Monday, July 4, 2011

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  • waitingmygc
    01-14 02:30 PM
    By remembering July, 2007 fiasco, I see an opportunity to build a lobby here in favor of legal immigrants (H1B, waiting for GC etc.)which will help all.

    Act now, by mailing and talking to your employer about this memorandum if working with consulting company (doesn�t matter working with direct client or not, has EAD or not, GC priority is close or far) because employer is worst affected, they will of course will engage the attorneys. Attorneys are also affected with memorandum. This will help to build a big lobby here (remember July, 2007 fiasco) . Then, joining of IV members will help in result of BIG BIG BIG lobby.





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  • lazycis
    02-15 11:22 AM
    I set up a yahoo group to discuss the issue. To subscribe, send an e-mail to
    visa-recapture-subscribe@yahoogroups.com
    Please include your IV alias when you confirm your subscribe request.

    Also, just wanted to clarify that I will not be able to spearhead the issue. I will contribute as I can: financially, doing legal research, reviewing briefs and generating ideas. But I do not have a lot of time to dedicate to this initiative. I also think it should be somebody who is affected by retrogression. People should be willing to change their situation, otherwise I do not see the reason to help them.





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  • Rohan99
    07-22 11:55 AM
    Smile - I can prove this is a relevant topic ..how..

    Some of these jokers (Quikstar..Amway) have filed GC in EB2 and Eb3 which is illegal, someday states Like Arizona will declare that anyone looking like us should be checked for Amway membership and deported

    Profiling is an issue and because of some jokers we all may have to go thru scrutiny.

    We should ask USCIS to check all GC applicants name in Amway database and if found USCIS needs to send them to Mexico (because illegal)..

    We should write to senators... your opinion on this? ( this way Indiancommunity can be clean and fight for legal hardworking people in immigration policy)



    Please for GOD SAKE understand that this is an immigration Portal.
    Not a fish market where we can discuss the prices of item at different stores.

    Please stop this Admin





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  • life99f
    06-27 12:25 PM
    I just asked my attorney this morning. She thinks it is possible. She got a
    note reagrading the EB-3 category two weeks ago...

    ===>EB-3 Other Worker Visa Availability Update posted Jun. 15, 2007

    USCIS has informed AILA Liaison that the State Dept. has advised that the EB
    -3 Other Worker category has been exhausted. USCIS HQ has informed the TSC
    and the NSC to reject EB-3 Other Worker adjustment applications even though
    the June Visa Bulletin shows visa availability. AILA believes this
    instruction is contrary to 8 CFR 245.1(g)(1) and has raised the issue with
    USCIS HQ. Watch InfoNet for further developments.



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  • sats123
    01-10 10:04 PM
    Fu&^*& desi companies are still advertising for pre approved labor, here is what I got from a desi company. Looks like this labor is cleared from Backlog, they take advantage of this and make money. Its fu$%%$ jackpot for these kind of companies.

    Education: BE in Computer Science, Software Engineering or a related
    degree

    1) Skills Oracle, Oracle Database, Developer 2000,HTML.TOAD and Window
    NT


    2) Visual Basis, MS SQL Server, ARS Language, HTML Java Script, ASP,
    Crystal Reports., Help Desk application web interface of help desk.
    Send your Resume along with your Contact #.





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  • at0474
    12-14 05:41 PM
    What if only few countries ONLY can supply the required skilled labor sufficiently and no other countries countries can?

    Then the numbers get distributed among those few countries that produces required skilled labor. To some extent, I thought this is already happening!!:rolleyes:



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  • hydboy77
    09-23 06:13 PM
    The only missing information to give an almost 90% accurate prediction of the visa bulletin movement are
    1. Will DOS do spillover every quarter or only once every year?
    2. What would be the number of eb2 and eb1 visa demand from ROW from October 2009 to September 2010?

    the answer to question 2 can be obtained by getting the number of pending PERM Eb2 petitions with DOL, if we get the answer to question 1 from DOS then we can predict the visa bulletin with almost 90% + accuracy.

