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  • eb3India
    11-11 09:10 PM
    I completely agree that Substitute labor is being used is the wrong sense. My husband is now in his 7th year of H1B and I am still on H4.

    At the same time our friend who came in 2005 to USA through an Indian company joined Rapidigm in 2005, received a 1999 priority date Labor and received his Green card (& for his wife too) in 8 months time.

    This iextremely unfair means of acquiring GC and should be blocked legally.Meanwhile Rapidigm has been acquired by Fujitsu .

    simple question, given an opportunity, where someone offer you sub labour with PD prior to 2001 does any one here reject the offer, this is a classic story of "ship of crabs from ...."

    we have much bigger fish to fry than worry about few smart crabs getting out of ship.

    sub labour is not illegal nor it is a loop hole, itz a simple deal between employer and employee for their own benifit.

    letz focus our effort on making new congresss and senate understand our situation and provide some relife thru bills such as SKILL.





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  • Legal
    07-26 10:31 AM
    According to my analysis based on recipted/pending I-485 they processed some 80-90K (estimated range) EB I-485 applications which 57/65% of 140k by April 2008.

    May month usage was very low, i feel June/July not to bump too much so another 20k cases. We should still have FB rollover from 07 (31K) + another 10k visa in the pool for Aug/Sept visa.


    It appears FB spillover is factored into EB quota in Sep bulletin every year.





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  • yetanotherguyinline
    09-04 07:44 PM
    Admins - can some one please close this thread. This is thread is neither about immigration nor will anything good come out of this.





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  • grupak
    12-14 01:19 PM
    I know. I work for a prestigious law firm and I know how hard it is to become a lawyer.

    Are you a constitutional lawyer or maybe know someone who can help? Yes, we would appreciate knowledgeable input from experts.



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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 ?





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  • minimalist
    05-11 04:27 PM
    Eventhough from a humanitarian point of view, I feel UPA should work with Srilankan government to work out peace. However it is not because the people being killed are Tamilians , who speak the same language as people from my neighbouring state.

    I feel sorry for all the civilians who got killed in Iraq, same way.

    Now you can't wait to "relinquish" the citizenship of a country that didn't poke it's nose into the affairs of a different sovereign nation as soon as you get the citizenship of another country that is directly responsible for deaths and horrible conditions of scroes more people.

    The only reason you are carrying a Indian passport is because it suits you for now. The only condition you are willing to ditch that is when you are sure of a better suited passport for you.

    Now express your anger/sympathy or any other emotion but don't pose as if you are doing it for the betterment of world. You put the language people speak over the country one belongs to. Remember the pledge you took during schooling? It said all Indians are my brothers and sisters. If you want to be a world citizen, no issues. People like you are of no use to any country. If you find an issue, work on rectifying it if you have the guts. Don't give dramatic statements like " I too carry the Indian passport with shame"

    I completely agree with you.

    Few of the most trusted allies for India in the region are Tamils from Sri Lanka and Baluch people from Pakistan but this present UPA govt ditched both of them.

    As a Tamil, I too carry the Indian passport with shame and can't wait to see the day when I become a US citizen.



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  • poorslumdog
    09-04 12:26 PM
    Pappu,
    You should have guts to reveal the ID of this Insider who is misusing his power to expose personal details of IV members.....Is this what what you mean maintaining confidentialty of Individual members????

    You and me are just another free loaders. What IV is going to lose if move out. add some value before you start threatening.:D





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  • dilipcr
    06-16 02:15 PM
    I agree with you. This guy applied his GC in 2001 and got it in 2003. In just 2 years. He made a stupid decision to leave MSFT and then lost 3 jobs in a short span. He is some nut mental case who is happy seeing others getting screwed. Maybe he works his way up by pushing others down.

    I dont understand as to why you are so enamoured about MSFT ? Is leaving MSFT a stupid decision ? Why do you jump to conclusions in a public forum without understanding the facts behind a decision ? Let me give you some facts about MSFT and my decision to leave. Draw your conclusions accordingly. As a techie, atleast then, MSFT was among the top notch companies to work for. The work was satisfying and not to mention the pay was rewarding too (atleast in 1994). Back then MSFT's core cash cow products were MS Office and Windows. That is the case even today. MS Office's 2000 release and Windows NT releases were path breakers. In my opinion, if you are in any group other than these 2 groups within MSFT, I dont think the work is truly satisfying. If your concern is a stable paycheck then ignore my opinion.

