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  • mbawa2574
    02-15 01:43 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.

    Yes skills don't need a cap. If I am a business owner, I have all rights to hire best and brightest in the world. It is my choice whom I hire not Government tells me where to go for hiring. Business may hire from India or Antartica, it should not be anyone's damn concern. Let the free markets work !!! This is insane





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  • sapota
    02-12 12:52 PM
    atleast for people from India. esp. EB2





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  • Legal
    07-25 06:36 PM
    Yeah Ron Gotcher is speculating, but there is some credibility to what he is saying. He did predict the rapid movement of PDs toward the end of the year, in fact at one point he was extremely optimistic more than what happened to date. So he did have some insight into the inner workings (or rather non-workings!) of the USCIS. He also openly shared his interaction with Charlie Oppenheim.
    This is why people should not get so excited now. What EB2I got is a little hope, for most it will be false hope, a select few have green hope, but we will only know them by Sept. in retrospect.
    For the rest of us it will be back to the drawing board, oops message board. My feeling is things are likely to be somewhere between the extremely pessimistic projections of Ron Gotcher and the extremely optimistic projections of VLRao.
    I suspect the PD will move back to the April 2004 cutoff and then move forward slowly as spillover allows, so in other words at a rate faster than in the past. I stand by my view that we will need most of next year and perhaps some of 2010 spillover to quench the thirst of EB2I and C.

    I don't think the point Ron made that if everything was current it would take 5 plus years for USCIS to clear the back log is correct. If it really is the case then we are more badly screwed than any of us realise and it goes totally against the statistics the USCIS has been leaking about the number of pending cases. Which many of us have number crunched already.

    The argument that EB2-1 PD will retrogress to 2002 or 2004 does not seem to be based on numbers, but a random speculation. Doesn't not undermine vdlrao's projections in a credible way


    Spillover may not be there, or may be there but when the new quota opens up October 1st, new minimum numbers will be available for EB2-I. Worst case scenario, dates will remain static or very minimal backward movement. It looks like the black hole is the time between late 2004 and early 2005, pre-PERM.Other than saying there is massive inventory of backlogged cases, Ron has not given better/ actual numbers of likely pending EB-2 I cases.





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  • nandakumar
    05-11 08:32 PM
    What is treason here, did I betray India? did I sold India's secrets to some other country?

    For me it is personal, my kith and kin are getting killed (talking about innocent civilians and not the LTTE) in Sri Lanka and India is actively supporting the Govt of Sri Lanka with weapons and other things, India can leverage its power to stop Sri Lanka to fight until Tamil civilians are cleared from the war zone but deliberately India is not doing that.

    I abide by the constitution of India but at the same time I cannot be silent when the country leadership is pursuing a wrong policy, that I wouldn't have protested if India never involved in the issue ever but India used to be actively involved in the issue and has stake in it.

    In my case, I came here to study and got an opportunity to work and decided that US is the best place for my career and applied for GC, eventually I might apply for citizenship but with this issue I have another strong reason to pursue my GC.

    Just for argument sake, If one believes that their country of birth is pursuing a wrong policy, they can choose to move to a different country rather than living there and blaming it at every opportunity . What is wrong with it?

    History is full of so many examples


    Jews from Nazi Germany
    Oppressed from communist soviet union
    Cubans from Fidel Castro regime
    Sikhs from India
    and so on and so forth


    If you or some one is curious, just to introduce me. I'm member of IV from Feb 2006, I participated in all the IV initiatives, besides check my entire forum history to see any where i had showed dissent towards India or for that matter any thing desperate except for free riders in the forum. This issue is personal to me and I have strong opinion on this.

    It's not about showing resentment. Being able to protest is a fundamental right in a democracy, unlike a dictatorship which essentially the LTTE is. We do that everyday in India, America and other democratic setups. It's quite clear that you don't understand the basic concept of a pluralistic democracy that India and America stand for. To see what's wrong with what you said, let me quote you back :

    Now if you don't see anything wrong with that, fair enough. But I do. I don't see resentment there. I see treason. In fact, I'll probably come over and party with you when you become a USC. That day will be as happy a time for Indians to not have you around as I'm sure it'll be for you.

