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  • jhaalaa
    01-13 01:21 PM
    Long 19 page memo - but loud and clear for many scenarios -
    http://www.uscis.gov/USCIS/Laws/Memoranda/2010/H1B%20Employer-Employee%20Memo010810.pdf

    USCIS posts Q & A:
    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=3d015869c9326210VgnVCM100000082ca60aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD


    This memo is an eye opener especially for folks on consulting company assignments and those who are self-sponsored or who want to do their own business. Finding a new H1 sponsor would be extremely difficult as well (AC21 folks beware).

    Now getting a new H1 or a transfer or a renewal, may be subject to very stringent scrutiny.

    This memo has the potential to throw a lot of small boutique Consulting companies out of business and along with it many of their employees - whether they use H1 or not.

    Wish the best for all affected folks.
    Pray and hope the GC dream is realized faster for all.

    Best Wishes





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  • garybanz
    02-15 10:27 AM
    If anyone is willing to take this forward (with or without IV) then i'll b happy to contribute financially





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  • panini
    05-18 07:59 PM
    Illusions, Thanks Bro!!

    Marphad, I have posted less than 20 posts in this forum and I have never posted anything anti-immigrant. The most number of posts I have ever posted was in this thread.

    And that was because I saw some people posting misleading information about the Sri Lankan war and I wanted everyone to see at least what I consider to be the real situation. I can't help it if people have trouble listening to different opinions and different sides of the story but this is a public forum and I have the freedom to post what I feel as long as I don't cross the line.

    In any case, I am too happy today to be wasting my time on petty stuff like these.

    Hasta la vista Baby!!!! :D

    Marphad, i didn't say that it's wrong or right, you implied he is anti immigrant, spreading rumors and writing un-necessary posts, i just failed to see how you concluded all that just by looking at his profile ? And point taken after you replied.

    And isn't the content in his profile all default content (correct me if i'm wrong) when the tracker was introduced, even i had a changeability as US. And i'm not trying to defend him, but you seem to assume it's fake. And the way i see it, it is incomplete.

    If one has a fake profile do you really think he will make it so obvious ? it would resemble more accurate data than the most obvious.

    And i do know the profile carries on to a on-related immi thread, no doubts there, except it only makes sense looking and analyzing it when related to an immi issue, unless you are looking for something else.





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  • senthil1
    06-15 04:53 PM
    H1b cap is 65k+ 20K for US master degree and remaining are exemptions. Total approimately 125K were issued on 2007.

    "H1B numbers were 125K in 2007"
    Holly cow ! I always thought H1B cap is set to 65K (except for a few years in early 2000) :-)

    The 125K which you mentioned is popularly used by anti-immigrant lobbys to push their argument. It includes all H1B transfers NOT only the fresh H1.
    So, if X get his H1 in 2006 and change to a new company in 2007 , you will count X against 2006 as well as 2007 giving a false number. However, if X applies for a GC, it is not 2X applying for GC --- just X .

    Recapture bill will help a lot in clearing the backlog. For future EB GC, if the dependents are not counted for immigrant visa, it will be much cleaner. Not all L1 and H1 apply for GC. Mostly the major Indian IT companies DO NOT sponsor GC (and as you know they are the major users of L1).



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  • nozerd
    03-19 05:36 PM
    You would be taking a big chance if you are out for more than 3 out of the 5 yrs. They will still allow you to enter but ask you to go for immigration hearing and then its up to the judge.
    Instead why dont you do this
    1) Start building Canadian resume, get a canadian number and address and start sending resumes.

    2) If there is interview go attend the interview

    or
    3) Take your annual vacation gothere for 3 weeks-1 month and see if you can make inroads.





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  • go_gc_way
    08-16 01:16 PM
    This is racial profiling no doubt, but for good reason after what happened on 9/11. This is an unfortunate aftermath of 9/11 and IMHO a welcome one. If it wasnt for this kind of security we would have had many more 9/11ish incidents. I am glad this is a "part of life" now, otherwise I am not have a life. When you ask "When was the last time.. a US diplomat or US socialite was frisked and detained for 2 hrs in indian airports?", that is a big problem with the state of security in India. Not just US diplomat or US socialite even our own Indian ministers and celebrities dont get frisked or detained. You feel that is right when you hear about so many scandals of the underworld-bollywood nexus or politician-mafia nexus ? Forget about the nexus, its not right even if there was no connection with mafia. Rules should apply the same to everyone.