    I don’t think DOS will do a quarter spillover. If DOS does not do a quarter spillover then it will disastrous for EB2 India because if DOL releases a ton of pending EB2 ROW perm applications they have been holding up for over an year in June-July-august 2010 time then DOS might not do a spillover at all for Eb2 India.


    Thanks Sachug22.

    Dec 2009 Visa Bulletin & Jan 2010 Visa Bulletin should give us clear picture about EB2 - I forward movement (if USCIS does spill over every Quarter this fiscal year - Most likely I expect the spill over to occur every Quarter this fiscal year).

    Other important indicator would be the spillover received by Eb2 - I till Sep 2009. If spillover is more(clearing majority of 2004 - Jan 2005 cases) that would be the best case scenario.

    Overall things look very positive.





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  • lazycis
    02-16 08:36 AM
    Using bold letters and big font ain't make it so. I agree that the situation is bad but there is not point in taking unjustifiable pity on yourself. Are you being physically stopped from moving to a different state/country/city? If not, then it is not slavery.

    This the era of high-information availability, and there is enough information available on some of the employers and so called "consultants" on how they treat their employees.

    Right on the money. Nobody forced us to come here and nobody prevents us from going home. Forget about slavery and discrimination. We have enough grounds for lawsuit without them.



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  • NolaIndian32
    10-29 05:09 PM
    This makes sense, exempt those who can buy a house or continue to own a house from the current VISA bulletin. Is this feasible, who knows!?!

    Giving GC's for buying home seems toomuch biased and benefits only a subset of EB, and totally shifts the basis of the EB category.

    On the other hand, if their visas can be exempted from the visa numbers(annual quota), but still tied to the visa dates being current for their priority dates, this will benefit the entire community and law makers can justify the approach without stiff oppositions, if any. To me this feels lot more reasonable and everyone(EB applicants) will evenly benefit from this.

    Almost 20-30% of the Eb appl. from 2001-2005 should be already in a position to buy or bought a home. That should help dates move faster for older dates.

    Just a thought. But this alone will NOT resolve all our issues and backlogs. Just speedsup the date movement in a steadily manner.





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  • muni_k
    07-08 06:44 PM
    I am in the 6th year of my H1b.expires end august 2008.I have applied for I-140 in may of 2008 after my labor got audited and finally approved in may2008.My labor application was in sept 2008.I can probably recapture the time spent outside the country to take it past 1 year of labor certificate application(in order to apply for H1b extension).can i avail of premium processing for my i140 to get a possible 3 year extension or not.to me it seems not given that as per USCIS website :

    USCIS is limiting Premium Processing Service for Form I-140 petitions that are filed on behalf of aliens:

    Whose sixth year will end within 60 days;
    Who are only eligible for a further extension of H-1B nonimmigrant status under section 104(c) of the American Competitiveness in the Twenty-first Century Act of 2000 (AC21); and
    Who are ineligible to extend their H-1B status under section 106(a) of AC21.
    Section 104(c) of AC21 permits applicants to extend their stay in H-1B nonimmigrant status in increments of up to three years, provided they are the beneficiary of an approved Form I-140 and an immigrant visa is not immediately available. Section 106(a) of AC21 permits applicants to extend their stay in H-1B nonimmigrant status in increments of up to one year, provided the Form I-140 petition or underlying labor certification has been pending for at least 365 days.



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  • NKR
    02-19 03:19 PM
    NKR, you said u r replying to someone else.. i don't know why u then quoted me in ur message and in the end added that I didn't care about u.. is it normal that we run down each other for no reason.. what bad thing did i ever say about u..
    sorry that u got the impression the thread was dead, i was away (soccer then resting u know) and came back to see someone else left me hate/curse messages, and speaking on IV's behalf and no one cared to tell him that both acts were not appropriate.. tell me why is it that u (and may be others) agree that removing the country limit is wrong and that saying some nationality is better and brighter than others is also wrong yet not one is defending me when i make those same arguments and get insulted in the process..

    .

