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  • reddymjm
    09-23 01:04 PM
    Thanks for sending.

    send me a PM with addresses that bounced. I will update the list.

    I sent you a PM with the list of email ids.





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  • cinqsit
    01-14 01:51 PM
    V true.

    Folks, the memo clearly empowers USCIS to crack down on consulting firms which don't have any in-house infrastructure (other than contractors) to execute projects.
    H1B is misused for a long time now by these firms and it was high time they put the screws on these "job shops" as they call it. Unfortunately some talented workers will get impacted.
    But if they are talented they will find opportunities elsewhere. Trust me on that. And better opportunities.

    Nathan is exactly right. These firms have created a mess by bending rules everywhere.

    Don't start speculating that USCIS is trying to throw out all immigrants from this country. I'm surprised that folks don't take a proper view of the situation (yeah..bring the reds on and call me an anti-immigrant).


    I agree with a1b2c3.

    USCIS is going after these "job-shops" nowhere do they have a blanket policy written down to stop all H1-B's or greencards.

    Please dont get riled up and think that its going to affect your greencards etc too.

    Actually if you have been following these forums, last two years have been tough for small consulting companies to get renewals/new H1's approved anyways. They were asking for client letter and denying renewals left and right. Some
    were getting H1's denied saying the company office space is too small to fit 100 employees, your product/business plan seems to have been copy-pasted from online sources and what not. Please browse through H1 denied threads on this forums.

    I know its harsh on the employees but they will have to find employment with direct vendors.

    Contracting is a way-of-life for some big financial/insurance companies (if you are from NYC area you will know) its not going away nor is need for H1B's going away.

    USCIS is simply laying down the rules on paper (or in this memo) for what it has already been practicing for more than 2 years now with respect to H1B processing.

    I know its harsh on some employees who will be affected but you will soon realize that
    you will find better paying jobs/contracts. If there is a need and you are good at what ou do you are going to land up a job/contract no matter what even when you are on H1.

    These "job-shop" companies will be going away (good riddance) not you.
    You will still find work you will still find contracts with better pay

    If you are working on a contract directly for direct vendor isnt that much better than being 3-4 "layers" of these middleman "job-shop" companies who each take
    a significant cut out of your share?

    cinqsit





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  • jsb
    06-02 12:43 PM
    Best wishes to you and sorry to hear this. I thought everyone was entitled to SSN after 10 years of work in the US.
    Do you need to have a green card before you qualifiy to get your SSN back?

    Better get it cleared. As far as I know, if you have earned 40 quarters (worked in the US for 10 yrs), you are entitled to get SSA at your retirement irrespective of your status. There are some exceptions, but for India/China citizens living in their home countries, they will get it. Of course, 25% non-resident tax will be cut at source.





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  • dallasdude
    05-29 12:31 PM
    Otherwise how would you explain the sudden rise in EB1 filings and a quota which never used to be over in previous years suddenly has cut-off dates.
    If we keep quiet, these same clowns will use up all the visas and smirk at us for filing in the "lower" categories. What a backdoor to a green card! :mad:

    Those clowns will rot in hell! All those unworthy idiots will never make it here till the end.



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  • kumarc123
    07-23 01:38 PM
    According to my analysis based on recipted/pending I-485 they processed some 80-90K (estimated range) EB I-485 applications which 57/65% of 140k by April 2008.

    May month usage was very low, i feel June/July not to bump too much so another 20k cases. We should still have FB rollover from 07 (31K) + another 10k visa in the pool for Aug/Sept visa.

    I agree, I read all the posts and went through some figures myself, the indication is that dates for EB2 will move much faster that we had all anticipated in the past. I do somewhere agree with my friend vldrao that dates could retrogress for a small period of time (say 1 month), but eventually dates will become current soon.


    Thanks:)





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  • amitjoey
    07-03 06:03 PM
    clochhead@sfchronicle.com.



