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Thursday, June 30, 2011

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  • snathan
    01-15 04:03 PM
    No this rule is not against the H1B. Kindly read the rule. This rule is against body shopper and who do all kind of illegal activities. No pay on bench, 80-20 , no LCA ,no value addition etc etc. Their whole existence was questionable from day one. Why don't they do the same business with GC holder or US citizen ? Because they are not required in food chain of consulting. Period. Check out people from one state of India buy H1b . I will use the word buy. It's like buying air ticket along with visa fees to come to usa. USCIS is nailing there.
    Do you think that purchasing H1B visa is Okay as per us rules ? It was never legal. It is not that they made a new law or changed a rule. They just said , we know where was the hole and they put some bricks there. So your logic they will do to EAD and GC is pure speculation. Yes during second world war they arrested people with Japanese connection.
    They have not banned H1B . Period. Why I am happy ? Because now there will be direct relation between job and H1B. No illusion of fake job. Second, now only good companies will be their ( Accenture , deloitte ) and they will need H1b consultant. Mark my word, US companies can not live without H1B and they will hire H1b directly and will sponsor them.
    These companies will never bill below a low limit. The Indian body shop and their gulam agree for any rate ( yes even10$/hr for tester job ) and kills the market. It will usher a new era ( good ) for H1B. Due to these cheap desi dallas real companies never felt the need for sponsoring H1B. In my own case , the client did not give offer to perm because I was cheaper in contract to them. Finally when I resigned and on last day of my 2 week notice period client offered me to sponsor H1B. I refused as some one else had already filed my H1b and I continued there. I am happy for the beginning of this new body shop free time.

    What about the legitimate people who didnt buy the visa and due to USCIS, struck in GC black hole...? Do you have any way to segregate bad apple from good one. You just want to throw the baby with bath water. Period.





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  • kevinkris
    02-12 01:44 PM
    Can anyone explain me..





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  • richana
    07-30 06:38 PM
    Ohh the moral police (shiv sena etc) are out, chill out dude what is decent to you is not necessarily indecent to another man and and vice versa. You enjoy the same thing if Salman Khan does it in his movie, right? Don't be a Bore for real get my drift? Or were you the Amway gut I met?





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  • srikanth
    07-11 06:23 PM
    Hi congrats and good luck !!!

    but, remember Once an American Always an American !!!

    Live free or Die !!!

    Please, do come back , when they fix immigration system... America does need skilled talented professionals like you to compete against outsourcing in a flat world.

    and remember Canada does not yet has a professional football team, go patriots !!!



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  • fide_champ
    08-17 01:59 PM
    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.

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





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  • bestin
    01-10 07:11 AM
    Dont worry dude.my pd is eb2 Jul07 and my L1 expired in Dec.My company applied for my H1 in sep 09 and it was approved in 3 weeks without RFE. Some of my friends in consulting got RFEs for renewal but was eventually approved atleast until the date of contract.

    Hello Gurus,

    My priority date is Aug 11 , 2006(EB2) and my 6 year H1B ends Sept 2011. Is there any chance the priority dates will move to Aug 2006 levels in FY2010? Or in FY2011? I am really worried because these days people are getting rejections for H1 renewals. When my time comes for renewal I want to have the EAD as a backup in case H1 renewal gets rejected.

    Please let me know your thoughts on movement to Aug 2006 before Sept 2011.

    Thanks.



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  • senthil1
    02-13 09:11 AM
    I think unused other country quota is used for oversubscribed countries like India and china in the last quarter. If that is true then even removing country quota will not make much difference for Eb3. Now waiting time is 7 years. It will be 5 years for all the countries. When they remove country quota persons from countries like Europe may lose interest in applying gc as they may think is not worth for them to apply and wait 5 years or more as there is not much difference in lifestyle between US and Europe. I doubt US will remove country cap. But we never know as world changes fast nowadays.Anyhow country quota is not correct and it is similar to reservation in India. If reservation concept is correct then country quota is correct as every country in world get benefit.


