Saturday, August 6, 2011

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  • unseenguy
    05-29 02:54 PM
    No one is arguing that lot of EB1Cs do not deserve the classification, however; that is not the root cause why we are backlogged. You might get 1000more visas , you would think but at the end of the day , you will close that gateway as well. 1000 EB1 visas are not a major relief for us. And if you think that will resolve the issue, you are mistaken.

    There is a political decision to backdate the country dates and hence even if you take up Eb1 issue, they will close that line as well, but those visas will not translate into more visas for us. Bureaucrats can come up with gazillion excuses as to why spillover did not happen such as "there is now demand for religious workers".

    So do not deviate the focus of the community. Our purpose is to get our GC, not stop someone else from getting a GC. Thinking otherwise mean , divisive and selfish mentality! or plain jealousy. Has anyone stopped you from working for Cognizant?

    We need transparency and better predictability in the whole process. Someone said Oppenheim knows more than many of us. My question is why should we trust him? Shouldent there be a system that gives clear picture to everyone?


    Bottomline is we need to choose our battles! EB1 is not the battle we need to fight right now.





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  • go_guy123
    06-14 05:58 PM
    You have got the same Indian mentality that most of the people here that once we got a GC and citizenship let us close the doors behind us.

    ....
    Who are you to judge the people coming after you that they are not skilled or the best and brightest.



    Well he is a permanent resident of US and soon to be USC and majority of US citizens
    want reduced immigration to US and can vote in elections accordingly.

    Immigration is such a hot topic I dont see Obama doing anything before his second term.





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  • santb1975
    02-12 10:56 PM
    How about everyone who came up with this idea on this thread. Why should IV core or murthy or someone do this ?





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  • gagbag
    07-11 12:55 PM
    http://www.ilw.com/articles/2007,0710-lee.shtm



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  • _TrueFacts
    09-04 11:26 AM
    If you and other who have problems with this thread, don't like this discussion than why do you guys bother to come on this thread, just ignore it....

    Right on point again by vivid_bharti,

    How does deleting this thread improve immigration?Does deleting this thread bring back YSR? If some people are discussing a topic, let them do so..if you have point contribute a line or 2 to it.

    I rephrase: The reason we even discuss these things here other than immigration is because we have immigrated and we have a common bonding.





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  • jsb
    06-02 12:43 PM
    Best wishes to you and sorry to hear this. I thought everyone was entitled to SSN after 10 years of work in the US.
    Do you need to have a green card before you qualifiy to get your SSN back?

    Better get it cleared. As far as I know, if you have earned 40 quarters (worked in the US for 10 yrs), you are entitled to get SSA at your retirement irrespective of your status. There are some exceptions, but for India/China citizens living in their home countries, they will get it. Of course, 25% non-resident tax will be cut at source.



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  • raveen
    08-02 06:02 PM
    Hello sir, I am on H1B, a new company is hiring me and they have little knowledge about h1b issues, my h1b transfer is not filed yet, they are 100% sure that they r gonna hire me, but I haven't decided whther to work with them or not, the other day I went to their office to fillout the application for background check but they made me fill out all the forms that a candidate has to fill during the hiring process, they went ahead and filled my I-9 and w-4 forms too. I was thinking that it's all a process of pre-hiring,but after coming home I did a little research and found out that I-9 has to be filled after they transfer my h1b, do you think is it gonna be a problem?I e-mailed them not to put me in the system, did I violate any law by getting hired by them before even my visa transfer process is started?ofcourse I didn't start my work and I am not going to start until my visa tranfer is done. The employment is at will and I didn't sign any contract with them, do you think they will create any problems for me in future(if they want to)?b'cos I haven't decided to work wth them yet and I may tell them that I am not gonna join them. Please advice me I am really tensed.
    Thanks in advance





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  • logiclife
    05-10 05:04 PM
    I am talking from a broad perspective, not IV's goals.

    IV never had a goal of asking for a points-based canadian model of EB immigration or asking for self-petition system where EB applicants apply for greencards independent of employer. Even if we want and ask for it, it would never happen - for the very reasons I mentioned above. Firstly it would oversupply the workforce with people who may or may not fill jobs and secondly the protection of native-born cannot be achieved without employer-petition that involved labor cert.

    So politically, its almost impossible to get rid of employer-petition for all EB applicants. Maybe STEM/PH.D etc candidates will get a shot at such a provision in near future, but not everyone.

