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  • BharatPremi
    10-23 04:19 PM
    You have hit the nail right on the head. They issued 225000 H1b's between the years and 2000 and 2002 but the GC quota remained the same. Also, there is no quota for H1 (large # goes to India/Chine) but there is a quota for GC.

    The idea is they want to control it so that only a third of the ppl who come on H1 end up getting a GC. They make the GC process hard one way or the other. Either you get stuck in the labor queue or in the retrogression queue. The average time to get has always been 4 years. Some ppl get lucky and get it in less than 3 and some get unluck and spend over 5 years trying to get it!

    Ultimately the question for everyone is how long are you willing to put your life on hold? If you wait long enough you will get it. They seldom reject cases (unless it was a fraudulent case).

    Here are my thoughts not legal advise:
    -------------------------------------

    One way: Wait in US for 9 years to get GC by sticking to one company,
    exploited with less salary, No promotion
    Second Way: 1) Wait for GC in USA for 3-4 years meanwhile get Canadian PR
    2) Go to Canada as a PR for 3 years - Become citizen - "Tell
    your wife" to establish company A in Canada and Company B
    in USA - Have advantage of NAFTA
    3) Come to USA via Company B on TN visa and tell your
    employer Company B to file GC for you and now do not care
    whatever years US GC takes.. As long as "Company B" has
    business and you are working get TN renewals.





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  • alisa
    02-13 08:28 PM
    I don't think there is much I disagree with you. You are right about most things. Especiallly, that it is not an exact science. A lot depends upon how many applicants there are, and how many numbers are increased, and how much the country limits are increased by.

    I also don't think that the country limits will go away totally. They will probably just increase them. But you never know. Espeically, because at some point, they will go to the point system, and then who knows whats going to happen to us.

    Also, its not that I am concerned about what is GOOD JUST FOR ME. (BTW, its not just me, its about a third of IV) I am more worried about what is bad for me.


    Again, there are no guarantees which of the 3 will get passed or accepted. 1 & 2 benefit you more than 3. Will be combined effect of those be more than enough to offset 3 (which I doubt will ever happen since that will require a change in law) is up to anyone's imagination.

    Will you stop supporting IV which is trying to improve ALL legal immigrants prospects of getting a green card because one item on their agenda MAY DO more harm to you than good is your prerogative.

    However, IMHO saying that 3 hurts you and hence you will not support IV is the same as those people who in July were crying because everyone was getting to file 485s and hence would lengthen the GC processing queue. I was in fact not benefiting too much from that but I supported it since having been in the queue for long enough I know how painful it is.

    Like lot of other people on this forum said, try to rise above what is GOOD FOR ME and I will only support IV if it does ONLY that. Someday there might be a law that affects you more than the majority and you will need the all legal immigrants voice to help you out.





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  • la6470
    01-17 12:31 AM
    Please read this article.

    The Insightful Immigration Blog � Commentaries on Immigration Policy, Cases and Trends: NEW USCIS MEMO ON EMPLOYER-EMPLOYEE RELATIONSHIP FOR H-1B PETITIONS: IS IT A WAY TO KEEP CERTAIN WORKERS OUT? (http://cyrusmehta.blogspot.com/2010/01/new-uscis-memo-on-employer-employee.html)

    I feel IV can join hands with AILA on this to help us in this situation.

    Any new renewals or new H1 filings are bound to be denied unless its a direct employer vs employee relationship. Third party placement indications are bound to be targeted for denial!

    We are literaly doomed. Given the slugglishness of the GC process this is bound to cripple us down.

    I am feeling sad for those H1B guys who were deported out of Newark thanks to these crooked laws. The laws may be right in their perspective, but they do not understand the havoc it would have created in the lives of those who felt the impact.

    I wish and pray for the good of all and those GC/H1B aspirants during these troubled times now and up ahead.

    Thanks for the post. I have also expressed my opinion in Mr Mehta's blog who was courageous enough to spell out in clear terms the discriminatory practices of USCIS. We should in no uncertain terms, pull down the mask that USCIS is wearing while practicing pure discrimination and segregation - that is completely alien to the American constitution and society.





