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  • dilipcr
    06-11 05:11 PM
    To be honest, I do agree that the US needs qualified people with skillsets. The real question is "Are the people from the desi consulting companies the real qualified lot ? " Just to get my background details out of the way. I am a new member, from India ofcourse, and I have recently applied for my citizenship. Now with this huge deluge of immigrants, especially from the desi consulting companies, I feel that my quality of life is getting adversely impacted. Do not rush to conclusions that I am anti Indian or anti immigrant. 12 years back when I first got my H1 visa, the requirements to qualify were strict. Staffing companies to a decent extent followed rules and tried to get the best and the brightest. Once the dot com boom started, people from all walks of life entered IT. This was true of not just the Indians but also of people in the US. Soon after the bust, the value proposition from these staffing companies was simply low cost. This is not to blame the staffing companies. They behaved in an economically rational way.

    Consider this scenario. If you run a consulting company, wouldn't you try to maximize your profits by staffing people in projects at the least cost ? This is econmically rational. You wouldn't worry much about the quality of the deliverables and all you would care is to dump as many bodies as possible at the client site or offshore and get the maximum bang for the buck.

    In this scenario, how is it feasible to expect immigrational justice when the bodies themselves dont provide exceptional talent and skills but simply offer low cost ? Now you would be tempted to bring in the analogous case of illegal low skilled immigrants. Remember they are just that - low skilled workers. They dont "steal" the jobs of high skilled workers. But this dumping of IT workforce has completely brought down the standard of living of the IT workers here. To be honest, those who get green cards today would feel the same way five years from now when the next wave of so called "skilled IT immigrants" offer even lower wages and destroy the quality of life.

    In summary, this retrogression is good in a way. The truly best and the brightest would still be employed until their turn for adjournment comes in. Only the weak are currently scared of the delays. I went through the same torrid GC phase after the tech meltdown in 2001. I was not worried of my job then but many people whom I knew got clobbered and were forced to leave. This is the darwinian flush and it will take its toll. Trust me this the bitter truth. If you people still consider that all the people on H1/L1 are part of the best and the brightest, they are WRONG. Only a small % (probably 20%) are the true best and the brightest and a good 50% will be flushed out. Sorry to say this and hey give me the red dots.

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  • dan19
    05-09 02:38 PM
    1. Birth certificates: They are asking for the Birth Certificates with the application. I and my wife don't have our birth registered in India. Can we provide birth certificates that the Indian embassy sends for this purpose? For US I-485, we were planning to use Non-availability certificates.

    >> Canada Accepts Birth Certificates from the embassy.

    2. Experience Letter: Will a notarized letter from colleague work for showing work-exp in India. Please note that I already have over 4 yrs of experience in US after that - for which I will manage to get a work exp letter from my company.

    >>4 yrs in US should be sufficient. You can just put those 4 yrs of exp in the work exp. sheet they provide. Just ignore the others, else be prepared to answer any queries about it like paystubs, offer letter etc.

    3. Status in US: My H1B is valid until Oct 2009, but I don't have the visa stamped on my passport (last H1B visa stamp expired). Can I send a copy of I-797 to prove my status? Also, my wife's F-1 visa has expired but she has a valid I-20 until Dec 2007. Can I send copy of I-20 for proving her valid status in US?

    >>You don't need a passport stamp

    * I am providing these answers based on my experience. I got my Canadian PR. But please cross-check.

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  • nomi
    09-29 11:00 AM
    I got my Canadian PR and I have to land before 3/12/2007. My H1 B VISA STAMP expired on
    8/30/2006. I got approval from another three years from USCIS but I need to go for visa stamping. I don`t want to go for US Visa stamping coz last time it took my one month for all background checks. I am avoiding for US Visa Stamping but I want to land in Canada in order to secure my Canadian PR.So any I use automatic revalidation provision of 22 CFR � 41.112(d) and come back with valid I-94 and without H1 B visa stamp from US consulate


    Any one can help or guide me what is safe to do ?


