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  • amitga
    02-13 10:28 AM
    I think every body who wants to have a class action law suit should commit for $500 towards the expense. Only when we have commitment for $500 with person name and contact info, then we should move forward with the idea of Class action law suit. We need 500 people to commit for this otherwise there is no point in moving forward in this direction.

    There might be some people who will be willing to pay money but not listed as participant, and visa-versa and we should have at least 500 people who are willing to pay.





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  • django.stone
    06-15 02:12 PM
    i like this idea and you have my support.

    People need to understand that you need to give some to win some. I would like to propose to IV a kind of proposal that would be a win win for both the immigrants and the US.

    1. It is meaningless to fight for the rights of ALL the visa holders. Any such attempts would always be resisted by the anti immigrant lobby.
    2. Acknowledge their fundamental point of view that jobs are being stolen due to wage destruction and perpetual visa fraud by these outsourcing companies. Of course resist all these racist BS types. They are the just the noise in the immigration debate.

    My Proposal

    1. Support the Grassley bill in its entirety. If you notice it is those outsourcing companies that are making all the noise but not the genuine companies that use H1B for innovation purposes. These outsourcing neither follow the rules or spirit of the H1B/L1 visas nor provide much of innovation to the market place. There is no point in expecting them to police themselves. We have tried this and they are not here to play by the rules.
    2. In fact, provide the concessions to eliminate the H1/L1 visas for these outsourcers. In return, request visa number recapture for the H1Bs who are employed directly by the companies. I strongly believe that if you are a H1B employed directly by the company (not outsourcing cos), it is unlikely that you would be underskilled or underpaid. A few minor expections may be there but we can safely ignore these exceptions.
    3. Again, people may argue that some of the consultants are highly skilled too. If that were the case, they would have been or would be hired into a permenant position soon once the Grassley bill passes. No company would like to let go of a good performer irrespective of whether they are permenant employees or contractors.

    If you notice, some people echo the sentiment that the Grassley bill would lead to more offshoring. That in my opinion is absolute BS. Only low level jobs would be offshored and in my opinion a h1b visa should not be used for these low level jobs. The high skilled jobs would always stay here and they would not be under wage pressure. The best and the fittest would survive and get the same.

    I strongly believe that by providing these concessions, atleast the skilled immigrants would be sparred the trauma of this mindless wait for a GC. I wish to reiterate here that I am neither anti immigration nor anti any ethnicity. I am simply trying to reiterate that we need to lose some to win some. There is no point in the Indian style of negotiations of win all or win none. Let us adapt to the give some take some style of concession building. In this process, it is okay to give up on the interests of those blood sucking outsourcers. For this, I am willing to provide financial, logistical and intellectual support.

    By following this route, we prevent wage destruction which is what the anti immigrant lobby is clamouring about. It is a win win for all and a lose situation for the blood suckers





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  • snathan
    01-16 01:36 PM
    And who is asking your advice ? This is usa and I have a right to express my views.If you don't like it please ignore my post.Who has forced you to read my post ? Who is stopping to go back to India ?

    You are not expressing your views...You are just spewing your venom and hatred. You are an ideal fit for loser's guild. I am not the one talking all BS about my employer and claiming gladly will back to India. Its YOU... if you dont remember what you are talking..I pity you. Did anyone force you to work for your employer? It was your choice and why you whine now.

    I dont want to waste my time with your garbage. Have fun.





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  • delhiguy
    01-05 04:50 PM
    Moderators , Pls delete this thread. Why is the thread posted on a immigration forum. :mad:



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  • qualified_trash
    05-17 06:11 PM
    Hello Friends and my fellow GC awaiters..
    I have my labor pending for the past 3 yrs (my PD is Aug 2003) and have been waiting for ever. Inspite having a Master's I did filee in EB3 just because I work for a large company which does not allow to file in EB2.

