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Waitnwait
07-03 05:49 PM
My wife came to US on L2 visa. We applied for her H1 in April'07 and got selected in lottery :). She has been working since Apr - 07 with the same company first on EAD (from L2) and then on H1B. meanwhile we got lucky in July 08 and applied for 485 for both of us. We came back from India in Mid May using AP after one month vacation. ( we have EAD and AP). She stopped working 2 weeks after coming back and hasnot worked since. My quesion is
--- What is her current status ?
--- Can she start working on her EAD and abonden her H1B?
--- Will she be able to come back on H1B or H4 ( I also have H1B now)
--- What is her current status ?
--- Can she start working on her EAD and abonden her H1B?
--- Will she be able to come back on H1B or H4 ( I also have H1B now)
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saileshdude
05-28 11:35 PM
EB2 and EB3 will be in queue for sometime, fact being the latest fraud by Indian IT firms.
Please read then post comments.
I personally know 7 people who came to US in 2008 via Indian IT firm - designations [Sr Project managers or Program manager]....
Applied for GC under EB1 and every one of them have a GC now....not to mention few MNC's based out in India have done the same...one of my friends who works for an US based consulting firm in Hyd is here in US on H1B [12 months] he has a GC.....EB1
Before it was Labor Substitution cases that caused suffering everyone who is waiting in line for years. Now it is this fraud EB1 cases. I am planning to write to Ombudsman to bring this to the attention of USCIS to process EB1 cases from India with extreme scrutiny.
Indian IT firms make designation as multinational executives where in actuality these people are just bunch of clowns. This needs to be controlled now before we have another year of misuse of EB1 cases. Is IV going to do something to make sure EB1 cases really get scrutinized and are given to only who really deserve it. I think thats one of the things IV should be pushing for.
I am pretty sure Cognizant is one of the companies who is doing this.
Please read then post comments.
I personally know 7 people who came to US in 2008 via Indian IT firm - designations [Sr Project managers or Program manager]....
Applied for GC under EB1 and every one of them have a GC now....not to mention few MNC's based out in India have done the same...one of my friends who works for an US based consulting firm in Hyd is here in US on H1B [12 months] he has a GC.....EB1
Before it was Labor Substitution cases that caused suffering everyone who is waiting in line for years. Now it is this fraud EB1 cases. I am planning to write to Ombudsman to bring this to the attention of USCIS to process EB1 cases from India with extreme scrutiny.
Indian IT firms make designation as multinational executives where in actuality these people are just bunch of clowns. This needs to be controlled now before we have another year of misuse of EB1 cases. Is IV going to do something to make sure EB1 cases really get scrutinized and are given to only who really deserve it. I think thats one of the things IV should be pushing for.
I am pretty sure Cognizant is one of the companies who is doing this.
rahulpaper
06-27 10:03 PM
Isn�t the visa number limited to a upper threshold for each EB category for each country...How does these number move around between various countries....doesn�t that mean people from India and China (2 countries with most retrogression and paranoia) are looking at a very small number (~2K-4K) and not 40K in July?
Can someone comment on this number issue?
Yes I agree.. But if they don't move date foward then they can't approve those backlog applications.And they don't want to loose 40,000 visas . Now when they made all date current, they can approve all those pending application which are complete and just waiting for date to become current. Now we don't know real number and don't know how long it will take USCIS to do all approvals. But if they approve 40,000 in 2 weeks, I won't be surprised if they make it 'U' like other workers.
But then question still remains why they made all current. They could have just moved it by year or so.. And I am sure they know how many application they can expect in July.. I already saw some where that we have around more then 80,000 approved perm.. All they going to apply.. And what about all whose labor just got approved fro Backlog centers?
Its making everybody confused.. But its not in our hand and we can't do anything. Best thing is to file asap and just hope for best and we are always ready for worst..
Just think if they make date 'U' in middle of july, how many member going to loose money. Each of us spent so much money this month and if nothing happens that we loose all of it.
Can someone comment on this number issue?
Yes I agree.. But if they don't move date foward then they can't approve those backlog applications.And they don't want to loose 40,000 visas . Now when they made all date current, they can approve all those pending application which are complete and just waiting for date to become current. Now we don't know real number and don't know how long it will take USCIS to do all approvals. But if they approve 40,000 in 2 weeks, I won't be surprised if they make it 'U' like other workers.
