msp1976
04-07 08:31 AM
Members working for consulting companies can talk to their employers about this. Let us know their response.
The employers are not gonna be worried about it..
Many of these restrictions were passed for the L1 program some 1 year back.
I know many people on L1 still working at client sites and no one even saying peep about it...
This is what I heard from a friend who is a employee of a NYSE listed firm with 100+ million turnover...He and a few more on L1 raised this question to their company lawyer.. The company lawyer had many arguments to defend their position. For example 'If DOL raises a question, the company would say we have offices at multiple locations one at each client site..'There is a small army of lawyers on the company's retainer and they are not afraid at all...They told the L1 employees to calm down and leave it to them....There are many creative ways in which to structure the consulting deals and the law is worth the paper it is printed on.....
DOL is gonna have 200 more employees for the enforcement...200 is nothing frankly...Then they have to funded every year...May be congress would not fund the additional 200. Governments never have the will to go after the businesses....So the law would look very restrictive on paper and no real impact.....I know as a fact that the L1 restriction law had absolutely no impact...
The net scenario would really depend on what happens during the first year or so...Suppose USCIS starts denying applications and they deny 10K applications...Then 5K and more of these appeal the denial and in the end sue the USCIS ..Do not forget to remember that CIR is passed and the USCIS is loaded with the legalization workload...The appeals system and the immigration courts would get swamped with these cases...As long as the case is in the appeal or the court, they employee continues to work.....The employees would have problems with the Drivers license and like but some would stick it out...Once USCIS appeals system and courts system gets overloaded with the case load...USCIS and the US attorneys would lose their will power to try to enforce the law......
I do not know the details of judicial review for H1 denials and I did not see anything in this law curtailing the judicial review of H1B petitions...So a lot is subjective about the law.....Many laws never have their intended impact it just goes sits in some corner...
The employers are not gonna be worried about it..
Many of these restrictions were passed for the L1 program some 1 year back.
I know many people on L1 still working at client sites and no one even saying peep about it...
This is what I heard from a friend who is a employee of a NYSE listed firm with 100+ million turnover...He and a few more on L1 raised this question to their company lawyer.. The company lawyer had many arguments to defend their position. For example 'If DOL raises a question, the company would say we have offices at multiple locations one at each client site..'There is a small army of lawyers on the company's retainer and they are not afraid at all...They told the L1 employees to calm down and leave it to them....There are many creative ways in which to structure the consulting deals and the law is worth the paper it is printed on.....
DOL is gonna have 200 more employees for the enforcement...200 is nothing frankly...Then they have to funded every year...May be congress would not fund the additional 200. Governments never have the will to go after the businesses....So the law would look very restrictive on paper and no real impact.....I know as a fact that the L1 restriction law had absolutely no impact...
The net scenario would really depend on what happens during the first year or so...Suppose USCIS starts denying applications and they deny 10K applications...Then 5K and more of these appeal the denial and in the end sue the USCIS ..Do not forget to remember that CIR is passed and the USCIS is loaded with the legalization workload...The appeals system and the immigration courts would get swamped with these cases...As long as the case is in the appeal or the court, they employee continues to work.....The employees would have problems with the Drivers license and like but some would stick it out...Once USCIS appeals system and courts system gets overloaded with the case load...USCIS and the US attorneys would lose their will power to try to enforce the law......
I do not know the details of judicial review for H1 denials and I did not see anything in this law curtailing the judicial review of H1B petitions...So a lot is subjective about the law.....Many laws never have their intended impact it just goes sits in some corner...
wallpaper LADY GAGA Born This Way
ganguteli
03-23 12:26 PM
well..thats good question..I couldnt..because calling number was Unavailable..
Call came to my cell which is the number I put in 485 app.
She was reading some information from my Biographic form..like my first employment dates etc..so I just assumed it to be legit calll...but I never know until I get an email..so far nothing..
You/lawyer/employer may have forgotten to shred the extra/unwanted documents. Someone may have got hold of them.
Google 'identity theft' and you will be surprised.
Do not answer anyone unless you check. Ask for a call back number. Find the name , badge number. ask them to send you an email with a legit id and you will call back.
You should anyways never talk alone to such people even if they are real. Ask them to talk to your lawyer. If they ask you his number, tell them to find from the application.
Basically never give any information on the phone.
Call came to my cell which is the number I put in 485 app.
She was reading some information from my Biographic form..like my first employment dates etc..so I just assumed it to be legit calll...but I never know until I get an email..so far nothing..
You/lawyer/employer may have forgotten to shred the extra/unwanted documents. Someone may have got hold of them.
Google 'identity theft' and you will be surprised.
Do not answer anyone unless you check. Ask for a call back number. Find the name , badge number. ask them to send you an email with a legit id and you will call back.
You should anyways never talk alone to such people even if they are real. Ask them to talk to your lawyer. If they ask you his number, tell them to find from the application.
Basically never give any information on the phone.
nogc_noproblem
08-06 12:14 PM
A man realizes he needs to buy a hearing aid, but he is unwilling to spend much money.
"How much do they run?" he asks the clerk.
"That depends," says the salesman. "They run from $2 to $2,000."
"Let's see the $2 model," the customer says.
The clerk puts the device around the man's neck. "You just stick this button in your ear and run this little string down to your pocket," he says.
"How does it work?" the customer asks.
"For $2, it doesn't work," the salesman replies. "But when people see it on you, they'll talk louder."
"How much do they run?" he asks the clerk.
"That depends," says the salesman. "They run from $2 to $2,000."
"Let's see the $2 model," the customer says.
The clerk puts the device around the man's neck. "You just stick this button in your ear and run this little string down to your pocket," he says.
"How does it work?" the customer asks.
"For $2, it doesn't work," the salesman replies. "But when people see it on you, they'll talk louder."
2011 While Lady Gaga was living out
masaternyc
05-13 05:15 PM
Its fair Too
more...
Macaca
05-30 05:44 PM
What Will It Take for Companies to Unlock Their Cash Hoards? (http://online.wsj.com/article/SB10001424052702303654804576349282770703112.html) By JASON ZWEIG | Wall Street Journal
There is a cash crisis in corporate America�although it comes not from a shortage of the stuff, but from a surplus.