    You both were talking on the same lines and I had quote you too. Look at my previous posts. I never said that the country limit should be taken off.

    Just point us to the post which said that Indians/Chinese are better and brighter. I think you cooked up that story.

    Hope you had enough rest after the soccer game.





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  • la6470
    01-16 03:10 PM
    How else is a consulting company supposed to work - if they do not send their consultants to client site? Consulting is not always a one month affair - all IT organizations need long term consulting on permanent basis from subject matter experts. Again I know for sure that this is a misguided memo from some folks in USCIS who has no practical understanding of the complexity of modern IT organizations.

    I am posting this again because I want the discussion to focus back on what is really important and not soothe someone's personal ego.



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  • pappu
    06-15 12:35 PM
    I believe in luck in the GC process. Before 2005 PERM process, many folks applied in states where Labor was fast. They were able to get greencards within a couple of years while others were stuck in Labor Backlog centers (http://immigrationvoice.org/index.php?option=com_content&task=view&id=67&Itemid=50). Some cleared all hurdles and got stuck in namechecks for years. Until 2007 Namecheck was a big scare. (http://immigrationvoice.org/index.php?option=com_content&task=view&id=81&Itemid=61)

    Many people could not file in July 07 for various reasons. Some people were born in India but were brought up in other country. Even they are stuck. Some people decided to rise in their careers and changed jobs on H1. While they did rise, but lost in the grreencard PD race.

    So definitely luck pays its role.





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  • gc28262
    06-15 04:22 PM
    Ivar and group,

    ...............................
    My suggestion here is that let the outsourcers take the hit. They have always benefitted by flouting the rules. If your concern is way too high for your L1 brothers then you would find it prudent to bring in the law that clearly states "Pay high wages for the L1s or dont bring them in here". ..........................................
    dilipcr,

    Please wake up from your dream. No matter how you want it, outsourcing won't go away.

    Outsourcing companies will always provide a lower cost to client as long as dollar is valuable than rupee ( or any other developing world currency).

    They can do this by one of the following ways.

    Use L1s for client site assignments. Some of these maybe illegal. Still they do it. Client is happy, outsourcers are happy.

    Let us say everybody complains to ICE about this and L1 visas are unavailable for outsourcers. Their next strategy is to change the ratio of onsite resources to offshore resources. Again they will offer a cheaper solution to client. For executing a project in onsite/offshore model they don't need all these L1 guys here. They just need a few managers and maybe some team leads. They can execute the project with minumum resources onsite. Company and client wins again. The only reason they place so many resources onsite is to charge the client at dollar rate.

    If US wants to prevent offshoring they have to ban offshoring explicitly. Doing so will go against the WTO rules.

    To summarize, outsourcing cannot be stopped. Salary levels will always go down with time.



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  • amsgc
    12-21 04:07 PM
    albertpinto,

    I agree that it is not going to be easy - but I don't see any other way.

    It is easy to throw numbers - 200K, 500K waiting, 750K apps received etc. etc., but unless there is evidence to back it up, these numbers mean nothing. What is our answer to a Senator who asks how many people are waiting in line Eb category? And what is the source of that data?

    How else can we estimate how much money we are paying every year in taxes and contributing to the growth of the economy? Or, how many really intend to buy a house on receipt of the Green Card?

    Perhaps we can think of some other strategy to arrive at some concrete numbers - but I sincerely don't think a database of anonymous unverifiable members is of much use. By the way, when I said verifiable, I meant that if a representative from a senators office were to randomly call a number from the database, he would find a legal immigrant at the other end who is trying to find his way through this process.

    I like the idea of a temporary green card - there has been talk about it in the forums in the past. We could also consider pitching the idea of "expedited/early evaluation/adjudication", of the I-485, for a fee. The main point could be:
    - For a fee, you will know for sure whether all your paperwork/interview work is complete, the case has been adjudicated, and your application is waiting only for a visa umber.
    - Once the case is adjudicated - the USCIS sends you a letter that it is complete. Now can do almost anything with your EAD/AP - work for any employer, any field, any state, study, start a business etc.