    The balls you need to grow should be to ask politicians and celebrities to go through security like everyone else back home in India.


    May be this is not the forum , but as I saw this I was unable to stop my self from writing here...

    With respect to every one, SRK is no comparision to Dr. Abdul Kalam

    When I think of Dr. Abdul Kalam , all that comes to my mind is the unselfish life that he has dedicated to India. We all know , he is Great Scientist, Great Intellectual, Social Worker and a Great Indian. He is unmarried and still serving society after ex Presidency India..

    I would not be worried of what happend to SRK..SRK is no comparision, rest is typical politics.



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  • trramesh
    06-15 11:00 AM
    For most of the ppl with hateful comments, Reality sucks and bites back. I agree with dilip and unfortunately, among billions voices and opinions dont matter. Just brutal personal attacks.

    That said. We cant stop the outsourcing and dumping. Today is biilions from India and china and tomorrow rest of billions from rest of world (like Africa and rest).

    If you dont have any proper counter argument, dont post. Period, dont stoop to personal attack.(race,caste,place and commutiy and alma mater).

    Grow up folks.

    As the saying goes, there are two sides to a coin, and there is definitely some truth in the counter arguments. There are quite a few blood sucking desi consulting cos out there, and those need to be cleansed out to protect our own country men from exploitation.

    Coming to the point of GC, it is the US gov that gave H1B and invited these people to come and work here to support its companies. At that point, it did not apply country quota. Now when it comes to adjudicating GCs, this unfair concept exists. The process should be unifiorm and fair. If GC and citizenship needs per country quota, so does H1B. Keep everyone at the same level. How is someone from a non retrogressed country more worthy to US than his counterpart from a retrogressed country.

    We cannot change what had already happened, and fortunately or unfortunately, we are here looking to have our future in this country. We also need a clear path to immigration. I think it is the moral responsibility of the US gov to show us just that. If the US gov wants to protect the jobs for its citizens, one cannot blame it, but dont let the L1s and H1Bs that you had already brought in years ago to rot in retrogression. After all, these guys also have a family and a career to take care of.

    The point I am trying to make is, let us not get into arguments that take us nowhere. Let us rather focus on newer ideas to make our voices heard. Let this forum serve its purpose.





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  • angelfire76
    05-31 06:03 PM
    whatever the case may be, until there is a VISA recapture we are not going to get our GC's anytime soon. Please admit this fact.

    What I would suggest is that we work with Indian Govt. parallely (specially people who are moving back or planning to move back) to get back the Social Security/Medicare contributions we had been making. We need to show that if we start going back we would add $$$ to Indian economy. This would also trigger US govt. to think on this issue (i think..)

    US works when there is big money involved... otherwise nothing would move here...

    Just my thoughts.

    Recently I was on a flight from Delhi to Mumbai and the guy next to me was a former RBI employee. I asked him as to why the Indian govt. is not doing anything about the billions of USD left behind by Indians returning to India in the form of SSA and Medicare taxes, to which he replied that the obstacle to a treaty as stated by the US govt. is that India does not have a system comparable to Soc. Security and Medicare for distribution of money to it's retirees.
    Such a pact was apparently considered in 2006, but went nowhere due to disagreement about how the Indian govt. will track money distribution and administer the program.



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  • ghouse1742
    04-01 04:11 AM
    You don't want to give any credit to 'Modi' than by your logic, Chandrababu Naidu shouldn't be give credit of 'Andhra' turnaround, Vajpayee shouldn't be given credit for Infrastructure turnaround...In India Politics & Politicians are so important, until they are pro-work, nothing works. UPA govt's attitude was sit & watch for Orders from 10 Janpath, so all of us know how they performed..

