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  • alterego
    07-13 02:25 PM
    the better way is to mention: 1) eb3 with earlier PD (before the end of 2005), the prevailing wage category was set higher, i.e, salary $60K fell in eb3 in 2004 but could be in eb2 in 2006. 2) LC based eb3 should be processed before perm based eb2, as the processing time for this step should be weighted to be evaluated in a bit fair way.

    Now point number 2 is a suggestion worth some thought and which might get some traction. I am not sure whether it would require a legislative fix.

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  • Rayyan
    01-08 11:35 AM

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  • mrajatish
    04-08 11:39 PM
    I think we all agree that H1B visa needs reform. But reform has to stop the abuse of the system, not break the system itself.

    1. How can we ever defend a reform that prevents H1B holder from performong services for another client? Does that mean Deloitte, IBM, BCG, Mckenzie will not be able to employ any foreign national any more?

    2. How can we mandate that someone, who might have their labor and 140 approved, has to go through a certification process to renew H1 for the same job?

    These are some of the many things wrong with this bill. If Senator Durbin wants to really make "American workers first; H1B abuse limited" work, he might attempt to do the following:

    1. Free up the system such that a temporary worker can certify himself/herself for a job position for a few years (aka EAD for 3 years without being tied to an employer). The employer has to pay the same prevailing wage etc.

    2. Do not abuse the worker by asking him/her to pay for Social Security and Medicare when you call him "temporary" worker. H1B workers should be exempt from such taxes till they file 485 (Adjustment of status).

    And there are many more that I can think of that makes sense. Hope we, as a group, can prevail upon the good sense of the U.S. congress and pass meaningful reform, not a hogwash.

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  • Ramba
    08-05 03:35 PM
    Wow ! So you are saying that no one qualifies for EB2 after 2004 !

    I kindly disagree.

    I am not saying no one qualified. Most of the Eb3 jobs requirements were modified to EB2 to cut-short the EB3 line. Then, why every employer (particularly in IT) files EB2 LC, than EB3 after 2005? Why does DOL is autiting EB2 requirements for IT/Engineering jobs now?. Before 2004, even if employers requires MS+4 years or BS+8 years DOL approves the LC. Why they don't do now? It is just everyone wants to go for EB2, if they have that qualification.


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  • paskal
    07-08 05:45 PM

    The outstanding questions, i guess, are:

    They allotted the visa numbers prior to actual approvals. This contravened their clearly stated policy. In fact the ombudsman mentions this policy and suggests change. If they allotted the numbers prematurely, and are still in the process of approving those petitions and sending out the decisions...should the numbers have remained current UNTIL THE LAST PETITION IS APPROVED?
    One could argue that per USCIS policy and stated process the visa numbers are still available till that day- a petition could be rejected at the last moment- sending a number back to the pool....

    the other question is- did they allot >81% of the numbers (27% per quarter) even before the fourth quarter began? Can they allot numbers on sunday while not accepting applications that day because they are "closed" thus denying petitioners from getting in while the numbers are current?

    i would be surprised if they went over the country cap- they have treated that as religion of late.

    the dates for india/china will only move after EB3 ROW becomes current. any ideas how far that is?

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  • nogc_noproblem
    08-05 01:35 PM
    A guy in a bar was talking about how he always watched his wedding video backwards.

    When asked why, he replied:

    "Coz I love the end bit where she takes the ring off her finger, goes back down the aisle, and jumps in the car and disappears..."


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  • Vsach
    08-08 08:09 PM

    In addition to what everyone else has recommended please contact Zoe Lofgren and seek help from Prakash the ombudsman and a personal meeting with Director Gonzales.

    All the best!


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  • nixstor
    08-10 07:55 PM

    Did any one watch Lou this evening? I switched on the TV and I saw H1B visa on the back ground and Lou was just done thanking a guy for being on the network. What was that about?


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  • Mani
    07-14 01:06 AM
    Eliminating concurrent filing of I-140 & I-485 could provide some short term relief for backlogged categories. But again, this would impact new filers in getting their EAD. Any short term solution isn't going to help all EB3 and EB2 folks. The bottom line is that we have limited number of visas and the demand is always greater than the supply. This issue isn't going go away. We will continue to be in this dog eat dog situation until supply is increased (Backlogged Countries Vs ROW, Legal vs Illegal Immigration & now EB2 vs EB3). Please continue to push for Lofgren bills which could get us out of this mess.

