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  • bfadlia
    02-16 10:59 AM
    Guys, let's straigthen one thing out. I have heard here things like "flooded the market" or "why 90% of company are people of certain nationality". Well.. It's a very natural process, and it happened, happens, and will happen, and it's normal. Look at this scenario. Not to touch any nation, I would use Krakozhia as example.

    Suppose you are from Krakozhia, you are pursuing American Dream, you found clients, you secured some funds and you are ready to open up a business and do something. Now you need people, you have two places to look up: American or foreign. Looking employee in the US is extremely expensive and risky business. 4 out 5 candidates will have no clue what's written in their resumes, will not want to work for you, will chill 2-3 months until you fire them, will be doing only one thing - sending resumes for a new job with better salary. Trying to hire Americans without good HR will lead your business to the dead end.

    So you will look into foreign market. Where? Are you gonna go to China/Russia/India? Where you don't speak their language? Don't know local specifics? Of course you will go to your "Krakozhia", where you know people, where you know universities, and what kinda people graduate from where. So you will build a team and bring here - start working. Here is another fact - about 80% of jobs in the US people get through references. Yes, companies prefer to hire friends of employees, because they don't have to spend resources filtering people from the street. "Are you sure he is a right guy for the job?" - that's it, the guy gets hired. So, your first team will bring their friends/relatives - all "Krakozhians". And from the business point of view - it's the best way. It's not racism, not discrimination, not invasion - just business. You are just doing what is best for your business... business doesn't have races or ethnics groups. And btw, CEO is REQUIRED BY LAW to maximize profits. If hiring foreigner will be more profitable, then you are required in front of your shareholders to do so.

    Only when the company will grow large, have good HR - then the company can afford hiring everybody from everywhere. And US government knows and accepts that, and it's happened in the US history many times. 100/200 years ago there were Irish, German shops. 80 years ago there were Italian shops. Nothing horrible happened, they all eventually melted. I don't see anything wrong that there are Indian or Jewish, or Russian shops. They will eventually melt in and become regular American companies.

    dear Bestia, I don't recall anyone calling the situation you described racism. I for one said it's human nature's favorism and, like it or not, it does jeopordize diversity, so you will have a hard time convincing US to let go something it wants for the sake of something else just because it's better for you.
    Please note that I did not start this discussion and I hate it as much as you, but the ones who started it did so by repeatedly saying that the disproportionate indian chinese lines here are mainly because they are 1- better and brighter than the rest of us 2- more marketable than us 3- more educated than us 4- all of the above
    can't you see the blatant racism in these explanations and my right as an ROW to be offended by them? I never intended to run down the indians and chinese when i say that no these are not the reasons, we all have equal skills and that the real reasons are the higher population of india and china and the skewed methods of bodyshops..
    i'll stop responding to the other idiot who has nothing but insults and conspiracy theories instead of real arguments, someone doesn't realize that 90% of IV members did not attend the rally, yes throw that in their faces and ask them to leave whenever you run out of idiotic arguments. really pathetic!





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  • logiclife
    05-10 04:13 PM
    There is a lot of debate going on here, about how Canada and Australia have a better immigration system because they are points-based self-petition systems compared to employer-petition system here in US.

    I believe the employer-petition system is still the best system to implement for immigration. Its complicated, long and provides breeding ground for exploitation. But that is the ONLY way to ensure that the workforce is not oversupplied with labor and the immigrants who can gather points actually have the ability to get jobs.(look at Canada where Ph.Ds who aced the points sytem are inept in real world and drive taxicabs and blame the Canadian Government).

    If I score 100 points out of required 50 or 60 points for Canada, its all meaningless if I am inept and cannot get a job. However, I would contribute to my own well-being and to the workforce and economy if I can find a job and an employer willing to petition, even if I score 25 points out of required 50 or 60.

    US has the best immigration system and I believe the employer petition is the best method for adjudication. However, it has its problems in terms of delays due to bureaucratic inefficiencies and inadequate annual quotas. If Australia, France, Germany are going to adopt the Canadian model of points-based system, its not goint to help them or the ones who go there.





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  • greencard_fever
    07-25 10:31 AM
    Well I agree with you and some other members. Most of these lawyers don't know crap what they are talking about. I have my white lawyer, so far the experience has been good with him, but when I asked about the current dates, he was quiet perplexed.

    The fact is , no one has done calculation like we IV members, also in Ron's post nothing was mentioned about horizontal or vertical movement. All the comments made by this lawyer are more on subjective and speculative lines.

    Ron Gotcher is simply doing a guess work here,

    It's reverse psychology, create a little tension among applicants, and the lawyers will get more clients for answers. Believe it or not, IV has affected a lot lawyers business, as now members here are more educated in filling up different forms themselves. Somehow I feel, even a firm like Murthy law looks up to IV for latest updates.

