Thursday, August 11, 2011

holding hands line

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  • Beemar
    04-01 10:04 PM
    Ok. I will open a thread titled "Who after Hu" and put a poll in it too.

    In case you are wondering who is Hu... (pun intended)

    http://en.wikipedia.org/wiki/Hu_Jintao

    胡锦涛

    Happy now?

    Come on dude, don't be a 爛屄


    Some time back when I asked my chinese colleagues to join IV they commented that immigrationvoice.org is an "indian" immigration forum...

    No wonder they felt that way.





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  • hatighora
    07-11 05:55 PM
    I know people who got their GC in 7 months from the date they filed PERM. and then there are many people getting GCs every month. There are both good stories and bad stories to tell about getting GC in US.

    There were times when H1 quota never reached the limit during the whole fiscal year, now they get used in just 2 days. This mess in GC process is a result mainly due to our own actions (temporary workers and consulting companies hiring temporary workers). Do you think majority of us once we get GC, stay with the consulting company that filed for our GC? When a consulting company files for PERM, they already have a foreign national working under H-1B in that position. So where is the real intent to hire an American when some foreigner is already working at that position?

    This employment based GC is a way for us foreigners to immigrate to US easily at one point. Now due to our extreme usage and abuse of this process, there are genuine people who are being sponsored to immigrate to US are also suffering. In a true employment GC scenario, the company should be desperate to keep you for a long time (more than 6 years after H-1B is maxed) for your valuable skills that they were unable to find in others. But in most GC cases, looks like we temporary workers are more desperate than our employers for the GC? aren't we? Do you see any companies sweating on how to retain you with them, because you H-1B is expiring and they have no way to keep you?

    Do not put all the blame on US immigration system, the majority of the blame should fall on us and the companies who are helping us to get GCs when our cases are not based on genuine sponsors.





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  • unseenguy
    08-16 12:52 AM
    Indians are masters in creating unnecessary ourage. Look what a big deal the Indian media made of students being attacked in Australia. Indians declared Australia as a racist country and they branded Britain also as racist when Shilpa Shetty episode took place. Now also they are making a non-issue as a big deal. It seems that Indians thinking is buillt around that all the world is racist and biased toward India. But, when it comes to showing ourage to genuine issues they are always silent. So many horrible things happen to millions of Indians everyday but no body cares about them. Also, when chinese think tank published a report last week about breaking India in many states, there was no outrage. As compared to this news SRK news is nothing. The reason is simple chinese will shut Indians out because they know what works while dealing with Indians.

    Anti.... welcome to 21st century assertive Indianness. We fight for our rights!





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  • breddy2000
    09-04 09:33 PM
    hey stop the nonsense. u r trying to argue with everyone. u r playing with people emotions.
    why don't u just stop the arguments over here. just leave the dead person in peace.
    if u don't like him just go and talk with someone else who also doesn't like him in ur family or with ur friends. i think u r spending too much time bashing YSR and his son.
    r u considering urself as a "SAINT" , if u r saint, u have right to talk about other persons.
    otherwise u should shut ur mouth. Its good for u and ur family. u used the word "KUKKA CHAVU" that's not at all accepted. i think u should keep ur tongue when u r using those words.

    This MF doesn't even have minimum decency to just leave alone a Dead Man.

    Want to see his saint deeds on IV.....Look for handle "CHANDUV23" handle history.

    1..) This MF has been preaching about faking Resumes in his old posts
    2.) He suggested faking Exp letter to someone in trouble...
    3.) He openly has shown someones full name using his Admin previledges


    Look for all of "CHANDUV23" posts

    Want to see him...search for him in UTUBE. Search for "CHANDUV23"
    God knows what kind of idiots are given this kind of responsibility as Admin....



