Sunday, August 7, 2011

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  • vjkypally
    09-15 08:39 AM
    We need to fight against this fraud by outsourcing companies who file for EB1 for their so called managers. IV needs to take this up with USCIS.Year, TOT_LBRS, Certified, LBR_INDIA PD_>_10/1/2001
    2000 074048 70204 ????? 0
    2001 082139 77921 ????? 0
    2002 089168 79784 ????? 7873
    2003 095299 62912 ????? 25956
    2004 098866 43582 ????? 26569
    2005 014253 06133 01350 6133
    2006 105960 79782 22298 79782
    2007 098753 85112 24573 85112
    2008 061997 21092 07198 21092
    Total 720483 526522 55419 252517



    http://immigrationvoice.org/forum/forum2-retrogression-priority-dates-and-visa-bulletins/23813-perm-labor-data-analysis.html


    In 2005 there are a total of 01350 labors certified only for India.
    In 2006 there are a total of 22298 labors certified only for India.

    The other important thing here to note down is there are many outsourcing companies out there filed/filing GCs for their so called managers in EB1 category.





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  • gomirage
    06-12 10:30 PM
    Exactly what I had tried to express, you have succinctly put them in numbers. Thank you

    Both of you are missing the point. No matter how you spin it, 140,000 people getting GC per is better than reduced quota of say 80,000.

    Have you asked yourselves how you would fare if H1B program did not exist. I am not saying that you will not get GC without h1b and EB programs, sure you could go the uggly way, getting married to the fat lady in your apartment building for example.

    To sum it up I would take long wait compared to no program or a nobel-prizes only program, any day of the week.

    peace.





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  • _TrueFacts
    09-04 11:28 AM
    Wow!!! this is just crazy>>>

    Over 100 die after YSR's death, son appeals for calm- Hindustan Times (http://www.hindustantimes.com/Over-100-die-after-YSR-s-death-son-appeals-for-calm/H1-Article3-450319.aspx)




    People dying for corrupt politician..God Save India





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  • alisa
    02-18 11:49 PM
    I think we can make some very credible and good arguments for ourselves.

    a) The changing demographics require an increased level of immigration. It is upto this country to decide if it wants semi-skilled immigrants (Indian cooks and gardeners) and their siblings/parents, or high-skilled immigrants.

    b) It is not really the smartest thing in the world to bring people here from foreign lands, let them work here in high-tech fields, and then send them back after 6-10 years so that they can compete against Americans from OUTSIDE America.

    c) A lot of EB-based immigrants have been to American colleges and have graduate degrees. Again, see (b) above. Not the brightest idea to have this American-educated and trained high-skilled manpower forced to go back to India and China, the two main US competitors.
    Atleast, not if you are America.

    Bottomline is this. If there have been abuses of the system, and any system will be abused, then those need to be fixed. If there are loopholes, they need to be plugged (and people will come up with more loopholes.) But the USCIS should not throw the baby out with the bath water. Either this country values high-skilled immigrants, or it doesn't. The high-skilled immigrants need to know this, so that they can make decisions in their life. The incompetence of USCIS can't be the instrument of public policy making.



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  • Vishal2007
    05-02 12:46 AM
    read Indian history, you know how Gandhiji is self-fish.





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  • thomachan72
    01-13 09:39 PM
    Do you think with a cordinated effort on part of the IV members that we could/should write a well drafted letter to the USCIS to not target H1b worker for the cause of unemployment. Highlighting the various well researched articles that clearly say that H1b creates/retains jobs and the more they target H1b the more employment is affected. The real problem is outsourcing.
    I am just trying to put a thought out into the forum. Let us see what the IV leaders say. Somebody said that AILA was working to halt this process maybe we should write to them and extend our support first??



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  • jkays94
    05-25 12:28 PM
    At what stage do you have to prove funds? Is it in the form of bank statements?

    Yes, certified/notarized bank statements or letters. In my case a 3 line letter on bank letterhead from my bank stating the holdings in the bank was sufficient. It is a good idea to demonstrate this at the beginning of the process. I know of someone who did not have all the funds at once and they wrote a letter explaining that they had $x amount at the moment (which he showed by way of a bank letter) and that by the time his application was to be finally decided he would have the full amount. After his initial assessment, he received a letter asking for his medicals and updated financials. His process completed in 9 months.





