Wednesday, August 10, 2011

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  • waitingnwaiting
    01-05 05:16 PM
    Moderators , Pls delete this thread. Why is the thread posted on a immigration forum. :mad:

    Are you one of the the guys selling it? No harm listening to both sides of the argument.





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  • kondur_007
    07-29 02:48 PM
    Well, I think the scenario is different. It is somewhere inbetween those two thought processes:

    1. They are counting on CP case; but not much. If you look in the past stats about EB cases processed via CP, it is usually a very small number (and this would just make sense: if you are doing EB green card, you will be working in US and will do AOS). CP cases can not be more than several hundreds.

    2. The major hopes DOS has is on USCIS to process large number of cases. And they ARE capable of doing so; but only RANDOMLY (not in the order of PD or FIFO or anything like that). It is very unlikely that DOS will let USCIS waste any visa numbers. Because it is DOS's responsibility, not USCIS's. And that was main reasoning behind July Fiasco; where DOS wanted to prove that it is not DOS but USCIS who is responsible for the wastage (remember, there were some 60000 visa numbers unused at that time). This time, they are playing the game of "cooperation". DOS will advance dates only till USCIS can handle (not everything Current); and in exchange USCIS will use up all the numbers.

    If USCIS can not show that they have used up at least 75% (or something in that range) of the remaining visa numbers (which are probably in the range predicted in this thread giver or take few thousands) by mid august, DOS will further advance dates in sept. If USCIS shows that they used up most of the numbers, dates may go back. It would not matter what the dates are in sept as the end result is the same: all the remaining visa numbers will be used (probably randomly) to people with PDs upto mid 2006.

    I do not buy the "CP using numbers" theory from Ron or Murthy. It is all about allowing USCIS to use the numbers randomly and let them pick the "low hanging fruits" (as they usually like).

    For the next fiscal year, they will move dates back to mid 2004 (just a wild guess), but I dont think it matters any way...(till the end of the fiscal year). USCIS will probably go in hibernation again till the last quarter of next year and the date will advance again dramatically (may be upto 2008) to let them use all the left over/spilled numbers.





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  • sidbee
    06-01 02:19 PM
    Guys,

    I have been working here for 9 years and next year we plan to return back to India. I spoke to SSN customer service to find out my retirement and survivor benefits. Being an Indian citizen, all these are available only if me, or my dependants, have a valid residing status with the US, at the time of making the application. The contribution at this point is like getting a right to work. This is outrageous.

    We all have been legally invited into this country for a work, and that means the US gov should protect our legal and fair interests. It is universally true that everyone works to protect his family. Now here is a case, where I have no right to my retirement money just because I dont have a legal resident status. Whose fault is this. I already made the application 6 years ago. If my home country does not have the comparable SSN structure, then return the money back? We will pay the taxes and take the money back. Our kids need it.

    I dont know what is the appropriate channel to get this fixed. This appears more like human rights violation, or abuse. I am sure there are many in this forum who are in the same boat as I am. Can someone team up with me to do more research or share your discoveries.

    To the US, this is what I got to say:
    =======================
    If you want to protect the jobs for your people, please do it. You have every right. But please dont dump the people you officially invited to augument the workforce of your country into the waters. Before you bring in additional workers to support your companies, do necessary corrections in your immigration policies to let them in only with green card. Dont strangulate their careers. Your existing policies have been burning the aspirations and careers of a lot of innocent people from India and China.

    To those innocent legal foreign workers that have already gathered 40 points in SS, you owe them. They deserve citizenship, not green card. I know it is jumping across multitude of issues, but is it not fair.


    The only solution , to all our problems, is a LAWSUIT.
    The earlier some one has the balls to do it , the better it is.





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  • redcard
    02-19 04:22 PM
    Even US Ph D does not mean EB1. I know top 60 Schools in which fresh Ph D's (for Asst Prof) apply for EB2.

    I don't know if any US MS will go through EB1.

    What you are talking here is the Eb1-EA category.. and not the general EB1 category..

