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  • la6470
    01-15 06:05 PM
    Yes in my opinion also companies like Infosys, TCS, CTS or HCL - all of them have abused the L1/B1 visa program. At least with H1B the benificiary gets a shot at the "american dream". However with L1 visas - it is pure high tech slave labour. The L1 visa holders are dumped in client places all over the USA and they are paid even lower wages than their H1B counterparts and on top of that the L1 visa absolutely prohibits the visa holder from changing employers. The typical lifcycle of a L1 visa holder is to come to USA, learn from their US counterparts, co-ordinate between the US client and the offshore team back in India, save as much money as possible to pay off for the 2 bed room apartment or car back in India and then at the end of six months , beg their employers for a new project in USA. And during all this time they have to keep up a brave face - saying they dont really "like to stay in USA". Talk about "grapes being sour".

    However these companies typically are financially in a much better position and have stronger lobbies than small time desi bodyshoppers sponsoring H1 candidates - so USCIS haven't really got the guts to look into their activities as compared to desi bodyshops.





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  • snathan
    01-15 09:15 PM
    USA was like that for past 100 years. Many times Protectionist bills were passed and many times they were relaxed in past. There will be impacts but it will not bring down the country just because they block a few thousand H1bs. If USA needs to go down there should be some other alternative country should come up relative to that level. India and china have a potential but nowhere near to that for now as they so much dependent on USA and dollar.

    Stop your crap...your argument is irrelavent and does not have any logic.





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  • darslee
    07-03 10:24 PM
    I don't know about it. Anyone with details should post summary.

    I think it is not relevent for EAD/AP but we can use it when we need it

    Once a child turns 21 he/she can no longer be filed with the primary applicant. However, once the I485 is filed with USCIS the child is regarded as "safe" regardless of how long the USCIS takes to ajudicate the I485.

    I have that very situation. My son turn 21 in mid-January 2008. The original July brought great relief from years of worrying about whether our PD would become "current" in time. We scrambled to get ready to file 2nd July, only to have everything collapse around us again. :(

    Hope the info clarifies the "age out" situation!





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  • grupak
    02-15 01:07 PM
    You guys keep saying diversity is a FB immigration problem only not EB, hence no cap needed in EB.
    REALLY? Is it a coincidence that a desi company owner will usually have 99% of his emploees Indian? Thinking that employment depends only on skills is not realistic. A lot of the networking based on national origin interferes with how at least H1 jobs are landed here. So there is a reason to have rules preventing a monopoly.

    Cheers.

    Guys give it a rest. We are here to solve the backlog for all EB, and most effected are from a few countries. So unless the total number is increased by orders of magnitude, the pragmatic solution is what IV advocates. And IV is working to help everyone.

    If there is fraud or some other problem in the H1B program, let the USCIS do the policing.



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  • sanju
    09-23 11:03 AM
    already bought a house in 2004.. so no immediate use for me! but I do like the idea! it will surely benefit me if the queue reduces even by 20%

    although i wonder if there are people out there who really want to purchase a house in this financial crisis ?!?!

    This is a great time to buy a house right now. The prices are the lowest. Government intervention will stabalize the credit crisis and more deserving people with good credit score will be able to secure loans/mortgages. If the government bail-out doesn't work, well, gc and any related discussion will be irrelevant. So we just have to expect (or shall I say assume) that bail-out will work, which will stablize the markets, that means this is the bottom of housing crisis i.e. lowest prices available to buy a house. There couldn't be a better times to start an American dream....





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  • bagha
    07-11 10:56 AM
    Here's my situation:
    On H1 with company A since 2001. Current extension is valid till July 2010.
    Eb3-India I-140 Approved, Filed I-485 more than 180 days ago.

    Now I want to transfer my H1B using AC21. My questions are:
    1. If my current employer revokes I-140 what are the implications on my I-485?
    2. If I don't get my green card til my new H1B (after transfer) expires, do I get another extension even if my company A revokes my I-140?

    Thanks in advance.



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  • saimrathi
    07-03 06:39 PM
    please sign out of digg and then go to digg.com... is it still showing on top?

    both stories are on top!!
    we can also digg the comments





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  • bsnf
    07-10 11:08 AM
    Good Luck.

    I think you should publish your story.



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  • samay
    07-06 12:03 PM
    My LC applied in Feb 2008
    LC approved Apr 2008
    I-140 Applied May 2008

    My 6th yr H1B expires Dec 2008
    H1B Maxout Jan 2008

    I am short by around 20 days Should i recapture the days by going out of country for 20 days and apply H1B 1yr extension, Will i Qualify for 3 yrs in this case...?

    or should i just Apply for I-140 PP in Oct 2008 and 3 yr H1B Extension without worrying about recapturing 20 days.

