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  • dskhabra
    01-13 02:01 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.





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  • vparam
    01-23 05:16 PM
    http://news.mainetoday.com/updates/008785.html



    Our message to Narendra "Nick" Mandalapa : Enjoy prison. Maybe on the inside, you can sell contraband items just like on the outside you sold approved labor certs.

    --------------------------------------

    Like someone said on the news article thread, the only difference between this guy and other desi companies (Desi means "of Indian origin") is that this guy got caught, while hundreds of other companies still sell approved labor certs with earlier priority dates.

    And all this illegal trade is much to the delight of AILA, who is pushing hard to keep labor substitution alive.

    What's in it for AILA? : Additional business of labor substitution. Now, for a few extra pennies, AILA would not hesitate to screw thousands of GC applicants waiting in line and enable the "Cutting in line" that happens due to labor substitution.

    So if you think AILA is a friend of immigrants (legal or illegal), think again. Its a friend of $$$. And there is nothing wrong with that. Everyone pursues self-interest. That is what AILA is doing. But dont misunderstand AILA as a champion of immigrants (legal or illegal). It represents immigration lawyers, not immigrants. On a rare occassion, the interests overlap, and that's good. But on many issues, AILA has a history of being very very employer friendly as far as immigration law is concerned, even if it comes at the cost of employees(immigrants).
    Logiclife -
    I would not say substitution of labor is totally wrong. I left my previous company after having waited for a labor over 2 years and helped find a suitable candidate, who also had the same level of education and experiance and was an exact replacement for me (Sr.Program Manager -designation). My (old) company which is fortune 100 company was not ware of this substitution business till i told them they should use it when they spent money filing it for me and i am not using it. while consulting companies also use it when the original person left and they have someone else to fill in that role..

    The concept becomes wrong when it sold and not really used for a replacement and i think those guys have to be identified like Narendra Mandalapa and punished.





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  • insbaby
    02-13 02:02 AM
    I think the entire community should align behind Administrative reforms with a laser-focus. This initiative is a digression.

    IV has had it's own share of success with it's approach. No other methods have succeeded so far .

    Also, from my little IV volunteering experience I can vouch that our community has very high inertia and is difficult to organize. people are afraid to send letters to president...good luck in getting them to sue USCIS.

    community does not have the bandwidth to take multiple initiatives.

    I see no wisdom in doing this. USCIS/DOS can screw us worse , if they wish to . This is not being timid but being pragmatic...anyway the bravado talk also needs to be followed up by multiple clear paths to victory.

    Boss, you will realize the importance when you are told that you are NOT ELIGIBLE for a driver license in this country and they will ask you to get a cab to work or WALK to work.





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  • bfadlia
    02-16 02:53 PM
    I beleive Kuhelica and bfadlia have been planted by anti-immigrants to spread poison and hate in people's mind. looking at the number of posts they have posted, it seems like they are new members who are out there to sabotage the reforms that we have been talking about.

    We do not have to spend our energy and time answering each and every post of theirs. they do not deserve our time nor they are intelligent enough to rationalise.

    I and a couple of us have been repeatedly telling that we do not want ROW people to be affected nor we want country quota to be removed, but they have been targetting our race, our country, it has jealously writ all over... Just ignore them and move on. the more forward we move the more backward they stay..


    man.. u can click on a user and see all the posts he sent, so good luck
    i must have joined two years and participated in topics all this time so that i today i get a chance to destroy IV.. plz put down the 007 book and listen for once..
    u can't see that people started belittling ROWs here first.. then i admit it's a waste of time to try to reason with u



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  • sledge_hammer
    02-04 10:30 AM
    :(

    http://www.murthy.com/nflash/nf_020207.html


    There is already a thread that addresses this issue -

    http://immigrationvoice.org/forum/showthread.php?t=3073





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  • mariusp
    02-14 03:41 PM
    Greg Siskind (http://blogs.ilw.com/gregsiskind/) seems to be an IV supporter and numerous times in the past has blogged about IV initiatives and such... Maybe we could ask for his oppinion and see if he thinks we have any chance with this?



