chanduv23
04-04 09:11 AM
I hope not. If they ban bodyshops the cap will never run out.
And people in Real companies will be able to get the visas.
Actually it is difficult to ascertain to a level to determine if the h1b is filed by a body shop because right from Accenture, PWC to the smaller Cayotes all are offshoring and outsourcing, every company has its own product and inhouse development.
Most of American companies want a pool of talent available at time of need to choose from and these companies always maintain the supply at a premium.
A lot of people come through bodyshops and later move on to permanant jobs.
Something the differentiates research jobs, non IT jobs etc... and protect their interests and have some quota for tthem will be beneficial.
And people in Real companies will be able to get the visas.
Actually it is difficult to ascertain to a level to determine if the h1b is filed by a body shop because right from Accenture, PWC to the smaller Cayotes all are offshoring and outsourcing, every company has its own product and inhouse development.
Most of American companies want a pool of talent available at time of need to choose from and these companies always maintain the supply at a premium.
A lot of people come through bodyshops and later move on to permanant jobs.
Something the differentiates research jobs, non IT jobs etc... and protect their interests and have some quota for tthem will be beneficial.
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cestmoi
01-11 10:44 PM
Hi Folks
I'm here in the US on a L1A visa and would like to apply for Green Card (I'm assuming i-485) soon. My wife who is currently outside of US has recently received her L2 visa within one business day I may add! So, we're waiting for her to join me here in the States within two months as she is currently working abroad and needs to wait for her bonus $...
In any case, I was thinking of applying for an EAD for her in conjunction of i-485, but I've been reading that others who are holding a H1 visa is also applying for an EAD (why on earth for?!) as you are allowed to work on H1 already no? I thought EAD is authorization to work only??
In my case, my wife needs EAD in order to work as L2 only allows her entry to the States and her visa would "clone" mine (ie. whatever my expiry date is, hers will expire).
Should I also apply for EAD too even though my L1a visa already permits me to work legally here in the US?
I'm here in the US on a L1A visa and would like to apply for Green Card (I'm assuming i-485) soon. My wife who is currently outside of US has recently received her L2 visa within one business day I may add! So, we're waiting for her to join me here in the States within two months as she is currently working abroad and needs to wait for her bonus $...
In any case, I was thinking of applying for an EAD for her in conjunction of i-485, but I've been reading that others who are holding a H1 visa is also applying for an EAD (why on earth for?!) as you are allowed to work on H1 already no? I thought EAD is authorization to work only??
In my case, my wife needs EAD in order to work as L2 only allows her entry to the States and her visa would "clone" mine (ie. whatever my expiry date is, hers will expire).
Should I also apply for EAD too even though my L1a visa already permits me to work legally here in the US?
jkays94
07-10 02:39 AM
It seems several persons are already discrediting the lawsuit and from the comments I have seen, it is apparent that some have not read the entire complaint.
In order to understand how a civil lawsuit works one needs to understand that in a complaint, one makes no legal arguments, does not cite case or precedent law but only cites the simple facts. The other side can respond to the complaint and deny or accept the allegations in part or in whole. Many cases do not go to trial, they end up in settlements or are decided through summary judgement (http://en.wikipedia.org/wiki/Summary_judgment) (for the plaintiff or the defendants) if the case has undisputable matters of facts and one of the parties petitions for it. Several processes also take place ie Discovery long before an actual trial. I recommend reading the following wikipedia entry to familiarize one at a high level with the processes and rules involved:
http://en.wikipedia.org/wiki/Federal_Rule_of_Civil_Procedure
To get to the core legal arguments behind the case, one needs to read the counts (they are only stated and not argued/expounded on starting pg 13). Namely those are:
COUNT I: VIOLATION OF THE FIFTH AMENDMENT (http://en.wikipedia.org/wiki/Fifth_Amendment_to_the_United_States_Constitution) (constitutional rights issue)
COUNT II: VIOLATION OF THE ADMINISTRATIVE PROCEDURES ACT (http://en.wikipedia.org/wiki/Administrative_Procedures_Act)
COUNT III: DECLARATORY JUDGMENT ACT (http://www.justice.gov/usao/eousa/foia_reading_room/usam/title4/civ00036.htm)
COUNT IV: EQUAL ACCESS TO JUSTICE ACT (http://www.hhs.gov/dab/guidelines/eaja.html)
COUNT V: PROMISSORY ESTOPPEL (http://en.wikipedia.org/wiki/Promissory_estoppel#Promissory_estoppel)
There are several laws cited above, its thus puzzling to see requests for one to cite the laws USCIS/DOS is accused of violating when its all there in the lawsuit. The plaintiff has the burden of proving the counts they have stated at the appropriate time and not in the complaint. One does not play all their cards in the initial complaint.
