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  • logiclife
    02-01 01:04 PM
    I'm not working in the IT industry and this is the first time I have some idea about what the desi companies are doing in US. Yes, I think these desi companies and people who conducted those fraudulent behaviors are partly responsible for our situation here. I believe most H1B holders are decent people while some like those mentioned in the article are nuts. Bad purges good. Now all H1b holders have to pay the price.

    Besides, I think those who conducted these fraudulent behavior do not deserve to be called "high-skilled workers".

    H1B problems have nothing to do with retrogression.

    If H1B employees are being mistreated by a certain class of employers, then what does that have to do with shortage of visa numbers?

    Nothing.

    Misuse and abuse of H1B program did not cause retrogression. And if the abuse ends, its not going to end retrogression. The H1B program does provide ammunition to anti-immigrants to use that paint-brush and paint the entire program of H1B and Employment based GC as bad. Fortune 500 companies dont engage in unethical behavior. The TCS, Wipro etc maybe do that. Small bodyshops certainly do that. I am yet to see a small body-shop, operated by a citizen of foriegn origin, working by the book and treating employees well.

    But all said and done, these things make our life more difficult and exacerbate the situation that arose from retrogression. However, these things didnt cause retrogression.

    At the most, these issues of H1B abuse may have provided support to some groups in keeping the H1B quota down. However, it has nothing to do with EB quota. In fact, IEEE-USA advocates bringing down H1B quota and RAISING the employment based GC quota, in order to remove factors that encourage employer abuse.





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  • kubmilegaGC
    09-14 11:38 PM
    My lawyer put in a SR on Sept 1. On Sept 11 i recd. the email saying that i was approved. My situation was similar to yours. Same company for 8 years, no RFE - infact no updates on my online status since Sept 2007 when it was first updated to reflect the fact that the application was recd at NSC. So i am assuming that SR triggered review of the application but with USCIS who knows.

    Hopefully you will get your approval soon if my case is any indicator (admitted the sample size = 1)

    Good luck,
    Krishnan

    details:
    PD : April 2004
    July 2nd Filer
    I-485 approved : 9/11/09
    CPO : 9/11/09


    I have now 2 SRs one was opened on 9/4 (for myself - primary applicant) and one on 9/11 my wife - she got reply today like 1 working day after - which is surprising - that " her case is with the officer and getting reviewed - I guess the standard reply.

    I hope the SAMPLE OF SIZE of 1 works for everybody. Thanks for voting!





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  • walking_dude
    11-14 10:05 AM
    Update : OUR Enemies are actively supporting LOU Dobbs (http://www.alipac.us/ftopic-91255-0-days0-orderasc-.html). While EB Immigrants are sleeping!

    Lou "Liar" Dobbs is coming to Michigan to poison the minds of Michiganders against foreigners with his populist nativism.

    Per WWJ 950 - " In recent books, he has tackled issues that are close to Michigan, including outsourcing of American manufacturing, immigration and what he has called "The War On The Middle Class."

    Rest assured he'll be blaming the Auto Crisis on Immigrants just like he blames increase in crime, TB, leprosy etc. on Immigrants. This is happening as EB Immigrants in Michigan are content in their "masterly inactivity".

    Don't be suprised if you start receiving dirty looks from American co-workers at your worksite. Worst case you and your family may get mugged by a stranger who has been fired up by the recent "progressive" baloney that cheap foreign labor is preventing "minority" communities from receiving their fair share of STEM jobs.

    If such unfortunate incidents increase in the future, you know whom to blame - YOU. If only you were more active in protecting your interests, such incidents could've been avoided.

    Your enemies are working 24 x 7 to kick you and your family out. Are you working equally hard to protect your family?

    Here's the link

    http://www.wwj.com/Lou-Dobbs:--The-Middle-Class-And-The-American-Spir/1168354

    Contact - http://www.wwj.com/pages/7288.php

    Sample Letter

    ---------------
    Dear News Editor(s),

    As a WWJ 950 listener and an immigrant living in Michigan, I am concerned about the negative impacts on immigrants by the airing of your show "WWJ Business Breakfast" with Mr. LOU DOBBS, which is scheduled to air on Nov 29 between 8 a.m. - 9:30 a.m.

    Mr. Dobbs is known for his strong views against immigrants, including considering immigrants to be responsible for the spread of incurable diseases such as Drug-resistant Tuberculosis, Leprosy etc. From past experience on CNN, he is also highly likely to blame the current crisis in Auto Industry to the so-called "importation of cheap labor from third world countries".

