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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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  • hiralal
    06-15 09:36 PM
    Just hang on to your jobs or find a job if you loose one. You will get your GC. GC shouldn't stop you from pursuing your interests buying house or starting a business, there are always ways to do it.
    I am guessing that your intention is good but the advice is BAD (to put it mildly).
    Find a new job if you are on H1 / or even EAD -- first try the same and then let us know.
    regarding buying house - if you are welder from Korea - sure go ahead even if you PD is 2006. if from China / India -- just forget it for the time being ... it will add too much stress in your life ..better have the money in liquid form. it is good to be optimistic but you need to be a realist first ..as others have said, if they cannot print a plastic green card for you then it is foolish for you to invest your hard earned money in real estate





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  • saiimmi
    02-13 09:15 PM
    Folks!

    Sorry for the clich� "United we stand divided we fall". Let us be careful and have meaningful dialogue especially when we take up contentious issues that might pit one member against another. IV stands for improving EB based immigration for all irrespective of the country of birth. Please note that there are several outside folks vying to split the group and we do not need to do it internally. I feel that this discussion has come up at misopportune time. Just recall the same kind of discussion that came from folks that had missed the July fiasco last year.

    Let us not forget our "primary" goals and harp on minor irritants.

    Yet another EB3 India Guy !





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  • vdlrao
    07-24 09:01 PM
    http://www.immigration-information.com/forums/showthread.php?t=5456&page=8


    #78 07-07 12:43 PM
    guchi472000 guchi472000 is offline
    Junior Member Join Date: Mar 2008
    Posts: 13


    Re: Visa Bulletin answers and other isssues

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

    Hi Ron.

    Any predictions for Aug-08 visa bulletine.

    Thanks.

    guchi472000
    View Public Profile
    Find all posts by guchi472000

    #79 07-07 01:30 PM


    Re: Visa Bulletin answers and other isssues

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

    I suspect there won't be much change from the July bulletin.
    __________________

    Ron Gotcher Ron Gotcher is offline
    Attorney at Law Join Date: Sep 2005
    Location: Los Angeles, CA, USA
    Posts: 6,767
    Blog Entries: 11
    07-07 01:30 PM
    Ron Gotcher Ron Gotcher is offline
    Attorney at Law Join Date: Sep 2005
    Location: Los Angeles, CA, USA
    Posts: 6,767
    Blog Entries: 11


    Re: Visa Bulletin answers and other isssues

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

    I suspect there won't be much change from the July bulletin






    As our "Legal" mentioned please see Ron's commets on the Aug 2008 Bulletin, before its released.



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  • dhesha
    07-29 04:19 PM
    Can anybody explain what is the criteria to take the CP interview? Is there any limitation or condition about who can take CP or not?

    thanks





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  • ramaonline
    06-01 03:09 PM
    Thanks for the post

    I have been working here for 9 years and next year we plan to return back to India. I spoke to SSN customer service to find out my retirement and survivor benefits. Being an Indian citizen, all these are available only if me, or my dependants, have a valid residing status with the US, at the time of making the application. The contribution at this point is like getting a right to work.

    Per the current grey SS Rules, you cannot claim SS benefits on retirement if you are an Indian citizen residing in India at the time of filing the claim. (Even if you have accumulated 40 credits)



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  • at0474
    12-13 01:05 PM
    "If you read the history of immigration this country you will see that such measures are typically taken with restriction in mind not diversity."

    --Any country's immigration policy has to have some control measures built into it. I cannot imagine any country opening its gates wide open for the entire world to migrate into her without any limitations. So the question is, whom to "restrict" and whom to allow? This leads to the same argument, do you see this "restriction" as discrimination? There are others who see as fair "reservation" for them.

    "Diversity is the nice sounding cloak."

    --True. Every concept has been used and abused.

    "There is a definite fear that FB will bring in many mexican migrants ( "chain migration") and the country quota holds that back imho. you think it's because of indian programmers? It was made long before those existed. remember we are a minuscule number- don't feel so important- the programmers are about 2% of all immigrants. 11% is all EB, half are families, half again are techies- not all those are programmers. do the math."

