vinabath
04-23 03:34 PM
any one who tells to be cautious is a desi employer or a silent partner. Any one wonder to ask the thread starter
why in the beginning he chose a desi employer and signed a non-compete clause?
why did not get his H-1 done with PF?
every one( desi employer and h-1b employee) have weaknesses and strong points.
H-1B program is the nastiest and problematic for employer and also for the employee. There is a reason lot of american born owned consulting business dont do H-1s. Big over head on the employer. Accounting complexity and hard to follow H-1b and dol rules.
I am not even talking immigration process and family problems H-1bs go through. Desi employers take the risk of doing h-1s and and 90% of them dont even grow beyond 50 people and there is constant battle of retaining H-1 b employees at the same time making profit.
I thought of starting a desi consulting firm and realised it is a lot of pain.
Desi employee
1. wants 80% and may be 90%
2. bare h-1 cost
3. bare gc cost
4. bare insurance cost
5. pay salary on time
6. pay umemp, ss taxes
in addition to the time employer has to spend time to do all the above tasks.
end of the day its not even worth running desi consulting business unless we make atleast 15-20% of the revenue.
end of the day....desi employers have to face the brunt of american born workers and dol that desi employers run poor hiring practices and poor EEO practices and not only that desi employers run down the billing rates.
it is a vicious cycle. desi employees want to work for low billing rates because of their necessity and in turn run down profits of the employers this in turn make both the employee and employer unhappy.
how can a guy with 5 years experience in SAP is ready to work for 60$? LOL.
every knows how the game is played.
another important point employees want the employer run the payroll while they are on bench so that their H-1B status does not mess up. How can an employer run payroll when the employer makes 5-7% profit? LOL.
another one..... employee wants 80% but cannot wait until the client he is working for pays for his services to the employer. employee wants that 80% percent on time. LOL
another one h-1b employees want to cut lines to gc faster. they are ready pay large sums to money to employer to buy earlier PD.
I was H-1b 3 weeks ago. I stayed with my employer for 6 years and still working. and I also know h-1 b is a really bad visa for an employee too.
Ideally USA should give work visas based on individual's merit like an OPT/EAD for 6 years instead of H-1.
why in the beginning he chose a desi employer and signed a non-compete clause?
why did not get his H-1 done with PF?
every one( desi employer and h-1b employee) have weaknesses and strong points.
H-1B program is the nastiest and problematic for employer and also for the employee. There is a reason lot of american born owned consulting business dont do H-1s. Big over head on the employer. Accounting complexity and hard to follow H-1b and dol rules.
I am not even talking immigration process and family problems H-1bs go through. Desi employers take the risk of doing h-1s and and 90% of them dont even grow beyond 50 people and there is constant battle of retaining H-1 b employees at the same time making profit.
I thought of starting a desi consulting firm and realised it is a lot of pain.
Desi employee
1. wants 80% and may be 90%
2. bare h-1 cost
3. bare gc cost
4. bare insurance cost
5. pay salary on time
6. pay umemp, ss taxes
in addition to the time employer has to spend time to do all the above tasks.
end of the day its not even worth running desi consulting business unless we make atleast 15-20% of the revenue.
end of the day....desi employers have to face the brunt of american born workers and dol that desi employers run poor hiring practices and poor EEO practices and not only that desi employers run down the billing rates.
it is a vicious cycle. desi employees want to work for low billing rates because of their necessity and in turn run down profits of the employers this in turn make both the employee and employer unhappy.
how can a guy with 5 years experience in SAP is ready to work for 60$? LOL.
every knows how the game is played.
another important point employees want the employer run the payroll while they are on bench so that their H-1B status does not mess up. How can an employer run payroll when the employer makes 5-7% profit? LOL.
another one..... employee wants 80% but cannot wait until the client he is working for pays for his services to the employer. employee wants that 80% percent on time. LOL
another one h-1b employees want to cut lines to gc faster. they are ready pay large sums to money to employer to buy earlier PD.
I was H-1b 3 weeks ago. I stayed with my employer for 6 years and still working. and I also know h-1 b is a really bad visa for an employee too.
Ideally USA should give work visas based on individual's merit like an OPT/EAD for 6 years instead of H-1.
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raj3078
10-30 10:48 AM
You guys are making me sick and making me think that you are lobbying for numbersusa and alikes.....
