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newbee7
07-09 03:54 PM
I dont think legally you can sue someone, because they have worked harder.
I posted this link , so that everybody may know the legal reasons, which we can be presented in a court of law.
If this lawsuit is accepted by the court , then the USCIS lawyers would tell what exactly happened.
I till now personally believe , that the USCIS/DOS hasnt broken any law.
They may have however changed a pettern,process , but no law has been broken.
Delhiguy,
YES! They did broke law by provisioning visa numbers for applications that had not cleared FBI check. Their book clearly says the visa number needs to be alloted only after the application is 100% ready for adjudication.
I posted this link , so that everybody may know the legal reasons, which we can be presented in a court of law.
If this lawsuit is accepted by the court , then the USCIS lawyers would tell what exactly happened.
I till now personally believe , that the USCIS/DOS hasnt broken any law.
They may have however changed a pettern,process , but no law has been broken.
Delhiguy,
YES! They did broke law by provisioning visa numbers for applications that had not cleared FBI check. Their book clearly says the visa number needs to be alloted only after the application is 100% ready for adjudication.
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gimme_GC2006
05-15 10:01 AM
Any Idea about the following MBA Distance Leaning Courses from India
1.SCDL-Symbiosis center for distance learning
2.IGNOU - ndira Gandhi National Open University
3.ICFA
4.NMIMS - Narsee Monjee Institute of Management Studies
Or any other institutes from India with reasonable fee structure.
jD, I dont think desi unversities went online yet..but if you are here, why dont you think of doing an American or European MBA? ;)
1.SCDL-Symbiosis center for distance learning
2.IGNOU - ndira Gandhi National Open University
3.ICFA
4.NMIMS - Narsee Monjee Institute of Management Studies
Or any other institutes from India with reasonable fee structure.
jD, I dont think desi unversities went online yet..but if you are here, why dont you think of doing an American or European MBA? ;)
ndbhatt
02-15 01:26 PM
now what the hell is ROW and ICMP ?
ROW = Rest Of World
ICMP = India, China, Mexico and Phillipines
ROW = Rest Of World
ICMP = India, China, Mexico and Phillipines
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varshadas
01-30 10:43 AM
I will send the flyer statements that I think we can put tonight. Like I said, I am not very creative, but I will put my ideas out there. Thanks Sanjay for finding out the EBC details. I like the 30 mins 500 dollars. We can pool in some money from our side and do a 30 mins program. I think it will be still worth it.
Did you guys distribute flyers at Metropark?
Thanks,
Varsha
Did you guys distribute flyers at Metropark?
Thanks,
Varsha
more...
Pineapple
11-12 09:19 AM
Got my receipt letter from USCIS. The FOIA request has been put on the complex track.
By the way, since this is an IV action initiative, I think this thread should be a link on IV's main page as a headline instead of being buried in the forums..
By the way, since this is an IV action initiative, I think this thread should be a link on IV's main page as a headline instead of being buried in the forums..
Foster2007
07-09 04:42 PM
I agree 100%. They also issued green cards to ppl whose PD was not current in June. Even that is a violation of law.
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desi3933
03-10 01:43 PM
This is turning out to be TRUE.
Past week, I made this comment and some people made fun of it. But, it's turning out to be true. They are now fully focusing on EB3 and I think they will continue to do untill they finish all Eb3. Once they reached last quarter then they will make EB2-I/C current and distribute those spill-over visas across EB. They don't have to make EB3-ROW current to give some spill-over to EB3-I. What ever will be left at the end of quarter will be spilled across EB's.
I am expecting lot of REDs on this one.
Thanks,
MDix
>> Once they reached last quarter then they will make EB2-I/C current and distribute those spill-over visas across EB.
Would you mind explaining two "they" here? Whom you are referring to?
Hint: This is a trap question.
