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  • qplearn
    11-15 09:29 AM
    There is no change in his strategy; but what is interesting is: he is now claiming that many of the new (freshmen) Democrats are in fact "Lou Dobb Democrats." :) Is he suggesting that they support his stand?

    He is also claiming now that he never opposed legal immigration beyond the 1 million that enters every year. He must have forgotten about his daily telecast on H1Bs (in 2003-2004), whose number is well within the limits of 1 million. What was he screaming about then?

    Lou Dobbs is losing it, I think, which can only be a good sign. But if CNN were to fire him, that will be the best thing to happen.




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  • pcs
    05-16 12:54 PM
    Free market economy is the best for mankind. As long as nobody steals, laws should not bind people's imagination & creativity.

    Hiring of H1-B by "consultencies" is like stocking goods in a shop before you open for business. This is an acceptable model for business in any society. I support the process of hiring H1-B by bodyshoppers, BUT would like Congress to implement some guidelines by which H1-B should have more dignified life & freedom to work like.... unlimited freedonm of job changes of employers within 6 years or valid VISA period. Self administration / support of green card process. This single step will cure all evils.

    By the way, I am not an IT guy / bodyshopper




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  • GCScrewed
    07-13 06:04 PM
    willwin - What we are essentially saying is to artificially retrogress EB2 than it otherwise would have so that an EB3 who is waiting for 7 years gets his GC first - thats really what the spillover break up will do. Similarly an argument can be made to artificially retrogress EB1 so that an EB2 who is waiting for 4 years gets his GC first.
    Whether EB1 is presently retrogressed or not doesn't matter.
    Let's think about this for a moment. We are trying to completely negate the category preference established by law and asking them to grant GC's based solely on PD regardless of category.
    Ain't gonna happen - dont want to be a pessimist but at some point we have to call it as we see it.

    I don't think the issue is that simple. The whole thing just surfaced another screw-up of the system. The actions taken by all the agencies certainly made things worse.

    DoS suddenly interpretted laws differently than before. This just like the PERM, BEC, and last July episode. They took actions without considering people already in line. Those with good faith waiting in line have been constantly pushed around. How many people experienced being stuck in BEC while PERM approves new application like crazy? Who is accountable for all of these? They can't do things willy nilly any more. Someone mentioned lawsuit since DoS either interpret the law wrong now or in the past.

    Needless to say that the distincation between EB2 and EB3 has become so meaniningless now. How many positions really satisfy the EB2 requirements? From what I heard that most people just try to get around the system to get an EB2. One of the persons who filed EB2 told me that a high school graduate would probably be able to work in that position too.

    Just my observation.




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  • GCwaitforever
    07-15 07:06 AM
    May be we should start an advisory service for H-1B immigrants on their rights, how to fight abusive employers etc ... Best way to go would be setting up a non-profit with initial discussions happening in a local community center hall (Church, Mosque, temple, public library, or even a local cafe). We could even recruit a kind-hearted lawyer on pro-bono basis. When we open chapters at every city where immigrant population is clustered, this will cover most of the immigrants.

    We are wondering why IV is not getting enough members enrolling. Setting up this non-profit would be a step in brining activisism in EB immigrants and from then on, they will be readily participating in fighting for their rights. Then we would have a grassroot support organization. Any thoughts/comments, please let me know.



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  • alisa
    01-04 02:13 AM
    Please don't kid yourself ...all these points seem so shallow that there's no way one could read too much into it. I find this exchange meaningful though it took me 4 posts. Please keep playing your game.I think you proved the point that I initially raised.

    Like someone pointed out before you can't wake up someone that's pretending sleeping.

    Thank you.

    OK.
    But I still can't figure out what your argument really is.

    Lets agree to disagree, I suppose. Let me know, if you can, what exactly and specifically it is that you didn't like about what I said.




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  • BumbleBee
    03-24 02:41 PM
    Again, I am not the one you should be asking to define "full-time" and "temp" type jobs. Ask USCIS or DOL or whoever is going to adjudicate your green card.

    I am simply saying that if USCIS has made a distinction between perm job and temp job, AND if they feel that consulting job is of temp type, someone along the line has dropped the ball and missed this. They also missed the fact that the employee needs to work at the LCA specified location. They also missed (or circumvented) that benching is not allowed.

    You can blame anyone and everyone for it. Maybe the immigration attorneys were the ones that should have warned both the employers and employees that consulting jobs do not fit the H-1B requirement. Maybe USCIS was sleeping all the while and suddenly they decided to start enforcing this. But the fact that they can ALL-OF-A-SUDDEN claim that H-1B visa is for permanent jobs only, AND that employees need to stay in the LCA location means that our lawyers, employers, and employees were incompetent in their judgment and did not do their due diligence to protect against potential audits and queries.
    I am telling you the same thing I told the other guy .... you don't need to give me justifications.

