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Monday, August 8, 2011

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  • saileshdude
    05-29 09:26 AM
    As far as i can tell, the main issue is that there are not enough visas for Indian applicants. The possible EB1 misuse is a sideshow.

    Currently, the EB2-I wait time is 20+ years. Even if there are no EB1 applications the wait time would reduce to 10+ years. EB3-I wait time is probably more than the life span of most individuals.

    It is major contributing factor to Eb2 and eventually EB3 retrogression. And something needs to be done to make sure that so called project managers from these IT firms from India are not able to apply in this category.





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  • la6470
    01-16 02:41 PM
    THIS IS BIG AS 30-40% OF PEOPLE WHO WORK IN THIS CONTRY ARE RENDERING SOME KIND OF CONSULTING SERVICE TO THE CLIENTS. ALL DESI CONSULTANTS ARE DOOMED FOR GOOD.
    ALSO TO BE CLEAR, THIS DOES NOT IMPACT ANY EXISTING H1-Bs THAT ARE ALREADY APPROVED BUT THE EXTENSIONS AND NEW FILINGS. THIS IS A BUMMER.

    Now the question of this memo being is good or bad is debatable but it surely does get rid of body shoppers for good.
    Edison, NJ is going to be a ghost town.

    How else is a consulting company supposed to work - if they do not send their consultants to client site? Consulting is not always a one month affair - all IT organizations need long term consulting on permanent basis from subject matter experts. Again I know for sure that this is a misguided memo from some folks in USCIS who has no practical understanding of the complexity of modern IT organizations.





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  • roseball
    06-28 06:35 PM
    My lawfirm just sent everyone an official memo stating the possibility of retrogression sometime in July and that they are working overtime to get all the cases filed at the earliest...They are saying that there is no guarantee that the 485 application will be accepted if DOS decides to retrogress dates in July....





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  • cmfirst
    07-13 01:01 PM
    Congratulations on a wise move. Those who adapt to changing circiumstance inherit victory, ALWAYS. All the best!



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  • reddymjm
    09-23 03:42 PM
    Markus.Rose@mail.house.gov,
    Committee@mail.house.gov,
    Larry.Lavender@mail.house.gov,
    Philip.Swartzfager@mail.house.gov,
    Dave.Oxner@mail.house.gov,
    Michael.Staley@mail.house.gov,
    Scott_Hoeflich@Specter.senate.gov,
    Thomas_Dower@Specter.senate.gov,
    Lisa_Owings@Specter.senate.gov,
    Matt_Kelly@Specter.senate.gov,
    Sheryl_Cohen@Dodd.senate.gov,
    Rebecca_Freedman@Dodd.senate.gov,
    Jim_Fenton@Dodd.senate.gov,
    Patrick_Grant@Dodd.senate.gov,
    Lori_McGrogan@Dodd.senate.gov,
    Alex_Sternhell@Dodd.senate.gov,
    Laura_Friedel@Shelby.senate.gov,
    Emily_Titlow@Shelby.senate.gov

    Chad_Davis@Shelby.senate.gov,
    Peter_Olson@Cornyn.senate.gov,
    Beth_Jafari@Cornyn.senate.gov,
    Reed_O'Connor@Cornyn.senate.gov,
    Cynthia.Martin@mail.house.gov,
    Matt.Thome@mail.house.gov,
    Melody.Light@mail.house.gov,
    Ed_Pagano@Leahy.senate.gov,
    John_Dowd@Leahy.senate.gov,
    Bruce_Cohen@Leahy.senate.gov,
    Bill_Yeomans@Kennedy.senate.gov,
    Carey_Parker@Kennedy.senate.gov,
    Eric_Mogilnicki@Kennedy.senate.gov,
    Stacey.Leavandosky@mail.house.gov,
    Erik.Stallman@mail.house.gov





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  • Lasantha
    02-15 03:08 PM
    Excellent point brother!

    Human nature is what tends to create the monopoly. That's the reason for having laws, we know favorism will always exist but a law would prevent it from going over the limit. The way you want it we'll have whites-only-business, asians-only-business and so on..
    When you are tired of this discussion you should ask to stop the ones who started it saying their people are better and brighter than others and hence deserve larger immigration volume, before you ask to stop the people who answer them.