Past week, I made this comment and some people made fun of it. But, it's turning out to be true. They are now fully focusing on EB3 and I think they will continue to do untill they finish all Eb3. Once they reached last quarter then they will make EB2-I/C current and distribute those spill-over visas across EB. They don't have to make EB3-ROW current to give some spill-over to EB3-I. What ever will be left at the end of quarter will be spilled across EB's.
I am expecting lot of REDs on this one.
Thanks,
MDix
>> Once they reached last quarter then they will make EB2-I/C current and distribute those spill-over visas across EB.
Would you mind explaining two "they" here? Whom you are referring to?
Hint: This is a trap question.
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BlueSunD
02-23 09:32 PM
Sounds good to me, I havn�t had too much spare time to work on my entrie... but let�s really hope people havn�t really forgot abou this battle! :puzzled:
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senthil1
04-04 03:39 PM
If number of H1b increases obviously waiting period will increase for GC. So H1b reform will be positive in multiple aspects
1.It will satisfy anti immigrants and will give some kind of security to US citizens. There is no question that only new jobs that too no skilled worker is available in USA then only H1b should be hired. Even India we are rarely hiring foreigners in any company. Not only India any other country in the world does that(only when no personsare available they hire foreigners).
2.If no of H1b decreases automatically waiting period will reduce as no of people applying are less for gc .
And how does "reshaping current mad behavior of H1B application" help fix green card backlog. Circulating debate around H-1b is the favorite trick of large IT companies. It is also the favorite trick of anti-green card reform groups like IEEE.
Just because the quota got over the first day it implies that the system is abused, right? Let me tell who is abused. People waiting for green card are abused. Not fixing green card delays and deliberately keeping the debate around H-1b is an abuse.
1.It will satisfy anti immigrants and will give some kind of security to US citizens. There is no question that only new jobs that too no skilled worker is available in USA then only H1b should be hired. Even India we are rarely hiring foreigners in any company. Not only India any other country in the world does that(only when no personsare available they hire foreigners).
2.If no of H1b decreases automatically waiting period will reduce as no of people applying are less for gc .
And how does "reshaping current mad behavior of H1B application" help fix green card backlog. Circulating debate around H-1b is the favorite trick of large IT companies. It is also the favorite trick of anti-green card reform groups like IEEE.
Just because the quota got over the first day it implies that the system is abused, right? Let me tell who is abused. People waiting for green card are abused. Not fixing green card delays and deliberately keeping the debate around H-1b is an abuse.
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MDix
01-25 10:45 AM
Please post Email/Letter content here, I can ask all my friend to send it to their respective Senator....
No more Discussion only ACTION.
Thnaks,
MDix
No more Discussion only ACTION.
Thnaks,
MDix
more...
xyzgc
01-18 12:53 PM
I agree that with apinto and gooblywoobly that risk assessment should be done by everybody. risk calculation can be best be approximate. But most people paint the best case and leave it there in order to enjoy material comforts.
prioritydate and ajay, I didn't give you reds.
When the adversity strikes, people write long stories without a moral at the end. The moral of the story is don't sign up for heavy loans and mortgages, when you are a temp . That's not your venture (risk) capital that you can just burn up like startups did in the silicon valley and ruined it.
Yes, immigration sucks but this is not a moral of the present story. If you make a film like that,where you are skating on thin ice, folks will laugh at you. Make a better film which says you can't buy a house or invest here, even if you can afford it and you cannot accept job promotions or change jobs due to restrictive immigration policies.
And yes, if you leave your cars and your houses behind and run off to home country with your tails between your asses, you deserve to be extradited and put behind bars. You know why. My companies has high paying financial institutions as its customers. They have slashed their IT budgets due to folks like you (loan defaulters) and now I find myself going several rounds of layoffs, despite no fault of mine. Its making me loose my sleep.:mad:
prioritydate and ajay, I didn't give you reds.
When the adversity strikes, people write long stories without a moral at the end. The moral of the story is don't sign up for heavy loans and mortgages, when you are a temp . That's not your venture (risk) capital that you can just burn up like startups did in the silicon valley and ruined it.