    Just hope that USCIS will buy your story!

    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=bac7d92e8003f010VgnVCM1000000ecd190aRCR D&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1 RCRD

    Q : What is an H-1B?

    The H-1B is a nonimmigrant classification used by an alien who will be employed temporarily in a specialty occupation or as a fashion model of distinguished merit and ability.

    As per USCIS, H1B is for temporary job



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  • gc28262
    03-24 04:01 PM
    Ofcourse I am unbias.

    I can't even begin to think how many people I know; cases I know from people who are from india.

    I'd say that it is less then 3% from people with other countries.

    As another poster rightly said that many of the issues happening is mainly to India because it takes so long to get the greencard and eventually everyone gets into these issues.

    Non indians don't face many issues because they get the greencard so fast; and hence they go through very little issues (generally). If other countires had to wait so long then everyone would also have similar types of issues.

    Since most of the forums are related to IT and Indians then if I ever broach on something a little negative or give different perspective then people look at my profile and see I was born in Pakistan and think there is some bias there.

    btw; I left when I was five years old and hardly knew any pakistanis/indians when I was growing up and for what it is worth my wife is Hindu.

    Thanks.
    I guess you are right. The long wait times for Indians should be one of the reason.
    The other one I think is, you typically deal with problematic cases. Simple ones will just pass through without much intervention from lawyers/experts like you.

    Also one has to take into account the number of H1B applicants from India. As majority of IT folks come from India there is higher probability that there will be more problematic cases from this larger sample.




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  • msp1976
    04-07 08:31 AM
    Members working for consulting companies can talk to their employers about this. Let us know their response.

    The employers are not gonna be worried about it..

    Many of these restrictions were passed for the L1 program some 1 year back.
    I know many people on L1 still working at client sites and no one even saying peep about it...

    This is what I heard from a friend who is a employee of a NYSE listed firm with 100+ million turnover...He and a few more on L1 raised this question to their company lawyer.. The company lawyer had many arguments to defend their position. For example 'If DOL raises a question, the company would say we have offices at multiple locations one at each client site..'There is a small army of lawyers on the company's retainer and they are not afraid at all...They told the L1 employees to calm down and leave it to them....There are many creative ways in which to structure the consulting deals and the law is worth the paper it is printed on.....

    DOL is gonna have 200 more employees for the enforcement...200 is nothing frankly...Then they have to funded every year...May be congress would not fund the additional 200. Governments never have the will to go after the businesses....So the law would look very restrictive on paper and no real impact.....I know as a fact that the L1 restriction law had absolutely no impact...

    The net scenario would really depend on what happens during the first year or so...Suppose USCIS starts denying applications and they deny 10K applications...Then 5K and more of these appeal the denial and in the end sue the USCIS ..Do not forget to remember that CIR is passed and the USCIS is loaded with the legalization workload...The appeals system and the immigration courts would get swamped with these cases...As long as the case is in the appeal or the court, they employee continues to work.....The employees would have problems with the Drivers license and like but some would stick it out...Once USCIS appeals system and courts system gets overloaded with the case load...USCIS and the US attorneys would lose their will power to try to enforce the law......
    I do not know the details of judicial review for H1 denials and I did not see anything in this law curtailing the judicial review of H1B petitions...So a lot is subjective about the law.....Many laws never have their intended impact it just goes sits in some corner...



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  • delax
    07-14 09:35 AM
    Well, why is there 33% quota for EB1,2 and 3 in the first place. They could have very well made it 100% for Eb1 and if there was any spill over, EB2 gets them and then finally EB3! Because, US needs people from all categories.

    Now all that I am saying is there should be some % on the spill over that comes from EB1.

    If there are 300,000 applicants in EB2 and if the spill over from EB1 is 30K every year, you think it is fair that EB2 gets that for over 6-7 years without EB3 getting anything? That is not fair and if that's what the law says, it has to be revisited. I am saying give 75% or even 90% to EB2 and make sure you clear EB3 with PD as old 2001 and 2002. That is being human. They deserve a GC as much as an EB2 with 2007 (and I am not saying that EB3 2007 deserves as much as an EB2 2007).

    Bottom line, EB3 (or for that matter any category) can't be asked to wait endlessly just because there are some smart kids in another queue! We can come up with a better format of the letter; we can change our strategy to address this issue; we do not have to talk about EB2 and mention only our problems. We want EB3 queue to move.