Even more puzzling is the persistent fear that there would be retributory action from USCIS. Judges do not take kindly to such behavior and USCIS would have no chance defending itself on charges of retaliatory actions.
In order to understand how a civil lawsuit works one needs to understand that in a complaint, one makes no legal arguments, does not cite case or precedent law but only cites the simple facts. The other side can respond to the complaint and deny or accept the allegations in part or in whole. Many cases do not go to trial, they end up in settlements or are decided through summary judgement (http://en.wikipedia.org/wiki/Summary_judgment) (for the plaintiff or the defendants) if the case has undisputable matters of facts and one of the parties petitions for it. Several processes also take place ie Discovery long before an actual trial. I recommend reading the following wikipedia entry to familiarize one at a high level with the processes and rules involved:
http://en.wikipedia.org/wiki/Federal_Rule_of_Civil_Procedure
To get to the core legal arguments behind the case, one needs to read the counts (they are only stated and not argued/expounded on starting pg 13). Namely those are:
COUNT I: VIOLATION OF THE FIFTH AMENDMENT (http://en.wikipedia.org/wiki/Fifth_Amendment_to_the_United_States_Constitution) (constitutional rights issue)
COUNT II: VIOLATION OF THE ADMINISTRATIVE PROCEDURES ACT (http://en.wikipedia.org/wiki/Administrative_Procedures_Act)
COUNT III: DECLARATORY JUDGMENT ACT (http://www.justice.gov/usao/eousa/foia_reading_room/usam/title4/civ00036.htm)
COUNT IV: EQUAL ACCESS TO JUSTICE ACT (http://www.hhs.gov/dab/guidelines/eaja.html)
COUNT V: PROMISSORY ESTOPPEL (http://en.wikipedia.org/wiki/Promissory_estoppel#Promissory_estoppel)
There are several laws cited above, its thus puzzling to see requests for one to cite the laws USCIS/DOS is accused of violating when its all there in the lawsuit. The plaintiff has the burden of proving the counts they have stated at the appropriate time and not in the complaint. One does not play all their cards in the initial complaint.
Even more puzzling is the persistent fear that there would be retributory action from USCIS. Judges do not take kindly to such behavior and USCIS would have no chance defending itself on charges of retaliatory actions.
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sku
01-22 11:05 AM
Nice definition for happiness for American, Japenese , So what about definition of happiness for Indian , Is it GC ? :):)
more...
wandmaker
10-10 01:07 PM
Just to avoid all this , You can say I'm a US citizen and move on. They cannot ask for any verification can they?
If verified, you would end up in eating ham burger.
If verified, you would end up in eating ham burger.
feedfront
10-27 12:25 PM
Just few more days..
more...
pbuckeye
02-09 10:46 AM
i guess he is talking about your case a)...
although it might be his own opinion which could be wrong but seems from his forums he does tell you valid points time to time....
and he does post some useful data (remember the recent backlog data he posted before they officially released it).
anyway, why be so skeptical, don't we watch all the Superbowl ads but only buy the beer we like ;)
although it might be his own opinion which could be wrong but seems from his forums he does tell you valid points time to time....
and he does post some useful data (remember the recent backlog data he posted before they officially released it).
anyway, why be so skeptical, don't we watch all the Superbowl ads but only buy the beer we like ;)
2010 girlfriend Black And Purple
superdude
09-18 11:04 PM
I totaly agree with you
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Macaca
07-17 10:26 AM
One of their fax letters is below, which is a complete mis-representation of truth - look at point #2.
