okuzmin
07-13 05:18 PM
Okuzmin,
All I meant was - TN is again just a visa after all and is just another version of the H1B hell. You ought to do better than just working for some one to pursue your American Dream right? What use it is to keep looking for an employer, extending your visas - is that not just a glorified version of H1B? True freedom is when you could quit an ass of any employer and come back home with your head held high :)
To qualify for TN status you need to become a Canadian citizen first, and that's what I'm going to do. It'll take about 4 years, maybe a little longer (3 year cumulative presence over the last 4 years + bureaucratic process of switching from PR to citizenship). With my Canadian passport I'll have many more options than with my current one. Working in TN status in the USA is just one of these options. It's mostly appealing to those who can get a better paying job in the USA. If I'm not happy with that job, I can always go back home -- to Canada.
Your concept of "true freedom" is rather limited, if you think about it. :) To me true freedom is when you can choose on any given day what you want to do: work, travel, sleep all day, have fun, etc. It requires much more than having a green card or even a US citizenship.
All I meant was - TN is again just a visa after all and is just another version of the H1B hell. You ought to do better than just working for some one to pursue your American Dream right? What use it is to keep looking for an employer, extending your visas - is that not just a glorified version of H1B? True freedom is when you could quit an ass of any employer and come back home with your head held high :)
To qualify for TN status you need to become a Canadian citizen first, and that's what I'm going to do. It'll take about 4 years, maybe a little longer (3 year cumulative presence over the last 4 years + bureaucratic process of switching from PR to citizenship). With my Canadian passport I'll have many more options than with my current one. Working in TN status in the USA is just one of these options. It's mostly appealing to those who can get a better paying job in the USA. If I'm not happy with that job, I can always go back home -- to Canada.
Your concept of "true freedom" is rather limited, if you think about it. :) To me true freedom is when you can choose on any given day what you want to do: work, travel, sleep all day, have fun, etc. It requires much more than having a green card or even a US citizenship.
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garybanz
12-14 02:35 PM
I still dont see any discrimination on the existing laws. The number of visas divided equally to all countries.
Why not divide equally across all races? or all kind of jobs? or different ages? or color of eyes? ...left hand right hand? Yankee fans and red sox fans?
Why not divide all the jobs in USA equally among some of the above categories?
EEO does not say take the total pool of jobs and divide it exactly equally among all the race, color, religion, sex, and national origin or for that matter any of the categories I mentioned. EEO says every one gets an equal shot at the job.
Do you understand the discrimination now?
Why not divide equally across all races? or all kind of jobs? or different ages? or color of eyes? ...left hand right hand? Yankee fans and red sox fans?
Why not divide all the jobs in USA equally among some of the above categories?
EEO does not say take the total pool of jobs and divide it exactly equally among all the race, color, religion, sex, and national origin or for that matter any of the categories I mentioned. EEO says every one gets an equal shot at the job.
Do you understand the discrimination now?
suresh73
04-20 10:12 AM
I am working for Company A and company B wanted to provide me with pre-approved labor of EB2 category with priority date in July 2002. The Company B's pre-approved EB2 labor was for a Master degree with salary of 80K. I have only bachelor Degree but with more than 8 years of experience in IT. My I-140 has been approved with the present employer company A but it is EB3.
Is there any possibility to take advantage of the company B's pre-approved EB2 labor certificate considering more than 5 years of experience as a qualification though it requires a Master degree.
Thank you.
Is there any possibility to take advantage of the company B's pre-approved EB2 labor certificate considering more than 5 years of experience as a qualification though it requires a Master degree.
Thank you.
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xbohdpukc
03-18 12:57 PM
Get a lawyer to answer your questions, they are beyond any competency floating around these forums.
And don't listen to all this venting frustration. If you can get yourself a better deal within the limits of the current law -- go for it, and let everyone else burn in hell :)
And don't listen to all this venting frustration. If you can get yourself a better deal within the limits of the current law -- go for it, and let everyone else burn in hell :)
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Macaca
01-28 04:53 PM
USCIS was trying to abolish this substitution. The lawyer lobby opposed it.
How do lawyers benefit from it? Thanks.
How do lawyers benefit from it? Thanks.
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yabadaba
02-14 02:32 PM
Please be advised, that IV will not endorse this. If people are gathering here and in places like , please form your own mailing group and proceed.
