alisa
07-04 10:57 AM
I am sick and tired of cookie cutter responses from lawmakers staff. They have a standard template, that starts off with how concerned they are that the immigration system is broken, and their concern for American companies and workers and H-1b.
Enough of that freaking rubbish....
Lets send them letters, and specifically ask them
a) Do you condemn USCIS/DOS behavior, or do you commend it?
b) Do you sympathise with the plight of the employment based greencard applicants or not?
Finally, say that their response will be posted on online public forums so that it can be shared with other employment based greencard applicants.
Enough of that freaking rubbish....
Lets send them letters, and specifically ask them
a) Do you condemn USCIS/DOS behavior, or do you commend it?
b) Do you sympathise with the plight of the employment based greencard applicants or not?
Finally, say that their response will be posted on online public forums so that it can be shared with other employment based greencard applicants.
wallpaper in “To Catch a Thief”
mihird
05-10 05:06 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.
....
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.
You are missing a point here though...having gone through the Canadian point system myself back in the late 90s, the Canadian point system gives you added points for having current employment in your intended occupation.
When you don't have employment, you lose those points, and have to rely on other aspects of your profile to compensate for that..it is another story that their point system is lax enough to qualify most MS and PhD people even when they don't have current employment.
Ph.Ds driving cabs in Canada is the same as immigrant doctors working as nurses or lab technicians in the US.
I will disagree with you. Employer sponsored path to permenant residency is certainly not the best. Firstly, if the average time to process an application is 5-7 years, expecting a person to shackled in the same job for that long is absurd...and for that matter, that job remaining steady and available for that long is equally an absurb assumption..
There may be unemployed Ph Ds is Canada but they are no different from the thousands of underemployed H1-B immigrants in the US, not being able to make career moves because of the employer sponsored petitiions..
My .02 cents..
....
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.
You are missing a point here though...having gone through the Canadian point system myself back in the late 90s, the Canadian point system gives you added points for having current employment in your intended occupation.
When you don't have employment, you lose those points, and have to rely on other aspects of your profile to compensate for that..it is another story that their point system is lax enough to qualify most MS and PhD people even when they don't have current employment.
Ph.Ds driving cabs in Canada is the same as immigrant doctors working as nurses or lab technicians in the US.
I will disagree with you. Employer sponsored path to permenant residency is certainly not the best. Firstly, if the average time to process an application is 5-7 years, expecting a person to shackled in the same job for that long is absurd...and for that matter, that job remaining steady and available for that long is equally an absurb assumption..
There may be unemployed Ph Ds is Canada but they are no different from the thousands of underemployed H1-B immigrants in the US, not being able to make career moves because of the employer sponsored petitiions..
My .02 cents..
pmat
05-09 03:46 PM
Thanks for your answers, dan19. I have started the process by requesting FBI police clearances... I hope that I will get Canadian PR by end of next year if I apply by June 07.
I have decided to enroll in a full-time MBA program by Fall 2009... In US, it is tedious if I don't get a GC. Even if I change to F1 status, getting H1 after that will be an uphill battle. Univ of Toronto seems to be a better option in this scenario.
Dont worry, just foolow intructions on cic.ga.ca and you will be fine.
If you miss any document, they will send all ur paperwork back. If they accept it they will send a letter with a Tracking/case number.
Its much better and streamlined for people who reside in US. Just apply, lets all go to Canada..I think thats what US of A wants and deserves.
I have decided to enroll in a full-time MBA program by Fall 2009... In US, it is tedious if I don't get a GC. Even if I change to F1 status, getting H1 after that will be an uphill battle. Univ of Toronto seems to be a better option in this scenario.
Dont worry, just foolow intructions on cic.ga.ca and you will be fine.
If you miss any document, they will send all ur paperwork back. If they accept it they will send a letter with a Tracking/case number.
Its much better and streamlined for people who reside in US. Just apply, lets all go to Canada..I think thats what US of A wants and deserves.
2011 Grace Kelly, a lady whose
angelfire76
01-14 02:12 PM
The memo is not very clear with respect to the employer-employee relationship. Most of the IT companies nowadays have moved to the contract model (e.g. IBM makes more money out of contract implementation of its own products or project implementation of other products, than from the sale and licensing of its products).
