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  • jchan
    05-29 03:18 PM
    Well, I think the discussion is about people playing by rules are getting pushed back by those exploiting loopholes.

    Some members were trying to say we should not fight fraud because the root cause is insufficient visa number (and country quota). While he was right about the root cause, that does not mean we can't do the two things at the same time.

    See what happened to H1B when USCIS acted seriously about fraud? Most of the fake 'employers' or those applying H1B only to rotate people in the US got the message and really thought twice before they file a case. Result: two months from 04/01, there are still 20k H1B quota left. And this didn't even need any legislative change.

    What if USCIS starts scrutinizing EB1 cases for multi national executives? In no time they will find 50% of employee from an Indian IT firm are executives. This is not hard -- by common sense a very very small portion of employee are executives.

    Someone said we would do the same if in their position. Well they didn't know some people do have a line of morality. I am from China. There are many ways to apply refugee being a Chinese -- one child policy, Fa Lun Gong, etc. Yet I refused to do that and most of my countrymen didn't.

    If you didn't have patience to read every word of my reply, what I wanted to say is, fighting fraud and advocating more visa numbers are not mutual exclusive. We do not have to unite those who get their Green Card by fraud, because our interest are not the same with theirs.


    Can not agree more.

    We get engaged in all kinds of discussions EB1 Vs EB2, EB-I Vs EB ROW. bulletin predictions...But we all skilled immigrants can not figure out how to unite and resolve the big issue of backlog. When one person suggests any initiative( flower campaign, call campaign, letter campaign etc.) more 20 people hammer him or her and spend their full energy in proving how suggested idea will not work. Next time the guy does not even think about suggesting anything. On top of that some will come up with their line" Have you contributed, If not then do that first".Our lack of unity will keep us here for a long time to come. In coming months and years, some people will lose interest, stop visiting this site and move on. Others will come to see if there is any POSITIVE news and some will still keep fighting over the issues of EB1 vs EB2 vs India vs China Vs ROW.

    Good Luck





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  • kevin08
    03-28 12:47 AM
    remove Atalaji...add Bahenji.





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  • bayarea07
    07-22 06:03 PM
    Good One !!!


    While we are all sharing about our Amway solicitation experiences, let me share what I've seen in the last few years.

    Background: In the last 6 years, I've been approached over 2 dozen times in the Bay Area. Things got so bad that the same guys have approached me more than 3 times in some cases before realizing that they've already talked to me before.

    Incident #1:
    A guy approached me while I was at the mall saying "hi" and striking up a conversation. During our short chat, this 20-something desi guy proceeds to tell me that he is the CIO of Fox News. At which time I pull out my iPhone and look him up using my LinkedIn app under the guise of adding him to my network. Turns out he is an engineer at a local company which he covers up by being embarassed and saying "I haven't updated my profile." I joke about how he moved up in his career so quickly - he then makes an excuse and walks away. I never hear from him again. Another reason to love technology!


    Incident #2:
    I get approached while shopping at the local GAP store. Being a veteran of this form of solicitation, I respond by saying that I work for the San Jose Mercury News and that we are doing a story on Multi-Level Marketing schemes. I ask him if he knows anyone who would be willing to chat on the record. This guys says "Nope, don't know anyone" and walks away. I never see him again...

    Incident #3:
    I am at the Nike store and get approached by this guy asking me if I work at Google (I do not). I tell him "Nope" and walk away before he can ask me another question. I have been approached by this same guy 2 more times at other stores (within 6 months) asking me similar questions. The 3rd time, I tell him - "We've spoken before - No, I don't work at Google, No, I'm not from Delhi and No, I'm not interested in what you are selling." He is stunned and walks away with his tail between his legs :)

    Incident #4:
    The local Fry's is a popular hang out for Amway-types. I learned the hard way because I made my first mistakes here. Both guys that struck up a good conversation with me turned out to be Amway types. After the 2nd phone call, I tell them that if they call me again, I will report them to the authorities and Fry's for illegal solicitation and harassment.
    This stops both people in their tracks. I never see them at Fry's again!

    Bottom-line: Hold your ground, use technology and don't be afraid to kick them around a little bit. Saying "No" is golden!





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  • longq
    02-13 03:53 PM
    Before AC21, the spill over goes vertically.
    After AC21, the spill over should go horizontally. But it is not going so. There is something going behind the screen. There is some reason for DOS is doing so. The law is not gray in this respect. It can be easily litigated, if they issued less than 40,000 EB2 visas and more than 40,000 EB3 visas. Nov 2005 VB is not a law. It is a statement by DOS. The law is section 202 of INA.

    In both cases (before and after AC21) allocation of unused visas should go in a last month of calnder quarter. Both sec 202 3 a and 202 a 5 says "in a calender quarter" ..