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  • lazycis
    02-14 12:58 PM
    Galvez v. Howerton 503 F. Supp. 35, 39 (C.D. Cal. 1980)
    http://boards.immigrationportal.com/showpost.php?p=1838094&postcount=14843

    "Plaintiffs herein allege that officials of the Immigration and Naturalization Service (INS) have engaged in affirmative misconduct in failing to process their applications for adjustment of status to that of permanent resident aliens. They seek a court order compelling the defendants to issue them appropriate visa numbers."

    "Where there has been affirmative misconduct on the part of the INS, the United States may be estopped to deny the availability of visas to those otherwise eligible but for the government's acts. See Immigration & Naturalization Service v. Hibi, 414 U.S. 5, 8-9, 94 S. Ct. 19, 21-22, 38 L. Ed. 2d 7 (1973); see also Villena v. Immigration & Naturalization Service, 622 F.2d 1352 (9th Cir. 1980) (en banc); Santiago v. Immigration & Naturalization Service, 526 F.2d 488, 492-93 (9th Cir. 1975) (en banc), cert. denied, 425 U.S. 971, 96 S. Ct. 2167, 48 L. Ed. 2d 794 (1976). The central inquiry here is the determination whether or not the conduct of the INS, including the failure of the INS officials to understand the applicable law, the improper rejection of plaintiffs' visa applications on two occasions, and the ensuing delay, constitute affirmative misconduct.
    It is the duty of the agency to inform itself of the law which Congress has authorized it to enforce. The INS admits that its personnel were not familiar with the current statute applicable to plaintiffs' visa eligibility and thus erred in returning [**8] the plaintiffs' applications on the basis of a misinterpretation of the relevant law. This failure to act in accordance with law is an aspect of the agency's affirmative misconduct which the Court cannot overlook. Administrative Procedure Act, 5 U.S.C. � 706(2)(A) (agency action to be set aside where "not in accordance with law").
    Another aspect of the present misconduct relates to the agency's failure to fulfill a statutory duty. The INS has a statutory obligation to issue visas to qualified applicants to the full extent of the annual quota limits established by Congress. 6 The legislative history of the Immigration & Naturalization Act indicates that this duty has not been left to agency discretion, see S.Rep. No. 748, 89th Cong., 1st Sess. reprinted in (1965) U.S.Code Cong. & [*39] Ad.News, pp. 3328, 3337-38, but is obligatory upon the agency. "

    "IT IS HEREBY ORDERED that plaintiffs' Motion for Summary Judgment is granted, and defendants' [**14] Motion for Summary Judgment is denied. The Court orders the defendant Secretary of State to issue A.T. Cortes and E. Cortes Fifth Preference visa numbers and to charge them to the 1979 visa allotments"





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  • Ramba
    05-11 07:34 PM
    It is easy to spit out numbers like this. Do you have independent proof of these? Please don't point us to LTTE run web sites. Provide hard proof if you can.

    As for "formerly superior Tamil competitiveness", I am sure what you refer to is, the fact that during the British period, the Tamils were given the lion's share (pardon my pun) of all the civil service and other administrative jobs as part of their divide and Rule policy. When SL gained independence of course, things changed so that formerly discriminated Sinhalese started getting their fair share of thse opportunities. Mind you that Sinhalese are after all 75% of SL. Are you saying it is fair to ask 12% of the population (SL Tamils) to have 50% of all the opportuniies and land and the resources reserved for them???


    Panani,

    I dont blame you for your post as you are singalese. However, don't try to hide the truth. Your post itself has the answer. British, did not discriminate the singalse. Though, they ruled India and SL, they always respected the skills and knowledge. Thatswhy, tamils were in good position before 1948. SL denied the voting rights to estate Tamils and want to keep them as slaves. 33% Tamils become 20% because of that act, apart from mass killing of Tamils by SL. SL are still doing forced/barbaric sterilization on Tamil women. The undeniable truth is SL did not want to Tamils to overtake them (pollitically, socially, economically,); though they are the natural born citizen of SL.

    I certainly blame GOI, for its mercyless view on Tamils, as they are killed in India's Doorstep. I dont blame one guy saying "its shame to carry the Indian passport".

    See the wikipedia It wont lie.

