akred
02-16 12:53 PM
I didn't generalize. I said preponderence meaning "a lot of" cases with L1/B1/H1 and I am also not denying the fact the India is doing a great job in producing IT skills in great numbers. I am saying how they end up in America in greater numbers than any other country. China, Pakistan, Israel also produces lots of IT gradutes but they don't have the bodyshop connection to land here with an NIIT certificate.
Delusional? Quite a few European countries spring to mind before this one.
Delusional? Quite a few European countries spring to mind before this one.
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ksircar
08-21 09:43 PM
My daughter's current AP is valid till 10/3/2008. She has applied for AP renewal and finger printing is done. Now she needs to attend a course abroad starting later this month and will return to USA on 12/13/2008. Can she leave USA with current AP and return using new AP?
Please advise.
Regards.
Please advise.
Regards.
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chanduv23
02-16 01:22 PM
That is one way to look at things. The important thing is, whether the Judge looks at the situation the same way. It will be tough job to convince the Judge. If you seek legal opinion from a lawyer, lawyers mostly tend to say that you have a case expecting that that lawyer will be the one filing the lawsuit (i.e. making the money). So be careful with the idea and advise from a lawyer.
And more importantly, even if 'we have a case', do we have folks who are willing to be plaintiff in this lawsuit. Are you or Googler or chandu (because he replied to my earlier posts suggesting that we will find someone to lead) willing to be the plaintiff, or are you encouraging others (putting the gun on other's shoulder to fire) to be the plaintiff. If you see that there is chance/value in filing lawsuit, why don't you decide to be the plaintiff? Either way, if you are a plaintiff or if you know someone who wants to be one, why don't you take this to IV team.
Say we have a case, then to go to the next step we need -
1.) Someone willing to take the initiative/lead
2.) Plaintiff
3.) Resources
4.) There maybe more that I am not able to think at this time, because I no experience of filing class action lawsuit.
How to find what we need to file lawsuit -
For (1.), I suggest someone willing to give out his/her name as plaintiff should contact IV. I saw that folks are discussing this on too, but that site is not a non-profit. That site is owned by some guy who is earning good money of off the ads on his site. He won't spend resources to file for lawsuit although he has made good money off of the woes of others tracking their green card case status. So the only viable option is to get IV involved.
For (2.), if you want to see this through, then, at least one of around 180 folks who voted for filing lawsuit should be willing to be the plaintiff. If not, then someone needs to make phone calls to find a possible plaintiff.
For (3.), as mentioned above, I don't know of any one organized effort other than IV to lead such an effort of a lawsuit.
just to keep things clear - I am against this. I voted 'no'. I just complimented lazycis's enthu in my post and I strongly felt that if these folks are so interested, they can form a google group and move their discussions on there and did strongly feel that probably lazycis has the fire in him to lead :)
And more importantly, even if 'we have a case', do we have folks who are willing to be plaintiff in this lawsuit. Are you or Googler or chandu (because he replied to my earlier posts suggesting that we will find someone to lead) willing to be the plaintiff, or are you encouraging others (putting the gun on other's shoulder to fire) to be the plaintiff. If you see that there is chance/value in filing lawsuit, why don't you decide to be the plaintiff? Either way, if you are a plaintiff or if you know someone who wants to be one, why don't you take this to IV team.
Say we have a case, then to go to the next step we need -
1.) Someone willing to take the initiative/lead
2.) Plaintiff
3.) Resources
4.) There maybe more that I am not able to think at this time, because I no experience of filing class action lawsuit.
How to find what we need to file lawsuit -
For (1.), I suggest someone willing to give out his/her name as plaintiff should contact IV. I saw that folks are discussing this on too, but that site is not a non-profit. That site is owned by some guy who is earning good money of off the ads on his site. He won't spend resources to file for lawsuit although he has made good money off of the woes of others tracking their green card case status. So the only viable option is to get IV involved.
