Senin, 20 Juni 2011

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  • trueguy
    12-17 02:31 AM
    Guys, Plz vote





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  • desi3933
    03-19 05:10 AM
    * AILA�s Business Litigation Comm. Re: Neufeld memo*by*H-1 Cap Blog (http://www.h1cap.com/?p=121)
    The American Immigration Lawyers Association (AILA) has a Business Litigation Committee (BLC) and we met this week and the hot topic of discussion was the recently released Neufeld memo. There is a strong belief that the memo was issued in violation of the Administrative Procedures Act. There is also the belief that the memo violates long-standing precedent and established law. It is believed that there are numerous industry groups as well as individual companies that may be pursuing litigation on this matter. The BLC is in the process of working with the American Immigration Council to create a special section within its clearinghouse service http://www.legalactioncenter.org/litigation-clearinghouse (http://www.h1cap.com/blocked::http://www.legalactioncenter.org/litigation-clearinghouse) specifically dedicated to collecting and posting relevant documents and information on this issue. This will allow all interested parties to be kept up to date on efforts being made to address this policy. We are looking for information regarding actual litigation as well as significant meetings, letters, etc. to USCIS officials as well as Congressional members on this topic. We will then organize the relevant documentation and make it available for access by others. If you are interested in participating in this clearinghouse effort, please keep us updated on your efforts. contact mfh@hammondlawfirm.com for additional info.

    Any update on this? Any legal update?

    It seems no one is talking about this memo anymore.


    .





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  • snathan
    01-17 04:59 PM
    Hi Guys,

    Please join the donor forum. We got some direction and plan how to go about this. We can not post the message in the open forum. We need trusted volunteer to work on this. Please send me your phone number and contact details in pvt message. pls check the donor forum for updates.





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  • justAnotherFile
    07-18 08:57 AM
    Several of us are not sure if our early July applications will be accepted or rejected (although common-sense says that a rejected application should be back in our hands by now, who can predict the system anymore).

    This tracker is verify how many applications were rejected in early July.

    Date Delivered To USCIS:
    Time Delivered To USCIS:
    Service Center: TSC, NSC etc.
    Rejected: Yes/No/Dont Know

    My Data
    --------
    Date Delivered To USCIS: July 2
    Time Delivered To USCIS: 11:15 AM
    Service Center: TSC
    Rejected: Dont Know



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  • MetteBB
    06-08 11:51 AM
    woooops... guess my spelling should undergo re-construction ;) will fix that straight away!


    /mette





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  • gc28262
    03-10 05:27 PM
    We are already exploring this route. You might have seen Pappu's response on two strategies we are exploring for break down by category/country of birth for every quarter.

    Please ask the person who ever worked with Senator Kyl's office to get in touch with us via PM.

    I would like to speak with this person asap to know more about the background behind this effort.

    I let him know by email. It seems he is not online right now. Pappu has his info.



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  • meandmygc
    07-16 03:50 AM
    Signed





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  • DesiGuy
    09-17 10:58 AM
    folks, we have come this far, let's be optimist and patient.

    there are only 5 ot 6 (judicairy) members, but the front benches seem full (with chatty ppl)

    no volume though



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  • days_go_by
    01-29 04:58 PM
    01/29/2007: Special Alert: DOL Submitted "Final" Regulation of Substitution Elimination Rule to OMB on 01/26/2007

    * Since this is a final rule, upon approval by OMB, the elimination of substitution and 45-day validity of certified labor certification will be triggered. Take this message as a very special alert! This rule will not only eliminate substitutition on the OMB approval and release in the Federal Register but also kill the certified labor certification unless it is used within 45 days from the date of certification! Please stay tuned to this web site reporting.
    * The planned implementation day appears to be April 2007. But it can be earlier!





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  • petepatel
    09-17 11:23 AM
    It is on now



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  • Libra
    07-18 10:30 AM
    I would say, we should take the web fax created by numberUSA and answer each and every point of it in red and bold and then fax to all senetors. Some senetors who are neutral on legal immigration will know exactly whats going on with these anti-immigrants.





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  • gene77
    08-11 11:41 AM
    EB3-I, Oct 19 2004.

    God bless us all in EB3.



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  • GCAmigo
    02-05 04:35 PM
    eb3_nepa's request is valid in the context that spouse of an L1 can take up any Job.. & the spouse of the proposed 'Blue Card" can take up any job.. why not a H4?





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  • srini1976
    01-17 12:18 PM
    Please count me in.

    Not only is this memo discriminatory this kind of news (some folks call it rumour) has been going on for almost an year and no one bothered to believe it until this memo was released and few good attorneys like Ron Gotcher (followed by others recently) have openly posted news on Newark aiport and openly condemned the memo

    Please stop arguing and lets all work together for all H1Bs(remember most of the folks entered the US on this specific visa type and now its pay back time). Do not fight I am L1 or EAD etc. Sooner or later it will affect all...Its coming ..so act faster now. If this continues for a while - majority of the smart folks will prefer to move on.

