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  • Current homeowners who are waiting for their GC MUST also be exempted from cap. This clause has to be there. Without having any gurantee of getting GC these folks have invested their savings in buying home even when the prices were high, WHY because they had real intent of making US their permanent home. So these people should too be exempted from EB cap.

    Senator DSLStart,

    At the end of your post, you forgot to say - 'I yield back the balance of my time'. What do you think this is, Senate floor, where you are proposing amendments? Laws are never drafted exactly what people tell lawmakers. The objective here is to gather attention to GC issues when they are considering proposals/ideas to resolve housing/credit crisis. Do you actually believe that this language/proposal will go as it is without any change, without anyone discussing it? In the ideal world, if you live near a Walgreens, you first create a perfect idea/proposal before sending it, and, in the real world you send out a good proposal/idea so that we do not miss the bus. Why make "the perfect" enemy of "the good". Let’s first get the word out that this is a possible viable suggestion, I am sure before deciding, they will make sure not to be unfair towards you. Turn over to MSNBC.com live and see that they are having an urgent hearing on this right now. They will decide something in next 2-3 days. Lets not argue about who has the "real" intent to make US as a permanent home. Kindly let the Senators propose amendments, and not cause delay in sending out the message, otherwise everyone will miss the bus.

    Disclosure: For the record, I own a house.





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  • vdlrao, Thanks for the great analysis.
    I am using DOS visa statistics and I arrived at EB quota numbers for 2008 as 162,707. There were 22,707 unused FB visa's in 2007 based on the DOS visa statistics @ http://travel.state.gov/visa/frvi/statistics/statistics_1476.html
    Typically the actual EB quota for the FY is revised in the September bulletin. I am not sure if DOS has already taken into account the new EB quota number for the Aug bulletin. If they hadn't taken into account the new quota number then we should see some forward movement in the Sep bulletin.

    However the 28,795 AC-21 recaptured visa's U are talking about has already been used in 2002, please take a look at the below mentioned link for details regarding the usage of those visa's.

    http://travel.state.gov/pdf/FY2003%20AppD.pdf

    All the AC-21 recaptured visa's has been used by now.


    It does look like all the AC21 numbers have been used up. Even if you don't take this into account, there are 40,000 + visa numbers available for use before Sep 30th.
    Since we have been conditioned to receive only bad news for the past 3 years, we find it hard to believe. If this happens, EB-2 will get a good kickstart and with spillovers happening each quarter the dates should keep moving which vdlrao has been saying all along.

    I also suspect among the 3 Llofgren bills, even if only the per-country quota elimination bill could be enacted, enough numbers may reach some long suffering EB3 India members.





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  • what the heck is all this
    i cant even understand a single word
    is it going to effect the students who did their masters here?
    right now im working as a contractor i did my masters over here
    is it gonna effect me now
    :mad::confused:





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  • Hello All,

    I have one question.My employer is pursuing me to go for labor substitution
    which is filied in Feb 2004.I got my H1 from Oct 2006.My skill sets and experience is matching with the orginal labor application.
    It is not approved labor, but just labor application(EB3 application).
    Can anyone tell me the time required to get name transfer on original labor application ? and whether it is beneficial to go for it instead of filing under PERM process.

    Thanks in advance

    Captain





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  • http://digg.com/politics/Rep_Lofgren_Issues_Statement_on_Updated_Visa_Bulle tin

    please DIGG

    Thank you





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  • You moron coming from the slum region or any other place in Bihar.
    You don't know about keralites.
    100% Literacy.
    Living standard is same like Europe. (no other state have the facilities such as health care and standard of living like Kerala).
    It is God's own country.
    Visit and see the details.
    Even the guys working in Gulf countries knows better than you and making much more than you. Go and see their houses.(multi storied), You are still in an appartment.
    Do you ????


    Mr.Nair tell me is it Gulf or Gelf. Do you still wear lunky in office or smoke peedi...enda peedi malabar pedi, enda CM EK nayar...he he :D

    If its GOD own country...what are you doing there. Are you renting it mr.Nair

    by the way how is omana kutty.