For (2.), if you want to see this through, then, at least one of around 180 folks who voted for filing lawsuit should be willing to be the plaintiff. If not, then someone needs to make phone calls to find a possible plaintiff.
For (3.), as mentioned above, I don't know of any one organized effort other than IV to lead such an effort of a lawsuit.
just to keep things clear - I am against this. I voted 'no'. I just complimented lazycis's enthu in my post and I strongly felt that if these folks are so interested, they can form a google group and move their discussions on there and did strongly feel that probably lazycis has the fire in him to lead :)
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gimme_GC2006
09-04 02:28 PM
gimme_GC2006,
Completely agree with you. Also, notice that, this has became a trend in all states
UP: Mayawati
TN: M. Karunanidhi and Jaya Lalitha
Bihar: Laloo; Started with this guy
AP: YSR has taken corruption to new heights with factionism, gunda giri, land grabing( We see a IMV member directly affected)
and many more...and who is encouraging all these..corrupt Congress leaders in the Central administration.
You forgot to add CBN, TDP etc..they are not any less..all of them are basically chauvinists
Completely agree with you. Also, notice that, this has became a trend in all states
UP: Mayawati
TN: M. Karunanidhi and Jaya Lalitha
Bihar: Laloo; Started with this guy
AP: YSR has taken corruption to new heights with factionism, gunda giri, land grabing( We see a IMV member directly affected)
and many more...and who is encouraging all these..corrupt Congress leaders in the Central administration.
You forgot to add CBN, TDP etc..they are not any less..all of them are basically chauvinists
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sc3
09-23 04:16 PM
Did it occur for a single moment that if some one gets out of the line, the line gets shorter? F Y I, This is NOT about me. This is about every one here. I did not dream of this situation which directly favors some one today. Simply, Not many folks knew it was going to be this bad. Folks who knew, kept quiet telling people that its NOT that bad. There is NOT going to be a single solution that benefits every one involved here. Let it be recapture, country limits or advanced degree exemption. Choice is (y)ours. We can decide to be the frogs in the well and pull the next frog down or we can work on making this pitch which can be palatable to sensible people, who understand the magnanimity of the situation
I am sorry, but ends do not justify the means. By calling people frogs in a well trying to pull down others, you are shutting down valid arguments and concerns.
If the only mentality is that if one gets out of line, the line gets shorter, there are various ways to achieve it (For example: just go on a killing spree targeting all EB applicants). We need something that is acceptable to both the politicians and the immigrants.
I am sorry, but ends do not justify the means. By calling people frogs in a well trying to pull down others, you are shutting down valid arguments and concerns.
If the only mentality is that if one gets out of line, the line gets shorter, there are various ways to achieve it (For example: just go on a killing spree targeting all EB applicants). We need something that is acceptable to both the politicians and the immigrants.
TeddyKoochu
09-17 03:09 PM
Yeah that might be true.
The rate at which 2004 folks are getting approved that probably only 300 applications are left for pre Jan 2005. More approvals augur well for everybody.
The rate at which 2004 folks are getting approved that probably only 300 applications are left for pre Jan 2005. More approvals augur well for everybody.
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Dalai Lama
01-24 01:14 PM
He must had already saved lot of money in India, he will live like a king after 20 months.
He should get 20 years of prison.
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He should get 20 years of prison.
Dalai lama from Tibbet
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ras
07-12 06:21 PM
I kind of see only couple of questions being answered. Is the immigration attorney answering the questions atleast those questions who have their full profile on IV?
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tikka
07-03 09:35 PM
http://immigrationvoice.org/forum/showthread.php?p=98755#post98755
Immigration Voice encourages all members to help AILF/AILA's potential lawsuit by joining them as plaintiffs and contribute funds to Immigration Voice. We will actively help AILF or other organizations in this lawsuit to force USCIS/DOS to compensate for :
1. Financial and other damages caused due to manipulation of Visa bulletins out of order.
2. Violation of federal regulations and precedents.
A victory in such a potential lawsuit could in effect may either force USCIS to accept the 485 petitions in July and accept the ones it may deny/return in July.