Yes, immigration sucks but this is not a moral of the present story. If you make a film like that,where you are skating on thin ice, folks will laugh at you. Make a better film which says you can't buy a house or invest here, even if you can afford it and you cannot accept job promotions or change jobs due to restrictive immigration policies.
And yes, if you leave your cars and your houses behind and run off to home country with your tails between your asses, you deserve to be extradited and put behind bars. You know why. My companies has high paying financial institutions as its customers. They have slashed their IT budgets due to folks like you (loan defaulters) and now I find myself going several rounds of layoffs, despite no fault of mine. Its making me loose my sleep.:mad:
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Sakthisagar
06-11 10:39 AM
no need to worry about this proposal, as some one said this is a proposal like thousands of bills gone inside the whirl wind of politics in Senate and Congress, but as a precaution, IV warned everyone to sign this and send it to senators so they are extra aware of this situation. discussing on this is a waste of time. because this not even a burning issue and no one can pass and amendment without making aware of all the Senators.
Grassley is always against H1B and the latest Jan 8th memo is because of his push. but this proposal of his will not work out. and H1B memo is currently sued in the court.
Folks, Please do not get extra alarmed ont his stupid proposal.
Grassley is always against H1B and the latest Jan 8th memo is because of his push. but this proposal of his will not work out. and H1B memo is currently sued in the court.
Folks, Please do not get extra alarmed ont his stupid proposal.
more...
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alterego
07-12 07:34 PM
I posted this in another thread.
There could be two reasons for this huge forward movement for EB2.
1) They want to minimize wastage by making more visas available for CP.
2) There was some heartburn among EB2 China applicants when their PD was set to April 2004. Since there are a lot more EB2 India applicants with PD's earlier than that, they felt that most of the EB2-ROW spillover would go to India. Moving the dates forward to 2006 would ensure that EB2 China gets a decent share of the spillover.
Point taken, However when EB2 India is moved to June 1 2006, there will be even more EB2 India with PD earlier than it was previously. So whichever date you set as the cut off, EB2 India will have more people with PDs earlier than that. So I guess I am not understanding how that helps Chinese applicants. Unless the USCIS decides which of the petitions they will process with current priority dates and gives preference to Chinese cases. Per my understanding, they are supposed to use RD in such a situation. However who knows what they will do.
There could be two reasons for this huge forward movement for EB2.
1) They want to minimize wastage by making more visas available for CP.
2) There was some heartburn among EB2 China applicants when their PD was set to April 2004. Since there are a lot more EB2 India applicants with PD's earlier than that, they felt that most of the EB2-ROW spillover would go to India. Moving the dates forward to 2006 would ensure that EB2 China gets a decent share of the spillover.
Point taken, However when EB2 India is moved to June 1 2006, there will be even more EB2 India with PD earlier than it was previously. So whichever date you set as the cut off, EB2 India will have more people with PDs earlier than that. So I guess I am not understanding how that helps Chinese applicants. Unless the USCIS decides which of the petitions they will process with current priority dates and gives preference to Chinese cases. Per my understanding, they are supposed to use RD in such a situation. However who knows what they will do.
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onemorecame
10-11 11:05 AM
Status changed to 'Your Case Status: Request for Evidence Response Review'.
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mheggade
07-14 12:00 PM
EB2 dates may be unavailable/ dont move. But it is just for a very short span of time. And after that EB2 dates start moving quickly again. I presume by 2009 october, the EB2 India PD will close to 2008. Any retrogression, if there is, in EB2 will be very mild from now on because of the spillovers.
Regarding EB3: Every year there had been about 100k approvals in EB3 category, out of around 160K(even though there are 140k visas, there have been approving more because they are using unused family visa numbers) approvals in Employment Based Category. This is because of vertical fall outs of visa numbers. Now they have changed the scenario to horizontal fall outs (spreading across at the same category level( ex. EB2) irrespective of country of chargeability.). So this time it would be around 100K approvals in EB2 category.
