Tuesday, August 9, 2011

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  • jaithran
    01-14 09:24 AM
    First of all, I am neither a donor nor a person interested in spending any of my time & energy (Except filing documents and visiting forums like IV once in a while to check progress) in running behind this GC stuff, as that�s not my priority-simple. But I wish and would really be happy if I get my GC quicker as it got its benefits. Having said that, I am not against any kind of efforts volunteered by people/group, who are very serious about GC and I really respect and appreciate their efforts, but I think I have the freedom to express my sincere opinion.
    Plainspeak really make some sense here because sometimes just getting satisfied with a patch up solution would be a bigger disaster in longer run. As person being here in US for a decade and being in the GC Queue for half a decade, I strongly believe EB2-I is never going to be current anymore and EB3-I is never going to get any spill over from the DV bill if passed in its current format. So the option left here is either take whatever you get and hope for the best OR (EB2 and EB3) together fight/work for the right thing to happen, instead of being silent just because you may be a beneficiary of the current format, though it�s not right. I hope everyone here will agree and accept that the right thing would be EB-3 getting at least 50% of spill over whatever EB-2 gets. IV may not succeed in that effort but IV being silent can never be justified.
    Also Volunteering is something which you do for the benefit of others without any expectation and I really appreciate all the volunteers here for their efforts but, some of them often directly/indirectly pass derogatory comments on non-donors and non-volunteers especially when they differ on views and immediately they ask, how many congress men you met? � Which is inappropriate and it�s like saying either agree with what we say or shut up, if you are a not a volunteer or donor. And nothing wrong in you having a policy like that but in that case you can restrict the write access to only volunteers and donors. I am also totally against any non-donors/non-volunteers making derogatory comments on volunteers/donors as they deserve more appreciation than derogatory comments for what they do.





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  • rsdang
    07-16 01:22 AM
    So gurus,
    The progress has been better than this analysis - so where does this leave us?
    Any more thoughts?





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  • Marphad
    06-16 04:33 PM
    Nice well thought out arguments. This is the essence of a healthy debate.

    Guys,

    I don't understand why we are doing this debate. Dilip (citizen's representative - dilipcr) feels that living standard is going down coz of H1 & L1 people and not because of 2 wars we are fighting. He needs help. You can do it by not answering him.

    PLEASE STOP!





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  • Ramba
    02-19 12:22 AM
    Well discussion here. Under present situation (w/o any legislative relief) labor certification based EB folks, particulary Indians, cannot think of GC/485 for next 10 years. The problem here is, they are stopping the flood gate in 485 stage. If they (CIS/DOS) do not need high skilled immigrants, stop them in LC stage itself. Testing labor market in 2001, for a permanent job that is going to be assumed by a foreign worker only in (after 485 approval) 2010 is a joke. The best slution is market based numarical limitation without any country quota.



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  • voldemar
    03-27 10:22 AM
    My Q' was, if it becomes effective on 27th April, will USCIS reject all pending cases ?It depends on wording in final memo. Nobody knows what is there. The only text we know is that was published for comments. There could be changes after comments period. Without changes all pending sub cases (without approved I-140) will be denied.
    Edit: It seems that Murthy doesn't agree with me :). Let's see.





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  • Rb_newsletter
    01-15 04:08 PM
    I agree Teddykoochu.

    Think what will happen if they woke up one fine morning and start another new interpretation of an existing law and then later they start doing it retroactively; just imagine the cascading effect.


    It does not matter which side of the ship is taking fire. It seems to me that people on the left side of the boat are happy that the firing is only on the right side, forgetting it is the ship as a whole which is taking fire.

    This only reminds me of the famous poem by Martin Niem�ller which goes like this.

    "First they came for the communists, and I did not speak out�because I was not a communist;
    Then they came for the trade unionists, and I did not speak out�because I was not a trade unionist;
    Then they came for the Jews, and I did not speak out�because I was not a Jew;
    Then they came for me�and there was no one left to speak out."

    To get the gravity of the situation, substitute it with which ever suits you ! EAD/consulting H1/direct H1/AOS pending/485 not filed/EB3/2/1....etc etc.. Behind all these fancy terms, numbers and notations there are people, children and families who are going thru difficult situations.


    I don't have words to appreciate you. You explained it in one poem very very very well.

    Earlier they asked for ridiculous documents like photos with American colleagues, etc.
    Then they asked for client contract for 3 years, where no client sign a contract for more than 6 months in this uncertain world.
    Then they asked for work place fire safety approval docs.
    Then they sent contractors for work site visit.
    then 221g slips, PIMS delay, admin processing, technology alert, rfe for no reasons, H1-b extension for 3 months, back dated denial of H1,........
    Now they want to define the way of business practice.
    Later...only they know what they are going to do.



