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  • rameshvaid
    07-14 05:23 PM
    EB3-I..please print the attached word doc and sign and mail it to Department of state..this week

    Moderator could you makes this Sticky please

    Could somebody also post the adderess of USCIS please..



    I mailed letter today..

    RV





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  • Madhuri
    09-30 02:19 PM
    Yes, you are right, the recent 485 denials for people using AC-21 have nothing to do with Obama/Durbin immigtaion policy. But I kind of remember there were some harsh provisions for people using AC 21 in CIR 2007 version. I am trying to find out the details about it.
    Correct me if I am wrong.

    AC21 denial is nothing to do with immigaration policy of Durbin or Obama. It is due to lack of regulations in USCIS or USCIS not efficient to follow the law/rules or bad customer service. This is where we need Obama. Becuase, he is favor of more/stright regulation or more accountability or strong government.





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  • paskal
    07-08 09:15 PM
    paskal..

    seriously thinking about sending an email to Oppenheim, Charles to consider moving the dates in the bulletin liberally so no visas r lost each year..before there is another debacle with the October bulletin..

    maybe he is the right person to hear our misery..but not sure if they even consider our emails and tell us not to teach them what to do..

    Hi,

    thanks for your enthusiasm, i would suggest though - not writing to good old charlie, and focusing instead on your local lawmakers (HR and senators).
    We can make this fiasco a catalyst towards incremental reform of the immigration system. There remains a chance that we could get a bridging amendment before the year is up, to provide some relief at least- maybe recapture of numbers or 485 filing. If you have questions about what to send your lawmaker- or present a a meeting- look up your state chapter or contact iv core members- try sertasheep- send him a pm with your specific request.





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  • unitednations
    03-25 12:35 PM
    Oh, and I think I should elaborate just a little more.

    I am not asking whether the USCIS can or cannot exercise scrutiny on approving 485s where a person, under AC21 provision, switches to a small consulting company.

    Of course they can, the 485 is for a full time job, and whether a job with a small consulting company is of a full time nature or not, is up in the air and they can 'scrutinize' it all they want, if they choose to.

    My question to UN is whether he thinks if they will choose to go after 485 AC21 job switches to small consulting companies like he thinks they will for small consulting company H-1Bs, and not whether they can.

    Thanks again,

    You see on all these ac21 issues we rely on uscis memos. Every one of these memos state pending change to the regulations; we are going to follow the principles of this memo.

    it has been 8 years and they still haven't changed the regulations. Memos can be changed at their whim at any time.

    Currently; uscis position is that if someone ports to another company; they are not supposed to check the ability to pay criteria. However; they left themselvees an out that theey can check the genuineness of the ac21 employer. Becasuse of this last statement; what they have been doing is asking for ac21 employer tax returuns, and quarterly wage reports. If you are already on payroll then size of company doesn't matter. However; if you are not on payrroll and it is a very small company then they can challnge it.

    btw; I am not epecting quota to finish early this year. Many companies/lawyers are very frustrated with h-1b right now. I was talking to education evaluator and he told me that there is litteally no business right now. Companies I know of how filed 70 cases last year are not filing any this year due to a combination of issues (iowa issue, lack of approvals and great demand for tansfers by thos who were laid off or had theirr h-1b's cancelled.

    Right now; newer companies who don't have much experience with h-1b are going into the lions den without knowing there is a lion in there.



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  • diptam
    08-05 02:15 PM
    You are probably talking about a thin % of peoples - this is a lame argument for most of the Eb3 folks who can and want to port to Eb2 legally.

    Let me give you my case. I was eligible for both EB2 and EB3 when my GC labor was filed - my employer filed it in EB3 because the queue is longer and i remain with them for longer duration. I had about 390 days of H clock left so arguing with that employer and finding another one was also not an option because for getting H extension beyond 6 yrs needs the GC labor to be more than 365 days old.

    By the way I've seen the horrors of Labor Sub , I've suffered BEC cold storages for years,now I'm struggling with my Eb3 140 for 15 months at NSC and after all that if i port to EB2 and get my 485 quickly - what Problem you have or what's wrong in that ?

    Good points, but let me put a counter argument. Two people , one is named SunnySurya and the other is named Mr XYZ. Both came to the USA at the same time in 1999. The difference was SunnySurya came here for his masters and the other guy came here through shady means.

    Mr XYZ was able to file his green card in 2002 in EB3 category based on his shady arrangements with his employer, whereas Mr SunnySurya continued to do right and socially acceptable things i.e. studied, got a job and then after several years this big company filled his green card in EB2 category in 2006.

