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  • srkamath
    07-23 03:10 PM
    Legal, Thanks again. Also that is where exactly is the contradiction in analysis.

    In my understanding, they must apply any spill over to EB3 too. EB3 gets 28.6% of total quota (Including spill overs). If some one is sure that it is not the case, please correct me.

    If spill over was already applied and if EB3 will not open up again, then EB3 already got its share of spill over and EB2 also used up some part of that spill over, so only part of that spill over is left for the 2 months.

    If spill over is not applied yet, then EB3 should get 28.6% of what ever is spilled over to total EB quota. Hence EB3 should open up again.

    Please note that I am not making this complex. I am only pointing at complexities.

    The 28.6% does not apply to spillovers - it is only for fresh allocations. Spill over goes sideways first until all in an EB category are filled, then spills over to the next EB category where again it spills sideways first.





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  • indio0617
    05-11 10:04 AM
    nozerd:

    I just sent you a PM. Can you check ?





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  • eager_immi
    07-11 02:02 PM
    Nobody is denying US is a better country at this point of time financially. Canada is no comparison. But the issue is do we want to continue living like prisoners in the US or seek opportunity else where? I think if opportunity comes knocking at your door grab it bc US is going throught it's xenophobic phase.

    be ware grass is not always greenr on the other side....in canada i mean...read anad heard a lot of bad experiences in canada

    notcanada.com





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  • logiclife
    01-23 04:32 PM
    http://news.mainetoday.com/updates/008785.html

    NEWARK, N.J. - A business owner from India was sentenced Monday to 20 months in federal prison for helping hundreds of immigrants live and work illegally in New Jersey and elsewhere in the United States.

    Narendra Mandalapa must also forfeit $5.7 million and two luxury cars - deemed to be proceeds of his crimes - and pay a $25,000 fine, under the penalties imposed by U.S. District Judge Dickinson R. Debevoise.

    Mandalapa, 36, was owner and president of Cybersoftec Inc., a business consulting firm based in Edison in 2004 and 2005.
    Cybersoftec also claimed offices in Portland, Maine, and
    in New Hampshire, and obtained more than 150 certifications in the two states for temporary work visas in 2004 and 2005 through the U.S. Department of Labor, the Portland Press Herald reported.

    Cybersoftec, according to Maine Department of Labor records, also filed about 50 labor-certification applications in Maine for green cards, which allow foreigners to live and work in the U.S. indefinitely.

    Mandalapa had pleaded guilty to immigration fraud, admitting that he got up to $22,000 from immigrants to file fraudulent documents. Those included I-140s, which are petitions for an alien worker to become a lawful U.S. resident.

    Mandalapa has been in custody since his arrest Nov. 3, 2005. His lawyer, Bruno Bier, said Mandalapa will get credit for his 14 months of confinement and will spend about six months in prison before he will likely face deportation proceedings.

    None of the indictments on 29 counts of immigration fraud, money laundering and mail fraud related to his applications for green cards were linked to activities in Maine. Mandalapa pleaded guilty to one count as part of a plea bargain.

    Bier said Cybersoftec is no longer in business.

    Our message to Narendra "Nick" Mandalapa : Enjoy prison. Maybe on the inside, you can sell contraband items just like on the outside you sold approved labor certs.

    --------------------------------------

    Like someone said on the news article thread, the only difference between this guy and other desi companies (Desi means "of Indian origin") is that this guy got caught, while hundreds of other companies still sell approved labor certs with earlier priority dates.

    And all this illegal trade is much to the delight of AILA, who is pushing hard to keep labor substitution alive.

    What's in it for AILA? : Additional business of labor substitution. Now, for a few extra pennies, AILA would not hesitate to screw thousands of GC applicants waiting in line and enable the "Cutting in line" that happens due to labor substitution.

