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  • dilipcr
    06-16 03:41 PM
    Nice well thought out arguments. This is the essence of a healthy debate.

    Dilip -

    Could you please respond to questions raised in my post, when you get a chance?


    I would like to add one more thing here - Employment based immigration is not merit based, it is driven by employer-employment unless you self-petition in Eb1/Eb2.

    For the most part it is if it were left to market forces. Employers, rationally, would only want as much as talent for the price they pay. Most importantly, employers would be willing to go the extra mile to sponsor green cards only if they perceive that the immigrant employee would add value both in the present and the future. Now again, when I say employers, I mean the genuine employers and not the fly by night consulting body shops or the outsourcing companies. I strongly believe that EB based GC for a very large part is built on merit. You may see sme cases wherein some ordinary people getting green cards. They, in my opinion , are mostly from these body shops who got "lucky". Cant believe I am using that word !!!.

    You may be very much qualified, if there is no employer who is ready to sponsor your green card, you are out of luck, so please do not put argument that only best and qualified people get GC.

    Employers will be restricted in applying for GC for very qualified employees only in the period of recession. This happened with companies like CSCO etc in2001. wherein many of my friends left the company because cisco was barred from applying for GC after mass layoffs. But then after a year or so they started applying again. If you are referring to such scenarios, I would recommend patience because the immigrant per se is extremely well talented.

    I don't think it matters, but I am from college based in Kharagpur WB.

    In my opinion it does not. But be careful in this forum though. People may view your statement as egotistic.
    Have a good day!




    Where did you get that 80k number? You think 80k is good salary for that job, someone else may say 65k, I may say 90k. The salary, among other things, is determined by market forces. If you can't find enough people with xyz then company will be forced to offer more.

    As long as there are people who are ready to work on salary 52k (example), employer will not pay 70k. As long as employer is following all the legal requirements, no one can dictate salary for the job.

    I agree that the employer will pay the salary that is cosummate with the market. No well meaning employer will undercut to save a few pennies at the risk of losing out on quality.
    What if the market pay scales are distorted through pervasive fraud ? If you look at it from an employer's view, it gets murkier. Believe it or not, low cost always signal lower quality. Trust me this is marketing 101. Google low cost and the perceptive signals. It is truly tough for the employer to trust the low cost employee's skillset.

    Now the distortion comes into play when outsourcing companies flout rules and undercut the market through pervasive fraud. Like other industries such as manufacturing/agriculture etc, IT wages are destined to decline but not at this rate. The acceleration in the decline of wages is perpetuated by these scum outsourcing companies. If the decline in wages were let to decline at the speed of market, then it gives talented people time to upgrade skills or move to other industries without having to sacrifice quality of living. So per your argument, yes the end employer is following the rules by employing people from the outsourcing company because the employer does not know or looks the other way of the outsourcing company commiting pervasive fraud. Oh BTW that 80K number was just to highlight that the L1s should be paid high too. It was not based on any scientific or statistical evidence.


    I am a US citizen of Indian origin with background in Computer Science, Finance, and Business Laws. I have been in this country for 11+ years and I have seen so many changes in tech world. Nobody talks of sign-on bonus on H1B anymore. I am dot net architect and I am seeing lot of competition for jobs and this is causing downtrend pressure on salary. But, instead of, blaming someone else for the competition, I am taking it head on. We need to keep working on our skillset and employer will pay the salary. Like they say, for the right candidate salary is not a constraint.

    I agree with you on the above points. You are doing the right thing in not blaming others for the downtrend in salaries. However, you are fundamentally assuming that you would have enough time to upgrade and adapt. What if that assumption falls apart ? What if outsourcign companies hit your employer with people with your skillsets at abysmal prices through fraud ? Today many companies do not look into the long term but make short term decisions. They may prefer the loss in quality for the "immediate" cost savings. It may take time for them to realize their follies. In trading, they say that a trader needs to have enough juice to survive the market irrationality. In a similar vein, if you have the wherewithal to survive the employer's short term irrational decisions, then more power to you.

    Let us not forget our struggling days of H1. The least, we can do, is to encourage our fellow immigrants who are waiting for their green cards.