    And like I said, the current system has its problems but point-based self petition is not the answer. And we are not singing a new tune. We are working hard beyond our capacities to get the same amendments introduced again that were introduced on April 7th by Senators Brownback, Alexander and Bingaman.



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  • tikka
    07-03 11:19 PM
    http://digg.com/politics/Rep_Lofgren_Issues_Statement_on_Updated_Visa_Bulle tin

    http://digg.com/politics/U_S_Withdraws_Offer_of_60_000_Job_Based_Visas_Ange ring_Immigration_Lawyer/who


    IF WE GET 100 digs on the ny times it will stay on most popular for a while.
    Also, you can DIGG the comments!!





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  • bobby
    07-04 12:51 PM
    My suggestions:
    "Door slams shut for highly skilled LEGAL immigrants in the US"
    "US closes the door for highly skilled LEGAL immigrants"
    "US isolates highly skilled legal immigrants"
    "Broken Legal immigration system harmful to US competitiveness"
    "Legal Immigration system in shambles"

    I had started working on a letter myself but will wait for yours....here's my initial scribbles fyi....

    Law abiding skilled legal immigrants persecuted by government misstep

    On 7/2/07 the door was slammed shut for many skilled legal immigrants without notice while only 2 weeks earlier these same legal immigrants had been notified that the final stage of their immigration i.e.: green card processing, could begin. This occurred not because these legal immigrants had not followed the rules but rather due to scandalous government actions. These actions have caused outrage & devastation amongst skilled legal immigrants and immigration attorneys alike who question the government�s credibility and the government�s disregard for precedent and the law. The results may be costly litigation and a class action lawsuit by the governing body, the American Immigration Lawyers Association against the government.

    Much focus has been placed on illegal immigrants in this country. Yet, the broken immigration system holds ominous consequences for skilled legal immigrants which the US needs to remain competitive and at the forefront of technological and medical development. The obsolete immigration laws do not address this need and government missteps further contribute to the persecution of law abiding skilled legal immigrants who wait patiently in line and live with severe restrictions for many years while their immigration cases are processed.

    ....I was going to continue with information on the visa bulleting and IV etc.....



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  • greencard_fever
    07-23 02:28 PM
    See this post by Nixstor:
    http://immigrationvoice.org/forum/showthread.php?p=254275#post254275

    If you ignore the VB predictions in the post, the key thing to note is that USCIS and DOS are in constant touch on a weekly basis after the July 07 fiasco. They know exactly the demand and usage rates.

    This leads me to one of the following two conclusions:
    Either USCIS has intimated to DOS that it can process only X number of cases in the next two months and visas remaining are more than that which is why DOS pushed the dates forward so that consular posts can also maximize usage OR

    The numbers remaining are very large for a variety of reasons (category and FB spill over) and USCIS has agreed to process at least a majority if not all the cases within a certain priority date - probably Jun 2006. Based on that DOS agreed to move the PD to June 2006 after also factoring in the CP usage.

    Obviously the latter is better for us - but it could be the former as well.

    See my asumptions in this thread what i said about USCIS and DOS are working closelly.





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  • chanduv23
    08-17 01:17 PM
    I cannot believe there are 9 pages (and counting) worth of sentiments, because some lame talentless guy was subject to security checks at an International Airport. I'm someone who was born India, but never lived there - however I'd think there are incredibly talented Indians here in America and worldwide compared to someone who's used to blatant exploitation / sell out of Indian culture. The guy is a disgrace. And some of you, please stop rolling over to play the 'victim' in any given post.

    You do not need to 'stand-up' for Shahruk Khan. Stand up for yourself, for every - everyday Indian Joe & Jane who've travelled from their hometowns to make a living and for a future. Stand up for the hero in you - not clownish make believe bollywood heroes.

    Why do you think he is talentless? Just because he is not an ivy league or not a doctor? He is extremely talented. Belive me - getting into bollywood and becoming so big without any support is not easy. Most people in Bollywood are either offsprings of stars and they have strong support. SRK grew popular all over the world, not through any support but by himself. So he is definitely a star.
    Do not disqualify such people. they have amazing capabilities, people listen to what they say. Look at all the good roles he has done in movies like Swades - though the credit goes to the director he is a "face" which people accept.
    If we were a smart thinking group, we will utilize such publicity to better our cause. Instead we kept bashing everything around is claiming we "deserve" good things but we do not get it so we live with it and whats so special about him.