    To respond to your other post...and FYI

    Check this link or goolge to know more about US flag burning protest

    http://en.wikipedia.org/wiki/Texas_v._Johnson

    Dude, you are seriously delusional. The day you try that stunt with the stars and stripes you'll be on Limbaugh, OReilly, Hannity, Glenn Beck, you name it. I don't agree with them but will still love to watch that unfold on TV.



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  • belmontboy
    05-29 06:37 PM
    I have been saying this for the past one year, let us forget everything else, let us not come up with new rules or ideas or suggestions (new quotas, fraud detection, sue USCIS fund, exteneded APs etc). Focus all our energies on the one issue that will help everyone from all affected countries....Recapture of Unused Visas.

    Recapture campaign will not divide us in EB 1 Vs 2 Vs 3 or countries. Over the past year a number of people have quit because of the bickering.
    Recapture has a precedent because it was approved by Clinton earlier.
    Recapture is free of country caps and it does not affect the existing visas. Murthy's article mentions that 120k are stuck in limbo and we know that there are around 400k visas available...i dont know what more motivation people need to fight for this issues.

    On our own each one of us can do the following:
    a) Try to arrange a meeting with your congressman and senators
    b) write a letter to all members of the Judicary committee

    after that do whatever IV tells you to do

    If its recapture, then so be it.
    BTW, 120k is just indians. What about chinese, mexicans??

    instead of try on our own, why don't we group ourselves - as someone suggested 100-150 should be good enough.
    Lets group and mail president, chief of staff, your local senator, and few others (who favor legal immigration).

    can some good english pundits draw a sample letter highlighting our cause and need for visa recapture?

    Also lets have a poll and get list of participants.

    The plan shall be mail one letter to each every week. All it would cost you is a printout, an envelope, a 42cents stamp and 5 minutes. Its not too much asking though

    Any body has better suggestions?





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  • thepaew
    03-27 11:53 AM
    Smart Money is on Kumari Mayawati

    Boss, remove Atalji. He is on bed for last 8 months. So no chance for him.
    Sonia Gandhi is out of question as people will not accept her.
    Rahul is a baccha ( KID ) in front of all those stalwarts ( old and experience wolves ).

    Contest should be only between MMS and Advani.

    Though i would have loved to see Modi on PM HOT seat.



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  • ryan
    08-18 10:44 PM
    I'm not from India, so you know how non-Indian will look at this issue..

    And it goes on and on for 66 mins or 2 hrs until he finally realize that he's a nobody in US.

    This is the kinda thread that non-Indian will laugh at. There's lots of non-Indian that goes to this public forum (such as me). Just trying to help IV to not lose credential just because of this sorts of "indian" exclusive thread.

    I agree / hear you. The post is laughable, nevertheless if you read through the comments, you'd see being 'Indian' does not equate to having similar views. I think the majority of Indian folks who leave their homes / loved ones to make a living have more intelligence and substance to them than the bozos in 'bollywood' - a national and an international embarrassment. Admins, please consider removing this post.





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  • kumar1
    07-10 10:34 PM
    I forgot to mention something - If you have worked here for 7-8 years, do not go home till you complete 10 years and accumulate 40 points in Social Security System. Once you have 40 points accumulated, you are entitled to get your money after the age of 65. I have spent 7 years and I have 28 points in the system. May be that's why H1-B was only given 6 years, you pay Social Security, Medicare and get nothing but a thank you from both the systems. I will make sure that I get 40 points and then only I will make a move. And yes, whether you are Indian/Pakistani/Polish.......does not matter, you accumulate 40 points, you will get the benifit. If you do not believe me, go to http://www.ssa.gov/immigration/

    Guys, let me know if you feel otherwise.