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  • TeddyKoochu
    07-22 12:21 PM
    Smile - I can prove this is a relevant topic ..how..

    Some of these jokers (Quikstar..Amway) have filed GC in EB2 and Eb3 which is illegal, someday states Like Arizona will declare that anyone looking like us should be checked for Amway membership and deported

    Profiling is an issue and because of some jokers we all may have to go thru scrutiny.

    We should ask USCIS to check all GC applicants name in Amway database and if found USCIS needs to send them to Mexico (because illegal)..

    We should write to senators... your opinion on this? ( this way Indiancommunity can be clean and fight for legal hardworking people in immigration policy)

    Folks and friends some really nice knowledge sharing is happening here it’s a good discussion. The OP here is a completely fake person and is enjoying at our expense, he has nothing to do with legal immigration just getting pleasure here by instigating us.


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  • eb3_nepa
    09-23 12:31 PM
    How do you propose to actually IMPLEMENT this though? I mean how does one actually get out of the quota by "simply agreeing" to buy a house? How does the USCIS enforce that? Don't get me wrong, I would actually possibly benefit from this, but I am not sure how exactly this will go down? The anti-immigrants will see this move as a "BUY YOUR GREEN CARD" or "THE US CITIZENSHIP UP FOR SALE" move.

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  • mpadapa
    07-23 12:02 PM
    vdlrao, I looked at the DHS data there seems to be lot of discrepancy in the EB and FB numbers shown in that document and the DOS statistics (http://www.travel.state.gov/visa/frvi/statistics/statistics_1476.html)

    But if you look at the last page where they discuss the EB limits, the document self contradicts. For example they say 2007 EB limit is 147,148 but based on their Table 2 (page 3) the EB limit comes out to 143,771 ( 140K + (226K - 222,229)). Also they have a foot note saying that DOS sets the EB/FB limits.

    I've a spreadsheet which has the calculated EB limit for FY (2003-2007), the numbers I arrived at is very close to those reported in the September bulletins. If U wanna take a look at it, please PM u'r email ID, I can send it to U.

    mpadapa, I am getting 31,100 unused Family Based Visas for 2007 fiscal year from
    DHS bulletin is not updated correctly like Employment Based AC21 VISAS? Please let me know.


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  • BharatPremi
    12-13 01:22 PM
    Hello All,

    First and foremost, i must thank everyone from IV, who is working tirelessly to resolve the issues of retrogression in the GC process. As an affected individual I am very grateful that leaders of IV are ready to contribute so much effort for its goals. And even though I do not actively work for the IV agenda, I have contributed money to some IV action items.

    I have a question/suggestion regarding the IV agenda. On IV's about page, pt number 2 asserts amongst other things,
    The Discriminatory Per-Country Rationing of Green Cards That Exacerbates the Delays.

    and further in the same point

    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.

    I am curious to know what is the "legal" strength of these assertions is. Are they just "moral" statements or can the validity of these statements be tested in the legal framework of this country? In other words, my question is what is the constitutionality of the "Per Country Caps" in Employment / Family Based Immrigration procedures.
    A lot of Laws and Statutes have been challenged in the Judicial System of USA. And many more are challenged every year. And if the laws are not constitutional then they can be repealed.

    I am sure the leaders of IV must have thought about this argument however a quick search of the forums with 'constitutionality' as the search term did not return any results.

    IV's efforts to utilize Lobbying to bring about change to alleviate/eliminate retrogression are certainly beneficial. However, if IV has not already considered and eliminated this legal argument, then it should explore whether there is any substance to this approach.

    Hence this post. Below are some of the links that might be relevant.

    wikipedia article on constitutionality (http://en.wikipedia.org/wiki/Constitutionality)
    wikipedia category on US immigration case law (http://en.wikipedia.org/wiki/Category:United_States_immigration_and_naturalizat ion_case_law)

    thanks and sincerely,


    I am not a lawyer. Here is my understanding as a lay man:

    What is constitution?

