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  • rahulpaper
    06-28 05:20 PM
    the cycle for visa exhaustion has to happen before USCIS triggers action....its just not how many applications showed up on their door...and one(including me) should not feel toooo bad if we are not able to submit application becasue the visa numbers were exhausted. More painful will be if it is only based on applications received and mine went in a little later than others. lot of hard works has gone into prepraing this application. I would hire my attorney to put a suit against himself...

    As i understand it...number of applications received by USCIS on july 2nd does not in any way affect the acceptance of application on july 22nd......do you see it as i see it

    Its all theory ...Do you have any explanation why they rejected for the " Other workers" in june period





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  • gondalguru
    07-17 01:45 PM
    Assuming that the spill overs are effected only in the last (JAS) quarter, there wont be any significant movement for EB2. Until and otherwise the supply is more than demand, EB2 will not move forward significantly.

    But I wish EB2 becomes current in the near future. Correct me if i am wrong.

    I think spill over will happen every quarter and EB2 I/C dates will move forward every month / two months.


    http://travel.state.gov/visa/frvi/bu...etin_4252.html
    See under section E.

    E. EMPLOYMENT SECOND PREFERENCE VISA AVAILABILITY

    There have been questions raised regarding the way numbers have been provided to the China and India in the Employment Second preference categories beginning in April. Section 202(a)(5) of the Immigration and Nationality Act states that if total demand for visas in an Employment preference category is insufficient to use all available visa numbers in that category in a calendar quarter, then the unused numbers may be made available without regard to the annual per-country limit (For example: If the second preference annual limit were 40,000, number use by “All Other Countries” were estimated to be only 25,000, and the China/India combined number use based on their per-country limits were 6,000, then there would be 9,000 numbers unused. Those 9,000 numbers could then be made available to China and India applicants without regard to their per-country limits.)





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  • anilsal
    11-09 09:33 AM
    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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  • krish2005
    01-16 06:18 PM
    http://www.murthy.com/news/n_repatt.html dated March 2006

    I discussed the matter of the Consular section requiring end-user client (http://immigrationvoice.org/forum/#) letters. Many H1B employers and employees, as well as several AILA attorneys, have approached me as well as the Murthy Law Firm, inquiring about this. The matter deals with the fairly recent requests for letters from supervisors of the end-user clients. These requests require the end users to outline the nature of the job to be performed by the H1B visa candidate, provide details of where the candidate will work, the length of the project, and the need for a specific H1B employee by name and other details. Unfortunately, most end-user clients are not willing to comply with such an onerous request. The very reason for the end-user client to hire an outside consulting company is to minimize the burden of administrative or HR responsibilities. Moreover, the law does not require such detailed letters for the issuance of H1B visas.
    �MurthyDotCom
    I respectfully summarized the position of many of you, our clients or those using candidates who apply for the H1B visa at Chennai, as follows.

    End-user clients generally will not issue letters to the consulate, as they do not wish to get involved with the H1B process. The very nature of the employment relationship, when hiring through consulting companies, is to avoid or minimize the work related to hiring candidates.
    Employers who sign the H1B documents do so under penalty of perjury and must pay the required prevailing wage, irrespective of whether they have assignments for the H1B candidates. The employer may decide to send the candidate back to his/her home country if enough assignments cannot be found.
    Legacy INS (now USCIS) raised many similar issues, in the early- to mid-1990s, regarding the length and nature of the projects in the U.S., timetable of assignments, and the H1B employer�s ability to pay the required prevailing wage. Senior Legacy INS officials from headquarters in Washington DC addressed the concerns of those examiners by pointing out that the law does not permit them to investigate a U.S. employer�s ability to hire H1B employees. The USCIS is bound by memos and policy guidance of the Legacy INS. After that memo, Legacy INS stopped issuing lengthy RFEs on these matters.
    The law does not require any such letters by end-user clients for the issuance of the H1B visas to the visa applicants.
    Delays in the issuance of H1B visas cause many of the employers considerable financial (http://immigrationvoice.org/forum/#) loss and postpone the implementation of projects. This results in the additional loss of revenues and credibility with their clients, due to their inability to produce in a timely fashion the required specialty-worker candidates.


    Thanks for the post. Is there such a requirement when there is a renewal of H1B ?



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  • ash27
    05-29 01:26 PM
    For all those who are stating that filing in EB1 should not matter, please withdraw your application and let other people in line move ahead. Give me 1 simple reason, why should we not raise this issue. In hindi, there s an old saying "boondh boond karge ghara bartha hain"....

