Monday, July 4, 2011

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  • sumagiri
    07-23 05:42 PM
    CIS First 8 months story : EB2 India/China use all numbers (around 3k and get retrogress), EB1 and EB2-ROW use usual avarege numbers (EB1=24k and EB2ROW=14K) : Total 41K.

    If total 100K cases where approved EB3 got its share of 50k+. With changed interpretation they should get no more.

    Sachug22,

    Are you implying that there are more EB3 approvals than EB2 this year for first 8 months ? Doesn't seem right.





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  • gjoe
    02-15 07:13 AM
    I am going to use AC21 from March. I notified my employer (GC sponsor) about this decision during the first week of Feb. I had been working with him for close to 6 yrs but never had any problems so far.
    But today he didn't pay me. I should get 3 more paychecks including this one for 15Feb and I have my vacation days which would make up for another additional 80% of a pay check. The total would run to 18k+, if I just keep quiet and let it go I will lose the money and also what I beleive in (Freedom).
    If am not able to get my money from my employer I am going to file a lawsuit to recover the pay and also the legal fees from him. And also I am going to file a case against my employer and USCIS for being partners in doing this slave trade in America.
    I strongly beleive that the H1B system and the EB greencard system has been setup to legally bring in high skilled workers as slaves and exploit them by taking away their freedom. We are no better than illegals, in the way we are treated by the goverment and the employers.
    I will fight this case atleast to try to prove my point before I leave this place.
    I am looking for some civil rights agency which can help me with the lawsuit. My fight is not for the GC, but it is for justice.





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  • saileshdude
    06-12 10:52 PM
    Guys, I've heard (and only heard - don't red me now) that Cognizant has its H-1Bs being rejected and I've heard as far as this that some of the people in Cognizant who got green card through EB-1 category have been deported due to investigation after complaints regarding misuse of EB-1 category by these companies.

    has anyone else heard the same?

    I have heard the opposite. In fact one recent story I heard , was the guy applied in EB1 as International Manager and got his GC in 6 months. Again the company applying is Cognizant.

    Maybe the source u heard from is someone from Cognizant itself or supporter of Cognizant whose trying to cover up and trying make sure that no one reports about their misuse of EB1, so that they can continue to apply in EB1. This is a high possibility. So when you hear such news do not believe it completely.

    Morever H-1Bs are rejected for lot of companies. So cognizant is no exception to that. Regarding the EB-1 GC holders being deported , I find that really hard to believe.





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  • grupak
    12-14 01:19 PM
    I know. I work for a prestigious law firm and I know how hard it is to become a lawyer.

    Are you a constitutional lawyer or maybe know someone who can help? Yes, we would appreciate knowledgeable input from experts.



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  • sidbee
    06-01 02:59 PM
    Generic lawsuits are not the answer. We should use the above information when we talk to the lawmakes and also use this as rebuttal to the anti's. Lets focus on recapture, venting is not going to help, lawsuits will only help make the lawyers richer(just look at the houses and cars of immigration lawyers ;))

    SSA depends on different countries. People from Mexico and Sweden for example will not have this issue. India does not have a treaty with the US.


    I do not agree ,
    They should not deduct SS/Medicare taxes, If i am not eligible for it.

    So basically you pay for a CAR , and you dont get the delivery.. What do you do??

    We have been trying for the recapture. And i see no success, or even close to sucess.
    A good lawyer, can prove that the country quota is a racial discrimination or is unconstiitutional.

    I may be wrong , and this is just my opinion.





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  • diptam
    02-13 09:05 AM
    Nothing to demean you Hopeful GC or any particular individual but this so called community that we are dealing with has none of the above characteristics to go for a CA Lawsuit... The coward and sleeping community wants everyone else to do or facilitate things for themselves. I had first hand experience during SEP 18th rally about the spines , guts , nerves and overall heart of this community when i approached educated ,well-informed ,highskilled peoples for attending the rally and what reply i got. Some of them even had the audacity to call up my family and tell bad things about me ( just because i requested them to wake up for a Rally for THEMSELVES )

    CA Lawsuit with Cowards , selfish , heartless - never ever possible...:mad: But i appreciate and support your idea on a Personal level and willing to put a money contribution if the lawyer finds a prospective ground of but we have to bite and swallow the hard reality , you know :(

    Clear up your mind for a little while and consider this:
    The whole working world lives by on one simple rule ..... GETTING PEOPLE OFF YOUR BACK. The bigger PITA (pain-in-the-ass) you are... the higher is the priority you get ..........

