Saturday, August 6, 2011

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  • ramus
    07-04 11:06 AM
    When you send any email, subject of the email matters.. If our subject is something like just immigration then I think they will just send automatic reply..

    Let Mecaca work on getting good template/letter that we can use to send it to everybody..

    Thanks.


    I am sick and tired of cookie cutter responses from lawmakers staff. They have a standard template, that starts off with how concerned they are that the immigration system is broken, and their concern for American companies and workers and H-1b.
    Enough of that freaking rubbish....

    Lets send them letters, and specifically ask them
    a) Do you condemn USCIS/DOS behavior, or do you commend it?
    b) Do you sympathise with the plight of the employment based greencard applicants or not?
    Finally, say that their response will be posted on online public forums so that it can be shared with other employment based greencard applicants.





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  • soljabhai
    12-14 04:39 PM
    Following text is from IV's about page

    America has had per-country ceilings since decades on family based and diversity-lottery based visas and it makes sense to have uniform distribution of visas to countries where the basis for immigration is family relationship and family reunification. However, in the employment based immigration system, the petitioner is the employer who wants the retain the employee and facilitate employee retention based on skills, knowledge, education and talent. Employability has nothing to do country of birth. We do not allow employers to discriminate hiring based on their nationality or country of origin. Therefore, the employment-based immigration, which is a derivative benefit of employment, should also be free from rationing based on nationality or country of birth.

    In other words IV itself holds the position challenging the merit of "Nationality Origin" in "Employment Based Green Cards"





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  • Imigrait
    06-16 04:53 PM
    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".
    Of course everyone who have worse qualifications(according to who??-> dilipcr ) are ordinary. Rest of the people are good. This is the same argument as "now that I have GC, let me come out and say retrogressions and less GCs are good, cuz I am qualified and I already have GC."

    And yes I agree EB based GC is built by merit. Merit according to the employer who will keep paying the employee if the employee performs his job at least satisfactorily. Dilipcr is not the adjudicator here, the market aka the employer is. And...... the employer is making sure it is following the regulations prescribed by USCIS.

    Cant believe I am using that word !!!.
    What's not to believe? You just did!

    In my opinion it does not. But be careful in this forum though. People may view your statement as egotistic.
    People don't view any statement that you're from a top college as egoistic. Ppl view it as egoistic when after 15-20 years out of college you still throw around your college name to make other people treat you differently. Dude, after 20 years people from various colleges are working with you, some doing a worse job than you and some better, colleges don't matter any more for the current job. It might have some influence in a new job.

    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.

    Why are you calling outsourcing companies scum? So do you call the companies that manufacture in China as scum too? I know tonnes of engineers from Infosys, TCS, Wipro and others who work for Google,Msft,Apple,Amazon etc etc. So now that these people have bathed in Ganga(google etc etc) their scum is washed off?

    "the speed of market" -The outsourcing companies are part of the market. Yes the salaries have gone down, but that's according to the speed of the market, not due to some participants outside the market.

    "committing pervasive fraud" - No US or foreign company will keep a company if the value proposition dosen't work for them. For Building a webpage or multi tiered web applications we don't need a rocket scientist. Hence, the market is paying what is deserved. Would you be able to keep a job if you don't perform in the US? Then why will an outsourcing company be treated differently?

    Ok it seems lots of other people are also responding so I'll stop here. :D





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  • ajaypr
    06-24 01:55 PM
    ..I am waiting for the punch line. What's the point of this? We all know it...

    Well this is just another source or confirmation that EB-1 and EB-2 India is going to become unavailable in the coming months or year.

    "In addition, the DOS has indicated that the EB-1 category for individuals born in India or China may backlog or retrogress later this summer, and may do so again in the coming fiscal year. Predictably, prognostications for the EB-2 category for India and China are also quite grim - in the next month or two, the EB-2 category could become unavailable. In particular, USCIS has indicated that it has about 25,000 EB-2 India cases and "significant numbers" of cases for Chinese nationals that have been reviewed and are simply awaiting visa number availability. This category has a typical fiscal-year limit of 2,800, plus any remaining numbers from the EB-1, EB-4 and EB-5 categories."



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  • lazycis
    02-14 05:17 PM
    Another prove of government misconduct is violation of regulations

    In addition to the aspirational 180-day deadline in 8 U.S.C. � 1571(b), the 8 C.F.R. � 103.2(b)(18) sets forth a detailed timetable for “withholding adjudication of a visa petition or other application if . . . an investigation has been undertaken involving a matter relating to eligibility or the exercise of discretion . . . .”

