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  • conchshell
    09-23 08:27 AM
    Nixtor, this idea is worth trying. If people who are buyinh house can be exempted from the VB quota, this will free up extra visas and will help those people who will not buy a house.





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  • CADude
    02-13 01:15 AM
    it's classic problem of supply demand and least resistance path.

    USCIS provides 3K/each category Visa# per country. What ever USCIS will do you can't fit 200K application in 9K/annum visa#.

    Last 3 years(since dec 2005) - EB3 India PD is beyond May 08 2001 only for three months and EB2 is enjoying the benefits of GC. Anyone noticed. NONE. So what happened, many EB3 choosen for convert to EB2 path. Now EB2 India is U so many guys degree with PhD, etc trying for EB1. It human nature and nothing wrong with it. Everyone wants GC ASAP.

    So bottomline, Demand is very high compare to Supply. unless USCIS get significant visa# nothing will change.





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  • longq
    02-14 05:42 PM
    How do you know what the "intention" was of the lawmakers that recaptured visas are supposed to go to the retrogressed countries. If that was the case they would have gotten rid of the 7% limitation along with the recapture.

    Most people who come on h-1b are Chines and indian. There was also close to 200,000 visitor visas approved in 2005 from India.

    I never said AC21 recaptured numbers only for China and India. The reason for AC21 recapture is , there was a huge backlog in EB visas for China and India till 1999. Remember again, there were no backlog in ROW then. If there were no retro in EB visas for India and China in 1999, perhaps, there might not be an any provision to recapture 100,000 visas in AC21 act in 2000 and ROW probabaly might have not enjoyed about 80 to 100,000 EB3 visas in 2005. (Out of 147,000 EB3 visas issued in 2005 India consumed only 23,000). ROW only enjoyed most of the AC21 numbers.





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  • snram4
    01-18 10:05 AM
    The H1b rules and Cap are framed based on the principle that foreigners will be allowed only when there are no avialblity of skilled persons for that job. That is the reason For LCA and salary requirements. You can very well google that why H1b visa was created on 1991. Everyone in congress and also american public expects that American jobs should not be replaced by foreigners. But when there is no clear cut job position there could be foreigner could be hired just because he quotes 10 dollar less than American but same skills.
    But still we can lobby for change of law to get some grace period of 2 or 3 months when a persons job lost or H1b is cancelled. But it is a bad idea to justify bench without pay for H1b. But still USCIS was sympathtic towards most people and most H1bs got green card though they were in bench. One of my relative forgot to renew H1b for more than an year but otherwise perfect. They accepted and applied for extension explaining the situation and got extension. If they would followed the law she would have got 10 year Ban. But I am not expecting any sympathy from USCIS for anyone who violated law or regulation knowlingly.

    Is H-1B working at a gas station a bad apple? Yes.

    Non-Indian staffing company keeps $150/hr, 25 years back. Is this a bad apple? How much can a staffing company keep? Why? Who decides it? Has Hilda L. Solis decided it for for US workers? Why should Janet Napolitano decide it for H-1B?

    Contractor salary and benefits come from his/her billing only. Most US workers are not paid on bench/benefits. Why should H-1B be paid on bench/benefits? Contractor can be paid on bench/benefits only by spreading the billing over bench/benefits (thereby reducing paycheck). Why is this a good apple?



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  • voldemar
    03-26 06:47 PM
    And does this mean that this law will definitely change, or is it still possible that vested interests may still keep substition alive?
    It's not done till it done.





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  • indiancitizen77
    08-30 11:18 PM
    Thank you all for the insight and advice. I wish the US greencard process wasnt a bureaucratic blackhole. I have been here for 6 years amidst the so-called backlog reduction and the stagnant retrogression with no end in sight. It is really frustrating. My wife being a licensed physician cant work. We just end up coughing up our paychecks to uncle Sam and the lawyers. Unless something is done soon about the legal immigration process, I can see the US losing out to other countries which have a structured system like Canada and Australia.



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  • brad_sk2
    01-19 10:58 AM
    Yes but there's a big difference in the humane involved in drug narcotics and prostitution Vs the humane involved in consulting.
    If you wife, sister or mother were to work as consultant you probably won't mind, but image them choosing business you suggested. Hopes that puts a little prospective of the difference involved in your mind.

    Good rebuke.





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  • gc4me
    02-13 12:16 PM
    immigration-law.com posted country wise EB visa allocation for the year of 2005. For example, Nepal used only 70 EB3 visas. Whereas country limit is 7%. In that case how EB3 Nepal is retrogressed?

    Can we sue USCIS? Let's discuss.
    In that case, let's hire an attorney.



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  • gc_lover
    06-28 12:52 PM
    it is fine to fedex on saturday or not..Please let me know. I have to call my lawyer.

