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Sunday, July 3, 2011

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  • eb3_nepa
    10-24 10:00 AM
    Lets say you have a company. You apply for some-one's labor. The labor is approved. Then the guy leaves. So you have one approved labor. You can then ask me to give you a "gift" of lets say $30,000 and in due course you will employ me in that position. Technically this is illegal, just like it is to take campaign contributions to vote in a certain way...But in practice it is hard to establish quid pro quo in these cases. More so when the person is willingly paying the money and is not willing to turn on the seller. So people who say you can buy LCs legally are WRONG.

    Ok got it thanks Amoljak

    So then that is the only way one can SELL you an approved LC?





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  • dealsnet
    05-18 01:42 PM
    It is not good to put fake identity in any forums. The guy (MARPHAD) pointed out have a good civic sense. Here admins are not paid. They have jobs, and not always watching people. This site is for every one. So the members have an obligation to find out the fake, anti immigrants. He may not be anti immigrant, but he have fake identity. So if you not correct, and going in wrong path, some one may point out to you. Do not expect you need or only obey a Police to get a direction. Grow up guys.

    How has panini's profile in THIS THREAD got anything to do with immigration? this is NOT an immigration related thread. If you should police a person's profile in an immigration related thread no one would object, but this is the wrong thread. And isn't the default changeability the US ? Your accusations are pretty strong and doesn't seem to have any backing; what are the rumors that he has been spreading ? anti immigrant ???

    If you should police this site, then ask the Admin's to close non immigration related threads that have a political debate involved.





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  • prioritydate
    07-24 08:40 AM
    Trust me. I was under the impression that it will be 3-4 years before I see green, but the reality is almost true for me now. Similarly, EB3 folks would get some news by next year. Who knows, the government will change and we have seen how keenly Obama wants a change ;). May be recapturing visas provision will be considered next year and everyone until 2006(EB3) may see some green. We never know. It's all magic and lets hope for the best. :D





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  • grupak
    12-13 12:04 PM
    --I think, per country quota system was framed with diversification as underlying principle, not discrimination.

    Depending on which country you are from, it may seem like discrimination or fair system upholding diversity.

    If you are from India, you would hate it. There are truckloads of programmers in that country. But if you are the only graduate with programming skills from a country like timbaktoo (?), you would love it. You also got a shot at american dream.

    This EB quota system reminds me of Caste reservation system in India. To some that is fair, to others, it is unfair. Depends on which side of the fence you are.

    Fairness or not is not the issue. Question is can it be challenged in a court? Diversity at work place is encouraged through outreach for example. But you cannot discriminate in employment based on national origin. Employers can't put quotas for employee diversity. Employment based immigration I don't think can count because part of the requirement for holding the job is that the employee have a valid work authorization.

    For example, someones H1b 6yrs runs out the without possibility of extension, you cannot cry discrimination from the employer for not hiring you beyond 6yrs. As I said, the employers don't force you to not change job or job title. People don't because they will lose their GC or spot in the GC queue.

    As an unrelated side note, the current quota system is something that has evolved from past policies some of which was used to restrict citizens of certain countries.



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  • dallasdude
    05-29 03:50 PM
    No one is arguing that lot of EB1Cs do not deserve the classification, however; that is not the root cause why we are backlogged. You might get 1000more visas , you would think but at the end of the day , you will close that gateway as well. 1000 EB1 visas are not a major relief for us. And if you think that will resolve the issue, you are mistaken.

    There is a political decision to backdate the country dates and hence even if you take up Eb1 issue, they will close that line as well, but those visas will not translate into more visas for us. Bureaucrats can come up with gazillion excuses as to why spillover did not happen such as "there is now demand for religious workers".

    So do not deviate the focus of the community. Our purpose is to get our GC, not stop someone else from getting a GC. Thinking otherwise mean , divisive and selfish mentality! or plain jealousy. Has anyone stopped you from working for Cognizant?

    We need transparency and better predictability in the whole process. Someone said Oppenheim knows more than many of us. My question is why should we trust him? Shouldent there be a system that gives clear picture to everyone?


    Bottomline is we need to choose our battles! EB1 is not the battle we need to fight right now.