    The EB1 Category is primarily meant for inter company transfers. Most of the people who qualify to get GC under this category come to US through the inter company transfer route and are primarily on L1-A work visa. Folks under L1-A do not require a labor certification and directly file I-140 /485 unlike people who come on L1-b visa which is also inter company transfer and requires a person to file a labor certification in US and then file GC under Eb2 or Eb3 as the case may be.

    It�s surprising that Eb1 is current for India. Going by the facts.. the top 3 IT companies had shipped most of their project folks infact every other person to US under L1-A in the last few years when H1-b was under scrutiny for these companies. Most of these people who came under L1-A should have applied for GC under Eb1 which should have retrogressed the dates for EB1 also. The only logical reason for this that these companies are being very selective in doing GC now unlike in the past when a lot of people had got GC under this category.. and the date for EB1 for India had retrogressed in beginning of 2006..

    That apart the other reason why this category is current is that most of the staffing companies aka.. body shoppers cannot use this route to get people to US.. because they need to have full-fledged profitable operations overseas�. and the person being sponsored should have atleast worked for 365 days outside US for the company. The consulates do a complete check before giving an authorization under L1-A or L1-B category..



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  • kalyan
    12-13 01:00 PM
    Either way, be cautious and thoughtable before you fight against the state

    Also, i saw in CNN, for some (who are mexican's also), they served in US military (they are not here legallY) and got the Green Card becoz they shared the nations passion in Iraq.

    Think some thing like that here too rather than challenge the state and constitution

    If you talk with Caste like in India, may be somewhere down the line, you might ask a state for indians (which is like kashmir for muslims).





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  • shukla77
    05-29 03:32 PM
    I am not sure if I agree with doing two things at the same time. We can try to solve 12 things at the same time, but at the end are we effective? As an organization,If by focusing on eliminating EB1 fraud gives us significant advantage in short and long term then I am all for it. Numbers do not suggest that.However if we focus our energy on legislative fixes to eliminate the backlog, most of the categories will benefit.Question is do we suggest 20 things and dont complete anything or take one important initiative to the finish line. In my limited experience, I have seen second one works better.


    Some members were trying to say we should not fight fraud because the root cause is insufficient visa number (and country quota). While he was right about the root cause, that does not mean we can't do the two things at the same time.

    .



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  • sammyb
    02-14 01:53 PM
    to close this thread and/or change settings so that no further new posts allowed... We have had enough on this ... it is now better to rest this topic in peace...





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  • vdlrao
    07-21 11:43 PM
    vdlrao, Thanks for the great analysis.
    I am using DOS visa statistics and I arrived at EB quota numbers for 2008 as 162,707. There were 22,707 unused FB visa's in 2007 based on the DOS visa statistics @ http://travel.state.gov/visa/frvi/statistics/statistics_1476.html
    Typically the actual EB quota for the FY is revised in the September bulletin. I am not sure if DOS has already taken into account the new EB quota number for the Aug bulletin. If they hadn't taken into account the new quota number then we should see some forward movement in the Sep bulletin.

    However the 28,795 AC-21 recaptured visa's U are talking about has already been used in 2002, please take a look at the below mentioned link for details regarding the usage of those visa's.

    http://travel.state.gov/pdf/FY2003%20AppD.pdf

    All the AC-21 recaptured visa's has been used by now.

    mpadapa, I am getting 31,100 unused Family Based Visas for 2007 fiscal year from
    http://www.dhs.gov/xlibrary/assets/statistics/publications/LPR_FR_2007.pdf
    .
    DHS bulletin is not updated correctly like Employment Based AC21 VISAS? Please let me know.



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  • NolaIndian32
    02-13 11:09 AM
    What is ROW and POW, please? I have seen both used in several posts (I am hoping POW is not Prisoner of War:)) Still learning the immigration lingo!





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  • Amma
    08-15 01:31 PM
    Why so much ruckus for SRK ?. After all he is a actor in India. So many actors are having connections with Dawood Ibrahim. So , nothing wrong for extra questioning.


    But Indian immigration will not do such things to foreign delegates. They treat them like gods.Everything will be bypassed.

    This is the difference between us and US



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  • abhijitp
    07-03 06:48 PM
    dugg both.