    That is exactly the reason I am here. I want to encourage the truly deserving. I dont know who the truly deserving are on this board. But they know themselves. My encouragement is for them is to ensure that they dont get bogged psychologically despite being immensely talented.

    .





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  • kaisersose
    02-13 01:20 PM
    WDude, Googler, I am not against removing per country limits. But we need to have a cool head, think straight, objective and use facts. I just think it will be next to impossible to change the INA to remove those quotas so it's better to concentrate efforts on 1) visa recapture; 2) EB quota increase. Visas were lost mostly because of NC issue.

    I think visa recapture is the most likely bet. There is really no reason why anyone would think twice about it.

    EB Quota increase is next to impossible. The word "increase" will have many people tune out which will also affect any bundled propositions. One way to avoid this problem is to avoid using the word "increase"; by asking to not count family numbers in the EB quota or to count them in the FB quota. That will result in a huge increase in EB Quota without directly calling it quota increase.

    The other provision of allowing 485 applications without current PDs is a bad idea in my opinion. Anyone who enters the country will be eligible for AC21 in 8 months which is about 80% of a GC. Such a provision will result in huge abuse like the L visa and/or Labor substitution.





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  • boreal
    07-30 06:14 PM
    Travind I am not close to the family anymore I made the dude so uncomfortable he stopped calling me. Here are some avoidance techniques, but you need to be ballsy to pull them of and never exceed the limits of decency and you must have a sense of timing and humor to do these. I have used these techniques myself for avoidance
    1) Stare at his wife or sister and constantly compliment their looks, cooking, chai etc
    2) Make lots of sticky notes with their quotes in the meetings and stick it on their walls
    3)Break your pencil or pen at the meeting and loudly say cuss words like "shit that is good"
    4) Itch nervously when they approach you in any location they will leave you thinking you have some skin disease.
    5) Cough without closing your mouth directly in front of their face
    6) Wear ghetto clothes when you go to the usual locations they avoid you like the plague (sorry guys who wear kurta with jeans and leather chappals you are the most obvious target)
    7) Borrow cd's, dvd's etc and never return them or their calls they are bound to be nice since even in the worst case they are still trying to sell to you.

    There are more things to do but i'm guessing some other people will post their experiences , just one word of caution do not extend your torture because these people are human beings who have been proselytized by their diamonds etc that they dont realize and don't worry they will not learn from you.

    Stop this you idiot!! And everyone else, please stop this as well. Dont you have any limits? Any iota of decency left in you? Yeah this thread started out as a good humor/info thread but now it has degenerated to such an extent - oh my God - and ppl supporting this guy are all supposed to be highly educated?

    No, i am not amway, hate them with the same passion - but I know how to ignore them - and also I know how to be decent and HUMAN!

    If someone wants to say that they are kidding by supporting this guy, then let me tell you something. This is NOT funny!





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  • saileshdude
    05-31 02:26 PM
    It is very likely that these pre-adjudicated cases may be revisited for further processing in future for cases with more recent priority dates. This is just my opinion based on the fact of the predicted slow movement of EB-I priority dates in coming months and next fiscal year. Since so many AOS applicant have been pre-adjudicated , EVL RFE may be issued in future for cases who are pre-adjudicated now but their PD will only become current after 2, 3 or 4 years. This may be to verify that the applicant still has job offer at that time when visa becomes available. So I guess pre-adjudicating application, does it really make sense for later PDs? Any comments on this by other members?



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  • illusions
    05-11 04:34 PM
    Kodi,

    From the bottom of your heart can you tell the forum that there was no discrimination against Tamils in Sri Lanka after its independence from Great Britain.

    venetian, you could say that the Tamils in SL were just as a much discriminated in SL as the Muslims in India.

    There is no such Genocide happening in SL as some claim. As a matter of fact the LTTE ethnically cleansed the Muslims from the NE of the country in the 90's, yet the Muslims in SL didn't bare arms against the LTTE.

    Mind you the civil war in SL is against the LTTE, not the Tamils.