    Hello

    In order to qualify for a three year extension one has to have an approved I-140. From the given facts I understand you will be eligible for one year H-1 B extension in February 2008. You can apply for an extension of H-1 B for a recapture of the days you spent outside India. You are not required to get out of US so long as your petition for extension is pending with the USCIS. Alternatively you can apply for premium processing of I-140 (when it commences). The benefit of course will be that you will be able to get a three year extension. You will have to weigh the cost of the PP with the cost of the H-1 B extension.





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  • fide_champ
    08-17 01:50 PM
    I agree with all of you that this is not worth talking. Instead channelize your efforts in supporting organization to contact lawmakers and make advocacy efforts.

    How is the other one better than this topic?



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  • PlainSpeak
    01-13 01:27 PM
    I wish- Logiclife would answer this thread. He has a way to explain things and put things in perspective. He is very direct and I like that.
    Yes i have sen LogicLife's responses before and let me tell you i am impressed. Perhaps an reply from him will provide answers. Not to say that you yourself have not been eloquont. As i said before yours was the only sane answer i event got, but i reply to all because to respect a person is to respect what he believes in and i do that by replying back





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  • ivar
    06-15 05:55 PM
    Ivar and group,

    I think you guys are missing the plot here. Let me reiterate loud and clear. I am NOT against immigrants getting GC. I will not, even in my wildest dreams, claim that the recession is due to the H1Bs and L1s. That is complete baloney spread around by the anti immigrant lobby. My point is let the deserving the GCs soon and not go thru the mindless wait I went thru.

    Having said that I am for the following :

    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 ? Shuldn't they get paid high too ? This is what I am arguing for. If the outsourcing cos dont 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 ?

    2. Grassley's bill may force some companies to move entirely to India or China. Isnt that good for India and China ? Why are the pro immigrants against this ? Some times I get the feeling as to who actually is pro and who is anti immigrant !!!! In adition, it may eliminate the many backlogs and help the deserving people here.

    3. People who have made a conscious decision to immigrate here have done so considering the standard of living as one of the primary factors in their decisions. In order to enjoy this standard of living, people have to constantly upgrade skillsets to remain competitive in an industry or move to another industry where mass interest is relatively low. Why should these people's lives, after all the travails, be impacted by the low wage scum outsourcing companies. Please remember these companies, like an other company on earth, operate only on self interest. No point in supporting such companies which in adition to the self interest principle also flout rules with abandon.

    4. In my opinion, self interest has alwyas resulted in the greater good of society. Do not confuse self interest with greed. Greed is what caused this financial mess. If people/companies operated with concern for greater societal good, they would have spent billions in concocting an AIDS vaccine for the children in Africa than to spend the same billions in concocting VIAGRA for the rich old men. Since employment based immigration debate involves companies' interests too, we have to balance societal good with some impact for the companies. My suggestion here is that let the outsourcers take the hit. They have always benefitted by flouting the rules. If your concern is way too high for your L1 brothers then you would find it prudent to bring in the law that clearly states "Pay high wages for the L1s or dont bring them in here". I dont understand what is wrong here ? Is it that I didnt convey my message across right or is it that people blindly support immigration ?


    As i said earlier i agree with you on few points but not all. I have an idea how L1s have been misused to bring in cheap labor but we can't blame them, its the system what allows them to do so. I am not blindly supporting L1s here but its simple demand supply ratio. When i started my engineering in india everyone use to opt for Mechanical engineering which was in great demand those days, its a cycle, Mechanical went down and later IT surged so believe me we are also in this cycle.. some day IT demand will also fade and there will be very limited opportunities available and there will be huge supply of IT engineers (ofcourse highly skilled and talented). The end result is lower wages. People starting their careers NOW should focus in future and what will be the next sector for great job opportunities rather than follow the crowd. We are almost half way through our career, some still have the energy and enthusiasm to upgrade or totally opt for a new career, while some stick to the same old thing.. its a choice we make and the result we get based on our choices.

    Standard of living ofcourse matters and is one of the important factor for coming to US but this has gone down recently not due to IT workers but due to US economy which shrinked at such great pace and trillions of debt US is carrying with it.. it had to happen as i said earlier there are lot of factors contributed for bringing down the standard of living.

