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  • morchu
    05-29 04:09 PM
    Destructive thinking is not helping. Constructive thinking is what we need.
    Who gets there "earlier" is not important. Can you get there "faster" is what is important.





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  • GC_ki_daud
    08-06 09:56 AM
    Hi

    Is it ok to work part time (say 10 hrs a week) for a different company using EAD, while working for a primary company on H1B ?

    Thanks





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  • aranya
    12-14 04:13 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!

    Dakota Newfie

    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:

    I understand how the current system prevents people of one nationality obtaining all the visas but I am not sure how it prevents any one group or sector monopolizing. Care to clarify?





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  • valuablehurdle
    07-11 02:08 PM
    See

    www.canadaimmigrants.com



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  • Life2Live
    01-15 02:56 PM
    This rule will be disaster for my life, it is leaving me no option other than to go home if H1B not get extended. I have been here in US for last 7 years and own a house, I do have Kids US citizens. I am getting my H1b extenstion year by year since my labour is approved and I-140 is pending.

    It looks like I should stop making mortgage payments immediately and be prepare to go back this year.





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  • paskal
    12-13 12:00 PM
    --I think, per country quota system was framed with diversification as underlying principle, not discrimination.

    Depending on which country you are from, it may seem like discrimination or fair system upholding diversity.

    If you are from India, you would hate it. There are truckloads of programmers in that country. But if you are the only graduate with programming skills from a country like timbaktoo (?), you would love it. You also got a shot at american dream.

    This EB quota system reminds me of Caste reservation system in India. To some that is fair, to others, it is unfair. Depends on which side of the fence you are.



    if you read the history of immigration this country you will see that such measures are typically taken with restriction in mind not diversity. Diversity is the nice sounding cloak. there is a definite fear that FB will bring in many mexican migrants ( "chain migration") and the country quota holds that back imho. you think it's because of indian programmers? it was made long before those existed. remember we are a minuscule number- don't feel so important- the programmers are about 2% of all immigrants. 11% is all EB, half are families, half again are techies- not all those are programmers. do the math.

    also remember that 50,000 Gc are given a year by lottery for "diversity". as a result more bangladeshis get Gc in a year than indians on EB. so why do we need the country quota in EB again?

    to the person bringing up caste system and fences, here is my proposal.
    i am a physician, i am being held behind hoardes of techies who can easily have PD's much before mine since i am training and working longer and the J1 holds me back. 12 years here and no where in the line...so i should get a fast track too. let's have a cap for the techies...hey it looks great from my side of the fence...i'm sure you will agree that i should be pushed up the line.

    either it's wrong or right. the caste system is wrong, from every side of the fence. it may benefit some and hurt others. but it's wrong, wrong and wrong.
    same for this country quota. sure it helps some, and looks good from "their side of the fence". that does not change the fact that it is wrong.

    none of this is an argument for a legal approach. just responding to stuff here. the "colonizing" comment was really something. have the author been visiting FAIR??



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  • romysree
    08-14 02:31 PM
    Hi,

    After i received my EAD i changed my employer. Now i am thinking about representing myself instead of my previous attorney. Could you please suggest the forms/procedures to do the same?

    Romy





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  • eb3India
    08-03 06:03 PM
    labor subst is good for those who can use it and of course it'z not fair for others,

    Is Immigration process is a right place to talk about fairness,

    my point is labour subst is not hurting is big time, Itz just some of us get jealouse when they see others getting ahead of the line

    IV needs to focus itz energy on much broader issues



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  • ronhira
    01-13 04:34 PM
    IV already has easy, non controversial provisions that takes care of all.
    1) Recapture all lost visas.
    2) NO Country caps
    3) Do not count dependants.

    Just these 3 will make all categories current.

    so what's the problem..... y don't iv get these provisions done? what r we waiting for?





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  • at0474
    12-14 03:55 PM
    Good summary but let me also add the observation that eliminating the per country quota alone will not bring the desired benefit unless the following are also implemneted

    1) Increase of the total EB quota
    2) Exclude dependents from the quota
    3) Re-capture unused visas from past years.

    --Improve processing time to consume full quota allotted per fiscal year. If the cases are processed at snail pace, increasing quota to half a million visa doesn't mean squat to anybody. It will fall into another cycle of "waste visas & recapture visas"



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  • cinqsit
    01-14 01:51 PM
    V true.

    Folks, the memo clearly empowers USCIS to crack down on consulting firms which don't have any in-house infrastructure (other than contractors) to execute projects.
    H1B is misused for a long time now by these firms and it was high time they put the screws on these "job shops" as they call it. Unfortunately some talented workers will get impacted.
    But if they are talented they will find opportunities elsewhere. Trust me on that. And better opportunities.

    Nathan is exactly right. These firms have created a mess by bending rules everywhere.

    Don't start speculating that USCIS is trying to throw out all immigrants from this country. I'm surprised that folks don't take a proper view of the situation (yeah..bring the reds on and call me an anti-immigrant).


