jsb
05-29 01:55 PM
Ok, the guy that sets the dates says that he sees no possibility of dates moving forward for EB India and ppl are still thinking there is hope? I am an optimist and try to see the brighter side - and that side here is that we know there is no hope for those past 2005 in the next two years. That to me is sufficient to make decisions and move on. Be it changing to a different job or going back to the home country - most probably the former for me.
Folks, we all agree the news delivered is not good. One good way to work en mass is to send complaints in thousands to the Ombudsman. For more details google for CIS Ombudsman.
Further, if any one is considering to get back home, keep in mind that if you don't contribute to SSA for 10 yrs, your and your employers' contributions are simply lost (with some exceptions for countries with which US has an agreement). To collect SSA at 65 for India/China citizens you need not to be a GC holder. You can collect living in your country. If you are close to 10 yrs, just reach that mark before you make any decisions.
Folks, we all agree the news delivered is not good. One good way to work en mass is to send complaints in thousands to the Ombudsman. For more details google for CIS Ombudsman.
Further, if any one is considering to get back home, keep in mind that if you don't contribute to SSA for 10 yrs, your and your employers' contributions are simply lost (with some exceptions for countries with which US has an agreement). To collect SSA at 65 for India/China citizens you need not to be a GC holder. You can collect living in your country. If you are close to 10 yrs, just reach that mark before you make any decisions.
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apb
12-14 02:24 PM
I really don't see how removing the per country ceilings alone without increasing the anual quota will help the entire comminity. If you do that alone all it will do is make the date retrogressed for all the countries even further. So where's the gain?
Getting the anual quota increased, not counting dependents in the quota and recapturing visas from passed years will help EVERYBODY.
If people want to think that something petty as removing the per country quota is going to solve all our problms then all the best (and God bless us all) ! :cool:
PS - Pardon me if this sounds harsh but this is how I see it.
We need to understand that the basic premise of the removing the per country limit uses the assumption that there is enough visa for all of us. But sadly this is not true. We have ask for increasing the GC limit from 140000 to xyz. The last increase was in 1990 which was after 14 years. Now 18 years have passed and there is no change in that direction.
Increasing limit cannot be fought in the court. It requires changes in law. Removing dependents from EB based GC consumption also cannot be decided in court. But removing per country limit for EB/GC can be decided in court. Just because we are fighting for one does not mean we are ignoring other agendas of IV.
Getting the anual quota increased, not counting dependents in the quota and recapturing visas from passed years will help EVERYBODY.
If people want to think that something petty as removing the per country quota is going to solve all our problms then all the best (and God bless us all) ! :cool:
PS - Pardon me if this sounds harsh but this is how I see it.
We need to understand that the basic premise of the removing the per country limit uses the assumption that there is enough visa for all of us. But sadly this is not true. We have ask for increasing the GC limit from 140000 to xyz. The last increase was in 1990 which was after 14 years. Now 18 years have passed and there is no change in that direction.
Increasing limit cannot be fought in the court. It requires changes in law. Removing dependents from EB based GC consumption also cannot be decided in court. But removing per country limit for EB/GC can be decided in court. Just because we are fighting for one does not mean we are ignoring other agendas of IV.
mundada
06-12 05:11 PM
I hear you buddy but that is what America is and that is what makes America so great. The constant flow of immigrants will always require you to keep upgrading your skills and hence your salary.
The moment you were forced to enroll in MBA in an effort to upgrade your skills and increase your salary means American model and (comparative advantage) economics are working.
The same thing happened in agriculture, then manufacturing, and now IT and other industries. It is inevitable!
By the way, it is not dumping. Here is the real definition of dumping, "the act of a manufacturer in one country exporting a product to another country at a price which is either below the price it charges in its home market or is below its costs of production".
http://en.wikipedia.org/wiki/Dumping_(pricing_policy)
For your information, I was, am and will most likely continue to be affected by the outsourcing/offshoring/onshoring/immigration/etc.
I am simply stumped at the level of comprehension of the folks right here. Let me summarize my views as points and hopefully I will get through to you guys
1. My mention of BITS was not to prove that I was the best and the brightest. It was to prove that my education was NOT subsidized by the govt of India directly or indirectly. Remember passing out of any university doesnt confer the title of the best and the brightest. Unseenguy - If you have kicked the ass of IITians, bitsians etc then consider yourselves genuine. Why this unnecessary trip down "Not confident about myself lane" ?
2. My mention of MSFT was again not to prove that I am part of the best and rightest. It was to prove that I came here not with the value proposition of low costs but with the value proposition of hardwork and some talent. I did not compromise on my pay or did replace any native employee. Oh BTW I left MSFT in 2000
3. My mention of the 3 layoffs and my journey was to inform you guys that whatever is happening now is similar to whatever happened in 2001. I wanted to calm down the nerves of the genuine people. Without reading and comprehending the posts, I get responses like that I was an illegal. Remember I was taken back in for 2 days, 485/AP/EAD applied and my jobless days were with my EAD in hand.