    Lastly as you said the best to get their GC first.. agreed !! now how will you determine who are the best of the best.. points system?? or create more Employment based visa categories like EB1.1 for rocket scientist, EB 1.2 for PHd with 10 years and so on.. and do you think immigration system will get into this minute details. There are already three categories EB1 for best of the best followed by EB2 and EB3 and so on..(thats how US immigration does it). that doesn't mean EB3 are less talented people than EB2.. it is the circumstances you face while filing your GC. The problem is who will use the scale to check who deserves GC first and how they will judge who needs GC first based on what factors, protectionist attitude is not the solution and never going to help.. I hope i make my point.



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  • sj2273
    06-11 07:49 PM
    To be honest, I do agree that the US needs qualified people with skillsets. The real question is "Are the people from the desi consulting companies the real qualified lot ? " Just to get my background details out of the way. I am a new member, from India ofcourse, and I have recently applied for my citizenship. Now with this huge deluge of immigrants, especially from the desi consulting companies, I feel that my quality of life is getting adversely impacted. Do not rush to conclusions that I am anti Indian or anti immigrant. 12 years back when I first got my H1 visa, the requirements to qualify were strict. Staffing companies to a decent extent followed rules and tried to get the best and the brightest. Once the dot com boom started, people from all walks of life entered IT. This was true of not just the Indians but also of people in the US. Soon after the bust, the value proposition from these staffing companies was simply low cost. This is not to blame the staffing companies. They behaved in an economically rational way.

    Consider this scenario. If you run a consulting company, wouldn't you try to maximize your profits by staffing people in projects at the least cost ? This is econmically rational. You wouldn't worry much about the quality of the deliverables and all you would care is to dump as many bodies as possible at the client site or offshore and get the maximum bang for the buck.

    In this scenario, how is it feasible to expect immigrational justice when the bodies themselves dont provide exceptional talent and skills but simply offer low cost ? Now you would be tempted to bring in the analogous case of illegal low skilled immigrants. Remember they are just that - low skilled workers. They dont "steal" the jobs of high skilled workers. But this dumping of IT workforce has completely brought down the standard of living of the IT workers here. To be honest, those who get green cards today would feel the same way five years from now when the next wave of so called "skilled IT immigrants" offer even lower wages and destroy the quality of life.

    In summary, this retrogression is good in a way. The truly best and the brightest would still be employed until their turn for adjournment comes in. Only the weak are currently scared of the delays. I went through the same torrid GC phase after the tech meltdown in 2001. I was not worried of my job then but many people whom I knew got clobbered and were forced to leave. This is the darwinian flush and it will take its toll. Trust me this the bitter truth. If you people still consider that all the people on H1/L1 are part of the best and the brightest, they are WRONG. Only a small % (probably 20%) are the true best and the brightest and a good 50% will be flushed out. Sorry to say this and hey give me the red dots.

    Dear Dilip,
    Thank you for your kind words and analysis. But I am sure you will agree to the fact that bad apples are everywhere. You were qualified - good for you! Unfortunately, we are sailing in a boat that has good and not so good people. I can quote examples where I have not only come across dishonest indians but dishonest people from every nationalitly that you know of. I have been in the field for over 13 years (not a techie) and believe me my job puts me infront of all kinds of people. Now coming to the point - we are all here to find a solution to a bigger problem - retrogression and mr. op's decree that we will have to wait for decades before we can see that 485 approval. Well, I disagree and have a gut feeling that something is wrong somewhere. Its not a clear picture. I am optimistic about the fact that if we wish, we can still have people in the government at least look at our case. There is a lot of work to be done and we need help from people like you in doing so. We need intelligent people like you to advice, suggest and generate optimism and not derail us by letting us know that Indians are dishonest, not qualified etc. We all already know that!

    That does not serve our purpose to be here. Thank you for reading my posting.





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  • samay
    07-15 05:33 PM
    This is a question to the attorney.

    There has been several posts in this site as well as other sites about the recent PIMS delay for stamping in Chennai and other consulates abroad. (That is visa extensions based on approved I-140). In my case i am in 6th year of h1b and am eligible to get 3 years extension as my I-140 was approved more than 2 years ago.

    Some members had said it takes anywhere between 10 days to more than a month or so.

    Please advice us who are waiting for visa extensions based on approved I-140, as to what we should do to mitigate this pims delay.

    Because people like me get 2-3 weeks holiday to go back home and if the stamping gets delayed then everything including our job is at risk.

    I understand your dilemma.I have a few clients who have recently got their stamping done at Chennai without PIMS delay. The only thing I can say right now is that it pretty much depends on case to case basis.



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  • apb
    12-14 02:24 PM
    I really don't see how removing the per country ceilings alone without increasing the anual quota will help the entire comminity. If you do that alone all it will do is make the date retrogressed for all the countries even further. So where's the gain?
    Getting the anual quota increased, not counting dependents in the quota and recapturing visas from passed years will help EVERYBODY.

