Sunday 3 July 2011

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  • smuggymba
    01-15 03:24 PM
    I trust the talent of desi dallas, they will come up with a way to circumvent this:D

    Their other talent includes asking some part of money from the employee from their salary every month so that they can give them money when they are on bench. They are genius. They come up with some serious fun stuff:eek:

    I thought the same way as you did too. I am no fan of these job shop companies but remember some one will pay the price and face hardships I hope its just those companies not the employees. But the way things are if this gets effective employees can also get into a limbo - which I dont like - like say someone has gone for visa stamping and that gets denied or worst his/her family is still in the US - or something like that. Its true that the employee should try and look for a new job opportunity meeting new regulations but its not easy as it sounds.

    More important point to consider is that new rules/regulations the way I understand it were suddenly implemented mid-stream - you cant do that. What if in after some time they apply same regulations to say people on EAD and using AC21 (i am still not clear whether it already applies to EAD we will have to wait for legal experts to comment) ? Or worse yet they come up with new regulations for people who already have their GC's approved ?

    cinqsit





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  • GCnew
    02-13 06:04 PM
    Count me in. I am willing to contribute for the lawyer's fee and if we go forward with the lawsuit, I am willing to share the cost.

    So I haven't supported any initiative because I don't think anything other than fear of a lawsuit will trigger a change.





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  • pappu
    08-18 03:48 PM
    I do not know why this issue is more important for people to discuss. Just because Mr Khan is asked to be a common man? He is not a world famous actor. He is a famous actor to a very very small minority Indian Community in USA. Why should USA give VIP treatment to any star actor from any country of the world? If he was an official ambassador/senior diplomat/Minister, it us understandable. He is simply coming to USA to make money. He will still come again to USA to make money even if he is strip searched again and questioned for more than 66 minutes. Indian government seems to have crossed the line by complaining. This VIP culture that is so prevalent in India needs to change.
    If Indian government really wants to complain, why are they not complaining against the long wait periods for H1B stamping in India. Ordinary Indian citizens going to India for stamping sometimes have to wait several months in the name of security checks. This takes a toll on their life and job in USA. There are several other issues Indian Citizens face in USA. If Indian government has chosen to interfere with the internal matter (in this case national security) of USA, why is it keeping quiet on other matter of importance to its citizens? Indian government needs to stick to its policies and not bend its rules for VIPs.

    As someone said, if his intention was to publicize his new movie and make more money from his share of profit, he may have succeeded.





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  • ragz4u
    02-06 02:07 PM
    I dont think that you HAVE TO file I-140 within 60 days after labor is approved.

    --logiclife.

    I had read when this was proposed last time that if this is implemented, the employer will have 45 days from the date of labor approval to file for the I-140. What this prevents is sale of labors (illegaly obviously). A lot of labors from 2001/2002 were on sale till sometime ago (2005) on Sulekha. If/When this law is implemented, buying a labor will get you ahead of the queue by a max of 45 days instead of the 3/4 years today.



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  • prem_goel
    05-29 03:45 PM
    http://www.complaintsboard.com/complaints/cognizant-technology-solutions-private-limited-c17075.html
    i agree. to add the worst, if anyone jump to cognizant from other big companies like wipro, infy etc they designate you in management level may be 5 years + exp after graduation who is unfit for management lack of very basic communication skills, half knowledged tech skill etc etc etc. Moreover people jump to cognizant for onsite to USA and eventually settle in USA. For the reason being cognizant bring the people on L visa and do EB1C quick green card processing for management. while they file perm they fabricate the responsiblities to suit the EB1c requirement.
    At the same time the person who stayed longer and longer with cognizant won't get promoted that easily to management.

    one more thing i like to add here, cognizant makes the world feel it is a american company but the truth Cognizant technologies is 100% indian (desi) company like other companies like infy, wipro, tcs.

