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  • apt7
    05-30 05:16 PM
    According to wikipedia the def of a consultant is..

    "The main difference between a consultant and a 'normal' expert is that the consultant is not himself employed with his client, but instead is in business for himself or for a consultancy firm, usually with multiple and changing clients. Thus, his clients have access to deeper levels of expertise than would be feasible for them to retain in-house, especially if the speciality is needed comparatively rarely. It is generally accepted good corporate governance to hire consultants as a check to the Principal-Agent problem."

    Consultants have more exposure to the corporate environment than the full time empolyees who do the work as same old same old. Consultants usually and rapidly cater to the needs to the corporate needs of course chanrging huge fees unlike the FTEs.

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  • unitednations
    08-03 08:18 PM
    huh? another shocker (atleast for me): what is the issue with using AC21 to go from a consulting job to a permanent one? As long as title and duties say the same. If I am consulting at a client site, cant I use AC21 to join them fulltime 6 months down the line? My duties etc remain exactly the same.

    Remember when I was mentioning ability to pay and what happened in 2004.

    Some people with approved 140's from 2002 and 2003 had the reopened by uscis and they started applying current day memorandum and current day adjudication standards to cases which were already approved. A number of people had their 140's revoked by uscis stating they were approved in error.

    Chennai consulate and California service center both treat the staff augmentation companies as not the employer in "common law" context. That is; you are not in their control. that is why they always ask for letter/contract from the end client.

    California service center was just starting to treat the 140's in the same manner before they stopped doing 140's. They were denying/revoking 140's because a company did not have a full time and permanent job for them.

    Now;texas and nebraska do not do this. But with all of these legal wranglings; complaints by people; h-1b denials, consulate 221g's, etc.; eventually this could have an impact.

    Let's say you are working at Client A. You work for B. You don't like their ratio; so you move to employer C, who gives you a better ratio but you still work at client A. Then you hop over to employer D because they process labors in a fast state or it is a substitute labor. Now; you file 140/485 and after six months you decide to join client A using AC21. Now; how would you justify this. From common law point of view; B, C and D are not your employer even though D is the one filing greencard for you. We'll see as time goes on when people start leaving en masse and uscis starts picking up and detecting these patterns as to what type of impact it will have.

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  • willigetagc
    08-05 08:40 AM
    The said person should have been aware of what he or she was getting into. Blaming your hardship on other people and trying to get mileage out of it is hardly an honest way............would you agree?

    I dont think your proposal is fair. PD belongs to the person whether he is EB2, 3 or 10.

    In fact, if you think about it an EB3-to-EB2 convert would spend more time in the queue than a full EB2 and less than a full EB3.
    But what you are proposing will make a 3-to-2 convert spend more time in the queue than a full EB3.

    You know the GC queue is a dynamic one. You need to look at the total time spent in queue to determine whats fair.

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  • immique
    07-14 01:48 AM
    well said. people should realize that EB visa system is based on principles that are thought to benefit US. retrogressed EB2 categories cannot whine about EB1 saying that EB2 should be current also. personally I know many Physicians who have applied in EB2 and have been waiting for years even though many of them qualify for EB1. In the same manner EB3 cannot complain about EB2 saying that spill over should go to EB3 when EB2 is itself retrogressed. remember that the directive for the correct interpretation of the law came from Congress itself. This has actually revealed that EB2 was unfairly disadvantaged last year when all the spillovers got passed to EB3 while EB2 was unavailable. They may even consider to compensate retrogressed categories in EB2 with all those Visa numbers that were improperly given to EB3 ROW by giving EB3 ROW visas to EB2 retrogressed categories from this years and next years quota. I totally understand the plight of EB3 I and agree that there needs to be a solution for this. But complaining to State Department or USCIS will not change a thing as they are only there to follow the laws and not make any changes to the existing laws. campaign from the whole EB community has not produced much result this year to eliminate retrogression. I don't think campaign by one category (EB3) from just one country (India) is going to achieve the result by this letter campaign. rather, the efforts should be concentrated in ending retrogression for all the categories through effective legislation and can only be achieved by cooperation between all the categories.

    Disclaimer: I am an EB3-Indian with a PD of Oct 2003.