    Anyways, I came across a company who said that they have a pre approved labor (late 2002) priority date. Is it wise to go for it or wait for something in EB category to move ahead?. I have at least 1 yr 3 months on H1 and will not have any other options except to stay in the company after 3 months.
    Is it worth taking the risk and go with the labor substitution?
    The second question/advice I'd like from you is:
    If I go back to the same company after 6 months because of some issue with the labor can I still preserve my 2003 PD?
    Pls let me know your opinion.
    Thx a lot guys.

    Hope is a good thing, maybe the best of things. And no good thing ever dies
    1MoreDesi !
    I personally know of 2 friends - live within half a mile of where I do, who got their GCs using labor substitution. If the lawyer and sponsoring company are good, go for it. Keep in mind that this is going to go away soon.........





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  • ocpmachine
    09-15 10:43 AM
    This thread is getting very interesting with all the logical calculations and predictions, thanks OP.

    One aspect that was missed in the discussions so far is, during Aug-Sep'08 many folks with 2005/06 PD's got their GC, USCIS picked these cases on random and not sure how many with 2005/06 PD's were approved but it a sizeable number, so this reduces the pending numbers for 2005/06 PD cases as well. I am predicting by Sep'10 we should see all of 2006 PD's cleared up.

    -Cheers



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  • sathweb
    02-15 07:18 PM
    Please stick to subject of this thread.
    or
    Please some one close this thread. Its already old news.
    (Its going out of control)





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  • moonrah
    02-12 11:49 PM
    not only monetary, emotional and mental loss, the hassle all have to go through during visa stamping everytime we go out of country (like recent PIMS delays causing troubles in jobs), something has to be done or we are going to be just barking dogs.



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  • eb3_nepa
    10-23 11:34 AM
    Hello everyone.

    I was wondering if someone could point me to how exactly labor substitution works.

    Before anyone starts jumping down my throat, i am JUST looking for documentation on the full process and I DID try looking on the google.

    If someone has any article on labor substitution and how it works please post it on here.





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  • a1b2c3
    06-01 02:12 PM
    Guys,

    I have been working here for 9 years and next year we plan to return back to India. I spoke to SSN customer service to find out my retirement and survivor benefits. Being an Indian citizen, all these are available only if me, or my dependants, have a valid residing status with the US, at the time of making the application. The contribution at this point is like getting a right to work. This is outrageous.

    We all have been legally invited into this country for a work, and that means the US gov should protect our legal and fair interests. It is universally true that everyone works to protect his family. Now here is a case, where I have no right to my retirement money just because I dont have a legal resident status. Whose fault is this. I already made the application 6 years ago. If my home country does not have the comparable SSN structure, then return the money back? We will pay the taxes and take the money back. Our kids need it.

    I dont know what is the appropriate channel to get this fixed. This appears more like human rights violation, or abuse. I am sure there are many in this forum who are in the same boat as I am. Can someone team up with me to do more research or share your discoveries.

    To the US, this is what I got to say:
    =======================
    If you want to protect the jobs for your people, please do it. You have every right. But please dont dump the people you officially invited to augument the workforce of your country into the waters. Before you bring in additional workers to support your companies, do necessary corrections in your immigration policies to let them in only with green card. Dont strangulate their careers. Your existing policies have been burning the aspirations and careers of a lot of innocent people from India and China.

    To those innocent legal foreign workers that have already gathered 40 points in SS, you owe them. They deserve citizenship, not green card. I know it is jumping across multitude of issues, but is it not fair.

    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?