    This is just my interpretation - US is no more the US it used be and attitude towards potential future immigrants (specifically for one country) is certainly changing..

    One more to add - I do not want to deviate from the main topic but would like to share my comments. Stop/Delete all threads on compaints from H1B/EAD folks on public forums(example: employer not paying what should I do, No paystubs what to do, how to enter the US with status issues) we are actually feeding the beast with all these topics..hope everyone understands..As the situation is changing we need to change accordingly.



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  • hoolahoous
    10-23 12:45 PM
    you can document (some emails/documents indicating that job loss was possible) that you had to move because of things out of your control, i.e. you had intentions of working but because of situation you had to move, then you will be fine.

    same things apply if you are laid off soon after getting GC.
    i learned not to make career decisions based on "potential" future problems.




    -------------------------------------
    i am not a lawyer and don't consider my advice as legal advice.





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  • gchandu
    01-19 08:39 AM
    Hi snathan

    Please count me in for money or time or anything to fight on this. Can you please point me or share me the infor on this new rule /memorandum of employer-employee relationship...

    Thanks



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  • Leo07
    12-03 10:14 AM
    Paid membership irrespective of the amount of payment will drive away the people. With all dues respect to IV, there are defintely other places where you can get good(if not better) information for free.
    Strength of online communities is always the members...the higher the members the better.

    Having said that, I kind of disagree with the punishing the wrong answers with a $5.00...most of the answers in these forums are people experiences and they are not legal professionals. People will not be able to share the experiences openly/freely. I think, it's the responsibility of the questioner to pick the right answer and donate for the value that he/she deems the question is worth.

    My thoughts...anyways..





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  • axp817
    03-31 01:22 PM
    If in 485 denial it is due to ability to pay and they state so in 485 denial and you were paid labor wage from priority date until you left and were eligible for ac21 then the denial would not have been in error and you would be fine.

    I assume you meant to say "denial would have been in error".





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  • nik.patelc
    04-08 04:04 PM
    Yes status has been changed to : Current Status: Request for Additional Evidence Sent.

    There is no information about RFE.

    Also SOFT LUD on April 6 after RFE update on April 3. I wonder why they would update my cases twice in 3 days.
    Anyone can know what could it be?





    RandyK
    11-06 11:50 AM
    Senator Grassley sponsored H-1B Supplemental Fee legislation which the Senate passed but collapsed at the conference a few days ago. Yesterday, in the "unrelated" "Farm" Bill session, the Senator requested a ten-minute time and made the following statement on the Senate floor. Abstract of the statement -"It Ain't Over T'll It is Over."

