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  • vin13
    02-12 07:40 AM
    I think it is important to understand and read what is being said. The information was not claimed to be true or false. The message was conveyed based on the information given. Now, everyone is free to evaluate and give their opinion on the information. There is no need to go for a personal attack.





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  • GCKaMaara
    10-15 01:02 PM
    OK. May be my post was little misguiding. I never intended to distinguish EB3 and EB2 situations. We all are in same boat. Just need to counter the issue - one of the proposal was to do a flower campaign. I am not sure you were on forum when we did last time. It was a huge success. I am requesting to do it one more time!

    I support the idea of flower campaign. ItIsNotFunny, what is the date you are proposing?





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  • gc28262
    12-20 07:18 PM
    Your first paragraph is wrong. If you are not working, then you are out of status. Regardless of whether your employer formally terminated employment and formally cancelled your H1B. Out of status means staying in USA legally, but not doing what you are supposed to be doing. If you dont attend classes and go to college when on student visa, you are out of status even though you are legally present.

    ?
    I am not convinced about this part. Do you have any link to some USCIS rule/document regarding this ?
    As per my understanding H1B employee becomes "out of status" when the employer-employee relationship cease to exist ( laid off )





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  • webr
    09-01 09:09 AM
    I am NOT from Aspen.



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  • Jaime
    09-10 11:38 AM
    EVERY IV member should be planning to attend the rally!!! This is a historic opportunity. There is already buzz in the news and our past actions have made people take notice! Congress will be able to do something this Fall, but not after that due to the presidential campaigns. THEY WILL ONLY ACT IF WE SPEAK UP! That is the American way! If you really want to remain in America then you need to act like an American! We will act American by attending the rally and SPEAK UP! We have the most important thing on our side: TRUTH! And remember the millennia-proven phrase: TRUTH SHALL SET YOU FREE





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  • ashwin_27
    02-07 06:09 PM
    I will be traveling from the west coast and am trying to find other South Cal folks who are travelling to the event. Maybe we can coordinate travel, if possible.
    Also, would appreciate any car pooling options when in DC/VA.



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  • pointlesswait
    03-18 01:32 PM
    i dont think there is a hard and fast rule as who gets what of the spill overs..
    USCIS makes it as.depending on the backlog..
    so anyone planning to sue is wasting his time!





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  • makemygc
    07-05 12:54 PM
    Spciy thread?? This is not spicy. This is serious stuff. I am not the OP, but the subject of the thread might be spicy to some folks. This discussion has come so many times. Atleast now we see that we have equal number of people split on both sides.

    Assume you make it paid. Then what. We will have maximum 400-500 users and you want to go and lobby or fight with congress with that much number of users. I still do not understand why this thread is still active. Well my post is going to bump it up so I'll not respond to this post any more. Lets focus on other drives as suggested by pappu. We are just waiting too much time discussing fruitile things.



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  • snathan
    08-10 12:50 PM
    Thanks VDLRAO.
    I looked at 2008 data from same source and surprised to see 70046 approvals for 2008-EB2.
    Does that means there are not many old cases in line ahead of us?

    Source link: DHS | Yearbook of Immigration Statistics: 2008 (http://www.dhs.gov/files/statistics/publications/LPR08.shtm)

    check for table 6

    That means EB2 India/China will see drastic movement this year....may be to end or 2007 or 2008?





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  • yabadaba
    08-21 02:32 PM
    luvschocolates: not sure what you are looking for from an employment based immigration site?

    You have broken the law and you are illegally here. End of story. Even if there is no one here that will do the job that you do, there has to be documentation that proves that. Immigration law is one of the most complicated laws out there and other than a few categories like family based immigration or diversity lottery based immigration, most forms are extremely complex and reguire legal guidance to do so.

    Yours is an open and shut case, no lawyer worth his salt will take you case up for free. Like a poster said earlier, ignorance of the law does not allow you to break it.

    By your analogy, if I come from a country where there are no seat belt laws and using my international driver's permit I drive a car without weaing a seatbelt, does not make it ok. When caught, I will be arrested and fined.

    In your case it would be easier for you to leave by yourself, rather than risk being deported and getting a 10 year entry ban.



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  • h1_b_visa_holder
    05-23 10:39 AM
    Don't know about others.... but surely not at MIT ! MIT has no program "totally on Web"... :)

    I am sure MIT (Manipal Intitute of Technology , Marathwada Institute of Technology) has online programs :)





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  • paskal
    03-16 02:01 PM
    dont "warn" me..........you think i give a damn about your "warning"??

    the right to speak is MINE. all YOU can do from your high horse is ban me from the forum.

    i really dont care, i still think interfilers and substituters should get what they derserve. every single bit of it. may they really, truly, go to hell, and stay there indefinitely.

    and NO, dont preach to me about trying to "fix" the system. the agenda here is mostly EB3, and mostly Indian, at best. the multitudes of diploma holders get pissed when i call them out for what they are...........why are THEY so sensitive and ashamed???

