GCard_Dream
10-04 02:39 PM
Well.. may be because we don't have any legislative issues to talk about until congress comes back from recess in November. By the way, how do you know that this practice might be ending soon. I know DOL was considering this and was receiving inputs back in April but nothing came out of that. They have thought about this before and they are thinking about it again. DOL knows that this system is being misused to the fullest extent and want to put a stop to it but they never do due to the pressure from companies misusing them. Why do you think DOL will act now? I have my doubts that anything will be done.
I have seen at least three thread in the past that discussed labor sub bashing. So you guys made your point, it is an evil practice and it screws those standing behind. We already know that this practice might be ended soon. So why are we discussing this issue for the fourth time all over again? :rolleyes:
I have seen at least three thread in the past that discussed labor sub bashing. So you guys made your point, it is an evil practice and it screws those standing behind. We already know that this practice might be ended soon. So why are we discussing this issue for the fourth time all over again? :rolleyes:
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unitednations
02-18 10:13 PM
In my opinion, it is more relevant to EB immigration....To support a higher number of benefit recipient you need a higher number of EB immigrant who are more likely to be productive that FB immigrants.....
Now that is equivalent of passing judgment on FB immigrants as being unproductive.....I know I am going to get flak on that...
Remember a few posts back; I had said that I thought it was difficult to get h-1b or EB based greencard because it would be pretty difficult to prove that no American is qualified for the job. I wish I had never got involved in immigration so that I could have kept with that thought.
However; I am sure that just about everyone on these boards also thinks that.
The employment base definition of a skilled worker is a job which requires two years of experience (this is the same thing as a professional worker where the job requires a degree). Would you be surprised to know that just about everyone who is coming through family base or lottery visa would also fall into the definition of skilled worker.
In the past three years; I have seen an administrative assistant get sponsored as a skilled worker; a cook making $8.50 as a specialty cook at an Indian restaurant; 8 phillipinos getting sponsored as cooks with a wage of $9.00 at a restaurant; a convenience store clerk; (from reading administrative appeals decisions; i have seen a driving instructor, horse trainer, etc.). All of these jobs fit into a definition of "skilled worker" and share same eb3 category as professional.
Now that is equivalent of passing judgment on FB immigrants as being unproductive.....I know I am going to get flak on that...
Remember a few posts back; I had said that I thought it was difficult to get h-1b or EB based greencard because it would be pretty difficult to prove that no American is qualified for the job. I wish I had never got involved in immigration so that I could have kept with that thought.
However; I am sure that just about everyone on these boards also thinks that.
The employment base definition of a skilled worker is a job which requires two years of experience (this is the same thing as a professional worker where the job requires a degree). Would you be surprised to know that just about everyone who is coming through family base or lottery visa would also fall into the definition of skilled worker.
In the past three years; I have seen an administrative assistant get sponsored as a skilled worker; a cook making $8.50 as a specialty cook at an Indian restaurant; 8 phillipinos getting sponsored as cooks with a wage of $9.00 at a restaurant; a convenience store clerk; (from reading administrative appeals decisions; i have seen a driving instructor, horse trainer, etc.). All of these jobs fit into a definition of "skilled worker" and share same eb3 category as professional.
kumarc123
11-06 02:09 PM
IV is started for one cause, that is to eliminate the unfair country quota and speed up the green card process. Let us stick with that.Do not divert by introducing these kind of proposals.
Few weeks before there was a fight between eb3 and eb2 applicants on this forum. Now you are starting a new group which favors who has money. This is not good. Let us unite and focus on one goal. I am not supporting this idea. Please drop this.
aps
Dude stop complaining and do what is expected for IV, I am not in a position right now to buy a house, but I do favor the idea. Mainly because this type of movement will create awareness among American people. Above all like the moderator said, the the Que will decrease. I understand your anguish and anxiety, please lets do something and not just waste our time complaining.
Recently we have more number of people complaining rather doing something. I understand we all are worried and anxious, but we need to keep doing something constructive, rather than complaining.
