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  • dilipcr
    06-12 03:56 PM
    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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  • ganguteli
    03-27 12:08 PM
    One idiot without giving him name in comments started abusing in Hindi language.
    Dude when you have guts to put comments then put your name in it. So that I know who has issues with my comments to thread.

    And just don't give red " just for the sake of giving it make you feel happy ".

    Must be a guy who is brainwashed by his mullas and hates the world for being unfair to his peaceful religion. I will give you green.

    Narendra Modi is my choice for PM too. See how much peace and prosperity he has brought in Gujarat. We need such strict administrators who work unselfishly for the good of country.





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  • NolaIndian32
    10-28 01:30 PM
    Can Nixtor or IV Core share some updates on the status of this idea/project.





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  • riva2005
    03-16 01:05 PM
    There are many more Nick Mandallapas out there selling labor certs to highest bidders for GC.

    Nick Mandallapa went to prison, but others are still out there doing it coz most likely, the Dept of labor is not equipped to catch all the labor sales.



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  • krish2005
    05-18 06:13 PM
    To me: sinhalas and tamils look very similar.
    This guy even goes further and says they are one and the same.

    http://www.geocities.com/nallathambi_thevar/TamilSangam_Mauryas.htm

    The present day Sinhala-Tamil conflict though originally a conflict between followers of Hinduism and the neo converts to Buddhism had morphed into a conflict between casteist Tamil Hindus and Tamil followers of �Organized Buddhism� to a conflict between Tamils and Sinhala with the converted Buddhist shifting there allegiance to Pali/Sinhala.Organized Buddhism succeeded in separating Elangai from Tamilakam with its own language of Pali/Sinhala.

    If we are trying to quote facts here then myths also come into play. Remember the ramayana when ravana was ruling srilanka. Who were those in Srilanka at that time ? Were they tamils ? No. If that can be accepted true then natives of srilanka should not be tamils. We dont know that time of ramayana tamils were a clan that even existed. But tamil is a age old language so tamils were one of the earliest clan too.

    Only way a co-existence could be established is by the world exerting pressure on lanka to
    treat tamils as brothers. If tamils existing there are citizens (granted by lanka), then why the inequality in rights. These armed groups only spring into existence because of suppression or power greed. Earlier times it was suppression, later it became power greed which killed the cause. Peaceful protests are always watched and will be supported by world. With technology in hand, (post LTTE) tamils could show to the world that they have a peaceful fight at hand.





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  • Rohan99
    01-05 01:50 PM
    ^^^^^



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  • qualified_trash
    11-09 09:21 AM
    One of my friends informed me about immigrationvoice.com few months back, I am EB3 with PD Jan 2003 and currently waiting to file I-485 for last one year. It is frustrating to hear how some of the companies are bypassing and jumping ahead on the line. I thought I get some opinion; I am curious why this isn't being bunged. Although using a pre-approved labor is a legal thing, how much of sagacity does it really have? Within my little 10-12 friend circle I have had atleast FOUR people who got their GC within 8 months through this same company - KFORCE, Rapidigm Inc., utilizing pre-approved labor. It seems this company lures people with a condition that they will process their GC within couple of months, isn't this using the legal system at their business advantage.

    What can we do to stop this, it is frustrating to me as I am waiting for close to four years with my GC process and been in the US for 7 years. At the same time, I see people who have been in the US for 2 years has their GC. To me this legal system does not make any sense and is a clear proof of injustice. I am thinking of talking to a legal attorney to see if this makes a justifiable case and if possible file a lawsuit for scrutiny against this company or any company that uses this facility for their benefit. May be I am overreacting and this is the reason I am posting it here to get an opinion, what do you guys think ?
    it is a business advantage and companies are using the same to lure employees. that is the IMHO the right way to utilize the approved labor cert.

    the injustice is when there is bidding going on and people actually take money to give you the labor cert........... that is I think illegal........

    there is nothing wrong with a business using the law to further itself. the goal of the business is to make money for its stakeholders within the framework of laws laid down by the government.

    i sincerely hope that you will remember this when and if you do decide to start/own a business............





