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  • hiralal
    06-12 08:16 AM
    You are contradicting yourself in your arguments. One one side you say you are highly skilled on the other you say you are worried about depressing wages for citizens like YOU. If you were so competitive, why would you worry about competition.

    If farmer grassley's bill passes through, you are the one who is going to lose your job (if you are still working at MSFT). Balmer has already threatened to move the jobs out of the country if Mr Change goes along with his protectionist policy.

    http://immigrationvoice.org/forum/showpost.php?p=345899&postcount=1

    BTW none of us on this forum favors outsourcing. Whether you like it or not, nobody can prevent outsourcing. Even if corn farmer's bill survives, outsourcing will go on. If you are looking for job security, you need to change what you do for living. This applies to all of us on this forum as well.

    Could the unions stop the shifting of manufacturing jobs to China. You are living in the capitalist capital of the world. Don't think companies will help you cling to your job just because you want them to.

    BTW you claim only 20% of H1Bs are genuine. How did you arrive at this figure. Have you interviewed each and every candidate who received H1Bs ?

    You seem to be echoing anti-immigrant's concerns. Antis also complain that MSFT product quality has been going down since they started hiring H1Bs. I guess they were complaining about people like you.
    guys / friends / fellow members ..LET US NOT LOSE FOCUS !!!
    why are we debating the past ..we cannot change anything .. these things (misuse, fraud etc) are part of life and it happens everywhere ...it is not in our hands ..hopefully these guys who do fraud will suffer in some other way (for e.g ..many bought homes at higher prices etc).
    let us focus on some sort of campaigns instead of debating (mr dilip in this case) ..believe me ..he will keep on debating and wasting our time





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  • n_2006
    06-28 10:16 AM
    I think the 40,000 number is the wastage predicted by the ombudsman at the prior rate of approval that was prevalent earlier in the year. This probably implies that CIS would have used about 100,000 numbers at it's prior rate or about 25000 per quarter. This in turn would imply that CIS would have roughly 40000 (predicted wastage) + 25000 (last quarter's numbers that might have been used had CIS continued at it's earlier pace) = approx 65000 available starting June 1. I highly doubt if this could be used in just a month or two.

    But all said and done, whatever the real number of visas that's available I feel it's in everybody's best interest to just apply at the earliest they possibly could.

    Can somebody please provide some information interms of country quota? This 40000 can be used for any country? Or if India and China used their quota and still visa's left, next visa bulletin may show retrogession for India and China and current for other countries?





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  • at0474
    12-14 01:11 PM
    There was a thread some time back about people considering going to law school and becoming their own lawyers. What I took out of it was that its not that easy. Besides going to school, you have to pass some tough state exams. I am quite happy with my lawyer. I paid some dough but its much cheaper than going to law school, and saves me time and headache.

    Going to law school is not for everyone, definitely not for me (fat books scares me :eek:). I like the suggestion by garybanz about getting a qualified opinion. Just so that we know.

    --Grupak, I wasn't talking about the law here. It was villamonte, I was just requesting him to be polite. The thing I agreed about him was that we cannot call country cap quota as discrimination.





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  • alterego
    06-27 07:00 AM
    Visa number retrogression has no basis in the number of I 485s received. It is based on the number approved.
    In the current melee, it will be a huge number of 485s applied, it does not mean the 485s will be approved any quicker.
    Hence I am not sure where you all are getting these rumors from.



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  • H1B-GC
    08-15 09:30 AM
    Seeing Sep 2008 bulletin I felt happy:). I presume in October 2008 bulletin the EB2 India/china Priority dates go back. But its a mild retrogression for a short span of time. After that the dates start catching up current again. EB2 India becoming current is inevitable.

    We need a legilation change for any considerable movement in EB3 India. I am presuming in the next two years there will be considerable changes in EB category immigration which directly relief EB3 India.




    mpadapa has given almost exact count on EB limit for 2008.

    http://immigrationvoice.org/forum/showpost.php?p=265989&postcount=90



    The Earliest Time the Dates for EB2 "might" move up again would be the February Visa Bulletin'09 as USCIS and DOS would Need atleast the 1st Quarter Data(Oct- Dec) to see the Visa Demand for the ROW Category in order for the Horizontal Spillover to India/China.

    Do you Agree Mr.Rao?





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  • pointlesswait
    06-02 01:17 AM
    country quota is not racial discrimination...u must be a fool to say that.

    To change the country quota..they have to change the whole philosophy of immigration in this country... Equal opportunity for all...

    Its absurd to try to change the country quota..we must try for recapture..instead..



    I do not agree ,
    They should not deduct SS/Medicare taxes, If i am not eligible for it.

    So basically you pay for a CAR , and you dont get the delivery.. What do you do??

    We have been trying for the recapture. And i see no success, or even close to sucess.
    A good lawyer, can prove that the country quota is a racial discrimination or is unconstiitutional.

    I may be wrong , and this is just my opinion.