    He is known to make exaggerated statements such as "Four hundred thousand H1Bs granted in a year" where as facts show otherwise. As per government figures, federal government awarded 124,096 H-1B visas in the fiscal year ending October 2005, the most recent annual totals available. That includes renewed visas, which don't count against the annual cap. These dramatic exaggerations distort the reality and provide a falsified alarmist view of the situation; which works against the interests of Immigrants ,businesses and American economy.

    In the interests of fairness, you should also air the counter-views while providing coverage to such strong one-sided views. This would provide a balanced coverage to your viewers.

    In the absence of such unbiased coverage, Mr. Dobbs verbal attacks may provoke physical attacks against foreigners as well as any foreign-looking persons by misguided elements provoked by your show. If such incidents do happen, please understand that your network will be indirectly responsible and liable to the foreigners affected.

    As a concerned party I would like to know -

    1) What action your network is taking to provide coverage of the other point of view, in the interests of fairness?

    2) What action is your network taking to ensure that Lou Dobbs verbal attacks on foreigners do not translate into physical attacks on foreigners living in Michigan?

    3) What action is your network taking to ensure that Lou Dobbs doesn't use exaggerated falsifications to justify his views. providing your listeners a wrong picture?

    Appreciate hearing from you soon.

    Yours sincerely,
    xxxxx
    Phone: 1-xxx-xxx-xxxx
    E-mail : xxxxx@somemail.com

    ---------------------------------------------------------------------





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  • lvinaykumar
    07-14 05:36 PM
    Signed and Emailed



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  • DesiGuy
    09-17 11:02 AM
    btw, if anyone is having probs with the clip then 'uninstall' real player and

    install 'real alternative' (during setup, include wmc) and it will play fine.





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  • GCwaitforever
    06-08 01:42 PM
    The US constitution guarantees the basic rights enshrined within it to all within its borders irrespective of nationality or immigration status. The claim that the undocumented do not have rights is one propagated by Lou Dobbs and other anti-immigrationists. This is why it is possible for an undocumented worker to file a discrimination complaint with the EEOC and win for example.

    You have to see my quote from the context of immigration. I never said illegal immigrants do not have any rights. Human rights are across the board. Every nation must follow these standards. Illegal immigrants can not sneak into a country and then demand that they should be given citizenship.

    Regarding undocumented workers filing with EEOC, please quote me few cases like that. I doubt if it is ever possible. In my personal opinion, when such workers are subject to deportation when found, where is the foundation in that case? Are you suggesting that non-citizens can apply for jobs in defence and aviation and complain to EEOC if rejected?

    I read few articles about (undocumented) women being exploited by the employers and USCIS/DOL treated these women as victims. That angle was more of human trafficking, not employee-employer relations.



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  • chanduv23
    06-07 03:08 PM
    The whole movement against retrogression started only when things went beyond reach.
    Yes, we believed in a process and planned accordingly but as we get going we suddenly see that the goal post is not visible anymore, it has been removed and moved far putting us all into a limbo state.
    It is definitely our right and not a previlige. When we do not see a goal post and don't know where we are heading we do have right to ask "why and what is the solution".

    Though we are not citizens we do have the right to seek a fair system.





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  • chaanakya
    08-13 05:41 PM
    Yes, that is right, I said �plight of EB2-India�.

    I am a passive observer of these forums. But some of the ridiculous notions floating around here have motivated me to vent. First and foremost, the law as written is highly favorable to people in EB3 categories, even from India. Here is how...

    Take my example (and there are thousands like myself)....came to the US 8 years ago, spent 5 years working day and night to earn a PhD on a low (barely sustainable) stipend, got FIRST job saw decent money for the first time 6 years after I came.

    Now, compare this to a person working an EB3-job for the last 8 years. Not only does this person do a real job that hopefully provides a respectable income but this person also has the option of moving to EB2 after 5 years of experience. So, at the end of the day in 2008; this person comes out ahead of me in terms of money, in terms of priority date (if ported) and most likely in terms of GC.

    There are complaints all over the forum which have the stink of pretentiousness such as �oh..i am a poor EB3 waiting for n number of years� etc etc. What you guys seem to forget is that YOU are NOT an EB3, it is your JOB that is EB3. You have all the opportunities that were/are available to a person who sweated it out in the university system here to gain more qualifications and get an EB2 job. You CHOSE not to. The general discussion seems to center around cribbing about the US immigration system (Immigration by the way is a privilege defined by laws, not a birthright) and then blaming the EB2 crowd when they finally see the system implement the law as intended in the first place (horizontal spillover rules).