    USCIS says EBs are retrogressed because there are XXXXX people in the queue. Why is the queue so long? Because they wasted numbers in the past and kept the queue long. This is pure operational inefficiency that is resulting in monetary, emotional and mental loss to about a million people.
    This is a valid ground for a class action lawsuit.

    By filing this suit, we will become the "cactii in the colon" that they will have to address. And you know what the easy out of court settlement will be..... RECAPTURE! We will keep lobbying and crying as we usually do.. But this thing has a far better shot than anything else.



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  • amoljak
    07-26 11:09 PM
    I was approached by a Quixtar "Business Owner" in Ikea. I had fallen in their trap once before and had to listen to the whole business plan and how I was wasting my life working for someone else etc. etc.

    He used his signature opening line: Are you Indian?
    I replied: NO

    Poor fellow didn't know what to say next.





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  • grupak
    12-14 05:05 PM
    Simple. If it wasn't for that ceiling the vast majority of the visas will go to applicants from the oversubscribed countries. Now this is not a bad thing if the visas are in unlimited supply. But since that's not the case, the country ceiling ensures that even people from smaller nations will get an equal oportunity to claim a visa before all the visa are grabbed by their BIG brothers and sisters. And what's more what ever is left is given back to the oversubscribed countries.

    How can you call that unfair? Is it fair to deprive a person from a smaller country, equal chance to have go at his GC?

    Country quota for family based immigration prevents giving any nationality a head start in cornering all the GC for themselves. And country quota to promote diversity makes sense because the basis of GC is family ties.

    Employment based GC is based on employer filing for GC. Skilled people can come from all over the globe. The basis is skill. Even without a country quota, a small country with educated and skilled workers are not at any disadvantage compared to a large country with poorly trained workers. So, I do not understand your argument how the BIG countries are going to monopolize employment based GC. No nationality has a birth claim on skill. We are here because of our skills not our nationality.

    Let us not repeat the arguments of anti-immigrant restrictionist groups like PG.



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  • chi_shark
    01-25 03:06 PM
    so you are saying your benefits are not worth $12000? Then whose mistake is it that you parted with it?

    From the day I came to this country , I have spent around $12,000 on immigration including H1-Bs, filing GC, APs, EADs extra. Not to mention the traveling for visa stamps and whole other shit load of expenses. I guess most of people who paid for filing GC did spent same amount of money.

    Hell ya, Some one got to be benefiting from my $12000.





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  • GCBy3000
    11-09 10:11 AM
    Well said. These kind of feelings are general for human beings. But thinking and worrying about any problem is not going to fetch you anything. If anyone has problem, then they have to start thinking about a solution. This is help them to overcome the the real problem. Thinking and worrying about it will make the problem wrost.

    Every human being is having two virtual circles in his entire life. The inner circle is circle of influence on which you have full control and outer one is circle of concern on which you dont have any control. You cannot change the weather(outer circle). Worrying about how cold or hot is not going to help you, but you can wear adequate clothing(inner circle with your control) to over come it.

    So think what you can do with what you have in your control. This will bring peace and happiness in your life and eventually will enable you to overcome big issues in simple way.

    Ok now for BASHERS: IF YOU DONT LIKE, PLS IGNORE IT. I should add this in my signature.

    This discussion can go on and on. Here is my take.

    * US is one of the countries people are flocking into. Even lots of people from UK, Australia and Canada come here to settle.
    * Given this, whenever there are opportunities to lure people in, there will be takers and people who sell (like preapproved labor). If USCIS puts a stop on preapproved labor, then there will be other avenues to take advantage of.

    You may have others in your field/company who are less-educated than you, younger than you and earning more than you, so can you lose sleep over it? No! It is part of life.

    Just focus your energies on IV and its adoption. :)



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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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  • eb3retro
    07-26 10:39 PM
    arkbird, I cant help but LOL on your post. Thank you, you made my day. Good response.

    Here is one potential answer...

    Yes, you will retire at 40 because no self-respecting person will come near you let alone hire you so I guess you will have to retire and that $xxxx/per month, please feel free to replace it with disability (of course mental!) benefits from your state! ;)

    ArkBird

    I am not with Amway or Quixtar but I think the folks with Amway/Quixtar are under represented on this thread and it's not fair :-)

    Just to add another dimention to this thread I will play the devil's advocate :D

    Here I go ...

