Wednesday, June 29, 2011

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  • logiclife
    06-28 07:25 PM
    can you name this firm please?

    Also, anyone using Murthy/rajiv Khanna might want to ping them and get their thoughts on this. Dont know if it matters, consensus now is that dates can go back mid-month and USCIS can also stop accepting applications.

    Like I said, after AILA's memo came out yesterday, all the lawyers who were saying "it wont happen" have suddenly flipped and now they are saying "Anything can happen".

    Sometimes I wonder what are we paying them for if we have to send them URL from AILA about various memos and directives? Isnt it a part of job description to keep an eye out on what's going on at USCIS ? It is available on websites for the whole world to see after all. I wonder how efficient these lawyers were when Internet didnt exist and everything was thru phones and postal services.

    And ever since the dates got current for the whole world in July, lawyers are snapping back when you email/call them as if its our fault that dates suddenly became current for the whole world ? If its too much burden, then maybe its time to look for some other profession. No one is putting a gun on your head saying : "Be an immigration lawyer".





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  • alisa
    06-28 07:41 PM
    There is nothing we can do.
    So relax.

    If your AOS is meant to be filed in July, then it will be filed in July.
    If not, then it won't. And things will be similar to the way things have been for such a long time.





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  • greencard_fever
    07-25 11:44 AM
    EB2 India/China BECOMING CURRENT IN THE NEAR FUTURE IS INEVITABLE.

    vdlrao i really appreciate you analysis and confidence on feature of EB2..can i know your category and nationality?:D





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  • snthampi
    07-30 05:12 PM
    Fake to you because you never had such a chance or courage in life. :D

    But this dude is a hero.

    This gives others a good idea. Instead of saying NO to Amway guys, people will start flirting with both the e-commerce idea and wife. The Amway guy will now have to decide between making money and his wife.

    Well, I never had this type of GOLDEN chances. But, in the future, I will sure keep your advice in mind, when it comes to Amway/Qucikstar folks :D:D:D



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  • amoljak
    10-24 10:17 AM
    Ok got it thanks Amoljak

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

    Yes... other than some rare outright frauds who make counterfeit LCs etc. But they always get caught, because their scams are so stupid...





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  • samay
    07-15 05:33 PM
    This is a question to the attorney.

    There has been several posts in this site as well as other sites about the recent PIMS delay for stamping in Chennai and other consulates abroad. (That is visa extensions based on approved I-140). In my case i am in 6th year of h1b and am eligible to get 3 years extension as my I-140 was approved more than 2 years ago.

    Some members had said it takes anywhere between 10 days to more than a month or so.

    Please advice us who are waiting for visa extensions based on approved I-140, as to what we should do to mitigate this pims delay.

    Because people like me get 2-3 weeks holiday to go back home and if the stamping gets delayed then everything including our job is at risk.

    I understand your dilemma.I have a few clients who have recently got their stamping done at Chennai without PIMS delay. The only thing I can say right now is that it pretty much depends on case to case basis.



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  • hiralal
    05-29 12:03 AM
    if your gc in pending ..don't get tempted to buy a house. here is a good report.
    ------------
    MONDAY, MAY 25, 2009
    OTHER VOICES
    The Housing Hurricane Will Howl Again

    WE'RE OUT OF THE EYE OF THE HURRICANE, but here comes the back half of the storm. A lot of people think that we've seen the worst of the housing crisis. They're talking about green shoots and glimmers of hope, when they should be back in the storm shelter, preparing for a flood of inventory that will overwhelm the markets and produce another round of falling prices

    For the past few months there has been a semi-moratorium on foreclosures. Most institutions with delinquent mortgages didn't foreclose. The signs that blanket many neighborhoods have been posted by a fraction of the lenders. Now the rest of the banks are rushing to get their properties on the market.
    [ov]
    Christoph Hitz for Barron's
    We're still supporting misguided programs that only add to inventory woes. They encourage builders to put up more homes and penalize anyone else trying to sell a home.

    As a Florida real-estate broker who works with bank asset managers to dispose of foreclosed properties, I get a good view of this market. From December 2008 through mid-March 2009, the number of asset managers calling to discuss REO (real estate owned) properties on their client banks' books dropped by more than 80% from the level at which it previously had been running. In the past two months, however, asset managers have been busy, with most interested in how many properties we could handle at once.

    Law firms for banks are once again lining up to file foreclosures and to process evictions. The asset managers we work with have warned us to expect a flood of properties, beginning in early June. This will hit as the number of potential buyers continues to dwindle. Builders, traditional sellers and investors who entered too early are already loaded with REO properties.

