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Friday, July 1, 2011

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  • desi3933
    06-16 03:31 PM
    FYI, there will be a manager from TCS/WIPRO/IBM side to whom all these L1s will be reporting... They will "work" with client MGRs but report to employer MGR....

    legal shortcut.

    >> This shows your poor understanding of how an Indian company is being operated
    :D





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  • Michael chertoff
    09-24 09:40 PM
    will be current before on or Sept 2010.

    Thanks brother for giving me some idea...





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  • vignesh
    09-13 09:50 AM
    PD: 22nd March 2006
    Opened a SR on 7th Sept and wrote a request to local Congress man.
    Approval: 10th Sept

    Got a email approval for spouse on 10th Sept ! No changes seen in my status online but I got a response for my SR request that my case is also approved on 10th Sept, the email from SR came on 10th Sept.

    Till date no changes to my status online but when you call the USCIS toll free number, I do here my case is approved on 10th Sept.

    Just sharing my experience and thanks to Immigration voice forum.





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  • gtg506p
    01-09 10:17 AM
    Sheela Murthy and Greg Siskind might also be good contacts. I think IV is already in good contacts with them?



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  • go_guy123
    05-09 08:33 PM
    Let us talk about the "skills" introduced by H1/L1/offshore companies

    a) One guy takes the phone interview for 15 other guys with "skills" they preted to have
    b) Lying on the resume with "skills" that you don't have, so that you can learn the "skill" at the expense of the client
    c) "Skill" in Violating B1 visa laws and sending people on B1 to do actual work to client
    d) "Skill" in violating L1 law which is used to drive down the wages by 20-30%
    e) "Skill" demonstrated by indian offshorers to enter into a contract with a large corporation where they will provide warm bodies in exchange for a very low billing rate. Client wouldn't have any ability to interview the incoming cosultant, which means the offshorer employee is learning at the expense of the foolish client. Then that will be touted as "savings".
    f) "Skill" of fly-by-night operators to shave off 70% of the billing rate through a 6-level pyramid of contracting companies

    Should I add to this list of "skills" further?

    Yes they are very true. Except in f) Generally 6 level pyramid of contracting is financially unviable. Max I have seen is around 4. Beyond that there is nothing left.


    Regarding a) , b) and e) from the client standpoint say a financial company all that they care for is the job being done at lower cost. IT departments are cost centers and management dont care much about cost centers.

    To some extent Obama administration is cracking down on H1B employers abuse.
    Well thats natural when democratic party has control over whitehouse.





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  • OLDMONK
    06-29 07:52 PM
    Samcam you are bringing in an Original post so its good. We have had about 5 original posts (not 15000) where people were contacted by law offices including you. since 2:pm PST today.

    Other than that every one is referring to immi-law's OH or Aila or Murthy Now, Oh boy what a frenzy. Continue on original thread. Thanks



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  • vasa
    07-11 09:04 AM
    HI guys,..
    Not sure if anyone posted this link... it is on PRLOG
    "Bollywood supports Highly-Skilled Workers' Green Card Concerns"

    http://www.prlog.org/10023531-bollywood-supports-highly-skilled-workers-green-card-concerns.html





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  • adusumilli
    09-24 11:48 AM
    28.6%/5 = 5.72% for EB3-India + Spillover from EB2 and EB1, not more than 10,000 of which to "Other Workers".
    28.6%/5 = 5.72% for EB2-India + spillover from EB1
    28.6%/5 = 5.72% for EB1-India + spillover from EB4 and EB5


    Each category is 28.6% WW Quota.

    WW Quota consists of 5 country specific sub-quotas 1)India 2)China 3) Mexico 4) Philipines 5)ROW.

    Based on page 1, I do math as under for Philippines categories.
    -------------------------------------------------------------------------------------

    1) Quota for EB4 -->7% x 140000/5=1960, Pending: 70 Quota to be spilled over to EB1= 1890
    2) Quota for EB5 --> 7% x 140000 / 5 = 1960, Pending: 0 Quota to be spilled over to EB1 = 1960
    3) Quota for EB1 --> 5.72% x 140000 = 8008 + EB4 spillover 1890 + EB5 spillover 1960 = 11858 - pending 74 = Total
    11784 will go to EB2
    4) Quota for EB2 --> 5.72% x 140000 = 8008 + 11784 =19792, Pending: 510, So total 19282 VISA numbers will be spilled
    over to EB3.
    5) Quota for EB3 --> 5.72% x 140000 = 8008 + 19282 spill over =27290 - 11563 Pending = 15727 VISA extra.
    6) �Other Workers� � Pending: 264 TOTAL UNUSED VISAS = 15727-264 = 15463 UNUSED VISAS will go to the quota
    of other countries.


