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01-09 02:20 PM
AILA Leadership Has Just Posted the Following:
https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjWhTNF9rMeggnxDDZUaKmpjK2dKJQgTs6VVvfkVZosenokTfBWhdsF2B_4k_RZPj92HA28N9Ew5wocahh6xjPW84j-gtl5FLJLyJ3GqbOmD2NmgnUJJ7cXpYsOdfDB9kdq1Z_Ad3StBYs/s320/2010-01-07+international-business-industry-night.jpg (https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjWhTNF9rMeggnxDDZUaKmpjK2dKJQgTs6VVvfkVZosenokTfBWhdsF2B_4k_RZPj92HA28N9Ew5wocahh6xjPW84j-gtl5FLJLyJ3GqbOmD2NmgnUJJ7cXpYsOdfDB9kdq1Z_Ad3StBYs/s1600-h/2010-01-07+international-business-industry-night.jpg)By Deborah Notkin, AILA Past President
Unfortunately, that's exactly what the Gutierrez bill is. While there are many excellent provisions on important components of immigration reform, especially family unity and legalization, the employment immigration provisions are overwhelmingly negative and geared to eliminate the employers from having any reasonable input on the specific types of foreign employees that are required in an evolving economy. The overarching provision is the establishment of a "Commission" that would determine U.S. immigration policy (numbers and categories) pertaining to temporary and permanent workers. A commission of seven "experts" would report to both houses of Congress annually the types and number of workers that could enter the U. S. Unless both houses of Congress acted to block them (a rarity in today's world), the Commission's "recommendations" would become the law of the land.
There are a number of reasons why substituting Congress with a commission is a bad idea. First, we don't have the statistical evidence available to make good measurements on an annual basis. Second, government commissions in DC overwhelmingly end up becoming unelected political entities, with their own agendas, often exceeding their original mission. Third, a politicized commission on such a controversial issue would be especially problematic because it would not be accountable directly to voters as are elected representatives. In a debate on the Commission concept that I attended in New York, proponents were struggling to find even a few examples of Beltway government commissions that worked and did not become politicized.
While the Gutierrez bill should be commended for including provisions requiring employers to take responsibility for utilizing ethical recruiters and providing a few exemptions from the employment based quota for certain types of professionals, it generally negates the legitimacy of corporate needs and lacks any concept of the global economy and the international, competitive personnel market.
Most egregious is the idea of bringing in a lesser skilled workforce through a sort of "hiring hall" lottery system that would eliminate employers entirely from the selection process. Foreign workers would be placed in a database and assigned to employers based on some computer's or bureaucrat's idea of a match. It reminds one of the unfortunate migrants who are day workers standing outside waiting to be randomly hired. Here, they can just stand in their own countries being assigned to an employer they may not have chosen if given the choice.
Additional provisions would eliminate the ability of employers to use entry level wages for entry level temporary workers. Forcing employers to pay foreign nationals more than their U.S. worker counterparts is totally absurd. Is this how we think America will benefit from the many foreign nationals who have just graduated from, among other fields, Science, Technology, Engineering, and Mathmatics, programs? And of course, the unworkable cap on H-1B temporary professional workers in a healthy economy is totally ignored, evidently to be left to the gang of seven commissioners.
It appears that Congressman Gutierrez put his heart and soul into legalization and family unity but left the employment provisions to be drafted by the most anti-employer parties in this debate. Much is borrowed from the Durbin-Grassley proposed H-1B and L-1B provisions and the Economic Policy Institute's piece on immigration, which starts out by labeling all employers using foreign workers as participants in indentured servitude.