Let us make as much noice as we could because of EB3 retrogression. That doesnt effect EB2 movement. But may make it possible visa numbers increase for EB category by legislation. So we have to support this agitation made by our EB3 friends.
I could seee all the EB3 folks with PD older than 2006 and EB2 folks with PD older than 2008 will be cleared off in the next two years. I am sure there wont be not more than 1 or 2 years delay between EB2 and EB3 categories in near future.And there are lot of things going to happen for employment based immigratin in the next two years.
This EB2 movement of 2 and half years is just a first step by DOS.
vdlrao,
Can you tell us , Which Crystal ball are you looking in to ?
Regarding EB3: Every year there had been about 100k approvals in EB3 category, out of around 160K(even though there are 140k visas, there have been approving more because they are using unused family visa numbers) approvals in Employment Based Category. This is because of vertical fall outs of visa numbers. Now they have changed the scenario to horizontal fall outs (spreading across at the same category level( ex. EB2) irrespective of country of chargeability.). So this time it would be around 100K approvals in EB2 category.
Let us make as much noice as we could because of EB3 retrogression. That doesnt effect EB2 movement. But may make it possible visa numbers increase for EB category by legislation. So we have to support this agitation made by our EB3 friends.
I could seee all the EB3 folks with PD older than 2006 and EB2 folks with PD older than 2008 will be cleared off in the next two years. I am sure there wont be not more than 1 or 2 years delay between EB2 and EB3 categories in near future.And there are lot of things going to happen for employment based immigratin in the next two years.
This EB2 movement of 2 and half years is just a first step by DOS.
vdlrao,
Can you tell us , Which Crystal ball are you looking in to ?
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greyhair
02-11 12:40 PM
The visa numbers reported as used for FY 2009 is 141,020 from http://www.travel.state.gov/pdf/FY09...ort_TableV.pdf
This was the response i got from Ron Gotcher.
"The employment based category is entitled to use the "unused" family based numbers from the previous year. Last year, the quota for EB was the base of 140,000, plus another 13,000 shifted over from FB. Unfortunately, the CIS failed once again to approve enough cases to use up the entire available quota."
If this is true, we have lost a lot of visas last year.
Now with aprox. 10,000 visas shifted from FB, we should hope they use about 150,000 (140,000 + 10,000) this year.
Is there a way to confirm this? We got to do something to resolve this problem
There is a huge backlog in FB category. How come there are 13,000 unused visas in FB. If any immigration business shop is so confident about their assertion, why do they not file a lawsuit on CIS. Why are they posting these messages on different forums? Do they just want to gain visibility? It seems that its better business practice is to write random statements like 'CIS failed again' without having the willingness to do something about CIS failure. Aren't there clients with pending 485 of this immigration shop. As their lawyer and with fiduciary duty towards his clients, if he is so confident of CIS failure, why is he not filing a lawsuit on CIS to guard the interest of his clients.
This was the response i got from Ron Gotcher.
"The employment based category is entitled to use the "unused" family based numbers from the previous year. Last year, the quota for EB was the base of 140,000, plus another 13,000 shifted over from FB. Unfortunately, the CIS failed once again to approve enough cases to use up the entire available quota."
If this is true, we have lost a lot of visas last year.
Now with aprox. 10,000 visas shifted from FB, we should hope they use about 150,000 (140,000 + 10,000) this year.
Is there a way to confirm this? We got to do something to resolve this problem
There is a huge backlog in FB category. How come there are 13,000 unused visas in FB. If any immigration business shop is so confident about their assertion, why do they not file a lawsuit on CIS. Why are they posting these messages on different forums? Do they just want to gain visibility? It seems that its better business practice is to write random statements like 'CIS failed again' without having the willingness to do something about CIS failure. Aren't there clients with pending 485 of this immigration shop. As their lawyer and with fiduciary duty towards his clients, if he is so confident of CIS failure, why is he not filing a lawsuit on CIS to guard the interest of his clients.