    Based on page 3, I do math as under for ROW categories.
    ------------------------------------------------------------------------------

    1) Quota for EB4 -->7% x 140000/5=1960, Pending: 1378 Quota to be spilled over to EB1= 582
    2) Quota for EB5 --> 7% x 140000 / 5 = 1960, Pending: 40 Quota to be spilled over to EB1 = 1920
    3) Quota for EB1 --> 5.72% x 140000 = 8008 + EB4 spillover 582 + EB5 spillover 1920 = 10510 - pending 2477 = Total
    8033 will go to EB2
    4) Quota for EB2 --> 5.72% x 140000 = 8008 + 8033 =16031, Pending: 7150, So total 8881 VISA numbers will be spilled
    over to EB3.
    5) Quota for EB3 --> 5.72% x 140000 = 8008 + 8881 spill over =16889. Pending: 62840 -16889 = 45951 applications will
    still be pending and pushed to year 2011.

    Based on page 4, I do math as under for China categories.
    -----------------------------------------------------------------------------------

    1) Quota For EB4 --> 7% x 140000 / 5 = 1960, Pending: 384 Quota to be spilled over to EB1 = 1576
    2) Quota For EB5 --> 7% x 140000 / 5 = 1960, Pending: 13 Quota to be spilled over to EB1 = 1947
    3) Quota for EB1 --> 5.72% x 140000 = 8008 + EB4 spillover 1576 + EB5 spillover 1947 = 11531 - pending 607 =
    Total 10924 will go to EB2
    4) Quota for EB2 --> 5.72% x 140000 = 8008 + 10924 =18932, Pending: 19333, So total 401 applications will be pushed to
    year 2011 with pending approval.
    5) Quota for EB3 --> 5.72% x 140000 = 8008 + no spillover = 8008 � 6343 Pending = 1665 visas Extra.
    6) �Other Workers� � Pending: 30 TOTAL UNUSED VISAS = 1665-30 = 1635 UNUSED VISAS will go to the quota
    of other countries.

    Based on page 5, I do math as under for India categories.
    -----------------------------------------------------------------------------

    1) Quota for EB4 -->7% x 140000/5=1960, Pending: 123 Quota to be spilled over to EB1= 1960-123 = 1837
    2) Quota for EB5 --> 7% x 140000 / 5 = 1960, Pending: 13 Quota to be spilled over to EB1 = 1960-13 = 1947
    3) Quota for EB1 --> 5.72% x 140000 = 8008 + EB4 spillover 1837 + EB5 spillover 1947 = 11792 - pending 418 = Total
    11374 will go to EB2
    4) Quota for EB2 --> 5.72% x 140000 = 8008 + 11374 =19382, Pending: 47728, So total 28346 applications will still be
    pending for year 2011.
    5) Quota for EB3 --> 5.72% x 140000 = 8008, no spill over. Pending: 62607 -8008 = 54599 applications will still be pending
    and pushed to year 2011.

    Based on page 6, I do math as under for Mexico categories.
    -----------------------------------------------------------------------------------

    1) Quota For EB4 --> 7% x 140000 / 5 = 1960, Pending: 62 Quota to be spilled over to EB1 = 1960-62=1898
    2) Quota For EB5 --> 7% x 140000 / 5 = 1960, Pending: 0 Quota to be spilled over to EB1 = 1960
    3) Quota for EB1 --> 5.72% x 140000 = 8008 + EB4 spillover 1898 + EB5 spillover 1960 = 11866 - pending 174 =
    Total 11692 will go to EB2
    4) Quota for EB2 --> 5.72% x 140000 = 8008 + 11692 =19700, Pending: 211, So total 19489 applications will spill over to
    EB3 category.
    5) Quota for EB3 --> 5.72% x 140000 = 8008 + 19489 spillover = 27497 � 7878 Pending = 19619 visas Extra.
    6) �Other Workers� � Pending: 8415 TOTAL UNUSED VISAS = 19619-8415 = 11204 UNUSED VISAS will go to the quota
    of other countries.


    TOTAL UNUSED VISAS = 15463 + 1635 + 11204 = 28302.

    Assuming these unused visas from Philippines, China and Mexico will be used for India, ROW equally India will benefit additional 14151 VISAS this year. Assuming all of these go to EB2 India Pushed down figure for EB2-India for the year 2011 will be 28346 � 14151 = 14195 pending EB2-I applications ready to go to year 2011.

    How did you come up with dividing by 5 that is like 20% per country. isn't the cap 7% per country?