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  • at0474
    12-13 11:35 AM
    Discrimination in employment based on nationality is not allowed. However, can we extend the argument to the employment based immigration? We can always choose to take that promotion though we will lose our place in the queue.

    Leaving the question of fairness aside, under the current legal framework my guess is we do not have a case.

    --I think, per country quota system was framed with diversification as underlying principle, not discrimination.

    Depending on which country you are from, it may seem like discrimination or fair system upholding diversity.

    If you are from India, you would hate it. There are truckloads of programmers in that country. But if you are the only graduate with programming skills from a country like timbaktoo (?), you would love it. You also got a shot at american dream.

    This EB quota system reminds me of Caste reservation system in India. To some that is fair, to others, it is unfair. Depends on which side of the fence you are.





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  • _TrueFacts
    09-04 11:53 AM
    If not today, every one will get GC tomorrow. Members of IMV or not.

    But that shouldn't stop us from visiting this site.

    As for deleting my id and this thread. If it it happens then it emphasizes the fact that IMV is no different than corrupt YSR.

    If you guys(dealsnet, breddy2000) can't make any sensible contribution to this discussion..keep away from it.



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  • BharatPremi
    12-13 01:49 PM
    If per Country Laws are removed in issuing Green Cards, then 90% of the employment based Visa's will be given to Indians and that too in the IT Sector.

    Mostly the country will be Indians, chinese, mexicans . The Law makers don't want to colonize America.

    There is a lot of stress that was done in making that decision

    You can challenge this but i would say, you will never win it.

    You can challenge the State but cannot win it.

    Yearly permitted H1s - 65000
    All EB ased GC applicants: 500000 (Approx.)
    As per you theory: 90% Visas will be given to Indians :eek:
    US Population: 300 million (Approx.)

    Do the math and prove me how it will be colonized ? And define the word: "Colonized"... as you were also talking about chinese and mexicans..

    yes, aim seemed to be control the Genetic Pool but your statement is way streched...





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  • alisa
    07-04 10:57 AM
    I am sick and tired of cookie cutter responses from lawmakers staff. They have a standard template, that starts off with how concerned they are that the immigration system is broken, and their concern for American companies and workers and H-1b.
    Enough of that freaking rubbish....

    Lets send them letters, and specifically ask them
    a) Do you condemn USCIS/DOS behavior, or do you commend it?
    b) Do you sympathise with the plight of the employment based greencard applicants or not?
    Finally, say that their response will be posted on online public forums so that it can be shared with other employment based greencard applicants.



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  • BharatPremi
    12-13 02:21 PM
    Well, interesting topic and here are my 2 cents.

    i just googled for a minute, for the definition of "Equal Employment Opportunity" by Federal Government and the result is as below
    [U]Equal Employment Opportunity (EEO)
    ......................
    Satya
    India / EB3/Nov2003/

    They prefer to kid us saying "hey non immigrant,you are not a citizen yet"





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  • chanduv23
    07-04 11:43 AM
    I am writing this letter to Mr Obama who is front runner for President's office in next year election. I tried to be simple and direct. Pls let me know if you have any suggestions. I will also talk to his office tomorrow. Pls let me know if you find anything irrelevant.

    -----------------------------------------------------

    Dear Senator,
    I am legal resident alien working in USA on H1B Visa. I am waiting in queue for my Green Card.

    The way process works is my employer applies for Labor certification. Once it is approved by Department of Labor I file for I-140 and I-485 which is last step to adjustment of status and gives me Green Card. I rely on Department of State (DOS) for visa dates to file I-485. When I move to this stage, I bear expenses close to $3000 for completing application process itself.

    Recently on 13 June 2007, DOS issued Visa Bulletin (VB) stating that all visa dates are current for (almost) all employment based immigrant categories. Since this is the only information me and my employer rely to start application for I-485, we started the process. We collected all documents, took medical examinations, paid attorney fees and got the document ready to be sent over, as was expected by DOS and USCIS as part of the process. I am not going into details of the hard works, sleepless nights, leaves from work and expenses as part of this effort.

