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  • gc_check
    01-13 10:33 PM
    The memo certainly appears to make life a lot difficult for genuine LEGAL non-immigrants and future immigrants taking the EB route. No questions, there were many mistakes made in the past, by the so called "Consulting Company's and also the employees/non-immigrants themselves, who willing joined hands with these greedy companies for their own benefits, (Ex. --> Converting H4 -> H1 through the so called startup's, etc.. with false experience, etc) are the cause for all this in a way. USCIS should have a better way to punish these folks, but still they are many many genuine cases, people who have come with real experience from their home countries, people graduated from US Universities and then pursed their career here, etc... should be considered when drafting memo's like this. These people, I am sure are a large percentage here and should not be punished for following every single law and trying to make life better for them and for all. Also, it they make it so difficult for people to come here /work, Well, at least IT/ Software sector is not in the early days any more and this is well matured and BRIC countries have more qualified people getting out of colleges and more experienced people, going back, will do more good for business's already looking to outsource and this would promote more outsourcing and eventually work against the better interest of the citizens.





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  • jhaalaa
    01-15 10:36 AM
    Hope the AILA and ImmigrationVoice leadership can work together to urge USCIS to post a statement explaining that the guidelines in the memo are initially meant to encourage compliance by the businesses and prevent abuse; and that the USCIS would start enforcing them starting Jan 2012 or later. Thus it may be just a matter of getting used to the extra bureaucracy.

    I pray that we all get sorted sooner, so we can start focusing on other important aspects of our careers and family lives.

    _____________________for those very concerned____________________
    It is easy to tell others to be cool headed to think rationally, but we all agree that its true -so let us try doing so.

    I personally believe that most folks shall still be fine - this includes a lot of consulting company folks. We all (everyone having/renewing/aspiring H1) need to start collecting all documentary evidences as mentioned in the memo.

    If you do not already do so - start following the guidelines for what USCIS considers as proof of Employer-employee relationships - exchanging weekly status e-mails, work assignments, etc. Also please remember to save these documents more securely (possibly at more than a single location). There could be a few more hassles, for example requesting access to old deleted e-mails from server backups. Start working to get yourself copies of service level agreements and contracts between the various layers of consulting companies - after seeing this memo most HR staff would get cooperative. Provide copies of the memo to your consulting companies sales and placement staff - as they would not want to loose their commissions and thus would help persuade your managers and HR staff to start complying.
    _____________________________________________

    Best Wishes for all.





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  • Legal
    07-22 02:12 PM
    Here's an Apr-2006 EB2-I approval posted today on Murthy forum:

    http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=1474093861&m=8351049171


    suspect he is spreading rumor. not clear what his country of chargeability is, since he did not respond to this question.





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  • snthampi
    07-31 04:16 PM
    Some morons also gave me red. U do not have guts to express yourself out and just want to give red dots . It is quite cynical. typical of their nature. They do not want to have fun. They do not want others to have fun.

    I agree. For many people having fun is about making money. We can't change them. So, we need to just ignore and move on.



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  • santa123
    07-21 07:43 PM
    Best case and worst case


    vdlrao,
    You have always brought some statistics onto this forum and many of us have felt that your numbers have some logic. I want to know what your confidence level is on those stats, may be you feel on the inside that this is theory and God only knows wht will happen. Since the processes that USCIS & DOL follow is not very clear to anyone, I am curious.

    Just as you know:
    Statistics are like bikinis. What they reveal is suggestive, but what they conceal is vital. ~Aaron Levenstein





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  • chantu
    03-30 01:57 PM
    Yes...We had them in power for five years. It was a joke. India was Shining and we had to wear sun glass.

    I am not supporting the congress party. I am only supporting the MMS. To me, he is faaaaaaaaaaaaaaaaarr better than Mr.Advani or Mayavathi

    SNathan, I know you are supporting MMS and not congress. But remember, it is not MMS govt it is congress govt. MMS is just an executive who will implement his boss's decisions. It happened during Narasimha Rao. It was Rao and not MMS who brought economy reforms. Also, India Shining was flop show and we had to wear sun glasses, but last 5 years of UPA was such a economic disaster that now even if we remove glasses we can see nothing but darkness.

    Also please consider that during UPA rule, India's loss due to terrorism was next to Iraq. As Narendra Modi says, even if you are rich, own houses and cars and happy in life...but if you are not sure that at the end of day you will return home safely or not, then this money and richness is of no use.



