lazycis
02-13 05:04 PM
See extract from Ombudsman's report
http://www.dhs.gov/xlibrary/assets/cisomb_annualrpt07__June_11_2007_section3e_untimel yprocessing.pdf
218,759 visas are available for recapture and those numbers were lost due to systematic agency delays and bad policies (i.e. name check).
http://www.dhs.gov/xlibrary/assets/cisomb_annualrpt07__June_11_2007_section3e_untimel yprocessing.pdf
218,759 visas are available for recapture and those numbers were lost due to systematic agency delays and bad policies (i.e. name check).
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PlainSpeak
03-24 10:37 AM
^^^
gc_on_demand
09-14 03:45 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)
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
PERM applicants in 2005 (7276 of this 40% are Indian and 60% from EB2 ) -> 1750 LCA
1100 LCA => 3850 GC
Total pending I-485 in 2005 (EB2 India) ~ 8000
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.
I think Eb2 india got more than you think... It must be 15k or more from Spill and I do expect that india will get 30k spill this year.which will clear 05, 06 and half or 1st quarter of 2007
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)
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
PERM applicants in 2005 (7276 of this 40% are Indian and 60% from EB2 ) -> 1750 LCA
1100 LCA => 3850 GC
Total pending I-485 in 2005 (EB2 India) ~ 8000
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.
I think Eb2 india got more than you think... It must be 15k or more from Spill and I do expect that india will get 30k spill this year.which will clear 05, 06 and half or 1st quarter of 2007
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STAmisha
10-03 04:45 PM
I plan to do it Myself, need some help & suggestion
1. Do we need get our education evaluation done, i am from india with Bsc +Msc(physic) +PGDCA.Will they
consider degree from India as valid with any evaluations.
No educational evaluations are necessary. Provide them ORIGINAL transcripts and notarised copies of your degree certificates
2.For experience what i plan to do is give notarized copies of experience letter,paystubbs. Probably lot
of paystubs so that it looks complete, appointment letter, W2 forms.
This should be sufficient. Provide a copy of resume too
3. Bank statements
Provide bank statements for the last 3 months.
4.Mariage certificate + Birth related documents (notarized)
5. IF some of you can share some Formats which you guys have used to write letter to CIC so that you
get waivered of you English test.
Write them a letter saying that you were educated in English and you are proficient inEnglish. They dont care for IELTS if you apply for US.
Good Luck.It is straightforward and easy
1. Do we need get our education evaluation done, i am from india with Bsc +Msc(physic) +PGDCA.Will they
consider degree from India as valid with any evaluations.
No educational evaluations are necessary. Provide them ORIGINAL transcripts and notarised copies of your degree certificates
2.For experience what i plan to do is give notarized copies of experience letter,paystubbs. Probably lot
of paystubs so that it looks complete, appointment letter, W2 forms.
This should be sufficient. Provide a copy of resume too
3. Bank statements
Provide bank statements for the last 3 months.
4.Mariage certificate + Birth related documents (notarized)
5. IF some of you can share some Formats which you guys have used to write letter to CIC so that you
get waivered of you English test.
Write them a letter saying that you were educated in English and you are proficient inEnglish. They dont care for IELTS if you apply for US.
Good Luck.It is straightforward and easy
more...
Openarms
08-17 02:48 PM
This should not be a silly topic and won't be...I want to take this opportunity to bring the bigger issue here... things happen for a reason... we all need to understand that we have to make a positive out of this issue... Atleast all educated folks like us should be able to channel our wisdom to those folks who feels that they are above all... That kind of mentality should need to change in INDIA for people like SRK and politicians and lot of business tycoons.... I believe this incident is very good opportunity, one more time, once again for all those conscious folks who live here US and INDIA to make things better for life.
"snathan" do not disappoint when people disagree with you... I 100% concur with your thought process...
"chanduv23"
I like the way that you put things in a perspective called your own prism. I do agree lot of things that you say but you seem lack of very basic fundamental human touch...
World is a BEAUTIFUL PLACE... Mother EARTH is an awesome place to live... do not fall into a trap those who morons used and twisted great peoples words and made this place worse for political gains/reasons. Please do not twist/turn the great one and only Einstein words and his context is different.
My point here is "Respect should be given by that acts that you do in life...should not be given just by demand"
All I am saying is that "IN INDIA WE GOT SOOOOOOO MANY PROBLEMS TO SOLVE" why SRK cribbing about this incident... and innocent/ignorant and un educated folks going crazy over there.... instead he can do lot of better things in INDIA so that he can be recognized all over the world and given respect.
EDUCATION, EDUCATION AND EDUCATION is the only solution for all the problems in the world.