    Delax: I agree entirely with what you are saying. Your arguments are 100% valid. The part that I don't get is why are you trying so desperately hard to convince EB3-Indians that their letter campaign lacks merit?

    Remember, a drowning man will clutch on to a straw for hope. You are like a sailor in a boat trying to tell the drowning man that a straw is no good. So, if you cannot get Eb3-Indians to see your point-of-view, just lay off this thread. Do you really expect all EB3-Indians to say "Thanks to delax, we now see the folly of our arguments. Let's stop this irrational effort, and instead just do nothing!"

    I can assure you that despite being an EB3-Indian, I am not participating in this campaign. Because I know that it is a ridiculous argument to expect PD to take preference over skills. And honestly, I cannot come up with a single rational reason to demand a GC for me over any EB1 or EB2 applicant.

    To all you EB3-Indians, chisel this into your brain: The US immigration system wants EB1 first, then EB2 and then EB3. It doesn't matter what your qualifications are or what the profession is...what matters is in which employment-based category was your LC filed. If you think, you are skilled enough, then stop wasting time in arguing with EB2 folks. Use your skills to apply for EB1 (which is current) or EB2 and get your GC fast. Otherwise, get this chiselled into your head as well: You are less skilled than EB2 and EB1 (purely on the basis of the LC category), so it makes 100% sense that US will give you the lowest priority. Period.

    As I wrote earlier, I'm an EB3-Indian as well. Only differences being, I have still maintained my sanity, and I have the patience to wait for IV to deliver the official guidance on proceeding further.


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  • rajuseattle
    07-14 08:40 PM

    Draft of this letter itself is an invitation for the investigation into Labor certification process for the individual who are suggesting they were qualified as EB-2, but their attorneys or HR reps told them to file under EB-3.

    Entire LC process is certified under the assumption that the employer in good faith has tried to hire US citizen and since he couldnt find a qualified US citizen for a that Job position, the employer is hiring an alien ( foreign national).

    I am not supporting this petition, even though i am a victim of the backlog centres and my labor took 4+ years for approval.

    We should all support IV's initiative for recapturing of wasted VISA numbers from the past years.

    Fighting among indian EB-2 and EB-3 is useless and it defeats the purpose of IV unity.

    IV seniours should immediately intervene in this matter and stop further discussions on this useless petition which doesnt have any legal standings and in itself is an invitation from DoL and USCIS to investigate the individuals who signed the petition and messed up their immigration process.


    PD: India EB-3 June 03.
    I-485 filed in Aug 2007 at NSC.

    awaiting I-485 approval...which will be 2-3 yrs down the road, if no relief from US congress.

    Right now enjoying the freedom using EAD.

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  • xyzgc
    01-03 05:02 PM
    When they get bribes, why bother about pay? Sorry, I've no respect for these low lifes who take bribe and make common man run from pillar to post.

    I think before we get into the generics of bribery and corruption - we should examine it from the context of the lack of security. Blaming the local police force for everything wrong that goes on is a natural reaction. This was my initial reaction too.

    Yes, the Bombay police has not been effective but you must realize that when the police is underpaid, they will remain incompetent I'm not justifying bribery and corruption, just trying to suggest that provide them with proper arms and give them proper remuneration. Most of the retired police commissioners have also complained of lack of free hand and interference by officious politicians.

    Major Unnikrishanan received a paltry compensation of Rs 500k with humiliation to his father as a bonus. Abhinav Bindra - an olympic gold medalist - received Rs 5 million.
    Is there a sense of proportion? Obviously, we don't care for our fallen heroes, we don't care for our security forces...

    Would you rather be a sportsman or a Bombay policeman/a commando? Decide for yourself.


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  • mariner5555
    04-17 07:31 PM
    I also thought that pitching in the home buying by GC folks would make a great argument in front of law makers. But there was a very sensible posting by our spokes person Mark B.