    Yes it is fine.





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  • krish2005
    01-14 03:03 PM
    I was tweeting with an attorney from boston. She says that the memo does not do any good for a H1B resource working at a third party site though employed under a desi consulting company. :(



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  • newtoearth
    05-03 02:05 AM
    ...





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  • kuhelica2000
    02-15 04:47 PM
    Dingudi,
    I didn't generalize. I said preponderence meaning "a lot of" cases with L1/B1/H1 and I am also not denying the fact the India is doing a great job in producing IT skills in great numbers. I am saying how they end up in America in greater numbers than any other country. China, Pakistan, Israel also produces lots of IT gradutes but they don't have the bodyshop connection to land here with an NIIT certificate.

    I am an Indian and also came as a student giving GRE/TOEFL. So do not generalize that IT workers from India came here via L1/B1 route. Some of them did but some did not. I know lot of Indian who came here to study.

    If India is producing more people qualified in these skills then its not their fault.



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  • samay
    07-28 04:32 PM
    Hello,

    I have filled I-140 in last week of March 2008. My priority date(the day I file labor) is 15-Sep-2007. My labor got approved.

    My I-140 is under EB2 India.

    Today I checked status of my I-140 on https://egov.uscis.gov/cris/caseStatusSearchDisplay.do

    It says :

    Application Type: I140, IMMIGRANT PETITION FOR ALIEN WORKER

    Current Status: REQUEST FOR INITIAL EVIDENCE SENT, CASE PLACED ON HOLD

    On July 25, 2008, we mailed a notice requesting initial evidence in this case. Please follow the instructions on the notice to submit the evidence requested. Meanwhile, processing of this case is on hold until we either receive the evidence or the opportunity to submit it expires. Once you submit the evidence requested and a decision is made, you will be notified by mail. If you move while this case is pending, please use our Change of Address online tool to update your mailing address.

    How much serious this is?? it says "REQUEST FOR INITIAL EVIDENCE SENT"

    I am waiting for RFI/RFE details as USCIS mailed it on July, 25 2008.

    Is there any difference between "REQUEST FOR INITIAL EVIDENCE SENT" and "REQUEST FOR EVIDENCE(ADDITIONAL)"?

    Is this means that they are processing my case?? Once I will give response to this RFE & they find everything fine than they will approve it(Hopefully) !!!!!!!

    I will really appreciate your response.

    Please reply me ASAP.

    Thanks.

    Relax and send all the documents requested by the USCIS. They might ask you for additional documents later based on what they receive from you or may approve your case.





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  • senthil1
    09-26 08:43 AM
    US economy situation is alarming. I doubt they will consider any immigration related bill until financial crisis stablises.2009 will be the key.Economy has to stablise. If not anti immigrants will block any bill citing the economy as the reason. If unemployment increases every month then any immigration reform is distance possiblity.Illegal immigrants are is getting publicity every year by rally for past 4 years but nothing happened. Pro immigrants are trying to block E-verify and some other anti immigration reforms. Anti immigrants are trying to block pro immigrant reforms. So any immigration reforms will be stalled until some compromise reached by moderates

    no comments from anyone on this ..I guess most of us are resigned to our fate ? no problems though since I have also given up ...GC will come when it has to ...it is better to have plan B and plan C ..(i.e. be ready to accept that there is a good chance that getting GC will become more complicated esp if there are layoff's everywhere ..I guess there is already a thread regarding issues faced by people who had to use AC21)
    ------
    I guess most of us are angry and resigned to fate ..what if we come with a shock therapy campaign ..i.e. get thousands of legal immigrant signatures ...and say we are fed up with the broken system and we intend to give up and leave US soon .. if this gets lot of publicity then atleast someone (maybe one of the presidential candidate) will come up with a solid promise to do something ??
    I have posted this in other threads to get more inputs ...I guess we need something dramatic especially when our cause is dying ...point is to get maximum publicity ..maybe flowers + the intent to leave USA



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  • gdilla
    07-13 12:41 PM
    This is the most ridiculous article I've ever seen.
    "I should have done my own homework before I applied" - no $hit. What makes you think going to med school in Indian means jack in Canada or the US. You have to get board certified. Duh. And I'm afraid cold calling doesn't work anywhere, including the US... does this work in India? Of course they're not going to listen to you. Jeez. People not doing their due diligence before THEY PACK UP AND MOVE HALF WAY ROUND the world... yeah, that proves to me you are smart enough to hire.

    [QUOTE=sankap]Here's an article that appeared in Outlook (India) magazine 8 years ago. Apparently, the situation hasn't changed much since then:

    http://outlookindia.com/full.asp?fname=international1&fodname=19990125&sid=1

    Canada...The Grass Isn't Greener
    Outlook: Jan 25, 1999

    It's a dream gone sour. Thousands of Indian immigrants who land up in Canada are, more often than not, greeted with unemployment, racism, culture shocks...