"snathan" do not disappoint when people disagree with you... I 100% concur with your thought process...
"chanduv23"
I like the way that you put things in a perspective called your own prism. I do agree lot of things that you say but you seem lack of very basic fundamental human touch...
World is a BEAUTIFUL PLACE... Mother EARTH is an awesome place to live... do not fall into a trap those who morons used and twisted great peoples words and made this place worse for political gains/reasons. Please do not twist/turn the great one and only Einstein words and his context is different.
My point here is "Respect should be given by that acts that you do in life...should not be given just by demand"
All I am saying is that "IN INDIA WE GOT SOOOOOOO MANY PROBLEMS TO SOLVE" why SRK cribbing about this incident... and innocent/ignorant and un educated folks going crazy over there.... instead he can do lot of better things in INDIA so that he can be recognized all over the world and given respect.
EDUCATION, EDUCATION AND EDUCATION is the only solution for all the problems in the world.
deepakjain
05-28 11:17 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
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
more...
vjkypally
09-23 05:44 PM
Hope USCIS is counting dependents in its 10,800 count for EB2I in 2005. Then we were pretty close in our estimate.I do not think it would be 10,000 primary. Probably around 3000 ~ 5000 primary applications. But if you consider dependents yes we may be talking about nearly 10,000 EB2I visas.
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dilipcr
06-11 11:49 PM
People need to understand that you need to give some to win some. I would like to propose to IV a kind of proposal that would be a win win for both the immigrants and the US.
1. It is meaningless to fight for the rights of ALL the visa holders. Any such attempts would always be resisted by the anti immigrant lobby.
2. Acknowledge their fundamental point of view that jobs are being stolen due to wage destruction and perpetual visa fraud by these outsourcing companies. Of course resist all these racist BS types. They are the just the noise in the immigration debate.
My Proposal
1. Support the Grassley bill in its entirety. If you notice it is those outsourcing companies that are making all the noise but not the genuine companies that use H1B for innovation purposes. These outsourcing neither follow the rules or spirit of the H1B/L1 visas nor provide much of innovation to the market place. There is no point in expecting them to police themselves. We have tried this and they are not here to play by the rules.
2. In fact, provide the concessions to eliminate the H1/L1 visas for these outsourcers. In return, request visa number recapture for the H1Bs who are employed directly by the companies. I strongly believe that if you are a H1B employed directly by the company (not outsourcing cos), it is unlikely that you would be underskilled or underpaid. A few minor expections may be there but we can safely ignore these exceptions.
3. Again, people may argue that some of the consultants are highly skilled too. If that were the case, they would have been or would be hired into a permenant position soon once the Grassley bill passes. No company would like to let go of a good performer irrespective of whether they are permenant employees or contractors.
If you notice, some people echo the sentiment that the Grassley bill would lead to more offshoring. That in my opinion is absolute BS. Only low level jobs would be offshored and in my opinion a h1b visa should not be used for these low level jobs. The high skilled jobs would always stay here and they would not be under wage pressure. The best and the fittest would survive and get the same.
I strongly believe that by providing these concessions, atleast the skilled immigrants would be sparred the trauma of this mindless wait for a GC. I wish to reiterate here that I am neither anti immigration nor anti any ethnicity. I am simply trying to reiterate that we need to lose some to win some. There is no point in the Indian style of negotiations of win all or win none. Let us adapt to the give some take some style of concession building. In this process, it is okay to give up on the interests of those blood sucking outsourcers. For this, I am willing to provide financial, logistical and intellectual support.
By following this route, we prevent wage destruction which is what the anti immigrant lobby is clamouring about. It is a win win for all and a lose situation for the blood suckers
1. It is meaningless to fight for the rights of ALL the visa holders. Any such attempts would always be resisted by the anti immigrant lobby.
2. Acknowledge their fundamental point of view that jobs are being stolen due to wage destruction and perpetual visa fraud by these outsourcing companies. Of course resist all these racist BS types. They are the just the noise in the immigration debate.
My Proposal
1. Support the Grassley bill in its entirety. If you notice it is those outsourcing companies that are making all the noise but not the genuine companies that use H1B for innovation purposes. These outsourcing neither follow the rules or spirit of the H1B/L1 visas nor provide much of innovation to the market place. There is no point in expecting them to police themselves. We have tried this and they are not here to play by the rules.
2. In fact, provide the concessions to eliminate the H1/L1 visas for these outsourcers. In return, request visa number recapture for the H1Bs who are employed directly by the companies. I strongly believe that if you are a H1B employed directly by the company (not outsourcing cos), it is unlikely that you would be underskilled or underpaid. A few minor expections may be there but we can safely ignore these exceptions.
