JA1HIND
02-13 07:37 AM
How about everyone who came up with this idea on this thread. Why should IV core or murthy or someone do this ?
Does any one on this forum happen to know an approximate dollar amount that would cost for if we (IV team) is planning to proceed further with this class action law suite on USCIS?? the reason I am asking for is if we have known dollar amount/target amount in hand it makes it easy for all to start contributing towards this target amount and proceed further with law suite.
I am sure someone on IV team would create a separate bucket for this specific class action law suite task and keep track of amount that's been collected...
Yes, I totally support this class action suite and also willing to support as mush as I can financially....
Does any one on this forum happen to know an approximate dollar amount that would cost for if we (IV team) is planning to proceed further with this class action law suite on USCIS?? the reason I am asking for is if we have known dollar amount/target amount in hand it makes it easy for all to start contributing towards this target amount and proceed further with law suite.
I am sure someone on IV team would create a separate bucket for this specific class action law suite task and keep track of amount that's been collected...
Yes, I totally support this class action suite and also willing to support as mush as I can financially....
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user2005
01-23 06:11 PM
I personally know a guy who used Nick's services. Bottomline, his 485 was rejected as Nick sold the same labor to other guys as well. As for him, spend some time on EAD and now he is back on H1. What happens to his VISA number. Returns to the pool? Which pool? Or is it lost as the VISA number was used from last year's quota.
Can they use same LC for more than one I-140?
Trying to understand damage done by LC substitution scams.
Can they use same LC for more than one I-140?
Trying to understand damage done by LC substitution scams.
grupak
12-13 10:57 PM
I advocate talking to policymakers, writing to them, and calling in on any talkshow on the radio/tv - where ever there is an opportunity.
I am not sure if we can challenge the legality of the system. However, I do question the motivation behind this policy. It is morally and ethically wrong and does not make any economic sense. It is probably hurting the economy, if you get my drift. My thought is that it can be adressed by enlightening the very people who put this policy in place - the congressmen/women.
Yes, we as IV are meeting lawmakers and lobbying, and media campaign too.
Just discussing if anything else can be done.
I am not sure if we can challenge the legality of the system. However, I do question the motivation behind this policy. It is morally and ethically wrong and does not make any economic sense. It is probably hurting the economy, if you get my drift. My thought is that it can be adressed by enlightening the very people who put this policy in place - the congressmen/women.
Yes, we as IV are meeting lawmakers and lobbying, and media campaign too.
Just discussing if anything else can be done.
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Ramba
05-11 07:34 PM
It is easy to spit out numbers like this. Do you have independent proof of these? Please don't point us to LTTE run web sites. Provide hard proof if you can.
As for "formerly superior Tamil competitiveness", I am sure what you refer to is, the fact that during the British period, the Tamils were given the lion's share (pardon my pun) of all the civil service and other administrative jobs as part of their divide and Rule policy. When SL gained independence of course, things changed so that formerly discriminated Sinhalese started getting their fair share of thse opportunities. Mind you that Sinhalese are after all 75% of SL. Are you saying it is fair to ask 12% of the population (SL Tamils) to have 50% of all the opportuniies and land and the resources reserved for them???
Panani,
I dont blame you for your post as you are singalese. However, don't try to hide the truth. Your post itself has the answer. British, did not discriminate the singalse. Though, they ruled India and SL, they always respected the skills and knowledge. Thatswhy, tamils were in good position before 1948. SL denied the voting rights to estate Tamils and want to keep them as slaves. 33% Tamils become 20% because of that act, apart from mass killing of Tamils by SL. SL are still doing forced/barbaric sterilization on Tamil women. The undeniable truth is SL did not want to Tamils to overtake them (pollitically, socially, economically,); though they are the natural born citizen of SL.
I certainly blame GOI, for its mercyless view on Tamils, as they are killed in India's Doorstep. I dont blame one guy saying "its shame to carry the Indian passport".
See the wikipedia It wont lie.
