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ssa
07-14 08:00 PM
That's exactly what I was wondering about! Did anybody get a rejection letter from *DOL* advising them to apply in EB3 instead? It's hard for me to believe DOL was ever that helpful!
And if they did not hear it from DOL and did this on their attorney's/employer's advise sending out this letter may spell trouble for the sender. You are basically sending out a signed letter stating that you tried to get labor approved for one category, failed and then applied in a lower category for exactly same job to work your way around the rejection. I'm not sure on how solid legal ground we will be if this be the case. Job requirements are supposed to be what they are and not what is "approvable". Remember recent Fragomen audit?
Now before labeling this as yet another FUD from EB2 please understand that I'm not saying that you should or shouldn't send out the letter. Just that we should consult someone qualified in immigration law to make sure we are not inviting more troubles than what we are already in.
pani,
This is what you have in the draft letter.
"Let me take you back to the situation in 2001-2003 when a lot of current (EB3) applicants were qualified under EB2 and RIR category(many of whom had masters degrees from Top US universities) our green card labors applications were sent back from DOL saying that the economy was slow and hence cant apply in EB-2. So we were forced to apply in EB3 NON- RIR categories, but when the economy improved in 04-05 you introduced the PERM system and most people applied in EB2 and got their Labors cleared in few months time while the folks who applied in 2001-2004 were stuck at the backlog centers for 3 plus years."
Do you have any evidence/reference to back this up?
And if they did not hear it from DOL and did this on their attorney's/employer's advise sending out this letter may spell trouble for the sender. You are basically sending out a signed letter stating that you tried to get labor approved for one category, failed and then applied in a lower category for exactly same job to work your way around the rejection. I'm not sure on how solid legal ground we will be if this be the case. Job requirements are supposed to be what they are and not what is "approvable". Remember recent Fragomen audit?
Now before labeling this as yet another FUD from EB2 please understand that I'm not saying that you should or shouldn't send out the letter. Just that we should consult someone qualified in immigration law to make sure we are not inviting more troubles than what we are already in.
pani,
This is what you have in the draft letter.
"Let me take you back to the situation in 2001-2003 when a lot of current (EB3) applicants were qualified under EB2 and RIR category(many of whom had masters degrees from Top US universities) our green card labors applications were sent back from DOL saying that the economy was slow and hence cant apply in EB-2. So we were forced to apply in EB3 NON- RIR categories, but when the economy improved in 04-05 you introduced the PERM system and most people applied in EB2 and got their Labors cleared in few months time while the folks who applied in 2001-2004 were stuck at the backlog centers for 3 plus years."
Do you have any evidence/reference to back this up?
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paskal
04-07 05:27 PM
Can there be a differentiation between extensions/renewals/company changes and new H1bs?
In some sense there already is, since the former are not subject to cap, while the latter are.
So, why not extend the same argument to other situations?
Get an LCA and impose all kinds of restrictions on new H-1Bs, but don't apply these on existing H-1Bs, especially if they have had their labors filed.
That way, they don't get rid of existing H1B employees.
They only make it harder for new people to get H1bs. Which, it is my understanding, is not our fight.
I agree, new H1b is not our concern..well not directly or immediately.
maybe the way to approach this is to ask that a PERM/LC once approved be considered as fulfilling the requirement for any certification needed for the job- in any case if it's the same process, it amounts to useless duplication to keep certifying a job again and again...
In some sense there already is, since the former are not subject to cap, while the latter are.
So, why not extend the same argument to other situations?
Get an LCA and impose all kinds of restrictions on new H-1Bs, but don't apply these on existing H-1Bs, especially if they have had their labors filed.
That way, they don't get rid of existing H1B employees.
They only make it harder for new people to get H1bs. Which, it is my understanding, is not our fight.
I agree, new H1b is not our concern..well not directly or immediately.
maybe the way to approach this is to ask that a PERM/LC once approved be considered as fulfilling the requirement for any certification needed for the job- in any case if it's the same process, it amounts to useless duplication to keep certifying a job again and again...
gcnotfiledyet
03-24 04:26 PM
No problems with Universities. I was surprised to see how many h-1b's are actually held by universities.
You would be even more surprised if you look at the LCA and the salary they pay. Its surprising how they can get away with it. But then they are cap exempt, so that says something.
You would be even more surprised if you look at the LCA and the salary they pay. Its surprising how they can get away with it. But then they are cap exempt, so that says something.
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acecupid
08-05 03:15 PM
Seems like a lot of emotions running high on this thread!
Given that the USCIS director doesn't visit IV before writing memos on interfiling and porting PD's it's meaningless getting your blood pressure up.
Rolling flood is definitely free to file his/her lawsuit whether folks here like it or not and SunnySurya has every right to join in.
Wondering why folks from EB-3 want to just move up to EB-2 and port PD. Why not go for EB-1? After all that category is current.
If someone is eligible to port to a higher category they will rightfully do so. Your post seems to imply all PD porting is through shady means. Grow up buddy!
Given that the USCIS director doesn't visit IV before writing memos on interfiling and porting PD's it's meaningless getting your blood pressure up.
Rolling flood is definitely free to file his/her lawsuit whether folks here like it or not and SunnySurya has every right to join in.
Wondering why folks from EB-3 want to just move up to EB-2 and port PD. Why not go for EB-1? After all that category is current.
If someone is eligible to port to a higher category they will rightfully do so. Your post seems to imply all PD porting is through shady means. Grow up buddy!
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unitednations
03-24 07:56 PM
http://www.ca5.uscourts.gov/opinions/pub/98/98-60340.CV0.wpd.pdf
Above case is the most frequent cited case by california/vermont service center and appeals office in denying h-1b's.
Essentially; many years ago a nurse staffing agency was filing h-1b's and they were doing it for a specific set of nurses which actually required a degree (most nurses do not require a degree).
The staffing agency was using one of the ways to demonstrate that the job required a degree (which is listed in 8 cfr 214.2h) that it normally hired nurses with degrees. Essentially; they were trying to circumvent h-1b for jobs that normally didn't require degrees.
USCIS and the courts basically stated that if a person is not working at your location then you are considered a "token" employer and that the job requirements of where you are actually working is what needs to be demonstrated to see if the job requires a degree.
Most of h-1b rfe's are trying to determine whether the petitioner is the employer or the agent (they ask for office information, project details and intertwine it to whether you have specailty occupation work at your location) or if the information on your payroll reports; your office size, pictures, etc., show that you are an agent. If they believe that you are an agent then they go the purchase order route.
