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  • 485Mbe4001
    08-06 01:41 PM
    Lets petition USCIS to scrap EB3 and send them home. Rolling_flood needs his GC real bad... We are unavailable today and will be U in 2010. you can have our 3k visa for your category.

    Have you never jumped a line in your life, i bet you have.

    We see it all the time, people will find ways to move ahead and so will you..nothing wrong with that. What is wrong is demeaning or ridiculing a group for you selfish needs...good luck with the law suit.. the least it will do is highlight problem our to a greater audience (Y).





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  • Marphad
    12-18 12:10 PM
    Well, all of the above were done to Kashmiri Pandits by terrorists. Yet we don't find any terrorists among the Pandits, who are the real victims of the Kashmir situation.

    Stop trying to find excuses for terrorism. Stop this perverted sympathy for terrorists.

    Well said!





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  • boreal
    08-30 11:28 PM
    This is hilarious........


    http://odeo.com/episodes/7076453

    Funny...But this is so so made up..first of all this guy doesnt have an "Indian accent"..it is so "appu"..and every Indian can recognize an Indian accent from a mile! (and "raj" - how original!!)..and second - the woman's accent..it doesnt like that of someone who came from India only 3 yrs back (even counting those who start putting on an accent as soon as they land here)....I guess some ABCD ( no offense ) trying to make a funny clip...funny alright..but most probably made up...





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  • funny
    09-30 03:05 PM
    How hard is it to figure out that people used AC21 and moved to another company, so the previous employer is out of the picture?. Why should the previous employer�s ability to pay matter?.

    Beacuse somehow USCIS is not looking into AC21 documentation also most of the time you don't even know that your AC21 letter has been places in your file or not, on the other hand when an employer send out the revocation request it seems to reached USCIS and they deny the 485 with out calculating that its been 180 days since 485 is pending and also suppose a company filed 100 485 caes in July 2007 out of those 20 has changed the Job using Ac21, now the company is filing for 20 news GCs and in the I140 stage recievs rfe for Ability to Pay, the company will have to prove the A2Pay for 120 people as oppose to only 100 ( 80 old + 20 new) , so the lawyers must be suggesting to tell USCIS that the 20 people are not on our list and we should not be asked to prove Ability to PAY for these and hence the revocation and a 485 deniel. The only issue here is that USCIS acts quickly on I140 revocation cases becuase it reduces on case from the workload and they don't bother to calculate when was 180 days done for the poor guy.

    does this make sense, I will like to know what other people think about it.



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  • unitednations
    03-26 03:24 PM
    UnitedNations,

    So whats the way out for people who get into this situation ? Find a job with a non-consulting company and start everything H1/GC from scratch ?

    cinqsit

    what i have learned is uscis can do anything at any time if they want to.

    They have different legal cases that they would use if they thought companies/people were doing things that they didn't like. From all the research/cases I have seen, come across; I concluded that uscis could apply these cases to everyone if they wish.

    However; they do not apply it to everyone.

    The h-1b defnesor vs. meissner is something that california service center has beendoing for many, many years and everyone has adjusted to it who file through california.

    However; vermont never used that case. Now; they are using that case as a justification to deny h-1b's across the board for staffing companies because they think there is a lot of fraud involved in the petitions. Califiornia; doesn't apply the case becasue they think there is fraud but rather they are doing what they think is lawful.

    That's why I tell everyone that before you start getting into advoacy; you have to know all the powers that USCIS has and how they can really start making things difficult for everyone.

    Right now; they are not using that case on 140's. If they continue to see in 140 filings by a company that there has been more 140's filed then people on payroll (this will generally be the case as consultants come and go and use ac21) then there might be a shift.

    In last eight years; most of the public memos issued by uscis have been employee/candidate friendly. However, those memos can change at any time based on economic and political winds.





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  • xyzgc
    12-24 04:46 PM
    Dude, I have donated over $ 1000 to IV so far, and participated in every campaign, and made enough calls to give me blisters, all without seeking attention or green dots. Next please?

    That's great to know.

    So, what exactly bothering you, friend? I know you don't like this thread but it shouldn't stop you from pursuing what you are doing, right? This is just a thread, it can be closed anytime and I think it will be closed very soon. I know you don't care about publicity and you care about the green card not just for you but also for others. In any case, believe me, any amount of red-green dots/publicity on IV/bad reputation on IV, will not make a dime worth of difference to the green cards.

