Wednesday, August 17, 2011

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  • BharatPremi
    10-23 04:26 PM
    one exception is if your spouse is a Canadian citizen or if you are working for a Canadian subsidiary (I am not sure if it has to be a governmental ).

    1) If "canadian Business" hires you "In Canada" and send you to USA for
    handling its "International Business" then also your stay in USA would be
    considered as your "Physical stay" in Canada.
    2) If you become Canadian Government Employee and it sends you to USA for
    its business then also you will not be considered "Physically Out" of the
    Canada.
    3) If you go to USA with your earning spouse employed by "Canadian
    Business" or "Government" to live with her/him, then also same rule applys.

    Note: This is not legal advise.





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  • eb3_nepa
    06-28 09:17 AM
    http://www.shusterman.com/pdf/aila-cis-vb.pdf


    Karthik


    Excellent link. Good research by Macaca and logiclife.

    A couple more things guys:

    1) Matthew Oh has been known in the past to be a BIT of a sensationalist. Remember this past weekend and his scare regarding the yanking away of AC-21 provisions for I-485 filers? So lets take whatever he says with a PINCH OF SALT! ;)
    2) Let us please stop these messages about how Jesus and the saints would get their GCs processed. It may very well be offensive to some of the Christian members and to some Americans reading the forums.





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  • angelfire76
    01-14 02:12 PM
    The memo is not very clear with respect to the employer-employee relationship. Most of the IT companies nowadays have moved to the contract model (e.g. IBM makes more money out of contract implementation of its own products or project implementation of other products, than from the sale and licensing of its products).

    An argument can be made with the direct contract vs second-n level of contracts, but the memo is very generic and open to interpretation by an adjudicating officer (has anybody seen the minimum qualification required to get a job at USCIS as a case officer: its high school diploma).

    An out-of-touch bureaucracy trying to tell corporates how to run their business is laughable at best. Of course I'm all for reducing and eliminating these middle-men, but by doing so the door's wide open for the mass offshoring of jobs.

    The clause is still confusing: Infosys, CTS etc. also follow the "staffing" model as they don't really have in-house products that they implement at the client site. But you don't see their H-1Bs being denied. On the contrary USCIS is being very generous with the EB-1 GCs for the employees of these companies.





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  • chanduv23
    02-13 12:16 PM
    its been a while i read the forums..

    well... well !! chandubhai finally cooled down and talking wisdom :-)

    well "the intent is the same" :) just following some wonderful advices from some good samaritans :)

    But I will always stand on what I would like to see - What I want to see is UNITY among the community and I will be more happy if more and more people stand up and support the efforts.



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  • dilipcr
    06-11 11:49 PM
    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





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  • JeffDG
    01-15 07:50 PM
    I think IV should get a new law introduced which changes the surplus visa trickle down policy so that equal number or visas gets distributed between EB3 & EB2. This law will have maximum possibility of getting passed.

    I find that highly unlikely.

    The EB categories are set up in priority order. To cascade from EB1-EB2/EB3 equally would break this priortization. Regardless of our opinion, Congress has decided that certain categories of immigrants should be accorded priority for admission. Those immigrants can file in EB1 or EB2. The cascading of unused visas fits that scheme as it is intended to work.



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  • logiclife
    01-23 06:06 PM
    Sorry, we cannot allow profanity here even if it has a couple of ** in it.

    Rest assured, I feel the same way. 18 months prison time is nothing for the amount of damage that these desi employer maggots are doing to everyone. It should be atleast 5 years so that he can have time to think about these things.





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  • gc4me
    02-13 01:39 PM
    Thanks for your valuable information. But how about lots of unused visas?
    Why USCIS did not allocate those to countries like Nepal which only used 70.


    Further division is not good.

    I was on record that DOS/USCIS misallocated visas in 2005. India received much more in eb3 then what they were entitled to. In fact, India, China, Mexico and Phillipines should have not gone over their 7% as a whole of the 250,000 greencards available. Because of this; dos/uscis learned their lesson and started to follow the law appropriately.

    I did say that if in 2006 any country went above their limit of 7% then it would cause a lawsuit which I would be a part of. However, there would be some negative outcomes from it. UScIS/DOS behaviour could only change going forward. They could revoke the greencards issued in 2005 for people who went over the 7% limit (uscis has upto 5 years to rescind greencard if approved by mistake) but they would not get re-allocated because there is no carryover from one year to the next in the current law. Only outcome would be to change it going forward. As I've said in the past; people were spoiled at the laziness of DOS/USCIS. Retrogression and the visa allocation should have happened a long time ago.