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  • pmb76
    04-01 03:33 PM
    The BJP is the only party that can lead India in a sane manner. The various issues that stand before India :
    - Free market reform that has been strangled by the communists and congress
    - National security . For the congress and other so called secular forces - criticizing terrorism/pakistan is tantamount to criticizing Islam. They jail Varun Gandhi for making divisive comments(agreed that the comments are in bad taste) but what about the Imam Bukharis and Mulayam singhs who make divisive comments every single day.
    - The concept of nationalism and pride was first felt during the years when Vajpayee was PM. To be honest I never felt proud to be Indian until AB Vajpayee became PM
    - Infrastructure development. The BJP is more free market than any other party. the Vajpayee administration started so many infrastructure schemes like the golden quadrilateral national highway and various others.
    - The BJP is the only party with true nationalists. You may blame them for being right wing hindus but they have more secular credentials than the congress or other so called secular forces. Now let's get this straight - Radical Islam is the biggest threat to world peace and the BJP is the only party at the national level that recognizes this threat.

    Agreed that there could be corruption in the BJP/NDA as well but atleast you know what you are getting into. Manmohan Singh is the weakest PM India has ever had whose sole goal in life is to please his masters - the Gandhi family.
    All in all you will find faults with everyone - you have to back the least of all evils.





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  • bagha
    07-11 10:56 AM
    Here's my situation:
    On H1 with company A since 2001. Current extension is valid till July 2010.
    Eb3-India I-140 Approved, Filed I-485 more than 180 days ago.

    Now I want to transfer my H1B using AC21. My questions are:
    1. If my current employer revokes I-140 what are the implications on my I-485?
    2. If I don't get my green card til my new H1B (after transfer) expires, do I get another extension even if my company A revokes my I-140?

    Thanks in advance.



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  • Macaca
    07-03 09:50 PM
    age out situations for children too ....I think that affects lot of people too..I am single and dont have kids :D
    I don't know about it. Anyone with details should post summary.

    I think it is not relevent for EAD/AP but we can use it when we need it





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  • villamonte6100
    12-14 02:39 PM
    I think you are taking it so personal. I am not opposing this idea. In fact, I suggested to check with your immigration lawyers and share what they say.

    All I'm saying is that, in my personal view, I don't see any discrimination on the existing law you are pointing out. I don't see anyone being discriminated. It just so happen that we belong to 4 countries affected by this quota.

    If we can ask the US government to probably give exception to us, I think that's one idea. But that's absolutely remote.

    My country of origin has got nothing to do with what we are talking here. You are taking so personal because you might have been waiting for your GC for quite sometime. Well, we are just on the same boat.

    This is an open forum my friend. So please take it easy.


    Villamonte,
    Just so that we can understand the background of your continues opposition to this idea, could you please let us know your country of origin? Also some information about which state chapter you belong to will be great if you don't mind. :)

    Thanks.



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  • rajuram
    05-31 04:20 PM
    --------------------------------------------------------------------------------

    Do these figures include dependents??





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  • amitjoey
    01-13 04:14 PM
    Once upon a time in this country ( & based on situation 'at' that time), laws were made and hence some classifications such as EB1/2/3 etc;
    I'm not here to waste any one's time( including mine) but why shouldn't we ( i mean IV which includes "all" members) try for following
    1. Automatic consideration of any EB3 after 5 years of filing date of LC ( conditions being verifiable and clean work history ) to EB2 such as a person in the queue shall be able to apply him/her self by providing facts such as 5 years of W2s, say for example.

    2. Any spill over from ROW must "first" be made available to "highly retrogressed EB category" regardless of the country. Simple rule: make the spill over available to "that" EB category where there is most retrogession.
    Meaning not the vertical spill as it is happening now

    AND

    3. Remove the count of dependent family members against number of visas granted per year in any of EB category



    IV already has easy, non controversial provisions that takes care of all.
    1) Recapture all lost visas.
    2) NO Country caps
    3) Do not count dependants.

    Just these 3 will make all categories current.



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  • akred
    02-15 07:26 PM
    My point is that the immigration laws of the United States were racist until the 1952 INA act. They specifically placed quotas on people based on the color of their skin. Today's restrictions, while bizarre, unreasonable and unfair in many ways, cannot be defined as racist.