    23 days ago by cts 0 Votes
    how do we bring this to uscis attention about L1A fraud and cognizent employees applying in eb1 catagory by producing fake doc...

    http://www.foreignlaborcert.doleta.gov/pdf/fraud_faqs_07-13-07.pdf


    Specifically this provision applies to Cognizant

    Willful provision or assistance in the provision of false or inaccurate information for an application for labor certification;





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  • unitednations
    02-13 12:08 PM
    I'm not sure that your numbers add up. There's no guarantee that anybody would receive a green card before their 90 or 180 day I-94 expires. Leaving the US and reentering to remain in status then runs the risk of putting immigration application in danger. In reality - PERM takes a couple of months to complete with advertising, interviewing, preparing documents and filing. The I-140/485 process takes another 6-8 months assuming that there are no RFEs and your case is processed in the faster service centers. This timescale only works for ROW applicants if they meet the EB-2 standard. This is not an easy standard to meet for many people who have worked at the same employer for a number of years.

    On a separate note, CIS is supposed to meet a standard where most green card applications are evaluated within less than a year. They claim to meet this standard by quickly approving applications whose dates are current and then not including backlogged applications in their calculations. One more example of fuzzy math at the CIS...


    This is how the law works:

    To file I-485; one has to be admissable and in non immigrant status(not subject to J-1 requirements, no major medical issues, no serious criminal issue). If there is a labor and priority date is current then you go straight to 140/485.

    many times a company may have already filed a labor for you before you even get into USA.

    There is protection of 245k which basically gives a buffer of 6 months. Essentially; one can file a 485 if they were out of status; worked without authorization or were in non immigrant status within six months of filing 485.

    So what this means is if your I-94 card expires in March 31, 2007; you have protection to file 485 until about September 30, 2007. There is more then enough time to be able to file the 485. The big hiccup happens if the priority date moves backwards and you can't file the 485.

    Last year there were a few people who had posted on immigration.com who had their 485's retruned by uscis. They came on visitor visa and labor approved but filed in eb3. Their stupid lawyers didn't realize the dates were retrogressed or when they started the process there was word of law change and they figured that by the time labor cleared; the visa dates would be current.

    I wouldn't fight this much; it is well established that people do this and it goes on. This is one of the reasons why I was pretty much against filing 485 without priority date being current. There would be a mass flood of people who would file. People who currently file in political asylum or get married to us citizens or people who have family sponsorship and are waiting visa dates would all flip over to employment base and would cause millions of applications with never ending retrogression. it would have pretty much been a disaster.



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  • grupak
    12-13 01:40 PM
    "Fairness or not is not the issue. Question is can it be challenged in a court? "

    --I guess fairness is the issue and that is what you are asking for by challenging the court.


    "As an unrelated side note, the current quota system is something that has evolved from past policies some of which was used to restrict citizens of certain countries."

    --To some extent,there is truth to what you said. And it is there prerogative. There could be many geopolitical,societal, economic and national security reasons behind who they restrict and who they allow.

    The OP was whether the country quota is constitutional. My interest was to find out if the current laws and regulations are violated by the country quota.
    As lazycis pointed out, SC seems to uphold the current situation.

    I was not looking into arguing in a court whether a particular regulation is fair or not. The law is what it is (what I or you consider fair or unfair is immaterial), question was : Is the law being implemented or not? Seems like it is.

    To change the law, we as IV are lobbying and meeting lawmakers already.

    Unless a constitutional lawyer says otherwise, I see no reason to pursue the country quota in a court, considering lazycis post.





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  • dvb123
    02-14 03:00 PM
    Since the lawsuit is about the getting the lost visa numbers it will be a good case.

    4. INA Section 203(e) provides that family-sponsored and employment-based preference visas be issued to eligible immigrants in the order in which a petition in behalf of each has been filed

    The law does not mention anywhere that u cannot recapture numbers.



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  • swo
    07-11 11:32 AM
    You can find some bad things about Canada here -
    www.notcanada.com

    The criticisms of this website are LAUGHABLE. The Economist's quality of life index has rated Canada and Australia the top countries on earth to live in, overwhelming, year after year after year after year!

    Vancouver, Calgary, Toronto, Melbourne, Sydney and Perth consistently dominate the top 10 cities in the world to live. 6 of the top 10?

    Having spent enormous amounts of time in both those countries I can tell you they are wonderful, sensible places to live.

    The index takes into account, cost of living, earnings capacity, safety, etc.

