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  • smisachu
    06-16 12:21 AM
    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.

    To be honest, I do agree that the US needs qualified people with skillsets. The real question is "Are the people from the desi consulting companies the real qualified lot ? " Just to get my background details out of the way. I am a new member, from India ofcourse, and I have recently applied for my citizenship. Now with this huge deluge of immigrants, especially from the desi consulting companies, I feel that my quality of life is getting adversely impacted. Do not rush to conclusions that I am anti Indian or anti immigrant. 12 years back when I first got my H1 visa, the requirements to qualify were strict. Staffing companies to a decent extent followed rules and tried to get the best and the brightest. Once the dot com boom started, people from all walks of life entered IT. This was true of not just the Indians but also of people in the US. Soon after the bust, the value proposition from these staffing companies was simply low cost. This is not to blame the staffing companies. They behaved in an economically rational way.

    Consider this scenario. If you run a consulting company, wouldn't you try to maximize your profits by staffing people in projects at the least cost ? This is econmically rational. You wouldn't worry much about the quality of the deliverables and all you would care is to dump as many bodies as possible at the client site or offshore and get the maximum bang for the buck.

    In this scenario, how is it feasible to expect immigrational justice when the bodies themselves dont provide exceptional talent and skills but simply offer low cost ? Now you would be tempted to bring in the analogous case of illegal low skilled immigrants. Remember they are just that - low skilled workers. They dont "steal" the jobs of high skilled workers. But this dumping of IT workforce has completely brought down the standard of living of the IT workers here. To be honest, those who get green cards today would feel the same way five years from now when the next wave of so called "skilled IT immigrants" offer even lower wages and destroy the quality of life.

    In summary, this retrogression is good in a way. The truly best and the brightest would still be employed until their turn for adjournment comes in. Only the weak are currently scared of the delays. I went through the same torrid GC phase after the tech meltdown in 2001. I was not worried of my job then but many people whom I knew got clobbered and were forced to leave. This is the darwinian flush and it will take its toll. Trust me this the bitter truth. If you people still consider that all the people on H1/L1 are part of the best and the brightest, they are WRONG. Only a small % (probably 20%) are the true best and the brightest and a good 50% will be flushed out. Sorry to say this and hey give me the red dots.





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  • mariusp
    02-14 03:41 PM
    Greg Siskind (http://blogs.ilw.com/gregsiskind/) seems to be an IV supporter and numerous times in the past has blogged about IV initiatives and such... Maybe we could ask for his oppinion and see if he thinks we have any chance with this?





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  • meridiani.planum
    07-26 04:29 AM
    OK, OK, easy with the optimism Vdlrao!:)

    Eb India has almost always got more than its statutory limit in the recent past. So to say that the new developments will give us 20 yrs worth of visas is not correct based on the events of recent years.

    good point. AFAIK only once in the last 8 yaers did EB2 India really get limited to ~3k. Every year it has been nearly 10x that number. Its just htat this has all been formalized now by USCIS. There is no sudden 10X change in visa allocation that people will see...





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  • amsgc
    07-18 11:59 PM
    Its all very confusing. We will know more when we get into August.



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  • Wendyzhu77
    06-12 02:26 PM
    Although people from desi consulting companies are generally not the "best", but when compared to the population of those immigrants through family relationship or even lottery, their skill level is still much higher.
    To be honest, I do agree that the US needs qualified people with skillsets. The real question is "Are the people from the desi consulting companies the real qualified lot ? " Just to get my background details out of the way. I am a new member, from India ofcourse, and I have recently applied for my citizenship. Now with this huge deluge of immigrants, especially from the desi consulting companies, I feel that my quality of life is getting adversely impacted. Do not rush to conclusions that I am anti Indian or anti immigrant. 12 years back when I first got my H1 visa, the requirements to qualify were strict. Staffing companies to a decent extent followed rules and tried to get the best and the brightest. Once the dot com boom started, people from all walks of life entered IT. This was true of not just the Indians but also of people in the US. Soon after the bust, the value proposition from these staffing companies was simply low cost. This is not to blame the staffing companies. They behaved in an economically rational way.

    Consider this scenario. If you run a consulting company, wouldn't you try to maximize your profits by staffing people in projects at the least cost ? This is econmically rational. You wouldn't worry much about the quality of the deliverables and all you would care is to dump as many bodies as possible at the client site or offshore and get the maximum bang for the buck.

    In this scenario, how is it feasible to expect immigrational justice when the bodies themselves dont provide exceptional talent and skills but simply offer low cost ? Now you would be tempted to bring in the analogous case of illegal low skilled immigrants. Remember they are just that - low skilled workers. They dont "steal" the jobs of high skilled workers. But this dumping of IT workforce has completely brought down the standard of living of the IT workers here. To be honest, those who get green cards today would feel the same way five years from now when the next wave of so called "skilled IT immigrants" offer even lower wages and destroy the quality of life.