    I doubt these regulations were followed in thousands of delayed I-485s.

    http://immigrationvoice.org/forum/showpost.php?p=223449&postcount=3

    We have also over a hundred WOM rulings were court acknowledged that the USCIS "unreasonably delayed" adjudication of applications. Moreover, the USCIS intentionally pushed people to go to court

    http://bibdaily.com/pdfs/Mocanu%201-14-08.pdf

    "For reasons stated at the hearing and in this Memorandum, I have reached a tentative conclusion that Defendant USCIS, overwhelmed by these applications, has adopted a strategy of favoring delay by litigation, instead of developing an orderly and transparent administrative resolution. Although this strategy is often evident in private party damages litigation, it is improper in these cases."





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  • n_2006
    06-28 10:16 AM
    I think the 40,000 number is the wastage predicted by the ombudsman at the prior rate of approval that was prevalent earlier in the year. This probably implies that CIS would have used about 100,000 numbers at it's prior rate or about 25000 per quarter. This in turn would imply that CIS would have roughly 40000 (predicted wastage) + 25000 (last quarter's numbers that might have been used had CIS continued at it's earlier pace) = approx 65000 available starting June 1. I highly doubt if this could be used in just a month or two.

    But all said and done, whatever the real number of visas that's available I feel it's in everybody's best interest to just apply at the earliest they possibly could.

    Can somebody please provide some information interms of country quota? This 40000 can be used for any country? Or if India and China used their quota and still visa's left, next visa bulletin may show retrogession for India and China and current for other countries?



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  • gopinathan
    07-28 08:24 PM
    dude... that is fundamentally incomplete. you should add - "as long as you don't cause discomfort to others or trespass their personal space".. there is a big difference..

    ... No work is small or big , good or bad , work is work.. ... Grow up.





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  • nixstor
    09-23 02:26 AM
    Asking for exemption from quota will cause this proposal to fail. My suggestion:

    Of the 10,000 available visas per year for EB5, only about 3k to 4k are being used. How about if one buy a house and give a minimum $100,000 cash payment (not credit in US), he will get a temporary greencard from the EB5 visa pool. If after 2 years, the house is occupied and owned by the same person without problems with credit, he will get a permanent GC. This is on top of meeting the requirements of the category he is in.

    Sorry for bringing EB5 in my comments.

    This is just my opinion.

    I hear your pessimism on the exemption from quota. The write up here is an attempt to bring the committees on both sides to the table and let them decide what they want to do with it. The solution quoted here will not be as it is if it were to be drafted by folks on the hill. In normal conditions, exemption from numerical limits is a big issue, but given the surplus of homes, 11.5 month inventory and ever growing foreclosures, rock solid mortgages EB applicants qualify for, might make such exemption possible in a situation that is referred to as once in a century thing.

    20% down payment on sale price is a sign of good borrowing habits in the mortgage industry. Last time when I checked approximately 800 visas were used in EB-5 yearly. Thats a different story.



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  • h1techSlave
    09-23 03:26 PM
    aps, I can see your apprehension.

    I already have a house here and am not planning to buy another by putting 20% down payment. But I support this idea, because, it might take away a couple of 100 people from the queue.

    Plus, such a letter is indicating to the Congress that we are ready to give the country a helping hand when she needs our help the most.

    I hope you would reconsider your position.



    IV is started for one cause, that is to eliminate the unfair country quota and speed up the green card process. Let us stick with that.Do not divert by introducing these kind of proposals.

    Few weeks before there was a fight between eb3 and eb2 applicants on this forum. Now you are starting a new group which favors who has money. This is not good. Let us unite and focus on one goal. I am not supporting this idea. Please drop this.

    aps





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  • cps060
    04-04 11:00 AM
    Please let me know if anyone has done this before or you know what the procedure is.

    What are your options if the Canadian PR expires (go to CA get PR and come back to US) and you are still in the US ? OR say you are in your 4th/5th year of CA PR and then you then desire to go to CA, can you re-apply for the Canadian PR ? If you can, what is the procedure .... ?

    Anyone who know abt this, please respond.



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  • fide_champ
    08-17 11:17 AM
    You nailed it brother! SRK is just another moron who thinks he owns the world! All things being equal, there is no reason for him to get any special treatment at all -- he is no diplomat or a guest of this country. If there was something wrong with his luggage and/or profile that made the CBP flag him and question him, I don't see anything wrong with that. I can't agree more with you on the stupid "VIP" culture that sits deep in the roots of these glorified-beyond-reality idiots.

    And then there are people here comparing India and the US...what the heck! This is America and they can do whatever they like to keep it safe...who are we to say that our "star" deserves better treatment when they don't spare their own people? :mad::rolleyes:

    This is just a case of another innocent civilian getting affected for no reason. SRK has travelled to US many times and USCIS has his finger print and knows who he is. Still just bcs his last name was khan, they found reason to interrogate him for 2 hours. I just don't see any logic in what they did. We are not saying they should not have all these security checks but it should be consistent and should have some meaning.





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  • breddy2000
    09-04 11:52 AM
    -TrueFacts have atleast four diffrent ID's.
    I have got 4 red dots from his avatars.
    I have my GC on my wallet, so I don't care about any other GREENS.