But then question still remains why they made all current. They could have just moved it by year or so.. And I am sure they know how many application they can expect in July.. I already saw some where that we have around more then 80,000 approved perm.. All they going to apply.. And what about all whose labor just got approved fro Backlog centers?
Its making everybody confused.. But its not in our hand and we can't do anything. Best thing is to file asap and just hope for best and we are always ready for worst..
Just think if they make date 'U' in middle of july, how many member going to loose money. Each of us spent so much money this month and if nothing happens that we loose all of it.
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aps
09-23 02:26 AM
Most of us are waiting in line for years by sacrificing their career growth and earnings with the so called consulting companies. what for? To get a green card by buying a home here? Is it sensible? common. Bring some common solution to everybody, not for few. If you want to leave some IV members behind, then you may continue with this idea. your proposal DOES NOT MAKE ANY SENSE to me.
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AirWaterandGC
05-09 11:04 PM
Anyone with any comments on this, please share
I do have my CA PR. Waiting for US GC, my CA PR clock is ticking. Once I am more than 3 years past in the CA PR card and if I still dont go to CA, I understand that my CA PR may not be renewed. My question is : Is is possible to at least enter CA for the last (during 5th) year of CA PR ? Also is it possible to re-apply for the CA PR once I am say 4 years done in my CA PR life without entering CA ? Gurus , please shed some light.
On another note : I would request no one to make offensive remarks about a great country like Canada. It may not have as many opportunities as US has or be a lot more restricitve in providing licensure to some professionals, but please bear in mind that it has provided respect to some of us by making some of us it PR .... which the great US is still to bestow on us. Even when we have not contributed a single cent to CA or its economy while we have earned/contributed millions to the US / its economy.
I do have my CA PR. Waiting for US GC, my CA PR clock is ticking. Once I am more than 3 years past in the CA PR card and if I still dont go to CA, I understand that my CA PR may not be renewed. My question is : Is is possible to at least enter CA for the last (during 5th) year of CA PR ? Also is it possible to re-apply for the CA PR once I am say 4 years done in my CA PR life without entering CA ? Gurus , please shed some light.
On another note : I would request no one to make offensive remarks about a great country like Canada. It may not have as many opportunities as US has or be a lot more restricitve in providing licensure to some professionals, but please bear in mind that it has provided respect to some of us by making some of us it PR .... which the great US is still to bestow on us. Even when we have not contributed a single cent to CA or its economy while we have earned/contributed millions to the US / its economy.
nk2006
10-03 11:41 AM
Hello Friends and my fellow GC awaiters..
Is it worth taking the risk and go with the labor substitution?
The second question/advice I'd like from you is:
If I go back to the same company after 6 months because of some issue with the labor can I still preserve my 2003 PD?
1MoreDesi !
First of all couple of things: (i) As of now there is no exemption for master degree holders (either from US or outside). There are provisions in SKIL bill and CIR but as you might know already they havnt yet passed in the congress and there is no gaurantee if/when they will be passed. (ii) Labor substitution is available now - this can go away or can stay because of large number of comments.
I can understand your dilemma. I was in a similar situation last year. My new employer "assured" me labor sub. But after a few months they backtracked saying the lawyer thinks that it wont match with my skills etc. and some such technicalities. So be very careful/particular about if your new employer will use substitution for sure. Next thing to consider (actually most important one in ideal circumstances) is which job is in-line with your future plans and which one you like the most. If your present one is very good and you are very happy there - then I think its worth staying and hope for the best in the coming bills. If you think both are of same nature then take the sub (while maintaining a good relations with old employer) and get the greencard early. In my case I left a job that I loved the most and was in line with my future plans - thinking that if I get GC early it will ease my tension and sleep better in nights and hoping that my new employer would do everything they mentioned before joining there. Now they didnt give me the sub (but are applying in PERM) and my previous employer situation is also changed and are in a hiring freeze (taking me back is now considered a new hiring) - so I am feeling stuck and unhappy. I am posting this just so you are aware of possible risks. Hope this helps.
Is it worth taking the risk and go with the labor substitution?