Few weeks before there was a fight between eb3 and eb2 applicants on this forum. Now you are starting a new group which favors who has money. This is not good. Let us unite and focus on one goal. I am not supporting this idea. Please drop this.
aps
Dude stop complaining and do what is expected for IV, I am not in a position right now to buy a house, but I do favor the idea. Mainly because this type of movement will create awareness among American people. Above all like the moderator said, the the Que will decrease. I understand your anguish and anxiety, please lets do something and not just waste our time complaining.
Recently we have more number of people complaining rather doing something. I understand we all are worried and anxious, but we need to keep doing something constructive, rather than complaining.
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dvb123
02-15 02:46 PM
Dvb, did you read the ruling? It denies relief and says that:
"We therefore join the Seventh and Eleventh Circuits in concluding that, in the current circumstances, the language Congress used precludes the INS from issuing a visa pursuant to the DV Program for a given fiscal year upon the expiration of that fiscal year. See Nyaga, 323 F.3d at 914; Iddir v. INS, 301 F.3d 492, 501 (7th Cir. 2002).8
8. Had Coraggioso sought relief prior to the expiration of the 1998 fiscal
year, our analysis may have been different."
So this case is not helpful to us, though it is good for us to be aware of its existence.
I read the end and it was unfortunate. I was talking about visa number reservation where they can reserve visa numbers for us in the future years based on the previous mistake they did. The court can compel USCIS to give visa numbers but maybe not in the same year but in a period of several years where there can put the newly applied i-485's on hold.
"We therefore join the Seventh and Eleventh Circuits in concluding that, in the current circumstances, the language Congress used precludes the INS from issuing a visa pursuant to the DV Program for a given fiscal year upon the expiration of that fiscal year. See Nyaga, 323 F.3d at 914; Iddir v. INS, 301 F.3d 492, 501 (7th Cir. 2002).8
8. Had Coraggioso sought relief prior to the expiration of the 1998 fiscal
year, our analysis may have been different."
So this case is not helpful to us, though it is good for us to be aware of its existence.
I read the end and it was unfortunate. I was talking about visa number reservation where they can reserve visa numbers for us in the future years based on the previous mistake they did. The court can compel USCIS to give visa numbers but maybe not in the same year but in a period of several years where there can put the newly applied i-485's on hold.
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kumarc123
10-06 07:22 PM
We should follow up on this. US Economy really can take advantage of our buying power. If they give us GC, people will start buying and stop sending their savings to off-shore. Also, buying each house comes with at least 50K other expenses (remodelling, furniture etc) and that will also help the economy.
IV should follow up on this topic with Lawmaker and see if they can understand the logic here.
I can't concur with you less, we need to send this message to American people, also immigrants in this country are the ones, who start maximum numbr of small businesses, more number of borrowing of laons from banks etc
Lets make something happen,
IV should follow up on this topic with Lawmaker and see if they can understand the logic here.
I can't concur with you less, we need to send this message to American people, also immigrants in this country are the ones, who start maximum numbr of small businesses, more number of borrowing of laons from banks etc
Lets make something happen,
snathan
01-18 12:45 PM
There is no doubt Everyone knows that H1b and GC laws are crazy. For that we need to fight to change the law but should not encourage to violate the law. If USCIS violates law lawsuit should be filed. That is the rightway.
How much you are ready to contribute for the law suit. Dont you have any job. Once you get your GC what are you still doing here. just eating everyone's head. Are you adding value here. Please go away.
How much you are ready to contribute for the law suit. Dont you have any job. Once you get your GC what are you still doing here. just eating everyone's head. Are you adding value here. Please go away.
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mbartosik
12-13 11:45 AM
There may or may not be constitution grounds to challenge the law, I've thought about this too, however from a pragmatic point of view....
1) The money needed to pay the lawyers would likely be more than for lobbying. Importantly money for legal costs is best to be on hand -- i.e. good cash flow, otherwise you risk missing legal deadlines. It would mean diverting money from lobbying. If we were flush with cash e.g. every member paid just $100 per year this would work.
2) Even among members of congress that are behind us, several have reservations about removing country cap (although they are willing to raise it).
3) EB3 ROW is retrogressed anyway. India EB3 is about May 2001, and ROW EB3 Oct 2002. The effect of only removing country quota would be put EB3 generally at about Oct 2001.