    Back in late 2000, the labor queue in WA, CA, NY and TX states was way too huge and the processing times were long. I surveyed the land for labor certification times and chose to move to MN or IA inorder to get thru this process faster. I chose a dot com company in MN and my labor and I140 flew fast before the 9/11 disaster struck. Oh BTW I was millionaire "on paper" for about 28 days :-). You may think that I went thru the entire GC for just 2 years. You need to check with people who had been GC during that time of the times we were in. In those days, in the immediate aftermath of 9/11, every immigrant in the midwest was scorned with hatred. Google immigrant tales and you will know. I had planned hard, gave up a stable paycheck and went thru 3 layoffs to get my GC. I believe that the long queues atleast in labor and I140 are due to a large number of people applying from NY and CA. I hope you would realize that people think through issues before making decisions. If you have not done the same dont scoff at people who do so.

    One last tid bit - MSFT is not the greatest of organizations that you think it is. As I said, if a stable paycheck is all you care for then you are right. If you are looking for real exciting action on the prfessional front, just in my humble opinion, think Hedge funds.



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  • grimreaper
    07-21 05:10 PM
    I've also been approached by Amway people both in the Bay Area and beyond. I despise their tactics and their deception as much as (or more than!) anyone.

    But let's not let it affect our community. Let's not let a few bad apples ruin that unmistakable bond we feel in America when we spot a fellow desi from afar. Now, any time I approach a desi to make a friend, I state in a jovial-yet-serious way, "don't worry, I'm not one of those Amway guys!" That's obviously not the first thing I say, but I make sure to throw that line in during the first minute or so of the conversation. If the fellow desi knows Amway, it gets a laugh, "oh, phew, that's a relief!" Once at an IKEA, I saw a desi who seemed to be following me. Turned out he wasn't following me at all. I asked him in a clearly joking tone, "Please tell me you're not with Amway!" He burst out laughing and we became friends (needless to say, he was not with Amway!).

    So why don't we all agree on a similar approach? If we meet each other in public, let's simply state that we're not with Amway. And if you're accosted, simply ask that person if they're affiliated with Amway. Plain and simple.

    How does this sound to others?

    Sounds like a good approach. I am going to use this line as a greeter in the future.





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  • thomachan72
    03-28 09:49 AM
    I just now posted that how no one mentioned Dr. JayaprakashNarayan. Well someone did mention.

    I guess that's not enough. There are lot of people who are not aware of this great leader.We need to spread the word about LokSatta.

    Listened to him and here are my thoughts:
    Pros
    1) Great idea about getting everybody involved in politics
    2) Is certainly not an emotional man but rather with great convictions and integrity
    Cons
    1) Seems to somehow promote atleast sublimly that marksist/communist are better

    The last thing we want in India is a marksist/communist movement. Right from the begining (first govt after independence) our prosperity has always been guided by a socialistic but increasingly capitalistic aproach. I wish he realizes that and focus more on political correctness rather than promote communism/socialism.
    WE DONT WANT COMMUNISM/SOCIALISM IN INDIA. THESE PARTIES ARE ANTIDEVELOPMENT AND ANTIPROSPERITY. THEY WANT EVERYBODY TO BE POOOR, LAZY AND WITHOUT ANY PERSONAL FREEDOM. EVERYTHING IS FOR THE PARTY AND BY THE PARTY. INDIVIDUALITY DOESN'T EXIST.



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  • Macaca
    01-28 09:11 AM
    This info is useful to novices for survival. Like many other postings, I had never heard about it.

    I feel the legislators are aware of these issues. These are the reasons our bill is having trouble. It is useful to be aware of them and see how we can counteract them in legislation.





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  • apt29
    09-04 03:15 PM
    Let us not fight and belittle ourselves in the community. Just think how people joke about Jayalalitha and Karunanidhi (no pun intended). The same could happen to us also. Atleast keep quiet if not discussing the Immigration issues. Politicians come and go, but people stay forever. Fighting about a local politician in international website like IV will tarnish our image.



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  • blacktongue
    01-14 10:07 AM
    ABUSING ON FORUM IS WRONG WHETHER IT IS AGAINST A MAN OR A WOMEN PERIOD


    Woman period yes. Man period no.

    You man or woman or nether?





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  • nandakumar
    05-28 09:47 PM
    1. Employment-Based Visa Number Movement and Predictions

    Many MurthyDotCom and MurthyBulletin readers closely track the U.S. Department of State (DOS) Visa Bulletin each month. The most recent Visa Bulletin chart is always available on MurthyDotCom. Given the importance of the cutoff dates in the Visa Bulletin, attorneys at the Murthy Law Firm are often asked for predictions as to the movement of the cutoff dates. There is no better source for this information than Charles Oppenheim, Chief of Immigrant Visa Control and Reporting Division at DOS. Mr. Oppenheim was a guest speaker at a May 20, 2009 American Immigration Lawyers Association (AILA) meeting, which was attended by most of our attorneys. Mr. Oppenheim�s explanations and visa number / Visa Bulletin expectations for the remainder of FY2009 and for FY2010 are explained below. Readers who are unfamiliar with the Visa Bulletin and the role visa numbers play in the permanent residence (commonly referred to as the �green card�) process should review some of the articles on this important topic that can be found on our website; among them, Priority Dates - How Do They Work?