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  • oliTwist
    12-24 02:05 PM
    How old is the technique of discrediting my links to win the argument. Of course, if I tell you of all the atrocities of Indian army in Kashmir, or punjab, or assam, to you I am a muslim, and my default I hate India. Of course, it wouldn't matter if good old amnesty internationl would raise a red flag against india...

    wait they have raised a red flag a million times, anybody paying attention, or just shaking head in disbelief?
    or you do not want to loose your right to dance on murder of muslims had it not been a country like India where Modis, advanis, uma bhartis can roam freely....
    ...oh wait, but India also denies any trials against in military in Kashmir, so they can do what they want, and never be challenged in court of law, and amnesty's report goes to garbage, because this is Hindu india, and minorities like Sikhs, Bodos, muslims, dalits, dravidians will have to put up with their hegemony...

    ... and yes, if somebody losses his mind because his home has been bulldozed by indian army, or women raped and murdered ... he will be branded terrorist and shot.

    ... but of course this is a rambling of muslim, and all muslims are terrorists, and all hindus are protector of bharat mata, so when a hindu kills a muslim, he kills a terrorist, but if a muslim rebels in lack of justice and equality, he is a terrorist.... it's a fair game!

    I know you must have left the forums by now. But I find it interesting how you are being misled by the so called leaders in India itself. Check this column by Tarun Vijay Check out the differences between Shabana and other muslim leaders on the forum. Interesting!


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  • Emerson
    04-07 04:55 AM
    Durbin Grassley bill was timed to be introduced on April 2nd. It was thought, designed, planned and drafted well in advance before anybody would have known the date or time of when the H visa quota will exhaust. So there is no point in repeatedly saying that this bill is the result of quota finishing on day 1.

    It is not a zero sum game that how many H visas Microsoft or Google or Intel got. And highly skilled immigrants working in these companies are not the only genius around. There is a lot of talent on H visa working in other companies. Microsoft is a responsible company and they understand that there just aren’t enough college graduates produced by the US universities. H visa holders contribute towards innovation helping the nation’s economy and they indirectly contributing towards progress even when not directly working for Microsoft or Google or Intel etc.

    As administrator mentioned, this bill was being planned by the lobby groups working against H visa program for years. Here is a link dated 1999 showing that people have been working to end H visa program for long time.

    This bill is the work of same group of people and it does pose a real threat to H visa program.

    H1 quota finished because of many reasons including:
    1.) Companies waited for 1 year to hire someone they wanted to hire from outside. Last year also H1 quota did finish in April. So there was a backlog for some companies to hire people with specific talent.
    2.) For some companies, green card backlog creates an incentive to hire on H visa. Trends suggest that US worker will most likely leave job with couple of years in IT sector. However, due to green card backlog, H1s cannot leave or change jobs for 6-10 years. This creates an incentive for “some” companies to hire on H visa. Solution to the problem is to fix green card backlog. If companies will know that H visa employee too could get green card in couple of years and could potentially leave, this incentive will get eliminated.
    3.) The notion of something being scares creates added demand for it. This is what we are seeing with H visa quota.

    This is a good discussion, please contribute to this discussion. I am here to learn.

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  • pete
    04-09 11:37 AM
    The job description can be put in the way that points to your plus points. If you go the Harvard Biz. school you will have those. I dont think they want you to leave. There will be other avenues out there.

    I am all for cleaning the system and reforming H1B - but I oppose an ill conceived half measure such as the one Senator Durbin/Grassley is proposing.

    My main concern is two fold:
    1. Let us assume I am a very bright individual and I am currently in Harvard. If I graduate from Harvard Business School, and I want to join McKenzie, can I do that? Can I ever be a Management consultant in US if I want to (read I as any random Joe who is not US citizen/GC holder)

    2. Can I switch jobs within a couple of weeks if I need to (I refers to someone who works for a good company but perceives opportunities else where) - this is important as my competition (US citizen/GC holder) has no restriction in place for them. This is also important during recession when I might be a valuable asset to another company but the company cannot afford to wait.

    My point is: definitely prevent abuse of the system, but not by putting more shackles on the hapless employee. Give the employee freedom to move anywhere for a certain period of time (could be 3 yrs renewable 2 times as per current H1b) and have strict penalties if this employee overstays visa etc.

    Additionally, if employers abuse the system, send them to jail right away (and have whistle blower immigrant status protection). Make employers more accountable than they are today.

    Just my 2 cents.....


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  • unitednations
    03-26 03:24 PM

    So whats the way out for people who get into this situation ? Find a job with a non-consulting company and start everything H1/GC from scratch ?


    what i have learned is uscis can do anything at any time if they want to.

    They have different legal cases that they would use if they thought companies/people were doing things that they didn't like. From all the research/cases I have seen, come across; I concluded that uscis could apply these cases to everyone if they wish.