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  • vdlrao
    07-24 08:53 PM
    I am expecting a quick forward movement in the EB2 India/China category in the next year bulletins.
    We have found out that we have about 10 times increase in EB2 India visa numbers from our calculations. I doubt it whether any attorney had any idea better than us, about the numbers we are getting for EB2 India/China from horizontal spill overs. In Ron's post he is no where mntioned any numbers other than saying that CIS is not able to process these many applications. I would be more than happy if some body in our forum posts, the "visa numbers calculations" we have done in this thread, into to his website.

    Theres no doubt in the EB2 India/China will catch up current very soon. This is inevitable. There might be a mild retrogression for a very short span of time in the next few bulletins. But after that the dates will run like catching up the Current.





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  • mchatrvd
    08-17 01:41 PM
    I agree with all of you that this is not worth talking. Instead channelize your efforts in supporting organization to contact lawmakers and make advocacy efforts.



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  • satyasaich
    12-13 02:10 PM
    Well, interesting topic and here are my 2 cents.

    i just googled for a minute, for the definition of "Equal Employment Opportunity" by Federal Government and the result is as below
    Equal Employment Opportunity (EEO) :A term used by the federal government to refer to employment practices that ensure nondiscrimination on the basis of race, sex, religion, color, national origin, physical or mental ability, medical condition, ancestry, or age.
    The principle behind EEO is that everyone should have the same access to opportunities

    AND Ethnic References are American Indians, Asians (Pakistani/East Indian: Persons having origins in any of the original
    peoples of the Indian sub-continent), Black, Hispanic, Caucasian

    The above definition itself speaks very loudly about access to opportunities, which if restricted due to another federal law or provision, then it is clearly a conflict within Constitution.


    Consider a person with some skill set and born in Bangladesh or Pakistan working for Employer A
    &
    another person with exact skill set born in India working for same employer in the same capacity.
    Assume that both have started the GC Process on the same day, but person from India is still waiting even after 5 or 7 years.
    Where as the other person got the GC and no restrictions to accept a promotion and an increase in salary,based on the same skill set and experience.
    Isn't that scenario defers the principle behind EEO which is everyone should have the same access to opportunities
    and hence voilation of law?

    There are thousands of glaring examples like these, and i'm wondering how this can not be considered as a good ground for challenging
    (I do undersand the cost aspects of challenging and legal fees etc; and the hefty amount of funds needed)

    by the way, i tried to find a federal government rationale for per country limit in current system (only from the EB Category perspective), but couldn't get a good answer

    Satya
    India / EB3/Nov2003/
    --Any country's immigration policy has to have some control measures built into it. I cannot imagine any country opening its gates wide open for the entire world to migrate into her without any limitations. So the question is, whom to "restrict" and whom to allow? This leads to the same argument, do you see this "restriction" as discrimination? There are others who see as fair "reservation" for them.


    there is no "reservation", the nature of the clause is a cap, it does not give another country a minimum quota, it is written as a restrictive provision. and again- just because it benefits someone else does not make discrimination "right", in the strictest sense. right and wrong when it comes to discrimination are not relative. and if you believe they are, it's mighty slippery slope my friend because it does not take time to find yourself on the other side.

    --Good question. If we look at what qualifies a country to be included in the lottery program (oversubscription etc?), it would again lead to the "balancing" intent with regards to immigration.


    so why the double dipping? if the balancing is done, why the country quota? the result is that as i said more bangladeshis come in than indians...so what does over subscription mean in the end? again...why the need for the diversity lottery? the country quota already balances things....or not?

    "either it's wrong or right. the caste system is wrong, from every side of the fence. it may benefit some and hurt others. but it's wrong, wrong and wrong.
    same for this country quota. sure it helps some, and looks good from "their side of the fence". that does not change the fact that it is wrong."

    --You are opining that it is wrong. You cannot state that it is a fact


    you sound suspiciously supportive of the caste system. i will say it again. such a system is wrong. i do not care which side of the fence you are on. was depriving blacks from voting wrong? or was it ok from the white side of the fence? please think before you post.
    there is a difference between "something benefiting me so i justify it and fight to keep it" and being right or fair. everyone fights to keep what they have. sorry, still not right. and if you still feel the caste system can be justified as right from your (or any) side of the fence then let's stop here, we have no common ground. and i speak as someone with sufficiently "high caste" to have not suffered from it (so you know my side of the fence).

    one last thing, i find it hard to believe you are terming as "right" the idea that I as an individual should be held back 10 years longer than my colleague because of where i was born. any way i look at it...sorry...just not right.





