Saturday, July 2, 2011

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  • sidbee
    06-01 02:59 PM
    Generic lawsuits are not the answer. We should use the above information when we talk to the lawmakes and also use this as rebuttal to the anti's. Lets focus on recapture, venting is not going to help, lawsuits will only help make the lawyers richer(just look at the houses and cars of immigration lawyers ;))

    SSA depends on different countries. People from Mexico and Sweden for example will not have this issue. India does not have a treaty with the US.

    I do not agree ,
    They should not deduct SS/Medicare taxes, If i am not eligible for it.

    So basically you pay for a CAR , and you dont get the delivery.. What do you do??

    We have been trying for the recapture. And i see no success, or even close to sucess.
    A good lawyer, can prove that the country quota is a racial discrimination or is unconstiitutional.

    I may be wrong , and this is just my opinion.

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  • tonyHK12
    01-13 01:05 PM
    I think you should start (not affiliated to IV) similar to

    IV works in the interests of both EB2 and EB3 as amitjoey mentioned. we cannot create a Bill to get relief for only one category.
    There already exists an very small, unsuccesful org for just EB3 that core is aware of, and they consider IV as their competitors because
    1. They do not understand and know nothing of how IV works (just like plainspeak)
    2. They want to get donations and members away from IV and make money

    These statements give her away. This is what they do try to pressurize IV to do their agenda. Enough said. Ignore the sales agent. They are trying to incite a fight between EB2 and EB3 just to split IV.

    I think you should start (not affiliated to IV) similar to
    There is an old chinese saying

    Be careful what you wish for it just might come true

    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.

    The other posts were just a diversion to show you are not completely rogue. You just have a single agenda - to promote your organization.

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  • harsh
    02-13 08:42 PM
    I am following this discussion and it is interesting. Here is what I get so far.

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

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

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

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

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  • gomirage
    06-11 07:24 PM
    Congrats, you have arrived. Now, somebody, close the door please !!!

    To be honest, I do agree that the US needs qualified people with skillsets. The real question is "Are the people from the desi consulting companies the real qualified lot ? " Just to get my background details out of the way. I am a new member, from India ofcourse, and I have recently applied for my citizenship. Now with this huge deluge of immigrants, especially from the desi consulting companies, I feel that my quality of life is getting adversely impacted. Do not rush to conclusions that I am anti Indian or anti immigrant. 12 years back when I first got my H1 visa, the requirements to qualify were strict. Staffing companies to a decent extent followed rules and tried to get the best and the brightest. Once the dot com boom started, people from all walks of life entered IT. This was true of not just the Indians but also of people in the US. Soon after the bust, the value proposition from these staffing companies was simply low cost. This is not to blame the staffing companies. They behaved in an economically rational way.

    Consider this scenario. If you run a consulting company, wouldn't you try to maximize your profits by staffing people in projects at the least cost ? This is econmically rational. You wouldn't worry much about the quality of the deliverables and all you would care is to dump as many bodies as possible at the client site or offshore and get the maximum bang for the buck.

    In this scenario, how is it feasible to expect immigrational justice when the bodies themselves dont provide exceptional talent and skills but simply offer low cost ? Now you would be tempted to bring in the analogous case of illegal low skilled immigrants. Remember they are just that - low skilled workers. They dont "steal" the jobs of high skilled workers. But this dumping of IT workforce has completely brought down the standard of living of the IT workers here. To be honest, those who get green cards today would feel the same way five years from now when the next wave of so called "skilled IT immigrants" offer even lower wages and destroy the quality of life.

    In summary, this retrogression is good in a way. The truly best and the brightest would still be employed until their turn for adjournment comes in. Only the weak are currently scared of the delays. I went through the same torrid GC phase after the tech meltdown in 2001. I was not worried of my job then but many people whom I knew got clobbered and were forced to leave. This is the darwinian flush and it will take its toll. Trust me this the bitter truth. If you people still consider that all the people on H1/L1 are part of the best and the brightest, they are WRONG. Only a small % (probably 20%) are the true best and the brightest and a good 50% will be flushed out. Sorry to say this and hey give me the red dots.


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  • deba
    07-03 05:04 PM
    I am India EB2. Labor cleared 2 years back, I140 cleared more than 1.5 years back and I485 pending for more than a year. Have EAD and AP.
    Currently continuing under same employer with I797 valid till Dec/2008. I will complete 6 years of H1 in Dec.
    I would like to change to a new employer with a new H1.
    I believe I am eligible for a 3 year extension based on above conditions.
    My question: After I get a new H1 and invoke AC21, but supposing old employer withdraws I140, what happens to the new H1?
    Since it is to be issued for 3 years based on labor/I140 cleared etc., what will be the situation if the underlying I140 is withdrawn by original sponsoring employer?

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  • amsgc
    07-04 12:58 AM
    Agreed !!