    --I did not say EB quota system was framed due to high influx of indian programmers. You missed the whole point.


    "Also remember that 50,000 Gc are given a year by lottery for "diversity". as a result more bangladeshis get Gc in a year than indians on EB. so why do we need the country quota in EB again?"

    --Good question. If we look at what qualifies a country to be included in the lottery program (oversubscription etc?), it would again lead to the "balancing" intent with regards to immigration.


    "To the person bringing up caste system and fences, here is my proposal.
    i am a physician, i am being held behind hoardes of techies who can easily have PD's much before mine since i am training and working longer and the J1 holds me back. 12 years here and no where in the line...so i should get a fast track too. let's have a cap for the techies...hey it looks great from my side of the fence...i'm sure you will agree that i should be pushed up the line."

    --Precisely why I said your viewpoint would differ depending on which side of the fence you are.

    "either it's wrong or right. the caste system is wrong, from every side of the fence. it may benefit some and hurt others. but it's wrong, wrong and wrong.
    same for this country quota. sure it helps some, and looks good from "their side of the fence". that does not change the fact that it is wrong."

    --You are opining that it is wrong. You cannot state that it is a fact.

    "none of this is an argument for a legal approach. just responding to stuff here."

    --Same here. I appreciate your response though.





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  • amitga
    02-13 10:28 AM
    I think every body who wants to have a class action law suit should commit for $500 towards the expense. Only when we have commitment for $500 with person name and contact info, then we should move forward with the idea of Class action law suit. We need 500 people to commit for this otherwise there is no point in moving forward in this direction.

    There might be some people who will be willing to pay money but not listed as participant, and visa-versa and we should have at least 500 people who are willing to pay.



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  • cps060
    03-19 05:43 PM
    so you mean to say that if I try to enter in fourth year, then itself I have to go to an immigration hearing and the judge would decide whether he would let me stay or not ?

    Also can I apply for CA SIN staying in USA ?
    Should I be filing taxes there ?
    How do I get an address if I dont stay there ?

    Thanks for your help.





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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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  • srkamath
    07-23 03:10 PM
    Legal, Thanks again. Also that is where exactly is the contradiction in analysis.

    In my understanding, they must apply any spill over to EB3 too. EB3 gets 28.6% of total quota (Including spill overs). If some one is sure that it is not the case, please correct me.

    If spill over was already applied and if EB3 will not open up again, then EB3 already got its share of spill over and EB2 also used up some part of that spill over, so only part of that spill over is left for the 2 months.

    If spill over is not applied yet, then EB3 should get 28.6% of what ever is spilled over to total EB quota. Hence EB3 should open up again.

    Please note that I am not making this complex. I am only pointing at complexities.

    The 28.6% does not apply to spillovers - it is only for fresh allocations. Spill over goes sideways first until all in an EB category are filled, then spills over to the next EB category where again it spills sideways first.





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  • villamonte6100
    02-15 04:37 PM
    Oh and by the way, if people sue and WIN lawsuits for "COFFEE BEING TOO HOT" or the one "McDonalds made me fat" This one has much more credibility

    My friend, I'm not trying to fight you. All I am saying that you cannot file a class action against USCIS because they have not done anything wrong. They are just following the law.

    If you really want to have this change, it is the US congress that you can deal with.

    As I've said, I work for a law firm.

    Why don't ask your immigration lawyer first regarding the "class action" you are talking about.



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  • vine93
    01-14 01:03 PM
    What I understood

    If you are on H1 and is validity more than one year. Keep continuing. Once expiration is withing 6 month , start finding the direct vendor. Make sure you start the process early. So that even if it rejected you have time to jump to direct vendor. My two freinds got victims of this rule recently this week only .Their transfer was rejected for this reason , Now they got the offer from Direct vendor , H1 trasnfer is in process . EAD should be unaffected by this memo.

    There is no doubt Small Desi co. given fair chance to all kinds of people from remote villages. Then again they took unfair advantages too. Its time to wrap up their business now.

    Situation is alarming indeed.





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  • chanduv23
    02-13 10:48 PM
    Emotional Bravado Talk is a poor substitute to calm ruthless analysis approach.

    Why don't you sue DMV or Michigan congress (if possible).