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  • pathiren
    09-28 08:46 PM
    Thanks for the response in advance.

    The question is:
    1) Can a husband (on H1) own a business and sponsor (H1 and greencard) his wife to work for the same business?
    2) Can an Indian company start LLC or any other kind of firm and own a business and sponsor someone- more specifically my dad (a major stake holder in Indian company) and this indian company starts some kind of LLC or inc (whichever is feasible) and sponsor my wife for H1 and greencard?

    I know its kind of confusing, but would appreciate if you can try and explore this.

    Thanks a lot!





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  • chanduv23
    06-27 07:29 AM
    It doesnt say anywhere that they can change PDs in the middle of the month. What they are saying is that based on data collected from the "total number of files at point of approval" they can change PDs. But it doesnt say that they can change PDs in the middle of the month.

    If anyone has a URL or source of information that shows the USCIS stopped accepting petitions in the middle of the month even when the dates were current, PLEASE POST THE URL OR SOURCE.

    Otherwise this is bogus information coming out of certain law firms.

    And this community is so scared that they have started seeing what they believe rather than believing what they see. The cynicism and psychosis has reached such alarming levels that people are seeing things even in Ombudsman report that dont exist.

    :D :D :D :D The most successful people in the world are cynics.
    People who initiate this kind of news - have been popular Attorneys. No idea why they do it - maybe to get more people to file and more money etc...



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  • bazuka6
    09-23 10:18 AM
    As completely unrelated these two issues are (from a law maker's perspective) on a normal day, these are possibly those times when each of these issues can help the other.

    IV has been discussing about the possibility of one for two solution (partial). The idea is to request congress to exempt EB applicants & their dependents from numerical limits of the Immigrant visas, if they buy a home. It is my belief that market sentiment is the most important thing in any financial market(s) and the housing prospects look pretty bleak. There are lot of members in the EB community that have NOT bought their own home, even though they could afford one because of the uncertainty with EB GC. IV's idea is to bridge the financial committees and judiciary committees in the House/Senate and see if corresponding Chairman/Ranking members are willing to listen. Things are moving so fast with the 700bn USD bail out plan and we will NOT have time to do things the normal way, through our counsel. We have to present this idea to the corresponding staff members of key members of congress (see list below) and see if this gets traction now or going forward.

    Please do not bring EB-5 discussion/comparison here. The proposed partial solution is different from EB-5 in that EB-5 investors invest money and we are investing in our future with a genuine intention of making USA our permanent home.


    If you already have a home, thats fine. Any such legislation will reduce the wait times in EB categories and we need housing markets to rebound for a safer economy before the ripple effects are felt every where.

    Who to write to

    Staff members(Chief of Staff, Legislative LA, Financial LA, Legislative Director) of Chairman/Ranking members of House/Senate Judiciary committee & Finance/Banking committee, Staff members of your representative and your senators. Please find staff members of the committees in the spreadsheet (http://spreadsheets.google.com/pub?key=pptN-jEpAiyd3snslhPjBfw).

    You can find your representative & senator staff members on this website (http://www.outsourcecongress.org/outsource/congress/schstaffers.html).

    Please use valid email addresses and NOT fictitious/junk mail. It undermines the whole purpose and our emails will be flagged by mail scanners / spam checkers as some thing similar to famous Nigeria bank account scams.


    Email Subject: Proposal to alleviate current US Housing/economic crisis

    Content/Message

    SUMMARY

    This proposal alleviates the current US economic crisis, by motivating the US high skilled, legal immigrant workers to purchase homes. The size of this immigrant population is approximately 800,000 individuals. This effort if successful would inject up to US$ 20Billion approximately into the economy (approximately US$ 100 Billion in houses sold across the country) , while at the same time directing this money into the root cause of the economic crisis � the illiquidity of the national housing market. The above calculation is done
    assuming a median US home price of $212,400 and buyers making a down-payment of 20% of the cost of the home. Roughly estimating 400,000 buyers.

    BACKGROUND

    Undoubtedly, we are all devastated by the shake up on Wall Street in the past 15 days. Experts agree that the underpinning problem is the housing crisis caused by sub-prime mortgage loans. Many of us, who cannot afford our monthly mortgage payments are losing homes and putting them up for sale and foreclosure, which further adds to the crisis. At the same time, most of the Employment-based (EB) immigrant community would like to purchase homes and make the United States a permanent home for their families. These EB immigrants however, are living in a state of limbo, mostly in rental apartments because of the delays and uncertainties involved with the EB immigration procedure. The wait times in EB categories are exacerbated by the delays in processing by USCIS, even though eligible applicants have filed for Permanent Residency also known as Adjustment of Status. Such processing delays have resulted in the wastage of 218,000 immigrant visa numbers (Page 52 of USCIS Ombudsman Annual report 2007). The current Department of State visa bulletin shows 7+ years of wait times in certain categories. We strongly believe that legislation can be worked out in such a way that the housing markets all over the country can move towards recovery, while at the same time motivating the Green Card applicants to catalyze this recovery.