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  • Dilip,

    There are no excuses. You are closing the doors behind and trying to forget the path you came through.

    Have you heard about globalization? We are not there yet, but that is inevitable. People and humanity are beyond the boundaries of countries or governments.

    If a "low-cost" person can do the same job as you, and the employer is happy with the quality of the job, there is NO reason for you to cash-in more for the same job. Nobody is superior. Everybody deserves their chances, irrespective of their education or college or economic background.

    I can understand similar wordings from non-thinking public who never had to face real human issues or have seen dirt of poverty. But that coming from somebody who went through the hardworking path is unbelievable.

    Protectionalism comes from the mere thinking that, some deserve a better and easier life just because they happen to be "born" at some place, or because they happen to be there "earlier", and don't want to be threatened by smarter / hardworking humanity.





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  • You really think so?? The next PMs name is not even on your poll lists!!
    India and Russia have set examples to the rest of the world. How? well...
    Russia- by showing how communism can be at its worst
    India- by happily showing how democracy can be at its... you guessed it, "worst"
    Dont agree?? True Democracy, implies "for the people and by the people", right?
    well in India its a tiny bit different...."For the thugs and by the thugs" Now the word thugs vary in meaning depending upon the citizen affected... for some it might simply mean "currupt" for others "looters", for some others "dishonest" and for a unfortunate majority it goes to the extent of "murderers".
    Now.....still interested in wasting time with the projections for Indian PM??

    Couldn't be better....nothing is going to change. World would be a better place without these thugs. Waste of time.
    In my point the alliance in India - political porstitutes.
    Third Front - alliance of junkies...





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  • I hear you buddy but that is what America is and that is what makes America so great. The constant flow of immigrants/productivity growth through technological enhancements will always require you to keep upgrading your skills and hence your salary.

    The moment you were forced to enroll in MBA in an effort to upgrade your skills and hence increase your salary means American model and (comparative advantage) economics are working.

    The same thing happened in agriculture, then manufacturing, and now IT and other industries. It is inevitable!

    By the way, it is not dumping. Here is the real definition of dumping, "the act of a manufacturer in one country exporting a product to another country at a price which is either below the price it charges in its home market or is below its costs of production".
    http://en.wikipedia.org/wiki/Dumping_(pricing_policy)

    For your information, I like everyone was, am and will most likely continue to be affected by the outsourcing/offshoring/onshoring/immigration/technological innovation/etc.

    Finally protectionism does not work. Take a look at Detroit... in 1960s, 1970s and 1980s, the workers bargained for high salaries, job security, retirement benefit plans, etc., free and clear from any foreign worker competition. And now in 2009, take a look at what happened to these workers at the big three, to their house values, to their children's future, to their retirement funds, etc.

    After this do you really think you can protect yourself by closing the door behind you when that is the only exit door, in case you need one!


    Ivar and group,

    I think you guys are missing the plot here. Let me reiterate loud and clear. I am NOT against immigrants getting GC. I will not, even in my wildest dreams, claim that the recession is due to the H1Bs and L1s. That is complete baloney spread around by the anti immigrant lobby. My point is let the deserving the GCs soon and not go thru the mindless wait I went thru.

    Having said that I am for the following :

    1. If the outsourcing companies would pay on an avg at 80K per head for the "well qualified" people, I am even ok with their dumping their dumping the L1s here. Why is it that you guys are ok with the L1s being dumped at 40K-60K salaries ? Shuldn't they get paid high too ? This is what I am arguing for. If the outsourcing cos dont want to pay this rate, then keep them in the country of origin. No need to depress wages here. Is this a wrong thing to ask ?

    2. Grassley's bill may force some companies to move entirely to India or China. Isnt that good for India and China ? Why are the pro immigrants against this ? Some times I get the feeling as to who actually is pro and who is anti immigrant !!!! In adition, it may eliminate the many backlogs and help the deserving people here.

