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  • sundevil
    05-29 12:28 PM
    Not just limited to Cognizant and some Big 3s(or 2s now).
    Please do not dismiss this as a tunnel vision, its a reality that will develop into a panoramic scam. I know of a guy in India who is sowing seeds of multi-national manager with a Staffing firm(Desi consulting Co) just for this purpose. Worst he has an individual contributor job with some other company that is in collusion with the staffing firm here to prove he works for the company here( I am guessing as a consultant and taxation with a ghost company of US based company in India). I could not get him to spill the beans on how this whole thing is working but he is confident and has sunk a lot of money into it. Strangely, he was disappointed when I told him even with L1A/EB1 it could take 18 to 24 months. Talk about feeling entitled.

    Mind you lot of these guys have registered companies in India already to fish for H1 applicants. We close our eyes on this one, it will break the levees and flood the EB immigration. SO never be coy in dismissing this travesty and mother of all scams that is going to follow.


    Guys : Once again I would suggest not to use tunnel vision. I personally know one case of EB1 in cognizant where one of my closest friends who never scored more than me in college exams and doesnt make more than I do got his GC in EB1.

    Whatever Mr Oppenheim is saying is precise bullshit! Its all political. He is a bureaucrat who needs to defend the political policies. Where have we seen any transparency? Is there any transparency to the whole process?

    If Mr Oppenheim has numbers so handy, can he explain why there are wild swings in visa bulletin and not a computerized FIFO policy. I can understand some 15-20% overlap for cases stuck in name check, unapprovable, etc etc. But every month/year visa bulletin swings like a pendulum which doesnt know which way is the right way.

    If you complain about EB1, your friends will also lose GCs and no body will get GC. With that you are effectively saying, I dont get GC, even X should not get GC.

    Although I think EB1 problem is largely restricted to Cognizant and needs to be addressed.





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  • chanduv23
    02-13 10:39 AM
    You are right chanduv. If ppl are not even participating in letter campaign itself what to expect abt all this lawsuit stuff.

    We must learn from the Jews, Italians, Patels, the african amerifcan comunity, the anti immigrants - what unity can achieve.

    We seldom see them blaming their community efforts - they are strong and America is the apt place for them because they are strong. They built the system for themselves.

    We are always followers - divided - fighting among ourselves - challenging our own credibility.

    I do not want to deviate the intent of this thread. let it continue - but every topic must have a reality check.





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  • fairman
    08-18 10:12 PM
    I'm not from India, so you know how non-Indian will look at this issue.

    First of all, thanks to IV for helping our cause.
    Same as vinzen, that I usually just browse through this kinda topic, but I can't help to reply.

    Have several question:
    1. How many non-Indian in USA that watch bollywood movie? So, what makes him a high profile in the eyes of Immigration officer (IO)? Do we need to educate all IO to recoqnize all the actors in India, Pakistan, China, Japan, Korea and all others?
    I personally never heard of this SRK guy before reading this thread. So how would you guys expect the immigration officer, who's mostlikely non-Indian, would know this guy? I agree with Pappu that says "He is a famous actor to a very very small minority Indian Community in USA".
    2. Looking at how he make big deal of this in media. He probably cause this delay by himself. I can imagine the conversation at the immigration office as (copying all the answer from Ryan's earlier comment on what he's asked for when he came here):
    IO: Why are you visiting US?
    SRK: Do you know that I'm SRK?
    IO: Who do you work for?
    SRK: I'm SRK, now let me pass.
    IO: Where will you live in US?
    SRK: I'm SRK
    IO: How long have you been in US?
    SRK: I'm SRK
    IO: Do you have family here?
    SRK: I'm SRK
    And it goes on and on for 66 mins or 2 hrs until he finally realize that he's a nobody in US.

    This is the kinda thread that non-Indian will laugh at. There's lots of non-Indian that goes to this public forum (such as me). Just trying to help IV to not lose credential just because of this sorts of "indian" exclusive thread.

    This is not "Indian" thread. It is purely a North Indian thread. He is popular only in North of India.





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  • alkg
    09-23 08:50 PM
    good one

    but............................................... .........................

    after seeing the worst economic conditions, are they really going to distribute GCs to give a ray of hope to this weakened economy........?????????



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  • neoklaus
    02-15 10:39 AM
    the law does say that the GC numbers expire if unused.
    once expired USCIS has no power to use them.
    you need to study this deeper if you want to consider a challenge.

    ppl voting emotionally, mostly.