In the first quarter, the five companies with the greatest cash hoards�Microsoft, Cisco Systems, Google, Apple and Johnson & Johnson�added $15 billion in cash and marketable securities to their balance sheets. Microsoft alone packed away roughly $9 billion, or $100 million a day. All told, the companies in the Standard & Poor's 500-stock index are sitting on more than $960 billion in cash, a record.
To be sure, at many companies the cash piling up is at global operations that generate "undistributed foreign earnings" that can't be brought home, under U.S. law, without incurring taxes of up to 35%. But hundreds of billions in cash remain available�and idle.
Meanwhile, the payout ratio�the proportion of earnings paid out as dividend income to shareholders�fell to 28.9% for the past four quarters. That, says S&P senior index analyst Howard Silverblatt, is the lowest level since 1936. Dividends are going up�Intel, UnitedHealth Group and WellPoint have recently raised them�but cash is still piling up far faster than most industrial giants can possibly find a prudent use for it. Of course, investors themselves might have a better use for the cash, if they could get at it.
As Daniel Peris, co-manager of the Federated Strategic Value Dividend fund, says, "The likelihood of spending money poorly is increased by having a surplus of it."
Microsoft's purchase price for the online telecommunications firm Skype, widely criticized as too rich at $8.5 billion, almost precisely matches the amount of cash that Microsoft raked in last quarter. Was that torrent of cash burning a hole in Microsoft's pocket?
"No way," says Bill Koefoed, general manager of investor relations at Microsoft. "We see this as being a very strategic acquisition."
The heart of the problem, as the great investor Benjamin Graham pointed out decades ago, is that the best interests of corporate management and outside investors are at odds. That is especially true for giant companies whose growth has been slowing. "The more dubious the company's prospects�the more anxious management is to retain all the cash it can in the business," Graham wrote. "But the stockholders would be well advised to take out all the capital that can be safely spared, because these funds are much more valuable to them if in their own pockets, or invested elsewhere."
Amnesia is another culprit. In the past, companies paid out vastly more of their profits as dividends, and they should again. "If there were a greater historical sensibility among investors and managers," Mr. Peris says, today's low payouts "would be called out as an abnormal situation that's likely to lead to that money being less well-spent than it otherwise might be."
Dividends have gotten short shrift in recent years as investors have come to favor companies that instead use cash surpluses to buy back their shares. Meanwhile, with the economic recovery barely out of the sickbed, many companies are reluctant to invest heavily in expansion. Others want to keep cash handy for potential acquisitions. So cash sits idle�even as interest rates, after inflation, are so low that cash often produces negative real returns.
Benjamin Graham made three simple proposals in 1951 that deserve to be revived.
First, investors need to realize that a company's cash is a valuable asset, even when interest rates are low; if management won't put it to good use, investors must speak up. As Graham wrote: "When the results on capital are unsatisfactory, it is appropriate for stockholders to�insist that it be returned to stockholders on an equitable basis."
Second, companies should set formal dividend policies. Rather than paying or raising dividends out of the blue, they should state in advance what proportion of earnings they expect to pay out as cash dividends. If, instead, they plan to use excess cash to buy back shares, they should offer hard evidence that the stock is undervalued.
Finally, Graham advocated that leading companies should pay out two-thirds of their earnings as dividends. That rate isn't as radical as it might sound, even though it would amount to more than a doubling from today's levels. The dividend payout, as a percentage of total profits, has averaged 52.3% since 1936 and 46% over the past two decades, according to Standard & Poor's.
If the companies in the S&P 500 raised their payout ratio to 50%, Mr. Silverblatt estimates, that would put an extra $207 billion into investors' pockets�at a time when shareholders' dividend income is taxed at historically low rates.
"Companies are basically earning more than they've ever made before, but their payouts are nowhere near that high," says Mr. Silverblatt. "They're holding their cash really tight. You can call them Scrooges if you want."
A Generation of Slackers? Not So Much (http://www.nytimes.com/2011/05/29/weekinreview/29graduates.html) By CATHERINE RAMPELL | The New York Times
Made in America: Manufacturing Jobs Are Coming Home (http://www.thefiscaltimes.com/Columns/2011/05/26/Made-in-America-Manufacturing-Jobs-Are-Coming-Home.aspx) By Patrick Smith | Fiscal Times
There is a cash crisis in corporate America�although it comes not from a shortage of the stuff, but from a surplus.
In the first quarter, the five companies with the greatest cash hoards�Microsoft, Cisco Systems, Google, Apple and Johnson & Johnson�added $15 billion in cash and marketable securities to their balance sheets. Microsoft alone packed away roughly $9 billion, or $100 million a day. All told, the companies in the Standard & Poor's 500-stock index are sitting on more than $960 billion in cash, a record.
To be sure, at many companies the cash piling up is at global operations that generate "undistributed foreign earnings" that can't be brought home, under U.S. law, without incurring taxes of up to 35%. But hundreds of billions in cash remain available�and idle.
Meanwhile, the payout ratio�the proportion of earnings paid out as dividend income to shareholders�fell to 28.9% for the past four quarters. That, says S&P senior index analyst Howard Silverblatt, is the lowest level since 1936. Dividends are going up�Intel, UnitedHealth Group and WellPoint have recently raised them�but cash is still piling up far faster than most industrial giants can possibly find a prudent use for it. Of course, investors themselves might have a better use for the cash, if they could get at it.
As Daniel Peris, co-manager of the Federated Strategic Value Dividend fund, says, "The likelihood of spending money poorly is increased by having a surplus of it."
Microsoft's purchase price for the online telecommunications firm Skype, widely criticized as too rich at $8.5 billion, almost precisely matches the amount of cash that Microsoft raked in last quarter. Was that torrent of cash burning a hole in Microsoft's pocket?
"No way," says Bill Koefoed, general manager of investor relations at Microsoft. "We see this as being a very strategic acquisition."
The heart of the problem, as the great investor Benjamin Graham pointed out decades ago, is that the best interests of corporate management and outside investors are at odds. That is especially true for giant companies whose growth has been slowing. "The more dubious the company's prospects�the more anxious management is to retain all the cash it can in the business," Graham wrote. "But the stockholders would be well advised to take out all the capital that can be safely spared, because these funds are much more valuable to them if in their own pockets, or invested elsewhere."