    SOHAILA CHARNALIA

    "I didn't come here to be a chowkidar. I came here believing it to be a land of opportunity; a country that has never known the nepotism, the corruption, the shortages of India. I find I have only substituted one country for another... certainly not one set of values for another, as I hoped. " For Dr Gurdial Singh Dhillon, who was made to believe his qualifications would land him a good job fast, Canada was a real disappointment. When he did find work, it was that of a security guard. This, when the United Nations has declared Canada the best country to live in.

    Some 200,000 people migrate to Canada every year, a majority from Asia. Hong Kong heads the list, followed by India, China, Taiwan and the Philippines. According to the Citizenship & Immigration Canada report, 21,249 Indians migrated to Canada in 1996 alone. (The high commission in Delhi, however, put the figure at 17,682). For many of them, especially those who are qualified professionals, dreams die fast. The life they face is never quite as rosy as made out by money-raking immigration lawyers.

    Is the UN report the only reason for the increase in Indian applications for immigration? That, and the fact that it is easier to get entry into Canada than any other western country, says a Delhi-based immigration lawyer. Also, the fastest way of getting immigration to the US is through Canada.

    Dhillon's disappointment is echoed by others. "I should have done my own homework before I applied", rues Aparna Shirodhkar, an architect from Mumbai, working as a saleswoman in a department store. "My husband is unemployed. I am the sole earner for a family of four. Sometimes I feel like running back". For Raheela Wasim, who's gone from being a schoolteacher in India to a telemarketer here, the experience was very discouraging, very disheartening. "I started losing confidence in myself. I felt I was not capable of the job market here".

    Jobs are the sore point with Indian immigrants. The irony is, they are often more qualified than their Canadian peers, yet they end up with either no work, or with entry-level jobs that have no future. "I was not told that you require a Canadian degree to get a job here", says Paramjeet Parmar, a postgraduate in biochemistry from Bombay University. Parmar works as a telemarketer, which has turned her from an elite professional to an unskilled, daily wage labourer.
    Ditto Opinder Khosla, a mechanical engineer from India, who has ended up as a salesman. "I found it difficult to even get an interview call", he says. The Canadian authorities are non-committal about the social and economic devaluation that the country imposes on immigrants.

    "You can't come thinking you can just walk in and get a job in your profession", says Isabel Basset, minister of citizenship, culture and recreation, responsible for handling immigrants' woes in Canada's largest province, Ontario. But she admits that the licensing bodies regulating the professions need to be more accepting of people trained elsewhere.

    That effort could only come from the government, argues Demetrius Oriopolis, co-author of Access, a government-commissioned report on assessing qualifications of newcomers, a 10-year-old report whose recommendations have still to be implemented. The report suggests certain rules of equivalence should be made binding on the regulatory bodies, which are exclusionist by nature.

    But Basset won't even hear of making the regulatory bodies accountable: "We believe in private enterprise with a minimum of government checks. Besides, she argues, the exercise would cost millions of dollars".

    Needless to say, the organisations are gleeful. Only professional bodies have the ability to determine what constitutes competence in a particular profession, was the cold response of the spokesperson for the Canadian Institute of Chartered Accountants, an institution that's responsible for the unemployment as well as under-employment of hundreds of qualified chartered accountants from India. They do not grant licences for professional practice, because Indian qualifications are not acceptable.

    "What kind of society are we creating? Is it a new form of slavery?" asks an irate Bhausaheb Ubale, Canada's former human rights commissioner. Qualified immigrants work as drivers, guards. If this isn't job discrimination, what is? Dr Ubale lobbied intensely before Indians were accepted in the media. They now hold jobs as reporters and anchors, he says, but a lot more has to be done.
    While skilled men may not be able to find jobs, their less qualified wives find it easier because they accept whatever comes their way. In several cases, the wives earn and support their husbands who are busy upgrading themselves, by studying for a Canadian degree. The working wife sometimes slogs away at three jobs. Sumitra starts at 7 am at her first job, teaching immigrants English; her second job as telemarketer starts at 4 pm. She gets back home around 8 pm, after which she begins selling cosmetics and household goods door to door. Till midnight. Sumitra supports three students, her husband and two school-going children.

    The other problems Indians face here are the high taxes, high mortgage payments for new homes and the sort of hidebound laws that the benign anarchy back home hardly prepares them for. "You can't run a red light, you can't escape from a hit-and-run site even if you are just the witness, you can't smoke in public. Too many rules, so different from home", says Harminder Singh.

