andycool
03-16 02:04 PM
141,020 visa numbers used in FY2009
http://www.travel.state.gov/pdf/FY09AnnualReport_TableV.pdf
Look at the last page.
The worldwide level for annual employment-based preference immigrants is 140,000. So the usage was actually more.
__________________
Not a legal advice.
Hello Desi,
"Applicability of Section 202(e): When visa demand by documentarily qualified applicants from a particular country exceeds the amount of numbers available under the annual numerical limitation, that country is considered to be oversubscribed. Oversubscription may require the establishment of an earlier cut-off date than that which applies to a particular visa category on a worldwide basis. The prorating of numbers for an oversubscribed country follows the same percentages specified for the division of the worldwide annual limitation among the preferences. (Note that visa availability cut-off dates for oversubscribed areas may not be later than worldwide cut-off dates, if any, for the respective preferences.)
Furthermore, Section 202(a)(2) reads, �2) Per country levels for family-sponsored and employment-based immigrants. Subject to paragraphs (3), (4), and (5), the total number of immigrant visas made available to natives of any single foreign state or dependent area under subsections (a) and (b) of section 203 in any fiscal year may not exceed seven percent (in the case of a single foreign state) or two percent (in the case of a dependent area) of the total number of such visas made available under such subsections in that fiscal year.� The seven percent per-country limit specified in INA 202(a)(2) is considered to be for both Family-sponsored and Employment-based numbers combined.
Allocation of visa numbers under Section 202(e) is accomplished as follows:
1. If based on historical patterns or current demand it appears that during a fiscal year number use by aliens chargeable to a particular country will exceed the per-country numerical limit for both the Family and Employment preferences combined, that country would be considered oversubscribed. Both the Family and Employment preferences would be subject to the prorating provisions of INA 202(e)(1).
2. Sometimes during a fiscal year it may become apparent that because of a lack of demand in the Family preferences, number use by aliens chargeable to an oversubscribed country will be well within the per-country numerical limit. In such case the excess Family numbers would be made available to the Employment preferences subject to the prorating provisions of INA 202(e)(1). Each of the first three Employment categories would receive 28.6% of the excess numbers, and each of the Fourth and Fifth preference categories 7.1%. (Fall-across would likewise apply if an oversubscribed country lacked sufficient demand in the Employment preferences but had excess demand in the Family preferences.)
If a foreign state other than an oversubscribed country has little Family preference demand but considerable Employment preference demand, the otherwise unused Family numbers fall across to Employment (and vice versa) for purposes of that foreign state�s annual numerical limit. For example, in FY-2009 South Korea used a grand total of 15,899 Family and Employment preference numbers, of which 1,688 were Family numbers and 14,211 were Employment numbers. This grand total was well within the FY-2009 per-country numerical limit of 25,620 Family and Employment numbers combined, so South Korea was not oversubscribed. The unused Family numbers were distributed within the Employment categories, allowing South Korea to be considerably over the 9,800 Employment limit which would have been in effect had it been an oversubscribed country.
This is from April Visa Bulletin , according to this S korea got 14,211 visas from FB ( spill over from FB - EB) then dont you think the total EB visas issued in 2009 should be around 150000 instead of 141000....
I am little confused...
your comment will be greatly appreciated ;)
http://www.travel.state.gov/pdf/FY09AnnualReport_TableV.pdf
Look at the last page.
The worldwide level for annual employment-based preference immigrants is 140,000. So the usage was actually more.
__________________
Not a legal advice.
Hello Desi,
"Applicability of Section 202(e): When visa demand by documentarily qualified applicants from a particular country exceeds the amount of numbers available under the annual numerical limitation, that country is considered to be oversubscribed. Oversubscription may require the establishment of an earlier cut-off date than that which applies to a particular visa category on a worldwide basis. The prorating of numbers for an oversubscribed country follows the same percentages specified for the division of the worldwide annual limitation among the preferences. (Note that visa availability cut-off dates for oversubscribed areas may not be later than worldwide cut-off dates, if any, for the respective preferences.)
Furthermore, Section 202(a)(2) reads, �2) Per country levels for family-sponsored and employment-based immigrants. Subject to paragraphs (3), (4), and (5), the total number of immigrant visas made available to natives of any single foreign state or dependent area under subsections (a) and (b) of section 203 in any fiscal year may not exceed seven percent (in the case of a single foreign state) or two percent (in the case of a dependent area) of the total number of such visas made available under such subsections in that fiscal year.� The seven percent per-country limit specified in INA 202(a)(2) is considered to be for both Family-sponsored and Employment-based numbers combined.
Allocation of visa numbers under Section 202(e) is accomplished as follows:
1. If based on historical patterns or current demand it appears that during a fiscal year number use by aliens chargeable to a particular country will exceed the per-country numerical limit for both the Family and Employment preferences combined, that country would be considered oversubscribed. Both the Family and Employment preferences would be subject to the prorating provisions of INA 202(e)(1).
