guy03062
12-11 12:33 PM
12/10/2006: The President Signed Yesterday Continuing Resolution Bill, H.J. 102
The President swiftly signed this bill yesterday so that operation of the federal government be not negatively affected nor disrupted. None of immigration-related bills was apparently attached to this bill. When the new Congress returns on January 4, 2007, one of the top agenda will remain pending appropriation bills for various federal departments and agencies, which they should take care of by February 15, 2007. There is a chance that some immigration legislations such as H-1B relief can still be attached to one of these appropriation bills. People may recall that when the Senate-passed S.1932 died not too long past for its failure to pass the House, the H-1B and L-1 Reform Acts were introduced by Rep. Lamar Smith (TX) and the Congress easily passed the bill as a rider to the Omnibus Spending bill! Considering the fact that the business and academic communities can feel urgency more tangibly in the H-1B crisis as an imminent issue affecting their businesses "here and now," as opposed to EB immigrant issue which may be considered a long-term issue, the negative impact of which may be not necessarily imminently visible and tangible as relaed to their businesses "here and now." In this regard, the H-1B legislation can be taken out of the ill-fated SKIL bill and passed earlier than SKIL-type of EB immigration bill or CIR. We will see how things will unfold.
The President swiftly signed this bill yesterday so that operation of the federal government be not negatively affected nor disrupted. None of immigration-related bills was apparently attached to this bill. When the new Congress returns on January 4, 2007, one of the top agenda will remain pending appropriation bills for various federal departments and agencies, which they should take care of by February 15, 2007. There is a chance that some immigration legislations such as H-1B relief can still be attached to one of these appropriation bills. People may recall that when the Senate-passed S.1932 died not too long past for its failure to pass the House, the H-1B and L-1 Reform Acts were introduced by Rep. Lamar Smith (TX) and the Congress easily passed the bill as a rider to the Omnibus Spending bill! Considering the fact that the business and academic communities can feel urgency more tangibly in the H-1B crisis as an imminent issue affecting their businesses "here and now," as opposed to EB immigrant issue which may be considered a long-term issue, the negative impact of which may be not necessarily imminently visible and tangible as relaed to their businesses "here and now." In this regard, the H-1B legislation can be taken out of the ill-fated SKIL bill and passed earlier than SKIL-type of EB immigration bill or CIR. We will see how things will unfold.
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apt29
07-20 11:57 AM
I am starting this new thread to discuss about EB visas spillover usage based on oldest priority date irrespective of category/country. Currently the spillover happens vertically(a top down approach) from EB1 -> EB2 -> EB3...etc. Instead it should be first used on cases with oldest priority date. This will not only give a good move to clear the backlog but will also be a fair rule for those who are patiently waiting in queue for a long time. I wrote my concern about this to my local congressman. I also request each one of you, who is impacted by this, or who is interested to help us out, to kindly contact your local congressman/woman to express your concern. In turn they can contact USCIS to implement this fair rule to help us all out.
If this idea is implemented, a Pulitzer or Oscar or Olympic Medal winner(let us say in 2010) will have to wait until all backlog before his/her PD is cleared.
:D:D:D
======
EB1: Extraordinary Ability
You must be able to demonstrate extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim. Your achievements must be recognized in your field through extensive documentation. No offer of employment is required.
You must meet 3 of 10 criteria* below, or provide evidence of a one-time achievement (i.e., Pulitzer, Oscar, Olympic Medal)
=======
If this idea is implemented, a Pulitzer or Oscar or Olympic Medal winner(let us say in 2010) will have to wait until all backlog before his/her PD is cleared.
:D:D:D
======
EB1: Extraordinary Ability
You must be able to demonstrate extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim. Your achievements must be recognized in your field through extensive documentation. No offer of employment is required.
You must meet 3 of 10 criteria* below, or provide evidence of a one-time achievement (i.e., Pulitzer, Oscar, Olympic Medal)
=======
mmanurker
02-15 02:27 PM
Donated $100...
Your receipt number for this payment is: 4620-5387-3448-6682
Your receipt number for this payment is: 4620-5387-3448-6682
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pappu
04-20 10:16 AM
I have recently been talking to members who have already filed I485 and have used AC21 to change jobs. I noted some limitations people face while changing jobs, getting higher salaries, making use of AC21 for changing more than 1 job.. etc etc.