    You guys are all wasting your free time bitching on this thread where as we are spending all our free time growing our business. We will retire early as we would make $xxxx/month for nothing when we turn 40 and dont need to work anymore where as all you guys bitching about Amway / Quixtar will still be working hard at your jobs till 60.

    What's your response ?

    :D:D:D:D



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  • fairman
    08-15 10:47 PM
    I believe visitors get finger printed and photographed . Isn't that in the system ?
    If they felt suspicious on this 'khan' they should have pulled the records from computer .
    Dealing with USCIS ( and the service center Information Officers ) , they are either arrogrant or idiots. They also hate computers.





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  • dealsnet
    05-13 10:21 AM
    Both Tamils and Singalese are our people. They migrated to Lanka about 2-3 thousand years back. Now the fighting is for stamping authority to rule one over the other.
    2000 years back most of the south India speaks Tamil/Dravidian language. Malayalam is a new language made from Sanskrit and Tamil.

    No one is sure who migrated to Lanka first. Tamils are still in India, so poeple think they migrated and now making a fight with the foreign country. It is wrong. See the links below to see the Singalese miration details.

    I am not a Tamil or Singalese. We cannot say Tamils went to Lanka and asking for homeland. The truth is both Tamils and Singalese migrated from India. May be Tamils went to Lanka before the Singalese. LTTE is a terrorist organization, but it gained popularity because of Singalese neglect of Tamils. I don't think the problem can be resolve through military means. The war will change from conventional to gorrilla within this year.
    Only political solution can bring peace.
    Read these historical facts about the singala migration.
    http://www.lankalibrary.com/books/sinhala_history.htm

    http://www.sinhaya.com/begining.htm
    http://www.country-data.com/cgi-bin/query/r-13173.html



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  • newuser
    09-23 09:15 PM
    E-mailed everyone on the list. Only one bounced ID.





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  • krishmunn
    07-27 03:23 PM
    Oh yeahhh..."1099-int" was a rhetorical statement as you mentioned it.
    Don't worry I have already done my homework with law offices or CIS, as I had to show all incomes during interviews. Keep on squeaking.

    Good to know that a EB 3 spot will soon be freed up when you are deported for your "unauthorized work". I now really wish more people (even EB2) join Amway . We might not need a CIR after all :)



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  • angelfire76
    05-29 09:19 PM
    http://www.foreignlaborcert.doleta.gov/pdf/fraud_faqs_07-13-07.pdf


    Specifically this provision applies to Cognizant

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

    Yeah but EB1 does not even need labor certification. So you can't apply the willful misrepresentation. What we can apply willful misrepresentation is in the 140. Also since EB1 is current , these guys also apply 485 at the same time and get EAD and AP.





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  • ivar
    06-15 05:55 PM
    Ivar and group,

    I think you guys are missing the plot here. Let me reiterate loud and clear. I am NOT against immigrants getting GC. I will not, even in my wildest dreams, claim that the recession is due to the H1Bs and L1s. That is complete baloney spread around by the anti immigrant lobby. My point is let the deserving the GCs soon and not go thru the mindless wait I went thru.

    Having said that I am for the following :

    1. If the outsourcing companies would pay on an avg at 80K per head for the "well qualified" people, I am even ok with their dumping their dumping the L1s here. Why is it that you guys are ok with the L1s being dumped at 40K-60K salaries ? Shuldn't they get paid high too ? This is what I am arguing for. If the outsourcing cos dont want to pay this rate, then keep them in the country of origin. No need to depress wages here. Is this a wrong thing to ask ?

    2. Grassley's bill may force some companies to move entirely to India or China. Isnt that good for India and China ? Why are the pro immigrants against this ? Some times I get the feeling as to who actually is pro and who is anti immigrant !!!! In adition, it may eliminate the many backlogs and help the deserving people here.

    3. People who have made a conscious decision to immigrate here have done so considering the standard of living as one of the primary factors in their decisions. In order to enjoy this standard of living, people have to constantly upgrade skillsets to remain competitive in an industry or move to another industry where mass interest is relatively low. Why should these people's lives, after all the travails, be impacted by the low wage scum outsourcing companies. Please remember these companies, like an other company on earth, operate only on self interest. No point in supporting such companies which in adition to the self interest principle also flout rules with abandon.

