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Monday, June 20, 2011

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  • a_yaja
    04-04 09:10 AM
    I hope not. If they ban bodyshops the cap will never run out.
    And people in Real companies will be able to get the visas.
    There are many business models and you need to be aware of how each model works. There are a lot of companies, banks, insurance companies, even small and medium manufacturing companies that hire contractors for developing IT applications. They remain contractors for a reason - once the application has been developed - the contractors turn over the application to the company for maintenance and enhancements. A small percentage of contractors stay on and become permanant employees - but others move on. It would not be cost efficient for those companies to hire all developers as FTEs - the cost associated with benifits, taxes, 401K, etc are much more costly than having a contractor. Ofcourse, they can lay-off the employees after the project is completed - but what would that do to their reputation? Any company that follows a "hire-and-fire" policy cannot survive long.

    Let me give you a simple real life analogy. Let us say that you have a decent family sized car that you and your family use on a daily basis. Then let us say you want to go on a vacation with your friends family. What would you do in this case? Would you go out and buy a mini-van? Or would you rent one?





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  • jsb
    01-22 10:10 AM
    I felt sympathy for the OP. That was well written. I agree that xyzgc missed the point on what the OP was trying to say.
    You on the other hand are arrogant. Are you saying that it is your right to buy a house? And we all should sympathize with you when you lose your house? And we need to fund your extravagant spending with our tax dollars, while some of us weigh in the risks and decide to live in rented house.
    I wish I get my share of the bail out money. I wanted that Ferrari. Damn, I need to 'enjoy my life and my desire to lead quality of life'.

    Nothing is right or wrong, as meaning of quality of life is a very subjective thing.

    In Japan, people work hard, send money/products to the US, and be happy for better quality of life by looking at increasing balances in their bank books each morning, and don't care what homes/cars they have.

    In the US, people get happy for better quality of life by looking at their new BMW's, and nicely furnished homes (bought by money borrowed from Japanese investors), and don't care what they owe.

    Both are unhappy too, for not having enough what they want more, Japanese want to have bigger balances in their bank books, and American want bigger BMW's and homes.

    "Peace of Mind - Do you have" referenced in posts above is just a price for the quaility of life they "enjoy". No enjoyment comes without a price.





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  • delax
    07-20 10:03 AM
    Also conversations will affect this because people converting from EB3 to EB2 will make sure that they port their priority dates and hence if say all the EB3 people from 2003 convert to EB2 and successfully port their dates it will definitely push the dates south of 2003. Did I make sense???

    You are correct. EB3 to EB2 conversions can impact the movement of dates - but there are a few factors working against that. Refiling labor and I-140 is an expensive affair and not everyone may be ready to shell out nearly $10k. Besides the time taken nowadays for labor and I-140 approval means that the conversion can happen only in about 12 to 18 months or so. The third variable is also the close scrutniy (read audit) that DOL is doing of EB2 labor applications. If people started conversions last year they should be good. But if someone plans to start it now, then I think it is a shot in the dark - however from an EB3 perspective, a shot in the dark may be better than no shot at all.





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  • grinch
    02-26 02:54 PM
    Hey guys!

    I'm finally back from the beautiful Italy, and I'm ready to start getting back into the battle!

    March 10th sounds pretty good, yet I just might need a couple days or so, depending on how my time goes.

    and soulty, your not going to participate?! Aw hoe come man! I was looking forward to your entry!

    I'm still working hard, almost done!



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  • reddymjm
    09-09 01:53 PM
    I understand what you said, but just to consider the off numbers published by dos

    http://www.travel.state.gov/pdf/EmploymentDemandUsedForCutOffDates.pdf


    EB2 total pending 34325
    EB3 total pending 136325


    2010-2011 quota EB1+EB2 ( 85343 )
    less eb2 - 34325
    --------------------------------------------
    51018 trickeling down for EB3 Worldwide?
    2010-2011 quota EB3 ( 42671 )
    less eb3 - 136325
    --------------------------------------------
    42636 ( eb3 pending )
    2011-2012 quota eb1+eb2+eb3 128013

    So, with above math Eb2 will be current by next year, and eb3 will be by end of 2012?

    above math is based on
    inaccurate numbers given by DOS?
    assuming no new applicants applying.
    Hope I am correct! :)
    The Formula fails if EB2 becomes current, there will be a flood of applications and 0 will trickle down EB3 ROW or Even quarterly spill could kill EB3 hopes.