    In summary, this retrogression is good in a way. The truly best and the brightest would still be employed until their turn for adjournment comes in. Only the weak are currently scared of the delays. I went through the same torrid GC phase after the tech meltdown in 2001. I was not worried of my job then but many people whom I knew got clobbered and were forced to leave. This is the darwinian flush and it will take its toll. Trust me this the bitter truth. If you people still consider that all the people on H1/L1 are part of the best and the brightest, they are WRONG. Only a small % (probably 20%) are the true best and the brightest and a good 50% will be flushed out. Sorry to say this and hey give me the red dots.





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  • narendra_modi
    01-15 01:11 PM
    It wont be an issue since you already gor your GC or I-485 filed. I failed to understand still what you are doing here.

    If one filed I-485, isn't employee-employer relationship comes under a questionmark? what if that company is closed ? And if this memo is implemented, most of the GC filing IT Inc. will be shut down sooner and hence will be a big mess..they are the ones who are supporting for their GC.



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  • another one
    09-23 06:17 PM
    few suggestions:

    1. can we add reference to a recent Greenspan wallstreet journal interview in which he said this could be the best immediate solution for increasing home sales.

    http://www.nysun.com/editorials/greenspans-solution/84056/

    2. mention somewhere in proposal that person should be employed with a US corp for something like at least > x years (to make it more real)





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  • EndlessWait
    06-28 03:48 PM
    I heard that Fedex is going on strike in Nebraska in the month of July and will end their strike when retro kicks in?

    Did anyone else hear this?? Can anyone post a valid link to this other than

    OH OH OH OH Mathew site link????

    :D :D :D :D :D
    :D



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  • eeezzz
    07-17 11:35 AM
    I don't agree with your arguement. Spillover can happen in any quarter and you don't need to wait until the last quarter for it to happen. with EB1 and EB2 being current, the spillover into EB2 I and C will start from November/December of 2008 itself
    What makes you so sure the spillover can happen in the first quarter? Is there an example in the last 10 years? You may have forgot Feb. 2008 bulletin. If what you say is true, why it was U for EB2-I on Feb. 2008? No one in USCIS can take the responsibility if the spillover in first quarter causes EB2 RoW with cutoff date later, as they can't predict if there will be enough(or not) applicants to fullfill the quota. Therefore, spillover can only happen at 4th quarter. Unless if there's really mininum of usage, then it may start at 3rd quarter, but I don't think it will ever happen at 1st quarter.

    Here is the Feb 2008 bulletin.
    http://travel.state.gov/visa/frvi/bulletin/bulletin_3925.html
    INDIA EMPLOYMENT SECOND PREFERENCE HAS BECOME “UNAVAILABLE”

    Despite two retrogressions of the India Employment Second preference cut-off date, demand for numbers by CIS Offices for adjustment of status cases has remained extremely high in recent months. As a result the annual limit for the India Employment Second preference category has been reached, and the category has become “unavailable” effective immediately.





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  • akred
    06-12 12:04 PM
    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 !!

    You benefited from ISN (IV predecessor)'s efforts to get AC21 passed with a visa recapture. That visa recapture lifted the retrogression that had set in by 2000. Without that recapture (worth 100K+ visas) it is doubtful your PD would be current today.



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  • english_august
    02-16 08:16 AM
    I totally agree...its Modern day slavery!

    You cannot change employers, you cannot travel if you wish (after you apply for H1 ext, you can't leave US till it is approved, even If you have AP to re-enter!), you can't expect promotions, your spouse can't work on H4, No drivers license in some state, ..... BUT WE PAY ALL TAXES, NO EXCEPTIONS! Is it not Modern day slavery ??

    Using bold letters and big font ain't make it so. I agree that the situation is bad but there is not point in taking unjustifiable pity on yourself. Are you being physically stopped from moving to a different state/country/city? If not, then it is not slavery.

    This the era of high-information availability, and there is enough information available on some of the employers and so called "consultants" on how they treat their employees.





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  • Googler
    02-18 03:17 PM
    Neither of us are lawyers and I wouldn't even bother reading what you wrote. All I can say is, why don't you ask your immigration lawyer about this Class Action. Let's see what he says.

    This is great -- you won't consider facts and evidence, including the fact that judges themselves are recommending class action in similar cases! Forget about considering, you won't even read a post with a different pov... (makes me wonder why you bother with the forum if even reading a post is too much work.)

    My own attorney, as a matter of fact, thinks that a class action makes sense in this instance.