3. Again, people may argue that some of the consultants are highly skilled too. If that were the case, they would have been or would be hired into a permenant position soon once the Grassley bill passes. No company would like to let go of a good performer irrespective of whether they are permenant employees or contractors.
If you notice, some people echo the sentiment that the Grassley bill would lead to more offshoring. That in my opinion is absolute BS. Only low level jobs would be offshored and in my opinion a h1b visa should not be used for these low level jobs. The high skilled jobs would always stay here and they would not be under wage pressure. The best and the fittest would survive and get the same.
I strongly believe that by providing these concessions, atleast the skilled immigrants would be sparred the trauma of this mindless wait for a GC. I wish to reiterate here that I am neither anti immigration nor anti any ethnicity. I am simply trying to reiterate that we need to lose some to win some. There is no point in the Indian style of negotiations of win all or win none. Let us adapt to the give some take some style of concession building. In this process, it is okay to give up on the interests of those blood sucking outsourcers. For this, I am willing to provide financial, logistical and intellectual support.
By following this route, we prevent wage destruction which is what the anti immigrant lobby is clamouring about. It is a win win for all and a lose situation for the blood suckers
more...
vamsi_poondla
02-14 12:56 PM
Let us get started with legal opinion of Rajiv Khanna. I believe we have strong grounds for the class action law suit for past sins of USCIS - not utilizing full capacity of VISAs for GC processing. That is defintely operational inefficiency. But USCIS might claim that this may never happen again now that the name check requirement is waived off after 180 days.
Around 80 people voted for the law suit. I am willing to contribute $10 thru Paypal on my part. Please pitch in to make it $600 for the consultation. Then one of the folks in DC can get in touch with Rajiv.
lazycis/hopefulgc I am willing to send $10 as a token of support for your initiative. I am impressed by your confidence and conviction. Let us form a new group and we will definitely get moral support from all good IV members. Personally I dont want to be plaintiff as I have too much to loose. But I support your group. Waiting for your direction.
Around 80 people voted for the law suit. I am willing to contribute $10 thru Paypal on my part. Please pitch in to make it $600 for the consultation. Then one of the folks in DC can get in touch with Rajiv.
lazycis/hopefulgc I am willing to send $10 as a token of support for your initiative. I am impressed by your confidence and conviction. Let us form a new group and we will definitely get moral support from all good IV members. Personally I dont want to be plaintiff as I have too much to loose. But I support your group. Waiting for your direction.
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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.
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.
more...
santa123
07-25 01:34 PM
A question about the FB spillover: according to your data, there are about 30000 FB visa spillover from last year. But does USCIS have to use up all of them? If the answer is yes, then the September VB will very likely be current. If the USCIS only need to use up the 147000 EB and use whatever portion of the FB spillover, then September VB may not move.
Though I appreciate all the analysis and the hardwork by several folks here to get to the numbers, I am thinking that we should not get carried away and set high expectations for ourselves and others. Your confidence levels are very high, but remember there are some assumptions in the calculations and we are dealing with govt agencies... just wanted all EB2s to hope for the best and prepare for the best...
;)
Though I appreciate all the analysis and the hardwork by several folks here to get to the numbers, I am thinking that we should not get carried away and set high expectations for ourselves and others. Your confidence levels are very high, but remember there are some assumptions in the calculations and we are dealing with govt agencies... just wanted all EB2s to hope for the best and prepare for the best...
;)
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ita
03-30 01:08 AM
Snathan,Arkbird
Please do understand MMS brought economic reforms when he was finance minister in P.V Narasimha Rao's govt.People thought country would see the same in 2004 when MMS was made PM. But Sonia Gandhi didn't give him that freedom.We didn't see any reforms in these 5 years.
Opting for MMS is like saying I won't take Sonia/Rahul but would take them if they came with a wrapper called MMS. That's what MMS is.
All those voting for MMS in the poll might as well vote for Rahul if you are bent on only congress party for communal/other reasons of your own.
MMS is not even fighting these elections.As per congress party sources Sonia doesn't want to announce Rahul as PM candidate because if congress loses then Rahul has to take the blaim(which will affect his charisma..huh our leaders run not qualifications but charisma and even urban/rural people fall for that).If congress wins MMS will be replaced with Rahul citing health or some other issue within no time.
I can understand rural masses but educated skilled people falling for the tactics of unskilled Sonia is something.No wonder she is going great.
Please do understand MMS brought economic reforms when he was finance minister in P.V Narasimha Rao's govt.People thought country would see the same in 2004 when MMS was made PM. But Sonia Gandhi didn't give him that freedom.We didn't see any reforms in these 5 years.
