Wednesday, August 10, 2011

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  • longq
    02-13 03:09 PM
    They do not have to go to 7% if they don't want to. However; they can't go over it; if there is more demand then supply.

    I am not disputing this. Entire discussion here is how to handle if demand is less than supply due to the impose of 7%.





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  • Macaca
    07-04 09:19 AM
     Age out situations with children
     Once a child turns 21 he/she can no longer be filed with the primary applicant. However, once the I485 is filed with USCIS the child is regarded as "safe" regardless of how long the USCIS takes to adjudicate the I485.

    I have that very situation. My son turn 21 in mid-January 2008.

    This is a HUGE issue if it is true. Can we verify it preferably with a URL?

    This is what I meant when I said that we should identify all the issues and worry about english later. BTW, this is what is taught in a writing course: outline first, english later.

    I have scanned most of the letters posted in thread. I will carefully scan them again and add their issues to my skelton.

    Most of the letters are missing or not stressing some HUGE points like above. These HUGE points are bold faced in the articles I post. Editorials have a lot of these so called punch lines.





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  • mmk123
    09-04 11:46 PM
    May YSR's soul rest in peace. I am not YSR fan but he is no more... So what good, what bad?

    Pls, it is cheap to reveal anyone's identity, posting personal details, and this kind of behavior on these posts. Pls stop bickering... In the free country like US, be tolerant enough to listen to others even though you don't agree with a person.

    IV core, pls delete this thread, it's disgusting and embarrassing.





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  • Jaime
    05-12 11:59 PM
    Well, I have been on this forum for over a year, and I have been doing my research, you guys have given me a great idea...immigrating to India. I know that right now India might not be as comfortable as Laguna Beach, (but then agan 99% of the world isn't). I think that if I go to India now, work hard, endure a bit of discomfort and do my best that I will be a millionaire in my later years, whereas in the U.S. thigns are declining, and I will have grandkids before I get a Green Card.

    This is where India Green Card comes in. So, I am looking for a job in India (non-tech, but rather business/marketing related).I would appreciate any help that you guys could give me. I have researched that I have to find a job and show a contract of employment from the sponsoring company in India, as well as an appointment letter from the sponsoring organization and proof that the organization is registered in India.

    Then it allpoints out tome having to apply for an employment visa at the consulate with jurisdiction over my place of residence, and I am awae that my visa may require clearance by the Ministry of Home Affairs or Reserve Bank of India before the visa is issued. My question is on how to contact the MHA for this? Do any of you have their phone/fax numberor address?

    Further, I found that in India a foreign national may not change employers. If the foreign national wishes to change employers, the foreign national must leave the country and re-enter with a new visa for that particular new employer. So, I am looking for something really steady before I even set foot in India, and that's why I need your all's help!!!

    Since the Ministry of Home Affairs (MHA) reserves discretion to determine the period of validity of the visa, it could really be good for a few months or years, impossible to know before applying. The good thing is that the Foreign Registration Regional Office (FRRO) may grant extensions of up to three months. Upon approval by the MHA, the FRRO may grant an extension of up to one year. Thereafter, the FRRO may grant extensions for four more years on a year-to-year basis.

    I am so excited and confused at the same time. India is my future, and I am going to need a lot of your help IV friends! At least I speak English, but I am also thinking of getting a pivate Hindi tutor. Any thoughts woud be VERY VERY appreciated! Thanks!!!!



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  • mbawa2574
    02-16 12:14 PM
    dear Bestia, I don't recall anyone calling the situation you described racism. I for one said it's human nature's favorism and, like it or not, it does jeopordize diversity, so you will have a hard time convincing US to let go something it wants for the sake of something else just because it's better for you.
    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!
    You are a racist b* who just thinks about yourself and you have been planted here by other camp. U must have come out of some gutter country where democracy has no meaning and you don't know meaning of majority. You are favoring an agenda because it is good for you today. get the hell of this website. You don't belong here you racist bigot. May be we will need to track your ip address and throw you from here at some point of time.You hate Indians and Chinese and come back to IV where we have majority. This is not going to happen.





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  • grupak
    02-13 02:50 PM
    Grupak, I am not suggesting any single country is monopolizing the foreign worker pool. Employment laws in the US are fairly non-discriminatory except the diversity in workplace or "Affarmative Action" component which prefers a minority when two candidates possess the same skills.

    My comment was on someone suggesting moving ahead without the ROW participation since they only comprise 20% of the membership pool.

    WD's comment was in the context of removing country cap.

    I know we all say things in jest. However, the only solution is (1) increase visa numbers and (2) remove/significantly increase country cap. Otherwise the problem still remains, and IV will continue to fight for a fix.



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  • vdlrao
    07-21 02:56 PM
    http://www.dhs.gov/xlibrary/assets/statistics/publications/LPR_FR_2007.pdf





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  • logiclife
    06-26 12:35 PM
    nope. The august bulletin which gets released mid july didn't get into our arguements at all. We were specifially talking about july filers and july month.

    Yes, i agree that if August bulletin retrogresses than that affects only august filers and not the people eligible to file in july.

