
Some of the posts here about Canada are nonsensical and based on pure myth. If one can't make it in Canada then one cannot make it in any other G8 country other than the US (where things are relatively easy) and their home country.
Many top US companies are expanding operations to Canada. Its begs the question of why they would do that if the US already exists and there is "nothing" in Canada. Why would someone subject themselves to an indefinite lifetime of indentured servitude and unease over some green card which with the ever worsening circumstances of the US economy does not have bright prospects considering it might take 5 to 10 years to get a GC? The US dollar continues to drop in value day by day yet some do not ask themselves why it is doing so. Even the Canadian dollar has made some of its highest gains against the US dollar recently. China continues to lend the US billions of dollars to an economy which is severely indebted that it is inevitable taxes will have to go up significantly in the next couple of years. US gas prices are predicted to hit $4 a gallon this summer. The truth is that the US too has major problems but some are quick to attack other countries without all the taking into consideration the glaring and gloomy outlook on the future of the US.
For others it is not entirely about the money but the peace of mind one has. One cannot equate the value of freedom to money which is what a Canadian PR affords one who comes into the country not to mention the opportunities. Those aimlessly attacking Canada and making ridiculous claims about the same, probably have never been to or lived in Canada before. If you have the right experience, qualifications and are well spoken there will not be an issue getting a well paying job in Canada.
The following are just some excerpts from the CIA world fact book, which by the way is a US government agency which pulls no punches :
As an affluent, high-tech industrial society in the trillion-dollar class, Canada resembles the US in its market-oriented economic system, pattern of production, and affluent living standards.
Given its great natural resources, skilled labor force, and modern capital plant, Canada enjoys solid economic prospects. Top-notch fiscal management has produced consecutive balanced budgets since 1997
Exports account for roughly a third of GDP. Canada enjoys a substantial trade surplus with its principal trading partner, the US, which absorbs about 85% of Canadian exports. Canada is the US' largest foreign supplier of energy, including oil, gas, uranium, and electric power.
Many top US companies are expanding operations to Canada. Its begs the question of why they would do that if the US already exists and there is "nothing" in Canada. Why would someone subject themselves to an indefinite lifetime of indentured servitude and unease over some green card which with the ever worsening circumstances of the US economy does not have bright prospects considering it might take 5 to 10 years to get a GC? The US dollar continues to drop in value day by day yet some do not ask themselves why it is doing so. Even the Canadian dollar has made some of its highest gains against the US dollar recently. China continues to lend the US billions of dollars to an economy which is severely indebted that it is inevitable taxes will have to go up significantly in the next couple of years. US gas prices are predicted to hit $4 a gallon this summer. The truth is that the US too has major problems but some are quick to attack other countries without all the taking into consideration the glaring and gloomy outlook on the future of the US.
For others it is not entirely about the money but the peace of mind one has. One cannot equate the value of freedom to money which is what a Canadian PR affords one who comes into the country not to mention the opportunities. Those aimlessly attacking Canada and making ridiculous claims about the same, probably have never been to or lived in Canada before. If you have the right experience, qualifications and are well spoken there will not be an issue getting a well paying job in Canada.
The following are just some excerpts from the CIA world fact book, which by the way is a US government agency which pulls no punches :
As an affluent, high-tech industrial society in the trillion-dollar class, Canada resembles the US in its market-oriented economic system, pattern of production, and affluent living standards.
Given its great natural resources, skilled labor force, and modern capital plant, Canada enjoys solid economic prospects. Top-notch fiscal management has produced consecutive balanced budgets since 1997
Exports account for roughly a third of GDP. Canada enjoys a substantial trade surplus with its principal trading partner, the US, which absorbs about 85% of Canadian exports. Canada is the US' largest foreign supplier of energy, including oil, gas, uranium, and electric power.
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This is very true. When your passport is from a 3rd world country they give you such a hard time.