Opting for MMS is like saying I won't take Sonia/Rahul but would take them if they came with a wrapper called MMS. That's what MMS is.
All those voting for MMS in the poll might as well vote for Rahul if you are bent on only congress party for communal/other reasons of your own.
MMS is not even fighting these elections.As per congress party sources Sonia doesn't want to announce Rahul as PM candidate because if congress loses then Rahul has to take the blaim(which will affect his charisma..huh our leaders run not qualifications but charisma and even urban/rural people fall for that).If congress wins MMS will be replaced with Rahul citing health or some other issue within no time.
I can understand rural masses but educated skilled people falling for the tactics of unskilled Sonia is something.No wonder she is going great.
more...
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p_aluri
12-14 03:12 PM
I think it is only discrimination if the per-country limit is different for different countries.
Since all countries have the same limit, there is no discrimination at all.
But the limits have been pre-defined for certain coutries as the demand is so high from those countries..
Yep.
Since all countries have the same limit, there is no discrimination at all.
But the limits have been pre-defined for certain coutries as the demand is so high from those countries..
Yep.
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snathan
01-24 05:42 PM
If most members are opposing the memo that is fine for me. I will take neutral Stand. Anyhow best wishes for winning the lawsuit if you file and win
What good your stand is going to do and who cares it ?:confused:
What good your stand is going to do and who cares it ?:confused:
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bitu72
10-04 12:04 AM
thanks amisha..any idea about the identity card number is it the ssn number we have in US. i can fill in that number and make a copy and get it notarized.
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pmb76
04-01 03:33 PM
The BJP is the only party that can lead India in a sane manner. The various issues that stand before India :
- Free market reform that has been strangled by the communists and congress
- National security . For the congress and other so called secular forces - criticizing terrorism/pakistan is tantamount to criticizing Islam. They jail Varun Gandhi for making divisive comments(agreed that the comments are in bad taste) but what about the Imam Bukharis and Mulayam singhs who make divisive comments every single day.
- The concept of nationalism and pride was first felt during the years when Vajpayee was PM. To be honest I never felt proud to be Indian until AB Vajpayee became PM
- Infrastructure development. The BJP is more free market than any other party. the Vajpayee administration started so many infrastructure schemes like the golden quadrilateral national highway and various others.
- The BJP is the only party with true nationalists. You may blame them for being right wing hindus but they have more secular credentials than the congress or other so called secular forces. Now let's get this straight - Radical Islam is the biggest threat to world peace and the BJP is the only party at the national level that recognizes this threat.
Agreed that there could be corruption in the BJP/NDA as well but atleast you know what you are getting into. Manmohan Singh is the weakest PM India has ever had whose sole goal in life is to please his masters - the Gandhi family.
All in all you will find faults with everyone - you have to back the least of all evils.
- Free market reform that has been strangled by the communists and congress
- National security . For the congress and other so called secular forces - criticizing terrorism/pakistan is tantamount to criticizing Islam. They jail Varun Gandhi for making divisive comments(agreed that the comments are in bad taste) but what about the Imam Bukharis and Mulayam singhs who make divisive comments every single day.
- The concept of nationalism and pride was first felt during the years when Vajpayee was PM. To be honest I never felt proud to be Indian until AB Vajpayee became PM
- Infrastructure development. The BJP is more free market than any other party. the Vajpayee administration started so many infrastructure schemes like the golden quadrilateral national highway and various others.
- The BJP is the only party with true nationalists. You may blame them for being right wing hindus but they have more secular credentials than the congress or other so called secular forces. Now let's get this straight - Radical Islam is the biggest threat to world peace and the BJP is the only party at the national level that recognizes this threat.
Agreed that there could be corruption in the BJP/NDA as well but atleast you know what you are getting into. Manmohan Singh is the weakest PM India has ever had whose sole goal in life is to please his masters - the Gandhi family.
All in all you will find faults with everyone - you have to back the least of all evils.
more...
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mundada
06-15 04:18 PM
I hear you buddy but that is what America is and that is what makes America so great. The constant flow of immigrants/productivity growth through technological enhancements will always require you to keep upgrading your skills and hence your salary.
The moment you were forced to enroll in MBA in an effort to upgrade your skills and hence increase your salary means American model and (comparative advantage) economics are working.
The same thing happened in agriculture, then manufacturing, and now IT and other industries. It is inevitable!
By the way, it is not dumping. Here is the real definition of dumping, "the act of a manufacturer in one country exporting a product to another country at a price which is either below the price it charges in its home market or is below its costs of production".
http://en.wikipedia.org/wiki/Dumping_(pricing_policy)
For your information, I like everyone was, am and will most likely continue to be affected by the outsourcing/offshoring/onshoring/immigration/technological innovation/etc.