    When my employer was about to send this package to USCIS, DOS came out with revised Visa Bulletin. In this they revised the earlier Visa date availability. USCIS followed the suit and decided to reject all applications, which they by their 13 June 2007 proclamations were ready to accept. This might be trivial thing for DOS and USCIS but not for me and thousands like me. This action of USCIS has no precedence. That is against its (USCIS) regular processes and guidelines and smacks of disrespect for its own procedures, guidelines and we immigrants, who rely on it.

    This is not just emotional trauma for me and my fellow immigrants but a major financial loss worth $3000/per person applying.

    In the end, my question to US Congressmen, USCIS and DOS is who is looking at impact to us? Were we wrong when we followed DOS Visa Bulletin on 13 June 2007? If not, why we should bear the financial and other losses? We are legal, law abiding residents. Does being good residents make our trials and tribulations meaningless and irrelevant for laws and departments of USA? To me it sounds unfair and unjust. Please let me know your thoughts and what you can do to alleviate my trust on American Immigration System and Departments devoted for that.

    Dear Senator,
    I look upon you as Future President of United States of America and will be very glad to receive your reply on this issue.


    Thanking you,


    Yours sincerely,



    ----------------------------------------------------------------

    thank you guys and keep up your efforts without losing your cool and of course without losing your hopes.


    Good one - contact macaca or sertasheep



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  • Macaca
    01-18 08:44 AM
    Law clearly tells that there should be valid job position for H1b at the time of filing. For consulting bodyshoppers will bring persons here and search for job. That is clearly violation of law.

    Contract job has to be filled in weeks. But, it takes months and years to get H-1B approved. Thus, contracting is inherently speculative. This means, start date of a new H-1B contract and all following contracts, are not guaranteed.

    Difference between Job shops and reputed Companies

    Indian body shoppers employ a H1b Persons and many of them are in hourly. No project then no pay. No pay in bench is violation of law and both employee and employer are willingly accept that. So our body shoppers are attractive destination for GC aspirants.

    The companies which follow rules are forced to pay bench or lay off. Companies may be under risk of heavy loss when there are too many people are in bench. That means companies which follow rules and regulations are making loss in tough times at the same time Body shops always make money and worst case scenario no loss no gain.

    The revenue generated by a contractor is from his/her billing only; it is hard to calculate this amount for a non-contracting company like Intel. All contractor overhead (salary, benefits: insurance, H-1B/GC fee, ) and company profit have to come from this billing.

    Still Desi companies are not following Labor laws.
    I know a company in OHIO still exploiting H1Bs ... but payroll being generated.

    Most (all?) US contractors are not paid on bench. Neither are they paid any benefits. (If they get paid on bench and/or benefits, it will be from the fixed overhead of their billing leading to smaller pay check: you are getting the same amount whichever way you want to spread it!)

    This inequality was known by everyone including USCIS.

    This means, that benched H-1B will stop getting paid on getting GC. Is this equality?

    The 20% fraud/abuse that Slumdog Ron Hira barks is violation of such garbage-based laws created by him and Matloff. Another one is H-1B can not pay (some parts of) his/her H-1B/GC fee.

    The only genuine laws are H-1B is paid (ignoring bench but including H-1B & GC overhead) below prevailing , company does not exist and H-1B is working in gas station (and increasing competition for Hira/Matloff's thorough bred US born asses).





