Friday, August 5, 2011

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  • snathan
    01-15 04:03 PM
    No this rule is not against the H1B. Kindly read the rule. This rule is against body shopper and who do all kind of illegal activities. No pay on bench, 80-20 , no LCA ,no value addition etc etc. Their whole existence was questionable from day one. Why don't they do the same business with GC holder or US citizen ? Because they are not required in food chain of consulting. Period. Check out people from one state of India buy H1b . I will use the word buy. It's like buying air ticket along with visa fees to come to usa. USCIS is nailing there.
    Do you think that purchasing H1B visa is Okay as per us rules ? It was never legal. It is not that they made a new law or changed a rule. They just said , we know where was the hole and they put some bricks there. So your logic they will do to EAD and GC is pure speculation. Yes during second world war they arrested people with Japanese connection.
    They have not banned H1B . Period. Why I am happy ? Because now there will be direct relation between job and H1B. No illusion of fake job. Second, now only good companies will be their ( Accenture , deloitte ) and they will need H1b consultant. Mark my word, US companies can not live without H1B and they will hire H1b directly and will sponsor them.
    These companies will never bill below a low limit. The Indian body shop and their gulam agree for any rate ( yes even10$/hr for tester job ) and kills the market. It will usher a new era ( good ) for H1B. Due to these cheap desi dallas real companies never felt the need for sponsoring H1B. In my own case , the client did not give offer to perm because I was cheaper in contract to them. Finally when I resigned and on last day of my 2 week notice period client offered me to sponsor H1B. I refused as some one else had already filed my H1b and I continued there. I am happy for the beginning of this new body shop free time.

    What about the legitimate people who didnt buy the visa and due to USCIS, struck in GC black hole...? Do you have any way to segregate bad apple from good one. You just want to throw the baby with bath water. Period.





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  • hiralal
    06-11 10:34 PM
    your views are correct and analysis looks o.k. too the problem is even the genuine ones get flushed away ..survival of the fittest is not working now at all !!! say a person from worldwide comes in eb3 and say he is just a car mechanic (I know few from south korea who are in this situation) ..they get GC faster than Indian / Chinese EB2 / EB3 applicant (with 10 years experience and good bank balance)
    and Karma means ..do your work / duty and don't worry about results ..we need that ..i.e SEVERAL SMALL Campaigns (since big is not possible now due to members leaving IV / getting dejected that nothing is happening etc etc
    let us not analyze and discuss too much ..we talk a lot and hence the karma that we get is more talk from so called Experts ..lets do numerous small campaigns ..at the very least people will start coming back to IV plus new memberships





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  • santb1975
    02-13 04:16 PM
    This is my first post which was not positive. I am backing up :). I am proud to be part of IV. I beleive in this cause.

    Buck up :) We all go through it. I never take it personally. I would definitely be happy if more and more members come forward and help, instead of "missing in action" when needed most.

    We would be really happy if new members come up and take initiatives (i am now keeping my messages positive :) ) , more active members, more strength.

    participation is contigeous, all we need is some self motivators and self starters to kindle the fire.





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  • ssharma
    07-08 09:34 AM
    Is there certain minimum "safe" numbers of days one has to stay with the sponsoring company after getting the EB Green Card.
    In my case I have been working with my employer since Sept-2001 (almost 7 years). My GC labor was started in Dec 485 filed in May and GC approved June 24, 2008.

    I was in the middle of changing jobs using AC21 just before my GC got approved, hence this urgency. How soon can I join some my new job ?

    Thanks for your time.



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  • H1BinNY
    07-04 09:46 AM
    Anybody who got contact at NPR or anybody who want to take a challenge and work on contacting NPR and telling them about our story.

    http://www.npr.org/about/pitch/

    NPR - this might help

    Matt Gallivan
    mgallivan@npr.org





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  • LostInGCProcess
    09-23 04:24 PM
    Hey! I like the idea and totally agree with you.



