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  • wandmaker
    06-02 08:16 AM
    Since all the reps are from California, Is this only for California members?

    If not, let me know and I will get on the horn as soon as I can (probably not possible today, maybe tomorrow).

    Please call - they may ask you to contact the local rep; just tell them you have already contacted, it should be fine.





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  • RandyK
    11-06 12:41 PM
    Positive or negative we need to know what is going on out there, this visa deal has made me a geek (no offence), I watch CSPAN when Monday night football is on.

    :rolleyes:





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  • carbon
    09-13 02:42 PM
    I think we should gather hundreds of thousands of people on H1B and waiting for greencard and rally together in Washington DC. Numbers does matter.

    I don't believe American politicians ONLY care about Americans and nothing else, If that is true how can you explain amnesties given in the past !!





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  • gc_chahiye
    11-02 04:45 PM
    Do we really believe there aren't enough Americans to handle IT work in America?


    yes. I honestly do. Having been through multiple recruitment attempts, at three different companies, in the bay area of all places: there are simply not enough qualified/interested american citizens available.


    H-1b is not cheap labor. American companies prefer to hire H-1bs with US master's degrees or with substantial amounts of US experience. When they do hire foreigners, they do not discriminate against them by paying them lesser.

    H-1bs are abused by desi vendors and the like who take advantage of the indenturing nature of the visa and also on the naivety of "fresh off the boat" people who newly arrive into the US and are unfamilar with US economy. They are starry eyed, still busy converting each dollar into their local currency and feeling happy they are earning relatively more and dreaming about paying off their EMIs back home, sooner. It takes quite a few months for them to settle down and understand US dynamics.


    I agree.


    Lastly, we should not confuse the need for H-1bs as equal to the need for GC holders. Take the example of middle eastern countries. They use foreign labor, but they never grant them permanent status. That way, they do not get stuck with them in the event of a downturn. American could have chosen to follow a similar model. Use H-1b temps when necessary and send them out when they are expendable. They have no reaons to hand out GCs, like I said earlier. The benefit is all ours.

    good point. However unlike the kind of work being done in the middle-east, there are a ton of companies in the US founded or co-founded by immigrants. There is a reason this place is called the land of immigrants. Handing out GCs gives these people options to start companies and many many of them do. this creates jobs, creates more intellectual capital, all within the US. In 6 years if you make a cook in Dubai leave and go back to Kerala (just picking a typical example) he is not going to do anything to compete with Dubai. You make these H1-Bs who have spent 6 years here (working on various products, technologies, ramping up, understanding customers, relationships etc) go back, they are going to start companies in India. Now all the capital stays out there. The same 5 products that could have been built in the US and sold to lots of companies abroad, will now have to be bought by the US.

    If there is any kind of immigration that I think the US does not gain much from, its the diversity lottery and to an extend the chain migration that comes from family based immigration. EB immigration is a BIG win for the US economy.



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  • desi3933
    08-19 02:54 PM
    ........
    ........
    So a citizen can really help. Please make your contact details available, so that when emergency arises, you can help them by contacting the congressman or senators.


    Thanks so much for the suggestion. How can I have my contact details available without posting it on Public Forum?

    Meantime, please contact me thru PM, if I can be any help.





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  • Sreeshankar
    05-01 04:11 PM
    I had soft LUD ON 1-485 primary application yesterday and today

    Please could you people kindly post which service center is it - TSC or NSC ?
    Thank you very much.
    Sree



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  • gc28262
    01-28 04:39 PM
    I didn't find where in the PDF AILA is saying the definition is illegal!

    They provide one example a court ruling where the EE definition was established in the case of an insurance agent. But such an issue has already been address by the EE memo by USCIS (Temporary/Occasional Off-Site Employment).

    Is it your own interpretation that the EE definition in the memo is illegal or did you read it somewhere in AILA's response?