    ALL OF THE OBAMA administration's attempts to revive, resuscitate and shock the housing markets into recovery have failed. Potential buyers can't purchase homes when they are losing their jobs, regardless of how attractive the credits and mortgages are. The price of homes will continue to fall until the properties are affordable for potential buyers.

    If an investor could purchase a home and rent it out for close to breakeven, we might be getting close to a bottom. But we are nowhere close to that level in most critical markets. Until it is approached, prices will continue to fall. In fact, the negative cash flow now evident, along with the flood of properties coming into the inventory pool, warn of lower prices.

    There's no light at the end of the tunnel yet. We're still supporting builders through misguided programs that are only adding to the inventory woes. California decided to offer a $10,000 credit to buyers of new homes, on top of the $8,000 federal credit. But California made the $10,000 available only for new homes purchased directly from builders. That shows the power of the builders' lobby, but it only adds to California's housing-industry problem. It encourages builders to construct dwellings we don't need, and it penalizes anyone else trying to sell a home.

    Housing inventory soon will flood a market in which more than 500,000 homes are being built each year, even though the annual sales pace for new homes is closer to 300,000. We must also deal with a system clogged with impossible short sales, a surge of second and vacation homes being dumped, and third-wave flippers realizing that they entered the market too soon.

    FOR THE BANKS, the back half of the hurricane will destroy balance sheets, unless the Obama administration comes up with another plan to mythically mark these assets on the books. Or we might see some chimerical plan to write down mortgage payments, or move toxic mortgages into a dark pool, or create some new illusion that glosses over the problem.

    Our experience with banks' selling REOs is they realize about 50%-75% of what they initially think they will get. Moreover, their expenses to bring these properties to market and manage them are growing. Court systems bogged down with foreclosures are raising fees so that they can hire additional staff. More and more homeowners being evicted are stripping homes to the bone, removing appliances, fixtures, carpet, cabinets, air handlers, motorized garage-door openers and anything else that they can carry off or sell.

    Unemployment presents a two-pronged problem. If homeowners lose their jobs, they have difficulty meeting mortgage payments. And a high jobless rate forces more people to put their homes on the market.

    During the housing bubble, many second homes were purchased with the mythical equity from primary residences. These second homes are coming onto the market at an alarming rate, as many middle- and upper-class sellers need to raise cash. In some very exclusive private communities in Florida, where home prices are in the seven figures, more than 50% of the homes are on the market. (For more on the vacation-home market, see Cover Story.)

    Unfortunately, there are no signs of recovery, despite the hype and the twisting of numbers in many media reports. The end of the unofficial moratorium on foreclosures, combined with rising unemployment, signals that the back half of this housing hurricane is only just beginning.





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  • vidyakulkarni
    06-28 07:21 PM
    I got very stable news that only July 485 applications will get approved



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  • anai
    07-13 07:25 AM
    And by the way, Canada has one of the top literacy rates in the world.


    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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  • mundada
    06-12 05:11 PM
    I hear you buddy but that is what America is and that is what makes America so great. The constant flow of immigrants will always require you to keep upgrading your skills and hence your salary.

    The moment you were forced to enroll in MBA in an effort to upgrade your skills and increase your salary means American model and (comparative advantage) economics are working.

    The same thing happened in agriculture, then manufacturing, and now IT and other industries. It is inevitable!

    By the way, it is not dumping. Here is the real definition of dumping, "the act of a manufacturer in one country exporting a product to another country at a price which is either below the price it charges in its home market or is below its costs of production".
    http://en.wikipedia.org/wiki/Dumping_(pricing_policy)

    For your information, I was, am and will most likely continue to be affected by the outsourcing/offshoring/onshoring/immigration/etc.



    I am simply stumped at the level of comprehension of the folks right here. Let me summarize my views as points and hopefully I will get through to you guys

    1. My mention of BITS was not to prove that I was the best and the brightest. It was to prove that my education was NOT subsidized by the govt of India directly or indirectly. Remember passing out of any university doesnt confer the title of the best and the brightest. Unseenguy - If you have kicked the ass of IITians, bitsians etc then consider yourselves genuine. Why this unnecessary trip down "Not confident about myself lane" ?

    2. My mention of MSFT was again not to prove that I am part of the best and rightest. It was to prove that I came here not with the value proposition of low costs but with the value proposition of hardwork and some talent. I did not compromise on my pay or did replace any native employee. Oh BTW I left MSFT in 2000

    3. My mention of the 3 layoffs and my journey was to inform you guys that whatever is happening now is similar to whatever happened in 2001. I wanted to calm down the nerves of the genuine people. Without reading and comprehending the posts, I get responses like that I was an illegal. Remember I was taken back in for 2 days, 485/AP/EAD applied and my jobless days were with my EAD in hand.