    A: At some point of time, group of people, with having confidence from
    majority of people, with a centralizing tone of some common
    philosophy/ethics, create the framework of regulations with a goal to make
    society orderely, to make sure that common good of people remains
    prevalent and maintained and assures the penalty for deed done agianst
    common good and breaking the common order of the society. Wise ones,
    accepting the limit of individual capabilities, understanding the different
    needs of the society at different time, keep windows opened to improve
    the "base" constitution with making sure all checks and balances do not
    allow the misuse and hecnce the word "Amendment/s" have the existence.

    Now there has to be some base ground when base consitution is prepared.
    What that could be? During the process of human evolution, with accumulated experience of centuries, human societies have established some common practices which we now name "Ethics" and amazingly many are similar across many culture. For example, Burglary is considered crime in each and every society without any question or difference. Why?.. I do not like somebody snatches away my chain as in my mind I have established my ownership to that chain. You also do not like it somebody snatches away your car.If there are only two humans on earth, things might have been simpler considering one is burglar of those two. But here in society now every body has to establish the proof that s/he is aowner of something and somebody else snatches that away then it is not good. So wise ones decided (to keep
    controlled and organized society) made a rule : "From today we will call the act of snatching something away from somebody an act of crime if the person can prove that s/he is the original owner of that thing and let's call that person a "burglar" because he snatched away the thing" Now it was suited to everybody because it was protecting their belonging so that was established as "Ethics" and stories of "criminal behaviour"were created by every society for snatching away the thing from somebody. That make every human understand the fact that snatching away is bad thing
    (if done openly:), If lawyer snatches away big money from your pocket .. no it is not a crime or that matter USCIS... just kidding :))

    Now making story short, after 200/300 years of evolution, USA has legally decided to push the "Ethics" of employment: "Equivalent Oppertunity to all Citizens without race, creed, color, country of origin" and "Skill is the criteria of an employment" Now when these ethical and progressive principals are already implemented for common good of citizens, it should be implemented for foreign labor (non immigrants/immigrants).

    Can we "constitutionally" label some person that, hey you will be called burglar if you snatches thing away from US born person but you will not be called burglar if you snatches away the thing from pakistani or Sweedish or Chiense who has just arrived in this country?

    So bootmline: If at all constitution is permitting "per country based ceilings" then
    we will have to fight to change that because it is not right.

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  • venetian
    05-12 01:40 PM
    If you are talking about SL Tamils, they are not immigrants but are the native sons of northern part of the present geographical area known as Sri Lanka. Before Europeans came, they had their own kingdom but when finally British left, they left it with hands of the narrow minded majority, who started to discriminate ingenious Tamils left and right.

    Of course there are Indian Tamils in Sri Lanka who were taken by British to work in the tea plantations.

    Current issue in Sri Lanka is between native Tamils and Sinhalese. Indian Tamils factor very minimal.

    Do some research before making a comment about entire ethnicity.

    Can I ask a question - tangential, maybe, but not by much. Why do Tamils have such a problem assimilating? Why don't they learn the local language and respect the local culture when they immigrate? Their motto seems to be "In Rome, be a Raman".

    And the opposite is true when people speaking other languages settle in Tamil majority areas - they are, dare I say, forced to integrate, because that is the only way one can manage to live on a day-to-day basis. Would Tamils ever allow a non-Tamil minority to gain even a tiny foothold in their areas where the Tamil writ would not run? I doubt it.

    Note that I am a firm believer of learning and respecting the local culture and integration. One does have a 'right' to propagate one's own language and culture, but they lose that right substantially when they emigrate to an alien land - whether it is within the same country or not.

