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  • suriajay12
    04-19 02:09 PM
    I will be sending the following note to my senator and have already posted it to WhiteHouse.gov. I urge all those screwed by the ongoing retrogression to do the same.

    "I am writing to inform you of how the country based quotas imposed on Employment Based green cards are unfair and totally illogical. When I immigrated to the US, I believed that this country was a meritocracy where you were judged based on your abilities and qualities. These country based quotas reward people depending on where they or their ancestors were born. This causes people from India and China to wait over a decade to get a green card whereas someone from another country with similar or lesser abilities can obtain permanent residence in half that time.

    Since these EB category based green cards are awarded for professional skills, imposing a country based quota just does not make any sense. I urge you to work with Congress and change this discriminatory policy and reinforce that America is truly a society that celebrates meritocracy."

    You said "This causes people from India and China to wait over a decade to get a green card whereas someone from another country with similar or lesser abilities can obtain permanent residence in half that time."

    Please change the last part "in half that time" to "as short as 1 year".





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  • roseball
    11-06 05:44 PM
    Yes, I am not taking her words as unwritten law as we all know that NC is killing many people for years. So I would request to take that as a guide line.

    Another meaning I can extract is if today you took infopass for NC and got nothing or "pending" do not bother yourself next 4 months for inquiry.

    On a side note, I was wondering what happens to derivative/secondary beneficiaries 485 applications if the primary beneficiary is stuck in name check.....If secondary beneficiaries are cleared and primary is not, then does USCIS approve GCs for secondary beneficiaries..





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  • mariner5555
    11-21 04:50 AM
    I also work in a IT consulting position but still decided to go ahead and buy a home in St Louis back in September 2007. My 485/EAD/AP was filed in August 2007 and EAD approved a few weeks back. However despite my current situation, I believe buying a home was a wise decision considering the kind of lifestyle and security it provides for you and your family. I know a lot of my friends who decided to take the plunge and bought houses though they were working on H1 and have their GCs pending for a few years.
    Taking a plunge now on EAD is like drowning yourself. prices have not yet come down and will come down by 15-20 % over 5 years. there is talk about recession , job losses and more foreclosures. if you dont need the space ...DONT BUY. most of us dont need more space unless we have 2-3 grown kids who need their own rooms. renting is not same as throwing away money as you get a place to live. how does buying a home give you security ..it is more of a hassle if you are on EAD or H-1 and you need mobility after a job is lost. my friend who has good worldly experience rightly said ..buying a house now is like worrying about one more thing in life.





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  • kode
    02-10 02:17 PM
    i'm starting to believe that you're right ...



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  • senthil1
    03-11 05:18 PM
    INfy and Wipro can use L1 or B1. No need for new visa.

    MSFT do not abuse h1b visa - they maintain their pay scales and follow all rules. When they say they want h1b visa quota available it basically means - they do not want to turn away a talented candidate because of lack of visa. All these companies are genuine in their usage. So they can definitely give a proper response.

    Now for a company like INFY. WIPRO, etc.. - h1b, l1b etc.. is a part of their business modal. They need some visa to bring people in and out as it is a big part of their business. If they really were serious - they must have presented their case and also work with US govt for a different kind of visa that allows them to do their business by convincing the govts about trade etc...

    Now comes the consulting companies. There are companies that genuinely bring people and rotate them at various clients for projects and people stick to them till green card. But due to sheer greed - some of these have abused the system - they have absolutely no sympathy for their acts of greed. The max they can do is threaten, usse small time lawyers, cancel pay, write letters to USCIS to cancel 140 etc... do you expect them to give a proper response to the Senators?





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  • vamsi_poondla
    10-10 05:20 PM
    You may admire them as much as you want but fact is these are just "glorified" bodyshoppers. I meet many workers from these "great" companies at my workplace and see them being treated just as "low cost alternatives" and nothing else by this huge financial company in NY/NJ area. Because of their (INFY, TATA, Wipro, Satyam) "low billing rates" these guys cant afford good lifestyle. And back home in India INFY and TATA CEOs make billions and talk BIG. I've not met any TATA, Satyam guy here who is happy with their employer. They just hate their employers and always looking for a change. I wonder where they stand in terms of employee satisfaction? They treat their people like slave and send them as low cost labor. Not only that - they exploit US immigration rules and make use of L1 to keep their people long term at cliant place when they dont get enough H1.

