Friday, August 5, 2011

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  • cinqsit
    01-14 01:51 PM
    V true.

    Folks, the memo clearly empowers USCIS to crack down on consulting firms which don't have any in-house infrastructure (other than contractors) to execute projects.
    H1B is misused for a long time now by these firms and it was high time they put the screws on these "job shops" as they call it. Unfortunately some talented workers will get impacted.
    But if they are talented they will find opportunities elsewhere. Trust me on that. And better opportunities.

    Nathan is exactly right. These firms have created a mess by bending rules everywhere.

    Don't start speculating that USCIS is trying to throw out all immigrants from this country. I'm surprised that folks don't take a proper view of the situation (yeah..bring the reds on and call me an anti-immigrant).

    I agree with a1b2c3.

    USCIS is going after these "job-shops" nowhere do they have a blanket policy written down to stop all H1-B's or greencards.

    Please dont get riled up and think that its going to affect your greencards etc too.

    Actually if you have been following these forums, last two years have been tough for small consulting companies to get renewals/new H1's approved anyways. They were asking for client letter and denying renewals left and right. Some
    were getting H1's denied saying the company office space is too small to fit 100 employees, your product/business plan seems to have been copy-pasted from online sources and what not. Please browse through H1 denied threads on this forums.

    I know its harsh on the employees but they will have to find employment with direct vendors.

    Contracting is a way-of-life for some big financial/insurance companies (if you are from NYC area you will know) its not going away nor is need for H1B's going away.

    USCIS is simply laying down the rules on paper (or in this memo) for what it has already been practicing for more than 2 years now with respect to H1B processing.

    I know its harsh on some employees who will be affected but you will soon realize that
    you will find better paying jobs/contracts. If there is a need and you are good at what ou do you are going to land up a job/contract no matter what even when you are on H1.

    These "job-shop" companies will be going away (good riddance) not you.
    You will still find work you will still find contracts with better pay

    If you are working on a contract directly for direct vendor isnt that much better than being 3-4 "layers" of these middleman "job-shop" companies who each take
    a significant cut out of your share?


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  • PlainSpeak
    01-13 03:42 PM
    If I were on smoke, coffee or dope or anything else, I would be posting messages of the type you are :).

    Its good to see the tone of your messages seems to have changed from shrieking at all EB3 to fight against EB2 to something a little less absurd.

    Good Luck To You.
    If i remeber correcttly it was all you IV guys (Mostly EB2 and some EB3 too) who were doing all the
    sheriking and teqaring of hair and other stuff.

    To talk like me you donto need to be on smoke, coffee or dope or anything else. All you need is respect for others point of view and courage to stand up for what you beleive and not be intimated by bullies

    My tone was always the same (Albiet i used some strong words in between but that is my fault not yours) and my messages have been the same. If you think about it all you guys who were seeing my messages are now seeing them again and maybe just maybe undwerstanding the intent if not agrreing with me. Which is ok. You cannot win them all.....

    Good Luck To You TOO.

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  • ingegarcia
    10-10 08:59 AM
    This is half truth.
    Tn1 to GC is legally possible but once your GC application (I140 and/or I 485) is pending, your TN1 cann't be renewed. If your dates are current, you can apply I 140 and 485 concurently and get EAD, while you hold TN1. Once you get EAD, you don't have to worry about renewal of TN. Here you need to manage possible two risks; You must get EAD before next TN renewal, and by chance, if I 485 deny, you have no back up and must return to Canada.

    Current retrogression, it is not possible to go from TN1 to GC.

    My PERM labor, I 140 approved and I 485 is pending since more than 12 months. I was confident and took calculative risk.

    Thanks for the information. :D

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  • kuhelica2000
    02-16 11:34 AM
    My friend, writing in bold font doesn't make your argument bolder. An argument is bold by the underlying merit of the argument. Where did I mention anything about race?