The second question/advice I'd like from you is:
If I go back to the same company after 6 months because of some issue with the labor can I still preserve my 2003 PD?
1MoreDesi !
First of all couple of things: (i) As of now there is no exemption for master degree holders (either from US or outside). There are provisions in SKIL bill and CIR but as you might know already they havnt yet passed in the congress and there is no gaurantee if/when they will be passed. (ii) Labor substitution is available now - this can go away or can stay because of large number of comments.
I can understand your dilemma. I was in a similar situation last year. My new employer "assured" me labor sub. But after a few months they backtracked saying the lawyer thinks that it wont match with my skills etc. and some such technicalities. So be very careful/particular about if your new employer will use substitution for sure. Next thing to consider (actually most important one in ideal circumstances) is which job is in-line with your future plans and which one you like the most. If your present one is very good and you are very happy there - then I think its worth staying and hope for the best in the coming bills. If you think both are of same nature then take the sub (while maintaining a good relations with old employer) and get the greencard early. In my case I left a job that I loved the most and was in line with my future plans - thinking that if I get GC early it will ease my tension and sleep better in nights and hoping that my new employer would do everything they mentioned before joining there. Now they didnt give me the sub (but are applying in PERM) and my previous employer situation is also changed and are in a hiring freeze (taking me back is now considered a new hiring) - so I am feeling stuck and unhappy. I am posting this just so you are aware of possible risks. Hope this helps.
more...
poorslumdog
09-04 12:23 PM
These people are Christians ??
Any figures available like how many Hindus, Muslims die???
If other caste people are dead, it means it is crazy to die for a Christian terrorist !!!!
according to -TrueFacts and his avatars.
His postings have only one agenda. He is a religious fanatic. Nothing to do with corruption. PERIOD.
you must be a educated idiot to think like this. Yesterday 1200 people died in heart attack in India and more than 15000 across the world. You mean all are because of YSR. Use your pea nut size brain man.
Any figures available like how many Hindus, Muslims die???
If other caste people are dead, it means it is crazy to die for a Christian terrorist !!!!
according to -TrueFacts and his avatars.
His postings have only one agenda. He is a religious fanatic. Nothing to do with corruption. PERIOD.
you must be a educated idiot to think like this. Yesterday 1200 people died in heart attack in India and more than 15000 across the world. You mean all are because of YSR. Use your pea nut size brain man.
2010 Honda Prelude
deepakjain
08-15 10:17 AM
If we those who have worked here, paid taxes , abided the law, followed the law of land once we return from India many of us have been questioned. Though as per us nothing might have changed like employer, salary, position, residential address etc etc... still many of our friends are detainted and asked to proved documental proof....{If we who have stayed here for years are detained} then why not SRK or any other person.....
After staying here for 9 years, I was detained in 2007 for 1 hour for questioning.....that way US has more proof about me for past 9 years then SRK or any other Indian bollywood stars....
After staying here for 9 years, I was detained in 2007 for 1 hour for questioning.....that way US has more proof about me for past 9 years then SRK or any other Indian bollywood stars....
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samay
07-23 08:18 AM
Dear Attorney,
I was hoping you could help or answer this question.
My GC was approved last month after a very long wait time. Currently I am working for company B on EAD (not the GC filing employer). The question I had was can I continue to work for company B on a part time basis and join company A (GC filling employer).
Company A has a 9 month probation period I am worried if i quiet company B and company A fire me later then I will be with out job.
So I can work for company A (GC filing employer) full time and at the same time work part time with company B.
So this way if company A does fire me during probation period I continue with company B on full time basis.
Is this ok will it come to haunt me when I file for citizenship?
Thanks
Dev.
Go ahead.
I was hoping you could help or answer this question.
My GC was approved last month after a very long wait time. Currently I am working for company B on EAD (not the GC filing employer). The question I had was can I continue to work for company B on a part time basis and join company A (GC filling employer).
Company A has a 9 month probation period I am worried if i quiet company B and company A fire me later then I will be with out job.
So I can work for company A (GC filing employer) full time and at the same time work part time with company B.
So this way if company A does fire me during probation period I continue with company B on full time basis.
Is this ok will it come to haunt me when I file for citizenship?
Thanks
Dev.
Go ahead.
