rockstart
06-16 01:36 PM
Guys we have called all theree sets of lawmakers. Some senior member was saying we need to lobby hard with Republican's. Please let us know how we can do that. It is better to do it in an organized manner, so if some one can filter the three list on republicans we need to call again or if they can post a list of new republicans that we need to call. Please guide us.
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bigboy007
04-27 12:14 AM
Not sure about the increase in fees here is what i have seen comparing it to INA and subsections...
1. Higher wage requirements defs being added to definitions seciton in INA [Immigration and Nationality Act], Requirement of Internet posting, wage determination.
2. 90 Days being replaced as 180 days for non displacement option
3. No consulting for H1B employees based on the Recruitment (F) section.
4. SEC 102. I states if no. of employees > 50 , sum of [H1B, L(1,2)(L1A, L1 , L2 Perdef 101(a)(15)(L)))] should not exceed 50% of No. of employees. No more H1B's
5. Sec 111. mispresentation period increased to 24 months from 12 months, USCIS will conduct audits for all employers if no. of employees > 100 and no. of H1 employees > 15% , Publish publicly those reports
6. Failure to meet a condition increase from 1000 to 2000 , failure for misrepresentation increased from 5000 to 10000. Employer will be liable for employees lost wages and benefits.
7. illegal : H1B non immigrant to pay a penalty for ceasing an employment with employer before the agreed date, failure to provide common benefits health , life , disability , insurance , retirement , savings, cash/noncash bonus etc...
8. with in 90 days of enacting S887 , secretary of labor will provide website to post these positions on labor department website.
9. stream line of job classifications and roles with 1 year of enacting of S887...
10. DOL can hire 200+ employees to fill these requirements ;)
+ l1's I have not gone through....
Newer version is - as should've been expected - more protectionist than before.
1) It prohibits H1B workers from working in contract positions.There is a redundant provision for the L1 visa as well (there is already a law which does this for L1). However it doesn't prevent American companies from keeping these contract workers in India or elsewhere and co-ordinate the work through web-conferencing, video conferencing, VPN/VNC etc.
2) It increases H1B fees by another 1000 dollars. There will be the added cost of advertising on DOL website. Also, the legal costs of navigating the audits. It also enables Tort attorneys to sue the companies on behalf of labor unions such as IEEE-USA, PG, Bright Future Jobs, Zazona etc. In essence it makes the whole visa program unviable. American companies cannot participate in the visa program without letting the DOL and the Tort attorneys poking their noses in the daily functioning of Corporate America. Imagine which company will apply for H1B when you'll have ads airing on TV from Tort attorneys - 'Have you been displaced by H1B worker? Call 1-800-TORT-ATTORNEY'?
3) It has a whole gamut of so-called 'H1B/L1B worker protections'. Unless and until the complaining foreign worker's visa status/GC status is protected against employer retaliation, these provisions will remain only on paper, as foreigner workers facing the prospect of forced departure from the country will not complain - extra worker protections or not. They might as well scrap these provisions and save some trees in the process!
4) It retains the provision that H1B/L1 worker must be provided all originals for H1B, Green Card etc. However this will be moot, as there won't be many H1B/L1 workers left in the US to take the benefit. They would already have moved to their home countries, brining the salaries down in their home countries die to excess supply. This combined with technical enablers are going to make outsourcing HOT. I think it's a good time to invest in the stocks of these outsourcing companies. Their returns are going to increase exponentially in a year. I am not surprised, if these companies send a 'Thank You' note to Senators Durbin and Grassley for making such a windfall possible.
If this year only 44,000 visas were used after half a month, wait until this law passes. There will already 10,000 or less visa applications. On a short term basis wages will sky-rocket, when companies are already struggling to make the ends meet. This will definitely make the usage of technological innovations such as the ones mentioned in point 1 more appealing to the companies. In the long run Outsourcing will become cheaper and more attractive.
Faced with accute worker shortage and unreasonably high-salaries driven scarcity in an economy under recession, Companies will have only 3 options. 1) Announce bankruptcy and get out of business salvaging what they can 2) Leverage technology to do outsourcing circumventing the need for visas 3) Beg the government for another 'Stimulus' and more borrowed money from the Chinese to pay the salaries.
