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  • BharatPremi
    05-20 12:28 AM
    http://immigrationvoice.org/forum/showthread.php?t=16090




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  • apahilaj
    03-18 11:18 AM
    Apahilaj,
    Any update on your FP. Im still waiting for mine. I dont know how many are like us.
    As you said my only concern is will it impact EAD renewal in any way?
    People, please throw in some comments who have not received their FP yet

    No FP yet. Got a response to my SR indicating that I will get the notice once the appointment is available at my local ASC.




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  • vin13
    07-16 05:58 PM
    I am starting this new thread to discuss about EB visas spillover usage based on oldest priority date irrespective of category/country. Currently the spillover happens vertically(a top down approach) from EB1 -> EB2 -> EB3...etc. Instead it should be first used on cases with oldest priority date. This will not only give a good move to clear the backlog but will also be a fair rule for those who are patiently waiting in queue for a long time. I wrote my concern about this to my local congressman. I also request each one of you, who is impacted by this, or who is interested to help us out, to kindly contact your local congressman/woman to express your concern. In turn they can contact USCIS to implement this fair rule to help us all out.

    How about basing it on when a person entered the country. Will that be fair for you?




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  • desi3933
    07-09 03:17 PM
    Oh yeah. All big time consulting companies must lay off foreign workers then, myself included. My perm was filed as IT programmer, IT consultants job code. So am I not a full time employee of consulting company? Is USCIS fool to approve my I140? Not once but twice!

    Two things
    1. Consultant can be part of job title and/or duties. Key thing is that job must be permanent and full-time.
    2. PERM can only be filed for job that are permanent and full time.

    .



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  • EndlessWait
    04-29 04:54 PM
    bump




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  • bebar
    06-06 09:00 PM
    No reciept yet..

    EB2 PD 05/2003



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  • alterego
    03-07 03:54 PM
    I don't think people are in reality. We are in an environment that we have to be diligent that they don't make it harder then what it is; rather then making it easier.

    People started playing the devils advocate that if there is quotas on EB then there should also be quota on H-1b; sort of trying to say if there isn't quota on h-1b then there shouldn't be on EB.

    A little while ago; some Indian nationals who were here on H-2 visa to help with re-construcing mississipi and louisiana after hurrican katrina got the bright idea to do a march and go public with their grievances. Their grievances were that they paid $15K to come to USA; they were given poor housing, poor working conditions and they want to get greencards.

    Do you think they got greencards? No; now the law has been changed to not include India as part of H-2 visas.

    Everyone should try to understand the reality that we are in.

    I agree that legislators are very aware of the difference between the H1b issue and the green card issue. Yesterday on CNBC, Larry Kudlow interviewed Sen. Grassley from Iowa on this topic. When Larry was asking about these workers contributing to society, buying homes, starting companies etc, Sen. Grassley told him he was mixing up two separate issues. Basically he only wanted to talk about the H1b issue.
    The sad truth is these guys(like Sen. Grassley) are anti immigrant period(they give you all the blabber about I am 3 generations separated from immigrants etc. but that is quite simply them satisfying their conscience/the public conscience on this issue, I always wish the interviewer is an American indeginous Indian), and instead of saying so openly, they combine the issues when convenient and separate them out when not so. I agree with you that it is not because they are not aware. Right now their focus is on stomping out fraud, he mentioned cases of people coming on H1b and running laundromats, or working in different locations to what they are certified(ouch). The new quota that opens up on Apr. 1 will indeed be a watershed. I am expecting really restrictive and nasty legislation in time to greet this. I truly hope for very few applications, so the Hon. Sen. understands that this is a demand driven issue for the most part and fraud where it exists can be addressed but not with blanket legislation which effects can be unintended.
    Nonetheless this issue of Country caps has become so draconian that if indeed the US changes its policy and institutes country caps on H1bs as your posting suggests they might in the end, then we will have things go in a certain direction.......protectionist, and there will doubtless be backlash. As it stands the current insensible policy is such that people come on H1b, settle into a job, have their US citizen kids, accumulate enough social security credits, savings etc and then facing an inordinate wait, perhaps even have to leave, what do you think the result is going to be? Well, the return to India where US employers given their US experience/education are more comfortable hiring them hence more outsourcing, then their US citizen Kids return for Gov't aid/loans to college, then they sponsor their parents to come in and receive social security and medicare etc. while their working contributions and taxes would have accrued to another country. Really? Does that sound like good policy?
    If the US chooses to Cap Indian H1bs fine, let it be, however continuing such policy only leads to and effectual ban on EB green cards for Indians.