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  • immiMar2005
    07-29 11:54 AM
    Dear Attorney,

    I was sponsored for a GC by my current employed through EB3-India category with a PD of Mar 2005. I currently have a three year H1B visa valid until end of 2010 based on the approved I-140. I was unable to file for 485 during last year's July fiasco.

    Do you see any issues with my taking up a job with a new employer and maintaining my current GC process? Filing a new I-140 under EB2 is a possibility as well.

    Thank you in advance!



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  • ryan
    08-17 02:35 PM
    It doesn't matter. The topic is about what the immigration officers are doing to the innocent civilians. In this case it happened to be SRK who everyone knows but it is happening to everybody. Just because his last name spelled as khan, can they interrogate every khan in this world?

    Please, they do not pull aside every 'Khan' in the world. Yes, things seem OTT every now and then with an amount of drunken patriotism -- and you may come across an occasional "Voldemort" from the INS. However, can you place blame solely on homeland security? We live in a global world / economy of nearly 6 billion and every day visitors with trade of varied kind - surely you cannot expect the avg Joe at homeland security to know every zero talented b'wood hero out there?! I'd also urge you to look at the brighter side of the coin - of the various programs in place to have African Muslims, Arabs and the Iraqis being moved into the US, by giving them jobs, homes and permanent resident status. Likewise with Afghans, and the visa diversity program. These folks have names like Abdul, Osama, Khalid and Khan. So please, tone down the b'wood inspired sensationalism - view things in context.

    When you choose to visit America or any foreign nation, national security & well being override celebrity status - period.

    Now, I find it interesting, whilst detained at EWR, Shahrook Khan called the Indian Media in 'protest'. Perhaps positive PR for his new movie - 'My name is Khan' that's apparently about racial profiling in America ..hmmm?! Alright, now that is talent. Unethical, perhaps, nevertheless, talent, I think.





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  • Imigrait
    06-16 04:53 PM
    For the most part it is if it were left to market forces. Employers, rationally, would only want as much as talent for the price they pay. Most importantly, employers would be willing to go the extra mile to sponsor green cards only if they perceive that the immigrant employee would add value both in the present and the future. Now again, when I say employers, I mean the genuine employers and not the fly by night consulting body shops or the outsourcing companies. I strongly believe that EB based GC for a very large part is built on merit. You may see sme cases wherein some ordinary people getting green cards. They, in my opinion , are mostly from these body shops who got "lucky".
    Of course everyone who have worse qualifications(according to who??-> dilipcr ) are ordinary. Rest of the people are good. This is the same argument as "now that I have GC, let me come out and say retrogressions and less GCs are good, cuz I am qualified and I already have GC."

    And yes I agree EB based GC is built by merit. Merit according to the employer who will keep paying the employee if the employee performs his job at least satisfactorily. Dilipcr is not the adjudicator here, the market aka the employer is. And...... the employer is making sure it is following the regulations prescribed by USCIS.

    Cant believe I am using that word !!!.
    What's not to believe? You just did!

    In my opinion it does not. But be careful in this forum though. People may view your statement as egotistic.
    People don't view any statement that you're from a top college as egoistic. Ppl view it as egoistic when after 15-20 years out of college you still throw around your college name to make other people treat you differently. Dude, after 20 years people from various colleges are working with you, some doing a worse job than you and some better, colleges don't matter any more for the current job. It might have some influence in a new job.

    Now the distortion comes into play when outsourcing companies flout rules and undercut the market through pervasive fraud. Like other industries such as manufacturing/agriculture etc, IT wages are destined to decline but not at this rate. The acceleration in the decline of wages is perpetuated by these scum outsourcing companies. If the decline in wages were let to decline at the speed of market, then it gives talented people time to upgrade skills or move to other industries without having to sacrifice quality of living. So per your argument, yes the end employer is following the rules by employing people from the outsourcing company because the employer does not know or looks the other way of the outsourcing company commiting pervasive fraud. Oh BTW that 80K number was just to highlight that the L1s should be paid high too. It was not based on any scientific or statistical evidence.

