Simple Questions to All Users

[bank_king2003]

We see lots of anger and frustration in this GC journey specially when a VB comes out.
lets me ask myself and all of you these questions.

1) Is USCIS or DOS accountable for anything? if they do anything wrong can we do anything?

2) If USCIS post incorrect and bogus numbers of demand do we have a right or anything to challenge them?

3) If USCIS says that they are doing quarterly spillover and don't do that can we do anything legally?

Last year there was a short lived thread on IV talking about Sueing USCIS/DOS for there misdeeds but it died as people pointed out that we cant sue USCIS/DOS.

If the answer to all the above questions are No and we cant even bring USCIS/DOS in the court then we should keep our mouth shut and let it happen whatever is happening?

Thanks,

[gcadream]

In addition to the above questions:

USICS had stopped the movement of EB2/EB3 dates by not allotting visas and on the other hand they had also added too many restrictions on H1 extension [like valid Purchase Order for all visa extension], no matter you have approved I-140. These days they give H1 extn for only that period of time till PO is valid. That means if the PO is valid for 4 monnths one gets H1 extn for 4 months only and if it 6 mths then extension for only 6 months. This means that after 4,6 months one again has to apply for H1/H4 extensions and again pay all those fees.


This really sucks !!
Is the intention of all these laws is to catch fraud or kick out all immigrants from this country ?

[go_guy123]

Originally Posted by gcadream

In addition to the above questions:

USICS had stopped the movement of EB2/EB3 dates by not allotting visas and on the other hand they had also added too many restrictions on H1 extension [like valid Purchase Order for all visa extension], no matter you have approved I-140. These days they give H1 extn for only that period of time till PO is valid. That means if the PO is valid for 4 monnths one gets H1 extn for 4 months only and if it 6 mths then extension for only 6 months. This means that after 4,6 months one again has to apply for H1/H4 extensions and again pay all those fees.


This really sucks !!
Is the intention of all these laws is to catch fraud or kick out all immigrants from this country ?

Yes, to some extent they do want to end the use of H1B for contract related jobs.
Benching, percentage basis etc were not in H1B rules. Now they are trying to crack down on all that. They are trying to make the H1B-body shopper business model un-viable.

[gcadream]

80-90% of H1B visa holders are on contract positions only and that was the sole purpose. Are you trying to say that all these H1B visa holders should take up permanent positions with the clients. One can do this also, no big deal but then who is going to cover the risk of layOff which can happen anytime with these permanent positions.
At least consulting companies do not lay you off and ur GC process doesn't gets screwed up in between and one doesn't gets out of status all of a sudden.

Also there had been some fraud cases by few of the consulting companies, but not all are fraud. Moreover tightening these rules doesn't stops the fraud company's, it stops all the valid consulting companies as well to run the business.

[vin13]

Originally Posted by bank_king2003

We see lots of anger and frustration in this GC journey specially when a VB comes out.
lets me ask myself and all of you these questions.

1) Is USCIS or DOS accountable for anything? if they do anything wrong can we do anything?

2) If USCIS post incorrect and bogus numbers of demand do we have a right or anything to challenge them?

3) If USCIS says that they are doing quarterly spillover and don't do that can we do anything legally?

Last year there was a short lived thread on IV talking about Sueing USCIS/DOS for there misdeeds but it died as people pointed out that we cant sue USCIS/DOS.

If the answer to all the above questions are No and we cant even bring USCIS/DOS in the court then we should keep our mouth shut and let it happen whatever is happening?

Thanks,

Sueing is a tough road.

Here is the tricky part. For example, we all feel the spillover is not happening quarterly. But USCIS/DOS will only give us partial info. They will not tell us how many visas were issued monthly to which category. So we cannot do our calculation to say Quarterly spillover is not happening. Without proof we cannot go to court.

The progress we have seen so far is that DOS is issuing the demand info on a monthly basis. Now we need to persuade them to release the number of visas issued monthy (by category). When we have both these data, we can do our calculations and prove that they are not following the law. Then we can worry about going to senators, congressman, or court.

[Nikith77]

Just Relax, And Enjoy the ride.

[go_guy123]

Originally Posted by gcadream

80-90% of H1B visa holders are on contract positions only and that was the sole purpose. Are you trying to say that all these H1B visa holders should take up permanent positions with the clients. One can do this also, no big deal but then who is going to cover the risk of layOff which can happen anytime with these permanent positions.
At least consulting companies do not lay you off and ur GC process doesn't gets screwed up in between and one doesn't gets out of status all of a sudden.

Also there had been some fraud cases by few of the consulting companies, but not all are fraud. Moreover tightening these rules doesn't stops the fraud company's, it stops all the valid consulting companies as well to run the business.

The H1B rules said that the job should not be temporary or seasonal in nature. It has been flouted over the years and only recently USCIS started crackdown on this clause.

Over the years American companies pretty much used H1B exclusive through a third party so that that they don't appear under the DOL H1B sponsoring company lists.

USCIS is pretty much going back to the original clauses/intent of H1B that were laid out in 1990.