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  • vagish
    04-04 02:51 PM
    The Durbin-Grassley bill would prohibit employers from hiring H-1B employees who are then outsourced to other companies. This is a method that some companies use to evade restrictions on hiring H-1Bs.

    http://durbin.senate.gov/record.cfm?id=271783
    only if the bill passes in its current form with no amendments, which highly unlikely.





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  • pointlesswait
    07-12 05:05 PM
    Does anyone have the list of latest set documents required to file for 485.... can you plzzzz email/post it here... thanks



    can it be done without the help of an attorney...????





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  • leoindiano
    03-17 10:19 AM
    EB2 India PD came only up till April 2004 before it retrogressed. There is no way anybody whose PD is between April to Sept 2004 could have applied before July 2007. They might have applied only in July 2007 when USCIS made EB2 PD current by mistake.

    Before retrogression started in "October 2005 Bulletin, Nov 2005 effective", there are quite a few people who applied for I-485 and had PD upto sept 2004. Those cases are approved. I know couple of cases myself.





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  • Jaime
    09-10 12:15 PM
    You have contributed 1000s of dollars to Social Security and if you don't fight for it, anti-immigrants will kick you out of the U.S. by frustrating you to the limit, and your Social Security money will go to fund Lou Dobb's retirement and that of others, except yours!



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  • p_kumar
    02-21 10:09 AM
    If possible, please change it without any delay? EB3 is only able to cross past May 2001 for 3 times in last 3 years where EB2 are enjoying GC most of time. No point in playing wait game with EB3 India. Otherwise, you will wait for-ever. :)

    How does one "change" to EB2?. I have a PD of Oct 2003 EB3. Should i submit a new labor and if it is approved my category will be EB2 PD Oct 2003?. Should i also file another I-140?.

    Not that i want to. just out of curiosity. thanks





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  • vandanaverdia
    09-12 02:32 PM
    You and me together can make a difference...
    Lets all stand up together & be heard!!!!
    Come to DC!!! GO IV!!!
    Help IV help you....
    Its now or never...Or else it may be too late....



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  • qesehmk
    02-12 02:29 PM
    I disagree. This thread is not about some immigration lawyer. This thread is about visa numbers wasted due to USCIS inefficiency. That's what the title of the thread says. Why do I or anybody else care about some immigration lawyer? Why is he/she relevant if its specifically proven with facts that there is no wastage of visa number. You continue to advertise the name of the immigration lawyer. The reason I say this is because in my experience immigration lawyers comment on these issues as if they have direct access to USCIS Director or god. Even after disproving the visa wastage theory with facts you still continue to over analyze immigration body shop instead of discussing the issue. I am just wondering, why would you that? Are you that immigration lawyer or employee of his law firm? Just curious.

    It's a pity to be desperate. But it's requires supreme stupidity to achieve this kind of cynicism. No I am not "That Lawyer" or his employer.

    Before emptying the garbage in your mind, you wouldve done well to read my posts carefully.





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  • logiclife
    02-13 01:31 AM
    First off, you are looking for a bodyshop. A consulting shop. You would be the consultant if you are hired they would be the consulting firm.

    There is a website called http://www.desicrunch.com/ (Desi Crunch) that as reviews of most of Indian Consulting shops. Reviews are posted by individuals themselves so they would be reliable.

    Other than that you can look on Immigrationportal.com and search the name of the firm you are planning to join to check if there are any bad reviews.

    You have to be prepared to handle your job as a consultant and your job in handling your employer. There would be struggle every step of the way. Basics like giving paperwork tied to Immigration like H1, 140, labor is a big task. Mostly they dont want to share even xerox copies so that it becomes almost impossible for you to either switch jobs or retain priority dates. Expect to work at a much lower rate than what you would get as a permenant employee directly working for an American company. Expect to move across the country every few months from project to project, unless you are really really in demand and can get projects in city for longer times. Do not expect moving expenses. You are on your own. Whenever you quit, expect to miss your last 1 or 2 paychecks. They will come up with some excuse not to pay you. If you quit and if there is any bad blood between you and your employer, do not expect any letter of experience that you can use for future EB2 or EB3 Greencard petitions. They wont give you that. If they hire the Immigration lawyer, you will most likely never talk to the lawyer directly. It will be thru your employer only. And information will be presented to you in a way that makes you feel in bad shape and more dependent on the employer. "Your labor is in trouble". "there is an inquiry on your H1, 140". "Lawyer needs another 5,000 to respond to your inquiry or RFE which we would be more than happy to deduct from your paycheck".