    I will request all of you to send letters to USCIS to raise this issue and lets have a close scrutiny of all EB1 applicants received/filed....I understand that this is not the solution but i am pi***** at people using loopholes all the time.....





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  • caliducas
    07-13 09:40 AM
    Alright! Back to the US immigration deal! There is still hope and the battle is not over. So I wish you all the best with your cases. Mine has not been rejected/returned yet since my application was delivered on July 3rd. I don't know what will happen, but there is still hope!!!

    :)



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  • AirWaterandGC
    05-10 09:25 AM
    mihird,
    I see you have gone thru the CA process. I had asked a question earlier .... but no one seems to have an answer. Here are the details ....

    I have my CA PR. Waiting for US GC, my CA PR clock is ticking. Once I am more than 3 years past in the CA PR card and if I still dont go to CA, I understand that my CA PR may not be renewed. My question is : Is is possible to at least enter CA for the last (during 5th) year of CA PR ? Also is it possible to re-apply for the CA PR once I am say 4 years done in my CA PR life without entering CA ? Please shed some light.

    Thanks.



    You are missing a point here though...having gone through the Canadian point system myself back in the late 90s, the Canadian point system gives you added points for having current employment in your intended occupation.

    When you don't have employment, you lose those points, and have to rely on other aspects of your profile to compensate for that..it is another story that their point system is lax enough to qualify most MS and PhD people even when they don't have current employment.

    Ph.Ds driving cabs in Canada is the same as immigrant doctors working as nurses or lab technicians in the US.

    I will disagree with you. Employer sponsored path to permenant residency is certainly not the best. Firstly, if the average time to process an application is 5-7 years, expecting a person to shackled in the same job for that long is absurd...and for that matter, that job remaining steady and available for that long is equally an absurb assumption..

    There may be unemployed Ph Ds is Canada but they are no different from the thousands of underemployed H1-B immigrants in the US, not being able to make career moves because of the employer sponsored petitiions..

    My .02 cents..





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  • gc28262
    06-12 08:10 AM
    Dude, Read Vivek Wadhwas findings carefully. He wants the best and the brightest to be provided unlimited visas. I agree with him completely. He is not for perpetual fraud and wage destruction as proferred by the outsourcing companies. Next time when you quote a defence, atleast quote something that supports your case not the opponent's :-)

    You are contradicting yourself in your arguments. One one side you say you are highly skilled on the other you say you are worried about depressing wages for citizens like YOU. If you were so competitive, why would you worry about competition.

    If farmer grassley's bill passes through, you are the one who is going to lose your job (if you are still working at MSFT). Balmer has already threatened to move the jobs out of the country if Mr Change goes along with his protectionist policy.

    http://immigrationvoice.org/forum/showpost.php?p=345899&postcount=1

    BTW none of us on this forum favors outsourcing. Whether you like it or not, nobody can prevent outsourcing. Even if corn farmer's bill survives, outsourcing will go on. If you are looking for job security, you need to change what you do for living. This applies to all of us on this forum as well.

    Could unions stop the shifting of manufacturing jobs to China. You are living in the capitalist capital of the world. Don't think companies will help you cling to your job just because you want them to.

    BTW you claim only 20% of H1Bs are genuine. How did you arrive at this figure. Have you interviewed each and every candidate who received H1Bs ?

    You seem to be echoing anti-immigrant's concerns. Antis also complain that MSFT product quality has been going down since they started hiring H1Bs. I guess they were complaining about people like you.



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  • reddymjm
    09-23 04:32 PM
    the day this becomes law..it would be better for all of us go home, bcos tht means lawmakers are ready to do anything to get some money and they know this country has gone down beyond repair.
    and the day it becomes law..i am sure the situation in this country will be so bad tht most of us wont even have jobs at tht time.

    Our Social Security, Taxes, Medicare. USCIS fee. Whole USCIS lives on us.





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  • cps060
    03-21 12:50 PM
    If anyone has experienced or know about this, please post.



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  • gauravster
    05-29 05:08 PM
    I agree that we need to be united. But does that mean we just accept people abusing EB1?
    Dont you think it is unfair to people who have waited for all these years?
    If more people start abusing EB1, then there will be no visa numbers for EB2/EB3.
    When EB1 abuse is stopped, It may not get all of us GC, but atleast some of us could get GC.

    We need to fix the problem of too few visa numbers available to I/C. If the waits in EB2/3 are not long, there is no reason there will be any significant abuse of EB1 visas. You are targetting a mosquito and ignoring the elephant in the room.