There is a sizable population of Tamils in the Central Province, plantation laborers brought down from India by the British colonial authorities in the nineteenth and twentieth centuries. These Indian Tamils (or Estate Tamils), as they are called, still work mainly in Sri Lanka�s tea plantations. They have been locked in poverty for generations and continue to experience poor living conditions.[15] Although they speak the same language, they are usually considered a separate community from the Sri Lankan Tamils of the North and East.
The government of D.S. Senanayake passed legislation stripping the estate Tamils of their citizenship in 1949, leaving them stateless.
The effect was to tilt the island's political balance away from the Tamils. In 1948, at independence, the Tamils had 33% of the voting power in Parliament.[citation needed]. Upon the disenfranchisement of the estate Tamils, however, this proportion dropped to 20%. The Sinhalese could and did obtain more than a 2/3 majority in Parliament, making it impossible for Tamils to exercise an effective opposition to Sinhalese policies affecting them. The main reason for the imbalance was that several multi member constituencies elected a Tamil member of Parliament in a majority Sinhala electorate. The idea in having multi member constituencies was to prevent domination of minorities by a future nationalist government.
As for "formerly superior Tamil competitiveness", I am sure what you refer to is, the fact that during the British period, the Tamils were given the lion's share (pardon my pun) of all the civil service and other administrative jobs as part of their divide and Rule policy. When SL gained independence of course, things changed so that formerly discriminated Sinhalese started getting their fair share of thse opportunities. Mind you that Sinhalese are after all 75% of SL. Are you saying it is fair to ask 12% of the population (SL Tamils) to have 50% of all the opportuniies and land and the resources reserved for them???
Panani,
I dont blame you for your post as you are singalese. However, don't try to hide the truth. Your post itself has the answer. British, did not discriminate the singalse. Though, they ruled India and SL, they always respected the skills and knowledge. Thatswhy, tamils were in good position before 1948. SL denied the voting rights to estate Tamils and want to keep them as slaves. 33% Tamils become 20% because of that act, apart from mass killing of Tamils by SL. SL are still doing forced/barbaric sterilization on Tamil women. The undeniable truth is SL did not want to Tamils to overtake them (pollitically, socially, economically,); though they are the natural born citizen of SL.
I certainly blame GOI, for its mercyless view on Tamils, as they are killed in India's Doorstep. I dont blame one guy saying "its shame to carry the Indian passport".
See the wikipedia It wont lie.
There is a sizable population of Tamils in the Central Province, plantation laborers brought down from India by the British colonial authorities in the nineteenth and twentieth centuries. These Indian Tamils (or Estate Tamils), as they are called, still work mainly in Sri Lanka�s tea plantations. They have been locked in poverty for generations and continue to experience poor living conditions.[15] Although they speak the same language, they are usually considered a separate community from the Sri Lankan Tamils of the North and East.
The government of D.S. Senanayake passed legislation stripping the estate Tamils of their citizenship in 1949, leaving them stateless.
The effect was to tilt the island's political balance away from the Tamils. In 1948, at independence, the Tamils had 33% of the voting power in Parliament.[citation needed]. Upon the disenfranchisement of the estate Tamils, however, this proportion dropped to 20%. The Sinhalese could and did obtain more than a 2/3 majority in Parliament, making it impossible for Tamils to exercise an effective opposition to Sinhalese policies affecting them. The main reason for the imbalance was that several multi member constituencies elected a Tamil member of Parliament in a majority Sinhala electorate. The idea in having multi member constituencies was to prevent domination of minorities by a future nationalist government.
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newtoearth
05-03 01:14 AM
...
Legal
07-21 05:30 PM
Unused Family Based VSAS are 32k in 2007!!!!
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).
That seems to be correct interpretation. This makes me dizzy, too good to be true. :D
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?
That's because of per country quotas. There may be millions waiting for 15 years under the brothers and sisters category, but once they hit the country limit they are done. The unused numbers may go to brothers and sisters of petitioners from non-backlogged countries. If not, these numbers will flow to EB.
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).
That seems to be correct interpretation. This makes me dizzy, too good to be true. :D
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?
That's because of per country quotas. There may be millions waiting for 15 years under the brothers and sisters category, but once they hit the country limit they are done. The unused numbers may go to brothers and sisters of petitioners from non-backlogged countries. If not, these numbers will flow to EB.