    Emotionally I'm pro, logically-contra.
    We have to change subject, lawsuit not for recapturing numbers but against modern days slavery or something...have to think more and consult with lawyers.

    Class action lawsuit- very tricky thing.





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  • maddipati1
    10-02 03:27 PM
    im surprises why this is not already a part of this proposal!

    its a simple logic to include those who already bought a house.

    great idea nixtor.

    aps, no one keeps their money in bank as cash. everyone must have invested somewhere else. they should bring it back. thats the idea here. if u don't like the idea why not you keep out of this.


    Current homeowners who are waiting for their GC MUST also be exempted from cap. This clause has to be there. Without having any gurantee of getting GC these folks have invested their savings in buying home even when the prices were high, WHY because they had real intent of making US their permanent home. So these people should too be exempted from EB cap.



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  • Kushal
    07-27 11:46 AM
    As someone else mentioned on this forum, it is illegal to earn while on H1-B from sources other than your employer.

    Nope that's not correct. You file your business earnings through 1099 and not W2. It has nothing to do with H1-B. Good luck.





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  • smuggymba
    08-02 03:46 PM
    How does one check the comments left along with red and green dots?

    I guess PM, correct me guys if I'm wrong



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  • thomachan72
    03-27 03:14 PM
    Indian democracy can throw many surprises
    I think UPA will get 273 and if that's the case then MMS
    If NDA get's 273 (which is highly unlikely) then Advani (no Modi...otherwise also Modi's communal qualifications are pretty widespread outside of Gujarat). I like the guy but seriously PM of India and CM of Gujarat are 2 different things.

    And if Third front comes to power (they just need around 200 as once they get 200 there will be breakaway groups from UPA and NDA so they can touch 273)

    then we will see real democracy (read lust for power)

    First 6 month Mayawati >> Followed by Jayalalita / SASIKALA for 6 months >> Followed by some one from LEFT (comorades work in groups..not sure who will be graced by politburo)

    Above cycle will be repetitive >> and Govt will collapse when Mayawati will complete her second 6 months Tenure.

    Just added something you forgot:D





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  • paskal
    12-14 05:55 PM
    it's clear as pointed out above that we peters and pauls here.
    iv is not striving to remove country qiota in isolation.
    that said, those who benefit will always justify it. it is human.
    my personal view remains the same: discriminating between two individuals by country of origin is wrong. period.
    thie country recognizes that fact in EVERYTHING, except immigration, and that has a long history of fear and restriction behind it.
    i guess until one feels the effects of being on the "wrong side of the fence" it's hard to see this picture.

    meanwhile this is going too far and i will close this thread forewith. wake up people - there is barely any difference in EB3 india and ROW...so what's the deal with swamping? and if one country gets more GC numbers...maybe ...horrors...it's because it has more applicants???

    those who support this "diversity" crap- you will find your own "quotas" somewhere sometime someday for sure. then please remember that it's ok to take away from you and give others for any chosen reason....

    i get the last word. sorry! :-)



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  • mallu
    02-15 06:38 PM
    probably true but because most of them are on H4 which means someone else in their family is H1.

    I don't know what % of that group consists of H4 spouse of H1 folks. But i believe a good percentage of those applied through the TOEFL,GRE route.





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  • logiclife
    12-14 04:58 PM
    I know what I am about to say will trigger a lot of reaction and some resentment, but it has to be said on behalf of those who are not Indian. I think the per country limit is to ensure that people of all nationalities and races have an equal opportunity to obtain a green card and to ensure that no one nationality, group, or even sector (i.e. IT) monopolizes the so few visas that are available. In fact, in the visa lottery, countries become excluded when the number of immigrants from them reach a certain point, so we are lucky they do not do that in the Employment-based system!

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

    Well, I agree with your argument when it comes to diversity lottery visas. Or Family based visas. Because those green cards are not given based on any merit, education or employability of an individual. They are just given away to anyone whose relatives sponsor (family based) or whose country doesnt send enough immigrants here in USA and add those country's citizens adds diversity.