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  • nik.patelc
    09-03 03:07 PM
    Most of the Indian politicians are Illiterate. This guy is a medical doctor by profession.
    Loved by poor people. Hated by the fundamentalists. Most of the AP politicians are corrupt including former PM P.V. N RAO.

    I AM NOT FROM AP. ALL I KNOW FROM READING ONLINE FROM LAST 2 DAYS.

    SEE THE LINK 14 PEOPLE DIE OF SHOCK.
    14 die of YSR shock in Andhra - India - NEWS - The Times of India (http://timesofindia.indiatimes.com/news/india/14-die-of-YSR-shock-in-Andhra/articleshow/4969157.cms)

    USA, UK CONDOLE YSR DEATH.
    US, France, UK condole Reddy's death - India - NEWS - The Times of India (http://timesofindia.indiatimes.com/news/india/US-France-UK-condole-Reddys-death/articleshow/4969149.cms)

    After reading for 2 days, you feel soory for this guys. Well, If he is popular and good CM, it should be evident that many life are touched and improved by his actions. YSR loved by Poor , those poors are still poors ... Who said Medical degree holder are all ethicial and non corrupted. I know many docotrs in india are cheaters and cares about money than patients. So dont buy that his having medical degree makes me good admirable politician.



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  • cinqsit
    01-14 01:51 PM
    V true.

    Folks, the memo clearly empowers USCIS to crack down on consulting firms which don't have any in-house infrastructure (other than contractors) to execute projects.
    H1B is misused for a long time now by these firms and it was high time they put the screws on these "job shops" as they call it. Unfortunately some talented workers will get impacted.
    But if they are talented they will find opportunities elsewhere. Trust me on that. And better opportunities.

    Nathan is exactly right. These firms have created a mess by bending rules everywhere.

    Don't start speculating that USCIS is trying to throw out all immigrants from this country. I'm surprised that folks don't take a proper view of the situation (yeah..bring the reds on and call me an anti-immigrant).


    I agree with a1b2c3.

    USCIS is going after these "job-shops" nowhere do they have a blanket policy written down to stop all H1-B's or greencards.

    Please dont get riled up and think that its going to affect your greencards etc too.

    Actually if you have been following these forums, last two years have been tough for small consulting companies to get renewals/new H1's approved anyways. They were asking for client letter and denying renewals left and right. Some
    were getting H1's denied saying the company office space is too small to fit 100 employees, your product/business plan seems to have been copy-pasted from online sources and what not. Please browse through H1 denied threads on this forums.

    I know its harsh on the employees but they will have to find employment with direct vendors.

    Contracting is a way-of-life for some big financial/insurance companies (if you are from NYC area you will know) its not going away nor is need for H1B's going away.

    USCIS is simply laying down the rules on paper (or in this memo) for what it has already been practicing for more than 2 years now with respect to H1B processing.

    I know its harsh on some employees who will be affected but you will soon realize that
    you will find better paying jobs/contracts. If there is a need and you are good at what ou do you are going to land up a job/contract no matter what even when you are on H1.

    These "job-shop" companies will be going away (good riddance) not you.
    You will still find work you will still find contracts with better pay

    If you are working on a contract directly for direct vendor isnt that much better than being 3-4 "layers" of these middleman "job-shop" companies who each take
    a significant cut out of your share?

    cinqsit





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  • unitednations
    02-13 05:41 PM
    In the first three quarter the 'heavy' countries(India/China) would get numbers until the 7% caps hits and in the fourth quarter they would get the big chunck...

    If the law contains a 'continous recapture' provision( anything not used this year get recaptured again immediately for next year...) then it would not be long befor e all categories become current....By the way 'continous recapture' is one of the IV goals...

    Pl. Correct me if I am wrong....

    Now I have really started to appreciate the IV goals listed on the front page.....
    IV core team have gone through all this junk long before we got started and the goals take care of every point raised until now....


    As a business person; I don't agree with country limits. I understand why they are there but I don't think they should be.

    Continuous recapture of unused visas is a good goal. It makes sense and isn't a controversial topic.