The way to move forward for all is to increase total through put, e.g. raise caps, remove dependents from caps, recapture unused quota, tie caps to multiple of H1B quota. For ROW it would move steadily forward, and India move and then would jump forward every 4th quarter with massive spill over from ROW.
As I said I'm not against the idea in principle, just being pragmatic.
1) The money needed to pay the lawyers would likely be more than for lobbying. Importantly money for legal costs is best to be on hand -- i.e. good cash flow, otherwise you risk missing legal deadlines. It would mean diverting money from lobbying. If we were flush with cash e.g. every member paid just $100 per year this would work.
2) Even among members of congress that are behind us, several have reservations about removing country cap (although they are willing to raise it).
3) EB3 ROW is retrogressed anyway. India EB3 is about May 2001, and ROW EB3 Oct 2002. The effect of only removing country quota would be put EB3 generally at about Oct 2001.
The way to move forward for all is to increase total through put, e.g. raise caps, remove dependents from caps, recapture unused quota, tie caps to multiple of H1B quota. For ROW it would move steadily forward, and India move and then would jump forward every 4th quarter with massive spill over from ROW.
As I said I'm not against the idea in principle, just being pragmatic.
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Ramba
05-01 05:30 PM
Seriously I don't care - my personal opinion that in this particular case it is none of our ( India's ) business to meddle in Sri Lankan affairs when they are on the verge of getting rid of a menace they have . Terrorism is not a solution of anything . Only peaceful times can bring happiness and prosperity.
Really? Then why did India meddle in Pakistan affairs and liberated East Pakistan (now Bangladesh) in 70s? People should post only after reading complete SL history and how minorities were suppressed. One point of time GOI supported and funded and trained LTTE. The problem for India as well as Sri Lankan Tamils is lack of strong/tough/clever leader like Indra Gandhi. The problem for SL tamils are the "ego" of Prabakaran. He himself wants to be a only leader and not yielding to anyone and not willing to compramise. The LTTE is necessary evil to solve this issue. Without them, one can not find a peace solution. Though, they did lot of mistakes and criminal activites, they needed in negotiation. All political parties in TN and GOI is playin drama in view of election. It is so pain to watch the situation of the innocent peoples trapped in this war. If India, would have stepped in long back, lot of innocent lives would have been saved.
Really? Then why did India meddle in Pakistan affairs and liberated East Pakistan (now Bangladesh) in 70s? People should post only after reading complete SL history and how minorities were suppressed. One point of time GOI supported and funded and trained LTTE. The problem for India as well as Sri Lankan Tamils is lack of strong/tough/clever leader like Indra Gandhi. The problem for SL tamils are the "ego" of Prabakaran. He himself wants to be a only leader and not yielding to anyone and not willing to compramise. The LTTE is necessary evil to solve this issue. Without them, one can not find a peace solution. Though, they did lot of mistakes and criminal activites, they needed in negotiation. All political parties in TN and GOI is playin drama in view of election. It is so pain to watch the situation of the innocent peoples trapped in this war. If India, would have stepped in long back, lot of innocent lives would have been saved.
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mchundi
01-23 06:41 PM
Can they use same LC for more than one I-140?
Trying to understand damage done by LC substitution scams.
My understanding is they can and they do that. U will only know when the AOS is taken up for processing. In this case there were 5 of them on the same labor. Even 140 gets approved, but not 485. I really wud like to know how VISA numbers get handled in these cases.
I know several guys who took this path. Of them only one was a genuine case. All others were some kind of deals. Only one of them had a bad deal(Thanks to Mandalapa). Others r still happy with their EAD's.
I mean this is a widespread practice. I situations like now when we have so few VISA numbers it is unfortunate one for us if those VISA numbers r lost.
Trying to understand damage done by LC substitution scams.
My understanding is they can and they do that. U will only know when the AOS is taken up for processing. In this case there were 5 of them on the same labor. Even 140 gets approved, but not 485. I really wud like to know how VISA numbers get handled in these cases.
I know several guys who took this path. Of them only one was a genuine case. All others were some kind of deals. Only one of them had a bad deal(Thanks to Mandalapa). Others r still happy with their EAD's.
I mean this is a widespread practice. I situations like now when we have so few VISA numbers it is unfortunate one for us if those VISA numbers r lost.