    To extend the logic, when we (mostly people of Indian origin in this group, I would assume) immigrate to the US, while we may try to conserve our heritage in private, we cannot impose it on the locals. That is when you end up creating ill-will against immigrants among the native population. America has been a great melting-pot, and has had great success assimilating great waves of immigrants from various countries including Italy, Ireland, Scandinavia, Germany etc, and the reason it succeeded was that in a couple of generations, there was total integration into the American culture. We owe it to our adopted country to do the same.


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  • fall2004us
    07-21 01:19 PM
    I have had my own experiences with these stalkers, one time I ran into a guy in Walmart and he asked "are you from south India" blah blah....then he asked me "do you have my phone number", I told him "I just met you and how do u expect me to have ur number".....then he asked my #, I gave him my old land line which was disconnected, he called immediately saying that he is giving his # to me, the call did'nt go through, he asked me why? I told him straight on the face to stop this amway business deals with me, he just ignored and rushed to another aisle.
    As others said, if some desi smiles and talks to you (which is rare) the first thing you think is that he is from amway......:D

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  • snram4
    01-15 01:45 PM
    Difference between Job shops and reputed Companies

    Indian body shoppers employ a H1b Persons and many of them are in hourly. No project then no pay. Also because of H1b and GC employer has complete control over the employees about pay and other benefits. No pay in bench is violation of law and both employee and employer are willingly accept that. Because of that employer and employee does not have any risk and employer always make huge profits without exposure of any risk. Employee also does not have any risk of losing GC process. So our body shoppers are attractive destination for GC aspirants.

    The companies which follow rules are forced to pay bench or lay off. So both employee and employer are risk of survival. Companies may be under risk of heavy loss when there are too many people are in bench. That means companies which follow rules and regulations are making loss in tough times at the same time Body shops always make money and worst case scenario no loss no gain. Also GC process is uncertain for those who are working in good companies

    This inequality was known by everyone including USCIS. So they are coming up with regulations. Some good apples will also be impacted when there is a rule is formed. There is no surprise of opposition as many Indians fear that it may impact them

    If one filed I-485, isn't employee-employer relationship comes under a questionmark? what if that company is closed ? And if this memo is implemented, most of the GC filing IT Inc. will be shut down sooner and hence will be a big mess..they are the ones who are supporting for their GC.


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  • acecupid
    08-15 10:00 AM
    Collin Powell incident is America's problem. Even after the civil rights movement and equality to Blacks, they are still having discrimination. Just ask Black people in America and how they feel in their daily life.

    So according to you by coming to America we should forget India because you will call us traitor? Have you heard how Jews in America are so strong and care for Israel even after becoming US citizens?

    The fact is Indians are responsible for their own problems and greencard woes. They want to live in this sorry state and blame everyone else around them except themselves. They do not have any pride in their roots and thus flee their own country. They do not come to this country for betterment of their skills, education and experience but because they want to flee the country. There maybe exceptions but this is what I have seen in Indians who are on H1B or who have become US Citizens.

    The TSA security rules apply the same way to everyone. Why is that so difficult for you to understand ? There was sarcasm in me calling you a traitor. I guess you didnt get that. I never said there is no racism or discrimination in US. Ofcourse there is, look at the crazy people at the healthcare townhall meetings calling the president a Nazi and what not. But do you see any kind of racism or discrimination for security ? Most of the people of the terror list are muslims and I do agree there is a bit of racial profiling as well but that is for good reason. I would rather be safe than be blown away by some psycho terrorist.

    What makes you say H1Bs from India are fleeing to come here ? They come here because America needs them and the US DOL certifies there skills as much needed in the US. Btw, why is your profile information empty ?

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  • shree772000
    09-04 01:38 PM
    May he rest in peace...


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  • Macaca
    06-28 07:51 PM
    I am analyzing for EB-2 (India). The current date for EB-2 India was Apr 1 2004 for month of June.

    Retrogression started Oct 1 2005. Before Oct 1 2005, persons with PD < Oct 1 2005 (remember PERM) could have submitted I-485. Some (not all remember namecheck) of these would be ready for adj June 1st 2007. These applicants can be divided into 2 categories: those with PD <= Apr 1 2004 and those with PD > Apr 1 2004.