Agreed this is discrimination, what stops us from fighting this discrimination using legal class action lawsuit? Is it the money required or did a lawsuit fail earlier that inhibits us to file class action lawsuit?
It is the law. You can try to sue congress.
INA: ACT 202 - NUMERICAL LIMITATION TO ANY SINGLE FOREIGN STATE
(a) Per Country Level. -
(1) Nondiscrimination. -
(A) Except as specifically provided in paragraph (2) no person shall receive any preference or priority or be discriminated against in the issuance of an IV because of the person's race, sex, nationality, place of birth, or place of residence.
(B) Nothing in this paragraph shall be construed to limit the authority of the Secretary of State to determine the procedures for the processing of IV applications or the locations where such applications will be processed.
(2) Per country levels for family-sponsored and employment-based immigrants. - Subject to 1a/ paragraphs (3), (4), and (5) the total number of IVs made available to natives of any single foreign state or dependent area under subsections (a) and (b) of section 203 in any FY may not exceed 7 percent (in the case of a single foreign state) or 2 percent (in the case of a dependent area) of the total number of such visas made available under such subsections in that fiscal year.
(3) Exception if additional visas available. - If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a) and (b) of section 203 for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during the remainder of such calendar quarter.
It is the law. You can try to sue congress.
INA: ACT 202 - NUMERICAL LIMITATION TO ANY SINGLE FOREIGN STATE
(a) Per Country Level. -
(1) Nondiscrimination. -
(A) Except as specifically provided in paragraph (2) no person shall receive any preference or priority or be discriminated against in the issuance of an IV because of the person's race, sex, nationality, place of birth, or place of residence.
(B) Nothing in this paragraph shall be construed to limit the authority of the Secretary of State to determine the procedures for the processing of IV applications or the locations where such applications will be processed.
(2) Per country levels for family-sponsored and employment-based immigrants. - Subject to 1a/ paragraphs (3), (4), and (5) the total number of IVs made available to natives of any single foreign state or dependent area under subsections (a) and (b) of section 203 in any FY may not exceed 7 percent (in the case of a single foreign state) or 2 percent (in the case of a dependent area) of the total number of such visas made available under such subsections in that fiscal year.
(3) Exception if additional visas available. - If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a) and (b) of section 203 for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during the remainder of such calendar quarter.
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people went to see another guy taking oath too, who caused recent genocide in Iraq.. Indian PMs are way better than that asshole. Atleast they are only corrupt and dont cause genocide.
:mad:
are you sure?? or did you mean that they did not have the means to make that much damage??? US could afford Bush because, see what is happening now... an almost perfect young and highly motivated guy is cleaning up the mess. but that is not the case in india. each one leaves the office with more mess.
:mad:
are you sure?? or did you mean that they did not have the means to make that much damage??? US could afford Bush because, see what is happening now... an almost perfect young and highly motivated guy is cleaning up the mess. but that is not the case in india. each one leaves the office with more mess.

When some of us raised the issue of project managers from Indian IT companies applying under EB1 and using up those visas which would trickle over to EB2 and EB3, we were scoffed at. Some even questioned as to why these people cannot apply under "Multi-national executive" category, as they are "Multi-national" managers.
These guys misrepresent the number of people reporting to them (same managers in the same portfolio uses the same number of people to show in the application as reporting to them. This is true "reuse"), also "reuse" the portfolio value (how can 3-4 managers from the same client account be responsible for x million dollar business) and crooked company attorneys make up a stellar resume and case to file for them. The attorney pay comes from the employee's pocket.
Otherwise how would you explain the sudden rise in EB1 filings and a quota which never used to be over in previous years suddenly has cut-off dates.
If we keep quiet, these same clowns will use up all the visas and smirk at us for filing in the "lower" categories. What a backdoor to a green card! :mad:
These guys misrepresent the number of people reporting to them (same managers in the same portfolio uses the same number of people to show in the application as reporting to them. This is true "reuse"), also "reuse" the portfolio value (how can 3-4 managers from the same client account be responsible for x million dollar business) and crooked company attorneys make up a stellar resume and case to file for them. The attorney pay comes from the employee's pocket.