Now; uscis is totally misapplying this because h-1b is simple; job requreis a degree and person has that degree. In this particular case; nursing agency was trying to create a degree requirement for job that normally doesn't require one.
However; they are applying this standard to all the staffing companies. I would read it and memorize it as this is quoted in every one of the denials.
Above case is the most frequent cited case by california/vermont service center and appeals office in denying h-1b's.
Essentially; many years ago a nurse staffing agency was filing h-1b's and they were doing it for a specific set of nurses which actually required a degree (most nurses do not require a degree).
The staffing agency was using one of the ways to demonstrate that the job required a degree (which is listed in 8 cfr 214.2h) that it normally hired nurses with degrees. Essentially; they were trying to circumvent h-1b for jobs that normally didn't require degrees.
USCIS and the courts basically stated that if a person is not working at your location then you are considered a "token" employer and that the job requirements of where you are actually working is what needs to be demonstrated to see if the job requires a degree.
Most of h-1b rfe's are trying to determine whether the petitioner is the employer or the agent (they ask for office information, project details and intertwine it to whether you have specailty occupation work at your location) or if the information on your payroll reports; your office size, pictures, etc., show that you are an agent. If they believe that you are an agent then they go the purchase order route.
Now; uscis is totally misapplying this because h-1b is simple; job requreis a degree and person has that degree. In this particular case; nursing agency was trying to create a degree requirement for job that normally doesn't require one.
However; they are applying this standard to all the staffing companies. I would read it and memorize it as this is quoted in every one of the denials.
nogc_noproblem
08-07 02:22 PM
You Work in Corporate America If...
You sat at the same desk for 4 years and worked for three different companies.
Your company welcome sign is attached with Velcro.
Your resume is on a diskette in your pocket.
Your company logo on your badge is applied with stick-um.
You order your business cards in "half orders" instead of whole boxes.
When someone asks about what you do for a living, you lie.
You get really excited about a 2% pay raise.
You learn about your layoff on CNN.
Your biggest loss from a system crash is that you lose your best jokes. :p
You sit in a cubicle smaller than your bedroom closet.
Salaries of the members on the Executive Board are higher than all the Third World countries' annual budgets combined.
You think lunch is just a meeting to which you drive.
It's dark when you drive to and from work.
Fun is when issues are assigned to someone else.
Communication is something your group is having problems with.
You see a good looking person and know they're a visitor.
Weekends are those days your significant other makes you stay home.
Art involves a white board.
You're already late on the assignment you just got.
You sat at the same desk for 4 years and worked for three different companies.
Your company welcome sign is attached with Velcro.
Your resume is on a diskette in your pocket.
Your company logo on your badge is applied with stick-um.
You order your business cards in "half orders" instead of whole boxes.
When someone asks about what you do for a living, you lie.
You get really excited about a 2% pay raise.
You learn about your layoff on CNN.
Your biggest loss from a system crash is that you lose your best jokes. :p
You sit in a cubicle smaller than your bedroom closet.
Salaries of the members on the Executive Board are higher than all the Third World countries' annual budgets combined.
You think lunch is just a meeting to which you drive.
It's dark when you drive to and from work.
Fun is when issues are assigned to someone else.
Communication is something your group is having problems with.
You see a good looking person and know they're a visitor.
Weekends are those days your significant other makes you stay home.
Art involves a white board.
You're already late on the assignment you just got.
more...
alterego
07-13 02:09 PM
Having a cut off date of April or Dec 2001 for the past few years is as good as VISA being unavailable. So India EB3 was unavailable for the last 3 years or so (except last july).
That's not the case with EB2. EB2 on paper has preference, I agree. That does not mean EB2 should have ALL spill over numbers. Split it 75-25 if not 50-50. Dec 2001 for a retrogressed country is just unfair. When you issue some EB2 2006 numbers issue some to EB3 2002 people as well. Is it too much?
Fairness is not what this is about. That is the whole issue. Is it fair that EB2 India has been waiting for years while EB2ROW has been current? Is it fair EB1 is over supplied with visas while EB2 India even EB2NIW was left heavily retrogressed? Worse yet, is it fair that the USCIS interpreted the law wrongly and gave visas to EB3ROW at the expense of EB2I? Was Labor Subs. Fair?
It is not about fair my friend. I am not unsympathetic to your plea for more EB3I relief. There absolutely should be some, and through a legislative fix. However the executive branch of Gov't has to implement the law as it stands.
That's not the case with EB2. EB2 on paper has preference, I agree. That does not mean EB2 should have ALL spill over numbers. Split it 75-25 if not 50-50. Dec 2001 for a retrogressed country is just unfair. When you issue some EB2 2006 numbers issue some to EB3 2002 people as well. Is it too much?
Fairness is not what this is about. That is the whole issue. Is it fair that EB2 India has been waiting for years while EB2ROW has been current? Is it fair EB1 is over supplied with visas while EB2 India even EB2NIW was left heavily retrogressed? Worse yet, is it fair that the USCIS interpreted the law wrongly and gave visas to EB3ROW at the expense of EB2I? Was Labor Subs. Fair?
It is not about fair my friend. I am not unsympathetic to your plea for more EB3I relief. There absolutely should be some, and through a legislative fix. However the executive branch of Gov't has to implement the law as it stands.
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immique
07-14 01:56 AM
really! can you give me the name of that high school that you are talking about. I want to find out if I can qualify as an EB2 Physician/Scientist if I go to that particular high school and get my high school degree. why the hell would any body waste 15 years going to college, Medical school, post graduate trying to get the required skills.
I don't think the issue is that simple. The whole thing just surfaced another screw-up of the system. The actions taken by all the agencies certainly made things worse.
DoS suddenly interpretted laws differently than before. This just like the PERM, BEC, and last July episode. They took actions without considering people already in line. Those with good faith waiting in line have been constantly pushed around. How many people experienced being stuck in BEC while PERM approves new application like crazy? Who is accountable for all of these? They can't do things willy nilly any more. Someone mentioned lawsuit since DoS either interpret the law wrong now or in the past.
Needless to say that the distincation between EB2 and EB3 has become so meaniningless now. How many positions really satisfy the EB2 requirements? From what I heard that most people just try to get around the system to get an EB2. One of the persons who filed EB2 told me that a high school graduate would probably be able to work in that position too.