The outcome of lawsuit cannot be guaranteed but USCIS and DOS are certainly facing a tough fight from us as well as from AILA and like minded organizations.
Please contribute funds as Immigration Voice would need funds to finance an expensive lawsuit against USCIS/DOS should it decide to actively participate in a class action lawsuit.
Immigration Voice encourages all members to help AILF/AILA's potential lawsuit by joining them as plaintiffs and contribute funds to Immigration Voice. We will actively help AILF or other organizations in this lawsuit to force USCIS/DOS to compensate for :
1. Financial and other damages caused due to manipulation of Visa bulletins out of order.
2. Violation of federal regulations and precedents.
A victory in such a potential lawsuit could in effect may either force USCIS to accept the 485 petitions in July and accept the ones it may deny/return in July.
The outcome of lawsuit cannot be guaranteed but USCIS and DOS are certainly facing a tough fight from us as well as from AILA and like minded organizations.
Please contribute funds as Immigration Voice would need funds to finance an expensive lawsuit against USCIS/DOS should it decide to actively participate in a class action lawsuit.
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Keeme
04-16 12:50 PM
Ultimately everything boils down to corruption. Huge money is going down in the pockets of big media houses, it is so damn obvious...Hindustan times, IBN & NDTV carried pictures of Priyanka Gandhi's children for 3 days on the front page, I never saw pictures or anything on Chandrababu Naidu, Yedirappa, Badal, Gehlot, Shivraj Chauhan or for that reason anybody....these kids are more important than our grassroot leaders ? The family is talking about "Rahul kee Shaadee" and the whole media is printing that, nobody's asking them where were you and what you did in last 5 years ???
www.theatlantic.com/doc/200904/india-modi - Intresting article on Narendra Modi.
www.theatlantic.com/doc/200904/india-modi - Intresting article on Narendra Modi.
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Openarms
07-28 01:46 PM
Where are the Attorney's responses on this thread??
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desi3933
06-15 03:54 PM
........
........
1. If the outsourcing companies would pay on an avg at 80K per head for the "well qualified" people, I am even ok with their dumping their dumping the L1s here. Why is it that you guys are ok with the L1s being dumped at 40K-60K salaries ? Shouldn't they get paid high too ? This is what I am arguing for. If the outsourcing cos don't want to pay this rate, then keep them in the country of origin. No need to depress wages here. Is this a wrong thing to ask ?
......
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 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.
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.
.
........
1. If the outsourcing companies would pay on an avg at 80K per head for the "well qualified" people, I am even ok with their dumping their dumping the L1s here. Why is it that you guys are ok with the L1s being dumped at 40K-60K salaries ? Shouldn't they get paid high too ? This is what I am arguing for. If the outsourcing cos don't want to pay this rate, then keep them in the country of origin. No need to depress wages here. Is this a wrong thing to ask ?
......
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 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.
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.
.
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mpadapa
07-21 09:45 PM
vdlrao, Thanks for the great analysis.
I am using DOS visa statistics and I arrived at EB quota numbers for 2008 as 162,707. There were 22,707 unused FB visa's in 2007 based on the DOS visa statistics @ http://travel.state.gov/visa/frvi/statistics/statistics_1476.html
Typically the actual EB quota for the FY is revised in the September bulletin. I am not sure if DOS has already taken into account the new EB quota number for the Aug bulletin. If they hadn't taken into account the new quota number then we should see some forward movement in the Sep bulletin.
However the 28,795 AC-21 recaptured visa's U are talking about has already been used in 2002, please take a look at the below mentioned link for details regarding the usage of those visa's.
http://travel.state.gov/pdf/FY2003%20AppD.pdf
All the AC-21 recaptured visa's has been used by now.