    No difference from local bodyshoppers! Dont think they are great companies. You may say "you folks are frustrated with these companies". But this is the fact. Period.


    They exploit US immigration rules and make use of L1 to keep their people long term at cliant place when they dont get enough H1. How is it exploiting US immigration rule? Will you crib the same if a Russian gaming company or UK based service company transfers their employers on L1? L1B is for intra-company transfer. Do you know how tough it is to get L1B? Try to go into Chennai consulate with L1B. Big companies are grilled like anything. How much does it cost to hire locally from US and train in all internal processes of SWITCH companies? It will be at least 6 months to become proficient. Can you expect to hire locally and train for 6 months in this competition? Where will the project go? It is not cost effective to get people on L1B and get them do the 'actual' work. Most of us work here as coordinators or client contacts. Not for doing actual work. And in that context there is no rule that is being exploited.



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  • amsgc
    08-05 09:30 PM
    Can you start a poll for EB2-I the years - 02, 03, 04, 05, 06, 07 in this thread?
    It's been a long time since we had an estimate of how many cases are really out there waiting for approval.

    I am trying to keep track of 2004 cases. I think USCIS is not doing fair justice by not giving preference to 2004 cases. Please post your priority date, I-140 approval dates(if approved), I-485 received dates, Name check cleared date(if cleared), finger print cleared date(if you gave finger prints and they got cleared)

    My Details :

    PD : 12/23/2004
    I-140 Approval Date :05/03/2007
    I-485 Received Date : 07/26/2007
    Name Check Cleared.
    Gave Finger Prints.

    I think mine is straight forward case. :confused:





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  • lazycis
    11-30 06:35 PM
    When is this name check reform getting implemented. Why is is so difficult to implement ?

    Because the USCIS did not implement name check procedures properly in the first place - they are not required by law and are not codified in the regulations, the USCIS can implement new procedures simply by issuing inter-office memorandum. One day is enough to do this. I anticipate this may happen within the next two months, more likely early next year. But one can never predict the USCIS, it does not have logical behavior :)



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  • whiteStallion
    05-19 01:54 PM
    Voted !

    Please submit ur answer at this thread.

    http://immigrationvoice.org/forum/showthread.php?p=342110#post342110





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  • USDream2Dust
    04-08 02:40 PM
    www.uscis.gov

    Everything filled up including masters degree H1. All big lotto

    WASHINGTON � U.S. Citizenship and Immigration Services (USCIS) announced today that it has received enough H-1B petitions to meet the congressionally mandated cap for fiscal year 2009. USCIS has also received more than 20,000 H-1B petitions filed on behalf of persons exempt from the cap under the �advanced degree� exemption. Before running the random selection process, USCIS will complete initial data entry for all filings received during the filing period ending on April 7, 2008. Due to the high number of petitions, USCIS is not yet able to announce the precise day on which it will conduct the random selection process.

    USCIS will carry out the computer-generated random selection process for all cap-subject petitions received. USCIS will select the number of petitions needed to meet the caps of 65,000 for the general category and 20,000 under the �advanced degree� exemption limit. USCIS will reject, and return filing fees for all cap-subject petitions not randomly selected, unless found to be a duplicate. USCIS will handle duplicate filings in accordance with the interim final rule published on March 24, 2008 in the Federal Register.

    The agency will conduct the selection process for �advanced degree� exemption petitions first. All �advanced degree� petitions not selected will be part of the random selection process for the 65,000 limit.



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  • amsgc
    07-25 11:44 PM
    I like the way you think.

    I hate to say it but this is starting to sound very much like an Alcoholics anonymous support group session. LOL.

    Let me jump right in!

    Get a grip guys. Life is not so bad. What you guys are worrying about is relatively trivial. The odds are heavily stacked in your favor for you to get the green card eventually, most likely within 2 yrs. I can't fathom another 2 plus years with no legislative relief. In the mean time as long as you stick to AC21 rules, you should have the courage to move jobs. Heck, with EAD, you could even move into something part time and try it out before finally deciding to commit etc. My point is you have tremendous flexibility, enjoy that.