An argument can be made with the direct contract vs second-n level of contracts, but the memo is very generic and open to interpretation by an adjudicating officer (has anybody seen the minimum qualification required to get a job at USCIS as a case officer: its high school diploma).
An out-of-touch bureaucracy trying to tell corporates how to run their business is laughable at best. Of course I'm all for reducing and eliminating these middle-men, but by doing so the door's wide open for the mass offshoring of jobs.
The clause is still confusing: Infosys, CTS etc. also follow the "staffing" model as they don't really have in-house products that they implement at the client site. But you don't see their H-1Bs being denied. On the contrary USCIS is being very generous with the EB-1 GCs for the employees of these companies.
An argument can be made with the direct contract vs second-n level of contracts, but the memo is very generic and open to interpretation by an adjudicating officer (has anybody seen the minimum qualification required to get a job at USCIS as a case officer: its high school diploma).
An out-of-touch bureaucracy trying to tell corporates how to run their business is laughable at best. Of course I'm all for reducing and eliminating these middle-men, but by doing so the door's wide open for the mass offshoring of jobs.
The clause is still confusing: Infosys, CTS etc. also follow the "staffing" model as they don't really have in-house products that they implement at the client site. But you don't see their H-1Bs being denied. On the contrary USCIS is being very generous with the EB-1 GCs for the employees of these companies.
more...
samay
07-15 05:10 PM
Dear Attorney,
A million thanks for this website. I have a unique problem and I humbly request your expert advice on my situation.
I am a physical therapist from India who got 221(g) after H1B interview. 221g tells me to take and pass the physical therapy licensing exam before they could issue the visa. I have Visa Screen certificate from CGFNS, educational equivalency report and approval letter to take NPTE exam(licensing exam) from physical therapy state board of Maryland.
The problem is that, licensing exam is offered only in US mainland and to take the exam they should have given me H1B visa. I even submitted to the consular officer, USCIS memo on H-1B Specialty Occupation Licensure Requirements dated March 21, 2008 regarding 1 year temporary approval, still she gave me 221g.
One more interesting thing is that 3 of my friends who had the H1B interview with the same set of documents and without licence, with other consular officers on same day, was stamped visa without a question on licence.
Kindly advice me if there is any way I shall sucessfully appeal on 221(g) and get the H1B visa stamped. Thank you very much in advance and god bless you. With lots of regards,
John
Do you have an attorney. If yes then contact him if not then please contact me and we can discus your successful appeal.
A million thanks for this website. I have a unique problem and I humbly request your expert advice on my situation.
I am a physical therapist from India who got 221(g) after H1B interview. 221g tells me to take and pass the physical therapy licensing exam before they could issue the visa. I have Visa Screen certificate from CGFNS, educational equivalency report and approval letter to take NPTE exam(licensing exam) from physical therapy state board of Maryland.
The problem is that, licensing exam is offered only in US mainland and to take the exam they should have given me H1B visa. I even submitted to the consular officer, USCIS memo on H-1B Specialty Occupation Licensure Requirements dated March 21, 2008 regarding 1 year temporary approval, still she gave me 221g.
One more interesting thing is that 3 of my friends who had the H1B interview with the same set of documents and without licence, with other consular officers on same day, was stamped visa without a question on licence.
Kindly advice me if there is any way I shall sucessfully appeal on 221(g) and get the H1B visa stamped. Thank you very much in advance and god bless you. With lots of regards,
John
Do you have an attorney. If yes then contact him if not then please contact me and we can discus your successful appeal.
addsf345
05-29 04:22 PM
We all need to concentrate on being united. No point in pulling down others. This is typical behavior of Indian attitude. Do you think you will get your GC faster if EB1 abuse stops??? I would say no, we would be still stuck in the same shit hole for another 10 years. Why waste energy on this??? We should rather work on more constructive action items.
Our main problem is 7% quota for India, China and other retrogressed countries is simply not enough. We need some relief in any possible way.