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  • kaisersose
    03-26 02:07 PM
    This is plain stupidity. These employers should first take a good look at an EAD and a GC. As for as work authorization is concerned, both these cards provide us with the same rights. The EAD says �The person identified is authorized to work in the US for the validity of this card� where as the GC says �The person identified by the card is authorized to work and remain in the US�.

    So why does the legal department come into picture here? Is it because of the expiry date associated with EAD�s? If that�s the case even a GC has got an expiration date (a later date maybe). Does that mean that an additional budget is required to hire GC holders?

    I was thinking exactly like you until she educated me on this yesterday.

    The problem with the EAD is you are invoking AC21. There are several possible problems here including

    1. Complying with AC21 requirements of job code, 180 days after 485 RD, etc.

    2. Invoking AC21 without 140 approval. This is not against the law, but is risky in case of a 140 RFE.

    There are more reasons, but these ought to provide enough clarity on the problem. It is in the employer's interest to ensure that the candidate does not have any such issues; issues which will lead to termination of employment. The Recruiter cannot check DOL job codes and USCIS documents. That is the job of Legal which means $$$.

    So if the hiring manager does not have a budget for these extra costs or if he has an equally good candidate who is a GC holder or a citizen, it is easier to go with him or her.





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  • anilsal
    01-24 12:30 PM
    http://anilgeneral.blogspot.com/2008/01/india-in-1835.html


    Someone forwarded this recently.

    This may not be true, as told by pegasus.



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  • MeraNaamJoker
    08-16 10:04 AM
    I Have opened an SR on Aug 6th and then sent an email to TSC followup . I got a response from them on friday " We are currently researching this situation and will contact you with an update." HAs anybody this kind of response?

    Thank you

    I had created two different SRs, one for myself and kids and one for my wife. The SR which I created for my wife got a response with Card Production Ordered and for the SR I created for myself, the status in the response was "currently under the review". The date was one day before my CPO mail date.

    I guess you have nothing to worry. This seems to me as a standard response.





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  • eb_retrogession
    01-06 09:20 AM
    This site should have some provision so that we can send multiple mails to different people who are suffering from retrogression


    apnair,

    Your suggestion has been submitted to the webmaster and it is on his list of To-Do's. It will be implemented shortly.

    Thank You.



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  • reddymjm
    09-09 11:42 AM
    Will do





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  • EB2DEC152005
    08-12 02:19 PM
    Hi

    I saw some posts from user appas123, I need some help filling out 7001 form. If you do not mind please call me on my cell 2482275390. It would be greatly appreciated.

    Thanks in advance.



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  • aquarianf
    06-15 01:08 PM
    Seems like we are so many here who are planning to file on our own. Isn't it wise to hire an attorney and negotiate a better rate, so we all can file correctly in one shot?


    All attorneys are going to be very very busy so it is just better to file your self. I have an attorny, I submitted all documents to my attorney by 20th May but they have not done anything about it.





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  • ganguteli
    05-09 01:35 PM
    I have news for you (and the certitude with which you make your claims here are laughable). Computer science graduation rates in US went up this year by 6-8%, because the visa caps since 2003 remained at 65000 instead of 195000 creating some demand here. I personally know kids who wanted to go to Computer science, but went for other areas like health care because of the lack of offshoring/H1 etc. If the crooked Indian offshorers and fly-by-night operators are not driving down the wages, more americans will go to computer science, as they would go for a career as MD or Pharmacist or lawyer (almost all those careers need at least 6-8 years of college). They also know that professional associations like AMA or APhA wouldn't allow importing foreign workers by corporations/hospitals on a scale that H1-bs are imported in IT area

    Based on my experience, I wouldn't say that Indian kids have any special skills in maths or science compared to americans. Contrary to what you claim, people are aware of H1s and offshoring(may be so much on the exploitation of L1) as they talk to friends and family and guidance counselors at school. Most of the IT jobs were Indian H1-bs are employed doesn't even need computer science or engineering degree. Some of the best architects I have seen in IT didn't have a computer science major. A green-horn from TCS/INFY with a computer science degree and pretending to be an architect doesn't mean he is the best IT professional available in the market.

    American college kids spend most of their time partying and sex. They do not study. Only a very very few really study. Others just get by because professors are under pressure to pass them. If professors fail them, then no student will take their course or give bad rating that will affect their Tenure track. The education system is just pathetic and thus kids prefer to study arts and commerce. It is because they cannot fathom tough calculus or trigonometry. The pre-college years are spent in Prom nights and losing virginity. Thus these people fail to compete at global level. Only very few are good and they go to good universities. On the other hand international students come after lot of hard work and tough competitive education system. They are well trained to learn even in meagre resources and compete with others. This is the reason international students and immigrants do well in this country and innovate.