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  • paskal
    02-13 05:45 PM
    friends,

    you have 29 people in favor.
    great! each one needs to put their time and money where their mouths (mouses) are.

    i suggest: take up a collection, then go get top notch legal opinion.
    until you do this, no point going forward, this is going to be a very
    important step.

    c'mon folks step up...get a collection plate out and open your pockets.





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  • GCOP
    07-24 11:33 AM
    We appreciate your nice prediction and Good Wishes. I hope your words will turn into truth. Thanks
    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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  • Kushal
    07-27 12:07 PM
    I'm not sure but some one did mention this on this forum. It's better if other people can comment on the veracity of this statement.

    "..veracity of this statement"
    Sure pick up the phone and dial IRS, or call your accountant. Or your lawyer if you want to play it safe.
    Other people doesn't do or will never do anything, other then wearing pantyhose and tip toeing through the tulips.





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  • ujjwal_p
    10-16 03:27 PM
    I don't care about the logic but, I like what you said!;)

    Now that's a customer I want. Someone who can take no logic and all fluff. jk :)



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  • visves
    02-14 07:23 PM
    If we increase the number of links from other web-sites, blogs etc to immigrationvoice.com, then immigrationvoice should show up earlier.

    If you google retrogression, IV doesn't show up until page 2.
    Is there anyway we can change this? So that IV is the first link that shows up? Anyway know about this.





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  • bestofall
    05-29 03:37 PM
    http://www.complaintsboard.com/complaints/cognizant-technology-solutions-private-limited-c17075.html
    i agree. to add the worst, if anyone jump to cognizant from other big companies like wipro, infy etc they designate you in management level may be 5 years + exp after graduation who is unfit for management lack of very basic communication skills, half knowledged tech skill etc etc etc. Moreover people jump to cognizant for onsite to USA and eventually settle in USA. For the reason being cognizant bring the people on L visa and do EB1C quick green card processing for management. while they file perm they fabricate the responsiblities to suit the EB1c requirement.
    At the same time the person who stayed longer and longer with cognizant won't get promoted that easily to management.

    one more thing i like to add here, cognizant makes the world feel it is a american company but the truth Cognizant technologies is 100% indian (desi) company like other companies like infy, wipro, tcs.

    23 days ago by cts 0 Votes
    how do we bring this to uscis attention about L1A fraud and cognizent employees applying in eb1 catagory by producing fake doc...



    Can not agree more.

    We get engaged in all kinds of discussions EB1 Vs EB2, EB-I Vs EB ROW. bulletin predictions...But we all skilled immigrants can not figure out how to unite and resolve the big issue of backlog. When one person suggests any initiative( flower campaign, call campaign, letter campaign etc.) more 20 people hammer him or her and spend their full energy in proving how suggested idea will not work. Next time the guy does not even think about suggesting anything. On top of that some will come up with their line" Have you contributed, If not then do that first".Our lack of unity will keep us here for a long time to come. In coming months and years, some people will lose interest, stop visiting this site and move on. Others will come to see if there is any POSITIVE news and some will still keep fighting over the issues of EB1 vs EB2 vs India vs China Vs ROW.

    Good Luck



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  • poorslumdog
    05-03 01:23 AM
    :D:D:D

    This reminds me a hilarious movie Burn After Reading!
    I am almost rolling on the floor here...

    Should I say who supports Prabhakaran here are LTTE or LTTE sponsored ? I don't think so:D:D

    You are the only one talking about LTTE or prabaharan. No one cares. Others are talking about civilian..do u know the meaning for that.





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  • shreekhand
    09-15 11:55 AM
    vdlrao,

    Are you 100% sure that the data for calendar year 2005 includes the traditional labor certifications as well ? I did not see any in the txt file given on the DoL website for FY 2005.

    Remember missing those out could mean missing huge numbers, I know several who filed from Jan 01, 2005 to just before PERM came into the picture in late March 2005.