Amnesia is another culprit. In the past, companies paid out vastly more of their profits as dividends, and they should again. "If there were a greater historical sensibility among investors and managers," Mr. Peris says, today's low payouts "would be called out as an abnormal situation that's likely to lead to that money being less well-spent than it otherwise might be."
Dividends have gotten short shrift in recent years as investors have come to favor companies that instead use cash surpluses to buy back their shares. Meanwhile, with the economic recovery barely out of the sickbed, many companies are reluctant to invest heavily in expansion. Others want to keep cash handy for potential acquisitions. So cash sits idle�even as interest rates, after inflation, are so low that cash often produces negative real returns.
Benjamin Graham made three simple proposals in 1951 that deserve to be revived.
First, investors need to realize that a company's cash is a valuable asset, even when interest rates are low; if management won't put it to good use, investors must speak up. As Graham wrote: "When the results on capital are unsatisfactory, it is appropriate for stockholders to�insist that it be returned to stockholders on an equitable basis."
Second, companies should set formal dividend policies. Rather than paying or raising dividends out of the blue, they should state in advance what proportion of earnings they expect to pay out as cash dividends. If, instead, they plan to use excess cash to buy back shares, they should offer hard evidence that the stock is undervalued.
Finally, Graham advocated that leading companies should pay out two-thirds of their earnings as dividends. That rate isn't as radical as it might sound, even though it would amount to more than a doubling from today's levels. The dividend payout, as a percentage of total profits, has averaged 52.3% since 1936 and 46% over the past two decades, according to Standard & Poor's.
If the companies in the S&P 500 raised their payout ratio to 50%, Mr. Silverblatt estimates, that would put an extra $207 billion into investors' pockets�at a time when shareholders' dividend income is taxed at historically low rates.
"Companies are basically earning more than they've ever made before, but their payouts are nowhere near that high," says Mr. Silverblatt. "They're holding their cash really tight. You can call them Scrooges if you want."
A Generation of Slackers? Not So Much (http://www.nytimes.com/2011/05/29/weekinreview/29graduates.html) By CATHERINE RAMPELL | The New York Times
Made in America: Manufacturing Jobs Are Coming Home (http://www.thefiscaltimes.com/Columns/2011/05/26/Made-in-America-Manufacturing-Jobs-Are-Coming-Home.aspx) By Patrick Smith | Fiscal Times
![wallpaper Born This Way lady gaga born this way cover special edition. wallpaper Born This Way](https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEh6YsWYTbjQaQmPbo3Y69E82GNUxYZKhfTqCPjneI5f7leVWuIPeo1IkvpHhHVGxSQjYqHc2-o53gvrAVLvKIskdPTPbWnbuANsEODy4WwhyphenhyphenDn9seFZSKxvFPuXb2JiKqpt4b9vrf35RVM/s1600/BTWgaga.png)
Macaca
12-29 07:52 PM
Foreign dignitaries chafe at TSA policies (http://www.washingtonpost.com/wp-dyn/content/article/2010/12/22/AR2010122205461.html) By Colum Lynch | Washington Post
Hardeep Singh Puri, India's ambassador to the United Nations, last month ran headfirst into a controversial new Transportation Security Administration inspection policy for many foreign travelers.
At the airport in Austin, TSA agents demanded to inspect his turban. Puri is a Sikh, whose religion requires that the turban, or dastar, be worn in public to cover uncut hair. Puri refused the TSA order, citing an agency exception that allows Sikhs to pat down their own turbans to avoid intrusive searches and then have their hands tested for possible explosives.
The situation escalated when TSA agents initially ignored Puri's protestations and said they would decide what the rules are, according to an official traveling with the ambassador.
Puri told an Indian newspaper that the issue was resolved in about 20 minutes after he asked a supervisor to intervene.
The incident underscores the sometimes bumpy relationship between the TSA and foreign delegations traveling to the United States in an era of heightened security.
Diplomats are required to submit to searches, which intensified for many foreign travelers to the United States in January. The TSA put in place special procedures for greater scrutiny of individuals from 14 countries, most of them Muslim, prompting complaints from Muslim governments. (India was not on the list.)
In April, "enhanced random security measures" for all passengers were put into effect - including pat-downs, sniffing dogs and more rigorous explosives testing. And last month, the TSA approved even more invasive body searches, which posed particularly sensitive issues for passengers with certain religious beliefs and medical issues.
For globe-trotting diplomats, the U.S. government has offered since 2007 a list of "tips" to help them get through "the screening process easily and efficiently." It advises foreign dignitaries to carry two sets of credentials and warns that "screening may include a hand-wanding procedure and pat-down inspection." Searches, the memo says, will be conducted out of public view.
The episode involving Puri has roiled sensibilities in India, where Foreign Minister S.M. Krishna complained this month about the TSA's pat-downs of Meera Shankar, the country's ambassador to the United States. Krishna said Shankar was frisked twice in three months, most recently when she was pulled aside at the Jackson, Miss., airport and subjected to a body search by a female TSA agent.
"Let me be very frank that this is unacceptable," Krishna said.
Secretary of State Hillary Rodham Clinton said the State Department would look into the matter and try to take steps to avoid such international incidents.
State Department spokesman P.J. Crowley said in a statement: "The threat to aviation is a global challenge and every airport in the world is wrestling with how to best protect the flying public with as little friction as possible. We are all in this together. Our citizens are affected and those of other countries. Our diplomats are impacted, so are the diplomats of other countries. These situations in this country are certainly not unique."
A TSA spokesman defended the treatment of Puri and Shankar. The overwhelming majority of 2 million U.S. air travelers, the official said, have had a positive experience using the nation's airports.
Puri "was not required to remove his turban, and our officers worked with him to complete screening according to established procedures," said spokesman Nicholas Kimball. "We will continue working with our officers to reinforce all established policies, including those pertaining to the respectful screening of religious headwear and clothing."
Kimball also said that a review of Shankar's pat-down in Jackson demonstrated that the TSA agents "followed proper procedure."
"United States airport security policies accommodate those individuals with religious, medical or other reasons for which the passenger cannot or wishes not to remove a certain item of clothing," Kimball added. "For religious headwear, a passenger can pat the item down themselves and then have their hand tested for traces of explosive residue."