    Actually its 28.6% of the worlwide total for each category, but I'll ignore your ignorance about that. Remember that once a country retrogresses, there is a specific ORDER laid down by law on how to allocate visa numbers. It is only after the higher reservoir is full that visa numbers flow to the lower reservoir. If you are asking to fill both reserviors partially then what answer do you have to the EB2 candidate who did not get a visa number because an EB3 either ROW or from a retro country was allocated that number purely based on the length of wait.

    Please understand that Law in general and immigration law in particular is about DUE PROCESS and DUE NOTICE. This flies in the face of both. Your argument is completely invalid for an EB-2 cadidate who did not get the visa number because of your 'fairness' rule.

    If you sow the wind you'll reap the whirlwind!




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  • senthil1
    04-07 12:05 PM
    Will 115k enough by seeing 133k applications in one day? If 115k is reached we will ask unlimited. So there should be some system to see whether those115k H1b is used properly. Employers should not wait till october and they should get people when they require. If most of the H1b quota is used by bodyshoppers where will top US companies get?

    How do you find H1 quota to be "unlimited"? And how is this bill going to prevent "unlimited numbers" that did not exist in the first place? I thought S.2611 and HR1645 propose to increase H1 quota to 115K, from the existing 65K H1b/yr. Does this increase make H1 quota "unlimited". I am ignorant about it, could you please help me understand.



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  • xyzgc
    12-24 04:46 PM
    Dude, I have donated over $ 1000 to IV so far, and participated in every campaign, and made enough calls to give me blisters, all without seeking attention or green dots. Next please?

    That's great to know.

    So, what exactly bothering you, friend? I know you don't like this thread but it shouldn't stop you from pursuing what you are doing, right? This is just a thread, it can be closed anytime and I think it will be closed very soon. I know you don't care about publicity and you care about the green card not just for you but also for others. In any case, believe me, any amount of red-green dots/publicity on IV/bad reputation on IV, will not make a dime worth of difference to the green cards.

    Don't let such things bother you, when you have already contributed a lot towards the IV cause.

    Btw, green to you. I know you don't care but I think you deserve it more than anybody else.




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  • abracadabra102
    01-03 07:01 PM
    If cockroaches from my house take a dump in your kitchen, don't ask me to apologize for that.

    You summed up the entire Pakistani approach to terrorism beautifully. We have a problem. You won't cleanup your house and I can't live like you (with all these cockroaches coming from your house). I am afraid I may have to burn your house down. I may lose my house as well, but that is the risk I should be taking.



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  • Marphad
    12-17 03:31 PM
    People:

    I went back and read some of posts from Marphad. "Marphad" hold very Extremist Communal Views not appropriate for this forum. He has given so called "RATIONAL" explanation in SUPPORT of TERRORISTS involved in Gujarat massacres. I think he is holds some rational views and I try to see if I dig his personnel information and inform relevant authorities. He is crying out to be spanked

    I will provide you whatever the information you want ;). I never had one sided communical views. Yes I hate people who directly or indirectly support terrorism. That includes people like Antulay (you are not in that list FYI :)).




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  • ArkBird
    01-06 05:26 PM
    Tomplate,
    I am not angry or anything. I am just sitting quitely, surfing net and enjoying my evening coffee.

    But i was so shocked when i read about school bombing and innocent school kids being murdered within seconds.

    If you have kids then you will realize how hard it is to loose kids. Kids are innocent and wonderful thing, but these murderers are not sparing even kids.

    So called peace loving nations and so called peace loving leaders and sitting and watching this massacre quitely. Thats what hurts me most.


    Egypt sent 62 Ambulance to evacuate sick and ills from the hospital of Gaza and Hamas didn't allow anyone to leave. Why?



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  • senthil1
    04-08 07:28 PM
    Finally anti immigrants will make the immigrants to fight to keep atleast whatever they have it now. If we want EB reform we may have to accept some H1b restrictions. Otherwise get ready for status quo and wait years and years to get gc with same H1b mess as this year. If you ask liberal H1b and liberal GC then you may not get anything. I will be surprised if Strive bill passes without meaningfull H1b reform. The situation is completely different from 1999 or 2000. If they bring multiple anti immigrant bills then everything may be dropped. Best way is to introduce that 50% of hires should be US workers. That will be best bet and that will not have any impact on current H1b holders


    Hi pitha,

    Thanks for posting this info. Could you please share the source of this information?

    None of us should take this bill lightly. There is a saying - "one should never watch sausage or law being made". The guys who vote on the bills, in most instances, don't actually know what they are voting on. Most lawmakers may vote in favor of this bill as the anti-lobby is warpping this bill around a message "this bill is to enhance protections for American workers, so are you going to vote against American workers?" As such most lawmakers could vote in favor of this bill. The current environment is very dangerous where most people watch news in the sound-bites and half of the Senate is running for President. In such an environment, if you ask Obama, Hilary, Dodd, McCain etc., they are all likely to vote in favor of this bill, without going into the nuances and actual implications of this bill. None of these guys would want to be headlines saying something like �Obama is against American Works�. No one will actually care to look at the long term implication of such a bill whereby most of the IT jobs will be outsourced.

