Wednesday, August 10, 2011

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  • gc28262
    06-15 04:22 PM
    Ivar and group,

    ...............................
    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". ..........................................
    dilipcr,

    Please wake up from your dream. No matter how you want it, outsourcing won't go away.

    Outsourcing companies will always provide a lower cost to client as long as dollar is valuable than rupee ( or any other developing world currency).

    They can do this by one of the following ways.

    Use L1s for client site assignments. Some of these maybe illegal. Still they do it. Client is happy, outsourcers are happy.

    Let us say everybody complains to ICE about this and L1 visas are unavailable for outsourcers. Their next strategy is to change the ratio of onsite resources to offshore resources. Again they will offer a cheaper solution to client. For executing a project in onsite/offshore model they don't need all these L1 guys here. They just need a few managers and maybe some team leads. They can execute the project with minumum resources onsite. Company and client wins again. The only reason they place so many resources onsite is to charge the client at dollar rate.

    If US wants to prevent offshoring they have to ban offshoring explicitly. Doing so will go against the WTO rules.

    To summarize, outsourcing cannot be stopped. Salary levels will always go down with time.





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  • chintu25
    02-14 02:08 PM
    :mad:Guys do us all a favour Vote for or against the Lawsuit in the other thread





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  • gapala
    02-13 11:11 AM
    Lets see how a common member look at so called "GC Dream" and try to understand why there is no unity.
    Is it what is called "Inspiration" which is missing? I guess so. Can we call it "Motivation"?
    What else can we call that "thing" which stops us from uniting for a cause? "So far I am just "Encouraged" thats all, not inspired". Is this what it is? I do believe there is a huge difference in these 2 words.

    Everyone in this community are Brave and Courageous.

    Note: Do not jump on me asking What am I doing on all this. :) I think we just have to realize this to get a bigger perspective.

    Well -

    AMAN KAPOOR, JAY PRADHAN, HIMANSHU and everyone who are on the forefront are JUST ORDINARY COMMON PEOPLE LIKE EVERYONE HERE. the idea behind IV is to provide a support network. If people want to see success - they HAVE to be a part of it. The efforts of such organizations is not to make profits and then sell shares and perform well and then make people join it, it is to provide with a platform where people can help themselves.

    This is truely heroic

    Our primary issue is in our thought process. We want to do everything, we want everything in the world BUT we do not want to stand up and rise in unity. Not necessarly true in everyone's case. several people do not care about green card. Their approach is to stay here as long as they can (or They are allowed so to say) and if the situation gets violent or unbearable. They plan to choose the best option to move back to home country and take advantage of what ever is the exchange rate.

    We want to blame IV leaders saying they are rude and pushy. We come up with discussion threads saying we must do this we must do that and finally we see these discussions just getting buried. Again Not everyone does that

    Good examples of how communities thrive anywhere in the world are the Jewish community and the Patel community. The only reason they have succeeded is because they believe in themselves and their cause - they are all over the world and are united, they have managed to make their lives easier by uniting for their causes. There is no question that unity is the key but not easy as the individual goals are different. Unity is not constant..people unite based on the issue and its effect on them. Once the issue for which they united is resolved or becomes one of less importance" they will choose to stay away. There are several examples in the history even revolutions and freedom strugles. Unity pervails until the comfort zone then it takes its direction.

    Look at us - if green card is delayed - we say - I dont care about it, India is rising - but are we going there? No way - no one who says "India is rising" will go - in fat they will be the first to apply for any immigration benefit. Again this does not apply to everyone. Some may apply for immi benefit but nothing wrong in that and they take that concious decision on the situation that odds of getting GC in this life is near 0.

    Why are we individually so highly skilled and intelligent and capable but collectively so naive? As important this issue is for you, is not as important to atlease some of the members in the community. But still they will do what ever they can for the community with out any "inconveniene". That does not make then in admisible in this community. Does it? If yes, then thats the number 1 block to cross towards unity

    Why do we always want others to do it for us? is it because if there is any opposition the active ones will be affected and we can escape? is it cowardice that stops us from being united? Not necessarly. No one wants others to do anything for them. (Not the people who start new thread with action items for others and pop under the hood). I believe majority of the people are brave enough to take courageous actions when issues are important for them.