    He said, he would not put home buying by GC folks as a main selling point for our cause. May be he will say this point as a half joke-half serious manner while discussing our core selling point. The core selling point being that the US is loosing talent by not giving us GCs in a timely manner.
    I agree ..it cannot be used as the main point. but everywhere (even here) .money (or economic issues in this case) talks.
    also, when you use current issues to link to the immi cause then there is a better chance of selling it.
    for eg - during Y2K ..nobody complained when immigrants were flocking here.
    when dot com was at height - clinton was easily able to sign the H1 cap increase bill.
    the issue today is housing ..but I agree many legal immigrants have brought (though I guess 60 - 70 % have not) ..and if the numbers were twice or thrice and there was unity ..then it would have been different.
    if you see the prev link about foreclosures ...say in a sub division - the average house rate is 400K. one of them goes in FC ..bank lists it for 250K ..in the same sub div - if 3 genuine sellers want to sell and compete - then they have to bring down their prices to maybe 300K ..and hence all the house values in that Sub Division effectively comes down ..so even 1 house buyer matters. In the end this issue will mostly be solved by increased demand ..and sizeable amt of that demand will come from immigrants.

    and if you see and analyze this link - the market will be swamped by foreclosures.

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  • gomirage
    06-08 06:41 PM
    Your common sense tells you to abandon your GC because it is taking too long? Then with your defeatist mentality, you should leave the country now. In case you didn't read a word of what I said, the interest you pay is tax deductible.

    What is the difference if you had your GC or not? If you had it would you still be renting? The ONE and ONLY reason I would ever rent is if it was a rent stabilised apartment in a good location in Manhattan, or when I am saving up enough money to buy.

    You are a genius. Actually it's been a while now since since I left and I am glad and had the defeatist mentality to build a better life for myself and my family elsewhere.

    For a genius, you should better. Just because you are on this forum, doesn't mean you are in the US, lol.

    I have been member of this community and like to discuss with ex fellow GC seekers. You don't know the difference between GC or not ? Let me explain it to you, genius. With a GC you know that you are legaly entitled to stay permanently, at least until you commit something to have it revoked. Without GC, when your time is up, you have to pack and leave. Get it ? or is it STILL too complicated for you, genius ?

    Wonder how can someone suffer after GC and still doesn't know the difference.


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  • xyzgc
    01-10 11:04 PM
    First of all, thanks for converting my argument about Europeans and native peoples into Muslims and non-Muslims. Shows us where our respective prejudices and biases lie. I am very happy when my comments on any situation are turned into a broad 'us vs them' thing. It just shows us that our primitive and primal instincts from the time when we split from the apes are still alive and kicking in some people. Its pretty fascinating for me.

    Secondly there is a difference between military strikes (retaliatory or otherwise), and acts of massacres. Pretty much the same as there is a difference between military confrontation and ethnic cleansing. If you condone and defend the latter, then you are pretty much defending ethnic cleansing. Striking Hamas targets are military strikes. Holing up a hundred members of an extended family into a house, and then destroying the house is an act of massacre. When we defend acts like the latter one, we defend ethnic cleansing.


    The world feels Israeli attacks is disproportionate. The recent Gaza attacks and the Lebanese attacks are deemed disproportionate. But that's the only answer to rockets being launched into Israel and the bombing of commercial establishments in Tel Aviv.

    India does not attack Pakistan's terrorist camps at all.
    Its another example of grossly disproportionate response!!:mad:.
    Islamic fanatics come and violate my motherland at will makes my blood boil in useless rage. I'm even more appalled when Indians themselves remain insensitive of this fact and want to preach peace.

    India is not Israel and Israel is not India. Israel not only attacks the terrorists but also exports weapons to India. Such a tiny nation, one of the most advanced nations in South-West Asia and takes the bull by its horns!. India imports weapons from Israel, has growing defence budget of tens of billion dollars and does nothing to stop terrorism. Its absurd!

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  • JunRN
    09-26 02:39 PM
    Everyone say "H1b is not good we want more GC". Then the whole thing moves towards a new points based system and everyone will support it saying - this will ensure US will have best and brightest. What happens to us???? We will be ignored

    If ever point based system becomes a law, those who already filed for EB GC will not be affected. New applicants will be affected and I think point-based system is better than the current. It follows FIFO strictly so you know exactly when your case will be adjudicated.


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  • gsc999
    05-31 07:45 PM
    CNN is taking a big chance by trying to be like FOX. CNN will continue to loose viewership with such economic/ social/ culturally xenophobic news reportage.

    American Senate did a great job by being so unyielding to the protectionists.