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  • samay
    07-06 12:16 PM
    Hi Forum,

    I have come to USA last year and was getting paid consistently till May31. Now, on July 2nd new employer (not a desi, but a big company) applied for transfer on premium processing. I'm continuing with my old employer, and they are marketing me, and have all such emails. Just wanted to know whether the paystub will be an issue for transfer? And how soon can I join them, and what is the risk if I join them now, before I wait for response from INS?

    Any response in this regard will be highly appreciated.

    I would suggest that you wait for another few days and since you have applied for a premium processing you should be getting a response from the USCIS soon. The USCIS requires last two pay stubs for the transfer however we have been able to obtain approvals even with a single pay stub.



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  • sunty
    02-12 11:00 PM
    Lawsuit might be worth looking into...If you see majority of any type of immigration fixes, a lawsuit or a threat of a lawsuit has been one of the major reasons for USCIS to give some ground....





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  • gopinathan
    07-28 12:51 PM
    I see all the people in these forms who are highly educated but prejudiced about an opportunity because of bad practices by some narrow-minded people. the very word "amway" is frowned upon..

    This is what I learned from my experience (the last confrontation/discussion I had with my up-line before quitting). in case of Indians coming to study/work in USA, we did as we are told. we aced the exams, worked hard to get a job and our parents back home are proud. we achieved something in our lives and if a strangers walks by and slaps his pitch saying I am living a lie - that's a nasty pill to swallow. how in the world can someone expect an outsider tell him he is a loser and this business is his ticket to happiness ?? and everything these strangers in the malls do to prove it (like talking about retiring at 40, making millions while driving in $2K cars, having diamonds show their checks) its all making matters worse. that is not how you build credibility with a stranger.

    everyone likes financial freedom but you will never get someone to agree to that and accept for help unless you are his close friend or an associate. no one will open-up with his real worries to someone who just showed up with a smiles. how stupid is it to ask someone you come across in WM about his dreams vacation or retirement plans and have the guts to say have a vehicle to fulfill his dreams !

    .. a person has to be ready mentally to be approached for any business and if they are not ready then the same conversation which they might find helpful at the time when he is mentally ready would look like as a harassment when they are not mentally ready.
    ...
    And i believe these all practices of theirs is whats turning people off.



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  • AirWaterandGC
    05-09 09:19 PM
    I do have my CA PR. Waiting for US GC, my CA PR clock is ticking. Once I am more than 3 years past in the CA PR card and if I still dont go to CA, I understand that my CA PR may not be renewed. My question is : Is is possible to at least enter CA for the last (during 5th) year of CA PR ? Also is it possible to re-apply for the CA PR once I am say 4 years done in my CA PR life without entering CA ? Gurus , please shed some light.

    On another note : I would request no one to make offensive remarks about a great country like Canada. It may not have as many opportunities as US has or be a lot more restricitve in providing licensure to some professionals, but please bear in mind that it has provided respect to some of us by making some of us it PR .... which the great US is still to bestow on us. Even when we have not contributed a single cent to CA or its economy while we have earned/contributed millions to the US / its economy.


    Stop the bashing of countries with stupid generalizations like cost of living and bad doctors. This is ridiculous. See my other posts dispelling Canadian misconceptions. That your friends or whoever has had badluck in Canada is probably as much due to their lack of perperation and research before going there coupled with their socialist sense of entitlement.

    And for all you considering going to Canada, it's not rocket science. Look for a job BEFORE you go. Heck, take a vacation and go there if you get some interviews. I don't care if your doctor friend is driving a taxi cab - they should have known that there is a foreign credential issue going on in that country before they pack up their family and go there (and hopefully this will be ironed out - it is a problem and a big debate right now).