    AILA Memo (http://www.laborimmigration.com/wp-content/uploads/2010/01/AILA-Memo-Seeking-Revokation-of-Neufeld-Memorandum.pdf)
    Page 3
    The AAO�s analysis contained in non-precedent decisions but cited repeatedly by adjudicators to justify RFEs, NOIDs and Denials -- and now expressed in the AFM revisions regarding H-1B petitions -- begins with the proposition that the beneficiary in any employment-based nonimmigrant or immigrant petition must be an �employee� of the petitioning employer. The AAO then notes that the term �employee� is not clearly defined anywhere in the INA and concludes that absent such a definition, under Darden and Clackamas, it must look to the common law definition of employee to determine who is and is not eligible for employment-based benefits under the INA.2 While the common law definition employs a multi-factor test, the AAO and subsequent adjudications, and the Neufeld Memorandum, have focused almost exclusively on one element: control.
    AILA memo deals with multiple issues in the memo, not just consulting company scenario. (L1, Self sponsoring employee etc) Hence we can get lost while reading the memo. Central to the argument is "Common Law" that AILA hasn't gone in depth.

    desi3933,

    Please refer AILA memo (http://www.laborimmigration.com/wp-content/uploads/2010/01/AILA-Memo-Seeking-Revokation-of-Neufeld-Memorandum.pdf) as they have already detailed the law points in it.
    Also you seem to be quoting USCIS documents. If USCIS was clear about the law, they wouldn't have issued this memo in the first place. If USCIS memo contradicts INA, INA prevails.





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  • vin13
    03-11 12:19 PM
    It reminds me this story every time I visit IV.

    Workers working with an export company which use to ship chickens from all over the world to US/Europe, were packing chickens from some Indian port. Each box was having some 50-70 chickens in it .

    After loading them in, they were about to cover these boxes with the tops. The leader shouts to workers: " No need to put the tops. They wouldn't go any where "

    Surprised with this order, one worker asks the leader 'Why'. The leader says : " These are Indian chickens. IF one tries to escape, other will pull its leg."

    Good One :D

    We should concentrate on taking actions. I believe taking a small step in action is better than talking big.



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  • virald
    11-13 10:43 AM
    Although we cite the cost savings (from renewal of EAD) most people if not all who prefer to keep H1 status will definitely renew their EAD/AP just to be safe. On the AP case, I got 3 copies of multiple entry APs. My attorney told me to make copies of it and give only copies at the POE and point out that it is a multiple entry document if the officer wants to keep the original, so that the original stays with you.


    This is interesting. I am trying to understand the reason why we should give copies. If you have three copies, and at POE they take one and return two, how does that harm you. I mean what is the point of keeping all three if there eligibility is 1 year and you don't expect to go out of the country a second time.





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  • santiwar
    12-13 06:05 PM
    I saw the poll in the morning and voted FOR making this a paid site, but going through the discussions and a little bit of soul searching (slow day at work :p) i am a bit wary about making it a paid site now.

    As much as i would like to see the riff-raff (pardon the expression) go away, maybe we should be more inclusive then exclusive (?). Not everyone is an early adoptor, it took me a while to contribute as well, but i did eventually turn around and contributed the lil bit i could.

    Thats just my take, and excuse the rather altruistic title of my post.



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  • trueguy
    11-04 12:59 PM
    Feb 2003!

    I feel this is too small a specimen to predict anything but so far about 25% are Jun 2003 or older...

    Below is purely my speculation!

    Assuming there are 400k applications pending (may be a bad assumption) > so about 100k with PD's Jun 2003 or less...

    10k per year allotted so 10 years to reach June 2003 :confused:

    I hope my calcs are wrong! God Bless us!


    Guys: This is just for EB3-India category.





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  • Mr. Brown
    05-14 02:18 PM
    Well ... I could partially agree to your rant. While I understand your point of view it is not justified on your part to generalize all posters into one category. You should have been more specific about what kind of posts (and even posters if you wish) frustrate you.

    In my view your words "Get a life" certainly applies to the following set of people (in that particular order):


    Those who say they are awaiting their GC to plan their lives (get married, have kids, buy a house etc.) I am married with a kid and bought a house and all I have is a I-140 approval (Not applied for I-485 yet). So what happens if I loose my job? I will make an honest effort to find one and if I fail I'll sell my house and go back to India. I am prepared both mentally and somewhat financially too. As much as I want to live in the USA it is common sense that I always have a solid back up plan to go back if need be.

