Friday, July 1, 2011

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  • sdrblr
    06-01 10:37 PM
    I do not agree ,
    They should not deduct SS/Medicare taxes, If i am not eligible for it.

    So basically you pay for a CAR , and you dont get the delivery.. What do you do??

    We have been trying for the recapture. And i see no success, or even close to sucess.
    A good lawyer, can prove that the country quota is a racial discrimination or is unconstiitutional.

    I may be wrong , and this is just my opinion.

    buddy, you are paying for somebody else now :D. By the time most of us are eligible, there will be no SSN as it will be bankrupt soon :cool:





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  • mallu
    05-14 03:09 AM
    http://www.rediff.com/money/2007/may/14it.htm

    Are those returned due to --ssed of immigration system here ?





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  • breddy2000
    09-24 06:09 PM
    If you see the numbers for EB2 ROW there are still 7000 visas pending.
    Offcourse many are from 2007 and 2008

    How is it possible?Is it not EB2 ROW and EB1 was always current?

    1997 1
    1998 3
    1999 1
    2000 11
    2001 47
    2002 67
    2003 69
    2004 219
    2005 493
    2006 973
    2007 1,531
    2008 3,473
    2009 262
    Grand Total 7,150



    Also EB1 has the following data

    1997 4
    1998 1
    1999 0
    2000 1
    2001 32
    2002 57
    2003 32
    2004 29
    2005 41
    2006 135
    2007 537
    2008 898
    2009 710
    Grand Total 2,477

    Does this mean this data is not accurate as of date. So if it means that all of those applications are approved as of today there are no more EB2 ROW 485 applications pending for FY 2010 apart from the recently filed in PERM stage?





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  • vdlrao
    07-21 05:08 PM
    For 2007 we had an availability of 226,000 Family Based Visas. But the issued visas in 2007 in Family Based are 194,900 visas. That means there are 226,000 MINUS 194,900 = 31100. These 31,100
    unused Family Based Visas have been made available for 2008 Employment Based Visas of 140,000. And USCIS has 28,795 unused VISAS of American Competitiveness in the 21st Century Act of 2000 (AC21).


    American Competitiveness in the 21st Century Act of 2000 (AC21) had recaptured 130,107 visas.
    Out of that 94,000 were used in 2005.
    7,312 were used in 2007.

    So dont know when the available 28,795 unused VISAS of AC21 will be used again.



    The unused family based visas of 2007 are 31,100 , which are going to be added for Employement Based Visas of 2008. So the total Employment based visas for 2008 are 140,000 + 31,100 = 171,100.

    Theses 171,100 EB Visas of 2008 will be split like, asuming USCIS is not using the availble 28,795 unused VISAS of AC21 below.


    (If USCIS decides to use some or all of 28,795 unused VISAS of AC21, then the available Employment Based VISAS of 2008 increases accordingly. )

    28.6 percent each EB1, EB2 and EB3. 48934 VISAS for Each Category.
    And 7.1 percent each EB4 and EB5. 12148 VISAS for the last two EB categories.


    So in 2008 the total Visas for EB1 and EB2 are 48934 + 48934 = 97868 plus unused EB4 and EB5 visas of 2008.



    The total EB5 Visas usage never crossed 824 in the past 10 years(Average Usage is 376/year).

    So there would be 11148 visas available for EB1 from EB5 (assuming 1,000 visas are used in EB5 which is highly impossible)

    The unused EB4 Visas may be couple of thousand or null, based on the past 10 years EB4 usage (7,223 is the average usage)

    Assume there are only 2,000 EB4 VISAS unused in 2008 (defenitely it would be more unused).

    So IN THE WORST CASE the total EB1 and EB2 Visas for 2008 are

    48934 + 48934 + 11,148 + 2,000 = 111,016


    IN THE BEST CASE, ASSUMING USCIS USES ALL 28,795 unused VISAS of AC21 FOR 2008 AND THERE WOULD BE 5,000 UNUSED EB4 VISAS, THE TOTAL EB1 AND EB2 VISAS FOR 2008 ARE GOING TO BE 111,016 +3,000(EB4)+ 2*(28,795/3) = 111,016 +3,000+19196 = 133,212



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  • gcdreamer05
    07-17 11:50 AM
    Hi Attorney,

    My friend has an I-140 EB3 priority date oct 2005 approved and he had filed for 485 during july 2007.

    He also has another approved LC under EB2 category and he has to file I-140 now.

    In August 2008, the EB2 priority date becomes current for him since if he interfiles he would get oct 2005 on his new I-140.

    Since he would be porting his EB3 PD to EB2 I-140, is it allowed that now in august he can file both I-140 & I-485 along with porting PD request.

    or should he only file I-140 with porting request alone.

    Does USCIS still allow concurrent filing and in this scenario can he file concurrently.