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  • abq_gc
    08-19 12:13 PM
    My 2 paisa ( though it has no value anymore anywhere)

    First and foremost we have to realize that we are fee paying customers to USCIS. We have a right to demand better customer service. The reports and other kind of data they are releasing currently is an insult to the high skilled immigrant community. It is time we call out that the king (USCIS) has no clothes. They have been feeding us garbage disguised as reports and offical data. Anybody with a high school degree would say that the reports and data provided have zero value since they are not complete.

    How do we get the right kind of information from USCIS?
    Here are the steps

    a) Send letters to the Dept chief asking for the data we need and wait for 3-4 weeks for a response. ( Data we should ask for, apps pending with PD's and EB category for every month starting from 1998)
    b) Send another letter to the President and copy USCIS chief on that. Wait for another 3-4 weeks
    c) If we do not get any satisfactory information after the previous 2 steps and 2 months of waiting, we should do a relay protest in DC and in front of all the USCIS centers until they provide us with the exact data.

    By doing this we woould have put enough spotlight on USCIS and also our problmes would have got enough coverage in the media. From here we can try and work with the various agencies to push for our other agendas. Now we will have a clearer picture of what the situation is and ask for the right things. At the same time the agencies will have the better information with them to look in to our issues.

    Comments are welcome.

    I agree.. the amount of fees paid to USCIS keeps on increasing every year and the customer service degrades proportionally every year.. they need to understand that they are there for US(the legal immigrant community).. we have to make USCIS's proceedings more transparent and make them more accountable.. whats happenening with EB2-I can very well happen with EB-3 in the future...once they become current....



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  • rdehar
    10-09 12:02 PM
    So, while we are amusing ourselves:

    How about ancestoral property?
    How about skymiles?
    Number of children?
    number of posts on IV:D




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  • prinive
    07-09 06:28 PM
    ouchhhhhhhhhhh

    :o



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  • paulavijit
    05-25 02:15 PM
    Sent emails and made phone calls to all Senators mentioned.

    Thanks IV.

    Good luck.




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  • amitga
    02-04 10:57 PM
    Anybody living in Windsor, Please let me know. I will be coming there pretty soon.



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  • AirWaterandGC
    05-09 02:25 PM
    I had asked about this earlier too. Can one buy a business and sponsor others om H1-B when one is on H1B ?

    Will someone please respond ?

    Thank you.




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  • nomorelogins
    04-30 01:49 PM
    I can tell you there are roughly 100,000 labor applications filed (50,000 EB3) between Aug 2003 and Dec 2003 for EB India category. The reason was everybody wanted to clear thru regular process before PERM takes over. Those Labors filed after Aug 2003 and before PERM started are moved into backlog and are fully cleary last 4 th quarter. And so 90% of those EB3s may be still there (45,000) hanging. EB2s could have been cleared substantially till Dec 2003. It is all my guess work and not sceintific or factual.

    quick question is it 2003 or 2004? since perm started in 2005?



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  • surabhi
    04-23 05:18 PM
    There is moral obligation too. Whenever you hire H-1s make sure most of them have dreams to get GC and settle down. Dont take risks in such a ways their dreams get shattered because of poor business practices. just to hire people dont run in your businesses on losses and in turn force yourself to shut down the business.

    I think there is difference of opinion here. Since there is chance here that the thread is frequented by current and would-be employers I will try to articulate once again.

    1. H1B is a legitimate business expense. It should be factored in as such by the employers.

    2. Same is case with GC. But given the fact tht after I-140 it becomes portable, it is perfectly ethical in my opinon to ask employee to put up the expense.