It seems there is lack of information on this subject. Let us use this thread to
- share expeiences
- List issues you have all faced so that IV can have this information while working on advocay efforts.
- Make others aware of your problems and do's and don'ts in the community.
- Interpretation of various lawyers on this and how they have helped you solve your difficult situations.
Hope this information will help everyone
It seems there is lack of information on this subject. Let us use this thread to
- share expeiences
- List issues you have all faced so that IV can have this information while working on advocay efforts.
- Make others aware of your problems and do's and don'ts in the community.
- Interpretation of various lawyers on this and how they have helped you solve your difficult situations.
Hope this information will help everyone
more...
pitha
05-23 09:06 AM
I sent the email to senators but was disappointed not to see any SKIL provisions like MS, PHD exemptions.
puddonhead
05-01 10:59 AM
iff = if and only if
The I485s for both primary and dependent could be filed either if the family or the employment category is current.
i.e. assume my PD is X. If X is current in FB category but not in EB category - both the primary and the dependent should still be able to file I485. Same happens if X is current in EB and not in FB.
In this scenario - if the family based category is retrogressed:
Option 1: Spouce can wait the retrogression out in AP/EAD.
Option 2: Primary can become a citizen in 5 years and then "upgrade" the I485 to a new FB category with no retrogression.
Without this joint filing if either category is current - it can cause nightmares for the dependent if the primary gets a GC and the dependent loses H4/L2.
The I485s for both primary and dependent could be filed either if the family or the employment category is current.
i.e. assume my PD is X. If X is current in FB category but not in EB category - both the primary and the dependent should still be able to file I485. Same happens if X is current in EB and not in FB.
In this scenario - if the family based category is retrogressed:
Option 1: Spouce can wait the retrogression out in AP/EAD.
Option 2: Primary can become a citizen in 5 years and then "upgrade" the I485 to a new FB category with no retrogression.
Without this joint filing if either category is current - it can cause nightmares for the dependent if the primary gets a GC and the dependent loses H4/L2.
more...
Madhuri
02-17 07:59 PM
Keep it going guys and gals!
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gjoe
10-09 06:18 AM
Why do you think FIFO is scientifically impossible? If you beleive that weather forecast is reliable like most of the Americans do, making the FIFO system work more effeciently without wasting even a single visa is possible.
It is not necessary to issue the visa if the case is still pending for some reason, but if it has cleared all it has a visa number ready to complete the case. If all the visa numbers are allocated ( not necessarily issued) each year there will be no waste. There is no need to go back and recapture visa numbers because all visa numbers are already allocated. Obove all these reasons, those people with PD's as old as 1999 coming out from the BEC need not face another nightmare like first waiting for the I485 to become current before even he can file and then wait in the end of the queue for new applicants to move forward before having his case handled.
This GC system broke because the system was revamped without taking into account the whole process.
First I-485 is triggered by an act of the applicant (he has to apply). So USCIS is never going to know whether an earlier applicant is still out there trying to file his application or not. In fact I would blame the entire retrogression on USCIS' attempt at FIFO which is scientifically impossible. It only results in wastage of visa numbers. In 2004 USCIS wasted 47000 visa numbers, in 2006 it wasted 10000 visa numbers. What USCIS could think of doing is just approve whoever is approvable. So the visa bulletin has only 2 possible values "C" and "U". If an earlier I485 applicant is stuck in name check then he should take appropriate action (writing to senators, FL, GWB or file WoM) and get his case adjudicated.
There are a lot of misconceptions about AoS. Let me write it here.
1. A visa number is not needed to get AoS adjudicated. A visa number is only required to file the application. But USCIS' stand is that visa number is required both while filing and adjudicating. This according to the statutes and regulations is not true and valid. If USCIS screwed up and delayed adjudicating your application that is their problem. According to statutes and regulations a visa number is only required at the time the application is filed.
2. Neither Statutes nor regulations call for any fbi name check. Remember FBI name check is different from criminal back ground check or finger print check. The name check is an arbitrary decision by FBI and USCIS and will not stand in any court of law.
