la6470
01-17 12:31 AM
Please read this article.
The Insightful Immigration Blog � Commentaries on Immigration Policy, Cases and Trends: NEW USCIS MEMO ON EMPLOYER-EMPLOYEE RELATIONSHIP FOR H-1B PETITIONS: IS IT A WAY TO KEEP CERTAIN WORKERS OUT? (http://cyrusmehta.blogspot.com/2010/01/new-uscis-memo-on-employer-employee.html)
I feel IV can join hands with AILA on this to help us in this situation.
Any new renewals or new H1 filings are bound to be denied unless its a direct employer vs employee relationship. Third party placement indications are bound to be targeted for denial!
We are literaly doomed. Given the slugglishness of the GC process this is bound to cripple us down.
I am feeling sad for those H1B guys who were deported out of Newark thanks to these crooked laws. The laws may be right in their perspective, but they do not understand the havoc it would have created in the lives of those who felt the impact.
I wish and pray for the good of all and those GC/H1B aspirants during these troubled times now and up ahead.
Thanks for the post. I have also expressed my opinion in Mr Mehta's blog who was courageous enough to spell out in clear terms the discriminatory practices of USCIS. We should in no uncertain terms, pull down the mask that USCIS is wearing while practicing pure discrimination and segregation - that is completely alien to the American constitution and society.
The Insightful Immigration Blog � Commentaries on Immigration Policy, Cases and Trends: NEW USCIS MEMO ON EMPLOYER-EMPLOYEE RELATIONSHIP FOR H-1B PETITIONS: IS IT A WAY TO KEEP CERTAIN WORKERS OUT? (http://cyrusmehta.blogspot.com/2010/01/new-uscis-memo-on-employer-employee.html)
I feel IV can join hands with AILA on this to help us in this situation.
Any new renewals or new H1 filings are bound to be denied unless its a direct employer vs employee relationship. Third party placement indications are bound to be targeted for denial!
We are literaly doomed. Given the slugglishness of the GC process this is bound to cripple us down.
I am feeling sad for those H1B guys who were deported out of Newark thanks to these crooked laws. The laws may be right in their perspective, but they do not understand the havoc it would have created in the lives of those who felt the impact.
I wish and pray for the good of all and those GC/H1B aspirants during these troubled times now and up ahead.
Thanks for the post. I have also expressed my opinion in Mr Mehta's blog who was courageous enough to spell out in clear terms the discriminatory practices of USCIS. We should in no uncertain terms, pull down the mask that USCIS is wearing while practicing pure discrimination and segregation - that is completely alien to the American constitution and society.
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ramus
06-27 06:59 AM
So are you saying that we could have possible retrogression effective from any day in July?
Thanks.
USCIS had approvals before dates moved. USCIS knows the numebr of such approvals.
These approvals are getting GC before approval of current applicants. If earlier approvals use up quotas, retrogression does not have to wait for current approvals.
Thanks.
USCIS had approvals before dates moved. USCIS knows the numebr of such approvals.
These approvals are getting GC before approval of current applicants. If earlier approvals use up quotas, retrogression does not have to wait for current approvals.
oguinan
02-15 08:19 PM
Sure it is. Check the UN definition.
http://www.unhchr.ch/html/menu3/b/d_icerd.htm
...any distinction, exclusion, restriction or preference based on race, color, descent, or national or ethnic origin which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of human rights and fundamental freedoms in the political, economic, social, cultural or any other field of public life.
The two paragraphs following the one that you just quoted read:
2. This Convention shall not apply to distinctions, exclusions, restrictions or preferences made by a State Party to this Convention between citizens and non-citizens.
3. Nothing in this Convention may be interpreted as affecting in any way the legal provisions of States Parties concerning nationality, citizenship or naturalization, provided that such provisions do not discriminate against any particular nationality.
According to the UN resolution immigration and naturalization laws do not constitute "racial discrimination" by definition. The quota based system does discriminate against people from China and South Asia. But the law as originally established did not intend to do this.
http://www.unhchr.ch/html/menu3/b/d_icerd.htm
...any distinction, exclusion, restriction or preference based on race, color, descent, or national or ethnic origin which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of human rights and fundamental freedoms in the political, economic, social, cultural or any other field of public life.
The two paragraphs following the one that you just quoted read:
2. This Convention shall not apply to distinctions, exclusions, restrictions or preferences made by a State Party to this Convention between citizens and non-citizens.
3. Nothing in this Convention may be interpreted as affecting in any way the legal provisions of States Parties concerning nationality, citizenship or naturalization, provided that such provisions do not discriminate against any particular nationality.
