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  • wellwishergc
    07-03 04:32 PM
    I would suggest getting the congressmen/senators' attention on this issue. If not a short-term benefit, this issue may give us mileage to get a legal-immigration based bill rolling this year.

    Here is one more to digg

    http://digg.com/politics/Rep_Lofgren_Issues_Statement_on_Updated_Visa_Bulle tin





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  • bayarea07
    07-22 12:18 AM
    Here is the response i see in Greg Siskind Blog
    -----------------------------------------------------
    Hi Ash - Hard to say. Clearly, the jump in EB-2 numbers this month was meant to try and ensure that the maximum visa numbers get used this fiscal year. If USCIS is still far off from using the numbers, then I could see the dates going current. Then, of course, you have new numbers available for October so the dates may move forward anyway.





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  • unseenguy
    08-16 06:04 PM
    Even if he is detained for sixty hours how its matter for GOI. Are they coming to rescue if you or me detained for 2 hrs...why only for SRK..?

    Timing is not in question, the poster's intent or conclusion is biased is all I am saying. I am just saying its profiling and we should make noise as it is unacceptable,





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  • vdlrao
    07-22 02:12 PM
    See, we need to understand, life is a Lottery. No place for Logic. USCIS LOVES lottery...after diversity visa lottery, they are also doing LOTTERY for H1 now, and one day if they like the idea of doing LOTTERY, for EB cases, they might throw away this all mambo jambo of EB1,2,3/PD/RD/ROW/IN/CH...and JUST DO THE LOTTERY!! After this post, I will go buy a Californial Lotto...;)

    kondur_007, u know how to make us laughing in a stiuation like this. your post at the end makes me keep laughing.:D



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  • nixstor
    07-03 09:24 PM
    I am trying an outline for sending to media + lawmakers + ...

    The following is a very rough draft without reading some of the letters posted in the thread. I will read the posts tomorrow and polish it by tomorrow evening. I will need everyone's input since I don't know all the issues.

    What happened

    USCIS announced at the time the forms were due.
    Applicants started filling forms 2-3 weeks before July 2.
    Applicants changed their schedules to submit forms.


    Advantages of EAD + AP
    Don't know all!

    Travel without visa -> saves Embassy overhead.
    Spouse can work.
    Can switch job.

    Why does it hurt

    Medical will not be valid after 1 year.
    Fees more then doubling
    Name checking (which can take 1+ year) done in parallel with waiting for GC #.
    Load balancing for USCIS.
    USCIS which is supported 90% by application fee needs to care for applicants.
    Very little chance of legislative relief for a looong time.


    Excellent,

    I am planning to come up with a format for calling key senators and congress men on Thursday morning. Lets do this. Mean while please keep digging and blogging.





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  • chiragmodi
    09-28 07:18 PM
    Is it mendetory to file AC21 if your job title and duties are identical in your new job???

    Thanks.



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  • ashutrip
    06-26 01:57 PM
    out of context...but do u think dates will be current in august and sept...
    My labor in Atlanta....dont see it getting certified B4 August:( :(





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  • lordoftherings
    07-11 06:16 PM
    Guys.. can one of you please suggest a good Canadian PR processing company? I keep getting mails from cr@protechimmigration.com. Is Protech good?

    Would really appreciate a reply.

    Maple International is very good if you are in the west



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  • vdesi
    01-05 02:09 PM
    This is a good idea but it won't help the housing crisis or the economy. It may not be viewed as fair to change the quota simply for those with money to pay a "fee." However, buying a home can put a floor under the housing prices and support the economy.

    Premium processing is the word, taught by USCIS.





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  • venetian
    05-17 12:27 AM
    Your statement completely misleads and not true.

    SL Tamils are not immigrants but are the native sons of northern part of the present geographical area known as Sri Lanka. Before Europeans came more than 500 years ago to Sri Lanka, SL Tamils had their own kingdom but when finally British left, they left the Tamils land and fate with the hands of the narrow minded majority, who started to discriminate ingenious Tamils left and right.