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  • Canuck
    02-14 01:03 PM
    Galvez v. Howerton 503 F. Supp. 35, 39 (C.D. Cal. 1980)
    http://boards.immigrationportal.com/showpost.php?p=1838094&postcount=14843


    "IT IS HEREBY ORDERED that plaintiffs' Motion for Summary Judgment is granted, and defendants' [**14] Motion for Summary Judgment is denied. The Court orders the defendant Secretary of State to issue A.T. Cortes and E. Cortes Fifth Preference visa numbers and to charge them to the 1979 visa allotments"

    Good, then a precedent has been set that the lawyers can use. Perhaps Rajiv Khanna's underlings and paralegals did not do their research properly.

    I'm also wondering whether a charge can be filed in the same lawsuit for the per country limit as one of racial discrimination, or whether it would have to be a separate lawsuit.





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  • vdesi
    01-05 02:05 PM
    According to this all H1B's who want to buy a house ? can invest $40,000 should be given a GC out of turn.... Wow!
    What about people waiting in line patiently for five plus years, (labor, I140 and I485)?
    The line for those waiting patiently will not decrease, only people on bench for months willing to get GC at any cost will benefit.



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  • snathan
    08-17 12:37 PM
    It looks like a lot of "so called educated folks" are PROBABLY JELOUS :) :) of Mr SRK.

    No matter what - he is a capable man and I appreciate him for whatever he is.

    If he is not doing anything to reduce poverty in India - well then it is his choice, but you can definitely let him know "Mr SRK please use your popularity in a good way and reduce poverty and disease in India"

    Folks - all the starts do have "value" When I say stars - they are public figures, right from mucisians to television anchors to actors or ramp models or anyone - they are what they are because of their destiny, so just because they cannot code or hold a sthethescope, does not mean they are bad.

    In fact The then president of the US applauded 'Bill Pullman" for his fascinating speech in the Independence Day movie claiming he did something marvellous.

    No one cares who the heck is he...when dozens of people dying without food and because of drought, GOI has better jobs to do rather than going after the BCP for this moron. How many times Ambika Soni cared about normal people are suffered in security check. We are still struck colonial mentality and hero worship. This crap is happening only in india. They are expecting the same from US as well.





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  • thomachan72
    01-14 09:16 AM
    Hey smuggymba, I hope you did not misunderstand what I said. Hope you get the idea behind what I meant.



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  • jsb
    06-17 01:56 PM
    I like this news even if it is rumor. I have 3 live examples of the CTS guys that are not even eligible for H1 came on L1 (Project Manager) and applied in EB1 and all got Green Cards in 9 months. Their pay is even peanuts. Why USCIS does not check the pay stubs for these L1s?

    Write to the Ombudsman. His office works on such issues, and makes recommendations on USCIS working improvements.





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  • thepaew
    05-29 09:06 AM
    As far as i can tell, the main issue is that there are not enough visas for Indian applicants. The possible EB1 misuse is a sideshow.

    Currently, the EB2-I wait time is 20+ years. Even if there are no EB1 applications the wait time would reduce to 10+ years. EB3-I wait time is probably more than the life span of most individuals.



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  • 485_se_dukhi
    07-26 08:54 PM
    I think the reason people get defensive is because love for your country is an emotional topic (some might call it patriotism)...just as love for your mother (or parents) or religion or political party etc. These are deeply personal issues. When you question any of these, expect fireworks.

    Many people migrate for better opportunity/ better lifestyle. Is that enough reason to question why they still love their original country? I might move from Lucknow to Bombay (for those of you who don't know these places, please substitute Wichita to New York) for the same reasons. Does it mean I stop being nostalgic about Lucknow? or stop loving it? How does migrating affect my love for the place one was born and brought up in?

    Needless to mention there are people from different countries in this forum. So lets refrain from implying that people who immigrate should not love their original motherland/fatherland etc.

    Actually its getting quite ridiculous now. So may I again request the moderators/ admin to pls close this thread. Thank you.

    I think this thread has definitely deviated from its main theme.