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  • ujjwal_p
    05-11 09:07 PM
    For me it is personal, my kith and kin are getting killed (talking about innocent civilians and not the LTTE) in Sri Lanka and India is actively supporting the Govt of Sri Lanka with weapons and other things,

    Get your facts right first. India is not actively supporting Sri Lanka. It would be suicidal for India (especially considering nutcases like you that exist) to even think of that again. Sri Lanka is using Israeli UAV's and Chinese fighter aircraft and artillery to fight the LTTE. In fact, India is at a strategic disadvantage now because we choose not to help Sri Lanka militarily. And in fact, Sri Lanka has always suspected India of supporting the LTTE. Read about the "string of pearls" geopolitical strategy of China before letting your emotions run crazy.



    India can leverage its power to stop Sri Lanka to fight until Tamil civilians are cleared from the war zone but deliberately India is not doing that.


    India rightfully doesn't care about the LTTE. LTTE is a terrorist organization. Period. They killed a former Prime Minister and it doesn't matter if you support the Congress party or the BJP. This is beyond politics and concerns the nation. The primary humanitarian issue in the conflict so far has been with Mullattivu. As soon as that stage started, Shiv Shankar Menon, the Indian Foreign Secretary went and conveyed India's concerns to the President and other higher officials in Colombo. You tell me what India should do. Should we send the IPKF again maybe? Let's get realistic.


    I abide by the constitution of India but at the same time I cannot be silent when the country leadership is pursuing a wrong policy, that I wouldn't have protested if India never involved in the issue ever but India used to be actively involved in the issue and has stake in it.

    Fine, I don't agree with my government all the time. But I don't say I'm ashamed of my country like you did. In this situation, India does not have any control unless we want to go to war with Lanka. And the LTTE is a terrorist organization declared by the USA. So now genius you tell me,what should we have done.


    In my case, I came here to study and got an opportunity to work and decided that US is the best place for my career and applied for GC, eventually I might apply for citizenship but with this issue I have another strong reason to pursue my GC.

    Awesome. Good for you. India won't miss you either. And I can tell you right now, you are the kind of a person who will not have any loyalties anywhere but to a very small narrow race or culture. You do not understand the definition of a pluarlistic democracy and will never assimilate anywhere. The day the US says something about the Lankan conflict or any other conflict which you disagree with you'll bolt to Canada. I guarantee that. It doesn't matter to me what you do but don't go around misleading people here by casting aspersions on what India or for that matter any country can do in a complex geopolitical situation. You don't know half of it and you better grow up and admit it.


    Just for argument sake, If one believes that their country of birth is pursuing a wrong policy, they can choose to move to a different country rather than living there and blaming it at every opportunity . What is wrong with it?

    History is full of so many examples


    Jews from Nazi Germany
    Oppressed from communist soviet union
    Cubans from Fidel Castro regime
    Sikhs from India
    and so on and so forth


    If you or some one is curious, just to introduce me. I'm member of IV from Feb 2006, I participated in all the IV initiatives, besides check my entire forum history to see any where i had showed dissent towards India or for that matter any thing desperate except for free riders in the forum. This is issue is personal to me and I have strong opinion on this.



    FYI, I am not Tamilian but I have lived in Tamil Nadu for more than 10 years and can speak it fluently. Needless to say, I have a lot of Tamilian friends and know the culture. I understand the suffering that the Sri Lankan tamils are going through, especially in the Mullattivu region. But we have to understand this is a war which has been going on for decades now. What do you expect to happen in a war? Rave parties?

    Anyway hopefully, this will mark the end of the sufferring of both Sri Lankan Tamils and Sinhalese from now on. Both sides in that country have gone through enough already.

    Also I give a rats a** how long you've been in IV. It's your attitude and narrow minded selfishness which tell the whole story for everybody to see.



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  • _TrueFacts
    09-04 10:57 AM
    Mr. or Mrs, so called "TrueFacts", you must be ashamed of your own thoughts. On seeing this thread, you created a fake account and became a keyboard warrior. Why? What is your other avatar? Are you suffering from multiple personality syndrome?
    ....

    RajSenthil,

    Picking on me will not change the fact that YSR was a corrupt, factionist gunda, land grabber who has killed numerous people. If you have a point against that, say so.

    I am providing links to that reason.