    But it's not like there isn't a way to work around it (suck it up and do what you have to do for recertification - yes it's troublesome, but at least your fate is in your own hands, and you're not stuck in retrogression at the mercy of others). And if you think you have more opportunities in the US, why is it that the majority of H1Bs are being sucked up by desi body shops who just turn around and indenture you? Is that considered a wonderful opportunity ( i guess it is)? How many of you can actually work for a non-desi company? Imagine if they didn't exist. Too bad Canada doesn't have the same body shops, eh. Oh the irony.

    It boggles my mind that people take up and leave to a country without actually looking into the job market or thinking everything would be hunky dory. There's something called the internet. Look for Canadian jobs, apply, get feedback, attend job fairs in Canada, tap your networks, etc. If you can't find something, DON'T GO.

    I'm not saying Canada, or any country, is perfect, but a proper approach and understanding before you jump into something will ease the transistion. And please, enough of the ignorant generalizations.

    If I was an employer and knew you had contempt for my country and thought you were owed something, I'd kick your butt out the door.





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  • hebbar77
    09-03 11:15 AM
    ah one more dirty politician gone... taking a deep breathe. I hope more corrupt fellas follow



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  • bfadlia
    02-19 02:28 PM
    You guys see everything wrong with us. If the spouse works, you will say they are taking away your jobs. If they study, you say that they pay instate fees where as you pay international fee. If they do MBA and become your manager, you will say that not only they are getting jobs, now they are bossing over us. If they stay at home, you will find wrong with that too saying that they are not doing anything but are getting all the benefits..

    It does not matter if spouses stay at home and lose years of salaries which translates to more than the international fees that some people pay. It does not matter that we have to face hurdles in each and every step of the way, be it when getting medical insurance or life insurance or while traveling. We have to renew visas every year by paying thousands, we have to renew our licences. We have to go for visa stamping even if we have gone for an emergency visit. We have to remain in the same job without growth, without promotion. Do you know it is not easy for a H4 person to get a credit card to start building credit history?.

    If you have a solution to reduce all of our pain without increasing the waiting time for ROW people say it here cause that is what we need and what USCIS will appreciate. You do not have to bring corruption and all that crap into picture. That can be another discussion. If I have to pay fees to get some things faster then I will call it nothing but organized bribery within legal framework. That is what is happening in countries which you say is less corrupt, but then why do you care, you enjoy your soccer game....

    NKR, my friend, i'm puzzled, u speak of in-state tuition, visa stamping, life insurance.. how is that different for ROWs from others, we are all the same in that, we are all the same being skilled immigrants all of us, when i complain that someone says indians and chinese are here in larger numbers because they are best and brightest and ask them to be sensitive it doesn't mean that we all suffer the same hardships.. when i state the fact that bodyshops contributed to the longer lines for some countries i don't say i'm indifferent to your suffering, but i also say it can't be fixed by making another group suffer
    peace..





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  • vbkris77
    09-15 04:24 PM
    with everyone worried abt the economy and health reforms.. Immigration reforms are toast this year.

    While we must pursue the overall reforms,

    i suggest that we also seek temporary relief seeking lifting of the ban on filing for 485 for the next 2-3 months... this will help most EB3 and EB2 (I/C/) who missed the 2007 window.

    What are the chances of such a relief being provided?
    Will a mail campaign work?..plz raise your hand if you are interested..;)

    Most lawyers think that it needs a law change. So if we are going to work with lawmakers, why not aim high and get recapture?? So in a nutshell, we will need to wait for CIR.



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  • Legal
    07-22 09:38 AM
    USCIS TRYING ITS BEST, with the available resources, TO KEEP THE EMPLOYMENT BASED CATEGORY IN SHAPE.

    BUT THE REASON FOR ALL THIS MESS IS ITS WORKING WITH DECADES OLD IMMIGRATION RULES and WITH a HUGE DEMAND OF EB VISAS FROM A VERY FEW COUNTRIES.

    THE MESS IS WITH THE IMMIGRATION RULES, WHICH ARE WRITTEN DECADES BACK (MAY BE AT THAT TIME THE LAW MAKERS MIGHT NOT HAVE ASSUMED THE EB DEMAND WOULD BE FROM A FEW COUNTRIES LIKE INDIA and CHINA), BUT NOT WITH THE USCIS!!!!!!!!!!!!!!