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vivid_bharti
05-01 05:27 PM
Sri Lankan Tamils may not be Indian citizens but are etinic Indians and that is what their problem is and it is the problem in several other places like Malasiya, Fiji, Trinidad etc. these people are still called Indians in these countries and being discriminated. India being a powerful nation should protect the rights of ethnic Indians, but it doesn't....most or all of us know the reasons, it is being ruled by a lame duck govt. who cannot protect citizens living within the Indian boundries, so even if they try to interfere in other countries affairs, I'm sure even a smal coutry like Sri Lanka has guts to say Shoooo!!!! to our foreign Minister. India does not have any respect whatsoever in the world politics now, whatever was earned during the NDA govt. is all lost, nobody sees India with any respect any more, so atleast in my mind I know the answer why India is turning a blind eye towards the killing of Tamils in Sri Lanka & blatant Human Rights murder by a tiniest neighbor
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alterego
07-24 03:27 AM
For USCIS, 2007 was "let's reduce some backlog in EB3-category" year.
It looks like 2008 is " let's reduce some backlog in EB2-category" year.
On both occassions they hid their plans in right in front of us, and said "gotcha" to every one- AILA, IV prognosticators and Ron Gotchers of this world.
I doubt USCIS will openly Re-revise the horizontal spill over policy. If they do that they may be challenged again forcing them to Re-Re-revise which will make them look even more stupider than they do now.
There are other means by which USCIS can deliver justice- mafia style- but within the current law. They need additional help from DOS,DOL, etc.
examples- (1) Generally sit on EB-2 adjudications, delay them and say there are unused EB2 numbers and allow them to spill over to EB-3
(2) Clamp down even further on PERM - stretch it from 8 months to 36 months for every applicant including EB2-ROW, make even more unused numbers available to clear backlogs.
p.s
I do not harbor any ill-will towards ROW or any other category. I honestly think above things are possible. :)
Not only is that possible, but they are probably likely to do so. PERM adjudications have already slowed down. 140 PP has been all but squashed and 485 adjudications appear random. So your points are well taken.
It looks like 2008 is " let's reduce some backlog in EB2-category" year.
On both occassions they hid their plans in right in front of us, and said "gotcha" to every one- AILA, IV prognosticators and Ron Gotchers of this world.
I doubt USCIS will openly Re-revise the horizontal spill over policy. If they do that they may be challenged again forcing them to Re-Re-revise which will make them look even more stupider than they do now.
There are other means by which USCIS can deliver justice- mafia style- but within the current law. They need additional help from DOS,DOL, etc.
examples- (1) Generally sit on EB-2 adjudications, delay them and say there are unused EB2 numbers and allow them to spill over to EB-3
(2) Clamp down even further on PERM - stretch it from 8 months to 36 months for every applicant including EB2-ROW, make even more unused numbers available to clear backlogs.
p.s
I do not harbor any ill-will towards ROW or any other category. I honestly think above things are possible. :)
Not only is that possible, but they are probably likely to do so. PERM adjudications have already slowed down. 140 PP has been all but squashed and 485 adjudications appear random. So your points are well taken.
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krishnam70
07-10 06:58 PM
yes there are numerous articles about that too. Atleast for IT folks things are ok
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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.
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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fall2004us
07-21 01:19 PM
I have had my own experiences with these stalkers, one time I ran into a guy in Walmart and he asked "are you from south India" blah blah....then he asked me "do you have my phone number", I told him "I just met you and how do u expect me to have ur number".....then he asked my #, I gave him my old land line which was disconnected, he called immediately saying that he is giving his # to me, the call did'nt go through, he asked me why? I told him straight on the face to stop this amway business deals with me, he just ignored and rushed to another aisle.
As others said, if some desi smiles and talks to you (which is rare) the first thing you think is that he is from amway......:D
As others said, if some desi smiles and talks to you (which is rare) the first thing you think is that he is from amway......:D
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John333
07-18 07:00 AM
Thank you for your answer.
Kindly let me know how to contact you.
Kindly let me know how to contact you.
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chanduv23
06-27 11:26 PM
First, prove there is a god.
Is there a birth certificate somewhere? Was it registered timely and does it have the First Name and Last Name for mother father and son?
