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  • BharatPremi
    12-13 06:02 PM
    it's not the cost of getting an opinion that matters.
    See my two prior posts on being pragmatic.

    I see your point that if we are sure of not getting the result than why to take pain...

    But are we really that squared and check mate for this issue?





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  • jsb
    06-03 04:24 PM
    All that is too complicated and it shows nothing except that USCIS is incompetent.

    But if we can prove that Country Quotas are discrimination and unconstitutional, that would be better and simpler. Supposedly the constitution says something like - "establish a uniform rule of naturalization" - and what is happening now is by no stretch of the imagination "uniform" and it definitely is discrimination and it goes against equal opportunity - http://en.wikipedia.org/wiki/Equal_Opportunity_Employment - which includes equal opportunity based on national origin.

    Laws you quoted are for US residents, not for those wanting to be US residents. Country quota, I believe, is more sensitive and difficult to change. Of course, it is not working for the original intent to not have people from a few countries making US as their home.

    Work-arounds, we are so familiar with such as AOS, EAD, H1B beyond 6 yrs, etc., are easier to get in. For the current situation, simple work-around could be to adjudicate a case when all is good except the visa number, and send an interim GC card until visa number is available. When visa number is available, interim card could be replaced with a permanent card. In a nutshell, replace EAD/AP with an interim permanent resident card, and replace it with a permanent card when visa number is available.





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  • raysaikat
    07-14 12:10 PM
    Hi,

    I have an EB2 I-140 approved; PD Aug 29, 2007. The corresponding LC was filed with "Special Handling" for university teachers.

    1. If I change into a non-academic job, then can the PD be retained when I refile?

    2. If I go out of US for a few years (say 3-5 years) and then come back with a new job, will I be able to retain this PD when I refile?

    Thanks for your time.





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  • grupak
    02-15 01:07 PM
    You guys keep saying diversity is a FB immigration problem only not EB, hence no cap needed in EB.
    REALLY? Is it a coincidence that a desi company owner will usually have 99% of his emploees Indian? Thinking that employment depends only on skills is not realistic. A lot of the networking based on national origin interferes with how at least H1 jobs are landed here. So there is a reason to have rules preventing a monopoly.

    Cheers.

    Guys give it a rest. We are here to solve the backlog for all EB, and most effected are from a few countries. So unless the total number is increased by orders of magnitude, the pragmatic solution is what IV advocates. And IV is working to help everyone.

    If there is fraud or some other problem in the H1B program, let the USCIS do the policing.



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  • bfadlia
    02-16 10:59 AM
    Guys, let's straigthen one thing out. I have heard here things like "flooded the market" or "why 90% of company are people of certain nationality". Well.. It's a very natural process, and it happened, happens, and will happen, and it's normal. Look at this scenario. Not to touch any nation, I would use Krakozhia as example.

    Suppose you are from Krakozhia, you are pursuing American Dream, you found clients, you secured some funds and you are ready to open up a business and do something. Now you need people, you have two places to look up: American or foreign. Looking employee in the US is extremely expensive and risky business. 4 out 5 candidates will have no clue what's written in their resumes, will not want to work for you, will chill 2-3 months until you fire them, will be doing only one thing - sending resumes for a new job with better salary. Trying to hire Americans without good HR will lead your business to the dead end.

    So you will look into foreign market. Where? Are you gonna go to China/Russia/India? Where you don't speak their language? Don't know local specifics? Of course you will go to your "Krakozhia", where you know people, where you know universities, and what kinda people graduate from where. So you will build a team and bring here - start working. Here is another fact - about 80% of jobs in the US people get through references. Yes, companies prefer to hire friends of employees, because they don't have to spend resources filtering people from the street. "Are you sure he is a right guy for the job?" - that's it, the guy gets hired. So, your first team will bring their friends/relatives - all "Krakozhians". And from the business point of view - it's the best way. It's not racism, not discrimination, not invasion - just business. You are just doing what is best for your business... business doesn't have races or ethnics groups. And btw, CEO is REQUIRED BY LAW to maximize profits. If hiring foreigner will be more profitable, then you are required in front of your shareholders to do so.