    Don't let such things bother you, when you have already contributed a lot towards the IV cause.

    Btw, green to you. I know you don't care but I think you deserve it more than anybody else.



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  • needhelp!
    09-29 11:21 AM
    And oh.. we already bought a house in 2002 (had never imagined that my status would still be "temporary" after 9 years of doing the right thing)





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  • lskreddy
    12-28 02:03 AM
    What about the lives of those 200 people who were killed? Please don't expense those 200 lives and other 100,000 lives in last 10 years

    The lives of those killed are surely very painful and it would demeaning to forget about (which I am sure India is guilty in hoards).

    It may seem like avenging their death by war is the path but if we do take that, what about the soldiers? They are someone's father, brother too. Just remember US Soldiers in Iraq.

    All I am hoping is before they take the war path, all options are expended. If the options are expended by now, and all the big think-tanks decide it is time, yes, by all means, go full throttle and put this to rest.



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  • manub
    07-08 10:51 PM
    We won`t get any letter from that comapany as my husband din`t exit in good terms.(Ofcourse if they won`t pay him for months).
    I do believe in our case the reasons are more to do with the officer dealing the case than with actual technical issues.
    In the NOID they said the reason mainly was( he changed from company A to B to C but when he reentered he entered on B instead of C .at that time was not very knowledgeable about all this stuff)he reentry was not legal and was willful misrepresentaton of facts.
    Then our lawyer in our reply sent that as long as both visas are still valid it is legal.Then now they state ok his reentry is not wrong only the paystubs part is wrong and stating he never worked for that company chose to deny.





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  • Marphad
    12-18 01:22 PM
    I think all this can be summarized as "Live and Let Live". Terrorists and direct and indirect supporters of terrorists don't understand this.

    And what do bible say about people who do not believe in bible. How can the creator who created everything,

    ......

    Christ. I don;t think that every word of Quran is the word of Mohammed. I don't thin that every word of Geeta is the word of Krishna. If there was a way for these great souls to appear before us in this age and talk to people who "appear" to follow them, these great souls will tell their so called "followers" to stop this nonsense in their name.

    .



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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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  • AGC4ME
    04-07 07:24 PM
    But congress needs to find some solution for H1b mess like applying 150k H1b in one day. If no alternative solution is suggested some part/all part of this bill may be considered. US companies will not be impacted as they are not h1b dependent and they are hiring more than 50% US workers so they may not oppose that much. If Microsoft lobby for 200k H1b but still if they could not get any h1b why will they lobby it? American companies will either ask unlimited H1b or restrictions for bodyshopping so that everyone will get fair share of H1b. Lottery is shame as many deserving candidates will be rejected but many lower grade people may enter there is no merrit in selection of H1b. If IV is opposing this they need to give some solution for H1b mess. Otherwise no point. Also the bill was introduced by both Democrat and Republican. So Whether it is passed or not it is going to be considered

    And with a posting like this u think you are higher grade....



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  • jkays94
    04-18 07:24 PM
    I don't believe votes such as this are scientific. Also only people who like the opinion given by him watches the show, so everyone knows it will be biased.

    Anyway I did vote NO.

    Last week Lou (who is a Harvard Economics graduate) said he was sending one of his poll results to the WH. Very unfortunate for a non-scientific poll. The other thing is that often a lot of people in decision making capacity ie some congressmen and senators watch Lou Dobbs and are often misled which is why it is key that groups like IV tell the true side of the story. Right now Lou has an anti-H1-B agenda and has been trying to lump H1-Bs as a bad thing for America.





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  • unitednations
    03-26 08:35 PM
    That whenever a company now applies for an H1 ( not that many companies are going to do in this climate) they have to put in as many locations/states as possible? By your suggestions if USCIS is deeming most h1b companies as 'Staffing' companies(and if it allows them to exist) then almost all H1 LCA should contain 4-5 states in which the H1B could work? How would prevailing wage calculation be done in that case? Or for that matter if each time an H1B candidate goes to work in a different location and the employer(staffing) company files 'Amend petition for location' does the prevailing wage factor come in to picture?

    your advise in this could help some people who are in consulting so that they can insist with their employers to file for 'amend' in case they are working elsewhere.

    - cheers
    kris


    First; it is very easy for me or anyone else to say "amend" and re-file the h-1b. It costs a lot of money to do so and USCIS can give rfe and deny any one of the amendments.