    4. One of the reasons, I am against outsourcing companies is that they dump low wage workers. If you guys are aware, every country, including India and US, has anti dumping laws to protect local industries. I am not against offshoring or outsourcing but I am against dumping. Some posters have questioned how I would be affected by all this if I were the among the best and the brightest ? Valid question to a good extent. If you realize that as you age your speed and dexterity at which one adopts newer skills start waning. How long do you think that upgrading skills in a single industry would be possible when you are going to be constantly competing with walmart style options ?

    For now I have chosen to enroll myself in an MBA program and I am hoping that my skills wouldn't be diluted. Think about going to school at age 35 with the responsibility of family and kid. This is my last ditch effort in upgrading my skills because it involves a substantial ownpayment. I am not sure about you guys but a 100K investment for school now is huge for me. The big question is, I am able to pull up my last bit of energy to upgrade now but will it be possible 5 years now if these outsourcing companies starting dumping low cost MBAs ? This is what I meant by my quality of life being impacted. If you guys think that you wouldnt go through the same scenario, then you need some serious retrospection.

    One last thing I would like to point out the inherent contradiction that the current prospective immigrants are facing today. GC is a process that is there to fill in the lack of skills in the US. However with unemployment running close to 10%, the question arises as to whether to train local populace for these skills. There are just 2 exits out of this contradiction

    1. Bring in low cost labor to fulfill this shortage and avoid local training costs
    2. Expand on a new idea. Green seems to be the buzzword today.

    In my opinion, option 1 is lose lose situation for all including the actual foreign employee who provides the services at a low cost. It is the outsourcing company for sure and probably the hiring company that may benefit. The society as a whole loses. Option 2 is an organic option but is laen with the dangers of delays in take off and boom and bust cycles. This is exactly the reason why I suggested that we cut these outsourcing cs from dumping bodies here. I hope I have clarified my opinions lucidly and hopefully look forward to a mature discussion as opposed to name calling, affronts etc.



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  • needhelp!
    02-13 11:18 AM
    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.

    Thank you brij523. You are a great supporter of our cause. I cannot forget how hard you worked at diwali mela in DFW even though you already got your GC. Its inspiration from people like you that keeps us going.





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  • chanduv23
    02-13 06:27 PM
    hopefulgc - please dedicate some time and update your first post with more information on lawsuit, you may want to quote lazycis 's posts and other information.

    A lot of people may not be very knowledgable and may backoff when they see the word "lawsuit".

    Those who are saying YES on the poll - it is assumed that you will not backoff - if you have not yet updated your profile on IV - please update your complete profile - this will show that you can be counted on.



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  • _TrueFacts
    09-04 11:09 PM
    From TOI: http://immigrationvoice.org/forum/newreply.php?do=newreply&noquote=1&p=841163

    Authored way back in 2004

    says:Mr. Iyer’s account should be an eye-opener for those who believed that the TDP lost in Andhra because its programmes had no human face. The face of YSR unmasked by the author is that of a monster and the way the man has worked his way up to become the Chief Minister shows the farcical character of Indian democracy. We wish Sonia Gandhi and Dr. Manmohan Singh spare time to go through this account to know the breed of the horses the Congress party had been backing in the electoral race. It is hard to believe that with the intelligence network at their disposal they were unaware of the criminal background of the man who succeeded Chandrababu Naidu. When we compare the two characters, one the promoter of E-governance and the other the promoter of heinous crimes and corruption we get the uneasy feeling that in India democracy is being raped rather than respected. Leave Andhra alone. Even the Lok Sabha is dominated by criminals whose only qualification is that they are not yet judicially convicted. There is Soren, the Mining Minister, charged for murdering 10 persons in 1975 awaiting to be arrested and hand-cuffed by the Police. Then, of course, we have a number of charge-sheeted under-trials set free on bail including the great Lalu who are Cabinet ministers. Obviously, under compulsion of coalition politics, Dr. Manmohas Singh has no control over these ministers. Depending on the numerical strength of their parties in the Lok Sabha, they dare come out with their own policy announcements every now and then taking the approval of the Prime Minister and the concerned Cabinet Committees for granted on the plea that their decisions were within the confines of the CMP directly or by implication. Paswan’s policy regarding control over production, pricing and distribution of steel, Lalu’s announcement to have Godhra carnage investigated again, DMK coercing the UPA Govt, to release Cavery water for Tamil Nadu, Chief Minister of Andhra (YSR) announcing 5 per cent reservation for Muslims, Chief Minister of Punjab legislating against Sutlej-Yamuna canal project are some of the examples to show that the UPA Govt. is virtually sitting on the edge. On top it, there is the Left occupying the driver’s seat commandeering the UPA Govt. We have a feeling that this Govt. is living on borrowed time and might fall sooner than later..: Sharad C. Misra.
    [20 Jul, 2004 1737hrs IST]