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  • samay
    08-03 07:24 PM
    My I 485 is pending(July '07 filer.) When applying to a university, how should I indicate my status? There are not many options to choose from: permanent resident, resident alien, international student, or other visa type.

    Thanks!

    You can chose the option of other visa type and state your status as I-485 pending or parolee.



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  • JazzByTheBay
    02-15 10:44 AM
    You can pack your bags and leave. You are here by your own choice, and work within the legal framework of the country. You are free to leave when you please.

    The slavery argument doesn't hold.

    jazz

    Modern Day Slavery in the 21st century

    Any person who is restricted from making travel choices, employer choice, personal choices beneficial to himself and his family, just because his employer or the goverment is restricting him in some form to make monetary benefit for itself, is called a slave.
    I have reached the critical mass in me to take this up on my own, any legal advice and moral support from you guys would be appreciated.

    Thanks





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  • Googler
    02-15 10:28 PM
    My friend, I'm not trying to fight you. All I am saying that you cannot file a class action against USCIS because they have not done anything wrong. They are just following the law.

    If you really want to have this change, it is the US congress that you can deal with.

    As I've said, I work for a law firm.

    Why don't ask your immigration lawyer first regarding the "class action" you are talking about.

    (1) There was no shortage of laypeople and even attorneys who asserted that "USCIS isn't doing anything wrong they are just following the law" when it came to FBI name checks. Fortunately for all of us sharper legal brains and sharper judges prevailed, and brought us to this happy day.

    (2) On Class Actions: Villamonte, have you read the Mocanu decision (http://www.bibdaily.com/pdfs/Mocanu%202-8-08%20LEXIS.pdf)? If not I encourage you to do so -- that was just individual cases being consolidated, but the situation is not very different -- you should pay particular attention to the part where Judge Baylson recommends a multi-district class action litigation to deal with all the other name check cases (see p. 16, para numbered 6).

    The parallels between the those cases and the one being proposed are very strong.

    Judge Baylson is not the only judge who has recommended a class action approach to these issues. IV members should also be aware that all we need are a few named plaintiffs, it isn't as though every IV member or even everyone wanting to sue needs to be a named plaintiff. All the judge needs to recognize is that there is a large group of applicants with same or similar grounds for suing USCIS/Emilio Gonzalez. Edit to add: IV the organization doesn't even need to be the primary plaintiff, since that will necessarily cutoff any parallel discussion with the agencies. The IV forums are just a place to organize this.

    (3) Preliminary Ideas on the Grounds for Suing (courtesy lazycis):
    The grounds for suing USCIS is the same as in Gonzalez v Howerton -- (a) interpreting the law incorrectly (b) not following the statutory requirement that they use up all the greencards available in a given year and therefore being guilty of affirmative misconduct. At the very least, a judge is within his rights to make them make amends -- by recapturing 2003-2004 EB greencards, since they wasted them as a result of their affirmative misconduct -- they waited for name checks or simply not processing applications - no one can say there wasn't an application backlog in 2003-2004.

    (4) First Steps
    What we need here is to get this matter before a good legal strategist who is familiar with (a) the two sources of affirmative misconduct (FBI name checks and cessation of processing in 2003-2004) (b) precedents and caselaw (note that most immigration law firms are good with filing paperwork, but not necessarily complex litigation, so forget about the usual suspects.) The perfect legal argument will not sprout up immediately. In the same way that the legal arguments in the name check cases were honed over time (lazycis can confirm this), this too will need some serious research and thinking.

    Those of you who want everything about this case sorted out, signed, sealed, guaranteed and delivered this week will need a reality check. :)

    As will those of you who think that the way to approach this is to discuss these issues without familiarizing yourself with facts and legal precedents in some detail (so arguments about slavery etc are not the ones that will win the day in court, it is arguments that can show that USCIS was not interpreting the law correctly and in doing so caused harm and that the harm can be remedied through recapture.) -- if you want to see how a case like this will work read Mocanu and Galvez. This case will not be a dramatic movie-style civil rights case about slavery, it will involve the most tedious sort of nitty gritty discussion of admin misconduct.

    OTOH, for most of us, all we've got is time -- I do not foresee my Jan 2003 EB-2 India PD becoming current any time soon. I'm prepared for a long legal battle. I'd rather do something constructive** that will likely change the process than sit and wait and mope.