Finally protectionism does not work. Take a look at Detroit... in 1960s, 1970s and 1980s, the workers bargained for high salaries, job security, retirement benefit plans, etc., free and clear from any foreign worker competition. And now in 2009, take a look at what happened to these workers at the big three, to their house values, to their children's future, to their retirement funds, etc.
After this do you really think you can protect yourself by closing the door behind you when that is the only exit door, in case you need one!
Ivar and group,
I think you guys are missing the plot here. Let me reiterate loud and clear. I am NOT against immigrants getting GC. I will not, even in my wildest dreams, claim that the recession is due to the H1Bs and L1s. That is complete baloney spread around by the anti immigrant lobby. My point is let the deserving the GCs soon and not go thru the mindless wait I went thru.
Having said that I am for the following :
1. If the outsourcing companies would pay on an avg at 80K per head for the "well qualified" people, I am even ok with their dumping their dumping the L1s here. Why is it that you guys are ok with the L1s being dumped at 40K-60K salaries ? Shuldn't they get paid high too ? This is what I am arguing for. If the outsourcing cos dont want to pay this rate, then keep them in the country of origin. No need to depress wages here. Is this a wrong thing to ask ?
2. Grassley's bill may force some companies to move entirely to India or China. Isnt that good for India and China ? Why are the pro immigrants against this ? Some times I get the feeling as to who actually is pro and who is anti immigrant !!!! In adition, it may eliminate the many backlogs and help the deserving people here.
3. People who have made a conscious decision to immigrate here have done so considering the standard of living as one of the primary factors in their decisions. In order to enjoy this standard of living, people have to constantly upgrade skillsets to remain competitive in an industry or move to another industry where mass interest is relatively low. Why should these people's lives, after all the travails, be impacted by the low wage scum outsourcing companies. Please remember these companies, like an other company on earth, operate only on self interest. No point in supporting such companies which in adition to the self interest principle also flout rules with abandon.
4. In my opinion, self interest has alwyas resulted in the greater good of society. Do not confuse self interest with greed. Greed is what caused this financial mess. If people/companies operated with concern for greater societal good, they would have spent billions in concocting an AIDS vaccine for the children in Africa than to spend the same billions in concocting VIAGRA for the rich old men. Since employment based immigration debate involves companies' interests too, we have to balance societal good with some impact for the companies. 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". I dont understand what is wrong here ? Is it that I didnt convey my message across right or is it that people blindly support immigration ?
The moment you were forced to enroll in MBA in an effort to upgrade your skills and hence increase your salary means American model and (comparative advantage) economics are working.
The same thing happened in agriculture, then manufacturing, and now IT and other industries. It is inevitable!
By the way, it is not dumping. Here is the real definition of dumping, "the act of a manufacturer in one country exporting a product to another country at a price which is either below the price it charges in its home market or is below its costs of production".
http://en.wikipedia.org/wiki/Dumping_(pricing_policy)
For your information, I like everyone was, am and will most likely continue to be affected by the outsourcing/offshoring/onshoring/immigration/technological innovation/etc.
Finally protectionism does not work. Take a look at Detroit... in 1960s, 1970s and 1980s, the workers bargained for high salaries, job security, retirement benefit plans, etc., free and clear from any foreign worker competition. And now in 2009, take a look at what happened to these workers at the big three, to their house values, to their children's future, to their retirement funds, etc.
After this do you really think you can protect yourself by closing the door behind you when that is the only exit door, in case you need one!
Ivar and group,
I think you guys are missing the plot here. Let me reiterate loud and clear. I am NOT against immigrants getting GC. I will not, even in my wildest dreams, claim that the recession is due to the H1Bs and L1s. That is complete baloney spread around by the anti immigrant lobby. My point is let the deserving the GCs soon and not go thru the mindless wait I went thru.
Having said that I am for the following :
1. If the outsourcing companies would pay on an avg at 80K per head for the "well qualified" people, I am even ok with their dumping their dumping the L1s here. Why is it that you guys are ok with the L1s being dumped at 40K-60K salaries ? Shuldn't they get paid high too ? This is what I am arguing for. If the outsourcing cos dont want to pay this rate, then keep them in the country of origin. No need to depress wages here. Is this a wrong thing to ask ?
2. Grassley's bill may force some companies to move entirely to India or China. Isnt that good for India and China ? Why are the pro immigrants against this ? Some times I get the feeling as to who actually is pro and who is anti immigrant !!!! In adition, it may eliminate the many backlogs and help the deserving people here.