    3. People who have made a conscious decision to immigrate here have done so considering the standard of living as one of the primary factors in their decisions. In order to enjoy this standard of living, people have to constantly upgrade skillsets to remain competitive in an industry or move to another industry where mass interest is relatively low. Why should these people's lives, after all the travails, be impacted by the low wage scum outsourcing companies. Please remember these companies, like an other company on earth, operate only on self interest. No point in supporting such companies which in adition to the self interest principle also flout rules with abandon.

    4. In my opinion, self interest has alwyas resulted in the greater good of society. Do not confuse self interest with greed. Greed is what caused this financial mess. If people/companies operated with concern for greater societal good, they would have spent billions in concocting an AIDS vaccine for the children in Africa than to spend the same billions in concocting VIAGRA for the rich old men. Since employment based immigration debate involves companies' interests too, we have to balance societal good with some impact for the companies. My suggestion here is that let the outsourcers take the hit. They have always benefitted by flouting the rules. If your concern is way too high for your L1 brothers then you would find it prudent to bring in the law that clearly states "Pay high wages for the L1s or dont bring them in here". I dont understand what is wrong here ? Is it that I didnt convey my message across right or is it that people blindly support immigration ?





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  • i like this idea and you have my support.

    People need to understand that you need to give some to win some. I would like to propose to IV a kind of proposal that would be a win win for both the immigrants and the US.

    1. It is meaningless to fight for the rights of ALL the visa holders. Any such attempts would always be resisted by the anti immigrant lobby.
    2. Acknowledge their fundamental point of view that jobs are being stolen due to wage destruction and perpetual visa fraud by these outsourcing companies. Of course resist all these racist BS types. They are the just the noise in the immigration debate.

    My Proposal

    1. Support the Grassley bill in its entirety. If you notice it is those outsourcing companies that are making all the noise but not the genuine companies that use H1B for innovation purposes. These outsourcing neither follow the rules or spirit of the H1B/L1 visas nor provide much of innovation to the market place. There is no point in expecting them to police themselves. We have tried this and they are not here to play by the rules.
    2. In fact, provide the concessions to eliminate the H1/L1 visas for these outsourcers. In return, request visa number recapture for the H1Bs who are employed directly by the companies. I strongly believe that if you are a H1B employed directly by the company (not outsourcing cos), it is unlikely that you would be underskilled or underpaid. A few minor expections may be there but we can safely ignore these exceptions.
    3. Again, people may argue that some of the consultants are highly skilled too. If that were the case, they would have been or would be hired into a permenant position soon once the Grassley bill passes. No company would like to let go of a good performer irrespective of whether they are permenant employees or contractors.

    If you notice, some people echo the sentiment that the Grassley bill would lead to more offshoring. That in my opinion is absolute BS. Only low level jobs would be offshored and in my opinion a h1b visa should not be used for these low level jobs. The high skilled jobs would always stay here and they would not be under wage pressure. The best and the fittest would survive and get the same.

    I strongly believe that by providing these concessions, atleast the skilled immigrants would be sparred the trauma of this mindless wait for a GC. I wish to reiterate here that I am neither anti immigration nor anti any ethnicity. I am simply trying to reiterate that we need to lose some to win some. There is no point in the Indian style of negotiations of win all or win none. Let us adapt to the give some take some style of concession building. In this process, it is okay to give up on the interests of those blood sucking outsourcers. For this, I am willing to provide financial, logistical and intellectual support.

    By following this route, we prevent wage destruction which is what the anti immigrant lobby is clamouring about. It is a win win for all and a lose situation for the blood suckers





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  • I took upon a couple of new employess in 2004 October and trained them for couple of months as per my job requirement. The company later laid off few guys and substituted two approved labors with these two guys. They got their greencards last year, while I am stuck with a F***ing 2003 PD.
    I cant even say how mad I was over getting screwed like this, but hey, if there is any good left, maybe I will have my day too........

    I agree with your post here.....