    Year, TOT_LBRS, Certified, LBR_INDIA PD_>_10/1/2001
    2000 074048 70204 ????? 0
    2001 082139 77921 ????? 0
    2002 089168 79784 ????? 7873
    2003 095299 62912 ????? 25956
    2004 098866 43582 ????? 26569
    2005 014253 06133 01350 6133
    2006 105960 79782 22298 79782
    2007 098753 85112 24573 85112
    2008 061997 21092 07198 21092
    Total 720483 526522 55419 252517



    http://immigrationvoice.org/forum/forum2-retrogression-priority-dates-and-visa-bulletins/23813-perm-labor-data-analysis.html


    In 2005 there are a total of 01350 labors certified only for India.
    In 2006 there are a total of 22298 labors certified only for India.

    The other important thing here to note down is there are many outsourcing companies out there filed/filing GCs for their so called managers in EB1 category.



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  • inthehole
    07-21 09:54 PM
    I apologize if this question has been answered before.

    I changed employer "A" after 8 years and joined employer "B" last month.

    I have LCA approval copy,I140 approval copy and I485 receipt notice copy. I never had access to my employer A's attorney before and the attorney cannot & will not talk to me now.

    Now I am with employer "B" using my EAD. Since all the queries or any RFE's would still go to my previous employer's attorney, I would like to file a change of representation G-28 with a new attorney so that I can receive any future communication from USCIS.

    But few attorneys I contacted are asking me for my LCA papers from my employer "A" to get my job description. My employer A will not give it to me.
    Also they are insisting that I must send a AC21 portability letter to USCIS on behalf of my new employer B. My new employer B is a big multinational company with heavy Bureaucracy and does not understand AC21 law. As long as I have an EAD, I will be employed by employer "B".

    Even though I understand the reasons behind the attorney's suggestions, my question is

    1. Can't I just file the Change of Representation G-28 form to make sure that I receive any future communication from USCIS and respond to the same or similar job question if I get an RFE?.

    2. Also am I or my new employer B breaking any laws by not sending the AC21 portability letter to USCIS?

    (my I140 is approved on 2005 and will not be revoked by my ex employer. Changed job after more than 200 days since I filed my I485)


    Thank you.





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  • Macaca
    07-04 08:48 AM
    Do you need any help? We asked others to give their input and they are doing it here. Let us know how else we can help you.

    Firstly, we need to identify all issues as bullet points. This is the outline/skelton. Then, we choose words to express the bullet points.

    These issues were mentioned in the 100 page other thread. Please scan it and post all issues in this thread. I will keep adding them to my original post. Check the time updated on that post to make sure that I have included your issue.

    Since Zoe Lofgren is also saying that it may be illegal, looks like it may be illegal. Zoe worked in USCIS before.

    Just woke up. Good Morning!





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  • sumagiri
    07-23 12:27 PM
    Guys,

    I think we have talked and analyzed enough about how many visas available for August and September and pretty much arrived at conclusion that at the minimum 20K visas available. (Thanks to vdlrao).


    Now we should talk about capability of USCIS and its processing speed? What is the normal approval rate with USCIS's regular processing. Also we heard that USCIS recruited many people, Do we suppose to see any improvement in processing. Do we think all the 20K visas will be used within 2 months?


    If USCIS is going to approve only 5K visas over next 2 months, there is no point in talking how many visas left.

    Thanks

    GCWhru,

    I went back and verified if there were calculations on how we got that 20K. I couldn't find one. Please point me to the source, if there is one.

    As of now, All the mathematical and statistical estimations were on total EB2 usage and spill over for this year. Not on how many visas are left over or used up. Not all the spill over is left for these two months. Some or most of that spill over is already used up.

    I think 20k was some guess based on number of labor filings from April 2004 to June 2006. The EB2 date move is based on USICS/DOS estimation on how many are documentarily qualified. It is important to remember that not every one with priority date before June 2006 are documentarily qualified. Some are still waiting for I-140 approval and some of them had RFEs.

    Thanks





    sugaur
    05-31 12:58 AM
    With Bush and McCain CIR there was atleast a chance for some relief for legal immigrants. Democrats are all like used car salesmen. I wont be surprised if they pass legislation to appease the hispanic community while leaving us high and dry.





    smuggymba
    01-15 03:59 PM
    I'm not sure why ppl gave me red for posting a business practice of desi dallas.

    Can you please tell me if what I posted is wrong or you just don't want to accept the facts?


    I trust the talent of desi dallas, they will come up with a way to circumvent this

    Their other talent includes asking some part of money from the employee from their salary every month so that they can give them money when they are on bench. They are genius. They come up with some serious fun stuff



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