    Two 'Indian' practices that do exist here, however, cause immigrants the maximum trouble. They are sifarish baazi (nepotism) and mufat ka kaam (free work). The Canadians, of course, have given them sophisticated terminologies, the former is referred to as 'networking' and the latter, 'volunteerism'. In a country where you are never encouraged to 'drop in' to meet someone, where the fax, the computer or the phone is used to complete most transactions, a job-seeking immigrant often has the phone put down on him. Polite but firm secretaries block access, unless the caller can drop a magic name that can help him gain entry. It takes at least a year for even the most enterprising immigrant to get to know somebody who can help him, before he can get a job at all.

    'Networking' goes hand in hand with 'volunteerism'. Many immigrants put in a year of free service before they are given the job. Most writers and anchors of Asian origin are given only part-time jobs, paid by assignment and with no fringe benefits. The company insists on the word 'freelance' on their business cards, to make it clear they have not been hired by the company, and hence can't demand higher pay or any benefits. They can, and often are, fired at will.

    Perhaps the greatest problem in Canada is the one that is least articulated--racism. According to a diversity report on Toronto (said to be the most ethnically diverse city in the world), the year 2000 will see its minority becoming its majority that is, 54 per cent of Toronto's population by the end of the millennium will be non-Whites. Keeping that in mind, it warned, if the discrimination against them in education, employment, income and housing, or incidents of hate are not addressed, it will lead to a growing sense of frustration.

    "All our problems exist because of racism", sums up Anita Ferrao, who works in a firm. Anita has worked for them for three years and has got neither promotion nor raise. "As an Indian immigrant, you can never reach the top. They'll see to that. It's better to bring in some money here and start a business. It's the only way you'll do well here and be respected. "
    But then if life is so tough here, why do people give up everything back home and come? The answer is the rosy picture of North America, inculcated right from childhood. Everything 'American' is considered superior. Better food, better homes, better life.





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  • roseball
    07-10 11:29 AM
    Wish you the very best byeusa......

    I might be moving to Canada next summer if there is no progress in my case here...My PD is Nov 2003 EB-3...I got my Canadian PR in May 2005 and I have until May 2008 to move.....So keeping my fingers crossed..I too work for a Canadian company in US.....Wish you good luck...



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  • villamonte6100
    12-14 01:12 PM
    I know. I work for a prestigious law firm and I know how hard it is to become a lawyer.




    There was a thread some time back about people considering going to law school and becoming their own lawyers. What I took out of it was that its not that easy. Besides going to school, you have to pass some tough state exams. I am quite happy with my lawyer. I paid some dough but its much cheaper than going to law school, and saves me time and headache.

    Going to law school is not for everyone, definitely not for me (fat books scares me :eek:). I like the suggestion by garybanz about getting a qualified opinion. Just so that we know.





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  • dreamworld
    05-12 10:14 PM
    Just like the jews, tamils practice their culture and language in sri lanka without been discriminated. You don't see Jews armed with weapons asking for part of USA for themselves.

    Your Justification makes no sense.............Jews and America is different. but SL.Tamils in SriLanka are like Jews and Hitler.

    There is no independent media allowed to the war zone. That tells the truth is hidden.

    So you might rise your voice and bring any comparisons/theory. but still you need hard-core independent media report to convince the world.





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  • ivar
    08-15 12:23 PM
    --- Deleted ---





    snram4
    01-15 05:48 PM
    For the past 2 years there were so many RFEs and denials and no body knew what basis. But if they bring a regulation and follow that everybody can prepare ahead and no surprises. It is not a question of making profit. They have to make profit by following law and ethics and not by using loopholes. The regulations will make the companies to follow the rules of the game. If bodyshoppers follow the law and ethics without any fraud they will become reputed companies and the regulations will not destroy them. But their profit may go down but good for everyone. Inspite of insane rules annual cap is reached even unemployment is decade high. I would term protectionist if annual cap is reduced or they make restrictions such that h1b cap usage is so low. In India best persons are available and whatever restrictions they put Indian techies will overcome unless they block it completely. 65k H1b is attached to WTO and no way they can reduce that.


    snram4,

    It seems you are concerned about companies making profit than what happens to you. That is a typical socialist/communist thought process. Communists/socialists are worried/jealous about companies making profit rather than their own well being. Ironically you are in the capitalist meca of the world.

    If you are not fine with companies making profit, you shouldn't be here in the first place.

    H1B rules are on the slavery lines already. Think about all the restrictions we have to undergo just because of H1B. Irrespective of whether H1B is allowed on consulting, consulting is here to stay in US and all over the world. If not H1B, Citizens and GC holders will do the consulting.

    The only thing many of us are good at is screwing our own countrymen and colleagues. Did it ever come to your thought that existing H1B rules are insane already ?





    richana
    07-30 06:59 PM
    Thanks Thampi, people let us post some more avoidance techniques to be used subtle or not, this is a scourge we need to get rid of.



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