Friday, August 5, 2011

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  • Keeme
    07-29 10:59 AM
    Hi,

    Here is the case : I'm working for company A since long and has an H1B valid till Mid 2010.
    Company B has sponsored a GC for me. Its EB3 - India with PD Mid 2003 and I485 was filed on June 11 2007. Waiting for PD to be current.

    EAD was applied on 06/27/08 and was approved yesterday for 2 years.

    In this case,

    1. Will be advisable to start working with sponsoring company B on EAD or continue with company A which is holding my H1 and where I'm right now ? Since there is no direct employment relation between applicant with company B, I think its better to join GC sponsoring company sooner than later. I was on Company B's payroll for 2 years in 2002-03

    2. Will it be considered under AC21 ? Should USCIS be informed on that change ?

    3. What will happen to my H1B status which is good and valid till mid 2010 ?

    5 About dependants, my wife has applied EAD few months back and already started working with her approved EAD. My son is having H4 status.
    Any issue for them if I use EAD and move to company B ?

    4. In case I want to join some other company or start own business in near future, What will be the best step today in order to avoid any problems in GC process or after having GC ?

    Let me know If I may not be that clear in explaining my situation.





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  • ras
    07-12 06:21 PM
    I kind of see only couple of questions being answered. Is the immigration attorney answering the questions atleast those questions who have their full profile on IV?





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  • ramus
    07-03 09:35 PM
    This is strickly media drive thread.. please only post related to media drive..

    Thanks..



    We should ask Congress to postpone the July 30th fee increase while it studies how USCIS can function year round with the same efficiency that it showed in the last two weeks of June.





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  • franklin
    02-13 01:45 AM
    Do not evade the question, is it okay to limit the number of gold medals per country to 7% of all? Talk about athletics or swimming, not soccer. Do you believe there are "too many" swimmers from Australia or the USA in every Olympics? It just does not seem right... the quota system kills competitive spirit.

    Ethnicity has nothing to do with skill level. Consider this also, if no other countries come close to the 7% limit, but India and China are maxed out. Guess who loses just because of an arbitrary limit? Guess where those unused greencards go?

    They go to a pile of greencards, left unused and wasted. Wash, rinse, repeat the same cycle year on year. June 07 will be a looooooong way away (if you are from a severely retrogressed country), don't kid yourself.

    btw... i was agreeing with abhijitp.



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  • drirshad
    07-29 03:58 AM
    I live in MI and have worked for Big3 (GM/Ford/Chrysler) over the years. Last year Chrysler got an offer that their IT budget can be cut by 30% if they give all contracts to this company. After good research and due to money problems Chrysler took the offer. Came in TCS & Convasys took away most of the jobs and off shored them in no time. I moved out last year and have seen whole teams being wiped out. Only the manager who was there before stayed.

    Not sure if this offshore is good in long term or not. Obviously there will be fewer perms.





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  • dvb123
    02-14 03:00 PM
    Since the lawsuit is about the getting the lost visa numbers it will be a good case.

    4. INA Section 203(e) provides that family-sponsored and employment-based preference visas be issued to eligible immigrants in the order in which a petition in behalf of each has been filed

    The law does not mention anywhere that u cannot recapture numbers.



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  • dilipcr
    06-16 03:41 PM
    Nice well thought out arguments. This is the essence of a healthy debate.

    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.

    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". Cant believe I am using that word !!!.

    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.

    Employers will be restricted in applying for GC for very qualified employees only in the period of recession. This happened with companies like CSCO etc in2001. wherein many of my friends left the company because cisco was barred from applying for GC after mass layoffs. But then after a year or so they started applying again. If you are referring to such scenarios, I would recommend patience because the immigrant per se is extremely well talented.

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

    In my opinion it does not. But be careful in this forum though. People may view your statement as egotistic.
    Have a good day!




    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 agree that the employer will pay the salary that is cosummate with the market. No well meaning employer will undercut to save a few pennies at the risk of losing out on quality.
    What if the market pay scales are distorted through pervasive fraud ? If you look at it from an employer's view, it gets murkier. Believe it or not, low cost always signal lower quality. Trust me this is marketing 101. Google low cost and the perceptive signals. It is truly tough for the employer to trust the low cost employee's skillset.

    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.


    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.

    I agree with you on the above points. You are doing the right thing in not blaming others for the downtrend in salaries. However, you are fundamentally assuming that you would have enough time to upgrade and adapt. What if that assumption falls apart ? What if outsourcign companies hit your employer with people with your skillsets at abysmal prices through fraud ? Today many companies do not look into the long term but make short term decisions. They may prefer the loss in quality for the "immediate" cost savings. It may take time for them to realize their follies. In trading, they say that a trader needs to have enough juice to survive the market irrationality. In a similar vein, if you have the wherewithal to survive the employer's short term irrational decisions, then more power to you.

    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.