    In the small chance things do not work out, then you have presumably had an opportunity to save enough to purchase a decent home in India(or wherever your home country may be), a car and your line of work(I'm referring to the predominantly IT folks here) is in such international demand that you will be able to earn a livable wage anywhere, including India.

    And here is the real shocker to many of you. There are millions of Americans(probably well over half) who will trade their position in life with you in a heart beat given the privilege, family and social support system, education, world view and demand you are in. Sometimes it is hard to see how blessed you actually are in this world. That is why I have taken a very grim view of people who have compared their issue to slavery etc. That only speaks to their unawareness of that practice.

    Now I know none of this is going to get you your green card tomorrow and improve your mistreatment in this needlessly ridiculous and tortuous green card journey. However I am hoping it atleast gives you some perspective.





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  • psolanki
    07-06 03:09 PM
    http://timesofindia.indiatimes.com/?



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  • plassey
    08-23 03:17 PM
    My apologies to all, I guess I am just having a bad day!:(





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  • raysaikat
    07-19 10:11 PM
    This may not be true. This is the problem being faced by many singles. Ofcourse those singles are postponing their plans just because of USCIS policies which in the case of singles is ridiculous. There is no meaning to make a person wait for 5-10 years to get one's spouse just because he applied for a Green Card. I see various kinds of visas for the spouses in other categories like H1 has H4
    L1 has L2/L4 ( I dont know what that is)
    and so on so forth..

    but for a spouse of AOS? nothing.


    All the crap of going on H1 are ridiculous. At the first place one has to get a sponsor for H1 and then there are all those issues out of being H1 with the employer and USCIS. There is no benefit of being on AOS. They cannot use EAD. They cannot start companies freely, etc because they are supposed to be on H1 or L1 etc.

    Even then the title is misplaced; USCIS does not make laws.



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  • tdasara
    06-10 08:34 AM
    Just a ONE TIME recapture can clear this mess!

    Just ONE TIME!!





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  • getgreensoon
    01-25 03:28 PM
    Full Disclosure.. I am an Indian

    Very glad to see that these people have been caught by the law enforcement agents. These are the people who care candidates for EB1 category for greencards. As most of these join the fake IT bodyshops and show multinational executive experience on their resume. This is not the only university where you see people from Andhra Pradesh misusing law, there are many universities in the same business. I hope to see more enforement like this. I wish the USCIS and other related agencies crack down on the misuse of credential in the greencard process. Most of the IT people with fake experience and reporting structure should be punished for violating law and legitimate people with US education should get their right place in the waiting list.

    My wife is on H4 visa and looking for opportunities. She gets calls from all these consultant who ask her to get on to F1 visa at some community college and then use CPT/OPT for working on their projects.....when i came to this country to study at a top ranked university, i thought F1 visa is for higher education...now it is used in community colleges. New learning everyday!!

    Hope to see more crackdowns .....



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  • kart2007
    05-17 12:52 PM
    First of all make a complaint about the employer to the INS that he is not paying... and make decision, US is not your entire life. If you have confidence you can do anything anywhere in this small world.

    So I assume you told this to your neighbor who lives downstairs :D





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  • VivekAhuja
    03-03 01:14 PM
    How is money safer in your home country than it is here? That is no reason to transfer money.





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  • qvadis
    12-29 12:14 AM
    Being on the other side (EB3-ROW) I read the law a bit differently ;-)

    In short:

    - INA 202 (a) (2) establishes a 7% country limit for both FB and EB categories together and per fiscal year.
    - INA 202 (a) (3) allows to make unused visas available per quarter in excess to the 7% country limit.
    - INA 202 (e) specifies that any visas in excess to 7% must be distributed equally to FB and EB, and each sub-categories.
    - INA 202 (a) (5) gives preference to EB (over FB) and determines the allottment for additional visas with preference to EB1 over EB2, etc.

    INA 202 (a) (5)
    If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.