4. One of the reasons, I am against outsourcing companies is that they dump low wage workers. If you guys are aware, every country, including India and US, has anti dumping laws to protect local industries. I am not against offshoring or outsourcing but I am against dumping. Some posters have questioned how I would be affected by all this if I were the among the best and the brightest ? Valid question to a good extent. If you realize that as you age your speed and dexterity at which one adopts newer skills start waning. How long do you think that upgrading skills in a single industry would be possible when you are going to be constantly competing with walmart style options ?
For now I have chosen to enroll myself in an MBA program and I am hoping that my skills wouldn't be diluted. Think about going to school at age 35 with the responsibility of family and kid. This is my last ditch effort in upgrading my skills because it involves a substantial ownpayment. I am not sure about you guys but a 100K investment for school now is huge for me. The big question is, I am able to pull up my last bit of energy to upgrade now but will it be possible 5 years now if these outsourcing companies starting dumping low cost MBAs ? This is what I meant by my quality of life being impacted. If you guys think that you wouldnt go through the same scenario, then you need some serious retrospection.
One last thing I would like to point out the inherent contradiction that the current prospective immigrants are facing today. GC is a process that is there to fill in the lack of skills in the US. However with unemployment running close to 10%, the question arises as to whether to train local populace for these skills. There are just 2 exits out of this contradiction
1. Bring in low cost labor to fulfill this shortage and avoid local training costs
2. Expand on a new idea. Green seems to be the buzzword today.
In my opinion, option 1 is lose lose situation for all including the actual foreign employee who provides the services at a low cost. It is the outsourcing company for sure and probably the hiring company that may benefit. The society as a whole loses. Option 2 is an organic option but is laen with the dangers of delays in take off and boom and bust cycles. This is exactly the reason why I suggested that we cut these outsourcing cs from dumping bodies here. I hope I have clarified my opinions lucidly and hopefully look forward to a mature discussion as opposed to name calling, affronts etc.
The moment you were forced to enroll in MBA in an effort to upgrade your skills and increase your salary means American model and (comparative advantage) economics are working.
The same thing happened in agriculture, then manufacturing, and now IT and other industries. It is inevitable!
By the way, it is not dumping. Here is the real definition of dumping, "the act of a manufacturer in one country exporting a product to another country at a price which is either below the price it charges in its home market or is below its costs of production".
http://en.wikipedia.org/wiki/Dumping_(pricing_policy)
For your information, I was, am and will most likely continue to be affected by the outsourcing/offshoring/onshoring/immigration/etc.
I am simply stumped at the level of comprehension of the folks right here. Let me summarize my views as points and hopefully I will get through to you guys
1. My mention of BITS was not to prove that I was the best and the brightest. It was to prove that my education was NOT subsidized by the govt of India directly or indirectly. Remember passing out of any university doesnt confer the title of the best and the brightest. Unseenguy - If you have kicked the ass of IITians, bitsians etc then consider yourselves genuine. Why this unnecessary trip down "Not confident about myself lane" ?
2. My mention of MSFT was again not to prove that I am part of the best and rightest. It was to prove that I came here not with the value proposition of low costs but with the value proposition of hardwork and some talent. I did not compromise on my pay or did replace any native employee. Oh BTW I left MSFT in 2000
3. My mention of the 3 layoffs and my journey was to inform you guys that whatever is happening now is similar to whatever happened in 2001. I wanted to calm down the nerves of the genuine people. Without reading and comprehending the posts, I get responses like that I was an illegal. Remember I was taken back in for 2 days, 485/AP/EAD applied and my jobless days were with my EAD in hand.
4. One of the reasons, I am against outsourcing companies is that they dump low wage workers. If you guys are aware, every country, including India and US, has anti dumping laws to protect local industries. I am not against offshoring or outsourcing but I am against dumping. Some posters have questioned how I would be affected by all this if I were the among the best and the brightest ? Valid question to a good extent. If you realize that as you age your speed and dexterity at which one adopts newer skills start waning. How long do you think that upgrading skills in a single industry would be possible when you are going to be constantly competing with walmart style options ?
For now I have chosen to enroll myself in an MBA program and I am hoping that my skills wouldn't be diluted. Think about going to school at age 35 with the responsibility of family and kid. This is my last ditch effort in upgrading my skills because it involves a substantial ownpayment. I am not sure about you guys but a 100K investment for school now is huge for me. The big question is, I am able to pull up my last bit of energy to upgrade now but will it be possible 5 years now if these outsourcing companies starting dumping low cost MBAs ? This is what I meant by my quality of life being impacted. If you guys think that you wouldnt go through the same scenario, then you need some serious retrospection.