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  • chanduv23
    02-14 03:05 PM
    Totally agree. A and B are not mutually exclusive. We need to push for admin fix and in the meantime explore lawsuit possibility WITHOUT using IV name (does not mean IV members cannot participate as individuals in the lawsuit).

    Agree - but such an action needs strong leadership and trusted members - till now no one is affirmative. Merely taking the poll does not suffice.

    I would recommend that someone stand up as a leader (probably 5 core members who are committed) and then reqruit members into a googlegroup or a yahoogroup.





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  • at0474
    12-14 12:55 PM
    ......

    --Although I agree with what you said in earlier post (I had to debate with someone who thinks otherwise), I find this post in poor taste.

    Please guild your temper while expressing yourself and refrain from bursting out. Looks bad to the outsiders if they visit these forums.

    Ofcourse, humor is always welcome.



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  • mpadapa
    09-23 10:57 AM
    I support this idea.
    Let us not deliberate about the details about the proposal. Let us leave it to the lawmakers to broaden the scope of the proposal. The key is to make the lawmakers aware that the EB immigrants can and are willing to provide a helping hand to improve the current housing crisis.





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  • garybanz
    12-14 11:58 AM
    "The SC concluded that the statutory discrimination within the class of aliens is permissible."

    This could justify difference in say EB1, EB2 and EB3 or F visa, H Visa and L visa. How ever there is no mention that discrimination could be on the basis of sex/race/country of origin etc. IMHO an extension of standard EEO laws should be applied for EB class immigration too.

    NB: I am an HR consultant and an expert on EEO laws, I still think that this discussion is worth taking to a top constitutional attorney. An hour of his time will cost peanuts compared to what we can possibly get out of this.



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  • gc28262
    01-13 07:20 PM
    Here is why this memo has come up

    MurthyDotCom : Senator Grassley and USCIS Response on H1B Fraud & Related Issues (http://www.murthy.com/news/n_grassl.html) Dated Dec 11 2009

    The Senator's letter voices concerns that, in the year since that report, the USCIS has not issued guidance to adjudicators as to the specific evidence they are to gather from H1B petitioners to address the fraud / compliance concerns. The letter specifically focuses on employers (consulting companies) that place their workers at third-party worksites, and suggests that it is necessary to provide copies of relevant contracts to establish that there is work to be performed immediately upon the arrival of these workers, and to establish that the work is at the locations specified in the labor condition applications (LCAs) that underlie these cases.

    Further Guidance for USCIS Adjudicators is Coming
    Further guidance for adjudicators is forthcoming from the USCIS. It will lay out appropriate types of evidence to be requested when an H1B petition does not have complete documentation of the specific work assignment to be performed by the H1B worker. This guidance will be aimed at assisting the adjudicator in identifying cases in which proper employment exists. Speculative employment, when an employer's plan is to attempt placing an individual in an assignment at a later date, is not acceptable. The guidance will also give instructions on requesting proof that the employer has been paying the required wage, and otherwise complying with the H1B program. Included in this will be instructions regarding the requirement to file an amended H1B petition where there is a material change in employment.

    Of course these are just appetizers for H1B holders on Senator Grassley's menu.
    Guess who is advising these lawmakers on H1B reform. Anti-immigrants themselves.





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  • JunRN
    02-12 07:14 PM
    We are all expecting that the VB will go back to June 2007 figure...it looks like that RoW has been so fast in getting the latest PD back which could come in a very few months time.

    I was not expecting this to come too soon but in June 2008.



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  • _TrueFacts
    09-04 08:05 PM
    I deeply care about what is happening in my motherland. But this is not the right forum to discuss these issues. Immigration voice is a organization that represents skilled immigrants seeking to emigrate to US and I believe the type of conversation in this thread is not representative of legal immigrant's views (including the majority from India). What we post on open forum is available to everyone and can be used against us in future for propaganda purposes.

    I will probably not respond to future posts but I request admins to consider closing and deleting this thread.

    Better then, world will know about people like YSR and how much we care about good governance.





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  • gjoe
    02-15 05:06 AM
    [QUOTE=hopefulgc;223549]thats bull.... disclosure is not requored.... my dog is a member of six professional canine associations ... does he have to bark it all up.


    Are you implying that we are treated like dogs here? If your answer is yes we have a credible case against USCIS. If your answer is no then my friend ( buddy as Indians and pakis say) you have to disclose your associations.

    :cool:



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  • vdlrao
    07-21 05:33 PM
    Spillover is usually USCIS inefficiency to allocate them. The law says USCIS can leave some visa unassigned but cannot over assign even a single visa for a year.

    This UNUSED VISAS OF FAMILY BASED are not due to the inefficiency of USCIS but because of the 7% limit for each country and 2% for dependent areas of family based visas.





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  • TeddyKoochu
    09-15 06:26 PM
    Friends what are the predictions for the coming bulletins (Maybe it�s too early). My 2 cents, Iam assuming quarterly spillover to happen in December, believe that all residual 2003 / 2004 folks will get approval in the next 2 months (I hope Iam not being too optimistic).

