Wednesday, August 10, 2011

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  • jhaalaa
    01-13 05:19 PM
    IV Core and Administrators

    1. AOS applicants using EAD are presently unaffected (if they do not have H1) by this memo. Could you please inquire from USCIS contacts, in case more similar "guidelines" are being planned for folks using EADs?

    2. Also is something more being planned/announced for AC21's "same or similar" criteria? A while back we had a thread collecting evidences and suggestions from the IV members about its interpretation. Please help provide a status update about the meetings with USCIS, IV core group discussions and plans, etc.

    Thanks for all your efforts.

    Best Wishes for all.





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  • she81
    02-15 08:11 PM
    To all proponents of country quotas:

    Well, if there is a cap for GCs then there should also be a cap on the number of H-1Bs that can be taken up by a country. There should be a cap on the number of allowable F-1 visas to a country. There should be a cap on number of employees of a particular nationality in an organization. There should be a separate line for different nationalities in supermarkets. Fair? Happy?

    Btw, why is there no cap on H-1Bs or F-1s and only for GCs?





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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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  • Blessing&Lifeisbeautiful
    07-24 03:07 PM
    Whys is India never an option to go back? After all, the economy is booming isn't it?

    Exactly, why is India never an option to go back? Our economy is booming. On July 2 after USCIS announcement, I was ready to go home, I had had enough of the USA.

    Many years in US and all we have to show for it is 25 lb bag of immigration papers!! And struggling to maintain status!!



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  • Rb_newsletter
    01-13 06:16 PM
    GC is for future employment....this memo is only for H1B. Otherwise you can sue them.

    haha I wonder if they understand that rule. If they did, then why are they asking for pay stubs for past 2 years?





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  • BharatPremi
    07-13 02:04 AM
    And Do you (canadian wanna be) have any clue that to get respected salary and position you will be forced by illiterate Canadians to have "Professional Engineering Certificates"... It will suck blood out of your body for 5 years... So just do not read "Greener Side" of Canadian Immigration... I know it may not be applicable to all but more or less most of will have to face the same music in their careers. My all Canadian friends and relatives want to be Americans.. Only some of them practically could proceed for that.. After some stage of life it becomes hard to move families.. That is the reason they are facing now to take decision and simultaneously do not want to live in Canada anymore.. If you have 101 fever it will take 1 month to have Doctor's appointment... GST.. Higher taxes.. statistically there are chances "Most of members of this forum - Canadian Wanna Be" will have less promotions and/or increments in salary eventhough they will find themselves most skilled wherever they will work. Top posts would be the dream for most of you guys unless you start your own business.. if you understand what I am trying to tell... In USA it is not that way.... Having said this I can not say that everybody will experience the same what I am trying to portray but most fo them will.



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  • ash27
    05-29 12:35 AM
    I've met couple of guys who came on L1 and have filed GC in EB1. they are simply project managers and exploited this loop hole... I'd raised this issue earlier but was scoffed stating that I would have done the same if I would have been at their place...Felt like slapping the guy who made this stupid comment.

    Given that we have played by the rules, lets prevent any kind of fraud to make sure that there is FIFO.....





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  • msp1976
    02-18 09:45 PM
    Brother; I am also an immigrant. At high levels; I think there should be no quota on employment base.


    I would say Amen to that....
    Hallelullah!.................



    The whole issue of asking for I-485 without priority date comes from the 'spouse not able to work' issue......
    Once 485 can be filed....Spouse can obtain work authorization and everything falls into place because of the derivative benefits of I-485......
    You see if the wait for GC was just 2/3 years...no one would ask for the 485 without PD provision.....
    But how long can I keep telling my well educated spouse( Bachelors degree in computer science..MS in progress) to put her career on hold ??
    There are cases of marriages falling apart because of this issue...
    Now United states calls herself 'land of opportunity' and 'defender of family values'..... What about keeping our families intact....??



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  • sertasheep
    07-04 11:25 AM
    Guys,

    I just took a snapshot. Thanks for bringing this to our attention!. You guys are great.. Thank you for all the help.

    I noticed that too but I thought may be they just putting rough nuumber and not exact..
    But you are right there were 3,185 highest ever..





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  • gcny2006
    05-28 11:58 PM
    Can someone tell me if this is right?