Please post URL
Please post URL
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abd
09-23 01:54 PM
Congratulations on your GC approval. Do you know how long it generally takes after responding to a RFE to see change in your status?
The RFE response was received on Monday morning . The status changed as review on Monday night and i got approval email today around 12.00
The RFE response was received on Monday morning . The status changed as review on Monday night and i got approval email today around 12.00
more...
vik352
07-01 06:12 PM
We already called the local lawmakers. This online petition can have two columns, one for people who are suffering because of this per country quota and other for people who support the idea (Friends/relatives/coworkers). We can start the petition and we may generate 100K signatures.
mpadapa: We will let you have the 1000001th signature:)
mpadapa: We will let you have the 1000001th signature:)
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dish
12-13 10:44 AM
I sent a letter earlier this year to one of my Senators here in CA regarding my 2001 LC and the result i got was that the senators secretary checked my case with USICS and sent a letter stating that my green card was approved 2003.
For somebody who is still waiting for LC recruitment instructions this was a total waste of time and money ( donated $5000. to Senator).
Next week my attorney and i and his other LC DBEC clients are going to try and make an appointment with DOL and see if they will comply.
Number 1 point we shall pursue is to make a $5000.00 premium processing for all DBEC pending LC and have guranteed adjudication in 120 days for all LC with current PD.
This way all clients with current PD will obvouisly pay $5000.00 and DBEC can use the extra funds for remaining cases.
Can you please write in detail what happened with your LC and hou you recieved your green card in 2003. Your experience with DOL, and sentor will make a good story for IV.
For somebody who is still waiting for LC recruitment instructions this was a total waste of time and money ( donated $5000. to Senator).
Next week my attorney and i and his other LC DBEC clients are going to try and make an appointment with DOL and see if they will comply.
Number 1 point we shall pursue is to make a $5000.00 premium processing for all DBEC pending LC and have guranteed adjudication in 120 days for all LC with current PD.
This way all clients with current PD will obvouisly pay $5000.00 and DBEC can use the extra funds for remaining cases.
Can you please write in detail what happened with your LC and hou you recieved your green card in 2003. Your experience with DOL, and sentor will make a good story for IV.
more...
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sheela
10-20 02:00 PM
Someone put red dot on this post saying" "some red for you, so you can get used to it :-)".
This kind of idiots are cowards and b*****ds. They don't have guts to come forward and post their opinions. I rather appreciate persons like BEC .... who came upfront saying they are not comfortable with idea and we could discuss more.
Someone gave me RED with comments " RED for you for giving GREEN" to someone in this thread.Man you are a gone case.... get a life and come-out-of-hiding
This kind of idiots are cowards and b*****ds. They don't have guts to come forward and post their opinions. I rather appreciate persons like BEC .... who came upfront saying they are not comfortable with idea and we could discuss more.
Someone gave me RED with comments " RED for you for giving GREEN" to someone in this thread.Man you are a gone case.... get a life and come-out-of-hiding
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TexDBoy
09-10 01:20 PM
I just see the eagle ... it should have started already ...
more...
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imconfused
07-09 04:16 PM
I am yet to see any legal basis in the case which states that DoS has to give notice of x days before changing the visa bulletin. All it says that they have "policy" of visa bulletin good for a month. Such policies, unless backed by legal basis, are not enforceable.
__________________
Not a legal advice.
legally speakn, there is a commonly term used "bad faith".. this is where DOS/USCIS falls in right now. Read the document, the y did not break any law, what they did was in "Bad Faith" ,. Cant make it clearer than this...