Just my observation.
I don't think the issue is that simple. The whole thing just surfaced another screw-up of the system. The actions taken by all the agencies certainly made things worse.
DoS suddenly interpretted laws differently than before. This just like the PERM, BEC, and last July episode. They took actions without considering people already in line. Those with good faith waiting in line have been constantly pushed around. How many people experienced being stuck in BEC while PERM approves new application like crazy? Who is accountable for all of these? They can't do things willy nilly any more. Someone mentioned lawsuit since DoS either interpret the law wrong now or in the past.
Needless to say that the distincation between EB2 and EB3 has become so meaniningless now. How many positions really satisfy the EB2 requirements? From what I heard that most people just try to get around the system to get an EB2. One of the persons who filed EB2 told me that a high school graduate would probably be able to work in that position too.
Just my observation.
more...
vdixit
03-26 03:15 PM
I am still confused about the whole GC issue in buying and selling a home. Why is GC an issue in owing property or even taking overseas vacations? I have done both with absolutely no issues-caribbeans, europe, India. I have owned a home, and then decided to change jobs-move to a different city and sell my house. Heck I sold my house when I was on vacation in India. I did everything by phone and fax, and this is not some few years ago, this is 2 months ago.
I totally agree with the fact that location and the condition of the house being the key factors. Maybe the fact that I have been here for a few years makes me resident alien for tax purposes helped me? I am not entirely sure.
Folks mentioned that what if you lose your job, and have to leave the country etc. But like I mentioned a house can be sold from abroad. And if you have a GC and you lose ur job, how will you make mortgage payments etc. So some problems will stay the same.
Any thoughts/comments on my dilema?
Perhaps someone can elaborate on why GC is a factor?
Cheers.
I totally agree with the fact that location and the condition of the house being the key factors. Maybe the fact that I have been here for a few years makes me resident alien for tax purposes helped me? I am not entirely sure.
Folks mentioned that what if you lose your job, and have to leave the country etc. But like I mentioned a house can be sold from abroad. And if you have a GC and you lose ur job, how will you make mortgage payments etc. So some problems will stay the same.
Any thoughts/comments on my dilema?
Perhaps someone can elaborate on why GC is a factor?
Cheers.
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unitednations
08-02 10:51 PM
ouch. there is always uncertainty, all steps of this gc process :(
thanks for the note. I only hope they 'go after' people if they suspect fraud or out of status or salary issues etc.
We are just a widget/number to uscis adjudicator. All of these ability to pay denials were very scarce prior to 2004. However, in 2003 and 2004 a lot of the 245i labors got approved (gas stations, restaurants, etc.). USCIS started to see a lot of bogus companies filing for people. They decided to clarify in a memo how they were going to look at ability to pay. Now; ability to pay was used rarely, in those cases that didn't look genuine (if you go to AAO decisions you would have seen the type of companies that uscis usually went after). However, to combat the 245i labors they started to apply the memo to all companies. Just imagine that a company with $20 million revenue can get ability to pay denials; but a company with $15,000 in revenue can get approval.
thanks for the note. I only hope they 'go after' people if they suspect fraud or out of status or salary issues etc.
We are just a widget/number to uscis adjudicator. All of these ability to pay denials were very scarce prior to 2004. However, in 2003 and 2004 a lot of the 245i labors got approved (gas stations, restaurants, etc.). USCIS started to see a lot of bogus companies filing for people. They decided to clarify in a memo how they were going to look at ability to pay. Now; ability to pay was used rarely, in those cases that didn't look genuine (if you go to AAO decisions you would have seen the type of companies that uscis usually went after). However, to combat the 245i labors they started to apply the memo to all companies. Just imagine that a company with $20 million revenue can get ability to pay denials; but a company with $15,000 in revenue can get approval.
more...
logiclife
11-21 05:44 PM
Lou Dobbs gets his ratings based on how much angry he can get people.
Same goes for Rush Limbaugh and Bill O'Reilly.
The easiest way to get good ratings and viewership of your program on radio or TV, if you dont have substance and if you dont want to work hard, is to make people angry.
Angry listeners are regular listeners and motivated listeners. Also, a lot more emotional and a lot less objective.
They all know they are talking garbage. Take Bill O'Reilly's "War on Christmas" for example. Does it really matter if walmart hangs a sign that says "Happy Holidays" instead of "Merry Christmas". Does it feed the hungry homeless people? Does to stop Genocide in Darfur. NO.
But it can make some people angry, which gets good ratings and 90% of broadcast media are ratings pimps. All they care about is viewership and ratings and they dont themselves believe in the nonsense they utter into the microphones.
Same goes for Rush Limbaugh and Bill O'Reilly.
The easiest way to get good ratings and viewership of your program on radio or TV, if you dont have substance and if you dont want to work hard, is to make people angry.
Angry listeners are regular listeners and motivated listeners. Also, a lot more emotional and a lot less objective.
They all know they are talking garbage. Take Bill O'Reilly's "War on Christmas" for example. Does it really matter if walmart hangs a sign that says "Happy Holidays" instead of "Merry Christmas". Does it feed the hungry homeless people? Does to stop Genocide in Darfur. NO.
But it can make some people angry, which gets good ratings and 90% of broadcast media are ratings pimps. All they care about is viewership and ratings and they dont themselves believe in the nonsense they utter into the microphones.
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jonty_11
08-02 12:07 PM
Possibly.
However; there are many things that uscis asks for that they are hinging on the grayest of gray areas to get at other things.
Examples:
You don't need to submit tax returns with 485. However, they ask in RFE sometimes. Why do they do that?
USCIS asks for photos of office in h-1b rfe's. There is nothing in the law/regulations stating they are supposed to ask for it.
There is many examples where uscis/dos ask for things that are not required in the law/regulations. However; a lot of these types of evidence they ask for is for "intent", looking for inconsistencies, trying to look at the resonability of information...
Long back when I used to just read memos/laws; it looked pretty straightforward. However; uscis uses the grayest of gray areas to their benefit, not your's.
Department of state for every visa except h and L assume by default that a person has intention of immigrating. The onus is on us to show that we are not going to do that. Unfortunately, uscis is turning the same way in adjudicating of benefits. They seem to think that everyone is playing with the system and they in turn are becoming very difficult.
I agree...with UN..however ...their laggardness in turn is also playing with the system...unfortunately...there is no one to take them to task...