    One might ignore land-scams of Naidu and support him. One might ignore fodder scams of lalu and support him. One might ignore the bribery cases on tape of vajpayee's office and support him. Because they have positive changes to their credit. But how does one convince oneself to support the so called human standing on dead bodies waving a flag of development.

    Dude we are considered the cream of the crop who think clearly. How can we hand over the reigns of future of our sons and the well being of our daughters in India to a person who supported the rape and murder to young girls and destroyed livelihoods of thousands.

    Imagine our christian friends trying to convince the jewish friends that they support Hitler because he is development pushing leader who is also church going, non smoking and that they do not support the side which actually supports rape, incarceration and murder of thousands who scrap out their living in the country. There is nothing like supporting half a person. You either support all his deeds or you dont. We or our kids will bear what we sow today.

    That is it for me in this thread. Best of luck to us Indians. Jai hind !!!





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  • Macaca
    06-26 07:54 PM
    The assessment is correct. The Visa Bulletin is published by the 15th. of every month by DOS. So, by July 15, whatever number of applications, USCIS receives, they have to count them and send the numbers to DOS. DOS then have to do their math and come up with August 2007 numbers, but August 2007 Visa Bulletin has to be published by July 15.

    DOS allocates GC numbers to USCIS adjustment cases only as the point of approval is reached. DOS can set/move/retrogress PD based on info provided by USCIS about number of cases at point of approval.
    USCIS is not able to provide a good estimate of this number because

    it can not calculate this number based on USCISs workload, and
    it does not know the number of cases DOL will send to them. DOL again can not calculate the number of cases (it will send to USCIS) based on DOLs worload.


    The following are from page 35 and beginning of page 36

    The key to addressing this management issue at USCIS is to understand the dynamic interplay of priority dates and shifting workloads of three departments, and to know with greater precision and accuracy the size and details of USCIS� workloads.
    The tri-agency meetings seek to expand inter-agency communication regarding expected new demands and surges, workflows, and priority dates. During the meetings, there is an examination of the case management systems and data collection processes used to assess workflows through each entity, particularly USCIS.
    Although USCIS stated in its 2006 Annual Report Response (at p. 8) that it provides detailed data to DOS, the tri-agency group identified gaps in USCIS� data.



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  • at0474
    12-13 01:05 PM
    "If you read the history of immigration this country you will see that such measures are typically taken with restriction in mind not diversity."

    --Any country's immigration policy has to have some control measures built into it. I cannot imagine any country opening its gates wide open for the entire world to migrate into her without any limitations. So the question is, whom to "restrict" and whom to allow? This leads to the same argument, do you see this "restriction" as discrimination? There are others who see as fair "reservation" for them.

    "Diversity is the nice sounding cloak."

    --True. Every concept has been used and abused.

    "There is a definite fear that FB will bring in many mexican migrants ( "chain migration") and the country quota holds that back imho. you think it's because of indian programmers? It was made long before those existed. remember we are a minuscule number- don't feel so important- the programmers are about 2% of all immigrants. 11% is all EB, half are families, half again are techies- not all those are programmers. do the math."

    --I did not say EB quota system was framed due to high influx of indian programmers. You missed the whole point.


    "Also remember that 50,000 Gc are given a year by lottery for "diversity". as a result more bangladeshis get Gc in a year than indians on EB. so why do we need the country quota in EB again?"

    --Good question. If we look at what qualifies a country to be included in the lottery program (oversubscription etc?), it would again lead to the "balancing" intent with regards to immigration.


    "To the person bringing up caste system and fences, here is my proposal.
    i am a physician, i am being held behind hoardes of techies who can easily have PD's much before mine since i am training and working longer and the J1 holds me back. 12 years here and no where in the line...so i should get a fast track too. let's have a cap for the techies...hey it looks great from my side of the fence...i'm sure you will agree that i should be pushed up the line."

    --Precisely why I said your viewpoint would differ depending on which side of the fence you are.

    "either it's wrong or right. the caste system is wrong, from every side of the fence. it may benefit some and hurt others. but it's wrong, wrong and wrong.
    same for this country quota. sure it helps some, and looks good from "their side of the fence". that does not change the fact that it is wrong."

    --You are opining that it is wrong. You cannot state that it is a fact.