    **: Yes, I've sent off my letters too. I think of these two things as complementary projects.



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  • jackrabbit
    03-26 04:37 PM
    Has it passed? I cant wait for it to happen. Once it does, I will feel more confident leaving my employer knowing....





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  • raydon
    08-17 11:25 AM
    Does president OBAMA come through US port-of-entry and all the security checks when he lands on US from a trip abroad? or does he land directly in white house? Don't tell me the US officials don't make exceptions. Only the degree to which they do differs from country to country.

    President Obama travels by Air Force One and might not go through regular airport terminals like the rest of us. For the US, only heads of state of countries are exempt from security checks. So the current Prime Minister and President of India will not go through security checks. Note, this holds good only for current heads of state. Abdul Kalam was a head of State, but not during the time when he was searched by Continental.

    Btw, the list of VVIPs in India is ridiculous, like the whole Sonia Gandhi family, including her son-in-law.



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  • cinqsit
    01-15 12:20 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.

    Ok I will shut up now. Sorry didnt mean to anger anyone I would be worried too if I would have been in this position. Good luck to all and hope IV, AILA and others can
    help all of us.

    cinqsit





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  • sadshaq12
    10-26 09:42 PM
    I got I140 RFE last week
    Thhey are asking for 2000 tax return because case was file in 2000
    tax return is about 29k which is lower then my prefered wages
    my lawyer says he will file bank statement for the company which is enough but still i am not satisfy
    please share your info and advise

    THanks



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  • McLuvin
    06-17 01:54 PM
    Dude, i agree with you... All about dumping/low cost labor/yours BITS/MSFT talent...

    Get my point right... you are getting old and you are scared... you are feeling insecure... you DUMPED 100k :) for YOUR MBA program.... dont shit bricks... dont worry.... when we who need to feel insecure are doing ok.... I think solely considering your status.... you should go have a ball... oh i forgot your MSFT/BITS stuff...

    Karthik S

    I am simply stumped at the level of comprehension of the folks right here. Let me summarize my views as points and hopefully I will get through to you guys

    1. My mention of BITS was not to prove that I was the best and the brightest. It was to prove that my education was NOT subsidized by the govt of India directly or indirectly. Remember passing out of any university doesnt confer the title of the best and the brightest. Unseenguy - If you have kicked the ass of IITians, bitsians etc then consider yourselves genuine. Why this unnecessary trip down "Not confident about myself lane" ?

    2. My mention of MSFT was again not to prove that I am part of the best and rightest. It was to prove that I came here not with the value proposition of low costs but with the value proposition of hardwork and some talent. I did not compromise on my pay or did replace any native employee. Oh BTW I left MSFT in 2000

    3. My mention of the 3 layoffs and my journey was to inform you guys that whatever is happening now is similar to whatever happened in 2001. I wanted to calm down the nerves of the genuine people. Without reading and comprehending the posts, I get responses like that I was an illegal. Remember I was taken back in for 2 days, 485/AP/EAD applied and my jobless days were with my EAD in hand.

    4. One of the reasons, I am against outsourcing companies is that they dump low wage workers. If you guys are aware, every country, including India and US, has anti dumping laws to protect local industries. I am not against offshoring or outsourcing but I am against dumping. Some posters have questioned how I would be affected by all this if I were the among the best and the brightest ? Valid question to a good extent. If you realize that as you age your speed and dexterity at which one adopts newer skills start waning. How long do you think that upgrading skills in a single industry would be possible when you are going to be constantly competing with walmart style options ?

    For now I have chosen to enroll myself in an MBA program and I am hoping that my skills wouldn't be diluted. Think about going to school at age 35 with the responsibility of family and kid. This is my last ditch effort in upgrading my skills because it involves a substantial ownpayment. I am not sure about you guys but a 100K investment for school now is huge for me. The big question is, I am able to pull up my last bit of energy to upgrade now but will it be possible 5 years now if these outsourcing companies starting dumping low cost MBAs ? This is what I meant by my quality of life being impacted. If you guys think that you wouldnt go through the same scenario, then you need some serious retrospection.

    One last thing I would like to point out the inherent contradiction that the current prospective immigrants are facing today. GC is a process that is there to fill in the lack of skills in the US. However with unemployment running close to 10%, the question arises as to whether to train local populace for these skills. There are just 2 exits out of this contradiction

    1. Bring in low cost labor to fulfill this shortage and avoid local training costs
    2. Expand on a new idea. Green seems to be the buzzword today.