Senthil1 -
Are you working for numbersusa? Do you know that it is made by white supremist who dont want any colored skin including native americans to be alive in US? Talk about your scare of getting too many people with substandard MS degrees. Do you not realize that the companies in USA knows a different in good US school and Bad one - So in nutshell the people from bad school wont get job? Do you know that there is nature's rule - Fittest Survival... So in case you are fit enough and qualified enough to get a job then you will get one, it does not matter if you are from good or bad school....
Also, looking at your thoughts, it does not appear that you are MIT or Stanford grade material, so do us all a favor and keep your thoughts to yourself....
Ombudsman - There is a questionmark on Senthil1's origination but we have no such doubt about yours.. You are definitely a MOLE in this IV Organization and the only reason they keep you on board is because this is democracy and we dont want to throw out someone who might disagree - Its about freedom of expression - But when Freedom of expression crosses the line and creates poison pill then we need to weed it out I guess.....
In any case, I would definitely like to challenge your argument about 400 anti: 1 pro immigration calls. Are you aware of Avertising world rule that when someone does not like soemthing, they tend to tell at least 25 people about it, while when someone likes something, they might tell 1 person. In this case, this classic rule has applied beyond expectations because people who are calling are already racist who sit on their ass and expect all colored people to be their slaves and get things done for them. They want their mexican maid or indian computer programmer doing things for them but the moment they realize that these foreigners might get citizenship and be equal to them, they dont like that.... (and so do you)....So there you go....No wonder they pick up phone and dial....In any case, what better can they do?
We cannot reject numbersusa and other organizartion's ideas. As our people are suffering in retrogession some of their people and their families are impacted because of job loss in past. So we cannot tell that they do not have crediblity. They have some valid points also though some of them are absurd. But we need to understand them and try to elimimate their fears also.
QUOTE=purgan]when american's from such third rate schools are not getting jobs, do you seriously think foreigners with their funny accents and relatively poor English communication skills (I'm Indian and can tell you its still a second language to me) can get jobs??
The market has a way of regulating itself. As someone mentioned above, there were a a lot of H1 space available from 2001-03. But it never got filled because there were simply not enough jobs. Lets not try to set up govenment intervention here....let the free market decide....that is what made this country great.
btw, NumbersuSA, FAIR and other restrictionist organizations have zero credibility because they oppose even legal immigration.
That poll....don't impress me much...[/QUOTE]
Senthil1 -
Are you working for numbersusa? Do you know that it is made by white supremist who dont want any colored skin including native americans to be alive in US? Talk about your scare of getting too many people with substandard MS degrees. Do you not realize that the companies in USA knows a different in good US school and Bad one - So in nutshell the people from bad school wont get job? Do you know that there is nature's rule - Fittest Survival... So in case you are fit enough and qualified enough to get a job then you will get one, it does not matter if you are from good or bad school....
Also, looking at your thoughts, it does not appear that you are MIT or Stanford grade material, so do us all a favor and keep your thoughts to yourself....
Ombudsman - There is a questionmark on Senthil1's origination but we have no such doubt about yours.. You are definitely a MOLE in this IV Organization and the only reason they keep you on board is because this is democracy and we dont want to throw out someone who might disagree - Its about freedom of expression - But when Freedom of expression crosses the line and creates poison pill then we need to weed it out I guess.....
In any case, I would definitely like to challenge your argument about 400 anti: 1 pro immigration calls. Are you aware of Avertising world rule that when someone does not like soemthing, they tend to tell at least 25 people about it, while when someone likes something, they might tell 1 person. In this case, this classic rule has applied beyond expectations because people who are calling are already racist who sit on their ass and expect all colored people to be their slaves and get things done for them. They want their mexican maid or indian computer programmer doing things for them but the moment they realize that these foreigners might get citizenship and be equal to them, they dont like that.... (and so do you)....So there you go....No wonder they pick up phone and dial....In any case, what better can they do?
We cannot reject numbersusa and other organizartion's ideas. As our people are suffering in retrogession some of their people and their families are impacted because of job loss in past. So we cannot tell that they do not have crediblity. They have some valid points also though some of them are absurd. But we need to understand them and try to elimimate their fears also.
QUOTE=purgan]when american's from such third rate schools are not getting jobs, do you seriously think foreigners with their funny accents and relatively poor English communication skills (I'm Indian and can tell you its still a second language to me) can get jobs??