    - Total number of EB-2 visas = 40,000
    - 7% of 40,000 are allocated for India = 2,800
    - Number of EB-2 I I-485 apps pending = 30,000

    So if there is no spillover from other categories it will take north of 10 years for all the people who applied for I-485 in the July 2007 fiasco to get Green Cards. The only caveat to this would be attrition or legislation.

    WRONG

    Mr. Oppenheim has set the cutoff date for EB2 India at January 1, 2000. According to current estimates, out of the approximately 200,000 I-485 applications currently pending with USCIS, 120,000 of them are chargeable to India, with the cases divided evenly between EB2 and EB3. This means that EB2 and EB3 India applicants count for 60 percent of the I-485 cases currently pending with the USCIS.

    - Number of EB-2 I I-485 apps pending = 60,000

    so with no trickle it will be 20+ years



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  • vdlrao
    07-25 11:46 AM
    vdlrao i really appreciate you analysis and confidence on feature of EB2..can i know your category and nationality?:D

    Mine is EB2 India. I have a confidence on EB3 India as well but it takes about 2 years.





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  • django.stone
    09-17 02:18 PM
    Do you have any data to back your claim? I beleive there are more EB2 China numbers than India. I remember seeing some data a while back where Indian EB2 & Eb3 ratio was close to 50% where as China it was 80% EB2 to 20% EB3. Which makes me think there are more EB2 china than india.

    You need to multiply ratio with total to get absolute EB2 numbers. If China total is 100, 80% of 100 is, 80 and if India total is 1000, 60% of 1000 is 600. I think people are saying here that in absolute terms India EB2 > China EB2.



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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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  • _TrueFacts
    09-04 01:43 PM
    May he rest in peace...

    Shree..don't worry God will give him due treatment..



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  • 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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  • Jerrome
    05-13 09:53 AM
    @venetian:

    I was not responding to the Sri Lankan issue - please don't read it as such. As I said, my comment was tangential to the discussion thread. I was just writing about my observation of the behavior and attitude of Tamils in general in India.

    @jerrome:

    Your point about MGR/Jayalalitha/Rajanikanth just proves my point. These people migrated to Tamil Nadu, made it their home and 'assimilated' by learning Tamil and considering themselves Tamil and showing their love for Tamil - they did not become famous in TN by propagating Telugu/Malayalam/Kannada. Now, if only you could provide some examples of the other way around - Tamils who migrated elsewhere and who made the host cultures proud. Can you?

    There definitely are Telugu/Malayalam/Kannada natives in TN - but without exception, they have 'Tamilized' themselves to a great extent to live a normal life. Is the converse true?

    President of Singapore and people living in Singapore. I can go on with the list.

    Can i ask simple question to you. what language you speak at home, which temple you are going in US?

    Let us say after 25 years US is demolishing all the hindu,gurduars and asking everyone to convert to christianity. what will you do? Do you want to mingle into local culture.

    If someone is coming to your home and asking you to eat different food and speak different language and workship different god what will you do? This applies to even a state and to a country?

    Don't talk like a fool preaching immigrants should mingle with the country culture. We are not talking about immigrants here, Native Tamils in SL.

    Tamil people migrated to WestIndies,Fiji, Malay,USA everywhere they are living peacefully, because they have adopted to their immigrated country.


    I really don't know what is the point you are trying to make.



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  • surabhi
    07-21 05:13 PM
    For 2007 we had an availability of 226,000 Family Based Visas. But the issued visas in 2007 in Family Based are 194,900 visas. That means there are 226,000 MINUS 194,900 = 31100. These 31,100
    unused Family Based Visas have been made available for 2008 Employment Based Visas of 140,000. And USCIS has 28,795 unused VISAS of American Competitiveness in the 21st Century Act of 2000 (AC21).

    American Competitiveness in the 21st Century Act of 2000 (AC21) had recaptured 130,107 visas.

    Out of that 94,000 were used in 2005.

    7,312 were used in 2007.

    So dont know when the available 28,795 unused VISAS of AC21 will be used again.



    The unused family based visas of 2007 are 31,100 , which are going to be added for Employement Based Visas of 2008. So the total Employment based visas for 2008 are 140,000 + 31,100 = 171,100.

    Theses 171,100 EB Visas of 2008 will be split like, asuming USCIS is not using the availble 28,795 unused VISAS of AC21 below.