    Of course as you said, there are Indian Tamils in Sri Lanka who were taken by British to work in the tea plantations. Besides, Muslims in Sri Lanka also speak Tamil but they don’t usually associate racially with Tamils and maintain separate identity

    Current issue in Sri Lanka is between native Tamils and Sinhalese. Indian Tamils factor very minimal in this conflict.

    Please do some research before putting things in historical puerspective.


    We all have heard about great war of Kalinga in Which Samart Ashoka's army killed almost 2 hundred thosand people in a very short span of time. At the time thosands of people fled from Patliputra to current Odissa and many from that lot kept on pushing them till they found their last destination which is Sri Lanka. Decendents of these people today call them Sinhaleese. In the last 2 centuray British colonized Sri Lanka like India and ruled it. British take tamils to sri lanka for labor. Thus the ancestors of present day Sri Lankan's tamils have fairly recently migrated to Sri Lanka.



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  • desi3933
    06-16 04:33 PM
    Where did you get that 80k number? You think 80k is good salary for that job, someone else may say 65k, I may say 90k. The salary, among other things, is determined by market forces. If you can't find enough people with xyz then company will be forced to offer more.

    As long as there are people who are ready to work on salary 52k (example), employer will not pay 70k. As long as employer is following all the legal requirements, no one can dictate salary for the job.

    I agree that the employer will pay the salary that is consummate with the market. No well meaning employer will undercut to save a few pennies at the risk of losing out on quality.
    What if the market pay scales are distorted through pervasive fraud ? If you look at it from an employer's view, it gets murkier. Believe it or not, low cost always signal lower quality. Trust me this is marketing 101. Google low cost and the perceptive signals. It is truly tough for the employer to trust the low cost employee's skillset.

    Now the distortion comes into play when outsourcing companies flout rules and undercut the market through pervasive fraud. Like other industries such as manufacturing/agriculture etc, IT wages are destined to decline but not at this rate. The acceleration in the decline of wages is perpetuated by these scum outsourcing companies. If the decline in wages were let to decline at the speed of market, then it gives talented people time to upgrade skills or move to other industries without having to sacrifice quality of living. So per your argument, yes the end employer is following the rules by employing people from the outsourcing company because the employer does not know or looks the other way of the outsourcing company committing pervasive fraud. Oh BTW that 80K number was just to highlight that the L1s should be paid high too. It was not based on any scientific or statistical evidence.

    >> I agree that the employer will pay the salary that is consummate with the market.
    I am glad we are on the same page on this. It is employer who decides how much to pay. Employee decides whether to take the offer or not. Simple.

    >> Now the distortion comes into play when outsourcing companies flout rules and undercut the market through pervasive fraud.
    Well, you can report the fraudulent activity. If one is wronged, he/she has option of legal route and claiming punitive damages.

    >> The acceleration in the decline of wages is perpetuated by these scum outsourcing companies. If the decline in wages were let to decline at the speed of market, then it gives talented people time to upgrade skills or move to other industries without having to sacrifice quality of living.
    If my employer pays me less salary, I have option to move to another job. Just like my employer has option to fire me and replace with another qualified worker. Again, unless otherwise, I assume all actions are legal. I don't know about you, but when I came to USA, nobody give me assurance or guarantee that this job is future will pay me at least xx k per year so as to maintain quality of life. Here, two person of equal talent, could be earning 60k and 120k per year. It depends on your skill set, how do you sell yourself, and luck. An example - I have backgound both in Comp Science and Finance, so I look for opportunities where I can use both of them for effective leverage. If you think that I didn't face outsourcing challage or was not given pink slip, then you are wrong. As most professionals, I have seen good days and not-so-good days.

    >> Oh BTW that 80K number was just to highlight that the L1s should be paid high too.
    With your admission, it is employer's choice on how much to pay. As long as law is followed, you or I can NOT decide on anyone else's salary.

    >> For the most part it is if it were left to market forces. Employers, rationally, would only want as much as talent for the price they pay. Most importantly, employers would be willing to go the extra mile to sponsor green cards only if they perceive that the immigrant employee would add value both in the present and the future.
    Bad things do happen. Projects get cancelled as Customer is no longer interested. Employer wants to move from Chicago to Dallas, that may prompt employee to look elsewhere. Some employers do not process green card at all (It happened to me, a Big Bank was not processing Green Cards in 1999). You assume all good and rosy will happen to guenine employers and good employees.