    On the other hand after strugling for several years Mr. XYZ has collected enough years on his resume to be elligible for EB2. Now he want to port his PD

    SunnySurya's PD is 2006 and Mr. XYZ PD is 2002. Now if Mr. XYZ want to stand in EB2 line, I wonder what problems SunnySurya can have???:confused:





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  • sanju
    05-16 09:42 AM
    No this is not correct. If consultancy companies are not there we could find a permanent job. I do not think if H1b is banned for consulting H1b numbers will be reduced so much. H1b rotation will be reduced. But still TCS, Infosys will survive as they have lot of other options like L1 and B1.But US persons will make more money in consulting as there is no restriction for them. So impact is minimal for US companies and also H1B persons. impact will be severe for bodyshoppers. Also current H1b people will not be impacted as most of them will file I 485 as Skil bill be passed. But H1b abuse will be minimised.

    If consultancy companies are not there we could find a permanent job.

    oh really!!! Your argument is exactly the same arguments used by lazy and undeserving members of IEEE-USA who simply want to eliminate their competition from the younger and more dynamic engineers from the other parts of the world. They also think that if H-1B folks will not come they will get all the jobs and their rate will go from $100/hr to $200/hr. You seem to think that Durbin-Grassley bill will create more permanent jobs for you. Why is there such a strange similarity between yours and IEEE-USA's thinking?

    Companies will survive and they are good with that. Let’s worry about our survival rather than the survival of TCS, Infy etc.


    But US persons will make more money in consulting as there is no restriction for them...... impact will be severe for bodyshoppers.

    Again, strangely enough, your views are identical to the views of IEEE-USA. The fact is, "more money" will be there for very small time. And then jobs will be outsourced to the person who would have come here to do the same job. In the final analysis, Durbin-Grassley bill only delays the demand and supply meeting each other for couple of months. But in the new setup, Durbin-Grassley bill is making sure that the job is outsourced for ever. True, before the job is outsourced, there will be "more money" and "more jobs" for small window of time. But then, it will be NO job till eternity. Its like, you can either be satisfied with the golden egg each week or you could choose to kill the hen that gives you the golden egg.

    But H1b abuse will be minimised.
    You will then join a permanent job and whine about someone laughing at you when you pass though the hall-way or not looking at you in the meetings when you are talking. So the bottom line is, there will then be different kind of abuse and exploitation. What will you do then? Maybe you could go to Durbin-Grassley again after a year and ask them to pass another bill to protect us from the "abusive" way someone laughs when you walk though the hall-way. I am sure IEEE-USA will help to promote a bill to protect ALL of us from such an "abuse".



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  • jkays94
    10-03 12:49 PM
    Its a pity when it is obvious through numerous congressional debates who the culprits are in blocking EB friendly legislation. Here we are again with the EB recapture bill and who again is blocking it? The New York times identifies them by name and nowhere does it mention Durbin. Its thus is beyond comprehension when unfounded future claims of doom, apprehension and fear are spread without the basis and contrary to facts presently before us. Instead one needs to be more concerned about the possible reelection of the two below and several of their sidekicks:

    Jeff Sessions (R)
    Steve King (R)

    A House bill that could recapture an estimated 550,000 lost visas, sponsored by Representative Zoe Lofgren, a California Democrat, has been moving slowly through the committee process despite the best efforts of members like Representative Steve King, Republican of Iowa, to sabotage it with ridiculously restrictive amendments.

    In the Senate, Robert Menendez, Democrat of New Jersey, is insisting that a visa-recapturing amendment be added to a bill reauthorizing E-Verify, the federal database program to prevent the hiring of illegal immigrants. For this, he has endured an onslaught of criticism from nativist groups and colleagues, like Jeff Sessions of Alabama. (http://www.nytimes.com/2008/10/03/opinion/03fri2.html?ex=1380772800&en=282e9836144364be&ei=5124&partner=permalink&exprod=permalink)





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  • Macaca
    12-28 07:55 PM
    Dying for data: the Indian activist killed for asking too many questions (http://www.guardian.co.uk/world/2010/dec/27/india-rti-activists-deaths) By Jason Burke | The Guardian

    Shashidhar Mishra was always a curious man. Neighbours in the scruffy industrial town of Baroni, in the northern Indian state of Bihar, called him "kabri lal" or "the news man" because he was always so well informed.

    Late every evening, the 35-year-old street hawker would sit down with his files and scribble notes. In February, the father of four was killed outside his home after a day's work selling pens, sweets and snacks in Baroni's bazaar.