2. Sometimes during a fiscal year it may become apparent that because of a lack of demand in the Family preferences, number use by aliens chargeable to an oversubscribed country will be well within the per-country numerical limit. In such case the excess Family numbers would be made available to the Employment preferences subject to the prorating provisions of INA 202(e)(1). Each of the first three Employment categories would receive 28.6% of the excess numbers, and each of the Fourth and Fifth preference categories 7.1%. (Fall-across would likewise apply if an oversubscribed country lacked sufficient demand in the Employment preferences but had excess demand in the Family preferences.)
If a foreign state other than an oversubscribed country has little Family preference demand but considerable Employment preference demand, the otherwise unused Family numbers fall across to Employment (and vice versa) for purposes of that foreign state�s annual numerical limit. For example, in FY-2009 South Korea used a grand total of 15,899 Family and Employment preference numbers, of which 1,688 were Family numbers and 14,211 were Employment numbers. This grand total was well within the FY-2009 per-country numerical limit of 25,620 Family and Employment numbers combined, so South Korea was not oversubscribed. The unused Family numbers were distributed within the Employment categories, allowing South Korea to be considerably over the 9,800 Employment limit which would have been in effect had it been an oversubscribed country.
This is from April Visa Bulletin , according to this S korea got 14,211 visas from FB ( spill over from FB - EB) then dont you think the total EB visas issued in 2009 should be around 150000 instead of 141000....
I am little confused...
your comment will be greatly appreciated ;)
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ajthakur
07-14 06:25 PM
I filed EAD renewal on May 28 2008.
Service Center: Nebraska
When did u file your application for EAD renewal and which service center? I am not sure why you think EAD renewal triggered this I-485 RFE?
Service Center: Nebraska
When did u file your application for EAD renewal and which service center? I am not sure why you think EAD renewal triggered this I-485 RFE?
she81
07-13 03:41 PM
They have a habit of coming back and saying "According to the predictions in such and such Murthy bulletin... such and such happened" - always trying to prove their reliability and claim credits. They are just out there to increase the hits on their site. Someone on this thread was correct in saying that the letter should've come out jul 2nd or 3rd if she was really concerned.
IV was the first one to report of a potential good news. Rest all followed.
"Trustworthy Lawyer" is a an oxymoron!
IV was the first one to report of a potential good news. Rest all followed.
"Trustworthy Lawyer" is a an oxymoron!
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nagesh75
10-12 09:15 PM
EB3 - Feb 2004
485,EAD,AP : RD July3107 at NSC
485,EAD,AP : ND Oct0307 at CSC
EAD,AP approved : Oct10 at CSC
485,EAD,AP : RD July3107 at NSC
485,EAD,AP : ND Oct0307 at CSC
EAD,AP approved : Oct10 at CSC
more...
jcmenon
07-24 10:54 AM
It all depend how we interpret the law.
Here is the arguement by stuck labor
"INA: ACT 245 - ADJUSTMENT OF STATUS OF NONIMMIGRANT TO THAT OF PERSON ADMITTED FOR PERMANENT RESIDENCE
(a) The status of an alien who was inspected and admitted or paroled into the United States 1/ or the status of any other alien having an approved petition for classification under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 204(a)(1) or may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if
(3) an immigrant visa is immediately available to him at the time his application is filed."
BUT
The above is applicable for adjustment of status only not for filing of 485.
Here the case in point is to argue for filing 485, not for adjusting of status even VISA numbers are not available. It is not mentioned anywhere in the act that the 485 petition cannot be filed. It is worth to give a try with USCIS. The present law does not mention anything about filing and we can take advantage of that.
Here is the arguement by stuck labor
"INA: ACT 245 - ADJUSTMENT OF STATUS OF NONIMMIGRANT TO THAT OF PERSON ADMITTED FOR PERMANENT RESIDENCE
(a) The status of an alien who was inspected and admitted or paroled into the United States 1/ or the status of any other alien having an approved petition for classification under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 204(a)(1) or may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if
(3) an immigrant visa is immediately available to him at the time his application is filed."
BUT
The above is applicable for adjustment of status only not for filing of 485.
Here the case in point is to argue for filing 485, not for adjusting of status even VISA numbers are not available. It is not mentioned anywhere in the act that the 485 petition cannot be filed. It is worth to give a try with USCIS. The present law does not mention anything about filing and we can take advantage of that.
neoneo
09-26 09:31 PM
---
Hi,
Thanks for your feedback:
"I don't think CNN is to be faulted that much coz IV itself has lost its focus towards Employment Based Green Cards."
Your comment doesn't make sense to me. Please explain.
The point to be made is simple. Over last few months IV members, as an organization, with all it's diverse members and even more diverse immigration problems, in general have moved towards having an opinion and pushing an agenda in a direction which may affect H1-B, F1 visas and not directly EB Green cards.
It would be more prudent if the message sent across is simple-- rather than use the term generic term of legal immigrants - it should focus towards EB-Green cards, coz very few (other than the stuck )understand that H1-B is non-immigrant visa and try to club the whole GC + H1B issue together.
From CNN's point of view (and the whole world) the Legal immigrants are GC, H1, F1, B1, L1, etc .. the onus is on IV to clear that IV stands for EB based GCs. period. Use the term "Immigrant" wisely and sparsely.
Hi,
Thanks for your feedback:
"I don't think CNN is to be faulted that much coz IV itself has lost its focus towards Employment Based Green Cards."