    Historical Background

    Mr. Oppenheim discussed the historical background that led to the current unavailability of visa numbers, known as retrogression, for certain employment-based (EB) immigrant visa categories. Retrogression is not something new or unfamiliar in immigration law. Most EB numbers were current from July 2001 through January 2005 due to legislative that provided a temporary solution. This legislation authorized unused visa numbers from previous years to be put back into the system. Those additional numbers, along with the annual allotments, were sufficient to meet the demand until January 2005. Since January 2005, the supply of EB visa numbers has fallen short of the demand.

    Current Trends in Visa Usage

    Mr. Oppenheim stated that immigrant visa applications at U.S. consulates abroad are down seven percent from FY2008. India will use all the visa numbers that are available to its nationals this fiscal year. This is due, in part, to huge increases in the usage of EB4 and EB5 categories. Applicants from India have used twice the number of visas estimated for FY2009. Mr. Oppenheim stated that, because of the excess demand, further retrogression may occur over the summer months.

    Predictions for Movement and Usage of EB Visa Numbers

    Employment-Based, First Preference (EB1)
    Mr. Oppenheim expects that all EB1 visa numbers will be used before the end of FY2009. This may result in the establishment of a cutoff date for the EB1 categories for India and China, beginning in August or September 2009. Usage in the EB1 worldwide category (listed as "all chargeability areas except those listed") is also higher than expected. This may lead to imposition of a cutoff date toward the end of FY2009.

    Mr. Oppenheim explained that a trickling effect of unused visa numbers between EB categories has helped keep EB1 and EB2 categories current in prior years. However, due to the processing of a high number of applications, this trickling effect has already occurred, but is not expected to occur again in FY2009. Mr. Oppenheim attributed this to the hard work of the U.S. Citizenship and Immigration Services (USCIS), as well as that of the DOS, as they have succeeded in processing enough cases to likely use all available visa numbers from all categories for FY2009. He stated that the DOS and the USCIS are supposed to process enough cases to use the annual allotment of visa numbers and not leave any available visas unused and wasted in any fiscal year.

    Employment-Based, Second Preference (EB2)
    The EB2 category worldwide is also expected to be over-subscribed and will exhaust all allocated visa numbers before the end of FY2009. To date, Mr. Oppenheim estimates that 3,200 EB2 India visa numbers have been used in FY2009. The high usage in the EB1 category has prevented the usual trickle of visas to the EB2 category. Thus, China will experience the same EB2 retrogression as India in July 2009. The EB2 China cutoff date is expected to be set at January 1, 2000.

    Employment-Based, Third Preference (EB3)
    All EB3 categories are currently unavailable; all available visa numbers have been allocated. No change is expected to occur until the beginning of FY2010.

    Employment-Based, Fourth Preference / Certain Religious Workers
    There has been an unexpectedly heavy usage of visas in the EB4 categories for certain religious worker in FY2009. A cutoff date thus may be set in August or September 2009. Mr. Oppenheim stated that, if the Certain Religious Workers category becomes unavailable, applicants in the ministers category are not affected.

    Visa Numbers for Indian Nationals
    Mr. Oppenheim has set the cutoff date for EB2 India at January 1, 2000. According to current estimates, out of the approximately 200,000 I-485 applications currently pending with USCIS, 120,000 of them are chargeable to India, with the cases divided evenly between EB2 and EB3. This means that EB2 and EB3 India applicants count for 60 percent of the I-485 cases currently pending with the USCIS.

    FY2010 Predictions by Charles Oppenheim of DOS

    Mr. Oppenheim stated that he expects the EB3 worldwide category to have a cutoff date of March 1, 2003, beginning with the October 2009 Visa Bulletin. When asked about the potential cutoff dates for EB3 India, China, and Mexico, Mr. Oppenheim said that it would depend on the demand for these categories over the rest of FY2009.

    Mr. Oppenheim estimated that there are currently 25,000 EB2 and EB3 cases from Indian nationals that have been reviewed and are only waiting for visa numbers for final processing. He stated that, due to the dramatic increase in employment-based filings, visa cutoff dates for FY2010 will be much more limited to ensure that there will be a steady supply of visa numbers available throughout the year. This will lead to earlier cutoff dates and may help prevent visa categories from becoming unavailable.