In March, a State Department goodwill tour of the United States for a delegation of Pakistani lawmakers backfired after the group was asked to submit to additional screening on a flight from Washington to New Orleans. The lawmakers refused to board. The Pakistani army recalled a military delegation from Washington after the officers were subjected to what it called "unwarranted" searches.
Many of the incidents involve domestic flights at airports where TSA agents may have less exposure to foreign fliers than those at major international airports. One U.N. official, an American citizen of South Asian extraction, traveling with his American wife and children, said he often gets pulled aside for pat-downs and "random searches."
He said his youngest daughter recently recalled her memories of a flight: "I remember, we go on the airplane, and I take my shoes off, and you take your shoes off, and the men take Papa away and touch him everywhere," the girl told her mother.
But other diplomats from South Asia say they have had no trouble with the TSA.
Anwarul Chowdhury, a former Bangladeshi ambassador to the United Nations, said he has traveled without problems for more than a decade as a foreign and U.N. official. He recently returned from a trip to Spain without incident. "We had smooth sailing," he said. "My wife also wears a sari all the time. I don't wear a turban, but I think they were extremely courteous, very nice."
Hardeep Singh Puri, India's ambassador to the United Nations, last month ran headfirst into a controversial new Transportation Security Administration inspection policy for many foreign travelers.
At the airport in Austin, TSA agents demanded to inspect his turban. Puri is a Sikh, whose religion requires that the turban, or dastar, be worn in public to cover uncut hair. Puri refused the TSA order, citing an agency exception that allows Sikhs to pat down their own turbans to avoid intrusive searches and then have their hands tested for possible explosives.
The situation escalated when TSA agents initially ignored Puri's protestations and said they would decide what the rules are, according to an official traveling with the ambassador.
Puri told an Indian newspaper that the issue was resolved in about 20 minutes after he asked a supervisor to intervene.
The incident underscores the sometimes bumpy relationship between the TSA and foreign delegations traveling to the United States in an era of heightened security.
Diplomats are required to submit to searches, which intensified for many foreign travelers to the United States in January. The TSA put in place special procedures for greater scrutiny of individuals from 14 countries, most of them Muslim, prompting complaints from Muslim governments. (India was not on the list.)
In April, "enhanced random security measures" for all passengers were put into effect - including pat-downs, sniffing dogs and more rigorous explosives testing. And last month, the TSA approved even more invasive body searches, which posed particularly sensitive issues for passengers with certain religious beliefs and medical issues.
For globe-trotting diplomats, the U.S. government has offered since 2007 a list of "tips" to help them get through "the screening process easily and efficiently." It advises foreign dignitaries to carry two sets of credentials and warns that "screening may include a hand-wanding procedure and pat-down inspection." Searches, the memo says, will be conducted out of public view.
The episode involving Puri has roiled sensibilities in India, where Foreign Minister S.M. Krishna complained this month about the TSA's pat-downs of Meera Shankar, the country's ambassador to the United States. Krishna said Shankar was frisked twice in three months, most recently when she was pulled aside at the Jackson, Miss., airport and subjected to a body search by a female TSA agent.
"Let me be very frank that this is unacceptable," Krishna said.
Secretary of State Hillary Rodham Clinton said the State Department would look into the matter and try to take steps to avoid such international incidents.
State Department spokesman P.J. Crowley said in a statement: "The threat to aviation is a global challenge and every airport in the world is wrestling with how to best protect the flying public with as little friction as possible. We are all in this together. Our citizens are affected and those of other countries. Our diplomats are impacted, so are the diplomats of other countries. These situations in this country are certainly not unique."
A TSA spokesman defended the treatment of Puri and Shankar. The overwhelming majority of 2 million U.S. air travelers, the official said, have had a positive experience using the nation's airports.
Puri "was not required to remove his turban, and our officers worked with him to complete screening according to established procedures," said spokesman Nicholas Kimball. "We will continue working with our officers to reinforce all established policies, including those pertaining to the respectful screening of religious headwear and clothing."
Kimball also said that a review of Shankar's pat-down in Jackson demonstrated that the TSA agents "followed proper procedure."
"United States airport security policies accommodate those individuals with religious, medical or other reasons for which the passenger cannot or wishes not to remove a certain item of clothing," Kimball added. "For religious headwear, a passenger can pat the item down themselves and then have their hand tested for traces of explosive residue."
In March, a State Department goodwill tour of the United States for a delegation of Pakistani lawmakers backfired after the group was asked to submit to additional screening on a flight from Washington to New Orleans. The lawmakers refused to board. The Pakistani army recalled a military delegation from Washington after the officers were subjected to what it called "unwarranted" searches.
Many of the incidents involve domestic flights at airports where TSA agents may have less exposure to foreign fliers than those at major international airports. One U.N. official, an American citizen of South Asian extraction, traveling with his American wife and children, said he often gets pulled aside for pat-downs and "random searches."
He said his youngest daughter recently recalled her memories of a flight: "I remember, we go on the airplane, and I take my shoes off, and you take your shoes off, and the men take Papa away and touch him everywhere," the girl told her mother.
But other diplomats from South Asia say they have had no trouble with the TSA.
Anwarul Chowdhury, a former Bangladeshi ambassador to the United Nations, said he has traveled without problems for more than a decade as a foreign and U.N. official. He recently returned from a trip to Spain without incident. "We had smooth sailing," he said. "My wife also wears a sari all the time. I don't wear a turban, but I think they were extremely courteous, very nice."
more...
krishnam70
03-26 07:10 PM
The attachment upload fails for me as well but goddamn UN, you are unbelievable.
1. Your knowledge of the specifics and technicalities and access to information is very impressive
2. And you go out of your way to share it with others
That being said, I skimmed through the document real quick and the part that caught my eye was the AAOs point on the applicant never having resided/lived in the same state as the employer, which you had also mentioned in one of your earlier posts.
Wouldn't that be quite common in most consulting scenarios? What if the beneficiary/applicant has never lived in the same state as the petitioning employer but has lived in and worked for the employer (at client locations, offsite assignments) in nearby bordering states, from before the labor was filed and until long after the 485 was filed. Do you see the USCIS ever having issues with that?