Your comment doesn't make sense to me. Please explain.
The point to be made is simple. Over last few months IV members, as an organization, with all it's diverse members and even more diverse immigration problems, in general have moved towards having an opinion and pushing an agenda in a direction which may affect H1-B, F1 visas and not directly EB Green cards.
It would be more prudent if the message sent across is simple-- rather than use the term generic term of legal immigrants - it should focus towards EB-Green cards, coz very few (other than the stuck )understand that H1-B is non-immigrant visa and try to club the whole GC + H1B issue together.
From CNN's point of view (and the whole world) the Legal immigrants are GC, H1, F1, B1, L1, etc .. the onus is on IV to clear that IV stands for EB based GCs. period. Use the term "Immigrant" wisely and sparsely.
more...
snathan
08-21 03:54 PM
luvschocolates...
I really feel sorry for you. I understand your issue and wish we can help you...but things are really complicated in your case. But unfortunately this is how the USCIS is working and immigration is completely broken. Please iginore these guys and get legal help. May be you can contact Sheela Murthy law firm. Its expensive but no other option. Or post your issues in their web site or Ron gotcher's web site. He might be able to guide you in this.
Thanks
I really feel sorry for you. I understand your issue and wish we can help you...but things are really complicated in your case. But unfortunately this is how the USCIS is working and immigration is completely broken. Please iginore these guys and get legal help. May be you can contact Sheela Murthy law firm. Its expensive but no other option. Or post your issues in their web site or Ron gotcher's web site. He might be able to guide you in this.
Thanks
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feedfront
09-21 12:23 PM
Hi Guys,
I am in tough spot. I was laid off from my GC sponsoring employer (A) in 2008 and joined another employer B . I did not do a AC21 notification. My dates are current and now I received an RFE to provide employment letter from current employer. The exact words of RFE are as follows:
"Submit a letter of employment attesting to applicant's current employment. This letter should be written on the company's official letterhead, citing the date the applicant began working, if a permanent full time position, the position offered, the position the applicant is currently working and the salary offered. Include corroborating evidence such as recent pay stubs, income tax returns, with all W2s or other evidence as appropriate. "
Now I am not working for original GC employer. I don't have a problem providing above from my current employer B. But whether the EVL should also mention that I am not working for GC sponsoring employer and that my current employers job profile is in same classification as previous based on AC21. Do I mention about the AC21 also in the letter? My current employer's attorneys are not that great but my current employer only wants me to use their own attorney.
Now here is the situation:
I have a job offer from another employer (Employer C) and they are in the middle of doing a H-1 transfer. In fact by tomorrow they will file the H1 paperwork. Now I don't know whether I should provide the letter from my potential new employer C . In that case, I won't be able to provide W2 or pay stubs until I join them. I have an opportunity to use my own attorney here (like murthy, Ron Gothcer..)
OR
should I provide a letter from my current employer using their attorneys and whether or not I should mention about AC21 in the employment letter.
Also they sent the RFE to my previous employer's attorney even though my current employer's attorney had sent the new G-28 forms. Can my current attorney respond to the RFE or will the response get rejected because USCIS still has old attorney on file.
Thanks.
Don't worry too much, just follow the instructions and respond. Well, I will suggest to use your current employer and their attorney as paperword will be smooth, efficient and fast.
You can hold your H1 transfer for a week or two till you don't respond.
I think your attorney (whoever you pick to work on RFE) will definitely mention AC-21 to keep it issueless.
I have also switched my employer and not filed AC-21. I've been sent RFE and that's what my attorney will do (I assume). I had asked him before (after switching job) if I needed to file AC21 letter. He said it's not mandatory and added that it can be handled if any RFEs are issued. Well, I did not send AC21 because he was asking for fee and I did not want to DIY project on such important. He's my previous employer's attorney.
I think for these RFEs you don't need great attorney as case is not complex. I think anything will work as long as you've not misused any GC's requirements.
Good Luck!
I am in tough spot. I was laid off from my GC sponsoring employer (A) in 2008 and joined another employer B . I did not do a AC21 notification. My dates are current and now I received an RFE to provide employment letter from current employer. The exact words of RFE are as follows:
"Submit a letter of employment attesting to applicant's current employment. This letter should be written on the company's official letterhead, citing the date the applicant began working, if a permanent full time position, the position offered, the position the applicant is currently working and the salary offered. Include corroborating evidence such as recent pay stubs, income tax returns, with all W2s or other evidence as appropriate. "
Now I am not working for original GC employer. I don't have a problem providing above from my current employer B. But whether the EVL should also mention that I am not working for GC sponsoring employer and that my current employers job profile is in same classification as previous based on AC21. Do I mention about the AC21 also in the letter? My current employer's attorneys are not that great but my current employer only wants me to use their own attorney.
Now here is the situation:
I have a job offer from another employer (Employer C) and they are in the middle of doing a H-1 transfer. In fact by tomorrow they will file the H1 paperwork. Now I don't know whether I should provide the letter from my potential new employer C . In that case, I won't be able to provide W2 or pay stubs until I join them. I have an opportunity to use my own attorney here (like murthy, Ron Gothcer..)