    At the same time it is interesting to note the perceptible loss of self-confidence in this protectionist lobby. Are we witnessing a paradigm shift in America? Capitalism takes back seat and the country becomes more socialist like western European contries e.g. France and Germany. With the loomimg baby-boomer retirement a couple of years away this might very well be it.

    Globalization trend will intensify. China and Taiwan are already the manufacturing hubs of the world, couple of more years of such unfair treatment of trendsetting immigrants in US and its all history for the knowledge workers here. Former communist countries like Russia and China become truly Capitalist while America becomes socialist driven by the likes of Lou Doubs who is couching his real agenda behind a facade of being a middle-class messiah.

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  • Macaca
    05-13 05:35 PM
    Give Us Your Huddled Masses of Engineers
    Why are we educating the best and the brightest, only to turn them down for visas? (http://immigrationvoice.org/forum/forum89-news-articles-and-reports/1834574-afsheen-irani-the-girl-who-stumped-obama-172.html)
    By PETER H. SCHUCK AND JOHN TYLER | Wall Street Journal

    President Obama devoted almost all of Tuesday's speech in El Paso to the problems raised by illegal immigration: border and workplace enforcement, the need for a fair legalization process, and, almost apologetically, deportation. Only briefly did he mention our interest in attracting more high-skilled immigrants to work in the upper reaches of our economy.

    "Today, we provide students from around the world with visas to get engineering and computer science degrees at our top universities. But then our laws discourage them from using those skills to start a business or a new industry here in the United States," Mr. Obama said. This "makes no sense," he added. The president is right.

    The critical question is what to do about it. Finding an answer is urgent because the market for these workers is increasingly competitive�and the U.S. is no longer the only powerful magnet. Indeed, new studies from the American Enterprise Institute and the Kauffman Foundation find that we are losing ground in this competition.

    Our current policy is plain stupid. Of the more than one million permanent admissions to the U.S. in 2010, fewer than 15% were admitted specifically for their employment skills. And most of those spots weren't going to the high-skilled immigrants themselves, but to their dependents.

    The H-1B program that allows high-skilled immigrants to work here on renewable three-year visas, which can possibly lead to permanent status, is tiny. The current number of available visas is only one-third what it was in 2003. Plus, the program is hemmed in with foolish limitations: Visa-holders can't change jobs, and they must return home while awaiting permanent status.

    Thus, many employers find the H-1B program useless. Many high-skilled workers prefer to go to more welcoming countries, like Canada and Australia, or to stay home where their economies are now often growing faster than ours. The U.S. does have a program to attract job-creating investors, but it is more limited than some of our competitors' investor programs. In 2010, we granted fewer than 2,500 such visas, down from the 2009 total although higher than in earlier years.

    We're shooting ourselves in the foot. Research shows that high-skilled immigrants, particularly those in the so-called STEM (science, technology, engineering and mathematics) fields, enrich American society in many ways. These workers are notably innovative at a time when the U.S. is in some danger of losing its competitive edge. Not only do they apply for patents at a disproportionate rate, but the government grants their applications two to three times as often as with comparably educated Americans. Even if we limit the comparison to scientists and engineers, high-skilled immigrants in those fields still receive 20% more patents than their American counterparts.

    In addition to being more innovative, high-skilled immigrants tend to be more entrepreneurial. They start and grow the kinds of new firms, such as Google, that account for the bulk of job creation. Research consistently shows that they start at least 25% of the STEM companies, which is double the percentage of all legal and illegal immigrants in the U.S. population.

    So what can be done? Even without increasing the total number of permanent visas, we can redress the imbalance between admission categories to increase the proportion of those that are highly skilled. Two existing allotments merit low priority and should be granted instead to high-skilled workers: the 50,000 "diversity" visas granted at random to applicants who need only have a high-school education, and the 65,000 visas given to siblings of U.S. citizens. A lottery for the low-skilled is an absurd way to select future Americans, and sibling relationships today are readily sustainable through tourist visas and Skype.

