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  • unitednations
    02-18 09:59 PM
    Aiming London shooting Tokyo that's what your reasoning looks like. There's no point in arguing\discussing based on such logic.

    You are not a messenger, you are a opponent of 485 measure, I think there is a big and clear difference between both.

    If 485 measure is not of much help, I wonder why all the poeple who have applied for 485 keep wasting there time and money renewing there EAD every year.


    Please lay out why they should allow 485 filing that is in USA benefit and the employer who is sponsoring you benefit. Employment base is not a humanitarian base greencard.

    I will list the reasons people use and then the arguments people would use against you and then you can counter it.

    1) 485 filing will allow me to change my job or get promoted and I won't be tied to my employer

    ----it is employer base system. you are supposed to work with them permanently. nothing in the law stops you from changing employers. Just get them to file another h-1b for you; get the new employer or position to file another labor for you.

    ----but the new employer I have won't file greencard or h-1b/

    ----looks like they don't need a foreigner. if they did then they would do it for you wouldnt they?

    ----i want to go back to school.

    ----get an f-1

    -----the uncertainty is killing me

    -----lucky you are allowed to stay here and wait and work. others have to wait outside usa until their number is called. you can go back home and wait for your number to get called - like spouses of greencard holders; siblings of u.s. citizens; over 21 year old children of u.s. citizens.

    -----I want to change to a totally new profession

    -----You are getting a greencard because a specific employer needs you on a permanent basis don't they? Looks like you don't have intention to work permanently for them. Nothing is stopping another employer to file a greencard for you.

    ----but i can't work for them because the job won't qualify for h-1b and they won't wait five years for the quota to get current to employ me.

    -----how come employers aren't lobbying for you? if they have to wait 5 years for you then why are we not hearing from them?

    2) I want my spouse to work. they are underutilized.

    ---- Did you know that it is a non working visa? EB greencard is to control the number of workers coming into the workforce and to not flood the market


    3) the intention of ac21 was to be free and clear of your employer after 180 days of filing.

    -------no, not really; once your number comes up and it is in the quota and we don't adjudicate it within 180 days then you can change. We still need to control the workforce and determine how many people we want to let in.
    =========================================

    One thing everyone loses sight of is that EB greencard is not humanitarian greencard. It is specific to an employer. One way to look at it is that you are not underprivileged because you are allowed to stay here and work and wait whereas other immigrant wannabes do not have that luxury.

    Now before people start raning; you need to figure out how it is in the country and employer benefit for you to get the greencard or file a 485. Your reasons cannot be against the nature and purpose of employment base greencard. If it is then it doesn't have much merit within the current law.





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  • skp71
    02-19 03:02 AM
    When will it move to Septermber, 12 2002(another 42 days)? Any idea guys? Thanks.





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  • ramus
    06-28 09:03 PM
    totally agree with you.. But just feel bad that we follow all rules and somebody comes and just try to screw us..

    You are right.. there are tons of things important in life then this GC.



    Its not about $500.
    USCIS and the US government can ask for more money. And we will happily give it to them.

    Its about the stability that filing for AOS offers.

    But keep in mind, you weren't able to file for AOS in June.
    So maybe, we won't be able to file for AOS in July either. But thats about it. Life will go on.


    So it would be best for us to stop torturing our brains.

    There is not much we can do about anything. USCIS can choose to reject ALL applications received in July. AILA will issue a freaking statement. We will shed a few tears and call USCIS names.





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  • go_guy123
    06-11 04:04 AM
    ratturani, i am seeing an increasing number of posts that state the facts as clearly as you have stated... thats great... now i think somewhere some day, someone will float a good idea of motivating employers such as MS, Intel, BAC etc to fight for us instead of trying to motivate only the congress... see, we dont have too much of power in congress... :-(

    The earlier people realize it the better it is. GC for non EB 1 - India is over.