Otherwise how would you explain the sudden rise in EB1 filings and a quota which never used to be over in previous years suddenly has cut-off dates.
If we keep quiet, these same clowns will use up all the visas and smirk at us for filing in the "lower" categories. What a backdoor to a green card! :mad:

My lawfirm just sent everyone an official memo stating the possibility of retrogression sometime in July and that they are working overtime to get all the cases filed at the earliest...They are saying that there is no guarantee that the 485 application will be accepted if DOS decides to retrogress dates in July....
What a nightmare these current dates on July bulletin are turning out to be. Instead of feeling relaxed, I am frustrated. I wish I had fired my lawyer the day the bulletin came out and done everything myself. I could have been ready now with fedex packets. The thing is, you dont want to start picking fights with everyone especially when the lawyer is not even hired by you but hired by company's HR department. So I kept quiet and was prepared to see my application go out on the 25th. And now, after denying that "it wont happen, it wont happen", all the lawyers are suddenly doing a flip-flop and saying "Oh, by the way, anything can happen". WTF ???
ARRGHHHHGGGHHH !!!!!!!!!!!!!
What a nightmare these current dates on July bulletin are turning out to be. Instead of feeling relaxed, I am frustrated. I wish I had fired my lawyer the day the bulletin came out and done everything myself. I could have been ready now with fedex packets. The thing is, you dont want to start picking fights with everyone especially when the lawyer is not even hired by you but hired by company's HR department. So I kept quiet and was prepared to see my application go out on the 25th. And now, after denying that "it wont happen, it wont happen", all the lawyers are suddenly doing a flip-flop and saying "Oh, by the way, anything can happen". WTF ???
ARRGHHHHGGGHHH !!!!!!!!!!!!!

I presume the decrease in labour filing in 2008 might be a possibility due to the offshore Indian companies which shifting to H1B sponsorship instead of L1 sponsorship. Because most of the L1s being rejected with these companies recently. So they switching to H1 sponsorship. And obviously they normally dont sponsor GC. So this is just my thinking on why the labor filings decreased in 2008 compared to 2007.
http://www.myvisajobs.com/reports/Sponsor/Top500_h1b_visa_sponsor_2005.pdf
There is the added restriction that the employer has to now pay for PERM. SOme employers may have some way of working around this, but it definitely has an impact in reducing the number of applications.
http://www.myvisajobs.com/reports/Sponsor/Top500_h1b_visa_sponsor_2005.pdf
There is the added restriction that the employer has to now pay for PERM. SOme employers may have some way of working around this, but it definitely has an impact in reducing the number of applications.
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Just because one guy is pointing out fraud in H1b he is not anti immigrant. Can you call entire congress is anti immigrant just for passing TARP restriction unanimously? But still we are optimistic of getting support from congress for EB reform. 99% of H1bs will not be impacted by this memo if that is implemented properly. For example even if USCIS does not approve h1b because he is having multiple layers of H1b still that position will be open and that can be filled by H1b person who is placed directly. The person who impacted by this memo will suffer a few weeks and he will find another job. Basically it will not impact H1b program or H1b persons. Even after the memo many H1bs were approved with third party consulting. Can you tell any denial based on the memo? But I am seeing many RFEs for H1b applications without client letter. That is normal and no one complaints about that
Do you mind to tell us in which category you got your GC?
Do you mind to tell us in which category you got your GC?

...
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There is a lot of debate going on here, about how Canada and Australia have a better immigration system because they are points-based self-petition systems compared to employer-petition system here in US.
I believe the employer-petition system is still the best system to implement for immigration. Its complicated, long and provides breeding ground for exploitation. But that is the ONLY way to ensure that the workforce is not oversupplied with labor and the immigrants who can gather points actually have the ability to get jobs.(look at Canada where Ph.Ds who aced the points sytem are inept in real world and drive taxicabs and blame the Canadian Government).