    Those who come here whining about their I-485 getting rejected and don't have a back up plan. Seriously, how many times must you get jacked before you realize that USCIS is not dependable? How the heck can one plan their life around it? One must realize that GC is just a small part of your life and not your life itself. Get your priorities straight.

    Those who say that laws are racist. Hilarious! BTW racism is not one way (like the Whites out here want you to think) so beware of what you say unless you don't mind getting sued.

    Those who build up their hopes with predictions on the next visa bulletin and go emotionally crazy when the hopes crash with the release of that bulletin. I mean c'mon ... flower campaigns? hunger strikes? Are you that naive to think it worked the first time? This ain't a factory in India and we aren't a group of union workers.


    The above form a very small group of people on this website and that is where the problem lies with your post. You are basically stereotyping all of us into a category formed by a small group of people.

    Anyway, good to know of your Canadian PR success ... good luck!

    To those who fall in the above 4 categories take the time to realize that its all in your head. Be strong and prepared mentally. You've done all you can in an honest way. If things don't work out then so be it. Sometime in the future you will realize that it was all for your own good. Move on in style to your next adventure ... it's waiting for you.




    This might come as a surprise to some of you, but someone needs to say it out loud. GET A LIFE FOLKS!!!! there is more to life then EB, GC and all. it seem all we desi's can think of is how to get a green card so we can live here with peace and never have to worry bout getting laid off or anything.

    Few points:

    1) having gc is a privilege not a right.

    2) US has every right to choose whom they want to have in their country.

    3) If getting PR or citizenship of a western country is the goal there are many countries which have a fair point based system.

    4) Considering the number of fraud's committed by Indian body shoppers and people who use them, i am not surprised USCIS is extra careful when it comes to Indian applications. Anyone who got his wife with no exp with software dev an h1b visa from some cheat in Jersey knows what i am talking bout . My freind got his wife an H1 after showing she knew software testing even though her major was fine arts and all she was good at was web surfing :)

    5) have a back up. i came here in 2001 as student and have seen it all. I am on h1b since 2004. i knew we have too many people whose sole aim in life is a American GC. to avoid becoming one of those who check processing dates first thing in morning, i applied for Canadian PR, got it in 8 months and i am not even gonna bother applying for labor, i-140 and all those precious life controlling documents.

    Wake up friends, you have options. Don't let your life depend on you application status.

    Nitin



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  • Humhongekamyab
    07-03 10:36 AM
    THOSE ARE GOLDEN WORDS.

    Go IV Go.

    Come on folks, lets start the cleansing work - IV is our organization and lets help IV help us.

    Just imagine $220 million as back wages in FY 2007 http://www.dol.gov/esa/whd/statistics/200712.htm
    This is a widespread problem.

    I have gone through the procedure and trust me it is easier than filling out your own tax return or for that matter I-765. All it needs is very basic information about the employer. Moreover when the DOL audits the employer on the basis of a complaint they don't give out the name of the person filing the complaint. They go to the employer's place of employment and tell him to show all the records for all the employees for the last five (I guess) years and if they determine abuse then everybody who was not paid gets his wages.





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  • permfiling
    12-13 11:43 AM
    As there are now many people who are actively posting in the group. Identify and rotate the maintenance of the membership among these members on a weekly basis.





    The ideas are good and in the past we have contemplated having a paid member area on IV site too. However the biggest problem we have is - who will manage it?
    We all have full time jobs and already have our hands full. Adding anything extra to the current workload will be too much work for us.

    Either we hire someone to do it. And to hire we need money. We find it hard to even raise money for Lobbying every other month. There are other important areas like publicity we can look at too if we get more funds. So we cannot hire anyone to manage this.

    Now can someone volunteer for it? Yes but how many people come forward with a commitment in a 25k membership? You can see from the thread
    http://immigrationvoice.org/forum/showthread.php?t=15289
    So if people are not willing to make a commitment and have their spouses to help us from home for this cause, we cannot take our ideas any further. We can only do what our limited time, funds and manpower allows.