For 2007 we had an availability of 226,000 Family Based Visas. But the issued visas in 2007 in Family Based are 194,900 visas. That means there are 226,000 MINUS 194,900 = 31100. These 31,100
unused Family Based Visas have been made available for 2008 Employment Based Visas of 140,000. And USCIS has 28,795 unused VISAS of American Competitiveness in the 21st Century Act of 2000 (AC21).
I am using DOS visa statistics and I arrived at EB quota numbers for 2008 as 162,707. There were 22,707 unused FB visa's in 2007 based on the DOS visa statistics @ http://travel.state.gov/visa/frvi/statistics/statistics_1476.html
Typically the actual EB quota for the FY is revised in the September bulletin. I am not sure if DOS has already taken into account the new EB quota number for the Aug bulletin. If they hadn't taken into account the new quota number then we should see some forward movement in the Sep bulletin.
However the 28,795 AC-21 recaptured visa's U are talking about has already been used in 2002, please take a look at the below mentioned link for details regarding the usage of those visa's.
http://travel.state.gov/pdf/FY2003%20AppD.pdf
All the AC-21 recaptured visa's has been used by now.
For 2007 we had an availability of 226,000 Family Based Visas. But the issued visas in 2007 in Family Based are 194,900 visas. That means there are 226,000 MINUS 194,900 = 31100. These 31,100
unused Family Based Visas have been made available for 2008 Employment Based Visas of 140,000. And USCIS has 28,795 unused VISAS of American Competitiveness in the 21st Century Act of 2000 (AC21).
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smisachu
02-12 10:17 PM
Not a bad point. I support this.
[QUOTE=hopefulgc;222625]Clear up your mind for a little while and consider this:
[QUOTE=hopefulgc;222625]Clear up your mind for a little while and consider this:
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RattuRani
06-10 09:29 PM
Don't think of it as punishment. The US wants to allow a certain number of people to immigrate each year. The demand far outstrips the supply. That's where the problem is.
There are two ways to address this:
Increase the supply
Decrease the demand
Those are the only two ways. One option would be to go for a points based system that awards the limited visas to those with the best qualifications or where the need is greatest. After all the US is in a "buyer's market" and can pick and choose those immigrants that add most to the country.
The other option (which is at present politically infeasible) is to increase the annual immigrant quotas. Tough to support this in a recession with 10% unemployment.
I'm not sure you can characterize this as unfair... ultimately it is left to the US to determine how many people they want immigrating.
There are two ways to address this:
Increase the supply
Decrease the demand
Those are the only two ways. One option would be to go for a points based system that awards the limited visas to those with the best qualifications or where the need is greatest. After all the US is in a "buyer's market" and can pick and choose those immigrants that add most to the country.
The other option (which is at present politically infeasible) is to increase the annual immigrant quotas. Tough to support this in a recession with 10% unemployment.
I'm not sure you can characterize this as unfair... ultimately it is left to the US to determine how many people they want immigrating.
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skp71
11-11 09:54 AM
I have been waiting for 4.5 years, renewed 4 times EAD/AP, spent more than 8K(wife dosen't work and having 2 kids). If there is no sub labor system, I would have got long back.
One of my friends informed me about immigrationvoice.com few months back, I am EB3 with PD Jan 2003 and currently waiting to file I-485 for last one year. It is frustrating to hear how some of the companies are bypassing and jumping ahead on the line. I thought I get some opinion; I am curious why this isn't being bunged. Although using a pre-approved labor is a legal thing, how much of sagacity does it really have? Within my little 10-12 friend circle I have had atleast FOUR people who got their GC within 8 months through this same company - KFORCE, Rapidigm Inc., utilizing pre-approved labor. It seems this company lures people with a condition that they will process their GC within couple of months, isn't this using the legal system at their business advantage.
What can we do to stop this, it is frustrating to me as I am waiting for close to four years with my GC process and been in the US for 7 years. At the same time, I see people who have been in the US for 2 years has their GC. To me this legal system does not make any sense and is a clear proof of injustice. I am thinking of talking to a legal attorney to see if this makes a justifiable case and if possible file a lawsuit for scrutiny against this company or any company that uses this facility for their benefit. May be I am overreacting and this is the reason I am posting it here to get an opinion, what do you guys think ?