    I do admire the leaders in this community. We feel its cowardice because the importance with which the people who take lead on the issue expects others to take the issue at same level of importance. In order to be able to unite people on issues we will have to atleast "Convince" them that this is as important for them. I would suggest a poll to see how many are very serious about GC? Must to have, Nice to have, do not care. I am sure majority will be later 2 categories.

    What is success? How can we achieve success? The word success is "relative". Success for one may not be a success for other."
    Why are we finding excuses for not doing our part? "The reality is people do not think this is as important as going to work tomorrow".
    Why do we always want to praise others but not do something? "No Inspiration". Inspire them and see they will turn the mountian around.





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  • BharatPremi
    12-13 05:15 PM
    Isn't there any Indian lawyer who is a member of IV and can give some direction to this discussion?

    Yes, some law professional should really enlighten us for this deep waters.



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  • ryan
    08-17 01:56 PM
    Why do you think he is talentless? Just because he is not an ivy league or not a doctor? He is extremely talented. .

    Due respect Chanduv23 - I believe there are a million and more who've done better and fought tougher battles. I'd think some of them are here on this very forum. I may not have had an opportunity to grow up in India - however, I'm pretty sure - in fact quite certain, the sort of b'wood trash dished out, is nothing representative of Indian culture and ways of life. Most of the stuff encourages ills of American pop culture and feels desperate to the point of being foolish wannabees - and you know what's really sad -- that people from a nation with such incredibly history & culture need the feel to ape ills of American pop culture and the likes. As for Shahrook Khan - the man CAN'T act - unless you think some sort of speech disability, lip-synching songs (sung by folks with actual talent) and running around foolish women in skirts is talent and form art?! I wish the admins would remove the silly post from the forum.





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  • gc4me
    03-27 08:56 AM
    By Apr 26, if the LC Sub elimination becomes effective, will USCIS reject all pending LC Sub cases (I mean pending I-140, 485 etc using LC Sub) ?
    Any idea, please reply. Or USCIS will continue processing them as usual?



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  • GCapplicant
    01-22 02:26 PM
    Recently , Immi officers are randomly dashing thru H1B sponsor companies ,where any H1B petitions have gone thru or waiting for renewal. NJ -

    So guess its getting tougher - They have set of questions - from POEntry date with eaxct details of the petitioner.

    How many H1's the company has issued , salary matching with Tax copies.

    Guess - if the company has no base or structure , the so called employees name inot there physically or the whereabouts .

    This happened today a checking in NJ. All the papers should be in hand

    Its getting tougher





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  • gcdreamer05
    07-17 11:50 AM
    Hi Attorney,

    My friend has an I-140 EB3 priority date oct 2005 approved and he had filed for 485 during july 2007.

    He also has another approved LC under EB2 category and he has to file I-140 now.

    In August 2008, the EB2 priority date becomes current for him since if he interfiles he would get oct 2005 on his new I-140.

    Since he would be porting his EB3 PD to EB2 I-140, is it allowed that now in august he can file both I-140 & I-485 along with porting PD request.

    or should he only file I-140 with porting request alone.

    Does USCIS still allow concurrent filing and in this scenario can he file concurrently.

    What happens to his earlier 485, does he need to withdraw it or how does it work. He is still working on his h1b now.

    What will happen to the EAD which was recieved but not yet used. For the new 485 will he get a new EAD or how does EAD depend on changes to 485.

    Please clarify.

    Thanks.



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  • unseenguy
    08-16 05:51 PM
    SK2006 and snathan:

    I do not agree.

    First, there is no "profiling" in India. Everyone gets frisked and security at airports in India is top class. Problem with US is "only select" people get frisked most often based on their skin color or names. This is a fact. I am a frequent flyer consultant , I have observed this many many times.

    Second, Indians are doing what they are supposed to do. first, they show respect to dignitaries by not frisking or not stripping robert gates, george clooney or bill clinton or any other dignitary from any other country. Americans are not doing what they are supposed to do.

    When geroge fernandes was stripped , he had a diplomatic passport. Everyone knows he was defence minister and there was a delegation with him. Secondly, abdul kalam was frisked, which I feel is also negligence of Indian authorities not to be assertive.