    >> Now again, when I say employers, I mean the genuine employers and not the fly by night consulting body shops or the outsourcing companies.
    Just as some employers with permanent positions are not good, there are some employers in Consulting and Outsourcing world that may be good. Let USCIS and other agencies determine who are genuine employers or not.

    >> I strongly believe that EB based GC for a very large part is built on merit. You may see sme cases wherein some ordinary people getting green cards. They, in my opinion , are mostly from these body shops who got "lucky". Cant believe I am using that word !!!
    No sir. It is employer-employment based. If you don't have employer to back your I-140, how will get green card. Do you know there is a category - Eb3 skilled worker, where benefiery does not even need bachelor degree. What do you think, those people are "lucky". If so, please take your arguement to Senators and USCIS to restict GC for "merit based" only. Until then, as long as one is getting green card, as per current law, (again as per current law), who are we to complain?

    GC is not IIT-JEE exam where there is only one classification. Clear the exam and get the admission. There are varoius categories from EB-1 (Rocket Scientist) to EB-4 (Priest). This is not one-size-fits-all.

    We need to look at issues faced by EB based community from a distance and without the glasses of issues faced personally by us. Until then, it is fight that one is more deserving than the other.



    .





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  • samay
    07-15 05:36 PM
    I have a general question on an option in case of I-485 denial. I know that if underlying I-140 gets denied, I-485 is also denied. My question : is the vice versa true. ? If I-485 gets denied, will I-140 also gets denied.?

    If I-485 is denied (AC21 issue for example), can an applicant choose Consular processing on existing I-140, assuming that it is not revoked? Just like if COS is not granted, applicant leaves country and goes to consulate for stamping ?

    I do not know the specific facts of your case but the denial of I-485 can be appealed successfully. Therefore if your I-485 gets denied your underlying I-140 does not get denied.



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  • tikka
    07-03 09:19 PM
    http://www.forbes.com/feeds/ap/2007/07/02/ap3879453.html

    Legal immigrants hoping to be first in line for employer-sponsored green cards lost time and money when the government suddenly announced Monday that no new applications would be taken until the fall, a lawyers group said.

    Tens of thousands of people who work in the United States under employment visas and their families were affected by the change, said Crystal Williams, associate director for programs at the American Immigration Lawyers Association.

    "There are people who flew to the United States so they could apply and had their families fly back. They paid attorney fees," Williams said.

    The State Department announced last month that employment visa numbers were available for all people seeking employer-sponsored green cards, except unskilled workers. It sometimes takes years for applicants to get those numbers.

    The announcement meant that as early as Monday, Citizenship and Immigration Services would begin accepting applications. The applications are hefty, requiring medical exams, a lot of documentation and the applicant's presence in the United States.

    But an update on the State Department Web site posted Monday said 60,000 such numbers were no longer available because of "the sudden backlog reduction efforts by Citizenship and Immigration Services offices during the past month."

    The department called the backlog reduction an "unexpected action" and said employment visa numbers would be available again Oct. 1.

    The State Department has been flooded with passport applications since new rules went into effect in January requiring passports for air travelers returning from the same destinations. The resulting backlog has caused delays of up to three months for passports and ruined or delayed the travel plans of thousands of people.

    A spokesman at the State Department declined to comment.

    Williams said several workers within Citizenship and Immigration Services told her and other lawyers that the agency had staffers working through the weekend to resolve pending cases. She said several lawyers reported getting phone calls from the agency with questions about applications when normally that happens by mail.

    Chris Rhatigan, spokeswoman for Citizenship and Immigration Services, denied the weekend work occurred or that there was a push to use up the visa numbers. She said the agency had pending cases from previous months.

    The fee to apply for a green card increases July 30 from $395 to $1,010, including a fingerprinting fee.