    "none of this is an argument for a legal approach. just responding to stuff here."

    --Same here. I appreciate your response though.





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  • at0474
    12-13 01:23 PM
    "Fairness or not is not the issue. Question is can it be challenged in a court? "

    --I guess fairness is the issue and that is what you are asking for by challenging the court.


    "As an unrelated side note, the current quota system is something that has evolved from past policies some of which was used to restrict citizens of certain countries."

    --To some extent,there is truth to what you said. And it is there prerogative. There could be many geopolitical,societal, economic and national security reasons behind who they restrict and who they allow.



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  • Googler
    02-15 12:11 AM
    As I said in the Mocanu thread:

    Btw, apparently the law firm that argued the case for Mocanu and the others was: Orlow, Kaplan and Hohenstein (http://www.orlow.com/index.htm).

    Wonder whether it is worth initiating a conversation about the validity of the legal argument for recapture (Mocanu + Aytes memo + Galvez-Howerton) with them -- they certainly know enough about the details of the name check process; they might need some more details about the 2003-2004 lost EB greencards, but I'd say they are pretty well prepped for all the other details.

    It would be beyond good for the case if we had some EB applicants who filed their 485s in 2003-2004 and are still waiting.





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  • angelfire76
    06-02 05:59 PM
    This is what I am trying to tell you.
    Nobody will do it. Because we all are scared of risking our name added in the lawsuit against USCIS. We will all talk about filing lawsuit but cannot really do it.

    How those Indian guys over in the UK filed their lawsuit against UK immigration changing it's rules without notice? I think they filed a public litigation against the government.



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  • saravanaraj.sathya
    07-24 03:37 PM
    Hi - It is great reading your story and gives more confidence for other in this forum. I have 2 more yrs remaining in H1. If things do not speed up, I also have plans to move out of USA and find a job someplace else.





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  • walking_dude
    02-14 02:51 PM
    Life's not simple. It's not A or B. It's usually A and B that succeeds. Like I mentioned in an earlier post going ahead with option A (lawsuit) closes option B ( meetings and negotiations).

    Best approach is IV keeps option B (lobbying) open while a group that agrees option A is better continues to pursue it. There is a lot of support for this measure here. What it lacks is a convinced leadership! Once the leadership emerges and there is action on the ground, who knows, the skeptics may join too.

    chandu...have u read the lawsuit outcome? do u still think that an administrative fix is easier to achieve than a lawsuit? lets say it comes down to either/or...either a lawsuit or an administrative fix...which one would IV support?



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  • Macaca
    07-04 08:23 AM
    U.S. Withdraws Offer of 60,000 Job-Based Visas, Angering Immigration Lawyers By JULIA PRESTON (http://www.nytimes.com/gst/emailus.html) New York Times, July 4, 2007

    Immigration lawyers raised unusually irate protests yesterday after the State Department and the immigration service abruptly withdrew tens of thousands of job-based visas they had offered last month to foreign professionals hoping to become permanent residents in the United States.

    The outcry was provoked by a terse announcement on Monday in which the State Department said it would not grant any more visas for the 2007 fiscal year to foreigners applying to become permanent residents based on their job skills. That notice reversed one the department had issued on June 13 announcing a two-month window starting July 2 for aspiring, high-skilled immigrants from around the world to present applications for visas known as green cards.

    The State Department said the 60,000 visas it had expected to offer would no longer be available because of “sudden backlog reduction efforts” by Citizenship and Immigration Services, the federal agency that processes applications for the visas offered by the department.

    In a statement yesterday, the American Immigration Lawyers Association accused the two agencies of perpetrating a “hoax” and a “bait and switch” against hopeful legal immigrants who played by the book.

    “Here people followed the rules and did everything right, yet without warning or explanation the door was slammed in their faces,” said Kathleen Campbell Walker, the president of the association.

    To apply, immigrants must undergo medical examinations and assemble documents to prove their job skills and show that a United States employer has sponsored them. Foreigners must be in the United States when they present their applications, which are processed on a first-come, first-served basis.

    Because of backlogs for employment-based visas, foreigners have had to wait many years just to be allowed to file their applications.