    The killing was swift and professional. The street lights went out, two men on motorbikes drew up and there were muffled shots. Mishra, an enthusiastic RTI activist, as those who systematically use India's right to information law to uncover wrongdoing and official incompetence are known, became the latest in the country's growing list of RTI martyrs.

    The RTI law, introduced by the Congress party-led government in 2005, was a radical piece of legislation giving private citizens the right to demand written answers from India's always opaque and often corrupt bureaucracy and state institutions such as the police and army.

    "It was a total paradigm shift from a regime of secrecy to one of transparency," the law minister, Veerappa Moily, said in an interview in Delhi. "It has changed the entire culture of governance."

    In many ways, the law has been an astonishing success, prompting requests from tens of thousands of often poor, sometimes almost illiterate, always highly motivated citizens. In Bihar, more than 100,000 demands were made last year, 20 times as many as five years ago, said AK Choudry, the chief information commissioner for the state. In India as a whole at least a million RTI requests have now been filed.

    "This act is for the common man of India. Without paying a bribe a poor man can get answers. We have the right to know what is happening in this country," said Afroz Alam Sahil, a student from Bihar who has registered hundreds of requests.

    Yet, with the rule of law weak in much of the country, exercising new rights can mean danger. At least 10 activists have been killed so far this year. All found themselves up against powerful individuals, often in league with local authorities. One uncovered a series of corrupt land deals and thefts of social benefits by officials and was subsequently hacked to death near his home near the city of Pune, Maharashtra state.

    A 55-year-old stallholder was killed after investigating electricity supplies and gambling dens in his home town of Surat in the western state of Gujarat. Two activists investigating fraud in government labour schemes for the poor were killed in the lawless eastern state of Jharkand, while others - including a 47-year-old sugar cane farmer in the central state of Maharashtra and an activist near the southern city of Bengaluru - were killed after investigating land acquisitions by big businessmen.

    In July, Amit Jethava, a pharmacist in Gujarat who had hounded officials about mining endangering Asian lions, spotted deer and wild boar near his village was shot dead. There has since been a lull in the killings, but beatings, intimidations and threats continue.

    Amitabh Thakur, who heads an RTI network in Lucknow, Uttar Pradesh, and is writing a book on the RTI martyrs said that "cases of murder, persecution, prosecution and harassment" are legion. "When you are digging for information there are people who try to hide it from you," he said. "They will do what it takes to keep it hidden."

    The true number of activists killed could be much higher. Frequently, campaigners say, the authorities deny a link between the RTI requests and violence, dismissing incidents as everyday crime.

    Choudry said that no killing linked to RTI had taken place in Bihar and that Mishra's death in February was "not linked to any RTI application". Local police denied Mishra was an activist and said they no longer had possession of the investigation file opened on his death. It contained, his family said, most of the answers he had received to his various RTI requests.

    The dead man had hidden a box of papers at home that suggest the hawker's activism was indeed the reason for his murder. The documents, seen by the Guardian, included receipts for hundreds of different applications for information about local officials, businessmen and even the police themselves.

    Mishra, described by his sister as a "sharp and smart guy", had started demanding information two years before his death. His first target was a local government-run dairy, a big employer, where he suspected animals were being mistreated. His next campaign focused on unlicensed stalls run on public land outside the local railway station. These were eventually demolished.

    Encouraged by his success, Mishra asked for records of land purchases and sales by members of the local council over the last 20 years. In June last year, he began investigating the local market, largely built by local businessmen on government land. A month later, he asked why there was no electricity in the local health clinic. By the end of the year, he had established that many of the contracts awarded to resurface a road through the town were suspect. He spoke darkly to his family of death threats.

    In December and January, Mishra filed a flurry of further information requests, asking for details of the postings of certain policemen and the whereabouts of vehicles the police had recently impounded.

    On 9 February , he requested a list of those contracted to carry out construction of a road in the market. He also demanded the local council's 2009 accounts. The answer � which showed that at least �80,000 had been paid to contractors for work that had never been carried out � arrived in May, three months after his death.

    His killers had used silenced handguns, the mark of professionals. That a power cut plunged the street into darkness for the few minutes they needed to work indicates the involvement of officials, campaigners claim.

    Now his brother Mahdidar is trying to look after four extra children on a family income that has been halved. He told the Guardian he was "desperate".

    "I want justice for my brother, but what can I do? There are many corrupt and powerful. I am just one man."