    Conclusion

    We at the Murthy Law Firm appreciate Mr. Oppenheim's commitment to addressing matters related to visa numbers and the Visa Bulletin. The continued shortage of employment-based visa numbers is a source of great frustration for many and Mr. Oppenheim's predictions do not assuage that feeling. It is better to have an understanding of the reality of the situation, however, than to operate in ignorance or with unrealistic expectations. Once again, the shortage of immigrant visa numbers underscores the need for legislation in this area to increase the numbers, change the counting of the numbers (from one per person to one per family), or to revamp the system entirely.



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  • akred
    02-18 08:50 PM
    As per the facts first baby boomers will start collecting benefits in 2008 and by 2020 when most boomers are 60+ there will be 2.6 workers paying social security and medicare for every retiree versus 5 workers now

    Is there anybody looking at this angle for increasing GC cap/upper limit ??

    I find in this situation, Churchill's speech has a more dramatic impact.

    http://www.churchill-society-london.org.uk/LngHrdWr.html

    The peoples of the British Empire and of the United States number nearly two hundred millions ...
    have more wealth, more technical resources, and they make more steel, than the whole of the rest of the world put together.

    Substitute India and China for the British Empire and the United States, and reflect on how soon the 3 criteria will be met.





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  • qplearn
    10-04 10:37 AM
    Desi companies are to blame but not always.

    This is a common practice in big companies. Guess which companies have got the most number of LC's to substitute. It is some of the big software and consulting firms. Myself being a part of one such company have seen a lot of my co-workers use it to get their GC. I will admit though that in big companies it is used after one of the following has happened:

    1> You have been stuck in LC stage for a long time.
    2> The initial original LC got messed up due to lawyer or company negligence.
    3> The I-140 stage got messed up due to lawyer or company negligence.
    4> You are an old employee but did not somehow start your GC process till you only had a year or less remaining on your H-1.


    Unfortunately for me, none of the above has happened so the company will not use LC substitution for me. But it is a common practice.

    Many big companies (I am not referring to desi companies here) use it when they fire a guy for whom they have an approved labor cert. This is the commonest scenario. Until sub labor is banned, and there is no certainty that it will be, we will have to live with this menace.

    A person I know was so delighted when his colleague was fired because he got to use his LC; they were doing a very similar job. I am talking about a very large firm in Dallas.



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  • arunmohan
    06-03 07:34 PM
    Laws you quoted are for US residents, not for those wanting to be US residents. Country quota, I believe, is more sensitive and difficult to change. Of course, it is not working for the original intent to not have people from a few countries making US as their home.

    Work-arounds, we are so familiar with such as AOS, EAD, H1B beyond 6 yrs, etc., are easier to get in. For the current situation, simple work-around could be to adjudicate a case when all is good except the visa number, and send an interim GC card until visa number is available. When visa number is available, interim card could be replaced with a permanent card. In a nutshell, replace EAD/AP with an interim permanent resident card, and replace it with a permanent card when visa number is available.

    I agree with JSB. As per my understanding this would be a best option for us right now. We can fight for this from USCIS, there is no need for legislation.

    IV and Donor members please proceed for this. I am willing to donate money for this.

    We can ask from Ron Gotcher if this is possible or not.





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  • nixstor
    07-03 09:22 PM
    Will it be possible to get emergency legislation to capture unused EB numbers for the past several years????

    Is it possible to escape the radars of the likes of Durbin & Sanders?

    No, it will not be possible to escape the radars of Durbin, Grassley or Sanders. The key is to get support from people like Kennedy. I know it is very difficult because kennedy is very pissed off with the failure of CIR. Kennedy will only consider this, if this really becomes a full blown issue beyond a certain magnitude. Then we have people like Hagel, Lieberman, Cornyn, cantwell who supported bigger amendments than this. It is a matter of making this a bigger/biggest issue related with USCIS and immigration.





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  • smuggymba
    10-15 03:37 PM
    logon ke muh mein ghee shakkar:)





    colors
    09-06 04:16 PM
    Immigrstion attorney,

    What is the procedure to update USCIS on any missing documents once we filed our I-485 instead of getting RFE.

    Thanks





    chanduv23
    06-28 08:56 PM
    Maybe eb2, eb3 petitions are far less in number than "other worker" petitions. USCIS definitely has a rough idea of the number of petitions that could be filed. It may not be as bad in July, if such a situation happens it may happen in August

    Is there anything we can do at this time - probably nothing unless such thing happens.

    Wow, we talk about employers, managers, lawyers etc..... but look at USCIS - the biggest culprit. As long as it is related to immigrants - they can do anything and get away?