    So stop calling your American people as best and brightest. Most of you who come here on this site and live on anti-immigrant sites are middle aged people who cannot get a job anywhere. You guys are just too lazy to study new technologies that is ever changing. You are more interested in having beers and watching football. Go and study and upgrade yourself rather than whining. You will not be able to convince us however much you try here.



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  • rakesh_one
    05-10 10:09 AM
    My wife is on F1 visa and I am hoping the dates will move soon and we will be able to file 485. I would like to know if

    >she can file 485 by being in F1 ?
    >Once she files being in F1, can she still continue to be on F1 and travel in and out of US on F1?
    >What will be her status when she starts using EAD if she filed being in F1?





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  • pcs
    06-21 04:19 PM
    At one post , I read this ???

    Can some one confirm if we need to attach the copy of labor certificate ?





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  • bank_king2003
    09-22 11:24 AM
    It is fine for you NOW that you received your GC now and "see" the plight of IO. You are drinking cool aid now under the awnings of Green card. It is now tough for you to understand the plight of the people on "this" side as you crossed over to the "other"side. It is the same old story of people who got their GC and Citizenship dont care about the people who are going to wait for dog long years. Imagine what would have you done, if you didn't receive your GC in 15 days time, i am sure that by this time you would have shaked the earth from heaven to hell by calling your senators, ombudsman, alderman, congressmen etc. Instead of giving advice to others to understand the plight of IO's, keep your emotions under check and encourage others to do their best. Do not post unnecessary comments.

    buddyinsd is a crap. dont even bother responding to him... his grey matter sends him a signal to go to any thread and vomit. when put in ignore he starts barking to gain attention.

    On the other hand i would strongly encourage people to do what they can do. in my example i have done what a person can do maximum and got positive results. I have even got a phone call from secretary janet's office. loosers like buddyinsd will discourage people to take action for there green card but you guys dont have to stop. it is your fight not this losser's fight.





    whitecollarslave
    03-27 12:08 AM
    There is a whole lot of good information about citizenship or immigration status discrimination at http://www.usdoj.gov/crt/osc

    From their Employee Brochure:
    http://www.usdoj.gov/crt/osc/pdf/publications/en_wbroc.pdf

    If an employer has denied you work or fired you because she or he will not accept your work authorization as proof of your legal right to work in the U.S., or they only hire U.S. citizens or permanent residents, she or he is breaking the law. You need to show the employer the List of Legal Work Papers on the left. If the employer still insists on seeing a particular document, or refuses to hire you, call OSC right away.

    From their Employer Brochure:
    http://www.usdoj.gov/crt/osc/pdf/publications/en_guide0507.pdf

    As an employer, to avoid employment discrimination based on nationality or citizenship status, you must -
    Treat all people the same in announcing the job, taking applications, interviewing, offering the job, verifying eligibility to work, hiring, and firing.

    From OSC Update newsletter April 2004:
    http://www.usdoj.gov/crt/osc/pdf/osc_update_APR04.pdf

    ...various internet job boards list numerous job postings requiring that applicants be U.S. citizens or permanent residents (or “green card” holders) only. In addition, many job postings, especially for positions in the high tech industry, express a preference for H-1B visa holders only. In most cases, it is unlawful discrimination to require job applicants to have a particular citizenship status or immigration status. An employer may require U.S. citizenship or permanent residence for a particular job only when required by law, regulation, or government contract.

    FAQ:
    2. Can’t I just require that applicants have a “green card?”

    No. A “green card only” (generally used to refer to a permanent resident card) policy will almost always violate federal antidiscrimination law.

    If you are told by an employer (verbally or in writing) that they will consider only citizens or green card holders, call the OSC hotline. They may not give you the job based on some other criteria but they will not discriminate anybody else in the future.

    If you find any job posting or ad which states that they will hire only citizens or green card holders, or explicitly declines to hire somebody with EAD, post it here. If you don't wish to, maybe somebody else can make the call.

    In most cases it would be pure ignorance on the recruiter's part. A simple phone call from OSC will clear that.

    Of course the best course is to avoid bringing up EAD in the first place. But if it comes to that, you can reach out to OSC, even if you don't have anything in writing.





    gvenkat
    09-23 08:08 PM
    All we need is just 233,816(page 2) visas(forget about country limit, EB category etc). In that case in 2 years we will have 280,000(140,000 * 2) visas. So should we all get GC in two years with that logic.

    If only USCIS can think along those lines. :confused:



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