    All these posts that refer to �my career is over because my gc is delayed� are nothing but a pathetic excuse. Law of supply and demand....if you have a skillset that is valuable, you will be fine with or without GC anywhere in the world. It takes a bunch of documents to remain here legally, all you need is a passport to go back if the system here seems so bad.

    For all the attacks that are bound to happen, here is the fodder.....this is probably my first and last post, I haven�t contributed a dime to IV, will work here as long as I like it and if not, India is a great country and provides enough opportunities for any skillset !!



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  • desi3933
    03-22 12:36 PM
    AC21 is a law but certain provisions of AC21 have been introduced in separate memos.
    Job portability under AC21 is also part of a guidance / memo - so if any AC21 case goes for hearing in an immigration court, any change of employers while 485 is pending is considered illegal. This is not very common though.

    Incorrect!

    Job Portability is part of AC-21 law. Read for yourself.
    AC-21 law (http://frwebgate.access.gpo.gov/cgi-bin/getpage.cgi?position=all&page=H9005&dbname=2000_record)

    ��(j) JOB FLEXIBILITY FOR LONG DELAYED APPLICANTS FOR ADJUSTMENT OF STATUS TO PERMANENT RESIDENCE.�
    A petition under subsection (a)(1)(D) for an individual whose application for adjustment of status pursuant to section 245 has been filed and remained unadjudicated for 180 days or more shall remain valid with respect to a new job if the individual changes jobs or employers if the new job is in the same or a similar occupational classification as the job for which the petition was filed.��



    _________________
    Not a legal advice.





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  • go2roomshare
    03-14 05:07 PM
    Looking at discussion going on here, its sure that IV have financial problems & only 5% (of total 8000 members) are contributing for the cause. Now, if we restrict IV website for "paid" visits, dont you think that IV membership is reduced by 95% to only 400 paying members?

    Instead of making "Paid" web site, I think Moderators needs to delete derogatory posts & block such userids.

    That is not a good option that would stop/reduce new members significatly, when IV goes to DC to represent our self, we have to say ' we are only 400 members ' There will be lot of difference in infuence factor when we are saying we are 400 to 8000



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  • Leo07
    12-03 11:51 AM
    I can understand where you are coming from...with only few people participating in the core efforts and many people commenting on the efforts online. I can agree to that part.

    However, we must not under play the fact that an organizations of need-based and issue based type ALWAYS has floating members.

    For example....if your GC gets approved tomorrow...I'll bet that you'll not care less about the forum.

    Best!


    IMO, this is the biggest problem plaguing IV - perception of IV as just another online forum (community) or a "chat room" as a newspaper reporter put it ! (http://www.freep.com/apps/pbcs.dll/article?AID=/20071123/NEWS07/711230422/1009) (under the heading "Taking Action").

    This point IV = chat room has come to the fore, several times in discussions. A lot of persons have refused to join IV efforts with the ruse "IV is just an online forum where members discuss mundane matters". Whether someone admits it or not, IV has a serious image problem !. It needs to be corrected soon (by more than making another announcement type "We are not a forum" post !)

    Strength of an(y) organization comes from contributing, active members. And not from MINOWs (Members-In-Name-Only Wusses)





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  • snathan
    01-17 12:14 PM
    The response is expected. Unless IV core members support nothing will move. Many similar threads came and go in past. IV is giving critical updates only to Donor members. So only donor members will know what is happening. Others will not know anything and will not have any direction. That may be one of the reason for poor response for these kinds of polls. If majority of the members are donors then that will be effective.

    I request you not to deviate from the topic. Lets hope IV core come up and support in this struggle.



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  • panky72
    06-25 06:14 PM
    I know this, because I have had first hand experience for my father not too long ago.

    Can you elaborate on your experience with if you don't mind sharing.





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  • micofrost
    06-13 04:17 PM
    EB3 I is still very unfortunate... I guess this is how the melting pot works... correct me if I am wrong.

    Out of 140K Visas 7%= 9800 is assigned to India (All Categories)

    Out of 9800 - First EB1 then left over EB2 and Then leftover to EB3 :(

    From over all left over of 140K - First EB1 then left over EB2 and Then leftover to EB3 (all other countries) - Left over (EB3 China) - Left over to (EB3 India) :(

    EB3 India is lowest on the FOOD Chain!!!

    Out of 9800, it is divided among three equally.Then the left over flows in seral fashion.



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  • eb3_nepa
    06-07 11:41 AM
    I am sorry srikondoji but i have to disagree on some points.