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samay
07-22 11:39 AM
I am in the 6th year of H1B. 6 year term expires in March 5, 2009.
My Company filed LC in June 2008.
Assuming my LC is cleared by this year end, I-140 Filed around Jan 2009.
Can i get 7th H1B Year extension, if my company files H1B extension by Feb 2009.
In which cases 7th Year extension will be rejected.
If your LC gets cleared by the year end you can apply for I-140 by premium processing and once that gets cleared your company can file for a three year extension for you.
My Company filed LC in June 2008.
Assuming my LC is cleared by this year end, I-140 Filed around Jan 2009.
Can i get 7th H1B Year extension, if my company files H1B extension by Feb 2009.
In which cases 7th Year extension will be rejected.
If your LC gets cleared by the year end you can apply for I-140 by premium processing and once that gets cleared your company can file for a three year extension for you.
2010 (Compaq Evo D5D)
chi_shark
09-23 04:52 PM
I dont think buying a greencard for 100,000$ or for any money is wise. You already are paying enough taxes, paying legal fees.... and of course spending ur prime here waiting for a permanent resident status.
you are buying a house. they are to give gc in return for us pumping money into the system which otherwise would not have come in
So let them grant GCs if they feel like. Dont bribe ur way in!!
its not about their feelings or yours... there is a law and IV is trying to change the law by a legitimate process. do not use words like bribe which refer to improper personal payments for benefits that dont belong.
Also if one bought a home and then got a GC, lets say he sold the home right after... what abt it....!!
the new law should decide that... the discussion is open...
you are buying a house. they are to give gc in return for us pumping money into the system which otherwise would not have come in
So let them grant GCs if they feel like. Dont bribe ur way in!!
its not about their feelings or yours... there is a law and IV is trying to change the law by a legitimate process. do not use words like bribe which refer to improper personal payments for benefits that dont belong.
Also if one bought a home and then got a GC, lets say he sold the home right after... what abt it....!!
the new law should decide that... the discussion is open...
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reddymjm
09-26 01:37 PM
Bump
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unitednations
02-13 03:21 PM
What about paragraph 5 that I have posted up somewhere ???
Does that allow the 7% limit to be exceeded or not ?
That is why we need more supply.....Once supply is more they can go over 7%...
Originally; I had interpreted the paragraph to mean if the total visas by category i.e, total visas in eb1 are unused then a country can go over 7% limit in that category (horiziontal spillover).
However; the law is determining total as total visas for all EB categories as a whole. Therefore, there has to be unused visas from the 140,000 for a country to go over 7%.
The mystery of horizontal verus vertical was plain to see in November 2005 visa bulletin. There is no mystery about it anymore. It is plain to see for everyone. If they want to litigate it; then it is right from the horses mouth on an offical document of how it is done. I would use that note in the bulletin to litigate if you believe your position is correct; ie., horiztonal rather then vertical.
Does that allow the 7% limit to be exceeded or not ?
That is why we need more supply.....Once supply is more they can go over 7%...
Originally; I had interpreted the paragraph to mean if the total visas by category i.e, total visas in eb1 are unused then a country can go over 7% limit in that category (horiziontal spillover).
However; the law is determining total as total visas for all EB categories as a whole. Therefore, there has to be unused visas from the 140,000 for a country to go over 7%.
The mystery of horizontal verus vertical was plain to see in November 2005 visa bulletin. There is no mystery about it anymore. It is plain to see for everyone. If they want to litigate it; then it is right from the horses mouth on an offical document of how it is done. I would use that note in the bulletin to litigate if you believe your position is correct; ie., horiztonal rather then vertical.
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GC_Applicant
07-26 07:44 PM
I was also thinking on the same lines. Are all Desi's loosing money and wasting their time. There's got to be something behind it..,
These people hardly shell out a few dollars or time for IV which benefits them way more than Quickstar., then why waste their time on it., Makes me think.
Disclaimer: I'm not associaetd with any sort of pyramid scheme..
Devil's advocate
These people hardly shell out a few dollars or time for IV which benefits them way more than Quickstar., then why waste their time on it., Makes me think.
