Wednesday, June 29, 2011

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  • gc28262
    01-17 11:10 AM
    Even if it is ok to fight how much resource IV have it to fight multiple issues. Resource means not just money but also time, manpower and effort. Most of the issues can be resolved if EB reform is done as people need not renew H1b as most can get GC within 3 years. Law clearly tells that there should be valid job position for H1b at the time of filing. For consulting bodyshoppers will bring persons here and search for job. That is clearly violation of law.
    But certainly it can be requested to USCIS to change if geneunie persons are impacted. If memorendum is violation of law then USCIS will face lawsuit and you can also do that

    This law was made by snram4 in his backyard ! :cool: No lawyer in US is aware of this.
    There were indians who served British East India company during Indian Independence struggle.





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  • MYGC2008
    09-14 03:50 PM
    Do we know the exact Approved EB2 Labors for INDIA. (Year 2005 means Oct 2004 to Sept 2005). because PERM is introdiced in mid 2005.This is Critical

    Also I have a question: Does Prevailing Wage Level determine the EB Category? (EB2 Prevailing Wage Type = Level II) If this assumption is correct then for 2006 (Oct 1 2005 to Sept 2006) there are 11000 approved EB2 INDIA Labors.





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  • kumarc123
    07-25 12:25 PM
    I agree with vdlrao completely. The horizontal spill over rule essentially gives all EB1/EB2 visa to EB2's. This will make the EB2 cutoff dates leap and bounce forward. For EB3, however, there won't be any spill over data until EB2 become all current.

    In Oppennheimer's reply to Ron Gotcher's question, he mentioned that the horizontal rule was set after he 'had consulation with the congress', so it's very unlikely to have any change to this rule till some legislation changes take place.

    I agree with you 100%, this change was made by Congress in attempt to reduce the backlog.

    Think about it in terms of Congress, it was under a lot of pressure from high skilled workers and from companies like Google and Bill gates who argued for more number of visas. No offense to any EB3 category, but we all know, EB2 are the ones which have earned a higher skilled education from this country.

    (Now please don't start any debates on EB2 or EB3, I didn't make any distinctions and it has no relevance.)

    For Congress to somehow act, they made the change in movement of visa numbers, and geared more towards EB1/EB2, to reduce the backlog among EB2 category. This will eventually lead to roll over of visa numbers from EB2 to EB3.

    Advantage? High skilled workers who have attained a Masters degree from
    U.S., now will see a reduce in backlog.

    This recent change in the flow of visa numbers, acknowledges all these problems. We all know, who ever takes over the next presidential elections, will not issue something right away, it will take a few months.

    This change buys time and greatly reduces the backlog among EB2, eventually for Eb3 as well. The new process makes much more sense and I don't think this change will revert to its original movement (back to vertical flow)





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  • TeddyKoochu
    07-22 12:49 PM
    I had green dots till yesterday, but after posting fun stuff on this thread people gave me red dots..... why is that? This tread has zero value, it is like Santa singh jokes.

    Looks like people are so serious in their life that they cannot understand difference between fun and real stuff...

    This thread was for fun so I posted funny things....pls don't give me red for this

    Thanks Rohan, Iam glad that we clarified the mis-understanding and that I have not lost a good friend due to some confusion. I have not given any red dots for any of your posts rest assured.



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  • poorslumdog
    05-03 01:48 AM
    [QUOTE=blueyonder;338511]

    Dude you are missing his point. He did not call Tamils terrorists. he called LTTE terrorists and that is TRUE in all senses of the word.

    Its not he....Its you...yes, you are the one comng in three different IDs and supporting yourself.:eek:





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  • siddhu98
    08-17 10:12 AM
    EB2 India - PD June 2006
    Currently on H1B and have I797 - I-94 until Oct 2010.
    Visa Stamp Expired June 2006.
    EAD approved for me and wife. My wife is using EAD.
    ---------------------------------------

    Family went to India last year June and returned to US on July 2007 before we applied I485 on Aug 2007.

    Both my wife and son came on H4. Since my son�s passport is expiring Jan 2009, I94 is given only until Jan 2009 at the POE, though he has H4 Visa stamped until OCT 2010.

    Upon arrival we applied I-485 on Aug 2007. Also I131 AP applied for my wife and son on Mar 2008 and approved on Apr 2008.

    Now, I am applying his passport renewal. My questions are,

    1. Since his I94 is expiring Jan 2009, do we need to go out of the country and come back OR validate his I94 here itself.
    2. If he has to go out of the country, can we use H4 visa stamp and get I94 until 2010 or use AP.
    3. If we can validate the I94 here, what is the procedure?


    Thank you for addressing our questions/concerns.