    ?[/B]





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  • hindu_king
    05-29 02:53 PM
    I think as someone said this guy was randomly throwing numbers out there. How come his analysis does not account for remaining 36K EB1 and EB2 ROW applications. Is he suggesting that all EB1 and EB2 ROW are being used up also. Very hard to believe that for 2008 and 2009 with the way the economy is going. Lot of product companies where most of the ROW 485s would likely come from have stopped applying perm since last summer. There is a huge flaw in this analysis and its not as pessimistic as it seems.

    BUT, then again we need legislation to wipe the slate clean and clear these 200K applications, so there is a new build up of visa demand and wait times are tolerable for current applicants and future applicants.

    What will happen to the 30k or so unused ROW EB1/EB2 numbers? Typically they trickle down to EB2 India in the last 3 months of FY. I still think this will happen in the next 3 months. Somehow USCIS overreacted and retrogressed EB2 India to 2000 and I think they are going to have to correct it to use all unused ROW numbers.



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  • cinqsit
    01-14 03:19 PM
    I would argue that Indian consulting biggies saw that they could offer resources to clients at much cheaper rates than offered by American consulting companies. That drove down billing rates for everyone. Also one cannot deny the fact that persons who faked their resumes have contributed to the decline of the quality of talent pool. Don't get me wrong, bad apples existed and thrived in both big and small companies. But the occurences of such misdeed is/was more rampant in body shops. Some examples are the hiring of fresh grads & H4 & other unskilled workers and passing them off as "high skilled resource".

    On the other hand if American consulting companies bill high rates to clients, they are at leat still paying decent wages to their employees. So wages stay at moderate levels. But what This whole tiered employement brought into play was that the actual employee was not getting paid too much but the client would still pay quite a bit, maybe not as much as what an American consulting company would bill. The wages of IT professionals went down.

    Though this memo is reiterating the same rule again, they want to send a message that body shops are hurting the overall balance of the arrangement they had prior to when desi comapnies setup shops, and that they are keen on eliminating this source of imbalance.

    I agree completely. I fail to understand why people are so upset with this development. Your life will be better in the long run. Cant you all see ?

    cinqsit





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  • GCplease
    10-09 02:35 PM
    I mailed the following message to Senators, Representatives, President's Office, various News organizations sometime in April this year. No one bought it except for some standard reply from the Senator's Offices. At this time, when they have bigger issues, we would be at the bottom of the pile -




    "The Economy is inching towards Recession. The President’s Economic stimulus plan will take at least 6 months to bring in the questionable benefits of the Plan. The Fed is aggressively cutting interest rates to turn around the economy. The questionable benefits of these will take a minimum of 6 months to bear fruit.

    Nothing can prevent the economy from going into Recession if the Housing crisis is not fixed, neither the Economic stimulus nor the Feds cutting the interest rates.

    Now, how do we fix this Housing Crisis. We need to figure out a way to add home buyers. Now, where are the buyers, you may ask. There is surprisingly an easy answer – Employment based Legal Immigrants. These are immigrants who came into this country legally, pay their taxes and social security and who apply for their Employment based Green Cards, the legal way.

    There is a huge backlog of employment based legal immigrants who are waiting to get their Employment based permanent residency (Green card). There are approximately 750,000 applicants in line. This backlog has been caused by the annual quota of employment based green cards whose annual limit (140,000) was set decades ago.

    These are the immigrants who have already passed through two stages of immigration processes – the Labor Certification where it has been verified that no American talent has been available for the Job Descriptions these immigrants were hired for and The I-140 where the employer is verified to be a genuine employer with financial ability to pay for the immigrants so that they don’t become a liability for the state. They are in the final stage of the Green Card process where this huge back log is.

    On top of this, visas not used on a calendar year due to enough resources not available to process them, are wasted. Over the years, these un-used visas amount to around 160,000.

    Increasing the annual quota of employment based Green cards from 140,000 to 300,000 would be ideal. Even Microsoft’s Bill Gates has supported this idea in his recent Congressional testimony on March 12, 2008. But that would require the act of Congress and the Senate and it needs to take its course. We need an immediate solution. Re-capturing the unused visas just needs some administrative fixes and this has been done in the past as recent as 2005.

    Senator John Cornyn is working on an Amendment that would allow the Department of State and DHS to recapture unused employment based visas. Refer -
    http://cornyn.senate.gov/public/index.cfm?FuseAction=ForPress.NewsReleases&ContentRecord_id=E3CA3FF5-802A-23AD-4A46-BA89FCCC0735

    In this he states,

    “This (recapture) is not an increase in employment-based numbers but rather, a direction for the agencies to use all the visa numbers that are available today”.