    Hope you're not one of the EB1 fellas. I understand your point, but we just cant ignore what these primitives are doing and abusing the EB1 category.





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  • meg_z
    02-19 11:41 AM
    I think we can make some very credible and good arguments for ourselves.

    a) The changing demographics require an increased level of immigration. It is upto this country to decide if it wants semi-skilled immigrants (Indian cooks and gardeners) and their siblings/parents, or high-skilled immigrants.



    Just read this in the morning.

    The Center for Immigration Studies (CIS) estimates that in 2002 illegal alien households imposed costs of $26 billion on the federal government and paid $16 billion in federal taxes, creating an annual net fiscal deficit of $10.4 billion at the federal level, or $2,700 per household.

    Among the largest costs, were Medicaid ($2.5 billion); treatment for the uninsured ($2.2 billion); food assistance programs such as food stamps, WIC, and free school lunches ($1.9 billion); the federal prison/court systems ($1.6 billion); and federal aid to schools ($1.4 billion).

    If illegal aliens were legalized and began to pay taxes and use services like households headed by legal immigrants with the same education levels, CIS estimates the annual net fiscal deficit would increase to $29 billion, or $7,700, per household.

    The primary reason illegal aliens create a fiscal deficit is that an estimated 60 percent lack a high school degree and another 20 percent have no education beyond high school. The fiscal drain is not due to their legal status or unwillingness to work.

    Illegal alines with little education are a significant fiscal drain, but less-educated immigrants who are legal residents are a much larger fiscal problem because they are eligible for many more programs.

    Many of the costs associated with illegal aliens are due to their US-born children who have American citizenship. Thus, barring illegal aliens themselves from federal programs will have little impact on costs.

    Focusing just on Social Security and Medicare, CIS estimates that illegal households create a combined net benefit for these two programs in excess of $7 billion a year. However, they create a net deficit of $17 billion in the rest of the budget, for a total net federal cost of $10 billion.

    http://www.immigrationwatchcanada.org/index.php?module=pagemaster&PAGE_user_op=view_page&PAGE_id=697



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  • unitednations
    02-13 12:20 PM
    immigration-law.com posted country wise EB visa allocation for the year of 2005. For example, Nepal used only 70 EB3 visas. Whereas country limit is 7%. In that case how EB3 Nepal is retrogressed?

    Can we sue USCIS? Let's discuss.
    In that case, let's hire an attorney.

    This is a valid point of why they don't drill rest of the world down further.

    From a global perspective; if they drilled down rest of the world and took all countries and evenly divided the visas then perhaps the per country limit would be less then 1%. 100% divided by number of countries in the world and you would get less then 1%. Then any country who doesn't use up that visa would get re-allocated to other countries. Pretty difficult thing to do; I would imagine.





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  • Macaca
    06-26 09:39 PM
    I think they will retrogress after using next year's quota that opens up in Oct (??).

    They want to collect all applications since workload estimation is a huge problem with USCIS, DOL, FBI, ...



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  • pmat
    06-12 09:30 AM
    2nd best engineering college in Rajasthan? There were 25 states in India , now including IITs, & NITs and BITS, that would make it, atleast 30 colleges in India which are better than yours. And here we are just talking of engineering colleges. Not even mentioned about medical or others. So yours would be like probably 50th best college in India. That is certainly not the best and brightest. I am from top 10 engineering colleges of India at the time.

    My brother is a gold medalist in CS from India's top NIT and has done MS here from top 10 universities. My wife has also done MS from here (top 20 school) with a good GPA.

    So give up ur GC now for recapture and go back! The better and brighter are waiting for it behind you.

    What do you mean by not being a public burden? You will still eat up a job , that can be retained for India's best and brightest, in case you do return due to economy or healthcare factors here.

    Dude... he is talking about the second best engineering college in India that is located in Rajasthan.. aka - BITS Pilani (my guess).





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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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  • fide_champ
    08-17 11:17 AM
    You nailed it brother! SRK is just another moron who thinks he owns the world! All things being equal, there is no reason for him to get any special treatment at all -- he is no diplomat or a guest of this country. If there was something wrong with his luggage and/or profile that made the CBP flag him and question him, I don't see anything wrong with that. I can't agree more with you on the stupid "VIP" culture that sits deep in the roots of these glorified-beyond-reality idiots.