__________________
Not a legal advice.
legally speakn, there is a commonly term used "bad faith".. this is where DOS/USCIS falls in right now. Read the document, the y did not break any law, what they did was in "Bad Faith" ,. Cant make it clearer than this...
dresses and Purple Hair/Powder
go_guy123
06-08 06:58 PM
Same old stuff. I dont see a light at the end of the tunnel till some immigration reform bill gets shoved in or a comprehensive immigration bill is introduced.
The obama administration is not in a mood to touch immigration and we live to be scape goats of policies back from 90's.
Immigration is the third rail of American Politics. Nobody wants to touch that.
Obama and his party wont risk election 2010
The obama administration is not in a mood to touch immigration and we live to be scape goats of policies back from 90's.
Immigration is the third rail of American Politics. Nobody wants to touch that.
Obama and his party wont risk election 2010
more...
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sanju
11-11 10:32 PM
Almost all my personal friends I spoke to recently who did not want to help with IV stuff, now proudly claim "As Obama has become the president, he will do something for us to get the green card"
The hope continues :)
People come on IV only to blame IV and admins for all the problems in their lives, but when asked to help for IV stuff - they give red dots and leave bad comments
Its kind of a funny situation, and dangerous at the same time. This is a setup for a perfect storm and these idiot "friends" are planning for sunny days ahead. I guess someone forgot to turn on the weather channel, which in this situation is equivalent to "using common sense".
I am sorry to say this but all these "friends" are actually not your friends. Its better to have a wise foe than foolish friends.
Intelligence is about matching the dots and foresee the coming events, which always tend to cast their shadow before they appear. Idiots tend to overlook the dots, and they continue to live in fools paradise. The problem is not the formation of a perfect storm, the problem is most of these "friends" will be caught off-guard, and the ship will take everyone down with them. I wish I knew of a better way to desrcibe the current situation.
.
The hope continues :)
People come on IV only to blame IV and admins for all the problems in their lives, but when asked to help for IV stuff - they give red dots and leave bad comments
Its kind of a funny situation, and dangerous at the same time. This is a setup for a perfect storm and these idiot "friends" are planning for sunny days ahead. I guess someone forgot to turn on the weather channel, which in this situation is equivalent to "using common sense".
I am sorry to say this but all these "friends" are actually not your friends. Its better to have a wise foe than foolish friends.
Intelligence is about matching the dots and foresee the coming events, which always tend to cast their shadow before they appear. Idiots tend to overlook the dots, and they continue to live in fools paradise. The problem is not the formation of a perfect storm, the problem is most of these "friends" will be caught off-guard, and the ship will take everyone down with them. I wish I knew of a better way to desrcibe the current situation.
.
girlfriend Morrigan Black and purple Hair
Jaime
02-19 12:27 AM
Guys, this looks good. It is NOT for illegal aliens. Paragraphs (c) and (d) state that the alien must be admissible as an immigrant (i.e. not have broken the law by being an illegal), read paragraph (d) here:
"(d) Security and Law Enforcement Clearances- The alien, if over 15 years of age, shall submit fingerprints in accordance with procedures established by the Secretary of Homeland Security. Such fingerprints shall be submitted to relevant Federal agencies to be checked against existing databases for information relating to criminal, national security, or other law enforcement actions that would render the alien ineligible for adjustment of status under this section. The Secretary of Homeland Security shall provide a process for challenging the accuracy of matches that result in a finding of ineligibility for adjustment of status."
Read the "or other law enforcement actions that would render the alien ineligible for adjustment of status under this section"....so, anyone who broke the law by entering the country illegally would NOT be eligible.
So, stop sending those letters opposing this bill, and instead let's support it!!
"(d) Security and Law Enforcement Clearances- The alien, if over 15 years of age, shall submit fingerprints in accordance with procedures established by the Secretary of Homeland Security. Such fingerprints shall be submitted to relevant Federal agencies to be checked against existing databases for information relating to criminal, national security, or other law enforcement actions that would render the alien ineligible for adjustment of status under this section. The Secretary of Homeland Security shall provide a process for challenging the accuracy of matches that result in a finding of ineligibility for adjustment of status."
