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  • eb2waiter
    05-28 06:16 PM
    You should rather analyze how many people from India made innovations like starting a company, a technology, patenting a process etc, on H1B versus on GC?.

    Innovation starts when slavery ends. Free thinking and ideas arise often even on H1B, but people can easily act on them when not having to worry about getting kicked out of the country. For your information there are a LOT of companies (and patents) started by Indians who have made it big here. Most of them came on H1B. Similarly there are a lot of companies in the tech area that are starting up in India.

    Again best and brightest does not mean innovation and patents alone. It can also refer to the ability to solve existing problems, design processes that need not be patentable.

    Hi,
    I found this interesting comment from a blog. It has been posted by an H.R. representative who has access to H1B and GC users' records. The points raised are indeed valid and they seem to have a 'case' against us. I do not by any means want to undermine our efforts but it does provide a perspective from the 'citizens' perspective.

    The bill would also drastically increase the number of H-1B visas issued to foreign professional workers. As a Human Resources representative, I see first hand how the H-1B visa and employment based green card programs actually work together to drive U.S. white collar workers from their jobs and even from their careers. To begin with, there is virtually nothing in the law that prevents employers from hiring H-1Bers for open positions even if qualified Americans are available and willing to do the work. Americans are routinely laid off and replaced with lower paid H-1Bers also. In these cases, Americans have practically no legal recourse available under current law. H-1B is also a dual intent visa, so an employer may sponsor an H-1Ber for an EB green card for legal permanent resident status. When a company seeks to sponsor a foreign worker for an EB green card, they are required by law to demonstrate a good faith effort to recruit Americans first. This process is called labor certification. But employers routinely game the labor certification process for green card sponsorship to defraud even well qualified citizen job applicants in favor of low wage foreigners. They use fake job ads and/or bad faith interviews of American citizens to convince the federal government that they tried to find American workers first. These practices are common in high tech and even in some non-tech industries, but HR people are told to keep quiet about it or lose their jobs.

    I would be in favor of a program that issues a small number of self-sponsoring green cards for truly innovative foreign nationals on a competitive basis. But very few of the H-1Bers or green card applicants that I have seen in 10+ years even come close to being truly innovative. Most are just practitioners with skills that are actually quite common among the domestic workforce. The only thing special about these foreigners is that they will work for substantially less than Americans in order to have a chance to become legal permanent residents. Thus they are used by management to sweeten corporate balance sheets.

    The prevailing wage regulations are supposed to insure that foreign nationals are paid the same as their American counterparts in the same job functions, but these regulations are so riddled with loopholes that they are a bad joke.

    Since my work allows me to have access to salary records, I can tell you that the labor cost savings for H-1Bers and green card applicants is substantially greater than the costs of filing the applications with the government.

    Citizens should demand that both the H-1B and employment based green card programs be abolished in their current form.

    My point is if we check our credentials, how many of us are 'true' innovators? I know I am not, I am an expert in what I do and am an asset to my company but I haven't filed any patents or publications which would be the true requirement for this country. My skills are indeed readily available in domestic workers as well. Could that be the reason for the backlog in EB-3 and none in EB-1? So do we need to do a reality check here? Just wondering if this could be the reason why we're getting a raw deal. Could it be that 'highly skilled' is not enough but 'genius' and 'highly skilled' is what's required here? Just a thought.





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  • bluekayal
    10-16 02:25 PM
    do you recommend filing PP for any Sch Cases filed after Octobe r2005 that haven't got approval yet? Immigration portal is full of examples of the really fast turn around of I-14o approvals and in one case of a concurrently filed I-140/ I-485

    thanks for your input!!



    1. There will be one less line in the Visa bulletin. ;) Before that happens of course, the line will change to 'U' for unavailable, to indicate that the entire 50K quota been used up.

    2. any remaining schedule A's will be re-categorized under their original EB and country of origin and -- assuming those categories have cut-off dates before their PD -- they will be treated like all other i-485s that have been submitted and that cannot be approved.:(

    3. If in future, another batch of Sched A numbers becomes available, USCIS will, as they did in May 2005, scan all pending I-485s for any that are Sched A eligible, pull those up for final processing, as well as begin to accept new Sched A I-485s.





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  • noman
    07-25 11:28 AM
    Ours was filed in NSC - July 2nd (hand delivered is what lawyers say.)

    I had 1 question.
    How long should we wait for receipt to be issued? I am concerned if USCIS misplaces package or something happens, we would miss window of opportunity to file.

    Also since lawyers say its personally delivered, how do we track/keep proof that ur package was delivered?

    Should we just go ahead and re-file if we dotn hear from CIS in 10 days?
    Hi, my lawyer said he hand delivered my application as well, I was wondering do they issue any kind of ecknowledgement, did your lawyer mention anything about a reciept or something? mine said they do not!





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  • vinodp1978
    06-28 04:33 PM
    You can extend your H-1B. Why is EAD your only option?

    Thanks,
    Jayant
    my labor has to be pending 365 days or have an 140 approved to extend. so if pp goes away for 140 then my only option to stay in status is EAD. Also I am not in IT so patni,tcs etc...is out of question.