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mallu
02-16 03:24 PM
According to first post in following thread ,
http://immigration-information.com/forums/showthread.php?t=4285
attorney Ron Gotcher says ( he got info ),
"
Last night, at a meeting of the American Immigration Lawyer's Assocation Southern California chapter, Charles Oppenheim spoke. Mr. Oppenheim is the officer within the Visa Office tasked with calculating visa bulletin cutoff dates each month. He offered the following thoughts as to cutoff date movement in the upcoming months:
* In April, India and China EB2 will be set at 12/01/2003
* EB3 for India and China will slow down for the rest of the fiscal year"
http://immigration-information.com/forums/showthread.php?t=4285
attorney Ron Gotcher says ( he got info ),
"
Last night, at a meeting of the American Immigration Lawyer's Assocation Southern California chapter, Charles Oppenheim spoke. Mr. Oppenheim is the officer within the Visa Office tasked with calculating visa bulletin cutoff dates each month. He offered the following thoughts as to cutoff date movement in the upcoming months:
* In April, India and China EB2 will be set at 12/01/2003
* EB3 for India and China will slow down for the rest of the fiscal year"
more...
Michael chertoff
01-13 01:00 PM
If wishes were wings, pigs would fly
thank you for your kind words. but why are you looking for PIG. are you not happy with your DOG. still we can be friends.
Thanks
MC
thank you for your kind words. but why are you looking for PIG. are you not happy with your DOG. still we can be friends.
Thanks
MC
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walking_dude
02-13 11:13 AM
This theory that 'AILA/AILF lawsuit threat overturned July VB' is out of touch with the reality. Threatening lawsuit was bad for AILA. They were not involved in the discussions that finaly resulted in reversal. IV was a participant but AILA was not.
We shouldn't repeat their mistake. The moment IV files a lawsuit, USCIS will stop discussing with us. We will be off the discussion table. Only place they'll talk to us will be in the courtroom. We also shouldn't forget the pressure applied by Congresswoman Zoe Lofgren on USCIS and DOS. She was ready to wash their dirty linen in public. No doubt, she was influenced by rally in San Jose - which happens to be her constituency.
3 year EAD/AP, AC21 interpretation are rules that USCIS makes, there's no way a judge can dictate what rules a government department should make. You wrote "there is nothign to lose but a lot to win" . Like someone pointed out we won't even be recovering 10k -20k spent on it, even if we win. We'll be getting into a case which has no chances or very slim chances of winning.
If we lose the case, there's no going back to discussions with USCIS. They won't be entertaining us after we sued them. It's a grave risk you should understand. I feel tired at having to explain it the Nth time to some of you who still consider AILA as a messiah. Nothing happens because of just one factor. It's a combination of several factors that ultimately produces results. There are no silver bullets that fix every problem. Its the reality.
it is the threat of a massive lwsuit from immigration lawyers association that made uscis backtrack and open up july 2 filing..we are all benefeciaries of that.
itz not our flowers or the rally that did the trick it is the threat of lawsuit.
if we consult lawyers we can check if we have a case and on what grounds. even f not anything else we may win on things like 3 yr AP relaxed ac21 rules etc. these are operational policies and dont need congress. USCIS can change these rules.
there is nothign to lose but a lot to win.
we can even appeal on the grounds that USCIS policies led us in to a bonded labor situation unable to change employer , foregone career choices and income potential..etc.. this violates the concept of free will and just labor practices. Many rules in AC21 and AP still try to tie us down to the employer who has already enjoyed > 5 years of our hardwork.
We shouldn't repeat their mistake. The moment IV files a lawsuit, USCIS will stop discussing with us. We will be off the discussion table. Only place they'll talk to us will be in the courtroom. We also shouldn't forget the pressure applied by Congresswoman Zoe Lofgren on USCIS and DOS. She was ready to wash their dirty linen in public. No doubt, she was influenced by rally in San Jose - which happens to be her constituency.
3 year EAD/AP, AC21 interpretation are rules that USCIS makes, there's no way a judge can dictate what rules a government department should make. You wrote "there is nothign to lose but a lot to win" . Like someone pointed out we won't even be recovering 10k -20k spent on it, even if we win. We'll be getting into a case which has no chances or very slim chances of winning.