    If the supporters of lawsuit are really enraged as they claim to be then there next post will be detailing their conversations with Rajiv Khanna, hopefully making a case for a lawsuit. They will have to put the down payment of ~600 dollars.

    Until then this lawsuit loose talk will remain just that , loose talk . Fit to be dismissed.

    Lets see how this goes - so many people voting for the lawsuit. Those who vote, MUST provide valid reachable email ids and phone numbers and MUST provide valid names.

    Those who vote yes, MUST engage in active discussion to move ahead. A good way to begin would be to consult an Attorney, so the discussion should move towards that side.

    Identify leaders who will lead this effort and form a mailing list and everyone who voted can join the mailing list and discuss.

    Lets see how the discussions move.

    Can we walk the talk?



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  • dhirajs98
    07-21 10:03 AM
    I have my EB3-RIR pending at NSC with PD JAN 2004. I-140 concurrently filed on July 23rd 2007 at NSC is still pending. I do have the EAD and AP approved.

    I have another EB2 labor (PERM) certified but its I-140 was denied on the basis of qualification. I have 3 yr B.Sc + 2 Yr. Post Graduate Diploma from India. This labor was certified on Dec. 26th 2006 and I-140 was denied last year after replying to the RFE raised regarding qualification. USCIS was looking for 4 yrs. degree instead of 3 yrs. They didn't accept my 2 yrs. post graduate on top of my 3 yrs. B.Sc degree.

    My question: Is it advisable to go ahead and revive this PERM labor to file fresh I-140 again? If Yes, then what all I should do before filing the fresh I-140? I have almost 8 years of work experience in USA beside my 3+2 years degree from India.

    Please advise.





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  • chanduv23
    06-28 08:57 PM
    There is difference... We didn't spend any money after June VB but everybody spent minimum $500 after July VB...

    If they don't accept application then USCIS made govt = 500* 100,00= $ 5000000.


    Mr Collection agent - why don't we start a new funding drive now :D :D Just kidding - take it easy



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  • NKR
    02-19 02:51 PM
    NKR, my friend, i'm puzzled, u speak of in-state tuition, visa stamping, life insurance.. how is that different for ROWs from others, we are all the same in that, we are all the same being skilled immigrants all of us, when i complain that someone says indians and chinese are here in larger numbers because they are best and brightest and ask them to be sensitive it doesn't mean that we all suffer the same hardships.. when i state the fact that bodyshops contributed to the longer lines for some countries i don't say i'm indifferent to your suffering, but i also say it can't be fixed by making another group suffer
    peace..

    You have to look at the context in which my comments were made. Somebody said that H4 spouses go to college and pay instate fees but they have to pay international fees. I never said that ROW people do not have any of those problems but it just that we have to endure that for some more years. Having said that, I reiterate that I want my GC fast but not at the expense of ROW people. They do not have to endure a longer wait.

    I thought this thread was given a decent burial, I could trust only you to bring this thread back to life with your hidden agenda of driving a wedge between Indians/Chinese and ROW.





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  • dilipcr
    06-16 02:31 PM
    What is your qualification? I have been in this country maybe as long as you have been and can wager that I am more qualified than you educationally unless you will be publishing something which will win you the Noble. Still I am stuck because of this system. And I am not even in IT.
    If you cast a wide net you will catch good fish, some bad fish might come in but that is given in any sample population. If a smaller net is cast the chances of only netting bad fish will increase. Similarly if Visa numbers and per country quota are more then some really qualified people will get in, if not only "Multi National executives" who can program MS Dos will creep in under EB1.

    We need a visa recapture for any of this backlog to ever clear. And Darvin can go fry a fish for all I care.

    I hope that you are more qualified than I am and I am not going to waste your time or my time contesting it. However, you could be a little more humble. I would also like to point out that your high qualifications may be failing you in your critical and deductive reasoning. Refer to the highlighted portion of your quote. If I may reason on an analogous note, you are saying that the current IIT JEE examination lets in a few people who aren't qualified. So by making the examination more tougher, it has more chances of letting in unqualified people. Needless to say, I am stumped.





