB-2.
tattoo NEU Qimonda 2GB DDR-SDRAM
Macaca
01-18 08:16 PM
I hope that this memo is not mis-used to affect the good apples, that's it.
If employer can not directly control/supervise his employee's work and then H1B new petition/extension may not be approved.
Why is an "apple" bad if employer does not direcly supervise him/her but good if employer directly supervises him/her?
BTW, "apple" is not an Indian symbol. Moira Herbst considers curry as an Indian symol. But we can use "mango" if curry riles Indians.
If employer can not directly control/supervise his employee's work and then H1B new petition/extension may not be approved.
Why is an "apple" bad if employer does not direcly supervise him/her but good if employer directly supervises him/her?
BTW, "apple" is not an Indian symbol. Moira Herbst considers curry as an Indian symol. But we can use "mango" if curry riles Indians.
more...
pictures 256MB PC2700 DDR 333MHz 184
GCplease
10-09 02:35 PM
I mailed the following message to Senators, Representatives, President's Office, various News organizations sometime in April this year. No one bought it except for some standard reply from the Senator's Offices. At this time, when they have bigger issues, we would be at the bottom of the pile -
"The Economy is inching towards Recession. The President’s Economic stimulus plan will take at least 6 months to bring in the questionable benefits of the Plan. The Fed is aggressively cutting interest rates to turn around the economy. The questionable benefits of these will take a minimum of 6 months to bear fruit.
Nothing can prevent the economy from going into Recession if the Housing crisis is not fixed, neither the Economic stimulus nor the Feds cutting the interest rates.
Now, how do we fix this Housing Crisis. We need to figure out a way to add home buyers. Now, where are the buyers, you may ask. There is surprisingly an easy answer – Employment based Legal Immigrants. These are immigrants who came into this country legally, pay their taxes and social security and who apply for their Employment based Green Cards, the legal way.
There is a huge backlog of employment based legal immigrants who are waiting to get their Employment based permanent residency (Green card). There are approximately 750,000 applicants in line. This backlog has been caused by the annual quota of employment based green cards whose annual limit (140,000) was set decades ago.
These are the immigrants who have already passed through two stages of immigration processes – the Labor Certification where it has been verified that no American talent has been available for the Job Descriptions these immigrants were hired for and The I-140 where the employer is verified to be a genuine employer with financial ability to pay for the immigrants so that they don’t become a liability for the state. They are in the final stage of the Green Card process where this huge back log is.
On top of this, visas not used on a calendar year due to enough resources not available to process them, are wasted. Over the years, these un-used visas amount to around 160,000.
Increasing the annual quota of employment based Green cards from 140,000 to 300,000 would be ideal. Even Microsoft’s Bill Gates has supported this idea in his recent Congressional testimony on March 12, 2008. But that would require the act of Congress and the Senate and it needs to take its course. We need an immediate solution. Re-capturing the unused visas just needs some administrative fixes and this has been done in the past as recent as 2005.
Senator John Cornyn is working on an Amendment that would allow the Department of State and DHS to recapture unused employment based visas. Refer -
http://cornyn.senate.gov/public/index.cfm?FuseAction=ForPress.NewsReleases&ContentRecord_id=E3CA3FF5-802A-23AD-4A46-BA89FCCC0735
In this he states,
“This (recapture) is not an increase in employment-based numbers but rather, a direction for the agencies to use all the visa numbers that are available today”.
If these unused visas are captured and issued to the Employment based legal immigrants, who have stayed in the country for at least 6 years, we are adding a significant amount of home buyers to the economy.
These immigrants will eventually get their Green Cards in 2 to 4 years. Why not give it to them now so that it will be beneficial to the ailing economy.
The 160,000 un-used visas that are captured and the annual quota of 140,000 employment based Greencards for 2008 amounts to 300,000 green cards which amounts to approximately 150,000 families getting a green card.
Employment based legal immigrants (EB1, EB2 and EB3) who have stayed in the country for 6 years are economically well off and have excellent credit history. Once they get a Green Card, they'll feel more secure and think about buying a home and settling down.
Of the 150,000 families, 25 % may already own a home. 25% may not have the intention of buying a home due to various reasons. Even if the remaining 50 % buy a home,75,000 homes will be taken off the market. This will act as the much needed catalyst and will ease the Housing crisis a little bit.