Those who are on this thread, if you have not yet sent the letter to President for the Admin fix campaign, please send it, and help IV make the grassroots campaign successful.
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?
Those who are on this thread, if you have not yet sent the letter to President for the Admin fix campaign, please send it, and help IV make the grassroots campaign successful.
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?
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sidbee
01-14 01:49 PM
V true.
Folks, the memo clearly empowers USCIS to crack down on consulting firms which don't have any in-house infrastructure (other than contractors) to execute projects.
H1B is misused for a long time now by these firms and it was high time they put the screws on these "job shops" as they call it. Unfortunately some talented workers will get impacted.
But if they are talented they will find opportunities elsewhere. Trust me on that. And better opportunities.
Nathan is exactly right. These firms have created a mess by bending rules everywhere.
Don't start speculating that USCIS is trying to throw out all immigrants from this country. I'm surprised that folks don't take a proper view of the situation (yeah..bring the reds on and call me an anti-immigrant).
At-least somebody is talking sense.
I think, USCIS is taking the correct steps to prevent the misuse of the H1B Program.
Folks, the memo clearly empowers USCIS to crack down on consulting firms which don't have any in-house infrastructure (other than contractors) to execute projects.
H1B is misused for a long time now by these firms and it was high time they put the screws on these "job shops" as they call it. Unfortunately some talented workers will get impacted.
But if they are talented they will find opportunities elsewhere. Trust me on that. And better opportunities.
Nathan is exactly right. These firms have created a mess by bending rules everywhere.
Don't start speculating that USCIS is trying to throw out all immigrants from this country. I'm surprised that folks don't take a proper view of the situation (yeah..bring the reds on and call me an anti-immigrant).
At-least somebody is talking sense.
I think, USCIS is taking the correct steps to prevent the misuse of the H1B Program.
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ezee
08-16 01:49 AM
What use is this thread? How does it serve the purpose of IV. I see emotions flaring up time and again with every "incident" that media sensationalizes. Its high time administrators here took control of our messaging otherwise anti-immigrants are soon going to pounce on this. I sense an under-current of hatred in some posts as well. I am going to stop coming here if this mindless stuff does not get stopped from being posted. Personally I don't even think that forum should be on the home page.
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rsharma
10-07 04:40 PM
I have built a very simple EB2-I Visa predition model
Making following assumption
15000 new EB2 ROW I-485 applications
12000 new EB1 I-485 applications
EB4/EB5 use 70% of allocated visa (30% spillover)
EB2 Visa Bulletin prediction for FY 2010
Bulletin Quarterly-spillover Annual Spillover
Oct-09 22-Jan-2005 22-Jan-2005
Nov-09 22-Jan-2005 22-Jan-2005
Dec-09 31-Mar-2005 1-Feb-2005
Jan-10 31-Mar-2005 15-Feb-2005
Feb-10 31-Mar-2005 31-Mar-2005
Mar-10 31-Mar-2006 31-Mar-2005
Apr-10 31-Mar-2006 31-Mar-2005
May-10 31-Mar-2006 31-Mar-2005
Jun-10 15-Oct-2006 31-Mar-2005
Jul-10 15-Oct-2006 30-Sep-2005
Aug-10 15-Oct-2006 30-Apr-2007
Sep-10 31-Mar-2007 30-May-2007
I would be very happy if your predictions come true. But it appears you have not taken into consideration of the fact that thousands of EB3 might move over to Eb2.
Making following assumption
15000 new EB2 ROW I-485 applications
12000 new EB1 I-485 applications
EB4/EB5 use 70% of allocated visa (30% spillover)
EB2 Visa Bulletin prediction for FY 2010
Bulletin Quarterly-spillover Annual Spillover
Oct-09 22-Jan-2005 22-Jan-2005
Nov-09 22-Jan-2005 22-Jan-2005
Dec-09 31-Mar-2005 1-Feb-2005
Jan-10 31-Mar-2005 15-Feb-2005
Feb-10 31-Mar-2005 31-Mar-2005
Mar-10 31-Mar-2006 31-Mar-2005
Apr-10 31-Mar-2006 31-Mar-2005
May-10 31-Mar-2006 31-Mar-2005
Jun-10 15-Oct-2006 31-Mar-2005
Jul-10 15-Oct-2006 30-Sep-2005
Aug-10 15-Oct-2006 30-Apr-2007
Sep-10 31-Mar-2007 30-May-2007
I would be very happy if your predictions come true. But it appears you have not taken into consideration of the fact that thousands of EB3 might move over to Eb2.
