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  • immi_enthu
    07-26 05:34 PM
    I am not with Amway or Quixtar but I think the folks with Amway/Quixtar are under represented on this thread and it's not fair :-)

    Just to add another dimention to this thread I will play the devil's advocate :D

    Here I go ...

    You guys are all wasting your free time bitching on this thread where as we are spending all our free time growing our business. We will retire early as we would make $xxxx/month for nothing when we turn 40 and dont need to work anymore where as all you guys bitching about Amway / Quixtar will still be working hard at your jobs till 60.

    What's your response ?

    :D:D:D:D





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  • gc28262
    01-16 06:14 PM
    http://www.murthy.com/news/n_repatt.html dated March 2006

    I discussed the matter of the Consular section requiring end-user client (http://immigrationvoice.org/forum/#) letters. Many H1B employers and employees, as well as several AILA attorneys, have approached me as well as the Murthy Law Firm, inquiring about this. The matter deals with the fairly recent requests for letters from supervisors of the end-user clients. These requests require the end users to outline the nature of the job to be performed by the H1B visa candidate, provide details of where the candidate will work, the length of the project, and the need for a specific H1B employee by name and other details. Unfortunately, most end-user clients are not willing to comply with such an onerous request. The very reason for the end-user client to hire an outside consulting company is to minimize the burden of administrative or HR responsibilities. Moreover, the law does not require such detailed letters for the issuance of H1B visas.
    �MurthyDotCom
    I respectfully summarized the position of many of you, our clients or those using candidates who apply for the H1B visa at Chennai, as follows.

    End-user clients generally will not issue letters to the consulate, as they do not wish to get involved with the H1B process. The very nature of the employment relationship, when hiring through consulting companies, is to avoid or minimize the work related to hiring candidates.
    Employers who sign the H1B documents do so under penalty of perjury and must pay the required prevailing wage, irrespective of whether they have assignments for the H1B candidates. The employer may decide to send the candidate back to his/her home country if enough assignments cannot be found.
    Legacy INS (now USCIS) raised many similar issues, in the early- to mid-1990s, regarding the length and nature of the projects in the U.S., timetable of assignments, and the H1B employer�s ability to pay the required prevailing wage. Senior Legacy INS officials from headquarters in Washington DC addressed the concerns of those examiners by pointing out that the law does not permit them to investigate a U.S. employer�s ability to hire H1B employees. The USCIS is bound by memos and policy guidance of the Legacy INS. After that memo, Legacy INS stopped issuing lengthy RFEs on these matters.
    The law does not require any such letters by end-user clients for the issuance of the H1B visas to the visa applicants.
    Delays in the issuance of H1B visas cause many of the employers considerable financial (http://immigrationvoice.org/forum/#) loss and postpone the implementation of projects. This results in the additional loss of revenues and credibility with their clients, due to their inability to produce in a timely fashion the required specialty-worker candidates.





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  • unitednations
    02-13 03:34 PM
    I interpreted that as allowing a country to go over the overall 7% limit in the total EB categories.....Which conforms to what USCIS did in 2005....USCIS allowed much larger than 7% from India that year...and they were within law...( Of course that can be litigated against if someone raises an objection ......)

    So if my interpretation applies and after reform there are 290K total visas available then there is a decent chance of EB2/EB3 India China to at least come to 2005 PD levels if not current...


    If they changed the law to have 300,000 visas but there is 400,000 people going for greencard; then there would still be retrogression. The unused visas from ROW would not get allocated quarterly but in the fourth quarter.





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  • hiralal
    06-12 10:33 PM
    since we are not having any campaigns to help ourselves ..let us have a campaign to expose the L1 / EB1 visa / GC fraud !!



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  • vparam
    01-23 05:16 PM
    http://news.mainetoday.com/updates/008785.html



    Our message to Narendra "Nick" Mandalapa : Enjoy prison. Maybe on the inside, you can sell contraband items just like on the outside you sold approved labor certs.

    --------------------------------------

    Like someone said on the news article thread, the only difference between this guy and other desi companies (Desi means "of Indian origin") is that this guy got caught, while hundreds of other companies still sell approved labor certs with earlier priority dates.

    And all this illegal trade is much to the delight of AILA, who is pushing hard to keep labor substitution alive.

    What's in it for AILA? : Additional business of labor substitution. Now, for a few extra pennies, AILA would not hesitate to screw thousands of GC applicants waiting in line and enable the "Cutting in line" that happens due to labor substitution.