3. People who have made a conscious decision to immigrate here have done so considering the standard of living as one of the primary factors in their decisions. In order to enjoy this standard of living, people have to constantly upgrade skillsets to remain competitive in an industry or move to another industry where mass interest is relatively low. Why should these people's lives, after all the travails, be impacted by the low wage scum outsourcing companies. Please remember these companies, like an other company on earth, operate only on self interest. No point in supporting such companies which in adition to the self interest principle also flout rules with abandon.
4. In my opinion, self interest has alwyas resulted in the greater good of society. Do not confuse self interest with greed. Greed is what caused this financial mess. If people/companies operated with concern for greater societal good, they would have spent billions in concocting an AIDS vaccine for the children in Africa than to spend the same billions in concocting VIAGRA for the rich old men. Since employment based immigration debate involves companies' interests too, we have to balance societal good with some impact for the companies. 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". I dont understand what is wrong here ? Is it that I didnt convey my message across right or is it that people blindly support immigration ?
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apnair2002
04-29 09:26 AM
04/29/2007: Elimination of Substitution of Aliens for the Certified Labor Certification Applications
As we stated earlier, the OMB had 90 days to make a decision on this DOL Final Rule. It was submitted on 01/26/2007 and the OMB cleared on 04/27/2007, just immediately prior to expiration of 90 days.
This final rule will not go into effect until it is published by the DOL in the federal register. Record reflects that this final rule will not be published in the federal register, Monday, 04/30/2007. We have yet to see what changes to the proposed version of the rule the DOL made in the final rule. However, it is certain that this rule will not go into effect on Monday, 04/30/2007, and there may still be some actions the employers can make before it is published in the federal register.
Pending Labor Certification Cases: PERM rule does not allow any amendments and no substitution of alien beneficiary available until the PERM application is certified. By the time PERM is approved, it may be too late to initiate the substitution. However, the cases which are pending at the BECs are different. The beneficiaries can be substituted inasmuch as the job order and the BEC supervised recruitment has yet to be initiated. At this time, the amendment of the BEC application does not require a paper request and e-mail or even phone call request followed by fax will work to substitute the alien. Under the final rule which will go into effect soon, the labor certification applications at the stage of DOL can survive only if the substitution has been approved at the time of release of the final rule. Accordingly, the employers can contact the BECs tomorrow, Monday, to amend the pending ETA 705 and alien beneficiary over the phone, via e-mail, followed by the phone calls and fax or straightforwardedly via fax. CAVEAT: If substitution is denied and original beneficiary ETA 750 is denied for the reason that there is no beneficiary, the employer can lose everything!!
Certified Labor Certification Cases: These cases will not be able to survive unless the I-140 petition is quickly filed on Monday substituting the alien beneficiary. The earliest filing date will be "Tuesday" since overnight delivery has to reach the Service Centers. Still worth trying. Once it is "filed," it will be safe. There remain a host of issues which will have to be resolved by the USCIS as to the consequences of the denial of these substitution I-140 petitions on issues other than alien beneficiaries qualifications such as the employer's financial ability to pay the proffered wage, etc. Obviously, the denial becomes a "final" action, the cases on appeal to the AAO will continue to remain outside the parameter of the elimination rule. Another question is the effect of motion to reopen of denial of substitution I-140 petitions. There is some chance that the USCIS may decide that once the motion is granted and I-140 petition is approved, the DOL's final rule of elimination of substitution will not affect the case. What if the employer refiles the substitution I-140 petitions? The chances of these cases will remail slim or nil. Since it will be considred a "new" filing of substitution I-140 petition, the USCIS may rule that such filing will be subject to the DOL's substitution elimination final rule. There will be other issues which fall under the jurisdiction of the USCIS rather than DOL as related to the interpretation of the substitution I-140 petitions. The USCIS is scheduled to initiate this rule making process sooner or later. Please stay tuned.
Impact on the Retention of Priority Date: The rule of retention of priority date is governed not by the DOL but by the USCIS. Under the USCIS rule, the priority date of the labor certification application is not retained until I-140 petition is "approved." Accordingly, if the decision of the denial of the substitution I-140 becomes final on appeal, the substituting alien will not be able to retain the priority. Neither the original beneficiary can retain the priority date unless the alien beneficiary substition I-140 petition was filed after the I-140 had been approved for the original beneficiary.
Impact on the 7th-Year H-1B Extension: Until the substitution I-140 is denied and becomes final on appeal, the substitutiing alien will be able to continuously extend the H-1B status in one-year increment, but the substituted alien will not be able to extend the 7th-year H-1B status based on the substituted labor certification application. Once the decision of denial becomes final, the substituting alien will not be able to extend the H-1B status after that time, but the validity of the approved 7th-year H-1B status will remain valid until the expiration date.