    Sure it is. Check the UN definition.

    http://www.unhchr.ch/html/menu3/b/d_icerd.htm

    ...any distinction, exclusion, restriction or preference based on race, color, descent, or national or ethnic origin which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of human rights and fundamental freedoms in the political, economic, social, cultural or any other field of public life.





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  • ss1026
    04-20 07:05 PM
    When Gadnhiji advocated secularism for India he did so because he believed in "Sarva Mata Sama Bhava"(The equality of all religions in which most of us believe).

    When religious conversions are made fundamental right as per constitution the word 'Secularism' became a farce.A farce used by religious groups (that use either terror/deceit,abuse for conversions) and also by Macaulian Indians

    (Today in India Hindus&others are 70%,Muslims 20%, Christians 10%)

    Once the head count , behind which most of the religious groups are running is reached , once the figures are toppled then the mantra will be dominate and destroy(as what happened in rest of the world be it Latin America or else where, stands as example), not secularism which will be reduced to joke by then.



    A quick fact check : Muslims are about 13.5% and christians are about 2% of india's population. So instead of 30% of india belonging to these two groups per your numbers, it is actually closer to 15%. Right wing extremists group use these exagerrated numbers to drive more gullible people into their communal parties. But you get those numbers from VHP/RSS. Check it tomorrow and it could be close to 40% !

    It is religious freedom, not religious conversion. And thanks for enlightening us about the global plan to decimate indians by racking up numbers on their side. Are all of the indians coming to US have a similar plan because I am not aware of it.

    Spreading fear and hatred using lies and stoking communal feeling to get votes is nothing new. Seeing educated people do it with such fervour is new.





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  • NKR
    02-15 06:34 PM
    probably true but because most of them are on H4 which means someone else in their family is H1.

    what will they do at home anyway?. wouldn't it be better if they be allowed to work than force them to go and study?





    unseenguy
    08-18 06:00 PM
    I do not know why this issue is more important for people to discuss. Just because Mr Khan is asked to be a common man? He is not a world famous actor. He is a famous actor to a very very small minority Indian Community in USA. Why should USA give VIP treatment to any star actor from any country of the world? If he was an official ambassador/senior diplomat/Minister, it us understandable. He is simply coming to USA to make money. He will still come again to USA to make money even if he is strip searched again and questioned for more than 66 minutes. Indian government seems to have crossed the line by complaining. This VIP culture that is so prevalent in India needs to change.
    If Indian government really wants to complain, why are they not complaining against the long wait periods for H1B stamping in India. Ordinary Indian citizens going to India for stamping sometimes have to wait several months in the name of security checks. This takes a toll on their life and job in USA. There are several other issues Indian Citizens face in USA. If Indian government has chosen to interfere with the internal matter (in this case national security) of USA, why is it keeping quiet on other matter of importance to its citizens? Indian government needs to stick to its policies and not bend its rules for VIPs.

    As someone said, if his intention was to publicize his new movie and make more money from his share of profit, he may have succeeded.

    I agree with some points here and I dont with others:

    First of all, whether a person was traveling in official capacity or not was he profiled? Because of his name , skin or status? Whatever it is.

    Second, if we give same treatment to brad pitt or tom cruise, would it be acceptable to americans and you too. Would it be a process or would you then dismiss it as nonsense and inefficiency of Indian admin? How you see things in perspective is also important.

    Thirdly, Shahrukh, though not an official and is here making money, is a high profile person. His case and this incident , embodies the unreasonable and insensitive treatment many many commoners get by hands of inefficient US administration.

    You pointed out right, hundreds and thousands are facing security delays, stamping issues, issues at POE etc. Thats what this incident highlights.

    If a high profile person from India, Shahrukh, faces so many problems, then people can imagine the troubles of the commoners.

    I would see this as a "representative" case for many Indians and highlighting it would give some negative publicity to CBP and restore some "common sense" in general.





    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.