Saturday, August 6, 2011

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  • Legal
    07-03 08:47 PM
    My ideal solution for this is to make this a hot button issue in the media and then try for legislation to recapture visa numbers and allow forwarding of visa numbers. That will help us go a long way.

    Will it be possible to get emergency legislation to capture unused EB numbers for the past several years????

    Is it possible to escape the radars of the likes of Durbin & Sanders?





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  • vinrobo
    07-21 01:56 PM
    I had my first encounter 10 years ago while in India. Escaped the scene and felt bad that time about it.
    But now I have become good at it and just let them politely know about my policy of not "owning a business".





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  • morchu
    05-29 04:09 PM
    Destructive thinking is not helping. Constructive thinking is what we need.
    Who gets there "earlier" is not important. Can you get there "faster" is what is important.





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  • thomachan72
    09-04 10:59 AM
    This is not contributing to anything. I dont think oposing parties in this discussion will ever come to an agreement so what is the purpose of carrying on. Please close this and lets concentrate on something else.



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  • kumjay
    06-27 01:04 PM
    I would love to ask Lou Dobbs the same question!!

    Three facts, followed by one interpretation.

    First: several members (incl self) have checked with their own lawyers and these lawyers tend to agree with the common interpretation of validity for entire month. And at least some of these are lawyers with many years of practice.

    Second: Fragomen, the largest immigration law firm, on its website mentions the mid-month possibility; so while there is no government source, the whole topic cannot be dismissed as an unfounded rumor.

    Third: Macaca keeps cutting and pasting from the ombudsman's report in many different colors.

    My interpretation:
    The mid-month concept seems to be a matter of opinion. Multicolor posts notwithstanding, there's nothing official on this matter so far. (I emailed the state department seeking an answer; not surprisingly, I haven't heard back. If anyone else can get something from the horse's mouth, then post it here. If you can get stuff only from the other end of the horse, then maybe there's isn't much pointing in driving a general panic.)





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  • Macaca
    01-28 09:22 AM
    The solution however is not to disband the entire H1b system/EB greencard system as the anti immigrants want but to modify the rules surrounding it. I think most fair minded people can agree that this is needed now.


    This is exactly what IEEE-USA (http://www.ieeeusa.org/policy/issues/H1bvisa/index.html)is asking for us. It is not good for us now, it will not be good for us later and it is not good for anyone.

    We need to educate ourselves about these issues. Ignoring them will not help. Just because we ignore it does not mean that the person voting on our bill is also ignoring it.

    Based on such issues that I learn everyday, I am not surprised our bill is not passing.



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  • BharatPremi
    05-17 10:27 AM
    Your statement completely misleads and not true.

    SL Tamils are not immigrants but are the native sons of northern part of the present geographical area known as Sri Lanka. Before Europeans came more than 500 years ago to Sri Lanka, SL Tamils had their own kingdom but when finally British left, they left the Tamils land and fate with the hands of the narrow minded majority, who started to discriminate ingenious Tamils left and right.

    Of course as you said, there are Indian Tamils in Sri Lanka who were taken by British to work in the tea plantations. Besides, Muslims in Sri Lanka also speak Tamil but they don�t usually associate racially with Tamils and maintain separate identity

    Current issue in Sri Lanka is between native Tamils and Sinhalese. Indian Tamils factor very minimal in this conflict.

    Please do some research before putting things in historical puerspective.

    You contradict yourself while saying "Your statement completely misleads and not true". I am saying this because you preferred not to comment on "Sinhala" part of my statement. So, should I safely assume that you are in agreement with that part? I agree with you on one thing as in my statement I did not enlist all probable historic migrations of tamils in past for an example during Chola invasion or at the time of Prince Vijaya.. But still I would say there is a truth in my statement as tamils were never been in such a huge proportion of sri lankan population in history. Today's almost 18-20% of tamil population in Sri lanka is due to the large scale migration happened during British time period. And yes if stick to the truthful definition of "native" neither Sinhala nor tamils are the natives of Sri Lanka as both ethenic groups have been migrated from India to Sri Lanka at some point of time in history. And we can not change the definition of "native" in every century. Can we?:)





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  • amsgc
    07-04 12:30 PM
    What is $170 and $180? I got this number from my attorney.

    However, we are getting conflicting #s on application fee!