If I score 100 points out of required 50 or 60 points for Canada, its all meaningless if I am inept and cannot get a job. However, I would contribute to my own well-being and to the workforce and economy if I can find a job and an employer willing to petition, even if I score 25 points out of required 50 or 60.
US has the best immigration system and I believe the employer petition is the best method for adjudication. However, it has its problems in terms of delays due to bureaucratic inefficiencies and inadequate annual quotas. If Australia, France, Germany are going to adopt the Canadian model of points-based system, its not goint to help them or the ones who go there.
I believe the employer-petition system is still the best system to implement for immigration. Its complicated, long and provides breeding ground for exploitation. But that is the ONLY way to ensure that the workforce is not oversupplied with labor and the immigrants who can gather points actually have the ability to get jobs.(look at Canada where Ph.Ds who aced the points sytem are inept in real world and drive taxicabs and blame the Canadian Government).
If I score 100 points out of required 50 or 60 points for Canada, its all meaningless if I am inept and cannot get a job. However, I would contribute to my own well-being and to the workforce and economy if I can find a job and an employer willing to petition, even if I score 25 points out of required 50 or 60.
US has the best immigration system and I believe the employer petition is the best method for adjudication. However, it has its problems in terms of delays due to bureaucratic inefficiencies and inadequate annual quotas. If Australia, France, Germany are going to adopt the Canadian model of points-based system, its not goint to help them or the ones who go there.

I don't agree with your arguement. Spillover can happen in any quarter and you don't need to wait until the last quarter for it to happen. with EB1 and EB2 being current, the spillover into EB2 I and C will start from November/December of 2008 itself
What makes you so sure the spillover can happen in the first quarter? Is there an example in the last 10 years? You may have forgot Feb. 2008 bulletin. If what you say is true, why it was U for EB2-I on Feb. 2008? No one in USCIS can take the responsibility if the spillover in first quarter causes EB2 RoW with cutoff date later, as they can't predict if there will be enough(or not) applicants to fullfill the quota. Therefore, spillover can only happen at 4th quarter. Unless if there's really mininum of usage, then it may start at 3rd quarter, but I don't think it will ever happen at 1st quarter.
Here is the Feb 2008 bulletin.
http://travel.state.gov/visa/frvi/bulletin/bulletin_3925.html
INDIA EMPLOYMENT SECOND PREFERENCE HAS BECOME “UNAVAILABLE”
Despite two retrogressions of the India Employment Second preference cut-off date, demand for numbers by CIS Offices for adjustment of status cases has remained extremely high in recent months. As a result the annual limit for the India Employment Second preference category has been reached, and the category has become “unavailable” effective immediately.
What makes you so sure the spillover can happen in the first quarter? Is there an example in the last 10 years? You may have forgot Feb. 2008 bulletin. If what you say is true, why it was U for EB2-I on Feb. 2008? No one in USCIS can take the responsibility if the spillover in first quarter causes EB2 RoW with cutoff date later, as they can't predict if there will be enough(or not) applicants to fullfill the quota. Therefore, spillover can only happen at 4th quarter. Unless if there's really mininum of usage, then it may start at 3rd quarter, but I don't think it will ever happen at 1st quarter.
Here is the Feb 2008 bulletin.
http://travel.state.gov/visa/frvi/bulletin/bulletin_3925.html
INDIA EMPLOYMENT SECOND PREFERENCE HAS BECOME “UNAVAILABLE”
Despite two retrogressions of the India Employment Second preference cut-off date, demand for numbers by CIS Offices for adjustment of status cases has remained extremely high in recent months. As a result the annual limit for the India Employment Second preference category has been reached, and the category has become “unavailable” effective immediately.
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How does one check the comments left along with red and green dots?
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As a person you are offended that I made comment based on what you said in one post without considering your whole lifestory. India's history is out there for everybody to see and most educated indians know pretty well what kind of a nation India is.