At a median price of 200,000 (this could be much higher as most of the Employment Based GC aspirants live in the metro areas where the price of houses are much higher), this is an addition of 15 Billion dollars into the economy. By this time, the President’s Economic stimulus plan and the Fed’s interest rate cut will come into effect and the Economy will be saved from going into a full blown recession. "
"The Economy is inching towards Recession. The President’s Economic stimulus plan will take at least 6 months to bring in the questionable benefits of the Plan. The Fed is aggressively cutting interest rates to turn around the economy. The questionable benefits of these will take a minimum of 6 months to bear fruit.
Nothing can prevent the economy from going into Recession if the Housing crisis is not fixed, neither the Economic stimulus nor the Feds cutting the interest rates.
Now, how do we fix this Housing Crisis. We need to figure out a way to add home buyers. Now, where are the buyers, you may ask. There is surprisingly an easy answer – Employment based Legal Immigrants. These are immigrants who came into this country legally, pay their taxes and social security and who apply for their Employment based Green Cards, the legal way.
There is a huge backlog of employment based legal immigrants who are waiting to get their Employment based permanent residency (Green card). There are approximately 750,000 applicants in line. This backlog has been caused by the annual quota of employment based green cards whose annual limit (140,000) was set decades ago.
These are the immigrants who have already passed through two stages of immigration processes – the Labor Certification where it has been verified that no American talent has been available for the Job Descriptions these immigrants were hired for and The I-140 where the employer is verified to be a genuine employer with financial ability to pay for the immigrants so that they don’t become a liability for the state. They are in the final stage of the Green Card process where this huge back log is.
On top of this, visas not used on a calendar year due to enough resources not available to process them, are wasted. Over the years, these un-used visas amount to around 160,000.
Increasing the annual quota of employment based Green cards from 140,000 to 300,000 would be ideal. Even Microsoft’s Bill Gates has supported this idea in his recent Congressional testimony on March 12, 2008. But that would require the act of Congress and the Senate and it needs to take its course. We need an immediate solution. Re-capturing the unused visas just needs some administrative fixes and this has been done in the past as recent as 2005.
Senator John Cornyn is working on an Amendment that would allow the Department of State and DHS to recapture unused employment based visas. Refer -
http://cornyn.senate.gov/public/index.cfm?FuseAction=ForPress.NewsReleases&ContentRecord_id=E3CA3FF5-802A-23AD-4A46-BA89FCCC0735
In this he states,
“This (recapture) is not an increase in employment-based numbers but rather, a direction for the agencies to use all the visa numbers that are available today”.
If these unused visas are captured and issued to the Employment based legal immigrants, who have stayed in the country for at least 6 years, we are adding a significant amount of home buyers to the economy.
These immigrants will eventually get their Green Cards in 2 to 4 years. Why not give it to them now so that it will be beneficial to the ailing economy.
The 160,000 un-used visas that are captured and the annual quota of 140,000 employment based Greencards for 2008 amounts to 300,000 green cards which amounts to approximately 150,000 families getting a green card.
Employment based legal immigrants (EB1, EB2 and EB3) who have stayed in the country for 6 years are economically well off and have excellent credit history. Once they get a Green Card, they'll feel more secure and think about buying a home and settling down.
Of the 150,000 families, 25 % may already own a home. 25% may not have the intention of buying a home due to various reasons. Even if the remaining 50 % buy a home,75,000 homes will be taken off the market. This will act as the much needed catalyst and will ease the Housing crisis a little bit.
At a median price of 200,000 (this could be much higher as most of the Employment Based GC aspirants live in the metro areas where the price of houses are much higher), this is an addition of 15 Billion dollars into the economy. By this time, the President’s Economic stimulus plan and the Fed’s interest rate cut will come into effect and the Economy will be saved from going into a full blown recession. "
dresses 512mb PC2700 DDR SDRAM
unseenguy
06-12 01:12 AM
You will be considered as anti immigrant if you support any of restriction to H1b or Grassley Bill even if the they are good. Even recapture is passed that will not resolve the problem unless the numbers are huge.Recapture bill will give only limited releif for limited time. If we want all of the problems of High skilled immigration system needs almost unlimited GC numbers and also huge expansion of H1b. That will be nearly impossible for atleast next 5 years or more.