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  • GCVictim
    08-24 11:48 PM
    Dear Immigration Attorney,

    Can I out of US with old AP and returned with new (renewed) AP?



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  • _TrueFacts
    09-04 09:47 PM
    This MF doesn't even have minimum decency to just leave alone a Dead Man.


    breddy2000,

    Shame on you. thoo

    In your love for YSR, you are behaving like him. Are you from Kadapa? Why unnecessarily picking on CHANDUV23. I got his profile id from Orkut.

    orkut - (http://www.orkut.com/Main#FullProfile?rl=pcb&uid=16002627991370248382)





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  • gc_on_demand
    09-14 03:45 PM
    I was among the very first to predict forward movement of EB2 (8 months back when most of the information available suggested no movement). Looking at September approvals i will see there will be very few cases pending from 2002-2004 for EB2 (those pending will be cleared in next few months since PD will stay current).

    My estimate is that

    EB2-India pending applications with PD older than Dec-2004 no more than 2000.
    EB2 India had used 8000-10000 visa in 2009 (5000-7000 in Sept 2009 alone)


    Holding following assumptions we will see more forward movement in coming months and whole of 2010 fiscal year.

    Slow improvement in economy (fewer new applications from EB2-ROW and EB1)
    PERM applications stay stuck (as they are very few approvals in last 12 months)
    CIS is force to allocate visa every quarter (leading to large spill-over)
    Fewer EB3 to EB2 porting


    CIS has prudently processed most old cases (pending for name-checks) and also pre-adjucated most cases filled in 2007-2008. So if they have visa numbers pending we should see big movment in Dec 2009 Visa Bulletin. This movement could cover all EB2-I 2005 cases in next two quarters (by March 2010). How explained below

    EB2 gets 10K visa each quarter (28.6% of 140,000 divide by 4)
    EB1 gets 10K visa each quarter (28.6% of 140,000 divide by 4)

    Assuming 3k spillover from (EB1/EB4/EB5 to EB2) => EB2 will get 13K visa
    EB2 ROW uses 7K (700 India, 700 China, +5k others) - there are 6K visa to allocated by Dec 2009 and 12K by March 2010 which will be given to EB2-India.

    BEC LCA applicants in 2005 estimate (EB2 India) = 2000 => 4400
    PERM applicants in 2005 (7276 of this 40% are Indian and 60% from EB2 ) -> 1750 LCA
    1100 LCA => 3850 GC

    Total pending I-485 in 2005 (EB2 India) ~ 8000

    This would mean PD will cross 2005 in next 2 quarters. I have pesimetic estimates so it will not surprise me it the dates move more rapidly.


    I think Eb2 india got more than you think... It must be 15k or more from Spill and I do expect that india will get 30k spill this year.which will clear 05, 06 and half or 1st quarter of 2007



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  • dilipcr
    06-16 03:41 PM
    Nice well thought out arguments. This is the essence of a healthy debate.

    Dilip -

    Could you please respond to questions raised in my post, when you get a chance?


    I would like to add one more thing here - Employment based immigration is not merit based, it is driven by employer-employment unless you self-petition in Eb1/Eb2.

    For the most part it is if it were left to market forces. Employers, rationally, would only want as much as talent for the price they pay. Most importantly, employers would be willing to go the extra mile to sponsor green cards only if they perceive that the immigrant employee would add value both in the present and the future. Now again, when I say employers, I mean the genuine employers and not the fly by night consulting body shops or the outsourcing companies. I strongly believe that EB based GC for a very large part is built on merit. You may see sme cases wherein some ordinary people getting green cards. They, in my opinion , are mostly from these body shops who got "lucky". Cant believe I am using that word !!!.

    You may be very much qualified, if there is no employer who is ready to sponsor your green card, you are out of luck, so please do not put argument that only best and qualified people get GC.