    So regardless of what August bulletin says, USCIS can just, on a whim stop accepting 485 petitions in Mid July just because they have received "Too many" and the mail room clerk is tired ? I dont know but it really does not sound like something USCIS can do on a whim without publishing a change in the rule first.



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  • BharatPremi
    12-14 12:11 PM
    "The SC concluded that the statutory discrimination within the class of aliens is permissible."

    This could justify difference in say EB1, EB2 and EB3 or F visa, H Visa and L visa. How ever there is no mention that discrimination could be on the basis of sex/race/country of origin etc. IMHO an extension of standard EEO laws should be applied for EB class immigration too.

    NB: I am an HR consultant and an expert on EEO laws, I still think that this discussion is worth taking to a top constitutional attorney. An hour of his time will cost peanuts compared to what we can possibly get out of this.

    With agreeing the central theme represented by Mark, still I am incliened to say "Yay" to your suggestion.





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  • dilipcr
    06-11 05:11 PM
    To be honest, I do agree that the US needs qualified people with skillsets. The real question is "Are the people from the desi consulting companies the real qualified lot ? " Just to get my background details out of the way. I am a new member, from India ofcourse, and I have recently applied for my citizenship. Now with this huge deluge of immigrants, especially from the desi consulting companies, I feel that my quality of life is getting adversely impacted. Do not rush to conclusions that I am anti Indian or anti immigrant. 12 years back when I first got my H1 visa, the requirements to qualify were strict. Staffing companies to a decent extent followed rules and tried to get the best and the brightest. Once the dot com boom started, people from all walks of life entered IT. This was true of not just the Indians but also of people in the US. Soon after the bust, the value proposition from these staffing companies was simply low cost. This is not to blame the staffing companies. They behaved in an economically rational way.

    Consider this scenario. If you run a consulting company, wouldn't you try to maximize your profits by staffing people in projects at the least cost ? This is econmically rational. You wouldn't worry much about the quality of the deliverables and all you would care is to dump as many bodies as possible at the client site or offshore and get the maximum bang for the buck.

    In this scenario, how is it feasible to expect immigrational justice when the bodies themselves dont provide exceptional talent and skills but simply offer low cost ? Now you would be tempted to bring in the analogous case of illegal low skilled immigrants. Remember they are just that - low skilled workers. They dont "steal" the jobs of high skilled workers. But this dumping of IT workforce has completely brought down the standard of living of the IT workers here. To be honest, those who get green cards today would feel the same way five years from now when the next wave of so called "skilled IT immigrants" offer even lower wages and destroy the quality of life.

    In summary, this retrogression is good in a way. The truly best and the brightest would still be employed until their turn for adjournment comes in. Only the weak are currently scared of the delays. I went through the same torrid GC phase after the tech meltdown in 2001. I was not worried of my job then but many people whom I knew got clobbered and were forced to leave. This is the darwinian flush and it will take its toll. Trust me this the bitter truth. If you people still consider that all the people on H1/L1 are part of the best and the brightest, they are WRONG. Only a small % (probably 20%) are the true best and the brightest and a good 50% will be flushed out. Sorry to say this and hey give me the red dots.



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  • lazycis
    02-13 01:11 PM
    WDude, Googler, I am not against removing per country limits. But we need to have a cool head, think straight, objective and use facts. I just think it will be next to impossible to change the INA to remove those quotas so it's better to concentrate efforts on 1) visa recapture; 2) EB quota increase. Visas were lost mostly because of NC issue.





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  • gomirage
    06-15 06:26 PM
    dilipcr,

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

    Now you have reeally scared Dilipcr !!! lol



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  • mallu
    02-14 02:50 PM
    Let USA take a statistics of the current population and then decide which category of countries need more or less immigration to balance true diversity.





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  • _TrueFacts
    09-04 01:43 PM
    May he rest in peace...

    Shree..don't worry God will give him due treatment..



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  • eb3_nepa
    06-28 05:15 PM
    Still, just because DOS told USCIS "Visas are exhausted" doesnt mean they should stop ACCEPTING new petitions. They can stop APPROVING new ones, but why stop ACCEPTING new petitions. Visa bulletins guide the filing as well as approval of petitions. If visa bulletins is current, then they can both accept and approve petitions.


    Logiclife No offense but I would keep pushing your lawyer. If he was REALLY confident, he would have stuck to his guns and filed at the end of July, the very fact that he has said he will file in the Beginning of July means that he knows, s**t happens FAST when USCIS is concerned ;)





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  • snram4
    01-15 05:48 PM
    For the past 2 years there were so many RFEs and denials and no body knew what basis. But if they bring a regulation and follow that everybody can prepare ahead and no surprises. It is not a question of making profit. They have to make profit by following law and ethics and not by using loopholes. The regulations will make the companies to follow the rules of the game. If bodyshoppers follow the law and ethics without any fraud they will become reputed companies and the regulations will not destroy them. But their profit may go down but good for everyone. Inspite of insane rules annual cap is reached even unemployment is decade high. I would term protectionist if annual cap is reduced or they make restrictions such that h1b cap usage is so low. In India best persons are available and whatever restrictions they put Indian techies will overcome unless they block it completely. 65k H1b is attached to WTO and no way they can reduce that.


    snram4,

    It seems you are concerned about companies making profit than what happens to you. That is a typical socialist/communist thought process. Communists/socialists are worried/jealous about companies making profit rather than their own well being. Ironically you are in the capitalist meca of the world.