This will hit hard the humanitarian immigration for refugees, asylees etc. USCIS is a government department run on visa application fees. As H1B fee-base reduces US government will have to appropriate more funds to USCIS to keep these programs running. The cost of these programmes will increasingly be borne by the American tax-payer. As jobs keep getting outsourced at a much faster speed tax-base formed by these H1B/L1 workers will shift to other economies benefiting them, the government will have to increases the taxes to make up for the difference. No doubt this will increase the tax burden on an average American - even those who had nothing to do with H1B, pro- or against.
The day this law passes will be a great day for Outsourcing, and a sad day for America.
1. Higher wage requirements defs being added to definitions seciton in INA [Immigration and Nationality Act], Requirement of Internet posting, wage determination.
2. 90 Days being replaced as 180 days for non displacement option
3. No consulting for H1B employees based on the Recruitment (F) section.
4. SEC 102. I states if no. of employees > 50 , sum of [H1B, L(1,2)(L1A, L1 , L2 Perdef 101(a)(15)(L)))] should not exceed 50% of No. of employees. No more H1B's
5. Sec 111. mispresentation period increased to 24 months from 12 months, USCIS will conduct audits for all employers if no. of employees > 100 and no. of H1 employees > 15% , Publish publicly those reports
6. Failure to meet a condition increase from 1000 to 2000 , failure for misrepresentation increased from 5000 to 10000. Employer will be liable for employees lost wages and benefits.
7. illegal : H1B non immigrant to pay a penalty for ceasing an employment with employer before the agreed date, failure to provide common benefits health , life , disability , insurance , retirement , savings, cash/noncash bonus etc...
8. with in 90 days of enacting S887 , secretary of labor will provide website to post these positions on labor department website.
9. stream line of job classifications and roles with 1 year of enacting of S887...
10. DOL can hire 200+ employees to fill these requirements ;)
+ l1's I have not gone through....
Newer version is - as should've been expected - more protectionist than before.
1) It prohibits H1B workers from working in contract positions.There is a redundant provision for the L1 visa as well (there is already a law which does this for L1). However it doesn't prevent American companies from keeping these contract workers in India or elsewhere and co-ordinate the work through web-conferencing, video conferencing, VPN/VNC etc.
2) It increases H1B fees by another 1000 dollars. There will be the added cost of advertising on DOL website. Also, the legal costs of navigating the audits. It also enables Tort attorneys to sue the companies on behalf of labor unions such as IEEE-USA, PG, Bright Future Jobs, Zazona etc. In essence it makes the whole visa program unviable. American companies cannot participate in the visa program without letting the DOL and the Tort attorneys poking their noses in the daily functioning of Corporate America. Imagine which company will apply for H1B when you'll have ads airing on TV from Tort attorneys - 'Have you been displaced by H1B worker? Call 1-800-TORT-ATTORNEY'?
3) It has a whole gamut of so-called 'H1B/L1B worker protections'. Unless and until the complaining foreign worker's visa status/GC status is protected against employer retaliation, these provisions will remain only on paper, as foreigner workers facing the prospect of forced departure from the country will not complain - extra worker protections or not. They might as well scrap these provisions and save some trees in the process!
4) It retains the provision that H1B/L1 worker must be provided all originals for H1B, Green Card etc. However this will be moot, as there won't be many H1B/L1 workers left in the US to take the benefit. They would already have moved to their home countries, brining the salaries down in their home countries die to excess supply. This combined with technical enablers are going to make outsourcing HOT. I think it's a good time to invest in the stocks of these outsourcing companies. Their returns are going to increase exponentially in a year. I am not surprised, if these companies send a 'Thank You' note to Senators Durbin and Grassley for making such a windfall possible.
If this year only 44,000 visas were used after half a month, wait until this law passes. There will already 10,000 or less visa applications. On a short term basis wages will sky-rocket, when companies are already struggling to make the ends meet. This will definitely make the usage of technological innovations such as the ones mentioned in point 1 more appealing to the companies. In the long run Outsourcing will become cheaper and more attractive.
Faced with accute worker shortage and unreasonably high-salaries driven scarcity in an economy under recession, Companies will have only 3 options. 1) Announce bankruptcy and get out of business salvaging what they can 2) Leverage technology to do outsourcing circumventing the need for visas 3) Beg the government for another 'Stimulus' and more borrowed money from the Chinese to pay the salaries.
