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  • dilipcr
    06-15 03:37 PM
    The moral is GC comes to those who are lucky and apply for it. Its not true that always the best and brightest will only get GC. If the person is technically good or has good apptitue the best he can do is hang on to his job for years and also pray that his company doesn't go bankrupt (there is not fault of this bright employee :D in this case). Dilip was talking about some flush, this flush will wash all the bad apples and also some good apples.. good people also leave after getting frustrated with immigration system (of this developed nation, which doesn't keep track of its visa numbers, moves dates forward backwards by two years :D big joke They can't even predict visa dates. ) Instead of coming up with bill for fixing the credit market and financial system, he(Grassley) should concentrate more on strict reforms and more regulation for financial system, the root cause of recession instead of beating around the bush with immigration system.. He is trying to use the emotion of the local people.. those who have GC fall for such policies because they know they are ahead in the queue and more jobs will be available to them if few IT works immigrate (There are lot of jobs for citizens and GC only). I wished alteast the ones who have suffered throughout this GC journey will understand the pain of other people. Getting a GC should not change the attitude completely.

    Ivar and group,

    I think you guys are missing the plot here. Let me reiterate loud and clear. I am NOT against immigrants getting GC. I will not, even in my wildest dreams, claim that the recession is due to the H1Bs and L1s. That is complete baloney spread around by the anti immigrant lobby. My point is let the deserving the GCs soon and not go thru the mindless wait I went thru.

    Having said that I am for the following :

    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 ? Shuldn't they get paid high too ? This is what I am arguing for. If the outsourcing cos dont 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 ?

    2. Grassley's bill may force some companies to move entirely to India or China. Isnt that good for India and China ? Why are the pro immigrants against this ? Some times I get the feeling as to who actually is pro and who is anti immigrant !!!! In adition, it may eliminate the many backlogs and help the deserving people here.

    3. People who have made a conscious decision to immigrate here have done so considering the standard of living as one of the primary factors in their decisions. In order to enjoy this standard of living, people have to constantly upgrade skillsets to remain competitive in an industry or move to another industry where mass interest is relatively low. Why should these people's lives, after all the travails, be impacted by the low wage scum outsourcing companies. Please remember these companies, like an other company on earth, operate only on self interest. No point in supporting such companies which in adition to the self interest principle also flout rules with abandon.

    4. In my opinion, self interest has alwyas resulted in the greater good of society. Do not confuse self interest with greed. Greed is what caused this financial mess. If people/companies operated with concern for greater societal good, they would have spent billions in concocting an AIDS vaccine for the children in Africa than to spend the same billions in concocting VIAGRA for the rich old men. Since employment based immigration debate involves companies' interests too, we have to balance societal good with some impact for the companies. My suggestion here is that let the outsourcers take the hit. They have always benefitted by flouting the rules. If your concern is way too high for your L1 brothers then you would find it prudent to bring in the law that clearly states "Pay high wages for the L1s or dont bring them in here". I dont understand what is wrong here ? Is it that I didnt convey my message across right or is it that people blindly support immigration ?





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  • JA1HIND
    02-13 04:51 PM
    Why should we give big bucks to big names? Instead we can pay 50% to 75% of that to a bunch of fresh law school grads from Harvard or some other top law school and see what they can do?
    This way we would help young talent and also give them a platform to get their name in the front and at the same time we are not under cutting on their fees. Saving money but cutting unnecessary cost is the name of the game.

    Any thoughs or counter arguments?

    I liked your concept of approaching "fresh law school grads" but...
    If we are planning to approach with such a big task which I would think needs lot of experience in the law field and not sure if its worth taking an approach with fresh out of law school grads...I personally feel this experiment of working with fresh law school grads might be risky and I doubt if they even know any in's & out's of USCIS tricks,rules and dramas which they keep changing now & then quite often....

    As always experience counts one would choose to see how much experience they have and in this case if we go with these BRAND NEW.. fresh out of law school grads who may or many not have any winning track records might be not worth it I guess..





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  • sumagiri
    07-25 08:40 AM
    IMO, both arguments and are valid as far as speculations are concerned. It all depends on perspective. In this thread, we are focusing on statistics and calculations. I my self did lot of calculations. However, objectively looking at Ron's comments, it appears like his concern and underlying message is what if USCIS won't adjudicate enough numbers and wastes visa numbers as it did lot of times. He is basing his prediction on years of experience. With recent pressure on DOS/USCIS to use visa number, I think, they are making an attempt to use up all numbers and that will definitely bring life to our calculations. But what If they do not do that.....and their 'target' is a low number.