    Mr. President, earlier this year, the Senate tried to solve the very complex and emotional issue of immigration reform. The immigration bill we considered included border security, interior enforcement, and amnesty. It also included many needed reforms to our legal immigration process. I said throughout the debate that Congress needs a long-term solution to the immigration issue. We cannot pass a bandaid approach that includes a path to citizenship for law breakers; rather, Congress needs to improve our legal immigration channels. I firmly believe companies want to hire legal workers, and people want to enter the United States legally. If we fix our visa policies, we can restore integrity to our immigration system, and all parties can benefit. But if we cannot pass a comprehensive bill--and I think as time goes on it is going to look more difficult as we go into an election year--if we cannot pass such a comprehensive bill, I think that we should consider passing legislation we can agree on. I am taking the floor at this time to talk about the H-1B visa provisions that were included in the immigration bill and ask my colleagues to take a second look at these needed reforms. Many companies use H-1B programs. It has served a valuable purpose. But we need to reevaluate how this program operates and work to make it more effective. The H-1B program was officially created in 1990, although we have brought foreign workers legally into our country for over 30 years. It was brought into existence to serve American employers that needed high-tech workers. It was created to file a void in the U.S. labor force. The visa holders were intended to file jobs for a temporary amount of time, while the country invested in American workers to pick up the skills our economy needed. We attached fees to the visas that now bring in millions of dollars. These fees and the dollars that come with it are invested in training grants to educate our own workforce. We use the funds to put kids through school for science, technology, engineering, and math skills. We provide students with scholarships with the hope that they will replace imported foreign workers. Unfortunately, the H-1B program is so popular, it is now replacing the U.S. labor force rather than supplementing it. The high-tech and business community is begging Congress to raise or eliminate the annual cap that currently stands at 85,000 visas each year. These numbers do not include and account for those who are exempt from the cap. For instance, we don't count employees at institutions of higher education or nonprofit research organizations. We don't count those who change jobs or renew their H-1B visa. My point is, we have many more than 85,000 H-1B visas distributed each year. I am here to tell my colleagues that increasing the visa supply is not the only solution to the so-called shortage of high-tech workers. Since March of this year, the Senator from Illinois, Mr. Durbin, and I have taken a good look at the H-1B visa program. We have raised issues with the Citizenship and Immigration Service as well as the Department of Labor. We have asked questions of companies that use the H-1B visa, and I have raised issues with attorneys who advise their clients on how to get around the permanent employment regulations. I would like to share what I have learned. I want to give some fraud and abuse examples. Unfortunately, there are some bad apples in the H-1B visa program. In 2005, a man was charged with fraud and misuse of visas, money laundering, and mail fraud for his participation in a multistate scam to smuggle Indian and Pakistani nationals into the United States with fraudulently obtained H-1B visas. The man created fictitious companies, often renting only a cubicle simply to have a mailing address. He fabricated tax returns and submitted over 1,000 false visa petitions. Another man pled guilty last August to charges of fraud and conspiracy. This man and an attorney charged foreign nationals thousands of dollars to fraudulently obtain H-1B visas. He provided false documents to substantiate their H-1B petitions. The Programmer's Guild, a group representing U.S. worker interests, filed over 300 discrimination complaints in the first half of 2006 against companies that posted ``H-1B visa holder only'' ads on job boards. Anyone can go on the Internet and find jobs that target H-1B visa holders. There are more than just national anecdotes, however. Everyday Americans are affected. Since looking into the H-1B visa program, some of my constituents have come to me and spoken out against abuses they see. One of my constituents has shared copies of e-mails showing how he is often bombarded with requests by companies that want to lease their H-1B workers to that Iowan. There are companies with H-1B workers who are so-called ``on the bench,'' meaning they are ready to be deployed to a project. Hundreds of foreign workers are standing by waiting for work. Some call these H-1B ``factory firms.'' This Iowan even said one company went so far as to require him to sign a memorandum of understanding that helps the H-1B factory firm justify to the Federal Government that they have adequate business opportunity that requires additional visa holders. It is a complete falsification of the market justification for additional H-1B workers. These firms are making a commodity out of H-1B workers. They have visa holders but are looking for work. It is supposed to be the other way around. There should be a shortage or a need, first and foremost. Then and only then do we allow foreign workers to fill these jobs temporarily. Another constituent sent me a letter saying that he saw firsthand how foreign workers were brought in while Iowans with similar qualifications were let go. He tells me he is a computer professional with over 20 years experience. He was laid off and has yet to find a job. He states: I believe [my employer] has a history of hiring H-1B computer personnel at the expense of qualified American citizens. Another Iowan from Cedar Falls wrote in support of our review of the H-1B program. He is a computer programmer with a master's degree and over 20 years of work experience in that field. He says: Despite all of my qualifications, in the last four years I have applied to over 3,700 positions and have received no job offers. He believes he is in constant competition with H-1B visa holders. I received a letter from a man in Arizona who works for a company that employs dozens of H-1B workers. When he asked his supervisor why so many foreign nationals were being hired, the head of human resources said: If the company has an American and a person from India, both with the same skill set, the company will hire the person from India because they can pay them less. These are firsthand stories from U.S. workers. I ask those begging for an increase in foreign workers to explain these cases to me. Why are Americans struggling to get jobs as software developers, data processors, and program analysts? Senator Durbin and I inquired with several foreign-based companies that use the H-1B program. Rather than sending a letter to all companies that use the program, which would be over 200 companies, we decided to start our investigation with foreign-based entities. Our intention was to learn how foreign companies are using our visas. We learned that the top nine foreign-based companies used 20,000 visas in 2006. Think of what a high percentage that is of the 85,000, just nine foreign-based companies, 20,000 visas in the year 2006. I say that twice for emphasis. It just so happens that Indian companies are using one-third of the available visas we allocate each year, but there is more to learn. We are not done asking questions. We, meaning Senator Durbin and I, continue to talk to U.S.-based companies and companies in our own States that use the program. The Citizenship and Immigration Service also has concerns. Our review has prompted discussion among the executive branch, businesses, labor unions, and workers, and workers are the ones we are concerned about. So we are not the only ones asking questions. The U.S. Citizenship and Immigration Service is also worried about fraud in the program. This agency's investigative arm, that subdivision called the Fraud Detection and National Security unit, is doing a fraud assessment of the H-1B and L visa programs. I asked the unit to brief my staff on their work, and they reported they are not finished with analyzing the data. Senator Collins of Maine and I put the agency on notice that we are anxiously awaiting this report so we may continue our quest to reform the program appropriately. In the meantime, the bill Senator Durbin and I introduced includes measures to rein in the abuse. It goes a long ways to close some loopholes to protect American workers. It is our hope that these measures will bring the program back to its original mission; that is, to help U.S.-based companies find highly skilled workers to fill the shortage for a temporary period of time. That is what the H-1B visa program is all about. Under current law, companies can bring in foreign workers on an H-1B visa without first attempting to hire an American.





    hopefulgc
    03-13 09:34 AM
    could you please post the link to it. I can't find it. thanks



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