    Why are you calling outsourcing companies scum? So do you call the companies that manufacture in China as scum too? I know tonnes of engineers from Infosys, TCS, Wipro and others who work for Google,Msft,Apple,Amazon etc etc. So now that these people have bathed in Ganga(google etc etc) their scum is washed off?

    "the speed of market" -The outsourcing companies are part of the market. Yes the salaries have gone down, but that's according to the speed of the market, not due to some participants outside the market.

    "committing pervasive fraud" - No US or foreign company will keep a company if the value proposition dosen't work for them. For Building a webpage or multi tiered web applications we don't need a rocket scientist. Hence, the market is paying what is deserved. Would you be able to keep a job if you don't perform in the US? Then why will an outsourcing company be treated differently?

    Ok it seems lots of other people are also responding so I'll stop here. :D



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  • gc28262
    01-16 06:48 PM
    Thanks for the post. Is there such a requirement when there is a renewal of H1B ?

    There is no such requirement for fresh H1B as well as renewal as per Law. That is why we call it an ILLEGAL memo. We all need to fight this together.

    NB: I am not a specialist in law





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  • unitednations
    02-20 12:59 AM
    How much investment is required to do this using the L1-A? This appears to be a better option than the EB-5 where money is tied up for years.

    You have to work for the company outside USA for one year. therefore, you gotta be out for one year.

    I am not advocating this but if a person were to go back home and wanted to come back later then al they need to do is start a business (could be consulting). After it has been running for a year then come to USA on L-1A to open up a sales/operational office and then open up your consulting company and start hiring/placing people.

    Note: You need to ensure that the company is real back home to get through consular process.

    I am actually very surprised at people. I would have thought that now people have come to realize that this could take a long time that people would dig in and start lobbying harder; strategizing, etc., instead, I am seeing more postings of people going back home; canada, australia, england, etc.

    I will give you my story. I came here in 1993 and stayed until 1996. Didn't really think about staying here permanently. In 1996 my colleague who was from Bahamas on H-1 got me on a conference call with company attornies about doing greencard. We asked her of the process and she told that the rules were you had to work with the company for 18 months; the process could take 3 to 4 years and then you had to stay for 3 years after the greencard got approved. We both just looked at each other and thought there was no way we would do it. He went back to Bahamas and I went back to Canada thinking i wasn't going to come back and why wait anyways.

    Three years later I decided I missed USA (note: Canada isn't much different but I still missed the "system" and the rush of working in the big economy with the biggest companies. I came back and stuck in greencard process now for many years.

    My conclusion is that I made a mistake of going back and should have stayed the first time around. Something for everyoen to consider going back to other countries or back home.



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  • gbof
    09-15 01:22 PM
    Doing it in the lat quarter could cuase visa wastage especially this year where it is anticiapted that there will be lot of spill over numbers.


    Now, with vast majority (if not almost all) of 07 petitions pre-adjudicated and waiting for visa #s for approvals, it is hard for uscis to wait up-to-end-of-the-year for spill over. Current economy only suggest fewer GC applicants in 09 and 2010





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  • bestofall
    07-14 09:46 AM
    Hi Attorney ,

    Thanks for your service.

    Iam July 2 2007 485 Filer ( EB2 - March 2005 India).
    I have received EAD & AP . Even we renewed our EAD and received Approval.

    but My wife & my self have not received BioMetric Appointment for 485 or EAD.

    As per August 2008 bullietin , Our PD will be current ...

    what will be the impact on 485 Approval , of not having BioMetric Appointment scheduled , even after 1 year of 485 filiing..