    The USCIS can define the criteria for accepting cases for early evaluation, such as:
    - PD older than 3 years
    - Buying a house etc.
    - Attempting to start a business, changing job, going back to school to enhance skills etc.

    Any other thoughts, any one?



    I will be surprised if you get many mails - if you are asking people to reveal their phone numbers and the estimated taxes - how many will send mails ? and how can you verify what is being sent ??
    the main point should be keep it simple !!!
    -- I suggest this ...
    1) come up with a plan ..either to send letters to media or logfren or both ..tell them about GC and housing and to speed up the process for those already here (rather than increasing h1 - which is controversial during slowdowns).
    at the very least give us temporary green cards (if they cannot do a recapture) ..this temp card should be similar to permanent GC ..but it should give the applicant the freedom from RFE's etc (I know these sound difficult ..but it is new year and who knows Santa may grant us our wish :)).

    2) give them approx figure that there are 300k families who are planning to buy house sooner or later ..but the GC is preventing them.
    3) the other main point is to keep on increasing IV's member ship by telling everyone about this campaign ..maybe we need the dedication like the AMway guys to increase membership !!
    (also ..please post on one thread and keep only one thread active at a time).





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  • aps
    09-23 10:48 AM
    dude, suck in your hot air and sit down on the bench.

    I support this, if most of us like this. I considered people with one income and who lost jobs in this economic situation. If this idea is supported by many members then i will also support.

    aps



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  • lazycis
    12-13 05:41 PM
    I've got some experience with the court system and I think the whole discussion is pointless. To invalidate the law, it should be in conflict with the constitution. What article of the consitution conflicts with per-country limits for EB GC? If anything, quota is equally divided between countries, so there is no discrimination. To get a GC is not a right and never will be. End of story.





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  • ragz4u
    02-06 02:25 PM
    http://www.murthy.com/news/n_endsub.html





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  • maximus777
    06-15 12:13 PM
    The original post is fine only in parts but most of it is totally crap. He says his living standard has gone down because of L1s and H1bs and herds people coming from india, Dude you need to understand that this recession has not been caused by H1b and L1s or other IT workers coming to US, its because of the real estate boom and foolishness of american people who believed that real estate prices will keep on rising to INFINITY.. i don't have to explain how this recession started i hope majority of the people knows about it.. so stop blaming IT workforce for your living standard.. another example.. just seen what happened to GM and chrysler.. they failed to understand the market for small cars and fuel efficient cars.. instead they produced gas guzzlers like hummers.. so do you think they have the brightest minds. We are in this deep shit because of the situations created by americans for themselves and now they want to blame it on legal immigrants for there wrong decisions..

    I believe in destiny or lucky whatever they call it.. its not always that brightest get their GC. I wished i was that bright and intelligent person to predict July 07 fiasco but unfortunately i quit my company in Mar 07.. and i know some people who used subsititued labor in July 07 have their EADs with them. Don't think just by getting a GC or citizenship will certify that your the brightest of all still waiting in the GC queue. I am not sure how many people believe in luck... but i do. I don't matter how bright you are and how hard you work you need some luck also..

    Thanks

    Amen to that.





    ganguteli
    04-02 12:08 PM
    Why I don't like Congress..



    There is no use of good academic record if you are a shameless chaprasi.

    What do you have to say about all well educated and intelligent bureaucrat IAS, IPS etc..





    nixstor
    07-03 09:22 PM
    Will it be possible to get emergency legislation to capture unused EB numbers for the past several years????

    Is it possible to escape the radars of the likes of Durbin & Sanders?

    No, it will not be possible to escape the radars of Durbin, Grassley or Sanders. The key is to get support from people like Kennedy. I know it is very difficult because kennedy is very pissed off with the failure of CIR. Kennedy will only consider this, if this really becomes a full blown issue beyond a certain magnitude. Then we have people like Hagel, Lieberman, Cornyn, cantwell who supported bigger amendments than this. It is a matter of making this a bigger/biggest issue related with USCIS and immigration.



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