Wednesday, June 29, 2011

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  • lahiribaba
    06-18 01:44 AM
    if you are doing a desk job and you beleive that it cannot be outsourced you are kidding yourself.. it is only a matter of time. With Cisco telepresence soon they would be able to even have the person sitting in bangalore occupy a cube down the aisle in a office in manhattan.





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  • Lasantha
    02-13 11:19 AM
    There's no POW at least where this topic is concerned. Somebody said that as a joke. ROW of course as Chintu said is Rest Of the World

    What is ROW and POW, please? I have seen both used in several posts (I am hoping POW is not Prisoner of War:)) Still learning the immigration lingo!





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  • Lasantha
    12-14 04:20 PM
    Well said !!!

    I know what I am about to say will trigger a lot of reaction and some resentment, but it has to be said on behalf of those who are not Indian. I think the per country limit is to ensure that people of all nationalities and races have an equal opportunity to obtain a green card and to ensure that no one nationality, group, or even sector (i.e. IT) monopolizes the so few visas that are available. In fact, in the visa lottery, countries become excluded when the number of immigrants from them reach a certain point, so we are lucky they do not do that in the Employment-based system!

    I think that by wanting to remove the per country limit so more Indians can avail of the green card quota is both asking for "special treatment" and a slap in the face for all the non-Indian IV members. The more I read the threads on this site, the more I feel that this organization is geared just to one ethnic group. I am sure that Indians probably make up the majority of members, but the founders of IV (I hope) did not want this organization to become one-sided! Please be considerate of ALL members and try to come up with suggestions that would benefit ALL members!!!:mad:





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  • bestia
    02-14 06:40 PM
    Circus123 & Bestia thanks 4 the quik answers to my first post on this site; By now I just read & learned a lot from this site about GC process.Now it's time to take action because we have a PD current.
    I just wanna be sure about the dates 'cause I cannot rely on my layer 100% because last year he insisted on completing our files 4 GC but he "forgot" 2 mention that our PD is nou current yet!!!
    We'll send the cheques tomorrow!
    I can hardly wait to get my EAD so I can apply 4 a decent job!!!!!!
    Any idea if it takes longer than 90 days?
    thanx all of U 4 your answers.

    Dyana,

    I would suggest using your own checks for I-485. This way, once USCIS will cash your checks, and if you have online banking - you will see the receipt numbers on the back of the checks. This way you will be able to see your application status right away. It was very critical (at least for me) during June/July tsunami of applications, as I received the actual receipt pretty late.

    Also, don't count on that EAD, it will be safe to invoke AC21 only after 180 days and having approved I-140. You have good chance to have your AOS adjudicated. In this case you will have to stay with your current employer for at least another 6 months. If you will leave before 180 days and your GC will be approved, then AC21 will not apply and your GC will be revoked.

    I also learned a lot on IV :)



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  • ocpmachine
    09-15 10:43 AM
    This thread is getting very interesting with all the logical calculations and predictions, thanks OP.

    One aspect that was missed in the discussions so far is, during Aug-Sep'08 many folks with 2005/06 PD's got their GC, USCIS picked these cases on random and not sure how many with 2005/06 PD's were approved but it a sizeable number, so this reduces the pending numbers for 2005/06 PD cases as well. I am predicting by Sep'10 we should see all of 2006 PD's cleared up.

    -Cheers





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  • eeezzz
    07-30 11:26 AM
    this makes no sense (with all due respect to Mr Gotcher). He basically claims that PD has been moved to allow CP cases to be processed faster to avoid visa number wastage.. However he also says that there is a huge backlog of AOS cases. Looking at how many CP cases are being called for interview in mumbai and delhi (low hundreds) I dont see how CP alone can help avoid a big wastage of visas. If USCIS is still 20k short, then its the massive pile of AOS cases they should be using, just like they did last year.
    Several things to consider.
    1. Is it really 20k left for this year.
    2. Are there more EB2 RoW applicants filed I-485 for the last few months.
    3. You have number from India CP, do you have number from China CP.



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  • qplearn
    10-04 10:37 AM
    Desi companies are to blame but not always.

    This is a common practice in big companies. Guess which companies have got the most number of LC's to substitute. It is some of the big software and consulting firms. Myself being a part of one such company have seen a lot of my co-workers use it to get their GC. I will admit though that in big companies it is used after one of the following has happened:

    1> You have been stuck in LC stage for a long time.
    2> The initial original LC got messed up due to lawyer or company negligence.
    3> The I-140 stage got messed up due to lawyer or company negligence.
    4> You are an old employee but did not somehow start your GC process till you only had a year or less remaining on your H-1.