Maybe he can get 2 affidavits instead of birth certificate
Is there a birth certificate somewhere? Was it registered timely and does it have the First Name and Last Name for mother father and son?
Maybe he can get 2 affidavits instead of birth certificate
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geesee
07-30 09:59 AM
When people with PD June 15 2006 will get the greencard???
after the people with PD Nov 27 2004 gets it :D
after the people with PD Nov 27 2004 gets it :D
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srkamath
07-25 09:46 PM
It is really simple.....
Vertical Spillover
EB2 (IN) ~ 12000 / year
EB3 (IN) ~ 18000 / year
Horizontal Spillover
EB2 (IN) > 18000 / year
EB3 (IN) < 12000 / year
On another note.
There is possibly an ongoing effort by some powerful people to compel "attrition by frustration" among all prospective immigrants. This Xenophobic philosophy will last till Jan2009, it will then subside.
It is just like high oil prices - make hay while........
Have faith in America, history shows it rights itself sooner rather than later.
Vertical Spillover
EB2 (IN) ~ 12000 / year
EB3 (IN) ~ 18000 / year
Horizontal Spillover
EB2 (IN) > 18000 / year
EB3 (IN) < 12000 / year
On another note.
There is possibly an ongoing effort by some powerful people to compel "attrition by frustration" among all prospective immigrants. This Xenophobic philosophy will last till Jan2009, it will then subside.
It is just like high oil prices - make hay while........
Have faith in America, history shows it rights itself sooner rather than later.
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maximus777
06-05 03:26 PM
There is already a thread working on Government of India to consolidate Pension Fund with Social Security. America already has this type of treaties with few european countries. But looking at the bereaucracy now, this may take next 10-15 years.
I'll take that timeframe as long as such an arrangement can be worked out. Most of us here have 15+ years to retirement. As long as we get back our hard earned money, and as long as the US govt/treasury feels the pain in disbursing billions of dollars into Indian economy. :cool:
I know, I can only wish! :rolleyes:
I'll take that timeframe as long as such an arrangement can be worked out. Most of us here have 15+ years to retirement. As long as we get back our hard earned money, and as long as the US govt/treasury feels the pain in disbursing billions of dollars into Indian economy. :cool:
I know, I can only wish! :rolleyes:
hopefulgc
05-29 03:38 PM
IV needs to bring up Charles to the podium and have him answer our questions.
Why?
Because his statements do not make numerical sense.
If he cannot answer our questions, we need someone else to take his job who can.
I am pissed.. are you?
I think as someone said this guy was randomly throwing numbers out there. How come his analysis does not account for remaining 36K EB1 and EB2 ROW applications. Is he suggesting that all EB1 and EB2 ROW are being used up also. Very hard to believe that for 2008 and 2009 with the way the economy is going. Lot of product companies where most of the ROW 485s would likely come from have stopped applying perm since last summer. There is a huge flaw in this analysis and its not as pessimistic as it seems.
BUT, then again we need legislation to wipe the slate clean and clear these 200K applications, so there is a new build up of visa demand and wait times are tolerable for current applicants and future applicants.
Why?
Because his statements do not make numerical sense.
If he cannot answer our questions, we need someone else to take his job who can.
I am pissed.. are you?
I think as someone said this guy was randomly throwing numbers out there. How come his analysis does not account for remaining 36K EB1 and EB2 ROW applications. Is he suggesting that all EB1 and EB2 ROW are being used up also. Very hard to believe that for 2008 and 2009 with the way the economy is going. Lot of product companies where most of the ROW 485s would likely come from have stopped applying perm since last summer. There is a huge flaw in this analysis and its not as pessimistic as it seems.
BUT, then again we need legislation to wipe the slate clean and clear these 200K applications, so there is a new build up of visa demand and wait times are tolerable for current applicants and future applicants.
prem_goel
06-12 01:32 AM
Guys, I've heard (and only heard - don't red me now) that Cognizant has its H-1Bs being rejected and I've heard as far as this that some of the people in Cognizant who got green card through EB-1 category have been deported due to investigation after complaints regarding misuse of EB-1 category by these companies.
has anyone else heard the same?
has anyone else heard the same?
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