OR
should I provide a letter from my current employer using their attorneys and whether or not I should mention about AC21 in the employment letter.
Also they sent the RFE to my previous employer's attorney even though my current employer's attorney had sent the new G-28 forms. Can my current attorney respond to the RFE or will the response get rejected because USCIS still has old attorney on file.
Thanks.
Don't worry too much, just follow the instructions and respond. Well, I will suggest to use your current employer and their attorney as paperword will be smooth, efficient and fast.
You can hold your H1 transfer for a week or two till you don't respond.
I think your attorney (whoever you pick to work on RFE) will definitely mention AC-21 to keep it issueless.
I have also switched my employer and not filed AC-21. I've been sent RFE and that's what my attorney will do (I assume). I had asked him before (after switching job) if I needed to file AC21 letter. He said it's not mandatory and added that it can be handled if any RFEs are issued. Well, I did not send AC21 because he was asking for fee and I did not want to DIY project on such important. He's my previous employer's attorney.
I think for these RFEs you don't need great attorney as case is not complex. I think anything will work as long as you've not misused any GC's requirements.
Good Luck!
more...
angelfire76
02-13 06:17 PM
This is ridiculous; no one asked you to come to this country.
Nor are you entitled to anything besides what they chose to bestow.
Remember that.
Can I then go ask your employer as to why he/she is paying you more than what they might think you deserve to get ? :rolleyes:
After all nobody is forcing you to work with the company right?
Nor are you entitled to anything besides what they chose to bestow.
Remember that.
Can I then go ask your employer as to why he/she is paying you more than what they might think you deserve to get ? :rolleyes:
After all nobody is forcing you to work with the company right?
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thamizhan
07-24 11:24 AM
Do you know to which center he applied and which center sent his packet back ?
more...
pmamp
07-05 01:56 PM
In the time it took you to write all this up, mayb you coudl have enlightened a senator or two...
Sai,
I DO THAT PART. PLEASE DO NOT MAKE ANY ASSUMPTIONS. IF YOU ARE NOT ONE OF THE FREE RIDERS HERE THEN YOU WON'T BE BOTHERED BY DISCUSSION HERE. PLEASE EXCUSE ME FOR BEING RUDE ... YOU KNOW YOU REAP WHAT YOU SOW :(
Sai,
I DO THAT PART. PLEASE DO NOT MAKE ANY ASSUMPTIONS. IF YOU ARE NOT ONE OF THE FREE RIDERS HERE THEN YOU WON'T BE BOTHERED BY DISCUSSION HERE. PLEASE EXCUSE ME FOR BEING RUDE ... YOU KNOW YOU REAP WHAT YOU SOW :(
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retrohatao
02-18 11:58 PM
WaldenPond,
It is an interesting post.
I am quite sure you by this time know that "the security clearnce" has become the most secretive processes in the GC process. You were right when you have mentioned people would like to get to the next process. Yes, I was of the opinion that the labour clearance was the only hurdle in the GC process. When my I-485 was current and my case was not cleared than I realized how serious the "security clearance process" was. Interestingly many people have been stuck in the process. (Please take a look at the link I have posted.) None of the people could successfully find a way out. Comparing the "Name check process" as a "case to case" process is bit a "over-statement". In the cases you have mentioned, atleast you have an option to contact USCIS. USCIS has an obligation to respond with in a specified time period. But in case of "Name Check process" as you might have already found , one may not expect a response from FBI. Its plain and simple. If my name is stuck in the "security clearane", I would like to know what for ( just like the RFE sent by USCIS). I may provide some information that could clarify their doubts or atleas can provide them to check certain facts to check the veracity
As related to working on the issue, yes I can definitely work on the issue to the best of my ability.There are some constraints due to the Job I am in, however I am willing to do whatever possibly can be done.
It is an interesting post.
I am quite sure you by this time know that "the security clearnce" has become the most secretive processes in the GC process. You were right when you have mentioned people would like to get to the next process. Yes, I was of the opinion that the labour clearance was the only hurdle in the GC process. When my I-485 was current and my case was not cleared than I realized how serious the "security clearance process" was. Interestingly many people have been stuck in the process. (Please take a look at the link I have posted.) None of the people could successfully find a way out. Comparing the "Name check process" as a "case to case" process is bit a "over-statement". In the cases you have mentioned, atleast you have an option to contact USCIS. USCIS has an obligation to respond with in a specified time period. But in case of "Name Check process" as you might have already found , one may not expect a response from FBI. Its plain and simple. If my name is stuck in the "security clearane", I would like to know what for ( just like the RFE sent by USCIS). I may provide some information that could clarify their doubts or atleas can provide them to check certain facts to check the veracity
As related to working on the issue, yes I can definitely work on the issue to the best of my ability.There are some constraints due to the Job I am in, however I am willing to do whatever possibly can be done.
more...
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ajthakur
07-14 05:47 PM
Should I send a AC21 letter to USCIS along with my new employment letter?
Who is the best attorney for such cases?