    Unfortunately for me, none of the above has happened so the company will not use LC substitution for me. But it is a common practice.

    Many big companies (I am not referring to desi companies here) use it when they fire a guy for whom they have an approved labor cert. This is the commonest scenario. Until sub labor is banned, and there is no certainty that it will be, we will have to live with this menace.

    A person I know was so delighted when his colleague was fired because he got to use his LC; they were doing a very similar job. I am talking about a very large firm in Dallas.





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  • snathan
    01-13 06:12 PM
    Interesting. I think there would probably be around maybe half a million or so H1Bs currently in the US, probably more , working in the IT industry. Many if not most would work for these consulting companies; ranging from the large one's like Accenture or TCS to the grocery store offices in NJ. All of them have the potential to be affected if this memo is strictly enforced.

    While I would be glad if all the shady consultancy firms that have wrecked the H1B program to be put out of business; there might be serious disruptions in the IT industry if hundreds of thousands of workers are going to be forced out; even if in a phased manner; i.e. letting folks stay till their current visas expire.

    Consulting companies are just the tip of the ice burg. They should really target infy, wipro, TCS like companies. They are the one truly exploiting the sytem to the fullest. They do not sponsor GC, do not pay the good salary or any benefit to the employee. I also dont see the share holders are rewared. God knows where all the profits are going. (which holes are getting filled)?



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  • bobby
    07-04 11:39 AM
    "The US govt. does a number on High Skilled Immigrants"

    http://immigrationvoice.org/forum/showthread.php?t=5994&page=9

    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"





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  • PlainSpeak
    01-14 03:54 PM
    PlainSpeak, go check my posts - I have only addressed your eb discussion issue, and nothing else. (If you decide to answer this post, multi-quote all my posts on this thread - lets see where I have abused you! - I have 4 posts of which one is a repeat)

    If you had thought for a moment and seen that my previous posts got posted twice - you would have realized something amiss, or if you saw my last post you would have realized that it was not edited to remove anything! However, to you everything seems to be "out to get you" mode, and you talk of not attacking personally, and yet here you are!

    Refrain from dragging parents and spouses (which country/era do you think I am living in to have spouses?) into this. If you call for civility, then you got to be civil first!

    I don't know whether you are wasting your time, but I definitely am!

    BTW, if you do not want to go ahead to share the details of making your plans work, in spite of some members asking, what is the point in your continued answers?
    my friend willegtgc i am making an effort to be civil (and you go to be understanding about this). If i am talking in the context of everyone is about to get me that is because i have got so many abuses from 360 degress that it is hard to remember who was nice and non abusive and who was not

    And yes that was spouse not spouses (I am sorry about that spelling mistake) but you did post a message which was a . which was in relation to another members query about whether i am a man/women or something else. Now a . is called a Point which is also a degrotary reference to a person who is neither a man or a women. Now please do not deny it because there is no way you can fight that accusation off. I think if i dig deep down i wil come across other abuses made by you but i regress from the point

    Ok i have officialy got carpel tunnel syndrome.

    If you think you are wasting your time please stop responding to this post. I am up to my neck trying to reply back to you everytime. This is so simple why can you not do it. Do not reply anymore to this post anymore and atleast youwil have a good night sleep

    And do not even think of asking me about my plan. Where the heck do i have the time to write out anything concrete with people like you dissing me from every side. Now some one out here has asked me something similar and when i get time off from people like you (Yes YOU) i will get a chance to work on it and post it next.

    May be this week end will be a very interesting time for a discussion or maybe not. So take my advise my friend.

    If you get what i am saying i woul suggest there be no more posts from you, because beleive me i wil ignore your post. If you have some free time i would suggest you take some time and try to get my negetive count down. It is right now 4000.

    You (Everyone at IV) keep asking new members to beleive in what they are doing and make an effort without looking at the result right? You keep asking me what i did till now for IV. Ok now here is your chance. Think about it.

    PlainSpeak giving and impression of what willegtgc should be thinking instead
    Maybe Maybe Maybe this person was handled in a wrong way. Maybe if i show some kind of respect for the idea and for the person maybe it will make this persons day because maybe this person was speaking sense and maybe this person has the guts to follow up on what was said if given a chance to write something concerete, so maybe i willgetgc will give him a chance...



