Saturday, July 2, 2011

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  • Madhuri
    05-23 01:05 PM
    Emailed tp 2 CA senators + 8 others. Working on the rest.




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  • unitednations
    03-08 03:17 PM
    I agree that legislators are very aware of the difference between the H1b issue and the green card issue. Yesterday on CNBC, Larry Kudlow interviewed Sen. Grassley from Iowa on this topic. When Larry was asking about these workers contributing to society, buying homes, starting companies etc, Sen. Grassley told him he was mixing up two separate issues. Basically he only wanted to talk about the H1b issue.
    The sad truth is these guys(like Sen. Grassley) are anti immigrant period(they give you all the blabber about I am 3 generations separated from immigrants etc. but that is quite simply them satisfying their conscience/the public conscience on this issue, I always wish the interviewer is an American indeginous Indian), and instead of saying so openly, they combine the issues when convenient and separate them out when not so. I agree with you that it is not because they are not aware. Right now their focus is on stomping out fraud, he mentioned cases of people coming on H1b and running laundromats, or working in different locations to what they are certified(ouch). The new quota that opens up on Apr. 1 will indeed be a watershed. I am expecting really restrictive and nasty legislation in time to greet this. I truly hope for very few applications, so the Hon. Sen. understands that this is a demand driven issue for the most part and fraud where it exists can be addressed but not with blanket legislation which effects can be unintended.
    Nonetheless this issue of Country caps has become so draconian that if indeed the US changes its policy and institutes country caps on H1bs as your posting suggests they might in the end, then we will have things go in a certain direction.......protectionist, and there will doubtless be backlash. As it stands the current insensible policy is such that people come on H1b, settle into a job, have their US citizen kids, accumulate enough social security credits, savings etc and then facing an inordinate wait, perhaps even have to leave, what do you think the result is going to be? Well, the return to India where US employers given their US experience/education are more comfortable hiring them hence more outsourcing, then their US citizen Kids return for Gov't aid/loans to college, then they sponsor their parents to come in and receive social security and medicare etc. while their working contributions and taxes would have accrued to another country. Really? Does that sound like good policy?
    If the US chooses to Cap Indian H1bs fine, let it be, however continuing such policy only leads to and effectual ban on EB green cards for Indians.

    Very well written. I can tell you through my observations of living in this society for 35 years:

    1) People leaving because of long wait is a losing argument. Available information doesn't back it up. We have had severe retrogression since 2005 (h-1b quota cases have finished in matter of days)

    2)USA is destination of choice. 9 million people file through greencard lottery for 50,000 slots and the main populated countries aren't even eligible to file (ie., India, China, Pakistan, Canada, etc.)

    3) Call it what it is: Employment base immigration is least impacted. It is the only class of immigrants who are allowed to work/live in USA while they wait for greencard. Just about every other class has to wait outside until their number is called. This is number one impediment to EB grievances.

    4) Stating that one is paying taxes, etc., is also losing argument. You are comparing yourself to the people who are here unlawful. Paying taxes isn't some virtue, it is the law.

    5) Country quotas is fundamental to US Immigration. Getting rid of it for one class; ie employment base without looking at the whole thing is waste of time (ie., lottery, family base, etc.).


    Now I don't want to get people upset but let's look at some things that have happened since 2005:

    There was considerable debate on immigration.com of how the country quotas work and spillover of visas. Depending on how you read the law you would keep coming up with different conclusions. One way was to look at it as hard cap of 7% across all 140,000 visas that is 10,000 or so and it didn't matter about eb1,eb2, eb3. Any unused visas from ROW in EB1 would not go to india but rather flow down to eb2 row and then eb3 row. That s unused would go vertical instead of horizontal.

    In uscis fiscal year 2004 eb3 went unavailable in summer of 2005. Statistics showed that India went well over their 7% limit.