    Why any one (pseudo or not) should have sympathy for the dead? Do you have sympathy for Saddam, Hitler? Facts are facts. YSR�s death has contributed to this discussion. It does not matter what my ID is, where I am and if I am Mr or Mrs.





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  • paskal
    12-13 11:13 AM
    employment base makes up only about 11% of all immigration
    the country would not be "colonized" by choosing people for this category on merit alone. as for 90%- this is too is frankly a wave in my view, all things change, for now many Indian techs want to come and they have jobs available, tomorrow one or both of those things may not be true. But none that justifies treating people differently because of where they are born.

    this is entirely my personal opinion: if extended families (like adult siblings and their entire families) were excluded from FB, country quotas would lose some of their "need" and FB would not have to be the overwhelming majority of immigration numbers.

    How about I ask you why the "diversity" is not needed in other things. how about a quota for religion? profession? color of skin...? all those can be diversity issue. What if I said not more than 7% STEM graduates? I'm sure the Programmers Guild would agree. If you don't like those ideas, why country of birth?

    The fact remains though that EB is a skill based category. If I or you(?) join a company with identical (or better) credentials as someone from Congo/Sweden/Belize (whatever), they would have an EB2 GC in 1-2 years, we would sit for 10 and stew under multiple career holds and restrictions. Since no body from India would ever get the EB2 GC quickly, an entire subset of immigrants (based on country of birth) are ALWAYS held behind. You are presuming that somehow this benefits the US. Get skilled immigrants- but don't let a whole bunch of them rise to their levels of ability because they were born wrong. I am at a disadvantage because other people from my country applied for a GC. But when my employer takes me on, he does not care where I was born. My skillset has nothing to do with it. Why is my application (which is based on that employer and my skillset) hostage to something that is not even in the equation? This country is about individual freedom. I am here and an applicant for GC as an individual. What do I have to do with others who apply?

    Fair? You decide.



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  • Lasantha
    12-14 04:17 PM
    I hear you!

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





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  • tikka
    07-03 09:52 PM
    I don't know about it. Anyone with details should post summary.

    I think it is not relevent for EAD/AP but we can use it when we need it


    we have posted in on the other thread.. will get back to you once there is more information

    thank you



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  • leoindiano
    07-17 09:35 AM
    Dear Attorney,

    I had 2 I-140's for same job, same employer. Both approved. When lawyer sent I-485 package they sent the receipt of I-140 which had earlier PD, Which is what i wanted. I saw an LUD on other I-140 on 11/27/2007 almost after a year it was approved. Is that a matter of worry?

    On I-485 receipt, Priority Date field is blank. How can i confirm that they got the correct I-140 attached to my I-140?

    Thank You





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  • vdesi
    01-05 02:05 PM
    According to this all H1B's who want to buy a house ? can invest $40,000 should be given a GC out of turn.... Wow!
    What about people waiting in line patiently for five plus years, (labor, I140 and I485)?
    The line for those waiting patiently will not decrease, only people on bench for months willing to get GC at any cost will benefit.



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  • u.misc
    01-13 03:01 PM
    Bummer.





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  • user1205
    02-12 02:54 PM
    Also keep in mind all the people with old PDs that filed 140 and 485 at the same time and are now stuck in the 140 mess. As soon as that starts clearing out there will be a lot more demand for GC. I'm afraid we'll have to wait for some more time before it moves forward.



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  • waitingmygc
    01-14 02:30 PM
    By remembering July, 2007 fiasco, I see an opportunity to build a lobby here in favor of legal immigrants (H1B, waiting for GC etc.)which will help all.

    Act now, by mailing and talking to your employer about this memorandum if working with consulting company (doesn�t matter working with direct client or not, has EAD or not, GC priority is close or far) because employer is worst affected, they will of course will engage the attorneys. Attorneys are also affected with memorandum. This will help to build a big lobby here (remember July, 2007 fiasco) . Then, joining of IV members will help in result of BIG BIG BIG lobby.





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  • venky321
    01-13 05:42 PM
    Interesting. I think there would probably be around maybe half a million or so H1Bs currently in the US, probably more , working in the IT industry. Many if not most would work for these consulting companies; ranging from the large one's like Accenture or TCS to the grocery store offices in NJ. All of them have the potential to be affected if this memo is strictly enforced.