Sometime back i did suggest an idea of working towards a separate Quota (not counted towards 140,000) for Masters/PhD students. That horse was beaten to death.
Lets think more positive and list down all actions that we could work.
To start with i suggest on having a separate quota (not counted towards 140,000) for Masters/PhD students. That should ease most of the pain.
If anybody has other bright ideas, feel free
Channel your outrage on a positive action item
still ppl feel pulling others lag would get them GC - this commnity can never be united!:confused:
Our main problem is 7% quota for India, China and other retrogressed countries is simply not enough. We need some relief in any possible way.
Sometime back i did suggest an idea of working towards a separate Quota (not counted towards 140,000) for Masters/PhD students. That horse was beaten to death.
Lets think more positive and list down all actions that we could work.
To start with i suggest on having a separate quota (not counted towards 140,000) for Masters/PhD students. That should ease most of the pain.
If anybody has other bright ideas, feel free
Channel your outrage on a positive action item
still ppl feel pulling others lag would get them GC - this commnity can never be united!:confused:
more...
amar123
07-03 11:49 PM
http://digg.com/politics/Rep_Lofgren_Issues_Statement_on_Updated_Visa_Bulle tin - 229 DIGS
http://digg.com/politics/U_S_Withdraws_Offer_of_60_000_Job_Based_Visas_Ange ring_Immigration_Lawyer/who 40 DIGS
http://digg.com/politics/USCIS_Visa_scandal - 31 DIGS
Guys, we need to help ourselves, if you are online at 9PM PST, 12AM EST on a holiday eve, then ,least u can do is add ur digg if not a comment!!
http://digg.com/politics/U_S_Withdraws_Offer_of_60_000_Job_Based_Visas_Ange ring_Immigration_Lawyer/who 40 DIGS
http://digg.com/politics/USCIS_Visa_scandal - 31 DIGS
Guys, we need to help ourselves, if you are online at 9PM PST, 12AM EST on a holiday eve, then ,least u can do is add ur digg if not a comment!!
2010 To Catch a Thief
rbharol
03-19 01:25 PM
Hi, I am seriously planning to start Canadian immigration after wasting 7 years of my life in chasing GC. Can anybody suggest some good lawyers/attorneies/agencies who are not money suckers like US immigration attornies ? Also, somebody mentioned that one can apply Can immigration by himself. Is there any issue with that ?
Thanks
Do it yourself. It is easy.
Thanks
Do it yourself. It is easy.
more...
pointlesswait
09-15 06:26 PM
its a temp relief..not a permanent one.;)
Lets all email : uscis ombudsman office...maybe that will be a good start.
Good idea but could you clarify why "next 2-3 months"? what after that? Just curious why you put that time frame there
Lets all email : uscis ombudsman office...maybe that will be a good start.
Good idea but could you clarify why "next 2-3 months"? what after that? Just curious why you put that time frame there
hair Grace Kelly#39;s look in To Catch
Macaca
01-13 08:19 PM
people who work through consulting companies at client sites where the consulting company (employer/petitioner) only runs the employees payroll and has no control over an employee's day-to-day job responsibilities, are now deemed to be lacking an employer-employee relationship and hence may no longer get H1s (new or extensions).
This is done by the executive branch.
Matloff and Hira (via dustbin and grassley as part of curry bill) have been trying to do this legislatively.
Why are they still trying legislatively (as part of CIR 2010) if it can be done by USCIS?
Why wait so long? Is it Obama's gift? to curry?
This is done by the executive branch.
Matloff and Hira (via dustbin and grassley as part of curry bill) have been trying to do this legislatively.
Why are they still trying legislatively (as part of CIR 2010) if it can be done by USCIS?
Why wait so long? Is it Obama's gift? to curry?
more...
tikka
07-03 11:35 PM
Tikka,
Done as requested. I want to understand how this works - what will happen if we have a large number of people dig it?
Thanks
Ams
the more we digg the more popular a story gets and will receive media attention... we already have stories on
ny times
forbes
see media thread for more info....
Digg.com is read by hundreds of thousands of web users and there is high chance of getting picked by main stream media.