    In USCIS fiscal year 2005 we had severe retrogression for India. Visa bulletin states that spillover will be vertical instead of horizontal. Statistics showed that India only received 10,500 visas

    Now, fiscal year 2006 . We have slow movement in visa dates; it appears that they are going vertical with spillover. However, in July 2007 they make it current for everyone and India goes over the 7% limit.


    Fiscal year 2007 it appears from visa bulletin that they are going to go horizontal instead of vertical. No statistics yet of how much went to India.

    Therefore; department of state has changed policy, interpretation without law change. Talk to many lawyers and they will tell you that spillover is supposed to happen vertical instead of horizontal. indian nationals have been benefitted greatly by department of state changing it on their whim. You don't see many people from ROW on these boards bellyaching about this; or contacting senators, or threatening lawsuits do you?

    This is something to think about? As people keep highlighting this issue and if they continually point it out to lawmakers and someone from ROW gets the birght idea to challenge department of state then it will make it worse for India. I don't foresee any change whatsoever in country quota limits; mainly because it is fundamental to immigration and fundamental things don't change very easily.




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  • Rohan99
    02-01 03:43 PM
    according to movie, India will be better place because we can make to the arks in Himalayas faster. From north America it will take longer time and we have to find Yuri to get ride. Astrophysicist Dr. Satnam Tsurutani, who discovered solar flare in India, was among the dead, he didn't make it to arks.



    :D
    2012??? - According to the Mayan calendar the 2012 will bring the doomsday !!!! :D




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  • bomber
    07-04 12:02 PM
    man I could swear that was me posting except my priority date is in 2004.
    maybe we have the same lawyer.

    Same deal here.



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  • blacktongue
    11-18 01:39 PM
    I will donate 100 dollars if they make any changes in DREAM Act wrt to Employment based immigration.
    Even I participated in the campaign, but I don't think it will impact anything for us.

    To who?

    And why only $100?

    Is Greencard $100 worth for you?




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  • whiteStallion
    11-17 09:32 PM
    Sent the email...
    Thanks for streamlining this process which only took a few seconds...
    Kudos to the IV team again !



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  • franklin
    07-08 03:38 PM
    ---
    I just heard from our Chinese member. They are getting a huge response for this 14th July demonstration. We need more awareness about this event among our members. Please spread the word.

    The place and time is:

    Location: City Hall
    200 E Santa Clara St
    San Jose

    When: From Sat Jul 14, 2007 11:00 am to 2:30 pm

    Bay Area members - please join the Northern California Bay Area Chapter. Details in sig




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  • reddymjm
    06-13 11:31 AM
    My attorney told me that they sent my case to USCIS through FEDEX overnight on 6th June. My check is not cleared from my bank yet. I am concerned about my RD. Any idea?
    If it is NSC they are still working on 6/1/07 cases. Relax...



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  • suriajay12
    02-26 08:02 AM
    Yeah! Its common sense dude! Lets keep the 50USD in pocket when one has job rather than contributing to a cause that might help keep the job or makes voice heard when a bad bill comes out.. Choice is yours and your friends. If you/your friends are expecting a GC because you paid 50$ towards this effort, I dont know what to tell. If you/your freinds are expecting to hold xyz accountable for every single penny of the donation, that is not the attitude that will bring US together.

    Ask your friends to understand the word lobbying and advocacy efforts. How much work it takes to hire a firm and get strategic advise? How much a firm that advises strategically and positions the issue strategically charges per hr? If an IT consultant is charged at the rate of 100-200USD by a big consulting company, Imagine how much would a consultant such as these people on the hill charge? I dont know but I wont be surprised if its north of 500USD an hr.

    With out IV, The only two things folks on the hill knew were illegal immigration and H1B visa. Now more than 75% offices know the EB issue inside out and have a position on it. This is an effort that needs to be continued until we get a solution.

    "What is the action plan for FUTURE"?