    That is exactly the reason I am here. I want to encourage the truly deserving. I dont know who the truly deserving are on this board. But they know themselves. My encouragement is for them is to ensure that they dont get bogged psychologically despite being immensely talented.

    .





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  • vdlrao
    09-15 02:44 PM
    I just wondering seeing these estimated numbers, with out having a proper information, for the given years.



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  • mirage
    07-04 08:48 AM
    Chanduv thanks for your efforts. A correction: retrogression started in fall of 2004

    I sent this email to around 500 media contacts

    Dear Reporter/ Senator/ Congressman,

    I am an immigrant who entered this country legally. I�ve been waiting for my US permanent resident visa -also known as green card for the past several .....Day with the hope that people who played by the rules will be rewarded.

    Yours Sincerely,





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  • gc28262
    06-16 03:15 PM
    I guess we should ban people like dilipcr and senthil1 who are here to achieve their selfish ends.

    Though we have the capacity to tolerate such self seeking anti-immigrants, it diverts the energy and focus of IV members from the reason for which IV was founded.

    dilipcr and senthil1,

    We don't appreciate your presence here as your agendas don't fit ours. Please stay away from IV.



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  • mbawa2574
    02-15 04:54 PM
    Dingudi,
    I didn't generalize. I said preponderence meaning "a lot of" cases with L1/B1/H1 and I am also not denying the fact the India is doing a great job in producing IT skills in great numbers. I am saying how they end up in America in greater numbers than any other country. China, Pakistan, Israel also produces lots of IT gradutes but they don't have the bodyshop connection to land here with an NIIT certificate.

    You are accusing people from India for using wrong credentials for picking up H1b/L1 jobs. This is ridiculous and pretty racist.





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  • chetanjumani
    12-14 12:45 PM
    You don't have a case. Before laws are signed, lawmakers spend hours and hours or weeks arguing, debating and modying before it is passed by both Senators and congressmen.

    If they change the current law to favor Indians, then it will be disciminatory to other nationals. Think the other way.

    Personally, I don't see any discrimination in the existing law. It so happened that you came from Indian and the law only allows a certain percentage per country.

    I am not sure if correcting a discrimation can be considered as discrimation againt group who were in an advantageous position before the correction is done.

    I dont think any one wants any changes in favor of a particular nation, in fact they want it to be without favor to any particular nation and treat every one with equality.

    I am not a constitutonal lawyer, but I believe if we pursue it, the per country limit may be removed.

    How ever I am not sure if that will be very helpful to us now. Even if there is no per country limit, i think we will have to wait for years before the visas are made available.

    I think, Immigrant voice should strive to make the system as fair and as efficient as possible, irrespective of in person who gains/looses from it.

    Another very important thing here is not to get divided amongst ourself. If we do that we are not going to get much.

    Take an honest view irrespective of your personal loss/gain.

    We might even try to ponder how we could use this to get media/public focus on legal immigrant community, and its inefficiencies. Use this to forward all our causes.

    We might want some people in PR to put this in media that perhaps there is something unconstitutional in the law, without going to the extent of filing a law case.

    I would encourage every one to come up with imaginative ideas to achieve our overall goals of an efficient and fair system for legal immigrants.

    Please help grow this idea



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  • PlainSpeak
    01-14 01:16 PM
    PlainSpeak,
    I say this in the nicest way possible.

    1. Instead of wasting time by answering here on the post, do something constructive for your own gc (whatever that may be).
    2. If you do not believe in IV and what it does, you are truly wasting your time. Second, which IV provision do you not believe in - visa recapture? excluding dependents from being counted? removal of country caps? which one of these hurts your prospects of getting the gc?
    3. Watching cspan definitely gives a person a better understanding of what is happening. No questions about it. But it is a passive exercise, as there is nothing you have done or can do or will do to change the outcome of what is happening.
    4. Let us hope that this DV bill goes somewhere - what kind of activities do you suggest we should do to prepare for it? With specific details, you may be able to persuade people.
    Ahh my friend willgetgc you are back and thanks for asking nicely. That is really appreciated. Ahh i see that you still have a tinge of anger but no problem. this is progress

    1. Instead of wasting time by answering here on the post, do something constructive for your own gc (whatever that may be).
    Some one has to make it clear and by that i mean explicityly clear to you all that the fact is you people are not the only ones who can write eloquontly and articulate and idea. And that your mob mentality ganging will not work anymore, There are other peoples out there and they also have idea and this is the one way to make sure all you people read what is going on becasue my friend you all are reading. This is the first step. The next step would be discussion of an idea and so one

    2. If you do not believe in IV and what it does, you are truly wasting your time. Second, which IV provision do you not believe in - visa recapture? excluding dependents from being counted? removal of country caps? which one of these hurts your prospects of getting the gc?
    None hurt my prcopect instal All are good for my prospect but my simple statement is that nothing small has passed in congress so there is no gaurentee that anything big will pass so instead of hangng on to the same old ideas (We can all can go back to them when there is mommentum on it) it is time to think about new out of box ideas