    Please resolve these #s. Lawyer fees vary. So we can give least and max #s.

    There should be no discrepancy in the application fee - I pulled out these numbers from www.uscis.gov.

    EAD (I-765): $180
    AP (I-131): $170

    As for lawyer fees, it varies by State, Experience, Number of dependents, and Reputation. I think the $2000 is representative of lawyer fees for primary applicant plus 1 dependent. I spoke to a lawyer in California who charges around $1700 for I-485/AP/EAD, and multiply that by the number of dependents. Another one on the east coast said $2000 for primary and spouse.

    If you go for I-140/I-485, then lawyer fees for 1 applicant can go up to $4000 easy.



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  • gomirage
    06-11 07:24 PM
    Congrats, you have arrived. Now, somebody, close the door please !!!

    To be honest, I do agree that the US needs qualified people with skillsets. The real question is "Are the people from the desi consulting companies the real qualified lot ? " Just to get my background details out of the way. I am a new member, from India ofcourse, and I have recently applied for my citizenship. Now with this huge deluge of immigrants, especially from the desi consulting companies, I feel that my quality of life is getting adversely impacted. Do not rush to conclusions that I am anti Indian or anti immigrant. 12 years back when I first got my H1 visa, the requirements to qualify were strict. Staffing companies to a decent extent followed rules and tried to get the best and the brightest. Once the dot com boom started, people from all walks of life entered IT. This was true of not just the Indians but also of people in the US. Soon after the bust, the value proposition from these staffing companies was simply low cost. This is not to blame the staffing companies. They behaved in an economically rational way.

    Consider this scenario. If you run a consulting company, wouldn't you try to maximize your profits by staffing people in projects at the least cost ? This is econmically rational. You wouldn't worry much about the quality of the deliverables and all you would care is to dump as many bodies as possible at the client site or offshore and get the maximum bang for the buck.

    In this scenario, how is it feasible to expect immigrational justice when the bodies themselves dont provide exceptional talent and skills but simply offer low cost ? Now you would be tempted to bring in the analogous case of illegal low skilled immigrants. Remember they are just that - low skilled workers. They dont "steal" the jobs of high skilled workers. But this dumping of IT workforce has completely brought down the standard of living of the IT workers here. To be honest, those who get green cards today would feel the same way five years from now when the next wave of so called "skilled IT immigrants" offer even lower wages and destroy the quality of life.

    In summary, this retrogression is good in a way. The truly best and the brightest would still be employed until their turn for adjournment comes in. Only the weak are currently scared of the delays. I went through the same torrid GC phase after the tech meltdown in 2001. I was not worried of my job then but many people whom I knew got clobbered and were forced to leave. This is the darwinian flush and it will take its toll. Trust me this the bitter truth. If you people still consider that all the people on H1/L1 are part of the best and the brightest, they are WRONG. Only a small % (probably 20%) are the true best and the brightest and a good 50% will be flushed out. Sorry to say this and hey give me the red dots.





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  • Osiris
    07-22 12:37 AM
    One of the main problems with Indians is that they are too nice to say "No" most of the times! Stop being nice or polite to these guys! I have been approached by these people before and the only thing that I say them is "Just leave me alone! I have a life unlike you."



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  • snathan
    03-30 05:46 PM
    Problem is we Indians see Indira Gandhi Airport, Jawaharlal Mission, Rajiv Gandhi Electricity Yojna, Indira Gandhi University, Jawahar Lal Uniiversity, Rajiv Gandhi Jal Sansthan, Rajiv Gandhi This Indira Gandhi that, so we get a feeling as if we are breathing just because of these 3 individuals. They are too good at advertising their Netas, that you just forget if anybody else ever existed...

    Don�t you see Washington Bridge or President George W Bush High way here...what do you call that.

    Dont you see a state called Washington...May I ask you who is that and why do they call by person's name.