I have only highlighted a few of the egregious provisions that promise to sink an otherwise good piece of legislation. And this does not serve anyone who sincerely wants to find a solution to the human tragedy faced by undocumented migrants in the United States.
https://blogger.googleusercontent.com/tracker/186823568153827945-4566215004987922662?l=ailaleadership.blogspot.com
More... (http://ailaleadership.blogspot.com/2010/01/gutierrez-billa-good-legalization-and.html)
https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjWhTNF9rMeggnxDDZUaKmpjK2dKJQgTs6VVvfkVZosenokTfBWhdsF2B_4k_RZPj92HA28N9Ew5wocahh6xjPW84j-gtl5FLJLyJ3GqbOmD2NmgnUJJ7cXpYsOdfDB9kdq1Z_Ad3StBYs/s320/2010-01-07+international-business-industry-night.jpg (https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjWhTNF9rMeggnxDDZUaKmpjK2dKJQgTs6VVvfkVZosenokTfBWhdsF2B_4k_RZPj92HA28N9Ew5wocahh6xjPW84j-gtl5FLJLyJ3GqbOmD2NmgnUJJ7cXpYsOdfDB9kdq1Z_Ad3StBYs/s1600-h/2010-01-07+international-business-industry-night.jpg)By Deborah Notkin, AILA Past President
Unfortunately, that's exactly what the Gutierrez bill is. While there are many excellent provisions on important components of immigration reform, especially family unity and legalization, the employment immigration provisions are overwhelmingly negative and geared to eliminate the employers from having any reasonable input on the specific types of foreign employees that are required in an evolving economy. The overarching provision is the establishment of a "Commission" that would determine U.S. immigration policy (numbers and categories) pertaining to temporary and permanent workers. A commission of seven "experts" would report to both houses of Congress annually the types and number of workers that could enter the U. S. Unless both houses of Congress acted to block them (a rarity in today's world), the Commission's "recommendations" would become the law of the land.
There are a number of reasons why substituting Congress with a commission is a bad idea. First, we don't have the statistical evidence available to make good measurements on an annual basis. Second, government commissions in DC overwhelmingly end up becoming unelected political entities, with their own agendas, often exceeding their original mission. Third, a politicized commission on such a controversial issue would be especially problematic because it would not be accountable directly to voters as are elected representatives. In a debate on the Commission concept that I attended in New York, proponents were struggling to find even a few examples of Beltway government commissions that worked and did not become politicized.
While the Gutierrez bill should be commended for including provisions requiring employers to take responsibility for utilizing ethical recruiters and providing a few exemptions from the employment based quota for certain types of professionals, it generally negates the legitimacy of corporate needs and lacks any concept of the global economy and the international, competitive personnel market.
Most egregious is the idea of bringing in a lesser skilled workforce through a sort of "hiring hall" lottery system that would eliminate employers entirely from the selection process. Foreign workers would be placed in a database and assigned to employers based on some computer's or bureaucrat's idea of a match. It reminds one of the unfortunate migrants who are day workers standing outside waiting to be randomly hired. Here, they can just stand in their own countries being assigned to an employer they may not have chosen if given the choice.
Additional provisions would eliminate the ability of employers to use entry level wages for entry level temporary workers. Forcing employers to pay foreign nationals more than their U.S. worker counterparts is totally absurd. Is this how we think America will benefit from the many foreign nationals who have just graduated from, among other fields, Science, Technology, Engineering, and Mathmatics, programs? And of course, the unworkable cap on H-1B temporary professional workers in a healthy economy is totally ignored, evidently to be left to the gang of seven commissioners.
It appears that Congressman Gutierrez put his heart and soul into legalization and family unity but left the employment provisions to be drafted by the most anti-employer parties in this debate. Much is borrowed from the Durbin-Grassley proposed H-1B and L-1B provisions and the Economic Policy Institute's piece on immigration, which starts out by labeling all employers using foreign workers as participants in indentured servitude.
I have only highlighted a few of the egregious provisions that promise to sink an otherwise good piece of legislation. And this does not serve anyone who sincerely wants to find a solution to the human tragedy faced by undocumented migrants in the United States.
https://blogger.googleusercontent.com/tracker/186823568153827945-4566215004987922662?l=ailaleadership.blogspot.com
More... (http://ailaleadership.blogspot.com/2010/01/gutierrez-billa-good-legalization-and.html)
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richana
01-23 09:20 PM
Thanks for the reply! That was very helpful .