Disclaimer: I'm not associaetd with any sort of pyramid scheme..
Devil's advocate
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Ramba
05-12 12:26 AM
I am an Indian and my native tongue is not Tamil. I donot consider the issue in Srilanka as Tamil issue. I don't consider it as Indian issue either. I consider it as Srilankan issue.
Hope this addresses some of your questions.
Being a NRI in US, your conclusion is it is a SL issue, not a India issue. This is because you enjoy freedom, safety and opportunity in USA, even though you are just a non-immigrant in USA. Hope it will continue. If your job, safety, security, life becomes danger here, then do not get help from India or Indian consulate in USA; because it is a "US issue" as per your logic.
Hope this addresses some of your questions.
Being a NRI in US, your conclusion is it is a SL issue, not a India issue. This is because you enjoy freedom, safety and opportunity in USA, even though you are just a non-immigrant in USA. Hope it will continue. If your job, safety, security, life becomes danger here, then do not get help from India or Indian consulate in USA; because it is a "US issue" as per your logic.
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go_guy123
06-14 06:03 PM
The point system would only apply to new applicants. All those already in line will proceed according to existing system. Worked well in Canada's system.
Point system hasn't worked well for Canada. Therefore Canada started tweaking the system since 2002 and recently again in 2008 when they restricted to 38 occupations or Canada educated/work-experienced students. I was luckly to get in when the door was open. That time the US door was almost closing. That was the smartest thing I did in recent years.
Point system hasn't worked well for Canada. Therefore Canada started tweaking the system since 2002 and recently again in 2008 when they restricted to 38 occupations or Canada educated/work-experienced students. I was luckly to get in when the door was open. That time the US door was almost closing. That was the smartest thing I did in recent years.
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santb1975
02-12 10:46 PM
???
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Vishal2007
05-02 01:12 AM
I think judging Gandhiji in the context of Indian History is beyond my pay grade. I am sure about the fact that his ideology would remain relevant for much more time in human history.
I like this (read as a good humor), his ideology would remain relevant for much more time in human history. you go by , Gandhi is father of our nation, I am thinking beyond that, he had power to influence British gov. to avoid death penalty for Bhagat Singh, he never used his power, because he was jealous of Bhagat
I like this (read as a good humor), his ideology would remain relevant for much more time in human history. you go by , Gandhi is father of our nation, I am thinking beyond that, he had power to influence British gov. to avoid death penalty for Bhagat Singh, he never used his power, because he was jealous of Bhagat
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qualified_trash
06-21 03:11 PM
Friends,
Don't waste your time on this. The American employers will never agree to this as LC belongs to them and they don't want to waste time, money and effort again and again. The only problem I see is our desi consulting companies misusing this privilege.
I would say lets not waste our time as DOL/USCIS is trying to formulate ways to check 'LC Substitution Fraud'. At the same time they don't want to penalize the legitimate substitutions where an employee is already working for the same company for years.
fighting retrogression and 485 filing during retrogression are important than this.
Its my opinion only, pls take it on a lighter note...
- Rishi
very true ..................... but it is legal so ......... maybe we should all use it.
I know for a fact that this happens in companies (IT - product development and professional services) and I know this because a friend of mine (our kids play together these days so VERY close) was a beneficiary of such an LC and today has a GC and perm job to die for.......... I ofcourse will NOT disclose the name of the company or person for obvious reasons..........
He worked hard during his MS days to make it here and is just reaping the benefits of his hard work and ingenuity in identifying the opportunity in a legal system gone kaput.......... so no fault of his.
Don't waste your time on this. The American employers will never agree to this as LC belongs to them and they don't want to waste time, money and effort again and again. The only problem I see is our desi consulting companies misusing this privilege.
I would say lets not waste our time as DOL/USCIS is trying to formulate ways to check 'LC Substitution Fraud'. At the same time they don't want to penalize the legitimate substitutions where an employee is already working for the same company for years.
fighting retrogression and 485 filing during retrogression are important than this.
Its my opinion only, pls take it on a lighter note...
- Rishi
very true ..................... but it is legal so ......... maybe we should all use it.