    Even if I had said that there is fraud and corruption in India, it would not be considered as a racist comment. Every year Transparency International generates a list of most corrupt nations. Ever wonder why India is on that list. Ever wonder why out of all places only in India US visa officers are instructed to do technical interview for IT visa applicants? You are living in complete denial and trying to play the race card whenever you get an opportunity.

    Fraud and corruption is prevalent everywhere incuding India and a prepondernece of the bodyshops are nothing but a factory of producing overnight "IT Talents". Accept this is as one of the problem of this retrogression.

    You are accusing people from India for using wrong credentials for picking up H1b/L1 jobs. This is ridiculous and pretty racist.


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  • msp1976
    02-18 12:33 PM
    I value Mr Unitednations posts as he provides us with the opposing point of view. That is absolutely critical. It would help us strategize and plan.

    This has been a very valueable thread. It would be very nice if something positive can result from this. (I can't think of anything. Help me out if you can.)

    I agree that his arguments are valuable...

    And I believe that those must be countered point to point...
    You see... our target membership audience consists of very intelligent people..They come to this site and read UnitedNations arguments...If they accept those arguments ... what would be the net result.???...They would just go away....It gets directly in the way of our efforts.....

    That is the reason for this whole shoot out.....

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  • dilber
    07-16 03:37 AM
    Some one has done a very good analysis in this thread.

    Here is copy and paste of the post by gcobessesed


    Reading this post and the Ron Gotcher numbers, I see some answers for the pending India backlog number question and a silver lining for EB2.

    Originally Posted by drirshad View Post
    (Quoting Ron Gotcher) The CIS backlog does not appear to be as serious as I had been told previously. Rather than 600,000 pending employment based AOS cases, it is likely less than 400,000 pending cases.
    Indian applicants make up approximately 40 to 45 per cent of the entire employment based quota backlog
    Therefore, about 160,000 applications are pending for India!

    As we have seen before, EB3 and EB2 are almost the same proportion for India with EB3 being slightly higher. So, about 85,000 for EB3 and 75,000 for EB2 are pending.

    I am very confident that EB-2 india will become current in about 14-18 months.

    I disagree with the underlined part before the visa numbers started to move fast in June and The July bulletin EB2 was at Jan 03 and then at Apr 04 but EB3 was at May 01 and then at June 2003 so there will me more like 60~65 percent of Eb3 filers so for calculating EB2 movements we should take this into account as well. So if USCIS does end up giving all the spillover numbers to the retro cuntries in EB2 then I have to agree with Vdlrao's analysis that there will not be much retro in India in the next FY and by the end of next FY it might even become close to current.


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  • eb3_nepa
    10-23 01:19 PM
    Best of luck!

    Guys I am NOTTT looking to subsitute my labor or anything of the sort. I just want to read through the docs to see what exactly is labor substitution all about. I mean i have read a WHOLE lot about it especially ON here and was wondering how EXACTLY this whole process works.

    If anyone knows any website that explains how LC substitution works please post a link on here.

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  • Ramba
    03-19 05:15 PM
    I did canada PR myself two years back and I got the visa in 10 months. It is so easy. However I did not go there and wasted my canada PR. Now I am seriously thinking again.

    I applied canada PR when my LC was pending at labor department. I was expecting that my LC will go to BEC. That is why I applied Canada PR as there was a talk going on about backlog center creation in 2004. Luckilly my LC was approved at regional level. It did not go to BEC. I could file 140 and 485 as PD was current that time. That gave me a confidence in skipping the Canada PR. Moreover, I heared a story, if they (Canada/US) know, if 485 pending during the landing process they will give hard time by asking you to select either US PR or Canada PR at the borderpost. Imagine, how hard it will be at the border to answer this kind of life deciding questions. Therefore I skipped the canada PR. Now it is becoming almost 2 years. No sign of CIR yet. Spending lot of money on EAD and AP. On top of that lot of frustration. Now I am seriously considering that I missed Canada, I should have gone that time. I do not know what to do, whether I should apply again (lot of money) or wait for GC as my 485 still pending.