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  • villamonte6100
    02-18 11:17 AM
    (1) There was no shortage of laypeople and even attorneys who asserted that "USCIS isn't doing anything wrong they are just following the law" when it came to FBI name checks. Fortunately for all of us sharper legal brains and sharper judges prevailed, and brought us to this happy day.

    (2) On Class Actions: Villamonte, have you read the Mocanu decision (http://www.bibdaily.com/pdfs/Mocanu%202-8-08%20LEXIS.pdf)? If not I encourage you to do so -- that was just individual cases being consolidated, but the situation is not very different -- you should pay particular attention to the part where Judge Baylson recommends a multi-district class action litigation to deal with all the other name check cases (see p. 16, para numbered 6).

    The parallels between the those cases and the one being proposed are very strong.

    Judge Baylson is not the only judge who has recommended a class action approach to these issues. IV members should also be aware that all we need are a few named plaintiffs, it isn't as though every IV member or even everyone wanting to sue needs to be a named plaintiff. All the judge needs to recognize is that there is a large group of applicants with same or similar grounds for suing USCIS/Emilio Gonzalez. Edit to add: IV the organization doesn't even need to be the primary plaintiff, since that will necessarily cutoff any parallel discussion with the agencies. The IV forums are just a place to organize this.

    (3) Preliminary Ideas on the Grounds for Suing (courtesy lazycis):
    The grounds for suing USCIS is the same as in Gonzalez v Howerton -- (a) interpreting the law incorrectly (b) not following the statutory requirement that they use up all the greencards available in a given year and therefore being guilty of affirmative misconduct. At the very least, a judge is within his rights to make them make amends -- by recapturing 2003-2004 EB greencards, since they wasted them as a result of their affirmative misconduct -- they waited for name checks or simply not processing applications - no one can say there wasn't an application backlog in 2003-2004.

    (4) First Steps
    What we need here is to get this matter before a good legal strategist who is familiar with (a) the two sources of affirmative misconduct (FBI name checks and cessation of processing in 2003-2004) (b) precedents and caselaw (note that most immigration law firms are good with filing paperwork, but not necessarily complex litigation, so forget about the usual suspects.) The perfect legal argument will not sprout up immediately. In the same way that the legal arguments in the name check cases were honed over time (lazycis can confirm this), this too will need some serious research and thinking.

    Those of you who want everything about this case sorted out, signed, sealed, guaranteed and delivered this week will need a reality check. :)

    As will those of you who think that the way to approach this is to discuss these issues without familiarizing yourself with facts and legal precedents in some detail (so arguments about slavery etc are not the ones that will win the day in court, it is arguments that can show that USCIS was not interpreting the law correctly and in doing so caused harm and that the harm can be remedied through recapture.) -- if you want to see how a case like this will work read Mocanu and Galvez. This case will not be a dramatic movie-style civil rights case about slavery, it will involve the most tedious sort of nitty gritty discussion of admin misconduct.

    OTOH, for most of us, all we've got is time -- I do not foresee my Jan 2003 EB-2 India PD becoming current any time soon. I'm prepared for a long legal battle. I'd rather do something constructive** that will likely change the process than sit and wait and mope.


    **: Yes, I've sent off my letters too. I think of these two things as complementary projects.

    Neither of us are lawyers and I wouldn't even bother reading what you wrote. All I can say is, why don't you ask your immigration lawyer about this Class Action. Let's see what he says.





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  • Macaca
    07-03 09:27 PM
    Done.. Thanks.
    Ramus and Tikka,

    I did not follow the 100 page thread. It has more issues that I must have missed. Please collect them and keep checking if I missed any issues. Thanks!



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  • snram4
    01-18 01:07 PM
    I do not know any information about potential lawsuit ,lawyers view etc. Many members are similar situation.How can you expect contribution?

    How much you are ready to contribute for the law suit. Dont you have any job. Once you get your GC what are you still doing here. just eating everyone's head. Are you adding value here. Please go away.





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  • bfadlia
    02-19 02:28 PM
    You guys see everything wrong with us. If the spouse works, you will say they are taking away your jobs. If they study, you say that they pay instate fees where as you pay international fee. If they do MBA and become your manager, you will say that not only they are getting jobs, now they are bossing over us. If they stay at home, you will find wrong with that too saying that they are not doing anything but are getting all the benefits..