    Employers will be restricted in applying for GC for very qualified employees only in the period of recession. This happened with companies like CSCO etc in2001. wherein many of my friends left the company because cisco was barred from applying for GC after mass layoffs. But then after a year or so they started applying again. If you are referring to such scenarios, I would recommend patience because the immigrant per se is extremely well talented.

    I don't think it matters, but I am from college based in Kharagpur WB.

    In my opinion it does not. But be careful in this forum though. People may view your statement as egotistic.
    Have a good day!




    Where did you get that 80k number? You think 80k is good salary for that job, someone else may say 65k, I may say 90k. The salary, among other things, is determined by market forces. If you can't find enough people with xyz then company will be forced to offer more.

    As long as there are people who are ready to work on salary 52k (example), employer will not pay 70k. As long as employer is following all the legal requirements, no one can dictate salary for the job.

    I agree that the employer will pay the salary that is cosummate with the market. No well meaning employer will undercut to save a few pennies at the risk of losing out on quality.
    What if the market pay scales are distorted through pervasive fraud ? If you look at it from an employer's view, it gets murkier. Believe it or not, low cost always signal lower quality. Trust me this is marketing 101. Google low cost and the perceptive signals. It is truly tough for the employer to trust the low cost employee's skillset.

    Now the distortion comes into play when outsourcing companies flout rules and undercut the market through pervasive fraud. Like other industries such as manufacturing/agriculture etc, IT wages are destined to decline but not at this rate. The acceleration in the decline of wages is perpetuated by these scum outsourcing companies. If the decline in wages were let to decline at the speed of market, then it gives talented people time to upgrade skills or move to other industries without having to sacrifice quality of living. So per your argument, yes the end employer is following the rules by employing people from the outsourcing company because the employer does not know or looks the other way of the outsourcing company commiting pervasive fraud. Oh BTW that 80K number was just to highlight that the L1s should be paid high too. It was not based on any scientific or statistical evidence.


    I am a US citizen of Indian origin with background in Computer Science, Finance, and Business Laws. I have been in this country for 11+ years and I have seen so many changes in tech world. Nobody talks of sign-on bonus on H1B anymore. I am dot net architect and I am seeing lot of competition for jobs and this is causing downtrend pressure on salary. But, instead of, blaming someone else for the competition, I am taking it head on. We need to keep working on our skillset and employer will pay the salary. Like they say, for the right candidate salary is not a constraint.

    I agree with you on the above points. You are doing the right thing in not blaming others for the downtrend in salaries. However, you are fundamentally assuming that you would have enough time to upgrade and adapt. What if that assumption falls apart ? What if outsourcign companies hit your employer with people with your skillsets at abysmal prices through fraud ? Today many companies do not look into the long term but make short term decisions. They may prefer the loss in quality for the "immediate" cost savings. It may take time for them to realize their follies. In trading, they say that a trader needs to have enough juice to survive the market irrationality. In a similar vein, if you have the wherewithal to survive the employer's short term irrational decisions, then more power to you.

    Let us not forget our struggling days of H1. The least, we can do, is to encourage our fellow immigrants who are waiting for their green cards.

    That is exactly the reason I am here. I want to encourage the truly deserving. I dont know who the truly deserving are on this board. But they know themselves. My encouragement is for them is to ensure that they dont get bogged psychologically despite being immensely talented.

    .





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  • _TrueFacts
    09-04 11:28 AM
    Wow!!! this is just crazy>>>

    Over 100 die after YSR's death, son appeals for calm- Hindustan Times (http://www.hindustantimes.com/Over-100-die-after-YSR-s-death-son-appeals-for-calm/H1-Article3-450319.aspx)




    People dying for corrupt politician..God Save India



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  • hopefulgc
    02-13 07:39 PM
    this is an out of the box thinking .. deserves consideration.

    Why should we give big bucks to big names? Instead we can pay 50% to 75% of that to a bunch of fresh law school grads from Harvard or some other top law school and see what they can do?
    This way we would help young talent and also give them a platform to get their name in the front and at the same time we are not under cutting on their fees. Saving money but cutting unnecessary cost is the name of the game.

    Any thoughs or counter arguments?