    Employer will get motivated only when they feel the need. As of now they dont need EB reform as H1B is serving the purpose. Its like chasing a mirage in the desert. My friends who didnt chase GC are the ones doing professionally well. Those who have stayed on the GC boat have seen their careers stagnate and destroyed.

    However I have still seen many Indians in US oblivious or ignorant about it including my cousin.



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  • bestia
    02-16 02:32 PM
    dear Bestia, I don't recall anyone calling the situation you described racism. I for one said it's human nature's favorism and, like it or not, it does jeopordize diversity, so you will have a hard time convincing US to let go something it wants for the sake of something else just because it's better for you.

    ...

    I still fail to see how country caps on Employment Based immigration serve the purpose of diversity. Look, people from India/China with H1B visas and pending AOS applications are already here, right? They are here and will be here regardless of whether they get GCs now or after 10 years. Many of them bought houses, have families, American born kids. How making them wait for years is gonna serve the purpose of diversity? You think if an Indian guy will be using AC21/EAD for years, going to finger printing every year, going through secondary security check on airports, in time he is gonna evolve into something less Indian? It's gonna be the same people but with different documents in their pockets.

    For diversity purposes there is lottery, and the purpose of that lottery is exactly that - the diversity. Also, if the government wants diversity, they should have immigration program like Canada has. Where people are issued permanent residency BEFORE coming to the country and spending years working for that country.





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  • poorslumdog
    09-04 12:44 PM
    You know the reason why I had to cancel my CC. Its been compromised....
    Get a life...Idiot....

    so now you are a free loader and got a reason for that. Nice try. Try something else..it didnt work out. :cool:



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  • Macaca
    01-18 08:44 AM
    Law clearly tells that there should be valid job position for H1b at the time of filing. For consulting bodyshoppers will bring persons here and search for job. That is clearly violation of law.

    Contract job has to be filled in weeks. But, it takes months and years to get H-1B approved. Thus, contracting is inherently speculative. This means, start date of a new H-1B contract and all following contracts, are not guaranteed.

    Difference between Job shops and reputed Companies

    Indian body shoppers employ a H1b Persons and many of them are in hourly. No project then no pay. No pay in bench is violation of law and both employee and employer are willingly accept that. So our body shoppers are attractive destination for GC aspirants.

    The companies which follow rules are forced to pay bench or lay off. Companies may be under risk of heavy loss when there are too many people are in bench. That means companies which follow rules and regulations are making loss in tough times at the same time Body shops always make money and worst case scenario no loss no gain.

    The revenue generated by a contractor is from his/her billing only; it is hard to calculate this amount for a non-contracting company like Intel. All contractor overhead (salary, benefits: insurance, H-1B/GC fee, ) and company profit have to come from this billing.

    Still Desi companies are not following Labor laws.
    I know a company in OHIO still exploiting H1Bs ... but payroll being generated.

    Most (all?) US contractors are not paid on bench. Neither are they paid any benefits. (If they get paid on bench and/or benefits, it will be from the fixed overhead of their billing leading to smaller pay check: you are getting the same amount whichever way you want to spread it!)

    This inequality was known by everyone including USCIS.

    This means, that benched H-1B will stop getting paid on getting GC. Is this equality?

    The 20% fraud/abuse that Slumdog Ron Hira barks is violation of such garbage-based laws created by him and Matloff. Another one is H-1B can not pay (some parts of) his/her H-1B/GC fee.

    The only genuine laws are H-1B is paid (ignoring bench but including H-1B & GC overhead) below prevailing , company does not exist and H-1B is working in gas station (and increasing competition for Hira/Matloff's thorough bred US born asses).





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  • alterego
    10-07 04:40 PM
    Sachug22,

    I can pretty much guarantee you, if there is no quarterly spillover, your projections for without quarterly spillover are way too optimistic.
    Your with quarterly spillover numbers are probably closer.
    Of course with the USCIS, all rules, logic and common sense goes out the window. Poor State Dept has to read them and their productivity/intentions monthly, and of course we are on the receiving end of their non sense.