    Thousands of medical and technology professionals, including many working here on temporary visas, scrambled for weeks to get their documents together, in some cases canceling travel plans, in order to file their applications on Monday, the first day of the window. The State Department and the immigration agency closed the window without accepting a single application.

    “I am concerned that such action may violate the law and could threaten the integrity of our immigration system,” Representative Zoe Lofgren, Democrat of California who is chairwoman of the House Judiciary subcommittee on immigration, wrote in letters yesterday to Michael Chertoff, the secretary of homeland security, and Condoleezza Rice, the secretary of state. Ms. Lofgren warned that the federal government could face costly litigation because of its change of course.

    The State Department said it would begin accepting applications on Oct. 1 for 2008 visas. On July 30, the immigration agency will raise its processing fees by an average of 66 percent.





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  • suhanya
    08-12 02:15 AM
    I am doing an employer change - HtoH transfer.

    Do I have to wait for the H1 transfer approval or is the receipt good
    enough for me to travel abroad? Do I have to get my new H1 stamped
    before reentering? I still have the dates on my old h1 (from AMD)
    valid on the stamping on my passport - will this suffice? Please
    explain.

    Also my Advanced Parole is on its way. Will I be able to travel on EAD
    and AP, when my H1 transfer is being filed? Can I still hold on to my
    H1 status, if I traveled using my AP?


    Regards,
    Suhanya.





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  • ryan
    08-17 02:45 PM
    I just have to say one thing about you. You were born with a slave mentality in a third country. Its been passed to you from generations. You will go any length to prove your masters are fair and honest and its not your fault. You never experienced free, your own country by your own admission. So stop blabbering and justifying your masters, we dont buy it.

    I think your words above, speak a lot about who you are and your ways of thinking. I feel sorry for you. Hope you find the 'importance' and the 'intelligence' someday.

    Be well.





    desi3933
    06-16 02:53 PM
    Dilip -

    Could you please respond to questions raised in my post, when you get a chance?

    I would like to add one more thing here - Employment based immigration is not merit based, it is driven by employer-employment unless you self-petition in Eb1/Eb2.

    You may be very much qualified, if there is no employer who is ready to sponsor your green card, you are out of luck, so please do not put argument that only best and qualified people get GC.

    I don't think it matters, but I am from college based in Kharagpur WB.

    Have a good day!



    ........
    ........
    1. If the outsourcing companies would pay on an avg at 80K per head for the "well qualified" people, I am even ok with their dumping their dumping the L1s here. Why is it that you guys are ok with the L1s being dumped at 40K-60K salaries ? Shouldn't they get paid high too ? This is what I am arguing for. If the outsourcing cos don't want to pay this rate, then keep them in the country of origin. No need to depress wages here. Is this a wrong thing to ask ?
    ......


    Where did you get that 80k number? You think 80k is good salary for that job, someone else may say 65k, I may say 90k. The salary, among other things, is determined by market forces. If you can't find enough people with xyz then company will be forced to offer more.

    As long as there are people who are ready to work on salary 52k (example), employer will not pay 70k. As long as employer is following all the legal requirements, no one can dictate salary for the job.

    I am a US citizen of Indian origin with background in Computer Science, Finance, and Business Laws. I have been in this country for 11+ years and I have seen so many changes in tech world. Nobody talks of sign-on bonus on H1B anymore. I am dot net architect and I am seeing lot of competition for jobs and this is causing downtrend pressure on salary. But, instead of, blaming someone else for the competition, I am taking it head on. We need to keep working on our skillset and employer will pay the salary. Like they say, for the right candidate salary is not a constraint.

    Let us not forget our struggling days of H1. The least, we can do, is to encourage our fellow immigrants who are waiting for their green cards.



    .





    cygent
    12-19 07:11 PM
    Thanks Cygent for posting it ...I guess there is some hope after all .. ..

    Yes, there always will be, Thanks albertpinto. To quote Shawshank Redemption - Andy Dufresne: [in letter to Red] "Remember Red, hope is a good thing, maybe the best of things, and no good thing ever dies."

    Good Weekend Everybody!



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