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  • jonty_11
    07-13 01:21 PM
    mind u with bigots like tancredo winning their district every election, US is not far beind when it comes to RACISM

    Here's an article that appeared in Outlook (India) magazine 8 years ago. Apparently, the situation hasn't changed much since then:

    http://outlookindia.com/full.asp?fname=international1&fodname=19990125&sid=1

    Canada...The Grass Isn't Greener
    Outlook: Jan 25, 1999

    It's a dream gone sour. Thousands of Indian immigrants who land up in Canada are, more often than not, greeted with unemployment, racism, culture shocks...

    SOHAILA CHARNALIA

    "I didn't come here to be a chowkidar. I came here believing it to be a land of opportunity; a country that has never known the nepotism, the corruption, the shortages of India. I find I have only substituted one country for another... certainly not one set of values for another, as I hoped. " For Dr Gurdial Singh Dhillon, who was made to believe his qualifications would land him a good job fast, Canada was a real disappointment. When he did find work, it was that of a security guard. This, when the United Nations has declared Canada the best country to live in.

    Some 200,000 people migrate to Canada every year, a majority from Asia. Hong Kong heads the list, followed by India, China, Taiwan and the Philippines. According to the Citizenship & Immigration Canada report, 21,249 Indians migrated to Canada in 1996 alone. (The high commission in Delhi, however, put the figure at 17,682). For many of them, especially those who are qualified professionals, dreams die fast. The life they face is never quite as rosy as made out by money-raking immigration lawyers.

    Is the UN report the only reason for the increase in Indian applications for immigration? That, and the fact that it is easier to get entry into Canada than any other western country, says a Delhi-based immigration lawyer. Also, the fastest way of getting immigration to the US is through Canada.

    Dhillon's disappointment is echoed by others. "I should have done my own homework before I applied", rues Aparna Shirodhkar, an architect from Mumbai, working as a saleswoman in a department store. "My husband is unemployed. I am the sole earner for a family of four. Sometimes I feel like running back". For Raheela Wasim, who's gone from being a schoolteacher in India to a telemarketer here, the experience was very discouraging, very disheartening. "I started losing confidence in myself. I felt I was not capable of the job market here".

    Jobs are the sore point with Indian immigrants. The irony is, they are often more qualified than their Canadian peers, yet they end up with either no work, or with entry-level jobs that have no future. "I was not told that you require a Canadian degree to get a job here", says Paramjeet Parmar, a postgraduate in biochemistry from Bombay University. Parmar works as a telemarketer, which has turned her from an elite professional to an unskilled, daily wage labourer.
    Ditto Opinder Khosla, a mechanical engineer from India, who has ended up as a salesman. "I found it difficult to even get an interview call", he says. The Canadian authorities are non-committal about the social and economic devaluation that the country imposes on immigrants.

    "You can't come thinking you can just walk in and get a job in your profession", says Isabel Basset, minister of citizenship, culture and recreation, responsible for handling immigrants' woes in Canada's largest province, Ontario. But she admits that the licensing bodies regulating the professions need to be more accepting of people trained elsewhere.

    That effort could only come from the government, argues Demetrius Oriopolis, co-author of Access, a government-commissioned report on assessing qualifications of newcomers, a 10-year-old report whose recommendations have still to be implemented. The report suggests certain rules of equivalence should be made binding on the regulatory bodies, which are exclusionist by nature.

    But Basset won't even hear of making the regulatory bodies accountable: "We believe in private enterprise with a minimum of government checks. Besides, she argues, the exercise would cost millions of dollars".

    Needless to say, the organisations are gleeful. Only professional bodies have the ability to determine what constitutes competence in a particular profession, was the cold response of the spokesperson for the Canadian Institute of Chartered Accountants, an institution that's responsible for the unemployment as well as under-employment of hundreds of qualified chartered accountants from India. They do not grant licences for professional practice, because Indian qualifications are not acceptable.

    "What kind of society are we creating? Is it a new form of slavery?" asks an irate Bhausaheb Ubale, Canada's former human rights commissioner. Qualified immigrants work as drivers, guards. If this isn't job discrimination, what is? Dr Ubale lobbied intensely before Indians were accepted in the media. They now hold jobs as reporters and anchors, he says, but a lot more has to be done.
    While skilled men may not be able to find jobs, their less qualified wives find it easier because they accept whatever comes their way. In several cases, the wives earn and support their husbands who are busy upgrading themselves, by studying for a Canadian degree. The working wife sometimes slogs away at three jobs. Sumitra starts at 7 am at her first job, teaching immigrants English; her second job as telemarketer starts at 4 pm. She gets back home around 8 pm, after which she begins selling cosmetics and household goods door to door. Till midnight. Sumitra supports three students, her husband and two school-going children.