One last thing I would like to point out the inherent contradiction that the current prospective immigrants are facing today. GC is a process that is there to fill in the lack of skills in the US. However with unemployment running close to 10%, the question arises as to whether to train local populace for these skills. There are just 2 exits out of this contradiction
1. Bring in low cost labor to fulfill this shortage and avoid local training costs
2. Expand on a new idea. Green seems to be the buzzword today.
In my opinion, option 1 is lose lose situation for all including the actual foreign employee who provides the services at a low cost. It is the outsourcing company for sure and probably the hiring company that may benefit. The society as a whole loses. Option 2 is an organic option but is laen with the dangers of delays in take off and boom and bust cycles. This is exactly the reason why I suggested that we cut these outsourcing cs from dumping bodies here. I hope I have clarified my opinions lucidly and hopefully look forward to a mature discussion as opposed to name calling, affronts etc.
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vbkris77
05-29 11:14 AM
So when there is less demand, they screwed us by not processing on-time and when there is more demand, they are processing ROW fast to give them more visas, so there won't be any spill-over. What a convenient system????
Unless we understand that CIS/State is the reason for Visa wastage and not any specific country/group/EB1,EB2 etc.. We will not be able to fight united and till then we will not get this mess cleared.
Mr. Oppenheim explained that a trickling effect of unused visa numbers between EB categories has helped keep EB1 and EB2 categories current in prior years. However, due to the processing of a high number of applications, this trickling effect has already occurred, but is not expected to occur again in FY2009. Mr. Oppenheim attributed this to the hard work of the U.S. Citizenship and Immigration Services (USCIS), as well as that of the DOS, as they have succeeded in processing enough cases to likely use all available visa numbers from all categories for FY2009. He stated that the DOS and the USCIS are supposed to process enough cases to use the annual allotment of visa numbers and not leave any available visas unused and wasted in any fiscal year.
Unless we understand that CIS/State is the reason for Visa wastage and not any specific country/group/EB1,EB2 etc.. We will not be able to fight united and till then we will not get this mess cleared.
Mr. Oppenheim explained that a trickling effect of unused visa numbers between EB categories has helped keep EB1 and EB2 categories current in prior years. However, due to the processing of a high number of applications, this trickling effect has already occurred, but is not expected to occur again in FY2009. Mr. Oppenheim attributed this to the hard work of the U.S. Citizenship and Immigration Services (USCIS), as well as that of the DOS, as they have succeeded in processing enough cases to likely use all available visa numbers from all categories for FY2009. He stated that the DOS and the USCIS are supposed to process enough cases to use the annual allotment of visa numbers and not leave any available visas unused and wasted in any fiscal year.
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okuzmin
09-30 04:29 AM
HI can some body answer if we can apply for canadian PR with H1 B valid for less than 1 year.
For canadian citizenship you have to be in canada for 2 yr(physicaly) and after 3 yr after stamping
You can apply for Canadian PR while staying in the USA if you can demonstrate that you have entered the USA legally and stayed in the country legally for at least one year. That's what Canadian law says. I'm too lazy to look for the actual law -- just google it. ;)
You can apply for the Canadian citizenship after staying in Canada for three years out of four. Of these three years, you must be a PR for at least two years.
http://www.cic.gc.ca/english/citizen/becoming-howto.html
For canadian citizenship you have to be in canada for 2 yr(physicaly) and after 3 yr after stamping
You can apply for Canadian PR while staying in the USA if you can demonstrate that you have entered the USA legally and stayed in the country legally for at least one year. That's what Canadian law says. I'm too lazy to look for the actual law -- just google it. ;)
You can apply for the Canadian citizenship after staying in Canada for three years out of four. Of these three years, you must be a PR for at least two years.
http://www.cic.gc.ca/english/citizen/becoming-howto.html
vivid_bharti
05-01 11:02 PM
You post tells me you still didn't understand the difference between LTTE and Srilankan Tamil civilians, probably you are still grief striken because of the loss of your "Beloved PM"..
[QUOTE=Originally Posted by Keeme
Pandey - I no longer wonder why Mulayam/Mayavati/ Lalu and Paswan rule in UP & Bihar.QUOTE]
Keemy this itself shows how intolerant you are . On one side you are trying to profess the cause of people from your community from a different country and on the other hand trying to denigrate people from another region from your own country .
Just because my handle is Pandey you assumed that I am from UP , Bihar and look and behave like the great Mulayam and Lalu and Paswan.
For your information I have never been to UP or Bihar in my life except once as a tourist nor my parents .
Your love for Srilankan Tamils seems to be a lot more than your love for your own countrymen.
Everyone else can decide what you are.
As for me I am an Indian - nothing else nothing more.
To Ms. Rambha - When India interfered in East Pakistan to create Bangladesh don't for a moment believe it was to save the Bangladeshis from suffering . Please read the full war history. In any case we are paying the price for that with more terrorists coming from Bangladesh.
We have paid the price for Srilanka also with IPKF soldiers getting killed in 1987 and then LTTE killing our beloved PM.
Peace.. I am out ..no more postings on this thread where people from my own country write words of hate for me out of their love for foreigners .