Is it possible that my prevous employer hasn't revoked 140? How can I know that? I have received RFE after one year after filing the case. Is there any way I can know the date when my previous employer did revoke the 140 ( in case he did)?
ajthakur,
Your best bet if USCIS let you do the AC-21 switching and use the employment letter from the new EMployer who is sponsoring your H1B visa, if u dont respond to this RFE they may very well deny your I-485, remember the I-485 is dependent for at least 180 days on the underlying I-140 petition filed by the GC sponsoring employer, after 180 days you are free to take new job position in the similar field with same salary mentioned in your approved LC or salary greater than the one on aprroved LC.
Hope this helps...I am not an attorney, but thought my few cents might help you.
Who is the best attorney for such cases?
Is it possible that my prevous employer hasn't revoked 140? How can I know that? I have received RFE after one year after filing the case. Is there any way I can know the date when my previous employer did revoke the 140 ( in case he did)?
ajthakur,
Your best bet if USCIS let you do the AC-21 switching and use the employment letter from the new EMployer who is sponsoring your H1B visa, if u dont respond to this RFE they may very well deny your I-485, remember the I-485 is dependent for at least 180 days on the underlying I-140 petition filed by the GC sponsoring employer, after 180 days you are free to take new job position in the similar field with same salary mentioned in your approved LC or salary greater than the one on aprroved LC.
Hope this helps...I am not an attorney, but thought my few cents might help you.
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arsh007
02-01 11:38 AM
Looks like there is now an increasing awareness of how Desi Consulting companies are bringing in a bad name to the entire desi population in this country.
Found this email from Google H-1B Group: from
infoprovider_ 2 at yahoo dot com.
Hi,
I would like to inform you about the large scale fraud going in the
technology world today in USA. I know of many small-mid sized IT
consultancies in US, which are founded by Indians. They recruit people
(1) with degrees from various fields, most of the candidates recruited
don't ever have any experience in computers. They train them in some
tools (2) and change the resume totally (3), someone who has knowledge
relevant to the job takes the interview instead of the actual candidate
and they get placed. Ironically, even though these jobs advertisements
say that around 5 years of experience is required, usually someone with
not so high aptitude and limited trainig in that parituclar tool (2)
can manage to sustain in that position, this is very real, these jobs
can be done that way. They manage to get jobs in the biggest of US
companies (4).
This consultancy fraud is know to almost every Indian working in the
technology sector. The consultancies almost don't take any one other
than from India and surronding countires like Bangladesh, Srilanka. 99%
of those i have seen are from India and the remaining 1% from
Bangladesh, Srilanka etc.
How many are doing this?
I believe there would be atleast a few thousands of consultancies.
Wanna find them? SOme of them advertise in Indian content sites such as
sulekha.com. Look at the right hand side of the page
classifieds. sulekha.com
Who is loosing due to this.
If this jobs can be done by someone with no experience in that
technology, can't these be done by those americans who have a better
experience (say 2 years or even 1 year), these folks work sincerely and
go with correct resumes get X dollars where as the fraudsters get 3X -
5X dollars.
I don't say that every one from India are doing this. But a significant
many are doing this. I know around 30 people working in US in
technology sector. Over 20 are working this way. I can confidently say
hundreds of thousands are doing this today and each year at least 50000
(from student pool, dependents pool, directly coming to the
consultancies as H1b workers from India) are joining them. Also, I am
talking about the small to mid sized (1- 1000 people) consultancies not
the big Indian consultancies such as Infosys and TCS.
Solution:
A lot of things can be done. But the simple thing that's easy to
implement by the americans and thus not impede their productivity by
spending too much resources in verifying the authenticity is this
Let the INS provide the details of the H1b holders to the companies
when asked by the companies only (this is similar to letting others
e.g., housing provider, know about one's credit history). So, with the
applicants SSN the companies can see the basic information like when
the applicant has got his H1b approved and the resume submitted by the
applicant with his H1b application (usually not many applicants give a
very wrong resume to the INS while applying for the H1b). This
eliminates almost all the cases of fraudsters (since they can't come to
US today, one or two years ago and say that I have been working here
for 5 years). This is one simple solution, easy to implement.
There are many othere solutions
(1) Whom do they usually recruit
Thousands of students come from India every year to pursue Masters
degree. They come to pursue Master's in various fields, the fields in
which they have done their bachelor's back in India. Only about a
quarter of them manage to get jobs in the fields in which they have
done their Master's as direct employees of the companies. The remaining
join these consultancies as they can easily get jobs through the
consultancies.
Dependents, mostly those who come as spouses (coming as wives). They
might have done some bachelors degree or Masters back in India in some
field. Many of them not in computers. They don't have any experience
there. They can easily be placed by the consultancies.
SOme others pay these consultancies for sponsoring H1b visa. Typically
the consultancies take the fee required for teh application and the
lawyer fee (usually USD 2500-USD3000) . SOme of these cases are those
with experience in IT in India. But significant number of the remaining
are not experienced. Recently I have seen people who have been to other
countries for their studies like Australia and Europe coming through
the consultancies this way. Even most of these guys have no experience
in IT, most experience in no field.
(2) Which technologies they work in
I have seen that the technologies they work in are in which the pay
rates are high (because of lack of skillful people) like SAP,
DataWarehousing tools. They also work in other fields like Testing etc.
There are literally hundreds of thousands of jobs in these fields.