    There is a sizable population of Tamils in the Central Province, plantation laborers brought down from India by the British colonial authorities in the nineteenth and twentieth centuries. These Indian Tamils (or Estate Tamils), as they are called, still work mainly in Sri Lanka�s tea plantations. They have been locked in poverty for generations and continue to experience poor living conditions.[15] Although they speak the same language, they are usually considered a separate community from the Sri Lankan Tamils of the North and East.

    The government of D.S. Senanayake passed legislation stripping the estate Tamils of their citizenship in 1949, leaving them stateless.

    The effect was to tilt the island's political balance away from the Tamils. In 1948, at independence, the Tamils had 33% of the voting power in Parliament.[citation needed]. Upon the disenfranchisement of the estate Tamils, however, this proportion dropped to 20%. The Sinhalese could and did obtain more than a 2/3 majority in Parliament, making it impossible for Tamils to exercise an effective opposition to Sinhalese policies affecting them. The main reason for the imbalance was that several multi member constituencies elected a Tamil member of Parliament in a majority Sinhala electorate. The idea in having multi member constituencies was to prevent domination of minorities by a future nationalist government.



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  • m306m
    02-14 01:48 PM
    lazycis/hopefulgc I am willing to send $10 as a token of support for your initiative. I am impressed by your confidence and conviction. Let us form a new group and we will definitely get moral support from all good IV members. Personally I dont want to be plaintiff as I have too much to loose. But I support your group. Waiting for your direction.

    I am willing to contribute $10 to get solid legal advice on this and I am willing to contribute a lot more in a lawsuit IF and ONLY IF there is a strong legal basis for it. I have voted NO on the poll, I would prefer we take a more conciliatory approach to USCIS. As the saying goes "You catch more flies with honey than with vinegar." Having said that, if IV were to go ahead with the lawsuit, I could be counted on to contribute financially.

    I appreciate IV for its efforts. Happy V'Day.





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  • akred
    09-23 12:11 PM
    Current homeowners who are waiting for their GC MUST also be exempted from cap. This clause has to be there. Without having any gurantee of getting GC these folks have invested their savings in buying home even when the prices were high, WHY because they had real intent of making US their permanent home. So these people should too be exempted from EB cap.

    A better justification would be that doing so will avoid bringing new supply on the market from people moving to their native countries.

    FWIW, the home I bought in 2001 is paid off, but I wouldn't mind buying another one if this comes through.



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  • kondur_007
    07-22 01:35 PM
    Excellent analysis and statistics...everyone on this forum has tried an analysis and all of them are very well done. I will thank vdlrao especially, he has provided some interesting links to statistics (which were very informative for me as I was not aware of lot of these numbers).

    The problem is this: We are all assuming that USCIS will work LOGICALLY...which is impossible for them!:p
    They simply can't do that...

    One additional thing, (at least what I think) is that there is missing statistics about labor sub cases (and plz dont start the debate whether labor sub is good or bad thing), cases stuck in name check for years, and very old cases (cases that came out of backlog elimination centers--remember, those were working in four shifts during the last few months of their existance).

    However, they HAVE proved the fact that they can not do even the RANDOM GC giveaway unless PD is in mid 2006 for EB2.

    So I do believe that they will assign the visa number to whichever case they can (and some other cases randomly) to show that they used all visa numbers and approvals will come to the LUCKY winners over next several months (just like what happened in last June, is happneing this Aug). Overall, it is not a bad news...really a good news.

    What will happen to PD in Sept VB? I guess, dates will probably remain the same or become unavailable, does not matter (as RANDOM visa giveaway fiesta might finish all in Aug or goes in sept, regardless, same numbers will be GIVEN AWAY and whether it happens in Aug or Sept does not matter much).

