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  • Blog Feeds
    02-25 07:20 PM
    AILA Leadership Has Just Posted the Following:


    https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgb6kAhkd02o_euXPutBEeDgdlBUkSBHxmbn-7sfCm8_5xFJ2wyGklvH-8SRfvhNdnyf641RVAlGGVSqywtmhQjoYCM-xXHDc8ILE01MvYot7yNDo9C3CgaFyen2y0rqU4Z074OeeUNzII/s320/2010-02-23+Magnifying+Glass.jpg (https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgb6kAhkd02o_euXPutBEeDgdlBUkSBHxmbn-7sfCm8_5xFJ2wyGklvH-8SRfvhNdnyf641RVAlGGVSqywtmhQjoYCM-xXHDc8ILE01MvYot7yNDo9C3CgaFyen2y0rqU4Z074OeeUNzII/s1600-h/2010-02-23+Magnifying+Glass.jpg)
    By Eleanor Pelta, AILA First Vice President


    The latest salvo in the war against H-1B workers and their employers (and this time, they�ve thrown L-1�s in just for fun,) is the Economic Policy Institute�s briefing paper by Ron Hira, released last week, which concludes that the practice of using H-1B and L-1 workers and then sending them back to their home countries is bad for the economy. While Hira�s findings are certainly headline-grabbing, the road that Hira takes to get there is filled with twists, turns and manipulations and simply lacks real data.


    Hira starts with the premise that some employers use H-1B�s and L visas as a bridge to permanent residence, and some employers use those categories for temporary worker mobility. (His particular political bent is belied by his constant usage of the term �guest-worker status��a term that brings with it the politically charged connotations of the European guest worker programs for unskilled workers�for the practice of bringing H-1B�s and L�s in to the U.S. on a temporary basis.) After examining his �data,� he divides the world of employers into two broad categories:


    � Bad guys (generally foreign employers, no surprise, or U.S. employers with off-shore companies in India) that bring in H-1B and L workers for temporary periods, exploit them, underpay them and send them home after they get training from the American workers whose jobs they will outsource when they return home
    � Good guys (U.S. corporations �Hira uses the more genteel label, �firms with traditional business models�) that bring H-1B and L workers to the U.S., pay them adequate wages, and sponsor them for permanent residence, thereby effecting a knowledge transfer to American colleagues that is good for the economy


    Hira�s tool, a statistic he calls �immigration yield,� is simply a comparison of H-1B and L usage and the number of PERM applications filed by the highest users of those visas. He essentially concludes that because the highest users of H-1B�s and L�s are Indian consulting companies, and these companies have only a minimal number of PERM�s certified, they are using H�s and L�s as cheap temporary labor. He is unable to explain away the high number PERM filings of one of the IT consulting companies, and so he addresses this anomaly by saying �part of the explanation might be that it is headquartered in the United States.�


    There are too many things wrong with this analysis to list in this blog, but here are a just a few ways in which Hira�s study is problematic:




    Hira�s clear implication is that companies that don�t sponsor H-1B�s and L�s for PERM are using these workers instead of more expensive American labor. He ignores that fact the H-1B program has rules in place requiring payment of the prevailing wage to these workers. But even worse, he has not presented any data whatsoever on the average wages paid to these workers. He also doesn�t address the expense of obtaining such visas. He simply concludes that because they are here temporarily, they are underpaid.



    Hira makes the argument that companies who use H-1B and L workers as temporary workers generally use their U.S. operations as a training ground for these workers and then send then back to their home countries to do the job that was once located here. Again, this assertion is not supported by any real statistical data about, or serious review of, the U.S. activities of such workers, but rather by anecdotal evidence and quotes from news stories taken out of context.



    With respect to the fact that the L-1B visa requires specialized knowledge and so would normally preclude entry to the U.S. for the purpose of gaining training, Hira cites and outdated OIG report that alleges that adjudicators will approve any L-1B petition, because the standards are so broad. Those of use in the field struggling with the 10 page RFE�s typically issued automatically on any specialized knowledge petition would certainly beg to differ with that point.



    Hira clearly implies that American jobs are lost because of H-1B and L �guest workers,� but has no direct statistical evidence of such job loss.

