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Wednesday, June 29, 2011

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  • amitjoey
    07-03 04:59 PM
    If we report "Unofficial report of Scandal at USCIS". That will be picked up by everyone. I am sending it to all the reporters, please help out. We need hundreds of emails to be sent out to create the ripple, or should I say the flood.
    4th of JULY is a great day to get this published.





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  • at0474
    12-14 05:06 PM
    I find it abominable that there are still some humans(?) left in this century who want special benefits based on their race and country-of-origin in this 21st century !

    It's time people were measured on merit instead of he is Indian, Chinese or some other nationality. Eliminating country quotas is part of IV strategy on the homepage. If someone has issues with it, well you are working against IV strategy !

    Stop dividing people based on ethnicity - Indians, Chinese and others. Every one deserves equal opportunity, not based on their country, race or color (all abominable ideas to me) , but purely on merit.

    --What you said sounds very interesting. But it got me thinking, what if the merit is equally distributed by the country of origin and there is a limit to the opportunities this country can provide?


    Let us say there are 140,000 EB visas given every year. Based on pure merit and sans any regard to nationality. Don't you think it could potentially lead to more visas being consumed by one country?

    What if this country wants to ensure diversity to its social fabric?? How do they go about doing that?





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  • IV2007
    07-03 12:50 PM
    I don't have any documents/reciepts related to I-140.

    Recently my company attorney told my I-140 is approved. However he is not ready to provide any further details.

    In such a scenario, can I do AC21 (assuming the risks) ? If so what documentation would I need to provide to my joining company/attorney/USCIS ?





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  • sledge_hammer
    01-14 02:29 PM
    They are implying that those who are currently working for body shops are to find an employer that would offer their definition of employer-employee relationship. But you are still with the body shop, then your extnesion will be denied!

    Q: What happens if I am filing a petition requesting a �Continuation of previously approved employment without change� or �Change in previously approved employment� and an extension of stay for the beneficiary in H-1B classification, but I did not maintain a valid employer-employee relationship with the beneficiary during the validity of the previous petition?

    A: Your extension petition will be denied if USCIS determines that you did not maintain a valid employer-employee relationship with the beneficiary throughout the validity period of the previous petition. The only exception is if there is a compelling reason to approve the new petition (e.g. you are able to demonstrate that you did not meet all of the terms and conditions through no fault of your own). Such exceptions would be limited and made on a case-by-case basis.

    Q: What if I am filing a petition requesting a �Change of Employer� and an extension of stay for the beneficiary�s H-1B classification? Would my petition be adjudicated under the section of the memorandum that deals with extension petitions?

    A: No. The section of the memorandum that covers extension petitions applies solely to petitions filed by the same employer to extend H-1B status without a material change in the original terms of employment. All other petitions will be adjudicated in accordance with the section of the memorandum that covers initial petitions.
    USCIS - Questions & Answers: USCIS Issues Guidance Memorandum on Establishing the "Employee-Employer Relationship" in H-1B Petitions (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=3d015869c9326210VgnVCM100000082ca60aRCR D&vgnextchannel=6abe6d26d17df110VgnVCM1000004718190a RCRD)



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  • PlainSpeak
    01-13 01:40 PM
    Let me see if I understand PlainSpeak's language:
    1. IV core needs to put a lot of resources to lobby for the DV bill, knowing full well that this bill will go nowhere!

    2. Raise a false sense of hope among the EB3 community, again, knowing full well that its going to be dashed - just so that IV gains the trust of EB3 (I am EB3, and they have my trust without your logic!)

