Wednesday, June 22, 2011

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  • yabadaba
    02-21 03:19 PM
    singhsa...all number and predictions get thrown out of the window when it comes to indians. we find the most innovative ways of jumping ahead in line.

    i remember a few months back I had checked on and there were approximately 200 people with an earlier priority date than mine 09/2005. now there are 700.

    I agree the BEC freed up many people but a bulk of these cases are priority dates porting and labor substitution.

    so you can download and analyze the labor certfications from flcdatacenter (or look at my earliest posts..when u search posts by user) but the fact of the matter is that there is no predictability to the queue because we specialize in jumping ahead





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  • kuhelica2000
    01-09 11:20 AM
    As a fellow and genuine member of the IT profession, it's our solemn duty to save our profession. I would suggest whoever is in hiring capacity, please do ask for copies of paychecks from previous employers to weed out false experiences. Also, always conduct a face to face interview even when you are hiring contractors.


    [QUOTE=sweet_jungle]How come these people do not get caught during H-1 approval process or during visa stamping at consulate or maybe later during GC process?



    As they have Master's degrees, they go to Mexico or Canada for stamping. Thier h1b petitions are filed based on their BS/MS degrees and project works etc. and if any gaps in education, they are filled by experience. As the come under the Master's Cap, the cap lasts longer. The massaging of resumes occurs when employer sends resumes to clients and these resumes are different from what they file for h1b.

    When I was trying to reqruit a junior programmer position in my company, I found it very difficult to find the right person. All these people seemed like they had fake experience, tons and tons of resumes from Desi consulting companies , these people are well trained in answering interviews and can also confuse you during the interview.

    With this growing trend, the market seems to be going a bit slow for corp to corp h1b consultants and a lot of people seem to be in this category and hiring managers are having a tough time to ascertsain the validity of the candidates.

    It is disheartening that this kind of activity has become extremely normal and that people are already noticing it and it does not help solve our purpose and affects those genuine job seekers and genuine hiring managers.

    There is more to this. There are consulting companies like visu consultants in India that have ties with all the low grade US universities trying to fill up their grad positions with those aspiring foreign students who can pay fee upto $6000 per semester and you see hoards of people with below average or no GRE scores (GRE will be waived for some universities) filling these positions and do odd jobs inbetween college hours to pay for their next semester and these are the people who actually take loans in their country to pay the high fee, these are the same people who join consulting companies and are hungry to get into jobs by hook or crook (resume massaging) so they they can pay off their debts.

    So what is happening is a rippling effect. These days a lot of good H1bs or F1s are not coming here in big numbers because of lack of funding in research or good promising jobs in home countries. People coming through education consulting and moving to jobs through consulting companies has been on rise because of this trend





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  • tabletpc
    10-15 02:34 PM
    With all attention focused on economy, this idea won't be any use. Sorry for being frank and realistic...!!!!





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  • meridiani.planum
    09-10 11:25 AM
    I will update here for those who cannot enter chat


    Right now they are discussing
    H.R. 6598
    the "Prevention of Equine Cruelty Act of 2008

    I will update here once HR 5882 starts

    ouch that is so ironic.... 'Equine Cruelty'?? What about 'immigrant cruelty'?
    some of the priorities in this country are all screwed up...



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  • virald
    07-18 12:34 AM
    ^^^^^^^^^^^^





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  • santb1975
    12-20 07:14 PM
    I filed my 485 in July, got EAD, AP. My attorney applied for my 7'th year H1 extension in July as well and he recommends me to go for H1 stamping while my AOS is pending. He told me I can come back using my AP and extend my H1 next year if necessary but he still recommends I get stamping done. I have a situation described below. Does anyone here think I might run into issues with the US consulte in Chennai.

    I used to work a small consulting company before. I always had a Job, worked for big clients, found my projects myself. I had lot of issues with the company inspite of being on big projects all the time like my paycheck always arrived 3- 6 months late, my travel expenses got reimbursed after 3 - 6 months, company did not file for labor for an year and half where as I was told the process started and Labor has been filed. There was a time when I met with an accident and ended in the emergency room and found out that my medical insurance was not active which really stressed me out. I could not work for 6 weeks then. I have supporting evidence from the hospital to prove all this. I went back to the clients place after 6 weeks, started looking for a new Job while working on the project, quit my old company after 3 months and started a new Job. I transfered my H1, started my GC process all over. My old company did not pay me for the medical expenses, did not pay me for the 6 weeks and 3 months after and cancelled my H1 after I left them. I reported to DOL and DOL told me the company has agreed they did not pay me and my payments will be send out but they cant help you with the medical bills I had to pay. That was a 20,000$ hospital bill. To date I have not received any payments. I called DOL and they said the company is not in a great financial shape and they are trying to workout something like 2 weeks ago. DOL sent me an email that the case is still in progress and the consulate can contact them with any questions, I have experience letters from all my clients stating that I was working at their place all the time. Please advice



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  • greenlight
    08-23 12:27 AM
    yes, EB2 dates have been better than EB3 for all countries, but in your case this would be especially big. All this while that EB3-ROW has been retrogressed back so much, EB2-ROW has been current. If you are from ROW (Rest-Of-World, ie not from India/China/Mexico/Philippines) and get a chance to go from EB3 to EB2, JUMP AT THAT CHANCE!

