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  • Law clearly tells that there should be valid job position for H1b at the time of filing. For consulting bodyshoppers will bring persons here and search for job. That is clearly violation of law.

    Contract job has to be filled in weeks. But, it takes months and years to get H-1B approved. Thus, contracting is inherently speculative. This means, start date of a new H-1B contract and all following contracts, are not guaranteed.

    Difference between Job shops and reputed Companies

    Indian body shoppers employ a H1b Persons and many of them are in hourly. No project then no pay. No pay in bench is violation of law and both employee and employer are willingly accept that. So our body shoppers are attractive destination for GC aspirants.

    The companies which follow rules are forced to pay bench or lay off. Companies may be under risk of heavy loss when there are too many people are in bench. That means companies which follow rules and regulations are making loss in tough times at the same time Body shops always make money and worst case scenario no loss no gain.

    The revenue generated by a contractor is from his/her billing only; it is hard to calculate this amount for a non-contracting company like Intel. All contractor overhead (salary, benefits: insurance, H-1B/GC fee, ) and company profit have to come from this billing.

    Still Desi companies are not following Labor laws.
    I know a company in OHIO still exploiting H1Bs ... but payroll being generated.

    Most (all?) US contractors are not paid on bench. Neither are they paid any benefits. (If they get paid on bench and/or benefits, it will be from the fixed overhead of their billing leading to smaller pay check: you are getting the same amount whichever way you want to spread it!)

    This inequality was known by everyone including USCIS.

    This means, that benched H-1B will stop getting paid on getting GC. Is this equality?

    The 20% fraud/abuse that Slumdog Ron Hira barks is violation of such garbage-based laws created by him and Matloff. Another one is H-1B can not pay (some parts of) his/her H-1B/GC fee.

    The only genuine laws are H-1B is paid (ignoring bench but including H-1B & GC overhead) below prevailing , company does not exist and H-1B is working in gas station (and increasing competition for Hira/Matloff's thorough bred US born asses).

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  • Please, they do not pull aside every 'Khan' in the world. Yes, things seem OTT every now and then with an amount of drunken patriotism -- and you may come across an occasional "Voldemort" from the INS. However, can you place blame solely on homeland security? We live in a global world / economy of nearly 6 billion and every day visitors with trade of varied kind - surely you cannot expect the avg Joe at homeland security to know every zero talented b'wood hero out there?! I'd also urge you to look at the brighter side of the coin - of the various programs in place to have African Muslims, Arabs and the Iraqis being moved into the US, by giving them jobs, homes and permanent resident status. Likewise with Afghans, and the visa diversity program. These folks have names like Abdul, Osama, Khalid and Khan. So please, tone down the b'wood inspired sensationalism - view things in context.

    When you choose to visit America or any foreign nation, national security & well being override celebrity status - period.

    Now, I find it interesting, whilst detained at EWR, Shahrook Khan called the Indian Media in 'protest'. Perhaps positive PR for his new movie - 'My name is Khan' that's apparently about racial profiling in America ..hmmm?! Alright, now that is talent. Unethical, perhaps, nevertheless, talent, I think.

    I just have to say one thing about you. You were born with a slave mentality in a third country. Its been passed to you from generations. You will go any length to prove your masters are fair and honest and its not your fault. You never experienced free, your own country by your own admission. So stop blabbering and justifying your masters, we dont buy it.

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  • Thanks !! I had a quick question ..the rules for the spillover, is that a law or does that depend on USCIS or DOS ?
    In other words can they change the rules for spillover once again ..say next year ?

    Hmmm...that's the question everyone is asking and I tried to read the actual law on this. I am not a lawyer, but what I can interpret is this: The law does not say anything about the "primary handle". In other words, if there is a spill over, should it be confined to the categories or to the countries... (which is a 'stronger' limit: per country or the category?) and this issue is not addressed specifically and that's why DOS has decided to interprete it differently now....
    So in short, you are right: it is purely an interpretation from someone in DOS and it may change

    I still feel there is small hope for EB3-ww and maybe even EB3-I ...majority of the EB2 cases were filed during july fiasco ..what if they have not been processed yet ? i.e. they will keep moving the dates fwd till it becomes current (if that still does not use up the visas) ..then they would move EB3-ww dates fwd ..once again this is wishing and dreaming :)

    That is actually a wishful thinking, and eventhough a long shot, it is possible with USCIS (anything is possible with them:p)

    But remember, if they use up this year's numbers by sept, they will retrogress everything again till the end of next fiscal year and that buys them another year to process those applications (without the worry of dealing with any new 485s due to retrogression)

    They will think several hundred times before making EB2 current, because that will mean a new round of applications (everyone with PDs in 2006 have filed their 485 already any way, and so current advancing of the dates was a calculated move not to allow any new filing).