    I agree with a1b2c3.

    USCIS is going after these "job-shops" nowhere do they have a blanket policy written down to stop all H1-B's or greencards.

    Please dont get riled up and think that its going to affect your greencards etc too.

    Actually if you have been following these forums, last two years have been tough for small consulting companies to get renewals/new H1's approved anyways. They were asking for client letter and denying renewals left and right. Some
    were getting H1's denied saying the company office space is too small to fit 100 employees, your product/business plan seems to have been copy-pasted from online sources and what not. Please browse through H1 denied threads on this forums.

    I know its harsh on the employees but they will have to find employment with direct vendors.

    Contracting is a way-of-life for some big financial/insurance companies (if you are from NYC area you will know) its not going away nor is need for H1B's going away.

    USCIS is simply laying down the rules on paper (or in this memo) for what it has already been practicing for more than 2 years now with respect to H1B processing.

    I know its harsh on some employees who will be affected but you will soon realize that
    you will find better paying jobs/contracts. If there is a need and you are good at what ou do you are going to land up a job/contract no matter what even when you are on H1.

    These "job-shop" companies will be going away (good riddance) not you.
    You will still find work you will still find contracts with better pay

    If you are working on a contract directly for direct vendor isnt that much better than being 3-4 "layers" of these middleman "job-shop" companies who each take
    a significant cut out of your share?

    cinqsit





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  • iviviv
    10-09 01:14 PM
    Been contemplating Australian or Canadian migration to get around the retrogresion issue. Are there any former H-1Bs out there who got Canadian citizenship and then applied for US green cards? Please describe your experiences.

    How about any Australan nationals who obtained Australian nationality and then
    obtained US green cards?

    Please describe your experiences- both good and bad.



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  • hiralal
    06-12 10:33 PM
    since we are not having any campaigns to help ourselves ..let us have a campaign to expose the L1 / EB1 visa / GC fraud !!





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  • ssharma
    07-06 01:17 AM
    Is there certain minimum numbers of days one has to stay with the sponsoring company after getting the Green Card.
    In my case I have been working with my current employer since Sept-2001 (almost 7 years).
    Green card labor started in Dec-2001 and I-485 was filed in May and approved June, 2008.

    I was in the middle of using AC21 just before my GC got approved, hence this urgency.



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  • dealsnet
    09-04 10:32 AM
    You are lucky to run away from INDIA, and have good health coverage and forgot about corruption. ;)

    JUST WORRY ABOUT GREEN CARD.:mad:


    You think you are here because of your merit. It is not my friend. My relative, who is a Doctor came here in 1940's and did higher studies, have to return back to India, because at that time USA will not give permanent residency to Indian citizens. Only whites will get GC during that period.
    Only after 1965 GC is offereed to every one irrespective of color.

    So you are LUCKY to born during this period.

    NOW YOU KNOW ABOUT POLICIES OF GOVERNMENT. GOVT. POLICY DETERMINE THE DESTINY OF THE PEOPLE.

    RAJIV give Science a boost.. PVN. RAO did open the ecomony (eventhough he is corrupt, he did a good job for India). Many Engg. Medical colleges started in late 80's and 90's.
    That is why the India developed. Many people did education in in Engg. and can come here.
    Before in Kerala only 6 Engg. colleges. Now there are more than 70 Engg. colleges and more than 15 medical colleges.
    Same happened to many Indian states including AP.