    This is a reality and is the reason why we all do not have greencards till now. Solving this greencard issue is not difficult. Its only a matter of gathering enough people and people wanting to make an effort. IV has been around for 2 years now and only 25K people have signed up. We should have had about half million signups by now and millions of dollars to spend on large scale lobbying, media publicity and several initiatives to draw the attention of lawmakers on this issue. That has not yet happened and will not happen until we all indicate how badly we want greencards.



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  • wandmaker
    06-09 03:33 PM
    ^





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  • desi3933
    08-22 01:47 PM
    Here's an anecdote -

    This was back in the late 80s, when I was growing up - in Bangalore.

    India had just lost the Finals of a well fought [field] hockey match to Pakistan. We were all very disappointed by the loss, but it saddened me further to see a victory procession with waving Pakistani flags in the Muslim parts of the City.

    Ofcourse, India is a secular country and more so the United States.. and you can cheer whoever you please..

    But, If you chose to become a US Citizen, and US were in a battle with your country of Origin (let's narrow it down to Sports, to keep it less complicated), which country would you side? If I chose to side with my country of origin, it would make me a hypocrite, wouldn't it ?

    >> which country would you side?
    Without a doubt, USA as I am a US citizen and USA is my country.



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  • gimme Green!!
    07-20 04:24 PM
    You have been busy!!!
    full time job, part time MS, start own company, marriage, 2 kids...

    Are you working for someone else now and your own company is on the side?
    I have wanted to start some business on the side, but thought that was not possible without a GC.

    Can you share your experiences on how you did this?

    Thanks,
    - Another rotter in DBEC..


    Here's what i did. I enrolled myself as a part time student into an accredited college to pursue MS degree as soon as i filed my LC for GC in Feb 2002. This is what i thougt when my GC papers were filed.

    By the time i complete my MS degree, i would have my GC in hand. But i completed my MS degree in Dec'04 while my LC was still rotting in DBEC.

    Finally when LC was approved in Aug'05 and i thought of starting my own company before filing I-140. But i filed my I-140 papers in November 05 and started my company in Jan'06 along with one more partner who has GC.

    My I-140 was approved and at the same time our own company completed our first overseas transaction.

    Now i am waiting to file my I-485. Now i am thinking of doing PMP.

    Note: 3 good things happend in the meantime since feb 2002.
    I got married and i have two kids.





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  • bindas74
    06-11 10:12 PM
    Hi Apple,

    Dont lose hope and dont lose sleep over it. I know it's easy to say...but just hang in there. Everything will be ok. As someone suggested, all you will be losing is at most 10K. Even that, you can transfer to some where else and should not be paying a cent. Why go now itself? Let's suppose that the judgement is not in your favour, may be , after a couple of years. Then you can quit your job and say you are leaving. I dont think they can stop you at that time. And I dont think they can make you work either, if you decided not to take up a job. Then file banktrupcy and go back to your country. Relax for a couple of years and then come back.

    So, all i would suggest is stay calm and let the trial take it's course.

    If you do not want to go through all this stress then as someone suggested , try for an out of court settlement. Tell them all you have is about 2K( take off all the money before that). Then they will know what your position is and might settle for that. Better take an attorney so that this is settled for once and all.
    It's possible that the target might not even be you. There might be some millionaire in one of the other cars.
    That's my 2 cents.

    So, just stay cool man..you are not going to lose anything.

    A proverb comes to my mind:

    "Try pulling a mountain with a hair. If you succeed , you will get the mountain. If you fail, all you have lost is a hair"





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  • franklin
    07-12 11:19 AM
    Hey Sam.....
    The word is out to Santa Clara University Int'nl Students. One concern.... Im getting responses from guys from other nationalities... do we need to worry ?

    Oh don't get me started!

    Immigration Voice is for ALL NATIONALITIES!:D





    ilikekilo
    04-02 11:43 PM
    your profile says that your application is pending with NSC? I was asking about TSC. Please clarify. Anyone else??

    My bad , mine is from NSC...I just chose your post to quote..sorry for hte mix up..





    gsc999
    07-11 02:21 AM
    Im also trying to send it to google,yahoo and juniper... members please step in.

    Is anyone in charge of media coverage?
    --
    Yes, we do have members working on the media contacts. You will see more traction from tomorrow morning.



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