    Thanks again
    Bestofall ..



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  • mbawa2574
    02-16 08:27 AM
    No. I can't understand fairshot and equality when major bodyshops from a certain nationality flood the market here with people from that certain nationality, u keep ignoring that and coming back to the stupid suggestion that it's only because u have more talent
    suit urself, anyone who argues with you reasonably, tell them they are wrong and make assumptions about their motives and insult and alienate more members of your organization
    good luck

    Is this not racism ??





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  • crazyghoda
    10-16 11:38 AM
    A lot of EB2 folks are getting excited about getting the spillover from EB1 and EB2 ROW but has anyone contemplated that lots of EB3 ROWs will now start at looking at porting their dates to EB2 just as most people from EB3 India are?

    Boy, I sure wish I was a lawyer! If this system remains as screwed up for another 20 years, I am surely sending my kid to law school :D



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  • neoklaus
    02-15 10:39 AM
    the law does say that the GC numbers expire if unused.
    once expired USCIS has no power to use them.
    you need to study this deeper if you want to consider a challenge.

    ppl voting emotionally, mostly.

    Emotionally I'm pro, logically-contra.
    We have to change subject, lawsuit not for recapturing numbers but against modern days slavery or something...have to think more and consult with lawyers.

    Class action lawsuit- very tricky thing.





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  • vgweb
    09-14 02:38 PM
    Thanks for the great service- H1B valid for 3 years, 485 pending more than 180 days, need to go back abroad and work for another employer in abroad a year and then come back US - Working for different employer in abroad would cause any issues with H1B or GC? Pls provide ur valueable suggestions





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  • h1techSlave
    09-25 01:37 PM
    A quarterly spill over is advantageous to every body in the playing field.

    It is obviously good for retrogressed groups. It is even good for CIS, since they can plan their work properly and use up the visas in an orderly fashion.

    So if IV can use some of its massive clout to convince DOS to do a quarterly spill over, that would be win-win for all.

    Unfortunately we will have to wait until march and not december to find out if DOS is doing quarterly spillover because EB2 row already has more than 7000 pending 485, every quarter there are about 10000 Eb 2 visas, so technically there are already enough EB2 row 485 applications to use up the first quarter numbers.

    offcourse there are only 4000 pending eb1 485 applications and assuming not more than a 1000 new eb1 applications are added to the list there would be 5000 visas that could be spilled over into eb2, the problem is we dont know
    1. If DOS will do spillover every quarter
    2. if by miracle they do spillover will it only in there respective categories i.e Eb2 row to to eb2 india\china, or accross categories eb1-row to Eb2 row to Eb2 India\china

    These questions can only be answered by DOS. Hope DOS looks at what USCIS did and comes out with a Q&A of there own which explains if they are going to do a spillover every quarter or not. If not we will still be speculating to no end. Do we have to file another FOIA request to DOS to find out if they are going to do a spillover every quarter? I hope DOL also published a report every quarter like USCUS which contains the numnber of perm applications pending by month, year and country





    jungalee43
    12-17 08:20 AM
    Thanks for the update. No need to reveal any more details. At least I know the e-mails that I sent made their way to some one who matters.

    We have taken these ideas to executive and legislative branches of the government. Our suggestions/proposals have been taken up at the top most level. This has been discussed more than few times with favorable consideration. Without being able to share the specifics, we have received extremely positive feedback for our suggestions. Specific events have to occur before this and similar ideas could possibly be considered in the new administration.

    Thanks,





    NNReddy
    06-15 07:14 PM
    Guys, I am sure everyone in this forum will get greencard, unless they don't want it. You just need to be patient and wait for your turn. My priority date is 06/03 and EB3. I am pretty sure, I should get my GC by EOY 2011. I am in this country since 1997. Just hang on to your jobs or find a job if you loose one. You will get your GC. GC shouldn't stop you from pursuing your interests buying house or starting a business, there are always ways to do it.



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