    TIME is REACHED FOR IMMIGRATION REFORM.


    vdlrao,
    I totally agree with this. They have been trying hard to do the right thing WITHIN THE LIMITS OF CURRENT LAWS and be fair as much as possible.

    Do you agree with my statement there are 40k numbers available for EB which should be used up before Sep 30th? 20,000 each in August and September. And I bet that's what they are planning to do. I realize this could be wishful thinking . But everything points to that direction. Correct me if I'm wrong. Thanks.





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  • PlainSpeak
    01-14 04:27 PM
    Plainspeak Show your PLAN and what you would do to get it done.

    Everything else is BS
    yes my friend waitinganwaiting. Now who taught you your manners. I ought to wash you mouth out with soap.

    Now dont reply to this post if you have any sense of shame



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  • srikondoji
    06-26 12:44 PM
    hope so.

    So regardless of what August bulletin says, USCIS can just, on a whim stop accepting 485 petitions in Mid July just because they have received "Too many" and the mail room clerk is tired ? I dont know but it really does not sound like something USCIS can do on a whim without publishing a change in the rule first.





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  • bestofall
    07-30 12:15 PM
    URGENT UPDATE: HR5882 scheduled for tomorrow - PLEASE CALL

    --------------------------------------------------------------------------------

    House Immigration Sub-Committee is planning on mark up Congresswoman Lofgren's recapture bill tomorrow (Thursday) afternoon in her subcommittee. This is an extremely IMPORTANT development. We are hoping that an agreement reached such that there is no party line vote on this effort. As such all members are requested to PLEASE PLEASE call the following members on the subcommittee requesting them to support Lofgren's recapture bill H.R.5882.

    Majority Members (Democrats)
    Member Name DC Phone
    Luis V. Gutierrez (D-IL) 202-225-8203
    Howard L. Berman (D-CA) 202-225-4695
    Sheila Jackson-Lee (D-TX) 202-225-3816
    Maxine Waters (D-CA) 202-225-2201
    Bill Delahunt (D-MA) 202-225-3111
    Linda T. Sanchez (D-CA) 202-225-6676
    Artur Davis (D-AL) 202-225-2665
    Keith Ellison (D-MN) 202-225-4755
    Anthony Weiner (D-NY) 202-225-6616

    Minority Members (Republicans)
    Member Name DC Phone
    Steve King (R-IA) [Ranking Member]202-225-4426
    Elton Gallegly (R-CA) 202-225-5811
    Bob Goodlatte (R-VA) 202-225-5431
    Dan Lungren (R-CA) 202-225-5716
    J. Randy Forbes (R-VA) 202-225-6365
    Louie Gohmert (R-TX) 202-225-3035



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  • fairman
    08-17 11:01 AM
    The VIP culture and the sense of entitlement in India is sickening :mad: I would understand if George Fernandes had raised a fuss since he was travelling as a diplomat, but SRK is pure dung!! FFS, he is there only to promote his movie - like some one mentioned here, the world doesnt come to an end if he is delayed by an hour or if the movie flops or doesnt even see the light of day.

    SRK is a god in North India. This cannot be done to SRK. President Obama should have
    come to airport and intervened .





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  • kittu1991
    07-16 06:02 PM
    EB2 is current now..."EB2 will be current within a year" gives an impression that EB2 which is not current will get current in one year...
    He is talking about Eb2 India.



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  • thepaew
    03-27 11:53 AM
    Smart Money is on Kumari Mayawati

    Boss, remove Atalji. He is on bed for last 8 months. So no chance for him.
    Sonia Gandhi is out of question as people will not accept her.
    Rahul is a baccha ( KID ) in front of all those stalwarts ( old and experience wolves ).

    Contest should be only between MMS and Advani.

    Though i would have loved to see Modi on PM HOT seat.





