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  • gcisadawg
    05-01 04:22 PM
    Don't be too confident that you may never be in the situation like them. Who knows tomorrow ? History tells us that you would be never safe on foreign soil ! If its not you, it would be your next generation who might seek support from your home country


    Well said! Being an Indian-Tamilian, it pains to see the whole SL Tamil community caught between the devil (LTTE) and deep sea (SL govt). The SL gov't has used this war cleverly to nurture the hatred between SL Tamil minority and Sinhala majority deep, very deep almost to the point of no return.

    Thomas Jefferson, once said, "A democracy is nothing more than mob rule, where fifty-one percent of the people may take away the rights of the other forty-nine. "
    I really believe Jefferson's worst fear is playing out in Sri Lanka.

    Discalimer: I dont support LTTE. Also, I was pained and frustated equally when terrorists killed innocent Indian civilians. So, pls. don't jump on me on that account!





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  • gcvision2010
    09-03 10:57 AM
    May his soul rest in Peace!





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  • smisachu
    06-16 02:55 PM
    You cannot compare a recession to retrogression. A recession is a shrinking economy which is a natural correction of supply and demand. Retrogression is an artificial rationing which has no bearing on demand. It is almost un democratic and prejudiced. What they are doing here by imposing caps by country is they are rationing brilliance. Is it our fault that India and China produces more number of PhD�s and engineers than say Kenya or Denmark?
    If you are looking for diversity look for it under family immigration and not under employment based immigration.

    Your analogy of recession works for the H1. As you see in a falling demand environment the demand for H1 visas this year is tepid compared to previous years. There is no excess supply in employment based immigration as all EB immigrants are gainfully employed and hence �Employment Based� immigrants. There certainly are some who have purchased substitute labor certifications and finding loop holes in the law through consulting firms. I doubt that they are a significant part of the population waiting for visa numbers.

    Your attaining green card is luck more than Pluck. Due to random visa allotment last year many people with dates in 2006 were given green cards ignoring people with prior dates. Now do you intend to say that they were more qualified than those with older priority dates? The whole intention of retrogression is not even to weed out the bum applicants, it is just a result of apathy towards a small immigrant population which is politically insignificant. You can argue all you want of the survival of fittest, but the basic fact is if some one has a PhD in physics and has multiple companies offering jobs, he is not going to stand in line meekly to collect his green card after 10 years. He is going to leg it and go to some other country who will welcome him and his intellect with open arms. So the fittest will be gone and only the mediocre will be left.

    The current retrogression is not a way to filter the fittest out; it is just dumb political red tape.


    Why do you have to resort to calling names ? Are ad hominem arguments the best you could come up with ? Let me give you an analogous case wherein people say that a recession is a good thing. Recession occurs in order to cleanse the economy of bohemian excesses and inefficiencies. Do you think that such people are sadists and belong to the mental asylum ? Of course there are people who get affected in a recession. Does it mean it is not desired ? In a similar vein, you need to understand that there were and are huge gaping inefficiencies in the current immigration process. There has to be a way to curb these excesses and inefficiencies. Retrogression may not be the best way but it is the only way utilized right now. If you still believe that I have to subscribe to these inefficiencies despite having gone through the immigration process, I am sorry I beg to differ.





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  • yabadaba
    06-26 01:33 PM
    ok heres the thing.. what is the point of this thread?

    if they retrogress mid month.. they retrogress... what can u do about it??

    just get ur meds done and file ur paperwork. do your karm...rest u leave it upto whatever spiritual power u believe in.

    by discussing this stuff.. u r not going to change uscis or dos's mind... right?

    and if it retrogresses mid month...u know AILA and other lawyers will start filing lawsuits...so chill



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  • GC_1000Watt
    09-24 02:39 AM
    based on your calculations it seems that
    sep/oct 2010 bulletin might have Sept 2006 as priority date for EB2-I.





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  • greencard_fever
    07-16 08:42 PM
    This whole thread is speculation, your basic assumption itself is wrong. The horizonal spill over is not a permanent policy or trend which will be practised. You should read the INA law clearly. But if this speculation makes you happy, enjoy! :)

    How can they change the Spill over system every year? I think they will continue the Horizontal Spill over going forward.



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  • bobby
    07-04 11:39 AM
    "The US govt. does a number on High Skilled Immigrants"

    http://immigrationvoice.org/forum/showthread.php?t=5994&page=9

    My suggestions:
    "Door slams shut for highly skilled LEGAL immigrants in the US"
    "US closes the door for highly skilled LEGAL immigrants"
    "US isolates highly skilled legal immigrants"
    "Broken Legal immigration system harmful to US competitiveness"
    "Legal Immigration system in shambles"





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  • oguinan
    02-15 09:14 PM
    Nope. Article 1 Paragraph 3 just states that the convention does not apply in those cases. The definition of racial discrimination stands. You should read through the US response to the last review under the CERD (in 2003) and check the responses on immigration policy.