    So if you think AILA is a friend of immigrants (legal or illegal), think again. Its a friend of $$$. And there is nothing wrong with that. Everyone pursues self-interest. That is what AILA is doing. But dont misunderstand AILA as a champion of immigrants (legal or illegal). It represents immigration lawyers, not immigrants. On a rare occassion, the interests overlap, and that's good. But on many issues, AILA has a history of being very very employer friendly as far as immigration law is concerned, even if it comes at the cost of employees(immigrants).
    Logiclife -
    I would not say substitution of labor is totally wrong. I left my previous company after having waited for a labor over 2 years and helped find a suitable candidate, who also had the same level of education and experiance and was an exact replacement for me (Sr.Program Manager -designation). My (old) company which is fortune 100 company was not ware of this substitution business till i told them they should use it when they spent money filing it for me and i am not using it. while consulting companies also use it when the original person left and they have someone else to fill in that role..

    The concept becomes wrong when it sold and not really used for a replacement and i think those guys have to be identified like Narendra Mandalapa and punished.





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  • sanjay
    03-31 02:43 PM
    Here are the comments I got from people when I asked Marphad to add Modi name to the list.

    * you racist hindu bastard...

    * take this nonsense elsewhere

    * xxxxxxx

    * xxxx xxx.

    * You get what you deserve. What's so "non-annonymous" about "sanjay"? You are now a minority in this country. Maybe Americans should treat you like Modi treats minorities. Maybe then you will understand the value of life. All life.

    * ??


    HUH ! ! ! Long live Democracy. And 18 people had polled for Modi as of now.



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  • go_guy123
    08-16 01:24 AM
    Don’t make a big deal of Shah Rukh’s detention:One For The Road:Anand Soondas's blog-The Times Of India (http://blogs.timesofindia.indiatimes.com/onefortheroad/entry/don-t-make-a-big)

    One For The RoadDon�t make a big deal of Shah Rukh�s detention

    After a long time actor Salman Khan has come up with a real gem. On hearing about Shah Rukh Khan being questioned by US security at Newark, New Jersey, he said it�s good that the country has such a tight set-up. And that ``there has been no attack after 9/11 because of this.��

    Salman has a point. SRK might be an icon to Indians and many in the subcontinent, even to the desi diaspora spread across the globe, but to America he�s just a visitor. We may be convinced he cannot be involved in anything that�s remotely violent, but the guard given the responsibility of stopping something like 9/11 from happening in his country again will want to take no chances. And what is the possibility that he�s a die hard fan of the Khan and Bollywood? Very slim.

    Interestingly, the same day that SRK was detained in Newark, there came news that the great Bob Dylan, who was wandering around Long Branch, near New York City, sometime back, was asked for an ID by two cops too young to know who he really was. When he couldn�t furnish one, he was taken right back to the resort where he was putting up and staff there vouched for him. And America is Dylan�s own country.

    Was there a furore? Not that I know of. Not even a little blowin' in the wind.

    SRK says he�s ``upset and angry�� because it was his Muslim name that caused all this. Thousands of Muslims are made to go through extra security checks everyday in America and a host of Western countries. Is he equally upset at that? He's probably just pissed that it happened to him, India's mega star. We all know how a lot of Muslims have been subjected to prejudice around the world because many countries see terrorism as an Islamic phenomenon. Yes, it is uncalled for, unjust and maybe wrong. But America is a country that takes the killings of its people with the seriousness it deserves, unlike India whose record on this is shameful, to say the least.

    Also, because most of the perpetrators of 9/11 were Muslims, America thinks it has to be doubly careful where they are concerned. Had the terrorists been Jews, perhaps it would have looked at Jews with similar suspicion. I was much more aggrieved at President Kalam being frisked. But that�s a dated debate.

    There are two layers to the SRK incident and we must peel them off with care. One, it is quite ridiculous that Indians feel their icons and superstars are everybody�s icons and superstars. What the heck? If Jet Li came to India tomorrow, the man on the street here would probably call him �`Chinky�� and not give a second look. For that matter, what if G�rard Depardieu came travelling. How many would know him? Matt Damon was here recently and there wasn�t a traffic jam in Delhi. These guys are huge back home.