    What happens to his earlier 485, does he need to withdraw it or how does it work. He is still working on his h1b now.

    What will happen to the EAD which was recieved but not yet used. For the new 485 will he get a new EAD or how does EAD depend on changes to 485.

    Please clarify.

    Thanks.





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  • mirage
    03-30 04:30 PM
    In my opinion MMS may be a nice person and may be a good economist, but it wasn't him who was running the govt. and it will not be him if he comes back again. It is a very common practice in India, a chemist will run a chemist shop but the License is in somebody else's name. Here also same thing happened, you saw Manmohan Singh on PM's chair, but it was somebody else who was running the show, and it is deception & dishonesty to your voters. I always see a "Culprit" in his eyes, which is either hiding something or is guilty. Observe him on TV, he's mostly not making too much eye contact, he know he is guilty of deception....
    He also headed one of the most corrupt & criminal cabinets in the history of India. People like Taslimuddin, Shibu Soren , Jagdish Tytler, Lalu had several criminal cases against them. On the contary you may not personally Like LK Advani, It's not just him who's going to rule the country if he comes to power. It'll be the whole cabinet, most what was during Vajpayee govt. which was much cleaner & much more agressive on developmental issues, they worked on certain agendas, lot of places where you see growth, were actually the good work done by the NDA govt. You may praise Laloo for all the Railway turn around, but the reality is the foundation was layed by then Railway Minister "Nitish Kumar", AI/AI became profitable under "Rajiv Pratap Rudy" . There were people like "Suresh Prabhu", "Yashwant Sinha", "Arun Shourie", all of them did tremendous Jobs in their cabinet. Yes...only that puupet brought those changes and reforms. I dont have any issues for Mr. Advani, but please show me some track record as he was part of the ruling party for five years.



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  • furiouspride
    07-21 03:28 PM
    found this :D pretty much sums it up.

    http://praveensg.com/wp-content/uploads/2009/06/amway.jpg





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  • 485Mbe4001
    06-11 07:09 PM
    "Now with this huge deluge of immigrants, especially from the desi consulting companies, I feel that my quality of life is getting adversely impacted. Do not rush to conclusions that I am anti Indian or anti immigrant. 12 years back when I first got my H1 visa, the requirements to qualify were strict. "

    i am not interested in giving red or blue dots but i do hope your citizenship application gets stuck in a processing delay, you too will then realize the implication of your so called Darwinian flush :rolleyes: As they say...when it happens to others its a recession, when it happens to you it turns into a depression...good luck..

    I hope your post did not imply that the ones who got GC's were the 'brightest and the best'.



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  • somegchuh
    10-17 02:20 PM
    I wouldn't worry too much about getting a job offer before getting there. In fact I would suggest take your time to relax/look for jobs/business opportunities when you get there. You will be a PR and will have plenty of opportunities if you are not in a field requiring a license. In fact, the best part about being a PR is the doors it opens. Consider whatever interests you and makes good money!
    I know several ppl who have landed in Canada and switched fields.

    I am finally moving to canada in 2-3 months. Deadline for landing is March 3rd 2007.

    I am done with US Green Card and can not take this stress any more. Starting to sell my house and other stuff soon.





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  • mbartosik
    12-13 11:48 PM
    Mark,

    what say you?

    In some states the courts are "Courts of equity and law" or is it "Courts of law and equity", in other words the court has a mandate to enforce fairness within the bounds of the law (NY State is one such state). This derives from English law. However, I do not believe that is the case for federal court.

    If the courts were courts only of fairness, equity, what's right, etc., yes, indeed then I think that we would win. But the courts are courts of law. In our case the federal courts are courts of federal law. Congress writes those laws, and the courts are free to interpret those law but not change them. The courts can also throw out a law (this is often appealed to Supreme court). The Supreme court's job is to interpret the constitution, and to define how the lower courts must interpret the law, or to throw back the law to Congress.

    We have next to no chance in lower courts.
    Even if we appealed through courts up to Supreme court, and win we would loss because Congress would still be free to change the law to restrict in other ways, possibly with the same effect. In the mean time we would alienate those law makers on our side. Also USCIS would be free to stop ALL EB immigration, while the Congress decided how to rewrite the law.

    In our case there is no interpretation other than the mess that we are in is the law. So the Supreme court would have to find that the law was against the constitution, which I highly doubt that it is.

    Even if the supreme court found that the law was against the constitution, Congress could enact another similar law (akin to minimum sentence), that merely fitted within the framework of the constitution but achieved the same end result. A recent example of this was when the Supreme court found that Gitmo detainees must be given a right to review of their detention. The detainees were not immediately released because they were detained without review and against the constitution, no, Congress simply passed a law allowing review by military tribunal, that complied with the Constitution, and the detainees remained detained, with a totally meaningless review (not allowed to see evidence against them etc.).