According to the UN resolution immigration and naturalization laws do not constitute "racial discrimination" by definition. The quota based system does discriminate against people from China and South Asia. But the law as originally established did not intend to do this.
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mihird
10-09 01:37 PM
I am a naturalized Canadian Citizen now in the GC retrogression (Country of birth - India).
Only good thing about becoming a Canadian or Australian citizen is that you would qualify for the (quota exempt) TN (NAFTA) or (special quota) E3 visas.
You don't have to wait for the H1 quota to open up to be able to start working. You DO however have to wait for the quota to open to get to a H1 before you can file for a GC. A GC cannot be filed directly from a TN or E3 status.
Also, travel in and out of US for Canadian citizens in particular is painless, since they don't need a visa from the consulate. Just the status suffices. The Canadian passport becomes the travel document.
Otherwise the GC woes are the same as it would be depending on your country of birth.
Only good thing about becoming a Canadian or Australian citizen is that you would qualify for the (quota exempt) TN (NAFTA) or (special quota) E3 visas.
You don't have to wait for the H1 quota to open up to be able to start working. You DO however have to wait for the quota to open to get to a H1 before you can file for a GC. A GC cannot be filed directly from a TN or E3 status.
Also, travel in and out of US for Canadian citizens in particular is painless, since they don't need a visa from the consulate. Just the status suffices. The Canadian passport becomes the travel document.
Otherwise the GC woes are the same as it would be depending on your country of birth.
more...
kondur_007
08-04 10:11 AM
Hello VDLRAO ,
People from June 2006 are geting GC means that USCIS enough visa so they started to give gc to 2006 candidates.. is my belief true. What will be date in new year's first quater for eb2 india ?
I don't think USCIS has any idea as to how much "enough" visa they have....They function randomly...so plz dont draw any conclusions from who is getting a GC now. It could be the last person filed with latest PD while everyone else waits for their GC!
Just wait and watch. Sept dates will throw some light as to how much of the available visas have they used. (if all, PD will be U, If most/majority: PD will stay same, if less than half: PD will move forward--may be C:p)
People from June 2006 are geting GC means that USCIS enough visa so they started to give gc to 2006 candidates.. is my belief true. What will be date in new year's first quater for eb2 india ?
I don't think USCIS has any idea as to how much "enough" visa they have....They function randomly...so plz dont draw any conclusions from who is getting a GC now. It could be the last person filed with latest PD while everyone else waits for their GC!
Just wait and watch. Sept dates will throw some light as to how much of the available visas have they used. (if all, PD will be U, If most/majority: PD will stay same, if less than half: PD will move forward--may be C:p)
old_hat
05-03 01:28 AM
[QUOTE=newtoearth;338494]Dear dreamworld I am an Indian (period)
I am who wants to see my fellow indians and country free from trrorism Either Islamic or Tamil or any other kind...
"I am Indian (Period)" this what all Srilankans posting in Indian or Public forum say.
Second ... Why do you call Tamil as terrorist, we do not have Tamil terrorism in India .... you have gotten everything wrong in your head .... we all are talking about Srilankan Tamil civilians not the LTTE. You better get it straight we are only talking about the humanitarian crisis faced by the Srilankan Tamils if you get it mixed up its your problem.
Pls refrain from posting any hate message about Tamils in this forum.
Dude you are missing his point. He did not call Tamils terrorists. he called LTTE terrorists and that is TRUE in all senses of the word.
I am who wants to see my fellow indians and country free from trrorism Either Islamic or Tamil or any other kind...
"I am Indian (Period)" this what all Srilankans posting in Indian or Public forum say.
Second ... Why do you call Tamil as terrorist, we do not have Tamil terrorism in India .... you have gotten everything wrong in your head .... we all are talking about Srilankan Tamil civilians not the LTTE. You better get it straight we are only talking about the humanitarian crisis faced by the Srilankan Tamils if you get it mixed up its your problem.
Pls refrain from posting any hate message about Tamils in this forum.
Dude you are missing his point. He did not call Tamils terrorists. he called LTTE terrorists and that is TRUE in all senses of the word.
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smisachu
02-12 10:17 PM
Not a bad point. I support this.
[QUOTE=hopefulgc;222625]Clear up your mind for a little while and consider this:
[QUOTE=hopefulgc;222625]Clear up your mind for a little while and consider this:
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amslonewolf
04-28 07:01 PM
Matthew Ohs website has it.. Check out immigration-law..
