Wednesday, June 15, 2011

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  • msyedy
    06-13 11:12 AM
    Hi, Senthil and Bugmenot

    You said :They will allow some form of consulting and they may ban subcontracting in H1b.

    Now you agree that consulting will be there. So the bill have to be tweeked or else even small american companies will shut down.
    ex bearing point....

    Rule 2 of restriction - Company cannot hire 6 months before or after it has laid of a person.

    Impossible to be applied.
    (Big companies will be affected with this, small companies like CDI, ABC.. who might hire a H1-B on their pay roll but they let them go when they are not able to find a new client that they can place that person).

    Rule 3 - You have to advertise before you get an H1-B might be allowed but ignored like L1 is ignored now.

    I will show you how the merit based system have to change for EB in my next post.

    Got to go...

    I am not supporting consulting ban on h1bs. But even that happens companies will readjust by hiring permanent people. Also big consulting companies will bring more people by L1 and B1. I am working in a consulting company and they do not depend on H1bs though considerable H1bs are there.Still H1b Cap will be reached there is heavy demand for h1b. Also I do not think it is outright ban of H1Bs in consulting. They will allow some form of consulting and they may ban subcontracting in H1b. It depends on how USCIS interprets the law. I hope Congress will not do if anything is bad for country. Infact same rule is there in L1 also. But still I am seeing persons are placed in client sites.
    Of course anti immigrants are trying to block H1b program using this but congress trying this because abuses are more in consulting. When congress realizes this anytime they will remove this restriction if they find some other alternative.

    Now chances of CIR is 30% and 60% chance of statusquo for another 2 years. Even skil bill is passed seperately same restrictions will come as same Senators will be there.

    Some of abuses are
    1. Not paying bench
    2. Lower pay compared to market
    3. illegal agreements
    4. Rotation of people and using H1b for outsourcing(It is not abuse but it is not the purpose of H1b)
    5. Giving ads for recruiting only H1bs





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  • nojoke
    02-27 06:42 PM
    Armageddon or not, smart or fool, time will tell. My view is recession yes, outside chance of a depression. Armageddon...........not really.

    Interesting thing is Berkshire stock is up while all this is going on. Gives you an idea how much high regard people have for its balance sheet, Buffet and Co. stock picking prowess and his 30 plus billion cash war chest at this time.

    Who still thinks this is a normal recession? I feel like saying "I told you so".





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  • rvikul
    07-19 03:44 PM
    Based on hours and hours of research online, it looks like there are name check victims all over the place. There are several forums, trackers etc.

    I believe IV, with its recent gain in popularity would be the ideal place to consolidate and bring together all the name check victims.

    I work for a large software company and currently we have at least 140 employees stuck in name check. We even have a representative committee thats actively working with our attorneys to find resolutions to this issue.

    I am planning on sending an email to the core team soon, but meanwhile anyone from the core team is reading this it would be great if you could start a thread to track name checks so we can kick of an effort similar to the I-485 filing issues.

    Thank you!





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  • smuggymba
    09-10 01:05 PM
    So, I guess all EB3's with a PD before 2007 should be in a very good shape. No doubt GC is the best but at least they have EAD's and their spouse can work, which I think is a great thing.

    The real issue is with post 2007 EB3 filers, correct me if I'm wrong. It seems that prior to 2007, EB2/3 are almost in the same situation. EAD is much better than visa and of course GC is the king. Thanks.



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  • kumar1
    03-12 09:01 AM
    IVians - What you are suffering from is known as PVBS (Post Visa Bulletin Syndrome). It is very common in Indian and Chinese community living in the US.

    This condition stays with the patient/sufferer for 15 days or so and then disappears like a f*a*r*t in the wind. It is more likely to happen to those who fall under EB-2 category and especially those who are 6 months or so from priority date to be current. This condition keeps re-appearing till the patient gets green card and then it gives birth to another condition call PGCS (Post Green Card Syndrome). Typically, that condition lasts for 5 years till the patient gets US citizenship. There are some documented evidences that Amway and QuickStar have tried to fix this condition but medical community is yet to approve that.

    Laughter is the only known cure of this condition. Returning back to home country can also cure this condition.:D





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  • gimme_GC2006
    04-06 11:29 PM
    good post ek_bechara!
    ppl, think for yourself. don't believe in the rumor unless it happens to YOU!
    btw, GCs are in separate immigration line at the airport, so I seriously doubt any H1B interview happened "right in front" of a GC holder. That's pure .. well you know what!

    When is your next india trip.?

    in 2006, In JFK, (this is not from friend->friend->friend->friend), Citizens and non-Citizens formed two lines..right next to each other..few officers were dedicated to USC, some of them to others..when there were no USC, they handled H1Bs

    Now how did I notice it all this in 10 mins or so..well..that explains..it has to be a rumour.
    :D



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  • f1vlad
    01-19 11:23 PM
    Same happened to me in some small town in NH, about quarter mile from Canada, I was just driving on a local road and I pulled over to check my map. So I sit reading map and I hear knock on my window. All of a sudden see couple of Border Petrol agents.

    I only had drivers license. They didn't believe anything I said and they told me that. At which point I told him "Sir, do what you have to do," because conversation sounded more like interrogation.

    Anyway bottom line they got back to my car window and said that they could put me to jail right now and that they cannot find anything on me in their computer. My last attempt was "I can give you cell phone #'s of my supervisor and VP, if you would like". But he handed me my license and said that I should carry passport and H1B with me at all times.

    I agree with some of you who say it's dumb, up to now I still don't carry passport and originals of H1B. I am just afraid to loose it.

    This thread however makes me rethink it, I might just throw passport in the car and take with me whenever I far from car.