    I just saw within Half an hour my rating points went down from 3000 to just 500...

    Who esle have the time on earth to keep reducing my points apart from the person who has previledge to do it...

    This is a classic example of how ones power can be misused to prove their point and politics and corruption at its best. Preach something and do something else....

    Never walk the Talk...

    Hats off to you Mr. Chandu.....



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  • kuhelica2000
    02-16 11:34 AM
    My friend, writing in bold font doesn't make your argument bolder. An argument is bold by the underlying merit of the argument. Where did I mention anything about race?

    Even if I had said that there is fraud and corruption in India, it would not be considered as a racist comment. Every year Transparency International generates a list of most corrupt nations. Ever wonder why India is on that list. Ever wonder why out of all places only in India US visa officers are instructed to do technical interview for IT visa applicants? You are living in complete denial and trying to play the race card whenever you get an opportunity.

    Fraud and corruption is prevalent everywhere incuding India and a prepondernece of the bodyshops are nothing but a factory of producing overnight "IT Talents". Accept this is as one of the problem of this retrogression.

    You are accusing people from India for using wrong credentials for picking up H1b/L1 jobs. This is ridiculous and pretty racist.





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  • ItIsNotFunny
    06-05 02:56 PM
    Recently I was on a flight from Delhi to Mumbai and the guy next to me was a former RBI employee. I asked him as to why the Indian govt. is not doing anything about the billions of USD left behind by Indians returning to India in the form of SSA and Medicare taxes, to which he replied that the obstacle to a treaty as stated by the US govt. is that India does not have a system comparable to Soc. Security and Medicare for distribution of money to it's retirees.
    Such a pact was apparently considered in 2006, but went nowhere due to disagreement about how the Indian govt. will track money distribution and administer the program.

    There is already a thread working on Government of India to consolidate Pension Fund with Social Security. America already has this type of treaties with few european countries. But looking at the bereaucracy now, this may take next 10-15 years.



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  • Ramba
    03-30 02:14 PM
    Ramba, can you please update your profile? I am surprised a Brazilian knows much about Indian politics.

    If a Italian citizen controll the major Party of India; why not a Brazilian knows more?:)

    Any way I will update soon....





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  • sush
    07-10 12:42 PM
    excellent move.
    hope you well buddy.



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  • Aah_GC
    08-15 09:35 PM
    I think we should take the SRK-the-global-icon factor out of the equation and just focus on the ridiculous system that is in place. There were other immigration officers attesting SRK's identity, he showed the officer his event invitation -- what else do you need? Does the whole Muslim world have to pay a price for 9/11? Should the airports around the world put in a 2 hour interrogation for anyone with last name as Bush?





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  • sammyb
    02-14 01:53 PM
    to close this thread and/or change settings so that no further new posts allowed... We have had enough on this ... it is now better to rest this topic in peace...





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  • grupak
    02-15 01:07 PM
    You guys keep saying diversity is a FB immigration problem only not EB, hence no cap needed in EB.
    REALLY? Is it a coincidence that a desi company owner will usually have 99% of his emploees Indian? Thinking that employment depends only on skills is not realistic. A lot of the networking based on national origin interferes with how at least H1 jobs are landed here. So there is a reason to have rules preventing a monopoly.

    Cheers.

    Guys give it a rest. We are here to solve the backlog for all EB, and most effected are from a few countries. So unless the total number is increased by orders of magnitude, the pragmatic solution is what IV advocates. And IV is working to help everyone.

    If there is fraud or some other problem in the H1B program, let the USCIS do the policing.





    kaisersose
    02-13 01:20 PM
    WDude, Googler, I am not against removing per country limits. But we need to have a cool head, think straight, objective and use facts. I just think it will be next to impossible to change the INA to remove those quotas so it's better to concentrate efforts on 1) visa recapture; 2) EB quota increase. Visas were lost mostly because of NC issue.

    I think visa recapture is the most likely bet. There is really no reason why anyone would think twice about it.

    EB Quota increase is next to impossible. The word "increase" will have many people tune out which will also affect any bundled propositions. One way to avoid this problem is to avoid using the word "increase"; by asking to not count family numbers in the EB quota or to count them in the FB quota. That will result in a huge increase in EB Quota without directly calling it quota increase.

    The other provision of allowing 485 applications without current PDs is a bad idea in my opinion. Anyone who enters the country will be eligible for AC21 in 8 months which is about 80% of a GC. Such a provision will result in huge abuse like the L visa and/or Labor substitution.





    vpadman
    02-13 10:17 AM
    Somebody suggested earlier that we should all contact our lawyers , and ask why they have not filed lawsuits yet.

    I think the reason for this is quite simple. Lawyers are happy with the current system, so that they can continue to charge money, consulting fees etc.

    Do you guys really think lawyers care about it? They are happy charging $200 for a 15 minutes consultation.

    I have nothing against the lawyers, they are running a business and need to maximize profit.



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