    Many of us are not aware of the extend of labor subtituion and the impact that it has on the visa numbers .

    I personally know a case where 1-140 was filed in 2005, for a Labor which was approved as early as 2000.

    The person was able to get his green card in 6 months time (he has been in US only for 1 year, came to work with the Indian company and joined this new firm just to get his substitute LC) and ate away 2 visa numbers which a genuine GC applicant should have got.

    When there are applicants who are waiting for more than 5-7 years to get their green card and in some cases just to get through the labor certification process , isnt this grossly unfair?

    Advocates support LC substituion as it is just one more avenue for them to make more money. Unscrupulous employers support the LC substituion since it helps them to make money ( as I understand many of these companies sell LC) . Also same LC is used multiple times.

    The losers are genuine GC applicants who are ethical and companies which are ethical.

    As a H4 visa holder my life in this country has been so very limited that even opening a bank account or getting a driving licence is tedious as most people have no clue about H4 Visa-its limitations including absence of SSN and donot acknowledge ITIN number for many of the above purposes.

    We who are hindered by retrogression and the slow processing (actually no processing at all ) happening in the backlog centers should welcome this new legislation for Banning LC substituion.





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  • http://news.mainetoday.com/updates/008785.html



    Our message to Narendra "Nick" Mandalapa : Enjoy prison. Maybe on the inside, you can sell contraband items just like on the outside you sold approved labor certs.

    --------------------------------------

    Like someone said on the news article thread, the only difference between this guy and other desi companies (Desi means "of Indian origin") is that this guy got caught, while hundreds of other companies still sell approved labor certs with earlier priority dates.

    And all this illegal trade is much to the delight of AILA, who is pushing hard to keep labor substitution alive.

    What's in it for AILA? : Additional business of labor substitution. Now, for a few extra pennies, AILA would not hesitate to screw thousands of GC applicants waiting in line and enable the "Cutting in line" that happens due to labor substitution.

    So if you think AILA is a friend of immigrants (legal or illegal), think again. Its a friend of $$$. And there is nothing wrong with that. Everyone pursues self-interest. That is what AILA is doing. But dont misunderstand AILA as a champion of immigrants (legal or illegal). It represents immigration lawyers, not immigrants. On a rare occassion, the interests overlap, and that's good. But on many issues, AILA has a history of being very very employer friendly as far as immigration law is concerned, even if it comes at the cost of employees(immigrants).
    Logiclife -
    I would not say substitution of labor is totally wrong. I left my previous company after having waited for a labor over 2 years and helped find a suitable candidate, who also had the same level of education and experiance and was an exact replacement for me (Sr.Program Manager -designation). My (old) company which is fortune 100 company was not ware of this substitution business till i told them they should use it when they spent money filing it for me and i am not using it. while consulting companies also use it when the original person left and they have someone else to fill in that role..

    The concept becomes wrong when it sold and not really used for a replacement and i think those guys have to be identified like Narendra Mandalapa and punished.





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  • Here is the link
    http://www.murthy.com/news/n_elisub.html
    on more abt substitution





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  • Sending link to TX chapter now.

    RandyK (or any one from MI chapter) Can you send a link to Mi chapter too. I already fwded the link to friends at work.





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  • Dear sir/Madam
    This is my Question for traveling with advance parole.
    1. came to usa 1999 as b1 visa with my wife.
    2. change f1 student (my wife ) me f2 student depend after 4 months.
    3. apply for I-485 employment i am principle applicant july 2nd 2007 riceive date and notice date is august 24th 2007 .
    4. my wife apply i-824 july 2nd 2007 and she left usa july 14th 2007.
    5. i got Ead and advance parole august 30th 2007.
    6. i have not started work yet.
    7. i had apply for f1 student visa (change of status f2 to f1) july 15th 2007 but denied.

    so my question is my I-94 is f2 until d/s is no longer valied or not?
    because my wife left uSA after filling my I 485 , is there is any problem travelling with advance parole?
    my student change of status is denied so there is any problem to traval with advance parole?
    i have not started work yet so there is any problem travelling with advance parole?

    i will be really appreciated your kind answer please.