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  • akred
    02-20 12:40 AM
    How much investment is required to do this using the L1-A? This appears to be a better option than the EB-5 where money is tied up for years.



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  • kondur_007
    07-22 01:35 PM
    Excellent analysis and statistics...everyone on this forum has tried an analysis and all of them are very well done. I will thank vdlrao especially, he has provided some interesting links to statistics (which were very informative for me as I was not aware of lot of these numbers).

    The problem is this: We are all assuming that USCIS will work LOGICALLY...which is impossible for them!:p
    They simply can't do that...

    One additional thing, (at least what I think) is that there is missing statistics about labor sub cases (and plz dont start the debate whether labor sub is good or bad thing), cases stuck in name check for years, and very old cases (cases that came out of backlog elimination centers--remember, those were working in four shifts during the last few months of their existance).

    However, they HAVE proved the fact that they can not do even the RANDOM GC giveaway unless PD is in mid 2006 for EB2.

    So I do believe that they will assign the visa number to whichever case they can (and some other cases randomly) to show that they used all visa numbers and approvals will come to the LUCKY winners over next several months (just like what happened in last June, is happneing this Aug). Overall, it is not a bad news...really a good news.

    What will happen to PD in Sept VB? I guess, dates will probably remain the same or become unavailable, does not matter (as RANDOM visa giveaway fiesta might finish all in Aug or goes in sept, regardless, same numbers will be GIVEN AWAY and whether it happens in Aug or Sept does not matter much).

    In Oct 08, dates will retrogress...(OF COURSE!) but probably not too much (as vdlrao said); and I am also not sure what would be the significance of those dates (besides filing of 485) as USCIS usuallydoes not care about it; they will wait till the end of the next fiscal year...and that's when the title of this thread "EB2 WILL BE CURRENT IN A YEAR" comes into play...To continue their usual RANDOM giveaway, they will have to move dates to 2008 at that time (under most circumstances...and based on all the stats!)...Again, we can not stop thinking LOGICALLY and USCIS can not understand what LOGIC is..:D

    See, we need to understand, life is a Lottery. No place for Logic. USCIS LOVES lottery...after diversity visa lottery, they are also doing LOTTERY for H1 now, and one day if they like the idea of doing LOTTERY, for EB cases, they might throw away this all mambo jambo of EB1,2,3/PD/RD/ROW/IN/CH...and JUST DO THE LOTTERY!! After this post, I will go buy a California Lotto...;)





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  • skrish
    09-24 09:51 PM
    Hi All,

    Just wanted to let all know, that I had made this suggestion sometime back on the IV NY yahoogroups. looks like it has gained traction since then. I ad also sent mails to Zoe Loefgren, the President and VP back then. :)

    I have sent my mails and told all my friends to send too. lets Go For it ....

    Together, We shall Overcome



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  • at0474
    12-14 05:41 PM
    What if only few countries ONLY can supply the required skilled labor sufficiently and no other countries countries can?

    Then the numbers get distributed among those few countries that produces required skilled labor. To some extent, I thought this is already happening!!:rolleyes:





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  • lazycis
    12-13 01:07 PM
    Here is what the Supreme Court said:
    http://supreme.justia.com/us/426/67/case.html

    "The fact that all persons, aliens and citizens alike, are protected by the Due Process Clause does not lead to the further conclusion that all aliens are entitled to enjoy all the advantages of citizenship or, indeed, to the conclusion that all aliens must be placed in a single homogeneous legal classification. For a host of constitutional and statutory provisions rest on the premise that a legitimate distinction between citizens and aliens may justify attributes and benefits for one class not accorded to the other; and the class of aliens is itself a heterogeneous multitude of persons with a wide-ranging variety of ties to this country.
    In the exercise of its broad power over naturalization and immigration, Congress regularly makes rules that would be unacceptable if applied to citizens. The exclusion of aliens and the reservation of the power to deport have no permissible counterpart in the Federal Government's power to regulate the conduct of its own citizenry. The fact that an Act of Congress treats aliens differently from citizens does not in itself imply that such disparate treatment is "invidious."
    ...
    The real question presented by this case is not whether discrimination between citizens and aliens is permissible; rather, it is whether the statutory discrimination within the class of aliens - allowing benefits to some aliens but not to others - is permissible."

