Thursday, June 30, 2011

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  • PlainSpeak
    01-14 03:54 PM
    PlainSpeak, go check my posts - I have only addressed your eb discussion issue, and nothing else. (If you decide to answer this post, multi-quote all my posts on this thread - lets see where I have abused you! - I have 4 posts of which one is a repeat)

    If you had thought for a moment and seen that my previous posts got posted twice - you would have realized something amiss, or if you saw my last post you would have realized that it was not edited to remove anything! However, to you everything seems to be "out to get you" mode, and you talk of not attacking personally, and yet here you are!

    Refrain from dragging parents and spouses (which country/era do you think I am living in to have spouses?) into this. If you call for civility, then you got to be civil first!

    I don't know whether you are wasting your time, but I definitely am!

    BTW, if you do not want to go ahead to share the details of making your plans work, in spite of some members asking, what is the point in your continued answers?
    my friend willegtgc i am making an effort to be civil (and you go to be understanding about this). If i am talking in the context of everyone is about to get me that is because i have got so many abuses from 360 degress that it is hard to remember who was nice and non abusive and who was not

    And yes that was spouse not spouses (I am sorry about that spelling mistake) but you did post a message which was a . which was in relation to another members query about whether i am a man/women or something else. Now a . is called a Point which is also a degrotary reference to a person who is neither a man or a women. Now please do not deny it because there is no way you can fight that accusation off. I think if i dig deep down i wil come across other abuses made by you but i regress from the point

    Ok i have officialy got carpel tunnel syndrome.

    If you think you are wasting your time please stop responding to this post. I am up to my neck trying to reply back to you everytime. This is so simple why can you not do it. Do not reply anymore to this post anymore and atleast youwil have a good night sleep

    And do not even think of asking me about my plan. Where the heck do i have the time to write out anything concrete with people like you dissing me from every side. Now some one out here has asked me something similar and when i get time off from people like you (Yes YOU) i will get a chance to work on it and post it next.

    May be this week end will be a very interesting time for a discussion or maybe not. So take my advise my friend.

    If you get what i am saying i woul suggest there be no more posts from you, because beleive me i wil ignore your post. If you have some free time i would suggest you take some time and try to get my negetive count down. It is right now 4000.

    You (Everyone at IV) keep asking new members to beleive in what they are doing and make an effort without looking at the result right? You keep asking me what i did till now for IV. Ok now here is your chance. Think about it.

    PlainSpeak giving and impression of what willegtgc should be thinking instead
    Maybe Maybe Maybe this person was handled in a wrong way. Maybe if i show some kind of respect for the idea and for the person maybe it will make this persons day because maybe this person was speaking sense and maybe this person has the guts to follow up on what was said if given a chance to write something concerete, so maybe i willgetgc will give him a chance...





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  • raysaikat
    07-16 09:03 PM
    This whole thread is speculation, your basic assumption itself is wrong. The horizonal spill over is not a permanent policy or trend which will be practised. You should read the INA law clearly. But if this speculation makes you happy, enjoy! :)

    It is a "permanent" policy. There was no change in the law. USCIS was interpreting the law incorrectly. Now they have corrected themselves with the congressional input. This will not change.

    There could of course be a new law and then things might change.





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  • gc_on_demand
    09-14 03:45 PM
    I was among the very first to predict forward movement of EB2 (8 months back when most of the information available suggested no movement). Looking at September approvals i will see there will be very few cases pending from 2002-2004 for EB2 (those pending will be cleared in next few months since PD will stay current).

    My estimate is that

    EB2-India pending applications with PD older than Dec-2004 no more than 2000.
    EB2 India had used 8000-10000 visa in 2009 (5000-7000 in Sept 2009 alone)


    Holding following assumptions we will see more forward movement in coming months and whole of 2010 fiscal year.

    Slow improvement in economy (fewer new applications from EB2-ROW and EB1)
    PERM applications stay stuck (as they are very few approvals in last 12 months)
    CIS is force to allocate visa every quarter (leading to large spill-over)
    Fewer EB3 to EB2 porting


    CIS has prudently processed most old cases (pending for name-checks) and also pre-adjucated most cases filled in 2007-2008. So if they have visa numbers pending we should see big movment in Dec 2009 Visa Bulletin. This movement could cover all EB2-I 2005 cases in next two quarters (by March 2010). How explained below

    EB2 gets 10K visa each quarter (28.6% of 140,000 divide by 4)
    EB1 gets 10K visa each quarter (28.6% of 140,000 divide by 4)

    Assuming 3k spillover from (EB1/EB4/EB5 to EB2) => EB2 will get 13K visa
    EB2 ROW uses 7K (700 India, 700 China, +5k others) - there are 6K visa to allocated by Dec 2009 and 12K by March 2010 which will be given to EB2-India.