Only when they managed something like July VB fiasco ...did it raise eyebrows.
However; there are many things that uscis asks for that they are hinging on the grayest of gray areas to get at other things.
Examples:
You don't need to submit tax returns with 485. However, they ask in RFE sometimes. Why do they do that?
USCIS asks for photos of office in h-1b rfe's. There is nothing in the law/regulations stating they are supposed to ask for it.
There is many examples where uscis/dos ask for things that are not required in the law/regulations. However; a lot of these types of evidence they ask for is for "intent", looking for inconsistencies, trying to look at the resonability of information...
Long back when I used to just read memos/laws; it looked pretty straightforward. However; uscis uses the grayest of gray areas to their benefit, not your's.
Department of state for every visa except h and L assume by default that a person has intention of immigrating. The onus is on us to show that we are not going to do that. Unfortunately, uscis is turning the same way in adjudicating of benefits. They seem to think that everyone is playing with the system and they in turn are becoming very difficult.
I agree...with UN..however ...their laggardness in turn is also playing with the system...unfortunately...there is no one to take them to task...
Only when they managed something like July VB fiasco ...did it raise eyebrows.
more...
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sroyc
10-01 11:38 AM
Irrespective of who wins, the state of the economy will decide whether immigrant friendly bills will be passed by the Congress. When the times are good, when most Americans are happy with their jobs, very few people will spend their time opposing bills that favor us.
I've a very pessimistic view of the next 2 years. Most of the growth in the last 6-7 years was fueled by debt. Bailout or not, there will be more regulation on lending practices and consumers will find it harder to use their credit cards or home equity line of credit to buy things they really don't need. By some estimates, consumer spending accounts for 60-70% of the GDP, so you can imagine that any slowdown in spending will have a significant effect. I think that recovery from this downturn will be slow and painful. The only thing that can give the economy a huge boost is rapid growth in a new industry like green energy. It won't be easy to switch to green technology because of the strong hold of lobbyists from traditional energy companies over the Congress and it'll take a lot of political will and government spending to spur the green revolution. Will that happen under Obama or McCain? I've no clue. At least Obama has a plan to invest 15 billion dollars a year on renewable energy for the next 10 years.
Meanwhile, I'm not holding my breath for another immigration bill. It's time to explore opportunities in other countries - India/Singapore/China/U.K./Canada/Australia.
I've a very pessimistic view of the next 2 years. Most of the growth in the last 6-7 years was fueled by debt. Bailout or not, there will be more regulation on lending practices and consumers will find it harder to use their credit cards or home equity line of credit to buy things they really don't need. By some estimates, consumer spending accounts for 60-70% of the GDP, so you can imagine that any slowdown in spending will have a significant effect. I think that recovery from this downturn will be slow and painful. The only thing that can give the economy a huge boost is rapid growth in a new industry like green energy. It won't be easy to switch to green technology because of the strong hold of lobbyists from traditional energy companies over the Congress and it'll take a lot of political will and government spending to spur the green revolution. Will that happen under Obama or McCain? I've no clue. At least Obama has a plan to invest 15 billion dollars a year on renewable energy for the next 10 years.
Meanwhile, I'm not holding my breath for another immigration bill. It's time to explore opportunities in other countries - India/Singapore/China/U.K./Canada/Australia.
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natrajs
10-01 09:30 AM
If Obama becomes Prez
1)Sen. Durbin will play major role in immigration policy which may take us to Stone Age.
2)CIR is only resolution for the immigration ( Bills like HR 5882 will go away)
If McCain becomes Prez
1)Anti �immigrant lobbyist will take center stage and will not allow CIR to pass through
2)Smaller measures like HR 5882 will have chances to pass through
This is my opinion and it may differ from others. Its like catch 22, I have very little hope on either of them, more over based on the current economic situation. whoever the prez their focus will be on fixing the economy rather than immigration - my 2 cents
1)Sen. Durbin will play major role in immigration policy which may take us to Stone Age.
2)CIR is only resolution for the immigration ( Bills like HR 5882 will go away)
If McCain becomes Prez
1)Anti �immigrant lobbyist will take center stage and will not allow CIR to pass through
2)Smaller measures like HR 5882 will have chances to pass through
This is my opinion and it may differ from others. Its like catch 22, I have very little hope on either of them, more over based on the current economic situation. whoever the prez their focus will be on fixing the economy rather than immigration - my 2 cents
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cinqsit
03-24 07:03 PM
When I first started to get to know consulatants and staffing companies; I thought that this whole bribe system; creating positions at end clients; how consultants got selected, etc., was a big racket.
However; when I did introspection of how things worked in my industry; I pretty much concluded that it was done in same way but at much, much higher levels.
USCIS is just keeping it pretty simple these days; show us that there is a job with an end client that requires a degree. They pretty much know that it is impossible. Even if you can get one; they pick on it pretty good and still deny it.
The system was actually designed for staffing companies when you think about it. When h-1b was first created; no one would have used it if it wasn't for staffing companies. Typical US companies wouldn't have the network to get foreign employees unless they were already here. To get them from a foreign country then the only companies who can really do so are the staffing companies.
The main reason that I can't get behind lifting of the country quota is exactly this reason. You have a lot of companies run by the same nationality who will only recruit their own people. The staffing companies don't advertise in Indonesia, Germany, Brazil, etc. They only go after their own people. The whole monopolization of visas was used to prevent this type of behaviour.
I always thought that there are people from around the world who want to come here but can't because they are not part of the "system". You can see this in the greencard lottery. Almost 9 million people apploy to get here through this. If they had their own country people looking to get them here then there would be a more equal distribution of visas.
I think people need to step back and think that this is one of the reasons why they have country quotas. No matter what people think that they re being hired for their skills and that employers don't care about their nationality; people need to understand that a "system" has been designed that is benefitting a few nationalities. Once you can get here then you can find your way. However, if you can't get here then you can't find your way.
Its rather ironic that system created for staffing companies was misused so rampantly that they are the ones bearing the brunt of this onslaught.
So according to your experience are they are always denying applications even when the employee is able to furnish a contract with the end client ? This is indeed surprising and alarming. I am just worried this can spill in to everything that USCIS adjudicates.
on the other hand how do you put an end to this misuse ?
Should'nt they establish a set of guidelines for the employers and employees? So both are aware what they are up against. Looks like its pretty arbritary right now and USCIS indeed playing the "hand of god"
However; when I did introspection of how things worked in my industry; I pretty much concluded that it was done in same way but at much, much higher levels.