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  • go_guy123
    07-12 03:43 PM
    BTW its taking anywhere between 52-65 weeks to get Canadian PR now. They process ur initial application after 52 weeks only and any time taken on top of it is extra..
    cheers

    Canada Immgration back is also visa post quota based unlike birth country
    (not citizenship) based.
    Therefore as an Indian if you apply in India then backlog is massive (5 yrs).
    However just like in US system exceptions are there for Indians born outside India, Indians in US on H1B visa can apply in US where backlog is lesser.

    In the Canadian system you can apply in your county of citizenship or country where you are admitted for more than 1 year (eg H1B , L1 ,F1 ,J1 )





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  • snathan
    09-04 03:13 PM
    Nice point truefacts. If indeed we were able to somehow communicate this system to folks in India it would be great. Let us keep the hopes that this will happen some day. Might be due to desperation or some major calamity but somehow people will realize that this corrupt system is unustainable and needs dramatic repair.
    By the way there is another thread with lists of people who died with a request for prayer!! This is another example of how manipulative personalities not only create a chaotic unsustainable regime while they live but also leave a chaotic system once they die.

    I guess it was sarcastic post by the OP.



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  • gcfriend65
    06-26 01:53 PM
    The assessment is correct. The Visa Bulletin is published by the 15th. of every month by DOS. So, by July 15, whatever number of applications, USCIS receives, they have to count them and send the numbers to DOS. DOS then have to do their math and come up with August 2007 numbers, but August 2007 Visa Bulletin has to be published by July 15. Therefore, they mentioned as a footnote in the Visa Bulletin that DOS will retrogress numbers in September 2007. I again quote below:


    E. EMPLOYMENT-BASED VISA AVAILABILITY DURING THE COMING MONTHS

    All Employment Preference categories except for Third �Other Workers� have been made �Current� for July. This has been done in an effort to generate increased demand by Citizenship and Immigration Services (CIS) for adjustment of status cases, and to maximize number use under the annual numerical limit. However, all readers should be alert to the possibility that not all Employment preferences will remain Current for the remainder of the fiscal year. Should the rate of demand for numbers be very heavy in the coming months, it could become necessary to retrogress some cut-off dates for September, most likely for China-mainland born and India, but also possibly for Mexico and Philippines. Severe cut-off date retrogressions are likely to occur early in FY-2008.

    Reference:DOS website.

    I agree with you. To bring the dates back USCIS would have to accept application for atleast next 2 weeks. Then, they will have to open and count all the application based on country. After that, they will calculate Aug/mid-July retrogression date. It does not sound like they will do it in mid-july, but for august they can do whatever they want in their visa bulletien.

    This is jusy my assessment. I didn't get this from anywhere.





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  • Rb_newsletter
    01-21 06:15 PM
    I got the below email from multiple friends. I don't know what is the source, who wrote this analysis because there is no links. I did NOT mean to spread the fear. Just sharing the contents unaltered.

    ------------------------------------------------------------------------------------------
    However, this is how many could read RECENT (Jan 8, 2010) actions / announcement by USCIS towards Consulting companies, which engages or merely places their employees at the client sites for various projects.

    � No new H1B application will be approved, as per the new guidelines provided USCIS on Jan 08, 2010 memorandum � for 3rd Party Consulting company.
    � No new H1B extension/stamping will be approved, as per the new guidelines provided USCIS on Jan 08, 2010 memorandum � for 3rd Party Consulting company.
    � If an employee has H1B approved or extension approved, and if he/she comes back to US from a vacation or from an emergency, he/she would be deported back to his/her home country from the Port of Entry (PoE) � for 3rd Party Consulting company.


    Why?

    Because of 2 recent events:

    1) USCIS gave new memorandum (which is now guidelines for USCIS professionals working on the H1B petitions/extensions) on Jan 08th, 2010. (Attached the PDF file for the memorandum).
    2) Recently (Jan 2010) several H1B Employees were sent back (in some forum, its mentioned � all of them) to their home country from Newark, NJ and JFK, NY Port of Entry � these were the H1B employees, who went to spend Christmas/New Year vacation to their home countries.