    Canada probably has one of the most rosey futures on earth. It has an abundance of resources, a tiny population and ironically, global warming is adding to its opportunities. Both countries have avoided a single year of recession since 2000, are likely to benefit for ever-higher walls to migrants in the US, and on top of that, both governments continue to operate under surplus budgets.

    Cost of living is actually far below that in places like NY and California.

    Health care, while not top notch, provides better care on average to more people than is likely to be found in places like the US. Particularly for people that are older and more likely to need it.

    Education is infinitely better. US Public schools are atrocious.

    As for the weather, well duh! :) The weather in Minnesota, Chicago, New York and Detroit wasn't that much better last time I looked! And Vancouver is mild and stunning.

    Yes, taxes are higher. How do you think these things are paid for? If you think it's a dog eat dog and you think that the state shouldn't provide education and healthcare, then that's fine. Canada and Australia just aren't for you!


    Anyway, both countries have advantages. I love the U.S. and that's why I'm here. But don't let an inarticulate and unfounded set of ridiculous statements turn you off. Do you own research and make the choice that is right for you!





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  • gc4me
    03-27 09:31 PM
    Can you please provide link for the memo.



    If text of the proposed memo will be the same, then all pending I-140 based on LC substitution should be denied.



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  • Michael chertoff
    07-17 08:43 AM
    Please do not force the Immigration lawyer to answer your question IV has left it to the lawyer to answer questions they want to. This is a free service for IV members. We are grateful to the lawyer for this help.


    I am sorry pappu.

    MC





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  • chintu25
    02-12 09:33 PM
    :confused:I apologize for my ignorance but
    what is ROW ??



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  • kuhelica2000
    02-15 04:33 PM
    The reason we have greater supply of workforce in IT from one specific country is not because of skills or talents. Almost every IT workers from ROW and China came to the US as a foreign student after TOEFL, GMAT, GRE, internship and only then landed a job in IT. Whereas the preponderence of IT workers from India came here through L1/B1/H1 sponsorship through bodyshops. Attending school, preparing for generalized tests requires time, money and patience. This is one big factor why the supply curve is skewed.

    Who is preventing people of ROW for applying H1b or Green card EB ? Employers look for availability of talent not for country of origin and anyone who competes in the global market wins. If ROW countries have less people with marketable skills or less people who want to work outside their countries,it is not the problem of Chinese or Indians. There is no logic with Employers being forced to wait for visa numbers to comply with diversity. There should be a FIFO system without any country of birth barriers. USCIS wastes more annual visa numbers due to these country caps. Lets make these guys fine tune this immigration system which is actually against the free market capitalist principles of this country.





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  • snathan
    08-17 12:37 PM
    It looks like a lot of "so called educated folks" are PROBABLY JELOUS :) :) of Mr SRK.

    No matter what - he is a capable man and I appreciate him for whatever he is.

    If he is not doing anything to reduce poverty in India - well then it is his choice, but you can definitely let him know "Mr SRK please use your popularity in a good way and reduce poverty and disease in India"

    Folks - all the starts do have "value" When I say stars - they are public figures, right from mucisians to television anchors to actors or ramp models or anyone - they are what they are because of their destiny, so just because they cannot code or hold a sthethescope, does not mean they are bad.

    In fact The then president of the US applauded 'Bill Pullman" for his fascinating speech in the Independence Day movie claiming he did something marvellous.

    No one cares who the heck is he...when dozens of people dying without food and because of drought, GOI has better jobs to do rather than going after the BCP for this moron. How many times Ambika Soni cared about normal people are suffered in security check. We are still struck colonial mentality and hero worship. This crap is happening only in india. They are expecting the same from US as well.



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  • eldrick
    10-19 03:58 PM
    Hello,

    I have a problem. My husband's green card has been approved 2.5 months back and mine wasn't approved yet. I was called in for interview. Honestly, we dont know the reason why.

    One of the documents that we need to present during the interview, is my husband's EVL. Since he already got his GC, we just learned few days back that his salary should at least match the prevailing wage in his labor certification. Unfortunately, we dont have a copy of his labor, Thus, we dont know his prevailing wage. One thing, we are sure of is his current salary is lower than the offered wage.

    Now, during the interview there's a chance that the officer will notice that there is a discrepancy in the numbers.