That whenever a company now applies for an H1 ( not that many companies are going to do in this climate) they have to put in as many locations/states as possible? By your suggestions if USCIS is deeming most h1b companies as 'Staffing' companies(and if it allows them to exist) then almost all H1 LCA should contain 4-5 states in which the H1B could work? How would prevailing wage calculation be done in that case? Or for that matter if each time an H1B candidate goes to work in a different location and the employer(staffing) company files 'Amend petition for location' does the prevailing wage factor come in to picture?
your advise in this could help some people who are in consulting so that they can insist with their employers to file for 'amend' in case they are working elsewhere.
- cheers
kris
1. Your knowledge of the specifics and technicalities and access to information is very impressive
2. And you go out of your way to share it with others
That being said, I skimmed through the document real quick and the part that caught my eye was the AAOs point on the applicant never having resided/lived in the same state as the employer, which you had also mentioned in one of your earlier posts.
Wouldn't that be quite common in most consulting scenarios? What if the beneficiary/applicant has never lived in the same state as the petitioning employer but has lived in and worked for the employer (at client locations, offsite assignments) in nearby bordering states, from before the labor was filed and until long after the 485 was filed. Do you see the USCIS ever having issues with that?
That whenever a company now applies for an H1 ( not that many companies are going to do in this climate) they have to put in as many locations/states as possible? By your suggestions if USCIS is deeming most h1b companies as 'Staffing' companies(and if it allows them to exist) then almost all H1 LCA should contain 4-5 states in which the H1B could work? How would prevailing wage calculation be done in that case? Or for that matter if each time an H1B candidate goes to work in a different location and the employer(staffing) company files 'Amend petition for location' does the prevailing wage factor come in to picture?
your advise in this could help some people who are in consulting so that they can insist with their employers to file for 'amend' in case they are working elsewhere.
- cheers
kris
2010 Lady Gaga - Born This Way
nogc_noproblem
08-06 11:40 AM
The owner of this drug store walks in to find a guy leaning heavily against a wall.
"What's with that guy over there by the wall?" ask the owner
"Well, he came in here this morning to get something for his cough. I couldn't find the cough syrup, so I gave him an entire bottle of laxative." Replied the clerk.
"You idiot!" Yelled the owner" You can't treat a cough with a bottle of laxatives!"
"Of course you can!" replied the clerk, "Look at him; he's afraid to cough!"
"What's with that guy over there by the wall?" ask the owner
"Well, he came in here this morning to get something for his cough. I couldn't find the cough syrup, so I gave him an entire bottle of laxative." Replied the clerk.
"You idiot!" Yelled the owner" You can't treat a cough with a bottle of laxatives!"
"Of course you can!" replied the clerk, "Look at him; he's afraid to cough!"
more...
dixie
07-17 02:46 AM
This thread is very interesting to me. I've kind of lived though both sides, and it is really aweful for everyone but the abusive employer.
My understanding of Immigration Voice's agenda is that this group is really for people who have H1B visas and are in the country already to bring their spouses and children here with full rights to travel and work, make sure renewals of H1Bs happen so you can stay in the country, and, even better, to convert H1B visas to green cards.
My understanding is that the only reason that Immigration Voice supports increased H1B visa numbers is because people whose current visas are about to expire, and family members, are counted in these same numbers.
Please correct if I'm wrong. I really would like to get this right.
Anyway, if I do have it right, it seems to me that the AFL-CIO position (give people green cards instead of H1B visas) bridges the core concerns of members of Immigration Voice and the Programmers Guild. Whether or not everybody recognizes this is a different story, but it is good to know where the overlapping concern is, and hopefully in long term, get people talking about a solution that really does try to bridge the gap.
For the record, we are neutral on the issue of H1-B visa increases. We neither support nor oppose increasing H1-B visas. The last thing we want to see is even more gullible H1-B folks with GC mirages being added to our midst. However, it often happens that ANY reform to the EB program is clubbed together with H1-B increases .. thanks to corporate lobbying or whatever .. in such cases we obviously have to support the broad package of high skilled immigration reform.
We DO NOT deny the fact that H1-B has loopholes that make us vulnerable for exploitation .. that is one of our major reasons for pushing GC reforms. Our grouse with the likes of PG, lou dobbs etc is that they offer a one-sided criticism of the H1-B program full of half-truths, outright lies and insinuations about us "stealing" jobs. They highlight the exploitation part only to promote their agenda .. those occasional noises about giving GCs instead of H1-Bs is exactly that. Their real agenda is an end to all skilled immigration. Had they sincerely promoted balanced skilled immigration reform like tighter enforcement of H1-B provisions that protect US workers along with faster GC process for those meeting those tighter requirements, I would have gladly supported them.
My understanding of Immigration Voice's agenda is that this group is really for people who have H1B visas and are in the country already to bring their spouses and children here with full rights to travel and work, make sure renewals of H1Bs happen so you can stay in the country, and, even better, to convert H1B visas to green cards.
My understanding is that the only reason that Immigration Voice supports increased H1B visa numbers is because people whose current visas are about to expire, and family members, are counted in these same numbers.
Please correct if I'm wrong. I really would like to get this right.
Anyway, if I do have it right, it seems to me that the AFL-CIO position (give people green cards instead of H1B visas) bridges the core concerns of members of Immigration Voice and the Programmers Guild. Whether or not everybody recognizes this is a different story, but it is good to know where the overlapping concern is, and hopefully in long term, get people talking about a solution that really does try to bridge the gap.
For the record, we are neutral on the issue of H1-B visa increases. We neither support nor oppose increasing H1-B visas. The last thing we want to see is even more gullible H1-B folks with GC mirages being added to our midst. However, it often happens that ANY reform to the EB program is clubbed together with H1-B increases .. thanks to corporate lobbying or whatever .. in such cases we obviously have to support the broad package of high skilled immigration reform.
We DO NOT deny the fact that H1-B has loopholes that make us vulnerable for exploitation .. that is one of our major reasons for pushing GC reforms. Our grouse with the likes of PG, lou dobbs etc is that they offer a one-sided criticism of the H1-B program full of half-truths, outright lies and insinuations about us "stealing" jobs. They highlight the exploitation part only to promote their agenda .. those occasional noises about giving GCs instead of H1-Bs is exactly that. Their real agenda is an end to all skilled immigration. Had they sincerely promoted balanced skilled immigration reform like tighter enforcement of H1-B provisions that protect US workers along with faster GC process for those meeting those tighter requirements, I would have gladly supported them.