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moonrah
07-01 10:32 PM
Online petition is a great idea. But what will it accomplish?? Ultimately all those questions have to addressed in the form of a bill and that needs to be passed in the Congress. Is it a coincidence, we already have a bill HR5921 addressing those questions raised by OP All we need to do is channel our energy to make this bill along with the other Rep. Lofgren bills a success.
IV is already raising all those questions mentioned in the petition with the lawmakers. So what is new in this petition?
Even after thousands of calls, what if they don't pass the bill? I am not pessimistic but I want to have this pass desparately. Lets think about all the possibilities and have solutions or atleast plan for all of those. Just think about this, if someone files a lawsuit on us, we will be sweating and running here and there even though we know we are gonna win. lawsuit will make them think, make them spend money. Trust me nobody wants to go through that husstle. And if we win, they have no way but do something about per country quota limit whether congress passes the bill or not. On the downside, if we loose, they can worsen the situation for us in which case they have to face anger from business community and during election season, goverment wouldn't like to do that.
All I am saying is if we have a case we should pursue it. Otherwise there is no point of fighting loosing battle.
IV is already raising all those questions mentioned in the petition with the lawmakers. So what is new in this petition?
Even after thousands of calls, what if they don't pass the bill? I am not pessimistic but I want to have this pass desparately. Lets think about all the possibilities and have solutions or atleast plan for all of those. Just think about this, if someone files a lawsuit on us, we will be sweating and running here and there even though we know we are gonna win. lawsuit will make them think, make them spend money. Trust me nobody wants to go through that husstle. And if we win, they have no way but do something about per country quota limit whether congress passes the bill or not. On the downside, if we loose, they can worsen the situation for us in which case they have to face anger from business community and during election season, goverment wouldn't like to do that.
All I am saying is if we have a case we should pursue it. Otherwise there is no point of fighting loosing battle.
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rockstart
09-27 03:18 PM
I think this is pure ignorence on part of the reporter. Most Americans are not aware of either H1 or GC all they know is legal & Illegal immigrant. they dont understand the finer details of the system.
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Canadian_Dream
04-10 05:56 PM
the fact that reform is needed does not mean this is the best way.
and btw i wonder what happens to true consulting companies- BCG, Oracle etc whose business is to provide these services. They are not some abusive offshore operation....how is it fair to them? Seems a bit radical to me...not that i oppose the need for reform.
My only point was: the way H1B was set-up there was too much leverage to the corporations. This led to abuse by them at your and my cost. End result was wage depression, Green Card Backlogs and now H1B crisis. No matter how you argue it, the abusers have been a clear winner as an end result. Look no further than mushrooming of recruiting companies, and growing profit margins of TCS, Infosys and Wipro.
In the end the reform has to come, unfortunately it came again at our cost. I agree it is not the best way to reform it, because it isn't in the best interest of H1B holders, but I guess the intention here is to stop the abuse at any cost. The best way probably would have been making H1B independent of the employer but again me and you are not kept in mind when a law like this is being written. What happens to BCG, Oracle etc, perhaps law should provide a way to separate wheat from chaff. If you take a closer look at it, these corporations do provide consulting services but consultants are still "Permanent Employees" with a fix wages and benefits but body shoppers have a different model with unpaid bench period and what not. In fact you can find
Permanent Residents and US Citizens wanting to work or working with BCG, Oracle etc, but you don't see that with bodyshoppers and that's why I guess the 50% US Citizen clause in the proposed law. Please don't confuse this with the notion that I support or oppose this law. I am just trying to argue that if off shoring companies (Infosys, TCS etc) with 90% H1B's and local body shopping firms 100% H1B are getting punished I have no sympathy for them. These are the same people who refuse to give people copy I-140 approval notice and file for 59 Green Cards out of 20,000 H1B's they bring.
How about sending back all H1Bs ? If there is no cheap labor around , the salaries for all others (Citizens and GC holders) go up. I so want to see 250 an hour rates.
Applying your logic , you should get a job in your home country if you are smart enough.