    In Oct 08, dates will retrogress...(OF COURSE!) but probably not too much (as vdlrao said); and I am also not sure what would be the significance of those dates (besides filing of 485) as USCIS usuallydoes not care about it; they will wait till the end of the next fiscal year...and that's when the title of this thread "EB2 WILL BE CURRENT IN A YEAR" comes into play...To continue their usual RANDOM giveaway, they will have to move dates to 2008 at that time (under most circumstances...and based on all the stats!)...Again, we can not stop thinking LOGICALLY and USCIS can not understand what LOGIC is..:D

    See, we need to understand, life is a Lottery. No place for Logic. USCIS LOVES lottery...after diversity visa lottery, they are also doing LOTTERY for H1 now, and one day if they like the idea of doing LOTTERY, for EB cases, they might throw away this all mambo jambo of EB1,2,3/PD/RD/ROW/IN/CH...and JUST DO THE LOTTERY!! After this post, I will go buy a California Lotto...;)





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  • nissan_1
    09-24 03:54 PM
    Mailed all...



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  • lazycis
    02-13 11:26 AM
    Ok - so what is it going to cost us to get a consult with Rajiv Khanna? Anyone know this? Until we have more details on this, I commit $25 for this first consultation. (I will gladly raise the commitment once I know how much this will cost and if IV Core Members support this initiative).

    Rajiv S. Khanna: $660/hour
    Attorneys: $320/hour

    http://www.immigration.com/ourservice/hourly_charges.html





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  • arunmurthy
    09-17 03:12 PM
    Cousin of my friend got an email that his card production has been ordered.
    He falls in EB3I (PD Aug. 2005). I could not believe it but my friend told me that
    EB3I would see significant movement in coming months.
    Gus Hang on and tighten your seat belts. We will have a wild ride if he is true.



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  • nozerd
    10-10 10:18 AM
    What happens when you loose your job on TN1 ? Do you get any time to look for another job ? Do you automatically convert to tourist visa or you need to leave and come back ?
    Are the 3 and 10 yr bar reevant for Canadian nationals ?





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  • lazycis
    02-14 09:19 AM
    There are 71 people who have voted for a class action lawsuit.

    Has anyone of them contacted Rajiv Khnanna and spent their own $600 and got an anwer? NO.

    This is because nobody is serious about this. Everyone wants the other person to spend their money and time. They will only spend their time in writing posts.

    I oppose this idea for number of reasons. Firstly people will not become plantiffs. They are scared. USCIS will scruitanize their applications more than anyone. Secondly people will not donate money in thousands of dollars each for it. Unless you can get hundred thousand dollars and above, you cannot go into a class action lawsuit. Thirdly nobody will go and travel on their own money and testify. Forthly, nobody will spend time helping lawyers prepare cases and research. Forthly, class action lawsuits take time and people will disappear after a while. Fifthly nobody will be willing to lead this effort. They will just dump it on IV to lead it and have core spend their time and money into it for them. Sixthly if this fail, they will blame IV for wasting the money and failing in the effort. Seventhly we do not want greencards that bad. If we wanted greencards that bad we all would have written more than 20 thousand letters till now. We should only try to bite as much as we can chew. This is just an overambitious plan and looks good in a post.

    Thus I oppose this idea.

    internet,
    You cannot speak on behalf of other persons. Speak for yourself. Even though I have a GC, I am willing to contribute (monetary, reviewing lawyers briefs, doing legal research). I will not be able to participate as plaintiff as I have a GC.



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  • bayarea07
    07-27 06:42 PM
    Kushal,
    This whole conversation was not intended to be personal and if it hurt you in any way then we all apologize ,most of the people here might be in or against amway/quixter but they are all more pissed of by the way they are harassed by so called IBO's with the way they treat their prospective clients.
    Why not just move on if somebody says no or gives a excuse to the IBO's, if anybody does
    really feel interested they will ultimately come back to you guys but why harass them with multiple calls and personal visits.

    Note - I would be intersted to see your tax returns :-) email me please since you agreed to.


    Since you are in bay area I will reply to you. I don't need to see his tax papers, as long I can see mine. IF you are happy with your thinking so be it...stay where you are...and you can google froogle whatever you want. You will find your like minded people there too.

    I don't need to share my thoughts here...its like talking to anti-immigrants on legal/illegal immigration.
    Peace OUT!!