    A second reform would move to a point system for most would-be immigrants except for immediate family members, in which skills, entrepreneurship, English fluency, and other factors would count as well as close family ties. Third, we should grant permanent visas to any foreigner who receives a graduate degree from a qualified U.S. university. Finally, we should liberalize the H-1B program, perhaps moving from the current bureaucratic approach to an auction of the visas to employers who would bid for the skills they need, but also allowing for more job mobility for workers after a certain period.

    Attracting more of the world's best talent should be a no-brainer. It should not be held hostage to the much harder problem of illegal migration.

    Mr. Schuck, a professor at Yale Law School, is visiting at NYU Law School. Mr. Tyler is general counsel of the Ewing Marion Kauffman Foundation.

    You're getting a US visa! Oh, no, wait a minute (http://news.yahoo.com/s/ap/20110513/ap_on_re_us/us_us_visa_lottery) By MATTHEW LEE | Associated Press
    Abandoned on the Border (http://www.nytimes.com/2011/05/13/opinion/13Dever.html) By LARRY A. DEVER | New York Times
    Passport, visa, virginity? A mother's tale of immigration in the 1970s (http://www.guardian.co.uk/lifeandstyle/2011/may/13/virginity-tests-uk-immigrants-1970s) By Huma Qureshi | The Guardian
    Obama should get specific on immigration reform (http://www.theglobeandmail.com/news/opinions/editorials/obama-should-get-specific-on-immigration-reform/article2020261/) Globe and Mail Editorial


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  • logiclife
    05-16 12:14 PM
    No need to have Durbin's bill. Just ban Outsourcing, then all jobs will come back and everybody will be happy here in US.

    US congress cannot force investors to invest money only in US and get work done only in US.

    Its not possible for US Government to ban outsourcing. The only thing they can do is create incentives to limit outsourcing. However, if a company still wants to outsource jobs overseas, Congress cant do ANYTHING about it.

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  • somegchuh
    03-25 02:53 PM
    Ss it really "Rent Apartment vs Buy House" ?
    How about renting a home to provide something good to your family?

    With the home values declining I think it makes way more sense to rent the same house (at least in the area I live). If your mortgage payment is only $500 above apartment rent I would say buy. But if you are looking at paying double as mortgage I think its really inflated.

    I would like to read more about buying foreclosed properties. I hear there are some good deals out there :D

    When you sell, you need to pay 3% as commission to both the seller and buyer agent. You will break even as soon as the house appreciates 6% plus your closing costs, anything above that would be your profit.

    Now with the market going down, my guess as to when the house appreciates is as good as anybody else�s.

    As far as Rent vs Mortgage goes, I would go with owning a house and paying mortgage than being on rent, I just cannot live in an apartment anymore. Caring for aging parents is our duty and responsibility as much as providing a decent home to our children and giving them a life. If I can strike a balance and fulfill my duties to both, I am happy. Coming to think of it, sometimes I wonder why I did not buy the small house I am in a couple of years ago.


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  • GC08
    02-01 09:00 PM
    It is time for IV to do its job by letting the truth out. The claim that H1Bs do not pay any taxes are outrageous. They should know that H1Bs pay all the tax but do not enjoy the benefits, e.g., when they get laid off, they have to leave the coutry right away without getting a penny of unemployment benefits. They will not get the social socurity benefits if they do not work in the U.S. for at least 10 years while their visas only allow them to work 6 years in a row. Such unfairness can go on and on...:mad:

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  • Macaca
    03-05 09:08 AM
    Some paras from Slowing Down The Revolving Door (http://www.washingtonpost.com/wp-dyn/content/article/2007/03/04/AR2007030401201.html)

    A House committee has approved legislation that would lengthen employment restrictions for federal procurement officials who take certain jobs when they leave government, from one year to two years. It also would prohibit newly hired procurement officials from awarding contracts to their former employers for two years.

    Tightening employment restrictions will bring more accountability to government, contends Rep. Henry A. Waxman (D-Calif.), chairman of the House Oversight and Government Reform Committee. Recent lobbying and procurement scandals are proof that something needs to be done, he points out.

    Congress has been trying to regulate the revolving door -- the rotation of federal officials and business executives into and out of government -- since at least 1872, according to the Congressional Research Service.

    Over the decades, Congress has sought to protect the government from former employees who took sensitive information with them and used it to promote the interests of a private party. Congress also has devised rules to discourage federal employees from cashing in on their inside knowledge or becoming snarled in conflicts of interest with companies doing business with the government.