    Well said,Yes attorneys would not know much about the recent changes in processing the application and VISA spill over changes.I bet every since IV made a remarkable place in Immigration community Murthy might be experiencing cut down in new clients and less mumber of Hits to MURTHY.COM

    Kudos to IV and all Core team members.





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  • unitednations
    02-19 11:38 PM
    Why is it surprsing that Skill Bill is not passing when restaurant manager is getting GC before US CS Ph D?

    Now; everyone might see the extent of gaming in the system and why it is not so clear cut of the "benefits".

    L-1a is an abused category. One can have a business back home; get an L-1a for one year to open an office in USA. Once they are here; after one year they can extend the L-1a for three more years if they can prove that they have opened the office and office back home is still running. In this scenario person can self petition after being on L-1a for one year. This is why L-1a has a limitation of seven years. First time you get one year to open the office then two three year extensions.

    If a person comes through a companies L-1a but not to open an office but to join an existing office then they can apply at any time. Enough people try to come here on business visa and then change status to L-1a to get around the scrutiny of the consulates and then go for greencard through this route.



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  • wellwishergc
    07-03 04:32 PM
    I would suggest getting the congressmen/senators' attention on this issue. If not a short-term benefit, this issue may give us mileage to get a legal-immigration based bill rolling this year.

    Here is one more to digg

    http://digg.com/politics/Rep_Lofgren_Issues_Statement_on_Updated_Visa_Bulle tin





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  • saketh555
    09-15 06:08 PM
    I guess the priority dates for EB2 will hoover around 2nd Q of 2005. I came to this assumption after seeing mass approvals of 04 applications, looks like they are cleaning all 04 applications:rolleyes:.
    Can't really guess EB3, not even GOD.



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  • nomi
    09-29 01:19 PM
    Hi Kukitron and all,
    I am having a new h1b with validity 7/2009. But My Visa expired by Aug,2006. Please clarify, can i travel from canada to Seattle thro Road with the expired visa and the new h1b which contains a valid I-94

    Thanks
    Sundar


    Yes you can according to following rule

    http://travel.state.gov/visa/laws/te...ams_1441.html#

    There are lot of condition which you need to follow in order to use this Law. That`s why I am asking other people about it and see how many people use it and what they said about it.





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  • smuggymba
    07-27 11:55 AM
    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.

    I'm not sure but some one did mention this on this forum. It's better if other people can comment on the veracity of this statement.



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  • chintu25
    09-24 01:43 PM
    I think we should ..........this would be helpful to their business too.

    EXCELLENT IDEA HERE are some CEO addresses we could send the emails too as well asking for their help



    Biotech
    Monsanto
    Hugh Grant,
    Chief Executive
    hugh.grant@monsanto.com

    Consulting
    Accenture
    Joe Forehand,
    Chief Executive
    joe.w.forehand@accenture.com

    Entertainment
    Disney
    George Mitchell, Chairman
    george.mitchell@piperrudnick.com

    Kodak
    Antonio Perez, CEO
    Antonio.Perez@kodak.com


    Internet
    EBay
    Douglas McCallum,
    Chief Executive Officer
    Douglas.McCallum@ebay.com

    Network Solution
    Champ Mitchell, Chief Executive Officer
    Cmitchell@networksolutions.com

    News
    Bloomberg
    Chief Executive Officer
    Mbloomberg@bloomberg.net

    Last but not the least

    United States
    George Bush
    president@whitehouse.gov
    http://www.whitehouse.gov



    GET BUSY GUYS

    Thanks





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  • deepakjain
    01-22 04:17 PM
    Deepak, are you a consultant or FTE?

    I work on full time basis. have pending 485 and do have EAD and AP, per my attorney decided to get visa stamped on my passport so that do not have to renew AP and EAD every year. I do not intend to leave the employer neither does my employer has any intention of kicking me out.



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  • rahulpaper
    06-27 10:03 PM
    Isn�t the visa number limited to a upper threshold for each EB category for each country...How does these number move around between various countries....doesn�t that mean people from India and China (2 countries with most retrogression and paranoia) are looking at a very small number (~2K-4K) and not 40K in July?

    Can someone comment on this number issue?


    Yes I agree.. But if they don't move date foward then they can't approve those backlog applications.And they don't want to loose 40,000 visas . Now when they made all date current, they can approve all those pending application which are complete and just waiting for date to become current. Now we don't know real number and don't know how long it will take USCIS to do all approvals. But if they approve 40,000 in 2 weeks, I won't be surprised if they make it 'U' like other workers.

    But then question still remains why they made all current. They could have just moved it by year or so.. And I am sure they know how many application they can expect in July.. I already saw some where that we have around more then 80,000 approved perm.. All they going to apply.. And what about all whose labor just got approved fro Backlog centers?