Impact on the 245(i) Benefits: Grandfathering of the 245(i) benefits cannot be transferred to other aliens and substituting aliens cannot take over the 245(i) benefits unless the substitution was filed before April 30, 2001. Once the grandfathering is attached, it remains valid unless "not approveable at the time of labor certification application filing" is found. Accordingly, the denial of substitution I-140 petition on behalf of the substituting alien will have no affect on the original beneficiary's retention of the 245(i) benefits.
Well, let's wait and see the text of the soon-to-be published final rule.
As we stated earlier, the OMB had 90 days to make a decision on this DOL Final Rule. It was submitted on 01/26/2007 and the OMB cleared on 04/27/2007, just immediately prior to expiration of 90 days.
This final rule will not go into effect until it is published by the DOL in the federal register. Record reflects that this final rule will not be published in the federal register, Monday, 04/30/2007. We have yet to see what changes to the proposed version of the rule the DOL made in the final rule. However, it is certain that this rule will not go into effect on Monday, 04/30/2007, and there may still be some actions the employers can make before it is published in the federal register.
Pending Labor Certification Cases: PERM rule does not allow any amendments and no substitution of alien beneficiary available until the PERM application is certified. By the time PERM is approved, it may be too late to initiate the substitution. However, the cases which are pending at the BECs are different. The beneficiaries can be substituted inasmuch as the job order and the BEC supervised recruitment has yet to be initiated. At this time, the amendment of the BEC application does not require a paper request and e-mail or even phone call request followed by fax will work to substitute the alien. Under the final rule which will go into effect soon, the labor certification applications at the stage of DOL can survive only if the substitution has been approved at the time of release of the final rule. Accordingly, the employers can contact the BECs tomorrow, Monday, to amend the pending ETA 705 and alien beneficiary over the phone, via e-mail, followed by the phone calls and fax or straightforwardedly via fax. CAVEAT: If substitution is denied and original beneficiary ETA 750 is denied for the reason that there is no beneficiary, the employer can lose everything!!
Certified Labor Certification Cases: These cases will not be able to survive unless the I-140 petition is quickly filed on Monday substituting the alien beneficiary. The earliest filing date will be "Tuesday" since overnight delivery has to reach the Service Centers. Still worth trying. Once it is "filed," it will be safe. There remain a host of issues which will have to be resolved by the USCIS as to the consequences of the denial of these substitution I-140 petitions on issues other than alien beneficiaries qualifications such as the employer's financial ability to pay the proffered wage, etc. Obviously, the denial becomes a "final" action, the cases on appeal to the AAO will continue to remain outside the parameter of the elimination rule. Another question is the effect of motion to reopen of denial of substitution I-140 petitions. There is some chance that the USCIS may decide that once the motion is granted and I-140 petition is approved, the DOL's final rule of elimination of substitution will not affect the case. What if the employer refiles the substitution I-140 petitions? The chances of these cases will remail slim or nil. Since it will be considred a "new" filing of substitution I-140 petition, the USCIS may rule that such filing will be subject to the DOL's substitution elimination final rule. There will be other issues which fall under the jurisdiction of the USCIS rather than DOL as related to the interpretation of the substitution I-140 petitions. The USCIS is scheduled to initiate this rule making process sooner or later. Please stay tuned.
Impact on the Retention of Priority Date: The rule of retention of priority date is governed not by the DOL but by the USCIS. Under the USCIS rule, the priority date of the labor certification application is not retained until I-140 petition is "approved." Accordingly, if the decision of the denial of the substitution I-140 becomes final on appeal, the substituting alien will not be able to retain the priority. Neither the original beneficiary can retain the priority date unless the alien beneficiary substition I-140 petition was filed after the I-140 had been approved for the original beneficiary.
Impact on the 7th-Year H-1B Extension: Until the substitution I-140 is denied and becomes final on appeal, the substitutiing alien will be able to continuously extend the H-1B status in one-year increment, but the substituted alien will not be able to extend the 7th-year H-1B status based on the substituted labor certification application. Once the decision of denial becomes final, the substituting alien will not be able to extend the H-1B status after that time, but the validity of the approved 7th-year H-1B status will remain valid until the expiration date.
Impact on the 245(i) Benefits: Grandfathering of the 245(i) benefits cannot be transferred to other aliens and substituting aliens cannot take over the 245(i) benefits unless the substitution was filed before April 30, 2001. Once the grandfathering is attached, it remains valid unless "not approveable at the time of labor certification application filing" is found. Accordingly, the denial of substitution I-140 petition on behalf of the substituting alien will have no affect on the original beneficiary's retention of the 245(i) benefits.