    4. In my opinion, self interest has alwyas resulted in the greater good of society. Do not confuse self interest with greed. Greed is what caused this financial mess. If people/companies operated with concern for greater societal good, they would have spent billions in concocting an AIDS vaccine for the children in Africa than to spend the same billions in concocting VIAGRA for the rich old men. Since employment based immigration debate involves companies' interests too, we have to balance societal good with some impact for the companies. My suggestion here is that let the outsourcers take the hit. They have always benefitted by flouting the rules. If your concern is way too high for your L1 brothers then you would find it prudent to bring in the law that clearly states "Pay high wages for the L1s or dont bring them in here". I dont understand what is wrong here ? Is it that I didnt convey my message across right or is it that people blindly support immigration ?


    As i said earlier i agree with you on few points but not all. I have an idea how L1s have been misused to bring in cheap labor but we can't blame them, its the system what allows them to do so. I am not blindly supporting L1s here but its simple demand supply ratio. When i started my engineering in india everyone use to opt for Mechanical engineering which was in great demand those days, its a cycle, Mechanical went down and later IT surged so believe me we are also in this cycle.. some day IT demand will also fade and there will be very limited opportunities available and there will be huge supply of IT engineers (ofcourse highly skilled and talented). The end result is lower wages. People starting their careers NOW should focus in future and what will be the next sector for great job opportunities rather than follow the crowd. We are almost half way through our career, some still have the energy and enthusiasm to upgrade or totally opt for a new career, while some stick to the same old thing.. its a choice we make and the result we get based on our choices.

    Standard of living ofcourse matters and is one of the important factor for coming to US but this has gone down recently not due to IT workers but due to US economy which shrinked at such great pace and trillions of debt US is carrying with it.. it had to happen as i said earlier there are lot of factors contributed for bringing down the standard of living.

    Lastly as you said the best to get their GC first.. agreed !! now how will you determine who are the best of the best.. points system?? or create more Employment based visa categories like EB1.1 for rocket scientist, EB 1.2 for PHd with 10 years and so on.. and do you think immigration system will get into this minute details. There are already three categories EB1 for best of the best followed by EB2 and EB3 and so on..(thats how US immigration does it). that doesn't mean EB3 are less talented people than EB2.. it is the circumstances you face while filing your GC. The problem is who will use the scale to check who deserves GC first and how they will judge who needs GC first based on what factors, protectionist attitude is not the solution and never going to help.. I hope i make my point.





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  • eastindia
    01-19 10:08 AM
    Question to everyone criticizing consulting companies

    If you have a choice to have a EB3 2001 PD/EB2 2003 PD substitute labor from a consulting company, what will you do?

    Will you not want to contact them and file your greencard through them?

    So stop this bullshit about criticizing consulting companies. There are real human beings working in this those companies. Just because you do not work in consulting companies does not give you any right to post negative about them.





    villamonte6100
    12-14 02:22 PM
    I still dont see any discrimination on the existing laws. The number of visas divided equally to all countries.


    If no one (including the Govt.) is allowed to discriminate based on national origin then how can the Govt. discriminate on EB Emigration based on national origin ?

    I think this is a fair question and most Americans in my work place agree with me. I don't know if we will win the case or not but if we win we can get

    1) Removal of country based quotas
    2) recapture of Visa's lost due to country based quotas

    If we lose the case we will at least get more attention of the national media, it's up to us how we manage the media attention and have a positive effect on the popularity of our cause.

    IMHO taking the opinion of the best attorney on constitutional law can not hurt. :)





    BharatPremi
    12-13 02:07 PM
    Discrimination in employment based on nationality is not allowed. However, can we extend the argument to the employment based immigration? We can always choose to take that promotion though we will lose our place in the queue.

    Leaving the question of fairness aside, under the current legal framework my guess is we do not have a case.

    Then fight for changing that constitutinality. Who made it? Why did they make it the way the made it? Slavery was supported legally way back.. If black community might have thought " They do not have a case" as somebody has created the constitution to suit their own need and "within the framework of that legality" "they do not have a case"... then still we may be seeing slaves around.

    I understand your point that we are not yet "citizens"... but for many fair practices society must not differentiate.



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