(3) How much is the resume changed
They change the resume totally. Every resume says the person has worked
in US for over 4 years, doesn't matter if it is someone who came for
masters to US an year or two years ago or someone who very recently
came as a wife to someone.
All most everyone's resumes have over 5 years experience where as in
reality almost everyone don't have that much experience. If someone has
that much experience they wouldn't go through these consultants who
take a big fraction of the pay they get from the clients.
Can't it be detected?
No, in most cases its hard (expensive) for the recruiters (the clients)
to find the authenticity of the resumes submitted. There is no proof
that these resumes are authentic. Just in case some references are
needed the consultancies give a dummy reference, and some phone number
(they can ask some contacts, their acquiantainces working in some
companies to take the call,if at all they feel that the client will
find out from the phone number which company does this phone number
belongs to, but most of the client companies don't go that far too, so
a guy's mobile number who is working in the consultancy itself can be
given as referencees contact number). It is hard to remember the voice
by the interviewer after a few days of the intrview and usually these
candidates join at least after a week after taking the interview (even
if the candidate joins in 3 days, its hard to remember the voice as the
interviewer usually interacts with many people (particularly they being
in team lead or managerial positions)
(4) I personally know people working in Microsoft, IBM, TEK systems,
Cingular, Amazon, Accenture, Citigroup etc. This says such people are
working in almost every technology company in USA
So then, how is an American, like me, who spent tens of thousands of
dollars to get thru 3 yrs. in a technical school that ended with a
Bachelor degree in Science with Computer Information Systems, with
honors, supposed to get a job in the IT community while these
fraudulent (most likely illegal alien Indians) take the positions away
from me? I worked my a$$ off studying hard, working hard, worked at
the school, even took an extra course study in computer hardware
configurations, and STILL, these IT companies DON'T want to even speak
to me because they OUTSOURCE from these FRAUDS! How FAIR is
that???!!!
Found this email from Google H-1B Group: from
infoprovider_ 2 at yahoo dot com.
Hi,
I would like to inform you about the large scale fraud going in the
technology world today in USA. I know of many small-mid sized IT
consultancies in US, which are founded by Indians. They recruit people
(1) with degrees from various fields, most of the candidates recruited
don't ever have any experience in computers. They train them in some
tools (2) and change the resume totally (3), someone who has knowledge
relevant to the job takes the interview instead of the actual candidate
and they get placed. Ironically, even though these jobs advertisements
say that around 5 years of experience is required, usually someone with
not so high aptitude and limited trainig in that parituclar tool (2)
can manage to sustain in that position, this is very real, these jobs
can be done that way. They manage to get jobs in the biggest of US
companies (4).
This consultancy fraud is know to almost every Indian working in the
technology sector. The consultancies almost don't take any one other
than from India and surronding countires like Bangladesh, Srilanka. 99%
of those i have seen are from India and the remaining 1% from
Bangladesh, Srilanka etc.
How many are doing this?
I believe there would be atleast a few thousands of consultancies.
Wanna find them? SOme of them advertise in Indian content sites such as
sulekha.com. Look at the right hand side of the page
classifieds. sulekha.com
Who is loosing due to this.
If this jobs can be done by someone with no experience in that
technology, can't these be done by those americans who have a better
experience (say 2 years or even 1 year), these folks work sincerely and
go with correct resumes get X dollars where as the fraudsters get 3X -
5X dollars.
I don't say that every one from India are doing this. But a significant
many are doing this. I know around 30 people working in US in
technology sector. Over 20 are working this way. I can confidently say
hundreds of thousands are doing this today and each year at least 50000
(from student pool, dependents pool, directly coming to the
consultancies as H1b workers from India) are joining them. Also, I am
talking about the small to mid sized (1- 1000 people) consultancies not
the big Indian consultancies such as Infosys and TCS.
Solution:
A lot of things can be done. But the simple thing that's easy to
implement by the americans and thus not impede their productivity by
spending too much resources in verifying the authenticity is this
Let the INS provide the details of the H1b holders to the companies
when asked by the companies only (this is similar to letting others
e.g., housing provider, know about one's credit history). So, with the
applicants SSN the companies can see the basic information like when
the applicant has got his H1b approved and the resume submitted by the
applicant with his H1b application (usually not many applicants give a
very wrong resume to the INS while applying for the H1b). This
eliminates almost all the cases of fraudsters (since they can't come to
US today, one or two years ago and say that I have been working here
for 5 years). This is one simple solution, easy to implement.
There are many othere solutions
(1) Whom do they usually recruit
Thousands of students come from India every year to pursue Masters
degree. They come to pursue Master's in various fields, the fields in
which they have done their bachelor's back in India. Only about a
quarter of them manage to get jobs in the fields in which they have
done their Master's as direct employees of the companies. The remaining
join these consultancies as they can easily get jobs through the
consultancies.
Dependents, mostly those who come as spouses (coming as wives). They
might have done some bachelors degree or Masters back in India in some
field. Many of them not in computers. They don't have any experience
there. They can easily be placed by the consultancies.