    Thus the branch of government that we need to convince is Congress (which by the way I think the Constitution or an amendment gives the right to government immigration).

    I'm not saying do not fight, just fight smart.

    To me fighting smart means going to the law makers, politely, and persuasively. It is not aggressive, it is not radical, but it is fighting wisely. So I don't think that we are backing down in the face of things that are wrong, I think that we are standing up, but intelligently, and fighting where we can win.

    It is Congress that ultimately decides, the Supreme court can only say to them, "sorry, not in compliance, try again".



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  • dilipcr
    06-16 03:41 PM
    Nice well thought out arguments. This is the essence of a healthy debate.

    Dilip -

    Could you please respond to questions raised in my post, when you get a chance?


    I would like to add one more thing here - Employment based immigration is not merit based, it is driven by employer-employment unless you self-petition in Eb1/Eb2.

    For the most part it is if it were left to market forces. Employers, rationally, would only want as much as talent for the price they pay. Most importantly, employers would be willing to go the extra mile to sponsor green cards only if they perceive that the immigrant employee would add value both in the present and the future. Now again, when I say employers, I mean the genuine employers and not the fly by night consulting body shops or the outsourcing companies. I strongly believe that EB based GC for a very large part is built on merit. You may see sme cases wherein some ordinary people getting green cards. They, in my opinion , are mostly from these body shops who got "lucky". Cant believe I am using that word !!!.

    You may be very much qualified, if there is no employer who is ready to sponsor your green card, you are out of luck, so please do not put argument that only best and qualified people get GC.

    Employers will be restricted in applying for GC for very qualified employees only in the period of recession. This happened with companies like CSCO etc in2001. wherein many of my friends left the company because cisco was barred from applying for GC after mass layoffs. But then after a year or so they started applying again. If you are referring to such scenarios, I would recommend patience because the immigrant per se is extremely well talented.

    I don't think it matters, but I am from college based in Kharagpur WB.

    In my opinion it does not. But be careful in this forum though. People may view your statement as egotistic.
    Have a good day!




    Where did you get that 80k number? You think 80k is good salary for that job, someone else may say 65k, I may say 90k. The salary, among other things, is determined by market forces. If you can't find enough people with xyz then company will be forced to offer more.

    As long as there are people who are ready to work on salary 52k (example), employer will not pay 70k. As long as employer is following all the legal requirements, no one can dictate salary for the job.

    I agree that the employer will pay the salary that is cosummate with the market. No well meaning employer will undercut to save a few pennies at the risk of losing out on quality.
    What if the market pay scales are distorted through pervasive fraud ? If you look at it from an employer's view, it gets murkier. Believe it or not, low cost always signal lower quality. Trust me this is marketing 101. Google low cost and the perceptive signals. It is truly tough for the employer to trust the low cost employee's skillset.

    Now the distortion comes into play when outsourcing companies flout rules and undercut the market through pervasive fraud. Like other industries such as manufacturing/agriculture etc, IT wages are destined to decline but not at this rate. The acceleration in the decline of wages is perpetuated by these scum outsourcing companies. If the decline in wages were let to decline at the speed of market, then it gives talented people time to upgrade skills or move to other industries without having to sacrifice quality of living. So per your argument, yes the end employer is following the rules by employing people from the outsourcing company because the employer does not know or looks the other way of the outsourcing company commiting pervasive fraud. Oh BTW that 80K number was just to highlight that the L1s should be paid high too. It was not based on any scientific or statistical evidence.


    I am a US citizen of Indian origin with background in Computer Science, Finance, and Business Laws. I have been in this country for 11+ years and I have seen so many changes in tech world. Nobody talks of sign-on bonus on H1B anymore. I am dot net architect and I am seeing lot of competition for jobs and this is causing downtrend pressure on salary. But, instead of, blaming someone else for the competition, I am taking it head on. We need to keep working on our skillset and employer will pay the salary. Like they say, for the right candidate salary is not a constraint.

    I agree with you on the above points. You are doing the right thing in not blaming others for the downtrend in salaries. However, you are fundamentally assuming that you would have enough time to upgrade and adapt. What if that assumption falls apart ? What if outsourcign companies hit your employer with people with your skillsets at abysmal prices through fraud ? Today many companies do not look into the long term but make short term decisions. They may prefer the loss in quality for the "immediate" cost savings. It may take time for them to realize their follies. In trading, they say that a trader needs to have enough juice to survive the market irrationality. In a similar vein, if you have the wherewithal to survive the employer's short term irrational decisions, then more power to you.

    Let us not forget our struggling days of H1. The least, we can do, is to encourage our fellow immigrants who are waiting for their green cards.

    That is exactly the reason I am here. I want to encourage the truly deserving. I dont know who the truly deserving are on this board. But they know themselves. My encouragement is for them is to ensure that they dont get bogged psychologically despite being immensely talented.