This will hit hard the humanitarian immigration for refugees, asylees etc. USCIS is a government department run on visa application fees. As H1B fee-base reduces US government will have to appropriate more funds to USCIS to keep these programs running. The cost of these programmes will increasingly be borne by the American tax-payer. As jobs keep getting outsourced at a much faster speed tax-base formed by these H1B/L1 workers will shift to other economies benefiting them, the government will have to increases the taxes to make up for the difference. No doubt this will increase the tax burden on an average American - even those who had nothing to do with H1B, pro- or against.
The day this law passes will be a great day for Outsourcing, and a sad day for America.
snddlth
10-28 09:48 PM
@ caliguy
Could you please send me the letter that you sent to Sec. Napolitano? Also, what is the email address of ombudsman?
Could you please send me the letter that you sent to Sec. Napolitano? Also, what is the email address of ombudsman?
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manishs7
07-18 05:48 PM
IV now has clout which should be immediately used for a permanent fix. Two issues which might not require laws being passed can be implemented to ease the backlog situation that will be created.
1. Recapture lost Visa numbers- A just and reasonable demand that they cannot refuse.
2. Remove per country cap- It is stupid to look for diversity in a category based on intellect. The whole category is created for improving America's brain power so a country cap does not make sense.
Which is better to say" We want 10 people with OK intellect from 10 different countries of the world" or " We want 10 absolutely brilliant people-period"
Supporting argument:
There is no country cap on H1/L1 work visa then why there is country cap for permanent residents.
1. Recapture lost Visa numbers- A just and reasonable demand that they cannot refuse.
2. Remove per country cap- It is stupid to look for diversity in a category based on intellect. The whole category is created for improving America's brain power so a country cap does not make sense.
Which is better to say" We want 10 people with OK intellect from 10 different countries of the world" or " We want 10 absolutely brilliant people-period"
Supporting argument:
There is no country cap on H1/L1 work visa then why there is country cap for permanent residents.
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tinamatthew
07-18 03:27 PM
I don't know why but we tend to be satisfied with lsmall benefits...
I agree with you "something (EAD and AP) is better than nothing"
But i bet you ..you will find your self in the same situation of agony and endless waiting for the final Green card.
I bet most of the people don't use your ead and AP as it puts you in a gray "Adjustment of status". They are good to have though. But you will see...how painful it is to decide to use them or not..
What i want to say is that being able to apply for EAD and AP is not the end of the battle..you will be stuck in a depressing situation waiting for the final green card.How do i know? .. I went through it...waiting for GC for the past 4 years.
I dont know its FBI or its just the USCIS incompetence but waiting in the final stage is horrible. Every time you travel you are scared...AP as for as my lawyer goes IT does not guarantee 100% entry in to the country.
After you apply for AP its only 1 year H1 increments.
What i am saying why dont we try for the overall improvement of the GC processing. Why dont we be firm about not wasting the GC numbers and recapturing the unused numbers.
We had a small revolt (peaceful way) and its successful.We dont want to stop there.
LETS FIGHT FOR THE OVERALL IMPROVEMENT OF THE GC PROCESSING
I hope you guys are with me..looking for your comments
Have you ever had to stay at home AGAINST your wishes?
Have you ever wondered if all your technical skills would still be usable when you finally get that EAD?
Have you ever wondered if the employer would still want you after you been out of circulation for so many years?
Well.... if you have ever asked your selves these questions, then you may well as say I am ready to wait for that GC
I agree, let us fight for the overall improvement of the GC processing, BUT I say after Aug 17th
I agree with you "something (EAD and AP) is better than nothing"
But i bet you ..you will find your self in the same situation of agony and endless waiting for the final Green card.
I bet most of the people don't use your ead and AP as it puts you in a gray "Adjustment of status". They are good to have though. But you will see...how painful it is to decide to use them or not..
What i want to say is that being able to apply for EAD and AP is not the end of the battle..you will be stuck in a depressing situation waiting for the final green card.How do i know? .. I went through it...waiting for GC for the past 4 years.
I dont know its FBI or its just the USCIS incompetence but waiting in the final stage is horrible. Every time you travel you are scared...AP as for as my lawyer goes IT does not guarantee 100% entry in to the country.