USCIS is just keeping it pretty simple these days; show us that there is a job with an end client that requires a degree. They pretty much know that it is impossible. Even if you can get one; they pick on it pretty good and still deny it.
The system was actually designed for staffing companies when you think about it. When h-1b was first created; no one would have used it if it wasn't for staffing companies. Typical US companies wouldn't have the network to get foreign employees unless they were already here. To get them from a foreign country then the only companies who can really do so are the staffing companies.
The main reason that I can't get behind lifting of the country quota is exactly this reason. You have a lot of companies run by the same nationality who will only recruit their own people. The staffing companies don't advertise in Indonesia, Germany, Brazil, etc. They only go after their own people. The whole monopolization of visas was used to prevent this type of behaviour.
I always thought that there are people from around the world who want to come here but can't because they are not part of the "system". You can see this in the greencard lottery. Almost 9 million people apploy to get here through this. If they had their own country people looking to get them here then there would be a more equal distribution of visas.
I think people need to step back and think that this is one of the reasons why they have country quotas. No matter what people think that they re being hired for their skills and that employers don't care about their nationality; people need to understand that a "system" has been designed that is benefitting a few nationalities. Once you can get here then you can find your way. However, if you can't get here then you can't find your way.
Its rather ironic that system created for staffing companies was misused so rampantly that they are the ones bearing the brunt of this onslaught.
So according to your experience are they are always denying applications even when the employee is able to furnish a contract with the end client ? This is indeed surprising and alarming. I am just worried this can spill in to everything that USCIS adjudicates.
on the other hand how do you put an end to this misuse ?
Should'nt they establish a set of guidelines for the employers and employees? So both are aware what they are up against. Looks like its pretty arbritary right now and USCIS indeed playing the "hand of god"
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Macaca
09-29 04:06 PM
A Day in the Life: Restaurateurs Hit the Hill (http://rollcall.com/issues/53_34/news/20220-1.html) By Anna Palmer | ROLL CALL, September 27, 2007
Like hundreds of Washington, D.C., trade associations that shuttle their members to town every year for a bit of precious face time with lawmakers and staff, the National Restaurant Association has its once-a-year shot at putting a live face on its most pressing concerns.
On Wednesday, the NRA was ready. Its 700 delegates, who had spent the day before at the Grand Hyatt prepping their talking points, fanned out over the Capitol for 332 meetings, including some 284 lawmakers.
That may seem like an extraordinary show of force. But restaurant owners, like real estate agents and bankers and even florists, all share something in common: a powerful membership presence in every Congressional district.
Still, the results of the day, like many constituent experiences, were decidedly mixed, as the restaurateurs touched on some of Congress' most sensitive subjects: comprehensive immigration reform, food safety and lowering the number of years it takes to depreciate their buildings.
Members arrived by state associations and tended to concentrate on their state delegations.
For the Pennsylvania group, 8 a.m. Wednesday was go time. With 20 restaurateurs swarming the Capitol, they were meeting once again with Sen. Arlen Specter (R-Pa.), whom they see as an ally on immigration reform, and freshman Sen. Bob Casey (D-Pa.), a first for many of them. That's in addition to 14 of the 19 Members of the Pennsylvania Congressional delegation.
Arming themselves with the facts that restaurants are the second-largest private-sector employer, the 2,100-member association wanted answers, mainly about immigration and what Congress is going to do.
As the lobbyists mingled outside Casey's office, for many it was a time to reacquaint themselves with old friends and competitors. Most were loose; they weren't novices on Capitol Hill. They've been here before and were ready to get right to the point.
Led by state President James Flanigan, an intense, impeccably dressed man who has spent his entire career in the food service industry, the group was realistic about their role in national politics.
"The NRA is like the NFL. [The state restaurant associations] are all the backups of the NFL," said Joseph DiSalvo, owner of DiSalvo's Station Restaurant and incoming president of the state association, as they waited in the hallway to meet with Casey.
But while lobbying here is important, the Pennsylvania association, which is headquartered in in the state capital, Harrisburg, sees its role as more intimately involved in state-level politicking than federal.
"Our mission is Harrisburg," said Flanigan. "They can do a lot more damage to us."
Currently, for example, the city of Philadelphia is deciding whether to require trans-fat labeling on menus, which Flanigan describes as "feel-good legislation" that doesn't really work, and Allegheny County, which includes Pittsburgh, which is considering a 10 percent drink tax.
"More and more issues are driven down from the federal to the state and now the local level" Patrick Conway, the state association's top staffer, said.
The group also is dealing with a proposed statewide smoking ban, which it favors. But, the restaurant industry hit a roadblock earlier this year after the tavern association and casinos lobbied heavily for exemptions.
"My own opinion is I hate the government telling me what to do," said Flanigan, of the smoking ban. "But exemptions put us at a competitive disadvantage. It's the old story of leveling the playing field."
After filing into the office adjacent to Casey's main entrance in the Russell building, the group settled in around a long boardroom table, with others perched around the walls.
But there's no Casey. Instead, the lobbyists had to make due with a staffer who works on many of the issues, including immigration reform.
The group has been prepped by lobbyists from the D.C. office of the National Restaurant Association to stay on their talking points: immigration reform, food safety and the restaurant depreciation tax.
"For immigration the primary goal is to express our frustration with the inability of Congress to tackle this obviously significant issue," said Brendan Flanagan, the NRA's vice president of federal relations, in an interview.
Bill Baker, an NRA board member and Pennsylvania restaurateur, led off the discussion, pointing to how comprehensive immigration reform is important not only to their bottom line, but also in making sure employers are on the right side of the law.
He followed up with horror stories of under-staffed restaurants that can only seat half the restaurant because there aren't enough workers.
Baker's frustration is echoed by fellow association members, including Michael Passalacqua, former state association president and owner of Angelo's Italian restaurant in Washington, Pa.
"We are not document experts," Passalacqua said. "The only way the restaurant industry is going to be staffed is a matter of stealing each other's employees."
With just minutes left before the staffer had to exit for another meeting, the delegates had little time to address food safety and depreciation.
As the lobbyists left Casey's office, many are frustrated about not getting more specific answers about when immigration reform is going to happen. But, they held out hope for Specter, whom they see as a real advocate on immigration reform.