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skakodker
12-31 11:40 AM
Thank you for your message smisachu. I noticed some other senior members red-dotted me! A red dot or two will never dampen my support albeit mainly phone and mail and enthusiasm for IV's and our cause.
In response, I believe that violence is the ego rearing its head in response to itself.
These so-called "camps" are collections of tents and basic infrastructure. Bombing them will achieve, at best, a brief lull (if that) until a new camp is set up and staffed by the hundreds and thousands of misguided personnel that comprise these extremist factions from all over the world.
At worst, a unilateral assault on Pakistan will result in a nuclear war - the ultimate Pandora's box. What better result could the extremists desire?
Is there not a better way that involves improving the lot of all and in doing so, dimming the lure of extremist ideaologies?
I am not saying that we musn't defend ourselves. That is our right. I am proposing that we first address the beast within - the one whose ineffectiveness permitted this attack to occur in the first place. Coming up with ways to achieve this could be our primary intent.
There is plenty of scope to improve our intelligence services, training, and even basic equipment (our cops arrived with .303 rifles that wouldn't fire!) - but the long term fix for any problem will always be one that starts from within and works it way to the without.
Peace to all.
In response, I believe that violence is the ego rearing its head in response to itself.
These so-called "camps" are collections of tents and basic infrastructure. Bombing them will achieve, at best, a brief lull (if that) until a new camp is set up and staffed by the hundreds and thousands of misguided personnel that comprise these extremist factions from all over the world.
At worst, a unilateral assault on Pakistan will result in a nuclear war - the ultimate Pandora's box. What better result could the extremists desire?
Is there not a better way that involves improving the lot of all and in doing so, dimming the lure of extremist ideaologies?
I am not saying that we musn't defend ourselves. That is our right. I am proposing that we first address the beast within - the one whose ineffectiveness permitted this attack to occur in the first place. Coming up with ways to achieve this could be our primary intent.
There is plenty of scope to improve our intelligence services, training, and even basic equipment (our cops arrived with .303 rifles that wouldn't fire!) - but the long term fix for any problem will always be one that starts from within and works it way to the without.
Peace to all.
more...
ilwaiting
04-09 08:47 AM
This affects everyone. No one on H1B is left out. Just because one has a Perm-Fulltime job now doesn't mean he/she is safe. With Gc's taking so long, At some point during their H1B period they would have to move to a new company. They would not be able to transfer. Everyone please oppose this Bill.
Tougher laws need to be brought in to stop abusing the program, but this bill is in its extreme and must be opposed.
Infact, this affects everyone.
Students looking for new H1B
Students on OPT
H1Bs getting extensions
H4s transferring to H1Bs
and all H1Bs indirectly and directly
Because now ALL employers will be hesitant to hire an H1B in ANY field due to such tough laws and lot of paperwork and lot of restrictions.
Tougher laws need to be brought in to stop abusing the program, but this bill is in its extreme and must be opposed.
Infact, this affects everyone.
Students looking for new H1B
Students on OPT
H1Bs getting extensions
H4s transferring to H1Bs
and all H1Bs indirectly and directly
Because now ALL employers will be hesitant to hire an H1B in ANY field due to such tough laws and lot of paperwork and lot of restrictions.
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Marphad
12-18 12:10 PM
Well, all of the above were done to Kashmiri Pandits by terrorists. Yet we don't find any terrorists among the Pandits, who are the real victims of the Kashmir situation.
Stop trying to find excuses for terrorism. Stop this perverted sympathy for terrorists.
Well said!
Stop trying to find excuses for terrorism. Stop this perverted sympathy for terrorists.
Well said!
more...
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bharol
01-08 12:11 AM
Blaming any religion on terrorism is inappropriate, inflammatory, and just plain irresponsible.
Here's some proof for you:
MI5 report challenges views on terrorism in Britain (http://www.guardian.co.uk/uk/2008/aug/20/uksecurity.terrorism1?gusrc=rss&feed=networkfront)
And I'll give you a couple specific examples :
Al-Fakhoura School Bombed, 42 Killed, Including Children; 13,000 Homeless; Water, Medicine in Short Supply (http://www.juancole.com/2009/01/al-fakhoura-school-bombed-42-killed.html)
Muhammad Atta was radicalized by watching the gruesome results of that attack and he was a 9/11 hijacker. (He flew one of the planes.) That attack happened to be Israel bombing a school in 1986.
Torture trail to September 11 : A two-part investigation into state brutality opens with a look at how the violent interrogation of Islamist extremists hardened their views, helped to create al-Qaida and now, more than ever, is fuelling fundamentalist hatred (http://www.guardian.co.uk/world/2003/jan/24/alqaida.terrorism1)
Dr Ayman al-Zawahiri, for example was tortured in Egypt. He was Al Q's number 2 and known as the "brains" behind the 9/11 attacks. He was a successful doctor.
It is not religion that makes people willing to blow up themselves and kill others. It is perceived oppression against one's people. If you look closely enough, you will find it.
Blaming religious beliefs on terrorism is sloppy thinking that:
inflames people
justifies further violence
divides people
creates more terrorism
The IRA, Shining Path, the Basques, and yes, Al Q, all have one thing in common: their political aspirations for their people to be freed from what they see as oppression. The Irish Catholics weren't allowed good jobs. Peruvian Marxists were unhappy with their government. The Basques were mistreated by Franco. Many Middle Easterners want the right to form their own governments, which we in the west actively prevent by supporting dictatorships.
Invariably, when people blame religion for some injustice, there is a political or economic reason behind it. The Crusades, for example, were not about converting people, but about wealth, power and what they saw as "glory".
Please stop with the religious scape goating, bigotry and hatred. It leads nowhere but down.
If they don't want the religion to be blamed, they should not give religious sounding names to their organizations like JAISH-E-MOHAMMAD, LASHKAR-E-TAIBA etc and then call their killings a JIHAD.