3. An FBI name check was never called for by USCIS on AoS applicants. It was only required for naturalization applicants. FBI screwed up by sending every one's name through this dreaded name check and now claims that it has too many names to check.
4. If your AoS application is pending for more than a year file a law suit against USCIS because USCIS violated regulations 103.2(b)(18). According to this regulation if an investigation is pending for 6 months district director should review it. At the end of 1 year he should again review it. After that it has to be escalated to higher authorities. Trust me this never happens. Violation of regulations is a serious offense.
So FIFO will never happen because USCIS cannot control who will apply when. Second FIFO is really bad because USCIS then has to keep shuffling its visa numbers around. Instead if it just approves anyone who is approvable atleast visa numbers would get used.
It is not necessary to issue the visa if the case is still pending for some reason, but if it has cleared all it has a visa number ready to complete the case. If all the visa numbers are allocated ( not necessarily issued) each year there will be no waste. There is no need to go back and recapture visa numbers because all visa numbers are already allocated. Obove all these reasons, those people with PD's as old as 1999 coming out from the BEC need not face another nightmare like first waiting for the I485 to become current before even he can file and then wait in the end of the queue for new applicants to move forward before having his case handled.
This GC system broke because the system was revamped without taking into account the whole process.
First I-485 is triggered by an act of the applicant (he has to apply). So USCIS is never going to know whether an earlier applicant is still out there trying to file his application or not. In fact I would blame the entire retrogression on USCIS' attempt at FIFO which is scientifically impossible. It only results in wastage of visa numbers. In 2004 USCIS wasted 47000 visa numbers, in 2006 it wasted 10000 visa numbers. What USCIS could think of doing is just approve whoever is approvable. So the visa bulletin has only 2 possible values "C" and "U". If an earlier I485 applicant is stuck in name check then he should take appropriate action (writing to senators, FL, GWB or file WoM) and get his case adjudicated.
There are a lot of misconceptions about AoS. Let me write it here.
1. A visa number is not needed to get AoS adjudicated. A visa number is only required to file the application. But USCIS' stand is that visa number is required both while filing and adjudicating. This according to the statutes and regulations is not true and valid. If USCIS screwed up and delayed adjudicating your application that is their problem. According to statutes and regulations a visa number is only required at the time the application is filed.
2. Neither Statutes nor regulations call for any fbi name check. Remember FBI name check is different from criminal back ground check or finger print check. The name check is an arbitrary decision by FBI and USCIS and will not stand in any court of law.
3. An FBI name check was never called for by USCIS on AoS applicants. It was only required for naturalization applicants. FBI screwed up by sending every one's name through this dreaded name check and now claims that it has too many names to check.
4. If your AoS application is pending for more than a year file a law suit against USCIS because USCIS violated regulations 103.2(b)(18). According to this regulation if an investigation is pending for 6 months district director should review it. At the end of 1 year he should again review it. After that it has to be escalated to higher authorities. Trust me this never happens. Violation of regulations is a serious offense.
So FIFO will never happen because USCIS cannot control who will apply when. Second FIFO is really bad because USCIS then has to keep shuffling its visa numbers around. Instead if it just approves anyone who is approvable atleast visa numbers would get used.
more...
zoooom
07-19 06:48 PM
Although the thread title says "Reimburse the core team" and I know that the core team will not take any money (and do not expect the memebrs to reimburse them) from the fund that we are planning on creating here...Stilll by contributing to this fund we can make sure that core does not have to bear any out of pocket personal expense in future while working on "our" goal.
Lets see how many of us are actually inetested in contributing. Once we have the number we can set a realistic goal and divide amongst ourselves.
For that I suggest we give this thread good two days to develop and check other members responses...
So here is a chance for everyone to contribute to our own goal. Lets keep this going. Who ever is interested pls reply. I will do a final count after 2 days as suggested and take it from there....
Guys: Its good to see response...Pls reply with the text "In" and the amount.