After trucking to the Hart Senate Office Building, the delegation was led into Specter's office for the much-anticipated meeting. For many of the delegates who have been attending the national conference for many years, it wasn't the first time they've met with the Senator.
Less than 10 minutes after Specter joined them, they exited the meeting and frustration from some of the members mounted.
Even Conway, the state association chief executive who so far has kept a stiff upper lip all morning helping coordinate the delegates and keep everyone on message, diplomatically explained that Specter "didn't have much time."
But with the meeting so short, and no one from the delegation given the opportunity to ask a single question, others are slightly more frazzled.
"The time frame was just so small, we couldn't get any information. I'm disappointed because I had a lot questions. There's no time with only 10 minutes," Passalacqua said.
Like hundreds of Washington, D.C., trade associations that shuttle their members to town every year for a bit of precious face time with lawmakers and staff, the National Restaurant Association has its once-a-year shot at putting a live face on its most pressing concerns.
On Wednesday, the NRA was ready. Its 700 delegates, who had spent the day before at the Grand Hyatt prepping their talking points, fanned out over the Capitol for 332 meetings, including some 284 lawmakers.
That may seem like an extraordinary show of force. But restaurant owners, like real estate agents and bankers and even florists, all share something in common: a powerful membership presence in every Congressional district.
Still, the results of the day, like many constituent experiences, were decidedly mixed, as the restaurateurs touched on some of Congress' most sensitive subjects: comprehensive immigration reform, food safety and lowering the number of years it takes to depreciate their buildings.
Members arrived by state associations and tended to concentrate on their state delegations.
For the Pennsylvania group, 8 a.m. Wednesday was go time. With 20 restaurateurs swarming the Capitol, they were meeting once again with Sen. Arlen Specter (R-Pa.), whom they see as an ally on immigration reform, and freshman Sen. Bob Casey (D-Pa.), a first for many of them. That's in addition to 14 of the 19 Members of the Pennsylvania Congressional delegation.
Arming themselves with the facts that restaurants are the second-largest private-sector employer, the 2,100-member association wanted answers, mainly about immigration and what Congress is going to do.
As the lobbyists mingled outside Casey's office, for many it was a time to reacquaint themselves with old friends and competitors. Most were loose; they weren't novices on Capitol Hill. They've been here before and were ready to get right to the point.
Led by state President James Flanigan, an intense, impeccably dressed man who has spent his entire career in the food service industry, the group was realistic about their role in national politics.
"The NRA is like the NFL. [The state restaurant associations] are all the backups of the NFL," said Joseph DiSalvo, owner of DiSalvo's Station Restaurant and incoming president of the state association, as they waited in the hallway to meet with Casey.
But while lobbying here is important, the Pennsylvania association, which is headquartered in in the state capital, Harrisburg, sees its role as more intimately involved in state-level politicking than federal.
"Our mission is Harrisburg," said Flanigan. "They can do a lot more damage to us."
Currently, for example, the city of Philadelphia is deciding whether to require trans-fat labeling on menus, which Flanigan describes as "feel-good legislation" that doesn't really work, and Allegheny County, which includes Pittsburgh, which is considering a 10 percent drink tax.
"More and more issues are driven down from the federal to the state and now the local level" Patrick Conway, the state association's top staffer, said.
The group also is dealing with a proposed statewide smoking ban, which it favors. But, the restaurant industry hit a roadblock earlier this year after the tavern association and casinos lobbied heavily for exemptions.
"My own opinion is I hate the government telling me what to do," said Flanigan, of the smoking ban. "But exemptions put us at a competitive disadvantage. It's the old story of leveling the playing field."
After filing into the office adjacent to Casey's main entrance in the Russell building, the group settled in around a long boardroom table, with others perched around the walls.
But there's no Casey. Instead, the lobbyists had to make due with a staffer who works on many of the issues, including immigration reform.
The group has been prepped by lobbyists from the D.C. office of the National Restaurant Association to stay on their talking points: immigration reform, food safety and the restaurant depreciation tax.
"For immigration the primary goal is to express our frustration with the inability of Congress to tackle this obviously significant issue," said Brendan Flanagan, the NRA's vice president of federal relations, in an interview.
Bill Baker, an NRA board member and Pennsylvania restaurateur, led off the discussion, pointing to how comprehensive immigration reform is important not only to their bottom line, but also in making sure employers are on the right side of the law.
He followed up with horror stories of under-staffed restaurants that can only seat half the restaurant because there aren't enough workers.
Baker's frustration is echoed by fellow association members, including Michael Passalacqua, former state association president and owner of Angelo's Italian restaurant in Washington, Pa.
"We are not document experts," Passalacqua said. "The only way the restaurant industry is going to be staffed is a matter of stealing each other's employees."
With just minutes left before the staffer had to exit for another meeting, the delegates had little time to address food safety and depreciation.
As the lobbyists left Casey's office, many are frustrated about not getting more specific answers about when immigration reform is going to happen. But, they held out hope for Specter, whom they see as a real advocate on immigration reform.
After trucking to the Hart Senate Office Building, the delegation was led into Specter's office for the much-anticipated meeting. For many of the delegates who have been attending the national conference for many years, it wasn't the first time they've met with the Senator.
Less than 10 minutes after Specter joined them, they exited the meeting and frustration from some of the members mounted.
Even Conway, the state association chief executive who so far has kept a stiff upper lip all morning helping coordinate the delegates and keep everyone on message, diplomatically explained that Specter "didn't have much time."
But with the meeting so short, and no one from the delegation given the opportunity to ask a single question, others are slightly more frazzled.
"The time frame was just so small, we couldn't get any information. I'm disappointed because I had a lot questions. There's no time with only 10 minutes," Passalacqua said.
more...
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Michigan123
12-29 12:59 PM
"The great Athenian historian Thucydides, writing almost 2500 years ago, concluded that one reason a nation goes to war is a perception of waning power: act now because the future looks worse than the present. The scale of the assault on Gaza suggests that the Olmert government is validating Thucydides' analysis: embarking on the end game to crush Hamas before it gets stronger, and Israel's position gets weaker. As Thucydides also observed, though, nations taking this gamble tend to be poor judges of what the consequences will be."
I do not know how much this true ,but one thing is sure America is helping ISLAM (As of today and popular belief that america is destroying ISLAM) ..
by clearing the mess out of Afganistan ,IRAQ and well sometime may be from IRAN ....