SOme others pay these consultancies for sponsoring H1b visa. Typically
the consultancies take the fee required for teh application and the
lawyer fee (usually USD 2500-USD3000) . SOme of these cases are those
with experience in IT in India. But significant number of the remaining
are not experienced. Recently I have seen people who have been to other
countries for their studies like Australia and Europe coming through
the consultancies this way. Even most of these guys have no experience
in IT, most experience in no field.
(2) Which technologies they work in
I have seen that the technologies they work in are in which the pay
rates are high (because of lack of skillful people) like SAP,
DataWarehousing tools. They also work in other fields like Testing etc.
There are literally hundreds of thousands of jobs in these fields.
(3) How much is the resume changed
They change the resume totally. Every resume says the person has worked
in US for over 4 years, doesn't matter if it is someone who came for
masters to US an year or two years ago or someone who very recently
came as a wife to someone.
All most everyone's resumes have over 5 years experience where as in
reality almost everyone don't have that much experience. If someone has
that much experience they wouldn't go through these consultants who
take a big fraction of the pay they get from the clients.
Can't it be detected?
No, in most cases its hard (expensive) for the recruiters (the clients)
to find the authenticity of the resumes submitted. There is no proof
that these resumes are authentic. Just in case some references are
needed the consultancies give a dummy reference, and some phone number
(they can ask some contacts, their acquiantainces working in some
companies to take the call,if at all they feel that the client will
find out from the phone number which company does this phone number
belongs to, but most of the client companies don't go that far too, so
a guy's mobile number who is working in the consultancy itself can be
given as referencees contact number). It is hard to remember the voice
by the interviewer after a few days of the intrview and usually these
candidates join at least after a week after taking the interview (even
if the candidate joins in 3 days, its hard to remember the voice as the
interviewer usually interacts with many people (particularly they being
in team lead or managerial positions)
(4) I personally know people working in Microsoft, IBM, TEK systems,
Cingular, Amazon, Accenture, Citigroup etc. This says such people are
working in almost every technology company in USA
So then, how is an American, like me, who spent tens of thousands of
dollars to get thru 3 yrs. in a technical school that ended with a
Bachelor degree in Science with Computer Information Systems, with
honors, supposed to get a job in the IT community while these
fraudulent (most likely illegal alien Indians) take the positions away
from me? I worked my a$$ off studying hard, working hard, worked at
the school, even took an extra course study in computer hardware
configurations, and STILL, these IT companies DON'T want to even speak
to me because they OUTSOURCE from these FRAUDS! How FAIR is
that???!!!
more...
pictures Posted in Aston Martin
senthil1
02-13 01:26 PM
Ethnic cleansing is eliminating particular group of people while in civil war. Whatever happened in past in Rwanda could be called Ethnic Cleansing. Here Indians including me came for luxury life and better career though most of them available in India because here there is no availablity of skills. If US can get all the skills they need then there is no need for immigrants then if they reduce immigration that is not ethnic cleansing.
Total BS!
How can you even suggest that the immigration related raids to be the same as
.
Admins, please close this thread!
Total BS!
How can you even suggest that the immigration related raids to be the same as
.
Admins, please close this thread!
dresses This is a Aston martin DBS
txh1b
04-08 12:05 PM
Yeah. Right!
Before you give red dots for not having a profile, I don't have any petition pending and am on H1b.
It happened to my brother's friend's mother's uncles' newphews daughter's boss's cousin's babysitter's husband's colleage's niece's neighbor's sister's mailman's father's janitor's pharmacist's ex-girlfriend.
Now that is the entire chain this rumor has travelled so far before you heard it. This is pure BS. People seem to get a kick out of spreading out rumors.
If the person is on bench or was involved in something shady, the IOs can put them in removal proceedings and that is well within their right. Stop spreading unwanted and unconfirmed rumors.
BTW, there was a new rumor circulating for April 1: For all those that get a kick out of it, here you go!
Subject: FW: 5% NRI TAX
5% TAX ON FOREIGN INCOME FOR NRI STARTING 2009 -10
Government of India today announced imposition of a flat 5% tax on all NRIs over their world-wide income. Income that is already taxed in India has been kept out of the purview to avoid double taxation. No double taxation benefits would be available for this 5% tax, meaning even if you are paying tax on your income in a country with which India has double taxation agreement, the benefit would not be allowed against this 5% tax. All those Indians who are holding Indian Passports and have been out of the country for more than 180 days during the year are under this requirement. Income proof would have to be submitted in form of employer certificates, foreign tax filings etc. Indian government is also coordinating with Australia, Europe, America, UAE and other countries on collecting Income data for its citizens as part of data sharing initiative on terror prevention measures.
This has been hailed as bringing in compulsory participation in development of India from Non resident Indians.. This means NRIs can no more just continue to retain their Indian citizenship without paying taxes in India. Though it may not be favorable in view of the NRIs who already bring substantial forex in form of remittances and Investments. This is bound to cause a lot of heart burn for the Indian community residing outside..
This is expected to generate ~10 Billion INR tax collection for the government in the year 2009-10.
For more information on this rule, tax filings and forms visit http://www.incometaxindia.gov.in/
Before you give red dots for not having a profile, I don't have any petition pending and am on H1b.