    The fact is that usage of H-1B and L visas varies with the needs of the employer. Some employers use these programs to rotate experienced, professional workers into the United States and then send the workers abroad to continue their careers. Some employers bring H-1B�s and L�s into the U.S. to rely on their skills on a permanent basis. Judging from the fraud statistics as well as DOL enforcement actions, the majority of employers who use H-1B workers pay these workers adequate wages and comply with all of the DOL rules regarding use of these workers, whether the employers bring them in for temporary purposes or not. By the same token, the minority of employers who seek to abuse H and L workers may well do so, whether they intend to sponsor them for permanent residence or not. Indeed, arguably, the potential for long-term abuse is much worse in the situation in which a real �bad guy� employer is sponsoring an employee for a green card, because of the inordinate length of time it takes for many H-1B and L workers to obtain permanent residency due to backlogs.


    Hira does make that last point, and it is just about the only one we agree on. Congress needs to create a streamlined way for employers to access and retain in the U.S. foreign expertise and talent, without at 10-15 year wait for permanent residence. But our economy still needs the ability for business to nimbly move talent to the U.S. on a temporary basis when needed, or to rotate key personnel internationally. In a world where global mobility means increased competitiveness, Hira�s �statistics� simply don�t support elimination of these crucial capability.https://blogger.googleusercontent.com/tracker/186823568153827945-6000198492670312275?l=ailaleadership.blogspot.com


    More... (http://ailaleadership.blogspot.com/2010/02/epis-latest-study-of-h-1b-and-l-usage.html)





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  • HV000
    08-10 08:47 PM
    Reforms To Visa Programs For Highly Skilled Workers.

    IMPROVING EXISTING IMMIGRATION
    22. The Administration Will Reform And Expedite Background Checks For Immigration. Current mechanisms for conducting immigration background checks are backed up, slowing processing times and endangering national security. The Administration is investing substantial new funds to address the backlog, and the FBI and USCIS are working together on a variety of projects designed to streamline existing processes so as to reduce waiting times without sacrificing security.
    23. The President Is Directing The Department Of Homeland Security And The Social Security Administration To Study The Technical And Recordkeeping Reforms Necessary To Guarantee That Illegal Aliens Do Not Earn Credit In Our Social Security System For Illegal Work. Currently, aliens who make Social Security payments while working here legally can continue to accrue credits even if they overstay their visa. Improved data-sharing can lay the foundation for eventual Congressional action to eliminate this practice (which proved an obstacle to comprehensive reform). The relevant agencies are ordered to report to the President with a detailed plan for eliminating the problem.

    The funny thing is ONLY now they are thinking about their JOB RESPONSIBILITIES which is to UPHOLD the Law!! However, they have not specified ANY TIMELINE for REFORM!!

    SEPTEMBER Rally would be ideal to raise these issues!

    ISSUES THAT WE COULD RAISE DURING THE RALLY
    1. Eliminate EB Backlog
    2. Processing Timeline for I-485
    3. Faster processing of FBI Name Check(Questionable process according to USCIS OMBUDSMAN)
    4. Uniform Processing Methodology across all USCIS Service Centers
    5. Uniform Level of Customer Service across all USCIS Service Centers
    6. Increase Coordination between USCIS and DOS
    7. Allocation of ALL VISA Numbers by DOS at the beginning of fiscal year rather than a piece meal allocation during the first 3 quarters.
    8. More Transparency and flexibility in invoking AC21
    9. Decrease the time to invoke AC21 from 6 months to atleast 3 months





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  • hanu0913
    10-08 03:12 PM
    Your sentences are confusing. Please no offense.

    You can file your wife's I-485(derivative adjustment) once the PD is current. So just relax and keep on looking Visa Bulletin every month to check if the priority dates are current.

    My case : got GC on June. Filed wife's case in June and she has an EAD.

    All the best.

    so here is exact question , what about if i get GC approval before my PD gets current?





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  • h4visa
    07-27 01:26 PM
    what H1 and H4 has to do? Once you start using EAD..your current status has no impact. On EAD, you can do multiple jobs but similiar description.

    -M


    what about H4? I believe no job description is required...rt? I mean once H4 gets EAD. Pls reply



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  • tabletpc
    07-30 09:13 AM
    Sad to know about u r situation and hope u will get out of it soon.

    Remember when a emplyee losses job ts the responsibility of the emplyoer to report to USCICS to cancel the H1B for that employee. Just wondering if u r employer has/not reported to USCICS. Talk to them and try to get some time until u can transfer u r h1b....!!!!