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  • alterego
    06-27 10:34 PM
    My 2 cents.
    USCIS does not control the PD dates, State dept does. The state dept will change the PD's to when it runs out of visas to provide USCIS.
    Case 1: Assume USCIS and State dept are in close touch over the currently approvable I-485s which can consume visas starting July 1

    If USCIS has 40K such approvable apps, then the State Dept (being in close coordination with USCIS abt numbers) would have just moved the dates to Nov 2005 for EB-2 India the date when it retrogressed and similarly to the date when EB-3 retrogression first happened for India.

    The fact that they did not do this means they do not have the sufficient numbers of approvable ones. Now the new ones filed in June or July will not become approvable until at least 90 days. So if they are hoping that some of the "new" 485 petitions filed in June/July will be straightforward enuf to approve in 4 months, they have to keep dates at current at least until July end.

    Case 2: USCIS and State dept are not coordinating "closely" over the approvable numbers

    This means the State dept arbitrarily changed the dates to Current instead of consulting with USCIS that they have 40K approvable petitions. And why woudl they in that case make the numbers unavailable in mid-july in that case?

    Lastly even if the numbers can become Unavailable it has to be announced by State Dept. So worst case scenario it can become "U" in July 11-15, which makes the claim by Matthew-OH that it can become unavailable in July first week itself ridiculous.


    I suspect that at the end of last month they did not have a lot of approvable 485 cases that were BOTH:

    1) Cleared namechecks.

    and

    2) From countries other than CHINDIA.

    Hence they decided to move the dates to make use of the visa numbers. The majority of approvals you will see now will be those that conform to the above criteria. When they(the visas) are done they are done!

    I don't expect to see any of the 485s filed now to get approved anytime soon unless for some strange reason dates remain current until Sept............then you might see a few lucky ones squeeze through. So new 485 filers hold your breath until atleast next year!

    Come July 1st week, brace for a flood of celebratory postings online as the pre-approved cases get formally sent out letters.

    Come October if not earlier it will be normal service resumed, with massively retrogressed dates for CHINDIA, and mild to moderate retrogression for ROW.





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  • snathan
    01-13 08:13 PM
    My take is BODY SHOPPING is killed.
    H1Bs can work at direct employer or as an employee of direct vendor at off site.

    No more small consulting firms sending resumes to direct vendors. May be in long term its good for H1Bs.

    Mostly Desi consulting firms will get hit. Outsourcing companies like TCS,Infosys are direct vendors to big clients. They will OK ..

    My take is Infy, TCS are the biggest theives. if you work with the client, you never know when the will show the door and promptly cancel the H1B. Ideally USCIS should target the big fish and their flithy L1





    dilipcr
    06-16 02:31 PM
    What is your qualification? I have been in this country maybe as long as you have been and can wager that I am more qualified than you educationally unless you will be publishing something which will win you the Noble. Still I am stuck because of this system. And I am not even in IT.
    If you cast a wide net you will catch good fish, some bad fish might come in but that is given in any sample population. If a smaller net is cast the chances of only netting bad fish will increase. Similarly if Visa numbers and per country quota are more then some really qualified people will get in, if not only "Multi National executives" who can program MS Dos will creep in under EB1.

    We need a visa recapture for any of this backlog to ever clear. And Darvin can go fry a fish for all I care.

    I hope that you are more qualified than I am and I am not going to waste your time or my time contesting it. However, you could be a little more humble. I would also like to point out that your high qualifications may be failing you in your critical and deductive reasoning. Refer to the highlighted portion of your quote. If I may reason on an analogous note, you are saying that the current IIT JEE examination lets in a few people who aren't qualified. So by making the examination more tougher, it has more chances of letting in unqualified people. Needless to say, I am stumped.





    doknek
    07-17 01:33 PM
    If PD moves to last quarter of 2007 within a year, then there would be no candidates (EB2), since all will still be stuck in PERM audits which will take 6-12 more months to clear + I-140 processing time.

    So, they move PD dates faster but freeze PERM apps. I am confused:confused: Any insights?