Done as requested. I want to understand how this works - what will happen if we have a large number of people dig it?
Thanks
Ams
the more we digg the more popular a story gets and will receive media attention... we already have stories on
ny times
forbes
see media thread for more info....
Digg.com is read by hundreds of thousands of web users and there is high chance of getting picked by main stream media.
hot Grace Kelly as Frances Stevens
Law Loving Alien
08-30 01:38 PM
Hi,
I am canadian PR too. My understanding is you have to enter Canada with your Canadian PR within 6 months of getting your Canadian PR. However, you can immedietly come out of Canada and stay out of Canada for upto 3 years.
The residency requirement to maintain your Canadian PR is to be physically present in Canada for total of 2 years out of 5 years after 1st time you enter Canada in Canadian PR.
Experts...correct me if I am wrong...
I am canadian PR too. My understanding is you have to enter Canada with your Canadian PR within 6 months of getting your Canadian PR. However, you can immedietly come out of Canada and stay out of Canada for upto 3 years.
The residency requirement to maintain your Canadian PR is to be physically present in Canada for total of 2 years out of 5 years after 1st time you enter Canada in Canadian PR.
Experts...correct me if I am wrong...
more...
house To Catch a Thief_Grace
sachug22
09-15 03:16 PM
you are correct India will get only 50% of sipill over numbers and we need to take into account how many China applications are pending (perhaps there are more China apps than India in EB2)
There are 2.5 EB2-I application per EB2-C application. And EB2 China had cutoff dates of early 2005 in 2009 (they did not enjoy too much spillover in 2009). So my guess it that China will use its 3k annual limit + spillover numbers (depending on how much EB2-C dates move). The spillover would be split 25% china and 75% India.
There are 2.5 EB2-I application per EB2-C application. And EB2 China had cutoff dates of early 2005 in 2009 (they did not enjoy too much spillover in 2009). So my guess it that China will use its 3k annual limit + spillover numbers (depending on how much EB2-C dates move). The spillover would be split 25% china and 75% India.
tattoo To Catch a Thief: Grace Kelly
r2i2009
01-18 08:11 PM
Still Desi companies are not following Labor laws.
I know a company in OHIO still exploiting H1Bs......but payroll being generated....
Hmmmmmm......USCIS this is not enough.
I know a company in OHIO still exploiting H1Bs......but payroll being generated....
Hmmmmmm......USCIS this is not enough.
more...
pictures Posts Tagged #39;To Catch A Thief
gc28262
01-14 10:25 AM
Not just desi consulting co's who makes money just by passing on resumes with a status of 'preferred vendor' / 'partner' etc; but also just look what the big names like Tek systems, Kforce, MOdisIT etc are doing ? they also should be brought to justice in this shameless game of layering / commission based on business . just do not blame only desi co's
needless to say worst business practices of big 5 from india and i'm not supporting them in any manner, but my point is these american blood sucking layers also should be gone.
On the same lines walmart should not be doing business in US. Because all what they are doing is getting the product from real producers( farmers etc) and delivering it to the actual consumers( we customers). Walmart has no business taking a cut from producers as well as consumers.
It is none of USCIS's business to define and control the way a business operates.
needless to say worst business practices of big 5 from india and i'm not supporting them in any manner, but my point is these american blood sucking layers also should be gone.
On the same lines walmart should not be doing business in US. Because all what they are doing is getting the product from real producers( farmers etc) and delivering it to the actual consumers( we customers). Walmart has no business taking a cut from producers as well as consumers.
It is none of USCIS's business to define and control the way a business operates.
dresses Just me, Grace Kelly,
abhijitp
07-04 11:20 AM
Need more titles!
Most persons don't know what USCIS is. I did not know about USCIS/DOS/DOL... until after 1 year in retrogression!
GOVT AGENCIES SHORT CIRCUIT A MILLION HOPES... or something on these lines... but just mention Govt Agencies, so the common man understands
Most persons don't know what USCIS is. I did not know about USCIS/DOS/DOL... until after 1 year in retrogression!