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  • RNGC
    02-13 02:30 PM
    how abt IV core leading us here or how abt murthy and other IV supporters who are immigration lawyers too.

    Are u kidding me....She is the happiest soul out there and thriving on our problems. If USCIS is efficient and no backlogs she will be out of business...





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  • alterego
    12-13 05:14 PM
    This problem has arisen out of a desire for the labor but not wishing to give the immigration benefits due to concerns which are not always convenient or comfortable to state.
    If H1b was also a quota system, this would all be a moot discussion. Since it is not, and we have an unlimited L1 program we have this situation.
    A few points are truly ridiculous. Anguilla with its 5K citizens has the same quota as India or China? How does that promote diversity. If every Anguillan applied in EB their quota would not get filled. Yet India has more diversity of religion, language, caste and virtually anything else you can imagine except perhaps ethnicity, arguably it has more diversity than Europe.
    The worst insult in my view is EB immigration being quota based in a so called meritocracy. Either you are a meritocracy or you are not. If you want to promote diversity, then you can do so in FB or diversity category or something like that. If you really want to promote diversity then, you can argue this country already has enough people of northern European, German, Irish, Italian ancestry etc.
    Which brings me to the main point, which is that it may be inconvenient, and it may be uncomfortable to say, but immigration(of all types) has, does and perhaps for the foreseeable future will have racial undertones.
    A constitutional challenge will invariably run into the issue of aliens not having the same rights as citizens since no other argument can realistically hold any sway.





    hpandey
    05-01 04:38 PM
    Its in today TOI that Congress/UPA govt. has raised a concern to their PAK counterparts about safely of some 35 Sikh families living in a small village which falls in Taliban's territory.

    Why not a single statement by UPA Govt. / MPS/ any high ranking diplomats for Srinlankan's Tamil ? Are they affraid of Congress leadership or what ?

    I don't know for what cause LTTE is fighting for and see them as same other terrorist organization in name of freedom. Its LTTE and their leaders who should be punished and brought to justice for killing of Rajeev Gandhi, not the whole community.

    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

    My post is to just show double standard played by UPA govt.

    The Pak Sikhs are being troubled by the Taliban whom everyone opposes and the Pak govt is doing nothing and hence India should raise a voice.

    The Tamils in SriLanka are not being opressed by SriLanka but by LTTE themselves ( using their own people as human shields ) . The Srilankan govt is trying its best to minimise losses while trying to rout the terrorist LTTE. India does not have any sympathy either for the Taliban or for LTTE. Both are enemies of India.

    Personally I hate the LTTE and their damn cause. Someone who would kill our PM does not deserve any sympathy.

    I cheer the brave SriLankan Army who will finally clear their country of this terrorist manace. I wish India had the same drive to remove terrorists from our country in J&K and elsewhere .





    Imm_Exploited
    07-25 12:22 AM
    OLDMONK - sam_i02 - BLIB

    Here is my $.02 (or maybe 200 cents)

    I am here since 2001 and my family joined me in 2002. I came here at a fairly grown up age and the reason for coming here is mainly for a better life for my family. I don't make enough money to be able to send and invest in India. In fact I was sent money (more than $10K) a few times from back home.

    But I do make enough money here to be able to live in a good house and have a couple of cars. In India I couldn't have dreamed of a second car (I did have a car in India) and it would have been impossible for my kids to have a car when they are 16. I know for sure I have secured the future of my kids better here in the US than what it could have been for them in India. We are educated people and we keep reading about the successes of the Ambani Borthers, Rahul Gandhi and others. Our family with average IQs and wealth can only read the news but can never have a chance to have a go and succeed like those BIG WIGS in India. Here in the US, we definitely have a chance, to become at least a millionaire before we retire. As for my kids, they could be rich at a much younger age.

    My PD is Oct. 2003 EB2 India (filed everything in June 2007) and I have sustained the wait for 4 years and I am willing to take on the stress for may be one more year for my family by which time we all should have our GCs. Moving to Canada? - I would rather start my own consulting company in Canada and go there once in a while (preferably in the summer) to enjoy the weather and to take care of my business.

    Sincerely - IE