    Do you have a specific link? There are a number of immigration related documents in the 2003 session, mostly related to the southern border.

    I'm not a lawyer - but I do know that the spirit Article 1 Paragraph 2 of the document says that immigration and naturalization laws are somehow "not the same" as other laws when testing for racial discrimination. The spirit of the document is clear - otherwise why provide the second paragraph at all? I think that the case of Bhagat Singh Thind which I cited earlier clearly did show racial discrimination by any reasonable test.

    I noticed that you changed my quoted text in the previous post. I'm not sure how that fits in with the traditions and practice of the forums here - but I'd appreciate you mentioning it in the text of your post.



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  • gcfriend65
    06-26 12:34 PM
    The Visa cut-off dates are issued by the Department of State.

    Right now, the message shows:
    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.

    Can you confirm the source of your information, that the August Bulletin will be showing retrogressed dates.



    Yes, the august bulletin will be showing retrogressed dates. But when August bulletin is issued in mid-July, it does not impact the petitions received in July, because the August bulletin applies to August and even if August is retrogressed until 1975, they still have to accept 485s until 31st July.

    That's what your lawyer said. Right?





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  • chintu25
    02-13 10:14 AM
    I agree with some senior members when they say that no one individual will come forward for the lawsuit . And I ask why should they ??

    And I think, even if one single or 2-3 people do come forward it will not be possible.
    This is the reason we have forums like our IV so that all can come together and take a decisive step together .

    Who can stop IV to file a lawsuit USCIS ? NO ONE

    Many members went on blabbering about how long the process is and how expensive it is ... REMINDER if we can come together and collect upwards of 35k FOR "Lobbying Efforts" we can definitely collect funds for a lawsuit.

    Some one here rightly said ...If we are retrogessed and there is a queue ..Is it because of you or me NO it is due to the inefficiency of the USCIS.

    NO ROAD IS EASY IN THIS BATTLE..... AND ALL OPTIONS SHOULD BE EXPLORED

    Again , I want to reiterate , I think if IV core takes lead...hires a good attorney ....we will have funds for it....we have proved it in the past that IVians can contribute



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  • hpandey
    07-21 11:42 AM
    My desi neighbor told me about it recently. What are your experience with Amway Quickstar. Have you guys made money from it?

    Looks like you are too new to the US not to know about the Amway scam artists ..

    Remember if you join even your friends will become your enemies :D

    They are like leeaches .. very hard to get rid off.





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  • snathan
    01-21 06:27 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....!!

    Everyone knows what the impact would be...no one coming up with the solutions or ready to fight.



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  • rajsenthil
    09-03 09:56 AM
    Why do u feel sad if people support SRK?
    Bcos it sounds odd to highlight and support the shadow hero.

    And why do u compare SRK to YSR?
    Both are not related to our immigration issue but discussed here.

    Don't demonize people just because just because they voice their opinions.
    I did not demonize anyone. If you feel that way, that is not my problem.





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  • vinzen
    08-18 11:21 PM
    This is not "Indian" thread. It is purely a North Indian thread. He is popular only in North of India.

    And which part of india are you from?



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  • irock
    07-29 01:45 PM
    Chennai consulate Aug interview appointments URL: http://chennai.usconsulate.gov/uploads/images/yWMjU032EdCBcZW2qhz3yw/ivapp0808.pdf

    There are 14 E2 appointments in Aug.





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  • PlainSpeak
    01-13 04:36 PM
    Hmm.. so yesterday we were buddies on the other thread (at least you made it out to be for the sake of your arguments) and today I am part of the "enemy" because I am speaking sense and not rhetoric? I think I saw that coming.

    By the way, I don't think you won ANYONE over so far. Keep trying...
    Hmm.. so yesterday we were buddies on the other thread (at least you made it out to be for the sake of your arguments) and today I am part of the "enemy" because I am speaking sense and not rhetoric? I think I saw that coming.
    You have been called Myfriend by me in all the posts in all the messages (I know i slipped in between but if you refer the messages i also did apolozise for calling some one a Bigot and Idiot). Now what i cannot understand is that you have never had the courage to so the same and are keeping up the same tone. No matter it si ok becasue to agrre you were wrong and apolozie needs more courage then anyone would know

    What enemy are you referring to. I never called anyone on IV my enemy (and i can prove it by checking my previous post). The only place i used the word enemy was when i said that if you guys consider me your enemy you need to check all my posts to see how i have been in this forum from 2006 helping people when i can and Getting help when i needed it.