    Moreover, America doesn�t have a culture of fawning the way India has. Mike Tyson was treated like a common rapist and spent most part of his youth in the slammer. Winona Ryder was sentenced to a three-year probation for shoplifting. Chinese born Hollywood actress Bai Ling was fined US 200 dollars for petty theft.

    More importantly, we are actually aggrieved because we are ``not like them��. Well, guess what. It isn�t a virtue. We should be like them and take the security of our country and its people with solemn, no-nonsense professionalism. Frisk Brad Pitt when he lands in India next. Give Tom Cruise the same dose. Don�t spare Bill Clinton either. Isn�t he an ex-prez just like Kalam? Who�s stopping you and what�s stopping you? Colonial hangover? Or is it plain lethargy and callousness. Looks like both.

    We are just whimpering over here like hurt puppies because we feel, ``Oh, but we don�t do it to them��. Oh no, we don�t. And it�s a scandal. We should. I�ve seen white men � and women � get away in India with murder. Indian women can�t get into some discos wearing a sari. And bouncers will frown at you if you are dressed in a kurta. Have you seen what some of these firangs have on them? No one bats a eyelid.
    So instead of making SRK�s detention an issue, we should think of upgrading our own security set-up.

    There�s a lesson in this. And it is a positive one. A day after our own 26/11, there was hardly any security at CST in Mumbai. It can�t get worse than that. The bottom line: Stop fawning, shed the colonial hangover and make no compromise where the country�s safety is concerned. Can we do that or is it too much to ask from a country that�s been free for 62 years but was ruled by white sahibs for 200?

    Well said and perfect....in India there is a culture of babu where VIPs are not checked at all....otherwise the wrath of the high officer will strike on the junior officer.





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  • visves
    06-28 10:47 AM
    I think there is a certain percantage or number allotted for each quarter to avoid unavailability of visas. Otherwise, there is always the possibility that if enough people are in the pipeline waiting, all visas could be allocated when the Fiscal year begins in Oct which would mean visas could become Unavailable very soon.

    So, are you saying that USCIS uses quarterly quota versus monthly quota. According to an earlier post:
    Hi Macaca;

    This is taken from the July 2000 VB:

    HOW THE SYSTEM OPERATES
    At the beginning of each month, the Visa Office receives a report from each immigrant visa processing post listing totals of documentarily qualified immigrant visa applicants in categories subject to numerical limitation.
    Cases are grouped by foreign state chargeability/preference/priority date. No names are reported. During the first week of each month, this documentarily qualified demand is tabulated.
    VO subdivides the annual preference and foreign state limitations which are specified by the Immigration and Nationality Act (INA) into twelve monthly allotments. The totals of documentarily qualified applicants reported to VO, and the expected INS demand for numbers, are compared each month with the numbers available for the next regular allotment. This allows for the determination of the monthly cut-off dates, and the allotment of numbers for reported applicants who have priority dates within the newly established cut-off dates.If there are sufficient numbers in a particular category to satisfy all reported documentarily qualified demand, the category is considered "current."

    From this it is very clear that the number of Visas available for the rest of the FY 07 is enough to accept as many applications as can be approved in those 3 months(July, Aug and Sep).



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  • eb3_nepa
    10-24 10:00 AM
    Lets say you have a company. You apply for some-one's labor. The labor is approved. Then the guy leaves. So you have one approved labor. You can then ask me to give you a "gift" of lets say $30,000 and in due course you will employ me in that position. Technically this is illegal, just like it is to take campaign contributions to vote in a certain way...But in practice it is hard to establish quid pro quo in these cases. More so when the person is willingly paying the money and is not willing to turn on the seller. So people who say you can buy LCs legally are WRONG.

    Ok got it thanks Amoljak

    So then that is the only way one can SELL you an approved LC?





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  • EndlessWait
    12-15 10:42 PM
    We have taken these ideas to executive and legislative branches of the government. Our suggestions/proposals have been taken up at the top most level. This has been discussed more than few times with favorable consideration. Without being able to share the specifics, we have received extremely positive feedback for our suggestions. Specific events have to occur before this and similar ideas could possibly be considered in the new administration.

    Thanks,

    its the right time. two birds with one stone. lets keep pushing for it. go IV



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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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  • gvenkat
    02-13 01:57 PM
    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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  • Desichakit
    07-17 12:33 PM
    As per USCIS VISA Bulletin of July 2008. If there is spillover from EB2 to EB3 the it will benefit EB3 India as Visas have to be allocated to more retrogessed country first. Even if that is not that case and numbers are evenly spread even then EB3 India stands to be at advantage. I think EB3 India will benefit from this intrepretation eventually.