    It does not matter if spouses stay at home and lose years of salaries which translates to more than the international fees that some people pay. It does not matter that we have to face hurdles in each and every step of the way, be it when getting medical insurance or life insurance or while traveling. We have to renew visas every year by paying thousands, we have to renew our licences. We have to go for visa stamping even if we have gone for an emergency visit. We have to remain in the same job without growth, without promotion. Do you know it is not easy for a H4 person to get a credit card to start building credit history?.

    If you have a solution to reduce all of our pain without increasing the waiting time for ROW people say it here cause that is what we need and what USCIS will appreciate. You do not have to bring corruption and all that crap into picture. That can be another discussion. If I have to pay fees to get some things faster then I will call it nothing but organized bribery within legal framework. That is what is happening in countries which you say is less corrupt, but then why do you care, you enjoy your soccer game....

    NKR, my friend, i'm puzzled, u speak of in-state tuition, visa stamping, life insurance.. how is that different for ROWs from others, we are all the same in that, we are all the same being skilled immigrants all of us, when i complain that someone says indians and chinese are here in larger numbers because they are best and brightest and ask them to be sensitive it doesn't mean that we all suffer the same hardships.. when i state the fact that bodyshops contributed to the longer lines for some countries i don't say i'm indifferent to your suffering, but i also say it can't be fixed by making another group suffer
    peace..



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  • vdlrao
    09-15 12:17 PM
    This is the monthwise total for Only PERM for India for year 2005 and 2006.

    Month EB (INDIA) # Approved
    Jan,05 0
    Feb,05 0
    Mar,05 1
    Apr,05 24
    May,05 133
    June,05 535
    July,05 794
    Aug,05 1313
    Sep,05 1316
    Oct,05 1212
    Nov,05 1541
    Dec,05 1771
    Jan,06 1788
    Feb,06 1729
    Mar,06 2224
    Apr,06 1635
    May,06 1876
    June,06 1902
    July,06 1574
    Aug,06 1317
    Sep,06 963

    PERM 2005 (All EB2+EB3) for India is 8640
    PERM upto Sep 2006 (2+3) for india is 15008
    So the movement depends on the spillover to EB2 india. I assume if it is in the range of 15 to 20K then it will move upto mid of 2006 by end of 2010 for sure.

    If the spill over is in the range > 20K to EB2 india then it will go to September 2006.

    How did you say that are Only EB2+ EB3?





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  • ItIsNotFunny
    03-18 02:59 PM
    How much are you paying to get the pre-approved labor? The law to ban it is coming soon. So you may have to do it fast.

    Thats true. By the way, I saw Janak saying somewhere that labor substituion should be banned. Its nice to see that he changed his mind. Of course I do believe that it should not be misused, sometimes it saves your life here which is more important if you are with family and trying to settle down here.

    Anyway, before OMB approved substitution ban, file ASAP.



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  • logiclife
    05-10 04:13 PM
    There is a lot of debate going on here, about how Canada and Australia have a better immigration system because they are points-based self-petition systems compared to employer-petition system here in US.

    I believe the employer-petition system is still the best system to implement for immigration. Its complicated, long and provides breeding ground for exploitation. But that is the ONLY way to ensure that the workforce is not oversupplied with labor and the immigrants who can gather points actually have the ability to get jobs.(look at Canada where Ph.Ds who aced the points sytem are inept in real world and drive taxicabs and blame the Canadian Government).

    If I score 100 points out of required 50 or 60 points for Canada, its all meaningless if I am inept and cannot get a job. However, I would contribute to my own well-being and to the workforce and economy if I can find a job and an employer willing to petition, even if I score 25 points out of required 50 or 60.

    US has the best immigration system and I believe the employer petition is the best method for adjudication. However, it has its problems in terms of delays due to bureaucratic inefficiencies and inadequate annual quotas. If Australia, France, Germany are going to adopt the Canadian model of points-based system, its not goint to help them or the ones who go there.