    So Indians are not doing their job by not being assertive and taking care of its own citizens. and not pressing for their own rights,

    I do not feel so bad about Shahrukh, although I think it is profiling, as I do for fernandez and kalam.

    This is nothing but profiling and some stupid hot headed mentality. Let there be frisking of americans and stripping of them at Indian airports. Will americans accept it? If not why should Indians not make noise about it?

    Rules are rules, provided they apply equally to americans and Indians. otherwise its profiling or discrimination.





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  • bfadlia
    02-15 04:38 PM
    America is about freedom and liberty and is a law abiding country. Country caps is discrimination with people of two countries which have almost half of the population in the world. I am not saying increase visas for India or China. I am only saying increase the total number of visas and then make the system FIFO so that every skilled person in this world have same access to immigration.

    Finally an honest admission. You finally say there are more Indian and Chinese here because they have huge population.
    If you can't see the insult in keeping to say "best and brightest" then I would have wasted my time.



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  • logiclife
    06-27 11:35 AM
    From pages 36-37 of CIS Ombudsman's 2007 Annual Report to Congress (http://www.dhs.gov/xlibrary/assets/CISOMB_Annual%20Report_2007.pdf).

    In the 2006 Annual Report (at p. 16, AR 2006 -- 02), the Ombudsman also recommended that USCIS assign visa numbers to employment-based green card applications as applicants file them. The Ombudsman continues to recommend that USCIS work with DOS to reinstate that process which existed in the early 1980s, wherein DOS issued visa numbers for both employment and family-based applications for applicants as they applied rather than as they were approved. This process would ensure that USCIS does not accept more applications than the number of visas available.
    With respect to the recommendation that USCIS assign visa numbers to cases as they are received, the process the Ombudsman describes was the process in place a number of years ago. DOS, which manages overall visa number allocations, modified that process to the procedure in effect today. It is their policy to allocate visa numbers to USCIS adjustment cases only as the point of approval is reached.
    However, through the tri-agency meetings, DOS explained that the modification to the program occurred in the early 1980s because INS could not adhere to the requirements to return unused visa numbers immediately. The Ombudsman understands that DOS prefers that cases are reported qualified for a visa earlier than at approval. In the last several months, there have been several suggestions on how to accomplish that task, but operational concerns remain. The Ombudsman hopes that USCIS and DOS can reestablish the older program with improved processing and technology to ensure timely and accurate reporting of cases ready-to-issue and to prevent the future loss of visa numbers.



    Yes. Agreed. But what this means is that if they approve too many cases then they may issue August bulletin with retrogressed dates. And that's fine because they can do that and everyone expects dates to retrogress either in August bulletin or in subsequent bulletin.

    Which portion of the Ombudsman report says that "In the middle of the month for which bulletin is already out there with current dates, they can just stop accepting applications and sort of "REVISE" an already issued bulletin".

    WHERE DOES IT SAY THAT ???

    And I am still looking for source of information where in the middle of the month for which a bulletin was already issued in preceding month, USCIS chose to stop accepting petitions and not honor the bulletin issued by DOS with current dates.

    I am seeing a lot of copy-paste from lawyers websites but NONE, I repeat, NONE has a government website URL or any official source.

    Those who still want to believe can choose to believe this. It will make people file on July 1st, if its in their hands. If its in the hands of HR department and company lawyers, it will make them raise their blood pressure until the lawyer sends them an email on July 25th that the Fedex went out today.

    I believe that regardless of what August bulletin shows, July bulletin on DOS website applies to month of July all the way thru July 31st and as long as you file before July 31st, you are fine.

    I made myself look like an idiot by asking such questions to my lawyer, who is already going nuts over the suddenly sky-rocketing workload of 485 petitions. There is another guy who made a fool of himself by asking the lawyer this question.

    And people keep posting new updates and baseless sources to add credence to this baseless rumor. Suit yourself.





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  • mariusp
    02-13 02:28 PM
    What ever gave you the idea that EB ROW only wait for 3 years? There's this common misconception flying around here that somehow ROW just cruises by and we get GC handed to us on a platter when in fact up until yesterday EB-3 ROW was just as retrogressed as any other category not to mention that labor (pre PERM) and name check delays affected ROW just as much as everyone else. For instance, my brother, who is EB3-ROW with a PD of Dec 2002... and has been in the US since early 2000 and is still waiting in line...so do the math.