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  • sw33t
    05-27 07:56 PM
    There seems to be a lot of misconceptions on what to do when stopped by CBP (Customs & Border Protection), colloquially known as "Border Patrol".

    Border Patrol Agents are federal agents and answer to no state/local authorities except their own. Despite misconceptions on their authority and the civil rights issues of road blocks, Border Patrol agents are authorized to detain and make arrests based on the following -

    a. Inability to establish identity
    b. Inability to establish immigration status
    c. Trafficking - Narcotics, Weapons, Tobacco, Alcohol etc. etc.
    d. Detain/arrest felons with federal warrants
    e. Enforce laws related to trade agreements/customs

    As far as what gives the CBP the right to stop/search you,

    Search Authority (http://help.cbp.gov/cgi-bin/customs.cfg/php/enduser/popup_adp.php?p_sid=Jt4f8Uyj&p_lva=74&p_li=&p_faqid=25&p_created=1043364935&p_sp=cF9zcmNoPTEmcF9zb3J0X2J5PSZwX2dyaWRzb3J0PSZwX 3Jvd19jbnQ9MiwyJnBfcHJvZHM9MCZwX2NhdHM9MCZwX3B2PSZ wX2N2PSZwX3BhZ2U9MSZwX3NlYXJjaF90ZXh0PUgxQg**)

    "The Congress of the United States has given U.S. Customs and Border Protection broad authority to conduct searches of persons and their baggage, cargo, and means of transportation entering the United States. This authority is contained in Title 19 of the United States Code, Sections 482, 1467, 1496, 1581, and 1582. For further information please visit the Inspections Section on the Customs and Border Protection website. "

    As far as making photocopies (Colored / B&W), pre-June 1st, 2009, the law clearly stated that photocopies of official US documents cannot be used as proof of valid status. If you read through most official US documentation (fine-print), you will see this printed. Aside from being charged from counterfeiting US documents for purposes other than official purposes (application to a US agency), Border patrol will reject such documentation. The only exception after June 1st, 2009 is the following -

    "June 1, 2009: ALL persons*, including U.S. citizens and Canadian citizens over the age of 15, traveling between the U.S. and Canada, Mexico, Central and South America, the Caribbean, and Bermuda by land or sea (including ferries), will be required to present a valid passport or other document such as passport cards, NEXUS or SENTRI cards, or driver's licenses that meet certain security requirements. Children 15 years of age and younger are exempt from the passport requirement, although they will be required to have copies of their birth certificate. (The copy does not have to be certified, xerox copies are ok, but certified is always better.) Teens between the ages of 16-18 who are part of an adult-supervised school, religious, cultural, or athletic group, are also exempt from the passport requirement if traveling by land or sea."

    You will be detained if the Border Agent decides that there is enough suspicion to do so but it is up to the discretion of the agent. Technically, you are supposed to carry documentation, IN ORIGINAL. Some exceptions are those who have a valid Driver's License from states who have implemented the "REAL-ID" act.

    This is the official FAQ on what you need to carry by the CBP. (PLEASE READ THROUGH IT).

    Documents to carry while traveling (http://help.cbp.gov/cgi-bin/customs.cfg/php/enduser/std_adp.php?p_faqid=572)


    And please, DO NOT LIE when being questioned. Getting pulled over by authorities can be a nervous experience but always take a deep breadth before you answer a question. Agents are trained to spot physical signs of an individual concealing the truth. YOU WILL BE DEPORTED if you do so & denied entry for 10 yrs.