    If you look at the new i-129 petition instructions they have added a part of requesting an itinerary of definitive employment if you are an agent. You are supposed to give an itinerar of where you are going to work for the entire duration that you are requesting. You are supposed to give lca's for different locations for wherever you have the client letters.

    California service center is only approving h-1b's up until the end date of the purchse order you are submitting. If you have a purchase order for four months even if it says extension is possible; then are only approving it for four months.

    With regards to prevailing wage; On the h-1b petition you would always have to put the highest number of all the lca's that you are submitting.

    for example in the lca; if you are putting two locations; one is where your h-1b company is and second one is where your client locatin is where you are actually going to work; the lca won' be certified unless you put the offered wage to be the higher of the two.

    btw; I get too many PM's and I'd rather just post on the forums where I think people need some help or where I don't see people giving right or full picture advice.



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  • msp1976
    04-07 08:31 AM
    Members working for consulting companies can talk to their employers about this. Let us know their response.

    The employers are not gonna be worried about it..

    Many of these restrictions were passed for the L1 program some 1 year back.
    I know many people on L1 still working at client sites and no one even saying peep about it...

    This is what I heard from a friend who is a employee of a NYSE listed firm with 100+ million turnover...He and a few more on L1 raised this question to their company lawyer.. The company lawyer had many arguments to defend their position. For example 'If DOL raises a question, the company would say we have offices at multiple locations one at each client site..'There is a small army of lawyers on the company's retainer and they are not afraid at all...They told the L1 employees to calm down and leave it to them....There are many creative ways in which to structure the consulting deals and the law is worth the paper it is printed on.....

    DOL is gonna have 200 more employees for the enforcement...200 is nothing frankly...Then they have to funded every year...May be congress would not fund the additional 200. Governments never have the will to go after the businesses....So the law would look very restrictive on paper and no real impact.....I know as a fact that the L1 restriction law had absolutely no impact...

    The net scenario would really depend on what happens during the first year or so...Suppose USCIS starts denying applications and they deny 10K applications...Then 5K and more of these appeal the denial and in the end sue the USCIS ..Do not forget to remember that CIR is passed and the USCIS is loaded with the legalization workload...The appeals system and the immigration courts would get swamped with these cases...As long as the case is in the appeal or the court, they employee continues to work.....The employees would have problems with the Drivers license and like but some would stick it out...Once USCIS appeals system and courts system gets overloaded with the case load...USCIS and the US attorneys would lose their will power to try to enforce the law......
    I do not know the details of judicial review for H1 denials and I did not see anything in this law curtailing the judicial review of H1B petitions...So a lot is subjective about the law.....Many laws never have their intended impact it just goes sits in some corner...





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  • willwin
    07-13 12:38 PM
    Again - want to continue a healthy debate, but as per the law, EB2 is more skilled than an EB3 and therefore gets precedence regardless of the date. If we split up the spill over 75/25 between EB2 and EB3 then what answer do we have to the more skilled EB2 candidate who did not get a visa number because a less skilled EB3 took the number based on an arbitrary split up (75/25) and because the EB3 has an earlier PD. Does it meet the meritocracy test which is the intent of the law.

    I may sound plain and harsh but thats the categorization as per existing law not my personal opinion.

    Split up of 75-25 definitely covers interest of both parties. I don't think an EB2 with PD 2007 will have grudge over an EB3 PD 2002 getting his/her GC before. As a matter of fact, as you said, looking through the eyes of governance, I don't think it is illogical. EB3 has lower preference as compared to EB2 but not zero preference! So, an EB3 2002 getting his GC before EB2 2007 is not insane, again, per my belief. You cannot say 100-0 is justice - come on!



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  • sc3
    08-05 06:41 PM
    Come on!, give me a break. You guys are now worried that EB3 will spoil your (what I still consider, ill gotten) party by PD porting. You now come up with arguments about what is EB2.

    First argument: "EB2 requires advanced degree"

    If that is the case, there is no one who is eligible for Eb2, as "Advanced degrees" is not a degree that is offered by any university in US. Mostly the ones I know offer, Masters and PHD and likes. No one says I am offering "advanced degree". ;)

    Further more, advanced degree is subjective. Bachelors is advanced compared to Diploma, which is advanced compared to 10th passed, which is advanced compared someone who failed 10th.


    Second: It is not fair to allow EB3s to port.
    It is in the law. that part is not grounds for a lawsuit. If you still want to complain, then complain about the fact that AC21 allows you to jump jobs without even getting your GC.