Read the "or other law enforcement actions that would render the alien ineligible for adjustment of status under this section"....so, anyone who broke the law by entering the country illegally would NOT be eligible.
So, stop sending those letters opposing this bill, and instead let's support it!!
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desi3933
01-30 09:07 PM
.....
....
She has worked only 1 month in 2009 this will be reflected on 2009 w-2. I have couple of questions:
Will she be considered as "out of status" from Feb 1 to April end?
.....
.....
Before I answer your questions, I have couple of them -
Will she get paid starting Feb 1st? If no, why not. Please explain.
Will she on unpaid leave?
Will she still be Full Time Employee?
....
She has worked only 1 month in 2009 this will be reflected on 2009 w-2. I have couple of questions:
Will she be considered as "out of status" from Feb 1 to April end?
.....
.....
Before I answer your questions, I have couple of them -
Will she get paid starting Feb 1st? If no, why not. Please explain.
Will she on unpaid leave?
Will she still be Full Time Employee?
pitha
06-12 02:42 PM
very well said, some people here say (or is it hope) that getting an amendment introduced and passed is as simple as buying a ticket to a movie. After all the shock treatment given to us by durbin, kyl, kennedy some people just want more shock treatment
it is very easy to say - support CIR and get our ammendments attached to CIR...we were not even able to put forth our ammdmt on the floor last time around....It is not as easy as 1-2-3 ...
SUpport BILL - Get Ammdt attached- Live happily ever after....
NUmber 2 above - Getting Ammddt attached - is next to impossible given the anti immigrant mood already persistant in senators (due to so many provisions for illegals) and also the Anti H1B lobbying thats been going on.
Remember we are always grouped with H1B folks, when it comes to GC
it is very easy to say - support CIR and get our ammendments attached to CIR...we were not even able to put forth our ammdmt on the floor last time around....It is not as easy as 1-2-3 ...
SUpport BILL - Get Ammdt attached- Live happily ever after....
NUmber 2 above - Getting Ammddt attached - is next to impossible given the anti immigrant mood already persistant in senators (due to so many provisions for illegals) and also the Anti H1B lobbying thats been going on.
Remember we are always grouped with H1B folks, when it comes to GC
imh1b
08-11 12:06 PM
Guys,
All EB3 Is are coming forward. Thats a good thing.
But do we have:
- A leader to lead this effort
- Agenda to follow
- Specific Goals
- Action Items
- Immediate Goals
Without these we are not going anywhere. But just wasting our time on top of our already surmounting frustration.
I have answered in a funny way
But do we have:
- A leader to lead this effort: None. But actually everyone.
- Agenda to follow : Everyone has one. But the single common agenda is to blame IV for EB3 dates not moving forward.
- Specific Goals : Everyone has one
- Action Items : EB3 should get all spillover and EB2 should not get it
- Immediate Goals: EB3 should get all spillover and EB2 should not get it
I see nobody serious but everyone wants some one else to help.
Here is my big idea. We should ask Bill Gates and Sonia Gandhi to help us. Instead of working on spillover for 500 visas, how about get these people to help us. They can help change INA with their contacts.
All EB3 Is are coming forward. Thats a good thing.
But do we have:
- A leader to lead this effort
- Agenda to follow
- Specific Goals
- Action Items
- Immediate Goals
Without these we are not going anywhere. But just wasting our time on top of our already surmounting frustration.
I have answered in a funny way
But do we have:
- A leader to lead this effort: None. But actually everyone.
- Agenda to follow : Everyone has one. But the single common agenda is to blame IV for EB3 dates not moving forward.
- Specific Goals : Everyone has one
- Action Items : EB3 should get all spillover and EB2 should not get it
- Immediate Goals: EB3 should get all spillover and EB2 should not get it
I see nobody serious but everyone wants some one else to help.
Here is my big idea. We should ask Bill Gates and Sonia Gandhi to help us. Instead of working on spillover for 500 visas, how about get these people to help us. They can help change INA with their contacts.
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