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  • thomachan72
    01-13 02:59 PM
    One important point from the document: If employer can not directly control/supervise his employee's work and then H1B new petition/extension may not be approved.

    Are these provisions new? I am not aware of the previous laws reg H1bs that is why I am asking. Previously employer did not need to have direct supervision?





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  • ebizash
    07-21 12:23 PM
    got into it, pulled off 3 weeks later. they refunded my investment w/o any issue. but yes never lost that persons contact who got friendly with me for this and we remain good family friends. so there are exceptions.

    We also remained good friends with the people who left our group... you know why... because we had no other options as we had no other friends left outside Quixtar (which was Amway before 2001 and is again Amway since 2009)

    Not saying that it applies in your case as well... but just telling you from my standpoint..





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  • venky321
    01-13 08:52 PM
    Can USCIS face legal challenges on this? It was just a memo, no law has been changed by the Government; the laws are just the same they were when they let it about a million people or so through these IT consulting companies.

    Now they go back and say that was a misinterpretation of existing laws :eek:





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  • mallu
    02-16 01:50 AM
    ......

    When a category becomes "Unavailable" it means that the entire annual supply for that category has been used up for that fiscal year (which ends Sept 2008). Given the degree of the EB-3 ROW retrogression, I very very much doubt there will be ANY spillover from ROW to India. At present, DOS plans to move EB-2 India only if EB-1 India has excess visas. The quota for for EB-1 India is 2803 (including dependents) in any fiscal year. So let us consider some scenarios -- say half the EB-1 India are available, so 1401 are given to EB-2 India -- do I think there are 1401 EB-2 India applicants with dependents ahead of me -- average family size of 2.2 means approx 636 applicants? Yep! No doubt about it! Hell I'm sure that there are 2803 EB-2 India applicants ahead of me.

    ....

    Suppose the admin fix to recapture 'lost' visas is a success. How many will India Eb2 get out of that ? May be 5000 ?
    One really needs to know the number of India Eb2 applicants pending in each year ( of PD ) . If it iturns out , say , there are 25000 I-485 applications with PD up to year 2002, then ?!
    Will a USCIS customer service rep be able to help us with this question :
    "Sir/Madam how many India EB2 applicants are waiting , with PD earlier than mine ? " .



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  • eagerr2i
    08-30 01:43 PM
    You are right on the mark. Need to be physically present 2 years of the next 5 years for your immigration status to be alive in Canada,





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  • mbawa2574
    02-15 04:25 PM
    Human nature is what tends to create the monopoly. That's the reason for having laws, we know favorism will always exist but a law would prevent it from going over the limit. The way you want it we'll have whites-only-business, asians-only-business and so on..
    When you are tired of this discussion you should ask to stop the ones who started it saying their people are better and brighter than others and hence deserve larger immigration volume, before you ask to stop the people who answer them.
    America is about freedom and liberty and is a law abiding country. Country caps is discrimination with people of two countries which have almost half of the population in the world. I am not saying increase visas for India or China. I am only saying increase the total number of visas and then make the system FIFO so that every skilled person in this world have same access to immigration.



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  • saileshdude
    05-28 11:35 PM
    EB2 and EB3 will be in queue for sometime, fact being the latest fraud by Indian IT firms.

    Please read then post comments.

    I personally know 7 people who came to US in 2008 via Indian IT firm - designations [Sr Project managers or Program manager]....

    Applied for GC under EB1 and every one of them have a GC now....not to mention few MNC's based out in India have done the same...one of my friends who works for an US based consulting firm in Hyd is here in US on H1B [12 months] he has a GC.....EB1

    Before it was Labor Substitution cases that caused suffering everyone who is waiting in line for years. Now it is this fraud EB1 cases. I am planning to write to Ombudsman to bring this to the attention of USCIS to process EB1 cases from India with extreme scrutiny.
    Indian IT firms make designation as multinational executives where in actuality these people are just bunch of clowns. This needs to be controlled now before we have another year of misuse of EB1 cases. Is IV going to do something to make sure EB1 cases really get scrutinized and are given to only who really deserve it. I think thats one of the things IV should be pushing for.


    I am pretty sure Cognizant is one of the companies who is doing this.





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  • a2k2
    01-13 04:09 PM
    As someone in one of the threads had mentioned, say "All is well" and you will feel better!!!