    So if you think AILA is a friend of immigrants (legal or illegal), think again. Its a friend of $$$. And there is nothing wrong with that. Everyone pursues self-interest. That is what AILA is doing. But dont misunderstand AILA as a champion of immigrants (legal or illegal). It represents immigration lawyers, not immigrants. On a rare occassion, the interests overlap, and that's good. But on many issues, AILA has a history of being very very employer friendly as far as immigration law is concerned, even if it comes at the cost of employees(immigrants).



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  • hopefulgc
    02-14 03:12 PM
    I don;t have the necessary permissions to modify the poll. I have made a note of this so that moderators can ad it in.

    Sorry.. i am just going through very busy days at work.
    I am trying .. please don't hate me :)


    hopefulgc - also make the commitments clear! Its not just sufficient to support ( as in moral support) the cause. Its important to participate in it.

    I think someone should change the Poll question to -

    Q) Do you commit to participate in a class action lawsuit against USCIS?

    1) Yes. I am willing to commit $500
    2) Yes. I'm willing to be a plaintiff ( full name and full contact info required)
    3) Yes. I'm willing to commit $500 and become a plaintiff as well
    4) No. I don't think it will work

    It will make it clear to everyone voting 'Yes' what's expected of them.





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  • life99f
    06-28 12:42 PM
    Good idea. But I am going to TSC.

    This is what I'm doing. I'm flying to Nebraska service center friday night. Will put my shelter in front on PO box and will remain there until Monday morning. Once the USCIS guy comes up to pick up the mails, I'm just going to hand deliver my paper before he even opens his mail box.

    Want to join me ;)



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  • nixstor
    07-03 04:14 PM
    Wrote to Jennifer Ludden at NPR who regularly reports on immigration
    email addresses are first name initial followed by lastname at npr dot org, if you would like to write





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  • ita
    03-30 02:56 PM
    For all we know we may not be casting our vote but it is very important to know what is going on around us and this discussion is like a reality check though I agree immigration forum may not be the right place for this discussion.

    Coming back to MMS,Advani-going by the qualities you attributed to these guys MMS is like that exquisite diamond that will always sit inside the locked case who can only tantalize people but cannot make anyone happy(since Sonia and Co will never let his policies/Intelligence reach common man.)
    LK may not be that exquisite a diamond but he is not caged .I don't think he's a dunghill either.
    The most of the guys posting in this thread is not going to vote. Even I think, we all do not have our names in electoral list. There is no sense in arguing who is best or who should be next PM, sitting in US. Furthermore, most of the educated, urban voters will never go to polling booth in hot summer to stand in line to do their duty as a citizen.. Indian�s election of their representatives is fundamentally a show of money and muscle power. Election in India is just a business. It is just investment of money by political parties with the help of capitalists and their lobbyist to get the vote from rural, uneducated, divided voters across the nation. All parties are corruptive, communal, divisive, plays vote bank politics. No exceptions! (whether it is Congress, BJP, communists, BSP, SP, and countless regional parties). One thing I can say or compare about Congress and BJP. Congress is the only party has responsible for bringing both good (economy, growth, education,) and bad (corruption and countless other) thing to India. BJP has not done any good thing to India sofar, only it brought bad things to India (divisive, corruption).

    My input regarding comparison of Manmohan and Advani.

    Manmohan.

    Though, he is not a full time politician, and not a good crowd pulling speaker, he has strong record. He has quietly achieved lot as a RBI governor; FM and PM. US nuclear agreement is a big achievement in his career, despite he had a minority government with the strong left opposition. He does not have long term independent vision, and strong leadership skills. He was widely accepted by all part of the country, as he has no controversial issues.

    Advani,

    He is a good speaker, crowd puller. He is a typical Indian politician. He has leadership skills. He does not have any significant record/achievement to back his claim for PM (either as a ex-minister or politician). For example, he has not done anything to improve the national security when he was a union home minister. He has involved in controversial issue like Babri Majit, and Ram temple issue. He also does not have long term vision, ideas on economy, poverty elimination etc..