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  • kopra
    06-16 05:20 PM
    Dilip,
    I can Understand your frustration in this matter. Before blaming on the H1B Quota, we need to think of the grand schema in which this happens. USA is now well known as the only superpowerin this world. Lets take the example of the super-powers in history, Rome and Britain. As Ravi Batra in one of his books said,both of them had some common factors being a super power

    1) Military Power: Both these empires had the best Military in the world. They could use the military to make many of their provinces and colonies to accept their terms in doing business

    2) Both Rome and Britain used to run on trade deficits. This is because, every other countries( or colonies) were producing goods just to be sold in these empires. Their currency was the most sought after one and powerful elites wanted to hoard as much as they can.Since everybody were having so much currency, they didnt want the super-powers currency to decline in Value( which they reinvested in rome or britain to get more)

    3) Cheap Labour:Rome used Slaves to control the commodity price. The living standards of Romans were the best and people even voluntarly enrolled as slaves just to get a roman citizenship after some years.The wage of common people on Rome or Britain never rose, but so did the price of commodities. Britain didnt use slaves, but used the people from its colonies to do the work.Most of them did this voluntarily for a better pay. They used highly-skilled as well as unskilled workers from their colony with less wage to keep the price of commodity stable and cheap .They even enrolled these people to their military to fight wars.

    4) Spreading of culture and language to its colonies: Youth were attracted to their culture and it was easy to spread.Elites in these countries liked it and used to send gifts to the ruling guys. Elites were able to create more jobs , to produce more goods and services for the superpowers and that kept the ruling elites to be accepted,for some posts, re-elected and even workshipped by common man.

    These are the common character of an economic(military in case of rome and britain) super power. So if me or you or anyone among us fight against this cheap labour concept, we are not going to win. Its a character of this market and will continue



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  • praveenuppaluri
    04-01 03:32 PM
    Mirage, thanks for the correction..

    wondering what he is going to promise to people of Moradabad !?!

    Litte correction dude, Hyderabad people know this man from top to bottom, so he's contesting from Moradabad.





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  • pitha
    02-18 07:52 PM
    I don’t get the point? If somebody comes here on visitor visa and files for 485 or people here illegally flip over to EB blah blah blah then you fix the loophole, you just don’t kill the 485 measure. If you have a brain tumor then you surgically remove the tumor. You just don’t cut of the head. Your solution to oppose 485 seems similar to that. What about the people who have been waiting for for a couple of years to get the labor and I140 cleared and cannot apply for 485 now, If you get laid off without 485 you don’t get AC21 provisions to get a similar job and the whole process is gone down the drain. Why are you worried about somebody who might do something in future when you don’t even want to bother about the people who would benefit from 485 measure right now and right here?

    As you yourself suggested people from India (eb2 and eb3) should not worry about looking at Visa bulletins for the next 10 years because at current pace it will take at least 10 years. There is no company in USA in technology field which will keep you in the same position for 10 years. And you are opposing 485 on some loophole, so if I am reading between the lines people from India who have not yet applied for 485 might as well pack there bags and go back to India. Thanks a lot for your delightful insight!!!!!

    BTW I talk about India not just because I am from India but because it is the most severely retrogressed category in both eb2 and eb3.Ofcourse people from ROW will also face the same problems I described above in EB3 if they have not applied for 485



    For example the 485 filing without priority date; how many people knew that a person on visitor visa could file a 485; people from family base who are illegally here would be able to flip over to EB and come into this stream; people on L-1; f-1, etc. .



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  • msp1976
    02-18 10:19 AM
    UnitedNations,

    Your argument about immigrants favoring their kin for the employment based immigration is true...and you say that the USCIS would increase the scrutiny of each application...But it is a fact that a majority of our members, I would estimate 80% or more would very well stand up to a rigorous scrutiny...You see a lot of Indian coming in on EB immigration not because they have some kin here in US to sponsor them but because of the fact that there is a massive skills buildup in India as a effect of several favorable factors like...
    1. a large education system producing a large number of graduates...
    2. increased awareness in the population of the capability of technology wiping out their poverty...
    3. large hungry young ambitious population who toughen up in cutthroat competition...

    So I say let there be increased scrutiny.....If there are larger numbers allowed of EB immigrants even with rigorous scrutiny and prompt processing.....My particular group would emerge as a winner....

    During my education in India I have gone through so much scrutiny, I am not afraid of any scrutiny any more....I welcome it.....