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  • dealsnet
    09-03 03:03 PM
    Most of the Indian politicians are Illiterate. This guy is a medical doctor by profession.
    Loved by poor people. Hated by the fundamentalists and Naxals. Most of the AP politicians are corrupt including former PM P.V. N RAO.

    I AM NOT FROM AP. ALL I KNOW FROM READING ONLINE FROM THE LAST 2 DAYS.

    SEE THE LINK 14 PEOPLE DIE OF SHOCK.
    14 die of YSR shock in Andhra - India - NEWS - The Times of India (http://timesofindia.indiatimes.com/news/india/14-die-of-YSR-shock-in-Andhra/articleshow/4969157.cms)

    USA, UK CONDOLE YSR DEATH.
    US, France, UK condole Reddy's death - India - NEWS - The Times of India (http://timesofindia.indiatimes.com/news/india/US-France-UK-condole-Reddys-death/articleshow/4969149.cms)
    Folks whose views "Very sad news...May his soul rest and peace." for indian politicians are stupid and ediot. Not a single indian politician is admirable except Atalji.

    about YSR, who violated Indian constitute being secular by promoting one religion(everyone knows) . Under his government, Whose life is improved? Any farmers, middle class folks , poor are same as before? No.

    So, dont write Sorry , sad news, his soul rest and peace on this board, otheriwse, someone like me freak out and reply.





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  • n2b
    09-23 11:18 AM
    Let me slice & dice your thought!

    this is totally lame idea!Why, do you have any brighter idea than this? Until you have one at least this is something to act upon! Though, if you have an idea please post, majority of people on this forum are good listeners and executioners unlike you maybe.
    immigration policy is a social and an economic issue..not just economics..At least we are putting something on the table that can take care of one issue in your opinion i.e. the economic issue, pls let the social issue aside at least the way you are putting it, it sounds more like a racist issue!!!
    They dont want too many ppl from one country ..that is the reason for 7% quota...why cant you digest that fact...How many times have other members mentioned to folks like you that the people you are talking about are already in this country, unlike you I do not see why would there be any concern around having too many ppl from one country? It seems like only you seem to be scared of a different breed around you!
    we can fight injustice if we feel we are being treated in an unfair manner..is this justice to restrict EB categories by country limits and not having such limit for H1Bs or L1s? Why not have same policies across the board if it's right? You might think this is justice because of your racial thoughts!
    but this carrot-and stick approach will back fire...I can partially agree to this...we have to make sure this approach does not back fire!

    i know many who have bought homes even when they were on H1...In which case you would also know many who haven't bought homes because they are unsure about their greencards! (ps - I am house owner so this one don't really matter to me but I am all up for it.)
    you must be really creative to link EB GC and purchasing a house!You are right, the reason we fall in to the EB categories is because of our creativity! why do you fall into EB category anyways?



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  • amitga
    02-15 06:08 PM
    What happend when a law contradicts another law. There is a law which says slavery in unlawful and 'employment at will' is the right of every person on US Soil.

    Now another law is that to limit the number of visa which is causing the voilation of above mentioed law. USCIS is follwing the law of visa numbers. In the process the other laws are being voilated. Somebody should be liable for that.





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  • Subst_labor
    03-16 01:21 PM
    Verify with another lawyer also, basically your experience starts only after you graduate (after getting your degree and not after finishing college ie say you completed ur degree in may 2000 and recieved your degree in Dec 2000, your experience prior to Dec 2000 may not count)

    Do verify this with a good lawyer.

    yeah, i know this thing is dicey! thanks for your advice, need to look for another lawyer now..



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  • eb2_mumbai
    09-17 08:51 AM
    There are 2.5 EB2-I application per EB2-C application. And EB2 China had cutoff dates of early 2005 in 2009 (they did not enjoy too much spillover in 2009). So my guess it that China will use its 3k annual limit + spillover numbers (depending on how much EB2-C dates move). The spillover would be split 25% china and 75% India.

    Do you have any data to back your claim? I beleive there are more EB2 China numbers than India. I remember seeing some data a while back where Indian EB2 & Eb3 ratio was close to 50% where as China it was 80% EB2 to 20% EB3. Which makes me think there are more EB2 china than india.





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  • hydubadi
    07-26 12:20 AM
    Hello Sir,
    I am in a process of getting name change for my wife on pending I485. This is because her first name is given as 'No Name Given' by USCIS on the I485 file, EAD and A.P. As she did not have first name in passport.

    We recently got her name change on passport by adding my(husbands name) as SURNAME. Now we want to refelect this change on EAD and 485.