[QUOTE=Originally Posted by Keeme
Pandey - I no longer wonder why Mulayam/Mayavati/ Lalu and Paswan rule in UP & Bihar.QUOTE]
Keemy this itself shows how intolerant you are . On one side you are trying to profess the cause of people from your community from a different country and on the other hand trying to denigrate people from another region from your own country .
Just because my handle is Pandey you assumed that I am from UP , Bihar and look and behave like the great Mulayam and Lalu and Paswan.
For your information I have never been to UP or Bihar in my life except once as a tourist nor my parents .
Your love for Srilankan Tamils seems to be a lot more than your love for your own countrymen.
Everyone else can decide what you are.
As for me I am an Indian - nothing else nothing more.
To Ms. Rambha - When India interfered in East Pakistan to create Bangladesh don't for a moment believe it was to save the Bangladeshis from suffering . Please read the full war history. In any case we are paying the price for that with more terrorists coming from Bangladesh.
We have paid the price for Srilanka also with IPKF soldiers getting killed in 1987 and then LTTE killing our beloved PM.
Peace.. I am out ..no more postings on this thread where people from my own country write words of hate for me out of their love for foreigners .
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drirshad
07-03 06:27 PM
Wish the Senators a Happy Independence Day in the mail ....
Lets go guys its time to fill up those emails and fax machines .....
Lets go guys its time to fill up those emails and fax machines .....
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pappu
06-02 10:46 AM
country quota is not racial discrimination...u must be a fool to say that.
To change the country quota..they have to change the whole philosophy of immigration in this country... Equal opportunity for all...
Its absurd to try to change the country quota..we must try for recapture..instead..
Then how do you explain no country quotas for undocumented in CIR?
We need to strongly oppose reasons that we hear in favor of quotas because country quota is discriminatory.
To change the country quota..they have to change the whole philosophy of immigration in this country... Equal opportunity for all...
Its absurd to try to change the country quota..we must try for recapture..instead..
Then how do you explain no country quotas for undocumented in CIR?
We need to strongly oppose reasons that we hear in favor of quotas because country quota is discriminatory.
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Kodi
05-25 01:11 PM
This is very true. When your passport is from a 3rd world country they give you such a hard time.
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dilipcr
06-12 03:53 AM
dilipcr,
Don't tell us you are trying to save america for americans ( now that you are going to be a citizen)
Nope I am not. I am suggesting that first let the deserving get the GCs and not waste time fighting for all
You are just trying to close the door behind you.
Nope. I want the deserving people to come in. My criterion for a deserving guy is that the person works directly for a company. If you believe my criterion is flawed then call it out. Dont go about saying that I have selfish motives. wage destruction not just affects me but also the future IV GC holders and citizens. So whats wrong in my calling it out ?
You think Grassley bill is good for everyone. Yeah sure it is good for you !
Yes everyone in America for sure and it includes the current H1bs and prospective GC holders
You have begun to think like loosers guild( aka programmers guild)
If by saying that the deserving should get the first opportunity to get in, I belong to the losers guild, then I salute your critical reasoning
You claim the fittest will survive and you don't need any luck to survive. However you had your round of layoffs too. That is a fact of american job market. Luck does play a lot in people's lives especially here in US. I have heard of an IBM engineer who was laid off during 2001 recession. He had 2 patents under his belt. So nobody is immune to luck factor.
There you go. No wonder I still come across the favorite Indian past time of attributing everything to luck. Yes I had my share of layoffs. Why isnt it viewed from a point of view of my tenacity of survive, hang on and push harder ? Why should it be luck that aided me ? So you want to twiddle your thumb hoping that luck would take you through this journey ? Why not take some action ? If I had sat in a corner weeping and blaming luck for my 3 layoffs in 1 year, i would not have been whatever I am today.
Now that you have become a GC holder and soon going to be a citizen, you are so much worried about the wage levels and and L1 visas. You are ok with H1Bs because you were on H1B earlier in your life.
Yes I was a H1B to start with. But I did not represent an outsourcing company or a body shopping company. I was hired by a top notch company named MSFT. Ever heard of the spell check and grammar check algorithm in MS Word ? I had put in my 2 humble cents in developing an algorithm for MS Word 97 product then.
Did you ever worry about depressing citizen's wages when you were on H1B ?
You still think that I joined MSFT then after depressing a citizen's wage.
It is one thing to be so self centered, another to say it aloud on a prospective immigrant's forum like IV.
If my self interest would serve a great good for the deserving what is wrong in that ?
BTW america is the best place to do business. If you feel threatened by more work force entering USA, become an entrepreneur like Vivek Wadhwa, not a loser like Ron Hira.
Aren't we Indians a bunch of crabs !