After you apply for AP its only 1 year H1 increments.
What i am saying why dont we try for the overall improvement of the GC processing. Why dont we be firm about not wasting the GC numbers and recapturing the unused numbers.
We had a small revolt (peaceful way) and its successful.We dont want to stop there.
LETS FIGHT FOR THE OVERALL IMPROVEMENT OF THE GC PROCESSING
I hope you guys are with me..looking for your comments
Have you ever had to stay at home AGAINST your wishes?
Have you ever wondered if all your technical skills would still be usable when you finally get that EAD?
Have you ever wondered if the employer would still want you after you been out of circulation for so many years?
Well.... if you have ever asked your selves these questions, then you may well as say I am ready to wait for that GC
I agree, let us fight for the overall improvement of the GC processing, BUT I say after Aug 17th
Hassan11
03-14 09:01 AM
You need to relax and change your tone. This tone is very inappropriate in this forum. We are here to ask questions. You have no right to talk to people like this. Just because we are trying to understand a very obvious change in policy from USCIS, it doesn�t mean that we are against you or anybody in the same position as you. I am happy that EB2 India has established a cutoff date, but I can still ASK questions on this forum. Stop patronizing people and CHANGE your tone.
since you seem to be completely unaware, let me rub some salt in....here, go read Act 202(a)(5) and educate yourself.....yeehaw !!!
http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=cb90c19a50729fb47fb0686648558 dbe
since you seem to be completely unaware, let me rub some salt in....here, go read Act 202(a)(5) and educate yourself.....yeehaw !!!
http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=cb90c19a50729fb47fb0686648558 dbe
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texcan
09-11 10:57 AM
Your attoney should be able to defend your case based on you salary more than PW.
The GC process is for future employement, your bosses ability to pay exists since he has paid you more salary than PW.
Your employer may be making loss every year, but he is paying you more than PW. Now your salary in itself is an expense for employer, so the fact that he is paying you may be making his financials look a little weak in term of profit loss.
Look at other threads on RFE issues, and talk to your lawyer.
I think you are fine.
The GC process is for future employement, your bosses ability to pay exists since he has paid you more salary than PW.
Your employer may be making loss every year, but he is paying you more than PW. Now your salary in itself is an expense for employer, so the fact that he is paying you may be making his financials look a little weak in term of profit loss.
Look at other threads on RFE issues, and talk to your lawyer.
I think you are fine.
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Desertfox
03-12 08:39 PM
Just curious why you cannot join a state chapter?
I don't think we are not hearing news from IV. The Admin fixes campaign has been the most important effort these days. So now we all need to give IV an update if we sent our letters. I would not care about core members who were old and new. I really dont care about them because I think IV is all of us and not core folks. I just care about if IV is doing good work and helping everyone.
Why would you be curious to know about someone else's personal problems/issues? Your post sounds more like my daughter hypothetically saying that she doesn't care about whether her grandparents/parents are alive or dead, as long as she is there and she has a family to feed and take care of her...
Thanks chanduv23 for update on pappu & logiclife!
I don't think we are not hearing news from IV. The Admin fixes campaign has been the most important effort these days. So now we all need to give IV an update if we sent our letters. I would not care about core members who were old and new. I really dont care about them because I think IV is all of us and not core folks. I just care about if IV is doing good work and helping everyone.
Why would you be curious to know about someone else's personal problems/issues? Your post sounds more like my daughter hypothetically saying that she doesn't care about whether her grandparents/parents are alive or dead, as long as she is there and she has a family to feed and take care of her...
Thanks chanduv23 for update on pappu & logiclife!
more...
h1aspirant
02-03 03:09 AM
Prashant,
When they had asked you to resubmit the docs, had they given you 221g blue form?
My case is weird, At the time of interview he approved my visa, gave me a card to fight for labour law enforcement in USA If I ever sit on bench in USA,
and then collected my passport.
When I received the courier , I was sure I have theb visa stamped already.
But I found 221g blue enclosed, along with passport, asking me to resubmit I797 etc
When I was asked to resubmit documents after the interview (via drop box), the consulate said they will need 6-8 working days from the date of receipt of the latter. They indeed took only 7 working days.