    3. An exercise to gain trust by misleading!:D

    I wonder why IV core did not come up with this brilliant idea ;)
    Mr willigetgc to start off with here are a few facts

    1. IV core needs to put a lot of resources to lobby for the DV bill
    IV Core need not put a lot of resources to lobby for DV bill if they feel it is not worth the time and effort. that is for IV Core to decide and the decision is theirs to make after all they know about advocacy and lobbying

    1. knowing full well that this bill will go nowhere!
    That is my personal opinion and also the opinion of a whole bunch of people on this forum who do not agree with me but do agrree to teh fact that it has been 4 years since any immigration friendly bill came to be debated in congress. What wil make DV bill any different. This wil also go the same way. I would be surpirsed if it even comes up for debate

    2. Raise a false sense of hope among the EB3 community, again, knowing full well that its going to be dashed - just so that IV gains the trust of EB3

    My friend willigetgc what do EB3 people have besides hope. If you look at the statistics i will get GC in 19 year sand you with a priority date of May 07 (20 - 25 years). No reason not to hope for something and if IV really believes in what i suggested (I am sure it will go through all possible refinements) that would be a signal of not just hope but also action on part of IV to do something about EB Retrogressed folks. Now i am not saying it will happen and i am also not saying it will. All i am saying is here is a chnace to do something different which is also right because iot is not part of teh IV charter that IV is working to get relief for retrogressed EB

    (I am EB3, and they have my trust without your logic!)
    And what a great thing it is that you being an EB3 with a priority date of 2007 are working with EB2 hand in hand to get something done. It is great that you have trust with IV. Without trust nothing works. What i say is i have trust in IV i do not have trust that what they advocate is good for EB3. Semantics you may say but please read the lines carefully my friend. I hope you will understand





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  • sabbygirl99
    03-20 02:37 PM
    The title is pretty self-explanatory. Basically, I want to know whether I can legally continue my GC process in US once I get Canadian PR? What would I have to do? I read the blog from the guy who said he had an address, account in Canada but worked in US. I couldn't tell, though, whether he ended up keeping his Canadian PR...and also - whether he ended up getting the US Green Card in the end?? Appreciate any help!!!



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  • chanduv23
    02-13 12:01 PM
    Chanduv,

    I know in the past many times it was debated -- why people do not support? Let me put forth what I feel.

    Effort put by IV is very commendable. But the beneficiary of IV work (mostly) do not give importance to Green Card. That is what I think based on talking to multiple people and that is what we see from the % participation of people for various fruitful effort put forth by IV. Most of them say they do not care if they get GC or not. In their heart of heart they may but not too much.

    Other reason I can think of is -- There could be doubt in minds of many people of IV strength. The day IV gets some success, people will rally behind IV for a while. And that is the scenario outside world too. See the stock price. If the company is doing good, stock price goes up. The day one bad news comes, stocks falls down. Take the presidential election. You can very well make out that contribution by company or people is proportional to candidate wins. If you are loosing, contribution will dry out very fast. I am not saying that candidate will not have supporter but that would be less in number. Take N.T. Rama Rao case. The day Naidu ditched him and others followed him, no officials gave importance to NTR.

    Believe me, in my office or outside, I have talked to every Indian. And not one comes back n discusses with me about IV.

    I strongly feel IV is doing a commendable job with some dedicated contributors.

    Thanks for all your wonderful help to the community - people like you inspire others.

    Please do not misunderstand my response to your earlier post, I was in no way pointing fingers at you but was trying to clear common misconception that IV must not be looked at like a software company doing good or bad at shares.

    Once again, I respect people's space - it will be great if all of us come together and make this a success





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  • newuser
    07-03 08:13 AM
    Here is the link (http://sharebigfile.com/file/190401/sharebigfile-2--com-Reporter-Contacts-Clean-csv.html) for the reporter contacts that was compiled for the last media drive



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  • ocpmachine
    09-17 11:21 AM
    When it took about 2 years spill over visas (2008 and 2009) for the EB2 India dates to move from April 2004 to Jan 2005, I am sure you could estimate how long it would take to cross a year.

    This is not entirely true, the spillovers in 2008 was given to PD's till mid 2006 and cases with FBI namecheck pending(PD's 2003/4/5) were not approved, so 2008 spillovers did not go fully to 2003/4/5 PD cases. However, in 2009 the spill overs go entirely to 2004 cases as FBI cleared name checks and due to pre-adjudication.