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  • Legal
    07-19 01:25 AM
    Spillover will occur from the first quarter itself this time. it has not happened in the last few years because, there were many applications from ROW(especially EB2 and EB3 ROW) coming from backlog centers and using up all the visa numbers as all the spillovers got passed on to EB3 bypassing EB2 retrogressed countries. this is exactly why EB2 was unavailable in February. now with the correct interpretation of the law and EB1 and EB2 ROW being current, the spillover will happen from Nov/dec of this year itself for 2009 quota. But I am not sure how quickly the dates move for Eb2 or how much spillover will happen. remember the visas allotted for a particular quarter will be used by the end of the quarter and I doubt if there will be much demand in EB1 and EB2 ROW that can use up all the visas for the quarter. this is why I think EB2 I and C will get spillover very early in the year and I don't think we will be waiting till the last quarter for this to happen


    Economy is tanking, the number of new EB2ROW may not be that high in many fields in the coming months. What do you think? This is likely to help EB2-I,C who are in the waiting line and are able to hold their jobs.



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  • NKR
    02-14 09:17 AM
    Sorry for pasting the below post in the wrong thread, but I thought that people not residing in MI will have the tendency to by pass the thread that WD's post was in. I felt that we need to recognize and appreciate the efforts of people who worked towards this issue. If I remember right, Mark, WD and others took their time off to testify in state senate.

    Immigration Voice in Detroit News

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

    http://www.detnews.com/apps/pbcs.dll...802140325/1008

    "One member of Immigration Voice, a group of foreign-born professionals in the United States, describes how he came to America in 1999 as an international student and was later hired on an H-1B temporary visa. His green card application has been pending for years. He has not visited his home country for five years and recently moved to Michigan from Missouri for work reasons.

    "My Missouri license will expire in days, and I can't get a Michigan driver's license. I can't walk 11 miles to work in this cold weather, since there is no bus service and I can't take time off to go to my home country" to attempt to obtain an "international" driver's license."
    __________________
    MI Chapter testimony in State Senate ( Driving License issue) - http://www.youtube.com/watch?v=lAcgeyjZ3qY





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  • ita
    03-30 11:02 PM
    Kancha Ilaya(Sonia appointed ) is being allowed by the Indian Government to lobby with the UN and US Congress so that caste discrimination in India is taken-up by these bodies. (Indians on their own have come a long way in reducing these caste discrimination but alas these people won't want that dying)It shouldn't be any surprise if we see bunch of International articles on India's disgusting caste issues soon.

    Rahul Gandhi/Govt of India invites British politician to Amethi on poverty tourism.Putting it in their own words they were trying to show this foreign minister real India (meaning 'sinking India not shining India' or may be they were trying to tell this British guy look we have managed to keep the country at the same state you left it , if anything we took it to another low level).Amethi has been a constituency represented by that family for generations in Priyanka's words. Forget about country they didn't do much good to their own constituency .

    This British guy before he left the country said that Mumbai attacks could have happened because India didn't hand over Kashmir to Pak.He also gave a free although unasked advice ,if such future attacks are not to happen India should reconsider it's stance on Kashmir.

    British media was surprised to see that Rahul Gandhi touted as future PM by the party and Indian media with equal excitement didn't want to comment on foreign affairs.Mumbai issue or anything else.

    Now every country has it's share of problems..be it poverty or something else.Can you imagine U.S politician inviting French/German politician to view America's worst and media giving it huge coverage?Just imagine what would happen then.

    Personally I like both Sonia and Rahul, can't doubt their intension of making India better



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  • ragz4u
    02-06 02:07 PM
    I dont think that you HAVE TO file I-140 within 60 days after labor is approved.

    --logiclife.

    I had read when this was proposed last time that if this is implemented, the employer will have 45 days from the date of labor approval to file for the I-140. What this prevents is sale of labors (illegaly obviously). A lot of labors from 2001/2002 were on sale till sometime ago (2005) on Sulekha. If/When this law is implemented, buying a labor will get you ahead of the queue by a max of 45 days instead of the 3/4 years today.





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  • jackrabbit
    03-26 06:45 PM
    No, waiting for OMB clearance.

    And does this mean that this law will definitely change, or is it still possible that vested interests may still keep substition alive?



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  • surabhi
    07-21 05:35 PM
    That seems to be correct interpretation. This makes me dizzy, too good to be true. :D



    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.

    All FB categories are retrogressed. No category is " Current" so that the visas should spill over. ANd the most recent availability is category 2A.( October, 2003)

    Does this mean there are not enough approvable applications. Doesnt sound right to me with 5 years of minimum retrogression and upto 20 years in case of Philippines for FB category 4.

    Still doesnt make much sense to my how even with USCIS ineffeicienes should there be a spillover.