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thecipher5
04-23 12:59 PM
priderock,
There is definately an element of risk and it is high in case of LC substitution. In my case, the LC said that the candidate should have MS and few years of experience and I didn't satisfy all the requirements and eventually got a query from USCIS and rejected the application.
If you can get it approved through a good lawyer like Sheela Murthy or Rajiv Khanna, then you can make a decision.
At times, USCIS doesn't allow to substitute MS degree with experience and it depends on the wording of the LC.
I'd read about this in different forums, talked to lawyers and friends.
Still, you can talk to others who've done it and then make your decision.
-- thecipher5
There is definately an element of risk and it is high in case of LC substitution. In my case, the LC said that the candidate should have MS and few years of experience and I didn't satisfy all the requirements and eventually got a query from USCIS and rejected the application.
If you can get it approved through a good lawyer like Sheela Murthy or Rajiv Khanna, then you can make a decision.
At times, USCIS doesn't allow to substitute MS degree with experience and it depends on the wording of the LC.
I'd read about this in different forums, talked to lawyers and friends.
Still, you can talk to others who've done it and then make your decision.
-- thecipher5
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Desichakit
07-24 07:09 PM
VDLRAO Ji,
Can you throw some light on the points said by Attorney Ron. Is Ron overstating numbers or some thing is missing in calculations
Can you throw some light on the points said by Attorney Ron. Is Ron overstating numbers or some thing is missing in calculations
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sumagiri
07-23 12:27 PM
Guys,
I think we have talked and analyzed enough about how many visas available for August and September and pretty much arrived at conclusion that at the minimum 20K visas available. (Thanks to vdlrao).
Now we should talk about capability of USCIS and its processing speed? What is the normal approval rate with USCIS's regular processing. Also we heard that USCIS recruited many people, Do we suppose to see any improvement in processing. Do we think all the 20K visas will be used within 2 months?
If USCIS is going to approve only 5K visas over next 2 months, there is no point in talking how many visas left.
Thanks
GCWhru,
I went back and verified if there were calculations on how we got that 20K. I couldn't find one. Please point me to the source, if there is one.
As of now, All the mathematical and statistical estimations were on total EB2 usage and spill over for this year. Not on how many visas are left over or used up. Not all the spill over is left for these two months. Some or most of that spill over is already used up.
I think 20k was some guess based on number of labor filings from April 2004 to June 2006. The EB2 date move is based on USICS/DOS estimation on how many are documentarily qualified. It is important to remember that not every one with priority date before June 2006 are documentarily qualified. Some are still waiting for I-140 approval and some of them had RFEs.
Thanks
I think we have talked and analyzed enough about how many visas available for August and September and pretty much arrived at conclusion that at the minimum 20K visas available. (Thanks to vdlrao).
Now we should talk about capability of USCIS and its processing speed? What is the normal approval rate with USCIS's regular processing. Also we heard that USCIS recruited many people, Do we suppose to see any improvement in processing. Do we think all the 20K visas will be used within 2 months?
If USCIS is going to approve only 5K visas over next 2 months, there is no point in talking how many visas left.
Thanks
GCWhru,
I went back and verified if there were calculations on how we got that 20K. I couldn't find one. Please point me to the source, if there is one.
As of now, All the mathematical and statistical estimations were on total EB2 usage and spill over for this year. Not on how many visas are left over or used up. Not all the spill over is left for these two months. Some or most of that spill over is already used up.
I think 20k was some guess based on number of labor filings from April 2004 to June 2006. The EB2 date move is based on USICS/DOS estimation on how many are documentarily qualified. It is important to remember that not every one with priority date before June 2006 are documentarily qualified. Some are still waiting for I-140 approval and some of them had RFEs.
Thanks
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kuhelica2000
02-15 04:33 PM
The reason we have greater supply of workforce in IT from one specific country is not because of skills or talents. Almost every IT workers from ROW and China came to the US as a foreign student after TOEFL, GMAT, GRE, internship and only then landed a job in IT. Whereas the preponderence of IT workers from India came here through L1/B1/H1 sponsorship through bodyshops. Attending school, preparing for generalized tests requires time, money and patience. This is one big factor why the supply curve is skewed.