Members,
I am sure most of us have already gone through this article but those who have not pls do so. This elablarately tells about the sacrifices our core team(especially Aman) had to make inorder to be where we are today...I am sure this will encourage you....
http://www.businessweek.com/bwdaily/...eek+exclusives
========================
Message from Pappu:
Aman has made more financial sacrifices and time sacrifices than anyone else. Not a single penny has been reimbursed to him for his trips to DC, food and stay in DC or car rental in DC. He even risked his job and went to DC on unpaid leave at critical times because lobbying was important for getting our work done. We in the core team know this and when we see the kind of contributions we get from members, we feel disappointed that our efforts are not valued. When we started the $20 contributions people felt $20 was too high and wanted $10 per month or less. The kind of work and effort that is needed to push a single provision is phenomenal and needs lot of capital. The more the better. Sometimes reading posts that say IV core is selfish also disappoints us. People do not know the effort that goes in getting anything done. This website is simply a tool for us to communicate to everyone. The big effort is the lobbying work. We hope the Buisnessweek article helps people realize our hard work and people value it by contributing to it and helping us in all action items.
"Members please pledge the amount. Do NOT pay right now. Since these funds are to be directed towards reimbursing the administrative costs of the core team , we are not going to be adding it to the IV funds. We are working on a strategy to get this amount across to the IV core team members. We will instruct you on how to make the payment, once we formulate a strategy"
Lets see how many of us are actually inetested in contributing. Once we have the number we can set a realistic goal and divide amongst ourselves.
For that I suggest we give this thread good two days to develop and check other members responses...
So here is a chance for everyone to contribute to our own goal. Lets keep this going. Who ever is interested pls reply. I will do a final count after 2 days as suggested and take it from there....
Guys: Its good to see response...Pls reply with the text "In" and the amount.
Members,
I am sure most of us have already gone through this article but those who have not pls do so. This elablarately tells about the sacrifices our core team(especially Aman) had to make inorder to be where we are today...I am sure this will encourage you....
http://www.businessweek.com/bwdaily/...eek+exclusives
========================
Message from Pappu:
Aman has made more financial sacrifices and time sacrifices than anyone else. Not a single penny has been reimbursed to him for his trips to DC, food and stay in DC or car rental in DC. He even risked his job and went to DC on unpaid leave at critical times because lobbying was important for getting our work done. We in the core team know this and when we see the kind of contributions we get from members, we feel disappointed that our efforts are not valued. When we started the $20 contributions people felt $20 was too high and wanted $10 per month or less. The kind of work and effort that is needed to push a single provision is phenomenal and needs lot of capital. The more the better. Sometimes reading posts that say IV core is selfish also disappoints us. People do not know the effort that goes in getting anything done. This website is simply a tool for us to communicate to everyone. The big effort is the lobbying work. We hope the Buisnessweek article helps people realize our hard work and people value it by contributing to it and helping us in all action items.
"Members please pledge the amount. Do NOT pay right now. Since these funds are to be directed towards reimbursing the administrative costs of the core team , we are not going to be adding it to the IV funds. We are working on a strategy to get this amount across to the IV core team members. We will instruct you on how to make the payment, once we formulate a strategy"
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tonyHK12
02-24 02:22 PM
I have received the news letter and it is pretty neat. But you know, many people are busy. So my suggestion was to send out another simple version with only the Advocacy day link with a request for contribution.
Will check with StarSun. maybe a weekly mail with our funding status
Will check with StarSun. maybe a weekly mail with our funding status
more...
blackberry
08-26 06:17 PM
Very few replies here, did everyone mail their application before July 17 th :)
--BB
--BB
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GC08
05-04 09:08 PM
I have to say, no matter how reluctant I am, that I am pretty depressed about the whole green card thing. I have always tried to have a positive attitude and I definitely know that there are a lot of things much more important than green cards. However, I do feel the emotional toll of green card retrogression. Maybe admitting, instead of denying, of the frustration, depression, and even anger is better and may help face it up.
more...
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mnkaushik
07-08 09:30 AM
Sub :Vignette Portal Developer - Java/Tibco - Fortune 100 Co
07/07/2009
Where: Washington D.C.
Length: 1+ year
Rate: $75-80/hour (all-inclusive and must be onsite)
*MUST BE A U.S. CITIZEN!!*
*HOT AND IMMEDIATE NEED!*
Job Spec:
Looking for a strong Vignette Portal Developer with extensive Java experience. Knowledge of Middleware with integrating others COTS applications.