    It should be noted that this proposal by no means brings more immigrant workers into the US. The workers in the EB, skilled category are already present in the US, doing skilled jobs that no US worker is available to do. They are part of the long queue of backlogged cases that USICIS will eventually process; however, this wait can take years and in that case could not be used as a tool to minimize the course of the current economic crisis.

    SOLUTION

    Congress can pass legislation that exempts EB green card applicants and their dependents from the numerical limits of visa numbers, provided applicant(s) have bought a home making 20% down payment on the sale price of the home, for a time period deemed necessary by the congress.


    How can Employment based Immigrants help alleviate the housing problem?

    (1) Employment based immigrants are highly skilled and are employed in occupations such as Software, IT, Health care, Energy, Finance, Education and Research & Development across the United States.

    (2) Average income of these individuals/households is around 65,000/130,000 USD.

    (3) All these Employment based immigrants have gone through Department of Labor�s recruiting process, which certifies that there is no willing, able and qualified US Citizen to do the job.

    (4) Most of the Employment based immigrants have excellent credit history and good source of income to make the payments needed for their home mortgage.

    (5) By requiring a 20% down payment from this group of buyers, Congress can directly channel this money to where it is need most � at the banks.

    (6) Employment based green card applicants have been living in the United States for 6-8 years. Many of them have US graduate degrees in their fields of expertise. These applicants are well versed with the American culture and will not change the cultural landscape.

    (7) Financial burden on US government and treasury will be reduced drastically if the glut of houses in the market decreases.


    As a member of the community that wants to make the US its permanent home, I want to contribute to a solution that helps USA and US during these tough times. I sincerely believe that the 30 year commitment on mortgages by Employment based immigrants in the housing market, backed by solid, risk free mortgages can turn the down ward spiral in the housing market into a upward spiral.

    END OF CONTENT

    Great Draft ..Thanks IV





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  • BharatPremi
    05-17 10:27 AM
    Your statement completely misleads and not true.

    SL Tamils are not immigrants but are the native sons of northern part of the present geographical area known as Sri Lanka. Before Europeans came more than 500 years ago to Sri Lanka, SL Tamils had their own kingdom but when finally British left, they left the Tamils land and fate with the hands of the narrow minded majority, who started to discriminate ingenious Tamils left and right.

    Of course as you said, there are Indian Tamils in Sri Lanka who were taken by British to work in the tea plantations. Besides, Muslims in Sri Lanka also speak Tamil but they don�t usually associate racially with Tamils and maintain separate identity

    Current issue in Sri Lanka is between native Tamils and Sinhalese. Indian Tamils factor very minimal in this conflict.

    Please do some research before putting things in historical puerspective.

    You contradict yourself while saying "Your statement completely misleads and not true". I am saying this because you preferred not to comment on "Sinhala" part of my statement. So, should I safely assume that you are in agreement with that part? I agree with you on one thing as in my statement I did not enlist all probable historic migrations of tamils in past for an example during Chola invasion or at the time of Prince Vijaya.. But still I would say there is a truth in my statement as tamils were never been in such a huge proportion of sri lankan population in history. Today's almost 18-20% of tamil population in Sri lanka is due to the large scale migration happened during British time period. And yes if stick to the truthful definition of "native" neither Sinhala nor tamils are the natives of Sri Lanka as both ethenic groups have been migrated from India to Sri Lanka at some point of time in history. And we can not change the definition of "native" in every century. Can we?:)



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  • kalyan
    07-21 04:12 PM
    If PD moves to last quarter of 2007 within a year, then there would be no candidates (EB2), since all will still be stuck in PERM audits which will take 6-12 more months to clear + I-140 processing time.

    So, they move PD dates faster but freeze PERM apps. I am confused:confused: Any insights?

    where are they freezing perm Apps. Mine was filed in march and got out in May '08. This was my first LC.

    I am glad they cleared in 2 months. I know couple of guys who got out in 2 months for their LC.

    There are lot of people who filed after Augst 2007 but not that many as influx when everything is made current.