Dude, Read Vivek Wadhwas findings carefully. He wants the best and the brightest to be provided unlimited visas. I agree with him completely. He is not for perpetual fraud and wage destruction as proferred by the outsourcing companies. Next time when you quote a defence, atleast quote something that supports your case not the opponent's :-)
Don't tell us you are trying to save america for americans ( now that you are going to be a citizen)
Nope I am not. I am suggesting that first let the deserving get the GCs and not waste time fighting for all
You are just trying to close the door behind you.
Nope. I want the deserving people to come in. My criterion for a deserving guy is that the person works directly for a company. If you believe my criterion is flawed then call it out. Dont go about saying that I have selfish motives. wage destruction not just affects me but also the future IV GC holders and citizens. So whats wrong in my calling it out ?
You think Grassley bill is good for everyone. Yeah sure it is good for you !
Yes everyone in America for sure and it includes the current H1bs and prospective GC holders
You have begun to think like loosers guild( aka programmers guild)
If by saying that the deserving should get the first opportunity to get in, I belong to the losers guild, then I salute your critical reasoning
You claim the fittest will survive and you don't need any luck to survive. However you had your round of layoffs too. That is a fact of american job market. Luck does play a lot in people's lives especially here in US. I have heard of an IBM engineer who was laid off during 2001 recession. He had 2 patents under his belt. So nobody is immune to luck factor.
There you go. No wonder I still come across the favorite Indian past time of attributing everything to luck. Yes I had my share of layoffs. Why isnt it viewed from a point of view of my tenacity of survive, hang on and push harder ? Why should it be luck that aided me ? So you want to twiddle your thumb hoping that luck would take you through this journey ? Why not take some action ? If I had sat in a corner weeping and blaming luck for my 3 layoffs in 1 year, i would not have been whatever I am today.
Now that you have become a GC holder and soon going to be a citizen, you are so much worried about the wage levels and and L1 visas. You are ok with H1Bs because you were on H1B earlier in your life.
Yes I was a H1B to start with. But I did not represent an outsourcing company or a body shopping company. I was hired by a top notch company named MSFT. Ever heard of the spell check and grammar check algorithm in MS Word ? I had put in my 2 humble cents in developing an algorithm for MS Word 97 product then.
Did you ever worry about depressing citizen's wages when you were on H1B ?
You still think that I joined MSFT then after depressing a citizen's wage.
It is one thing to be so self centered, another to say it aloud on a prospective immigrant's forum like IV.
If my self interest would serve a great good for the deserving what is wrong in that ?
BTW america is the best place to do business. If you feel threatened by more work force entering USA, become an entrepreneur like Vivek Wadhwa, not a loser like Ron Hira.
Aren't we Indians a bunch of crabs !
Dude, Read Vivek Wadhwas findings carefully. He wants the best and the brightest to be provided unlimited visas. I agree with him completely. He is not for perpetual fraud and wage destruction as proferred by the outsourcing companies. Next time when you quote a defence, atleast quote something that supports your case not the opponent's :-)
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grupak
12-14 01:13 PM
--Grupak, I wasn't talking about the law here. It was villamonte, I was just requesting him to be polite. The thing I agreed about him was that we cannot call country cap quota as discrimination.
I know, I accidently quoted you instead of villamonte6100. Sorry about that.
I know, I accidently quoted you instead of villamonte6100. Sorry about that.
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voldemar
03-27 10:22 AM
My Q' was, if it becomes effective on 27th April, will USCIS reject all pending cases ?It depends on wording in final memo. Nobody knows what is there. The only text we know is that was published for comments. There could be changes after comments period. Without changes all pending sub cases (without approved I-140) will be denied.
Edit: It seems that Murthy doesn't agree with me :). Let's see.
Edit: It seems that Murthy doesn't agree with me :). Let's see.
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unseenguy
05-29 11:47 AM
Guys : Once again I would suggest not to use tunnel vision. I personally know one case of EB1 in cognizant where one of my closest friends who never scored more than me in college exams and doesnt make more than I do got his GC in EB1.
Whatever Mr Oppenheim is saying is precise bullshit! Its all political. He is a bureaucrat who needs to defend the political policies. Where have we seen any transparency? Is there any transparency to the whole process?
If Mr Oppenheim has numbers so handy, can he explain why there are wild swings in visa bulletin and not a computerized FIFO policy. I can understand some 15-20% overlap for cases stuck in name check, unapprovable, etc etc. But every month/year visa bulletin swings like a pendulum which doesnt know which way is the right way.
If you complain about EB1, your friends will also lose GCs and no body will get GC. With that you are effectively saying, I dont get GC, even X should not get GC.
Although I think EB1 problem is largely restricted to Cognizant and needs to be addressed.
Whatever Mr Oppenheim is saying is precise bullshit! Its all political. He is a bureaucrat who needs to defend the political policies. Where have we seen any transparency? Is there any transparency to the whole process?
If Mr Oppenheim has numbers so handy, can he explain why there are wild swings in visa bulletin and not a computerized FIFO policy. I can understand some 15-20% overlap for cases stuck in name check, unapprovable, etc etc. But every month/year visa bulletin swings like a pendulum which doesnt know which way is the right way.