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  • alisa
    02-14 07:01 PM
    I tried to determine, on a separate thread, the wait times for EB-2 India, EB-3 ROW, and EB-3 India.
    ANd I failed miserably. My models didn't make much sense. So I quit trying to come up with a reasonable, mathematical, estimate on the wait times.
    The reason I was trying to determine wait times, was so that I could then convince people to join and contribute for IV. Basically, a media campaign, geared towards our base.

    Anyway, the point of this post is this. I don't need reasonable, mathematical estimates. Maybe, all I need is a quote. A quote from someone knowledgeable, like Aman. Or some lawyers association. Some chimpanzee from USCIS. I don't know. Just something that says 'It will take 10-15 years for EB-3 India to get their greencards.' Or something like that for EB-3 ROW/EB-2 India.

    That could be used to let people know that there IS a problem. Trust me. A huge majority doesn't even know that there is a problem.





    engineer
    07-04 09:47 AM
    Anybody who got contact at NPR or anybody who want to take a challenge and work on contacting NPR and telling them about our story.

    http://www.npr.org/about/pitch/

    Sent NPR following:

    Dear [Insert Name]

    Re: Administration Slams Door on Thousands of Legal Immigrants

    Per US DOS July 2007 Visa Bulletin that came out on June 2007, all Employment based categories were going to be "Current" starting from July 2nd. Based on this information, many of legal immigrants like me, with approved labor certifications, worked day and night, spent enormous time and money to prepare our applications for filing Adjustment of status (AOS) application (I-485). This involves, going through a medical checkup, getting shots for required immunizations and paying hundreds of dollars in lawyer fees.

    The applications were all ready to be filed but against all odds, DOS issued a notice in the morning on July 2nd, informing that no AOS applications will be accepted. The visa bulletin has basically been revised and no employment based visa numbers are available for any legal worker. It states that visa numbers are no longer available until October 1st when the FY 2008 would start. This is such a waste of so much money and efforts from the legal workers, some of whom were waiting for more than 3 years to file for their AOS applications. They finally saw a hope and prepared themselves, but even before the day came, their hopes were taken away from them. It is amazing how the DOS and USCIS can make such a big mistake in their predictions about the visa number availability.

    The visa bulletin for June had moved the visa availability dates (referred to as priority dates) by more than a month for certain categories. A number of applications for AOS were therefore expected to be filed in the month of June. However, DOS still calculated an abundance of visa numbers and therefore moved all the dates for all categories to "current" for July. And now this morning, the visa bulletin has been revised to make visa numbers unavailable to everyone. This does not look right and begs for an investigation. The whole system of generating cut-off dates is not defined and there is every reason to believe that the dates are manipulated to serve certain hidden agendas.

    Please do a news story into this matter to help legal workers who are in USA for many years. Some of us have been working in the US for more than 10 years and still do not have permanent residency. We are paying our taxes and are law abiding members of the society. So we request President to intervene in this matter.

    If you like more information, please contact me at [email address] or [cell phone no].

    We are part of Immigration Voice is a non-profit organization (501 (c) (4) approved) working to alleviate the problems faced by legal high-skilled foreign workers in the United States. We act as an interface between this set of immigrants and the legislative and executive branches of the government. We work towards eliminating procedural hurdles by interfacing with the government branches that formulate policy

    References:
    US DOS July 2007 Visa Bulletin:
    http://travel.state.gov/visa/frvi/bulletin/bulletin_3258.html

    US DOS revised bulletin for July 2007:
    http://travel.state.gov/visa/frvi/bulletin/bulletin_3263.html

    Administration Slams Door on Thousands of Legal Immigrants: AILA Condemns Agencies� Bait and Switch
    http://aila.org/content/default.aspx?docid=22804





    srikondoji
    06-26 02:29 PM
    Closing this thread will not do any good.
    This rumour was in many minds up untill now. Now that we are discussing it openly, we are atleast clear in our minds about this issue.

    We atleast are discussing what USCIS could or coundn't do.
    Even my attorney has said that they cannot guarantee exact filing date per each case, even though mine was the very first application that went to my attorney's office with all documents ready including medical reports, birth certifictes. Such is the work load in my attorney's office.

    good luck to all.



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