    The other problems Indians face here are the high taxes, high mortgage payments for new homes and the sort of hidebound laws that the benign anarchy back home hardly prepares them for. "You can't run a red light, you can't escape from a hit-and-run site even if you are just the witness, you can't smoke in public. Too many rules, so different from home", says Harminder Singh.

    Two 'Indian' practices that do exist here, however, cause immigrants the maximum trouble. They are sifarish baazi (nepotism) and mufat ka kaam (free work). The Canadians, of course, have given them sophisticated terminologies, the former is referred to as 'networking' and the latter, 'volunteerism'. In a country where you are never encouraged to 'drop in' to meet someone, where the fax, the computer or the phone is used to complete most transactions, a job-seeking immigrant often has the phone put down on him. Polite but firm secretaries block access, unless the caller can drop a magic name that can help him gain entry. It takes at least a year for even the most enterprising immigrant to get to know somebody who can help him, before he can get a job at all.

    'Networking' goes hand in hand with 'volunteerism'. Many immigrants put in a year of free service before they are given the job. Most writers and anchors of Asian origin are given only part-time jobs, paid by assignment and with no fringe benefits. The company insists on the word 'freelance' on their business cards, to make it clear they have not been hired by the company, and hence can't demand higher pay or any benefits. They can, and often are, fired at will.

    Perhaps the greatest problem in Canada is the one that is least articulated--racism. According to a diversity report on Toronto (said to be the most ethnically diverse city in the world), the year 2000 will see its minority becoming its majority that is, 54 per cent of Toronto's population by the end of the millennium will be non-Whites. Keeping that in mind, it warned, if the discrimination against them in education, employment, income and housing, or incidents of hate are not addressed, it will lead to a growing sense of frustration.

    "All our problems exist because of racism", sums up Anita Ferrao, who works in a firm. Anita has worked for them for three years and has got neither promotion nor raise. "As an Indian immigrant, you can never reach the top. They'll see to that. It's better to bring in some money here and start a business. It's the only way you'll do well here and be respected. "
    But then if life is so tough here, why do people give up everything back home and come? The answer is the rosy picture of North America, inculcated right from childhood. Everything 'American' is considered superior. Better food, better homes, better life.





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  • cr52401
    10-03 07:34 AM
    August 2003 is a good PD if it were EB2 and you could have stayed with your company. I heard in this forum from someone that, if the person is Masters graduate and worked in related for three years they are exempt from cap even though they applied in EB3 category. If this is true, it is good for you to stay in your current company and not try substitution. If this is not true and if I were you I would have gone for substitution.

    What ever you do, do it with good terms with your current employer, so you can come back and join them and be able to use the 2003 PD, if some thing goes wrong with your substitution. If you leave the company and join something else, if you think that you cannot join them back, then it may not worth it. Again, it depends on your personal situation, if you don't have a spouse who is waiting for EAD to work, you should not be risking this.


    Did yo umean if new law pass them EB3 is exempt from cap? can you give me some refrence. Also you must have master from us or other country is ok?
    Thank you for your help.



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  • smuggymba
    07-27 01:08 PM
    We guys (non-amway) will be slogging for bread and butter but we like our freedom and travel to Hawaii in economy class and stay at Motel 6.

    your response?

    gave u green just for this statement.





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  • immigrationvoice1
    02-14 01:18 PM
    You are assuming of course that all those who fall in the India category are Indians - I am not. I'm a Canadian who happened to be born in India and thus fall into that same bucket. My fellow Canadians who were born in Canada and are now in the US all support me in the removal of per country limits. Let us be more accurate and refer to this as the "mood amongst fellow Indian-born applicants", as opposed to "fellow Indians".

    With one fifth of the world population born in India, we probably consider everyone who has anything to do with India as "Indians" (as Russell Peters, another Indo-Canadian (Anglo Indian) said, "Indians - the ones from the Convenience stores and NOT from the Casinos!"), its the same thing...."Desis" would be a wider term I believe! We love all !

    Welcome...