    Applicants in first category will get GC in June and applicants in 2nd category will get GC in Jul. These applicants can exhaust 2007 quota.

    USCIS is taking 3 weeks for notification of 485's submiited in June. I would be very surprised if they process a June submission in < 3 months. So chances of June applicant using GC number are low.

    USCIS knew # applicants in above 2 categories: this appears trivial. If these applicants exhaust 2007 quota, USCIS knew that quota will get exhausted in Jul. The date can be of their choosing since the work involved must be pretty low.

    A similar analysis can be done for any other category. Correct me if my dates are wrong.

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  • chanduv23
    06-27 07:29 AM
    It doesnt say anywhere that they can change PDs in the middle of the month. What they are saying is that based on data collected from the "total number of files at point of approval" they can change PDs. But it doesnt say that they can change PDs in the middle of the month.

    If anyone has a URL or source of information that shows the USCIS stopped accepting petitions in the middle of the month even when the dates were current, PLEASE POST THE URL OR SOURCE.

    Otherwise this is bogus information coming out of certain law firms.

    And this community is so scared that they have started seeing what they believe rather than believing what they see. The cynicism and psychosis has reached such alarming levels that people are seeing things even in Ombudsman report that dont exist.

    :D :D :D :D The most successful people in the world are cynics.
    People who initiate this kind of news - have been popular Attorneys. No idea why they do it - maybe to get more people to file and more money etc...


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  • walking_dude
    12-14 04:45 PM
    I find it abominable that there are still some humans(?) left in this century who want special benefits based on their race and country-of-origin in this 21st century !

    It's time people were measured on merit instead of he is Indian, Chinese or some other nationality. Eliminating country quotas is part of IV strategy on the homepage. If someone has issues with it, well you are working against IV strategy !

    Stop dividing people based on ethnicity - Indians, Chinese and others. Every one deserves equal opportunity, not based on their country, race or color (all abominable ideas to me) , but purely on merit.

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  • pappu
    01-28 08:28 AM
    I did not understand the meaning of this add. Please explain. Thanks!
    Such companies sell pre-approved labor certificates for several thousand dollars (I have heard 20K) and use it as a means to lure employees. Their LCs have very early priority dates and H1Bs are tempted to apply for such jobs. By mentioning LCs in their ads, they are also calling H1Bs to apply rather than being an equal opportunity employer for all people (including US citizens). All this gives a bad name for H1Bs and the greencard process. Anti immigrants use it against us in their campaign.


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  • vikki76
    01-15 04:57 PM
    I agree Teddykoochu.

    Think what will happen if they woke up one fine morning and start another new interpretation of an existing law and then later they start doing it retroactively; just imagine the cascading effect.

    It does not matter which side of the ship is taking fire. It seems to me that people on the left side of the boat are happy that the firing is only on the right side, forgetting it is the ship as a whole which is taking fire.

    This only reminds me of the famous poem by Martin Niem�ller which goes like this.

    "First they came for the communists, and I did not speak out�because I was not a communist;
    Then they came for the trade unionists, and I did not speak out�because I was not a trade unionist;
    Then they came for the Jews, and I did not speak out�because I was not a Jew;
    Then they came for me�and there was no one left to speak out."

    To get the gravity of the situation, substitute it with which ever suits you ! EAD/consulting H1/direct H1/AOS pending/485 not filed/EB3/2/1....etc etc.. Behind all these fancy terms, numbers and notations there are people, children and families who are going thru difficult situations.

    Well said.
    African americans were never allowed to vote directly. There was no law which said that african american can't vote (AFAIK) but there was a small addendum, only those people can vote whose grandfathers had also voted or something similar. Since african americans came only 50 yrs ago,there was no way they could have fulfilled that grandfather requirement.
    These changes in H-1 are similar.

