Sunday, July 3, 2011

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  • alisa
    02-13 08:28 PM
    I don't think there is much I disagree with you. You are right about most things. Especiallly, that it is not an exact science. A lot depends upon how many applicants there are, and how many numbers are increased, and how much the country limits are increased by.

    I also don't think that the country limits will go away totally. They will probably just increase them. But you never know. Espeically, because at some point, they will go to the point system, and then who knows whats going to happen to us.

    Also, its not that I am concerned about what is GOOD JUST FOR ME. (BTW, its not just me, its about a third of IV) I am more worried about what is bad for me.


    Again, there are no guarantees which of the 3 will get passed or accepted. 1 & 2 benefit you more than 3. Will be combined effect of those be more than enough to offset 3 (which I doubt will ever happen since that will require a change in law) is up to anyone's imagination.

    Will you stop supporting IV which is trying to improve ALL legal immigrants prospects of getting a green card because one item on their agenda MAY DO more harm to you than good is your prerogative.

    However, IMHO saying that 3 hurts you and hence you will not support IV is the same as those people who in July were crying because everyone was getting to file 485s and hence would lengthen the GC processing queue. I was in fact not benefiting too much from that but I supported it since having been in the queue for long enough I know how painful it is.

    Like lot of other people on this forum said, try to rise above what is GOOD FOR ME and I will only support IV if it does ONLY that. Someday there might be a law that affects you more than the majority and you will need the all legal immigrants voice to help you out.





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  • nixstor
    07-03 08:35 PM
    Can IV try for a Bridge Legislation ...................

    Tuesday, July 03, 2007
    Bridge Legislation Update

    HLG is still actively seeking Bridge Legislation. The purpose of the bridge is to provide a short-term fix to the current retrogression problem for Schedule A occupations. As many readers are aware we are one of the founding members of the Coalition to Improve Healthcare Staffing. The CTIHS is pleased to announce that in June it retained two prominent Washington lobbyists and consultants. The lobbyists are working 24/7, along with the AHA, to seek this goal.

    If any immigration attorneys and/or healthcare stakeholders wish to participate in this effort and contribute funds to the effort, they should contact Chris Musillo (cmusillo@hammondlawfirm.com).

    The biggest hurdle we have right now is general �immigration malaise� in Congress; no one wants to talk immigration at this point. Congress is on a short break for the American Independence Day. Many of the staffing companies and hospitals that make up the CTIHS have meetings set up with their Congressmen and Senators this week.

    Lobbyists are working 24/7. Are you kidding me?

    My ideal solution for this is to make this a hot button issue in the media and then try for legislation to recapture visa numbers and allow forwarding of visa numbers. That will help us go a long way.





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  • soma
    02-13 11:34 AM
    Ok - so what is it going to cost us to get a consult with Rajiv Khanna? Anyone know this? Until we have more details on this, I commit $25 for this first consultation. (I will gladly raise the commitment once I know how much this will cost and if IV Core Members support this initiative).


    Even I am ready to put in $ 25 for the first consultation with Rajiv khanna or any other Lawyer IV core wants to go with. And if IV plans to go ahead with class action lawsuit as per requirement will raise my monetary commitment. please PM me if IV core plans to go ahead.





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  • waiting4gc
    02-13 02:30 PM
    Couldn't agree with you more.

    What ever gave you the idea that EB ROW only wait for 3 years? There's this common misconception flying around here that somehow ROW just cruises by and we get GC handed to us on a platter when in fact up until yesterday EB-3 ROW was just as retrogressed as any other category not to mention that labor (pre PERM) and name check delays affected ROW just as much as everyone else. For instance, my brother, who is EB3-ROW with a PD of Dec 2002... and has been in the US since early 2000 and is still waiting in line...so do the math.

    We're all in this crap together, some worse than others... so let's stop with this ROW Vs India & China nonsense. Country quotas are unfair and frankly the entire GC process is unfair and unpredictable... We should aim for solutions that solve this issue in a comprehensive way, not by dividing us even further.



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  • lazycis
    02-16 08:36 AM
    Using bold letters and big font ain't make it so. I agree that the situation is bad but there is not point in taking unjustifiable pity on yourself. Are you being physically stopped from moving to a different state/country/city? If not, then it is not slavery.

    This the era of high-information availability, and there is enough information available on some of the employers and so called "consultants" on how they treat their employees.