    Relief from Retrgoression. Continued advocacy efforts. is it that difficult to know? I dont know but it seemed obvious to me.

    Please see my answers in BOLD. Please do not assume I am mad to put in BOLD. This is just to make my point more VISIBLE.

    Yeah! Its common sense dude! Lets keep the 50USD in pocket when one has job rather than contributing to a cause that might help keep the job or makes voice heard when a bad bill comes out.. Choice is yours and your friends. If you/your friends are expecting a GC because you paid 50$ towards this effort, I dont know what to tell. If you/your freinds are expecting to hold xyz accountable for every single penny of the donation, that is not the attitude that will bring US together.

    Ask your friends to understand the word lobbying and advocacy efforts. How much work it takes to hire a firm and get strategic advise? How much a firm that advises strategically and positions the issue strategically charges per hr? If an IT consultant is charged at the rate of 100-200USD by a big consulting company, Imagine how much would a consultant such as these people on the hill charge? I dont know but I wont be surprised if its north of 500USD an hr.
    YOU GOT US WRONG.
    THEIR POINT IS VERY CLEAR TO ME. THEY ARE WILLING TO SPEND MONEY, AND DO KNOW THE COSTS INVOLVED.
    THEY ARE SPENDING CLOSE TO $5000.00 EVERY YEAR FOR 1 YEAR HI-b EXTENSIONS, VISA RENEWALS, EADs extn, APART FROM THE STRESS AND PAIN DUE TO THESE BACKLOGS.We cannot put a number on the pain this has created.
    THEY ARE NOT TALKING ABOUT $10, $50 OR $100. THEY ARE READY TO SPEND EVEN $5000.00 AS I FELT, BUT THEY WANT TO SEE THE ACTION PLAN. YOU CANNOT SAY I WILL WAIT AND WAIT AND THEN WHEN WE NEED TO, WE WILL START A CAMPAIGN AND THAT IN SHORT NOTICE WE WILL NOT BE ABLE TO GET THAT MONEY. WE UNDERSTAND THAT. BUT OUR QUESTION IS WHAT DID WE DO IN LAST NEARLY 2 YEARS APART FROM VOICING IN 07 FIASCO.


    With out IV, The only two things folks on the hill knew were illegal immigration and H1B visa. Now more than 75% offices know the EB issue inside out and have a position on it. This is an effort that needs to be continued until we get a solution.
    WE UNDERSTAND AND WE WANT TO MAKE IV VERY STRONGER TOO. WE DID RESEARCH MANY SITES AND FINALLY NOTED IV IS ONE OF THE BEST WHERE SO MANY PARTICIPATE (READ AS "GIVE IDEAS, BUT NO ACTION") ALL THE TIME. WE DIDNT SEE ANY OTHER SITE WITH THIS MUCH PARTICIPATION AND HENCE WE WANT TO STICK TO THIS AND COLLABORATE HERE.

    "What is the action plan for FUTURE"?

    Relief from Retrgoression. Continued advocacy efforts. is it that difficult to know? I dont know but it seemed obvious to me.
    WRONG. "RELIEF FROM RETROGRESSION" IS NOT THE ACTION PLAN, THATS ONE OF THE END RESULT. WE NEED TO KNOW ACTION PLAN. LOOK AT THE CURRENT STATE OF HOUSING. WE EXPECT A CAMPAIGN TO TOUCH THE RIGHT PEOPLE TO SEND THE MESSAGE HOW WE CAN HELP IN HOUSING, JOBS. WE OFCORS DO NOT SUPPORT WE GO THEIR WITH IMMIGRATION BANNER AT THIS TIME FOR OBVIOUS REASONS. DONT YOU THINK OBAMA KNOWS IT. NOW DONT COME BACK WITH 20% DOWN PAYMENT. WE NEED TO TELL THEM HOW WE CAN CONTRIBUTE.
    YOU ARE A PHD HOLDER, OR YOU ARE SOMEONE WHO HAS EXPERTISE IN SOMETHING AND CAN CREATE A JOBS. THATS WHAT THE GOVT WANTS TO HEAR. AND HERE YOU ARE NOT EVEN WISPERING..
    AGAIN "RELIEF FROM RETRO" IS JUST ONE OF THE THINGS WE WILL BE FIGHTING FOR,. THERE ARE MANY OTHER ISSUES AND FOR THAT ALSO WE NEED TO CONTRIBUTE IN MUCH SMALLER AMOUNTS EVEN AFTER OUR ISSUING ARE FIXED. THATS COMMUNITY.