    Cases of intimidation and violence are "isolated", Moily, the law minister, insisted. "Wherever protection is needed the government provides it."



    'India's history is in two phases, before and after RTI' (http://timesofindia.indiatimes.com/home/opinion/articlelist/articleshow/7180352.cms) Times of India



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  • pitha
    02-21 04:06 PM
    He is not questioned, ridiculed or targeted because he is a nobody. His viewership is not in millions but in hundred thousands. 762,000 to be precise. With such viewership numbers nobody targets him because its not worth it. Even "SpongeBob SquarePants" a carton show on Nickelodeon manages to get higher viewership than Lou Dobbs even though "SpongeBob SquarePants" is targeted at children.

    we are targeting him because he is saying things which are inaccurate if not ludicrous regarding immigration. He is similar to tancredo. Did anybody know there was a xenophobe called tancredo before he started riling against CIR. Lou Dobbs and Tancredo realized they have stuck gold with there diatribe against immigration and they are riding this xenophobic wave for it full worth.



    Wonder why he is not questioned, ridiculed or targetted by other TV standups or show masters. The truth is, Dobbs has a following - people who would like to hear again and again what they want to hear and CNN knows it. Even if he is spilling BS, at some point, repetetion may make it sound like " oh, there is something in what he says" attitude, mainly because of familiarity by that repetetion itself. Maybe he will end up a Congressman or a clown instead, the fact is, he can elicit attention of a few millions -by his talk show and write-ups. From McCain to Romney, Sen. Clinton to Bush, if people see the quick policy/face changes among the politicians and compare with some stray ---- like Dobbs saying (barking) the same thing over and over again, there is a chance that he might end up scoring more in popularity than the president.





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  • rsdang
    08-29 11:00 AM
    A guy calls his buddy, the horse rancher, and says he's sending a friend over to look at a horse.

    His buddy asks, "How will I recognize him?"

    "That's easy; he's a midget with a speech impediment."

    So, the midget shows up, and the guy asks him if he's looking for a male or female horse.
    "A female horth."

    So he shows him a prized filly.

    "Nith lookin horth. Can I thee her eyeth"?

    So the guy picks up the midget and he gives the horse's eyes the once over.

    "Nith eyeth, can I thee her earzth"?

    So he picks the little fella up again, and shows him the horse's ears.

    "Nith earzth, can I see her mouf"?

    The rancher is getting pretty ticked off by this point, but he picks him up again and shows him the horse's mouth.

    "Nice mouf, can I see her twat"?

    Totally mad as fire at this point, the rancher grabs him under his arms and rams the midget's head as far as he can up the horse's fanny, pulls him out and slams him on the ground.

    The midget gets up, sputtering and coughing.
    "Perhapth I should rephrase that.
    Can I thee her wun awound a widdlebit"?



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  • ksvreg
    03-24 02:17 PM
    Dear Sledge_hammer,

    Dont just hammer around. The people who are doing consulting is not doing it out of their choice. It is the economy it forced some of us into consulting (fulltime to the company we work for but work for a client). In 2001, when we came out of school and tech bubble burst, there was no fulltime jobs, we were forced to do consulting. Some of my freinds who graduated in 2000 got into microsoft, oracle, cisco who didnt had damn good GPA. The guys who had 4.0 GPA and graduated a semester later didnt get those offers, coz bubble burst by that time.

    I am forced to tell you that the guys who are doing fulltime jobs working in same technology and same companies and doing same thing everyday are by no means smarter than the consultants who work in different industries, different technologies and enjoy their work. I would challenge the guys to come out and find a job faster than a consultant with same amount of experience.

    Luck By Chance doesnt give them a right to cry foul on consultants everyday....I am really sorry if i hurt anybodys feelings. I was forced by some of our fellow members. You have lot of other things to talk about. Dont blame consultants for your misery. If you are destined to suffer, you will suffer one or other way.

    I would advice all FTE's to be prepared for unexpected twists and turns in bad economy.

    You are right.
    Let us not to pull the legs of each other.
    Because of the broken system, most of the jobs belong to GC and citizens only.
    How GC and citizenship awarded? By virtue of skills? experience? education qualification?
    It was awarded through broken system. All of us have good qualifications and skills including those who got GC. This broken system teasing us.





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  • coopheal
    01-08 01:12 PM
    Anyway, i'll sign off and i won't post any more message in this thread again.
    Please respect your own post and stop posting on this topic.



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  • looivy
    07-13 07:40 PM
    One of the qualifying criteria for EB2 is 5 years of experience. Right????