    As lazycis points out, his attorney didn't want him to even file an individual WOM, and it turned out his attorney was absolutely wrong. The mass of evidence in WOM cases and the current Mocanu decision shows that lazycis's attorney (and other let us not disturb/question the status quo attorneys) were wrong. I should remind people again that most of our attorneys are not litigators, they are paper filers -- this dichotomy is true in most other practice areas of the law (eg: antitrust) as well.

    The reason I care about this is -- if people/attorneys make up their minds without considering the facts/legal precedents, then they will not spot and/or work to figure out the legal arguments that will win the day -- the legal arguments eventually used in the WOM cases did not sprout out on day one, it was an iterative process.



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  • H1B-GC
    08-15 09:30 AM
    Seeing Sep 2008 bulletin I felt happy:). I presume in October 2008 bulletin the EB2 India/china Priority dates go back. But its a mild retrogression for a short span of time. After that the dates start catching up current again. EB2 India becoming current is inevitable.

    We need a legilation change for any considerable movement in EB3 India. I am presuming in the next two years there will be considerable changes in EB category immigration which directly relief EB3 India.




    mpadapa has given almost exact count on EB limit for 2008.

    http://immigrationvoice.org/forum/showpost.php?p=265989&postcount=90



    The Earliest Time the Dates for EB2 "might" move up again would be the February Visa Bulletin'09 as USCIS and DOS would Need atleast the 1st Quarter Data(Oct- Dec) to see the Visa Demand for the ROW Category in order for the Horizontal Spillover to India/China.

    Do you Agree Mr.Rao?





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  • acecupid
    07-17 11:25 AM
    Even after seeing Aug �08 bulletin are you still saying that it is just a speculation? If that makes you happy - be happy, but unfortunately horizontal spill-over is the fact now. Let us wait and see whether it is a permanent approach or not.

    Let you be the master of INA law; give me the source where it says differently.

    Read my earlier posts for source. Ofcourse it is speculation if you are thinking EB2 will be current in one year :) I would be more than happy if USCIS did that, but try to think logically than expecting miracles to happen. As you said, its a wait-n-watch for results.



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  • nrk
    09-17 03:07 PM
    Yeah that might be true.
    Assume the spill over happens only in last quarter. Then for the first quarter EB2I will only have 3000/4 = 750 visas. This is equilent to 300 Eb2I applications. We all know that there are atleast 300 applications easily remaining in 2004 itself. If that was the case why didnt the dates retrogress in oct VB as everyone predicted?





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  • mrajatish
    07-11 06:07 PM
    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.
    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?

    This was true in my case at least - my compay worked hard to keep me around when my H1 was expiring.



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  • Picasa
    07-30 02:15 PM
    Are you a Amway leech too?
    Here is a definition of Amway (and psaxena)
    An organism that lives in or on and takes its nourishment from another organism. A Amway leech(and psaxena)cannot live independently.

    Amway (and psaxena) diseases include infections by protozoa, helminths, and arthropods

    Wait a min , how much had you?? Your status is Member and Kaushal's is a Donor.. wait a min let me think who is donating and who is a FREELOADER here.

    The guy is doing something to make his life better, atleast making an attempt to do something better, why do you losers are trying to demotivate and shoot him down.

    No work is small or big , good or bad , work is work.. you wanna do it , just do it , else walk to out. Do not exhibit the desi attitude "I won't do it as what someone will say and also do not let any one else do it." Grow up.





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  • okuzmin
    07-11 07:48 PM
    Another option for future Canadian PR's: you can get a business visa to come to the USA. US consulates give such visas much easier to Canadian PR's rather than to just a citizen of India, China, Russia, etc.

    Yet another option: get a job with a Canadian company that has an office in your native country. You can get a transfer to that office and work in your homeland (or travel back and forth) while still accumulating days/months/years to qualify for Canadian citizenship.





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  • krisganta
    09-04 10:51 AM
    I agree..admin please delete this thread. This has nothing to do with the immigration issues that we are facing.





    newbee7
    07-04 07:45 AM
    Under the section "Why does it hurt?

    Lawyers who charged upwards of $2000 for filing will not refund the service fee, so candidates have to pay again when dates become current in future.

    The biggest loss is the trust, coz, next time people will not believe these mid month bulletins at all as they can come around anytime and revise the dates. So, applicants will always have to live in fear untill they receive the receipt.
    Macacca,

    Fantastic job!

    Can you please add to why does it hurt:

    Many had to take MMR vaccine and hence postpone their plans to have kids by 3-6 months as recommended by NIH.

    For "Spouse can work" we might want to word it such that it just does not look like one job less for Americans. Something like spouse can excersise the freedom to get out of the house and contribute to the emarican economy.





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