    If you are not fine with companies making profit, you shouldn't be here in the first place.

    H1B rules are on the slavery lines already. Think about all the restrictions we have to undergo just because of H1B. Irrespective of whether H1B is allowed on consulting, consulting is here to stay in US and all over the world. If not H1B, Citizens and GC holders will do the consulting.

    The only thing many of us are good at is screwing our own countrymen and colleagues. Did it ever come to your thought that existing H1B rules are insane already ?



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  • bazuka6
    06-13 09:12 PM
    Don't think of it as punishment. The US wants to allow a certain number of people to immigrate each year. The demand far outstrips the supply. That's where the problem is.

    There are two ways to address this:

    Increase the supply
    Decrease the demand


    Those are the only two ways. One option would be to go for a points based system that awards the limited visas to those with the best qualifications or where the need is greatest. After all the US is in a "buyer's market" and can pick and choose those immigrants that add most to the country.

    The other option (which is at present politically infeasible) is to increase the annual immigrant quotas. Tough to support this in a recession with 10% unemployment.

    I'm not sure you can characterize this as unfair... ultimately it is left to the US to determine how many people they want immigrating.

    so what are the ones that fall below on points supposed to do ? pack and leave after 10 plus years of being here ?





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  • rahulpaper
    06-28 05:11 PM
    the cycle for visa exhaustion has to happen before USCIS triggers action....its just not how many applications showed up on their door...and one(including me) should not feel toooo bad if we are not able to submit application becasue the visa numbers were exhausted. More painful will be if it is only based on applications received and mine went in a little later than others. lot of hard works has gone into prepraing this application. I would hire my attorney to put a suit against himself...

    As i understand it...number of applications received by USCIS on july 2nd does not in any way affect the acceptance of application on july 22nd......do you see it as i see it

    Still, just because DOS told USCIS "Visas are exhausted" doesnt mean they should stop ACCEPTING new petitions. They can stop APPROVING new ones, but why stop ACCEPTING new petitions. Visa bulletins guide the filing as well as approval of petitions. If visa bulletins is current, then they can both accept and approve petitions.





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  • 485_spouse
    07-08 08:53 AM
    Hi,
    I (EB3-India, PD Nov 2002) got approved last year. We were only able to file my wife;s I-484 days before my approval. We are still waiting for her GC as my PD is no longer current. Is there any way she can get her GC quickly?

    Thanks,
    485_spouse





    hopefulgc
    05-29 03:38 PM
    IV needs to bring up Charles to the podium and have him answer our questions.
    Why?
    Because his statements do not make numerical sense.

    If he cannot answer our questions, we need someone else to take his job who can.

    I am pissed.. are you?




    I think as someone said this guy was randomly throwing numbers out there. How come his analysis does not account for remaining 36K EB1 and EB2 ROW applications. Is he suggesting that all EB1 and EB2 ROW are being used up also. Very hard to believe that for 2008 and 2009 with the way the economy is going. Lot of product companies where most of the ROW 485s would likely come from have stopped applying perm since last summer. There is a huge flaw in this analysis and its not as pessimistic as it seems.

    BUT, then again we need legislation to wipe the slate clean and clear these 200K applications, so there is a new build up of visa demand and wait times are tolerable for current applicants and future applicants.





    hydboy77
    06-04 01:36 PM
    As JSB pointed out what you are asking already exists with an EAD, 180 days after filing 485 you can leave your current employer and join a new company as long as it is a same\semilar job. The problem with this same or semilar job is it is a ticking time bomb, the day USCIS decides to go after EAD they can have a restrictive interpretation of same and semilar job and deny your 485 or they can keep sending you employment verification letter rfe every couple of months. I am not being paranioid, for example even though AC 21 clearly states that once 180 days have passed since the 485 has been applied, the employee can join a new job and even if the previous employer has revoked the approved 140 it should not effect the 485 petition, but USCIS is not following this law and blindly sending 485 denial notices to applicants whose approved i140 was revoked by previous employer. Who knows what sort of abuse will USCIS resort to in the future against EAD.

    To prevent this we should work towards an administrative fix that once the 485 application is pre adjudicated the applicant should be left alone and not issed any Employment verification letter rfe, or semilar\same job restrictions if they are back logged because of country quota and face multiple year wait.

    Instead of Interim GC we should demand that once Labor and I-140 is approved remove the restriction wherein a person has to stay in same job type until GC approved in other words allow the person to take any job while I-485 is pending. This will be a big benefit and logically makes sense. If this happens than GC wait will not pigeon hole people's career in one job and allow them to grow and contribute to economy.



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