    i have a RIGHT to be in the proper EB queue, which i EARNED, and did not employ cheap desi-employer tricks and other games to get into........if that does not answer your doubts my friend, then as i said earlier, ban me..........i dont really care either way.

    i dont advertise what i have done or can do for IV. somehow, that is a little demeaning. sort of like going to a temple and offering some money and then coming out and proclaiming to one and all how generous a give you are....


    so i will try one last time.

    your issues are whatever they are, i did not ask you to change your mind on them, neither did i choose to debate you on them. we all acknowledge that this is a bad system, and we all we can do is try fix it. of course like you we could simply vent, curse and blame everyone as well. not that will change a thing.

    now the issue with your posts is your language and your tenor. kindly fix that.
    yes i can ban you, i choose not to at this time. and yes take it as another warning. if you are contributing to iv action that is wonderful. language like this will however not be tolerated on this forum. please read the posting guidelines if you have doubts. i have posted the link and a snippet for your reference below. now chill out a bit and don't have a "coronary". we are all frustrated. what you are doing is not helping.

    http://immigrationvoice.org/forum/announcement.php?f=90

    "Posts that denigrate members, potential members or even anti-immigrant groups not welcome - such posts are against Immigration Voice principles. Immigration Voice reserves the right to take action against such posts and posters. You agree, through your use of this service, that you will not use this Forum to post any material which is knowingly false and/or defamatory, inaccurate, disrespectful, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person's privacy, or otherwise in violation of any law."



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  • vivid_bharti
    05-06 09:25 PM
    Can you please brief us regarding what action IV has taken...
    Thanks for sending the letter to USCIS and now posting the response here. IV has taken action in this regards.





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  • sugaur
    05-28 09:44 PM
    I Wish the border patrol was doing its job more efficiently and doing more searches not less. This way !@#$% illegals would be kicked out and our immigration process wouldnt be held hostage by them.
    I live near the Mexican border. There are border check points everywhere when you leave the city. They will stop you, ask you your status. First time I didnt have my passport or anything. He checked my drivers license and politely reminded me about the requirement to carry immigration documents. Since then, I always carry a copy of passport and H1B and have never had any problems.
    I hate it when people cry and feel like they are being persecuted when asked to follow the law.



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  • gcformeornot
    03-16 12:52 PM
    think IV membership should be vetted. Only way to stop fools like these.





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  • senthil1
    06-13 09:40 AM
    I am not supporting consulting ban on h1bs. But even that happens companies will readjust by hiring permanent people. Also big consulting companies will bring more people by L1 and B1. I am working in a consulting company and they do not depend on H1bs though considerable H1bs are there.Still H1b Cap will be reached there is heavy demand for h1b. Also I do not think it is outright ban of H1Bs in consulting. They will allow some form of consulting and they may ban subcontracting in H1b. It depends on how USCIS interprets the law. I hope Congress will not do if anything is bad for country. Infact same rule is there in L1 also. But still I am seeing persons are placed in client sites.
    Of course anti immigrants are trying to block H1b program using this but congress trying this because abuses are more in consulting. When congress realizes this anytime they will remove this restriction if they find some other alternative.

    Now chances of CIR is 30% and 60% chance of statusquo for another 2 years. Even skil bill is passed seperately same restrictions will come as same Senators will be there.

    Some of abuses are
    1. Not paying bench
    2. Lower pay compared to market
    3. illegal agreements
    4. Rotation of people and using H1b for outsourcing(It is not abuse but it is not the purpose of H1b)
    5. Giving ads for recruiting only H1bs




    Let us analyze this thing in depth.

    a) According to the restriction which stops consulting

    New york city--- Desi Companies will be affected. They will not be able bring H1-B.

    CDI, RCG, Bearing Point, Datanomics, .... ..... ... .. there are 1000s of middle vendor which supply the Desi labor to the Wall street companies and more.
    I am just talking about NYC. These laborer comes from desi comapnies.

    With restriction...desi cannot bring H1-B..the middle vendors are screwed and hence the clients. Due you have an idea how many Indians work for the financial companies that are not a direct hire.

    If you stop consulting Wall street's wall will fall. The work that a desi can do in 1 day an american would take three days. At least in my company they have realized it.

    You answer this



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  • RNGC
    02-19 01:42 PM
    Read this carefully before you comment here:
    "fingerprints for information relating to criminal, national security, or other law enforcement actions that would render the alien ineligible for adjustment of status under this section".

    This is just to verify if the guys is in database for any criminal activity. ofcourse they will not give an illegal guy a GC if they have his record in database for criminal activity in US. This is just a formal requirement to keep illegal law brokers out because there are thousands illegals who came here from southern border and have committed crimes. There are some even in the America's Top 10 Wanted list. My uncles(came illegally here) went through all criminal checks by FBI for breaking any law,when Reagan gave amnesty for >5 years. Same criminal checks were done on illegals when Clinton helped legalalization of illegals. Fingerprints, etc are just for other criminal history check not to check if the person crossed the border illegally, ofcouse he did and broke the law: that's the whole point for him being illegal.