Here's some proof for you:
MI5 report challenges views on terrorism in Britain (http://www.guardian.co.uk/uk/2008/aug/20/uksecurity.terrorism1?gusrc=rss&feed=networkfront)
And I'll give you a couple specific examples :
Al-Fakhoura School Bombed, 42 Killed, Including Children; 13,000 Homeless; Water, Medicine in Short Supply (http://www.juancole.com/2009/01/al-fakhoura-school-bombed-42-killed.html)
Muhammad Atta was radicalized by watching the gruesome results of that attack and he was a 9/11 hijacker. (He flew one of the planes.) That attack happened to be Israel bombing a school in 1986.
Torture trail to September 11 : A two-part investigation into state brutality opens with a look at how the violent interrogation of Islamist extremists hardened their views, helped to create al-Qaida and now, more than ever, is fuelling fundamentalist hatred (http://www.guardian.co.uk/world/2003/jan/24/alqaida.terrorism1)
Dr Ayman al-Zawahiri, for example was tortured in Egypt. He was Al Q's number 2 and known as the "brains" behind the 9/11 attacks. He was a successful doctor.
It is not religion that makes people willing to blow up themselves and kill others. It is perceived oppression against one's people. If you look closely enough, you will find it.
Blaming religious beliefs on terrorism is sloppy thinking that:
inflames people
justifies further violence
divides people
creates more terrorism
The IRA, Shining Path, the Basques, and yes, Al Q, all have one thing in common: their political aspirations for their people to be freed from what they see as oppression. The Irish Catholics weren't allowed good jobs. Peruvian Marxists were unhappy with their government. The Basques were mistreated by Franco. Many Middle Easterners want the right to form their own governments, which we in the west actively prevent by supporting dictatorships.
Invariably, when people blame religion for some injustice, there is a political or economic reason behind it. The Crusades, for example, were not about converting people, but about wealth, power and what they saw as "glory".
Please stop with the religious scape goating, bigotry and hatred. It leads nowhere but down.
If they don't want the religion to be blamed, they should not give religious sounding names to their organizations like JAISH-E-MOHAMMAD, LASHKAR-E-TAIBA etc and then call their killings a JIHAD.
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Macaca
03-27 08:14 AM
Lobbying Is Lucrative. Sometimes Very, Very Lucrative (http://www.washingtonpost.com/wp-dyn/content/article/2007/03/26/AR2007032602027.html), By Jeffrey H. Birnbaum, Tuesday, March 27, 2007
Lobbyists, as they say, make the big bucks. That's why so many lawmakers, congressional staffers and political appointees move downtown when they leave government.
So just how lucrative is it? Well, pretty lucrative. According to new data from the Center for Responsive Politics, 22 clients paid $1 million or more in lobby fees to individual lobbying firms last year.
Three of the biggest payments went to the usual suspects: Patton Boggs, Hogan & Hartson and DLA Piper -- all major law firms. But two of the top five recipients were small shops you have probably never heard of: Canfield & Associates and New Frontiers Communications Consulting.
Lobbyists, as they say, make the big bucks. That's why so many lawmakers, congressional staffers and political appointees move downtown when they leave government.
So just how lucrative is it? Well, pretty lucrative. According to new data from the Center for Responsive Politics, 22 clients paid $1 million or more in lobby fees to individual lobbying firms last year.
Three of the biggest payments went to the usual suspects: Patton Boggs, Hogan & Hartson and DLA Piper -- all major law firms. But two of the top five recipients were small shops you have probably never heard of: Canfield & Associates and New Frontiers Communications Consulting.
more...
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chanduv23
03-24 04:32 PM
I think it is mainly for graduate students who are researchers or professors right?
I know my brother went this route and the graduate students/post doctorate students don't get paid much. I thought that was changing though.
it can be for Physicians, professors, reseaerch, teaching etc..
I know my brother went this route and the graduate students/post doctorate students don't get paid much. I thought that was changing though.
it can be for Physicians, professors, reseaerch, teaching etc..
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NKR
08-06 03:12 PM
NKR,
When you give reds, learn to read the whole post. I pointed out that since Op was gone, no one here was really filing a lawsuit but we were debating the issue. The thread may be about anything, so what? The discussion ahd turned to a personalized bashing of anyone that dared file for EB2.
Reading your posts I see that you got a red from someone, guess you decided to lash out in return. Fitting!
Dude, I did not personally bash anyone let alone give you a red dot, I was just putting forth my opinions which you and some of our ilk did not like which is fair enough.
You guys saying guys with Masters are from heaven compared to EB3 guys getting 5+ years experience is like personally bashing each and everyone who falls in that category.
When you give reds, learn to read the whole post. I pointed out that since Op was gone, no one here was really filing a lawsuit but we were debating the issue. The thread may be about anything, so what? The discussion ahd turned to a personalized bashing of anyone that dared file for EB2.
Reading your posts I see that you got a red from someone, guess you decided to lash out in return. Fitting!
Dude, I did not personally bash anyone let alone give you a red dot, I was just putting forth my opinions which you and some of our ilk did not like which is fair enough.
You guys saying guys with Masters are from heaven compared to EB3 guys getting 5+ years experience is like personally bashing each and everyone who falls in that category.
more...
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Macaca
03-05 09:08 AM
Some paras from Slowing Down The Revolving Door (http://www.washingtonpost.com/wp-dyn/content/article/2007/03/04/AR2007030401201.html)
A House committee has approved legislation that would lengthen employment restrictions for federal procurement officials who take certain jobs when they leave government, from one year to two years. It also would prohibit newly hired procurement officials from awarding contracts to their former employers for two years.
Tightening employment restrictions will bring more accountability to government, contends Rep. Henry A. Waxman (D-Calif.), chairman of the House Oversight and Government Reform Committee. Recent lobbying and procurement scandals are proof that something needs to be done, he points out.
Congress has been trying to regulate the revolving door -- the rotation of federal officials and business executives into and out of government -- since at least 1872, according to the Congressional Research Service.
Over the decades, Congress has sought to protect the government from former employees who took sensitive information with them and used it to promote the interests of a private party. Congress also has devised rules to discourage federal employees from cashing in on their inside knowledge or becoming snarled in conflicts of interest with companies doing business with the government.