    From tomorrow, we should all email and inform everybody that we can, including our employers. What is the direction from IV core? We are all waiting for the matching orders��.




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  • GotGC??
    04-07 08:48 PM
    Regardless of the various previous comments of whether this bill will or will not make it, I don't care to wait to find out.

    I will do whatever I can do to help a concerted effort to nip this bill in the bud. Give me my marching orders.



    What we have to do
    1.) This bill is discriminatory and puts unworkable restrictions on H-1B program. Please join Immigration Voice to oppose this bill in its current form.
    2.) Join Immigration Voice's efforts to oppose the bill S.1035 and educate the lawmakers to pass meaningful comprehensive immigration reform containing the provisions to end the massive employment based green card backlog.
    3.) If you are employee, employer or a lawyer, please take this threat very seriously and inform your organization, employer, colleagues, friends or anybody whom you feel should know about this discriminatory bill. Please request everybody to visit www.ImmigrationVoice.org (http://www.ImmigrationVoice.org) frequently for the latest action items and updates.
    4.) Please contribute to Immigration Voice TODAY and please send out SOS message to you friends, colleagues and employers to contribute and support Immigration Voice. We have very limited resources and desperately need everybody�s support.



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  • malaGCPahije
    07-14 09:53 AM
    I am an EB2 I applicant and my PD became current this month. If I do not care, I wouldn’t even be checking out this thread. I understand your pain and frustration, I was stuck too for a long time in the old labor process before perm came.

    EB2 I people do not think EB3 I people are jealous. I do not think Rolling Flood is from India, let alone being an EB2 I applicant. He just rolled in thinking he can open a flood gate of arguments and counter-arguments, let’s just prove him wrong.

    I just hope that EB2I people (other than rolling whatever) show some concern for EB3I. Whatsoever is written in this forum, is THAT going to take the dates forward or backward? No it is not. If someone from EB3I is expressing some frustration, just empathize with him/her and let it be. We all are happy that EB2I dates moved forward. A lot of my friends are EB2 2006 and I have called each of them expressing my happiness. All I and other EB3 in this forum can expect is that there would be someone to fight with us and for us when all Eb2's get their GC.




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  • minimalist
    08-05 10:13 AM
    If you find enough people and have solid plan in place, I am willing to pay anywhere between $500 to $1000 towards the lawyer's fees....
    I am EB3-I and I have no intentions to port to EB2. But if you are planning to try to stop people who are willing to go through the hoops to get it done, all the best for you. In my opinion there is no legal ground for what you are trying.

    This is protectionism at it's best. Think about it.




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  • axp817
    03-25 03:34 PM
    ok..lets see how it goes.

    I did not hire an attorney nor took a consultation..I thought folks here on IV combined are as good as an attorney :D

    Just came from the Post office..sent all documents they asked for including Resume.

    I dont know if my employer responded..I called them but they didn't respond..typical..huh

    Lets see how it goes..

    Should something bad happen (Which I dont understand why it would), you will see me in
    "Alberta Welcomes H1b" thread.. :D:D:D

    Good to see that you're still in high spirits.

    Hope everything goes well, good luck.




    rajeshiv
    07-10 01:04 PM
    That's correct spelling mistakes, etc., can be corrected if you go back to the port of entry who generated the I-94 card.

    I 102 is more for replacement of an I-94 card.

    However; POE entering you on a wrong companies h-1b isn't so easily correctible after the fact.

    In situations such as this; it is better to go back out and re-enter with proper company h-1b.

    In May and June before people were getting ready to file the 485's a lot of these issues were found in reviewing their files/history. Many people had their visas expired and they didn't want to go for visa stamping. What many people did was go to Canada and use auto revalidation and then re-enter USA on the proper companies h-1b and/or get a new I-94 card and also reset the 245k benefit since it is measured from the date of last entry to filing the 485.

    Hello United Nations..

    After looking into above message...I have some doubts, could you please clarify them.

    1. In order to file 485, the person must have a valid visa in his passport?
    In my case I have a valid I 94 but my visa got expired 2 months back, Am I eligible to file 485?

    2. What is auto revalidation?

    I appreciate for your answers.

    Thanks
    RR




    indianindian2006
    02-23 01:18 AM
    I think we need to find out rival Anchor/Channel for Lou Doobs and inform him with all the facts.

    here is someone who gives the real picture.

    http://www.tuftsobserver.org/news/20070223/four_myths_about_immigrat.html



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