    When stopped, hit the emergency blinkers and place your hands on the steering wheel and ask the occupants to not make any sudden moves. If you are carrying documentation, let the agent know the same and tell the agent where it is located and seek his approval before reaching out to get the documentation.

    What to do if you wish to file a complaint because a CBP officer was unprofessional/rude?

    File a Complaint (http://help.cbp.gov/cgi-bin/customs.cfg/php/enduser/popup_adp.php?p_sid=MIxTbUyj&p_lva=572&p_li=&p_faqid=29&p_created=1043364935&p_sp=cF9zcmNoPTEmcF9zb3J0X2J5PSZwX2dyaWRzb3J0PSZwX 3Jvd19jbnQ9NCw0JnBfcHJvZHM9MCZwX2NhdHM9MCZwX3B2PSZ wX2N2PSZwX3BhZ2U9MSZwX3NlYXJjaF90ZXh0PXJ1ZGU*)

    For more unofficial information on road blocks, the "Roadblock Registry" is an independent website that documents the politics of "Road blocks" in the US.

    http://www.roadblock.org/whattodo.htm


    Most of all, please drive safe and don't drink & drive near the border.



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  • tapukakababa
    07-18 09:55 AM
    Mine reached USCIS Jul 2, 2007 10:25 AM.. no check cashed, no RD..

    I will call USCIS next monday if I dont hear anything before then..


    what should we ask them for if we call, 'coz they might not have entered our file in their system yet.





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  • sodh
    07-23 03:39 PM
    Do you have any document from CIS? Need some proof to fight.
    Important missing documents,USCIS can reject an application on their discretion, no need for RFE.



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  • mundada
    09-28 02:59 PM
    Jaime - you nailed it. People must concentrate on what they have to do. I started this thread for gettting a general perspective, because I seen articles about Blue Card and my dad also told me to look into it.

    This thread has been very informative. Let folks keep blogging their prespectives
    Good point Jaime... currency strengthening has nothing to do with general career opportunities in that particular country. In short term it is because of interest rate differentials and in long run it is because of multiple factors primarily being inflation and trade balance. Therefore moving to Europe or India (best performing Asian currency this year) because of appreciating local currency does not mean anything as far as your career opportunities are concerned.

    By the time you are settled in Europe (5-10 years), the currency rates may reverse because US would have started exporting more goods to Europe as US goods would be getting cheaper. Euro and dollar zones are mature market based currencies so we can say something about them.

    However, same is not true for India largely because of intervention of RBI. However, look at Japanese currency, over 3 decades it has risen from 600 yen to 115 yen even after intervention of Japanese central bank. This is because of strength of exports from Japan. So it is possible that INR may end up somewhere near Rs. 8-15 if we go by PPP or somewhere in between depending upon trade balance and inflation. However recent reports suggest that Rs. 32-35 is breaking point and Indian software exports will become costlier than simply offshoring to Arkansas or Illinois. Therefore, most likely Indian govt. will step in and avoid dollar free fall against rupee.





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  • go_guy123
    06-08 06:58 PM
    Same old stuff. I dont see a light at the end of the tunnel till some immigration reform bill gets shoved in or a comprehensive immigration bill is introduced.

    The obama administration is not in a mood to touch immigration and we live to be scape goats of policies back from 90's.

    Immigration is the third rail of American Politics. Nobody wants to touch that.
    Obama and his party wont risk election 2010



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  • uma001
    07-29 12:42 PM
    When they cannot do it, why promise?. Complete the pre-PERM process in 3-6 months and come to decision immediately.Dont drag it for 3-4 years and say 'oh, no we cant file green cards, we found candidates and they will hire H1s again, not american citizens. And they repeat the whole process again.Wasting 3-4 years on GC process is not a small thing. You need to start from scratch again.

    If big companies do not have any intention of doing green cards then say it before hiring.