Do I still have to be employed by my original sponsor when i get the appt after 6 months?
If I return to the US in a few months do I still have to option of filing 485 even though I've already applied for CP in India?
Yes to Q1. Yes to Q2, but you will have to discontinue the CP option. I would suggest going the CP way in your case. AOS is unpredictable with CP you will have a definite date. Best option get H1 in India return and apply for AOS, if not apply for CP and return with H1 go back in 6 months get GC if all else fails wait in India for 6 months and come back with GC.
Do I still have to be employed by my original sponsor when i get the appt after 6 months?
If I return to the US in a few months do I still have to option of filing 485 even though I've already applied for CP in India?
Yes to Q1. Yes to Q2, but you will have to discontinue the CP option. I would suggest going the CP way in your case. AOS is unpredictable with CP you will have a definite date. Best option get H1 in India return and apply for AOS, if not apply for CP and return with H1 go back in 6 months get GC if all else fails wait in India for 6 months and come back with GC.
Bytes4Lunch
04-09 04:47 PM
Whether they IO at Port of Entry asked anything about your H1B Visa?
Nopes, in my case the officer was polite and just asked what my previous status was, to which I said "H1". I asked him if I will lose my H1 status when I enter on AP and he said yes, which was true as your new visa status becomes "Parolee". You can still work on H1 without using EAD, which is what I am doing now.
Its ok and legal to use your AP to travel back. See this recent Murthy Bulletin http://murthy.com/mb_pdf/032108_P.html
I still don't have an answer to my original question, anybody ?
Nopes, in my case the officer was polite and just asked what my previous status was, to which I said "H1". I asked him if I will lose my H1 status when I enter on AP and he said yes, which was true as your new visa status becomes "Parolee". You can still work on H1 without using EAD, which is what I am doing now.
Its ok and legal to use your AP to travel back. See this recent Murthy Bulletin http://murthy.com/mb_pdf/032108_P.html
I still don't have an answer to my original question, anybody ?
2011 happy birthday quotes for your oyfriend. happy birthday wishes quotes. happy birthday wishes quotes. gkarris. Mar 19, 05:20 PM. Anyone actually seen one?
quizzer
10-11 12:43 PM
Vic,
when was your I140 EB2 filed in Nebraska service center (receipt date) and when did you receive the RFE?
My understanding is you should have completed the masters program before labor was applied....Consult your attorney before responding to the RFE.
All the best!!!
Thanks
when was your I140 EB2 filed in Nebraska service center (receipt date) and when did you receive the RFE?
My understanding is you should have completed the masters program before labor was applied....Consult your attorney before responding to the RFE.
All the best!!!
Thanks
more...
H1BLegal95
01-22 11:48 PM
Im hearing that most of Indian filers filed for EB2 which has lead to EB2 demand outstripping EB3.
So of the two tortoises EB3 might move faster than EB2.
Any comments ?
So of the two tortoises EB3 might move faster than EB2.
Any comments ?
vallabhu
02-20 10:11 PM
I live in ATL, Count me in.
more...
Saralayar
07-27 11:53 AM
I left it blank and specifically asked my attorney if i can leave it blank , he said its ok .
My attorney specifically asked me to fill that. First I forgot to fill that. They specifically send mail to fill that. Not sure.
My attorney specifically asked me to fill that. First I forgot to fill that. They specifically send mail to fill that. Not sure.
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MunnaBhai
03-14 03:06 PM
I agree. Most of these companies openly misuse L1 visas. I have seen myself, how L1 guys from Infosys, TCS, and IBM India working at client sites.
more...
perm2gc
10-04 06:47 PM
I am from India and lived in Brussels, Belgium between 2000-2002 before being transferred by my Indian IT company to work in US on H1. Here are some facts on Brussels:
1. Quality of Life: Good place to live, friendly people, close to major cities like Paris, Amsterdam and London.
2. Cost of Living:
Apartment Rent: 900-1000 Euros per month
Lease terms: 6-12 months
Transportation: Public (Bus, subway, trains). You don't need a car.