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  • snram4
    01-17 10:14 AM
    Even if it is ok to fight how much resource IV have it to fight multiple issues. Resource means not just money but also time, manpower and effort. Most of the issues can be resolved if EB reform is done as people need not renew H1b as most can get GC within 3 years. Law clearly tells that there should be valid job position for H1b at the time of filing. For consulting bodyshoppers will bring persons here and search for job. That is clearly violation of law.
    But certainly it can be requested to USCIS to change if geneunie persons are impacted. If memorendum is violation of law then USCIS will face lawsuit and you can also do that



    There is no such requirement for fresh H1B as well as renewal as per Law. That is why we call it an ILLEGAL memo. We all need to fight this together.

    NB: I am not a specialist in law





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  • gc28262
    09-04 11:48 AM
    Deleting this thread does not change the facts nor does IMV will gain anything out of it. The reason we even discuss these things here other than immigration is because we have immigrated and we have a common bonding.

    _TrueFacts,

    IMO IV is not a social networking site for Indians. IV was established for a purpose. Anything that goes against IVs intention should be deleted.

    First of all this topic is not at all related to immigration.
    More importantly this thread will cause lot of bad publicity for us.
    After few weeks you will see TR and Co picking up on this thread and quoting it.

    It doesn't matter whether YSR is good or bad, speaking ill of a dead person is considered uncivilized.



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  • krishmunn
    07-27 03:23 PM
    Oh yeahhh..."1099-int" was a rhetorical statement as you mentioned it.
    Don't worry I have already done my homework with law offices or CIS, as I had to show all incomes during interviews. Keep on squeaking.

    Good to know that a EB 3 spot will soon be freed up when you are deported for your "unauthorized work". I now really wish more people (even EB2) join Amway . We might not need a CIR after all :)





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  • lazycis
    02-13 11:26 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).

    Rajiv S. Khanna: $660/hour
    Attorneys: $320/hour

    http://www.immigration.com/ourservice/hourly_charges.html



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  • JunRN
    09-23 03:26 PM
    Judiciary committee is busy talking about horses...instead of houses....maybe we should say we will buy horses instead if they give greencard...

    just kiddin'





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  • user1205
    02-12 05:09 PM
    They need to pump up more numbers otherwise getting rid of quotas doesn't help much.

    Per country quota sucks big time. DOL/USCIS needs to get rid of it ASAP.



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  • pappu
    01-28 08:28 AM
    I did not understand the meaning of this add. Please explain. Thanks!
    Such companies sell pre-approved labor certificates for several thousand dollars (I have heard 20K) and use it as a means to lure employees. Their LCs have very early priority dates and H1Bs are tempted to apply for such jobs. By mentioning LCs in their ads, they are also calling H1Bs to apply rather than being an equal opportunity employer for all people (including US citizens). All this gives a bad name for H1Bs and the greencard process. Anti immigrants use it against us in their campaign.





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  • GCard_Dream
    10-18 07:21 PM
    You are right. You are allowed to stay 3 years out of last 5 years outside of Canada. Your PR should still be good.

    Dear Folks,

    I got my Canadian PR in Sep 2005. I did the landing and gave a canadian address after which I got my PR. After that I was under the assumption that I have to spend atleast 2 years in a span of five years and did not take any attempt to land into Canada using PR. I am thinking of applying for SIN by post while I reside in US.

    I am not sure now if my PR is still valid??

    Can someone advice?



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  • venetian
    05-12 04:04 AM
    Come on guys

    Why there is so much name calling

    I read the entire forum postings to get a perspective. I might quote from most of the participants.

    Honestly speaking most of us are members of IV because we want to fix the problem with employment based legal immigration system. We do this because we want to get GC to settle down in life, or to get the deserving promotion or start the new venture we were dreaming about - all in the US. Many of us may eventually apply for the US citizenship.

    In some of the forums, members talk of being born in India or China as sin, they get so desperate during the visa bulletin announcements, depressed when they see the PD moving backwards, envy non India & China EB2 applicants, heated EB3 vs EB2 debate, heated labor substitution debate etc etc etc. Personally I know many who curse themselves for being born in India, I’m sure they do not literally mean but it is out of frustration of being in this country for many years and not able to do what they wish in career or in life because of the GC issue, that being said,

    Nandakumar’s only grievance is that present Govt of India does not help or care for the suffering of Sri Lankan Tamils, I cannot speak for him but I think because of his intense support for the cause of SL tamils, he might have over stated his displeasure towards India but he never once mentioned Tamil Nadu or its secession or even splitting Sri Lanka , or fights between some of the states in India, or anything related to regionalism and did not even mention or support LTTE in his original postings but only to respond to other members postings.