If you, or someone you may know (excellent referral bonus!!) is qualified and interested, please dont hesitate to contact me at yrozmaryn@itmmi.com
Thanks again.
Yair Rozmaryn
Mitchell/Martin, Inc.
307 West 38th Street, Suite 1305
New York, NY 10018
yrozmaryn@itmmi.com
MMI Ranked Among Top 50 Growing Staffing Firms by Staffing Analysts 2006
07/07/2009
Where: Washington D.C.
Length: 1+ year
Rate: $75-80/hour (all-inclusive and must be onsite)
*MUST BE A U.S. CITIZEN!!*
*HOT AND IMMEDIATE NEED!*
Job Spec:
Looking for a strong Vignette Portal Developer with extensive Java experience. Knowledge of Middleware with integrating others COTS applications.
If you, or someone you may know (excellent referral bonus!!) is qualified and interested, please dont hesitate to contact me at yrozmaryn@itmmi.com
Thanks again.
Yair Rozmaryn
Mitchell/Martin, Inc.
307 West 38th Street, Suite 1305
New York, NY 10018
yrozmaryn@itmmi.com
MMI Ranked Among Top 50 Growing Staffing Firms by Staffing Analysts 2006
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caforum2
06-18 12:19 PM
Mailed to NSC on: 1st June
Mailed From State: IL
Received at NSC on: June 2nd
receipt date: June 4th
140 approved from : NSC
Receipt Date : June 16th
Cashed on June 16th
Receipt recedived on June 18th
Mailed From State: IL
Received at NSC on: June 2nd
receipt date: June 4th
140 approved from : NSC
Receipt Date : June 16th
Cashed on June 16th
Receipt recedived on June 18th
more...
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gccovet
02-09 02:45 PM
I will mail my $50 Contribution Today.
GO IV GO-
Thanks a lot rvurady14.
GO IV GO-
Thanks a lot rvurady14.
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unitednations
03-07 01:52 PM
Your Comment on H2B is only right about H2B and doesn't apply on EB green cards. We are people who came on H1B & our Green Cards were sponsored by US employers, we have our Labor & I-140 approved and we are waiting for Visa number assigned to our applications. So you could be comparing apples to peaches...Immigration policies had been hostile in past 12 years and will continue to be same indefinitely...Now our choice is sit back, lie low, keep watching & read Visa predictions indefinitely- may be another decade or 2- or take some steps, which I think, are not going to face much opposition. Also regarding reason behind so many Indians is, that 200K H1B between 1999 and 2002. Even if visa cap is lifted for 2 years that big hump will be crossed, it may smoothen the Visa allocations for Indians.
Some people are floating in Utopia.
Most of us are here on on the ground.
Keep watching the forums and see how many denials have been posted and we are just at the beginning stages... There are many more denials; revocations; dol audits, arrests coming.
While all this is going on; you can continue to push the envelope and try to increase EB greencards, get rid of country quota and loosen up everything.
Some people are floating in Utopia.
Most of us are here on on the ground.
Keep watching the forums and see how many denials have been posted and we are just at the beginning stages... There are many more denials; revocations; dol audits, arrests coming.
While all this is going on; you can continue to push the envelope and try to increase EB greencards, get rid of country quota and loosen up everything.
more...
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abhijitp
11-21 05:38 PM
Mehul
I resonate the feelings of all on this forum, God bless you and your family, these are some thoughts coming to my mind... all might not be feasible in your case so take what you think might help the current situation and make an informed decision.
- Find an "good" immigration lawyer, most immigration lawyers are very community minded, they might also help you without any fees,
- There is a huge fiji community in US I am talking about well established business people (especially in automobile industry) who can help in applying a H1 visa for your wife as a backup and also meet local politicians, and take an infopass appointment to know what really happens to such cases like yours.
- Since you are a Indian Citizen you can go to India for a second opinion if you prefer to, there are great Doctors who studied in US and went back to start their own clinics. Canada is another country who gives free health care and have a shorter immigration process.
- Life in India will also be less expensive if you decide you live there with your savings of 8 years, you might want to look into India's policy on Fiji citizen immigration if your wife/children are Fiji citizens.