    As of porting....yes you can port PD once u r i-140 is approved. Is u r I-140 approved..??if its pending..u could be at risk if u get RFE and u r employer don't respond on time. Then you can't have n approved i-140 so will not be able to port PD. However if u have approved i-140 then , all u need to do in new job is get PERM done and use the earlier PD.

    You can port PD from Eb3 to any employment category.

    Did i answer u r queries...???

    Good luck





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  • gcseeker28
    07-27 02:21 PM
    Hello Gurus,
    I am a first timer posting in this fantastic forum.
    I am in a very confusing situation wherein I need your help

    EB2 priority date: April 2007
    I 140 approved.
    I 94 expired in August 2010

    So, I applied for 7th year H-1B extension in February and I got a RFE with the query to prove that I am working at the client's place.
    I submitted all the documents except for the client's letter. Yesterday, I got a denial mail for which I dont know the exact reason.
    I am presuming its related to the client's letter.
    My lawyer said that we can open a MTR within 30 days.

    What are the options and todo list I have?
    1. I have a very good rapport with the client and I can get the client's letter.
    If I get it, how long will it take to approve my case?

    2. I am still working. Is it legal if I work as long as the appication is being processed.
    3. Once I get my EAD, will it matter if H-1B gets rejected?

    Please help me!



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  • vrbest
    05-07 02:38 PM
    I dont think soft LUD provides any logic.. I had soft LUD on my H1B case last week .. this was approved last year for 3 yr extension and I have not applied for anything recently (last one was for AP in Feb 1st week). No other cases had LUD updates...

    They are not random. The do have some logic.

    At every center cases are filed in order they are received (at least that is what they claim). "Received" does not mean in order of RD you see on your receipt. It is when physically a center accepted your paper case, and decided to enter in the system. PD plays role only for casesfrom retrogressed countries (EB and FB, both). For majority of cases, it has no relevance. PD of cases is nowhere maintained in the system (at least until a case is looked at the first time, which is sometime referred to as "preadjudication"), except on your paper filing. When your file turns out to be next in que for adjudication, in order or receive date (as defined above), the IO has no idea about your PD. Physical file is processed and checked for docs (birth certificates, photos, etc. etc.), AND the PD. At this time you might see a LUD. If nothing further progresses (due to PD not being current) LUD remains a soft LUD, and your case is put aside. If by luck your file was seen when your PD was current, you get lucky and get a GC (and several hard LUDs). PD sequence and received date sequence have no relationship, that's why the whole process seems random.





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  • gc_75
    07-17 05:18 PM
    I think we have till July 31st. About 2 weeks.
    one silly question. How weeks do we have in hand to file 485?



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  • mhathi
    08-25 09:23 AM
    Hi kondur_007,

    Now can i do the 140 premium processing,to know the result asap.

    If my 140 is still in process,can i file another perm labour and can i use my old labour dates.

    Thanks for ur response.

    Priority dates cannot be ported unless I-140 is approved. Unfortunately, in this case it looks like you will lose your original PD if they deny/refuse to accept your I-140 application.





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  • NNReddy
    11-19 11:53 PM
    Travel thru UK on advance parole. Did anyone travel thru UK on advance parole. Do you know if you can travel thru UK on advance parole(with UK TRANSIT OR VISIT VISA). Do you need to have USA VISA STAMP.



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  • ksvreg
    02-25 09:55 AM
    I started talking to new employer about my joining and I requested for preparing PERM stuff before I join. This is the only this I want the new employer to do on behalf me before I join with him. The employer said Prevailing Wage determination takes 2 months. And the new employer mentioned that he can not do Prevailing Wage determination without joining. Is this right?





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  • logiclife
    05-11 03:34 PM
    Bkarnik,

    We will definately take some pictures and post them here.

    --Jay.



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  • SunnySurya
    08-03 09:42 PM
    I think thousand is over exagerated. Most people have filled their application at NSC.
    I also have a consiparacy theory now. The dates porbably have moved out because of TSC as they did not have enough cases to process.
    Not only July 2nd but probably 1000s of 2004 PDs with July 2 as RD are waiting......Its great to see 2006 approvals - at least USCIS is working......but FIFO does not exist in their dictionary.....Its probably LIFO....





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  • rolrblade
    03-11 01:34 PM
    I don't understand in what cases consulate holds a person's passport. What if the applicant wants to return back home country instead of waiting in Canada?

    You have a right to ask for your passport back. You can always state the logic that in the case of emergency, will the consulate provide the passport back at a moments notice? probably not!