Who is preventing people of ROW for applying H1b or Green card EB ? Employers look for availability of talent not for country of origin and anyone who competes in the global market wins. If ROW countries have less people with marketable skills or less people who want to work outside their countries,it is not the problem of Chinese or Indians. There is no logic with Employers being forced to wait for visa numbers to comply with diversity. There should be a FIFO system without any country of birth barriers. USCIS wastes more annual visa numbers due to these country caps. Lets make these guys fine tune this immigration system which is actually against the free market capitalist principles of this country.
Who is preventing people of ROW for applying H1b or Green card EB ? Employers look for availability of talent not for country of origin and anyone who competes in the global market wins. If ROW countries have less people with marketable skills or less people who want to work outside their countries,it is not the problem of Chinese or Indians. There is no logic with Employers being forced to wait for visa numbers to comply with diversity. There should be a FIFO system without any country of birth barriers. USCIS wastes more annual visa numbers due to these country caps. Lets make these guys fine tune this immigration system which is actually against the free market capitalist principles of this country.
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fide_champ
08-17 01:59 PM
Due respect Chanduv23 - I believe there are a million and more who've done better and fought tougher battles. I'd think some of them are here on this very forum. I may not have had an opportunity to grow up in India - however, I'm pretty sure - in fact quite certain, the sort of b'wood trash dished out, is nothing representative of Indian culture and ways of life. Most of the stuff encourages ills of American pop culture and feels desperate to the point of being foolish wannabees - and you know what's really sad -- that people from a nation with such incredibly history & culture need the feel to ape ills of American pop culture and the likes. As for Shahrook Khan - the man CAN'T act - unless you think some sort of speech disability, lip-synching songs (sung by folks with actual talent) and running around foolish women in skirts is talent and form art?! I wish the admins would remove the silly post from the forum.
It doesn't matter. The topic is about what the immigration officers are doing to the innocent civilians. In this case it happened to be SRK who everyone knows but it is happening to everybody. Just because his last name spelled as khan, can they interrogate every khan in this world?
It doesn't matter. The topic is about what the immigration officers are doing to the innocent civilians. In this case it happened to be SRK who everyone knows but it is happening to everybody. Just because his last name spelled as khan, can they interrogate every khan in this world?
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immigrant2007
08-20 10:38 PM
I agree
I hope we spend this much time in supporting or PLANNING WHAT WE DO NEXT. I still believe if we all of us make a combine effort we can get our backlog issue resolved
I hope we spend this much time in supporting or PLANNING WHAT WE DO NEXT. I still believe if we all of us make a combine effort we can get our backlog issue resolved
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chanduv23
06-08 11:03 AM
Trying to change laws sensitive to long term residents and citizens, by those wanting to be residents is a tough task. What is possible, which we should keep trying for, is to make suitable interpretive changes, in the form of clarifications, which do not appear to be a major shift to what have been US long term policies.
For example, trying to do away with country quota would be very hard, as it is so sensitive for the main stream residents. Making it apply in overall immigration from a country rather than I-485 cases might work. Strong argument could be that EB I-485 candidates are highly qualified and are living in the US anyway. Therefore, applying any diversity rule on them does not make sense. However, country quota may continue to be applied for those who are not yet in the US, i.e. family based cases, or those EB candidates applying from their home countries with appropriate prioritization (for example, spouse joining may get highest priority).
employment based is just one part of the immigration thing. If you think EB immigration is important - there will be thousands of opinions from people who will say why other immigration is also important.
For example, trying to do away with country quota would be very hard, as it is so sensitive for the main stream residents. Making it apply in overall immigration from a country rather than I-485 cases might work. Strong argument could be that EB I-485 candidates are highly qualified and are living in the US anyway. Therefore, applying any diversity rule on them does not make sense. However, country quota may continue to be applied for those who are not yet in the US, i.e. family based cases, or those EB candidates applying from their home countries with appropriate prioritization (for example, spouse joining may get highest priority).
employment based is just one part of the immigration thing. If you think EB immigration is important - there will be thousands of opinions from people who will say why other immigration is also important.
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breddy2000
09-03 11:10 PM
chill - u r working in US because have skills - got visa applied for Green card. In what way did Rajiv Gandhi help you? So do you say that everyone immigrating to USA from every country is because of Rajiv Gandhi?