    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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  • Michael chertoff
    07-12 02:03 PM
    My question:

    I left my GC sponsoring company, and joined different company on EAD. working in new company from last two months.(My I-140 was approved on 2006.)

    I did not used AC21 , because my previous company is supporting me they said they will not revoke I-140 and will give me any letter on any RFE.

    My question:

    1.Is it Ok that i will keep working on new comapny without invoking AC21 and go back to my previous employer on i-485 approval.

    2. Or in case of any RFE i will send the AC21 paperwork from new employer.

    3. Or if there is no RFE, and i get approval. then i will go back to my old employer and ask them for a letter that they are not able give me job because of there financial reason(for my records to show that i wanted to work for that employer). I will keep working with new employer without informing USCIS.

    please suggest what should i do in this situation.

    Or it is must to INVOKE AC21 for me even both companies are supporting me.

    thanks.

    MC



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  • go2roomshare
    07-11 06:11 PM
    I know people who got their GC in 7 months from the date they filed PERM. and then there are many people getting GCs every month. There are both good stories and bad stories to tell about getting GC in US.

    There were times when H1 quota never reached the limit during the whole fiscal year, now they get used in just 2 days. This mess in GC process is a result mainly due to our own actions (temporary workers and consulting companies hiring temporary workers). Do you think majority of us once we get GC, stay with the consulting company that filed for our GC? When a consulting company files for PERM, they already have a foreign national working under H-1B in that position. So where is the real intent to hire an American when some foreigner is already working at that position?

    This employment based GC is a way for us foreigners to immigrate to US easily at one point. Now due to our extreme usage and abuse of this process, there are genuine people who are being sponsored to immigrate to US are also suffering. In a true employment GC scenario, the company should be desperate to keep you for a long time (more than 6 years after H-1B is maxed) for your valuable skills that they were unable to find in others. But in most GC cases, looks like we temporary workers are more desperate than our employers for the GC? aren't we? Do you see any companies sweating on how to retain you with them, because you H-1B is expiring and they have no way to keep you?

    Do not put all the blame on US immigration system, the majority of the blame should fall on us and the companies who are helping us to get GCs when our cases are not based on genuine sponsors.


    You are right, this is partly true. I work in one of forture 20 company , they redid whole GC on EB2 since Eb3 PD is getting wrost. it wad done just to make me happy and keep me with the company. How many employers will do that? I know lot of my friends had to prey employers and pay from their pocket for same. It is really comes to individual case. on whole i belive we are in more disparate position for GC than employers who really should be.
    this is open secret, don't you agree.





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  • sroyc
    02-14 11:59 AM
    I was watching an episode of the BBC series - Planet Earth where people involved in the conservation and protection of the tiger and other endangered animals were lamenting about how difficult it is for the intellectuals to convince those living close to these animal habitats to help in conservation when they are not able to feed their children and are affected by the tiger killing farm animals.

    This is not exactly similar to the ROW Vs India/China debate. I'm definitely not implying that ROW applicants are not intellectuals. The gist of what I've learnt from that episode was that we cannot push for removal of per country quotas without significantly speeding the processing times for everyone. I have no doubt that the per country quota is unfair to people from countries with large populations simply because we are representing ourselves and not our countries here. (We have been bracketed according to the country of birth in order for USCIS to enforce the current immigration laws.) But at the same time, we'll lose the much required support of ROW members if our approach is to unload a few years of our misery on them.

    With so many people stuck in the backlog, we definitely need a one-time fix to flush the queue before we can lobby for removal of per country quotas.