    While I would be glad if all the shady consultancy firms that have wrecked the H1B program to be put out of business; there might be serious disruptions in the IT industry if hundreds of thousands of workers are going to be forced out; even if in a phased manner; i.e. letting folks stay till their current visas expire.



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  • sk2006
    08-15 03:43 PM
    Why are you guys talking about human trafficking? In this case SRK was not detained for that. He was detained only for his name match.

    This is an atrocity of one particular officer. TOI article posted by OP says "There were other immigration officers who even vouched for me but this particular officer did not listen to anyone". You have to notice the gap here. SRK was detained for identity check because of his last name. When other officers vouch why he was still detained.

    Thing we should be worried about is, if SRK - who has MPs and other big shots behind him to prove him - needs 2 hours to prove his identity, think about commoners like us. We may get lost without help.

    What did the officer do wrong if the name matched.
    Do you know there is a CNN reporter who is a white guy and his name matched with some name on the security check list and the guy was harassed multiple times on different airports within USA.
    If a known person in USA can get such treatment, SRK IS NOTHING.
    SRK Fans think the is someone special!





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  • santa123
    07-25 06:13 PM
    Dear Attorney,
    I am about to file my I140.
    I am in the US on L1B with company A and my GC is for future employment with Company B.
    The unknown for me is that when my dates become current, I might be in my home country after completing my US assignment or in another assignment in the US itself.

    In this case what is my best option, AOS or CP?
    Can I choose CP now and if I am in the US when my dates are current, switch to AOS quickly and still file my I485?

    Looking forward to your guidance. Thanks a ton!!





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  • _TrueFacts
    09-06 06:49 PM
    Stories of a warlord, factionist and political radical gunda.

    From Kumar Narasimha's blog -

    A born again politician - Part 1 (http://kumarsbol.blogspot.com/2009/09/ysr-19492009-born-again-politician-1.html)
    A born again politician - Part 2 (http://kumarsbol.blogspot.com/2009/09/ysr-1949-2009-born-again-politician-2.html)

    As degree college students in Kadapa those days, we were blissfully ideology free. During election season, YSR's people used to offer willing groups of students with jeeps, and money, provided we take part in the campaign in the villages. I remember going on a couple of those trips. We used to visit a village or two till lunch time, and then some one would organize food in one of the villages.Biriyani and stuff. And in the evenings, liquor would be available. In most of the election booths, there would be hardly any voting. The student volunteers and others used to simply rig the votes. In one of the booths, I suggested that not all votes should be polled for YSR as that could disqualify the voting from that booth.And I polled around 25 votes for the BJP candidate. It was a token gesture towards the center right from my side, I suppose.

    But in these interactions, we used to hear war stories being swapped by some of the muscle men. A large number of these goons-for-hire were dalits, with their ring leaders being Reddys. There was this time when in a road side tea stall, two men claimed to have killed three people each during the communal riots in Hyderabad. Apparently, people were shipped in lorries from Kadapa and few other places to the Old City, and were given a few hours to wreak havoc.





    mchatrvd
    08-17 01:41 PM
    I agree with all of you that this is not worth talking. Instead channelize your efforts in supporting organization to contact lawmakers and make advocacy efforts.





    lazycis
    12-14 01:47 PM
    OK, let's assume the SC invalidates country-based quotas. All EB-based immigration has to stop at that point until new law is written and passed. New law can remove EB immigration altogether or implement quotas in a different way. It's a dicey citation at best. On top of this, you do not realize how hard it is to win constitutional challenge. We are having difficult time convincing judges that the USCIS has a duty to process our applications. The government argues that it does not have to process them if it chooses so and a lot of judges support that position!!!

    Rajiv Khanna made a great effort on behalf of all EB-based applicants but even he could not get class action certification for AOS delays.

    If you are looking for an advice, write or e-mail to AILF or ACLU. No need to spend IV money on this. Do not get me wrong, I am always glad to support new ideas and to challenge government in court, but this one is just not going to fly. EEO is completely different area and there is no conflict between EEO and the INA whatsoever. It's nice to be able to see outside of the box, but from time to time it's good to use conventional wisdom as well.



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