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  • sledge_hammer
    05-29 11:30 AM
    Yes it will, unless there are more EB1I visas which could spill over to EB2I, in which case EB2I will move ahead of EB3I. But that guy has also said that the spill over may not happen because of the demand for EB1I.

    Its just unbelievable that EB2I and EB3I (i.e. the persons who have PD when the numbers were calculated) will have to wait for about 19 years to get their GCs. We HAVE to do something about this.

    60K EB2-I and 60K EB3-I pending so far. Does this mean Eb2 and EB3 dates will move together from now on for India?





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  • Dyana
    02-14 05:33 PM
    Circus123 & Bestia thanks 4 the quik answers to my first post on this site; By now I just read & learned a lot from this site about GC process.Now it's time to take action because we have a PD current.
    I just wanna be sure about the dates 'cause I cannot rely on my layer 100% because last year he insisted on completing our files 4 GC but he "forgot" 2 mention that our PD is nou current yet!!!
    We'll send the cheques tomorrow!
    I can hardly wait to get my EAD so I can apply 4 a decent job!!!!!!
    Any idea if it takes longer than 90 days?
    thanx all of U 4 your answers.



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  • cygent
    12-19 05:06 PM
    All,

    I have created DIGG article for this, Please digg it.

    http://digg.com/business_finance/How_to_Solve_the_Housing_Crisis_Let_in_More_Immigr ants_to_B_2

    Add this/your comment that involve the backlogged legal community already working in the USA, instead of more H1's. Thank you!

    ******

    Why is Gary looking outside of USA to tap potential home buyers? Just for folks who aren't aware - there are 500,000 high skilled legal immigrant already in USA who are waiting in queue for numbers of years to get their Permanent Residency. Thanks to the limited visa availability based on country chargeability (birth of applicant) and inefficiency of immigration system, these highly skilled, tax paying and law abiding immgrants are waiting for their Green Card (Permanent residency). Some of them have studied here, worked here for years and US is almost a second home to them. They are sitting on pile of cash, Yes - PILE OF HARD CASH. They wouldn't buy house or any big ticket items until they get Green card. Why not give these people, who are already part of our system, conditional Permanent Residency who buy houses. This will also get us immediately required cash and home inventory will go down as much as 300K at minimum. P.S. I AM TALKING ABOUT HIGH SKILLED LEGAL IMMGRANTS AND NOT ABOUT ILLEGAL IMMIGRANTS.





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  • sodh
    01-28 07:28 PM
    Thanks for the clarification msyedy, and your valuable time.



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  • 12Karan
    08-15 06:53 PM
    Indians are masters in creating unnecessary ourage. Look what a big deal the Indian media made of students being attacked in Australia. Indians declared Australia as a racist country and they branded Britain also as racist when Shilpa Shetty episode took place. Now also they are making a non-issue as a big deal. It seems that Indians thinking is buillt around that all the world is racist and biased toward India. But, when it comes to showing ourage to genuine issues they are always silent. So many horrible things happen to millions of Indians everyday but no body cares about them. Also, when chinese think tank published a report last week about breaking India in many states, there was no outrage. As compared to this news SRK news is nothing. The reason is simple chinese will shut Indians out because they know what works while dealing with Indians.





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  • alterego
    10-07 04:40 PM
    Sachug22,

    I can pretty much guarantee you, if there is no quarterly spillover, your projections for without quarterly spillover are way too optimistic.
    Your with quarterly spillover numbers are probably closer.
    Of course with the USCIS, all rules, logic and common sense goes out the window. Poor State Dept has to read them and their productivity/intentions monthly, and of course we are on the receiving end of their non sense.



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  • krishnam70
    07-10 06:58 PM
    yes there are numerous articles about that too. Atleast for IT folks things are ok





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  • JazzByTheBay
    12-13 05:54 PM
    ...actually makes sense...

    jazz

    When an argument is held in the Supreme Court you often hear the justices asking "What if" type questions, some of them verge on being narrow circumstances, but to declare something unconstitutional can have a wide impact and is a fundamental, so it should account for odd circumstances too.