Why they are doing >>>> Why they are helping Israel and Attacking Countries which has vast muslim poulation and near to Israel ...Why not attacking Indonesia ,Malaysia ,Pakistan because the Bible has something like that
" Jews must have own land to have a Great ARMAGADEM WAR .When most of the jews will be defeated and killed ,few left will accept christanity. "
so how to achieve this . Please mind America is ruled by Conservative christian not by jews ...
They support israel to have a jews homeland and side by side clearing mess (you can say they are killing people....etc ..please acknowlede around 170 people died due to bus accident in some rural village etc...no one will notice ...when 170 people died in GAZA ,every one is jumping"
Well read Bible and other books and you will able to judge .....
So I have tried to acknowledge two things " A country go for war when future is not safe" and America Need to keep Alive israel till the great ARMGADEM WAR " So you will say why america is havinng WAR "
Please note that Jews killed Jesus. This fact do not go well with conservative
War has causulaity (Soldiers and Civilians at mass scale) ..But america do not have mass scale civilian causualities .........so America is not having WAR ...It is media hype. They are just doing some small time fights ......(everyone needs in there lifespan to show)...
At end Pakistan is moving forces across border becuase it is scared . Israel is planning to INVADE palestine becuase they are scared to death ...Thye do not knwo what OBAMA and better emerging Gulf countries will do with them ..
At end GOD SAVE AMERICA.
I do not know how much this true ,but one thing is sure America is helping ISLAM (As of today and popular belief that america is destroying ISLAM) ..
by clearing the mess out of Afganistan ,IRAQ and well sometime may be from IRAN ....
Why they are doing >>>> Why they are helping Israel and Attacking Countries which has vast muslim poulation and near to Israel ...Why not attacking Indonesia ,Malaysia ,Pakistan because the Bible has something like that
" Jews must have own land to have a Great ARMAGADEM WAR .When most of the jews will be defeated and killed ,few left will accept christanity. "
so how to achieve this . Please mind America is ruled by Conservative christian not by jews ...
They support israel to have a jews homeland and side by side clearing mess (you can say they are killing people....etc ..please acknowlede around 170 people died due to bus accident in some rural village etc...no one will notice ...when 170 people died in GAZA ,every one is jumping"
Well read Bible and other books and you will able to judge .....
So I have tried to acknowledge two things " A country go for war when future is not safe" and America Need to keep Alive israel till the great ARMGADEM WAR " So you will say why america is havinng WAR "
Please note that Jews killed Jesus. This fact do not go well with conservative
War has causulaity (Soldiers and Civilians at mass scale) ..But america do not have mass scale civilian causualities .........so America is not having WAR ...It is media hype. They are just doing some small time fights ......(everyone needs in there lifespan to show)...
At end Pakistan is moving forces across border becuase it is scared . Israel is planning to INVADE palestine becuase they are scared to death ...Thye do not knwo what OBAMA and better emerging Gulf countries will do with them ..
At end GOD SAVE AMERICA.
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chintu25
08-06 11:12 AM
"It looks like the Senate and the president have finally agreed on an immigration bill. ... This one looks like it could become law and, of course, nobody likes it. The conservatives say the bill gives amnesty to the illegals. The liberals say it doesn't go far enough to protect the hardworking immigrants here in America. And the L.A.P.D. doesn't know who to beat up." --Bill Maher
"The liberals are saying that this guest worker program ... is really just a way to depress wages and create a permanent underclass of exploited labor. To which the president said, 'And the problem is?'" --Bill Maher
"President said in his speech that immigrants have to learn English. The immigrants said, 'Hey, you first.'" --Jay Leno
"President is down in Mexico right now. Again, I don't think President gets it. As soon as he stepped off Air Force Once, he looked around and said, 'Wow, you got a big problem with Mexican immigrants down here, too.'" --Jay Leno
:D
"The liberals are saying that this guest worker program ... is really just a way to depress wages and create a permanent underclass of exploited labor. To which the president said, 'And the problem is?'" --Bill Maher
"President said in his speech that immigrants have to learn English. The immigrants said, 'Hey, you first.'" --Jay Leno
"President is down in Mexico right now. Again, I don't think President gets it. As soon as he stepped off Air Force Once, he looked around and said, 'Wow, you got a big problem with Mexican immigrants down here, too.'" --Jay Leno
:D
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Macaca
12-30 07:15 PM
Binayak Sen: India's war on a man of peace
A life term for Binayak Sen under a law used by the British against Gandhi has shocked my country (http://www.guardian.co.uk/commentisfree/libertycentral/2010/dec/28/binayak-sen-india-british-gandhi) By Kalpana Sharma | The Guardian
More than 150 years ago, the British introduced a law in India designed to check rebellious natives. In 2010 this law has been used by an independent India to check activists who question government policy.
Section 124A of the Indian penal code was introduced in 1870 by the British to deal with sedition. It was later used to convict Mahatma Gandhi. In his statement during the hearing on 23 March 1922, Gandhi said, "The section under which Mr Banker [a colleague in non-violence] and I are charged is one under which mere promotion of disaffection is a crime. I have studied some of the cases tried under it, and I know that some of the most loved of India's patriots have been convicted under it. I consider it a privilege, therefore, to be charged under that section � I hold it to be a virtue to be disaffected toward a government which in its totality has done more harm to India than any previous system."
The man convicted under this section in 2010 is, like Gandhi, a man of peace. Dr Binayak Sen, celebrated human rights activist and medical doctor, has worked for more than three decades as a doctor in the tribal-dominated areas of the state of Chhattisgarh in central India, working for people denied many of the basic services that the state should provide, such as health and education.
As a civil rights activist, Sen has been an outspoken critic of the state government and its repressive actions against the armed rebellion launched by the banned Communist party of India (Maoist). The state has introduced special laws to suppress support for the Maoists, raising a militia to fight them. Independent observers concur with Sen on the extent of human rights violations, but in May 2007 he was arrested on charges of working with a banned organisation, based on visiting a well-known Maoist ideologue, Narayan Sanyal, in jail.
Denied bail for two years, Sen was finally allowed out on bail last year. On December 24, a case that on all counts was weak and based on hearsay and circumstantial evidence, concluded. Sen was found guilty of sedition and other charges, and sentenced to life imprisonment. The judgment has provoked widespread condemnation from Indian civil society.