    THE DOMINATING EVIL OF BLACK MONEY.
    In the case of India, recent estimates of INDIAN (BLACK) MONEY outside India (in Countries like SWITZERLAND, )reached Rs.7.5 Million Crores (About US$1,500 Billion). Laying hands on this (Black) money is not in the power of the Indian Government.
    Black Money circulating inside India appears to be no lesser in quantity than the outside component mentioned above.
    Black money and corruption that can spread into the hitherto respected institutions like Judiciary, the Army, and the Bureaucracy in India may, one day, by moral degradation lead to a failed state. Black Money lends free access to the Criminal, Antinational, and Antisocial elements going beyond the control of the laws in place.
    To-day’s civilized world has accepted the phenomenon of hiding money in Swiss Banks as “NOT ILLEGAL” obviously because the CREAM OF SOCIETY in the world owns that money. ……..
    Government of India is not able to help honest, sincere tax payers particularly middle class families in the matter of providing quality Education, Healthcare for their families at reasonable cost. Education and Medical have become Biggest Money spinning businesses in India now. One has to shell out Rs. 30 to 50 Lakhs for a MBBS seat and about Rs. 5 to Rs.10 Lakhs for an Engineering seat in good colleges. How can middle class people can pay this money?. They are deprived of good education though, they pay taxes honestly and sincerely to government. It is really unfortunate. For people who have block money, these things do not matter
    If you have to do business in India, IN ADDITION TO ALL THE OFFICIAL TAXES MENTIONED, LOT OF BRIBES ARE TO BE GIVEN ALMOST TO EVERY DEPARTMENT IN CITY (CORPORATION), STATE (PROVINCE), AND ALSO CENTRAL GOVERNMENTS. Some examples are: Police, Municipal officials, Electricity depat.officials, weights& measures inspector, Rowdies & Goondas, Political contributions, Subscriptions/Donations to RELIGIOUS GURUS ETC.
    ALL MOST ALL THE CORRUPT OFFICIALS ARE CALLLED "PARTNERS IN BUSINESS WITHOUT CAPITAL AND COMMITMENT BUT FORCEBLY TAKE A PART OF PROFITS OF BUSINESS".
    "CORRUPTION IS A WAY OF LIFE IN BUSINESS"
    If you have to run a big company, you have to bribe many more officials. For some type of officials, WHO DO NOT TAKE CASH AS BRIBE, "GIFTS" ARE BEING GIVEN (GOLD, DRY FRUITS, VEHICLE DROPS, GUEST HOUSES ETC.) ON VARIOUS OCCATIONS, FESTIVALS ETC. ANY THING CAN BE DONE EVEN IN TIRUMALA TEMPLE, EDUCAIONAL INSTITUTIONS, MEDICAL PROFESSION WHICH ARE CONSIDERED TO BE HOLY PROFESSIONS.
    THE AMOUNT TO BE GIVEN AS "BRIBE" IN BURIAL YARD(S) IN INDIA, WHEN A PERSON DIE, FOR BURNING THE BODY, FOR GETTING DEATH CERTIFICATE, (THESE ARE IN ADDITION TO OFFICIAL FEES PAID TO MUNICIPALIIES FOR BURNING THE BODY FOR FIRE WOOD ETC.). The amount to be spend after death in India now comes to Lakhs of Rupees for doing all types of cermonies, merging ashes in Ganga at Varanasi and other holy places, giving gifts/charities to pandits, giving advertisements in newspapers, arranging feasts BHOJANALU to thousands of people (so called relatives), friends. This is in addition to LARGE SUMS OF MONEY PAID TO DOCTORS FOR SO CALLED CURING OF SICKNESS.
    In many cases, many middle class people becomes BEGGERS/PAUPERS after getting into hospitals, nursing homes etc. just before dyeing.





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  • r2i2009
    01-18 08:11 PM
    Still Desi companies are not following Labor laws.
    I know a company in OHIO still exploiting H1Bs......but payroll being generated....


    Hmmmmmm......USCIS this is not enough.



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  • desi3933
    06-17 01:19 PM
    I agree with you on the above points. You are doing the right thing in not blaming others for the downtrend in salaries. However, you are fundamentally assuming that you would have enough time to upgrade and adapt. What if that assumption falls apart?


    Well, how can I blame employer if he is looking for skillset I don't have. To give you an example, if employer is looking for dot net architect with .net 3.5 experience and you have experience of dot net 2.0 then you don't qualify for that job. Simple.

    Now a days, things are changing at faster pace. If you can't cope with that, you will lagging behind. You can not ask everyone else to go slow to match your speed.


    What if outsourcing companies hit your employer with people with your skillets at abysmal prices through fraud?


    Like I said before in other posts, if you suspect fraudulent activity, you can report it to authorities. Also you have option of legal route, if you have been wronged.


    Today many companies do not look into the long term but make short term decisions. They may prefer the loss in quality for the "immediate" cost savings. It may take time for them to realize their follies.


    That is the decision employer has to make. It is upto employer whether he wants top-notch programmer or a mediocre one. Employer has top bear the cost of making bad decision in this case.

    Just like, no one can force you to take a particular job or a particular salary, we can not force employer to salary for that job. If Employer offers 50k salary for the job, you believe it should be 80k, then you should look for job elsewhere. If everyone is offering 50 to 55 (for example), then you will be forced to reconsider your salary. This is called market forces and it works both ways. Sometimes it works in favor of you, other times it could be against you.


    .





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  • soljabhai
    12-14 04:39 PM
    Following text is from IV's about page

    America has had per-country ceilings since decades on family based and diversity-lottery based visas and it makes sense to have uniform distribution of visas to countries where the basis for immigration is family relationship and family reunification. However, in the employment based immigration system, the petitioner is the employer who wants the retain the employee and facilitate employee retention based on skills, knowledge, education and talent. Employability has nothing to do country of birth. We do not allow employers to discriminate hiring based on their nationality or country of origin. Therefore, the employment-based immigration, which is a derivative benefit of employment, should also be free from rationing based on nationality or country of birth.

    In other words IV itself holds the position challenging the merit of "Nationality Origin" in "Employment Based Green Cards"





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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.





    rajuram
    05-31 01:47 PM
    Do these figures include dependents??





    BharatPremi
    12-13 06:02 PM
    it's not the cost of getting an opinion that matters.
    See my two prior posts on being pragmatic.

    I see your point that if we are sure of not getting the result than why to take pain...

    But are we really that squared and check mate for this issue?



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