Some companies offer a car+gas card as part of the overall
compensation package.
3. Salaries: Around Euros 35-45K per year (IT related)
Taxes: More than US (Around 30-35%)
Health Insurance: None
Vacation Time: 20-30 days an year
Education:Schools are mostly french medium. International schools
(English medium) are more expensive.
Desi/Indian population: Limited
4. Additional Information: Good to learn French as it helps in dealing with local people but a lot of them also speak English.
Good info..thks
1. Quality of Life: Good place to live, friendly people, close to major cities like Paris, Amsterdam and London.
2. Cost of Living:
Apartment Rent: 900-1000 Euros per month
Lease terms: 6-12 months
Transportation: Public (Bus, subway, trains). You don't need a car.
Some companies offer a car+gas card as part of the overall
compensation package.
3. Salaries: Around Euros 35-45K per year (IT related)
Taxes: More than US (Around 30-35%)
Health Insurance: None
Vacation Time: 20-30 days an year
Education:Schools are mostly french medium. International schools
(English medium) are more expensive.
Desi/Indian population: Limited
4. Additional Information: Good to learn French as it helps in dealing with local people but a lot of them also speak English.
Good info..thks
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Chiwere
06-11 03:38 PM
I have used my labor for H1 extensions twice since running out of 6 year term, and have I140 pending with another extension coming up soon. I will not be able to use PP to get a 3 year tranche.
If 140 gets thrown out then it's Sayonara. :eek:
If 140 gets thrown out then it's Sayonara. :eek:
more...
Ajaykumar
11-06 11:23 AM
Hi All,
Please help me by answering the following questions and also bear with me if those are basic questions. Thanks a lot for the help in advance.
1. My employer asked me to wait few months for at least partial job market recovery and advised its better to start the labor filing preparation sometime in Nov 2009/Dec 2009. There is a positive news on the job market recovery. Is it a good time to apply for PERM Labor now? FYI, my second H1B expires 09/30/2011.
2. Is it possible to file multiple PERM Labor Certifications through two different employers at the same time? If yes, could I choose the employer I would like to stay, if both gets approved approximately at the same time?
3. How long I can continue with future employment in the GC process?
4. If the Labor get audited, is it possible to apply for H1B extension after 6th year?
5. Is it possible to port I-140 & procedure involved to port with / without the consent of current employer.
All the best!!!
-
Regards
Ajaykumar
Please help me by answering the following questions and also bear with me if those are basic questions. Thanks a lot for the help in advance.
1. My employer asked me to wait few months for at least partial job market recovery and advised its better to start the labor filing preparation sometime in Nov 2009/Dec 2009. There is a positive news on the job market recovery. Is it a good time to apply for PERM Labor now? FYI, my second H1B expires 09/30/2011.
2. Is it possible to file multiple PERM Labor Certifications through two different employers at the same time? If yes, could I choose the employer I would like to stay, if both gets approved approximately at the same time?
3. How long I can continue with future employment in the GC process?
4. If the Labor get audited, is it possible to apply for H1B extension after 6th year?
5. Is it possible to port I-140 & procedure involved to port with / without the consent of current employer.
All the best!!!
-
Regards
Ajaykumar
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hopelessGC
11-10 01:26 PM
I'd like to know the answer to this one as well. There are people who have invoked AC-21 and would like to know how they went abou this.
more...
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smuggymba
03-15 11:21 AM
Didn't most of us came to US through "Desi Companies/Body Shopper/Outsourcer"?
Now that we are feeling the pinch, we want to close this door for the other folks?
Guys, this is pinnacle of hypocrisy. Please convince me how this is different from the Anti Immigrants??
Please note. I have no axe to grind and I have never worked for Desi Company/Body Shopper/Outsourcer.
Coming to US via Infy/TCS/Wipro is diff from coming to USA via small time desi shops that take a deposit for H1 processing (totally illegal).