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  • mundada
    12-13 02:00 PM
    I think you have made a great argument. The original intention of diversity quota was to prevent people from certain European countries from becoming a dominant race in the US in 1920s.

    However, the Civil Rights Act that protects national origin came into effect in 1964.

    I am not a lawyer but have been taking business law course. I therefore believe if national origin discrimination is not allowed in the employment then unusually high (5 years) green card delays for certain nationalities is promoting national origin discrimination by detering employers from hiring people born in certain countries.

    I think this argument will fly. I am not sure family based restrictions could be lifted but national origin quota restriction on employment and national origin non-discrimination in employment are definitely contradicting each other.

    FYI:

    TITLE VII of the 1964 CIVIL RIGHTS ACT (1964)
    The protected classes: race, color, sex, religion & national origin. Employers with 15 or more employees. The most well known employment discrimination statute. Prohibits employment discrimination against the protected classes - race, color, sex, religion & national origin – in every aspect of employment, i.e. hiring, firing, promotion, training, working conditions, compensation, etc.



    Hello All,

    First and foremost, i must thank everyone from IV, who is working tirelessly to resolve the issues of retrogression in the GC process. As an affected individual I am very grateful that leaders of IV are ready to contribute so much effort for its goals. And even though I do not actively work for the IV agenda, I have contributed money to some IV action items.

    I have a question/suggestion regarding the IV agenda. On IV's about page, pt number 2 asserts amongst other things,
    The Discriminatory Per-Country Rationing of Green Cards That Exacerbates the Delays.

    and further in the same point

    We do not allow employers to discriminate hiring based on their nationality or country of origin. Therefore, the employment-based immigration, which is a derivative benefit of employment, should also be free from rationing based on nationality or country of birth.

    I am curious to know what is the "legal" strength of these assertions is. Are they just "moral" statements or can the validity of these statements be tested in the legal framework of this country? In other words, my question is what is the constitutionality of the "Per Country Caps" in Employment / Family Based Immrigration procedures.
    A lot of Laws and Statutes have been challenged in the Judicial System of USA. And many more are challenged every year. And if the laws are not constitutional then they can be repealed.

    I am sure the leaders of IV must have thought about this argument however a quick search of the forums with 'constitutionality' as the search term did not return any results.

    IV's efforts to utilize Lobbying to bring about change to alleviate/eliminate retrogression are certainly beneficial. However, if IV has not already considered and eliminated this legal argument, then it should explore whether there is any substance to this approach.

    Hence this post. Below are some of the links that might be relevant.

    wikipedia article on constitutionality (http://en.wikipedia.org/wiki/Constitutionality)
    wikipedia category on US immigration case law (http://en.wikipedia.org/wiki/Category:United_States_immigration_and_naturalizat ion_case_law)

    thanks and sincerely,

    --soljabhai





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  • FinalGC
    07-22 02:14 PM
    My experience with amway - Very close friend of mine joined amway once he came to US, and within a few weeks, tried it on me. And at the end, he branded me as closed minded person when I said no many times. Forgot the 4 year friendship and never called me for the past 7 years. Oh well, my wife keeps telling me, those who don't understand us cannot be good friends. And after seven years, I agree...

    Dude:

    I had a similar experience. One of my closest friends helped me come to US. We both were in school doing our MBA and there we both attended this new intriguing seminar to do business. Amazingly I stopped and he went on with it, unfortunately all I can say is I lost my good friend to Amway.

    He asked me why i was not interested, i said the complete motive of this business is to make money and nothing else, which I have a difficulty in doing. Yes, I want to work to make money and take joy in my work , but not just work for money....

    He became angry with me, after that and ever since never connected back. Recently he connected with me on Facebook, but that too looked like a cold contact......Yes it is true you loose friends through Amway.



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  • sachug22
    09-14 02:52 PM
    I was among the very first to predict forward movement of EB2 (8 months back when most of the information available suggested no movement). Looking at September approvals i will see there will be very few cases pending from 2002-2004 for EB2 (those pending will be cleared in next few months since PD will stay current).

    My estimate is that

    EB2-India pending applications with PD older than Dec-2004 no more than 2000.
    EB2 India had used 8000-10000 visa in 2009 (5000-7000 in Sept 2009 alone). It will not surprise me if this number is as high as 11-13K.
    EB2-India all pending I-485 applications (till July 2007) is around 30000 (as of 1st Oct 2009) * see latter post on how.


    Holding following assumptions we will see more forward movement in coming months and whole of 2010 fiscal year.