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  • paritp
    07-18 05:42 PM
    /\/\/\/\/\/\/\/\/\



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  • SunnySurya
    07-28 10:18 AM
    If the Christ and Mother Mary can be on the bottle of wine,
    If the wine can be served in church,
    If the Madiras can be mentioned extensively in the relegious text,
    Etc...
    Then why not Lord Ganesha can be on a bottle. I think it acts more like a stop sign, a sort of warning label to all the habitual drinkers:
    " Drinking and driving is hazardous to your health. Please exercise judgement"

    Hi all,

    I am not sure whether I should add this over here or not but I could not resist and I don't know any other way.

    I went to a wine shop and was shocked to see cartoon of Ganesha used on the bottle of India Pale Beer. I am not a religious person but this thing made me nervous. Please let me know how this can be protested.

    Thanks





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  • chmur
    03-17 05:35 PM
    The way I read it is ...People with PD's earlier than 2004-05 have been their long enough to understnd the pain and hence are active in all these forums , participate in such polls etc.

    Others are happy with their EAD's and know anyway it's going to be a while and are in hibernation ...cannot blame them ...this GC following can get stressfull ....ignorance is bliss....suddenly the laws might change or something like July 07 might happen again ....

    I think only those who got stuck in the Labor backlog (This could be huge #) and few other unlucky ones like me are the ones who are still waiting in India-EB3 Catergory pre 2004.


    I know a bunch of India-EB3 pre 2004 got approved in the gold rush of July 2007



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  • neelu
    12-12 10:48 AM
    We have asked an immigration lawyer this question. Someone even quoted all the sections of INA and CFR(code of federal regulations) to make the point -- that you can have regulation changed to file 485.

    The lawyer was of the opinion that you need change in INA to be able to file 485 when dates are not current. It cannot be done with administrative changes.


    Hi Logiclife,

    If an attorney says that it cannot be done with administrative changes, then I guess, we dont have much to argue.

    But I cannot understand the logic behind why it cant be done. I mean, disallowing concurrent processing is possible by an administrative change, why is the reverse (or something similar like allowing 485 filing without pd being current), not possible?

    I am sorry for not being to let go of this, but I thought, logic-life can see some logic in this!!! :)

    Thank you.





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  • Dhundhun
    10-19 09:46 PM
    Folks,

    I was just looking at the Obama and McCain websites just to see how they look from design standpoint (I'm a UI designer by profession). I happened to read their views on Immigration. I was surprised to see that Obama's views were extremely vague and offered no solutions to retain or encourage highly skilled immigrant workers. McCain on the other hand has section on highly skilled immigrant workers and talks about retaining them after US education, H1B cap reform, greencard increase to reflect demand etc.



    I heard them talking on same issue. Your findings are consistent with what ever I heard from their mouth.

    Still it is hard to believe. Specially most of my GC holder friends have blind faith in Obama.



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  • MDix
    03-10 03:14 PM
    I hope I have answered your question (in red). :)
    Let me ask you again, there are two "they". Same or Different?
    Here is your statement again
    >> Once they (USCIS) reached last quarter then they(DOS) will make EB2-I/C current and distribute those spill-over visas across EB.

    Remember, this is a trap question.





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  • pd052009
    03-15 08:18 AM
    ^^^^^



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  • gcdreamer05
    03-09 01:47 PM
    hey bsbawa atleast ur pd is apr 04, now it is feb 04 for you , there is hope that you will get it by this year end atleast, think about folks like me, i have to wait till 2019 to get my eb3 to current......... so stop crying and be happy that atleast ur in EB2........ :o





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  • indigokiwi
    03-04 08:43 AM
    ^^^^^^^^^



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  • greyhair
    02-08 06:01 PM
    Frankly I think that this lawyer is just posting provocative material to make himself popular. He has made many predictions and number of "useful" analysis in the past, most of which were found to be untrue. I used to read his posts until recently I figured out that the analysis was unreliable. This is just my opinion.





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  • abhijitp
    07-23 07:37 PM
    When we emailed him about our concerns regarding this issue his response was the following:
    I have won many cases without it. It�s not something we need to worry about at this point b/c we don�t have receipts yet. If immigration needs it they will likely request it.
    To tell you the truth I'm still very worried.
    The cited press releases do clearly say that they MAY deny an AOS application. What disturbs me is... why on earth should someone NOT obey the instructions which are clearly laid out on the front pages of the I-485 application forms? Is there a benefit to NOT submitting the employment letter?





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  • imconfused
    07-09 04:16 PM
    I am yet to see any legal basis in the case which states that DoS has to give notice of x days before changing the visa bulletin. All it says that they have "policy" of visa bulletin good for a month. Such policies, unless backed by legal basis, are not enforceable.


    __________________
    Not a legal advice.



    legally speakn, there is a commonly term used "bad faith".. this is where DOS/USCIS falls in right now. Read the document, the y did not break any law, what they did was in "Bad Faith" ,. Cant make it clearer than this...





    sk2006
    05-26 11:39 PM
    I am sure they will ask for passport if you only have the I-94. Now if I am required to carry my passport all the time that becomes a real pain particularly if we are on H1/L1 and present for quite a long time.


    I 94 issued at POE must be attached to the passport all the times!





    pappu
    07-01 09:32 PM
    At this time, IV is analyzing the impact of the speculation around the July visa bulletin closure, and is reaching out to attorneys, including AILA and planning next steps. tomorrow being a working day will also help us get more information and opportunity to reach appropriate levels of government . We will share more information with you as soon as there are developments. In the meanwhile, you should go about business as usual, and file your 485/140 applications as planned.

    IMPORTANT: At this time, you are encouraged to update your user profiles on IV with the most current information and the best way to reach you. If we have an urgent action item, we may also send newsletters to all members.



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