    If you want to go thru all this, then yes, desi consulting firms would work for you.



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  • sunny1000
    04-09 06:31 PM
    I completely agree with you . For five years EB3 is stuck in 2001 that means people who came here 10 years back are still waiting. Something needs to be done by someone somewhere but I guess no one has any idea who can ( except the congress ) .

    All of my friends about 10-15 of them who came with me in 2000-2001 timeframe got their GC's and their citizenships in EB3 ( none in EB2 ) and I am still hanging .

    I wonder what was that which made their application go by light speed and my application go into a blackhole :)

    Probably, their labor got approved before the FY2006 when the retrogression started. All the categories were current until then due to the recapture done by AC21. I am stuck in this mess because my labor took 5 years to get approved.





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  • hopefulgc
    07-28 03:08 PM
    yawn...
    rolls over to the other side of bed...
    yawn again...
    turns over pillow to the cooler side...
    yawn again..
    dreams of this thread getting closed because it is absolutely worthless ... crap .. twas just a dream :D


    Yawn ...
    Adding to the rant ....

    This country's once celebrated Individual Freedom has gone to the dogs after 9/11 with many screwed up bills like Patriot Act , FISA. First Amendment will cover our ass only to an extent...

    my 2 cents .. if there is anything we all have to fight/wake up for then it is about individual freedom, not about religions/images/symbols/cartoons.



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  • rama0083
    09-28 03:47 PM
    I have heard from people who have worked there that Socialism has eaten away at the insides of the European economy so much that they do not care if an immigrant helps them make more money. Unlike the capitalist US that accepts immigrants (at least to some extent) that bring economic benefit, the EU is one big xenophobic amalgamation of countries.
    Well - though white racists may oppose - anything related to economy and development does go through.

    I personally think that if this proposal goes through - EU will be the next melting pot.

    Racism is there everywhere, we find it in US also, even in India, you find caste system and inter state racism. With rising opportunities, such things may not really be visible especially in places where there are free zones.

    Does anyone has more info on this?





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  • gonecrazyonh4
    03-20 12:36 AM
    I am on H4 for the past 2years and this year I am trying to move to H1. The problem here is no big company responds to my resume.(Mine is not a cooked up resume. I have 6 years of experience and a lot of certifications). The only calls I get is from desi consulting firms. No US staffing firm nor BIG US firm sponsors H1s for first timers like me in US as we don't have US experience. They get their jobs done through consultants on Corp-Corp basis. Sometimes I am getting depressed seeing all this. May be I think I am forced now to go to a consulting firm to get my H1b because they are the only people who sponsor H1s in April to work in October which is 8 months from now. The system has to be revamped otherwise this system is going to exploit a lot of people like me. I cannot wait till we get a green card or work permit because it looks like it is a million years away from now. One thing I understood is that H4 dependents have no rights in this country and they talk about human rights violations elsewhere.


    I agree with the points raised in the above post. If H4 dependents are given the right to work in this country things would be so much better and the wait for green card would not be so very tiresome. Not allowing H4's to work and making them completely dependent on H1B spouse is indeed a human right violation.As an H4 I have no identity in this country and the system makes me a complete dependent. (Please do not mail me back saying - If I am smart I can get an H1B, I am smart enough to work and contribute to this economy its just that my expertise may not fall under the tech/shortage skill category).

    Employers are taking advantage of employees because the current immigration process supports such exploitation. This exploitation is prevalent among both with Indian and Non Indian Firms in different manner.

    Also for whatever reason a number of people whose spouse is already working on H1B tends to discourage others from filing H1B for their H4spouses.I also see a similar trend where all those who has a green card wants the immigration law to be more ruthless to new GC applicants.If you look at the employment history of many among us you would find that they have come through the route of desi consulting firms fulling agreeing to the deal since they wanted the H1B at any cost.