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  • gvenkat
    02-13 01:57 PM
    Per country quota is what is killing India/China.. and that is the fact.. on an average ROW person waits for 3 years whereas India/China wait for eons.. as WD said if some one wants diversity go apply for a lottery or for better seek asylum... :mad::mad:



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  • sumagiri
    07-23 02:07 PM
    that EB3 quota has been used up for this fiscal and will re-open in October only. I assume you're wondering whether some FB spill over would go to EB3. If that's the case they wouldn't have announced EB3 quota is over.

    Legal, Thanks again. Also that is where exactly is the contradiction in analysis.

    In my understanding, they must apply any spill over to EB3 too. EB3 gets 28.6% of total quota (Including spill overs). If some one is sure that it is not the case, please correct me.

    If spill over was already applied and if EB3 will not open up again, then EB3 already got its share of spill over and EB2 also used up some part of that spill over, so only part of that spill over is left for the 2 months.

    If spill over is not applied yet, then EB3 should get 28.6% of what ever is spilled over to total EB quota. Hence EB3 should open up again.

    Please note that I am not making this complex. I am only pointing at complexities.





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  • Abhinaym
    01-15 02:44 PM
    Add hassles to businesses. Appeal to xenophobic voter bank.



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  • sunty
    06-02 10:09 PM
    If we do file a lawsuit against the discriminatory country-quota laws in EB immigration, in worst case scenario, even if we loose it might help highlight the issue and send a message to Washington that we are serious and we mean business. And the judgement might help us at-least get the recapture visas back if the court is made aware of our plight.

    IV has spent so much money on Patton Boggs etc. . Maybe its time we think about this option as well. Maybe this method might work as clearly other approaches have failed and we haven't gotten anything. And before the IV loyalists jump on me and ask me to contribute first, yes if there is a lawsuit by IV, I will happily contribute my half-month's salary to the cause.





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  • senthil1
    06-12 06:57 PM
    Grassley bill will not close the door for immigrants but will decrease substanially from 200k(H1+L1) to 80k. But retrogession will go down and those 80k will have less problem in getting green card. You can chose whether to allow unlimited L1 and 125K h1b and 10 to 15 years waiting time or allow 30K L1 + 50K H1b and 3 to 5 years waiting time in green card. Which option will be better for you? If your skills are not good certainly you will not want any restrictions. If your skills are excellent you will survive whatever restrictions they put. They cannot reduce H1b below 65k as that is a part of WTO. So there is no one can block H1b program.

    Dilip,
    First, the rant on low wages does not hold water. The employer need to pay prevailing wage which is mandated in the LCA. If some employer does not pay that, employee can (and should) complain to DOL

    Second, you mentioned that you were employed for 2 days enabling you to file 485/EAD and thus you should not be termed out of status/illegal. If a company hired you for 2 days just to allow you to file 485 with no intent to have a job ready for you in future, the company and you commited immigration fraud --- a bigger problem. Also, you cannot invoke AC21 to switch employer before 180 days after you file 485. So, it still remains a mystery how you moved out just after filing 485.

    Your favor towards Grassleys bill shows you just want to close the door. Grassleys bill, if implemented will make it very difficult for even legit employers to get H1 employee. It is a kin to almost closing H1 program out of which you benefitted.

    Also, did you ever floated such ideas when you were on H1 ?



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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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  • qvadis
    12-13 05:28 PM
    Folks,
    Since this can potentially be a great win for us, why don't we take the advice of a top constitutional attorney.


    Note that it would certainly not benefit the other 60%+ from countries other than India that are also stuck in various steps (EB3, name check). So, unless you want IV to stand for IndiaVoice, you should concentrate your admirable effort on increasing the overall quota (with increased per-country quota), excluding dependents, etc.





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  • unseenguy
    06-12 01:21 AM
    If you have seen any companies misuse the H1 and L1 visa, you can complain about them. Dont go screaming around that the whole H1 and L1 program is bad. Its because of people like you that a whole group gets a bad name due to some rotten apples. Btw, all your arguments dont seem to help the IV community. Why are you even here on IV if your idealogy is not aligned with IV ? If you cant support us we dont need suggestions from a traitor like you.

    He has not learnt his lesson. Let him figure out why he was laid off thrice.





    snathan
    08-18 11:22 PM
    sorry, I love preaching.

    by the way I was referring to "the guy who thinks americans think he is a slumdog...." not you or everyone. But then again you think that I think that you lead a life lower than average. If you think you agreed with me, instead of calling it obvious being defensive and, just agree with me. OK? And get that chip off your shoulder as well.

    Can you tell me what do you think finally and what others supposed to think about it...:D





    Marphad
    06-08 11:08 AM
    employment based is just one part of the immigration thing. If you think EB immigration is important - there will be thousands of opinions from people who will say why other immigration is also important.

    Actually as per government's official point of view, EB comes on second priority than FB. Family union always comes on first priority.



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