    BEC LCA applicants in 2005 estimate (EB2 India) = 2000 => 4400
    PERM applicants in 2005 (7276 of this 40% are Indian and 60% from EB2 ) -> 1750 LCA
    1100 LCA => 3850 GC

    Total pending I-485 in 2005 (EB2 India) ~ 8000

    This would mean PD will cross 2005 in next 2 quarters. I have pesimetic estimates so it will not surprise me it the dates move more rapidly.


    I think Eb2 india got more than you think... It must be 15k or more from Spill and I do expect that india will get 30k spill this year.which will clear 05, 06 and half or 1st quarter of 2007





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  • snram4
    01-24 05:37 PM
    I am not happy or sad about the memo. If H1b program is tightened or relaxed I will not be impacted anyway. Infact if more Indians are coming here more beneficial for Indian community.Simply my view is if H1b is regulated to minimise fraud the entire H1b program will get become legitimate and Increasing the cap is possible in future if needed

    I am filing a lawsuit. Want to join me ? :cool:

    Please read this
    MurthyDotCom : H1B Memo on Employer-Employee Relationships and 3rd-Party Placements (http://www.murthy.com/news/n_e-erel.html)

    Read the conclusion. I am sure that won't make you happy.



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  • longq
    02-13 02:17 PM
    Further division is not good.

    I was on record that DOS/USCIS misallocated visas in 2005. India received much more in eb3 then what they were entitled to. In fact, India, China, Mexico and Phillipines should have not gone over their 7% as a whole of the 250,000 greencards available. Because of this; dos/uscis learned their lesson and started to follow the law appropriately.

    I did say that if in 2006 any country went above their limit of 7% then it would cause a lawsuit which I would be a part of. However, there would be some negative outcomes from it. UScIS/DOS behaviour could only change going forward. They could revoke the greencards issued in 2005 for people who went over the 7% limit (uscis has upto 5 years to rescind greencard if approved by mistake) but they would not get re-allocated because there is no carryover from one year to the next in the current law. Only outcome would be to change it going forward. As I've said in the past; people were spoiled at the laziness of DOS/USCIS. Retrogression and the visa allocation should have happened a long time ago.

    Again wrong information by you and trying to hide background or historical information. Either USDOS/USCIS has not mismanaged the numbers in 2005. Claiming India and China was given more than they entitled to is wrong . They (DOS) did everything right till 2005. Now only they are violating. One has to study the historical issues before 1999. Before 1999, both India and China (both EB2 and EB3) were retrogressed heavily and backlogged. However ROW was current in all EB catagories. There was no retrogression in ROW. It was always current before 1999.

    For example, here is March 1999 VB

    All Charge-
    ability Areas CHINA-
    Except Those mainland
    Listed born INDIA MEXICO PHILIPPINES
    Employment-
    Based

    1st C 22JAN98 C C C

    2nd C 08SEP96 08SEP97 C C

    3rd C 01JAN95 08FEB96 C C



    As a part of AC21 act in 2000, the unused numbers (about 100,000) were recaptured to eliminate the backlogs in EB categories. The reason was this recapture to remove retrogression in India and China, as because that was only two countries backlogged at that point.

    After that ac21 law, there were additional 100,000 visas available apart from 140,000 visas every year. DOS has given 100,000 additional visas to USCIS in 2000 itself to consume it. Because of USCIS slowness/inefficiency in processing 485s between 1999 and 2004, they even did not have processed the yearly quota. Therefore the recaptured visas were remain unused for 5 years because of USCIS inefficiency. Therefore, at some point, it has to be consumed. Therefore USCIS did backlog elimination drive in 2005 (6 months processing of 485s ) to use all the recaptured visas. The original intension to remove backlogs in India and China. That was done by USCIS. USCIS can not hold that recaptured numbers for ever (by imposing 7% limit in India and China) how the future demands will be in EB3-ROW. Far example, if ROW demands 200,000 EB3 visas in year 2020, USCIS/DOS can not hold that AC21 numbers (that were recaptured in 2000) for ROW to be consumed in 2020, by imposing 7% limit. No one can anticipate future demands.