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gagbag
07-03 09:47 PM
http://www.forbes.com/feeds/ap/2007/07/02/ap3879453.html
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vbkris77
09-17 11:13 AM
When it took about 2 years spill over visas (2008 and 2009) for the EB2 India dates to move from April 2004 to Jan 2005, I am sure you could estimate how long it would take to cross a year.
On a ballpark, EB2-I has demand for about 50K immigrant visa numbers. Last year we got 25K. I am assuming we are going to get the same number this year too. So that cleared entire 2004.
Next year the situation may be different, because demand from other countries is less, So we could see a bigger leap and might put us in early 2006 by end of FY10. FY11 may not be that nice when economy starts improving. We could be back to square one.
Bottomline, Without a recapture, EB2I/C will not make much progress. EB3-Worldwide is only a place holder in the very long line.
IV members need to concentrate on the recapture, filing AOS after I140 is approved, visa stamping within USA to make our life easy.
On a ballpark, EB2-I has demand for about 50K immigrant visa numbers. Last year we got 25K. I am assuming we are going to get the same number this year too. So that cleared entire 2004.
Next year the situation may be different, because demand from other countries is less, So we could see a bigger leap and might put us in early 2006 by end of FY10. FY11 may not be that nice when economy starts improving. We could be back to square one.
Bottomline, Without a recapture, EB2I/C will not make much progress. EB3-Worldwide is only a place holder in the very long line.
IV members need to concentrate on the recapture, filing AOS after I140 is approved, visa stamping within USA to make our life easy.
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ramus
07-04 09:03 AM
Thanks..
Could you look at the following report and try to find email of the reporter and let him/her know what happened with us.
http://www.hispanicbusiness.com/news/newsbyid.asp?id=68312&cat=Today's+Most+Popular+Stories&more=/news/newspopular.asp
Thanks..
We need multipal people working on different action items.. Lets spend our holiday doing something for us/IV.
also sent it to the drudge report...if he picks it up other talk show hots will pick it up too.
Could you look at the following report and try to find email of the reporter and let him/her know what happened with us.
http://www.hispanicbusiness.com/news/newsbyid.asp?id=68312&cat=Today's+Most+Popular+Stories&more=/news/newspopular.asp
Thanks..
We need multipal people working on different action items.. Lets spend our holiday doing something for us/IV.
also sent it to the drudge report...if he picks it up other talk show hots will pick it up too.
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chanduv23
02-14 02:39 PM
chandu...have u read the lawsuit outcome? do u still think that an administrative fix is easier to achieve than a lawsuit? lets say it comes down to either/or...either a lawsuit or an administrative fix...which one would IV support?
yabadaba - Talk to ur chapter lead - for clarification, or just PM the core team :)
yabadaba - Talk to ur chapter lead - for clarification, or just PM the core team :)
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soma
02-12 10:52 PM
how abt IV core leading us here or how abt murthy and other IV supporters who are immigration lawyers too.
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logiclife
05-10 05:19 PM
The slowness that results because of employer petition and bureaucratic delays(backlogs centers) and quota delays(retrogression) IS A HUGE PROBLEM. Please read my original post.
I am not saying that US system is perfect. I am saying that the employer-petition(if working properly and speedily) is better than points-based system(as two different comparable methods of adjudication for immigration) to protect the workforce from oversupply of labor.
If current system wasnt a problem, our work would be done. If the whole GC process took less than 2 years, it would be not bad and being stuck with one employer for 2 years is probably workable for most people.
And yes, please dont get me wrong, IV has not changed its goals or diluted its goals, I am merely voicing my opinion on the debate/discussion over different countries' immigration system and how they stack up against each other - both for immigrants and for those countries.
I am not saying that US system is perfect. I am saying that the employer-petition(if working properly and speedily) is better than points-based system(as two different comparable methods of adjudication for immigration) to protect the workforce from oversupply of labor.
If current system wasnt a problem, our work would be done. If the whole GC process took less than 2 years, it would be not bad and being stuck with one employer for 2 years is probably workable for most people.
And yes, please dont get me wrong, IV has not changed its goals or diluted its goals, I am merely voicing my opinion on the debate/discussion over different countries' immigration system and how they stack up against each other - both for immigrants and for those countries.
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senthil1
06-11 10:50 PM
There were many compelling reasons for recapture bill on 1999-2000. Top 3 reasons were
1. Demand was very high and in some areas only less than 2 persons were available for 4 positions.
2. Outsourcing was very low. There is no other way than importing foreigners. Now even if demand increases many positions are going for outsourcing.
