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  • arsh007
    01-30 03:49 PM
    1. Asking employees to pay for H1 costs is not legal. It would be in violations of CFR.

    2. That is also illegal. Employer cannot ask employee to pay for payroll taxes that the employer owes IRS, and too, when you are not even working. It would be an attempt to cover-up the violation of immigration law: Not paying on bench. The only alternative to all that is cancelling her H1 if she cannot find project and if they cannot pay her, but that again would cost money. Damn its too expensive to operate a business legally obeying every friggin law.

    3. If you are paying for H1 (which is really not legal) what would you refund them?

    So whether you want to tell them "Go to hell" depends on how much you want the job and how much bending/breaking of law can you do.

    Point 3 was for the employer refunding the employee for the H1 costs after completing 6 months on project.

    Well it is an accepted fact that Employers need to pay for H1 sponsorship but desi companies hardly follow the rules. Well I don't understand from you point above why paying for H1 expenses means I am breaking the law. Rather it should be the employer who is breaking the law.





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  • satysh
    07-16 11:51 PM
    I sent an email to Roy Beck - Founder of NumbersUSA about the false information that they present via the fax. I am expecting some reply.
    This is email that I sent..........

    -------------------------------------------------------------------

    Hi Roy,

    I am Satish. I am one of many immigrant workers working in USA. Recently, I came across www.NumbersUSA.com website and their propaganda. I respect your service to this country and your steps towards propagating your agenda to the congress. However, when I came across the following fax content intended to faxed to the members of congress from www.Numbersusa.com, I was completely shocked to see the points mentioned in the webfax. Let me give my insight on this.

    The fax content is as follows

    Dear [This fax will go to Your U.S. Senators and U.S. Representative ]

    I oppose any increase in the annual H-1B visa cap, including those in the SKIL Act. I am counting on you to oppose it.

    Here are just a few reasons why I hope you will oppose the SKIL Act:

    (1) The six-year visas allow foreign workers to bring in their families, and guarantee thousands of anchor babies.

    (2) H-1B salaries are tax-exempt - no FICA, no federal or state income taxes. They can live at the same level as tax-paying Americans at a lower cost. Therefore, Congress allows foreigners to "low-ball" American workers.

    (3) H-1Bs can leave the job they came to fill and seek other jobs, not necessarily in the "hard to fill" category.

    (4) Most H-1Bs are of a "protected" ethnic group, so H-1Bs have an affirmative action preference when competing with Americans for the same jobs.

    The result of the SKIL Act would be to further depress the wages of Americans working in high-tech and scientific fields and to cause additional job displacement for those workers.

    Sincerely, [Your Name Will Appear Here]

    My view on the above points.

    1) This is true that foreign workers bring their families. However, I reject the word "guarantee" used in the later part of the sentence. Let me further elaborate on this. When a H1B worker first arrives on the American soil, the worker's spouse and children if any, are on H4 visa. For your information, these dependents of foreign workers are on H4 visa, which is a highly restrictive visa. This visa does not guarantee a social security to women and children. By social security, I mean lot more than just a social security number. In some states, this results in inability to even drive and be completely dependent. Some of H4 people that I know are highly skilled such as Phds, Doctors, MBAs, etc.
    2) This is most shocking of all the points. I would love to know the source of this information. I am a H1B worker for last 4+ years. I have paid all my taxes including federal, state taxes, social security taxes, Medicare, FICA, etc. This is not voluntary deduction. All my employers were mandated to deduct just as any American citizen. I would love to debate this with you and NumbersUSA reps, because I have facts and documents to prove this. In fact, Most of H1Bs pay FICA tax, which we simply cannot get after retirement (in this case mostly 6 years on H1B). I would encourage you and NumbersUSA to contact reputed IRS expert to get more information on this. In case you don't get this information. I would be more than happy to meet you in NumbersUSA office along my documents. If some person or employer does not pay taxes being on H1B, that person is treated as tax fraudster, whom I am sure IRS handles very effectively.
    3) This is also not true. In my case I had to post my labor on job bulletin board (place where I had to work) for atleast 2-3 weeks with my skills, designation and salary offered. In case if any US citizen interested in this posting, he had an open opportunity to contact my employer about his interest in the job. By the way, salaries of thousands of H1B workers are on par with that of US citizens. Given a chance, I am sure that I can prove that I am better in all aspects of IT programming than some of the best on U.S. citizens. This promotes competitiveness.
    4) I would love to have actual source of this information. I know many US registered organizations that hire H1B foreign workers, who worked with fellow U.S citizens without any problems. As far as my knowledge is concerned, most of these employers are "Equal Opportunity Employers".