    So my take is it took part of 2008 spillovers + entire 2009 spillover numbers just to clear 2004 backlog, unless we have pre-perm Jan-Mar05 numbers we really cant logically predict the EB2 movement.

    Edit: oops, i see sachug22 already posted a similar reply, sorry for the duplicate post.





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  • iviviv
    10-09 01:14 PM
    Been contemplating Australian or Canadian migration to get around the retrogresion issue. Are there any former H-1Bs out there who got Canadian citizenship and then applied for US green cards? Please describe your experiences.

    How about any Australan nationals who obtained Australian nationality and then
    obtained US green cards?

    Please describe your experiences- both good and bad.



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  • pappu
    06-02 10:46 AM
    country quota is not racial discrimination...u must be a fool to say that.

    To change the country quota..they have to change the whole philosophy of immigration in this country... Equal opportunity for all...

    Its absurd to try to change the country quota..we must try for recapture..instead..

    Then how do you explain no country quotas for undocumented in CIR?

    We need to strongly oppose reasons that we hear in favor of quotas because country quota is discriminatory.





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  • krish2005
    01-14 03:03 PM
    I was tweeting with an attorney from boston. She says that the memo does not do any good for a H1B resource working at a third party site though employed under a desi consulting company. :(



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  • immigrant2007
    08-20 10:38 PM
    I agree
    I hope we spend this much time in supporting or PLANNING WHAT WE DO NEXT. I still believe if we all of us make a combine effort we can get our backlog issue resolved





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  • _TrueFacts
    09-04 12:49 PM
    Just one quick question�?

    If you get a chance as politician, Can you say you will not do any corruption? If some try to kill you, if you have power, will you be remain silent �?

    Facts:

    Hope you got the point here.

    Sreedhar,

    I agree with your comments.

    In India, politics have been used to amass money, wealth and YSR has used his position for killings, land grabbing, scams etc.,

    Make money the right way, no one stops any one. Where is the end to corrupt means? Yesterday YSR, today his Son. The biggest problem today India is facing is, people involved in policy making deeply submerged in corruption.

    There should not be an excuse on comparison. If today we don�t condemn, tomorrow we will be affected. And being here we have to set an example to other people out there in India, living and working in USA is an experience that can�t be valued on paper.



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  • swo
    07-13 10:46 AM
    I have no doubt there is high literacy in parts of India. I mentioned Canada's literacy rate in response to a poster's reference to "illiterate Canadians". A poster, who ironically, in that same rant struggled to write a well phrased sentence.

    I understand your point, but to me "A good place to live", DOES encompass "a good place to realize your ambitions". It's just a matter of what those ambitions are. Ambitions area not always 100% material. If your ambition is to enjoy a solid income by the ocean in good weather, Toronto cannot offer that. But if it is to create an IT fortune, Cairnes, Australia probably isn't the right place for you. "Good" is different for all of us.

    The indexes mentioned are just a loose measuring stick that compare a bunch of safety, infrastructure, health, lifestyle and opportunity assessments and try to apply some metrics to them. All I'm saying is, there's good and bad everywhere, and Canada, always rates highly.

    Like you however, I'm here because I like it here. Frankly, after Canada, the weather in California is too hard to give up :)

    In the end, as you say, it's all objective.

    I don't know much about Canada, but wanted to point out that the Indian state of Kerala also has one of the top literacy rates in the world. And an excellent healthcare system. (Apparently, the expected lifespan of a Keralite woman is longer than that of women in the developed world. And something like 94-95% of babies in Kerala are hospital delivered.) Also, Kerala pays unemployment benefits to educated-unemployed youth; much like Canada. (See wikipedia or google for sources and citations.) Yet, Kerala is certainly nowhere near the top of the list of desired immigration destinations; in fact, Kerala likely has the largest proportion of natives working outside the state.

    "A good place to live" does not necessarily translate to "a good place to bring your ambitions to life." (E.g., Kerala also has one of the highest suicide rates.) That's my point.