Well, let's wait and see the text of the soon-to-be published final rule.
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NKR
02-16 03:22 PM
man.. u can click on a user and see all the posts he sent, so good luck
i must have joined two years and participated in topics all this time so that i today i get a chance to destroy IV.. plz put down the 007 book and listen for once..
u can't see that people started belittling ROWs here first.. then i admit it's a waste of time to try to reason with u
You guys see everything wrong with us. If the spouse works, you will say they are taking away your jobs. If they study, you say that they pay instate fees where as you pay international fee. If they do MBA and become your manager, you will say that not only they are getting jobs, now they are bossing over us. If they stay at home, you will find wrong with that too saying that they are not doing anything but are getting all the benefits..
It does not matter if spouses stay at home and lose years of salaries which translates to more than the international fees that some people pay. It does not matter that we have to face hurdles in each and every step of the way, be it when getting medical insurance or life insurance or while traveling. We have to renew visas every year by paying thousands, we have to renew our licences. We have to go for visa stamping even if we have gone for an emergency visit. We have to remain in the same job without growth, without promotion. Do you know it is not easy for a H4 person to get a credit card to start building credit history?.
If you have a solution to reduce all of our pain without increasing the waiting time for ROW people say it here cause that is what we need and what USCIS will appreciate. You do not have to bring corruption and all that crap into picture. That can be another discussion. If I have to pay fees to get some things faster then I will call it nothing but organized bribery within legal framework. That is what is happening in countries which you say is less corrupt, but then why do you care, you enjoy your soccer game....
i must have joined two years and participated in topics all this time so that i today i get a chance to destroy IV.. plz put down the 007 book and listen for once..
u can't see that people started belittling ROWs here first.. then i admit it's a waste of time to try to reason with u
You guys see everything wrong with us. If the spouse works, you will say they are taking away your jobs. If they study, you say that they pay instate fees where as you pay international fee. If they do MBA and become your manager, you will say that not only they are getting jobs, now they are bossing over us. If they stay at home, you will find wrong with that too saying that they are not doing anything but are getting all the benefits..
It does not matter if spouses stay at home and lose years of salaries which translates to more than the international fees that some people pay. It does not matter that we have to face hurdles in each and every step of the way, be it when getting medical insurance or life insurance or while traveling. We have to renew visas every year by paying thousands, we have to renew our licences. We have to go for visa stamping even if we have gone for an emergency visit. We have to remain in the same job without growth, without promotion. Do you know it is not easy for a H4 person to get a credit card to start building credit history?.
If you have a solution to reduce all of our pain without increasing the waiting time for ROW people say it here cause that is what we need and what USCIS will appreciate. You do not have to bring corruption and all that crap into picture. That can be another discussion. If I have to pay fees to get some things faster then I will call it nothing but organized bribery within legal framework. That is what is happening in countries which you say is less corrupt, but then why do you care, you enjoy your soccer game....
la6470
01-16 02:41 PM
THIS IS BIG AS 30-40% OF PEOPLE WHO WORK IN THIS CONTRY ARE RENDERING SOME KIND OF CONSULTING SERVICE TO THE CLIENTS. ALL DESI CONSULTANTS ARE DOOMED FOR GOOD.
ALSO TO BE CLEAR, THIS DOES NOT IMPACT ANY EXISTING H1-Bs THAT ARE ALREADY APPROVED BUT THE EXTENSIONS AND NEW FILINGS. THIS IS A BUMMER.
Now the question of this memo being is good or bad is debatable but it surely does get rid of body shoppers for good.
Edison, NJ is going to be a ghost town.
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.
ALSO TO BE CLEAR, THIS DOES NOT IMPACT ANY EXISTING H1-Bs THAT ARE ALREADY APPROVED BUT THE EXTENSIONS AND NEW FILINGS. THIS IS A BUMMER.
Now the question of this memo being is good or bad is debatable but it surely does get rid of body shoppers for good.
Edison, NJ is going to be a ghost town.
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.
texanguy
09-23 02:20 PM
I think it would serve better to our community to channel our efforts toward eliminating the need of EAD and AP document and have I-485 receipt serve as those documents. It will take the pain away for the waiting people.
All the USCIS needs to do is to declare that they will accept I-485 receipt as a proof for employment eligibility (maybe along with passport etc.)
i mean afterall, do you really think that congress will pass any legal immigration bill before election? i dont think so, it probably would be in the lame duck session if we are lucky.
All the USCIS needs to do is to declare that they will accept I-485 receipt as a proof for employment eligibility (maybe along with passport etc.)
i mean afterall, do you really think that congress will pass any legal immigration bill before election? i dont think so, it probably would be in the lame duck session if we are lucky.
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