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  • bfadlia
    02-16 01:57 PM
    I am sorry if I offended anyone. I don't recall how.
    and by the way, my friend, you really really need a life :-) That's the last thing you'll hear from me on this subject.
    peace out

    don't worry my friend.. it's not u.. that dummy has been using this fascist style of discussion on all threads
    just ignore him.. it infuriates him like hell.. u'll be amused with his later responses :)



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  • diptam
    09-28 10:09 AM
    We have given some our most energetic and productive years of life in this country. We paid taxes,we spent money here,we got set with the way of life and peoples here.

    There is no question of running away. We got the skills,qualifications , attitude - we can settle anywhere we want - That's not an issue. Ther issue is that we should not run away from Problems. Otherwise where ever we go - we will have to moveout from there too in couple of years - who knows !!

    At the end of the day, its comes to ones preferences.

    The way i look at, after spending so many years in states, its just hard to pack and move. Over the period of time, we make friends, we have familes and above all we invest the best years of our lives.

    Pros and cons will be everywhere.
    India no doubt has changed a lot. One can debate about the pros and cons the whole day. I dont think money is a problem in india any more. The economy is growing like anything and will keep on growing. No doubt about it.

    I am sure folks who have spent 7-8 years in this country and are still trying to settle down, will love every oppurtunity to settle down here. Because this country is like our home now. We have given it everything. We have made sincere efforts in helping the American economy grow.

    Even if we move to other countries, there is no gurantee we will be treated good. We have to start from scratch, make friends, earn peoples respect and trust.

    Sometimes i feel sad when people talk about leaving the country, to whom they have given everything.

    I will like to ask everyone one question.
    Why not give one good shot at trying to fix the broken Employement-Based green card system? What are we all scared off? We never did anything wrong, so why do we need to leave the country?

    Folks think about it.

    I am sorry if i offended anyone, but this is what i feel.

    I believe in fixing things then running away from them. Thats my take.

    GO IV GO
    TOGETHER WE CAN





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  • immigrant2007
    07-29 01:35 PM
    Add CareFirst - Blue Cross Blue Shield
    Legg Meson

    All these companies take people on H1 and after an year of year an half they say they have changed policy and they can't file H1. They have big lawyers like M**** and R**** and those lawyers tell employers even if your employee is on 5th year and if you don't file GC (PERM) b4 365 days its alright.... we can send them out and re catpture time and all BS and ultimately employees suffer.... as they r in their 5th or some are in 6th year and are completely screwed up.
    We should think of taking some legal actions...

    advise forall my friends (ots free)
    don't comprise on these things on job here:
    GC
    Salary
    Position

    Based on my experience here if you are good you will find your own way. Take everything in written or say no directly (it happens, no word of mouth)



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  • Openarms
    11-06 10:49 AM
    This is the only thread and issue that helps a lot of people in the process. If USCIS send the numbers correctly then we better of assuming when is our GC turn is. We will know the real picture and it will definitely open lot of peoples eyes to act in the future... So "Immigrants" please send the letters.





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  • snathan
    03-10 08:52 PM
    All our applications are based on our Employment-- We are already employed and filed our petitions for legal permanent residency. How on earth would that affect the un-employment rate? We would continue to work in jobs in US until our I-485 gets approved. Just because delaying our approvals does not increase/decrease the un-employment rate. I am fully aware of the legislations introduced by the Congresswoman Zoe Lofgren. There were too many legislative bills in her agenda.

    We would succeed if we just focus a single item-- Visa Recapturing and NO other business.

    By the way Mr.snathan, are you an administrative member of the IV team?.

    You and I understand that we are already employed. Please check the Number USA site and tell me what common american people thinks about this.



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  • moonrah
    08-07 11:10 AM
    how do I translate this to future EB date movements?





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  • akilhere
    10-11 12:44 PM
    Received email about change in status to 'Your Case Status: Request for Evidence Response Review'. USCIS should have received it yesterday and today it changed to response review.