    Before AC21

    3) Exception if additional visas available. - If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a) and (b) of section 203 for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during the remainder of such calendar quarter.

    After AC21..

    (A) EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.

    Now ROW experts, post your comment for this hypothitical example ..

    Lets assume there are 100 unused visas in EB2 catagory in a calender quarter. Worldwide EB damand is more than 140,000. Now, how will you assisn those numbers if it is before AC21 period and if it is after AC21 period.

    If you say in both cases it goes to EB3-ROW, then we are not stupid to listien.



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  • immique
    07-17 01:23 AM
    I don't agree with your arguement. Spillover can happen in any quarter and you don't need to wait until the last quarter for it to happen. with EB1 and EB2 being current, the spillover into EB2 I and C will start from November/December of 2008 itself

    Since no one knows how many of pre 2004 EB2/EB3 are pending for India or ROW, it is very difficult to predict where the PD would be at 2008 november. Whoever feels the numbers less suggests EB2 india PD would move forward, whoever feels the numbers are more suggests it will move slower.

    But this is what my assumption is USCIS/DOS would start will less number of Visas for starting of year, let us say 900 for EB2(I) on november 08. There is a possibility that EB3 to EB2 conversion, Missed out old PD cases etc would result in getting EB2 going backwards...This would be the case for first 2 to 3 quarters, even if it moves it would in couple of months.Again based on EB3(ROW) demand next year end EB2(I) may or may not move forward fast.
    One thing for sure spill over happens only during the last quarter, be it horizontal or vertical.

    But this years move would make some people lucky to get GC even if their PD is in 2006. Again this is all my assumptions..





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  • neoklaus
    02-15 10:39 AM
    the law does say that the GC numbers expire if unused.
    once expired USCIS has no power to use them.
    you need to study this deeper if you want to consider a challenge.

    ppl voting emotionally, mostly.

    Emotionally I'm pro, logically-contra.
    We have to change subject, lawsuit not for recapturing numbers but against modern days slavery or something...have to think more and consult with lawyers.

    Class action lawsuit- very tricky thing.



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  • bharol
    06-11 03:29 PM
    USA needs people with qualifications and skills.

    Sooner they learn it, the better.





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  • reddymjm
    09-23 03:42 PM
    Markus.Rose@mail.house.gov,
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    Larry.Lavender@mail.house.gov,
    Philip.Swartzfager@mail.house.gov,
    Dave.Oxner@mail.house.gov,
    Michael.Staley@mail.house.gov,
    Scott_Hoeflich@Specter.senate.gov,
    Thomas_Dower@Specter.senate.gov,
    Lisa_Owings@Specter.senate.gov,
    Matt_Kelly@Specter.senate.gov,
    Sheryl_Cohen@Dodd.senate.gov,
    Rebecca_Freedman@Dodd.senate.gov,
    Jim_Fenton@Dodd.senate.gov,
    Patrick_Grant@Dodd.senate.gov,
    Lori_McGrogan@Dodd.senate.gov,
    Alex_Sternhell@Dodd.senate.gov,
    Laura_Friedel@Shelby.senate.gov,
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    Chad_Davis@Shelby.senate.gov,
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    Bill_Yeomans@Kennedy.senate.gov,
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    Eric_Mogilnicki@Kennedy.senate.gov,
    Stacey.Leavandosky@mail.house.gov,
    Erik.Stallman@mail.house.gov



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  • bestia
    02-14 11:36 AM
    Bestia,

    This is bigotry. Stop using other countries (Sierra Leone or Kongo (spelled Congo FYI) as scapegoats. Obviously, your country isn't so great or you wouldn't be on this forum trying to immigrate to the U.S. Plenty of people do immigrate to the Congo and Sierra Leone FYI...I am not attacking you but it is incredibly insensitive and ridiculous to point to other countries in that way - where are you from that's so perfect?

    I brought African countries not as scapegoats, but as examples of countries not colonized by Europeans. I didn't mean to insult anybody from Sierra Leone or Congo ;) But my point was that if there wouldn't be Europeans - there wouldn't be United States.

    Man... you can't bring some example, not to be accused of something... Come on guys.

    Happy Valentine's Day.





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  • jayleno
    09-23 11:10 AM
    What an irony my friend. I'm arguing for people like you...who can afford to buy a home in this economy and you arguing for people(bodies in your "not every body") like me who cannot afford. Thank you for your concern, but I think it is a very good idea.
    :D
    What a Twister !!!
    Jayleno,

    You are not really interested in helping, otherwise you would have bought a house and put economy back on track. But you are taking advantage of the current situation. My point is not every body has money at present in hand to buy a house. Every body likes to spend their money and settle down here, otherwise no body would have applied for green card. This plan is proposed all of the sudden and it is not fair. If i consider people, who lost jobs because of this worst market, you are twisting the story by talking prevailing wages and illegal status. FYI, I have potential to buy a home here and currently working and making enough money here. I request you answer the question only, not twist.

    aps



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  • venky321
    01-14 07:15 AM
    The best thing an individual can do is look for a full time job and not worry about things not in his control. I cannot imagine that they will cancel existing visas, so those who have time on their visas left are probably safe.....for now.