However, you managed to compare India with Nazi Germany. Great job. Based on 1 incident, you managed to slam a great nation like India.
---For one second hold on your patriotism for India. What kind of greatness did you find in India? Supreme court orders to share the water between TN and Karnadaka. But state of karnataka don't obey the court order. Everytime TN has to beg for water. Same is true with Kerala. Bihari, peoples can not go and work in Maharastra; It is shame that happens in same country. why Bihar to Maharastra? You can not bring the TN labors just live 2 km from kerala border to work in tea estate in Kerala where communist has strong union to protest the job taken away by other state labors. Here we are talking about restriction on H1B. It is just two examples of millions of social, economical, political problems in India.
...
But when it comes to you you want many factors considered. Why the double standard?
Then there are some wacko job politician from TN that says if Prabhakaran is hurt , they will separate from India. All they need is read back to early years of post independence India and a person named Vallabh Bhai Patel. There are still people with similar capacity in India, that will bring such wacko jobs and their supporters in control.
Remember, same goes true for the wacko jobs from Maharashtra too who say Maharashtra is for Marathi's.
-----Are you following what we are discussing? We are not talking about Maratha for Marathi or Tamilnadu for Tamils.
Don't compare 1971 Bangladesh with current day Srilanka, if you can think straight.
----May we know why one should not compare India's role in Bangladesh with SL?.
The problem with SL issue, most of the Indians consider this issue as a "Tamil" issue rather than "Indian" issue.Thats why, though severity and number of life lost in SL is much greater than bangladesh, people ask this type of question.
Flag burnig is a criminal offense in India, just FYI.
---
However, you managed to compare India with Nazi Germany. Great job. Based on 1 incident, you managed to slam a great nation like India.
---For one second hold on your patriotism for India. What kind of greatness did you find in India? Supreme court orders to share the water between TN and Karnadaka. But state of karnataka don't obey the court order. Everytime TN has to beg for water. Same is true with Kerala. Bihari, peoples can not go and work in Maharastra; It is shame that happens in same country. why Bihar to Maharastra? You can not bring the TN labors just live 2 km from kerala border to work in tea estate in Kerala where communist has strong union to protest the job taken away by other state labors. Here we are talking about restriction on H1B. It is just two examples of millions of social, economical, political problems in India.
...
But when it comes to you you want many factors considered. Why the double standard?
Then there are some wacko job politician from TN that says if Prabhakaran is hurt , they will separate from India. All they need is read back to early years of post independence India and a person named Vallabh Bhai Patel. There are still people with similar capacity in India, that will bring such wacko jobs and their supporters in control.
Remember, same goes true for the wacko jobs from Maharashtra too who say Maharashtra is for Marathi's.
-----Are you following what we are discussing? We are not talking about Maratha for Marathi or Tamilnadu for Tamils.
Don't compare 1971 Bangladesh with current day Srilanka, if you can think straight.
----May we know why one should not compare India's role in Bangladesh with SL?.
The problem with SL issue, most of the Indians consider this issue as a "Tamil" issue rather than "Indian" issue.Thats why, though severity and number of life lost in SL is much greater than bangladesh, people ask this type of question.
Flag burnig is a criminal offense in India, just FYI.
---
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Absolutely. To amway guys:- No means NO/NOT INTERESTED.. PERIOD.. I don't care whether you were flipping burgers or dream to become a millionaire. Do it yourself . Just don't harass people. Next time you will be arrested if you harass people.
Nobody harassing anyone. You are doing it to yourself. If you are not interested why would they bother you?
Arrested?? make me laugh...please go ahead.
Nobody harassing anyone. You are doing it to yourself. If you are not interested why would they bother you?
Arrested?? make me laugh...please go ahead.
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If all IMV memebers ever come to form a political party, people like you should be avoided. For you it's all love for YSR..where as for others it's not about YSR or CBN. It is about there values and what they stand for against (corruption, blood politics, land grabbing and so forth..)