    Roy, America is a unique country that is built on immigrants. This is probably one of the reason why America is amazing in providing civil liberties to all people irrespective of caste, color and race. Also, America has such an immense talent in every field, which makes it a leader in this competitive world.

    I certainly welcome yours and NumbersUSA perspective on this email.

    Both of us strive to make America more strong and competitive.

    Thanks,
    Satish

    "It is the theory that decides what we can observe."
    Albert Einstein





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  • uma001
    07-29 05:10 AM
    Add Wachovia now acquired by Wells Fargo to the list. They don't even do H1 extensions.

    That's too bad.





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  • kumar1
    12-11 11:15 AM
    Kavita - I absolutely disagree with you. All of us (people on L-1, F-1, J-1, H1, B1, K1 and their derivatives....) went to US consulate to request for VISA. US consulate never came to your door with a VISA. Yes, it is your privilege to file GC but it is not your right. You can shower yourself with tags like "highly skilled" and what not but truth is, if we are so highly skilled then why are we having so many issues with Green Card? Why no one in this country is listening to us? They listened to bank's issues and came up with 750 Billion dollars in 2 flipping weeks. They have almost granted 15 Billion to auto industry. Meanwhile, we, self proclaimed highly skilled are fighting to have driver's license in DMV offices. And above all, when someone on H1 and L1 gets laid off, what is the problem in packing up the bag and going back to home country? It is us...you and me, who love to live in this country, we fight tooth and nail to live here, somehow, anyhow, at any cost!

    The way I look at it, we are here because this country provides us a very good quality of life and we see bright future for our family. After 5-10 years, we get so used to America that it hurts to even think that we are still on a temporary VISA.

    Please attack my thought, do not attack me or my self esteem!

    I absolutely agree with you. I can't imagine how a person of Indian or Chinese origin can blame themselves of this retrogression. To me, it is a reflection of poor self esteem.
    The bottomline is that we are here because we are needed here. We have the privilege to apply for green card in return for the work we do. Country quota does not make sense in employment based immigration. It is an unfair practice which has to stop someday.



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  • gsc999
    04-08 11:02 AM
    I think -We have to come to our senses. The law wants to treat us as slaves. Do the work and go back. They do not want to give the opportunity to have the american dream. They do not have problem with mexicans, or arabic country people, or anybody. All they want is - we do not want smart talented ones to take our white collar jobs.
    We are screwed by our Desi employers, the law. We do it for $. So it is really upto us to choose from. Money or respect.
    When I see fellow indians, at the age of 40, I feel pity. Most of us would see that they are in dilema as what to do. What they are doing is correct. They live a succumbed life.
    Choose life !! is the better option !!
    -------
    yawn. Weak post. Just substitute "I" for wherever you use "We" start with "I have to come to my senses." Don't patronize and don't be condescending.





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  • Dolly20
    10-03 01:14 PM
    Hi!
    When i was in India, my company applied for H1B visa. In the meantime I got married and came to US on H4 visa. After a month, my H1B was approved. Now, my company is planning to apply for a change of status. I have the following queries:
    1. Do we have to fill in I 539 form or I 129 form
    2. How long is the processing time?
    3. Will i be eligible to work from Oct 1st, 2007 even though the change of status case is in process? Or should i wait till its been approved?
    please help me. Your responses will be greatly appreciated.