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  • GC9180
    09-25 03:20 PM
    monthly number calculations not quarterly or yearly

    http://immigrationvoice.org/forum/forum5-all-other-green-card-issues/628361-useful-links-how-visa-allocation-happens.html#post967308



    http://www.state.gov/documents/organization/87963.pdf

    from the above doc

    "9 FAM APPENDIX D, 405 NUMERICAL CONTROL"

    .... Each month a determination is made regarding the number of visas that can be made
    available on a worldwide basis. .......
    Numbers are made available in the chronological order of the applicant’s
    priority dates. The monthly cut-off dates, which are used to determine
    whether an applicant’s case is eligible for final interview, are published in the
    Visa Bulletin available on the CA Intranet site....".





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  • sk2006
    08-15 04:00 PM
    Your argument sounds like "Yes we do harass our own people here. So there is nothing wrong in harassing other country people"

    Not at all. That is not the point.
    Point is, they have some rules and security setup(You can argue whether it is flawless or not!) and it applies equally to all. No matter who he is.

    This is really good.

    In India Cops will not dare touch a celebritiy or a politican or Son of a big guy.
    Here if they pull over somebody and it comes out be a celebrity, he/she would still get a ticket. While in India, Cop will salute him/her, probably take an autograph for his kids, appologize to the celebrity for the inconvenience and let him/her go. That is the difference.



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  • Lasantha
    12-14 02:43 PM
    Yes BP, in that case Britain too will be oversubscribed just like IN,CH,MXa and PH.
    7% ceiling applies to all the countries not just the ones that happen to be oversubscribed now.

    O.K. Forget for a moment about IN,China,MX and Philipines. Let me understand the "Quota" witihin "ROW"

    Example: Britain, Pakistan.

    Let's say next year tons of nationals of Britain Choose to apply under EB.
    Let's say total is more than 7% of Total 1,40,000 limit.

    Is that allowed?

    Same question for Pakistan...





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  • Beemar
    04-01 03:33 PM
    In a democracy people get the leaders they deserve.
    :rolleyes:



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  • gc_samba
    07-17 03:23 PM
    Dear Attorney,

    I was hoping you could help or answer this question.

    My GC was approved last month after a very long wait time. Currently I am working for company B on EAD (not the GC filing employer). The question I had was can I continue to work for company B on a part time basis and join company A (GC filling employer).

    Company A has a 9 month probation period I am worried if i quiet company B and company A fire me later then I will be with out job.

    So I can work for company A (GC filing employer) full time and at the same time work part time with company B.

    So this way if company A does fire me during probation period I continue with company B on full time basis.

    Is this ok will it come to haunt me when I file for citizenship?

    Thanks

    Dev.





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  • gjoe
    02-13 04:57 PM
    I liked your concept of approaching "fresh law school grads" but...
    If we are planning to approach with such a big task which I would think needs lot of experience in the law field and not sure if its worth taking an approach with fresh out of law school grads...I personally feel this experiment of working with fresh law school grads might be risky and I doubt if they even know any in's & out's of USCIS tricks,rules and dramas which they keep changing now & then quite often....

    As always experience counts one would choose to see how much experience they have and in this case if we go with these BRAND NEW.. fresh out of law school grads who may or many not have any winning track records might be not worth it I guess..


    No one would learn to walk if their parents were afraid they would fall.

    The young grad has more fire in him than a seasoned vetran. I think we need more fire in this case than just experience.



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  • ita
    03-30 05:14 PM
    Govt is never one man effort/show.It is a team effort. Just like software projects are.For sure it will not be one man show with BJP.We have NDA's rule for example.While we are that NDA had allies in it too.

    Those used to congress style of rule mistakenly think it is one man show.

    So you want to think it will be LK alone that will be delivering the output and not his team.Ok that's fine. I and others tried to show you what/when MMS brought reforms .But still you are saying
    Yes...only that puupet brought those changes and reforms.

    Now going by your track record how do I assume you will accept LK even if I showed his track record.I have shared so much so far ,it may not be a big issue for me to share things that I know about Team Advani and Advani himself. But how do I make sure I'm not going back to where I was few posts earlier with you ? :)


    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.