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  • grupak
    02-13 10:02 AM
    I agree that quota system is cumbersome. It would've been much easier just to have one bucket. But I fail to see how it is discriminatory when every coutry gets an equal piece of the pie. It is a classic supply and demand issue, but it's not a discrimination. Consider also the fact that GC is a grace not a right. "Is it not lawful for me to do what I will with mine own?"

    Forget discrimination, unfairness, etc.

    First, everyone agrees that IV is working to remove backlog in the employment-based GC.

    Then just removing the country cap is not going to help as there isn't enough visa to go around. Second, just increasing the visa numbers is not going to help without removing/significantly increasing the country cap as most employment-based GC demands are from a few countries.

    IV is not the place to argue about 'us' and 'them' in EB GC. IV is to help all EB GC without discrimination based on country of birth, national origin, etc., so IV fights for (1) increasing GC numbers and (2) removing cap/significantly increasing cap.

    There is no way around it if we want to remove backlog in EB GC.





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  • senthil1
    06-12 06:57 PM
    Grassley bill will not close the door for immigrants but will decrease substanially from 200k(H1+L1) to 80k. But retrogession will go down and those 80k will have less problem in getting green card. You can chose whether to allow unlimited L1 and 125K h1b and 10 to 15 years waiting time or allow 30K L1 + 50K H1b and 3 to 5 years waiting time in green card. Which option will be better for you? If your skills are not good certainly you will not want any restrictions. If your skills are excellent you will survive whatever restrictions they put. They cannot reduce H1b below 65k as that is a part of WTO. So there is no one can block H1b program.

    Dilip,
    First, the rant on low wages does not hold water. The employer need to pay prevailing wage which is mandated in the LCA. If some employer does not pay that, employee can (and should) complain to DOL

    Second, you mentioned that you were employed for 2 days enabling you to file 485/EAD and thus you should not be termed out of status/illegal. If a company hired you for 2 days just to allow you to file 485 with no intent to have a job ready for you in future, the company and you commited immigration fraud --- a bigger problem. Also, you cannot invoke AC21 to switch employer before 180 days after you file 485. So, it still remains a mystery how you moved out just after filing 485.

    Your favor towards Grassleys bill shows you just want to close the door. Grassleys bill, if implemented will make it very difficult for even legit employers to get H1 employee. It is a kin to almost closing H1 program out of which you benefitted.

    Also, did you ever floated such ideas when you were on H1 ?





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  • unseenguy
    04-01 01:55 AM
    I completely agree with you...it was Nehru who screwed up the country.

    I really feel that you are brainwashed and immatured. Although Nehru might have made some mistakes like China war, what did India really lose in that war? And how many years since then India has had to fix the problem? You should also read about Nehru's sacrifices and his movements along side Mahatma Gandhi that earned the nation its freedom.

    Now you have chosen to be a secondary citizen/ slave in america is a different matter altogether, but many back home in India are thankful they are free and independent nation.





    kshitijnt
    05-30 01:59 AM
    Gaurav, you are right on the it. I am not saying ignore or accept, but spend your efforts there where you can get maximum return.

    like creating new quota for PHD/Masters, Visa Recapture, removing country limit from skilled EB immigration and NOT counting family members/dependents in yearly limit. If we can get even one of above done, it would give the best mileage as compared to go all after EB-1 abuse. You surely can write to CIS/Ombudsman/whoever but support IV for above efforts.

    I very much like your suggestions. Even one of this will help the community a lot. Our community should act more like an "alliance based democracy" in India that comes together to serve common purpose where everyone has some takeaway. We should exit the partisan leg pulling business soon. It is more damaging than we think it is.





    vbkris77
    09-17 11:13 AM
    When it took about 2 years spill over visas (2008 and 2009) for the EB2 India dates to move from April 2004 to Jan 2005, I am sure you could estimate how long it would take to cross a year.

    On a ballpark, EB2-I has demand for about 50K immigrant visa numbers. Last year we got 25K. I am assuming we are going to get the same number this year too. So that cleared entire 2004.

    Next year the situation may be different, because demand from other countries is less, So we could see a bigger leap and might put us in early 2006 by end of FY10. FY11 may not be that nice when economy starts improving. We could be back to square one.

    Bottomline, Without a recapture, EB2I/C will not make much progress. EB3-Worldwide is only a place holder in the very long line.

    IV members need to concentrate on the recapture, filing AOS after I140 is approved, visa stamping within USA to make our life easy.