    Only when the company will grow large, have good HR - then the company can afford hiring everybody from everywhere. And US government knows and accepts that, and it's happened in the US history many times. 100/200 years ago there were Irish, German shops. 80 years ago there were Italian shops. Nothing horrible happened, they all eventually melted. I don't see anything wrong that there are Indian or Jewish, or Russian shops. They will eventually melt in and become regular American companies.

    dear Bestia, I don't recall anyone calling the situation you described racism. I for one said it's human nature's favorism and, like it or not, it does jeopordize diversity, so you will have a hard time convincing US to let go something it wants for the sake of something else just because it's better for you.
    Please note that I did not start this discussion and I hate it as much as you, but the ones who started it did so by repeatedly saying that the disproportionate indian chinese lines here are mainly because they are 1- better and brighter than the rest of us 2- more marketable than us 3- more educated than us 4- all of the above
    can't you see the blatant racism in these explanations and my right as an ROW to be offended by them? I never intended to run down the indians and chinese when i say that no these are not the reasons, we all have equal skills and that the real reasons are the higher population of india and china and the skewed methods of bodyshops..
    i'll stop responding to the other idiot who has nothing but insults and conspiracy theories instead of real arguments, someone doesn't realize that 90% of IV members did not attend the rally, yes throw that in their faces and ask them to leave whenever you run out of idiotic arguments. really pathetic!





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  • samay
    07-29 10:36 AM
    Thanks a lot for your reply.

    I had completed my BSc in computer science with 3 years & also completed my Masters(MCA) in computer science with 3 years.(both from India)

    Total I have 6 years(3 yrs bachelors + 3 yrs masters) of education/qualification in Computer Science.

    My labor has been approved & in that it is mentioned, position requires Masters degree.

    Do I qualify for EB2 category?
    I already filled I-140 in March 2008 under EB2.

    I will really appreciate your response.




    Thanks.


    To answer your question I will have to go through all your I-140 documents. What did your academic evaluation and experiential evaluation stipulate.



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  • narendra_modi
    01-15 01:11 PM
    It wont be an issue since you already gor your GC or I-485 filed. I failed to understand still what you are doing here.

    If one filed I-485, isn't employee-employer relationship comes under a questionmark? what if that company is closed ? And if this memo is implemented, most of the GC filing IT Inc. will be shut down sooner and hence will be a big mess..they are the ones who are supporting for their GC.





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  • NKR
    02-15 06:24 PM
    Dingudi,
    I didn't generalize. I said preponderence meaning "a lot of" cases with L1/B1/H1 and I am also not denying the fact the India is doing a great job in producing IT skills in great numbers. I am saying how they end up in America in greater numbers than any other country. China, Pakistan, Israel also produces lots of IT gradutes but they don't have the bodyshop connection to land here with an NIIT certificate.

    Then pray why people from other countries are not landing IT jobs?. Can I say that NIIT teaching is better than the teachings in the universities of the countries you have mentioned?.



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  • reddy77
    07-03 11:34 PM
    Digged , Thanks admins for all these, I really appreciate your hardwork. I want to call senator/Rep in PA, Any contacts of them..





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  • n2b
    09-23 11:18 AM
    Let me slice & dice your thought!

    this is totally lame idea!Why, do you have any brighter idea than this? Until you have one at least this is something to act upon! Though, if you have an idea please post, majority of people on this forum are good listeners and executioners unlike you maybe.
    immigration policy is a social and an economic issue..not just economics..At least we are putting something on the table that can take care of one issue in your opinion i.e. the economic issue, pls let the social issue aside at least the way you are putting it, it sounds more like a racist issue!!!
    They dont want too many ppl from one country ..that is the reason for 7% quota...why cant you digest that fact...How many times have other members mentioned to folks like you that the people you are talking about are already in this country, unlike you I do not see why would there be any concern around having too many ppl from one country? It seems like only you seem to be scared of a different breed around you!
    we can fight injustice if we feel we are being treated in an unfair manner..is this justice to restrict EB categories by country limits and not having such limit for H1Bs or L1s? Why not have same policies across the board if it's right? You might think this is justice because of your racial thoughts!
    but this carrot-and stick approach will back fire...I can partially agree to this...we have to make sure this approach does not back fire!

    i know many who have bought homes even when they were on H1...In which case you would also know many who haven't bought homes because they are unsure about their greencards! (ps - I am house owner so this one don't really matter to me but I am all up for it.)
    you must be really creative to link EB GC and purchasing a house!You are right, the reason we fall in to the EB categories is because of our creativity! why do you fall into EB category anyways?