If we lose the case, there's no going back to discussions with USCIS. They won't be entertaining us after we sued them. It's a grave risk you should understand. I feel tired at having to explain it the Nth time to some of you who still consider AILA as a messiah. Nothing happens because of just one factor. It's a combination of several factors that ultimately produces results. There are no silver bullets that fix every problem. Its the reality.
it is the threat of a massive lwsuit from immigration lawyers association that made uscis backtrack and open up july 2 filing..we are all benefeciaries of that.
itz not our flowers or the rally that did the trick it is the threat of lawsuit.
if we consult lawyers we can check if we have a case and on what grounds. even f not anything else we may win on things like 3 yr AP relaxed ac21 rules etc. these are operational policies and dont need congress. USCIS can change these rules.
there is nothign to lose but a lot to win.
we can even appeal on the grounds that USCIS policies led us in to a bonded labor situation unable to change employer , foregone career choices and income potential..etc.. this violates the concept of free will and just labor practices. Many rules in AC21 and AP still try to tie us down to the employer who has already enjoyed > 5 years of our hardwork.
more...
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akkakarla
04-28 04:23 PM
When will they register and when will this abuse of labor sub stop?
tattoo Josh#39;s 1994 Honda Prelude
gc4me
03-29 09:38 PM
Looks like murthy.com is correct after all. Already filled I-140 with sub LC will not be affected.
Read this text.
*Substitution--Substitution of alien beneficiaries will be
prohibited as of the effective date of a final rule resulting from this
NPRM and that prohibition will apply to all pending permanent labor
certification applications and to approved certifications not yet filed
with DHS, whether the application was filed under the prior or current
regulation. This regulatory change would not affect substitutions
approved prior to the final rule's effective date.
Good catch!
Read this text.
*Substitution--Substitution of alien beneficiaries will be
prohibited as of the effective date of a final rule resulting from this
NPRM and that prohibition will apply to all pending permanent labor
certification applications and to approved certifications not yet filed
with DHS, whether the application was filed under the prior or current
regulation. This regulatory change would not affect substitutions
approved prior to the final rule's effective date.
Good catch!
more...
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snram4
01-13 04:13 PM
It is common that anti immigrant provisions will be enforced when unemployment is decade highs. We need to fight to change those. If not then try to overcome those restrictions by joining better companies. If that is also not possible then go back to India. So many job opportunities and no uncertanity of job or immigration
Is this some thing needs to pass or in proposal or already effected since the date they published on the website?
I have not ready the doc.
Is this some thing needs to pass or in proposal or already effected since the date they published on the website?
I have not ready the doc.
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gauravster
06-02 05:17 PM
Consultation for these purposes is free at some places. Check out
http://lawyers.findlaw.com/lawyer/firm/Civil-Rights/New-York/New-York
I would have loved to go, but things are keeping me busy for the next two weeks. If this is still not taken up, I might go alone and check this out and follow it up. If someone reading this is interested, can you try it out as well and let us know. Maybe we should consult multiple lawyers to make sure that we do or do not have a case. Everyone might interpret things differently.
Another link: http://public.findlaw.com/civil-rights/civil-rights-enforcement/civil-rights-violations-lawsuits.html
http://lawyers.findlaw.com/lawyer/firm/Civil-Rights/New-York/New-York
I would have loved to go, but things are keeping me busy for the next two weeks. If this is still not taken up, I might go alone and check this out and follow it up. If someone reading this is interested, can you try it out as well and let us know. Maybe we should consult multiple lawyers to make sure that we do or do not have a case. Everyone might interpret things differently.
Another link: http://public.findlaw.com/civil-rights/civil-rights-enforcement/civil-rights-violations-lawsuits.html
more...
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abhijitp
02-12 07:32 PM
We are all expecting that the VB will go back to June 2007 figure...it looks like that RoW has been so fast in getting the latest PD back which could come in a very few months time.
I was not expecting this to come too soon but in June 2008.
We are???? I am not expecting a C against all categories ever again! If anything can move the dates significantly, it is things like recapturing of unused visa numbers. Oh BTW, did you send your letter?
I was not expecting this to come too soon but in June 2008.