    Thanks in advance :)



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  • fcres
    07-24 05:22 PM
    I deleted my original post since you answered:-) thanks!

    This brings up an interesting possibility for me. My first I-140 has been approved over email (awaiting physical receipt), although the Successor in Interest I-140 is pending.

    Does the I-140 receipt always contain the A#? I will have to wait to see the physical receipt notice!

    What i have heard is that the recent I140 approvals (2006/07) contains A#.





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  • ivuser
    01-30 02:25 PM
    Hi,
    I know a good desi firm. The firm takes just $2/hr for the operational expense. If you need more info please send a private message.

    Thanks



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  • akhilmahajan
    09-26 12:18 PM
    Can you put URL for updated article?

    http://money.cnn.com/2007/09/25/smbusiness/h1b_cap.fsb/index.htm?postversion=2007092606





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  • desi3933
    02-11 12:03 PM
    The visa numbers reported as used for FY 2009 is 141,020 from http://www.travel.state.gov/pdf/FY09...ort_TableV.pdf

    This was the response i got from Ron Gotcher.

    "The employment based category is entitled to use the "unused" family based numbers from the previous year. Last year, the quota for EB was the base of 140,000, plus another 13,000 shifted over from FB. Unfortunately, the CIS failed once again to approve enough cases to use up the entire available quota."


    If this is true, we have lost a lot of visas last year.

    Now with aprox. 10,000 visas shifted from FB, we should hope they use about 150,000 (140,000 + 10,000) this year.

    Is there a way to confirm this? We got to do something to resolve this problem

    As per this link

    http://www.travel.state.gov/pdf/FY08-AR-TableV.pdf

    Page 6, the total number of family based visas (that are subject to numerical limitations) is 226,105. Section 201 of the Immigration and Nationality Act (INA) sets an annual minimum family-sponsored preference limit of 226,000. So, family based visa numbers were fully used.

    So where is 13,000 unused family numbers for FY2008 that should have been available for employment based visa numbers for FY2009?


    __________________
    Not a legal advice.



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  • quizzer
    08-15 04:02 PM
    In fact better than expected for EB2





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  • Wendyzhu77
    01-19 10:22 AM
    Apparently, the police officer told you the exact story: by law you should carry all your immigration documents, but in practice a passport is good enough. By law he could deport, but in practice he won't though he had enough opportunities.
    Well, this is NOT a cooked up story. This happened to me yesterday at Harlingen (HRL) Texas airport.

    On January 16, 2008, I went to Mexico for H1-B visa stamping at Matamoras US consulate. I got my H1-B visa stamped and returned to Brownville, Texas.

    On January 17, 2008, I was at Harlingen (HRL), Texas airport for my final destination.

    One of the TSA security personnel�s is in process of verifying my ticket before proceeding to security check. As every one knows, we must present one of the government issued PHOTO-ID to them to clear the security check. I have shown my driver license and he has cleared the security check (name check).

    I was about to proceed further for security screening; mean while, a Police Officer came to me and asked me following questions.

    Sir, are you a US citizen?

    I said, No

    Then, he asked me, can I see your immigration documents.

    I have shown my passport to the police officer.

    He looked at H1-B visa and I-94 and asked me; who do you work for?

    I said my employer�s name.

    Later, he gave me my passport back.

    Now,

    I have asked the Police Officer few questions

    1. Sir, I�m in domestic traveling, is it mandatory to carry my immigration documents at all times?

    Police Officer said, as per the US LAW, all non-immigrants must carry immigration documents and passport at all times.

    2. What would you have done to me, if I had failed to present my passport?

    Police office said, I could have DEPORTED you.

    3. Sir, it is not possible for any one to carry passport at all times. Could the LAW allow me to carry photo copies of my passport and immigrations documents?

    Police office said, No. Technically, you must carry original documents at all times.

    I would advice you to carry Passport at all times.

    I did not know this until Police Officer told me about this LAW.

    P.S: BTW, the Department of Homeland Security (DHS) level is in �ORGANE�.