    So you saw WHAT coming. What you actaully see coming is a bright light down a dark tunnel and when it gets closer there is a boom. That is when you wake up and smell the roses (So that there is no more misunderstanding and since it pains me to see your angry post again i will explain that what i mean is that you will realize that i am not your enemy). Of course there is no chance of you agreeing with me and that is ok. As long as you realize that i am not your enemy we are good. Atleast that would stop the abuse.

    Oh i think i missed that part of sense and not rhetoric. Well it is like this my friend if you are speaking sense and not rhetoric it is good for you. What should be clear is when you speak sense (which by the way is always the way to go) i can choose to not agree with you and that should not blow you mind off and get you angry. Something similar to what i say when you abuse me and say that i am wrong and go all ballastic on me. Try it it will work out better for everyone

    By the way, I don't think you won ANYONE over so far. Keep trying...
    Since you are a junior member i will let this mistake slide through (But do not feel bad there are some senior members out here with the same statement which i must say is very surprising).
    Unlike others i am not here to convert people to my point of view and win some one over to my side.

    This is a forum and there are no sides (Actually there are so many to sides to count lets go with no sides). In a forum there is consensus and any decision is made on consensus. For forum members to come to a consensus they need to know what they are agreeing upon and to need to know people need to discuss. Not every idea wil work out and not every disucssion wil lead to a consensus, but as i told before that is the beauty of it.

    Hope i was able to answer you satisfactorily and of course if you were not looking for an answer becasue you were just being angry i hope you sleep on it tonight and come back tommorow because my my friend all the junior members of today are the key persons of IV tommorow (Everyone else Please do not take that literally i mean in the future and NO i am not inciting anyone)
    So tommorow if i call you my friend again if i see an reply from you which not abusive (It is ok to NOT agree with me. That is your god given right) i for one wil be very happy

    Please remember that does not mean i converted you (Well actually that would indeed be a conversion from a abusive person on the forum to a person who listens to all sides with calm) but that is another battle



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  • vkrishn
    07-28 03:16 AM
    Can't make a a statement without getting personal eh? and people are getting under your skin..:D.. no wonder you can take the fact.. and probably the only thing you learnt from being in the Amway gang is to make these rants.. I am much better off than the begging the Amway guys (or rather WIMPS) do and get behind us everywhere so that they can show us how to become millioinaires..What a joke! :D


    Sure with dead bobhead braincells of yours, nobody expects your self image to be high enough. Its not for wimps wearing zippers to the side like you. If you are man enough come and talk to me, and will see who gets handcuffed.





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  • bestin
    01-10 07:11 AM
    Dont worry dude.my pd is eb2 Jul07 and my L1 expired in Dec.My company applied for my H1 in sep 09 and it was approved in 3 weeks without RFE. Some of my friends in consulting got RFEs for renewal but was eventually approved atleast until the date of contract.

    Hello Gurus,

    My priority date is Aug 11 , 2006(EB2) and my 6 year H1B ends Sept 2011. Is there any chance the priority dates will move to Aug 2006 levels in FY2010? Or in FY2011? I am really worried because these days people are getting rejections for H1 renewals. When my time comes for renewal I want to have the EAD as a backup in case H1 renewal gets rejected.

    Please let me know your thoughts on movement to Aug 2006 before Sept 2011.

    Thanks.





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  • akottai
    07-22 02:10 PM
    When we moved from MN to NJ, we were so happy to find so many Indians around. In an Indian store I found a fellow native and I introduced myself. We were so happy that we found a good neighbor whom we can befriend. I gave them my number and got their number back. I never got any response from them whenever I called - ever. Later, I found the menace of Amway in these parts of world(among desis). I was so ashamed just by knowing that they mistook us for Amway people.

    I have been approached by many in Walmart, Macy's and other stores with questions like "are your from Mumbai?", "I have seen your somewhere"... types...

    At one point of time, it became very difficult to distinguish between a genuine smile and the e-commerce business smile! I can now understand why they never attended my calls! :)

    Anyways, I moved to NC - and no more Amways in this part. Not until now!





    franklin
    02-13 10:46 AM
    This is great!!!

    All my Indian friends who were fighting with me over the (1 or 2) unused EB-2 visas from ROW, well, you can have them my friends. I ain't getting any of them anyway.

    Ha! Maybe this will be the penny that drops to make people realize that this isn't "just an Indian or Chinese thing"





    praveenuppaluri
    04-01 03:18 PM
    Azhar visited your post and joined congress.. he is contesting from Hyderabad...

    what have you done gcdreamer05 :D

    can you wish all of us quick GCs too.. looks like your dreams are powerful !!!


    If Imran khan has come in to politics why not Azharuddin ?



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