    Finally one question to ALL.
    If we see a good action plan from IV Core and a date, how much are you willing to contribute.I am now ready to do $2000.00 instead of $500.00 as I said before. I am not very well-off to do this much (my friends are, though). But this looks to be nothing when compared to the loss many faced waiting 5-10- years. So I will do.
    Feel free. Remember how it feels like if you get it. and dont forget how much you are spending now for different immigration related issues. How much are you ready to contribute to IV.




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  • Ushakiran
    05-10 01:28 PM
    Apparently, that guy is from ROW, and pretend being an Indian. otherwise, why he does not know India itself is a huge country with so many different languages, cultures, etc? isn't that diverse enough?

    EB based GC should NOT have Quota (.) We are already IN the system. How will it effect diversity. Diversity visa are meant for divesrsity. EB is skill based and only skill should be cared for,



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  • waitingnwaiting
    02-15 09:08 AM
    How about we ask our lawyers to contribute for this event?




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  • gcsomeday
    06-26 06:13 PM
    record conversatios with these jack ass employers. It is surprising how much crap and illegal things they tell and do during negotiations. Not sure about the legality, would not harm if you dont use it. We keep seeing news on people getting screwed and then when outed the victim is not usually screwed by the system again.

    Also, I wonder if any employment contract not tied to any reasonable time estimate( like 485 - who knows when we will get it) will hold.Its akin to slavery.



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  • 2ndJuly
    08-14 11:43 AM
    did you get any email from CRIS? Assuming you had a 'Y' for email.
    GCCovet

    Yes I got two emails from CRIS for each application as "Card Production Ordered"
    and a third email as "Approval Notice Sent"




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  • vbkris77
    03-06 04:44 PM
    Great job Mirage, if they can lift country cap for 2 years and work per law, it should resolve all the issues. Per their stats they published to DHS, they have 250K EB applications pending, even if you add 100K applications for the remaining, it should clear all the backlog.

    Ofcourse CIS can kill it by saying FBI name check etc. But they can't do it for 250K applications pending. Even though I haven't filed my 485 yet, I support this.



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  • supers789
    05-12 07:08 PM
    Hoping to get some direction / response from IV core.. surprisingly quiet CORE grp this time..




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  • mchatrvd
    08-26 03:55 PM
    I will also suggest guys waiting with their PD current to write to the USCIS Director in DC. I did that; not sure if that worked in my case, but one needs to explore every way of bringing their case to the attention of the management.



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  • mirage
    03-06 04:34 PM
    For me country cap was an important issue, so I started a focus group. If you think filing I-1485 is more important than start a focus group, you may find 100s who will support you...you can start a yahoo group
    http://groups.yahoo.com/

    If there is no bill flying now and situation is tough, then you are attracting too much attention when everyone is against immigrants. God forbid they decide to punish immigrants more due to this by more anti-bills.

    You would be safe because you have EAD. But what about those without EADs.

    If you really want to do something then help us allow filing I485 when visa dates are not current. So that everyone gets EAD. EAD is lot better than H1B and this will be a temporary relief. EAD gives so much protection than H1B and that should be our #1 priority.




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  • beautifulMind
    10-08 05:24 PM
    So you are laid off so what is the big deal? You should be able to negotiate somehow or escape layoffs by doing something or the other. There are people in my company who survived 6 layoffs. Your layoff is your problem and nothing is fair in the globalization.