    And then there are people here comparing India and the US...what the heck! This is America and they can do whatever they like to keep it safe...who are we to say that our "star" deserves better treatment when they don't spare their own people? :mad::rolleyes:

    This is just a case of another innocent civilian getting affected for no reason. SRK has travelled to US many times and USCIS has his finger print and knows who he is. Still just bcs his last name was khan, they found reason to interrogate him for 2 hours. I just don't see any logic in what they did. We are not saying they should not have all these security checks but it should be consistent and should have some meaning.





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  • NolaIndian32
    09-23 01:12 PM
    Nixtor,

    I like your idea, but please consider current homeowners as well in your proposal. I understand that if new homeowners are removed from the queue I am standing in, it will benefit me. But seriously, I will not get immediate relief. I will have to continue to wait in some queue for another decade. I have been in the US since 1994, completed 6 years of education and have been employed since 2000. My PD was current for 2 months, I am still sitting here looking at a dismal October Visa Bulletin. Yes, I bought my house 4 years ago. Why can't I be included in this list?

    Should I promise to buy a second home? Will that put me in the category you are proposing?



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  • Macaca
    07-03 09:53 PM
    http://www.forbes.com/feeds/ap/2007/07/02/ap3879453.html
    This is an Associated Press Article. They sell articles to lot of web based media like Washington Post, New York Times, San Francisco Chronicle, CNN, etc.

    The article was written yesterday and automatically appeared in all sites that subscribe to AP articles.





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  • arunmohan
    06-03 07:34 PM
    Laws you quoted are for US residents, not for those wanting to be US residents. Country quota, I believe, is more sensitive and difficult to change. Of course, it is not working for the original intent to not have people from a few countries making US as their home.

    Work-arounds, we are so familiar with such as AOS, EAD, H1B beyond 6 yrs, etc., are easier to get in. For the current situation, simple work-around could be to adjudicate a case when all is good except the visa number, and send an interim GC card until visa number is available. When visa number is available, interim card could be replaced with a permanent card. In a nutshell, replace EAD/AP with an interim permanent resident card, and replace it with a permanent card when visa number is available.

    I agree with JSB. As per my understanding this would be a best option for us right now. We can fight for this from USCIS, there is no need for legislation.

    IV and Donor members please proceed for this. I am willing to donate money for this.

    We can ask from Ron Gotcher if this is possible or not.



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  • chanduv23
    07-10 08:47 PM
    I am a Canadian citizen, from my experience Canada government does respect more for immigrants, health system is much better, and more elites moved there for higher quality of living standards.

    There are also lots of good companies in Canada, where I have gained GOOD experiences.

    For professionals like us, at least Canadian government treat us with dignity and as a human being, not like some illegal labour worker lurking in US, we are all LEGAL and proved no local candidates for these jobs. I have been exploited by my company for almost 4 years, current salary is 10K less then standard, even though I have 14 years of working experiences, when it comes to promotion, my boss prefer a fresh graduates and want me to teach him so he can get promoted on top of me.

    USICS Recent unconscionable retrogression really top off all previous deeds. We are educated high professionals, it is understable if immigrants are not welcome, but can they do it in a professional way? If so, why not just stop accepting immigration applications? why still accepting our money and leave us in this limbo situation? And creating all the excuses AFTER taking our money?

    We are dealing with the government department which suppose to be all professionals and educated people. And this is not some third world countries which law is not a concern, or anybody can be bribed to do anything they want to the public.

    Feeling numb should be the best way to deal with all these madness, and fellow professionals I keep praying for us and remember dont let it gets to you emotionally, there will always be a way and everything happens for a reason.

    God is watching, He knows and will be the judge and bless all of us.

    :)


    The thing is - people are crazy about USA, no matter what - so if you leave someone else will come - thats the attitude here. Exploitation to the core. The way America was built is by slavery. America became such a great country only because of slavery. There were moments in past where people revolted and found liberty - and we are all on that path. Look at the Black civil rights moment etc.





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  • Ramba
    03-19 05:15 PM
    I did canada PR myself two years back and I got the visa in 10 months. It is so easy. However I did not go there and wasted my canada PR. Now I am seriously thinking again.