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  • lazycis
    02-13 08:46 AM
    Does any one on this forum happen to know an approximate dollar amount that would cost for if we (IV team) is planning to proceed further with this class action law suite on USCIS?? the reason I am asking for is if we have known dollar amount/target amount in hand it makes it easy for all to start contributing towards this target amount and proceed further with law suite.

    I am sure someone on IV team would create a separate bucket for this specific class action law suite task and keep track of amount that's been collected...

    Yes, I totally support this class action suite and also willing to support as mush as I can financially....

    I think the good start is to consult with Rajiv Khanna. He has an experience in class-actions/federal litigation and will tell whether it is feasible to go this way. It will cost $600 (approximately). To file a class-action complaint will cost around $10k. The rest depends on the lenght of the proceedings, but my estimate is another 20-30k. Peanuts comparing to lobbying :) IV may not want to go this way, as Mark Bartosik once explained, it may hurt its other efforts. If that's the case, potential plaintiffs can work with lawyers directly.

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  • gopinathan
    07-28 12:51 PM
    I see all the people in these forms who are highly educated but prejudiced about an opportunity because of bad practices by some narrow-minded people. the very word "amway" is frowned upon..

    This is what I learned from my experience (the last confrontation/discussion I had with my up-line before quitting). in case of Indians coming to study/work in USA, we did as we are told. we aced the exams, worked hard to get a job and our parents back home are proud. we achieved something in our lives and if a strangers walks by and slaps his pitch saying I am living a lie - that's a nasty pill to swallow. how in the world can someone expect an outsider tell him he is a loser and this business is his ticket to happiness ?? and everything these strangers in the malls do to prove it (like talking about retiring at 40, making millions while driving in $2K cars, having diamonds show their checks) its all making matters worse. that is not how you build credibility with a stranger.

    everyone likes financial freedom but you will never get someone to agree to that and accept for help unless you are his close friend or an associate. no one will open-up with his real worries to someone who just showed up with a smiles. how stupid is it to ask someone you come across in WM about his dreams vacation or retirement plans and have the guts to say have a vehicle to fulfill his dreams !

    .. a person has to be ready mentally to be approached for any business and if they are not ready then the same conversation which they might find helpful at the time when he is mentally ready would look like as a harassment when they are not mentally ready.
    And i believe these all practices of theirs is whats turning people off.

    07-21 08:28 PM
    Dear Attorney,

    I am from India and working as a Software Programmer / Analyst in a decent company and I am using AC21 with this company...and my Green Card journey started September 2002.

    Labor applied (EB3) - September 2002
    Labor approved - July 2003
    I-140 / I-485 applied - December 2003
    I_140 approved - August 2004 after responding to an RFE
    Two times finger prints done and name check is done.
    RFE about sons birth certificate -- responded last year.

    But still the way things are going with Visa numbers and seems no light at the end of the tunnel. I am decided to change EB3 to EB2.

    What would you suggest?

    Where can I find the process for this switch (EB3 to EB2) ??

    Is there any benefit switching from AOS to Consular Process?

    Thanks and appreciate your response.

    The process of switching from EB3 to EB2 also takes some time and expense. Please do consult your attorney and weigh in all pros and cons very carefully. In case you require assistance please contact me.

    04-04 11:51 PM
    I'm a computer guy. I just hear what is in the news. = )

    hello bobzibub,

    great to see someone welcoming immigrants. My wife is a dentist, licensed in one state of the USA. However she does not have a US DDS. She was licensed by the state as she has great experience and she passed all the tests needed. She has been very well practising dentistry for almost 2.5-3 years now in the US. However, Canada does not let internationally trained dentists get licensed without going to Canadian/American dental school. If you know of any place in CA which would license my wife as she has more than 7 years of exp (4+in India, alomst 3 in USA) and had passed all exams (Board, licensing etc etc), please let me know. That is the single most imp reason for me to still hang im here.