    Regarding: Goals - very few people look out for the greater good of everyone. I myself think if I was looking out for the greater good of everyone; I wouldn't focus on EB relief but rather other areas of immigration (greencard holder spouse issue; dream act, undocumented, etc.). Don't jump on me for saying this but I had written in another posting that of all the people who are disadvantaged with immigration; it would appear that eb candidates are the least disadvantaged of all.



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  • shirish
    10-24 03:34 PM
    I have a question on a similer subject, but not exactly labour sub

    In my case my previous company filed my labour, i got it approved, then i got my 140 approved too. But i had to leave the company (I could have stayed for the GC but had to leave- before leaving that company i worked in their india office for 2 years). Then they used my approved labour for another employee.

    I have joined another company and back in the US now,i understand that the labour is not for me, i have to go for the labour again, but is it possible to use my previous PD.





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  • andy garcia
    06-27 09:01 AM
    According to Ombudsmn report a documentarily qualified applicant is an applicant with approved I-485. The ombudsman report is a must read; most of the threads will not pop up if everyone reads them.

    In the same bulletin they use this defunition for Documentarily Qualified

    Documentarily Qualified
    The applicant has informed the consular processing office that they have obtained (after being requested to do so) all of the documents which are required to meet the formal visa application requirements

    I think that the ombudsman is going one step further by saying approved it should be applied or properly filed



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  • waitingmygc
    01-14 02:30 PM
    By remembering July, 2007 fiasco, I see an opportunity to build a lobby here in favor of legal immigrants (H1B, waiting for GC etc.)which will help all.

    Act now, by mailing and talking to your employer about this memorandum if working with consulting company (doesn�t matter working with direct client or not, has EAD or not, GC priority is close or far) because employer is worst affected, they will of course will engage the attorneys. Attorneys are also affected with memorandum. This will help to build a big lobby here (remember July, 2007 fiasco) . Then, joining of IV members will help in result of BIG BIG BIG lobby.





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  • coopheal
    01-14 08:13 AM
    I agree with you completely. I don't know what Infy and Wipro are doing with their money but TCS was filling Tata Motors and Tata Steel historically. Also buying companies like Land Rover and Jaguar while screwing their employees.

    Are they using TCS money to subsidize Tata Nano?

    Comments like these are just giving fodder to anits. Then they take comments like these and frame them in "out of context" way to put unfair restrictions on all of us. Recent example is how BW had used parts of IV threads to justify killing H1B and GC programs.





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  • venkat80
    09-23 08:20 PM
    http://blogs.ilw.com/gregsiskind/2008/09/can-immigrants.html

    CAN IMMIGRANTS HELP ADDRESS THE FINANCIAL MELTDOWN

    A lot of people may not be aware that hundreds of thousands of highly skilled immigrants - people with bachelors, masters, Ph.Ds, medical degrees, etc. - are stuck waiting in a queue for green cards that can last ten years or more. These are precisely the people who can help keep American competitive and they could provide some needed help in resolving the banking crisis that has gripped the country. One group, Immigration Voice, is proposing Congress consider a legislative solution that would provide green card numbers for people who can demonstrate they qualify in one of the employment-based green card categories if they buy a home and place at least 25% down on the property. This won't solve the crisis, of course, but it is one way to inject some life in to the bleak housing market.

    I'd like to see this proposal possibly coupled with a retiree visa which would provide long term visas to people who have the means to pay cash for a home and buy a home within a specified period of time after coming to the US, have substantial assets, have pre-paid for health insurance and who do not intend to work in the US.





    immigrant2007
    08-19 02:44 AM
    Wrong guess, what all can i say?





    Caliber
    09-04 01:41 PM
    You dont even talk about my village even in your dreams.. Our village is much happier than before 5 years.. Its all becuase of YSR did for our village.

    Only the people that were part of those grabbings are happier. Let the poor people get back all their lands first and then you guys talk.

    How about all the "Anna's" that were killed by him who came to him when he invited and then killed them mercilessly.

    So, did you mourn when he killed all the "Anna's"? I am sure you would have distributed Sweets when "Anna's" were killed. Right?

    Isn't it Jesus Christ right? Jesus is God and he punished YSR with such a worst killing. Even face could not be recognized.



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