    I guess the question here is, what does "visas available" in conjunction with INA 203(b) mean.

    INA 203 (b) (3) (EB3)
    [...] Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (1) and (2) [...]


    The way I read it all this is that the rules in INA 203 (b) (1)...(5) should be applied first before INA 202 (a) (5), ie. additional visas are only available if EB-3 ROW is current.

    So, the allottment should work as follows:

    Any unused visas in EB-1 (with regards to 7% country limit) will spill over to EB-2, and unused visas from EB-2 to EB-3, etc. If there are still unused visas, they will be used for countries that are subject to the 7% limit, first in EB-1, then EB-2, etc.




    Even before AC21 rule enacted in 2000, there was no �hard� country cap as per INA then. [...]

    INA 202 (a) (3)

    Therefore, the 7% country cap had always been �soft� till year 2000.

    (*Note: DOS do not mix FB and EB categories for visa number allocation/calculation to meet the per country limit. They keep both in separate track to meet separately the 7% limit)



    I would disagree with the premise in your note. You could also read it that the 7% applies to the sum of both FB and EB categories: "[T]he total number of immigrant visas [...] under subsections (a) and (b) [...] may not exceed 7 percent [...] of the total number of such visas made available under such subsections [...].�

    Subsection (e) actually seems to suggest that any additional visas have to be allotted proportional to FB and EB categories:

    [I]INA 202 (e)
    If it is determined that the total number of immigrant visas [...] will exceed the numerical limitation [...] visa numbers with respect to natives of that state or area shall be allocated (to the extent practicable and otherwise consistent with this section and section 203) in a manner so that -
    (1)
    the ratio of the visa numbers made available under section 203(a) to the visa numbers made available under section 203(b) is equal to the ratio of the worldwide level of immigration under section 201(c) to such level under section 201 (d);



    After year 2000, AC21 has completely removed country cap in each employment category, if excess visas are available in each preference categories.


    I guess the important phrase in the law is IF ADDITIONAL VISAS AVAILABLE. You seem to interpret 203 (b) as only up to 28.5% are available without the ones spilled over from higher categories.





    alisa
    04-14 11:18 AM
    I hope your prayers bring you peace in your life.
    However, prayers might be good only for that. What I say below is directed to people in general, and not to you. So, please don't get offended. I am not suggesting in any way that you are not making any concrete efforts to support IV.

    I bet a lot of people are praying very very hard for their greencards.
    I would like to request them to invest in concrete steps. Give monetary support to IV. Form, or join, a local state chapter. Go meet a lawmaker or his staff. Call them up and talk to their staff. Pray only if you have done all or some of the above. As they say, God helps those who help themselves. Keep up your end of the bargain, and then ask God (of the Holy Flying Spaghetti Monster, or whatever) for help.

    Hi everyone,

    Have a lot of patience my wife and I have been patiently waiting for this and now it's finally here.

    We've been here in different situations below....

    Myself
    1997 - H1B
    2000 - LC filing
    2001 - LC cancelled by company because of 911. If company responded to RFE, Labor could have been certified.
    2006 - Laid off while on 9th yr of H1
    2007 - Back on H1 transfer

    Spouse
    1998 - H1B
    2001 - Filed LC because my company cancelled LC
    2003(Mar) - PD
    2005(Sep) - LC approved
    2005(Dec) - I-140 approved
    2007(Apr) - Can file AOS/EAD now

    The secret.....

    PRAY, PRAY, PRAY. Nothing beats it.

    To those who don't know, it took Noah 120 yrs. of faith and hope to built his arc when he was asked to, by Our Heavenly Father.

    Regards and CONRATULATIONS to all who can file AOS and EAD now.

    More power to IV team.





    hopefull
    07-06 05:14 PM
    As if being a FT employee is a virtue :rolleyes: ...dude you gotta move ur crap somewher else


    Had it not been a virtue, you wouldnt have been on this board for your GC. If you know what I mean. The GC /EAD will give you portability and bargaining power in negotiations for your wages with your employer.

    THINK BEFORE YOUR OPEN YOUR TRAP DUDE...OR YOU WILL BE EMBARASSED



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