    Slow improvement in economy (fewer new applications from EB2-ROW and EB1)
    PERM applications stay stuck (as they are very few approvals in last 12 months)
    CIS is force to allocate visa every quarter (leading to large spill-over)
    Fewer EB3 to EB2 porting


    CIS has prudently processed most old cases (pending for name-checks) and also pre-adjucated most cases filled in 2007-2008. So if they have visa numbers pending we should see big movment in Dec 2009 Visa Bulletin. This movement could cover all EB2-I 2005 cases in next two quarters (by March 2010). How explained below

    EB2 gets 10K visa each quarter (28.6% of 140,000 divide by 4)
    EB1 gets 10K visa each quarter (28.6% of 140,000 divide by 4)

    Assuming 3k spillover from (EB1/EB4/EB5 to EB2) => EB2 will get 13K visa
    EB2 ROW uses 7K (700 India, 700 China, +5k others) - there are 6K visa to allocated by Dec 2009 and 12K by March 2010 which will be given to EB2-India.

    BEC LCA applicants in 2005 estimate (EB2 India) = 2000 => 4400
    EB2-India PERM applicants in 2005 (thanks TempGC) -> 5311 LCA (Around 1300 got approved in aug/sept 2008)= 4000 LCA => 8800 GC

    Total pending I-485 in 2005 (EB2 India) ~ 13000

    This would mean PD will cross 2005 in next 2 quarters. I have pesimetic estimates so it will not surprise me it the dates move more rapidly.

    The analysis is very optimistic and does not account for

    Duplicates (multiple I-485 for same person)
    Discarded Labor (many people just discard the perm since they switch jobs or did not want to do GC)
    Upgrades (people had EB2 perm but got GC in EB1 category)
    Cross-chargeability (with spouse of PERM hold birth from non retrogressed country)
    Denied I-140/I-485 after PERM approval


    If these makeup 10-20% applications then dates should move faster.





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  • PlainSpeak
    01-14 12:19 PM
    Woman period yes. Man period no.

    You man or woman or nether?
    Ahhhhh lookeee here. Someone has finally got a grip on biology
    Whosssssss a good boy whoooose a good boyyy !!!!



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  • sanjay
    03-27 12:01 PM
    One idiot without giving him name in comments started abusing in Hindi language.
    Dude when you have guts to put comments then put your name in it. So that I know who has issues with my comments to thread.

    And just don't give red " just for the sake of giving it make you feel happy ".





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  • krish2005
    01-16 05:16 PM
    Please read this article.

    The Insightful Immigration Blog – Commentaries on Immigration Policy, Cases and Trends: NEW USCIS MEMO ON EMPLOYER-EMPLOYEE RELATIONSHIP FOR H-1B PETITIONS: IS IT A WAY TO KEEP CERTAIN WORKERS OUT? (http://cyrusmehta.blogspot.com/2010/01/new-uscis-memo-on-employer-employee.html)

    I feel IV can join hands with AILA on this to help us in this situation.

    Any new renewals or new H1 filings are bound to be denied unless its a direct employer vs employee relationship. Third party placement indications are bound to be targeted for denial!

    We are literaly doomed. Given the slugglishness of the GC process this is bound to cripple us down.

    I am feeling sad for those H1B guys who were deported out of Newark thanks to these crooked laws. The laws may be right in their perspective, but they do not understand the havoc it would have created in the lives of those who felt the impact.

    I wish and pray for the good of all and those GC/H1B aspirants during these troubled times now and up ahead.



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  • hibhagya
    07-03 05:58 PM
    I guess we need to communicate our voices to all senators across united states. we need to spread the word at the earliest to get a quick action on this from governament.
    I Guess some one should compose and message ,consolidate all web faxes and phone numbers at one place just like how we did it for CIR bill.

    It will be easy for members to send information easily.

    If each senator recieves more than 10,000 emails or faxes or phone calls then we can hope there is a chance to file 485 this month or at the earliest in October.





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  • pappu
    06-26 01:34 PM
    Yeah well. I also heard the rumour that in the next month july bulletin USCIS is going to move the dates forward from Current to Current+2 months = September 2007. This will allow everyone to get greencards in advance and then after they get their greencards they can apply for Labor, I140 and whatever.... :)

    Please stop spreading rumours.



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  • angelfire76
    01-14 02:12 PM
    The memo is not very clear with respect to the employer-employee relationship. Most of the IT companies nowadays have moved to the contract model (e.g. IBM makes more money out of contract implementation of its own products or project implementation of other products, than from the sale and licensing of its products).

    An argument can be made with the direct contract vs second-n level of contracts, but the memo is very generic and open to interpretation by an adjudicating officer (has anybody seen the minimum qualification required to get a job at USCIS as a case officer: its high school diploma).