    If they are going to phase out of IT contractors from H1B visas by denying all new extensions or new visas, then they will be positions that need to be filled. While they might be a lot of unemployed American programmers they might lack the skills the newest technologies.

    Other than that, this could be a great opportunity for Indian companies as large IT implementations might be completely outsourced now; if companies are unable to staff their projects with H1Bs here.





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  • bfadlia
    02-16 12:33 PM
    There may be truth in it. But not completely so. There are are lot of well qualified and experienced people. But there may be frauds too.



    Again it is a mixture of all kind of types coming through the consultants.
    So, the issue is that there are lot of qualified and experienced people in India that are willing to come to USA to seek better opportunities ( although these says , the students from top universities of India may not want to come here ) and i believe it is not that the consultant companies dump 'all who can walk' into USA. There may be a certain percentage that are 'deficient'.
    So, my main point is that , by virtue of larger population, India has larger number of graduates/employable folks. Plus many of them learn English ( if i need to communicate with people in other parts of India, i use English ) , may be with thick accent.


    mallu, i appreciate the rational arguments you made. But still a lot here falls under "yes we agree bodyshop practices are unfortunate, but let's pretend it has no concequences and it never harmed anybody" That is wrong.. I would hear time and again from ROW friends who land lucritive job offers here but when it's time to apply for H1 they fail because a handful of big bodyshops consume tens of thousands of visas for the exclusive offering in their homeland.. then we hear people now ask the remaining ROWs who managed to stay here against big odds to take another one for the team and help alleviate the problem of the big lines these bodyshops created and claiming this is for the sake of fairness and equality.

    i still see other posts with nothing but barking.. ok let it be, we can't do without those who have nothing to offer other than that.



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  • test101
    07-04 10:33 AM
    I have more emial addresses if you want them.....

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  • _TrueFacts
    09-06 06:49 PM
    Stories of a warlord, factionist and political radical gunda.

    From Kumar Narasimha's blog -

    A born again politician - Part 1 (http://kumarsbol.blogspot.com/2009/09/ysr-19492009-born-again-politician-1.html)
    A born again politician - Part 2 (http://kumarsbol.blogspot.com/2009/09/ysr-1949-2009-born-again-politician-2.html)

    As degree college students in Kadapa those days, we were blissfully ideology free. During election season, YSR's people used to offer willing groups of students with jeeps, and money, provided we take part in the campaign in the villages. I remember going on a couple of those trips. We used to visit a village or two till lunch time, and then some one would organize food in one of the villages.Biriyani and stuff. And in the evenings, liquor would be available. In most of the election booths, there would be hardly any voting. The student volunteers and others used to simply rig the votes. In one of the booths, I suggested that not all votes should be polled for YSR as that could disqualify the voting from that booth.And I polled around 25 votes for the BJP candidate. It was a token gesture towards the center right from my side, I suppose.

    But in these interactions, we used to hear war stories being swapped by some of the muscle men. A large number of these goons-for-hire were dalits, with their ring leaders being Reddys. There was this time when in a road side tea stall, two men claimed to have killed three people each during the communal riots in Hyderabad. Apparently, people were shipped in lorries from Kadapa and few other places to the Old City, and were given a few hours to wreak havoc.



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  • chanduv23
    02-13 06:27 PM
    hopefulgc - please dedicate some time and update your first post with more information on lawsuit, you may want to quote lazycis 's posts and other information.

    A lot of people may not be very knowledgable and may backoff when they see the word "lawsuit".

    Those who are saying YES on the poll - it is assumed that you will not backoff - if you have not yet updated your profile on IV - please update your complete profile - this will show that you can be counted on.





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  • ingegarcia
    10-10 08:59 AM
    This is half truth.
    Tn1 to GC is legally possible but once your GC application (I140 and/or I 485) is pending, your TN1 cann't be renewed. If your dates are current, you can apply I 140 and 485 concurently and get EAD, while you hold TN1. Once you get EAD, you don't have to worry about renewal of TN. Here you need to manage possible two risks; You must get EAD before next TN renewal, and by chance, if I 485 deny, you have no back up and must return to Canada.

    Current retrogression, it is not possible to go from TN1 to GC.

    My PERM labor, I 140 approved and I 485 is pending since more than 12 months. I was confident and took calculative risk.