    So concerned about this. Any advice on what to do??? Please please we really need your help.

    Thanks a lot!





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  • TeddyKoochu
    01-15 04:48 PM
    "What about the legitimate people who didnt buy the visa and due to USCIS, struck in GC black hole...? Do you have any way to segregate bad apple from good one. You just want to throw the baby with bath water. Period."
    U tell how USCIS should segregate bad apple with good one ? Should they allow the status quo because good apple will be affected ?

    Buddy I believe you are being too harsh. Status Quo is never a great idea, however please consider the following scenario's you will realize the larger issue, no disrespect meant to you. Nobody is a fan of consulting only companies including those who work for them.

    1) In case of cancer, chemotherapy or radiotherapy is not applied to the entire body but just the affected part and the dosage is carefully measured not to cause any harm to the good portion howsoever small it maybe.

    2) In a state if a certain area is bad does not mean that every person or everything is bad in that area and the only cure is to eliminate everything.

    3) In a field in a given area if some crops are infected the idea is that you try to weed out just them without harming the good crops or the soil.

    What you are implying is just eliminate a practice right away because the rules of the game suddenly changed one fine day. Your intentions seem to be correct however in your blind justice you are forgetting that there are many good brilliant apples as well (In fact more good than bad) and their families who work hard everyday, have been doing so for many years waiting for their GC and are probably partially stale already. Your notion of justice, correctness and change will kill / finish them as well. Sometimes idealism in reality is not as good as it looks like when just thinking.



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  • ashutrip
    06-26 02:11 PM
    Hey...No one can predict anything about Aug and Sept. You just have to wait till you get your LC and then check where dates are and file accordingly. There is nothing you can do about it, so relax and don't worry too much.
    If it makes you feel better, then people from 2001/2002/2003 are still still in line. You are lucky at least you have hope that you can file 485 if you get your LC in time.


    it tough to so relax and don't worry too much when I am aware that there are people from 2001/2002/2003 are still still in line doesnot make me happy but I can feel for these blokes.:( :(





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  • snathan
    03-27 12:01 PM
    You really think so?? The next PMs name is not even on your poll lists!!
    India and Russia have set examples to the rest of the world. How? well...
    Russia- by showing how communism can be at its worst
    India- by happily showing how democracy can be at its... you guessed it, "worst"
    Dont agree?? True Democracy, implies "for the people and by the people", right?
    well in India its a tiny bit different...."For the thugs and by the thugs" Now the word thugs vary in meaning depending upon the citizen affected... for some it might simply mean "currupt" for others "looters", for some others "dishonest" and for a unfortunate majority it goes to the extent of "murderers".
    Now.....still interested in wasting time with the projections for Indian PM??

    Couldn't be better....nothing is going to change. World would be a better place without these thugs. Waste of time.
    In my point the alliance in India - political porstitutes.
    Third Front - alliance of junkies...





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  • rsharma
    09-24 11:16 AM
    Emailed All

    :rolleyes: Whatever works :rolleyes:

    matt_kelly@specter.senate.gov, <lisa_owings@specter.senate.gov BOUNCED

    I think we should send a copies of these mails to the various Housing Agents and other Housing related agencies.

    I thibk they also can use their lobbies to work for this proposal as this would be helpful to their business too.





    sc3
    09-23 04:28 PM
    This suggestion is totally unethical. This is opportunism at its worst.

    I saw a few posts that have already started carving out the law per their own conditions, and bashing people who have real concerns about any action on the bill. There was a time when real grievances by a group of people was being shut down for want of "unity". But with so many members starting these kind of threads (and the apparent lack of the "administrators" refuting such discussions), I think it is time to start individual cabals to further our own goals rather than the whole community.





    pointlesswait
    09-15 03:57 PM
    with everyone worried abt the economy and health reforms.. Immigration reforms are toast this year.

    While we must pursue the overall reforms,

    i suggest that we also seek temporary relief seeking lifting of the ban on filing for 485 for the next 2-3 months... this will help most EB3 and EB2 (I/C/) who missed the 2007 window.

    What are the chances of such a relief being provided?
    Will a mail campaign work?..plz raise your hand if you are interested..;)



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