    3. Watching cspan definitely gives a person a better understanding of what is happening. No questions about it. But it is a passive exercise, as there is nothing you have done or can do or will do to change the outcome of what is happening.
    It seems that you are way behind the curve here my friend. That was written a long time agao but no matter you read it that is important. To your question yes watching CPAN is a start, i agree a passive start but a start. The next step is active participation but looks like that is something which will not be allowed to happen by all the senior members and donors of IV

    4. Let us hope that this DV bill goes somewhere - what kind of activities do you suggest we should do to prepare for it? With specific details, you may be able to persuade people.
    Ok my friend this is being asked so many times and it is painfull (Physcially) to type it again and again and so i will do it just once more and i would request all IV members donors to read about it here not ask the qeustion again and again but refer to this section which i have highlighted

    I have some plans and ideas. I am sure it would be duplicates of what you intelligent people people have already talked about and maybe implemented in full. Now for me to talk about my ideas (which you ask because you doubt my intentions) i would say i also doubt you guys intentions. I get abuses and specially i have MINUS 2000 points (That many people hated my idea), so for me to talk about it i need some questionable action from you guys who gave me reds because you beleive i am wrong and now want me to explain myself but you yourselves will not change you attitude or hostility





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  • mps
    08-18 06:46 PM
    he should be thankful to Indian Embassy... just imagine what would have happened to him if he was from a country west of India :-)



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  • BharatPremi
    12-14 01:15 PM
    I know. I work for a prestigious law firm and I know how hard it is to become a lawyer.

    Now it definately interests me to know the reason behind your interpretation. Please enlighten us about your interpretation





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  • paskal
    02-14 02:48 PM
    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?

    but actually an administrative fix is a very real possibility. the administration is currently willing and friendly to this kind of action. we need to draw their attention to the urgency of the matter and the need to act quickly. a lawsuit, if it were to happen is many years away. anyway USCIS cannot recapture any GC on it's own, so it will have to wait for a final verdict and order to do anything..assuming success.

    therefore i would strongly suggest promoting the admin fixes campaign at this time, we do not want to lose this opportunity. this is not an either/or situation. writing letters does not take away from any other ideas etc.
    a failure would not bode well in general when it is because of lack of participation. i want to hasten to add that letters have reached in the thousands now- but we need more, many more. please keep up the efforts, and thanks to the many that are working on this now...!

    also as i said earlier- someone needs to stand up publicly and be a leader. and one leader is not enough. needs a team. that team must be willing to disclose identity etc publicly, if they are to collect money. in any case a lawsuit is very public and anonymity is not an option. these are the very basis of starting such a project. no one has yet responded to this affirmatively. a lot of yes votes do not mean anything. someone(s) needs to be willing to stick their necks out with time, money, effort and a very public profile.

    just my 2c.



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  • greenscope
    09-24 10:10 AM
    When can I get my gc based on these uscis data for sept 2005 eb-2.Please suggest me.





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  • belmontboy
    05-29 04:17 PM
    We all need to concentrate on being united. No point in pulling down others. This is typical behavior of Indian attitude. Do you think you will get your GC faster if EB1 abuse stops??? I would say no, we would be still stuck in the same shit hole for another 10 years. Why waste energy on this??? We should rather work on more constructive action items.

    Our main problem is 7% quota for India, China and other retrogressed countries is simply not enough. We need some relief in any possible way.

    Sometime back i did suggest an idea of working towards a separate Quota (not counted towards 140,000) for Masters/PhD students. That horse was beaten to death.

    Lets think more positive and list down all actions that we could work.

    To start with i suggest on having a separate quota (not counted towards 140,000) for Masters/PhD students. That should ease most of the pain.

    If anybody has other bright ideas, feel free

    Channel your outrage on a positive action item





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  • sobyb
    05-01 05:17 PM
    Tomorrow if we or our generations are getting killed in the US, would you say the same thing. Now do you understand why the country needs to care about its people no matter where they are.

    "Tomorrow if we or our generations are getting killed in the US, would you say the same thing" ....

    Of course yes! If our generations are US citizens, US govt should take care of them and if they are part of any terrorist organisation, they should be treated the way terrorists are treated.

    "Country needs to care about its people" ... Its is in your quote ... Issue is about Srilankan's and their goverment should take care of it, NOT India. I don't think any one has a doubt about how LTTE should be handled.





    tammman
    09-23 09:18 PM
    I think its worth giving it a short, I support this.





    STAmisha
    10-03 10:28 PM
    1. You need to submit original transcripts and notarised copies of degree certs

    2. I requseted my current employer to give it. I quoted that I need them for applying to university

    3. I did my pictures from wolf camera. I took the photo instructions to them. They made exactly like that.

    I just got my PR approved and I got my passports back with visas.



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