Why this case has shocked people's sensibilities has as much to do with the man himself as the state in which he has chosen to work. Sen worked among the poorest and most deprived people in India, the Adivasis. The Maoists have also established their base in the tribal belt stretching through the heart of India. Their concerns are similar; their strategies diametrically opposite.
But for the Chhattisgarh government, the Maoists are evil and deserve no sympathy or understanding. Because they use violence, the response of the state must be equally violent.
Sen and many others who question India's development policy, which has exacerbated the gap between the poorest and the rich, argue that groups like the Maoists succeed because the state fails to serve the needs of the poor. In an atmosphere where everything is reduced to "You are either for us, or against us", there is no place for people like Sen who are fighting for social justice without violence. Arundhati Roy, who has dared to speak publicly about freedom for Kashmir and has spent time with the Maoists to present their worldview, also narrowly escaped sedition charges earlier this year.
The judgment against Sen also reveals the extent to which paranoia and political bias in a state can affect the justice system. In Chhattisgarh today you would need to be a brave individual to question the state. Even judges in lower courts will not. Sen's supporters are determined to file an appeal and take it to the highest court. But whatever the outcome, the very fact of such a ruling has shocked many. India's judiciary has not remained untouched by the scandals currently being unearthed of corruption in very high places. Yet, by and large, faith in the excruciatingly slow judicial system remains fairly high. Today people ask: if even high-profile people like Sen can be denied justice, what hope is there for some unknown citizen being picked and charged of being a Maoist sympathiser or a terrorist?
A life term for Binayak Sen under a law used by the British against Gandhi has shocked my country (http://www.guardian.co.uk/commentisfree/libertycentral/2010/dec/28/binayak-sen-india-british-gandhi) By Kalpana Sharma | The Guardian
More than 150 years ago, the British introduced a law in India designed to check rebellious natives. In 2010 this law has been used by an independent India to check activists who question government policy.
Section 124A of the Indian penal code was introduced in 1870 by the British to deal with sedition. It was later used to convict Mahatma Gandhi. In his statement during the hearing on 23 March 1922, Gandhi said, "The section under which Mr Banker [a colleague in non-violence] and I are charged is one under which mere promotion of disaffection is a crime. I have studied some of the cases tried under it, and I know that some of the most loved of India's patriots have been convicted under it. I consider it a privilege, therefore, to be charged under that section � I hold it to be a virtue to be disaffected toward a government which in its totality has done more harm to India than any previous system."
The man convicted under this section in 2010 is, like Gandhi, a man of peace. Dr Binayak Sen, celebrated human rights activist and medical doctor, has worked for more than three decades as a doctor in the tribal-dominated areas of the state of Chhattisgarh in central India, working for people denied many of the basic services that the state should provide, such as health and education.
As a civil rights activist, Sen has been an outspoken critic of the state government and its repressive actions against the armed rebellion launched by the banned Communist party of India (Maoist). The state has introduced special laws to suppress support for the Maoists, raising a militia to fight them. Independent observers concur with Sen on the extent of human rights violations, but in May 2007 he was arrested on charges of working with a banned organisation, based on visiting a well-known Maoist ideologue, Narayan Sanyal, in jail.
Denied bail for two years, Sen was finally allowed out on bail last year. On December 24, a case that on all counts was weak and based on hearsay and circumstantial evidence, concluded. Sen was found guilty of sedition and other charges, and sentenced to life imprisonment. The judgment has provoked widespread condemnation from Indian civil society.
Why this case has shocked people's sensibilities has as much to do with the man himself as the state in which he has chosen to work. Sen worked among the poorest and most deprived people in India, the Adivasis. The Maoists have also established their base in the tribal belt stretching through the heart of India. Their concerns are similar; their strategies diametrically opposite.
But for the Chhattisgarh government, the Maoists are evil and deserve no sympathy or understanding. Because they use violence, the response of the state must be equally violent.
Sen and many others who question India's development policy, which has exacerbated the gap between the poorest and the rich, argue that groups like the Maoists succeed because the state fails to serve the needs of the poor. In an atmosphere where everything is reduced to "You are either for us, or against us", there is no place for people like Sen who are fighting for social justice without violence. Arundhati Roy, who has dared to speak publicly about freedom for Kashmir and has spent time with the Maoists to present their worldview, also narrowly escaped sedition charges earlier this year.
The judgment against Sen also reveals the extent to which paranoia and political bias in a state can affect the justice system. In Chhattisgarh today you would need to be a brave individual to question the state. Even judges in lower courts will not. Sen's supporters are determined to file an appeal and take it to the highest court. But whatever the outcome, the very fact of such a ruling has shocked many. India's judiciary has not remained untouched by the scandals currently being unearthed of corruption in very high places. Yet, by and large, faith in the excruciatingly slow judicial system remains fairly high. Today people ask: if even high-profile people like Sen can be denied justice, what hope is there for some unknown citizen being picked and charged of being a Maoist sympathiser or a terrorist?
485Mbe4001
09-30 03:01 PM
He had proposed a very harsh H1b revamp and a total revamp of the L1 visa system.
for example companies hiring H1 would have had to certify and attest that multiple american candidates were interviewed for the poisition. The prevailing wage had to be the highest of three measures (i forget which 3). Transfers were limited or restricted. On the other hand the Dream act simply gave citizenship to any illegal attending high school. The Senator talks about humane immigration and i agree to a certain extent but it should be humane for legals too.
Yes, you are right, the recent 485 denials for people using AC-21 have nothing to do with Obama/Durbin immigtaion policy. But I kind of remember there were some harsh provisions for people using AC 21 in CIR 2007 version. I am trying to find out the details about it.
Correct me if I am wrong.
for example companies hiring H1 would have had to certify and attest that multiple american candidates were interviewed for the poisition. The prevailing wage had to be the highest of three measures (i forget which 3). Transfers were limited or restricted. On the other hand the Dream act simply gave citizenship to any illegal attending high school. The Senator talks about humane immigration and i agree to a certain extent but it should be humane for legals too.
Yes, you are right, the recent 485 denials for people using AC-21 have nothing to do with Obama/Durbin immigtaion policy. But I kind of remember there were some harsh provisions for people using AC 21 in CIR 2007 version. I am trying to find out the details about it.
Correct me if I am wrong.
prioritydate
08-05 06:24 PM
<20. If it itches, it will be scratched. We do that.>
ROTFLMAO.... :D:D:D
ROTFLMAO.... :D:D:D