    I applied canada PR when my LC was pending at labor department. I was expecting that my LC will go to BEC. That is why I applied Canada PR as there was a talk going on about backlog center creation in 2004. Luckilly my LC was approved at regional level. It did not go to BEC. I could file 140 and 485 as PD was current that time. That gave me a confidence in skipping the Canada PR. Moreover, I heared a story, if they (Canada/US) know, if 485 pending during the landing process they will give hard time by asking you to select either US PR or Canada PR at the borderpost. Imagine, how hard it will be at the border to answer this kind of life deciding questions. Therefore I skipped the canada PR. Now it is becoming almost 2 years. No sign of CIR yet. Spending lot of money on EAD and AP. On top of that lot of frustration. Now I am seriously considering that I missed Canada, I should have gone that time. I do not know what to do, whether I should apply again (lot of money) or wait for GC as my 485 still pending.



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  • thomachan72
    01-13 02:59 PM
    One important point from the document: If employer can not directly control/supervise his employee's work and then H1B new petition/extension may not be approved.

    Are these provisions new? I am not aware of the previous laws reg H1bs that is why I am asking. Previously employer did not need to have direct supervision?





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  • la6470
    01-16 03:10 PM
    How else is a consulting company supposed to work - if they do not send their consultants to client site? Consulting is not always a one month affair - all IT organizations need long term consulting on permanent basis from subject matter experts. Again I know for sure that this is a misguided memo from some folks in USCIS who has no practical understanding of the complexity of modern IT organizations.

    I am posting this again because I want the discussion to focus back on what is really important and not soothe someone's personal ego.





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  • indio0617
    06-28 07:31 PM
    Like I said, after AILA's memo came out yesterday, all the lawyers who were saying "it wont happen" have suddenly flipped and now they are saying "Anything can happen".

    Sometimes I wonder what are we paying them for if we have to send them URL from AILA about various memos and directives? Isnt it a part of job description to keep an eye out on what's going on at USCIS ? It is available on websites for the whole world to see after all. I wonder how efficient these lawyers were when Internet didnt exist and everything was thru phones and postal services.

    And ever since the dates got current for the whole world in July, lawyers are snapping back when you email/call them as if its our fault that dates suddenly became current for the whole world ? If its too much burden, then maybe its time to look for some other profession. No one is putting a gun on your head saying : "Be an immigration lawyer".

    It is all about job stability and ego. They can act ignorant and slow and trap their clients in this perpetual state of anxiety. That is what their strategy is all about.

    If we (highly skilled and informed) suffer so much at their hands, imagine the plight of millions of undocumented immigrants who are at their mercy.





    jeet
    07-03 11:54 AM
    I have applied for 485 last year and I already have I-140 approved so I meet the criteria for AC21.

    My question is that I have not applied for EAD and I am still on H1 with same employer. In case I lose job will I be considered out of status immediately for the reason that I am not using EAD. As I understand being on EAD allows some flexibility in gap in employment until the time of approval of 485 application.





    rsharma
    10-07 04:40 PM
    I have built a very simple EB2-I Visa predition model

    Making following assumption

    15000 new EB2 ROW I-485 applications
    12000 new EB1 I-485 applications
    EB4/EB5 use 70% of allocated visa (30% spillover)


    EB2 Visa Bulletin prediction for FY 2010
    Bulletin Quarterly-spillover Annual Spillover
    Oct-09 22-Jan-2005 22-Jan-2005
    Nov-09 22-Jan-2005 22-Jan-2005
    Dec-09 31-Mar-2005 1-Feb-2005
    Jan-10 31-Mar-2005 15-Feb-2005
    Feb-10 31-Mar-2005 31-Mar-2005
    Mar-10 31-Mar-2006 31-Mar-2005
    Apr-10 31-Mar-2006 31-Mar-2005
    May-10 31-Mar-2006 31-Mar-2005
    Jun-10 15-Oct-2006 31-Mar-2005
    Jul-10 15-Oct-2006 30-Sep-2005
    Aug-10 15-Oct-2006 30-Apr-2007
    Sep-10 31-Mar-2007 30-May-2007

    I would be very happy if your predictions come true. But it appears you have not taken into consideration of the fact that thousands of EB3 might move over to Eb2.



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