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  • snathan
    01-22 04:06 PM
    No need to regret. There are plenty of opportunities in India for right people. Salary is on par with USA.

    Then please pack your bags and leave the country in the next flight.





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  • mheggade
    07-22 12:18 PM
    Vdlrao

    Appreciate your thoughtful and encouraging posts. Continuing with Ron Gotcher's line of reasoning:

    "It is worth mentioning that the CIS has never adjudicated more than 85,000 EB AOS cases in a single fiscal year - though this year it is possible they may process as many as 110,000 if they go all out. Keep this fact, together with the size of the backlog, in mind when trying to estimate how long it will take them to get to your case when your priority date becomes current."

    How do you reconcile USCIS productivity with the number of visas that are available? In other words, although there may be sufficient numbers available to move the priority dates forward in the next fiscal year, USCIS can only adjudicate a limited number of cases per year.

    Till now USCIS used to hide behind Name Check as stumbling block and reason for the low number of EB 485's approvel. But now it is not an issue.

    They will be in great pressure to go all out and do the job, just like they did during July fiasco when they approved 60,000 I485's in one month.



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  • _TrueFacts
    09-04 03:26 PM
    apt29,

    It is a countries effective system that drives people and in turn it is, it's people drive that the Country back to modernization.

    What comes in is what goes back.

    And in India. We don't have a system...except for reservations. and people like YSR use it their fullest advantage.





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  • softcrowd
    05-29 10:31 AM
    So, based on this prediction - Eb2 may not even cross year 2004 by end of FY2010 quota...Is my understanding correct?



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  • paskal
    02-13 08:33 PM
    I don't think there is much I disagree with you. You are right about most things. Especiallly, that it is not an exact science. A lot depends upon how many applicants there are, and how many numbers are increased, and how much the country limits are increased by.

    I also don't think that the country limits will go away totally. They will probably just increase them. But you never know. Espeically, because at some point, they will go to the point system, and then who knows whats going to happen to us.

    Also, its not that I am concerned about what is GOOD JUST FOR ME. (BTW, its not just me, its about a third of IV) I am more worried about what is bad for me.


    i think it's pretty clear that increasing GC numbers is the first priority for iv. removing country limits would be a thin band aid of sorts if the GC numbers do not change. GC numbers have to increase, the rest comes after that.

    hence in my view this argument is moot.
    we need to come together and work on this, otherwise we all fail.





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  • johnmcdonald98
    04-23 01:48 PM
    I work for this company and I moved to the different state. Now my company has approved labor from the state I was before in with similar job as mine with similar degree as mine. What do you guys say, should I go for substitution? Lawyer says that even though I am in a different state, he can apply for this, but if it takes more than 6 months, he will file state change and I will be ok. Worst case is, I have to move, but only when its approved. What do you guys say, should I go for it?



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  • Picasa
    07-27 03:58 PM
    Did he run away with tail between his legs.
    Kishmunn .... you take the bull by the horns.





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  • Legal_Guy_HiTech_Slave
    09-22 06:11 PM
    Hello Friends,

    I am going through a wierd situation with my GC process. Not that the EB3 PD is retrogressed but a different one. Silly it sounds. Please help me in making a right decision. Thank you in advance for your suggestions.

    EB3 category.
    PD : April 15,2003.
    Labor: approved.
    I-140: approved.
    I-485: Only registered the application,FP done. Not applied for EAD,AP and others as I was not married at the "All gates open time in 2007"

    My Wierd Situation / Issue: I was not married at the time when all categories were current in Jul/Aug 2007 and so I had only applied for myself for the application to register for 485 process (Main application), submitted my medicals, Submitted my DOB certificates and completed the 485 adjustment of status registration. I got married at the end of 2007 and got my all Finger Prints completed in December 2007. Now my wife is here on H4 and dont know if I should keep continue my 485 just to keep the file active or wait untill my PD is current (NO HOPES may be in my next life as it is EB3) and apply along with my wife. PLEASE help me with your valuable suggestions. I just want to be safe because I have been working here for 10 years on H1B visa and tired of this immigration rules and litigations.