    Nov VB - 01-MAR-2005
    Dec VB - 01-JUN-2005

    If we stay on stable ground i.e. the dates don't go back (Its better they move slowly then go back, seeing the dates go back is the most painful thing) then we can visualize the spillover (this is our only lifeline) better.



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  • John333
    07-15 06:40 AM
    Dear Attorney,

    A million thanks for this website. I have a unique problem and I humbly request your expert advice on my situation.

    I am a physical therapist from India who got 221(g) after H1B interview. 221g tells me to take and pass the physical therapy licensing exam before they could issue the visa. I have Visa Screen certificate from CGFNS, educational equivalency report and approval letter to take NPTE exam(licensing exam) from physical therapy state board of Maryland.

    The problem is that, licensing exam is offered only in US mainland and to take the exam they should have given me H1B visa. I even submitted to the consular officer, USCIS memo on H-1B Specialty Occupation Licensure Requirements dated March 21, 2008 regarding 1 year temporary approval, still she gave me 221g.

    One more interesting thing is that 3 of my friends who had the H1B interview with the same set of documents and without licence, with other consular officers on same day, was stamped visa without a question on licence.

    Kindly advice me if there is any way I shall sucessfully appeal on 221(g) and get the H1B visa stamped. Thank you very much in advance and god bless you. With lots of regards,

    John





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  • saimrathi
    07-03 06:39 PM
    please sign out of digg and then go to digg.com... is it still showing on top?

    both stories are on top!!
    we can also digg the comments





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  • django.stone
    06-15 02:12 PM
    i like this idea and you have my support.

    People need to understand that you need to give some to win some. I would like to propose to IV a kind of proposal that would be a win win for both the immigrants and the US.

    1. It is meaningless to fight for the rights of ALL the visa holders. Any such attempts would always be resisted by the anti immigrant lobby.
    2. Acknowledge their fundamental point of view that jobs are being stolen due to wage destruction and perpetual visa fraud by these outsourcing companies. Of course resist all these racist BS types. They are the just the noise in the immigration debate.

    My Proposal

    1. Support the Grassley bill in its entirety. If you notice it is those outsourcing companies that are making all the noise but not the genuine companies that use H1B for innovation purposes. These outsourcing neither follow the rules or spirit of the H1B/L1 visas nor provide much of innovation to the market place. There is no point in expecting them to police themselves. We have tried this and they are not here to play by the rules.
    2. In fact, provide the concessions to eliminate the H1/L1 visas for these outsourcers. In return, request visa number recapture for the H1Bs who are employed directly by the companies. I strongly believe that if you are a H1B employed directly by the company (not outsourcing cos), it is unlikely that you would be underskilled or underpaid. A few minor expections may be there but we can safely ignore these exceptions.
    3. Again, people may argue that some of the consultants are highly skilled too. If that were the case, they would have been or would be hired into a permenant position soon once the Grassley bill passes. No company would like to let go of a good performer irrespective of whether they are permenant employees or contractors.

    If you notice, some people echo the sentiment that the Grassley bill would lead to more offshoring. That in my opinion is absolute BS. Only low level jobs would be offshored and in my opinion a h1b visa should not be used for these low level jobs. The high skilled jobs would always stay here and they would not be under wage pressure. The best and the fittest would survive and get the same.

    I strongly believe that by providing these concessions, atleast the skilled immigrants would be sparred the trauma of this mindless wait for a GC. I wish to reiterate here that I am neither anti immigration nor anti any ethnicity. I am simply trying to reiterate that we need to lose some to win some. There is no point in the Indian style of negotiations of win all or win none. Let us adapt to the give some take some style of concession building. In this process, it is okay to give up on the interests of those blood sucking outsourcers. For this, I am willing to provide financial, logistical and intellectual support.

    By following this route, we prevent wage destruction which is what the anti immigrant lobby is clamouring about. It is a win win for all and a lose situation for the blood suckers





    ras
    07-06 02:49 AM
    Is there certain minimum numbers of days one has to stay with the sponsoring company after getting the Green Card.
    In my case I have been working with my current employer since Sept-2001 (almost 7 years).
    Green card labor started in Dec-2001 and I-485 was filed in May and approved June, 2008.

    I was in the middle of using AC21 just before my GC got approved, hence this urgency.

    I think if you are with the employer and your GC got approved. You probably ought to work for the employer atleast for 6 months to one year. If you could have used AC 21 already before approval then things would have been different.





    RNGC
    07-25 03:31 PM
    My H1 B was valid till March 2008, My employer filed for a 3 yr extension and got it approved.

    Have applied for 485/AP/EAD during July 2007.....

    Went to India and came back using AP. Now have I-94 as Parolee till Sep 2009.

    1. Am I still on H1 Or EAD ? My employer says I have nothing to do. I work for the same employer who sponsered my GC..

    2. Do I have to do any paper work after Sep 2009 (date in I-94)

    Appreciate your response.



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