    Actually my company went bankrupt and eventually everyone got laidoff...


    I have paid taxes to this country for 9 years now and I deserve a GC.

    We have had to give up our dreams stuck at the same job for 5-6 years..Did not take promotions, pay hikes with fears of screwing up the GC process...many got laid off....

    The process is just screwed up..no other country follows it and it is the same process from last 20 years...




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  • kg318
    04-23 10:00 PM
    Your case is not very clear..How can attroney can advice without reviewing the non-compete agreement?

    Non-compete Agreements in New Jersey

    Should you sign that non-compete agreement?

    It has become fashionable for employers of all types and sizes to require their employees to sign non-compete agreements. These agreements range from very narrow to very broad in scope. A non-compete may bar you from working for a competitor, using or disclosing trade secrets or other confidential information, soliciting customers or recruiting the your employer�s customers. These restrictions generally last from a few months to a few years. Because signing such an agreement can severely restrict your future employment options, you (and your attorney) should review it closely before doing so.

    Can you be fired for refusing to sign that non-compete agreement?

    Yes, according to the Supreme Court of New Jersey. See Maw v. Advanced Clinical Communications, 179 N.J. 439 (2004).

    Will a New Jersey court enforce your non-compete agreement?

    Do not make the mistake of thinking that you can sign an agreement and ignore it later. New Jersey Courts routinely enforce non-compete agreements that are �reasonable� in scope. A non-compete agreement will generally be considered reasonable if it (1) protects the legitimate interests of the employer; (2) does not impose an undue hardship on the employee; and (3) is not injurious to the public.

    What will happen if you have signed a non-compete agreement that is not �reasonable�?

    If the geographic and temporal restrictions in your non-compete agreement exceed the boundaries necessary to protect your employer, a New Jersey court may modify the agreement by reducing those restrictions to make the agreement reasonable. See Solari Industries v. Malady, 55 N.J. 571 (1970).




    Guyz, i met attorney. got copy of non compete agreement from a co-worker. I feel kind of releived after what he said.

    As per him, every non-compete agreement that is signed cannot be neccessarily enforced in the court of law. If the sole purpose is to avoid ordinary competition, it is unreasonable and unenforceable. If the agreement is ever challenged in court, the most important question, which will be posed from the Judge to the employer, is "What is the legitimate business purpose that is served by this non-compete agreement?"


    Now as h1b employees, as every one knows we r not the key personnel in the company. we do not carry with us any trade secrets or confidential information which might harm their business.

    AS per him the higher up the "food chain" an employee is at a company, the more willing courts are to enforce non-compete agreements. Upper level employees are typically exposed to more confidential, trade secret, strategic and other information that gives a company a competitive advantage in the market place. The lower down the food chain an employee is, the less likely a court is to enforce non-compete and non-solicitation terms.


    Also non competes always have to give some profits to the employee, say a paid vacation, bonus or somethign like that. An employer cannot
    just make the employee sign it to restrict him from making better living and not give anything in return....


    Seems like these things are favourable to all the h1b employees.
    If any employer is claiming non compete to hold the consultant to his company, then even he should not take employees from competetive companies..... But r they doing it???????? We all know the answer.... IT consulting businesses run like that.




    eb3_nepa
    08-13 02:19 PM
    This is the latest USCIS scheme (read SCAM)!!

    Accept everything but issue notices at a snail's pace citing the "fee increase" as the reason for "front log" (btw what the heck is a FRONT LOG???)

    Until you dont receive the notices you cant avail of the benefits anyways. In the meantime, without any notice they change processing times and take away interim benefits as they see fit.

    Correct me if i am wrong but is the situation improving or getting worse?




    ramus
    06-18 06:52 AM
    How long you guys think it will take to get EAD and AP for June1st fillers..



    me too



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