It happened to my brother's friend's mother's uncles' newphews daughter's boss's cousin's babysitter's husband's colleage's niece's neighbor's sister's mailman's father's janitor's pharmacist's ex-girlfriend.
Now that is the entire chain this rumor has travelled so far before you heard it. This is pure BS. People seem to get a kick out of spreading out rumors.
If the person is on bench or was involved in something shady, the IOs can put them in removal proceedings and that is well within their right. Stop spreading unwanted and unconfirmed rumors.
BTW, there was a new rumor circulating for April 1: For all those that get a kick out of it, here you go!
Subject: FW: 5% NRI TAX
5% TAX ON FOREIGN INCOME FOR NRI STARTING 2009 -10
Government of India today announced imposition of a flat 5% tax on all NRIs over their world-wide income. Income that is already taxed in India has been kept out of the purview to avoid double taxation. No double taxation benefits would be available for this 5% tax, meaning even if you are paying tax on your income in a country with which India has double taxation agreement, the benefit would not be allowed against this 5% tax. All those Indians who are holding Indian Passports and have been out of the country for more than 180 days during the year are under this requirement. Income proof would have to be submitted in form of employer certificates, foreign tax filings etc. Indian government is also coordinating with Australia, Europe, America, UAE and other countries on collecting Income data for its citizens as part of data sharing initiative on terror prevention measures.
This has been hailed as bringing in compulsory participation in development of India from Non resident Indians.. This means NRIs can no more just continue to retain their Indian citizenship without paying taxes in India. Though it may not be favorable in view of the NRIs who already bring substantial forex in form of remittances and Investments. This is bound to cause a lot of heart burn for the Indian community residing outside..
This is expected to generate ~10 Billion INR tax collection for the government in the year 2009-10.
For more information on this rule, tax filings and forms visit http://www.incometaxindia.gov.in/
more...
makeup wallpaper 2010 Aston Martin
mpelland
02-14 08:15 AM
sounds good to me. There are lots of things that you can do with a subway. Does it have to be realistic? If not then you can make it look like what you think a subway station should look like (futuristic, older, or just different). A lot of different skills are needed, lighting, texturing, space perception, etc. This should be fun!
girlfriend Aston Martin DBS V12
desi3933
02-01 08:07 AM
Thanks a lot Desi3933. I don't have words to thank you...
.....
I am glad to be of help. If my post was helpful, I urge you to consider making a donation to IV.
Thanks.
____________________
Not a legal advice.
US Citizen of Indian Origin
.....
I am glad to be of help. If my post was helpful, I urge you to consider making a donation to IV.
Thanks.
____________________
Not a legal advice.
US Citizen of Indian Origin
hairstyles 2010 Aston Martin DBS
ttguy
08-15 04:08 PM
I think we will GC sooner than anticipated. I think those who filed in July/Aug will get in three/four years. Just a rough estimate. Any one agrees with me?
alterego
09-20 11:03 AM
To summarize this briefly.
The rescue plan = Transfer the "crap" from the balance sheet of the banks to the balance sheet of the US gov't and taxpayers. The government is buying rotting potatos for cold hard cash.
Benefits are nearer term, Consequences are longer term.
Consequensces will be:
1) Bigger deficits, budget especially
2) Less Gov't investments in infrastructure, healthcare, education etc. As the money is needed to feed the interest repayments and other obligations.
3) Higher interest rates for everything from mortgages, credit cards auto loans student loans...... you name it.
4) Higher taxes, federal and state and city.
5) Lower US dollar and higher inflation.
Unfortunately for us the recklessness of the management of the economy of this decade will be felt as a drag on progress, our earnings, taxes, benefits, even stock returns for a good part of our working lifetimes. This was a sad and unnecessary development brought about by pure greed and an ineffective government.
The rescue plan = Transfer the "crap" from the balance sheet of the banks to the balance sheet of the US gov't and taxpayers. The government is buying rotting potatos for cold hard cash.
Benefits are nearer term, Consequences are longer term.
Consequensces will be:
1) Bigger deficits, budget especially
2) Less Gov't investments in infrastructure, healthcare, education etc. As the money is needed to feed the interest repayments and other obligations.
3) Higher interest rates for everything from mortgages, credit cards auto loans student loans...... you name it.
4) Higher taxes, federal and state and city.
5) Lower US dollar and higher inflation.
Unfortunately for us the recklessness of the management of the economy of this decade will be felt as a drag on progress, our earnings, taxes, benefits, even stock returns for a good part of our working lifetimes. This was a sad and unnecessary development brought about by pure greed and an ineffective government.
at0474
12-21 07:56 PM
lazycis,
According to 245(k), does it mean that "unauthorized stay" (or stay with expired I-94) of more than 1 year is wiped out if a nonimmigrant went out of the country, entered back with a new I-94 and maintained legal status ever since? He/she should not have any problems in adjusting status with 485?
I like your insight into immigration policies and the way you express them.
Thanks.
According to 245(k), does it mean that "unauthorized stay" (or stay with expired I-94) of more than 1 year is wiped out if a nonimmigrant went out of the country, entered back with a new I-94 and maintained legal status ever since? He/she should not have any problems in adjusting status with 485?
I like your insight into immigration policies and the way you express them.
Thanks.
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