    RFE email: Sept 10, 2010
    RFE received by attorney: Sept 21, 2010 [Civil Surgeon was not in current list of authorised civil surgeon + x-ray report was missing]
    Reponse to RFE sent on : Oct 05, 2010 via USPS
    Soft LUD/email: Oct 07, 2010 @10.30PM PST [Your Case Status: Request for Evidence Response Review]

    feedfront

    I got an RFE on my 485 on Oct 6th. But I haven't received the letter yet. But, since my TB test turned positive and I had to take an X-ray, I'm wondering if I would get the same RFE on my 485 too. I haven't changed employers nor had any H1B breaks in my 12 year stint here. So, I'm wondering if it would be the same RFE as yours.
    In case of an X-Ray missing, couldn't we contact the doctor's office where we did our tests and ask them to mail it again? Or should we do it once again now? I did my tests in 2004, so I'm not even sure if they have copies of my X-rays with them.

    Please let me know.

    Thanks,





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  • immi_seeker
    03-12 01:13 PM
    Guys try to be matured in this bad situation. Bashing IV is not a solution. We can not afford to cut the bunch of tree where are sitting! Lets understood the hardcore reality.

    1. Changing of law is not possible in near future.
    2. When law is very clear for applying quarterly spillover, why the hell USCIS/DOS is not applying spillover even in third quarter? Half of the problem will be solved, if they effectively apply spillover. Why we are not pressuring USCIS/DOS to follow the law for spillover? Truth is with us. If we are truly frustrated, why not doing another flower campaign, hunger strike, tremendous pressure to the Congress and White house, or lawsuit? There are 60 to 70 thousand spillover visas will use to backlogged categories.

    Planned out thousands of flowers to DOS/USCIS or file class action lawsuit for not applying spillover on timely manner. In past they they wasted thousands of visa for just waiting for spillover in last quarter.

    If you are really frustrated come out and make the change. Bashing to the IV is not solution.


    Totally Agree. Bashing IV is not the way to go. IV is nothing but all of us. This is the only platform we have got. Lets not think IV as an external company who we pay money and if things doesnt work out bash them.Thats not the model here. Also we should be thankful for whatever the volunteers are doing. If things work out thats great. If not that stil okay. Atleast we have a platform like IV to discuss ideas and do initiatives. Please try to take things positively.

    My biggest concern in the VB stuff is that it seems USCIS is heading towards wasting visas. We need to work together to make sure that doesnt happen. All Visas should used in whatever way it is spilled over.





    felix31
    03-19 11:02 PM
    At least you have the option of having consulting comp file your first H1.
    There are tons of folks in other non-IT industries that struggle to get an offer 10 months in advance... and get a place in the queue.

    the way its set now, only IT people benefit ..

    My friend got a teaching position and early contract, but when it came to the h1 visa, school county withdrew the offer. And this was for a shortage occupation too. They would rather go understaffed than file H1. And they did not find anyone else to fil the position.

    Nowadays, getting a job and H1 has nothing to do with skills, experience, education etc. It's pure luck of being at the right place in the right time.


    I am on H4 for the past 2years and this year I am trying to move to H1. The problem here is no big company responds to my resume.(Mine is not a cooked up resume. I have 6 years of experience and a lot of certifications). The only calls I get is from desi consulting firms. No US staffing firm nor BIG US firm sponsors H1s for first timers like me in US as we don't have US experience. They get their jobs done through consultants on Corp-Corp basis. Sometimes I am getting depressed seeing all this. May be I think I am forced now to go to a consulting firm to get my H1b because they are the only people who sponsor H1s in April to work in October which is 8 months from now. The system has to be revamped otherwise this system is going to exploit a lot of people like me. I cannot wait till we get a green card or work permit because it looks like it is a million years away from now. One thing I understood is that H4 dependents have no rights in this country and they talk about human rights violations elsewhere.





    gimmeacard
    07-12 05:57 PM
    my PD is april 2006, hope it comes soon



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