    If people want to think that something petty as removing the per country quota is going to solve all our problms then all the best (and God bless us all) ! :cool:

    PS - Pardon me if this sounds harsh but this is how I see it.

    We need to understand that the basic premise of the removing the per country limit uses the assumption that there is enough visa for all of us. But sadly this is not true. We have ask for increasing the GC limit from 140000 to xyz. The last increase was in 1990 which was after 14 years. Now 18 years have passed and there is no change in that direction.

    Increasing limit cannot be fought in the court. It requires changes in law. Removing dependents from EB based GC consumption also cannot be decided in court. But removing per country limit for EB/GC can be decided in court. Just because we are fighting for one does not mean we are ignoring other agendas of IV.





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  • sanju
    04-15 07:58 PM
    How about Simon for PM of India. This guy knows everything ahead of time -

    http://www.youtube.com/watch?v=RxPZh4AnWyk



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    .

    Susan is the best that I have heard till now. Simply awesome!

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  • villamonte6100
    12-14 02:39 PM
    I think you are taking it so personal. I am not opposing this idea. In fact, I suggested to check with your immigration lawyers and share what they say.

    All I'm saying is that, in my personal view, I don't see any discrimination on the existing law you are pointing out. I don't see anyone being discriminated. It just so happen that we belong to 4 countries affected by this quota.

    If we can ask the US government to probably give exception to us, I think that's one idea. But that's absolutely remote.

    My country of origin has got nothing to do with what we are talking here. You are taking so personal because you might have been waiting for your GC for quite sometime. Well, we are just on the same boat.

    This is an open forum my friend. So please take it easy.


    Villamonte,
    Just so that we can understand the background of your continues opposition to this idea, could you please let us know your country of origin? Also some information about which state chapter you belong to will be great if you don't mind. :)

    Thanks.





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  • reddy2cool
    09-23 09:42 AM
    Nixstor: I know how responsible person you are. You must have given lot of thought to this. Even if 20-30% people buy house, that reduces the no of applicants waiting for GC which will make it faster for the people that do not want to buy now for various reasons.

    I fully support this idea. Thanks for bringing such good and justified proposal.


    Definetely a good idea, I completely endorse it. Even for people who arent eligible/dont have money right away- dont you think reducing the line will eventually help all of us. we dont need to jump 100 ft at once (read relief for all) as long as we are able to jump 10ft once without injuring ourself. Also for people cribbing about seperating rich, anywhere in the world i.e the concept after all they are taking huge risk by investing their hard earned money (just like 20% people contribute to 80%of taxes) they need a break somewhere.





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  • desim
    07-14 11:13 PM
    Thank you for your service and to IV for helping us.

    I have a question regarding my wife's status. Here is our current status:

    She got thru H1B lottery this year and is waiting for approval. Both our I94 are valid until Aug 11 this year. I have a valid visa until 09 today. She does have a gap between Aug 11 and Oct 1, 08.

    Her employer says he filed her application as COS. I believe it will be CP as there is a gap in her status. We want to travel to India after receiving her H1B approval. We will be getting our H1B/H4 visa stamping and return before Oct 1.

    My questions are

    1. after our return what needs to be done for my wife to work from Oct 1. Do I need to file a COS or Amendment to change her status from H4 to H1b from Oct 1?
    2. If so which form will it be I-129? Is there premium processing available for this?

    Thanks!





    snathan
    03-30 04:03 PM
    Nathan, it is not about MMS, it is about congress. MMS is just a puppet as he was during Narasimha Rao's govt.

    Can you tell us with 100% surety that MMS will not get replaced by Rahul Gandhi after 2 years?

    Yes...only that puupet brought those changes and reforms. I dont have any issues for Mr. Advani, but please show me some track record as he was part of the ruling party for five years.





    sachug22
    09-24 06:40 PM
    If you see the number of application pending in EB2 ROW for 2007 and 2008 they are huge compared to previous years somewhere in hundereds which can mean having the above said issues. The number of applications related to the above mentioned issues cannot spike significantly in just 2007 and 2008. Either the data is old and can mean that these applications are processed and approved and we wait until the new data is posted.

    You can compare this with the PERM data. PERM data has very low EB2 ROW application in a given year and hence has always remained current.

    Is my assumption correct?

    CIS files your application until its time to process. Check the processing dates for Texas and Nebraska service center they are still in second half of 2007. So these applications are filled and waiting for the processing dates to move forward.

    I am not sure if any of your application was delayed due to CIS processing delays, but if they have limited resources they have to go sequentially in order of receipt date (and at time simple approvals AP/EAD could take 4-6 months).



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