    3. H1B or not, employment is at will in US. USICS granting 3 year H1B does not imply employee is bound for 3 years either in letter or spirit of law.

    4. Unless the business produces IPR or the employee is in position to lure away exisitng clientele, non-compete doesnt hold water. Employers should refrain from using non-compete as scare tactic.

    5. As a corollary to point #3, having term around employment in lieu of h1b processing is illegal. The point of lost business because of employee left doesnt hold good. Employers can only claim non-compete or non-solicitation if the case is geniune. Lost business because employee left will never be upheld.

    6. Unless doing revenue sharing (80-20 etc), it is illegal to withold , not pay wages.

    7. If employee requests running payroll while not on project in revenue sharing mode ( see #6 above) it should be on cost to employee including employer contribution of taxes. this is indeed a favor to employee.

    8. If business needs to let go an employee and employee wants to continue for immigration reasons, it should be on cost to employee including employer contribution of taxes. this is indeed a favor to employee.




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  • gjoe
    10-08 06:46 PM
    Though I don't agree with you on all that you said about the goverment and what I know about it, your approach was right in replying. I wish all the senior members had these qualities.
    Coming back to horse and donkeys, you didn't read my post properly. The essence of the story was to convey everyone of the members can't do everything you ask them to do. A leader ( if you are in a managment postion making decision you will understand better what I am saying here) should know how to make best out of the group he has.

    I would also thank whomever who brought my star color back to green :) after sometime in the red zone.

    Again, you have this approach of "This should be done, that should be done" or "What is wrong with this...why not work like this to avoid waste and be more efficient etc etc".

    I believe that you work for the Government. But I dont think you have talked to the government ever about fixing any of the issues. Big difference.

    All the big brilliant ideas that we come up with, in our heads, are pretty much meaningless to administration and congress and they wont do it unless they have other reasons to do it.

    You are like a person saying "What's wrong with doing assignment of visa numbers and then approving based FIFO..bla bla bla". Its like saying "What's wrong with passing electric current thru a tungsten filament in a glass ball of vaccum to create light". That is DIFFERENT from commercial production of electric bulb. That bridge - between and idea and its production - takes a lot of initiative and faces a lot of roadblocks.

    I will give you an example, and since you work for Government, I believe you will understand this easily.

    I was in a recent meeting with administration officials along with our lobbyist and 4 other IV members. One of the issues, that is purely and administrative issue and doesnt need congressional act is In country visa revalidation. Prior to 2002, St. Louis had an office where you can mail your passport for restamping after H1 extensions and dont have to travel out of country. We asked them why that cant be restarted.(just like your style of why this cant be done and why that cant be done, its so simple and makes so much sense...bla bla bla). You know what their reply was..."We dont have a problem in doing that, and the issue is not security. Its just that if we reject someone, that someone is already in USA and would drag the rejection thru an immigration lawyer, file motions for re-appeal and re-consideration, and take us to court...and we have to fight that and spend money from DHS coffers to do that. If we reject someone's visa stamp in Mumbai consulate, we dont have to worry about it as that someone cannot take us to court and its cheaper for us".

    Now, WHO would have thought about that? You see what I am saying. Here we are, speculating that they stopped visa restamping in USA (St. Louis) because of security reasons. And the real reason is - An attempt by DHS to save money on litigation it would face from rejections. Could you have known or imagined that? And who would have found the answer from IV forums. If I had posted that question here on forums, would I ever know that? No. It takes effort just to know the answers to questions. And then it takes some more effort to suggest more solutions and answers to their concerns. And then some more effort to get it done once they agree.

    Its very easy to sit in your cubicle and spin brilliant ideas out of your head and say "Why cant that happen?" and "Why cant this be done like that and like that?".

    And all your ideas are brilliant and they all have answers too. But sitting on IV forums and posting brilliant ideas isnt worth a bucket of warm spit if you are not willing to go out, travel and talk to people in authority and run your ideas and requests with them.