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  • LostInGCProcess
    05-01 07:02 PM
    Sri Lankan Tamils may not be Indian citizens but are etinic Indians and that is what their problem is and it is the problem in several other places like Malasiya, Fiji, Trinidad etc. these people are still called Indians in these countries and being discriminated. India being a powerful nation should protect the rights of ethnic Indians, but it doesn't....most or all of us know the reasons, it is being ruled by a lame duck govt. who cannot protect citizens living within the Indian boundries, so even if they try to interfere in other countries affairs, I'm sure even a smal coutry like Sri Lanka has guts to say Shoooo!!!! to our foreign Minister. India does not have any respect whatsoever in the world politics now, whatever was earned during the NDA govt. is all lost, nobody sees India with any respect any more, so atleast in my mind I know the answer why India is turning a blind eye towards the killing of Tamils in Sri Lanka & blatant Human Rights murder by a tiniest neighbor

    I agree with you. It really amazes me that India is not even saying "something" being a so-called "super-power" in south Asia. Until the last generation of politicians are out of the indian political system, nothing is going to change when it comes to the image or pride of India. At least we should exert out strength and take a leadership role in South Asia and show our power.



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  • swo
    07-13 01:28 PM
    And who rates Canada highly? That requires a different forum for debating but I am just giving you the hint that it is international scam to rate it high.. That is the subject of politics and we would not start debating that at least on this forum..

    More empty rebuttal from you. Quite remarkable.

    2007 rankings - http://www.citymayors.com/features/quality_survey.html

    2005 rankings - http://news.bbc.co.uk/2/hi/business/4306936.stm

    UN Human Development Index 2006 - http://en.wikipedia.org/wiki/Human_Development_Index

    So. You see. While there are many criteria that would rank the US over Canada (and by the way, the economy of the last 5-6 years would NOT be one of them), there is plenty of food for thought for those that consider Canada as one option of perhaps several.





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  • andy garcia
    02-15 12:27 PM
    when did you check?

    I checked 10 min. ago it looks COOL;)



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  • deepakjain
    05-28 11:17 PM
    EB2 and EB3 will be in queue for sometime, fact being the latest fraud by Indian IT firms.

    Please read then post comments.

    I personally know 7 people who came to US in 2008 via Indian IT firm - designations [Sr Project managers or Program manager]....

    Applied for GC under EB1 and every one of them have a GC now....not to mention few MNC's based out in India have done the same...one of my friends who works for an US based consulting firm in Hyd is here in US on H1B [12 months] he has a GC.....EB1





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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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  • lazycis
    02-14 12:48 PM
    Thanks, chanduv23, I do believe in using all possible means. I sent my letter to Mr. Bush.

    On the other note, there is a thread on discussing the lawsuit possibility
    http://www..com/discussion-forums/i485-1/67326117/last-page/





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  • waitingmygc
    01-14 12:24 PM
    First, please stop comparing companies in this thread at least because we are diverting from topic.

    I am totally convinced with users like jetflyer, kondur_007 and others that �if it goes smooth then next will be EAD, then I-485 approvals�.

    At least this is the time to think beyond boundaries (like EB-3, EB-2, working as FT, working with consulting company, states and countries), if not then don�t distract the efforts.





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  • simple1
    05-18 08:03 PM
    krish2005,

    Please don�t mix up LTTE and Tamils.

    The question is simple. Are tamils and sinhalese genetically the same? to me they look very similar.
    If Yes, why
    - sinhalese were violent against tamils in 20th century
    - tamils want to secede based on language, religion and social-culture ?
    If No, give supporting evidence that they are not.

    Clearly Both groups are not natives (except veddhas all seem to have immigrated at some point).

    Is it all petty politics, external-profiteers and power mongers in play ?

    external-profiteers: I heard a small city state indirectly benefited in SL�s 80�s from the civilwar was afraid Colombo will complete with them.

    If we are trying to quote facts here then myths also come into play.





    reddymjm
    09-26 01:37 PM
    Bump





    at0474
    12-14 01:09 PM
    Don't be upset dude. I'm just trying to suggest so that we could think out of the box. I don't think I have a bad taste.

    Honestly, we tend to be discuss to much the law here. We are not experts of law and I think we should start calling our lawyers and talk to them about this idea. Let's see what our lawyers will say and then we can share those comments from lawyers.

    Please don't be upset.

    --Cheers!



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