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  • cpolisetti
    04-26 05:24 PM
    I did notice several blogs on net, but my intentions were more about if any journalist can write article similar to WP on the main page it does get bigger coverage. We could request them to include the IV web addy which will help more people to sign and possibly contribute.

    but saw 10 postings about IV in Indian (desi) sites., like www.kcdesi.com, one from Detroit, one on Sulekha and a few other Chinese sites. I guess these are blog posts. If it is useful, I will post each or all of these. Even, some Canadian sites have picked up issues listed in IV home page ( and probalbly spinning them to their advantage)





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  • nmdial
    05-18 09:15 AM
    What will students get out of it? Their Green cards are not stuck? Are you offering them H1B visa that they desperately want? They do not care about Green cards. They only care for scholarship, a job after graduation and H1B sponsorship from the employer. You are offering nothing from this list.

    People whose green cards are stuck should come rather than outsourcing to students?

    If we cannot help ourselves and stand up for ourselves, nobody else would.

    I am trying to take at least a day off from work. I would lose money from my wages if I take day off but I am ready to lose money for the sake of doing something good for myself and family. Others who are sitting on their armchairs should also consider coming to DC if they want their greencards.

    True, the students graduating this year or early next year probably won't get anything out of it except for an exercise in PR. However, students who have just started off with their studies here and have 2-3 years before graduation can definitely gain a lot if the CIR is passed. Also, a lot of these student organizations have the contact details of their past members, members who are now working mostly in the US and these organizations can contact those members requesting them to join in this advocacy.

    It is really nice of you to be taking at least a day out of your work and losing some money in the process. The fact is that all of us waiting for the GC are losing a lot of money already, especially those who have remained with the same I-140. A lot of us are losing money because the wait for GC has stopped our career growth and we'll continue to lose money/growth opportunities if we don't motivate enough people to join this advocacy. Some of us may not be able to join the advocacy efforts at DC in person due to genuine reasons, but that does not mean we start throwing satires at them.



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  • BharatPremi
    10-25 03:24 PM
    one correction PERM started in March 2005 or even 2004 cannot be sure....defintely not 2006

    PERM started from May 2005 and till April 2006 was having one or other software related glitches. So my previous comment make sense in that regards.





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  • pandu_hawaldar
    10-02 10:48 AM
    Guys please don't waste your time in dreaming for OCI, unless one of the parents has non Indian citizenship. PIO is the only option if both parents have Indian passport (citizenship).
    PIO typically takes 30 days, so be hurry and apply if you are thinking to apply, its very essential thing for us to have after baby's birth.



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  • coolvigo
    11-03 12:52 PM
    Dude,
    I am facing same issue....need to get some money back from India....and there is no way i can get it officially without losing significant part of it. It is really illogical to send money to India for property investment just because we cannot get money back.....I am repenting doing that....

    Whenever I ask my friends to do this favor to me.....all they say is they dont have money to send India (since they dont want to disclose their worth to me) or they dont want to send money to India since they know it is useless to send money at such a bad conversion rate.

    If you can find some better way, let me know too.





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  • amitjoey
    05-18 04:40 PM
    I hope there are new members signing up for the monthly contribution. Most of it I am hearing are the questions about why IV needs the money.
    If you are a new member or recently signed up for contribution, please write here.



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  • willwin
    09-23 12:08 PM
    Keep calling





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  • vivache
    09-25 07:13 PM
    I agree with both the ideas.
    In fact the idea of the banner with 'Waiting for X years' is fantastic ..
    That would be an amazing sight where everyone holds placards that say since when they have been waiting.
    If it's even 400 people .. we have 400 people saying look we've been waiting since 5,7 or 9 years.

    It's also important to get in heavyweights like either local folks like Google HR head or any public face. Google has always supported the Immigration issues .. since they have problems because they couldn't hire folks when the h1 lottery happenned.



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  • superdoc
    09-23 08:32 PM
    Hi Gurus,
    I am in a unique situation and your valuable advice is highly appreciated. I worked for company A for 3 years and filed my 140 and 485(july 2007). I quit the company in may this year and joined another company. My 140 was approved on 06/16/2006. recently my previous employer revoked my I-140. I got a notice from USCIS that my I-140 and I-485 has been withdrawn. As per my new attorney since i meet all the conditions for job porting (180 days, 140 approved, and same job profile), no one else other than me can withdraw my I-485 application. my attorney filed an MTR today. Can i work while my MTR is pending. Is Withdrawal acknowledgement notice is same as denial notice ? please help
    sorry to hear that..i think u should be fine are u on h1 or ead..if on h1 then there should be no problem...

    FYI-- is it this desi employer?





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  • Macaca
    08-12 11:09 AM
    Statisitcs and Data on Green Card (http://immigrationvoice.org/forum/showthread.php?t=12255) raises following issues

    Labor certification stats + AOS application stats + Name check stats + ...
    Also, keep in mind that IV is working on a permanent solution for future GC applicants
    Importance of employment based (EB) GC applicant grassroot lobbying
    Anemic EB GC applicant response
    Consequences of anemic EB GC applicant response



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  • jamesbond007
    09-05 03:18 PM
    You are suggesting how to avoid it rather then try to acknowledge that there is a problem in the wording of AP. By problem, I meant the whole dynamics has changes over the years, so, its time they change to reflect today's reality.