    And yes, talking about donkeys and horses, the problem isnt that I am expecting wrong things from the wrong animals. The problem is that donkeys expect to be treated like horses not because they can run fast like horses but because they think they can run as fast as horses.



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  • desi3933
    07-08 04:15 PM
    By does not allow to work, I meant, restricted in taking other opportunities that the person might be eligible to take. Even with AC-21, one is restricted to the field in which one originally applied for EB visa. Actually, because it is indefinite, it makes the case stronger that these people are here indefinitely and so should not be restricted in employment opportunities. Being for a temporary period, obviously one can be restricted any way, like say people on visitor visa not being allowed to work.

    You are incorrect on multiple accounts.

    But, before going there, let me ask you this. What is your legal reasoning to dispute the case you have mentioned?

    Also, what do you mean by "because it is indefinite"? How do you define "indefinite"? My guess is, that you have not filed for I-485 and you foresee a long wait before eligible to file I-485 and this is what you have termed as "indefinite".

    Hint: AC-21 is not for just GC job, it can be used for any job.



    .




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  • gc_chahiye
    07-08 01:10 AM
    if it takes 2 or 3 years to fight this case, what is the use

    even if AILF wins in say 2 years:
    0. there are people with 2006/2007 India PDs, for whom I-485 filing is going to take 4 years or so, and this ruling, even if it comes in 2 years, cuts down the time by half!

    1. USCIS wont f@ck with future generations the way they did with us. We wont have to eye the VB with suspicion everytime its published.

    2. Its delayed, but its atleast justice and puts blame where it should lie. If this goes unchallenged, then essentially what USCIS did would be right/correct when people look back on this.




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  • alias
    08-18 01:12 PM
    Everybody has been waiting for his/her green card and congratulations to all those who has got their GC. On the other hand it is really unfair and to some extent unethical on the part of USICS not follow a fair system.
    There are several people in 2004, 2005 who have been paitently waiting for their turn only to see that people behind them getting approved.
    Several of us have writtent to Ombudsman, Director but of no avail.
    Not sure what else can be done? Any Idea? Do we have any liaison with AILA who can take up this matter.

    Didn't someone took up the EB3->EB2 porting issue already; can't this issue be clubed along with it? ek teer se do shikar!!




    somegchuh
    05-05 05:39 PM
    I think H1Bmajdoor isn't taking a depressing tone. It's more of a realization tone.

    I believe that immigrationvoice core is a great, dedicated and determined group of ppl that's fighting retrogression. If they are successful they will positively touch a LOT of ppl.

    Here's a little history of GC process I know...
    back in the late 90's, labor processing (state+fed) varied for different regions of the country but there was retrogression(not sure how bad) so it used to take 3 years in CA and maybe 4 in some other states for the whole process. And some people who couldn't complete the process in 6 years ended up going back or went to canada. I personally know a couple of families who couldn't get it in 6 years of H1n.

    Then in 2000-2001 suddenly labor started getting approved (State+fed) in a couple of months and dates also became current. Now this happened because businesses had been pushing the govt really hard stating that they are unable to get labor. These laws became effective after the market had crashed. So some people who were in safe jobs were able to take advantage but most ppl were hardly surviving. Around 2002 labor process started getting slower and slower and they established BEC's. So, labor started taking 3-5 years.

    Then in 2005 they devised PERM. Now, that PERM was taking only a few months so they introduced serious retrogression. In this process some ppl who had been waiting for 4-5 years for labor to clear from BEC got slammed badly. They will be stuck for another year or two. Now that's really sad .... But if you applied in PERM in the last couple of years and will be stuck in retrogression ... well its bad but not the worst thing in life.

    I don't mean to belittle anyone's wait, anxiety, pain of GC process but the process has always been painful. Only some ppl manage to get out of it unscathed.




    hindu_king
    05-08 03:01 PM
    How about getting together on the 20th of this month,
    Move fast and hold a rally or send out flowers to Obama administration for their racism towards immigrants.


    Act fast, I know 20th is close, think about is as an emergency

    What location?



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