    What does the memorandum mention, specifically, about 3rd Party Consulting companies?

    Link to the memorandum (PDF attached) � http://www.uscis.gov/USCIS/Laws/Memoranda/2010/H1B%20Employer-Employee%20Memo010810.pdf


    Employer-Employee Relationship:

    As per the memorandum, some previous H1B Law defines, the definition of an �US Employer�. Somewhere in that definition (Page 2 of memo), it mentions the word �Employer-Employee relationship�. Till now, it seems that there was no clear guidance on what kind of relationship was considered having Employer-Employee relationship. So, it was being, probably, interpreted independently or ambiguously. Now, on Jan 8th, 2010, USCIS has published this memorandum for TRAINING USCIS OFFICIALS about understanding, Employer-Employee relationship. The memorandum seems to have been prepared with a clear understanding about it, along with the specific EXAMPLES.



    Memorandum has given few specific examples, which would QUALIFY for having Employer-Employee relationship, on Page 4-5 of the Memo � including the nature of the job/business. On Page 5-6, memorandum gives few specific examples, which would NOT QUALIFY for having Employer-Employee relationship. Third Party Placement / �Job-Shop� (better version of �Body-shop�, probably) is NOT QUALIFIED for meeting Employer-Employee Relationships � meaning, 3rd Party placement (which most of the small consulting companies do) doesn�t meet H1B requirement, as defined by the law � meaning for this job, the new H1B or Extension or Stamping petitions CANNOT be approved!! Period !!




    This is how memorandum has identified 3rd Party Placements and in Bold letters, why it disqualifies for the H1B petitions (comments are in Red):



    �The petitioner is a computer consulting company (which is what all small consulting do). The petitioner has contract with numerous outside companies in which it supplies these companies with employee to fulfill specific staffing needs. The specific positions are not outlined in the contract between the petitioner and the third-party company but are staffed on an as-needed basis (this is nothing but, Service Agreement between the petitioner and the mid-vendor!). The beneficiary is a computer analyst (which is what many small consulting company�s employee are). The beneficiary has been assigned to work for the third-party company to fill a core position to maintain the third-party company�s payroll (this nothing but, Mid-Vendor�s or so-called Prime-Vendor�s or Consulting Partner�s Revenue). Once placed at the client company, the beneficiary reports to a manager who works for the third-party company (as it happens, when Consulting partner hires employee as a contractor). The beneficiary does not report to the petitioner for work assignments, and all work assignments are determined by the third-party company (petitioner just runs pay-rolls!). The petitioner does not control how the beneficiary will complete daily tasks, and no propriety information of the petitioner is used by the beneficiary to complete any work assignments (petitioner just runs pay-rolls!). The beneficiary�s end-product, the payroll (payroll of mid-vendor/prime vendor/consulting partner), is not in any way related to the petitioner�s line of business, which is computer consulting. The beneficiary�s progress reviews are completed by the client company, not the petitioner (petitioner just runs pay-rolls!). [Petitioner Has No Right to Control; No Exercise of Control].�



    Right to Control:

    Supreme Court has stated the definition of Employer-Employee Relationship (Page 3 of Memo), and there it was mentioned to have �Right to Control� over the work of the employee by the employer. From the entire memo, it sounds that Right control is well-established, ONLY WHEN, at least one supervisor from the petitioner�s company works with the beneficiary at the end-client site, and supervises beneficiary�s day-to-day work. So, big Consulting companies such as Wipro, Infosys, Accenture, Deloitte etc. will be good, as they would meet �Right to Control� and that way, they will satisfy H1B requirement by law, and their petitions for similar 3rd party consulting work, will be APPROVED, but not in case of, small consulting companies!! This is because, big consulting companies such as Accenture � have their entire or partial team � along with managers etc. � working at the same client site, where the beneficiary would be working, so they could supervise their work and so exercise control over their work etc., but that cannot be the case with the small consulting � because, their actual business has been, so far, to place employees and run pay-roll � not to get the client projects!