    However; they do not apply it to everyone.

    The h-1b defnesor vs. meissner is something that california service center has beendoing for many, many years and everyone has adjusted to it who file through california.

    However; vermont never used that case. Now; they are using that case as a justification to deny h-1b's across the board for staffing companies because they think there is a lot of fraud involved in the petitions. Califiornia; doesn't apply the case becasue they think there is fraud but rather they are doing what they think is lawful.

    That's why I tell everyone that before you start getting into advoacy; you have to know all the powers that USCIS has and how they can really start making things difficult for everyone.

    Right now; they are not using that case on 140's. If they continue to see in 140 filings by a company that there has been more 140's filed then people on payroll (this will generally be the case as consultants come and go and use ac21) then there might be a shift.

    In last eight years; most of the public memos issued by uscis have been employee/candidate friendly. However, those memos can change at any time based on economic and political winds.

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  • alterego
    11-11 10:50 PM
    Americans are fair minded for the most part. They saw the propoganda of the far right for what it was. This election did not tilt on immigration, but on other issues. However the fact that the conservatives got zero traction from their hard line approach implies that the country was looking for a more comprehensive solution.
    I think that the american public does want secure borders and to some extent is unhappy with the status quo on the border. However they are also cognisant of the fact that immigrant labour benefits them and their lifestyles tremendously. They by and large do not favour a get tough only policy. They could easily embrace a policy where hardworking people can "earn their way" into the kingdom. Bipartisanship will perhaps show the way forward. Imagine those guys like Sensenbrenner,Tancredo would not even negotiate with the Senate or allow anything pro any kind of immigration to a general house vote taking advantage of their majority position by their "majority of the majority rule". They even actively stripped legal immigration provisions in conference last year. As for Sensenbrenner and his types. Lets see how much they enjoy being in the "minority of the minority" now, I guess the bulldog that chewed out the senators and cleaned his teeth with their bones is now but a mere poodle in the room! Gotta love elections in a democracy.


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  • Macaca
    08-07 07:38 PM
    Tougher Rules Change Game for Lobbyists ( By DAVID D. KIRKPATRICK New York Times, August 7, 2007

    WASHINGTON, Aug. 6 � H. Stewart Van Scoyoc, founder of one of the biggest lobbying firms in Washington, spent an anxious morning with his lawyer last week assessing the far-reaching ethics and lobbying rules Congress had passed the day before.

    The first worry was what lobbyists are calling the new �temptation rules.� Not only do they bar lawmakers and aides from accepting any gifts, meals or trips from lobbyists, they also impose penalties up to $200,000 and five years in prison on any lobbyist who provides such freebies.

    And worse still for Mr. Van Scoyoc, under the new law he is required to certify each quarter that none of the 50 lobbyists in his firm bought so much as a burger or cigar for someone on a lawmaker�s staff.

    �You are basically asking people to certify, with big penalties, that nobody has lied on their expense accounts,� Mr. Van Scoyoc said, marveling at the complexity of policing such casual contact between lobbyists and Congressional aides. �These are people who are sharing apartments together, playing on the same softball teams, each other�young people with active social lives.�

    The new law has quickly sent a ripple of fear through K Street. It comes amid signs that federal prosecutors are taking a newly aggressive approach to corruption cases � including treating campaign contributions as potential bribes.

    By requiring them to certify the good behavior of their employees, the law puts lobbyists at new legal risk and could subject them to new pressure from prosecutors. And new centralized disclosures of lobbyists� campaign contributions, fund-raising activities and even their achievements � in the form of Congressional earmarks in spending bills � make it only easier for federal investigators to paint unflattering portraits of lobbyists� influence.

    �It will be easier to connect dots,� said Ted Van Der Meid, a Washington lawyer who was counsel to Representative J. Dennis Hastert when he was House speaker. �Even if there shouldn�t be a connection, you are going to have to explain to them how the way they connected the dots is not what you intended. You are going to have to basically prove your innocence.�

    Stanley Brand, a longtime Washington defense lawyer who usually represents Democrats, said the law was a sea change. �It should send shivers down lobbyists� spines,� Mr. Brand said. �It is a minefield now.�

    These are hardly the first restrictions, of course. Internal rules already barred lawmakers or senior staff members from accepting a gift or a meal worth more than $50 from a lobbyist. But the rules were rarely, if ever, enforced and did not govern lobbyists.

    President Bush has not said whether he would sign the bill, but it is already changing the culture of Capitol Hill in myriad ways, beginning with more Dutch treats and fewer steak dinners.