    However, in employment based immigration, 140,000 green cards are given each year because those 140,000 individuals have been sponsored by their employers for a job for which no US citizen is willing qualified and able to do and the employer finds it worth it to go thru hassles of dealing with immigration in order to retain this employee. The employers dont care whether the employee is Indian, Chinese, Brit or South African. The government too, is not giving this green card because someone is Indian or chinese. The employer wants individual to fill a position, the government agrees to it - up to 140,000 a year - and that's where it ends. Therefore, in such benefit, where the ONE AND ONLY REASON for green card is EMPLOYMENT, why should employee A born in India wait for 10 years but employee B born in South Afria wait for 2 years even though the reason for both employee A and employee B for getting the greencard is the same - EMPLOYMENT.

    Are you saying , based on your theory that there should be 7% per country limits in hiring too - that all these corporations, when they hire non-citizens, should keep one country's immigrant workers capped at 7% ? Should Microsoft, Cisco and Oracle fill all jobs and sponsor all greencard at rate of 7 % per country? Are you also going to complain that there are too many Indians in Microsoft and large software corporations and Indians have "monopolized" that profession? Or that Vietnamese and chinese have monopolized the nail-salon and dry-cleaning business? Do you even know what a monopoly is?

    By the way, if the congressional intent was the keep diversity intact even in employment based immigration, then how come there is no per-country ceiling on H1 and L1? On H1 there is no per-country ceiling. So its ok to be disproportionate when you bring people into the country from outside (using H1/L1), but when the same bunch of people apply for green cards, there are different queues for different countries and your wait time depends on where you were born? What kind of nonsense is that?

    All due respect, your argument is baseless and stems from the fact that you love the idea that you are personally benefitting by being in ROW.

    There are plenty of ROW members who have supported the idea of removal of per-country ceilings, who have walked with me to congressional offices asking for parity and who have marched in DC.



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  • pappu
    07-02 06:07 PM
    We are starting a media drive from tomorrow on visa bulletin.
    Before we post all the details and how to's

    we need help from members to:

    - post some email templates specific to this visa bulletin and our cause. Mention IV name several times in the template so that the reporter can contact us.

    - Someone please collect a list of the reporters from pervious media drives , make a file and post it here.

    Let us get this background work done tonight and from tomorrow morning we will start this drive with a bang.
    =======================
    media list
    http://www.mydatabus.com/myFiles.php?pt=createLink&fn=Media.xls
    members can post other email addresses on the thread so that everyone can write emails





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  • PlainSpeak
    01-13 02:11 PM
    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.

    The other posts were just a diversion to show you are not completely rogue. You just have a single agenda - to promote your organization.
    Wow can one person with an idea make such a difference or is IV an organiation with such a deep sense of hostility that they see enemies everywhere

    I am a simple person who does my job and helps people when i can and yes like every human i have ideas and hopes. Now when i get an idea about an invention i would go to the patents forum and when i get and idea about say investing i would go to an investing forum. Now when i got an idea related to immigration i have come to the forum which stands like a beacon for all immigration community or are you incapable of recognising the fact that that IV (and that means all you guys in in) is big hugh and was doing the right thing when no one else was.
    Even now i do not think what IV is doing is wrong. I have differences with the outcome of their approach becasue i feel that this approach wil be bad for EB3. Out of all the people commenting out here there has been NOT even ONE person who has tried to understand the reason for why i feel EB3 is going to get in bad shape. Not one has tried to understand what i have been trying to say that NO big or small immigration bill will pass anytime soon and this will lead to EB2 retrogration which will be going against the statement which all you people like to say that is that EB2wil become current and EB3 will get better later so do not rock the boat
    And yes i choose not to donate and participate because on principle

    There already exists an very small, unsuccesful org for just EB3 that core is aware of, and they consider IV as their competitors because
    And yes i am sure there are many such organizations which may have been started as competition toIV and are not succesfull. Now if i was a fool i would go down the same path but i am not and i have realized that IV is the only vehcial of change. Now when IV tends to speak of EB retrogression they are sepaking on my behalf and when they are doing something on my behalf and if i feel what ever is being done is being determintal to my GC case am i not supposed to even ask IV.

    So let me get this straight you are using my GC case as a reference in your charter and i have no say in what you do with my case. I wish i had a lawyer to back me up on this. Just Kidding!

    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
    Hey keep your money to yourselves i do not want your money. Hey if things pan out i might even start contributing to IV.

    These statements give her away. This is what they do try to pressurize IV
    You guys are so pathetic and lame. Do you think anyone needs a plan to scare you guys. All i did was start and email thread which had nothing scary, no abuse, no threats only a request for discussion and also and understanding that things may not work out and with all this 3/4th of you guys are running around scared like headless chickens and using abuse and threat.