    We're all in this crap together, some worse than others... so let's stop with this ROW Vs India & China nonsense. Country quotas are unfair and frankly the entire GC process is unfair and unpredictable... We should aim for solutions that solve this issue in a comprehensive way, not by dividing us even further.


    Per country quota is what is killing India/China.. and that is the fact.. on an average ROW person waits for 3 years whereas India/China wait for eons.. as WD said if some one wants diversity go apply for a lottery or for better seek asylum... :mad::mad:



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  • jonty_11
    06-28 12:24 PM
    For July 485 filing, can I send papers in Saturday June 30th ?
    No wonder they are expecting retrogresson ....in first wk of July...
    Guys take it easy..!!!!





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  • gjoe
    02-14 03:27 PM
    How many of us who contributed to IV mentioned that in the AOS application form I485. I guess you are supposed to disclose your affiliation to IV, atleast when you are a contributing member. If this is true most of us will automatically disqualify for a GC because we failed to disclose information truthfully


    .
    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.


    BTW I will contribute upto $1000 for this lawsuit initially. I think Law suit is the rightway to go. We should not be afraid to file a lawsuit. We have come halfway around this world to make our careers and life in the USA knowing well that the bodyshoppers will exploit us until we get our GC. We are in a situation were we never even dreamed before that a govt agency like USCIS will also keep our lifes in limbo like the bloodsucking bodyshoppers. Now it is our turn to step up and take the fight. We will not lose anything even if we fail, afterall our lives on this earth is nothing but a fight for our survival and what we believe in.

    LET US RISE UP AND MARCH FORWARD.



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  • gjoe
    02-15 12:07 PM
    Its just that you chose not to leave. The correct description of the situation is - you are imposing slavery upon yourself and asking for remedy from the government. Isn't that correct? Jazzy is simply saying that you can leave if you don't like it. So you are not a slave. Its that simple.
    .

    A person can kill himself to solve all his problems. But that is not the point. If I have come here to work and you have things setup in a way that it can be used to exploit you ( e.g. employer holding back your pay for no valid reason) that amounts to indirectly supporting slave business. The word "slave" doesn't make high tech workers comfortable because they don't want to be categorized as such. But the trouble they are going through is similar to that of the slaves that were taken by the brits in olden days for working at different places in their colonies. If you look at the way most of us work here, it is almost same. Someone (called ur employer) brings you here, he puts you in a place to work reporting to a differnet master sometime many. This exactly how slave trade was working in olden days, but today instead of us working in plantations or laying highways we are working on the building the IT super highway.


    I rest my case here for now





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  • senthil1
    06-26 12:42 PM
    I did not see any precedance for stopping I485 in the middle of months for past 10 years. If it happens that will be first time

    What I noticed is these kind of roumor comes from those who already filed and got their receipts :D :D

    Isn't it??? ;)


    Mid month retrogression is possible acc to Murthy but that may not happen in July

    Everything is a speculation here. USCIS is the winner - always keeps us guessing.

    Some optimistic coments I heard is - USCIS is now prepared to clear backlogs and will accept a lot of applications this month as they do not want this year's visa quota wasted.



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  • snathan
    01-14 01:47 PM
    My friend works for Deloitte & Touche and they charge $550/hr and he gets $75/hr.. so what? And he is USC.
    Do you know the rates top consulting company charges? they normally starts from $400/hr+ in Accenture, PWC, KPMG, E&Y Etc and their employee's do not get paid more than 20%. Its a practice around the world.

    But the difference here is the LCA says their salary as 55K.





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  • immiuser123
    07-24 07:00 PM
    a) Now you can pay for 80% of the list you mentioned using Internet and e-seva kendras

    b) With Right For Information act you can drag people to thier knees if someone asks for bribe.

    d) You can have to see the move Die Hard 4

    e & f) what about the products here from China

    g) Well it depends on the kids


    Its not the question of economy alone. When deciding to go back. Its a question about convenience.

    a) I don't want to stand in line to pay my Electric/Telephone/House Tax/Income Tax/Train Ticket/Air Ticket/Bus Ticket/Children Admission-donations/Petrol Line/LP Gas Line/Restaurant Line/Chola Bhatura Line/Samosa Line/RTO Office line/Registration line/License Line/Stock Buy line/Stock Sell Line/Bank Deposit Line/Bank Draft Line/Fixed Deposit Line/Kisaan Vikas Patra Line/Registered/Speed post Line/Blue Dart Line/Company registration line/College admission line/College fee line/University degree line/Interview Line/Booking a Car line/Beer Whisky Line/Canteen Line.