    Lobbying firms are racing to train employees in the new rules. One firm, fearful that prosecutors might try to use the expanded disclosures to link official actions to campaign contributions, has sent letters to its clients advising them how to respond if a lawmaker brings up fund-raising in a conversation about policy or procurements. �We would love to have this conversation, but it would have to be at another time� is the short answer.

    One lobbyist, who would speak only anonymously to avoid attracting the attention of prosecutors or rivals, said he had started sending himself date-stamped e-mail to create a record of every phone conversation he had with a lawmaker. Then he stopped making campaign contributions.

    Another lobbyist recently scaled back the menu at a breakfast briefing for lawmakers, offering bagels and cream cheese instead of ham and eggs. The rules permit lobbyists to provide refreshment of �only nominal value.� The House ethics committee guidelines suggest �light appetizers and drinks, or soda and cookies,� a standard that is known as �the toothpick test.�

    The firm also advised a client distributing flashlights on Capitol Hill � to promote government openness � to make sure not only that they cost less than $10 each but also that they looked cheap, to avoid the appearance of impropriety.

    And the �staff briefing� � in which a lobbyist enticed Congressional staff members to hear a talk about some dry legislative concern by offering pizza � has become extinct. No one will come without the free food.

    Lobbyists complain that Congress is unfairly punishing them for the misdeeds of its own members, not to mention ruining the social lives of innocent and underpaid staff members.

    �All those people who grew up in the system � who aren�t evil-doers, just good people � used to be able to entertain and have fun,� lamented Jim Ervin, a veteran military industry lobbyist.

    Jan Baran, a longtime Republican lawyer whose clients include lobbyists, said: �There is a great deal of resentment. It�s �the devil made me do it,� and the devil this time happens to be lobbyists. They get tarred with corruption, and the next day they get mail from all the same lawmakers who are blaming lobbyists saying, �I have a fund-raiser next week � don�t forget to contribute!� �

    Many lobbyists say the rules pose dilemmas. Blocking them from buying dinners or trips for lawmakers, lobbyists say, will only force them to spend more time and money at political fund-raisers to get the same access.

    For lawmakers, one of the most contentious elements of the package is the requirement that candidates disclose the names of federally registered lobbyists who solicit and �bundle� contributions. But lobbyists say the recognition may only encourage them to bundle. Ties to lawmakers are calling cards for clients.

    �That is not going to be viewed as the mark of Cain or anything,� Lawrence O�Brien III, a Democratic lobbyist and fund-raiser, said dryly. �It could be perceived as bragging rights.�

    Other lobbyists, though, worry that prosecutors� new tactics could make fund-raising more perilous. In plea agreements involving the lobbyist Jack Abramoff and former Representative Randall Cunningham, prosecutors have treated certain campaign contributions as bribes for official favors, something almost never done before.

    For lobbyists � who live at the nexus of contributions and favors � it is an alarming trend. �They might as well just pull up the paddy wagon outside the Capital Grille,� one lobbyist said, referring to a clubby steakhouse near the Capitol that is a well-known K Street hangout.

    Between the ban on buying dinners and the scrutiny of fund-raising, �It is a lose-lose situation,� said James Dyer, a lobbyist at Clark & Weinstock.

    A self-described �earmarks guy� who specializes in spending items, Mr. Dyer said the new rules were an invitation to scandal hunters. For the first time, the law will require disclosure of both the lawmakers who sponsor such items and the campaign contributions of the lobbyists who seek them.

    �It is a road map that says, �Hey, come look at me; I have got my name against an earmark,� � he said.

    Some loopholes exist. At the annual Aerospace Industries Association trade show in Paris last month, for example, military contractors treated a gaggle of senators to luxurious receptions at galleries, parks and hotels � all permitted under an exception for �widely attended events.�

    But John W. Douglass, the group�s president, said the new rules were putting a damper on such events. �Who wants to go to a hot, crowded cocktail party,� Mr. Douglass said, �and have to worry every time the guy brings the hors d�oeuvres tray up, �Should I do this or not?� �

    Still, some lobbyists and lawyers wondered privately how long the new carefulness would last.

    At the Capital Grille the evening after final passage of the new lobbying bill, private wine lockers by the door still bore the names of several prominent lobbyists. Two mounted stag heads were the only sentries policing the dimly lit bar. Shaking a Belvedere Vodka martini for a lone defense contractor, a bartender leaned in to offer his thoughts.