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  • logiclife
    01-23 05:18 PM
    what happens to the people who got their GC's using labor from this guys company? Hopefully they are not affected, it will be sad to see their lives in trouble because of him.

    They will be affected. If you pay cash $20,000 to buy an approved labor, you are breaking that law too, and at the minimum, they would be reapplying for GC again, at the maximum, deportation, for breaking immigration laws.

    In fact, if your immigration case was approved with fraudulent information/documents unbeknownst to you and if you employer was alone in the fraud, even then the approved petition(whether its H1, labor, 140, 485) would be voided by USCIS.

    What is really frustrating is that backlog centers keep approving labors from very early priority dates and these employers keep responding to 45 day letters saying that "Yes" they want to proceed with labor even though the employee would have left a long time ago. And they do it with the intention of either selling it for cash or using it as an incentive to hire a person on a lower-than-market salary. That it is one of the reasons why PDs are not moving forward...all these old old labors are being recycled into the system.

    And this was cybersoftec was in Edison NJ. I wouldnt be surprised if you can find a dozen companies doing this within 1 mile radius of this guy in Edison NJ. No offense meant to NJ or the township of Edison. But boy that place reeks with stinking desi employers.

    The only thing that has stopped since Nick Mandalappa was caught is that they've stopped selling it on sulekha.com. If he hadnt been caught, then these guys would be selling approved labors on eBay by now.





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  • Legal
    07-25 02:37 PM
    Do you guys remember how many visas USCIS processed within the Last few days of June 2007 ( I remember it was around 20k) just to make sure they exhaust the Visa numbers and rollback the Visa Bulletin?

    If it's possible for them to complete as many applications within a short span of time,it means they are capable of processing the applications faster...

    Now due to more hiring they might process all the available visas by the end of the year.

    Not that I'm having hopes of me getting 485 approved based on my PD, but just to put things in perspective....

    We'll see once we hit Aug 1st......

    Baseline average approvals have been 9000+ per month......read this link.

    http://www.ilw.com/articles/2007,0716-lee.shtm

    Details Leaking Out on July Visa Chart Fiasco Show Extraordinary and Legally Questionable Steps by U.S.C.I.S. to Exhaust Visa Numbers to Protect Fee Hike Collections
    by Alan Lee, Esq.
    More details came to light today as the New York Times reported that immigration officials said that employees were put to work both days last weekend at service centers in Texas and Nebraska, and that 25,000 applications were processed in the final 48 hours before Monday's deadline. ]


    This means that given the statutory authority to approve 140,000 numbers per year, the agency in the seven years has averaged 113,901 completed cases per year, or 9,492 approvals per month. ...........

    Department of State could say that sudden backlog reduction efforts by Citizenship and Immigration Services offices during the past month had resulted in the use of almost 60,000 employment numbers constitutes a phenomenon attributable solely to overtime work at the service centers during the last weekend and the cutting of corners on security as seen in the New York Times article.





    grupak
    12-13 03:45 PM
    Then fight for changing that constitutinality. Who made it? Why did they make it the way the made it? Slavery was supported legally way back.. If black community might have thought " They do not have a case" as somebody has created the constitution to suit their own need and "within the framework of that legality" "they do not have a case"... then still we may be seeing slaves around.

    I understand your point that we are not yet "citizens"... but for many fair practices society must not differentiate.

    BharatPremi, as I explained to at0474, I don't see how we can fight a law in a court (maybe we can). If a law is not implemented then we can get justice from the courts.

    For changing the law, we as IV lobby congress and meet lawmakers. This is a different issue from the intent of the OP which was to challenge the legality of country quota. Seems like country quota is within the law.

    I think even as non-citizens we can meet lawmakers and past experience (not IV related) suggest they will listen.





    franklin
    02-13 01:42 PM
    immigration-law.com posted country wise EB visa allocation for the year of 2005. For example, Nepal used only 70 EB3 visas. Whereas country limit is 7%. In that case how EB3 Nepal is retrogressed?

    Can we sue USCIS? Let's discuss.
    In that case, let's hire an attorney.

    There is no such thing as EB3 Nepal, which I'm sure you know. In EB3 ROW, this includes everyone else. I'm sure there are some significant numbers from the UK, Germany, Australian (although they might be separate under E3... not sure), Japan, Tawian.... etc etc the list goes on.

    EB3 ROW doesn't just mean those from tiny countries with tiny populations



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