    Theoretically speaking those numbers belongs (AC21 recaptured numbers came only from EB1 and EB2 pool) belongs to EB1 and EB2 category. EB3 never gave any unused numbers in previous years. Ideally speaking, those numbers should have been issued to EB2 category first to eliminate backlogs in EB2 then only to EB3 ROW. Infact, all the ac21 numbers were used to eliminate retro in EB3 only. In 2005 they issed only 44,000 EB2 compare to about 150,000 visas in EB3. This is big injustice to EB2 India and China.

    Bottom line is EB3-ROW is enjoying with the expense of EB2 India and China.





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  • retropain
    08-03 03:35 PM
    don't even think about it. It is grossly unfair to people whove been waiting in line for years.

    I don't mind substituion per se as long as people get new priority dates.
    IV- we should have a poll on whether labor substitution is fair.



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  • samay
    07-21 08:09 PM
    Dear Lawyer,
    I have applied for my renewal of EAD. Please let me know if I have answered the following correct and if there is anything I can do to rectify if you think these are not the right answers. Thanks in advance for your help,

    For question 14, Manner of last entry: " Paroled (AOS) " because that is what will be stamped in my passport and I94 after my entry into US.
    For question 15, Current Immigration status: " H1B Worker " because my H1B is valid till 2010 and I never used my EAD or received my green card.

    This question says how you entered the US the last time and not how you intend to in the future. My understanding is that you last traveled on your H-1 B therefore, it should say H-1B (please confirm the same with your I-94.)





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  • Vishal2007
    05-02 12:46 AM
    read Indian history, you know how Gandhiji is self-fish.



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  • sameer2730
    01-19 11:33 AM
    Just because no one can trace you on an anonymous forum please do not say anything that comes to your mind. These are hard times. Please chip in with genuine solutions else keep to yourself.
    This constant battering of consulting companies is not doing any good. Yes they exist and have existed legally for a while. Do not take advantage of this memo to vent out your own frustrations. It puts us all at risk and hurts the entire image of people working on H1b especially Indians.
    Most of us here are very educated (usually a Masters). Lets respect that fact and contribute to meaningful resolution. I suspect a number of anti-immigrant Indians(who are permanant residents or citizens) are on this forum (you can tell from the number of posts they made and the reds they have received). They are only trying to provoke us. Do not take the bait. Please please ignore them.





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  • dealsnet
    09-04 12:17 PM
    You are showing your contribution in all your postings. Don't have any shame???
    your left hand should not know what your right hand is doing(giving)
    It is typical for many Indians to put their name in cars (even here) and their contribution to temples to be anounced in public address system and put names on any things which they are donated.
    You need to change the style, if you are in Rome, behave like Romas.

    You have 352 posts and not one dollar contribution. Are you talking about shame on IV?



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  • unseenguy
    06-12 01:21 AM
    If you have seen any companies misuse the H1 and L1 visa, you can complain about them. Dont go screaming around that the whole H1 and L1 program is bad. Its because of people like you that a whole group gets a bad name due to some rotten apples. Btw, all your arguments dont seem to help the IV community. Why are you even here on IV if your idealogy is not aligned with IV ? If you cant support us we dont need suggestions from a traitor like you.

    He has not learnt his lesson. Let him figure out why he was laid off thrice.





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  • sundarpn
    01-13 04:13 PM
    All is well :)

    Is this already passed or is it something they are comtemplating?



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  • NKR
    02-15 06:24 PM
    Dingudi,
    I didn't generalize. I said preponderence meaning "a lot of" cases with L1/B1/H1 and I am also not denying the fact the India is doing a great job in producing IT skills in great numbers. I am saying how they end up in America in greater numbers than any other country. China, Pakistan, Israel also produces lots of IT gradutes but they don't have the bodyshop connection to land here with an NIIT certificate.

    Then pray why people from other countries are not landing IT jobs?. Can I say that NIIT teaching is better than the teachings in the universities of the countries you have mentioned?.





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  • pappu
    07-02 06:07 PM
    We are starting a media drive from tomorrow on visa bulletin.
    Before we post all the details and how to's

    we need help from members to:

    - post some email templates specific to this visa bulletin and our cause. Mention IV name several times in the template so that the reporter can contact us.

    - Someone please collect a list of the reporters from pervious media drives , make a file and post it here.

    Let us get this background work done tonight and from tomorrow morning we will start this drive with a bang.
    =======================
    media list
    http://www.mydatabus.com/myFiles.php?pt=createLink&fn=Media.xls
    members can post other email addresses on the thread so that everyone can write emails



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  • mirage
    04-16 12:42 PM
    Ultimately everything boils down to corruption. Huge money is going down in the pockets of big media houses, it is so damn obvious...Hindustan times, IBN & NDTV carried pictures of Priyanka Gandhi's children for 3 days on the front page, I never saw pictures or anything on Chandrababu Naidu, Yedirappa, Badal, Gehlot, Shivraj Chauhan or for that reason anybody....these kids are more important than our grassroot leaders ? The family is talking about "Rahul kee Shaadee" and the whole media is printing that, nobody's asking them where were you and what you did in last 5 years ???