    (If USCIS decides to use some or all of 28,795 unused VISAS of AC21, then the available Employment Based VISAS of 2008 increases accordingly. )

    28.6 percent each EB1, EB2 and EB3. 48934 VISAS for Each Category.
    And 7.1 percent each EB4 and EB5. 12148 VISAS for the last two EB categories.


    So in 2008 the total Visas for EB1 and EB2 are 48934 + 48934 = 97868 plus unused EB4 and EB5 visas of 2008.



    The total EB5 Visas usage never crossed 824 in the past 10 years(Average Usage is 376/year).

    So there would be 11148 visas available for EB1 from EB5 (assuming 1,000 visas are used in EB5 which is highly impossible)

    The unused EB4 Visas may be couple of thousand or null, based on the past 10 years EB4 usage (7,223 is the average usage)

    Assume there are only 2,000 EB4 VISAS unused in 2008 (defenitely it would be more unused).

    So the total EB1 and EB2 Visas for 2008 are

    48934 + 48934 + 11,148 + 2,000 = 111,016


    The Family visas spill over is something I couldnt understand. They are retrogressed by > 10 years for many categories. Is that conflicting with spill over? Why would there be spill over with such backlog?

    I havent researched FB category , so apologize if its silly question





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  • aranya
    12-14 04:13 PM
    I know what I am about to say will trigger a lot of reaction and some resentment, but it has to be said on behalf of those who are not Indian. I think the per country limit is to ensure that people of all nationalities and races have an equal opportunity to obtain a green card and to ensure that no one nationality, group, or even sector (i.e. IT) monopolizes the so few visas that are available. In fact, in the visa lottery, countries become excluded when the number of immigrants from them reach a certain point, so we are lucky they do not do that in the Employment-based system!

    Dakota Newfie

    I think that by wanting to remove the per country limit so more Indians can avail of the green card quota is both asking for "special treatment" and a slap in the face for all the non-Indian IV members. The more I read the threads on this site, the more I feel that this organization is geared just to one ethnic group. I am sure that Indians probably make up the majority of members, but the founders of IV (I hope) did not want this organization to become one-sided! Please be considerate of ALL members and try to come up with suggestions that would benefit ALL members!!!:mad:

    I understand how the current system prevents people of one nationality obtaining all the visas but I am not sure how it prevents any one group or sector monopolizing. Care to clarify?





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  • akred
    02-15 04:32 PM
    What is the basis of your claim my friend?

    No claim, just fact. Sure, you can dress up a pig, but some people will still see it for a pig.

    http://en.wikipedia.org/wiki/Immigration_and_Nationality_Act

    Racial restrictions which previously existed were abolished in the INA, but a quota system was retained and the policy of restricting the numbers of immigrants from certain countries was continued.





    amsgc
    07-04 11:42 AM
    My suggestions:
    "Door slams shut for highly skilled LEGAL immigrants in the US"
    "US closes the door for highly skilled LEGAL immigrants"
    "US isolates highly skilled legal immigrants"
    "Broken Legal immigration system harmful to US competitiveness"
    "Legal Immigration system in shambles"

    "Flip-Flop: DOS & USCIS in cahoots?"





    BharatPremi
    05-11 09:57 PM
    buddy,

    I'm already in my beloved place and with your contribution and help to Immigration Voice, I can see the light at the end of the tunnel. Thanks for the help.

    Remember, you are doing this to potentially ditch India and to change your nationality and are going to take oath

    "I hereby declare, on oath, that I absolutely and entirely renounce and abjure all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty of whom or which I have heretofore been a subject or citizen; that I will support and defend the Constitution and laws of the United States of America against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same, that I will bear arms on behalf of the United States when required by the law..............."

    My question is, hypothetically if in future if there is a war between USA and India, and hypothetically you become a US citizen, how do you conform to the oath?

    Looks like my posting hit the nerve hard, i see it from your response.

    I'm cultured enough not to bring your mother and father into the conversation.

    Good Luck

    Nandakumar,

    It is pretty much proven that in your mental territory you have already ditched India and it is the USA which will take long to grant you a GC and then afterwards citizenship for which you almost represented your beggar like mentality. But that is not my concern and should not be. I have only one question to you and I hope youwould try to answer it with all possible honesty.

    Q: What will be your view regarding USA's official policy to consider LTTE a terrorist organisation? ONce you will be come US citizen how will you align yourself with this policy?



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