    Third (these are my own points)

    When people got their F1, they said there are here without immigrant intention. Why is USCIS giving them H1 and then also accepting GCs for them. Come to think of it, OPT is not required by any university for granting the degree, so why are F1s even allowed to work??


    The point I am trying to make is that if you try to open one can of worms, everyone else has a Costo or a Sams club to go to and buy a boat load of cans of worms to open - that is going to put you in a bad situation.





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  • Macaca
    05-11 05:19 PM
    Obama Recasts Border Issue (http://online.wsj.com/article/SB10001424052748703730804576315531789204212.html) By Laura Meckler | Wall Street Journal

    President Barack Obama on Tuesday tried a new tack on immigration, saying that beefed-up security along the U.S.-Mexico border has proved effective enough that it should draw Republican support for an overhaul of the nation's naturalization system.

    Mr. Obama said his administration had met the concerns of Republicans by increasing law-enforcement manpower to record levels and installing new surveillance technology and fencing.

    "We have strengthened border security beyond what many believed was possible," he said at the Chamizal National Memorial, as a giant Mexican flag waved across the Rio Grande river.

    The president cited several statistics to back up his assertion of tightened borders, including a nearly 40% decrease in arrests at the border, to about 463,000 in 2010. The administration says that is a sign that fewer people are attempting to illegally cross from Mexico.

    Mr. Obama didn't mention that deportations hit record levels last year�a trend that has drawn fire from some Hispanic advocates.
    The speech was aimed in part at reassuring voters who are worried about border security, and in part at renewing support among Hispanic voters he needs to boost his re-election campaign, particularly in Rocky Mountain states.

    He offered no new policy proposals Tuesday, and set no timetable for legislation. Instead, he called for those who support his proposals to build pressure for congressional action from outside Washington.

    The president said the new border-control measures will prevent another wave of illegal immigrants from flowing into the country if those already here are allowed to stay.

    Some prominent unions including the AFL-CIO have opposed immigration legislation in the past, concerned that new arrivals would pose competition for their members. Senators trying to craft an overhaul have said one of the obstacles has been coming up with a guest-worker program unions and business can support.

    Mr. Obama's legislative goals haven't changed since he spoke on immigration last summer, including a path to citizenship for the 10.8 million people already in the U.S. illegally, a program many Republicans oppose as a reward for lawbreaking. Mr. Obama also supports a guest-worker program and making it easier for foreign students educated in the U.S. to stay.

    There is virtually no GOP support in Congress for the legislation Mr. Obama wants, though some Republicans have embraced these ideas in the past.
    Mr. Obama predicted that no matter what he does, some Republican foes of his approach will demand more. "Maybe they'll need a moat," he said. "Maybe they'll want alligators in the moat."

    Arizona Republican Sens. John McCain and Jon Kyl have crafted a $4 billion, 10-point plan that calls for double fencing where there is now single fencing and another 5,000 Border Patrol agents, on top of the 20,700 now in place.

    "We hear from our constituents on a daily basis, and, while some progress has been made in some areas, they do not believe the border is secure," Messrs. McCain and Kyl said in a statement Tuesday.

    They also pointed to a Government Accountability Office report that found the U.S. has "operational control" of 44% of the Southwest border with Mexico, meaning it has the ability to detect, respond and interdict illegal activity.The administration says that isn't a good measure and officials are working on a better one.

    Republicans face pressure within their party to keep the focus on tougher immigration enforcement. But some GOP leaders say the party also needs to improve its standing with Hispanics, the fastest-growing voter group in the U.S.

    But the president faces skepticism even from supporters heading into this latest push.

    "The moment to use pressure is gone. You missed it. The train left the station," said Rep. Luis Gutierrez (D., Ill.). "I want to be honest with my constituents and with the American people. I don't want to rev them up for something that doesn't have any possibilities of success."