    Now; some people may not like this posting. However; you need to have as much information as possible in order to strategize and talk to various decision makers. Some of them might sit there and listen to you but then when they start studying the situation they might come to know what I have posted here. if/when quota increases, it will probably be because when the intial 140,000 was set; the economy was at a different stage, population was at a different stage. The increase would probably just follow market realities (population is more then what it was when 140,000 was set and we need to adjust it accordingly).
    Reply With Quote


    When the cap is revised, I agree that 'the increase in net population' is one parameter in decision...
    But that should not be the determining dominant parameter....

    The dominant parameter should be the change in the US demographics and the needs of the US economy...Millions of baby boomers are gonna start retiring soon....The cap has to increase keeping that in mind....

    The projections of manpower deficit due to demographic shift are in millions......

    If you want to maintain the same standard of living, you have absolutely no option but to import more skilled labor....and lots of it.....


    America is barely producing babies at replacement levels and between 2011 to 2032 ...... 77 million baby boomers( people born between 1946 to 1964) would need to retire or phase out involvement in active labor force....
    http://www.teamncpa.org/main/news.php?ItemsID=165

    Doggone illegal mexicans would not take care of your high end requirements ... That is just fact of life...Now you tell me how much the EB cap should be .....


    I understand that Americans are concerned about their jobs and the whole argument... But look into the future...
    If you stop this immigrant flow and I am not talking about the mexicans...Your standard of living would undergo revision on the great depression scale on the scale of 1930's depression....You would have economic contraction rather than expansion...This would become a country of old geezers dying of hunger......
    Please forgive me for the harsh choice of words....But someone has to show you the mirror...





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  • vkrishn
    07-21 02:39 PM
    I shouldn't say "Nice to see so many bay area folsk with bad expereience". I should probably use the word Interesting instead of "nice".Sorry about that.



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  • chanduv23
    08-17 12:10 PM
    So, lets stop this here :)

    SRK says - it is a procedure but it isn an unfortunate procedure. Which in my opinion is true.

    I did go through secondary inspection once in Atlanta, GA back in 2004 and it was kinda absurd. My name did not flash on computer but here is what this officer told me "Something wrong with the Chennai computer they have not uploaded your visa information. Did you really get this visa from Chennai Consulate?". Well, being a software engineer, I did understand that it is a system glitch but what can I do? I showed him my i 797 and all documents including EVL etc..... and he said i have to go through secondary inspection. Then at thesecondary inspection they asked me if I picked my luggage, I was taken aback because u r allowed to pick luggage only after the clearance and I said "no". they had a separate "officials only elevator" to baggage claim and asked me to go through that and bring my baggage and I did that. They asked me to open my bags and I did that. Then asked me which service center approved my h1b visa? I said texas. they looked up on their computer for a while and then took my i 797, tore the i 94 portion folded it and stapled it along with the white i 94 card and said I can go. But I decided to get some clarification and I politely asked the officer, why did I have to go through this? She politely said "It is a process". I asked why did she tear the i 94 portion of my i 797 and staple it to my passport? Do I have to keep it and what is the significance. She wanted to get me off her shoulder without asking questions and said "Yes, it has to be there, it is a proof, thank you and do let me know if you have any more questions" and smiled.

    While we all debate that procedures are followd in best interests of national security, at times we must also understand what these procedures are and how do they help.

    Some argued that because of tight security another 9/11 could be averted.

    Some argued that SRK is no VIP.

    In my opinion SRK is "no matter what" a star and an icon. Those who trash him, must understand that people like him have capabilities that u or I lack and thest why he is such a star. They can win hearts of people "children, adults, youth" they can entertain you and make you happy and on top of it al for them it is life and career path and they are best possible candidates for ambassadors for anything ranging from peace to disease to unity etc.... everything because of their charm.

    SRK managed to get DHS officials to speak and atleast give a statement which we as a community never managed to but we accept all this as part of life and think why should this guy not be treated like us.

    Folks - it is not easy to become a star and gain all this popularity - it is challenging which includes a lot of dedication, efforts, luck, timing and so many different things people have to do. Life of stars is not that rosy as they "smile" and wave to people. For them every minute and second is a challenge - they are not like American Lawyers or Doctors who have ABA or AMA who control the flow and competition always keep theem rich.

    The world is a small place and we all have to wake up to reality. Prof Gates gained such traction because he was having contacts with the president. Now if not for his incident, and not for the President vouching for him we would accept "it is how things are and live with it"

    We accept everything and say "it is how things are" at workplaces, or anywhere we put ourselves down and say "It is a part of culture" we have to live with it.