    As someone pointed out earlier you need your EB3 I-140 to be approved, then when you file the new I-140 (for EB2) include a copy of the previous I-140 approval notice requesting that the PD be ported over. They will port it.

    Once that I-140 is approved, send that approval notice to USCIS with your I-485 receipt, asking them to replace the current I-140 (the EB3 one) with the new (EB2) one (google "interfiling")

    This might make a difference of a couple of years in your approval if the dates move like they did in the past!


    Thanks, gc_chahiye, for your response.
    I will discuss with my attorney.





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  • GCStatus
    09-17 09:15 PM
    Goldman Sachs is next. Then WaMu + there will be bank runs. It doesn't look good. We will probably see car makers in line. Home builders will be next. Dell, HP is laying off. We are totally sc----d. We have no hope of GC. We will be lucky to hold on to our jobs.:(

    Oh my God, i am screwed, end of the world, life sucks, dont know what to do, i am crying, i am bleeding, screaming, God, superpower help meeeee, save meeee

    Get a life dude, you werent born thinking america



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  • sundar61982
    08-06 04:52 PM
    Got email approvals on our I485 with PD of Mar10 2006 on EB-2.. Was at NSC.. Looks like they are processing beyond the Mar1st cutoff date..





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  • yabadaba
    07-24 02:15 PM
    jc menon...have u ever taken a law class? do u have a jd? why are u then so adamant on thinking u "found" the loophole?

    we are not stupid morons over here. Neither is the AILA/millions of lawyers that are associated with immigration law. Please for heaven sake dont start now about some conspiracy theory about immigration lawyers having a preference for backlog.

    there is no loophole, there is no precedent and by emailing the director with a moronic question will only show that probably that we have morons stuck in retrogression and probably we deserve to be stuck.



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  • gcisadawg
    02-13 04:59 PM
    LOL

    his choice of words was dramatic/wrong but it does'nt take away the fact the veracity of the article he's posted.

    i've been hearing about this for a while as well, and it needs to be debated/looked into

    This is a real life example that happened a week ago. I was at the gym talking to a guy and he was asking where I was working. I told him and I got a look that suggested it was a crime for me to have a job.....No words exchanged but just the look of it...I could feel it..





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  • Legal
    07-05 12:07 PM
    No need to conduct this poll. What's your point? go by the
    majority if they say no?

    Make it 20$ per month and be done with it. Those who couldn't do this
    are unlikely to be helpful anyway.



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  • furiouspride
    08-10 03:25 PM
    I would be more than happy to help with whatever ideas you have on mind. Even if IV decides to create an exclusive EB3 fund, count me in for any monetary contribution.
    Seriously guys, -ve reps for offering to help? Whats wrong with you?





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  • Jaime
    09-10 03:26 PM
    Lose A LOT of money if you get laid off and forced to leave the U.S. - If you have a 401 K and the broken immigration system forces you to leave the U.S. in the self-induced U.S. Reverse Brain Drain, you have to leave all your savings behind and use them until you retire in your home country (yet cannot contribute anymore and thus money stops compounding) or take the money to your home country after taking a huge hit from early withdrawal penalties.



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  • vishwak
    02-09 01:49 PM
    What exactly is this???





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  • vdlrao
    09-10 08:42 AM
    did any one did math...

    EB1 - all current
    |
    |
    \/
    EB2 - World current
    |
    |
    \/
    EB2 - India / China
    |
    | ( When above EB2 India/China gets current 2-3years? )
    \/
    EB3 All
    |
    |
    \/
    EB3 I/C ( When EB1 , EB2 is Current , all visa numbers will flood to EB3 right ? so may be in 4-5 years EB3 may get current ? )


    EB1 - all current
    |
    |
    \/
    EB2 Applications with old Priority Dates (Mostly EB2 - India / China)
    |
    |
    \/
    |
    | ( When above EB2 India/China gets current 2-3years? )
    \/
    EB3 Applications with old Priority Dates (Mostly EB3 - India / China/ Mexico)



    .



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  • Ramba
    07-04 09:15 PM
    Rambha:
    First hats off to you to source information and then put it on this forum.

    However, how will this mistake be rectified?
    What happens to us who have spend so much money on preparations?
    Among these 700K or so applicants, iam not sure how many have to leave the country because of various reasons before there PDs become current again in near future.
    In that case, who should reimburse the costs? If this was a case of poor customer service, then they should also follow this age old saying in business community "Customer is always right" and promptly refund the expenses incurred.