If you complain about EB1, your friends will also lose GCs and no body will get GC. With that you are effectively saying, I dont get GC, even X should not get GC.
Although I think EB1 problem is largely restricted to Cognizant and needs to be addressed.
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_TrueFacts
09-04 03:26 PM
apt29,
It is a countries effective system that drives people and in turn it is, it's people drive that the Country back to modernization.
What comes in is what goes back.
And in India. We don't have a system...except for reservations. and people like YSR use it their fullest advantage.
It is a countries effective system that drives people and in turn it is, it's people drive that the Country back to modernization.
What comes in is what goes back.
And in India. We don't have a system...except for reservations. and people like YSR use it their fullest advantage.
more...
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imm_pro
09-23 11:10 AM
i think this proposal is a very good way to grab some desperately needed attention for skilled immigrants....i will start customizing the letters now..
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mchundi
01-09 02:11 PM
I just got to this site via from immigration portal.
I have been reading a lot in the other forum and here about the ways to cure retrogression. Lobbying for more Visa's and other things that were part of the S.1932 bill are fine, however these things are not going to solve the retrogression problem even if such a bill gets passed.
No one seems to be talking about the real problem that is Labor Substitution. Abolishing Labor Substitution will itself take care of every retrogression problem.
The INS does not have the right tools to police the misue of this rule. This is resutling in a lot of problems for even those employees whose Labor's get substituted even if they are still working in the same company.
Any effort to reform immigration should start with first reforming the Labor Substitution rule (if not completely abolish).
I know that all the companies/employers and the lawyers community are against removing the Labor substitution, therefore it will never be removed, but atleast it should be reformed so that it can be better policed so that no one is able to misuse it and play with peoples lives. And in turn add to retregression.
Following reforms are needed in Labor Substitution.
- First thing in the Labor Substitution reform is related to the Priority date. The Priority Date for a substituted Labor should the date when the Labor is substituted (or the I-140 filing date). It should not be be the date when the Labor was originally filed. This in itself will solve 90% of the problems related to retrogression.
- When a Labor is substituted it should be verified immediately to find if there is any I-140 or I-485 that is pending based on this Labor. If so then the Labor should be rejected immediately. Currently this is not done at the time the Labor is substituted, therefore the resulting 485 filing just amounts to add up into the backlog of Visa Number requirement, until the priority date becomes current for this 485.
- If an employee invokes the AC21 then that Labor should not be allowed to be substituted.
- There should be a limit to the time until which a Labor can be substituted. This could be debatable and could have other consequences, as the INS could invalidate any GC application that is been pending for more than the this duration.
In short the Labour substitution rule is in a mess and is getting miused a lot. People are getting fooled by the employers, and ultimately its making the retrogression more worse.
neocor
Probably true,
I think the DOL/USCIS(I dont know who) is moving in this direction.
The real problem is the 7% limit per country and the time it takes for one to go thru the 3 steps.
There r several people who have started G.C process several times for different reasons. This slows them (DOL/USCIS) down and remember this is like a chain reaction until u stop applying for a G.C or AC21 kicks in.
Bill Clinton signed some immigration relief for the illegal immigrants just before he left without allocating any resources to process them. Close to 300,000 illegal immigrants filed their labor before Apr 2001. This brought the DOL to a halt and it couldnot recover for 2 years. Finally the BEC's were created to resolve the mess created by the new law. They did not sove the problem but addressed it to some extent. For some it became worse.
In the meantime several VISA numbers went unused because the DOL probably scrutinized the cases more thoroughly and probably there were more rejections by USCIS
The reason why so many people look for loop holes is because of the inordinate delay in the process.
I guess the situation will only become worse unless those who got their labor get to apply for 485 and get portability thru AC21 or dropout altogether.
The problem with labor is partly addressed thru PERM. Over the next couple of years the BEC's eliminate the backlog and soon everybody will be in the hunt for the VISA numbers.
The best that can be done now is the fight for more VISA numbers and be able to file for I485 whether a VISA number is available or not or anything that addresses this like
1: increase the overall VISA numbers (McGain && Kennedy)
2: capture unused VISA numbers
3: Cap not being applicable for those with Masters degree in ---- && 3+ years exp before starting the G.C process (Sen. Chuk hagel)
4: Being able to file I-485 even with no VISA number(failed S-1932)
--MC
I have been reading a lot in the other forum and here about the ways to cure retrogression. Lobbying for more Visa's and other things that were part of the S.1932 bill are fine, however these things are not going to solve the retrogression problem even if such a bill gets passed.
No one seems to be talking about the real problem that is Labor Substitution. Abolishing Labor Substitution will itself take care of every retrogression problem.
The INS does not have the right tools to police the misue of this rule. This is resutling in a lot of problems for even those employees whose Labor's get substituted even if they are still working in the same company.
Any effort to reform immigration should start with first reforming the Labor Substitution rule (if not completely abolish).