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  • gc28262
    01-13 07:20 PM
    Here is why this memo has come up

    MurthyDotCom : Senator Grassley and USCIS Response on H1B Fraud & Related Issues (http://www.murthy.com/news/n_grassl.html) Dated Dec 11 2009

    The Senator's letter voices concerns that, in the year since that report, the USCIS has not issued guidance to adjudicators as to the specific evidence they are to gather from H1B petitioners to address the fraud / compliance concerns. The letter specifically focuses on employers (consulting companies) that place their workers at third-party worksites, and suggests that it is necessary to provide copies of relevant contracts to establish that there is work to be performed immediately upon the arrival of these workers, and to establish that the work is at the locations specified in the labor condition applications (LCAs) that underlie these cases.

    Further Guidance for USCIS Adjudicators is Coming
    Further guidance for adjudicators is forthcoming from the USCIS. It will lay out appropriate types of evidence to be requested when an H1B petition does not have complete documentation of the specific work assignment to be performed by the H1B worker. This guidance will be aimed at assisting the adjudicator in identifying cases in which proper employment exists. Speculative employment, when an employer's plan is to attempt placing an individual in an assignment at a later date, is not acceptable. The guidance will also give instructions on requesting proof that the employer has been paying the required wage, and otherwise complying with the H1B program. Included in this will be instructions regarding the requirement to file an amended H1B petition where there is a material change in employment.

    Of course these are just appetizers for H1B holders on Senator Grassley's menu.
    Guess who is advising these lawmakers on H1B reform. Anti-immigrants themselves.



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  • carpediem
    05-29 12:01 AM
    That's really tough! I don't think I can keep the same job profile for 10 years. Neither can I form a start-up and have it sponsor my GC application.

    The only hope might be to become a multinational executive really fast, or win the lottery and invest a million dollars in the US. :)

    Guys I think it's time to go home, Swades style!





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  • sk2006
    08-15 04:00 PM
    Your argument sounds like "Yes we do harass our own people here. So there is nothing wrong in harassing other country people"

    Not at all. That is not the point.
    Point is, they have some rules and security setup(You can argue whether it is flawless or not!) and it applies equally to all. No matter who he is.

    This is really good.

    In India Cops will not dare touch a celebritiy or a politican or Son of a big guy.
    Here if they pull over somebody and it comes out be a celebrity, he/she would still get a ticket. While in India, Cop will salute him/her, probably take an autograph for his kids, appologize to the celebrity for the inconvenience and let him/her go. That is the difference.



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  • coopheal
    10-10 07:16 AM
    I agree, the notion of fix our problem so that we housing problem is not a good approach.
    Our situation is grave enough that it needs a focus on its own. Our efforts should be to bring this on fore front of the issues being discussed in congress and in public media.

    While it is a good idea to educate the congress regarding the impact the EB Green Card applicants could have on the Housing Market. It is a terrible idea to propose a legislation which would offer GCs to applicants who would purchases houses in US. To put it bluntly, the legislation seems to be meant for selling GCs to applicants who are in a position to afford it, offering GC to applicants who will invest in housing market is akin to giving out GCs for cash and there is already a category for that. How would one factor in the CP applicants like nurses and PT who are waiting in their home countries?
    The idea should be modified to spread the message regarding the positive impact that the EB GC applicants could have on the housing market and not to create a niche category of EB applicants who can purchase their GC to scoot ahead of other less fortunate ones. This proposal should be nipped in the bud before some anti immigrant group or advocate like Lou gets wind of it.





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  • Alabaman
    08-03 06:19 PM
    Pardon my ignorance, how does labor substitution work and what is FIFO?





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  • lahiribaba
    06-18 01:44 AM
    if you are doing a desk job and you beleive that it cannot be outsourced you are kidding yourself.. it is only a matter of time. With Cisco telepresence soon they would be able to even have the person sitting in bangalore occupy a cube down the aisle in a office in manhattan.





    Lasantha
    02-12 02:21 PM
    Yes, I wonder too. The new memo with the 180 day rule for FBI name check may create a considerable demand for visa numbers and could slow things down.

    If the current EB3-ROW move is any indication one can rely on, I think you will be current in next month's bulletin. I bet you can't wait.

    I wonder what kind of move we might see for eb3 -row next month.





    EB-VoiceImmigration
    01-15 03:22 AM
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