I know for a fact that this happens in companies (IT - product development and professional services) and I know this because a friend of mine (our kids play together these days so VERY close) was a beneficiary of such an LC and today has a GC and perm job to die for.......... I ofcourse will NOT disclose the name of the company or person for obvious reasons..........
He worked hard during his MS days to make it here and is just reaping the benefits of his hard work and ingenuity in identifying the opportunity in a legal system gone kaput.......... so no fault of his.
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desi3933
07-27 12:20 PM
Nope that's not correct. You file your business earnings through 1099 and not W2. It has nothing to do with H1-B. Good luck.
1099 or W2, it does not matter.
On H-1B status, one can not run business. PERIOD. Check with US CIS for yourself.
One more thing, Passive Investment is not same as Running a Business. Passive Investment is allowed on H-1/H-4 and other non-immigrant visa status.
____________________
Not a legal advice.
US citizen of Indian origin
1099 or W2, it does not matter.
On H-1B status, one can not run business. PERIOD. Check with US CIS for yourself.
One more thing, Passive Investment is not same as Running a Business. Passive Investment is allowed on H-1/H-4 and other non-immigrant visa status.
____________________
Not a legal advice.
US citizen of Indian origin
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ItIsNotFunny
04-20 10:46 AM
I am working for Company A and company B wanted to provide me with pre-approved labor of EB2 category with priority date in July 2002. The Company B's pre-approved EB2 labor was for a Master degree with salary of 80K. I have only bachelor Degree but with more than 8 years of experience in IT. My I-140 has been approved with the present employer company A but it is EB3.
Is there any possibility to take advantage of the company B's pre-approved EB2 labor certificate considering more than 5 years of experience as a qualification though it requires a Master degree.
Thank you.
Based one information above, I would not go for this.
Is there any possibility to take advantage of the company B's pre-approved EB2 labor certificate considering more than 5 years of experience as a qualification though it requires a Master degree.
Thank you.
Based one information above, I would not go for this.
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snathan
01-15 05:54 PM
For the past 2 years there were so many RFEs and denials and no body knew what basis. But if they bring a regulation and follow that everybody can prepare ahead and no surprises. It is not a question of making profit. They have to make profit by following law and ethics and not by using loopholes. The regulations will make the companies to follow the rules of the game. If bodyshoppers follow the law and ethics without any fraud they will become reputed companies and the regulations will not destroy them. But their profit may go down but good for everyone. Inspite of insane rules annual cap is reached even unemployment is decade high. I would term protectionist if annual cap is reduced or they make restrictions such that h1b cap usage is so low. In India best persons are available and whatever restrictions they put Indian techies will overcome unless they block it completely. 65k H1b is attached to WTO and no way they can reduce that.
only consulting companies need to follow the law...? what about infy,wipro, tcs placing L1 consultants at the client location ?
only consulting companies need to follow the law...? what about infy,wipro, tcs placing L1 consultants at the client location ?
mallu
02-16 03:24 PM
According to first post in following thread ,
http://immigration-information.com/forums/showthread.php?t=4285
attorney Ron Gotcher says ( he got info ),
"
Last night, at a meeting of the American Immigration Lawyer's Assocation Southern California chapter, Charles Oppenheim spoke. Mr. Oppenheim is the officer within the Visa Office tasked with calculating visa bulletin cutoff dates each month. He offered the following thoughts as to cutoff date movement in the upcoming months:
* In April, India and China EB2 will be set at 12/01/2003
* EB3 for India and China will slow down for the rest of the fiscal year"
http://immigration-information.com/forums/showthread.php?t=4285
attorney Ron Gotcher says ( he got info ),
"
Last night, at a meeting of the American Immigration Lawyer's Assocation Southern California chapter, Charles Oppenheim spoke. Mr. Oppenheim is the officer within the Visa Office tasked with calculating visa bulletin cutoff dates each month. He offered the following thoughts as to cutoff date movement in the upcoming months:
* In April, India and China EB2 will be set at 12/01/2003
* EB3 for India and China will slow down for the rest of the fiscal year"
mbawa2574
02-15 04:55 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 just sound idiotic
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 just sound idiotic
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