    Right on the money. Nobody forced us to come here and nobody prevents us from going home. Forget about slavery and discrimination. We have enough grounds for lawsuit without them.





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  • BharatPremi
    12-14 04:30 PM
    I know what I am about to say will trigger a lot of reaction and some resentment, but it has to be said on behalf of those who are not Indian. I think the per country limit is to ensure that people of all nationalities and races have an equal opportunity to obtain a green card and to ensure that no one nationality, group, or even sector (i.e. IT) monopolizes the so few visas that are available. In fact, in the visa lottery, countries become excluded when the number of immigrants from them reach a certain point, so we are lucky they do not do that in the Employment-based system!

    I think that by wanting to remove the per country limit so more Indians can avail of the green card quota is both asking for "special treatment" and a slap in the face for all the non-Indian IV members. The more I read the threads on this site, the more I feel that this organization is geared just to one ethnic group. I am sure that Indians probably make up the majority of members, but the founders of IV (I hope) did not want this organization to become one-sided! Please be considerate of ALL members and try to come up with suggestions that would benefit ALL members!!!:mad:

    Would you please read all posts once again? And this time apply comprehension and analytical skills while reading all posts. I am sure you would quickly realize how wrong your judgement is.



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  • mihird
    10-09 01:37 PM
    I am a naturalized Canadian Citizen now in the GC retrogression (Country of birth - India).

    Only good thing about becoming a Canadian or Australian citizen is that you would qualify for the (quota exempt) TN (NAFTA) or (special quota) E3 visas.

    You don't have to wait for the H1 quota to open up to be able to start working. You DO however have to wait for the quota to open to get to a H1 before you can file for a GC. A GC cannot be filed directly from a TN or E3 status.

    Also, travel in and out of US for Canadian citizens in particular is painless, since they don't need a visa from the consulate. Just the status suffices. The Canadian passport becomes the travel document.

    Otherwise the GC woes are the same as it would be depending on your country of birth.





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  • Michael chertoff
    01-13 05:56 PM
    Ahh my friend Ron if you are trying to get me to feel bad with your statement i guess no one cares for u.... then all i can say is Better Luck Next Time
    I dont care if anyone cares for me or not peronally or w.r.t. what i have stated in this forum.
    If people abuse that is their problem not mine. Sure i wil lfeel bad but it would be feeling bad for them not feel bad :P
    If people do not agree with me that is also ok since that is their right
    If people do not care for what i am saying that is also ok because the whle idea is that people on thsi forum start thinking about all options (Out of te box solutions)

    And seriopusly my friend if my intention was to convert or sway a whole bunch of people (Which i have no Intention of doing) within a day that would not be much of a challenge right ? because nothing comes for free (read that as without effort) in this country. I believe that is one of the slogans of IV. And guys i just borrowed it so dont hit on me saying i am now using IV slogans for myself

    Peace ...

    My friend ..I care for you.

    MC



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  • pnara2
    01-05 06:05 PM
    Yes, this discussion is not needed on here! Let us focus on immigration related persistent issues!





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  • grupak
    12-13 01:40 PM
    "Fairness or not is not the issue. Question is can it be challenged in a court? "

    --I guess fairness is the issue and that is what you are asking for by challenging the court.


    "As an unrelated side note, the current quota system is something that has evolved from past policies some of which was used to restrict citizens of certain countries."

    --To some extent,there is truth to what you said. And it is there prerogative. There could be many geopolitical,societal, economic and national security reasons behind who they restrict and who they allow.

    The OP was whether the country quota is constitutional. My interest was to find out if the current laws and regulations are violated by the country quota.
    As lazycis pointed out, SC seems to uphold the current situation.

    I was not looking into arguing in a court whether a particular regulation is fair or not. The law is what it is (what I or you consider fair or unfair is immaterial), question was : Is the law being implemented or not? Seems like it is.

    To change the law, we as IV are lobbying and meeting lawmakers already.

    Unless a constitutional lawyer says otherwise, I see no reason to pursue the country quota in a court, considering lazycis post.



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  • desi3933
    06-15 03:54 PM
    ........
    ........
    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 ? Shouldn't they get paid high too ? This is what I am arguing for. If the outsourcing cos don't 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 ?
    ......


    Where did you get that 80k number? You think 80k is good salary for that job, someone else may say 65k, I may say 90k. The salary, among other things, is determined by market forces. If you can't find enough people with xyz then company will be forced to offer more.