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  • real_jr
    05-29 04:56 PM
    still ppl feel pulling others lag would get them GC - this commnity can never be united!:confused:

    I agree that we need to be united. But does that mean we just accept people abusing EB1?
    Dont you think it is unfair to people who have waited for all these years?
    If more people start abusing EB1, then there will be no visa numbers for EB2/EB3.
    When EB1 abuse is stopped, It may not get all of us GC, but atleast some of us could get GC.





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  • eb3retro
    07-22 12:02 AM
    My experience with amway - Very close friend of mine joined amway once he came to US, and within a few weeks, tried it on me. And at the end, he branded me as closed minded person when I said no many times. Forgot the 4 year friendship and never called me for the past 7 years. Oh well, my wife keeps telling me, those who don't understand us cannot be good friends. And after seven years, I agree...



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  • unseenguy
    08-16 12:43 AM
    Why should it be a surprise?
    How do PoE officers know if he is a film star in some foreign language movies?
    Even if they knew, why is SRK so special that he should not be checked?

    There was an instance when a pop singer from India(Daler Mehdi) was accused of smugling illegal immigrants disguised as musicians. Point is, if somebody is a celebrity, that does not make him/her un touchable?

    So shall we strip search Barack Obama or Hillary Clinton on their next visit to India? They can also be accused of bringing something illegal, isnt it?





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  • oguinan
    02-15 09:14 PM
    Nope. Article 1 Paragraph 3 just states that the convention does not apply in those cases. The definition of racial discrimination stands. You should read through the US response to the last review under the CERD (in 2003) and check the responses on immigration policy.

    Do you have a specific link? There are a number of immigration related documents in the 2003 session, mostly related to the southern border.

    I'm not a lawyer - but I do know that the spirit Article 1 Paragraph 2 of the document says that immigration and naturalization laws are somehow "not the same" as other laws when testing for racial discrimination. The spirit of the document is clear - otherwise why provide the second paragraph at all? I think that the case of Bhagat Singh Thind which I cited earlier clearly did show racial discrimination by any reasonable test.

    I noticed that you changed my quoted text in the previous post. I'm not sure how that fits in with the traditions and practice of the forums here - but I'd appreciate you mentioning it in the text of your post.



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  • rajsenthil
    05-01 05:43 PM
    And who told you that they are being opressed - have you been to Sri Lanka and if yes which places did you visit to see the Tamils being opressed .

    The terrorists who come to fight in J&K from Pak say they are fighting because Indian Army and govt is opressing the Muslims . Is that true also ?

    Seriously I don't care - my personal opinion that in this particular case it is none of our ( India's ) business to meddle in Sri Lankan affairs when they are on the verge of getting rid of a menace they have . Terrorism is not a solution of anything . Only peaceful times can bring happiness and prosperity.

    I did not travel to SL but had one my classmate from SL. He is an SL Tamilian and joined me in my school. His parents were taken for interogation and they never returned. Father was killed during interogation and mother died in between the clash. He was bundled in the truck by his neighbor and shifter to India. I dont believe that SL Tamils are treated equally. I really hope that there would be an end to their sufferings. It is unfair to make an incorrect statement. Their own Army Chief Pon Sekara made a open statement that the SL Tamils has to live like a secondary citizens. When thousands of innocent people are dying and trying to justifying is equal to committing the murder.

    The blunder LTTE did is assassinating Rajiv Gandhi. But again Indira Gandhi was assasinated. Even the SL PM Rajapakse assassinated the editor who has written a column about the civilians sufferings.

    I accept that terrorism is not the solution. It is easy to tell that way from a safe place and hidden from the truth.





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  • ita
    04-20 07:44 PM
    You missing one thing in your stats .Year.You were looking at post independence records?No don't' answer me get yourself the answer.You go check your stats.I shared this link before ,which you so mightily pushed aside.
    http://74.125.95.132/search?q=cache:prdjEwwFXSUJ:www.francoisgautier.co m/Written%2520Material/Christian%2520India.doc+is+india+heading+towards+c hristianity&cd=1&hl=en&ct=clnk&gl=us
    That's why I say read everything I write then you wouldn't be here with your rant about hate crap.

    Also no I never went through the numbers from VHP/RSS.As some one from Hyderabad I'm very well aware about how good the official stats are.I'm aware of the tricks wherein a minority family of 15 says they are just 4 .