    So take my word for it. You guys are a bunch of scardy cats. I am surprised how you do lobyying. Must be some realy tough guys and gals in the core team otherwise you guys would have destroyed IV by now. Please do not try to get into core and destroy it, they are doing a good job without you knee jerk reactionist spoiling it for them

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

    Do you think some one would go to all this length of providing helpful posts and do all the drege work all to just convince you. Please do not think so high about yourselves. As i said before to scare you all i need to do is write one post and that is not my strength that is you guys weakness whcih is on display here.
    And what single agenda and organization are you talking about as far as i am comcerned there is only one organzation for EB Retrogression relief and that is IV
    All my other posts are genuine and they have been written because in some cases i genuenly fell the need to speak up seeing how you guys shoot down anything rElated to EB3 without seing the merits and pros and cons of it and in some cases i felt i could share info with someone who was looking for some answers whcih should have been answered by you guys but all of you were busy abusing my other posts. Actually i takethat back there were some other people from iV who repliesd back so sorry about that.

    Why is it so hard to understand that this is a genuine person with a genuine query not some anti imigrant or competitor to IV. You guys are like the CID in Mash 4077 (google that if you want calrification) who see enemies of the country everywhere and are paraniod about everyone.



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  • Macaca
    07-04 08:49 AM
    Chanduv thanks for your efforts. A correction: retrogression started in fall of 2004
    I think its is Oct 1, 2005. Please verify!





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  • _TrueFacts
    09-05 03:26 AM
    It is very troubling to note that one persons identity was uncovered online because his political views and legitimate concerns about the crimes of YSR (Good riddance to him).

    IV must delete all posts relating to the uncovering of this gentlemans identity. And ensure it never happens again. If this is not done, we will lose faith and trust in IV.

    IV core needs to understand this.

    When criminal followers of YSR are abound even in USA, we have to deal with them. Shame on these educated idiots.



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  • ashutrip
    06-26 01:57 PM
    out of context...but do u think dates will be current in august and sept...
    My labor in Atlanta....dont see it getting certified B4 August:( :(





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  • Macaca
    07-03 09:01 PM
    I will need everyone's input since I don't know all issues.
    Titles

    "Immigration scandal goes unnoticed" or "USCIS drama and tantrum to lessen workload" or "Is this legal?" or "Resignations due at USCIS" or "Foul Play synonym USCIS Play" or GOVT "AGENCIES SHORT CIRCUIT A MILLION HOPES" or "The US govt. does a number on High Skilled Immigrants" or "Legal immigrants and the prison of USCIS" or "Door slams shut for highly skilled LEGAL immigrants in the US" or "US closes the door for highly skilled LEGAL immigrants" or "US isolates highly skilled legal immigrants" or "Broken Legal immigration system harmful to US competitiveness" or "Legal Immigration system in shambles" or "Flip-Flop: DOS & USCIS in cahoots?" or "USCIS betrays thousands of hopeful"

    Retrogression in employment based (EB) legal permanent resident (= GC) process

    Skilled tax paying immigrants
    Adjustment of Status (AOS) is last stage in EB GC process

    AOS application requirements

    Application requires

    Medical

    increase in (hard to get) appointments across United States
    Some had to take MMR vaccine and hence postpone their plans to have kids by 3-6 months as recommended by NIH. (newbee7)

    Birth certificate

    request for documentation in country of origin


    Requires applicant and dependents (spouse + children) to be in country.

    Some applicants and/or dependents had to fly in to be able to apply. (chanduv23)

    2-3 days to prepare forms

    Applicants changed their schedules to submit forms

    Cost of applying

    Application Fee

    I-765 (Application for Employment Authorization) $180
    I-485 (Application for Adjustment of Status to register as Permanent Resident)
    ($225 for applicaiton below 14 and over 80 (Should check on this)) $ 325
    I-131 (Application for Advance Parole / Travel Document) $170 -
    Biometric Recording Fees (Finger Printing, etc) $70
    Total $745

    Lawyer Fee $1000+
    Others

    Medical $250+
    Pictures $30-40
    Postage $50
    Misc $50
    2 Days off Work
    Overseas travel to fill form


    Looks like only $380+ is lost per applicant.

    Need good estimate on #dependents!