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  • i4u
    09-20 08:11 AM
    How many believe that the vote on Tuesday will allow for the inclusion of Dream Act in the Defense Authorization Bill?
    How many believe that if it does get the votes on Tuesday, it will be passed on Wed or Thursday as some claim it?

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  • unitednations
    03-24 02:39 PM
    UN - why do you think USCIS allows

    (1) File for h1b from consulting company - when they think there is an issue
    (2) Allow labor substitution - when they think it is not good
    (3) Allow eb3 to eb2 porting - when they think it is not good

    the list can go on

    Why do you think people who are following law - not liked by USCIS?

    I am not blaming USCIS or not poking at them or your interpretation.

    I personally see that if you are not properly represented either by company or my a good Attorney - you are bound to have issues.

    Right now USCIS is giving everyone a hard time.

    I didn't even think that getting rid of labor substitution was a good thing. Much of the issues related to labor substgitution had to do with IT jobs. Although IT jobs take up a good number of greencards; it impacted other companies/people who weren't doing anything wrong with it. It was a first step in making eb harder.

    I am a pretty good advocate of the staffing companies. Kill staffing companies and h-1b and employment base greencard is finished for people from india. I don't think many people realize the implications of what is going on. Staffing companies are the lifeline for employment base IT and for nurses. Thre would be no more retrogressoin as people wouldn't be able to come here. All the people who are here in so called permanent jobs will also eventually get squeezed (laid off; company mergers; promotions; more rules like tarp, etc., and they will eventually also stop doing greencards except for the most senior of senior people).

    People really need to be careful right now.

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  • ImmiLosers
    01-09 07:43 PM
    What a waste of time & energy!! :rolleyes::rolleyes::rolleyes::rolleyes::rolleyes:

    Why can't we all plan a strategy to get the Green Card process going....rather waste time discussing something like this????:mad::mad::mad::mad::mad::mad::mad::mad::m ad::mad::mad::mad:

    Yes, one strategy could be to join Israeli Army. Thay way US would put your GC processing into EB0;)

    07-14 04:23 PM
    I hope not. We dont seem to be open to another point of view. All of a sudden when the shoe is now on the other foot there is a lot of heart burn. Look up the March 2008 visa bulletin.

    EB2 ROW was Current
    EB3 ROW was Jan 1, 2005
    and EB2-India was a big U

    Effectively EB3ROW got preference over EB2-I which was a mistake to negate the category preference. This has been corrected now and I welcome the change.
    Where was all this heart burn at that time. All of a sudden when EB2-I moves ahead I hear voices of 'injustice', fair play and demands for visa number handovers. Sorry aint gonna happen.

    The reason for this was not because of EB3ROW getting preference, it was because USCIS illegally used up entire year's quota before the congress actually authorized them to. Stop making false claims about EB3ROW getting preference over Eb2-I

    07-13 04:01 PM
    At the outset, I am not against EB3, but lets think about this for a moment. Any logic that we use to break up spillover between EB2 and EB3 can also easily be applied to EB1 and EB2. I'll repeat an earlier post of mine. "How can EB1 of 2008 get the GC immediately when EB2-I (in my case) has to wait for more than 4 years - clearly preference is at play here".

    Any spilt will artificially retrogress EB2 more than what it otherwise would have. Similarly one can always argue to artificially retrogress EB1 to give more visas to EB2 just because someone from EB2 is waiting for 4 years.
    Isnt that against the law. Any break up of spill over visas invalidates the category preference as per current law.

    Please also note that any unfavorable change to the EB1 category based on a hypothetical approval of an EB2/EB3 break up will invite the attention of Fortune 500 companies and prestigious research/educational institutions (who use EB1 the most) with all their political and financial resources at their disposal. That could put a halt to everything.

    Irrational passion calls for dispassionate rationality.

    Delax, EB1 with PD 2008 is getting their GC within months not because they utilize an 100% spill over from 'somewhere'. It is just because they do not have enough applicants in the queue and hence no retrogression.

    Honestly, 'i don't think' the 'advantage' that EB3 and EB2 have - using spillover from other categories. Correct me if I was wrong.