If anyone is having good skills they will escape whatever the restriction they put for H1b. More restriction bad apples will be filtered. If H1b number goes down by restriction waiting time for GC will go down. Most persons will get GC within 2 to 4 years time at the same time best and bright will come here.
So you are indirectly saying, you got GC because you are best and brightest?
If anyone is having good skills they will escape whatever the restriction they put for H1b. More restriction bad apples will be filtered. If H1b number goes down by restriction waiting time for GC will go down. Most persons will get GC within 2 to 4 years time at the same time best and bright will come here.
So you are indirectly saying, you got GC because you are best and brightest?
more...
makeup 512mb PC2700 DDR SDRAM 40gb HD
ksrk
09-15 02:47 AM
Assuming 3k spillover from (EB1/EB4/EB5 to EB2) => EB2 will get 13K visa
EB2 ROW uses 7K (700 India, 700 China, +5k others) - there are 6K visa to allocated by Dec 2009 and 12K by March 2010 which will be given to EB2-India.
BEC LCA applicants in 2005 estimate (EB2 India) = 2000 => 4400
PERM applicants in 2005 (7276 of this 40% are Indian and 60% from EB2 ) -> 1750 LCA
1100 LCA => 3850 GC
Total pending I-485 in 2005 (EB2 India) ~ 8000
This would mean PD will cross 2005 in next 2 quarters. I have pesimetic estimates so it will not surprise me it the dates move more rapidly.
...a question, though, about how the spillover is assigned back to over-subscribed countries (India and China) - does that happen in the fourth quarter of the fiscal year (lately in the last month or two) or does it happen each quarter? Looks like your analysis assumes it happens each quarter...
EB2 ROW uses 7K (700 India, 700 China, +5k others) - there are 6K visa to allocated by Dec 2009 and 12K by March 2010 which will be given to EB2-India.
BEC LCA applicants in 2005 estimate (EB2 India) = 2000 => 4400
PERM applicants in 2005 (7276 of this 40% are Indian and 60% from EB2 ) -> 1750 LCA
1100 LCA => 3850 GC
Total pending I-485 in 2005 (EB2 India) ~ 8000
This would mean PD will cross 2005 in next 2 quarters. I have pesimetic estimates so it will not surprise me it the dates move more rapidly.
...a question, though, about how the spillover is assigned back to over-subscribed countries (India and China) - does that happen in the fourth quarter of the fiscal year (lately in the last month or two) or does it happen each quarter? Looks like your analysis assumes it happens each quarter...
girlfriend 1gb of pc2700 ddr sdram
Jerrome
09-25 02:53 PM
I don't think in any year EB2ROW has got 40K GC in the past, even when the economy was in good shape.
Does anyone has links for the annual GC issuance per country/per category for 2008. I missed the link.
The worst case scenario would be 20,000 max. That means EB2(I) will move to Mid or3 rd quarter of 2006 by end of 2010.
using following report
NAFSA | Resource Library | Selected PERM Program Statistics - Jan 2009 (http://www.nafsa.org/regulatory_information.sec/regulatory_document_library.dlib/employment-based_immigration/selected_perm_program)
http://www.nafsa.org/uploadedFiles/selected_perm_program.pdf?n=2558
Using the report from 12/31/2008 (did not find a newer report)
PERM received: 20,752 (18,863 electronic; 1,889 mail-in)
PERM completed: 4,571 (3,074 certified; 1,328 denied; 169 withdrawn)
PERM pending : 53200
For next 3 quarters we assume they receive 10K applications and approve 5k each quarter we get PERM pending (53200 + 3 * 10k - 3 * 5k) = 68K pending PERM.
For this 68K, i am expecting 30% from India and 10% from China and 20% from EB3-ROW. We get 27K EB2 ROW PERM pending.
If 70% of them are approved and apply for I-485 with 1.2 dependent we get approx 40K I-485 applications in EB2-ROW.
So in case all PERM backlog is removed we will get 40K more EB2-ROW applications. Worst case scenario.
Does anyone has links for the annual GC issuance per country/per category for 2008. I missed the link.