You should first read the original post that I responded to understand the context. As far as wages are concerned it is because of these corporations that hourly rates however high look meager when H1B statistics are collected by DOL, because a large cut is added to profit margins. That's why opponents of H1B program can point finger and say prevailing wages are not market wages. Do you support this practice of making profit by eating away a huge chunk of your pay just because they sponsor H1B (a Green Card the retention benefit to continue doing this for atleast 3-4 years) ? If you are then you are doing it at your own peril.
Check out some of the prevailing wages and see for yourself if these are real market wages:
System Analyst in San Jose California $64K
http://www.deloitte.com/dtt/cda/doc/content/032807_systmsanaly_sanfranciscoCA.pdf
Consultant in San Francisco 55K
http://www.deloitte.com/dtt/cda/doc/content/032807_taxconsII_sanjoseCA.pdf
and btw i wonder what happens to true consulting companies- BCG, Oracle etc whose business is to provide these services. They are not some abusive offshore operation....how is it fair to them? Seems a bit radical to me...not that i oppose the need for reform.
My only point was: the way H1B was set-up there was too much leverage to the corporations. This led to abuse by them at your and my cost. End result was wage depression, Green Card Backlogs and now H1B crisis. No matter how you argue it, the abusers have been a clear winner as an end result. Look no further than mushrooming of recruiting companies, and growing profit margins of TCS, Infosys and Wipro.
In the end the reform has to come, unfortunately it came again at our cost. I agree it is not the best way to reform it, because it isn't in the best interest of H1B holders, but I guess the intention here is to stop the abuse at any cost. The best way probably would have been making H1B independent of the employer but again me and you are not kept in mind when a law like this is being written. What happens to BCG, Oracle etc, perhaps law should provide a way to separate wheat from chaff. If you take a closer look at it, these corporations do provide consulting services but consultants are still "Permanent Employees" with a fix wages and benefits but body shoppers have a different model with unpaid bench period and what not. In fact you can find
Permanent Residents and US Citizens wanting to work or working with BCG, Oracle etc, but you don't see that with bodyshoppers and that's why I guess the 50% US Citizen clause in the proposed law. Please don't confuse this with the notion that I support or oppose this law. I am just trying to argue that if off shoring companies (Infosys, TCS etc) with 90% H1B's and local body shopping firms 100% H1B are getting punished I have no sympathy for them. These are the same people who refuse to give people copy I-140 approval notice and file for 59 Green Cards out of 20,000 H1B's they bring.
How about sending back all H1Bs ? If there is no cheap labor around , the salaries for all others (Citizens and GC holders) go up. I so want to see 250 an hour rates.
Applying your logic , you should get a job in your home country if you are smart enough.
You should first read the original post that I responded to understand the context. As far as wages are concerned it is because of these corporations that hourly rates however high look meager when H1B statistics are collected by DOL, because a large cut is added to profit margins. That's why opponents of H1B program can point finger and say prevailing wages are not market wages. Do you support this practice of making profit by eating away a huge chunk of your pay just because they sponsor H1B (a Green Card the retention benefit to continue doing this for atleast 3-4 years) ? If you are then you are doing it at your own peril.
Check out some of the prevailing wages and see for yourself if these are real market wages:
System Analyst in San Jose California $64K
http://www.deloitte.com/dtt/cda/doc/content/032807_systmsanaly_sanfranciscoCA.pdf
Consultant in San Francisco 55K
http://www.deloitte.com/dtt/cda/doc/content/032807_taxconsII_sanjoseCA.pdf
Libra
09-28 04:19 PM
some of them are doing for votes and some of them doing it for show ratings, but racism and hatred is there in their blood. i dont think they change their stance on this. but if they continue provoking white americans against immigrants like this, one day we have to face same thing what black americans faced in 50's and 60's, and govt is fully ignoring this.
realizeit
10-17 03:25 PM
This is a very important effort, I guess.
I believe, this will help all of us to understand where we all stand. I will try to send this request as soon as possible.
I believe, this will help all of us to understand where we all stand. I will try to send this request as soon as possible.
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