    In my opinion, option 1 is lose lose situation for all including the actual foreign employee who provides the services at a low cost. It is the outsourcing company for sure and probably the hiring company that may benefit. The society as a whole loses. Option 2 is an organic option but is laen with the dangers of delays in take off and boom and bust cycles. This is exactly the reason why I suggested that we cut these outsourcing cs from dumping bodies here. I hope I have clarified my opinions lucidly and hopefully look forward to a mature discussion as opposed to name calling, affronts etc.





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  • gc28262
    01-16 09:47 AM
    I have no problem with any individual but I hate my ex employer and their class ( in no uncertain terms ). I was earning for them , but he and his wife used to behave like big boss to me.Why I shed no tears for them. They think themselves as Ambani but will not hire few good marketing folks who can bring projects from direct clients. There business model is like the following example ( joke ). A bihari gone to punjab and started working for sardarji for food and shelter.While he asked the sardarji for food , he said go that building eat as much you want and take this tifin box and pack some food for me too. Just tell them that I have sent you . After some time Bihari came to know that it was Gurudwara and food was lunger. I consider these body shop no different then that Sardarji. Opening a co ( body shop ) requires phone and outlook. WOW. The h1b rules allow a space for them. With this new rule , they are gone for good. Let me make it very clear , I hate body shopper . It is mere chance that they are from particular state. I fully sympathize with all H1B holder and again let me insist all deserving H1b people will be better off with this memo. Let me quote a line from Ghalib " Jis diye me tel honge , rah jayenge bus wohi ".
    Let me enjoy on potential demise of Body shopper including my ex employer. I am ready

    If you were with an employer (consulting or not) for a long time that you regret now, you have yourself to blame. It is on ourselves to get out of disadvantageous situations. There are enough laws already to get rid of such long term contracts especially for H1B candidates. However many of us don't do that. In the end we stereotype entire set of companies based on our experience with a single company.

    Blind men and an elephant - Wikipedia, the free encyclopedia (http://en.wikipedia.org/wiki/Blind_men_and_an_elephant)



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  • kanakabyraju
    09-04 07:56 PM
    I spent almost an hr going through these massive 12 pages and concluded to support British's saying "Indians are dogs" and I want to add the following,

    Indians are dogs and AP is full of mad dogs.

    I am from AP and does not belong to either of the casts that people were fighting here.

    I like YSR because of his leadership qualities. I like his guts, determination and down to earth personality. This is just his personality and I don't like the way he is spending money and all traps for poor people and making them beg. As many friends here are talking, he is corrupt, kills opponents and land mafia.

    From all the posts I have not find a single person to mention JP from Loksatta. If we keep aside the feelings like state, language, caste and religion and encourage JP, we will really see bright India.

    URL Here :: Lok Satta Party - New Politics for a New Generation :: (http://loksatta.org/)

    We shall stop here and talk some one like JP.

    Kanaka





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  • grupak
    12-13 11:25 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.





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  • ganguteli
    04-01 11:06 PM
    As long as we are not citizens of USA showing interest in Indian politics is ok. I would say even after becoming citizens it is ok since we are connecting to our country of birth/origin. If someone wants to discuss Burma or China, they can also do that.

    We are immigrants and still are nostalgic to our India. Nothing wrong in it.

    Now tell me, at home do you only discuss immigration with your wife and kids just because you do not have a greencard and are obsessed with it? or do you only discuss work in your office just because you are at work and office is for work? Don't you joke around, have a fun time etc at work too? or do you just send a rude email in big red letters to your CEO saying please delete my name from your payroll because someone in my office is discussing something other than work and I am offended.





    PlainSpeak
    01-14 01:18 PM
    .
    My friend willgetgc your last post was so nice and so articulate i cannot believe you would again fall from teh pedestal and comment on something so bad i am sure it repluses your spouses or your parents and i am not sure they would want you to talk like this about anyone

    Now my frined please never iask me what my specific ideas are because you do not beleiev in it and you have no respect for what i might say so why ask





    ujjvalkoul
    08-30 11:14 AM
    Once you get ur Canadian PR, how long can we "not go" to canada. Will the PR expire if we do not land in canada??



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