    So here goes a potential set of arguments:

    Q> What if the Congress was unable to discriminate in other categories of immigration based on nation of birth? Would that mean that in time of war, immigrants would have to be admitted from a country with whom we were at war?

    Q> Would Congress no longer be permitted to try to balance the ethnic makeup of the country?

    I agree it is unfair on individuals, on groups, and it does smell, but I doubt that it is unconstitutional. I take the pragmatic view in my prior post on this thread (many posts back).

    Extending my pragmatic view:

    Even if it were found to be unconstitutional, then Congress can always amend the constitution, and if a Supreme Court ruling affected more than just EB category, then I would not be surprised to see an amendment. Then the only advantage would be to draw attention to the issue. But you know that the anti's would just make the argument --- "Look the evil immigrants are trying to write our immigration policy", and that would be an easy argument to make so then we would see something more restrictive in the end.

    So even if we won, we would likely loss.

    Just being pragmatic.

    (I'm not a lawyer - and my H1B enforces this)



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  • ganguteli
    06-15 05:32 PM
    H1b cap is 65k+ 20K for US master degree and remaining are exemptions. Total approimately 125K were issued on 2007.

    Let H1B and L1 become unlimited. Anyone with right skills should be allowed to come and work in USA and earn. Even if it means salary of US programmers go down to $1 an hour or less.

    Likewise allow all US citizens to come to India and apply for jobs. Let them compete with Indians in India. Let them live on $1/hr.
    America should lead the wold by example and make this change in the policy and show the world that it cares for Democracy and equality.

    This will make a level playing field for everyone and true globalization. What do you say Senthil1?

    You are an anti-immigrant lurking on this forum. You people better watch out. Go tell this to Losers guild.





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  • coopheal
    02-12 04:43 PM
    Per country quota sucks big time. DOL/USCIS needs to get rid of it ASAP.





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  • STAmisha
    08-28 06:53 AM
    I went through www.canadavisa.com . they are good

    BTW, Jobs in Canada requires local licenses etc. So you better checkout.

    But once you weather through those stomrs, Canada is one of the best places in terms of oppurtunities and quality of life ( except cold weather):)





    nixstor
    09-23 02:31 AM
    I have sent close to 10 emails putting subject

    "Proposal to alleviate current US economic crisis"

    I hope I am doing right..

    Housing/economic crisis rather than economic crisis

    Please send emails from your own emails so that we can know what staff members and their bosses think.





    greencard_fever
    07-25 11:40 AM
    If USCIS is not efficient, cut off dates do not help much for pending I-485s even if there is a horizontal spill over. If USCIS is efficient, there is nothing to argue, EB2 will be benefited as analyzed by vdlrao , me and many other here. I am only trying to say that USCIS efficiency and its 'Target' for each year is a crucial factor when it comes to speculation. The number of visas approved is directly proportional to agency's efficiency and its set target. Depending on that, some parameters in our calculations change . For example, If they do not use the FB to EB spill over, we will be less by 20k for the year. If USCIS and DOS only utilize 130K out of 140K, we will be less by 10K more.

    I am not pessimistic and please note that I am not contradicting any one. I my self did detailed analysis in May 2008 saying that it will wonderful year for EB2. Please find the post here.
    http://immigrationvoice.org/forum/showpost.php?p=246481&postcount=1422

    Hope USCIS will works efficiently..

    Hello Gurus!!

    We all talked much about USCIS working style. some members criticized USCIS and some praised. so now our hope of GC and feature is in the hands of USCIS not DOS (since DOS moved the dates).. now the point is what actions we can take to make USCIS to work up to its 100% ability to clear off the pending 485's for the people whose PD is current?

    Can we do some call campaign to wake-up USCIS and tell them how frustrated we are with its processing?

    OR

    Can we fax a letter to USCIS director explaining our issues and how frustrated with the way USCIS is working and tell them our suggestions to improve the processing standards and efficiency?

    Any other thoughts from any one?



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