GOVT AGENCIES SHORT CIRCUIT A MILLION HOPES... or something on these lines... but just mention Govt Agencies, so the common man understands
more...
makeup To Catch a Thief, Grace Kelly
prem_goel
06-12 01:32 AM
Guys, I've heard (and only heard - don't red me now) that Cognizant has its H-1Bs being rejected and I've heard as far as this that some of the people in Cognizant who got green card through EB-1 category have been deported due to investigation after complaints regarding misuse of EB-1 category by these companies.
has anyone else heard the same?
has anyone else heard the same?
girlfriend the film To Catch a Thief.
Jerrome
05-13 09:53 AM
@venetian:
I was not responding to the Sri Lankan issue - please don't read it as such. As I said, my comment was tangential to the discussion thread. I was just writing about my observation of the behavior and attitude of Tamils in general in India.
@jerrome:
Your point about MGR/Jayalalitha/Rajanikanth just proves my point. These people migrated to Tamil Nadu, made it their home and 'assimilated' by learning Tamil and considering themselves Tamil and showing their love for Tamil - they did not become famous in TN by propagating Telugu/Malayalam/Kannada. Now, if only you could provide some examples of the other way around - Tamils who migrated elsewhere and who made the host cultures proud. Can you?
There definitely are Telugu/Malayalam/Kannada natives in TN - but without exception, they have 'Tamilized' themselves to a great extent to live a normal life. Is the converse true?
President of Singapore and people living in Singapore. I can go on with the list.
Can i ask simple question to you. what language you speak at home, which temple you are going in US?
Let us say after 25 years US is demolishing all the hindu,gurduars and asking everyone to convert to christianity. what will you do? Do you want to mingle into local culture.
If someone is coming to your home and asking you to eat different food and speak different language and workship different god what will you do? This applies to even a state and to a country?
Don't talk like a fool preaching immigrants should mingle with the country culture. We are not talking about immigrants here, Native Tamils in SL.
Tamil people migrated to WestIndies,Fiji, Malay,USA everywhere they are living peacefully, because they have adopted to their immigrated country.
I really don't know what is the point you are trying to make.
I was not responding to the Sri Lankan issue - please don't read it as such. As I said, my comment was tangential to the discussion thread. I was just writing about my observation of the behavior and attitude of Tamils in general in India.
@jerrome:
Your point about MGR/Jayalalitha/Rajanikanth just proves my point. These people migrated to Tamil Nadu, made it their home and 'assimilated' by learning Tamil and considering themselves Tamil and showing their love for Tamil - they did not become famous in TN by propagating Telugu/Malayalam/Kannada. Now, if only you could provide some examples of the other way around - Tamils who migrated elsewhere and who made the host cultures proud. Can you?
There definitely are Telugu/Malayalam/Kannada natives in TN - but without exception, they have 'Tamilized' themselves to a great extent to live a normal life. Is the converse true?
President of Singapore and people living in Singapore. I can go on with the list.
Can i ask simple question to you. what language you speak at home, which temple you are going in US?
Let us say after 25 years US is demolishing all the hindu,gurduars and asking everyone to convert to christianity. what will you do? Do you want to mingle into local culture.
If someone is coming to your home and asking you to eat different food and speak different language and workship different god what will you do? This applies to even a state and to a country?
Don't talk like a fool preaching immigrants should mingle with the country culture. We are not talking about immigrants here, Native Tamils in SL.
Tamil people migrated to WestIndies,Fiji, Malay,USA everywhere they are living peacefully, because they have adopted to their immigrated country.
I really don't know what is the point you are trying to make.
hairstyles Sketch for Grace Kelly in To
gonecrazyonh4
03-16 12:13 PM
Many of us are not aware of the extend of labor subtituion and the impact that it has on the visa numbers .
I personally know a case where 1-140 was filed in 2005, for a Labor which was approved as early as 2000.
The person was able to get his green card in 6 months time (he has been in US only for 1 year, came to work with the Indian company and joined this new firm just to get his substitute LC) and ate away 2 visa numbers which a genuine GC applicant should have got.
When there are applicants who are waiting for more than 5-7 years to get their green card and in some cases just to get through the labor certification process , isnt this grossly unfair?