    Thanks for the information. :D



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  • bobby
    07-04 12:51 PM
    My suggestions:
    "Door slams shut for highly skilled LEGAL immigrants in the US"
    "US closes the door for highly skilled LEGAL immigrants"
    "US isolates highly skilled legal immigrants"
    "Broken Legal immigration system harmful to US competitiveness"
    "Legal Immigration system in shambles"

    I had started working on a letter myself but will wait for yours....here's my initial scribbles fyi....

    Law abiding skilled legal immigrants persecuted by government misstep

    On 7/2/07 the door was slammed shut for many skilled legal immigrants without notice while only 2 weeks earlier these same legal immigrants had been notified that the final stage of their immigration i.e.: green card processing, could begin. This occurred not because these legal immigrants had not followed the rules but rather due to scandalous government actions. These actions have caused outrage & devastation amongst skilled legal immigrants and immigration attorneys alike who question the government�s credibility and the government�s disregard for precedent and the law. The results may be costly litigation and a class action lawsuit by the governing body, the American Immigration Lawyers Association against the government.

    Much focus has been placed on illegal immigrants in this country. Yet, the broken immigration system holds ominous consequences for skilled legal immigrants which the US needs to remain competitive and at the forefront of technological and medical development. The obsolete immigration laws do not address this need and government missteps further contribute to the persecution of law abiding skilled legal immigrants who wait patiently in line and live with severe restrictions for many years while their immigration cases are processed.

    ....I was going to continue with information on the visa bulleting and IV etc.....





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  • ita
    03-30 11:57 AM
    You obviously have your own reasons for pitching so adamantly for the wrapper MMS.Isn't it strange that he won't even contest the election directly?Did you hear his speech post Mumbai attacks?

    Now back to financial reforms which is his forte...just so you own...

    Sonia held back MMS's hand. She had him appoint the National Advisory Council (NAC) (apart from list of other councils and Congress constitutional changes that she made so the power lies directly in her hands)under her chairmanship with statutory powers to oversee the the reforms.

    It's easy to blame the allies it's tough to suck in the truth when you as an individual have vested interest and not Nation's interest in mind.
    All these vested interests of different individuals are the rungs of Sonia's ladder.In that sense alone she and her family are in
    the right place right time.

    We as individuals don't put in efforts to learn the facts(of course we have so many hurdles in our own life),when some one breaks it down for you, you try to weigh your benefit in accepting/rejecting the facts. Then wake up one day when we get the jolt of Mumbai kind of attacks(She was doing non sense with defence ministry too). Of course there is always IV to come carping( well why not?... carping on forums doesn't need any effort... also it's a good way of passing time)

    I some how knew when I started sharing what I know MMS will catch up in the poll.Look how he is suddenly so popular on this thread's poll.But I still think me sharing all these facts/views is in some way good.

    I believe there were some junkies called Left were holding the Govt and MMS as hostages.... Thats why there is no reform...





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  • chanduv23
    05-18 08:31 AM
    Best of luck...sri lankan sinhalese and sri lankan tamils...I hope you can accept each other's perspectives and move away from extreme positions.sri lanka is such a beautiful country. i hope i can visit again and explore the northern areas..here's wishing peace with dignity (not subjugation) for all.

    If you talk to a Sri Lankan tamil - they are under the impression that Sinhalese people are barbaric and we cannot live with them in peace. If you talk to Sinhalese they say the same.

    The thing is - it is difficult to change people's views and opinions. The whole thing about history and religion and discussing what people did thousands of years back and why people are killing now and linking things is just an example of how a human mind is oriented.

    We can clap only if two hands join. If one part seeks peace and the other does not - then it is not as easy as we all preach.

    Lets take the example of how difficult it is for us to get any legislation passed to help clear our backlogs and resolve our issues. Now, why is it so difficult? It is not because the system is noy good - no one other than US who suffer will agree the system is not working. If you step into the shoes of someone from the other side - you will realise that - things are not easy, especially to deal with Beurocracy.

    Will things change? Lets hope for the best - let us atleast do our part by inculcating love and good heartedness in our next generation - let us not tell them - "in history such thing happened thats why I have this opinion and you must also have the same opinion"





    kumar1
    07-13 04:27 PM
    I'm tired and extremely frustrated. Maybe this country does NOT need
    an experience special education teacher nor a registered nurse (my husband), who studied here but cannot work because of unavailability of visa/green card.

    Starting today, I will explore the possibility of moving to Canada. Could anyone direct me on how to start?
    Google "Canada Immigration"... very first link that you get will be very useful.





    Macaca
    07-04 10:18 AM
    IV release has the following line. Looks like they are talking about H1B renewal. However, we will have EAD renewal. Any cost/benefit analysis for us/USCIS on H1B vs EAD renewal.

    Additionally, this move would have also eliminated the need for continually renewing temporary skilled visas.



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