    Also, a passport is the property of the issuing government and no other government entitiy / individual has a right to hold it. I wouldnt state it in these terms though :) .... the emergency travel reason should suffice!



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  • gcinterview
    05-12 04:47 PM
    I'm a new member on this forum and my case got transferred to MOUNT LAUREL, NJ office.

    History:
    My 485 was filed in NSC in July'2007.
    I have 2 I-140 petitions, and dates are current(Eb2 India).
    Code 3 FP done in Dec'2007 and Name check and FBI background checks cleared.
    Case got transferred from NSC to local office in April'2009
    After about 8 days of transfer to the local office I received Code 1 Finger print notices.

    What does that mean? Any one had similar experiences?

    Here is the message I got last month.

    We transferred this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS to our MOUNT LAUREL, NJ location for processing because they now have jurisdiction over the case. We sent you a notice of this transfer. Please follow any instructions on this notice. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when this case will be done. This case has been sent to our, MOUNT LAUREL, NJ location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.


    Thanks for the link. Looks like I will have to get ready for an interview!!!!





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  • gc_chahiye
    10-05 04:12 PM
    How big of a risk would it be to file on EB2? If they reject me for EB2, would it hurt my chances on applying again on EB3? How much time would I lose in case of a rejection?


    getting rejected in EB2 does not impact your case for EB3 (they might look up that older file and see that it was rejected because of education qualification for EB2, but does qualify for EB3).
    You will probably get an RFE at I-140 time. USCIS will either reject this case, in which case you will lose this complete GC process and need to restart from scratch (so you'll lose maybe 1 years worth of place in the queue). Or they might ask you to accept this in EB3, in which case you dont lose your LC and the PD that goes with it.



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  • Dhundhun
    10-23 02:13 PM
    buy a return ticket . Cathay Pacific has tickets valid for a year. They have no change fees etc. so you can change the return date whenever you want.

    Rates vary for 4 months, 6 months and 1 year return tickets. Decide as per your convenience.





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  • chanukya
    05-17 10:55 PM
    Sorry about my statement, I stand corrected, if you are US Masters and above plus member of profession, you still are not exempt from LC Process, however, special handling of LC in your case will take place, like the measure by DOL will be looking for US Citizens equally qualified ratehr than able, willing and qualified.

    USCIS Section 212(a)
    (5) Labor certification and qualifications for certain immigrants.-


    (A) Labor certification.-


    (i) In general.-Any alien who seeks to enter the United States for the purpose of performing skilled or unskilled labor is inadmissible, unless the Secretary of Labor has determined and certified to the Secretary of State and the Attorney General that-


    (I) there are not sufficient workers who are able, willing, qualified (or equally qualified in the case of an alien described in clause (ii)) and available at the time of application for a visa and admission to the United States and at the place where the alien is to perform such skilled or unskilled labor, and


    (II) the employment of such alien will not adversely affect the wages and working conditions of workers in the United States similarly employed.

    (ii) Certain aliens subject to special rule.-For purposes of clause (i)(I), an alien described in this clause is an alien who-


    (I) is a member of the teaching profession, or


    (II) has exceptional ability in the sciences or the arts

    (III) is a member of the professions and has a master's degree or higher from an accredited United States university or has been awarded medical specialty certification based on post-doctoral training and experience in the United States.''.


    Bottom line US Masters and above still need LC, Only thing is they are not counted against Quota....which is the biggest releif ever...





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  • pappu
    09-14 06:20 PM
    Thanks to all those who tuned in.





    whyregisteration
    12-19 03:18 PM
    Is it necessary to file second time with I-140 reciept?
    What is the fee?
    Do you have new form I-485 and I-765 (EAD)?

    I heard one did not need apply another I-765 (EAD) unless it is expired or voided (one 140 approved is enough :D )

    now 485 fee is $1010 for an adult, already including I-765 (EAD) fee :rolleyes:





    MightyIndian
    06-05 11:24 PM
    The 765 instruction form mentioned an alternative address for courier/express deliveries as follows:
    USCIS
    Texas Service Center
    4141 N St. Augustine Rd
    Dallas, TX 75227.

    I sent my application by USPS Express mail to the above address and someone by name D LAITZ signed for the delivery. I sent the package on 6/2 and it reached USCIS on 6/3. I just checked my bank account and the fee check was cashed revealing the receipt number.

    MI



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