Also, I believe they must already have done PIMS verification in my case since they asked for additional info 16 days after the interview. So in total it took them 29 days ( incl weekends)
In your case, it doesnt seem they got enough time to do PIMS. It is hard to
estimate the delays.
Good luck though buddy....you will be fine.
When they had asked you to resubmit the docs, had they given you 221g blue form?
My case is weird, At the time of interview he approved my visa, gave me a card to fight for labour law enforcement in USA If I ever sit on bench in USA,
and then collected my passport.
When I received the courier , I was sure I have theb visa stamped already.
But I found 221g blue enclosed, along with passport, asking me to resubmit I797 etc
When I was asked to resubmit documents after the interview (via drop box), the consulate said they will need 6-8 working days from the date of receipt of the latter. They indeed took only 7 working days.
Also, I believe they must already have done PIMS verification in my case since they asked for additional info 16 days after the interview. So in total it took them 29 days ( incl weekends)
In your case, it doesnt seem they got enough time to do PIMS. It is hard to
estimate the delays.
Good luck though buddy....you will be fine.
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rajmirk
07-20 11:08 AM
guys - i want to start a new forum on 401K ..
want to discuss what happens to people who have 401k contribution and want to go back to india
do we have to withdraw the 401K when we leave or can we withdraw it at a later date..
can some one start a new thread since i cannot figure out how.. thank you
401k is YOUR money (all that is vested). You can withdraw it whenever you want. Its not like SS benefits. Having said that, you dont have to withdraw it if you dont have the immediate need. Even if you go back, just let it be there, it will be kept invested, and will hopefully continue to grow.
And when you feel the need, just withdraw all/part of it. You will have to pay the taxes that were deferred, plus a penalty of 10%. But, with the company matching and the investment growth, in all probablity, even with the penalty+taxes, you will withdraw more than you have invested. So, dont worry about 401k.
-R
want to discuss what happens to people who have 401k contribution and want to go back to india
do we have to withdraw the 401K when we leave or can we withdraw it at a later date..
can some one start a new thread since i cannot figure out how.. thank you
401k is YOUR money (all that is vested). You can withdraw it whenever you want. Its not like SS benefits. Having said that, you dont have to withdraw it if you dont have the immediate need. Even if you go back, just let it be there, it will be kept invested, and will hopefully continue to grow.
And when you feel the need, just withdraw all/part of it. You will have to pay the taxes that were deferred, plus a penalty of 10%. But, with the company matching and the investment growth, in all probablity, even with the penalty+taxes, you will withdraw more than you have invested. So, dont worry about 401k.
-R
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akred
08-25 12:33 PM
Second the idea of using an ATM card for this purpose. You can get an ATM card for your parents or relatives in India from your local credit union or bank in the US.
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reddymjm
09-25 11:46 AM
Was that a U turn. I did not get that meaning B4.
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give_me_gc
04-07 11:50 AM
In your contributions page, you are asking for only $200 from each person. Please raise it to more. I don't think $200 per person will do justice for the kind of work that is ahead of us. If Comprehensive Immigration Reform fails, we will need even more lobbyist time to introduce it in other bills and then get it through the House.
I just sent $500 by bill pay and that is only a fraction of the benefit if I were to get my GC sooner.
I just sent $500 by bill pay and that is only a fraction of the benefit if I were to get my GC sooner.
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desi3933
01-22 08:12 AM
......
A challenge by H1B employers may be required ....
That is correct. Since H1-B petition is filed by employer, it can only be legally challenged by the employer only. Employee is beneficiary and therefore has very limited legal rights to challenge even if petition is denied.
Now, consider this hypothetical example, on practical note, if an employer files a legal suit, the employer must be able to defend his H1-B obligations for all its employees. That includes paying H1-B wages on "bench", H1-B worker working on sites specified by LCA, reporting to USCIS when H1-B worker resigns or is fired. This could be problematic for many small-time job-shops (aka body-shoppers).
________________
Not a legal advice.
A challenge by H1B employers may be required ....
That is correct. Since H1-B petition is filed by employer, it can only be legally challenged by the employer only. Employee is beneficiary and therefore has very limited legal rights to challenge even if petition is denied.