Since you dont have your GC details filled in your profile, I would assume your interest in this website is not related to immigration. You might come back arguing that your GC process is about to start or this is public forum and anyone can post anything.
Now, looking at the pattern of your postings, you seem to bash YSR, Jagan clan of people. (Not that I like them)..It looks like you have other political interests in this bashing as against genuine concern for people, 'coz you dont seem to acknowledge that TDP is a corrupt party. I am sure you are a pro-TDP, pro-NTR,NBK(iether by caste or whatever).
If what I think you are is what you are, then its people like you who are responsible for the rise of these kind of politicians.
Since you dont have your GC details filled in your profile, I would assume your interest in this website is not related to immigration. You might come back arguing that your GC process is about to start or this is public forum and anyone can post anything.
Now, looking at the pattern of your postings, you seem to bash YSR, Jagan clan of people. (Not that I like them)..It looks like you have other political interests in this bashing as against genuine concern for people, 'coz you dont seem to acknowledge that TDP is a corrupt party. I am sure you are a pro-TDP, pro-NTR,NBK(iether by caste or whatever).
If what I think you are is what you are, then its people like you who are responsible for the rise of these kind of politicians.
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Fact - My 485 has not ben filied yet, still on mercey of Employer after giving them all the paperwork. My PD was current for June filing.
Rumour - The dates have been retrogressed already for July as USCIS already recd enough applications to fullfill the remaining visa number for this fiscal year. Also USCIS officers visited IV and could sense the number of applications that will pile up on July 1st hence they decided to retrogress and release the dates on Month to month basis.
Does this make sense !!
Rumour - The dates have been retrogressed already for July as USCIS already recd enough applications to fullfill the remaining visa number for this fiscal year. Also USCIS officers visited IV and could sense the number of applications that will pile up on July 1st hence they decided to retrogress and release the dates on Month to month basis.
Does this make sense !!
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Please read this news on New media about the immigration and housing crising
here is the link
http://www.buffalonews.com/149/story/476302.html
here is the link
http://www.buffalonews.com/149/story/476302.html
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he should be thankful to Indian Embassy... just imagine what would have happened to him if he was from a country west of India :-)
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I myself wanted to have my greencard NOW!!!
Unfortunately, I have to wait until there is a visa available.
Whether there is a shortcoming on their law here, as aliens, we should also respect the law just like their citizens.
Congress is the only one who could make changes to their existing laws and if they can't do it, bad luck to us.
Their hands are tied.
USCIS cannot do anything because they are just following the law.
Class action is a very big thing and I've read alot of responses here as if filing for a class action is like going to walmart and complain about a defective item you just bought.
I'm not a lawyer but I'm working for a law firm which gives me some idea how the legal system works.
CLASS ACTION AGAINST USCIS? My god, you have no idea what you're talking about.
Unfortunately, I have to wait until there is a visa available.
Whether there is a shortcoming on their law here, as aliens, we should also respect the law just like their citizens.
Congress is the only one who could make changes to their existing laws and if they can't do it, bad luck to us.
Their hands are tied.
USCIS cannot do anything because they are just following the law.
Class action is a very big thing and I've read alot of responses here as if filing for a class action is like going to walmart and complain about a defective item you just bought.
I'm not a lawyer but I'm working for a law firm which gives me some idea how the legal system works.
CLASS ACTION AGAINST USCIS? My god, you have no idea what you're talking about.
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.
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.
This memo is a Blow Job to the anti-immigrant lobby and is politically motivated. Although this won't effect people using EAD but there are number of people who are waiting to file I-485 and would need to extend H1-Bs.
Lets fight for the rights. A picture perfect example of "protectionism". This memo won't be a doom for Skilled workers but for USA.
Skill have no boundaries and would find a way to success, if not in USA, somewhere else.
Lets fight for the rights. A picture perfect example of "protectionism". This memo won't be a doom for Skilled workers but for USA.
Skill have no boundaries and would find a way to success, if not in USA, somewhere else.