    If these unused visas are captured and issued to the Employment based legal immigrants, who have stayed in the country for at least 6 years, we are adding a significant amount of home buyers to the economy.

    These immigrants will eventually get their Green Cards in 2 to 4 years. Why not give it to them now so that it will be beneficial to the ailing economy.

    The 160,000 un-used visas that are captured and the annual quota of 140,000 employment based Greencards for 2008 amounts to 300,000 green cards which amounts to approximately 150,000 families getting a green card.

    Employment based legal immigrants (EB1, EB2 and EB3) who have stayed in the country for 6 years are economically well off and have excellent credit history. Once they get a Green Card, they'll feel more secure and think about buying a home and settling down.

    Of the 150,000 families, 25 % may already own a home. 25% may not have the intention of buying a home due to various reasons. Even if the remaining 50 % buy a home,75,000 homes will be taken off the market. This will act as the much needed catalyst and will ease the Housing crisis a little bit.

    At a median price of 200,000 (this could be much higher as most of the Employment Based GC aspirants live in the metro areas where the price of houses are much higher), this is an addition of 15 Billion dollars into the economy. By this time, the President’s Economic stimulus plan and the Fed’s interest rate cut will come into effect and the Economy will be saved from going into a full blown recession. "



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  • jayleno
    07-10 12:49 PM
    Hey dude
    Dont insult a whole state....dont blame/depend on other people in making your decisions...
    I need to hear more stories like this to realize I won't be alone when time comes for me to pack up.

    I am from A.P. Lot of folks from my state in India can't accept anything but USA outside A.P. Me and my wife really like to live and work in other parts of world and we have even asked my company to send us out of USA. The only reason for me at this point to pursue GC is for my wife be able to work part-time.

    Otherwise, I am very content being on H1.





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  • aranya
    12-14 04:38 PM
    Simple. If it wasn't for that ceiling the vast majority of the visas will go to applicants from the oversubscribed countries. Now this is not a bad thing if the visas are in unlimited supply. But since that's not the case, the country ceiling ensures that even people from smaller nations will get an equal oportunity to claim a visa before all the visa are grabbed by their BIG brothers and sisters. And what's more what ever is left is given back to the oversubscribed countries.

    How can you call that unfair? Is it fair to deprive a person from a smaller country, equal chance to have go at his GC?
    I am sorry but I still cannot see how a 7% per country upper limit criteria allows any one sector (say IT) from monopolizing all the available visas





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  • senthil1
    06-14 12:10 PM
    What is your solution to remove retrogession. Recapture bill may fetch you gc but not for all persons and after 1 or 2 years again backlog will increase to similar level. Permanent solution will be increase annual gc numbers and restrict H1b and L1 based on requirement. You are not going to get unlimited GC numbers any time but L1 numbers are unlimited(about 80k in 2007) and H1b numbers were 125K in 2007. In this situation if there is annual cap retrogession is going to become worse if atleast 50% of H1bs apply for GC every year.
    This year numbers were much less due to recession,rfes and denials. But due to 195k H1bs issued upto 2003 Eb3 will not improve for another 2 years.

    BTW senthil1 is an anti-immigrant and one of the most despised individual on this forum for his "close the door behind me" attitude. You guys together will definitely have a good time !





    grupak
    02-13 08:51 PM
    Easy now!!! Simmer down.....

    Its just that every time the VB comes out, we get a lot of posts from folks from India/China who want to remove country limits. And they talk about only removing the country limits, as if removing country limits is going to solve the problem.
    You scare away ROW when you do that.



    Those who talk about only removing the country cap have not thought through the problem carefully. It will only slow everybody down. At the same time only increasing the visa number by say a factor of 2 will not solve the problem either since majority of EB GC are from a few countries.

    As paskal, others and I have been saying IV is for all EB GC, and we should look at solutions that help everyone.





    kshitijnt
    03-30 06:56 AM
    Agreed but consider the other options. Lalu? Mulayam?? Mayawati???

    I will have tears of joy in my eyes if BJP get the majority but I know it will never happen... :(

    Laloos performance as railway minister is amazing. He can make a good PM. Anyday better than Rahul baba.



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