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  • aroranuj
    09-23 01:33 PM
    I am already a HOMEOWNER but I think this bill is good for all as those who buy new homes move out of the line & we move quicker. Congress works in strange ways & if the core thinks this is the best way to get around it & including current homeowners will be a dealbreaker I am for it....Lets support what we can get.

    I emailed half the people on the list & will email the other half in the next couple of hours...

    IV CORE: THANK YOU for thinking for every single possible way of getting us out of this rut...you have my full support!!!:)



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  • unitednations
    02-13 03:00 PM
    Whether overflow happens vertically or horzontaly is subject to interpretation and we cannot really say if EB3 ROW is getting any undue advantage.....
    That matter can be litigated.....


    You guys still think it is horizontal. This has been discussed so many times with reference to the law; the note in november 2005 visa bulletin; another lawyer who received statistics in chinees overall approvals for 2006 which were going to be close to 7% and you guys still believe this is a gray area.

    the november 2005 visa bulletin made it black and white. It is no gray any longer. AC21 didn't do anything to change to horizontal; only spillover is allowed in quarter not annual.

    Hard to understand why people think it is still gray.





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  • harikris
    05-30 11:56 PM
    Belmontboy ..Thanks for the same ..as I said earlier any campaign should highlight the positive aspects of legal immigration ..fighting over EB1 misuse is not going to help. I am a prospective home buyer and in the last few months, I met 8 buyer / seller agents ..they are literally sweating for any business ...at the very least let us show the positive contribution that immigrants have for the housing and other related economy (which is massive in terms of $$$$$). I am sure everyone will agree that this is better than fighting over EB1 misuse and fighting amongst ourselves

    1. If there are half a million people stuck in the immigration system, atleast half of them would be Mr. Hiralal-types whose buying potential could be between 150K$ to 250K$. That's an average of 50 Billion $s

    2. If Mr. Hiralal-types bought a house today, that would dry out the foreclosure inventories for precisely one month. If all the EB immigrants were to buy a home, that would stem help for two months at the current supply rate of homes piling to the inventory.

    How would the policy-makers look at these numbers?

    Let's keep Hiralal's point as one of the several reasons for pushing for reform. But, the broader perspective is to reform the way the Govt. processes immigrant application. We should strive for permanent solutions - removing of country quota and make it true capitalist nature - let supply and demand dictate who can get in and how many can get in. If diversity is the reasoning for country quota, then India should be given 25 times 7 which is 175% because we are 25 counties put in one.

    Economic situations and foreclosures are all fleeting effects. While we can leverage on these facts our argument for reform should not be based on variants.





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  • samay
    07-14 06:49 AM
    Thank You Samay !!

    I was in US from 2000 to 2001 on h1b.(first h1 approval)
    Went to india and worked there from 2001 to 2006
    On new H1 came to US on 2006
    I didnt had the H1b approval copy of first h1 approval(2000 -2001) when I applied for 140. I submitted
    only the current one which is from 2006. My 140 is not yet approved.
    So I would like to make sure whether h1b approval notice copy during 2000 to 2001 was needed/
    will be needed in future.I had submitted 140 during July 07.

    Is it needed for any 140 RFE or 485 level ?

    Good Day !
    Rajesh

    Quote:
    Originally Posted by rajeshalex
    Hello,

    Could you tell at 140 level does a candidate needs to submit all the previous
    H1 Approval notices.

    I couldnt submit my previous 140 approval notice since it was during 2000-2001. How important is the previous H1 B approval notices for a 140 approval ? . I submitted the current approval notice which is from 2006-2009

    Rajesh

    Hello

    We normally submit all the previous H-1B approvals with the I-140 application. I am a bit confused from your post is there a gap in your H-1 B approvals.
    __________________

    Was your earlier H-1Bapproval mentioned at all in the I-140. If not I would not worry about it. Relax.





    sanju
    09-23 11:07 AM
    Emailed everyone on the list. Great Draft. Now calling my wife to send the emails. Later I will email my friends to send out the same communication. Great work Nixstor!





    Rohan99
    07-27 12:46 PM
    United States Secretary of Homeland Security - Janet Napolitano can help you.

    I am extremely interested in this business. Can somebody please refer me, I am in LA?