    A quick fact check : Muslims are about 13.5% and christians are about 2% of india's population. So instead of 30% of india belonging to these two groups per your numbers, it is actually closer to 15%.


    I must say you defined yourself right.Educated Illiterate.I'll give that one to you.

    A lie told 100 times can be made to look like truth.You can throw this crap at any anyone trying to reason out sense into your types.
    Empty stomachs were refused food post tsunami until they agreed to take up certain religion by the so called preachers of religion. Post Tsunami many villages (entire villages) were abused and converted.(People who lost almost everything in the calamity suddenly have all the time in the world to think about religious freedom and conversion volunraity right?)
    Just know this you are fooling no one with words like secularism,religious freedom which you use when it suits you.
    Quite a religious freedom .

    You have something sensible to say start saying with facts.Not with that tried out 'spreading fear and hatred' crap.


    It is religious freedom, not religious conversion. And thanks for enlightening us about the global plan to decimate indians by racking up numbers on their side. Are all of the indians coming to US have a similar plan because I am not aware of it.
    Spreading fear and hatred using lies and stoking communal feeling to get votes is nothing new. Seeing educated people do it with such fervour is new.


    Shows your desperation.Please don't turn this into personal attack or religious attack.Talk sensible stuff or resign.I won't take your personal digs.


    Are all of the indians coming to US have a similar plan because I am not aware of it.

    When India shines with the efforts of sensible people you shine too(only to come to US and talk about 'fear and hatred crap')
    If India sinks because of your illiterate tactics, know this, you may be fine but there will scores of people from all religions in not so good situation as the selfish breed like you would be in.

    A quick fact check : Muslims are about 13.5% and christians are about 2% of india's population. So instead of 30% of india belonging to these two groups per your numbers, it is actually closer to 15%.Right wing extremists group use these exagerrated numbers to drive more gullible people into their communal parties. But you get those numbers from VHP/RSS. Check it tomorrow and it could be close to 40% !

    It is religious freedom, not religious conversion. And thanks for enlightening us about the global plan to decimate indians by racking up numbers on their side. Are all of the indians coming to US have a similar plan because I am not aware of it.

    Spreading fear and hatred using lies and stoking communal feeling to get votes is nothing new. Seeing educated people do it with such fervour is new.



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  • YesGC_NoGC
    06-26 12:55 PM
    Fact - My 485 has not ben filied yet, still on mercey of Employer after giving them all the paperwork. My PD was current for June filing.

    Rumour - The dates have been retrogressed already for July as USCIS already recd enough applications to fullfill the remaining visa number for this fiscal year. Also USCIS officers visited IV and could sense the number of applications that will pile up on July 1st hence they decided to retrogress and release the dates on Month to month basis.

    Does this make sense !!





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  • vjkypally
    06-16 04:55 PM
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  • Rajkrish9
    09-18 10:12 AM
    Hi,

    This is regarding switching job from one role to different role

    Currently I am working for an Employer A in consulting position ie., Senior Developer Role. Current Project is ending in Dec'2008

    Now I am planning to move to a different role of Management (Project Manager) to Employer B.

    what would be the better way of doing for the above said role.

    My current H1B is expiring on Nov'2008 (Six year term). I have to ask my employer to do the extn. But the employer doing is very minimal.
    I have applied EAD in Aug'2008. - I am not sure when this will arrive.

    Now I am into the state of More confusion. I couldn't able to do anything as far as in terms of career path.

    Would like to enlighten some thoughts on this situation and Thanks in Advance.

    Regards,
    Raj.





    greyhair
    01-13 09:21 PM
    actaccord: I also want to see civilized discussion. But that is not possible with people like PlainSpeak/GCPerm. I know this person. He has always tried to create Eb2/Eb3 divide. The problem is not with language of some of the posts you referred as "uncivilized", the problem is that for every post there are hundreds of people silently reading each posts. Each post influences those silent readers. If unanswered snakes like GCPerm can cause a lot of damage.

    In an open anonymous forum you need to develop a thick skin. Person of every strip and belief can post anything. If you cannot handle this, it is better for you to resign from accessing any or all websites.For a period of time, I felt the same way as you did but it does not work that way. Stop this nonsense of political correctness when snakes like GCPerm spit venom to divide everyone.