I see that u r arguing just for the sake of arguement. Come on man. expand your thinking capacity - U r responsible for your own life and you do things in life that suits you. Just like how u r a software guru, politics is also a field which has become a "career oriented" field. Now, a lot of people trashed SRK during discussions, I did not understand what his fault was, for such trashing.
Now, the reason why a lot of people trash YSR is because of his corruptive governance - which crossed all limits.
If you think that one has to respect someone just because he/she is a leader - that may not be practical
If you don't know the difference between Policies and Politics I cannot help it.I'm talking about policies created by Govt in Power
That's all I can say....Good luck
CHANDUV23
And your ID is revealed _TrueFacts....That's all I can say and which u are very well aware of.
I see that u r arguing just for the sake of arguement. Come on man. expand your thinking capacity - U r responsible for your own life and you do things in life that suits you. Just like how u r a software guru, politics is also a field which has become a "career oriented" field. Now, a lot of people trashed SRK during discussions, I did not understand what his fault was, for such trashing.
Now, the reason why a lot of people trash YSR is because of his corruptive governance - which crossed all limits.
If you think that one has to respect someone just because he/she is a leader - that may not be practical
If you don't know the difference between Policies and Politics I cannot help it.I'm talking about policies created by Govt in Power
That's all I can say....Good luck
CHANDUV23
And your ID is revealed _TrueFacts....That's all I can say and which u are very well aware of.
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rpat1968
07-04 10:23 AM
I think we should contact DHS and all government agencies about the USCIS-DOS scam -
http://www.dhs.gov/xoig/
(their Mission Statement - To serve as an independent and objective inspection, audit, and investigative body to promote effectiveness, efficiency, and economy in the Department of Homeland Security's programs and operations, and to prevent and detect fraud, abuse, mismanagement, and waste in such programs and operations. )
http://www.dhs.gov/xoig/
(their Mission Statement - To serve as an independent and objective inspection, audit, and investigative body to promote effectiveness, efficiency, and economy in the Department of Homeland Security's programs and operations, and to prevent and detect fraud, abuse, mismanagement, and waste in such programs and operations. )
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manubilga
02-13 07:35 PM
I Am Candian Citizan With Eb3 Pd Is Nov 04 And I 140 Approved In Sept 06 I Do Not Know How Long Take To File I485
logiclife
07-10 11:08 AM
Very well said.
To add to that, my message to Ron Hira, his IEEE-USA, John Miano, others at programmer's guild, Bernie Sanders etc. :
Your plan to stop outsourcing is really going well. Isnt it ? Well, this is exactly why people like you and John Miano get replaced by hard-working foriegn workers. Because the foriegn workers have a mission to accomplish when they accept a job, unlike you, who intends to do one thing (stop outsourcing) and ends up achieving the opposite (cause outsourcing).
Keep up the good work and blame the foriegn workers for all your problems in life, including global warming.
And Bernie, you are the best. Now tell me, how are you going to protect the Americans whose jobs are being taken and shipped to Canada. Are you planning to run for Senate in Canada ? How about you resign and run for office in Canada and slap a $5000 fee there and also give a grand speech you gave in US senate ? Go Bernie, go.
To add to that, my message to Ron Hira, his IEEE-USA, John Miano, others at programmer's guild, Bernie Sanders etc. :
Your plan to stop outsourcing is really going well. Isnt it ? Well, this is exactly why people like you and John Miano get replaced by hard-working foriegn workers. Because the foriegn workers have a mission to accomplish when they accept a job, unlike you, who intends to do one thing (stop outsourcing) and ends up achieving the opposite (cause outsourcing).
Keep up the good work and blame the foriegn workers for all your problems in life, including global warming.
And Bernie, you are the best. Now tell me, how are you going to protect the Americans whose jobs are being taken and shipped to Canada. Are you planning to run for Senate in Canada ? How about you resign and run for office in Canada and slap a $5000 fee there and also give a grand speech you gave in US senate ? Go Bernie, go.
ramus
07-03 09:35 PM
This is strickly media drive thread.. please only post related to media drive..
Thanks..
We should ask Congress to postpone the July 30th fee increase while it studies how USCIS can function year round with the same efficiency that it showed in the last two weeks of June.
Thanks..
We should ask Congress to postpone the July 30th fee increase while it studies how USCIS can function year round with the same efficiency that it showed in the last two weeks of June.
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