    I am for requesting the congress for a special vehicle for july filers. There should be a way out for all the affected applicants no matter what their PD was.



    In matter of 2 weeks, the billion dollar mistake have costed us dearly in lot many other ways.

    It is a really a good question. Unfortualtly no one going to pay back money, time. It is just a poor customer service. These are all the burdens we need to go thro, as a immigrants. We do not have much rights in a foreign land. I know, some guys sued INS for delaying 485 approval in early 2000. INS took more than 2 years to process 485 even it was not affercted by etrogression (entire 2 year PD was current). The law suit is not favorable to us.





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  • jonty_11
    12-13 04:06 PM
    ALso, if u worked for a Client get the Client to write u a letter on Client Letter head stating u workind through Consulting COmpany ABC





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  • sanju
    02-19 02:58 PM
    Looks like lots of >5 years people here. :D
    It is my feeling that "Illegals>5 years" should not be preferred over "legals<5 years".


    really? so you mean illegals are not humans? Or just because you are not in the category, you think only you deserve to live a "respectable" "decent" life, and others should wait in line until you are satisfied. That way of looking at things is exactly the way Citizens look at green cards, people will green card look at non-green holders, people with H1/L1 look at illegals. And that behavior or way of looking at others can described in one phrase - "I'm better than you." And when rules are changed, and we can no longer subscribe t that "false" notion of "I'm better than you.", you think there is something wrong with the bill.

    What is wrong with the bill that gives everything that you want, and in addition to it, gives that "illegal alien" what he deserves, not on the grounds of a degree, which is merely a piece of paper, but on the grounds of how humans ought to treat other humans? This bill gives everything that legal skilled community wants, but idiots could not stop beating down on something being given to someone else. That's why the degree(S) that we have is nothing more than garbage, because even after acquiring these degrees, we have not acquired the KNOWLEDGE of how to treat others.

    You do what you do and I do what I do.

    One more thing, you can't do ANYTHING, other than coming to this anonymous forum and beating down the drum of righteousness, as if everything you have done is right, and others, who did no do the things the same way are somehow daemons. BULL.

    .





    hara_patta_for_rico
    07-10 08:12 AM
    It seems several persons are already discrediting the lawsuit and from the comments I have seen, it is apparent that some have not read the entire complaint.

    In order to understand how a civil lawsuit works one needs to understand that in a complaint, one makes no legal arguments, does not cite case or precedent law but only cites the simple facts. The other side can respond to the complaint and deny or accept the allegations in part or in whole. Many cases do not go to trial, they end up in settlements or are decided through summary judgement (http://en.wikipedia.org/wiki/Summary_judgment) (for the plaintiff or the defendants) if the case has undisputable matters of facts and one of the parties petitions for it. Several processes also take place ie Discovery long before an actual trial. I recommend reading the following wikipedia entry to familiarize one at a high level with the processes and rules involved:

    http://en.wikipedia.org/wiki/Federal_Rule_of_Civil_Procedure

    To get to the core legal arguments behind the case, one needs to read the counts (they are only stated and not argued/expounded on starting pg 13). Namely those are:

    COUNT I: VIOLATION OF THE FIFTH AMENDMENT (http://en.wikipedia.org/wiki/Fifth_Amendment_to_the_United_States_Constitution) (constitutional rights issue)
    COUNT II: VIOLATION OF THE ADMINISTRATIVE PROCEDURES ACT (http://en.wikipedia.org/wiki/Administrative_Procedures_Act)
    COUNT III: DECLARATORY JUDGMENT ACT (http://www.justice.gov/usao/eousa/foia_reading_room/usam/title4/civ00036.htm)
    COUNT IV: EQUAL ACCESS TO JUSTICE ACT (http://www.hhs.gov/dab/guidelines/eaja.html)
    COUNT V: PROMISSORY ESTOPPEL (http://en.wikipedia.org/wiki/Promissory_estoppel#Promissory_estoppel)

    There are several laws cited above, its thus puzzling to see requests for one to cite the laws USCIS/DOS is accused of violating when its all there in the lawsuit. The plaintiff has the burden of proving the counts they have stated at the appropriate time and not in the complaint. One does not play all their cards in the initial complaint.

    Even more puzzling is the persistent fear that there would be retributory action from USCIS. Judges do not take kindly to such behavior and USCIS would have no chance defending itself on charges of retaliatory actions.


    Thank you for getting some sanity into the conversation....atleast some people are realising that actions, especially those perpetrated by Govt Agencies, are watched closely. They will be held accountable, whether one likes it or not . If the lawyers want to profit from all of this, let it be so, as long as the voice of a troubled community is heard in a court of law. That is just the first step....





    HawaldarNaik
    03-09 12:21 PM
    let us wait for May bulletin....

    and then june....then july....and so on and so forth visa bullietins......:D