    An out-of-touch bureaucracy trying to tell corporates how to run their business is laughable at best. Of course I'm all for reducing and eliminating these middle-men, but by doing so the door's wide open for the mass offshoring of jobs.

    The clause is still confusing: Infosys, CTS etc. also follow the "staffing" model as they don't really have in-house products that they implement at the client site. But you don't see their H-1Bs being denied. On the contrary USCIS is being very generous with the EB-1 GCs for the employees of these companies.





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  • gimmeacard
    07-21 04:24 PM
    Did it for 4 years and quit in 2007... lost 20K and 95% of my friends...

    Quixtar is not bad but the people running sub-businesses (such as BWW etc) by pushing tapes and books on you make it HELL

    Stay Away unless you are willing to lose a lot to gain a few!!

    PEACE

    i am not convinced u lost 20k in it? my roommate was a quikster guy, he never forced anyone., he would receive all this Junk stuff to sell, after 1 year he said enough and stopped, i dont think its madatory to buy stuff, its all about the new member add and comissions with it that prompts them to catch new desis.

    For good sake desis, dont get your wifes and Kids involved in it, i ,met a desi in Target and asked him, dont u feel annoyed getting turned down with rude behaviours, ( he was with wife trying to get me to buy)

    he said NO? WHY? after all its all about Money? hear it



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  • angelfire76
    01-14 02:12 PM
    The memo is not very clear with respect to the employer-employee relationship. Most of the IT companies nowadays have moved to the contract model (e.g. IBM makes more money out of contract implementation of its own products or project implementation of other products, than from the sale and licensing of its products).

    An argument can be made with the direct contract vs second-n level of contracts, but the memo is very generic and open to interpretation by an adjudicating officer (has anybody seen the minimum qualification required to get a job at USCIS as a case officer: its high school diploma).

    An out-of-touch bureaucracy trying to tell corporates how to run their business is laughable at best. Of course I'm all for reducing and eliminating these middle-men, but by doing so the door's wide open for the mass offshoring of jobs.

    The clause is still confusing: Infosys, CTS etc. also follow the "staffing" model as they don't really have in-house products that they implement at the client site. But you don't see their H-1Bs being denied. On the contrary USCIS is being very generous with the EB-1 GCs for the employees of these companies.





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  • unseenguy
    04-01 02:28 AM
    Left parties are the worst no doubt about that. Have you gone through the BJP manifesto, its IT vision document and also have you heard about Friends of BJP forums started by Indian businessmen. Yes, Advani runs his politics on religion and Ram temple. Do you think congress does not use religion? Do you hear the news that in Kerala congress has fielded candidates supported by church? Tomorrow if Sri Sri Ravi Shankar or Ramdev baba do the same thing with BJP, our media will shout from the roof top that this is communalism. Do you know Congress is allied with Muslim League in Kerala?

    Snathan, all parties use the dirty tricks. Congress, BJP, Communists. But I will always support the party which builds Ram Temple rather than the party which destroys Ram Setu and even denies the existence of Ram.

    I agree and how can we forget the reservation for OBC by congress. Persecution of sikhs after the murder of Indira Gandhi. That time congress was doing right thing it seems and they were not merchants of death of the time. Is it?

    That is not communalism but if someone says injustice is being done to Hindus or brahmins, that is communalism.





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  • Macaca
    06-26 09:39 PM
    I think they will retrogress after using next year's quota that opens up in Oct (??).

    They want to collect all applications since workload estimation is a huge problem with USCIS, DOL, FBI, ...





    bestia
    02-16 02:32 PM
    dear Bestia, I don't recall anyone calling the situation you described racism. I for one said it's human nature's favorism and, like it or not, it does jeopordize diversity, so you will have a hard time convincing US to let go something it wants for the sake of something else just because it's better for you.

    ...

    I still fail to see how country caps on Employment Based immigration serve the purpose of diversity. Look, people from India/China with H1B visas and pending AOS applications are already here, right? They are here and will be here regardless of whether they get GCs now or after 10 years. Many of them bought houses, have families, American born kids. How making them wait for years is gonna serve the purpose of diversity? You think if an Indian guy will be using AC21/EAD for years, going to finger printing every year, going through secondary security check on airports, in time he is gonna evolve into something less Indian? It's gonna be the same people but with different documents in their pockets.

    For diversity purposes there is lottery, and the purpose of that lottery is exactly that - the diversity. Also, if the government wants diversity, they should have immigration program like Canada has. Where people are issued permanent residency BEFORE coming to the country and spending years working for that country.





    andy garcia
    02-15 12:27 PM
    when did you check?

    I checked 10 min. ago it looks COOL;)