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  • varshadas
    03-07 12:45 PM
    Ajay and Shekhar. Did you guys have any luck with the Congressmen?





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  • ghost
    08-12 07:26 AM
    If there is a non-controversial immi. law change attempt I will donate $500. I will also bring my friends and the total may exceed $2000. We all willing to donate but only if we know that there is good chance of passing.

    If there is an attempt to push ideas like recapture, forget it. It will not pass in this economy. I do not want to waste my money and time on those kind of ideas.

    IMHO. Not to find fault with anyone. Please do not mistake me.

    Hey Buddy,
    recapture is not controversial and has nothing to do with economy...not sure where you got that from, recapture of EB numbers is what we are proposing - this will not take away any american jobs but only alleviate the wait times for folks like you and me. Also, we've to accept the fact that anything related to immigration will be controversial - there is no denying of it, unfortunately.

    Coming to the donations, please don't donate in huge sums because you'll have huge expectations...I'd say start off in small steps - 6 USD per week for 6 months...I signed up for it and it took me 5 minutes and 150 USD for the next 6 months, not too bad right!

    Thanks!



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  • chanduv23
    09-28 05:18 PM
    I have met a British guy here in New York who was like that. He loved the money, and always smiled to me for the money. But he never even want to lift a finger for the money he has been paid to do. And he despised me and was ashamed of having to talk to me because he was surrounded by some Southerners who were equally racist.

    In fact, he even scammed me for money. And he was a businessman and now a CEO of a corporation.

    This is a regular practice. This happens to everyone in their daily life. People tend to be nice to u and smile when you are paying money, but after that they let you know that they hate you for what you are.





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  • GCard_Dream
    03-18 05:57 PM
    The line "But those extra numbers would need to be made available to China/India applicants on an equal basis" made me confused. I guess the statement above would still be true if India and China had equal number of pending cases with similar PDs then both countries would have received equal number of unused visas. I missed that fact that visa allocation was by PD. Thanks for the clarification.

    Please see the last sentece which says "Thus, the same cut-off date for each country since the extra numbers must be made available in priority date order without regard to country".

    When they use this spill over, only PD is imp not the country.



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  • pappu
    07-01 06:11 PM
    Everyone is busy partying.
    No we are not partying. Welcome to IV. Please update your profile with full information. Thanks.





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  • nojoke
    09-17 09:51 PM
    Oh my God, i am screwed, end of the world, life sucks, dont know what to do, i am crying, i am bleeding, screaming, God, superpower help meeeee, save meeee

    Get a life dude, you werent born thinking america

    If you don't like my rant stop reading it. What the hell is 'born thinking america'. Why do you rant about GC then? Why do you care being on this board? You go get a life. I never compelled to comment on my rant? Did I? You must have gone crazy





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  • go_guy123
    09-09 03:05 PM
    With republican House there is zero chance of anything happening on any kind of immigration bill. Nothing other than border security will be taken up. It will be best to kiss good bye to GC dreams if republicans win the House.

    yes you will get border security (more national guards/agents at the border, mandatory SSN check )
    in exchange for SKIL bill. GOP will thrown the illegals under the bus with backing of technology lobby (opposite of what the democratic party does: throw the skilled immigrants under under the bus at every oppotunity)





    prem_goel
    07-12 08:15 PM
    Spillover happens quarterly, but the visas are allocated in the last quarter! This is because the retrogressed countries are allocated their regular quota every quarter and the extra visas must be allocated based on the priority date, irrespective of the country! It would be difficult to allocate in the earlier quarters to achieve this!

    So looking at the demand data used for determining Aug bulletin,

    http://www.travel.state.gov/pdf/EmploymentDemandUsedForCutOffDates.pdf

    how far do you think it'll progress next month?





    uppaji
    08-03 12:29 PM
    Hi Can we all agree up on a standard content format to Lou Dobbs.
    Please send your text, if you have already sent emails.
    I just want to make sure that they should realize that there is mass response for the smae topic.



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