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  • rock
    05-25 12:41 PM
    Did you send your web fax today?

    Please do

    Thank you

    Have you got the Canadina PR? If yes, how much time it took for you get the canadian PR? I believe we need to write the english test also to apply for Canadian PR.



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  • eager_immi
    07-11 01:57 PM
    Well said, forget the premiums if you fall sick you know there is constant co-pay for both doctors and medication, then lot of insurance you are covered only 80% till you hit some 3000 out of pocket, so you need to add that as well. Please watch SICKO (ofcourse canada has more wait time but that is bc 20% of the people in the US are unisured and they are not in the queue so that automatically reduces the wait time in the US)

    Every time I hear "Canadian taxes are so much higher", I respond back with "really ? how much are you paying a month for health insurance?". I suggest a typical breadwinner with spouse + 2 dependents is probably paying $500 / mo + in health insurance premiums. Add that $6K / yr to your US tax bill, then compare it to your Canadian tax bill. ;)

    - GS





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  • alexanderthegreat
    10-17 09:34 AM
    Hello everyone,

    Those of you who had gone thru this process may be able to help me. My 7 year old daughter is a US citizen. If my family applies for Canadian PR, do I have to apply for PR for her also?. I have heard that US citizens do not need any permission to live in Canada. Any insight is appreciated.

    Thanks
    alexander



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  • krishnam70
    07-10 01:42 PM
    Wish you the very best byeusa......

    I might be moving to Canada next summer if there is no progress in my case here...My PD is Nov 2003 EB-3...I got my Canadian PR in May 2005 and I have until May 2008 to move.....So keeping my fingers crossed..I too work for a Canadian company in US.....Wish you good luck...


    we have until july 2008 to move in to canada, lets see its probably bye bye usa if something does not happen until then. tired of waiting for this elusive GC, my story is verry verry similar to byeusa..





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  • gdilla
    07-11 01:51 PM
    And don't forget 9month maternity leaves, and if you're unemployed, you still get healthcare, and the generally better public education, not to mention generally cheaper and excellent post-secondary education....

    Every time I hear "Canadian taxes are so much higher", I respond back with "really ? how much are you paying a month for health insurance?". I suggest a typical breadwinner with spouse + 2 dependents is probably paying $500 / mo + in health insurance premiums. Add that $6K / yr to your US tax bill, then compare it to your Canadian tax bill. ;)

    - GS





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    01-28 12:24 AM
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    sk2006
    04-01 12:02 PM
    Has anyone asked you to read this? You clicked on the link yourself. If you are not interested in this thread, why dont you read something else instead of giving a hollow suggestion.

    You Idiot,
    When you keep updating this thread it keeps coming on top.
    I ignored it for a few days and finally clicked to see what the Fuck is going on here.

    Now it seems even moderators are joining this madness.

    If infighting keeps continuing on this forum and you keep discussing non-immigration related topics here, you will never get your green card. FOCUS!

    It is strange that you all want green card so that you live in USA but pretend to be SOOOOOOOOOOOOOOO concerned about Prime Minister of India and then start blaming each other..

    No wonder NumbersUSA etc are succeding..


    Pappu,
    Please remove my profile and user ID from the system. I can't be part of these morons. I shall get my GC when I shall have to get it. I am not here to discuss non-GC related issues. There are many more forums to do that.





    newtogc
    10-03 01:54 AM
    Hi All,

    One company offered me pre-approved labour, with PD as Dec-2004. They are mentioning that I can file i140 immediately as soon as
    my H1-B transffered to new company.

    I have been hearing the news about LC substitution elimination from DOL.
    Has they announced any dead line for filing the Labor Substitutions ? or expecting soon.
    Has they announced any validity period on approved LCs to regularise this process?
    If yes - How is it going to effect my case?

    Is it better to take this LC( all the criteria required for sub is matched) or apply a new labour under PERM process.
    Currently I am in my first H1-B and valid till Oct 2007.

    Please need experts advice in this regard.

    Thanks,
    BNR.