The market has a way of regulating itself. As someone mentioned above, there were a a lot of H1 space available from 2001-03. But it never got filled because there were simply not enough jobs. Lets not try to set up govenment intervention here....let the free market decide....that is what made this country great.
btw, NumbersuSA, FAIR and other restrictionist organizations have zero credibility because they oppose even legal immigration.
That poll....don't impress me much...[/QUOTE]
apahilaj
11-25 08:51 PM
Apahilaj,
I got the SR response letter saying I contacted them and they are responding by saying that I should wait for the FP if I have not received one yet. So basically I am where I was 2 months ago.
If you read my earlier posts, I did have doubts that FP and NC may have some connection together.
But I think this seems more of a glitch in the TSC system in generation of FP. I mean either its NC or glitch that is causing this delay. Anyway, the NSC at least generates one for you after you speak to an IO. We are unfortunate in that also.
Dingudi,
In your response letter, did they anywhere mention about biometrics or finger printing notice specifically? In my letter, they did not mention about finger printing at all...All they said that the decision on my case has been delayed due to ongoing background check...I am not sure if they even knew that I had opened up the SR for not receiving FP notice.
Yeah, I was thinking about your earlier post last night when I was reading the response letter..:) But I just can not subscribe to the idea that FP and name checks are even remotely connected...
Well, we just have to wait and watch...good luck to all the fellow sufferrers..
I got the SR response letter saying I contacted them and they are responding by saying that I should wait for the FP if I have not received one yet. So basically I am where I was 2 months ago.
If you read my earlier posts, I did have doubts that FP and NC may have some connection together.
But I think this seems more of a glitch in the TSC system in generation of FP. I mean either its NC or glitch that is causing this delay. Anyway, the NSC at least generates one for you after you speak to an IO. We are unfortunate in that also.
Dingudi,
In your response letter, did they anywhere mention about biometrics or finger printing notice specifically? In my letter, they did not mention about finger printing at all...All they said that the decision on my case has been delayed due to ongoing background check...I am not sure if they even knew that I had opened up the SR for not receiving FP notice.
Yeah, I was thinking about your earlier post last night when I was reading the response letter..:) But I just can not subscribe to the idea that FP and name checks are even remotely connected...
Well, we just have to wait and watch...good luck to all the fellow sufferrers..
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JunRN
08-31 05:30 PM
One more week for me....I'm a July 31st filer...
more...
kevin08
11-19 04:53 PM
Recieved standard reply from Senator's office.
LONGGCQUE
09-23 01:56 PM
Totally agree with admin2. Rules are rules .. if you can apply and get thru EB2 .. so others 'qualified' have the right to do so.
more...
sammyb
11-21 10:58 AM
Can IV as a group arrange some legal consultation for Mehul and his family ... guess we can have a fund drive and raise some money to cover the legal fees ... I am for it... let me know what other thinks ...
2010 that could save his life
desi3933
07-09 02:27 PM
where is the attachment?
Here is the memo. USCIS Link
(http://www.uscis.gov/files/pressrelease/AC21intrm051205.pdf)
Refer to Page 6.
Question 8. Can an alien port to self-employment under INA � 204(j)?
Answer: Yes, as long as the requirements are met. First, the key is whether the employment is in a "same or similar" occupational classification as the job for which the original I-140 petition was filed.
..............
.
Here is the memo. USCIS Link
(http://www.uscis.gov/files/pressrelease/AC21intrm051205.pdf)
Refer to Page 6.
Question 8. Can an alien port to self-employment under INA � 204(j)?
Answer: Yes, as long as the requirements are met. First, the key is whether the employment is in a "same or similar" occupational classification as the job for which the original I-140 petition was filed.
..............
.
more...
ramus
07-07 10:44 PM
Understand your point and agree too. But Monday is busy for everybody including me. I do want to participate and so are my other friends but Monday ior wednesday is just not good for us.
But other then that we can make it any day. I am sure more people will do it on Friday morning..
I recommend a Monday to a Friday. Most of the media/office folks will take friday off as well like you and me. Media will be fresh on monday and people will get good E fares to fly out into DC on Saturday and fly out on Monday night/Tuesday early morning (if at all some one comes out of town). Also forget the 1000 number. We can have a good impact if we have 300+ members and families. When you put a poll out there, have 2 options for sure
a) I will come to DC on any day at any cost to attend this rally.
b) I want to come but I dont know how it will work out, when the day comes.
But other then that we can make it any day. I am sure more people will do it on Friday morning..