    EB2 India 2008





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  • chanduv23
    02-13 10:39 AM
    You are right chanduv. If ppl are not even participating in letter campaign itself what to expect abt all this lawsuit stuff.

    We must learn from the Jews, Italians, Patels, the african amerifcan comunity, the anti immigrants - what unity can achieve.

    We seldom see them blaming their community efforts - they are strong and America is the apt place for them because they are strong. They built the system for themselves.

    We are always followers - divided - fighting among ourselves - challenging our own credibility.

    I do not want to deviate the intent of this thread. let it continue - but every topic must have a reality check.



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  • vine93
    09-23 05:12 PM
    Nixtor,

    This idea makes much sense and I am for it.
    Only hitch is how fruitful it would be launching it now. Why not to wait for next season ( Probably Democrats ).





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  • Ramba
    02-15 04:51 PM
    INA has lot of flaws with regard to ethics or fairness. It is countless. The ROW vs India/China fight is st..d. The bottom line is US has its own rights/rule to what kind of people they want to bring in.

    If you fight for fairness in INA, then it is joke. For example, if you are a spouse of us citizen you will be given GC immediatly, (no numarical limit). However, if you a researcher from India, develops medicine for AIDS and applied NIW EB2 petition, there is no visa availble for forseeable future. You can say it is unfair. But government dont care. One cannot argue why they have E2 visa for specialy for Australians? Why not for Newzlanders? Why they have special quota in H1B for singaporans and Chilians?. If any one asks fairness question it is end less. For example in guest worker program in last year, they eliminated country quota (to legalise mexican unskilled-undocumented workers).

    Fair Bussiness that needs skilled foreign workes dont care about country of birth of workers. But it is sad that INA, prevent that fairness. But government has its own agenda. The better way to eliminate this problem is by constuctive lobbying to eliminate country quota or atleast increse from 7% to reasonable number.



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  • la6470
    01-15 06:05 PM
    Yes in my opinion also companies like Infosys, TCS, CTS or HCL - all of them have abused the L1/B1 visa program. At least with H1B the benificiary gets a shot at the "american dream". However with L1 visas - it is pure high tech slave labour. The L1 visa holders are dumped in client places all over the USA and they are paid even lower wages than their H1B counterparts and on top of that the L1 visa absolutely prohibits the visa holder from changing employers. The typical lifcycle of a L1 visa holder is to come to USA, learn from their US counterparts, co-ordinate between the US client and the offshore team back in India, save as much money as possible to pay off for the 2 bed room apartment or car back in India and then at the end of six months , beg their employers for a new project in USA. And during all this time they have to keep up a brave face - saying they dont really "like to stay in USA". Talk about "grapes being sour".

    However these companies typically are financially in a much better position and have stronger lobbies than small time desi bodyshoppers sponsoring H1 candidates - so USCIS haven't really got the guts to look into their activities as compared to desi bodyshops.





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  • Legal
    07-25 09:13 PM
    Next years numbers are not consequential to EB2I movement to be honest. Any realistic movement will depend on spillover. Consider that EB2I is statutorily limited to about 2800 visas(inclusive of family members) without spillover. Whereas spillover has the potential to contribute tens of thousands of visas.

    Very true. My speculation :) is most EB2-I upto mid 2006 will be cleared up and the puny new numbers will trickle to keep the PD around June 2006, or slightly earlier rather than going to 2004 or earlier.





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  • TeddyKoochu
    09-15 05:09 PM
    The spillover magnitude and volume really holds the key to our future, does a quarterly spillover work out better for us, does it help generate more numbers? Looks like the spillover last year was random, how do we explain the date going back to 01-JAN-2000 for sometime before bouncing back? Looks like things are on solid ground this time as unlike the previous years as we did not see a rollback of dates in the Oct bulletin.





    TeddyKoochu
    09-15 05:09 PM
    The spillover magnitude and volume really holds the key to our future, does a quarterly spillover work out better for us, does it help generate more numbers? Looks like the spillover last year was random, how do we explain the date going back to 01-JAN-2000 for sometime before bouncing back? Looks like things are on solid ground this time as unlike the previous years as we did not see a rollback of dates in the Oct bulletin.





    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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