    These days i'm driving back from work instead of taking the Train/subway because my client location changed and i built this habit of listening to
    Talk radio by guys like Howie Carr , Michael Savage etc.. ( WRKO 680 at Boston) and they really influence Public decision....

    They were beating the s*** out of Bush, Ted kennedy because of CIR ( atleast verbally ) and calls after calls were coming from local american Public...

    But our story may not be very interesting for Locals - so talk radio probably won't take it up as a Topic ???

    It depends on how you put the issue across to the talk show host/american public. If you say how you want a green card, high skilled, legal immigrants, etc., then general junta is going to club it all into the "immigration issue" and our voice will be lost.

    However, if you put yourself across as someone who got the shaft by the government, victim of mismanagement of govt. agencies, and possible msiconduct, then people are likely to listen. This is because American citizenry is very particular about where their tax dollars are going, and if they don't find transparency in government functions, they will demand explanations.

    If you listen to the programs, then you should call.


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  • drirshad
    07-30 05:24 AM

    posted 07-24 09:59 AM

    Ron Gotcher has some thoughts on India E2 movement over the next two months.

    More and more, I see people posting messages containing the unspoken assumption that since the Indian E2 cutoff date has moved forward, it is likely to move forward further in the coming months. This is a false hope.

    Even with a cutoff date in early 2003, the CIS has sufficient inventory of Indian E2 adjustments on file to use up the remaining inventory of E2 visas for this fiscal year. The reason that the Visa Office advanced the priority date is to move it up to the point where overseas consular posts can take up the slack left by the CIS's inability to close out enough cases and avoid wasting visas this year.

    The CIS inventory of pending cases is massive. If there were no quota at all - if everyone were suddenly "current" - and no new cases were filed after today, it would still take the CIS four to five years to close out all of the pending cases that they already have in their inventory.

    Overseas consular posts maintain inventories of cases as well. When the priority date for a particular case starts to edge forward and it appears that the applicant may become "current' in the not too distant future, the applicant is told to submit all required supporting documents to the post or the NVC. When this is done, the applicant is reported to the Visa Office as being "documentarily qualified." This means that the case is in a position where an immigrant visa can be issued to the applicant as soon as a visa number becomes available.

    The inventory of documentarily qualified cases with current priority dates at a consular post never exceeds that post's ability to process all such cases within sixty days. Consular posts have very high bandwidth processing capabilities. No matter how many cases become current, they are able to process all of them within sixty days.

    The reason that the Indian E2 cutoff date has moved forward is that the Visa Office fears that the CIS will not be able to adjudicate enough adjustment of status applications to exhaust the annual quota. They have advanced the cutoff date in order to make more cases overseas eligible for final processing.

    This means that overseas consular posts have exhausted their inventories of Indian E2 cases with priority dates earlier than 2006 and the Visa Office had to move the cutoff date forward in order to make more cases eligible to be closed out.

    This does not mean that the CIS has closed out all of the pre-2006 cases pending in their inventory. Far from it. When the new fiscal year starts, Indian E2 is likely to retrogress back to late 2002 or early 2003. This is roughly the point reached by the CIS in processing their inventory of pending cases.

    Please understand that this is a temporary phenomenon and due entirely to the difference in the processing capabilities of the CIS and the overseas consular posts.

    I hope this clarifies matters.

    Ron Gotcher

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  • beautifulMind
    07-16 02:47 PM
    I am currently working as a Programmer Analyst on EB3 and Using my EAD through 485.

    I plan to convert to a new postition that of Senior Applications Developer in the same company where the job duties will be atleast 50% different from my existing position

    But here is the problem If i am using my EAd obtained from Eb3 program Analyst position then can I work on another position which is 50% different from my existing position as per AC21 rules


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  • h1techSlave
    09-25 07:19 PM
    Quarterly spill over is the only sensible option which can be done at this time. This is the only option which might be doable and which is supported by both EB2 and EB3.

    Visa recapture and all the other major law changes - not much of a chance in this political climate.
    Re-instating vertical spill over - welcomed by EB3; but strongly opposed by EB2.
    Current spill over (horizontal) - welcomed by EB2; but strongly opposed by EB3.

    Quarterly spill over: no law change required; supported by both EB2 and EB3. This is the way to go.

    Unless IV request DOS for a quarterly spillover DOS would not do it. All the good things that happenned in the last 2 years were because of IV involvement starting with the July Fiasco when USCIS accepted 485 applications, I am sure the report published by USCIS about the pending 485 was done because of the FOIA filed by IV.

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  • samay
    07-29 10:58 AM
    Hello Sir,
    I am in a process of getting name change for my wife on pending I485. This is because her first name is given as 'No Name Given' by USCIS on the I485 file, EAD and A.P. As she did not have first name in passport.

    We recently got her name change on passport by adding my(husbands name) as SURNAME. Now we want to refelect this change on EAD and 485.