    Anyways, good luck to those who want to move to Canada. IV is all about helping us work on our legal immigration to the US. So I don't think this is the appropriate venue for those who want to go to Canada.





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  • qplearn
    10-23 01:02 PM
    Hello everyone.

    I was wondering if someone could point me to how exactly labor substitution works.

    Before anyone starts jumping down my throat, i am JUST looking for documentation on the full process and I DID try looking on the google.

    If someone has any article on labor substitution and how it works please post it on here.

    Best of luck!



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  • vparam
    01-23 05:16 PM
    http://news.mainetoday.com/updates/008785.html



    Our message to Narendra "Nick" Mandalapa : Enjoy prison. Maybe on the inside, you can sell contraband items just like on the outside you sold approved labor certs.

    --------------------------------------

    Like someone said on the news article thread, the only difference between this guy and other desi companies (Desi means "of Indian origin") is that this guy got caught, while hundreds of other companies still sell approved labor certs with earlier priority dates.

    And all this illegal trade is much to the delight of AILA, who is pushing hard to keep labor substitution alive.

    What's in it for AILA? : Additional business of labor substitution. Now, for a few extra pennies, AILA would not hesitate to screw thousands of GC applicants waiting in line and enable the "Cutting in line" that happens due to labor substitution.

    So if you think AILA is a friend of immigrants (legal or illegal), think again. Its a friend of $$$. And there is nothing wrong with that. Everyone pursues self-interest. That is what AILA is doing. But dont misunderstand AILA as a champion of immigrants (legal or illegal). It represents immigration lawyers, not immigrants. On a rare occassion, the interests overlap, and that's good. But on many issues, AILA has a history of being very very employer friendly as far as immigration law is concerned, even if it comes at the cost of employees(immigrants).
    Logiclife -
    I would not say substitution of labor is totally wrong. I left my previous company after having waited for a labor over 2 years and helped find a suitable candidate, who also had the same level of education and experiance and was an exact replacement for me (Sr.Program Manager -designation). My (old) company which is fortune 100 company was not ware of this substitution business till i told them they should use it when they spent money filing it for me and i am not using it. while consulting companies also use it when the original person left and they have someone else to fill in that role..

    The concept becomes wrong when it sold and not really used for a replacement and i think those guys have to be identified like Narendra Mandalapa and punished.





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  • eb3_nepa
    10-24 10:00 AM
    Lets say you have a company. You apply for some-one's labor. The labor is approved. Then the guy leaves. So you have one approved labor. You can then ask me to give you a "gift" of lets say $30,000 and in due course you will employ me in that position. Technically this is illegal, just like it is to take campaign contributions to vote in a certain way...But in practice it is hard to establish quid pro quo in these cases. More so when the person is willingly paying the money and is not willing to turn on the seller. So people who say you can buy LCs legally are WRONG.

    Ok got it thanks Amoljak

    So then that is the only way one can SELL you an approved LC?





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  • H1BinNY
    07-04 09:37 AM
    I am not part of this mess but here is my 2 cents contribution. NBC reporter

    NBC News Channel 4
    Monica Morales

    Her email is

    monica.morales@nbc.com





    eb3_nepa
    06-28 09:17 AM
    http://www.shusterman.com/pdf/aila-cis-vb.pdf


    Karthik


    Excellent link. Good research by Macaca and logiclife.

    A couple more things guys:

    1) Matthew Oh has been known in the past to be a BIT of a sensationalist. Remember this past weekend and his scare regarding the yanking away of AC-21 provisions for I-485 filers? So lets take whatever he says with a PINCH OF SALT! ;)
    2) Let us please stop these messages about how Jesus and the saints would get their GCs processed. It may very well be offensive to some of the Christian members and to some Americans reading the forums.





    conchshell
    09-23 08:27 AM
    Nixtor, this idea is worth trying. If people who are buyinh house can be exempted from the VB quota, this will free up extra visas and will help those people who will not buy a house.



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