I know that all the companies/employers and the lawyers community are against removing the Labor substitution, therefore it will never be removed, but atleast it should be reformed so that it can be better policed so that no one is able to misuse it and play with peoples lives. And in turn add to retregression.
Following reforms are needed in Labor Substitution.
- First thing in the Labor Substitution reform is related to the Priority date. The Priority Date for a substituted Labor should the date when the Labor is substituted (or the I-140 filing date). It should not be be the date when the Labor was originally filed. This in itself will solve 90% of the problems related to retrogression.
- When a Labor is substituted it should be verified immediately to find if there is any I-140 or I-485 that is pending based on this Labor. If so then the Labor should be rejected immediately. Currently this is not done at the time the Labor is substituted, therefore the resulting 485 filing just amounts to add up into the backlog of Visa Number requirement, until the priority date becomes current for this 485.
- If an employee invokes the AC21 then that Labor should not be allowed to be substituted.
- There should be a limit to the time until which a Labor can be substituted. This could be debatable and could have other consequences, as the INS could invalidate any GC application that is been pending for more than the this duration.
In short the Labour substitution rule is in a mess and is getting miused a lot. People are getting fooled by the employers, and ultimately its making the retrogression more worse.
neocor
Probably true,
I think the DOL/USCIS(I dont know who) is moving in this direction.
The real problem is the 7% limit per country and the time it takes for one to go thru the 3 steps.
There r several people who have started G.C process several times for different reasons. This slows them (DOL/USCIS) down and remember this is like a chain reaction until u stop applying for a G.C or AC21 kicks in.
Bill Clinton signed some immigration relief for the illegal immigrants just before he left without allocating any resources to process them. Close to 300,000 illegal immigrants filed their labor before Apr 2001. This brought the DOL to a halt and it couldnot recover for 2 years. Finally the BEC's were created to resolve the mess created by the new law. They did not sove the problem but addressed it to some extent. For some it became worse.
In the meantime several VISA numbers went unused because the DOL probably scrutinized the cases more thoroughly and probably there were more rejections by USCIS
The reason why so many people look for loop holes is because of the inordinate delay in the process.
I guess the situation will only become worse unless those who got their labor get to apply for 485 and get portability thru AC21 or dropout altogether.
The problem with labor is partly addressed thru PERM. Over the next couple of years the BEC's eliminate the backlog and soon everybody will be in the hunt for the VISA numbers.
The best that can be done now is the fight for more VISA numbers and be able to file for I485 whether a VISA number is available or not or anything that addresses this like
1: increase the overall VISA numbers (McGain && Kennedy)
2: capture unused VISA numbers
3: Cap not being applicable for those with Masters degree in ---- && 3+ years exp before starting the G.C process (Sen. Chuk hagel)
4: Being able to file I-485 even with no VISA number(failed S-1932)
--MC
more...
makeup selena gomez who says music
eyeswe
07-21 04:33 PM
I think we have met somewhere OR I have seen you somewhere...
Would you like to be financially independent?
Are u from XYZ Engg College in Mumbai
The Amway cheer ...
... There is lot of excitement in this room with X,Y,X, A etc.. and this excitement is going all the way to P, Q, R on the phone.. Heyyyyyyyyyyyyyyyy Heyyyyyy, Heyyyyyy, Heyyyyyyy " and folks jump around to show the excitement
Needless to say I have been in several Amway bait situations. My room mates were Amway folks and we use to have several meetings at my place -- upline, downline used to be the manthra...
Would you like to be financially independent?
Are u from XYZ Engg College in Mumbai
The Amway cheer ...
... There is lot of excitement in this room with X,Y,X, A etc.. and this excitement is going all the way to P, Q, R on the phone.. Heyyyyyyyyyyyyyyyy Heyyyyyy, Heyyyyyy, Heyyyyyyy " and folks jump around to show the excitement
Needless to say I have been in several Amway bait situations. My room mates were Amway folks and we use to have several meetings at my place -- upline, downline used to be the manthra...
girlfriend Selena Gomez#39;s A Year Without
willigetagc
07-26 08:44 AM
If USCIS follows Vertical Policy after EB-3 becomes current, all the remaining visas will go to EB-2 India/China and will be used up completely. With the volume of demand for EB-3 India, unless some legislative relief comes EB-3 India's problem will not be solved.
However, by following horizontal policy, if EB-2 India/China is cleared and made current, Any spillover in EB-3 should be equally shared and EB-3 India's share will improve but in miniscule way.
Fighting for legislative relief is the only way out for EB-3 instead of dividing our community between EB-2 and EB-3
I dont think the situation is that bleak. What would happen when EB3 ROW is unable to use up all the spillovers from EB2? The excess would go to EB3 I, right?
In the past 4+ years, the annual H1 queue is just 65K. So the input into the EB queue must have moderated quite a bit.