    If your I-485 application is stuck since July 2003 or prior, you are automatically EB2 by that rule. Are you not? You have been working for 5 years atleast.

    The revised rule should be

    EB2 eligibile = Anybody with experience on labor > 5 years (this would not impact current EB2 folks) or whose labor is older than 5 years (this will make EB3 folks happier).

    Peace.





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  • xyzgc
    12-27 01:29 AM
    great posts by alisa, gcisadawg and abcdgc. I don't agree with alisa but the posts are decent.



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  • rimzhim
    04-09 11:43 AM
    Very true indeed. I am sure you have gone through the full nine yards and understand. Also you will still be an asset no matter what. That is not the case with "consultants".
    Thx for saying that. My boss who is a professor in a research university at least thinks that way, and also believes that I am a leader (FYI riva2005). Frankly, if you are not displacing an American, and there is legal proof of that, there is no reason to worry. Also, mjrajatish: yes, it will be difficult to move in 2 weeks. Same holds for me too because they have to prove that Iam not displacing another American in the new workplace. I see nothing wrong in that.





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  • Raju
    05-24 03:40 PM
    Nothing new. Of course the US needs to bring the bright and the best. Yes, I agree with you the US apparently doesn't have the necessary number of people with advanced degrees in science right now. I never told you to shut down the H1B or decrease the numbers. I am just saying, can people respect the other side and suggest more sensible mechanisms ? Can one understand that an automatic increase of 20% per year can cause hardship to citizens caught in a future and unexpected recession ? That's all I am saying.

    Folks, this is what concerns me. We are all very educated people and we cannot have a decent conversation. Many in this thread gets angry at me. As Lou Dobbs says, that is shocking. :-)

    Have a good one.

    Communique

    Hey do you that if something like that happens then Congress will decrease the numbers automatically



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  • araj_98
    05-25 12:45 PM
    retrogression is there was no unified voice to atleast speak out, when the serious problems that the legal immigrants are facing was anticipated, write about these issues. Now we have one in IV.

    The only problem in what you advocate is this: while each of us is free to speak as we like, that dilutes our focus and produces a gaggle of voices. This results in lack of attention and gradual erosion of the effort. We don't have a full time paid director / administrators to brings things to order. All work here is at IV is voluntary. That's why we need to stop people from promoting Lou Dobbs. Remember, one swallow doen't make a summer.

    Also remember: these channels have (or may have) an hidden agenda. Rather than pure news and opinion disseminating channels, they are jockeying to be a opinion influencing channel. That's where they fail; when they can't convince people (how can you, in a few minutes of news coverage), they confuse poeple.
    http://www.law.yale.edu/outside/html/Public_Affairs/709/yls_article.htm

    February 23, 2006
    Watch Video of Author Tom Friedman's Lecture

    Please note: You will need Quicktime 7 to view this video.

    BTW People who support Lou and his view are as ignorant and xenophobic as he is.

    Communique - Your posts dont suggest that you are an immigrant or even pro-immigrant.





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  • bugmenot
    09-27 07:05 PM
    The immigration issue is controlled by the members of the senate and house, the president has little control over it, Bush has been pro immigration but that wasn't enough for him to get what he wanted, he couldn't even increase the h1b's that he kept publicly talking about.

    I doubt a democratic president would do any better.





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  • TomPlate
    01-06 04:56 PM
    Refugee_New if you calm down the whole thread is going to calm down. Let us calm down and pray for peace.





    sanju
    04-07 11:44 AM
    If H1b quota is increased last 2 years it could have done easily as quota was reached much before the start of year. Without union support same thing is going to happen this year as last year. IV members has to wait years to get gc. They will use H1b as shield to gc reform and no one will get anything. Possiblity is H1b and GC provisions can be passed without much visiblity when CIR is passed. Majority of US people does not want unlimited immigration in any section whether legal or illegal. Opinion polls show that. US people wanted moderate increase in immigration and that is reflected in congress but pro immigrants want unlimited number in legal and illegal. That is the problem

    How do you find H1 quota to be "unlimited"? And how is this bill going to prevent "unlimited numbers" that did not exist in the first place? I thought S.2611 and HR1645 propose to increase H1 quota to 115K, from the existing 65K H1b/yr. Does this increase make H1 quota "unlimited". I am ignorant about it, could you please help me understand.





    anai
    12-24 11:14 AM
    .
    .
    .
    .
    Will the Aryans return the land to Dravidians now?

    If you are talking about Rahul Dravid, I think he already owns a lot of land in various parts of India.



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