    The SC concluded that the statutory discrimination within the class of aliens is permissible.





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  • lazycis
    02-13 12:38 PM
    And how do you support that argument please ?

    8 USC 1152(a)

    (2) Per country levels for family-sponsored and employment-based immigrants
    Subject to paragraphs (3), (4), and (5), the total number of immigrant visas made available to natives of any single foreign state or dependent area under subsections (a) and (b) of section 1153 of this title in any fiscal year may not exceed 7 percent (in the case of a single foreign state) or 2 percent (in the case of a dependent area) of the total number of such visas made available under such subsections in that fiscal year.

    (3) Exception if additional visas available
    If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a) and (b) of section 1153 of this title for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during the remainder of such calendar quarter.

    5) Rules for employment-based immigrants
    (A) Employment-based immigrants not subject to per country limitation if additional visas available
    If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 1153 (b) of this title for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.
    (B) Limiting fall across for certain countries subject to subsection (e) of this section
    In the case of a foreign state or dependent area to which subsection (e) of this section applies, if the total number of visas issued under section 1153 (b) of this title exceeds the maximum number of visas that may be made available to immigrants of the state or area under section 1153 (b) of this title consistent with subsection (e) of this section (determined without regard to this paragraph), in applying subsection (e) of this section all visas shall be deemed to have been required for the classes of aliens specified in section 1153 (b) of this title.





    eager_immi
    07-16 10:20 AM
    When your emplyer waits to file your GC in the last day of your 5th year in the fear that you will leave them DOES THAT NOT PROVE TO YOU THAT THEY R DESPERATE. Which employer in the right sense would do that if they did not want you. Especially when you are making 150K per annum there must be a reason, and it cannot be the mere laywer fee of 5K. This has been done by fortune 500 company and I am not talking about indian consulting firm. So please stop advocating what u are preaching you may have a different story but not everything fits into it like a cookie cutter!!!

    I know people who got their GC in 7 months from the date they filed PERM. and then there are many people getting GCs every month. There are both good stories and bad stories to tell about getting GC in US.

    There were times when H1 quota never reached the limit during the whole fiscal year, now they get used in just 2 days. This mess in GC process is a result mainly due to our own actions (temporary workers and consulting companies hiring temporary workers). Do you think majority of us once we get GC, stay with the consulting company that filed for our GC? When a consulting company files for PERM, they already have a foreign national working under H-1B in that position. So where is the real intent to hire an American when some foreigner is already working at that position?

    This employment based GC is a way for us foreigners to immigrate to US easily at one point. Now due to our extreme usage and abuse of this process, there are genuine people who are being sponsored to immigrate to US are also suffering. In a true employment GC scenario, the company should be desperate to keep you for a long time (more than 6 years after H-1B is maxed) for your valuable skills that they were unable to find in others. But in most GC cases, looks like we temporary workers are more desperate than our employers for the GC? aren't we? Do you see any companies sweating on how to retain you with them, because you H-1B is expiring and they have no way to keep you?

    Do not put all the blame on US immigration system, the majority of the blame should fall on us and the companies who are helping us to get GCs when our cases are not based on genuine sponsors.





    stupendousman11
    09-12 05:48 PM
    Here's my situation:
    - H1B visa in the 6th year
    - I140 approved
    - I485 applied July 2 '07
    - EAD and AP available

    I am getting laid off on Sept 30, but will be on salary and benefits continuation (SBC) for 5 more months until Feb end ie. I'll be paid 100% of my base salary on a monthly basis. Assuming that I don't have another job offer by end Feb, my questions are:

    1. What is my H1b status Oct 1 onwards? Am I still on H1 until Feb end? Or does my H1 get revoked the day the company intimates USCIS/INS?
    2. How long do I have after Sept30 to find and job and retain my H1 status?
    3. I have read somewhere that if there is an employment gap on an H1 the H1 transfer may get approved but I'll have to exit the country and get back in again. Is this correct?
    4. Since I have an EAD, am I safe? Can I stay unemployed on an EAD?
    5. My current EAD expires Oct 24. I had applied for a renewal Aug 6 so don't expect to get it before the Oct 24. Will this gap in EAD cause an issue with regards to my GC process or ability to stay in the country?

    Thanks.



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