However, by following horizontal policy, if EB-2 India/China is cleared and made current, Any spillover in EB-3 should be equally shared and EB-3 India's share will improve but in miniscule way.
Fighting for legislative relief is the only way out for EB-3 instead of dividing our community between EB-2 and EB-3
I dont think the situation is that bleak. What would happen when EB3 ROW is unable to use up all the spillovers from EB2? The excess would go to EB3 I, right?
In the past 4+ years, the annual H1 queue is just 65K. So the input into the EB queue must have moderated quite a bit.
hairstyles gomez+who+says+video+pics
dealsnet
09-03 05:45 PM
I am from Kerala. not from AP.(studied in Bangalore and have friends from almost every state from India) I AM NOT A REDDY OR RAO.
Some of my friends are from Bihar (CHILDREN OF MP'S, MLA) go home for elections and lead booth capturing. They shared their experience with me.
CASTE POLITICS IS A THE RESON FOR ALL NEGATIVE COMMENTS.
IN KERALA, CASTE POLITICS IS EXISTS (just pick a candidate for a constituency), BUT NOT IN THE RANGE OF OTHER INDIAN STATES. (ESPECIALLY NORTH INDIA)
Let the people from AP, comment about him. If they give him second time, it is clear that majority like him. No doubt about it. If he is not good, why you people campaign against him by blogs for go to India and vote against him ???
I DIDN'T SUPPORT ANY POLITICIANS. But have a sympathy for a dead person and other 5 people in the accident.
This can happen to any one of us at any time. Do not rejoice in Tragedies.
You claim that you dont know him and your only knowledge of him is through reading the news and yet you argue against those ruled by him. Did it ever occur to you that these people might know more things (that are not reported) than you do ?
Welcome dealsnet reddy.
Some of my friends are from Bihar (CHILDREN OF MP'S, MLA) go home for elections and lead booth capturing. They shared their experience with me.
CASTE POLITICS IS A THE RESON FOR ALL NEGATIVE COMMENTS.
IN KERALA, CASTE POLITICS IS EXISTS (just pick a candidate for a constituency), BUT NOT IN THE RANGE OF OTHER INDIAN STATES. (ESPECIALLY NORTH INDIA)
Let the people from AP, comment about him. If they give him second time, it is clear that majority like him. No doubt about it. If he is not good, why you people campaign against him by blogs for go to India and vote against him ???
I DIDN'T SUPPORT ANY POLITICIANS. But have a sympathy for a dead person and other 5 people in the accident.
This can happen to any one of us at any time. Do not rejoice in Tragedies.
You claim that you dont know him and your only knowledge of him is through reading the news and yet you argue against those ruled by him. Did it ever occur to you that these people might know more things (that are not reported) than you do ?
Welcome dealsnet reddy.
sachug22
09-15 01:53 PM
Jerome and scchug22, Would you mind kindly reconcile or revela source.
My data is for all approved PERM case all countries in 2005 (so is incomplete).
My data is for all approved PERM case all countries in 2005 (so is incomplete).
dan19
05-09 02:38 PM
1. Birth certificates: They are asking for the Birth Certificates with the application. I and my wife don't have our birth registered in India. Can we provide birth certificates that the Indian embassy sends for this purpose? For US I-485, we were planning to use Non-availability certificates.
>> Canada Accepts Birth Certificates from the embassy.
2. Experience Letter: Will a notarized letter from colleague work for showing work-exp in India. Please note that I already have over 4 yrs of experience in US after that - for which I will manage to get a work exp letter from my company.
>>4 yrs in US should be sufficient. You can just put those 4 yrs of exp in the work exp. sheet they provide. Just ignore the others, else be prepared to answer any queries about it like paystubs, offer letter etc.
3. Status in US: My H1B is valid until Oct 2009, but I don't have the visa stamped on my passport (last H1B visa stamp expired). Can I send a copy of I-797 to prove my status? Also, my wife's F-1 visa has expired but she has a valid I-20 until Dec 2007. Can I send copy of I-20 for proving her valid status in US?
>>You don't need a passport stamp
* I am providing these answers based on my experience. I got my Canadian PR. But please cross-check.
>> Canada Accepts Birth Certificates from the embassy.
2. Experience Letter: Will a notarized letter from colleague work for showing work-exp in India. Please note that I already have over 4 yrs of experience in US after that - for which I will manage to get a work exp letter from my company.
>>4 yrs in US should be sufficient. You can just put those 4 yrs of exp in the work exp. sheet they provide. Just ignore the others, else be prepared to answer any queries about it like paystubs, offer letter etc.
3. Status in US: My H1B is valid until Oct 2009, but I don't have the visa stamped on my passport (last H1B visa stamp expired). Can I send a copy of I-797 to prove my status? Also, my wife's F-1 visa has expired but she has a valid I-20 until Dec 2007. Can I send copy of I-20 for proving her valid status in US?
>>You don't need a passport stamp
* I am providing these answers based on my experience. I got my Canadian PR. But please cross-check.
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