I recommend a Monday to a Friday. Most of the media/office folks will take friday off as well like you and me. Media will be fresh on monday and people will get good E fares to fly out into DC on Saturday and fly out on Monday night/Tuesday early morning (if at all some one comes out of town). Also forget the 1000 number. We can have a good impact if we have 300+ members and families. When you put a poll out there, have 2 options for sure
a) I will come to DC on any day at any cost to attend this rally.
b) I want to come but I dont know how it will work out, when the day comes.
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snathan
02-10 12:12 AM
Thanks a lot. Today its $ 869
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jsb
11-26 02:27 PM
Hello
I dont have access to the certified labor copy , I am just wondering if we need it for AC21 purposes. I am not sure how to get it from my desi employer/ desi lawyer. I have a job offer with a fortune 200 company which is willing to do H1b transfer/extension so I am opting for H1b instead of EAD. I am pretty sure about the job description will satisfy the same/similar test.
Is the job title and job description mentioned on the labor cert? Mine is a pre perm case. Is it good to have copy of labor cert for AC21?
I-485 filing package should include a Letter of Reconfirmation of job-offer from your sponsor. This letter should describe what was in the LC. If you get a copy of this letter, you know what you need from your new employer. I-485 is your filing, therefore, you should not have difficulty in getting a copy of full set of what was filed.
I dont have access to the certified labor copy , I am just wondering if we need it for AC21 purposes. I am not sure how to get it from my desi employer/ desi lawyer. I have a job offer with a fortune 200 company which is willing to do H1b transfer/extension so I am opting for H1b instead of EAD. I am pretty sure about the job description will satisfy the same/similar test.
Is the job title and job description mentioned on the labor cert? Mine is a pre perm case. Is it good to have copy of labor cert for AC21?
I-485 filing package should include a Letter of Reconfirmation of job-offer from your sponsor. This letter should describe what was in the LC. If you get a copy of this letter, you know what you need from your new employer. I-485 is your filing, therefore, you should not have difficulty in getting a copy of full set of what was filed.
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akhilmahajan
02-11 04:36 PM
Bump...........
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house You#39;re Out Of My Life lyrics
sankap
07-10 02:00 PM
@supreet:
Desi/Sankap,
I am not planning to open a company for this. If possible, I would rather work as an independent contractor on 1099.
Please read IRS links I posted above re independent contractor vs. worker. Since you'll be filing your taxes as an independent contractor/sole proprietor on 1099, you'll be considered "self-employed." AC21 allows self-employment. You may not be formally opening a company, but you'll be self-employed.
Now, after reading the last few posts, it looks like there are three things I need to worry about in case of a RFE -
1. Job should be bona fide (without going into the definition of the word).
My project is going to be with a large Bank through a big, wellknown consulting/outsourcing company. That should take care of the 'bonafide' part.
All self-employment is legitimate--so no need to worry. Another option is o get the EVL from the staffing company in case of RFE. Your subcontract with the bank is immaterial.
2. Should have similar/same job duties/responsibilities.
I am still waiting for the contract, however I can have my job duties/responsibilities listed out in my contract with the company. I am sure I can get a letter from the client too if it comes to that.
Your self-employment under AC21 has to be same or similar job. If the contracting co can give you an EVL (in case of an RFE), good enough. If not, you can create one for your self-employed "Sole Proprietorship." I wouldn't bother the staffing company*now* for an EVL.
3. Job should be permanent - This is something I may not be able to prove. Since the project is short term, I am sure my contract will mention that. I am trying to convince the company to at least include "contract-to-hire" in the language of the contract. Since this project has potential of becoming long term, company is not averse to this idea.
Will having 'contract-to-hire' in the contract take care of this question (if a RFE comes).
All self-employment is "permanent." The staffing co may be able to write that on EVL. I wouldn't talk with the staffing co about that now: worry about that only in case of an RFE.
Thanks!!
- S
Desi/Sankap,
I am not planning to open a company for this. If possible, I would rather work as an independent contractor on 1099.
Please read IRS links I posted above re independent contractor vs. worker. Since you'll be filing your taxes as an independent contractor/sole proprietor on 1099, you'll be considered "self-employed." AC21 allows self-employment. You may not be formally opening a company, but you'll be self-employed.
Now, after reading the last few posts, it looks like there are three things I need to worry about in case of a RFE -
1. Job should be bona fide (without going into the definition of the word).
My project is going to be with a large Bank through a big, wellknown consulting/outsourcing company. That should take care of the 'bonafide' part.