    As long as there are people who are ready to work on salary 52k (example), employer will not pay 70k. As long as employer is following all the legal requirements, no one can dictate salary for the job.

    I am a US citizen of Indian origin with background in Computer Science, Finance, and Business Laws. I have been in this country for 11+ years and I have seen so many changes in tech world. Nobody talks of sign-on bonus on H1B anymore. I am dot net architect and I am seeing lot of competition for jobs and this is causing downtrend pressure on salary. But, instead of, blaming someone else for the competition, I am taking it head on. We need to keep working on our skillset and employer will pay the salary. Like they say, for the right candidate salary is not a constraint.

    Let us not forget our struggling days of H1. The least, we can do, is to encourage our fellow immigrants who are waiting for their green cards.



    .





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  • Roger Binny
    08-15 08:35 AM
    Try detaining any of their top Hollywood Heroes at an Indian airport for 2 hours and see how USA media and people will react to it.

    You people have no respect for your own motherland and always think everything American is good than your own country. Learn to stand up for your motherland. Just because you want your greencard does not mean you forget your roots. Anti-Immigrants (read racists) of this country will still call you slumdogs even if you are a citizen of this country. But your own country people will never forget you and will accept you as their own even if you have lived here for 50 years.

    Learn to love your motherland.

    Excellent reply.



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  • Keeme
    05-01 05:55 PM
    Your statement is uncalled for, his opinion is not from people of UP or Bihar, everwhere people have different opnions, and BTW Nitish Kumar & Mayawati are any day better than Karunanidhi, Vilas Rao Deshmukh & YSR and above all they are a million times better than Maino Antonia whom the whole country voted.....

    I take it back !





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  • dilipcr
    06-16 03:41 PM
    Nice well thought out arguments. This is the essence of a healthy debate.

    Dilip -

    Could you please respond to questions raised in my post, when you get a chance?


    I would like to add one more thing here - Employment based immigration is not merit based, it is driven by employer-employment unless you self-petition in Eb1/Eb2.

    For the most part it is if it were left to market forces. Employers, rationally, would only want as much as talent for the price they pay. Most importantly, employers would be willing to go the extra mile to sponsor green cards only if they perceive that the immigrant employee would add value both in the present and the future. Now again, when I say employers, I mean the genuine employers and not the fly by night consulting body shops or the outsourcing companies. I strongly believe that EB based GC for a very large part is built on merit. You may see sme cases wherein some ordinary people getting green cards. They, in my opinion , are mostly from these body shops who got "lucky". Cant believe I am using that word !!!.

    You may be very much qualified, if there is no employer who is ready to sponsor your green card, you are out of luck, so please do not put argument that only best and qualified people get GC.

    Employers will be restricted in applying for GC for very qualified employees only in the period of recession. This happened with companies like CSCO etc in2001. wherein many of my friends left the company because cisco was barred from applying for GC after mass layoffs. But then after a year or so they started applying again. If you are referring to such scenarios, I would recommend patience because the immigrant per se is extremely well talented.

    I don't think it matters, but I am from college based in Kharagpur WB.

    In my opinion it does not. But be careful in this forum though. People may view your statement as egotistic.
    Have a good day!




    Where did you get that 80k number? You think 80k is good salary for that job, someone else may say 65k, I may say 90k. The salary, among other things, is determined by market forces. If you can't find enough people with xyz then company will be forced to offer more.

    As long as there are people who are ready to work on salary 52k (example), employer will not pay 70k. As long as employer is following all the legal requirements, no one can dictate salary for the job.

    I agree that the employer will pay the salary that is cosummate with the market. No well meaning employer will undercut to save a few pennies at the risk of losing out on quality.
    What if the market pay scales are distorted through pervasive fraud ? If you look at it from an employer's view, it gets murkier. Believe it or not, low cost always signal lower quality. Trust me this is marketing 101. Google low cost and the perceptive signals. It is truly tough for the employer to trust the low cost employee's skillset.

    Now the distortion comes into play when outsourcing companies flout rules and undercut the market through pervasive fraud. Like other industries such as manufacturing/agriculture etc, IT wages are destined to decline but not at this rate. The acceleration in the decline of wages is perpetuated by these scum outsourcing companies. If the decline in wages were let to decline at the speed of market, then it gives talented people time to upgrade skills or move to other industries without having to sacrifice quality of living. So per your argument, yes the end employer is following the rules by employing people from the outsourcing company because the employer does not know or looks the other way of the outsourcing company commiting pervasive fraud. Oh BTW that 80K number was just to highlight that the L1s should be paid high too. It was not based on any scientific or statistical evidence.