    But as I said above, anything is possible with USCIS:p

    Good Luck to all of us...

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  • Can anyone recommend any good IT consulting companies in Canada?

    I need a permanent job offer to qualify for the points but most of the jobs for my skill set are either contract jobs or for relocation to USA. Please help.

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  • Hi Guys,

    Can you please post Media Links on this issue .. (CNN, ... etc) Thanks

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  • Folks, let's not stereotype desis or any particular race. I ran into this Malaysian couple of Chinese descent who approached my wife and I at IKEA in the Chicago area. They tried some of the same techniques as described in this thread...
    I was very surprised and confused because we had no connection in terms of race, native language, or look. I am hard core - lungi-dhari desi :) So you see it's the Amway/Quixtar/BWW culture and nothing to do with any race, regionalism or language. My $0.2

    I don't think anyone was suggesting that race or ethnic background has anything to do with it. There was no suggestion that the Amway bug bites only Desis. The Amway bug can bite anybody regardless of their background. All are vulnerable.

    Yet, the fact of the matter is that the Amway bug has bitten more than a few people in the Desi community, and those individuals are actively trying to lure others. And from what I've seen and heard, they primarily target other Desis. We should be aware.

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  • IV needs to bring up Charles to the podium and have him answer our questions.
    Because his statements do not make numerical sense.

    If he cannot answer our questions, we need someone else to take his job who can.

    I am pissed.. are you?

    I think as someone said this guy was randomly throwing numbers out there. How come his analysis does not account for remaining 36K EB1 and EB2 ROW applications. Is he suggesting that all EB1 and EB2 ROW are being used up also. Very hard to believe that for 2008 and 2009 with the way the economy is going. Lot of product companies where most of the ROW 485s would likely come from have stopped applying perm since last summer. There is a huge flaw in this analysis and its not as pessimistic as it seems.

    BUT, then again we need legislation to wipe the slate clean and clear these 200K applications, so there is a new build up of visa demand and wait times are tolerable for current applicants and future applicants.

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  • What ever gave you the idea that EB ROW only wait for 3 years?

    i said on an average.. and that is the fact.. ROW is way better off than India/China... there are always exceptions...

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  • Did you ask you lawyer? It's so much easier to criticize.
    My immigration lawyer laughed when I asked about a possibility of filing WOM to force action on my stalled I-485. So I proceeded myself. Yes, I did many mistakes but I ultimately prevailed. AILF lawyer and Assistant US Attorney could not believe that an ordinary programmer can write quality legal briefs and challenge the government. Some of my friends did not bother with WOM and are still waiting while others followed and received green cards. If you think outside of the box, you can achieve something others could not.

    Congratulations!!! I think you really did a great job.

    But what we are discussing here is class action.

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  • dilip,

    i am not debating you point of view, in fact i agree that with the darwinism concept and hope the down economy brings gc to good & talented folks. your rollercoaster ride was from Mar 2001 to May 2003, about 2 yrs. in the current scenario people are waiting for 8+ years and most of them like myself at least 3 yrs. the situation is indeed different this time around with labor substitution, L1, porting etc. causing delays for earlier people, that's why you see more venting this time around.

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  • nope. The august bulletin which gets released mid july didn't get into our arguements at all. We were specifially talking about july filers and july month.

    Yes, i agree that if August bulletin retrogresses than that affects only august filers and not the people eligible to file in july.

    So regardless of what August bulletin says, USCIS can just, on a whim stop accepting 485 petitions in Mid July just because they have received "Too many" and the mail room clerk is tired ? I dont know but it really does not sound like something USCIS can do on a whim without publishing a change in the rule first.

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  • hey anyone know why since democrats have taken control of house, senate, they havent uttered a word on immigration? last year there was so much noise on tv regarding immigration but none at all this year. i wonder what is going on.

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  • I am working for Company A and company B wanted to provide me with pre-approved labor of EB2 category with priority date in July 2002. The Company B's pre-approved EB2 labor was for a Master degree with salary of 80K. I have only bachelor Degree but with more than 8 years of experience in IT. My I-140 has been approved with the present employer company A but it is EB3.

    Is there any possibility to take advantage of the company B's pre-approved EB2 labor certificate considering more than 5 years of experience as a qualification though it requires a Master degree.

    Thank you.
    Based one information above, I would not go for this.

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  • "Tomorrow if we or our generations are getting killed in the US, would you say the same thing" ....

    Of course yes! If our generations are US citizens, US govt should take care of them and if they are part of any terrorist organisation, they should be treated the way terrorists are treated.

    "Country needs to care about its people" ... Its is in your quote ... Issue is about Srilankan's and their goverment should take care of it, NOT India. I don't think any one has a doubt about how LTTE should be handled.