3.There were no AC21. So many people started leaving country after completion of 6 years H1b causing huge problems to companies and country.Companies could get recapture and AC21. Now atleast 80% of the H1b persons are willing to stay even 15 years without green card using ac21.
Now only green card aspirants are suffering due to deley in green card not the companies or country. But country and companies are using the H1b persons by just showing green card carrot but actually not giving it.
Dilip Dude,
As said before by unseenguy, your case is just plain LUCK, if there was no bill during 1999-2000 to recapture and increase GC quota, you would have been still struck in BEC counting days for GC,forget Citizenship. Just because you are over qualified(or under!) than others does not make you special or get you GC faster, you just had some good KARMA, thats it...
Anyways, your attitude of blaming others(h1/l1 etc.) for decrease in your quality of life is just plain STUPID and shows your maturity.
I wish you are not in a managerial position, I have seen many Desi managers like you who give hard time to fellow Desi folks working under them thinking they rule the world and they are the only qualified one who knows all.
My advice is wish good for others not bad, this will get you more good karma and maybe get your citizenship faster.. :-)
1. Demand was very high and in some areas only less than 2 persons were available for 4 positions.
2. Outsourcing was very low. There is no other way than importing foreigners. Now even if demand increases many positions are going for outsourcing.
3.There were no AC21. So many people started leaving country after completion of 6 years H1b causing huge problems to companies and country.Companies could get recapture and AC21. Now atleast 80% of the H1b persons are willing to stay even 15 years without green card using ac21.
Now only green card aspirants are suffering due to deley in green card not the companies or country. But country and companies are using the H1b persons by just showing green card carrot but actually not giving it.
Dilip Dude,
As said before by unseenguy, your case is just plain LUCK, if there was no bill during 1999-2000 to recapture and increase GC quota, you would have been still struck in BEC counting days for GC,forget Citizenship. Just because you are over qualified(or under!) than others does not make you special or get you GC faster, you just had some good KARMA, thats it...
Anyways, your attitude of blaming others(h1/l1 etc.) for decrease in your quality of life is just plain STUPID and shows your maturity.
I wish you are not in a managerial position, I have seen many Desi managers like you who give hard time to fellow Desi folks working under them thinking they rule the world and they are the only qualified one who knows all.
My advice is wish good for others not bad, this will get you more good karma and maybe get your citizenship faster.. :-)
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Marphad
03-27 03:11 PM
Waiting for reply to learn this.
Ek Student Gyan ki bhiksha maang raha hai bachcha.
Still waiting. Can someone volunteer to teach me how to edit poll options after created?
Ek Student Gyan ki bhiksha maang raha hai bachcha.
Still waiting. Can someone volunteer to teach me how to edit poll options after created?
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okuzmin
07-10 04:47 PM
Byeusa, the best of luck to you and your family! I'm in the same boat: already approved by Buffalo, just waiting for my second daughter to be born (any time now :)), and we'll be on our way to Canada. We plan to settle in Calgary, but after I've heard of the new MS office in BC, I might seek to go to Vancouver -- the time will tell.
I've been in the USA for almost 13 years, got two of my bachelor's degrees here, 9 years of progressive IT experience. Three companies and three I-485 attempts later, I've been stuck in retrogression over the last 2.5 years. My family, my business, my life -- everything has been affected, much the same as for most folks on this forum. So, with two US-born kids we'll go up North; our friends are waiting for us in Calgary, Edmonton, Toronto, Montreal, or Vancouver.
I've been in the USA for almost 13 years, got two of my bachelor's degrees here, 9 years of progressive IT experience. Three companies and three I-485 attempts later, I've been stuck in retrogression over the last 2.5 years. My family, my business, my life -- everything has been affected, much the same as for most folks on this forum. So, with two US-born kids we'll go up North; our friends are waiting for us in Calgary, Edmonton, Toronto, Montreal, or Vancouver.
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walking_dude
02-12 06:26 PM
Wake up, buddy. This is IV. Not !
Removal of Country caps was, is and will be one of the top agendas of IV , whether beneficiaries of a discriminatory system like you support it or not. It's morally and ethically repugnant to see discrimination based on country of birth in the 21st century. Just because it benefits some like you, it doesn't become right.
Employability has nothing to do with Country of Birth. When we are selected based on merit, skill and education by our employer, why should we suffer just because we are born in the wrong country?
It's time to throw away this last vestige of discrimination inherited from the previous centuries and move to a future where every individual is valued for what he/she is individually and not based on whether he was born in India or Sri Lanka.