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  • panky72
    09-23 12:00 PM
    Thanks for sending.

    send me a PM with addresses that bounced. I will update the list.

    Great idea nixtor,
    I sent all the emails and also to senators from my state. Many of them bounced back. I have sent a PM to you with details.





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  • gbof
    09-15 09:51 AM
    I was among the very first to predict forward movement of EB2 (8 months back when most of the information available suggested no movement). Looking at September approvals i will see there will be very few cases pending from 2002-2004 for EB2 (those pending will be cleared in next few months since PD will stay current).

    My estimate is that

    EB2-India pending applications with PD older than Dec-2004 no more than 2000.
    EB2 India had used 8000-10000 visa in 2009 (5000-7000 in Sept 2009 alone)


    Holding following assumptions we will see more forward movement in coming months and whole of 2010 fiscal year.

    Slow improvement in economy (fewer new applications from EB2-ROW and EB1)
    PERM applications stay stuck (as they are very few approvals in last 12 months)
    CIS is force to allocate visa every quarter (leading to large spill-over)
    Fewer EB3 to EB2 porting


    CIS has prudently processed most old cases (pending for name-checks) and also pre-adjucated most cases filled in 2007-2008. So if they have visa numbers pending we should see big movment in Dec 2009 Visa Bulletin. This movement could cover all EB2-I 2005 cases in next two quarters (by March 2010). How explained below

    EB2 gets 10K visa each quarter (28.6% of 140,000 divide by 4)
    EB1 gets 10K visa each quarter (28.6% of 140,000 divide by 4)

    Assuming 3k spillover from (EB1/EB4/EB5 to EB2) => EB2 will get 13K visa
    EB2 ROW uses 7K (700 India, 700 China, +5k others) - there are 6K visa to allocated by Dec 2009 and 12K by March 2010 which will be given to EB2-India.

    BEC LCA applicants in 2005 estimate (EB2 India) = 2000 => 4400
    PERM applicants in 2005 (7276 of this 40% are Indian and 60% from EB2 ) -> 1750 LCA
    1100 LCA => 3850 GC

    Total pending I-485 in 2005 (EB2 India) ~ 8000

    This would mean PD will cross 2005 in next 2 quarters. I have pesimetic estimates so it will not surprise me it the dates move more rapidly.

    I know a lot many people filed duplicate AOS (like one spouse primary and the other derivative on each other petition). Now after approval of one, have to withdraw 2nd petition. This will further reduce the pending AOS numbers and will help moving the dates forward...





    Dalai Lama
    01-24 01:14 PM
    He must had already saved lot of money in India, he will live like a king after 20 months.
    He should get 20 years of prison.

    Dalai lama from Tibbet





    dallasdude
    05-29 03:50 PM
    No one is arguing that lot of EB1Cs do not deserve the classification, however; that is not the root cause why we are backlogged. You might get 1000more visas , you would think but at the end of the day , you will close that gateway as well. 1000 EB1 visas are not a major relief for us. And if you think that will resolve the issue, you are mistaken.

    There is a political decision to backdate the country dates and hence even if you take up Eb1 issue, they will close that line as well, but those visas will not translate into more visas for us. Bureaucrats can come up with gazillion excuses as to why spillover did not happen such as "there is now demand for religious workers".

    So do not deviate the focus of the community. Our purpose is to get our GC, not stop someone else from getting a GC. Thinking otherwise mean , divisive and selfish mentality! or plain jealousy. Has anyone stopped you from working for Cognizant?

    We need transparency and better predictability in the whole process. Someone said Oppenheim knows more than many of us. My question is why should we trust him? Shouldent there be a system that gives clear picture to everyone?


    Bottomline is we need to choose our battles! EB1 is not the battle we need to fight right now.

    Hope you're not one of the EB1 fellas. I understand your point, but we just cant ignore what these primitives are doing and abusing the EB1 category.



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