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  • Openarms
    07-17 10:12 AM
    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.





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  • pmat
    06-12 09:30 AM
    2nd best engineering college in Rajasthan? There were 25 states in India , now including IITs, & NITs and BITS, that would make it, atleast 30 colleges in India which are better than yours. And here we are just talking of engineering colleges. Not even mentioned about medical or others. So yours would be like probably 50th best college in India. That is certainly not the best and brightest. I am from top 10 engineering colleges of India at the time.

    My brother is a gold medalist in CS from India's top NIT and has done MS here from top 10 universities. My wife has also done MS from here (top 20 school) with a good GPA.

    So give up ur GC now for recapture and go back! The better and brighter are waiting for it behind you.

    What do you mean by not being a public burden? You will still eat up a job , that can be retained for India's best and brightest, in case you do return due to economy or healthcare factors here.

    Dude... he is talking about the second best engineering college in India that is located in Rajasthan.. aka - BITS Pilani (my guess).





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  • jhaalaa
    01-13 01:21 PM
    Long 19 page memo - but loud and clear for many scenarios -
    http://www.uscis.gov/USCIS/Laws/Memoranda/2010/H1B%20Employer-Employee%20Memo010810.pdf

    USCIS posts Q & A:
    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=3d015869c9326210VgnVCM100000082ca60aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD


    This memo is an eye opener especially for folks on consulting company assignments and those who are self-sponsored or who want to do their own business. Finding a new H1 sponsor would be extremely difficult as well (AC21 folks beware).

    Now getting a new H1 or a transfer or a renewal, may be subject to very stringent scrutiny.

    This memo has the potential to throw a lot of small boutique Consulting companies out of business and along with it many of their employees - whether they use H1 or not.

    Wish the best for all affected folks.
    Pray and hope the GC dream is realized faster for all.

    Best Wishes





    prem_goel
    05-29 03:45 PM
    http://www.complaintsboard.com/complaints/cognizant-technology-solutions-private-limited-c17075.html
    i agree. to add the worst, if anyone jump to cognizant from other big companies like wipro, infy etc they designate you in management level may be 5 years + exp after graduation who is unfit for management lack of very basic communication skills, half knowledged tech skill etc etc etc. Moreover people jump to cognizant for onsite to USA and eventually settle in USA. For the reason being cognizant bring the people on L visa and do EB1C quick green card processing for management. while they file perm they fabricate the responsiblities to suit the EB1c requirement.
    At the same time the person who stayed longer and longer with cognizant won't get promoted that easily to management.

    one more thing i like to add here, cognizant makes the world feel it is a american company but the truth Cognizant technologies is 100% indian (desi) company like other companies like infy, wipro, tcs.

    23 days ago by cts 0 Votes
    how do we bring this to uscis attention about L1A fraud and cognizent employees applying in eb1 catagory by producing fake doc...

    http://www.foreignlaborcert.doleta.gov/pdf/fraud_faqs_07-13-07.pdf


    Specifically this provision applies to Cognizant

    Willful provision or assistance in the provision of false or inaccurate information for an application for labor certification;





    logiclife
    06-28 08:14 PM
    Read this memo:

    http://bibdaily.com/pdfs/6-21-07%20AILA%20memo%20to%20Atyes%20&%20Neufeld.pdf

    USCIS has indeed broken the law by doing what it did this month.

    Like I said on the other thread. AILA's latest memo proves the USCIS violated regulations by rejecting EB3-other 485 petitions in the middle of the month even though those petitions were current in June.

    And like I said, USCIS is now acting like an undocumented immigrant violating laws and regulations. And we just finished an 18 month debate in the senate about the law abiding issues of immigrants.