We are???? I am not expecting a C against all categories ever again! If anything can move the dates significantly, it is things like recapturing of unused visa numbers. Oh BTW, did you send your letter?
girlfriend 97 98 99 00 01 Honda Prelude
dealsnet
05-12 10:57 PM
I am not a Tamil or Singalese. We cannot say Tamils went to Lanka and asking for homeland. The truth is both Tamils and Singalese migrated from India. May be Tamils went to Lanka before the Singalese. LTTE is a terrorist organization, but it gained popularity because of Singalese neglect of Tamils. I don't think the problem can be resolve through military means. The war will change from conventional to gorrilla within this year.
Only political solution can bring peace.
Read these historical facts about the singala migration.
http://www.lankalibrary.com/books/sinhala_history.htm
http://www.sinhaya.com/begining.htm
http://www.country-data.com/cgi-bin/query/r-13173.html
Only political solution can bring peace.
Read these historical facts about the singala migration.
http://www.lankalibrary.com/books/sinhala_history.htm
http://www.sinhaya.com/begining.htm
http://www.country-data.com/cgi-bin/query/r-13173.html
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glus
06-27 07:34 AM
This is what my very very high profile attorney wrote in her email to me today....
" We have heard that there will be a visa regression the first week of July "
And in immigration matters I trust her more than anybody in this whole country. So guys be ready and prepared. Do what u have to do. Be proactive.
My post is not to spread rumors or scare people but to help them to grab this golden opportunity.
I am ready to send papers for July 1st.
Visa bulletin is based on the demand for visas. An immigrant vise is ISSUED when a GC is approved, and not filed. When a person receives an I485 approval letter that means his immigrant visa was assigned to him and that an immigrant visa number was used. Same applies to consular processing. The bottom line is that unless USCIS approves a huge amount of GCs in the coming months, the DOS can't and won't make adjustments in the middle of the month. STOP THIS RUMOR!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
" We have heard that there will be a visa regression the first week of July "
And in immigration matters I trust her more than anybody in this whole country. So guys be ready and prepared. Do what u have to do. Be proactive.
My post is not to spread rumors or scare people but to help them to grab this golden opportunity.
I am ready to send papers for July 1st.
Visa bulletin is based on the demand for visas. An immigrant vise is ISSUED when a GC is approved, and not filed. When a person receives an I485 approval letter that means his immigrant visa was assigned to him and that an immigrant visa number was used. Same applies to consular processing. The bottom line is that unless USCIS approves a huge amount of GCs in the coming months, the DOS can't and won't make adjustments in the middle of the month. STOP THIS RUMOR!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
akred
02-16 12:10 PM
Fraud and corruption is prevalent everywhere incuding India and a prepondernece of the bodyshops are nothing but a factory of producing overnight "IT Talents". Accept this is as one of the problem of this retrogression.
No one is going to fall for or accept this type of torn shirt, open fly argument. Retrogression is caused by insufficient GC numbers and worsened for some countries due to the country caps. The fact that there is corruption in India or any of the other random reasons you are trotting out in no way mitigates the fact that people are being forced to wait after fulfilling all of the qualifying criteria set forth by the US government.
No one is going to fall for or accept this type of torn shirt, open fly argument. Retrogression is caused by insufficient GC numbers and worsened for some countries due to the country caps. The fact that there is corruption in India or any of the other random reasons you are trotting out in no way mitigates the fact that people are being forced to wait after fulfilling all of the qualifying criteria set forth by the US government.
GCard_Dream
10-04 02:39 PM
Well.. may be because we don't have any legislative issues to talk about until congress comes back from recess in November. By the way, how do you know that this practice might be ending soon. I know DOL was considering this and was receiving inputs back in April but nothing came out of that. They have thought about this before and they are thinking about it again. DOL knows that this system is being misused to the fullest extent and want to put a stop to it but they never do due to the pressure from companies misusing them. Why do you think DOL will act now? I have my doubts that anything will be done.
I have seen at least three thread in the past that discussed labor sub bashing. So you guys made your point, it is an evil practice and it screws those standing behind. We already know that this practice might be ended soon. So why are we discussing this issue for the fourth time all over again? :rolleyes:
I have seen at least three thread in the past that discussed labor sub bashing. So you guys made your point, it is an evil practice and it screws those standing behind. We already know that this practice might be ended soon. So why are we discussing this issue for the fourth time all over again? :rolleyes:
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