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  • ujjvalkoul
    10-04 03:49 PM
    I sent my application to Buffalo early Sep., however, have not received the receipt # yet. My friend told me it only took a couple of weeks for him to get his last year.

    Just wonder how long it is gonna take, thanks for any headsup!
    PRoabably 1 -2 months to get receipt letter



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  • santb1975
    02-13 03:06 PM
    I support having ongoing discussions with USCIS and having an amicable relationship with them. We should work hard to make the letter campaign successful. We have 30000 members but less than 2000 letters so far. While some volunteers are working tirelessly to make the letter campaign successful some do not want to take part in it at all because the Template's we have out there are asking for their Name, Address and Telephone Number. it is not a joke to mail out a letter to the president on which the signature of the person is not comprehendable and there is no Full Name, Adress and Telephone number. I spent hours last weekend answering people's questions about letter campaign but all I get in return is recommendations on what else I can do. There were no letters after all that. I totally support Walking_Dude on this.

    Raising 30K in 7 days was possible. it was made possible by 300 members. I still remember having a conversation with a gentleman at a mela (US Citizen and a white american) who said funds should not be a problem for you guys. You have 25,000 members and you all make good money. On any day you can all contribute 10$ and raise 250k. I wish. That will be my dream come true. I am one of those volunteers who worked very tirelessly to make 30k happen in 7 days. it is fun to be an active IV volunteer. I know a few people in our Local Chapter who spend their money for local chapter activities in addition to their monthly contributions. We have less than 10 members in our chapter who do that. I can totally understand when they tell me sometimes that have been spending a lot of their own money and taking the lead this for an year and half and are getting burned and want to take a step back now since we do not have new people stepping forward to help. Atleast they promised to take part in action items for sure.

    I apologize for my venting today





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  • grupak
    12-13 01:40 PM
    "Fairness or not is not the issue. Question is can it be challenged in a court? "

    --I guess fairness is the issue and that is what you are asking for by challenging the court.


    "As an unrelated side note, the current quota system is something that has evolved from past policies some of which was used to restrict citizens of certain countries."

    --To some extent,there is truth to what you said. And it is there prerogative. There could be many geopolitical,societal, economic and national security reasons behind who they restrict and who they allow.

    The OP was whether the country quota is constitutional. My interest was to find out if the current laws and regulations are violated by the country quota.
    As lazycis pointed out, SC seems to uphold the current situation.

    I was not looking into arguing in a court whether a particular regulation is fair or not. The law is what it is (what I or you consider fair or unfair is immaterial), question was : Is the law being implemented or not? Seems like it is.

    To change the law, we as IV are lobbying and meeting lawmakers already.

    Unless a constitutional lawyer says otherwise, I see no reason to pursue the country quota in a court, considering lazycis post.





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  • alisa
    02-13 08:44 PM
    Are you sure you understood it fully?

    I wrote " if you think ", meaning a lot of harping on is happening based on the assumption that removal of country limits will impact ROW badly. It's not the fact. Though it has been explained a number of times that its not the case, some members obstinately stick to their guns and regurgitate it again!

    Taking some sentence written by me out-of-context does not prove anything.


    Easy now!!! Simmer down.....

    Its just that every time the VB comes out, we get a lot of posts from folks from India/China who want to remove country limits. And they talk about only removing the country limits, as if removing country limits is going to solve the problem.
    You scare away ROW when you do that.



    Can I ask you a question? How much of IV goals you have supported till date? How many IV activities you have participated? How much you have contributed? I'm interested in knowing. If you haven't , whether you have incentive or not, it doesn't make even a teeny difference to the movement.

    In December 2006, I started my state chapter, and went around and held meetings and told folks about IV. Then in the summer of 2007, I, along with other folks, some from India and some from Europe, went around and met with the staff of three congressmen/women, and two senators. And then we urged another person to go and meet his congresswoman. We covered half the state delegation in the House, and both senators.





    Alabaman
    08-03 06:19 PM
    Pardon my ignorance, how does labor substitution work and what is FIFO?





    iv_only_hope
    07-24 08:55 PM
    vdlrao
    I will post the calcs and see his response. Thanks.