    Its making everybody confused.. But its not in our hand and we can't do anything. Best thing is to file asap and just hope for best and we are always ready for worst..


    Just think if they make date 'U' in middle of july, how many member going to loose money. Each of us spent so much money this month and if nothing happens that we loose all of it.





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  • samay
    07-15 05:18 PM
    Hi there,

    Here is my situation, any help to resolve this is appreciated.
    - My self (primary) & my wife's(derivative) I-485's (PD June 2002) were filed in March 2007.
    - My I-485 was approved in July 2007, my wife's was pending due to NC.
    - My wife's employer filed PERM (PD June 2007) & then filed I-140 in March 2008.
    - We recently contacted NSC regarding my wife's case status, we received a letter from them stating that, her I485 is waiting for I-140 to get approved.

    They linked her new I-140 to her pending I-485 that was filed as derivative.Is this USCIS error?.How to correct this error and have them consider her I-485 application as a derivative application?.

    Thanks for your help.

    [COLOR="Blue"]Your attorney should get in touch with the USCIS.This situation can be sorted out with informing the USCIS. In case you require any assistance please get in touch with me.



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  • qualified_trash
    11-09 12:53 PM
    Well said. These kind of feelings are general for human beings. But thinking and worrying about any problem is not going to fetch you anything. If anyone has problem, then they have to start thinking about a solution. This is help them to overcome the the real problem. Thinking and worrying about it will make the problem wrost.

    Every human being is having two virtual circles in his entire life. The inner circle is circle of influence on which you have full control and outer one is circle of concern on which you dont have any control. You cannot change the weather(outer circle). Worrying about how cold or hot is not going to help you, but you can wear adequate clothing(inner circle with your control) to over come it.

    So think what you can do with what you have in your control. This will bring peace and happiness in your life and eventually will enable you to overcome big issues in simple way.

    Ok now for BASHERS: IF YOU DONT LIKE, PLS IGNORE IT. I should add this in my signature.


    from the 7 habits by covey.......... nice!!

    http://www.breakoutofthebox.com/circle.htm





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  • minimalist
    09-23 11:01 AM
    I support this, if most of us like this. I considered people with one income and who lost jobs in this economic situation. If this idea is supported by many members then i will also support.

    aps

    Dude, It is a proposal from one of IV folks. The chances if it becomeing enacted are 0.0001%.
    Even if it does ,it takes few more people out of the queue.
    I can't afford to buy a house either. If 10 people get out of the queue, the line will be that much shorter.



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  • okuzmin
    10-05 06:07 AM
    Yes... at the time of application the H1B should be valid for at least 1 year.... I got my papers returned to me coz of this. I reapplied once I renewd my H1 for 3 more yrs

    It doesn't have to be H1B; you simply had to enter the USA legally (in any status) and stay legally in the country for at least one year. F1, J1, H1, L1, or any other status -- it doesn't matter.





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  • perm2gc
    10-04 06:44 PM
    I just got to this site via from immigration portal.
    I have been reading a lot in the other forum and here about the ways to cure retrogression. Lobbying for more Visa's and other things that were part of the S.1932 bill are fine, however these things are not going to solve the retrogression problem even if such a bill gets passed.

    No one seems to be talking about the real problem that is Labor Substitution. Abolishing Labor Substitution will itself take care of every retrogression problem.

    The INS does not have the right tools to police the misue of this rule. This is resutling in a lot of problems for even those employees whose Labor's get substituted even if they are still working in the same company.

    Any effort to reform immigration should start with first reforming the Labor Substitution rule (if not completely abolish).
    I know that all the companies/employers and the lawyers community are against removing the Labor substitution, therefore it will never be removed, but atleast it should be reformed so that it can be better policed so that no one is able to misuse it and play with peoples lives. And in turn add to retregression.

    Following reforms are needed in Labor Substitution.

    - First thing in the Labor Substitution reform is related to the Priority date. The Priority Date for a substituted Labor should the date when the Labor is substituted (or the I-140 filing date). It should not be be the date when the Labor was originally filed. This in itself will solve 90% of the problems related to retrogression.

    - When a Labor is substituted it should be verified immediately to find if there is any I-140 or I-485 that is pending based on this Labor. If so then the Labor should be rejected immediately. Currently this is not done at the time the Labor is substituted, therefore the resulting 485 filing just amounts to add up into the backlog of Visa Number requirement, until the priority date becomes current for this 485.

    - If an employee invokes the AC21 then that Labor should not be allowed to be substituted.

    - There should be a limit to the time until which a Labor can be substituted. This could be debatable and could have other consequences, as the INS could invalidate any GC application that is been pending for more than the this duration.