    Sir, can you please let me know the process of amendment to get name change on the file. What applicaton do I need to fill, and what documents should i send with the form. Can I do it on my own or do i have to go thru a lawyer.

    Your answer is highly appriciated.

    Thanks,
    hydubadi



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  • BharatPremi
    10-23 04:19 PM
    You have hit the nail right on the head. They issued 225000 H1b's between the years and 2000 and 2002 but the GC quota remained the same. Also, there is no quota for H1 (large # goes to India/Chine) but there is a quota for GC.

    The idea is they want to control it so that only a third of the ppl who come on H1 end up getting a GC. They make the GC process hard one way or the other. Either you get stuck in the labor queue or in the retrogression queue. The average time to get has always been 4 years. Some ppl get lucky and get it in less than 3 and some get unluck and spend over 5 years trying to get it!

    Ultimately the question for everyone is how long are you willing to put your life on hold? If you wait long enough you will get it. They seldom reject cases (unless it was a fraudulent case).

    Here are my thoughts not legal advise:
    -------------------------------------

    One way: Wait in US for 9 years to get GC by sticking to one company,
    exploited with less salary, No promotion
    Second Way: 1) Wait for GC in USA for 3-4 years meanwhile get Canadian PR
    2) Go to Canada as a PR for 3 years - Become citizen - "Tell
    your wife" to establish company A in Canada and Company B
    in USA - Have advantage of NAFTA
    3) Come to USA via Company B on TN visa and tell your
    employer Company B to file GC for you and now do not care
    whatever years US GC takes.. As long as "Company B" has
    business and you are working get TN renewals.





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  • El_Guapo
    01-14 10:19 AM
    The right to control the beneficiary is different from actual control. An employer may have the right to control the beneficiary's job-related duties and yet not excercise actual control over each function performed by that beneficiary. The employer-employee relationship hinges on the right to control the beneficiary.

    Don't all companies have the right to control the beneficiary? For instance, a sponsoring company has every right to determine if an employee shall be placed on a project billed at $50/hr or if they seek another project/client with a higher billing rate. Similarly, the employer has every right to determine if the employee will be placed at a client requiring a project manager or at a client requiring a developer, thus effectively controlling the beneficiary's job-related duties!





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  • Legal
    07-22 09:38 AM
    USCIS TRYING ITS BEST, with the available resources, TO KEEP THE EMPLOYMENT BASED CATEGORY IN SHAPE.

    BUT THE REASON FOR ALL THIS MESS IS ITS WORKING WITH DECADES OLD IMMIGRATION RULES and WITH a HUGE DEMAND OF EB VISAS FROM A VERY FEW COUNTRIES.

    THE MESS IS WITH THE IMMIGRATION RULES, WHICH ARE WRITTEN DECADES BACK (MAY BE AT THAT TIME THE LAW MAKERS MIGHT NOT HAVE ASSUMED THE EB DEMAND WOULD BE FROM A FEW COUNTRIES LIKE INDIA and CHINA), BUT NOT WITH THE USCIS!!!!!!!!!!!!!!


    TIME is REACHED FOR IMMIGRATION REFORM.


    vdlrao,
    I totally agree with this. They have been trying hard to do the right thing WITHIN THE LIMITS OF CURRENT LAWS and be fair as much as possible.

    Do you agree with my statement there are 40k numbers available for EB which should be used up before Sep 30th? 20,000 each in August and September. And I bet that's what they are planning to do. I realize this could be wishful thinking . But everything points to that direction. Correct me if I'm wrong. Thanks.





    smuggymba
    01-15 03:59 PM
    I'm not sure why ppl gave me red for posting a business practice of desi dallas.

    Can you please tell me if what I posted is wrong or you just don't want to accept the facts?


    I trust the talent of desi dallas, they will come up with a way to circumvent this

    Their other talent includes asking some part of money from the employee from their salary every month so that they can give them money when they are on bench. They are genius. They come up with some serious fun stuff





    texanguy
    10-01 07:14 PM
    in the next 10-20 years, US needs steady stream of educated young working population(say 25-40 yrs olds) to take care of all the commitments of social security and medicare. Babyboomers will soon outnumber the younger generations. immigration is a need for US now more than ever in the known history. employment based immigration is definitely going to increase/needs to be increased at any cost.

    Democrat,republicans,obama,mccain no matter who comes to power, there are good days ahead for EB immigrants. all the trouble that we face today is a result of pandering to the nativist base of the country before election takes place. Once in power, things will change for good...