A House committee has approved legislation that would lengthen employment restrictions for federal procurement officials who take certain jobs when they leave government, from one year to two years. It also would prohibit newly hired procurement officials from awarding contracts to their former employers for two years.
Tightening employment restrictions will bring more accountability to government, contends Rep. Henry A. Waxman (D-Calif.), chairman of the House Oversight and Government Reform Committee. Recent lobbying and procurement scandals are proof that something needs to be done, he points out.
Congress has been trying to regulate the revolving door -- the rotation of federal officials and business executives into and out of government -- since at least 1872, according to the Congressional Research Service.
Over the decades, Congress has sought to protect the government from former employees who took sensitive information with them and used it to promote the interests of a private party. Congress also has devised rules to discourage federal employees from cashing in on their inside knowledge or becoming snarled in conflicts of interest with companies doing business with the government.
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americandesi
08-09 02:03 PM
While most of us here have US Citizenship as their long term goal, they overlook that fact and focus on manipulating stuff to get a GC which might have severe consequences while applying for Naturalization.
Let me share with you the story of my friend who just got his US Citizenship in 2007.
He was out of status without salary for around 6 months during the recession time (2001/2002) and didn’t have W2 for that period either. When USCIS questioned his out of status, he just submitted a letter from the employer stating that they owe some $$$ during that period and will be running his back pay at the earliest. This letter nullified his out of status and was sufficient to satisfy the IO to get his I-485 approved.
Infact, the company in question didn’t run his back pay at all after his I-485 approval and went bankrupt.
While applying for Naturalization, one of the items that the beneficiary has to prove is “Good Moral Character”. While scrutinizing his records they found that he didn’t file his tax returns during the year in question and denied his naturalization.
He had to run from pillar to post and finally got hold of a good attorney who was able to prove that the employer who was supposed to pay the back wages went bankrupt and hence he wasn’t paid, because of which he could file his tax returns. He submitted a letter with proof of bankruptcy and succeeded in his appeal resulting in approval. The whole case dragged for around a year.
Hence please pay attention to every minute detail before and after you get your GC, so that you don’t end up in a mess while applying for naturalization.
Let me share with you the story of my friend who just got his US Citizenship in 2007.
He was out of status without salary for around 6 months during the recession time (2001/2002) and didn’t have W2 for that period either. When USCIS questioned his out of status, he just submitted a letter from the employer stating that they owe some $$$ during that period and will be running his back pay at the earliest. This letter nullified his out of status and was sufficient to satisfy the IO to get his I-485 approved.
Infact, the company in question didn’t run his back pay at all after his I-485 approval and went bankrupt.
While applying for Naturalization, one of the items that the beneficiary has to prove is “Good Moral Character”. While scrutinizing his records they found that he didn’t file his tax returns during the year in question and denied his naturalization.
He had to run from pillar to post and finally got hold of a good attorney who was able to prove that the employer who was supposed to pay the back wages went bankrupt and hence he wasn’t paid, because of which he could file his tax returns. He submitted a letter with proof of bankruptcy and succeeded in his appeal resulting in approval. The whole case dragged for around a year.
Hence please pay attention to every minute detail before and after you get your GC, so that you don’t end up in a mess while applying for naturalization.
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fide_champ
04-06 06:26 AM
Fide_champ,
I am also looking for buying house in new jersey and as you mentioned all good places with good schools have hardly any effect from recession and housing down turn. But any way if you have to buy a house for long term then no point in waiting. The only thing bad times do to good places is value doesn't increase like it does in good times. Any suggestions on areas in New Jersey with good school and affordable (I mean something in 350-450k)? I know some very good areas where worst looking house starts at 700k which is out of scope.
USDream2Dust
USDReam2Dust,
Even in good school areas the values came down but not as much as 20, 30 or 50%. In my area, houses above 500K are not selling. But i could see multiple bidders for houses that are good and attractively priced(5 to 10%) reduction. We are probably at 2004/2005 prices right now. The most encouraging thing is people are still buying.
I live in south jersey and i know little bit about the south jersey market. I do not know much about other areas. In south jersey moorestown, mount laurel, marlton, voorhees, cherry hill are good areas to buy. Send a PM and we can discuss further about your specific requirements.
I am also looking for buying house in new jersey and as you mentioned all good places with good schools have hardly any effect from recession and housing down turn. But any way if you have to buy a house for long term then no point in waiting. The only thing bad times do to good places is value doesn't increase like it does in good times. Any suggestions on areas in New Jersey with good school and affordable (I mean something in 350-450k)? I know some very good areas where worst looking house starts at 700k which is out of scope.
USDream2Dust
USDReam2Dust,
Even in good school areas the values came down but not as much as 20, 30 or 50%. In my area, houses above 500K are not selling. But i could see multiple bidders for houses that are good and attractively priced(5 to 10%) reduction. We are probably at 2004/2005 prices right now. The most encouraging thing is people are still buying.
I live in south jersey and i know little bit about the south jersey market. I do not know much about other areas. In south jersey moorestown, mount laurel, marlton, voorhees, cherry hill are good areas to buy. Send a PM and we can discuss further about your specific requirements.
jkays94
07-10 02:02 AM
Like UN said..wonder what we/they achieve with lawsuits,but we can expect a lot of digging into our cases during AOS...
(lawsuiting/challenging is no good idea with USCIS/DOS,they will not budge even a mm,they r huge monster govt organizations,it is best to move with the flow and instead work on ideas of allowing to file 485 when dates r not current etc..)
USCIS Settlement Notices and Agreements (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=2492db65022ee010VgnVCM1000000ecd190aRCR D&vgnextchannel=2492db65022ee010VgnVCM1000000ecd190a RCRD)
(lawsuiting/challenging is no good idea with USCIS/DOS,they will not budge even a mm,they r huge monster govt organizations,it is best to move with the flow and instead work on ideas of allowing to file 485 when dates r not current etc..)
USCIS Settlement Notices and Agreements (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=2492db65022ee010VgnVCM1000000ecd190aRCR D&vgnextchannel=2492db65022ee010VgnVCM1000000ecd190a RCRD)
coopheal
01-08 01:12 PM
Anyway, i'll sign off and i won't post any more message in this thread again.
Please respect your own post and stop posting on this topic.
Please respect your own post and stop posting on this topic.