    In short the Labour substitution rule is in a mess and is getting miused a lot. People are getting fooled by the employers, and ultimately its making the retrogression more worse.

    neocor


    i am aware my threads on same scenario..do we need to discuss same thing again and again..please search the forum before opening new thread...



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  • PlainSpeak
    01-13 04:54 PM
    i'll not tell anyone that u'r gcperm.... ok?

    btw, no one is freaked out knowing that u'r gcperm..... i guess no one cares for u....
    Ahh my friend Ron if you are trying to get me to feel bad with your statement i guess no one cares for u.... then all i can say is Better Luck Next Time
    I dont care if anyone cares for me or not peronally or w.r.t. what i have stated in this forum.
    If people abuse that is their problem not mine. Sure i wil lfeel bad but it would be feeling bad for them not feel bad :P
    If people do not agree with me that is also ok since that is their right
    If people do not care for what i am saying that is also ok because the whle idea is that people on thsi forum start thinking about all options (Out of te box solutions)

    And seriopusly my friend if my intention was to convert or sway a whole bunch of people (Which i have no Intention of doing) within a day that would not be much of a challenge right ? because nothing comes for free (read that as without effort) in this country. I believe that is one of the slogans of IV. And guys i just borrowed it so dont hit on me saying i am now using IV slogans for myself

    Peace ...





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  • go_guy123
    01-28 04:11 PM
    :mad: They should stop the so called substitution.

    USCIS was trying to abolish this substitution. The lawyer lobby opposed it.
    There are too many well funded vested interest groups, so we are getting screwed. I have no hope/expections of GC relief...only more H1B quota making things worse.





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  • PlainSpeak
    01-13 03:09 PM
    I completely agree with amitjoey and willigetgc.

    Blaming IV on one hand for the lack of enthusiasm and support from EB3 community and on the other hand - for a stand-still in the Congress when it comes to EB specific bills/laws is inappropriate. And then asking IV to drum up a fake EB3 relief measure to encourage this community is a disastrous way to go.

    I recently spoke with one of the admins (reached via contacts page) who gave a very realistic view of how things stand in the Congress and otherwise...and I truly encourage other members to talk to the right folks to get facts rather than getting misled by pure rhetoric. I trust that IV core advocacy wil identify the right bills/legislations to push for and hopefully regional grass-roots members will support those efforts. This Diversity bill might prove to be good practice but we should not have any false hopes. it just gives us another reason to blame IV later on - and IV is the only true platform we have.

    Other than that let me just paste the following I wrote on another thread in response to Plainspeak's approach -
    You do not represent my opinions. So please stop advocating yourself as an EB3 representative. With the points you have raised and the negative vibes you have created between EB2 vs EB3, you have shown that you are concerned and frustrated only about your own personal GC situation and are trying to use the EB3 tag to shove it down my throat. Which I completely detest.
    And to that commnet of mine which you copied from the other post i would asvise people go to that post and see my reply to that





    akred
    02-15 11:11 PM
    oguinan,

    Paragraph 1 of Article 1 establishes the definition of racial discrimination for the purpose of the document. Paragraphs 2 and 3 limit the operation of the convention. As to why paragraphs 2 & 3 were included, perhaps they were required to get countries to sign on to the convention.

    Here's a better link. Read under Modern Racial Exclusion, excerpts of which I have posted below.

    http://academic.udayton.edu/race/02rights/immigr09.htm

    ...similarly situated persons (e.g., siblings and children of U.S. citizens) may face radically different waits for immigration depending on their country of origin, with accompanying racial impacts.

    The law created a new immigrant visa program that effectively represents affirmative action for white immigrants, a group that benefitted from preferential treatment under the national origins quota system until 1965. Congress, in an ironic twist of political jargon, established the "diversity" visa program, which though facially neutral prefers immigrants from nations populated primarily by white people.

    The link to the CERD report is here. The convention does not address the country limit directly as the convention expressly does not apply in that area, but it does show that there is awareness about the discrimination faced by immigrants. http://www.unhchr.ch/tbs/doc.nsf/(Symbol)/6d8aee7e356e6498c1256d4e00557f3b?Opendocument

    You can see that the UN panel is aware of the fact that racial discrimination manifests itself in disproportional representation (note the reference to the composition of the Supreme Court). It can be argued that the 7% country limit provides a pretext to discriminate against India/China/Mexico on the basis of ethnic or racial origin, and as such would run afoul of the convention.





    BharatPremi
    12-13 05:22 PM
    In short, you cannot challenge the law itself but, can challenge how the law is interpreted.


    In general terms, yes that is the case and it should be. But what if some law is in direct conflict with the main theme or part of the constitution ?

    Like here EEO bans consideration of country of origin but EB based immigration allows per country limit. Both concepts/practice are really attached with "Employment". :confused:

    And all laws are really covered under the power of constitution? If not than where this one (per country based) lies? Constitutional OR non constitutional?