    .





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  • Jungle_Cat
    02-14 02:37 PM
    $25 for intial consultation....If there is a solid ground to go forward,am there for this movement.



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  • panky72
    09-23 12:00 PM
    Thanks for sending.

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

    Great idea nixtor,
    I sent all the emails and also to senators from my state. Many of them bounced back. I have sent a PM to you with details.





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  • Desichakit
    07-17 12:33 PM
    As per USCIS VISA Bulletin of July 2008. If there is spillover from EB2 to EB3 the it will benefit EB3 India as Visas have to be allocated to more retrogessed country first. Even if that is not that case and numbers are evenly spread even then EB3 India stands to be at advantage. I think EB3 India will benefit from this intrepretation eventually.

    EB2 India 2008



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  • poorslumdog
    05-02 05:33 PM
    Dude I am not saying Aravas needs to learn Hindi.. Why should they an Hindi in TN that is the over piched loudness I am talking about. Chennai is metro city dude.. So many language people are stying there... for rest of the indian the hindi boards needed... Whats wrong..
    But politicians and tamil activists successfully spread the hatered...:eek:

    Then go to Asam and the naxels are waiting to kick your ass. And go to Mumbai and the Raj thakrey will give you enough shit





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  • priderock
    04-23 12:43 PM
    I received an offer exactly same as above. Every thing is same (What a coincidence). Do you guys think it wont work if the original LC asked for masters but if you have BS + 14 yrs of exp, can we substitute ?

    thecipher5 , IskReddy , what is your suggestion ??



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  • newtoearth
    05-03 01:30 AM
    ....





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  • u.misc
    01-25 02:35 PM
    If the law is followed in the enforcement then that is fine. Integrity of H1b program will be maintained. If arbitary and against the law then that should not be followed.

    SNRAM, Probably you are the person who thinks he is a superman because some company hired on directly on H1-B and probably you are doing the same monotonous job for a very long period of time ... You are itching to shift gears get to do something better than what you are doing now... Unfortunately for you, no one is willing to hire you ... Then you just decided to come here on the forum and get the load of your chest by writting something that you think would irritate people.

    The consultants that you are taking about are not only sharp experienced people but are making at least 2-3 time the money you make working from the little cube where you are typing the BS ...Go get a life MF.





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  • Keeme
    03-30 06:52 PM
    Gandhi Family has changed their strategy since many years and they have a great success in doing so, turning their family from 'king' to 'King maker'. We wouldn't see any claim by Rahul to be PM in near future. Its a smart strategy. In early '90s, majority of people across the country hated them more than they hated the party, allowing BJP/local regional parties to emerge and fill vacuum created by Congress. Now see how the strategy is working for them, they would be in power again. Personally I like both Sonia and Rahul, can't doubt their intension of making India better

    I don't know if there will be an another wave for BJP like the year of 2000 ( half of the seat they got from UP) . Adding new geographical areas for them is getting tougher now as local regional parties are much stronger than they used to be. Congress has a high chances of emerging as single largest party and getting support from SP/Lalu/NCP/ AIDMK / Lefties / RDP to reach magic no of 272.

    You wouldn't belive if you hear how negotiations take palce for key portfolios of Govt., after election.

    I don't know whom to blame for it but would like to ask some questions -

    Do you know how much money Indians Politician have in Swiss bank ?
    Do you wonder why didn't have any choice for cars before late 90s ?
    Do you know why your cousin/father/ neighbor had to pay a 'premium' for getting a Bajaj Scooter in 70s and 80s ? BTW the premium used to be much more higher than scooter price.
    Do you know why we still talk about Polio vaccination in India and half of India's population doesn't have clean drinking water or 24 X7 electricity ? Have you seen a family pulling a cart of half ton at noon on 42 c summer day and getting paid 50/100 rupees ?

    Business Mafias ran our country. Every Central Govt. strategy was controlled/decided by them, still does.

    As recently Narendra Modi said in Nasik that real credit for getting Oscars for Slum Dog Millionaire should go to Congress.

    Can't blame everything to Congress but they have played big role in it.

    At last, Do you wonder why we have IV.org ?





    TheOmbudsman
    08-30 11:22 AM
    180 days.

    Once you get ur Canadian PR, how long can we "not go" to canada. Will the PR expire if we do not land in canada??





    smuggymba
    01-25 02:52 PM
    From the day I came to this country , I have spent around $12,000 on immigration including H1-Bs, filing GC, APs, EADs extra. Not to mention the traveling for visa stamps and whole other shit load of expenses. I guess most of people who paid for filing GC did spent same amount of money.

    Hell ya, Some one got to be benefiting from my $12000.


    I thought we're not supposed to pay for H1 and GC. Correct me if I'm wrong? I guess we can only pay for the visa appointment fee.



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