    There may not be everyone who would continue to be on H1 while their AOS is pending.

    In light of the AC21 provision, this is pretty common - people change jobs using EAD and are then on AOS. Looks like the wording on AP was ignored when AC21 was being made into law. This is now biting some of the travelers.

    Could the AP wording be changed using an administrative fix by USCIS/DOS rather than a legislative update?





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  • mariner5555
    05-13 02:08 PM
    I fail to see what is unjust about this. They move unused numbers from EB1 to EB2 because it works this way.

    EB1 -> first level of preference
    EB2 -> second level of preference
    EB3 -> third level of preference

    Now are you saying they should skip level 2 and drop some unused numbers from 1 to 3 directly? Why? That would actually be unjust.

    To be fair, the US immigration system cannot be blamed because a lot of us desis have entered the queue.
    it depends on who is in which category ..I feel the above (1 -2 -3) is unjust ..not that I/we can influence how it flows. my view is that the category which is at the end should get more visas ...and I would support this even if things change tomorrow (EB3 current and EB2 severly retrogressed or EB-wwide - retrogressed ..not that it will ever happen !!)



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  • ganguteli
    02-27 10:49 PM
    Pappu no need to ask People to do something. We all, includiing me want others to do the work and we just want to make annonymous remarks blaming IV. We must admit that we really like doing this. :) The original poster Endlesswait came to the site and blamed IV for not doing anything and went away without doing anything. This dude AlbertPinto is just saying many times that IV is not doing anything but is not doing anything himself. You have asked him to do somehing, let us see if he really does something.

    Like others, I will also not do anything and will be here to give my 2 cents. This is the easiest task we can all do. Isn't it?





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  • DallasBlue
    09-08 12:53 AM
    Trust me my friend, I have seen it happen all the time, from large Telecom firm to Govt., its always there, most of the consultants just doesn't come to know about it, but the cut for the managers is there in some form, almost always. Why do each manager has a specific vendor through whom they want to hire most of the time? What else is the reason for the client to pay the consulting company $180/hr but they won't give 'valueablehurdle' anything more than $50-60/hr?

    On a different note, now that NSG approved the waiver, most desi uncles, some of them are also owners of desi consulting companies will claim that they are the father of Nuclear deal. These bastards (sorry for my french) always oppose any GC fix and they tell their favorite congressman/senator (each has atleast one favorite politician for whom they do fund raisers) that gc backlog is not an important issue for the community. India Abroad, Times of India, rediff and other desi portals/newspapers will write 'Oliver North' style stories about these desi uncles knowing well that companies like GE etc put their weight behind the deal as it will create commerce to commerce over $20 billion/yr. But desi uncles/orgs will not stop claiming to be the father of nuclear deal. The fact is, most of these desi uncles made noise not because they wanted to do something for their country of birth, they are doing it because they think that if the nuclear deal passes, they can play middle man for US companies to sell the technology/material to Indian companies/govt. Most of the so called 'united voice of Indian-Americans on the Hill' organization's goal is to make big bucks by playing 'middle man' for companies wanting to sell technology to India. And as always, just as 'valuablehurdle''s client (paying $180/hr) Indian govt. will pay double the cost. These desi companies have squeezed blood of people waiting for gc, but now they think its time to move on to play big game with the big boys. These desi uncles/orgs are going nuclear.... time for Rediff and India Abroad to play Oliver North. Sometimes the line between capitalism and cycle of corruption is extremely blur. The problem is, these desi uncles/orgs claim to be representatives of entire Indian-American community, sometimes the entire immigrant community. They don't know more than 100 people, but they claim to be the leaders of all 2.5 million indian americans. Sorry for my french, but these bastards are the owners of desi consulting firms who have done a lot of harm to many communities.

    I think IV should compete openly with USINPAC which realistically doesnt have any grassroots support.

    http://www.usinpac.com/immigration.asp , guess they amended the last paragraph just this month... and still they dont support/raise the EB based greencard issues...





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  • Lok_sumi
    02-08 01:53 PM
    Try Tri Valley





    lacrossegc
    07-20 06:03 PM
    Whenever an attempt to increase visa numbers is made a budget point of order can usually be made. So, you will need 60 votes to amend the law.

    "Before every one starts to bash Hillary : this is what someone on IV posted regarding Senate floor Amendment 2339... and now it sort of makes sense:"

    Not really. Senators voted against this because they opposed the underlying amendment. The Democratic opposition stems from the facts that the amendment proposed to re-capture from all categories and then re-distribute accordingly to a Republican preference. For instance EB-3, numbers re-captured didn't all go to EB-3. The amendment gave 61,000 to Schedule A and then re-distributed the rest equally.

    A much fairer, simpler and permanent solution is to simply rollover the unused numbers to next years numbers.





    learning01
    04-26 12:57 PM
    LINK (http://news.beltwayblitz.com/blog/_archives/2006/4/26/1912840.html)
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