    I am a US citizen of Indian origin with background in Computer Science, Finance, and Business Laws. I have been in this country for 11+ years and I have seen so many changes in tech world. Nobody talks of sign-on bonus on H1B anymore. I am dot net architect and I am seeing lot of competition for jobs and this is causing downtrend pressure on salary. But, instead of, blaming someone else for the competition, I am taking it head on. We need to keep working on our skillset and employer will pay the salary. Like they say, for the right candidate salary is not a constraint.

    I agree with you on the above points. You are doing the right thing in not blaming others for the downtrend in salaries. However, you are fundamentally assuming that you would have enough time to upgrade and adapt. What if that assumption falls apart ? What if outsourcign companies hit your employer with people with your skillsets at abysmal prices through fraud ? Today many companies do not look into the long term but make short term decisions. They may prefer the loss in quality for the "immediate" cost savings. It may take time for them to realize their follies. In trading, they say that a trader needs to have enough juice to survive the market irrationality. In a similar vein, if you have the wherewithal to survive the employer's short term irrational decisions, then more power to you.

    Let us not forget our struggling days of H1. The least, we can do, is to encourage our fellow immigrants who are waiting for their green cards.

    That is exactly the reason I am here. I want to encourage the truly deserving. I dont know who the truly deserving are on this board. But they know themselves. My encouragement is for them is to ensure that they dont get bogged psychologically despite being immensely talented.

    .



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  • chanduv23
    02-13 10:48 PM
    Emotional Bravado Talk is a poor substitute to calm ruthless analysis approach.

    Why don't you sue DMV or Michigan congress (if possible).


    If the supporters of lawsuit are really enraged as they claim to be then there next post will be detailing their conversations with Rajiv Khanna, hopefully making a case for a lawsuit. They will have to put the down payment of ~600 dollars.

    Until then this lawsuit loose talk will remain just that , loose talk . Fit to be dismissed.

    Lets see how this goes - so many people voting for the lawsuit. Those who vote, MUST provide valid reachable email ids and phone numbers and MUST provide valid names.

    Those who vote yes, MUST engage in active discussion to move ahead. A good way to begin would be to consult an Attorney, so the discussion should move towards that side.

    Identify leaders who will lead this effort and form a mailing list and everyone who voted can join the mailing list and discuss.

    Lets see how the discussions move.

    Can we walk the talk?





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  • longq
    02-14 10:13 PM
    I'm sorry, I haven't monitored the web-site since my last posting.

    Today reality hit me very hard. I am in my late thirties and I haven't had much adversity in my life regarding financial, career, family, etc.

    However; today reality really hit me hard.

    One gentlemen, his name was Raja Pitchai. He had asked me to help him file his I-140 and ask for cross chargeability to his wife's place of birth (singapore). USCIS accepted his package and his 140 got approved in a couple of months. (his priority date; india became available one month later anyways (he was from india eb2).

    He was the one of the nicest guys I have talked to. Very courteous fellow.

    They couldn't approve his case because he was stuck in name check. Well, his wife called me today and told me that he passed away last week (brain tumor). He had two U.S. citizen children but him and his wife have no relatives here.

    She doesn't seem to be interested to stay here (she wouldn't be able to keep the greencard process going anyways because the death of the petitioner is automatic denial). She is leaving USA and was going through all the things she needs to wind up. I don't know if she would have stayed here if she got the greencard and I didn't want to task. Reality really him home today.

    I need a couple of days to get over this.

    It is very sad to hear this story. Very sorry for him and his family. May god bless his family. When we here this kind of story, in a foreign land where no relatives are there, the life is so pathatic here. The reality is differnt. There is something big and important for us other than green card. The life, health and family is very important than GC. May god bless all of us.

    Once again, very sorry for your nice friend.



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  • m306m
    02-14 01:48 PM
    lazycis/hopefulgc I am willing to send $10 as a token of support for your initiative. I am impressed by your confidence and conviction. Let us form a new group and we will definitely get moral support from all good IV members. Personally I dont want to be plaintiff as I have too much to loose. But I support your group. Waiting for your direction.