    Benefits of AOS application

    provides Employment Authorization (EAD) that

    allows applicant to change employers 180 days after filing AOS, if the new job is the same as the one they based their positions/original GC applications on. This is very important for applicants, who are bound to a particular employer for 6+ years due to GC processing delays.
    allows spouse to get out of the house and contribute to American economy.
    eliminates the need for continually renewing temporary skilled visa

    A 21+ year old child can not be filed with primary applicant. However, once AOS is filed the child is "safe" regardless of how long USCIS takes to approve AOS. (My son turn 21 in mid-January 2008: darslee)
    provides Advanced Parole (AP) for travel without visa -> saves Embassy overhead
    application processing, which includes name checking that can take 1+ year, can be done while waiting for GC #.
    USCIS gets a better load estimate for load balancing.

    What happened

    Applicants started filling forms on June 13th
    Some applicants mailed forms on June 29th
    USCIS announced on July 2 that it will not accept forms recieved on or after July 2

    Why does it hurt

    Waiting in line for 6+ years due to previous GC processing delays
    Very little chance of legislative relief for a long time.
    Rejected June filers can not re-file.
    Some applicants did not file in June (due to prior engagements) because they had the option of filing in July.
    $'s lost on re-applying

    Lawyers who charged $1000+ for filing will not refund service fee and charge for additional processing
    Medical will not be valid after 1 year and photos will not be valid after 6 months.

    estimated expenses for at least 100,000 applicants is $6,000+ million in filing fees, medical examination expenses, incidental expenses such as travel, photocopying, phone calls, courier, etc., not including the 2-3 days of preparation time expended by each family as well as lost productivity experienced by applicants’ businesses due to absence from work
    Fees increasing 66% starting Aug 1 2007; should consider July applicants under old rate
    USCIS which is supported 90% by application fee should pay some attention to applicants
    Special cases

    I applied for H1B extension when my PD was current. Since my PD was current, I got 1 year extension. However, I could not apply for AOS. Now, I have to re-apply for H1B extension after 1 year. (??)
    I could not apply in July. I had planned overseas trip on July 8th. What happens if my date becomes current before I return? (andyny73)


    Individual trauma and stress

    Thousands of individuals and businesses rely on the monthly bulletins to prepare and plan for the submission of applications. This update sets a terrible precedent, and undermines this nation’s efforts to foster legal and orderly immigration.
    Patience is not just a virtue but a way of life for millions of legal immigrants who have been living in US for 6+ years. Besides everyday stress of job, mortgage, health and education of their children, they live with the added suspense of their GC application. (from vasa)
    We are raising families here, our everyday life is no different from any other AMERICAN middle class family with same expectations and hopes. So it is not easy to presume that we can pull out or get out of this situation and return to our home countries. (from vasa)

    The biggest loss is trust: Can we trust and rely on visa bulletin to prepare AOS application?
    Applicants will always live in fear untill they receive receipt #

    USCIS history

    376, 345 GCs went unused from 1992-2006 mainly due to USCIS inefficiency
    According to page 35 of ombudsman report, This loss of visas is due to:

    gaps in USCIS’ accounting of cases;
    USCIS not processing enough pending applications in a timely manner; and
    the imprecise art of predicting workflows and demand surges at three federal agencies:

    Department of Labor (DOL) (approves labor certifications);
    USCIS (processes immigration petitions after completion of labor certifications and processes green card applications for applicants in the United States); and
    DOS (establishes priority dates and processes immigrant visas from applicants outside the United States).



    Comparison with Undocumented





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  • nozerd
    10-10 10:18 AM
    What happens when you loose your job on TN1 ? Do you get any time to look for another job ? Do you automatically convert to tourist visa or you need to leave and come back ?
    Are the 3 and 10 yr bar reevant for Canadian nationals ?





    coopheal
    02-12 04:43 PM
    Per country quota sucks big time. DOL/USCIS needs to get rid of it ASAP.





    JunRN
    09-23 02:15 AM
    Asking for exemption from quota will cause this proposal to fail. My suggestion:

    Of the 10,000 available visas per year for EB5, only about 3k to 4k are being used. How about if one buy a house and give a minimum $100,000 cash payment (not credit in US), he will get a temporary greencard from the EB5 visa pool. If after 2 years, the house is occupied and owned by the same person without problems with credit, he will get a permanent GC. This is on top of meeting the requirements of the category he is in.

    Sorry for bringing EB5 in my comments.

    This is just my opinion.