Having said that - applying in EB1 just because you have 2 ppl reporting to you is totally unethical. (It's not illegal since Infy, CTS do it all the time)
Now that we are feeling the pinch, we want to close this door for the other folks?
Guys, this is pinnacle of hypocrisy. Please convince me how this is different from the Anti Immigrants??
Please note. I have no axe to grind and I have never worked for Desi Company/Body Shopper/Outsourcer.
Coming to US via Infy/TCS/Wipro is diff from coming to USA via small time desi shops that take a deposit for H1 processing (totally illegal).
Having said that - applying in EB1 just because you have 2 ppl reporting to you is totally unethical. (It's not illegal since Infy, CTS do it all the time)
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yorstruly
07-19 03:07 PM
Translate it. Sign a letter of your compretence of English ? Hindi language & get it notarized. It is that easy. Do not waste a signle penny on translation. I have been doing it for ages.
...
:D
Just me doing the translation will do? And how do I demonstrate the "competence" to do that? :confused:
And yes, I am totally new to IV. The way it has been effective, I will surely contribute... :)
...
:D
Just me doing the translation will do? And how do I demonstrate the "competence" to do that? :confused:
And yes, I am totally new to IV. The way it has been effective, I will surely contribute... :)
more...
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desiron
08-13 11:20 PM
As per Murthy web site today:
Update : USCIS Website States Previous Editions of 485 FORM Accepted AILA Liaison has confirmed that prior editions of the I-485 are acceptable, as indicated on the USCIS website, and that USCIS will be issuing an FAQ with a revised answer to Question 33 imminently.
Posted Aug 10, 2007 (1:45pm ET)
Thanks
Ron
Update : USCIS Website States Previous Editions of 485 FORM Accepted AILA Liaison has confirmed that prior editions of the I-485 are acceptable, as indicated on the USCIS website, and that USCIS will be issuing an FAQ with a revised answer to Question 33 imminently.
Posted Aug 10, 2007 (1:45pm ET)
Thanks
Ron
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me_myself
12-19 05:03 PM
div_bell_2003, thanks for the quick reply. Do you know any resource that i can refer to regarding the revocation of H1 - how long can i be without payroll, how long can i be outside the country etc.
Thanks.
Thanks.
more...
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gunabcd
06-21 03:24 PM
If black and whites are acceptable then i think you can make copies of an existing one, just make sure you copy it at your employers copier that too in the working hours, that's the Cheapest way of doing it.:D
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REQUIRE_GC
08-15 05:12 AM
My PD is Aug 2003. Filed in June 2007.:mad::mad:
Mine is March 2004 and Filed on July 23 2007:mad::mad:
Mine is March 2004 and Filed on July 23 2007:mad::mad:
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Robert Kumar
10-20 09:57 PM
does anyone know delasoft inc. from chicago? do they delay payments or any other issues with this (prospective) employer?
in my case my company used to send by mail, but they stopped 6 months back, and gave us all access to print our own from payroll provider's site, and also W2s can be printed,.
in my case my company used to send by mail, but they stopped 6 months back, and gave us all access to print our own from payroll provider's site, and also W2s can be printed,.
pappu
11-03 10:36 AM
The wicked witch is dead. As for me I have packed my bags and moved to Canada. I first came in 1999 as a student and immigration has been downhill since then.
Pls let us know if you would like to tell your story in a media interview?
Pls let us know if you would like to tell your story in a media interview?
bkn96
11-25 12:25 PM
hi kprgroup,
congratulation.. I am in same situation. My previous employer withdrawn approved 140, I moved to new employer after 1 year of 485 pending. I didn't filed AC21 papers and currently working on EAD not in H1 staus.
I left PM to you.
congratulation.. I am in same situation. My previous employer withdrawn approved 140, I moved to new employer after 1 year of 485 pending. I didn't filed AC21 papers and currently working on EAD not in H1 staus.
I left PM to you.
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