    I am not commending or supporting the Desi/other consulting firms or supporting the violation of law or ethics. Rather I want to point out that till the immigration process is revamped these practices will continue and each one of us has to take a route based on our individual circumstances.



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  • nixstor
    07-04 08:56 PM
    Excellent analysis but it does have flaws


    The recent report to congress, the ombudsman scolded the CIS left and right for its inefficiency and highlighted how many EB visas were lost for ever, in last 10 years despite the very heavy demand for employment based green cards. Based on his report, both CIS and DOS try to obey the direction of ombudsman and modifying the 485 adjudication procedure. The reason for loss of EB visas in previous years not only due to inefficiency in processing the 485s on time, it is also due to lengthy background check delay by FBI, where USCIS has no control. For example, in 2003 they could approve about 64,000 485s only. It is partially due to USCIS inefficiency and partially due to lengthy FBI check. There are 300,000 (AOS+ Naturalization applicants) cases are pending with FBI for name check. Out of which, about 70,000 cases are pending more than 2 years. Out of 300,000 victims of name check delay, how many are really threat to the country? Perhaps none or may be few! Remember that lot of Indians also victims of name check and all the victims of name check delay already living in USA.


    We all understand this and what you are saying, But What is in law is more important than OB's recommendations. First of all the office of OB might not have recommended to pass on any name checks. It might have advised to some how expedite them. More over, I dont think that they take the annual report seriously. We know how many times DOS officials and USCIS officials testify before congress. Why don't they tell congress that in order to clear backlogs

    a) They need FBI to expedite name checks (they might have testified about this)
    b) They need to recapture visa numbers (AFAIK, they never did this because your case is not pending unless you filed for AOS/485. We are not a part of the back log)

    Their biggest problem now is if all of us file for 485, we will continue to be the back log for ever on the back of USCIS for ages to come unless recapture occurs. What ever be the number 200K or 700K, they simply dont want it.



    The big problem is the timing when USCIS takes the visa number for a 485 applicant. Till 1982, INS took visa number for a 485 applicant as soon as they receive the application. Visa number assigned to a 485 applicant without processing his/her application. He/She may not be a qualified applicant to approve 485. Still they assign to them. If they found, the applicant is ineligible, they suppose to return the number back to DOS. However, this practice was modified after 1982. USCIS is taking visa number only at the time of approval of 485, after processing the 485 for a lengthy period. For some people, particularly victims of name check, 485 processing time vary between 2 to 5 years. Though, it is a good practice it is not the ideal or efficient process, due to name check delay. Let us assume about 150,000 are victim of name check in 2003. If they assigned all the numbers to these 150,000 applicants at the time they filed 485, the 88,000 visa numbers might have not been lost in 2003. Now what happens, those who filed 485 in 2003 (victim of name check delay) will take EB numbers from 2007 or 2008 quota, if FBI clears his/her file in 2007 or 2008. This will push back those who are going to file 485 in 2007 or 2008.

    I am sure you might have read this from murthy's website (http://www.murthy.com/news/n_dosebn.html) or not, but DOS/CA/VO officials shared this piece with them. As per the above article, final quarter quota should not open until Jul 2nd. I understand that agencies can implement and interpret certain stuff, but you cannot interpret and implement one thing on Jun 13th and another on Jul 2nd. If its written into law, that the quarterly allocation is a must, USCIS is in violation and DOS/CA/VO as well for not policing them of visa number usage.


    That why, ombudsman in his 2007 yearly report to Congress recommended to practice the old way of assigning visa number to 485 applicants, to minimize the loss of visa numbers.

    Understood, if they can clear 60K cases in 18 days, I doubt they will have any issues clearing them in 90 days. It goes back to the point of us becoming the biggest hump on USCIS


    There is nothing wrong with DOS to make all categories “current” for a July bulletin as per they definition of demand vs supply estimation to meet the numerical limitations per year. Perhaps the DOS did not aware of other impact of making all categories “current” ie fresh guys entering into I-485 race. Because of “current” there will be additional tons and tons of new filings. The rough estimation is about 500K to 700K new 485s and same amount of EAD and AP applications will be filed in July. But the available number is just 60K, and there are already 40K documentarily qualified 485s are pending more than 6 months to 3 years to take the numbers from remaining 60K pool. That leaves just 20K to fresh 485 filings. If 700K new 485 filed in July, it will choke the system. People have to live only in EAD and AP for next 5 to 10 years.