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  • ronhira
    01-13 12:15 PM
    why doesn't anyone in iv core get it dammit..... this is crystal clear..... what more do u want...... now get mov'in & get green cards for all of us by next week..... :rolleyes:

    Good Things about IV
    1. IV Core does not conduct its business in the forum. They learnt this lesson a long time ago.
    2. All their work is done in the donor forum and behind the scenes by volunteers
    3. If they feel that any idea is worth pursuing they invite that person (with the idea) behind the scenes and pursue that idea
    4. All the work is done by IV members themselves because they are helping themselves
    5. IV members are investing time and money to do work which impacts a large number of immigrants
    6. That is a professional way to do stuff and i admire the way work is done at IV

    Concerns of IV
    1. IV always states about the lack of will of people to do something for themselves
    2. IV always states that people just comment on forum but do not step forward to do stuff
    3. IV always says that people do not donate enough and without donation a grassroot organization will not survive

    What IV is doing wrong
    1. IV talks about a holistic approach whereby the benefit to EB community will trickle down and once EB2 will become current EB3 will get benefit of spillover
    2. IV is assuming EB2 will become current but with the number of indians coming to USA and number of indian students who will graduate from MS courses in USA over the next 5 years EB2I will always be backlogged
    3. Plus we are not even talking about EB2 ROW and EB3ROW demand which could go up
    4. Supporting the DV 55k bill to US educated GC applicants on the whole looks like a great plan. Sure here are 55k and here are about 150 k GC applicants. 150 - 50 IS 100 K. So if the bill passes we reduce the backlog by 50 k. Now i will am one of the person who will be getting a GC because i am US educated but my opposition to this bill is on principle
    5. What IV has to realise is that it is not only IV members specifically but it is a whole lot of non IV members who are EB3 who have been a bigger person in this whole immigration retorgression advocacy scheme of things till now.

    How let me explain. We have seen EB3 persons from 2002 who are still waiting for GC and who are not getting spill over visas because EB2 is using up all the spill over visas. So do you see any EB3 now complaining about the rule change supported by IV and made by USCIS whereby EB2 gets spill over visas. NO we do not see any EB3 complaining. That is because EB3 as a whole understands that that rule in the past being interpeted in a wrong way and the current way is the correct interpetation. Sure the old method gave EB3 some extra spill over visa benefit but the new interpetation caused EB3 to dry up compleletly. Now that in itself is against the very nature of self preservation by definition, But EB3 went along for the greater good

    What IV can do right
    1. Now we have this 55K DV Bill. This is something different from the spillover (which is law and cannot be changed). This is one time oppurtunity to alieviate the sufferings of EB group as a whole. So can IV which is supposed to be talking for the whole EB community do the right thing here and ensure (with advocacy they are so good at) that IV's stand is that 55K visa are given to all GC applicant from retrogressed countries based on oldest priority date first irrespective of EB2 and EB3.

    2. The concequence of such a move is that long retrogressed EB applicants will get relief (Which is one of the point IV talks about in their charter)
    3. Sure Many US educated applicants from EB2 and EB3 will oppose this move because lets face it, this move impacts their getting GC sooner. And if they behave like that they are in the same category as EB2 guys on this forum who do not entertain any idea which will impact their getting GC soon.

    What wil happen if IV does the above
    1. The DV 55K bill will NEVER pass in congress. This along with the other bills we have seen will bite the dust because no one in the current economic scenario would like to see more immigrants (US educated or not)

    2. The DV 55K bill will fail but IV would have achieved what it has failed to do till now. Get the support of EB3 community which they claim to represent.

    How how does this work. This is a suggestion for discussion NOT a diktat to IV core to implement. If IV core does not allow discussion on this (and moderate this because frankly some of your existing advocacy group members and volunteers do not know what a discussion is and come out both fists swinging) then that is IV core perogative. they have that right since this is their system and they worked hard for it, and they believe what they say is right.

    One question i do have for all the members who have argued with me here. Have you seen all the discussion i have participated under and my other posts. Please do that before yelling that i was a member since 2006 and freeloader and all that. You need to do this because if i am you enemy (Scounderal, Liad weed, Anti Immgrant, Future USA etc) then don't you think to know your enemy is better.