Advocates support LC substituion as it is just one more avenue for them to make more money. Unscrupulous employers support the LC substituion since it helps them to make money ( as I understand many of these companies sell LC) . Also same LC is used multiple times.
The losers are genuine GC applicants who are ethical and companies which are ethical.
As a H4 visa holder my life in this country has been so very limited that even opening a bank account or getting a driving licence is tedious as most people have no clue about H4 Visa-its limitations including absence of SSN and donot acknowledge ITIN number for many of the above purposes.
We who are hindered by retrogression and the slow processing (actually no processing at all ) happening in the backlog centers should welcome this new legislation for Banning LC substituion.
I personally know a case where 1-140 was filed in 2005, for a Labor which was approved as early as 2000.
The person was able to get his green card in 6 months time (he has been in US only for 1 year, came to work with the Indian company and joined this new firm just to get his substitute LC) and ate away 2 visa numbers which a genuine GC applicant should have got.
When there are applicants who are waiting for more than 5-7 years to get their green card and in some cases just to get through the labor certification process , isnt this grossly unfair?
Advocates support LC substituion as it is just one more avenue for them to make more money. Unscrupulous employers support the LC substituion since it helps them to make money ( as I understand many of these companies sell LC) . Also same LC is used multiple times.
The losers are genuine GC applicants who are ethical and companies which are ethical.
As a H4 visa holder my life in this country has been so very limited that even opening a bank account or getting a driving licence is tedious as most people have no clue about H4 Visa-its limitations including absence of SSN and donot acknowledge ITIN number for many of the above purposes.
We who are hindered by retrogression and the slow processing (actually no processing at all ) happening in the backlog centers should welcome this new legislation for Banning LC substituion.
jsb
06-17 01:56 PM
I like this news even if it is rumor. I have 3 live examples of the CTS guys that are not even eligible for H1 came on L1 (Project Manager) and applied in EB1 and all got Green Cards in 9 months. Their pay is even peanuts. Why USCIS does not check the pay stubs for these L1s?
Write to the Ombudsman. His office works on such issues, and makes recommendations on USCIS working improvements.
Write to the Ombudsman. His office works on such issues, and makes recommendations on USCIS working improvements.
alterego
07-25 07:37 PM
The argument that EB2-1 PD will retrogress to 2002 or 2004 does not seem to be based on numbers, but a random speculation. Doesn't not undermine vdlrao's projections in a credible way
Spillover may not be there, or may be there but when the new quota opens up October 1st, new minimum numbers will be available for EB2-I. Worst case scenario, dates will remain static or very minimal backward movement. It looks like the black hole is the time between late 2004 and early 2005, pre-PERM.Other than saying there is massive inventory of backlogged cases, Ron has not given better/ actual numbers of likely pending EB-2 I cases.
Next years numbers are not consequential to EB2I movement to be honest. Any realistic movement will depend on spillover. Consider that EB2I is statutorily limited to about 2800 visas(inclusive of family members) without spillover. Whereas spillover has the potential to contribute tens of thousands of visas.
Ron's assertion that "most of the EB India backlog" is EB2 is frankly not credible in my view. I am not sure what his source is for this, but it seems way off the mark. EB3 will clearly be far more than EB2 in my view.
Spillover may not be there, or may be there but when the new quota opens up October 1st, new minimum numbers will be available for EB2-I. Worst case scenario, dates will remain static or very minimal backward movement. It looks like the black hole is the time between late 2004 and early 2005, pre-PERM.Other than saying there is massive inventory of backlogged cases, Ron has not given better/ actual numbers of likely pending EB-2 I cases.
Next years numbers are not consequential to EB2I movement to be honest. Any realistic movement will depend on spillover. Consider that EB2I is statutorily limited to about 2800 visas(inclusive of family members) without spillover. Whereas spillover has the potential to contribute tens of thousands of visas.
Ron's assertion that "most of the EB India backlog" is EB2 is frankly not credible in my view. I am not sure what his source is for this, but it seems way off the mark. EB3 will clearly be far more than EB2 in my view.
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