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  • a.j.2048
    03-27 01:04 PM
    I suspect there will be better leaders from the generation born after 1947. The next rung of leadership like Mayawati, Modi, Nitish Kumar, Shivraj Chauhan are all born after independence.





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  • fide_champ
    08-17 12:10 PM
    These morons never learn lessons. He is insulting him self by bitching about it....the Officers are just doing their job to verify their system... Can you imagine that a foreigner coming to India might have to go through ordeal if Indian Official suspects that he is a terrorist just because his records show....He should not forget that US has such system to verify and let him go.... where is SRK and others showing some passion when similar thing happen to President Abul Kalam? where is SRK and others showing some passion when bombings happened and innocent people get killed time and time again in India. Did he called for such system in India??? Where is SRK and others showing some passion that we need to improve Education System so that we can be proud of as Indians again? These guys thinks every thing for me nothing for others. They got all the money in the world they want.. now what?? how much is enough for these guys....People like him should learn life lessons like this and try to change Indian peoples life so that they get respect around the world. I think that is better for all of us. As Indians we should teach them or remind them when they forget those values.

    let's focus our discussion on the immigration system only. There are many policy holes in the indian system which might take ages to fix but i think one day we will get there. let's remember that our country india is only 62 years old.

    I wonder how come they ignored all other details and went only by the last name alone while interrogating SRK. it's a little strange and they are not telling us something here.



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  • mbartosik
    12-13 07:16 PM
    As you use the phrase Check Mate....

    Chess is all about thinking strategically several moves ahead.
    Given the current political climate on immigration I think that we will be in a check mate position (on the loosing end) if we pursue that road.

    The anti's would be all over us as soon as we filed in federal district court probably even before a hearing, and definitely after a hearing. If we lost in lower courts the Supreme Court would probably refuse to hear the appeal, in the mean time we'd have just stirred up the anti's hornets nest against us, just as much if not worse than against the illegals.

    Asking Congress to make small changes in the existing laws annoys the anti's. Telling them or forcing them to wholesale rewrite their laws would make us public enemy #1. We would be lucky to have more than a handful of law makers willing to stand up for us. It would kill off all lobbying ability.

    Think of lobbying as polite negotiation.
    Think of Supreme court case as picking a fist fight, in which we are badly out numbered.
    Once you have started a fist fight it is much harder to negotiate, especially from a loosing position.


    I would rather negotiate than fight, I would rather lobby than court challenge.

    So yes, check mate, if we follow this route.
    Alternatively, a British phase: Royally screwed!





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  • a.j.2048
    03-27 01:04 PM
    I suspect there will be better leaders from the generation born after 1947. The next rung of leadership like Mayawati, Modi, Nitish Kumar, Shivraj Chauhan are all born after independence.



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  • gc_check
    01-13 10:33 PM
    The memo certainly appears to make life a lot difficult for genuine LEGAL non-immigrants and future immigrants taking the EB route. No questions, there were many mistakes made in the past, by the so called "Consulting Company's and also the employees/non-immigrants themselves, who willing joined hands with these greedy companies for their own benefits, (Ex. --> Converting H4 -> H1 through the so called startup's, etc.. with false experience, etc) are the cause for all this in a way. USCIS should have a better way to punish these folks, but still they are many many genuine cases, people who have come with real experience from their home countries, people graduated from US Universities and then pursed their career here, etc... should be considered when drafting memo's like this. These people, I am sure are a large percentage here and should not be punished for following every single law and trying to make life better for them and for all. Also, it they make it so difficult for people to come here /work, Well, at least IT/ Software sector is not in the early days any more and this is well matured and BRIC countries have more qualified people getting out of colleges and more experienced people, going back, will do more good for business's already looking to outsource and this would promote more outsourcing and eventually work against the better interest of the citizens.





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  • NolaIndian32
    02-13 11:09 AM
    What is ROW and POW, please? I have seen both used in several posts (I am hoping POW is not Prisoner of War:)) Still learning the immigration lingo!