- I am sure you must have looked into cancer survivor stories, stem cell research and treatment options.
- Last but not least, concentrate on getting better - fight back, also look into your life insurance options, property papers and write a Will.
God Bless you from what i can understand you are a fighter dealing with health issues, Fiji immigration issues and US immigration issues I am sure you will post a message here at a later date that how you survived and this whole thing will be just a bad episode in your life which came and went away.
That is a very well balanced, informative, as well as inspiring post, arc!
Life comes at you fast... so all of us living here in limbo should take this seriously and come up with a backup strategy in case something untoward happens.
I resonate the feelings of all on this forum, God bless you and your family, these are some thoughts coming to my mind... all might not be feasible in your case so take what you think might help the current situation and make an informed decision.
- Find an "good" immigration lawyer, most immigration lawyers are very community minded, they might also help you without any fees,
- There is a huge fiji community in US I am talking about well established business people (especially in automobile industry) who can help in applying a H1 visa for your wife as a backup and also meet local politicians, and take an infopass appointment to know what really happens to such cases like yours.
- Since you are a Indian Citizen you can go to India for a second opinion if you prefer to, there are great Doctors who studied in US and went back to start their own clinics. Canada is another country who gives free health care and have a shorter immigration process.
- Life in India will also be less expensive if you decide you live there with your savings of 8 years, you might want to look into India's policy on Fiji citizen immigration if your wife/children are Fiji citizens.
- I am sure you must have looked into cancer survivor stories, stem cell research and treatment options.
- Last but not least, concentrate on getting better - fight back, also look into your life insurance options, property papers and write a Will.
God Bless you from what i can understand you are a fighter dealing with health issues, Fiji immigration issues and US immigration issues I am sure you will post a message here at a later date that how you survived and this whole thing will be just a bad episode in your life which came and went away.
That is a very well balanced, informative, as well as inspiring post, arc!
Life comes at you fast... so all of us living here in limbo should take this seriously and come up with a backup strategy in case something untoward happens.
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tabletpc
12-15 10:45 PM
Never make anything a weakness....thats when you will feel you have everything to lose if you don't get it.
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sunny1000
07-09 12:26 AM
My analysis is minimally, if at all, dependent on India, China, ROW, ...
Offcourse I don't know all laws. I will believe DOS/USCIS URLs that explain how VB dates are set.
In general, it will be very useful to finds URLs that explain VB date setting and identify USCIS inconsistencies which they call LAW.
See below link...It has some explanation of the cut-off dates. I don't know if that helps. Also it has been noted the AC21 was intsrumental in re-capturing 131K visas which kept the dates current until 2005. Amazing!! We should hire the lobbying firm which worked on AC21:D
http://travel.state.gov/visa/frvi/bulletin/bulletin_2712.html
Offcourse I don't know all laws. I will believe DOS/USCIS URLs that explain how VB dates are set.
In general, it will be very useful to finds URLs that explain VB date setting and identify USCIS inconsistencies which they call LAW.
See below link...It has some explanation of the cut-off dates. I don't know if that helps. Also it has been noted the AC21 was intsrumental in re-capturing 131K visas which kept the dates current until 2005. Amazing!! We should hire the lobbying firm which worked on AC21:D
http://travel.state.gov/visa/frvi/bulletin/bulletin_2712.html
vinabath
04-24 09:45 AM
In ideal situation Desi employer should provide value rather than just scrape money as revenue sharing mechanism.
If a desi employer can go and get projects and becomes preferred vendor, he would not even do H-1s. He will use a Sub. Believe me H-1B visa is a pain in the ass even for the employer too.
There is a reason desi employers exist. both the desi employers and desi employees pick the best possible scenario/solution with respect to their situation.
If a desi employer can go and get projects and becomes preferred vendor, he would not even do H-1s. He will use a Sub. Believe me H-1B visa is a pain in the ass even for the employer too.
There is a reason desi employers exist. both the desi employers and desi employees pick the best possible scenario/solution with respect to their situation.
sammyb
11-17 05:23 PM
Sent to
Senator Franken (D-MN)
Senator Klobuchar (D-MN)
Representative Paulsen
Senator Franken (D-MN)
Senator Klobuchar (D-MN)
Representative Paulsen
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