    For example, an EB3-Indian whose LC approved through fast PERM on July 30th 2007, can apply 140 and 485 on July 31st 2007 as per July visa bulletin. For his PD, it will take another 10 years for the approval of 485. During this 10 year period, he/she has to live in EAD and AP and need to go for finger print every 15 month.

    Therefore by making “current” for all EB categories is a billion dollar mistake by both DOS and CIS first part.. Another mistake is timing of rectifying mistake. USCIS and DOS and law firms should have discussed immediately about the potential chaos about making current and rectified move the cut-off to reasonable period to accommodate additional 20K 485s. If they modified the VB, with in couple of days after July 13, then there wont be a this much stress, time and wastage of money.

    There is nothing wrong in issuing additional advisory notice or modified visa bulletin to control the usage of visa numbers. The only mistake both USCIS and DOS is made is the timing of issuance of modified visa bulletin or advisory notice. It indicates poor transparency in the system and bad customer service. Now, they used all 140K visas this year. Assigning remaining 20K visa numbers to already pending 485s which are not yet documentarily (name check delayed cases) qualified is not the violation of law. It was old practice. In fact, ombudsman recommends it. They have the trump card which is Ombudsman report and recommendations. Therefore they are immune to lawsuit. Therefore, filing the law-suit is not going to help. The only two mistakes I see is 1) making all categories as “current” in June 13 and second is modifying VB only on July 2.

    I think we all agree that there was no need to make every category current given that we know how many will become eligible for 485 filing. How ever, The OB's office will be pretty pissed if they use him as the trump card. Also, I got the annual report from OB's office in email on Jun 12th 07. VB came out on 14th? What you are saying is USCIS has worked over night to analyze OB's report or they had access to OB's report 15-20 days ahead. Everything points to me that there was a lack of communication between the two agencies on an issue with huge stakes.

    My recommendation is to IV is capitalize the situation in constructive way. Law suit only bring media attention with the expense of money and time. The constructive approach is getting an immediate interim relief by legislation to recapture unused visas in previous years to balance the supply vs demand difference.

    We need to do both as the success is not guaranteed in either situation. I do not know if AILF will win the law suit. On the other side, Senators like Kennedy who control immigration issues will not give a damn in the current situation. If the issue gets to a point where USCIS & DOS officials testify before congress, the root problem will be solved. If we just win the lawsuit and get in, USCIS is only going to sulk us for 10 years in the name of security check.In the end, We should be able to portray the whole situation as if USCIS has been put in a ugly predicament to utilize visa numbers under the arcane laws. Bashing DOS & USCIS left and right now is not of any use in the long run.





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  • Saralayar
    07-13 10:37 AM
    Hi,
    All of us are here in US only for $$$$ and nothing else. For what reason you left your country and begging here for GC?. It is all $$$. All Attorneys charge $$$ for even sending you an email reply. Don't blame Murthy alone.:cool:



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  • wait4ever
    09-28 08:48 AM
    I have worked in the EU for more than 6 years - it is a very tough place to work and live - I bet most people here wold not last very long in the EU environment - there is a clear segregation over there huge language issues, huge cultural barriers and serious acceptability hurdles.

    All this blue card business is just talk - Germany had introduced a similar card sometime ago and there was a big rush to get those - after a year most of those cards went un utilized and finally Germany killed the scheme, guess what most folks who landed there had tough time getting stuff done and constantly faced huge social resistance.

    Also building a permanent life in the EU similar to one that most folks are looking for here - is very difficult not mention expensive and forget about career advancement and all that stuff - every time you feel like getting some satisfaction - just fly down to Amsterdam - that is pretty much it.

    The best option for those folks looking to get out of the GC loop is India - that is where the action is if you dont want to stay here.

    Most people who say that EU is a great option are clueless about the real world.