    The issue with us all is "We are highly educated and talented" but we never learned those lessons in schools where we stand up for causes - we are ready to blame and bash the victim - this is what exactly we do because first thing - we do not respect a victim, as it is not "us" and when it happens to us - we tend to live with it and not discuss it or do something about it.

    So folks lets stop it here. Stop blaming SRK or CBP. If you do not want to see his movie, no one is forcing you to.

    Things do happen for a reason, and it all depends to how you face situations like this in your life. Look at such incidents to get an idea of how to deal with things.





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  • srkamath
    07-25 09:46 PM
    It is really simple.....

    Vertical Spillover

    EB2 (IN) ~ 12000 / year
    EB3 (IN) ~ 18000 / year

    Horizontal Spillover

    EB2 (IN) > 18000 / year
    EB3 (IN) < 12000 / year

    On another note.

    There is possibly an ongoing effort by some powerful people to compel "attrition by frustration" among all prospective immigrants. This Xenophobic philosophy will last till Jan2009, it will then subside.

    It is just like high oil prices - make hay while........

    Have faith in America, history shows it rights itself sooner rather than later.



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  • whatamidoinghere
    02-13 10:47 PM
    I am following this discussion and it is interesting. Here is what I get so far.

    USCIS is not allotting excess visa number horizontally. Unused visas from Eb1 and EB2 are not going to over subscribed countries but to EB3 ROW. The "total" visas in the law can be read as total visa across all categories. If this is true then it is likely that untill EB3 ROW becomes current, India and China will only get 7%. But here is what I do not get.

    1) From november 2005 bulletin, USCIS is saying that they are going to suspend AC21. Why did they decide to suspend ac21? Can they decide on their own when they are going to apply to AC21 and when they are not? Is AC21 not a law?

    2) Why or how did USCIS allocate large number of visas to over subscribed countries India and China before? Like in the November bulletin, USCIS says india used up around 44000 visas. Were they allocating more visas by following AC21? If yes, then why did they decide to suspend AC21? If no, then how they allocated so many numbers?

    I am trying to understand the how the USCIS decides to allocate visa numbers. And it is very complex.


    Another thing that is hard to understand is that if EB3 ROW is getting all the unused visas, how did EB2 move forward two years in 2006? It was moving 6 months at a time till May-06. Did USCIS change the way they interpret the law in May-06? That would be weird, they should have done it when they declared in Nov-05 bulletin that AC21 provisions are not expected to apply.

    It is possible that USCIS is allocating unused EB2 visas to EB2 India and China after all, and it is not moving forward only because of backlogged EB2 Labors getting approved. We will know for sure in a few months. There are still several 2001 EB2 Non-RIR cases in the backlog as per
    http://www..com/usa-immigration-trackers/dallas-backlog-tracker/





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  • bitu72
    10-23 05:30 PM
    what is definition of "canadian business".

    can we extrpoltae your suggestion little bit more or is it asking for too much

    1. once you have PR ask your wife to open a company A.
    2. As a employee of company A you can come over to USA while maintainig your PR status. You should still be considered to be covered under candian business wanting the employee to work on international projects..

    can this theory fly...all this assuming no EAD filling in near future



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  • Macaca
    07-04 12:17 PM
    having family members like spouses and children fly in to the U.S. to be able to apply for a green card.

    Please verify (with URL) that applicant + dependents have to be in US in order to apply!





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  • gc_dream2009
    01-13 02:40 PM
    I completely agree with amitjoey and willigetgc.

    Blaming IV on one hand for the lack of enthusiasm and support from EB3 community and on the other hand - for a stand-still in the Congress when it comes to EB specific bills/laws is inappropriate. And then asking IV to drum up a fake EB3 relief measure to encourage this community is a disastrous way to go.

    I recently spoke with one of the admins (reached via contacts page) who gave a very realistic view of how things stand in the Congress and otherwise...and I truly encourage other members to talk to the right folks to get facts rather than getting misled by pure rhetoric. I trust that IV core advocacy wil identify the right bills/legislations to push for and hopefully regional grass-roots members will support those efforts. This Diversity bill might prove to be good practice but we should not have any false hopes. it just gives us another reason to blame IV later on - and IV is the only true platform we have.

    Other than that let me just paste the following I wrote on another thread in response to Plainspeak's approach -
    You do not represent my opinions. So please stop advocating yourself as an EB3 representative. With the points you have raised and the negative vibes you have created between EB2 vs EB3, you have shown that you are concerned and frustrated only about your own personal GC situation and are trying to use the EB3 tag to shove it down my throat. Which I completely detest.

    Let me see if I understand PlainSpeak's language:
    1. IV core needs to put a lot of resources to lobby for the DV bill, knowing full well that this bill will go nowhere!