All self-employment is legitimate--so no need to worry. Another option is o get the EVL from the staffing company in case of RFE. Your subcontract with the bank is immaterial.
2. Should have similar/same job duties/responsibilities.
I am still waiting for the contract, however I can have my job duties/responsibilities listed out in my contract with the company. I am sure I can get a letter from the client too if it comes to that.
Your self-employment under AC21 has to be same or similar job. If the contracting co can give you an EVL (in case of an RFE), good enough. If not, you can create one for your self-employed "Sole Proprietorship." I wouldn't bother the staffing company*now* for an EVL.
3. Job should be permanent - This is something I may not be able to prove. Since the project is short term, I am sure my contract will mention that. I am trying to convince the company to at least include "contract-to-hire" in the language of the contract. Since this project has potential of becoming long term, company is not averse to this idea.
Will having 'contract-to-hire' in the contract take care of this question (if a RFE comes).
All self-employment is "permanent." The staffing co may be able to write that on EVL. I wouldn't talk with the staffing co about that now: worry about that only in case of an RFE.
Thanks!!
- S
tattoo Nothing to do to save his life
Dhundhun
12-15 11:26 PM
It does not matter, you have to show +ve outlook, to perform and brings results - this is key to survival. Well, it is too personal, but:
- I give one hour to body, mediatation, exercise, yoga
- Sometimes I go to temple, spend 10-15 minutes
**********
**********
As I mentioned, it is personal, different people will have different approach, as everyone is steering through. I am not sure how much it is going to help - sharing of information on this front.
- I give one hour to body, mediatation, exercise, yoga
- Sometimes I go to temple, spend 10-15 minutes
**********
**********
As I mentioned, it is personal, different people will have different approach, as everyone is steering through. I am not sure how much it is going to help - sharing of information on this front.
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ddeka
08-11 11:05 PM
I just got an email (not magic though) about EAD renewal approval. It was paper filed on 14th June. Not sure if it is for 2 yrs or 1 yr with my priority date current.;)
dresses The Killers Lyrics.
jfredr
08-13 02:14 PM
chek the front log dates announced as of August 10th
http://www.uscis.gov/files/pressrelease/ReceiptingTimes081007.pdf
http://www.uscis.gov/files/pressrelease/ReceiptingTimes081007.pdf
more...
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Sakthisagar
08-09 10:59 AM
Why are you not taking EB1 into account where the diff is 9 - 10 years. I came to US on L1 in 2001 Then applied for EB3 in 2004 which was deneied in 2006. Then started in EB2 in 2006. So if you consider, I have been here since 2001 not that I just come in 2006. Like the same way you too move up in your career and then apply for EB2.
Read this once more...
That is the TRUTH. But TRUTH sometimes is undigestable and it hurts a lot, and especially people who is having an agenda it hurts a lot! :-)
Read this once more...
That is the TRUTH. But TRUTH sometimes is undigestable and it hurts a lot, and especially people who is having an agenda it hurts a lot! :-)
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arunmohan
09-10 01:31 AM
There is nothing change in the next bulletin. What you saw from the last couple of bulletins "Unavailable". That should be happened with in few months. This is my opinion. I am not blaming any body. This is the real situation going on from the last couple of years bulletins.[/QUOTE]
If we just keep watching the visa bulletin every month, there would be no change. We will see November 2001 in next couple of months after that it will become "U" again. We got to do something and we need guidance and direction from IV.
If we just keep watching the visa bulletin every month, there would be no change. We will see November 2001 in next couple of months after that it will become "U" again. We got to do something and we need guidance and direction from IV.
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sanjeev
06-18 10:45 AM
Mailed to NSC on: 1st June
Mailed From State: VA
Received at NSC on: June 4th
140 approved from : NSC
Receipt Date : Still Waiting
Cheque Not cashed as yet
Priority Date Sept 2002
Mailed From State: VA
Received at NSC on: June 4th
140 approved from : NSC
Receipt Date : Still Waiting
Cheque Not cashed as yet
Priority Date Sept 2002
BharatPremi
09-29 09:19 PM
Please see my signature.
ravi98
09-09 09:12 AM
It is depressing to see that nothing has changed much since the last post in this thread in 2007!
We are still in the same rut :mad: and not a single immigration news to read either :eek: let alone have any kind of active debate on the topic !!
We are still in the same rut :mad: and not a single immigration news to read either :eek: let alone have any kind of active debate on the topic !!
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