    On a funny flip side ...............................
    How will this be treated by the current members
    Ohh He is a liar, cheat, sounderrl, absurer, voilent person, free loader, smooch, weed, Anti Immgrant, future USA and other unspeakable things

    By the way guys i am a She not a He


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  • GCard_Dream
    05-25 12:36 PM
    Oh ya... you think the immigration fees in US are low. Wait till this bill takes effect and you have to pay 5000 dollars just to get a damn H1-B then you will know who charges more for immigration fees.

    As it is the fee is 1500 hundred dollars which is not a joke for lot of people. We normally don't complain because employers pick up the tab. By the way this doesn't even include the lawyer's fee yet.

    I mean how do people come up with things like these to say.

    Its blatant racism here. THe population is aging and the government makes a big chunk of money via immigration fees.


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  • PavanV
    09-04 01:37 PM
    Have you folks seen the movie Magadheera, one of my friends showed it to me, awesome movie i must say :cool:

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  • go_guy123
    01-28 04:11 PM
    :mad: They should stop the so called substitution.

    USCIS was trying to abolish this substitution. The lawyer lobby opposed it.
    There are too many well funded vested interest groups, so we are getting screwed. I have no hope/expections of GC relief...only more H1B quota making things worse.


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  • lazycis
    02-14 12:48 PM
    Thanks, chanduv23, I do believe in using all possible means. I sent my letter to Mr. Bush.

    On the other note, there is a thread on discussing the lawsuit possibility

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  • unitednations
    02-13 03:00 PM
    Whether overflow happens vertically or horzontaly is subject to interpretation and we cannot really say if EB3 ROW is getting any undue advantage.....
    That matter can be litigated.....

    You guys still think it is horizontal. This has been discussed so many times with reference to the law; the note in november 2005 visa bulletin; another lawyer who received statistics in chinees overall approvals for 2006 which were going to be close to 7% and you guys still believe this is a gray area.

    the november 2005 visa bulletin made it black and white. It is no gray any longer. AC21 didn't do anything to change to horizontal; only spillover is allowed in quarter not annual.

    Hard to understand why people think it is still gray.


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  • la6470
    01-15 06:05 PM
    Yes in my opinion also companies like Infosys, TCS, CTS or HCL - all of them have abused the L1/B1 visa program. At least with H1B the benificiary gets a shot at the "american dream". However with L1 visas - it is pure high tech slave labour. The L1 visa holders are dumped in client places all over the USA and they are paid even lower wages than their H1B counterparts and on top of that the L1 visa absolutely prohibits the visa holder from changing employers. The typical lifcycle of a L1 visa holder is to come to USA, learn from their US counterparts, co-ordinate between the US client and the offshore team back in India, save as much money as possible to pay off for the 2 bed room apartment or car back in India and then at the end of six months , beg their employers for a new project in USA. And during all this time they have to keep up a brave face - saying they dont really "like to stay in USA". Talk about "grapes being sour".

    However these companies typically are financially in a much better position and have stronger lobbies than small time desi bodyshoppers sponsoring H1 candidates - so USCIS haven't really got the guts to look into their activities as compared to desi bodyshops.

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  • greencard_fever
    07-23 02:28 PM
    See this post by Nixstor:

    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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  • Rajkrish9
    09-18 10:12 AM

    This is regarding switching job from one role to different role

    Currently I am working for an Employer A in consulting position ie., Senior Developer Role. Current Project is ending in Dec'2008

    Now I am planning to move to a different role of Management (Project Manager) to Employer B.

    what would be the better way of doing for the above said role.

    My current H1B is expiring on Nov'2008 (Six year term). I have to ask my employer to do the extn. But the employer doing is very minimal.
    I have applied EAD in Aug'2008. - I am not sure when this will arrive.

    Now I am into the state of More confusion. I couldn't able to do anything as far as in terms of career path.