    Sir, can you please let me know the process of amendment to get name change on the file. What applicaton do I need to fill, and what documents should i send with the form. Can I do it on my own or do i have to go thru a lawyer.

    Your answer is highly appriciated.


    You will have to draft a letter and submit all documents which you submitted for making the change on the passport. If you want assistance you can get in touch with me. These documents will include your marriage certificate, copy of your passport etc.


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  • breddy2000
    09-03 11:10 PM
    chill - u r working in US because have skills - got visa applied for Green card. In what way did Rajiv Gandhi help you? So do you say that everyone immigrating to USA from every country is because of Rajiv Gandhi?

    I see that u r arguing just for the sake of arguement. Come on man. expand your thinking capacity - U r responsible for your own life and you do things in life that suits you. Just like how u r a software guru, politics is also a field which has become a "career oriented" field. Now, a lot of people trashed SRK during discussions, I did not understand what his fault was, for such trashing.

    Now, the reason why a lot of people trash YSR is because of his corruptive governance - which crossed all limits.

    If you think that one has to respect someone just because he/she is a leader - that may not be practical

    If you don't know the difference between Policies and Politics I cannot help it.I'm talking about policies created by Govt in Power
    That's all I can say....Good luck

    And your ID is revealed _TrueFacts....That's all I can say and which u are very well aware of.

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  • akred
    02-13 12:36 PM
    I think the US government wanted it this way.

    Yes. Racial exclusion and preference for European immigration has a long history in US immigration law.


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  • rick_rajvanshi
    03-20 11:27 AM
    You can renew your permanent resident card only if you lived in canada for atleast 2 years in 5 years. And to get the card, you need to get a guarantor signature who knows you for atleast 2 years e.g. a physician, attorney, etc

    If you dont have guarantor - you can use any public notary - not a big deal . they 'll sign your PR Card application for $60 Canadian per application - This is only for people who are already a landed immigrant and do not have a plastic PR Card. You can also keep traveling to Canada without a Plastic PR Card ( for your US visa renewals etc. ) but in your own car only. But the max limit is 3 years from the date you have first landed - You must start maintaining your residence in Canada with in these 3 years before your residency becomes invalid.

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  • okuzmin
    10-05 06:07 AM
    Yes... at the time of application the H1B should be valid for at least 1 year.... I got my papers returned to me coz of this. I reapplied once I renewd my H1 for 3 more yrs

    It doesn't have to be H1B; you simply had to enter the USA legally (in any status) and stay legally in the country for at least one year. F1, J1, H1, L1, or any other status -- it doesn't matter.


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  • smuggymba
    07-27 11:33 AM
    What has EB5 to do with amway?
    Did I mention I'm making millions? Obviously on the way, but atleast I have something to fall back to if I loose my job. Do you?

    As someone else mentioned on this forum, it is illegal to earn while on H1-B from sources other than your employer.

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  • tikka
    07-03 06:42 PM
    both stories are top on Upcoming Stories-> drop down (Most Popular)

    for helping us with this... :)


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  • akred
    02-18 12:31 PM
    Reason it was retrogressed is probably everyone was getting everyone of their relatives, etc., to come to USA through employment base. The country quota in my mind is designed to prevent such abuses of people making an end run and designing systems to get people from certain countries here.

    You are theorizing based on circumstantial evidence, but the history and origin of the country quota does not support your conclusion. The fact that the DOL and UCCIS would not be able to keep abreast of illegal behavior is not something that would have been known at the time the country quota was introduced.

    The other issue with your theory is that the abuse you are referring has its roots in the fact that the employer controls the green card process not the country quota. If I really want to abuse the country quota I would change my name and get a fake SSN / green card and wait for the periodic legalization initiatives or even simpler, get a birth certificate from the right country.

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  • don_don
    03-16 01:28 PM
    Are you from India,,if yes, think again,,,the EB3 2003 PD may not buy u much,,u may be well know trying to go for perm and 140 with current EB2...eb3 for india is a black hole,,,i hope u know what a black hole is,,,its kinda dangerous!!

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  • waitingnwaiting
    01-14 03:39 PM
    I would like to see Plainspeak's project plan on his idea. The plan should detail out timeline, budget, manpower and responsibilities. Most importantly what will Plainspeak do in this plan as a responsibility.

    Let us see if you can only write junk or can even post something useful.

    I did not see any plan yet. Basically he is wasting time with opinions from behind.

    08-15 10:47 PM
    I believe visitors get finger printed and photographed . Isn't that in the system ?
    If they felt suspicious on this 'khan' they should have pulled the records from computer .
    Dealing with USCIS ( and the service center Information Officers ) , they are either arrogrant or idiots. They also hate computers.

    09-14 05:05 PM
    Your assumption is correct, But i am not sure if the spillover happens every quarter. Are you sure it happens every quarter. I thought it happens only @ last quarter.