Only India and China & one or two more countries will support the removal of country limit. The rest of the world will actually oppopse this move as it will have a negative impact on their processing times greatly.
There was a discussion on this on sometime ago.
Removal of Country caps was, is and will be one of the top agendas of IV , whether beneficiaries of a discriminatory system like you support it or not. It's morally and ethically repugnant to see discrimination based on country of birth in the 21st century. Just because it benefits some like you, it doesn't become right.
Employability has nothing to do with Country of Birth. When we are selected based on merit, skill and education by our employer, why should we suffer just because we are born in the wrong country?
It's time to throw away this last vestige of discrimination inherited from the previous centuries and move to a future where every individual is valued for what he/she is individually and not based on whether he was born in India or Sri Lanka.
Only India and China & one or two more countries will support the removal of country limit. The rest of the world will actually oppopse this move as it will have a negative impact on their processing times greatly.
There was a discussion on this on sometime ago.
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sunny1000
06-28 08:22 PM
I suggest that you do this: Send the URL from AILA's memo about what happened to EB3-other worker category in June. And copy your HR and senior folks of your company when you email lawyer. That will tend to focus the attention of your lawfirm and they will either have to say "We will file asap" or they will have to say "AILA's memo doesnt mean anything".
I bet they will come back with the former conclusion.
Apparently, these lawyers have been too conditioned to work 30 hours per week and now, having to work 60 hours per week is too tough. NEWSFLASH LAWYERS : We idiots in IT and software very often work long hours to meet project deadlines. Its a part of life. Get used to it or like I said before, find something else to do. Like basket weaving or poetry writing so that you dont have to see deadlines and dont have to burn midnight oil.
The lawyers are like USCIS where you are a "case" and not a human being. So, their attitude is that "I will get to it when I get to it" with no sense of urgency even when someone's life hangs on it...this is what they call "customer service" :rolleyes:
I bet they will come back with the former conclusion.
Apparently, these lawyers have been too conditioned to work 30 hours per week and now, having to work 60 hours per week is too tough. NEWSFLASH LAWYERS : We idiots in IT and software very often work long hours to meet project deadlines. Its a part of life. Get used to it or like I said before, find something else to do. Like basket weaving or poetry writing so that you dont have to see deadlines and dont have to burn midnight oil.
The lawyers are like USCIS where you are a "case" and not a human being. So, their attitude is that "I will get to it when I get to it" with no sense of urgency even when someone's life hangs on it...this is what they call "customer service" :rolleyes:
smuggymba
01-14 10:19 AM
what the heck are you talking about. If there is any specific cases of abuse please contact the CIS and report those. Dont say "almost all" etc on this website. That might not be true and we dont want general statements like these to hurt the prospects of our members.
I understand. But it's true. I have many friends and these body shoppers don't pay for their medical insurance and all of my friends have a tough time - even Kforce etc doesn't pay if you're a contractor directly hired by them. Infosys, TCS pays and provides all kinds of benefits for people on H1, I don't know what ppl are against companies that have good business practice.
Deloitte, Accenture, IBM brings ppl from other countries on L1 - why balme Infosys, TCS.
I understand. But it's true. I have many friends and these body shoppers don't pay for their medical insurance and all of my friends have a tough time - even Kforce etc doesn't pay if you're a contractor directly hired by them. Infosys, TCS pays and provides all kinds of benefits for people on H1, I don't know what ppl are against companies that have good business practice.
Deloitte, Accenture, IBM brings ppl from other countries on L1 - why balme Infosys, TCS.
sanjay
03-27 04:01 PM
Boss, remove Atalji. He is on bed for last 8 months. So no chance for him.
Sonia Gandhi is out of question as people will not accept her.
Rahul is a baccha ( KID ) in front of all those stalwarts ( old and experience wolves ).
Contest should be only between MMS and Advani.
Though i would have loved to see Modi on PM HOT seat.
To all those who had given me RED dot and most idiotic comments for my above post.
Does my above post really need these comments:
* you racist hindu bastard...
* take this nonsense elsewhere
* gandu
etc;
Sonia Gandhi is out of question as people will not accept her.
Rahul is a baccha ( KID ) in front of all those stalwarts ( old and experience wolves ).
Contest should be only between MMS and Advani.
Though i would have loved to see Modi on PM HOT seat.
To all those who had given me RED dot and most idiotic comments for my above post.
Does my above post really need these comments:
* you racist hindu bastard...
* take this nonsense elsewhere
* gandu
etc;
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