    President Obama at the Border (http://www.nytimes.com/2011/05/11/opinion/11wed1.html) New York Times Editorial
    A Question of Decency (http://www.tnr.com/article/politics/magazine/87878/immigration-reform-dream-act-border-security) The New Republic Editorial
    Immigration reform and border security: Obama's standards (http://www.csmonitor.com/Commentary/the-monitors-view/2011/0510/Immigration-reform-and-border-security-Obama-s-standards) The Christian Science Monitor Editorial
    Hideously diverse Britain: a passage from India (http://www.guardian.co.uk/uk/2011/may/10/hideously-diverse-britain-passage-india) By Hugh Muir | Guardian
    Britain's got (foreign) talent (http://www.economist.com/node/18648783) The Economist
    The Dark Night of Islam
    The revolutionary events shaking the Islamic world will not change an intolerant and obscurantist culture (http://www.nationalreview.com/articles/266778/dark-night-islam-michael-knox-beran)
    By Michael Knox Beran | National Review
    Obama�s border visit renews focus on immigration policy (http://www.washingtonpost.com/politics/obamas-border-visit-renews-focus-on-immigration-policy/2011/05/09/AF7cPMcG_story.html) By Peter Wallsten and Perry Bacon Jr. | The Washington Post
    New Call in Albany to Quit U.S. Immigration Program (http://www.nytimes.com/2011/05/10/nyregion/albany-lawmakers-protest-giving-immigrant-data-to-us.html) By KIRK SEMPLE | New York Times
    Obama�s El Paso coup (http://www.washingtonpost.com/blogs/post-partisan/post/obamas-el-paso-coup/2011/05/10/AFaBXOjG_blog.html) By Lee Hockstader | The Washington Post
    In Border City Talk, Obama Urges G.O.P. to Help Overhaul Immigration Law (http://www.nytimes.com/2011/05/11/us/politics/11obama.html) By JACKIE CALMES | New York Times
    Securing the border with semantics (http://www.washingtontimes.com/news/2011/may/10/securing-the-border-with-semantics/) The Washington Times Editorial
    The Immigration Paradox (http://nationaljournal.com/politics/the-immigration-paradox-20110511) By Ron Brownstein | National Journal
    The demographic politics of immigration (http://www.economist.com/blogs/democracyinamerica/2011/05/immigration_reform_0) The Economist
    Moving away from the border (http://www.economist.com/blogs/democracyinamerica/2011/05/immigration_reform) The Economist





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  • Marphad
    12-18 02:24 PM
    BTW, who is Antulay? I googled but no clue.

    Abdul Rehman Antulay. Current cabinet minister and EX Maharastra CM. The guy who created biggest cement scandal at the time and was exposed by Arun Shourie.

    http://en.wikipedia.org/wiki/A._R._Antulay





    rkadayam2
    07-14 02:56 PM
    Maybe I should not say "high" paid but rather above average but once I get my GC I can really start to stretch my legs, think about starting a company or seek a much higher paying job or go freelance.

    But for that day will have to wait until my LC gets approved and then 140 and 485, etc so safe to say I have a long way to go.

    I may be better paid than the average american or even a skilled immigrant neverthless I'm still a slave who will have to stay confined with this one measly job for the last 5 years and put up with the whims of my management.

    I'm not dreaming of settling down in this country forever or becoming a citizen but I just need a valid status that will allow me to pursue a fruitful career. BCIS needs to re-think the H1B programme because there are lot of people who do not want to become citizens but just remain legal residents without a time limit. So long as we are able to stay employed and contributing tax dollars why try to kick us out.





    NKR
    04-08 03:11 PM
    I am sorry, the housing will fall by 99K every year and not 100K. So you can predict how much the housing will fall and not us. If you can predict that housing will not fall down why shouldn't I. 100K is just a round figure. It can be 60K or 160K per year.
    You asked for which fruit picker. Here is one---
    ---------------------------
    "Despite making only $14,000 a year, strawberry picker Alberto Ramirez managed to buy his own slice of the American Dream. But his Hollister home came with a hefty price tag - $720,000.

    A year and a half later, Ramirez has defaulted on his loan, and he's hoping to sell the house before it's repossessed. And according to many housing advocates and civil rights groups, Ramirez is not alone. As mortgage foreclosures rise, many minorities are suffering.

    Brown said the language barrier (Ramirez, a native Spanish speaker, is not fluent in English, and spoke to the Free Lance through a translator) can also play a big role.

    "When you go into Washington Mutual ... you can't always get someone to speak your language," she said.

    "The real estate boom covered a multitude of sins," Simmons said. "Once the market started depreciating, the rug was pulled back to show the rot underneath.""
    -------------------------------

    Read my previous post. You have insulted every member by comparing their intelligence with someone who was so dumb enough to buy something beyond his reach. BTW thanks for taking the pain to google out the fruit picker�s story. This is my last post for you guys. You go ahead and discourage people while I will take some rest in my house.



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