    As I said earlier, all most all of the IV members want to get GC and may want to become US citizen, I’m not sure whether the members who had responded to Nandakumar’s postings have the intentions of permanently settling down in the US. If they do, I don’t see any difference between end objective of either of them, one may present extreme view of protest and reason that for getting US citizenship and other might reason that there is better opportunity in the US than India to get US citizenship, bottom line is both want to leave India and become a citizen of another country, in this case US and show allegiance to the US and its constitution, there after both needs to get Indian visa to visit India, what an irony.

    We are a educated lot, I think members should show restraint and stop this name calling business, if they do not agree on an issue, they should agree to disagree but should not disgrace a person and as another member did, do not bring parents into the discussion, just because the other party has opposite view.

    Recent past USCIS has raided many Indian owned consulting companies for visa and immigration fraud, earlier too few consulting company bosses were arrested for labor substitution fraud etc, this shows how desperate are people to get GC, why someone has to involve in such frauds to be in the US permanently, what India or their home country has done to them, to leave their home country for US, there are many whose business is to bad mouth India with others. What to call these people?

    Another interesting aspect is, nandakumar speaks for himself but others speak for all the Indians, not sure who elected them to represent all the Indians and how do they know the views of all the Indians.

    A honest question for the members who are bashing Nandakumar, you are all here in the IV forum for time pass or with the intention of helping IV to work towards overhauling employment based legal immigration process and eventually to get GC and the US citizenship?

    PS: I do support the genuine aspirations of the SL Tamils and NOT any organization designated as terrorist organization by some countries including the US and India

    Nandakumar,

    It is pretty much proven that in your mental territory you have already ditched India and it is the USA which will take long to grant you a GC and then afterwards citizenship for which you almost represented your beggar like mentality. But that is not my concern and should not be. I have only one question to you and I hope youwould try to answer it with all possible honesty.

    Q: What will be your view regarding USA's official policy to consider LTTE a terrorist organisation? ONce you will be come US citizen how will you align yourself with this policy?





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  • carpediem
    05-28 11:45 PM
    Can someone tell me if this is right?

    - Total number of EB-2 visas = 40,000
    - 7% of 40,000 are allocated for India = 2,800
    - Number of EB-2 I I-485 apps pending = 30,000

    So if there is no spillover from other categories it will take north of 10 years for all the people who applied for I-485 in the July 2007 fiasco to get Green Cards. The only caveat to this would be attrition or legislation.





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  • hopefulgc
    02-13 07:36 PM
    Done.

    hopefulgc - please dedicate some time and update your first post with more information on lawsuit, you may want to quote lazycis 's posts and other information.

    A lot of people may not be very knowledgable and may backoff when they see the word "lawsuit".

    Those who are saying YES on the poll - it is assumed that you will not backoff - if you have not yet updated your profile on IV - please update your complete profile - this will show that you can be counted on.





    TeddyKoochu
    09-15 05:09 PM
    The spillover magnitude and volume really holds the key to our future, does a quarterly spillover work out better for us, does it help generate more numbers? Looks like the spillover last year was random, how do we explain the date going back to 01-JAN-2000 for sometime before bouncing back? Looks like things are on solid ground this time as unlike the previous years as we did not see a rollback of dates in the Oct bulletin.





    12Karan
    08-15 06:53 PM
    Indians are masters in creating unnecessary ourage. Look what a big deal the Indian media made of students being attacked in Australia. Indians declared Australia as a racist country and they branded Britain also as racist when Shilpa Shetty episode took place. Now also they are making a non-issue as a big deal. It seems that Indians thinking is buillt around that all the world is racist and biased toward India. But, when it comes to showing ourage to genuine issues they are always silent. So many horrible things happen to millions of Indians everyday but no body cares about them. Also, when chinese think tank published a report last week about breaking India in many states, there was no outrage. As compared to this news SRK news is nothing. The reason is simple chinese will shut Indians out because they know what works while dealing with Indians.