    Why one could think that there are slim chances for this memorandum to get reversed in favor of small consulting companies?

    This memorandum took care of big consulting companies such as Wipro, Infosys, Cognizant, Accenture etc. � meaning, these companies and their employees are NOT impacted. They can travel freely to-and-fro their home country etc. Since, big companies are not impacted, there will not be any big lobbying or oppositions to this memorandum, per say!! There don�t seem to be a platform for small consulting companies to gather and lobby, plus most the small consulting may not get involved, with fear of exposing themselves more to other issues!! So, it might be east to assume that this memorandum is permanent and not temporary. The recent deportation also indicates that the changes like this memorandum is for serious, not just the warning!



    How this memorandum relates to the recent deportation events from NY and NJ airports?



    There seems to be an anticipated link between these 2 events � Memorandum and recent Deportations � kind of an indication about the current level of government scrutiny and seriousness of the H1B program. Hence, there have been advices by others that � each employer and employee should operate by strictly following the H1B program requirements.



    Link to Murthy.com front page posting about this � MurthyDotCom : NewsFlash! Note to H1Bs Traveling to U.S., Working for Consulting Companies (http://www.murthy.com/nflash/nf_h1conc.html)



    What one could predict as happening sooner (trend)?

    � Since, it seems big consulting companies (having their own consulting projects)/full-time end-clients and their beneficiaries are not impacted with these changes � there could be trend � employee moving from small companies to big companies for a better shelter for full-time positions � especially, when small consulting company�s immediate preventions / actions to this memo cannot ensure safety.
    � Big consulting companies could buy small consulting companies or small consulting companies could sell their companies to big consulting companies (having their own consulting projects), to save their employee�s future/transition etc.


    Good Luck my Friends....!!



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  • mallu
    02-15 06:26 PM
    The reason we have greater supply of workforce in IT from one specific country is not because of skills or talents. Almost every IT workers from ROW and China came to the US as a foreign student after TOEFL, GMAT, GRE, internship and only then landed a job in IT. Whereas the preponderence of IT workers from India came here through L1/B1/H1 sponsorship through bodyshops. Attending school, preparing for generalized tests requires time, money and patience. This is one big factor why the supply curve is skewed.

    I think it was reported that students from India is the largest % of students in US universities.





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  • pointlesswait
    09-14 04:45 PM
    This a very optimistic prediction....

    i think .. most with PD of jan 2005 and earlier will get their GC ..thus in OCT VB the dates will pull back a bit..maybe mid 2004...so first qtr will be bad news for anyone with a PD after jan 2005,...but the 2nd and 3rd qtr.. the dates will be definitely be in mid 2006.

    my 1/4 cent



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  • eastindia
    07-21 02:30 PM
    If a person is making lot of money through this e-commerce business why is he shopping in cheap Walmart? Why do they drive cheap cars? Beats me.





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  • leo2606
    09-23 06:00 PM
    nope, I understand, I see valid points in your opposition. I had a similar discussion with one of my friend couple of months back, I did question about how US economy gets boosted by just GC holders buying house.

    But any way otherside I was thinking what's wrong in just trying.


    You are missing the point of the opposition. What is the fairness in this visa category? Every other category has US benefiting (not short term, but in long term) from us, except this proposed category. Do you think paying 20% down will benefit US enough that they drop every thing and grant you the GC??

    Also, how do you define this 20%? A 20% down in CA will get your 5 homes in Alaskan tundra (ok exaggerating, but not by much). This proposal basically comes down to haves and have nots. By expending time on such misguided legislation, you are not only making the immigrants look like cheap opportunistic ****, but also giving enough fodder for the anti-immigrants that we are only looking for our GC without any tangible long term benefit for US (I could pay 20% down, get my GC, and then become a burden on the state).



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  • chanduv23
    06-28 04:51 PM
    Today, he emailed by HR directly and told them that "we will file everyone's 485 in first week of July ".