    2. Raise a false sense of hope among the EB3 community, again, knowing full well that its going to be dashed - just so that IV gains the trust of EB3 (I am EB3, and they have my trust without your logic!)

    3. An exercise to gain trust by misleading!:D

    I wonder why IV core did not come up with this brilliant idea ;)



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  • alterego
    07-25 05:50 PM
    Yeah Ron Gotcher is speculating, but there is some credibility to what he is saying. He did predict the rapid movement of PDs toward the end of the year, in fact at one point he was extremely optimistic more than what happened to date. So he did have some insight into the inner workings (or rather non-workings!) of the USCIS. He also openly shared his interaction with Charlie Oppenheim.
    This is why people should not get so excited now. What EB2I got is a little hope, for most it will be false hope, a select few have green hope, but we will only know them by Sept. in retrospect.
    For the rest of us it will be back to the drawing board, oops message board. My feeling is things are likely to be somewhere between the extremely pessimistic projections of Ron Gotcher and the extremely optimistic projections of VLRao.
    I suspect the PD will move back to the April 2004 cutoff and then move forward slowly as spillover allows, so in other words at a rate faster than in the past. I stand by my view that we will need most of next year and perhaps some of 2010 spillover to quench the thirst of EB2I and C.

    I don't think the point Ron made that if everything was current it would take 5 plus years for USCIS to clear the back log is correct. If it really is the case then we are more badly screwed than any of us realise and it goes totally against the statistics the USCIS has been leaking about the number of pending cases. Which many of us have number crunched already.





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  • breddy2000
    09-04 11:05 AM
    Dealsnet,

    The contents of the link are facts. Do you have point to say so other than trying to pick on me and drifting from the fact that “YSR was a corrupt, factionist gunda, land grabber who has killed numerous people”

    YSR being Christian, Hindu or Muslim does not change the facts. The link has some valid points.

    Mr. CHANDV23.....You should have been aware that when you are logged in with your alias(aka _TrueFacts) it turns "Green dot" beside your ID. Your other ID "CHANDUV23" turns blue if you do not use it...

    Still making me laugh the hell lot trying to prove your point by hiding behind your real Identity. Why not accept that you are indeed "CHANDUV23" Hahaha...

    I guess this is what is called "Wolf in Sheep clothes"



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  • knowDOL
    08-03 04:21 PM
    The comment period ended April 17th 2006. I heard, Many top companies were against elimination, probably, because they had plenty of labors using which they could attract senior and bright H-1B's. Also, I think USCIS needs to publish an elimination of substitution in this respect which will again have to go through comment period, only after all this the elimination will come into place.

    But the reason why elimination proposal came in is because of fraud and not because of unfair ness to people who are in line or FIFO because of transfer of PD. DOL and USCIS noticed that companies are sellling Labors which is fraud. There was some memo that USCIS will not publish until last quarter, soeveryone expected the rule will become effective by August September time frame. But I have not read anything as of today that the USCIS published anything in Federal register relatting substituion elimination.

    Probably we should wait and watch. My guess is that something may come by October 1st, 2006. Only an assumption.





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  • ujjwal_p
    05-11 05:00 PM
    I completely agree with you.

    As a Tamil, I too carry the Indian passport with shame and can't wait to see the day when I become a US citizen.

    Let me be the first to say, all the best to you to get the US citizenship fast... and more importantly good riddance... And all the best for Americans to get a model citizen like you. By the way, I hope you do know about the oath you need to take to become an American. Hope you do that sincerely and are not narrow-minded then.





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  • easygoer
    07-23 01:51 PM
    vldrao has done good job and we are thankful to him





    gauravster
    06-02 05:17 PM
    Consultation for these purposes is free at some places. Check out

    http://lawyers.findlaw.com/lawyer/firm/Civil-Rights/New-York/New-York

    I would have loved to go, but things are keeping me busy for the next two weeks. If this is still not taken up, I might go alone and check this out and follow it up. If someone reading this is interested, can you try it out as well and let us know. Maybe we should consult multiple lawyers to make sure that we do or do not have a case. Everyone might interpret things differently.

    Another link: http://public.findlaw.com/civil-rights/civil-rights-enforcement/civil-rights-violations-lawsuits.html





    nixstor
    09-23 02:31 AM
    I have sent close to 10 emails putting subject

    "Proposal to alleviate current US economic crisis"

    I hope I am doing right..

    Housing/economic crisis rather than economic crisis

    Please send emails from your own emails so that we can know what staff members and their bosses think.



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