    Half the country stands in line, the other half manages the line. Neither has any civic sense.

    b) I don't want to bribe babus who manage above lines to get ahead in line.

    d) I don't want power failures/cooler failures/ac failures/broken roads/or other catastrophic system failures.

    e) I dont want fake or mixed eating oil / flour / milk / cheese / butter / peppers / lentils / rice

    f) I don't want dangerous chemical fertilizers in my produce (slow killers - massive kidney failure rate in India for past 10 years)

    g) I don't want to teach my children dishonesty and tricks of survival/street smartness (in ref to corruption in India) which don't add any value to their personality.

    h) The only reason I would wanna go back is for my immediate family and friends. Thats the only thing I miss when it comes to India.

    I wouldn't go back and I believe even MK Gandhi himself would'nt leave from Africa for India in todays times.

    Also Its the enemy within (corruption) which can cause great harm and we have that kind of enemy now. You can never ever change the attitudes which people carry in India without another revolution.

    I am sure I can come up with a huge list of positives too, They will sound very good and will give me a great feeling of fake National Pride.

    Now go ahead and kill me for saying all the above.!!





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  • eb3_nepa
    09-23 12:31 PM
    How do you propose to actually IMPLEMENT this though? I mean how does one actually get out of the quota by "simply agreeing" to buy a house? How does the USCIS enforce that? Don't get me wrong, I would actually possibly benefit from this, but I am not sure how exactly this will go down? The anti-immigrants will see this move as a "BUY YOUR GREEN CARD" or "THE US CITIZENSHIP UP FOR SALE" move.





    alterego
    12-14 04:40 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!

    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:

    Mostly agree with you about not wanting to alienate non Indian IV members. However you need to understand that any change won, however small or large will have some winners and some losers in it. Earlier this year, when IV was pushing for 485 filing without visa numbers, it was not very comfortable for those who had already filed 485. In fact, some even cancelled their membership over that.
    Some of us, who filed 485s years ago couldn't have felt good about that. In the end, the flower power campaign was done and worked, allowing 320K filers to join the 485 queue and those of us who we were floating merrily along, felt like we got hit with a tsunami.
    Yet we, each and everyone of us has to learn to look at the bigger picture and not look for our individual goals to come first. When we look at the stated objectives of the organisation, everyone of us has something positive to gain from it and should contribute in our own way, just find something to add your little weight to the effort. That is the kind of spirit we need. The collective force of everyone(guided by the core leadership) is what gets things done.

    In a way, it is about each individual taking some action to help himself/herself by helping the organisation. Whatever little you have done, think to yourself, if this action is multiplied by 25K what would be the outcome. Then you get a sense for our collective power.
    If you gave $100, then 25K*100= $2.5 million. Now thats a warchest!
    On the other hand, if all you have ever done is to come to this board and whine, then I sincerely doubt 25K people whining in private ever got a thing done. Now if 25K people were to whine to their congressman...................

    If each of those 320K 485 filers in July/Aug were to add just 10 Bucks to IV, imagine the impact. One can only wish. Of course a greater burden falls on the shoulders of an enlightened few, but hopefully as more poeple find ways to contribute, things become stronger. I'm impressed by the success of the 30K funding drive.





    amoljak
    05-10 04:52 PM
    I partly agree with you. But Employer petition is not the right answer to points based system. A fair way would be to keep employer based system of H1B (with portability) as an entry point in the country and criteria to stay. But allow self petition after say X years (4 maybe) of continuous employment at wages higher than prevailing wages and in your area of expertise. In that case Labor cert can also be eliminated because if you have continuous employment for 4 years, the business definitely needs you.

    So the process can be:
    May 2006: Come here on H1B
    May 2006 - May 2010: Work at wages greater than prevailing wage may be 10% higher
    June 2010 - Submit your W2s, paystubs, Tax returns, Application for Green card
    July 2010 - Get green card and enjoy :)



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