    "Rising Euro - Blue Card - Promising Opportunities in the EU" - what a laugh !

    I would love to find out what is being smoked by folks who come up with these titles - it is probably the same stuff that is being smoked by people who are pushing the DREAM act !!

    Let me hear about your opportunities when you are on a crowded S BAHN in uptown Munich and no one will sit next to you even though the train is packed - people would rather stand than sit on a vacant seat next to you.

    Enough Said.





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  • vivid_bharti
    05-07 12:13 AM
    cool down...I did pay for that effort, I am not a member of donor forum though..If you had contributed for the FOIA effort you would have known the actions IV has taken in donor forum. Its a shame that people like you dont contribute and have audacity to come back and demand answers.



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  • StarSun
    02-07 08:35 AM
    immig4me, can you keep the advocacy thread on the home page in the weekend too?





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  • rustum
    08-21 12:03 AM
    Hi,
    My company filed EAD for me and my wife along with 485 recently. I am on L1 and My wife is on L2. Is is possible to file one more EAD on L2 status. Looks like, we can get EAD on L2 faster than EAD with 485. My company attorney is suggesting me not to file one more EAD because one with 485 is pending with USCIS. Is it ok to file one more with L2? how long it will take to get EAD on 485 and EAD on L2.





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  • arvindkappula
    01-19 12:19 AM
    Since my statement about making copies of offical US documents is causing confusion, let me rephrase & elaborate -

    I, as many of you were, was stopped and requested to provide proof of immigration status. I had a color photocopy of my US Visa Stamp of my passport.

    Besides the fact that the Border Patrol agent denied the photocopy as proof of immigration status, he did let me go as soon as I provided my College ID and a DL, warning me that it is against the law to make a photocopy of an official US IMMIGRATION document FOR PERSONAL USE. I did argue about the scenario if I ended up losing my passport and vital documents, which is why I had made copies. He shook his head and repeated the same - NO PHOTOCOPIES OF OFFICIAL US IMMIGRATION DOCUMENTS FOR PERSONAL USE. So, while you are allowed to provide photocopies of official US documents for official government purposes, you cannot make copies of official US IMMIGRATION documents for personal use. I have a pretty busy schedule so I don't have the patience to search, cut and paste the section of the law which refers to this since I did research this at that time and deemed correct the Border Agent's warning.

    Are you sure that you were able to make a color photocopy of your passport? How did you manage to do that, at your work copy machine or from Kinko's, Staples, office depot, or some where else?

    The reason I am asking is, in FL, recently I tried to take color copies of my passport in Staples, where I was not allowed to take photocopies of passport which was clearly labeled on copy machine and same thing at Kinko's and I wonder how you managed to get color copies.. (sorry folks my questions was way out from the main topic of this post).





    laborchic
    09-19 10:47 AM
    The reason there were so many placards was - we were expecting atleast 10000 people to show up and with the kind of poor response we got, we were expecting atleast 5000 and thats why there was 700 banners ordered.

    If we had the magic figure 10000, the impact could have been marvellous. The banner count would have been appropriate

    With 1500 to 2000 - every individual had a banner or a placard or a flag.


    Mark's speech was hillarious - but had very strong messages - THESE ARE THINGS THAT NEED SPECIAL SKILLS - AND MARK PULLED IT THROUGH EXTREMELY WELL. Mark is a pround member of the Tri State Chapter and his contributions towards the cause are amazing

    Robert Sun (LIA) - was good. Well he was praising Indians and CHinese. Nothing wrong - but yes can be more comprehensive in nature.

    We had people from all nationalities - and a lot of people seem to be silent supporters of IV - very passionate about this organization.

    Jay was at his best - He took on Lou Dobbs - Which was the best part.

    The only lesson I would say that we must learn is - low numbers - YES. The turnout should have been atleast 10000 - though 2000 is good. Just proves how selfish those free riders are who can let down your own community who are helping you.

    I was part of the rally... I am proud of IV and everyone who attended it..WHAT tri-state chapter are you talking about ?? How many people are enrolled in it and how many showed up for the rally???





    kedrex
    07-18 08:03 PM
    bump



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