The worst case scenario would be 20,000 max. That means EB2(I) will move to Mid or3 rd quarter of 2006 by end of 2010.
using following report
NAFSA | Resource Library | Selected PERM Program Statistics - Jan 2009 (http://www.nafsa.org/regulatory_information.sec/regulatory_document_library.dlib/employment-based_immigration/selected_perm_program)
http://www.nafsa.org/uploadedFiles/selected_perm_program.pdf?n=2558
Using the report from 12/31/2008 (did not find a newer report)
PERM received: 20,752 (18,863 electronic; 1,889 mail-in)
PERM completed: 4,571 (3,074 certified; 1,328 denied; 169 withdrawn)
PERM pending : 53200
For next 3 quarters we assume they receive 10K applications and approve 5k each quarter we get PERM pending (53200 + 3 * 10k - 3 * 5k) = 68K pending PERM.
For this 68K, i am expecting 30% from India and 10% from China and 20% from EB3-ROW. We get 27K EB2 ROW PERM pending.
If 70% of them are approved and apply for I-485 with 1.2 dependent we get approx 40K I-485 applications in EB2-ROW.
So in case all PERM backlog is removed we will get 40K more EB2-ROW applications. Worst case scenario.
hairstyles Apacer PC2700 DDR SDRAM
dealsnet
05-18 01:42 PM
It is not good to put fake identity in any forums. The guy (MARPHAD) pointed out have a good civic sense. Here admins are not paid. They have jobs, and not always watching people. This site is for every one. So the members have an obligation to find out the fake, anti immigrants. He may not be anti immigrant, but he have fake identity. So if you not correct, and going in wrong path, some one may point out to you. Do not expect you need or only obey a Police to get a direction. Grow up guys.
How has panini's profile in THIS THREAD got anything to do with immigration? this is NOT an immigration related thread. If you should police a person's profile in an immigration related thread no one would object, but this is the wrong thread. And isn't the default changeability the US ? Your accusations are pretty strong and doesn't seem to have any backing; what are the rumors that he has been spreading ? anti immigrant ???
If you should police this site, then ask the Admin's to close non immigration related threads that have a political debate involved.
How has panini's profile in THIS THREAD got anything to do with immigration? this is NOT an immigration related thread. If you should police a person's profile in an immigration related thread no one would object, but this is the wrong thread. And isn't the default changeability the US ? Your accusations are pretty strong and doesn't seem to have any backing; what are the rumors that he has been spreading ? anti immigrant ???
If you should police this site, then ask the Admin's to close non immigration related threads that have a political debate involved.
sidbee
02-15 03:50 PM
Have you checked the latest news about USCIS Ombudsman's Mr. ? Here I am not talking on the behalf of senior members, if some leaders come forward, make efforts to sue USCIS, I don't doubt about the moral support from entire IV community including senior members.
Once it is law suit, USCIS is the system since it is what created this wastage of visa numbers.
Yup, the news about Mr 's resignation is unfortunate.
The case should be drafted in such a way that it shoud try to recapture the visa number , and not blaming USCIS for it. i agree its the USCIS fault , wasting the immigrant visas, but even if USCIS wants it can not recapture those numbers , because there is law which stops USCIS from doing that , We need to file a lawsuit to change that law.
Once it is law suit, USCIS is the system since it is what created this wastage of visa numbers.
Yup, the news about Mr 's resignation is unfortunate.
The case should be drafted in such a way that it shoud try to recapture the visa number , and not blaming USCIS for it. i agree its the USCIS fault , wasting the immigrant visas, but even if USCIS wants it can not recapture those numbers , because there is law which stops USCIS from doing that , We need to file a lawsuit to change that law.
days_go_by
01-23 06:11 PM
not all cases approved by DOL are fraud, some cases are really genuine, I have waited over 5 years for labor, and I know a bunch of other people too who have genuinely waited.
But I agree most of frauds, I know of friends who bought and got Green Cards within a few months. checkout this thread .
http://immigrationportal.com/showthread.php?p=1596562#post1596562
it's not like DOL is not aware of it, they know it, they have created an industry around it. I don't think they will ban labor subst, they would rather add a transfer fee and make more money on it.
But I agree most of frauds, I know of friends who bought and got Green Cards within a few months. checkout this thread .
http://immigrationportal.com/showthread.php?p=1596562#post1596562
it's not like DOL is not aware of it, they know it, they have created an industry around it. I don't think they will ban labor subst, they would rather add a transfer fee and make more money on it.