    "You can come to office at 9:00AM and leave by 6:00PM. No body asks you to stay late unless you work for a consultant. No body asks you to relocate unless you again work for a consultant." .
    Yes you can do that. But you work late coz people Not dependant on H1B's can leave on their scheduled times coz if they get laid off, they wont be deported if they dont get a job in 10 days. Sure there is No Formal distinction on paper between H1B's and Non H1Bs, but it is assumed that since ur application depends on the employer (entirely), you will put urself to the grind.


    You could easily get a legal immigration if you opt an easier path 'Marry a local'. So, again you have opted a hard way of going through labor certs, I-140, I-48 etc.

    What about people who come here already married? Now for those unmarried you have to marry a Citizen to get a Green card. Marriage is a totally seperate thing and is not something that should be used solely for getting a GC (IMHO). Sorry but i do not agree that marrying a citizen is an easier way of doing ur immigration.





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  • black_logs
    04-18 09:27 AM
    Members please note your comments are highly appreciated.



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  • sreech
    08-02 09:46 AM
    Hello All

    I applied 140 in EB2 and got an RFE on Education.I have a Bachelors(3year) and masters(2years) with 8 years of experience.I have submitted an education valution with the petition still got an RFE asking to provide one with the following points
    1)Consider formal education only, not practical training experience
    2) State the collegiate training was post secondary education i .e. did the applicant complete the United States equivalent of high school before entering college
    3)provide a detailed explanation of the material evaluated and how the evaluator has reached their conclusions rather than a simple conclusive statement

    any one please help who has gone through this before

    thanks
    sree





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  • kubmilegaGC
    09-17 07:39 PM
    Pls include letter to Ombudsman in the voting options.
    I dont think I can add that option now...can I?





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  • mhathi
    11-06 02:41 PM
    Your company is not a sample of the entire population. The H1B program is not on-demand program. It is once in an year annual event (because of the demand). US based companies when they get a new project which needs a position, if they cannot hire locally, cannot get H1B worker from overseas when they want. So, in anticipatory mode they have to get some numbers and utilize them and we do lose some H1B visas if they cannot bring them for various reasons.

    Is it fair, may not be. Is it widespread waste, I don't think so.

    Coming to market reality - how many US workers will join a desi consultancy company or India operations based company?

    The intent of the H1B program is not to bring people in the country in "Anticipatory mode" as you put it. The intent of the H1B program had always been for US employers to hire foreign skilled workers "On-Demand" when no american is willing, qualified or able to do the said job. Prior to 1999, the visa cap was 65000/yr WITHOUT the extra master's degree cap we have now, and still visas were never totally used up for any year, certainly not on the first day. It is only after the advent of the IT consulting companies hoarding visas in "anticipation" of future jobs that the problems started. Without any restrictions on this kind of abuse, no amount of H1 visa increase would be sufficient. They are talking of raising visas to 130,000 right? Based on the FY 2008 applications, those visas would be used up in TWO DAYS!

    IMHO, the intent of the H1B program is equally important than just loopholes (or not) in the letter of the law.





    Honda
    05-04 10:26 PM
    mine belongs to NSC..I read in another thread that the FP will expire every 15 months and that may be the reason why most of the July filers are getting FP notice again...

    That is not reason.

    Here is my situation.

    In 2007 august i gave first time fingerprints.

    In 2008 august i gave second time fingerprints.

    Now i got another fingerprint. My service center is also NSC. There is some thing going on, i dont know why they are sending multiple fingerprints.





    RNGC
    05-23 02:12 PM
    You have a point...Ideas like yours should be given good consideration.

    But IV core team has lots of experience and they have even started having talks with USICS directly, is'nt that a big achievement!

    We need to try different ways to contact the law makers and find out which one is easy to implement and works efficiently.



    When you call the law makers and tell them you support XYZ bill.. my question is what do you get out of it!

    When the lawmaker realizes that he is getting 10000 calls from LEGAL aliens,
    >who are not from his constituency,
    >who can�t vote and
    >who can�t contribute to his election campaign�
    what is the motivation for the law maker to support the bill�

    So to avoid sounding stupid and foolish and desperate when you call� a more logical approach would be to :
    a) Generate a public petition form on IV website and have all the members� login and sign the forms digitally�
    b) Then have IV reps.. fax them and send them to lobby groups �.
    c) Lawmakers will listen to one talking head�and not worry abt 1000 calls that borders on ..�saar �support the bill saar�..

    How many of you have actually talked to the lawmakers? Its always the assistant!

    But instead .. someone says we have a signed petition of 25000 members effected by immigration mess �. And it�s a hi tech workers lobby group ..every lawmaker will talk to you and not the assistant!

    Conclusion: calling the lawmakers haphazardly is actually hurting IV cause..to a certain extent!

    :cool:



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