Now, consider this hypothetical example, on practical note, if an employer files a legal suit, the employer must be able to defend his H1-B obligations for all its employees. That includes paying H1-B wages on "bench", H1-B worker working on sites specified by LCA, reporting to USCIS when H1-B worker resigns or is fired. This could be problematic for many small-time job-shops (aka body-shoppers).
________________
Not a legal advice.
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santb1975
06-05 10:38 AM
Keep this campaign going
Hello there,
I called of them, took me less than 15 minutes. i am sure everyone else can call too. The selfish brats who have EAD's and are acting ignorant, remember if something goes wrong you could be stuck on EAD's for another 5- 10 years. The point is, we all as a highly skilled immigrants have an obligation to help ourselves and the ones who are stuck in this limbo till we get our GC.
You can either choose a piece of pie or take the whole cake home for your family and friends. Life is all about choices and a man is as good as his word. So give out your good word and help the others. 15 minutes that's it.
Hello there,
I called of them, took me less than 15 minutes. i am sure everyone else can call too. The selfish brats who have EAD's and are acting ignorant, remember if something goes wrong you could be stuck on EAD's for another 5- 10 years. The point is, we all as a highly skilled immigrants have an obligation to help ourselves and the ones who are stuck in this limbo till we get our GC.
You can either choose a piece of pie or take the whole cake home for your family and friends. Life is all about choices and a man is as good as his word. So give out your good word and help the others. 15 minutes that's it.
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guyfromsg
12-11 09:33 PM
I went for the visa stamping in chennai consulate on Dec 5th. After a few questions, the officer granted me the visa and said i will receive the passport in a few days. But so far haven't yet received my passport. Does anyone know what is happening? is anyone faced such situation before? I heard about this admin processing and delays in stamping but i thot the officer would usually give out some kind of form to you during the interview if your case goes thru such processing.
The web-site says we can send an e-mail to the consulate regarding any questions for NIV if it's pending more than 5 days. Has anybody done that and what would be the response?
Please respond. i am running short of time as i have to travel back to US soon.
I went for stamping Nov 2006 and mine was also stuck for a week. I don't remember what the rules are now but I just called consulate and talked to some officer (Indian but not VFS). She simply said that they are waiting for security clearance from Washington DC and they won't know when it will clear. I was expecting the worst, may be few months delay but it came after a week. I kept calling during this time. But during that week I was very worried and as a result didn't enjoy the limited vacation :(.
The web-site says we can send an e-mail to the consulate regarding any questions for NIV if it's pending more than 5 days. Has anybody done that and what would be the response?
Please respond. i am running short of time as i have to travel back to US soon.
I went for stamping Nov 2006 and mine was also stuck for a week. I don't remember what the rules are now but I just called consulate and talked to some officer (Indian but not VFS). She simply said that they are waiting for security clearance from Washington DC and they won't know when it will clear. I was expecting the worst, may be few months delay but it came after a week. I kept calling during this time. But during that week I was very worried and as a result didn't enjoy the limited vacation :(.
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darslee
07-11 01:58 AM
Great idea. Since our recent flowers also ended up at the veteran's hospital, maybe we should wear yellow ribbons in support of troops?
I am not sure if you are being facetious but I think that is a great idea! :)
I am not sure if you are being facetious but I think that is a great idea! :)
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jonty_11
02-01 02:25 PM
Esp the Mom Pop Desi consultancy shops whose main objective is to prey on H1Bs...They should be banned.
I agree that its the lopoholes or worse - Loose enforncement that encourages these consultancy firms to keep exploiting the system.
I agree that its the lopoholes or worse - Loose enforncement that encourages these consultancy firms to keep exploiting the system.
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sanjay
07-18 11:09 AM
Date Delivered To USCIS: July 2
Time Delivered To USCIS: 8.25 AM
Service Center: TSC
Rejected: Dont Know
PD: Aug '04
Reply With Quote
Time Delivered To USCIS: 8.25 AM
Service Center: TSC
Rejected: Dont Know
PD: Aug '04
Reply With Quote
Vikul
07-19 05:52 PM
Date Delivered To USCIS: July 2nd 2007
Time Delivered To USCIS: 9.00 am
Service Center: NSC
Rejected: Dont Know
Time Delivered To USCIS: 9.00 am
Service Center: NSC
Rejected: Dont Know
santb1975
12-08 11:27 AM
I will send my story too
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