    �What happens at the Capital Grille,� the bartender said, �stays at the Capital Grille.�

    Fundraisers Tap Those Who Can't Say No ( 'Bundlers' Look to Associates, Employees for Campaign Cash By Matthew Mosk Washington Post Staff Writer, August 7, 2007
    Draining the 'Swamp' Is Not So Easy ( Skeptics Question Bite of Ethics Rules By Elizabeth Williamson Washington Post Staff Writer, August 7, 2007

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  • wellwishergc
    07-11 11:27 AM
    Is your GC approved now?


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  • NKR
    03-28 04:48 PM
    how is owning a house a simple pleasure ?? it is a complex pleasure when yr residential status itself is not guranteed.
    you can give more pleasure to yr family when you rent.

    the bubble that we saw and are seeing is once in a life time event - it will never happen in USA for a long long time (in most places). it will happen more in places like bombay (2 bubbles in last 2 decade).

    you just have to read financial websites to see the enormity of the problem. some are super worst scenarios and some are bad scenarios I guess most likely outcome is somewhere in between(in terms of recession ) and RE market -- i.e. drop of 10 to 25 %. for 300K house that would be 30 thousand minimum.
    when u rent it gives you tons of mobility ..which people don't understand (especially house wives). being able to rent near my job and again move when my company sends me somewhere (or other similar situations) ..that std of living - I can never get by owning a million dollar house. and renting is not throwing money esp in these times (say $250 is prop tax, 200 extra due to commutes / yardwork / utilities, 200 more in HOA, insurance etc + maintenance etc etc)
    when you add couple $100 to the above you get a place to rent --without worrying much as to what yr kids draw on the walls. plus if u invest the diff in diversified funds would get more peace of mind.
    In the end though it depends on personal situation ... but rushing to buy now on EAD is bad idea is never good idea to catch a falling knife.
    ofcourse if you have tons and tons of money and don't mind taking a loss then sure ..Buy. not just here maybe buy another house in India / Bahamas etc ...

    Let me just ask you one question. Assume that the house prices start to rise again, everything comes back to normal and it is the right time to buy a house. Would you then buy a house if you still do not have a GC and you are on EAD.

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  • riva2005
    05-16 01:37 PM
    How wonderful that congress is finally introducing constructive bills to prevent 'consultants' mainly (but not only) from India from clogging up the H-1B visa system for honest skilled workers. The H-1B program is clearly intended for people WHO HAVE A SOLID FULL-TIME JOB OFFER AT THE TIME OF FILING THE APPLICATION. The whole body-shopping/visa abuse phenomenon is just disgusting. I wouldn't cry if any and all kinds of 'consultancy' activity were banned from the H-1B program. Someone stated that then they 'might as well lower the cap to 10.000/year'. Obviously not true. This bill clears out the infested issues of people illegally taking up visas on false premises. Good work!

    Part of the title of this thread reads 'even H-1 renewal will be impossible'. That is just priceless. No, H-1B renewal will be impossible IF YOU ARE NOT HERE BASED ON HONEST CIRCUMSTANCES. Anyone with trouble renewing H-1Bs after this bill should get a real job or leave if they are not up to that task.

    There are certain members who are intransigent about their support for the Durbin-Grassley bill.

    Majority of them are supporting Durbin-Grassley not because they believe that consulting a lower kind of work compared to full-time employment but because they have themselves never felt the need for consulting companies.

    Now, if in the future, the H1 quota were to go up significantly and if the economy would go into recession like in 2001 and 2002, then a lot of these folks who think that consulting is not "Honest" work would actually get laid off due to downsizing and they will be the first ones trolling to get a H1 quickely. And in those times, only the consulting companies will do an H1 transfer and save their asses from getting out of status and out of country. At such a point in time, the highly elite people here on this forum who think that consulting is not "honest and hard work" and only full-time employees are the real workers will have a very very different view of Durbin-Grassley bill.

    The good times and good economy offers us luxury of slinging mud on the lesser mortals in consulting jobs but bad times in economy can put you right at the place where you are slinging mud.

    So if you get your GC without ever needing to beg a consulting shop to quickely get you an H1 transfer to change your status during layoff season and economic recession, then good for you. You will have a luxury of sticking to your position in opposing Durbin-Grassley. Otherwise, I am pretty sure the Durbin-Grassley will look like a very bad deal to you too and you will flip-flop in your position.

    So enjoy the good times and take potshots at consultants while you can afford to.

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  • sanju
    12-20 07:02 PM
    Religions reminds me of trunk monkey. Folks from WA state will know what I am talking about.


    12-27 05:26 PM
    I believe one more time - our spineless creatures/politicians - wasted chance of cleaning up terrorist camps - at least for now

    08-05 11:03 AM
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