    A forum is a combination of all sorts of ideas and expression. You may like some and you may not like some. If you or your friends find it so difficult to stand this expression, then please sit quietly in your home because you cannot join hands with anyone in this real and rough world. How long are we going to " try to gain confidence" of more members? How long? I do not want to gain confidence of anyone anymore. If I was to make a decision, I would say that I don't need those members who cannot stand a little bit of rough reality. I am not going to do anything to "gain confidence" of others. If you want to work then good for you. If you don't want to work on the issue affecting your family, then so be it. You are doing a favor to no one but yourself when you speak with your Congressman. So Good luck and Good bye. But don't preach civility to everyone if you cannot first respond to PlainSpeak. I hate this Eb2/Eb3 fight.




    at least one person could respond in more civilized and matured way. These kind of response will give good impression about a forum.

    Guys please keep your comments in more civilized way to keep/gain good public image of the forum.

    I do read most of the threads in this forum (whenever I feel free) i feel some of members who are donors/senior members feel they can get to fight (in abusive way) with any one on any thread no matter whether it spoils the image of forum or their response adds no value to the thread. These kind of attitude can be expected from new members as they may have wrong intentions (or to just vent their frustrations) to join in a forum. But people who are very senior and donors responding in uncivilized manner is not good for them as well as the forum.

    I don't see anything wrong PlainSpeak's suggestion but I can't comment on if her suggestion is workable or not. But we can just explain what is right or wrong instead of getting into fight mode.

    I would like to see some kind of administration control (removing the response, warning the members) on those threads with abusive/uncivilized response. I know it is tedious job but once we have senior/donors under civilized conversation controlling new members will be of easier as seniors/donors can report those unwanted conversations.

    It would be great place to share ideas (good, bad, right, wrong) if those uncivilized response is reduced. The lesser the uncivilized response more the people willing to join hands.

    I wanted to join hands but those uncivilized comments keeping me away from participating. I do have friends who joined after me referring felt the same, some even stopped visiting this forum after seeing uncivilized fightings.

    There are great people like amitjoey who convey the message in more civilized way (as far as I have seen) and help others (its not easy to post 1100+ posts....). I am new to this country and have very less experience and knowledge to share. But I hope one day I can guide/help some people like amitjoey.

    Reason for me to share my thought is amitjoey, otherwise I would have just gone through the thread and felt bad about this forum for uncivilized comments. I am not into any group yet (Eb2/3) as my comp is not going to sponsor gc as per new policy, so I don't belong to any group (or we can say group who's gc never filed). When I read PlainSpeak's comment I thought she was right and after reading amitjoey's comment I learned another view for this issue. After reading those two comments I understand the issue and why IV took different direction or direction different from PlainSpeak's. But when I continued reading this thread I felt why some educated people with good intentions have bad thoughts and respond to others in uncivilized way. In the whole thread only two comments make's sense to me rest doesn't belong/fit to this forum.

    Lets get more new members and be civilized to gain confident which will gain more strength to the forum.





    snram4
    01-18 10:05 AM
    The H1b rules and Cap are framed based on the principle that foreigners will be allowed only when there are no avialblity of skilled persons for that job. That is the reason For LCA and salary requirements. You can very well google that why H1b visa was created on 1991. Everyone in congress and also american public expects that American jobs should not be replaced by foreigners. But when there is no clear cut job position there could be foreigner could be hired just because he quotes 10 dollar less than American but same skills.
    But still we can lobby for change of law to get some grace period of 2 or 3 months when a persons job lost or H1b is cancelled. But it is a bad idea to justify bench without pay for H1b. But still USCIS was sympathtic towards most people and most H1bs got green card though they were in bench. One of my relative forgot to renew H1b for more than an year but otherwise perfect. They accepted and applied for extension explaining the situation and got extension. If they would followed the law she would have got 10 year Ban. But I am not expecting any sympathy from USCIS for anyone who violated law or regulation knowlingly.

    Is H-1B working at a gas station a bad apple? Yes.

    Non-Indian staffing company keeps $150/hr, 25 years back. Is this a bad apple? How much can a staffing company keep? Why? Who decides it? Has Hilda L. Solis decided it for for US workers? Why should Janet Napolitano decide it for H-1B?

    Contractor salary and benefits come from his/her billing only. Most US workers are not paid on bench/benefits. Why should H-1B be paid on bench/benefits? Contractor can be paid on bench/benefits only by spreading the billing over bench/benefits (thereby reducing paycheck). Why is this a good apple?



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