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  • richana
    07-30 06:59 PM
    Thanks Thampi, people let us post some more avoidance techniques to be used subtle or not, this is a scourge we need to get rid of.





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  • unitednations
    02-14 08:46 PM
    I'm sorry, I haven't monitored the web-site since my last posting.

    Today reality hit me very hard. I am in my late thirties and I haven't had much adversity in my life regarding financial, career, family, etc.

    However; today reality really hit me hard.

    One gentlemen, his name was Raja Pitchai. He had asked me to help him file his I-140 and ask for cross chargeability to his wife's place of birth (singapore). USCIS accepted his package and his 140 got approved in a couple of months. (his priority date; india became available one month later anyways (he was from india eb2).

    He was the one of the nicest guys I have talked to. Very courteous fellow.

    They couldn't approve his case because he was stuck in name check. Well, his wife called me today and told me that he passed away last week (brain tumor). He had two U.S. citizen children but him and his wife have no relatives here.

    She doesn't seem to be interested to stay here (she wouldn't be able to keep the greencard process going anyways because the death of the petitioner is automatic denial). She is leaving USA and was going through all the things she needs to wind up. I don't know if she would have stayed here if she got the greencard and I didn't want to task. Reality really him home today.

    I need a couple of days to get over this.



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  • pappu
    07-04 12:12 PM
    Thanks you everyone and taking a lead on this thread. we must try to get a lot of media coverage on this issue.





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  • GCwaitforever
    02-14 01:13 PM
    "Another aspect of the present misconduct relates to the agency's failure to fulfill a statutory duty. The INS has a statutory obligation to issue visas to qualified applicants to the full extent of the annual quota limits established by Congress. 6 The legislative history of the Immigration & Naturalization Act indicates that this duty has not been left to agency discretion, see S.Rep. No. 748, 89th Cong., 1st Sess. reprinted in (1965) U.S.Code Cong. & [*39] Ad.News, pp. 3328, 3337-38, but is obligatory upon the agency. "

    Encouraging precedent for the law suit. Excellent.



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  • dilipcr
    06-11 08:50 PM
    Makes sense now. Peace.

    Now to prove my point that we had all of today's similar issues then. Here is my after GC post.

    http://forums.immigration.com/showthread.php?t=84252

    I hope you people wouldn't simply jump to a conclusion that I was lucky. I went through all the travails of layoffs, GC backlogs etc.

    Peace !!





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  • srkamath
    07-25 09:54 PM
    Are you sure about # 3?

    The annual limits are 140000+FB, the FB spillover number are available during the first quarter itself. So it is possible for DOS to estimate the annual limit very early in the year, it seems unlikely that they will wait till the last quarter.


    .....
    3. At least 20,000 if not more FB spill over is available and has not been applied to this year's count.[/B]





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  • garybanz
    02-15 10:32 AM
    Cyrus Mehta would be a very good attorney to consult on this matter, check out http://www.cyrusmehta.com/ for his details.

    I had contacted him earlier about the possibility of a class action against per country limits, he gave me a free consultation and basically told me why i did not have a case.





    sameer2730
    06-16 02:14 PM
    Guys,

    Please stop responding to Dilip. He is feeding of our frustrations. If he was still retrogressed he would be singing a different tune but never mind. Every response we give him makes him feel pleasure at our plight. To tell you the truth our plight is not bad. We just like to think it is. We have AC21 option. Remember when you could not file I485 how much you coveted that one option. If the employer withdraws I-140 and we have to file MTR so be it. People come out of it unscathed. It is still a low probability event. Take the bull by the horns and you will come out stronger. Even when you get your GC life's problems will not go away. We still have to fight for a better job, better pay, better quality of living and then we will not have the excuses we have now (Thats how Dilips of the USA are made).

    So lets take pride in ourself, use our options wisely and ignore people like Dilip. He is just pampering him shattered pride by telling himself we cannot get the salary he wants due to H1b , outsourcing .... . He is not worth it.





    GC_SUCK
    10-17 01:56 PM
    I am finally moving to canada in 2-3 months. Deadline for landing is March 3rd 2007.

    I am done with US Green Card and can not take this stress any more. Starting to sell my house and other stuff soon.



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