    He also said that there is no need to panic because AILA is already threatening USCIS with lawsuit and right now its in negotiations state. (Whatever). He said that the thread from AILA will prevent USCIS from doing the same mischief again in July 2007 to EB2, and EB3 categories. (Somehow I dont buy that, I dont think USCIS is afraid of anyone and they are acting like and independent body ... like the Supreme court working on its own schedule and own whims).

    So the thing is...he acknowledges what happened with EB3-other category in June and says that he will file in July first week (good for me and my other co-workers) but he is still sticking to his guns that "It wont happen because USCIS will be scared of AILA".

    What USCIS has done for EB3-other worker category is violation of federal regulation and it cannot just ignore the visa bulletins because it feels like doing so and its having a bad day. But nonetheless, the people who make these decisions dont get sued. The agency gets sued, and those lawsuits are fought by internal lawyers who are on USCIS payroll. They get some heat for violating the federal regulation but its not like they would lose their shirt over it.

    Should we change the topic of this thread - "Please file in July first week" ??





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  • vamsi_poondla
    05-03 07:47 PM
    Just for every one to know, if you are Singhalese 40% is good for your start College, if not, you need 80% to continue for college.

    Do you mean if a SL Tamil minority person who can speak and write in Sinhala, he still needs 40%? Is it possible to provide adequate proof that discriminates SL Tamils if they can use Sinhala medium?



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  • fide_champ
    08-17 01:50 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.

    How is the other one better than this topic?





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  • JA1HIND
    02-12 01:38 PM
    Does it mean that till Oct 08 bulletin there is no point to expect anything for India EB2?

    I suspect VB in Oct08 might be good for EB2...if you look at the below copied "Archived Visa Bulletin" URL and I see month of October is always been a fruitful month for EB2 (Employment Based) and I am thinking this year Oct 08 will also show us some good updates...

    Check this URL:
    http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html

    October 2007: EB2 - 01APR04
    October 2006: EB2 - 15JUN02
    October 2005: EB2 - 01NOV99
    October 2004: EB2 - C (Current)



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  • senthil1
    06-26 01:35 PM
    The main reason for this kind of fear is many people waited more than 5 years and PD was moving 2 weeks per 3 months. Suddenly PD become current everyone could not believe themselves and still Skeptical about it. This kind of PD movements happened many times in past. This kind of fear is unneccessary and try to file I485 ASAP to get earliest Receipt date.

    Logiclife,

    All I am saying is, the DOS or USCIS can be unpredictible at times. I know TECHNICALLY there is NO way the July bulletin can retrogress IN JULY. However I would NOT be surprised if that happens. Coz this suddenly creates a FLOOD of Ead applications and AP applications not to mention Finger printing.





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  • rp1975
    07-16 02:45 PM
    This is a question for the attorny.

    Dear Sir/Madam,
    Firstly I would like to thank you for providing answer to our questions on this forum.

    My current status:
    PD March 2004
    EB3 India
    Approved 140
    485 Pending (Applied July 2007)

    Question:
    1. Can I switch my EB category from EB3 to EB2, and maintain my original PD? If yes, what are the steps required if,

    a. I continue to work for the same employer that filed my labor certification, assuming my collective experience qualifies for EB2

    b. I invoke AC21 and take a new job which satisfies AC21 requirements, assuming the new job has the same duties but is a senior level position which also qualifies for EB2

    Regards,

    rp1975





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  • injrav
    08-03 12:52 PM
    This only proves that this is an important immigrant issue. Pappu should help educate every one.

    Hi TravInd
    keep going on man
    you are the Pappu of this Thread





    krisganta
    09-04 10:51 AM
    I agree..admin please delete this thread. This has nothing to do with the immigration issues that we are facing.





    logiclife
    06-28 05:51 PM
    Does someone know what date in June they started turning back EB3-Other WOrkers?

    That was 5th June as per Oh's website and Oh's website was quoting AILA's memo.



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