    In fact >5year rule has been a standard to give immigration to illegals as is clear by Reagan amnesty. If 5 year rule is not for illegals, then what do you think is there in this bill for 11 million illegals. Itn't that logical. Infact main purpose of this bill is to fix illegal immigrants not legals. If you think >5 years rule is just for legals, you need to read history books, read text carefully and be more logical: not blinded by desire to get your own GC if you are here >5years.

    Either way: I never said we should oppose the 5 year requirement. I just said that rules for "Legal <5 years" should be easier than rules for "illegal>5" years and please don't propagate false rumors here that this bill is just for legals in a blind desire for your own GC.


    So what if illegals are also covered in this! Illegals are kind of people suffering from their employers because they don't have any paperwork! We, are slightly better, we have paper work and still suffer at the hands of our employers, so we know their plight...So, I would say illegals also have to be considered. I DO NOT SUPPORT ILLEGALS. But they are human beings too and are living in the dark.....

    My take on ilegals is:
    1. Build a huge prison and put all of them in there and feed them rest of their life.
    OR
    2. Arrest all of them and deport them their home country
    IF 1 or 2 is not possible, better give them green card as long as they have not committed any crime and legalize them so no one takes advantage of them...we have had one round of slavery in this country and its consequence is still felt, lets not have another round of slavery with illegals.





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  • kondur_007
    07-12 04:30 PM
    E. APPLICABILITY OF INA SECTION 202(a)(5)(A)AS IT RELATES TO THE ALLOCATION OF �OTHERWISE UNUSED� NUMBERS

    INA Section 202(a)(5)(A), added by the American Competitiveness in the 21st Century Act (AC21), provides that if total demand will be insufficient to use all available numbers in a particular Employment preference category in a calendar quarter, then the otherwise unused numbers may be made available without regard to the annual per-country limits. This provision helps to assure that all available Employment preference numbers may be used. In recent years, the application of Section 202(a)(5)(A) has occasionally allowed oversubscribed countries such as China-mainland born and India to utilize large quantities of Employment First and Second preference numbers that would have otherwise gone unused.

    For example, let us assume that 11,600 Employment Second preference numbers are available in a calendar quarter. There is heavy Employment Second preference demand by China-mainland born and India applicants; however, each country is oversubscribed and would ordinarily be limited to about 800 of the available numbers due to the prorating provisions of INA Section 202(e). Applicants from other countries that have not yet reached their per-country limit have reported a total demand of 6,500 numbers. After taking the worldwide demand into account, it is determined that as a result of the China-mainland born and India per-country limits only 8,100 of the total available Employment Second preference numbers would be used in that quarter. In this instance, the otherwise unused 3,500 numbers could then be made available to China-mainland born and India regardless of their per-country limits. Should that occur, the same cut-off date would be applied to each country, since numbers must be provided strictly in priority date order regardless of chargeability. In this instance, greater number use by one country would indicate a higher rate of demand by applicants from that country with earlier priority dates.


    This is simply the explanation as to why will EB2 India get a huge number and not so much for EB2 China (so when year end statistics come out, there would not be too much noise about why EB2 India got several thousands of visa numbers more than any other category).

    Indication that EB2 India will get huge numbers...this is just explanation as to why:)





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  • Dhundhun
    07-12 09:28 PM
    http://immigrationvoice.org/forum/showthread.php?t=20141

    Somebody with Nov05 PD tried to renew EAD and was given a 3 month EAD.......

    Use of "01" instead of "10" has been common mistake by USCIS. I came across couple of such cases. This is typo error and they will fix it.





    gsc999
    04-20 05:23 PM
    I have already called seven members who have been active lately. I don't have other phone numbers. If you still need people to call. Let me know. You can PM me





    bfadlia
    12-15 10:01 AM
    Take the body shoppers and glorified body shoppers like TCS, wipro, infy etc out of the equation and you would have sheer wastage of H1B numbers since the American companies will not go abroad to recruit someone who is unfamiliar with US work culture.

    That is why congress came up with 20K quota for master degree holders who can be recruited directly by US corporations. In my opinion, US corporations should not complain at all since they were never interested in upholding the true spirit of H1B by recruiting people from abroad directly.

    -gcisadawg


    US corporation did go abroad to recruit back when there was heavy demand in the dot com bubble and Y2K.. American recruiters for several big companies used to make regular trips all over the world like russia, eastern europe and middle east to scout talents and ship them here.. but that never happens now since 1- there is no real demand 2- Desi Bodyshops already brought in hundreds of thousands of H1 people on short term or fictituous projects then set them out to hunt for next projects in this tight market..
    We programmers need to come to grip with the fact that today unless you have a rare skill and exceptional ability America will not roll the red carpet on your GC path.



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