    Would like to enlighten some thoughts on this situation and Thanks in Advance.


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  • vdlrao
    07-21 05:46 PM
    There could be one problem with the above interpretation of overflow from FB category. I think the numbers shown in the document are from last year- end of Sep 07, not sure this applies to what is available for 2008. what do you think?

    These Unused Family Based Visas are from 2007. These Unused Family Based Visas of 2007 would be added to the following year (2008) Employment Based Visas.

    The Unused Family Based VISAS from a perticular fiscal year made available to the Employment Based VISAS of the Follwing Fiscal Year. And the Unused EB4 and EB5 VISAS of a perticular fiscal year would be made available to the same year's
    EB1 category.

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  • swo
    07-13 11:46 AM
    My friend bought a house at the Elginton and Avenue in Toronto for $350K in 1998. The house is now worth $950K.

    My sister bought a house in Markham in 2005 for $265K and it is now worth $325K. That's almost 20% in 3 years.

    This must be the stagnant Canadian real estate market you are talking about.

    The recent growth in the US real estate market is the highest escalation in US history. It is well recognized as a function of the earlier tech bubble and loan availability. Some people are also now expecting severe consequences econonically because of it. Housing is almost certainly likely to return to normal growth patterns moving forward.

    By the way, todays headling on the homepage is "Housing slump gets longer, and longer ..."

    I'm done debating with someone that comes up with "symbolic examples", is unable to present a single coherent argument, unable to cite statistics, unable to even say they've lived in Canada.

    Good Bless America. And Canada. And Australia. And India while we're at it!

    That was a symbolic example. I meant to say that in Canada Housing is just meant housing not the investment. Here in capitalist market housing is never been a housing alone , prime motto to have housing is investment. If we might be debating this 3 years back on this forum ( In booming Real Estate market, yep, US GC Process was sucker then too :) ) you would not have anything against US real estate market to argue about. And that's the point. Housing market here too has cycles and if you wait out patiently you would have appreciation in a scale that normal Canadian may have to dream about.
    And that is the point. If lending industry seems to be loosely controlled to you in the USA then yes there are ways to deal with it. You have to learn them. In Canada, in your terms, so called "Good loans" has kept Canadian economy "Welfare economy" only. To progress dynamically any country should have economy to be able to have kicks in, and USA market has that capacity. Today you are ranting about bad housing in USA... agreed, but seeing your signature, it seems that you never want to leave USA and with your claim "to love USA", I believe you will still be around here for years debating with me.. (wait, let me go grab a cup of cofee.:) .. I also need "Dynamic Kick" to debate with you) , I will be able to show you how much appreciation average american can have on average home. Did not you hear NPR yesterday? Housing market is coming back. Now housing is always the prime factor in any economy and so I choose that example. More or less it is true for every industry except oil in Canada. And mind that this forum is not to prove where the housing is better and so I do not want to go into minute statistical detail but most people in Canada and USA except yourself would agree with me.

    02-13 11:44 PM
    What rights did the Natives have in the 18th and 19th centuries when Europeans invaded their lands, and massacred most of them? Did they respectfully ask the Natives if they could immigrate? No? They walked in as if they owned this land. As a Canadian, I'm ashamed to say that this happened in my country too.

    That's an old story. The answer is: "if someone commits a crime, it doesn't give you right to commit crime".

    Why not go back and say "Well, Homo Sapiens themselves 150,000 years ago migrated to Europe from Africa and exterminated native Neanderthals. So why don't we just go and exterminate Europeans today and take Europe?"

    If it wouldn't be Europeans, there wouldn't be technological advanced United States and we wouldn't want immigrate here. We are not migrating to Kongo or Sierra Leone, don't we?

    08-12 02:31 AM
    I have been granted a PR last week; Now, I am waiting for the card to arrive in the mail. I will be traveling out of USA next weekend. I renewed my H1 once since my last entry and have one white I-94 and other one came with the 797 approval notice. Do I need to give my I-94 to the airline staff or should I keep it with me? Please advice.

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