    Agreed but some Govt. fails to do so. IF Govt. were acting resposibly , World wouldn't have seen the WW1 and WW2 and Bosnia-Serbia crisis and countless other masscare !

    One should understand difference b/w ' Srilankan Tamils' and 'LTTE'.

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  • Then fight for changing that constitutinality. Who made it? Why did they make it the way the made it? Slavery was supported legally way back.. If black community might have thought " They do not have a case" as somebody has created the constitution to suit their own need and "within the framework of that legality" "they do not have a case"... then still we may be seeing slaves around.

    I understand your point that we are not yet "citizens"... but for many fair practices society must not differentiate.

    BharatPremi, as I explained to at0474, I don't see how we can fight a law in a court (maybe we can). If a law is not implemented then we can get justice from the courts.

    For changing the law, we as IV lobby congress and meet lawmakers. This is a different issue from the intent of the OP which was to challenge the legality of country quota. Seems like country quota is within the law.

    I think even as non-citizens we can meet lawmakers and past experience (not IV related) suggest they will listen.

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  • My suggestions:
    "Door slams shut for highly skilled LEGAL immigrants in the US"
    "US closes the door for highly skilled LEGAL immigrants"
    "US isolates highly skilled legal immigrants"
    "Broken Legal immigration system harmful to US competitiveness"
    "Legal Immigration system in shambles"

    "Flip-Flop: DOS & USCIS in cahoots?"

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  • Hi ,

    My husband is a GC holder. For some family reasons we would like to stay in INDIA for couple of years(or maximum time we can). I know we have to apply for a reentry permit. Is it a tough one to get and how early should we apply for it.

    Thanks in advance

    From Murthy.com Article:

    In order for one to be considered as properly maintaining LPR status, a green card holder must be maintaining a permanent residence in the United States. If one is outside the U.S. for a period greater than either six months or 180 days, the immigration inspector may start questioning whether the permanent residence has been abandoned. Being outside the U.S. for such periods of time can also be a problem when applying for U.S. citizenship.
    If such an individual just makes an annual or biannual visit/s to the U.S., it may appear over time that s/he is spending more time abroad than in the U.S., and actually is living and working abroad. Then the individual is at risk of losing LPR status. If one plans on an extended stay outside the United States, it is possible to apply for a reentry permit before leaving the U.S., valid for a maximum period of two years. Such a permit would greatly facilitate reentry to the United States.

    It should be a doable process provided all the required proof/documentation..

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  • If I am in the fourth/fifth year of my CA PR when I decide to go to CA, will I be allowed at least in the country.

    Another question was if I am in my 4th/5th year and know that it might take me another year before I go to CA, can I apply for CA PR again, even when I already have my CA PR OR if I apply for my CA PR immediately after my current CA PR expires, would I get it again (assuming I have the necessary points)

    Thanks again to everyone who tries to shed some light.

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  • It's a strange fact that he came back to power.

    The guy, his son and his team have been looting, destroying, killing (political killings) on the scales of mafia never ever seen in the history of AP.

    I repeat that again. Good riddance. Wish his Son was also part of the chopper trip...that would have been complete liberation.

    For “dealsnet”, politicians are diplomatic, that is how they have to be, and behind their minds they might have a different plan and agenda. Why should we anonymous people be diplomatic? And why should we be afraid to speak?

    If you have a personal interest in Congress or YSR say your sympathies and talk about it. No need to preach and say that others are not responsible. I think at least in this forum we are educated on a level basis.

    And for closing yesterday’s thread on YSR, you people should grow! Immigration Voice is just one among thousands of other web sites and if you believe you have a point, talk about it.

    Mine and my spouse I-485 has been current for over two months, We are on EB1 and our I485 receipt notice date was may 8 2007. The center is currently processing aug 2007 applications. My lawyer sent an inquiry 60 days ago and there has been no response from USCIS.

    Please advice what i could do to find out why my processing has been delayed.


    You can call the USCIS yourself or ask your attorney to do so or make an Infopass appointment to find the status of your application.

    My son recently finished his high school and wanted to do Dental degree in India. My current situation is I have applied for adjustment of status in July 2007. Me and my family got the EAD and AP. My priority date is Eb3-November 2005. WIth this mess, I am not sure when I will get my green card.
    My question is:
    Can I send my son to India for his studies when the adjustment of status is pending. Will it be considered as abondaned if he is out of US when the adjustment of status is in progress?.
    Is there any specific forms for this type of situation so that he can go for studies in India and continue the adjustment of status.


    If your son has a AP then he can go study in India so long as he comes back every year and renews his AP. If he continues to do this his status will not be considered abandoned.

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