    I am willing to contribute $10 to get solid legal advice on this and I am willing to contribute a lot more in a lawsuit IF and ONLY IF there is a strong legal basis for it. I have voted NO on the poll, I would prefer we take a more conciliatory approach to USCIS. As the saying goes "You catch more flies with honey than with vinegar." Having said that, if IV were to go ahead with the lawsuit, I could be counted on to contribute financially.

    I appreciate IV for its efforts. Happy V'Day.





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  • bigboy007
    06-13 12:35 PM
    One things for sure, we cant clear all the problems EB Community is facing in one shot. Agreed that EB Visa recapture will help temporarily but that helps a lot , Still the movement should go on either on country cap or something that would eliminate backlog. But one thing for sure if we keep debating that we need all in one shot its not going to happen. One can keep complaining that i am ahead of many of others but think analytically, we dont enjoy a great support either in house or senate, getting a simple legislation or getting our cause on CIR is itself a big thing here.

    Outsourcing is going to happen or not its a different story. US has shifted 99% of it manufacturing jobs, if all admin , it jobs are going to go away where does the money come from to run this country ? Eitherways it is going to happen more in recession, but how is that going to effect our outlook in this discussion ?





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  • advad
    07-16 01:49 AM
    Hi there,

    Here is my situation, any help to resolve this is appreciated.
    - My self (primary) & my wife's(derivative) I-485's (PD June 2002) were filed in March 2007.
    - My I-485 was approved in July 2007, my wife's was pending due to NC.
    - My wife's employer filed PERM (PD June 2007) & then filed I-140 in March 2008.
    - We recently contacted NSC regarding my wife's case status, we received a letter from them stating that, her I485 is waiting for I-140 to get approved.

    They linked her new I-140 to her pending I-485 that was filed as derivative.Is this USCIS error?.How to correct this error and have them consider her I-485 application as a derivative application?.

    Thanks for your help.

    [COLOR="Blue"]Your attorney should get in touch with the USCIS.This situation can be sorted out with informing the USCIS. In case you require any assistance please get in touch with me.

    Thanks for your response.My attorney sent a letter explaining the situation along with relevant documents.How long does it take to get updated?.It's been 3 week s and i still don't see any updates to the case.
    How can i get your contact info?.

    Thanks





    dreamworld
    05-02 01:12 AM
    Guys Peace..

    Every freedom fighter is a terrorist first. We can get this from history. Do you know who killed
    mahatma? Why? We can make a different argument. But there are differences between freedom fighters. But the ultimate goal is getting real freedom to the civilians who are fellow souls suffering from all kinds of issues from majority rulers.

    Not a single way to solve our immigration issue here in USA and not just ImmigrationVoice is fighting. It applies to any freedom struggle. There are many different freedom fighters fight for the same people for the same case.

    Guys look at Srilanka Tamil as Native Tamils from Srilanka and look what was done to them in the last 50 years from the beginning of Srilanka independence from British. Know the history and then make your point.

    There is a large humanitarian crisis for Srilanka Tamil in northern Srilanka after the Srilanka military invasion and world is ignoring it.

    I know nothing can be brought by killing people but only by peace and democratic and diplomatic approach can bring peace. Peace and Pray for all fallen freedom fighters in the world. Peace and NO WAR.





    samay
    07-28 04:25 PM
    question for lawyer.
    please find my details and dates as per below. my questions are as below.
    thank you

    First H1b approval Date:08/28/2001
    First H1b Stamp: 12/04/2001

    first H1 transfer:notice date: 05/16/2002
    first H1 Transfer approval date:09/25/2002
    second H1 Transfer Notice Date:03/20/2004
    Second H1 Transfer Approval Date: 09/10/2004
    First Permanant Labor Apply date: 02/28/2005
    H1 Extention on second H1 transfer:04/01/2007 to 03/31/2010

    Filled I-140 in March 2005 after Labor approval from backlog centre.
    filled I-485 in July 2007.
    Got RFE on Ability to Pay in sep 2007
    Filled Motion to reopen which got denied.
    Another Company filled Labor in March 2008.
    Labor got approved in May 2008.
    Filling I-140 in primium ?????


    question:
    H1 expiring in March 2010. will my H1b get extended based on the new Labor even if the labor was filled after the six years limit?
    do you think filling I-140 in primium will help in this situation?
    Does the out come of I-140 affect any other new application from another or same employer?

    Your case is a bit complicated and to answer your question I will have to look at your papers and the reason why your motion to reopen was denied. If you want a consult with me please take an appointment by going through Pappu. Thanks.