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  • samay
    07-28 04:25 PM
    question for lawyer.
    please find my details and dates as per below. my questions are as below.
    thank you

    First H1b approval Date:08/28/2001
    First H1b Stamp: 12/04/2001

    first H1 transfer:notice date: 05/16/2002
    first H1 Transfer approval date:09/25/2002
    second H1 Transfer Notice Date:03/20/2004
    Second H1 Transfer Approval Date: 09/10/2004
    First Permanant Labor Apply date: 02/28/2005
    H1 Extention on second H1 transfer:04/01/2007 to 03/31/2010

    Filled I-140 in March 2005 after Labor approval from backlog centre.
    filled I-485 in July 2007.
    Got RFE on Ability to Pay in sep 2007
    Filled Motion to reopen which got denied.
    Another Company filled Labor in March 2008.
    Labor got approved in May 2008.
    Filling I-140 in primium ?????


    question:
    H1 expiring in March 2010. will my H1b get extended based on the new Labor even if the labor was filled after the six years limit?
    do you think filling I-140 in primium will help in this situation?
    Does the out come of I-140 affect any other new application from another or same employer?

    Your case is a bit complicated and to answer your question I will have to look at your papers and the reason why your motion to reopen was denied. If you want a consult with me please take an appointment by going through Pappu. Thanks.



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  • gbof
    08-15 09:13 PM
    I think this is a very good post.
    To add to this:
    This incident has nothing to do with India. It just happened that SRK was from India.
    After 9/11 we all know security measures are tight and rightly so.

    For them it does not matter if it is
    1. SR Khan who works in movies or
    2. XYZ Khan who is a computer programmer or a cab driver.

    If the name flashes in the computers they do the required checks.

    Do you feel people with Muslim sounding names are targeted more?
    No wonder, it is likely. DO NOT Blame USA TSA for that. Blame Osama Bin Laden for putting innocent Muslims through this.

    Add to this:
    Not even a single incident happened on american soil after 9/11 and credit for this goes to EFFECTIVE security system in place and this will stay in place because no body will interefere on this

    America is still fighting 2- wars (yes, Iraq and Afganistan mess is not over yet) BUT its citizen are still having very normal life - credit goes to home land security





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  • mirage
    03-27 03:17 PM
    If you forget all that Communal/Secular mudslinging for a little bit, here's an unbiased opinion about the performance of the UPA govt.

    http://economictimes.indiatimes.com/Opinion/Comments--Analysis/Fall-of-the-holy-trinity-MMS-PC-Montek/articleshow/4316378.cms?curpg=1





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  • dvb123
    09-14 03:07 PM
    1. I-140 premium processing will increase ROW applications
    2. 29 months opt is causing ROW applicants to bypass
    H1-B and go for GC directly
    3. Due to pre-adjudication Labor substitution applicants with substituted priority dates are in frontline
    4. Porting from EB3 to EB2 is being done for atleast 10% EB3 applicants with recapture of priority date
    5. Perm was introduced in early 2005 and lot of EB2 applications labors were approved in 2005

    Hence EB2 will not cross 2005. If it crosses it will come back in a month.





    AirWaterandGC
    05-10 07:13 AM
    Does anyone have a comment on this ?

    I do have my CA PR. Waiting for US GC, my CA PR clock is ticking. Once I am more than 3 years past in the CA PR card and if I still dont go to CA, I understand that my CA PR may not be renewed. My question is : Is is possible to at least enter CA for the last (during 5th) year of CA PR ? Also is it possible to re-apply for the CA PR once I am say 4 years done in my CA PR life without entering CA ? Gurus , please shed some light.

    On another note : I would request no one to make offensive remarks about a great country like Canada. It may not have as many opportunities as US has or be a lot more restricitve in providing licensure to some professionals, but please bear in mind that it has provided respect to some of us by making some of us it PR .... which the great US is still to bestow on us. Even when we have not contributed a single cent to CA or its economy while we have earned/contributed millions to the US / its economy.





    crazydesi
    05-29 03:55 PM
    Meaning of

    When asked about the potential cutoff dates for EB3 India, China, and Mexico, Mr. Oppenheim said that it would depend on the demand for these categories over the rest of FY2009.

    May be that he is waiting for more people to jump from eb3 ship to eb2 ship.



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