One of my friends informed me about immigrationvoice.com few months back, I am EB3 with PD Jan 2003 and currently waiting to file I-485 for last one year. It is frustrating to hear how some of the companies are bypassing and jumping ahead on the line. I thought I get some opinion; I am curious why this isn't being bunged. Although using a pre-approved labor is a legal thing, how much of sagacity does it really have? Within my little 10-12 friend circle I have had atleast FOUR people who got their GC within 8 months through this same company - KFORCE, Rapidigm Inc., utilizing pre-approved labor. It seems this company lures people with a condition that they will process their GC within couple of months, isn't this using the legal system at their business advantage.
What can we do to stop this, it is frustrating to me as I am waiting for close to four years with my GC process and been in the US for 7 years. At the same time, I see people who have been in the US for 2 years has their GC. To me this legal system does not make any sense and is a clear proof of injustice. I am thinking of talking to a legal attorney to see if this makes a justifiable case and if possible file a lawsuit for scrutiny against this company or any company that uses this facility for their benefit. May be I am overreacting and this is the reason I am posting it here to get an opinion, what do you guys think ?
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santa123
07-25 01:34 PM
A question about the FB spillover: according to your data, there are about 30000 FB visa spillover from last year. But does USCIS have to use up all of them? If the answer is yes, then the September VB will very likely be current. If the USCIS only need to use up the 147000 EB and use whatever portion of the FB spillover, then September VB may not move.
Though I appreciate all the analysis and the hardwork by several folks here to get to the numbers, I am thinking that we should not get carried away and set high expectations for ourselves and others. Your confidence levels are very high, but remember there are some assumptions in the calculations and we are dealing with govt agencies... just wanted all EB2s to hope for the best and prepare for the best...
;)
Though I appreciate all the analysis and the hardwork by several folks here to get to the numbers, I am thinking that we should not get carried away and set high expectations for ourselves and others. Your confidence levels are very high, but remember there are some assumptions in the calculations and we are dealing with govt agencies... just wanted all EB2s to hope for the best and prepare for the best...
;)
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franklin
02-14 06:51 PM
Question - where are all the numbers for historical visa allocation coming from?
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morchu
06-05 02:38 PM
I guess many have mentioned this before.
Diversity should not be based on "country" as well. For example I can easily say that "India" has to be considered as "20 different countries", if it divided based on diversity. And probably many of the europian countries combined should be "1 country".
Means if the diversity quota is 100 per year, to call for proper diversity.....
2000 for India...
100 for many of the european countries combined....
(Note: I didn't mean "ALL of europe", I know that whole Europe is pretty diverse as well...)
Country based "diversity" doesn't make sense at all.
Diversity should not be based on "country" as well. For example I can easily say that "India" has to be considered as "20 different countries", if it divided based on diversity. And probably many of the europian countries combined should be "1 country".
Means if the diversity quota is 100 per year, to call for proper diversity.....
2000 for India...
100 for many of the european countries combined....
(Note: I didn't mean "ALL of europe", I know that whole Europe is pretty diverse as well...)
Country based "diversity" doesn't make sense at all.
gsc999
07-24 05:43 PM
Just amazing. No wonder e'one thinks this is an Indian forum.
srinithati
07-03 01:15 PM
I am in the 6th year of H1B. 6 year term expires in March 5, 2009.
My Company filed LC in June 2008.
Assuming my LC is cleared by this year end, I-140 Filed around Jan 2009.
Can i get 7th H1B Year extension, if my company files H1B extension by Feb 2009.
In which cases 7th Year extension will be rejected.
My Company filed LC in June 2008.
Assuming my LC is cleared by this year end, I-140 Filed around Jan 2009.
Can i get 7th H1B Year extension, if my company files H1B extension by Feb 2009.
In which cases 7th Year extension will be rejected.