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  • You Idiot,
    When you keep updating this thread it keeps coming on top.
    I ignored it for a few days and finally clicked to see what the Fuck is going on here.

    Now it seems even moderators are joining this madness.

    If infighting keeps continuing on this forum and you keep discussing non-immigration related topics here, you will never get your green card. FOCUS!

    It is strange that you all want green card so that you live in USA but pretend to be SOOOOOOOOOOOOOOO concerned about Prime Minister of India and then start blaming each other..

    No wonder NumbersUSA etc are succeding..


    Pappu,
    Please remove my profile and user ID from the system. I can't be part of these morons. I shall get my GC when I shall have to get it. I am not here to discuss non-GC related issues. There are many more forums to do that.



    9-1-1, Fire Department, come soon!!!!!!!!!!!





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  • Asking for exemption from quota will cause this proposal to fail. My suggestion:

    Of the 10,000 available visas per year for EB5, only about 3k to 4k are being used. How about if one buy a house and give a minimum $100,000 cash payment (not credit in US), he will get a temporary greencard from the EB5 visa pool. If after 2 years, the house is occupied and owned by the same person without problems with credit, he will get a permanent GC. This is on top of meeting the requirements of the category he is in.

    Sorry for bringing EB5 in my comments.

    This is just my opinion.


    I totally suppor this idea. This shows that we can use our innovation to bail out US economy and we try our level best to help the country we have selected to make our home. As the saying goes - A friend in need is a friend in deed. So a citizen(LPR or to-be-LPR who helps) in need is a citizen in deed.

    Earlier most of the time we used to cry about our problems - like wife not able to work or we are stuck in the same job and not able to get promotion.
    I do not think anyone cares if our wife does not work or we do not get promotions.

    People would care if we are able to show that giving us GC would help them in any way.

    So this is one of the best way to show that we would be able to help our part to bring up the economy.

    Thus I myself endorse this idea. Thanks Nixstor for putting forward this innovative idea to show that we all love USA and want this country to be economically strong.





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  • Hi,
    I like the idea but I believe at this time it is crucial to continue participation in the letter campaign. If we do not get success through it, I will be glad to participate in the lawsuit. Also, like me, at that time there might be hundreds of people willing to be a part.

    Same here...I did vote yes for the lawsuit but let's wait a little for Admin fixes or the scaled down CIR version (if it happens).





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  • Dilip -

    Could you please respond to questions raised in my post, when you get a chance?

    I would like to add one more thing here - Employment based immigration is not merit based, it is driven by employer-employment unless you self-petition in Eb1/Eb2.

    You may be very much qualified, if there is no employer who is ready to sponsor your green card, you are out of luck, so please do not put argument that only best and qualified people get GC.

    I don't think it matters, but I am from college based in Kharagpur WB.

    Have a good day!



    ........
    ........
    1. If the outsourcing companies would pay on an avg at 80K per head for the "well qualified" people, I am even ok with their dumping their dumping the L1s here. Why is it that you guys are ok with the L1s being dumped at 40K-60K salaries ? Shouldn't they get paid high too ? This is what I am arguing for. If the outsourcing cos don't want to pay this rate, then keep them in the country of origin. No need to depress wages here. Is this a wrong thing to ask ?
    ......


    Where did you get that 80k number? You think 80k is good salary for that job, someone else may say 65k, I may say 90k. The salary, among other things, is determined by market forces. If you can't find enough people with xyz then company will be forced to offer more.

    As long as there are people who are ready to work on salary 52k (example), employer will not pay 70k. As long as employer is following all the legal requirements, no one can dictate salary for the job.

    I am a US citizen of Indian origin with background in Computer Science, Finance, and Business Laws. I have been in this country for 11+ years and I have seen so many changes in tech world. Nobody talks of sign-on bonus on H1B anymore. I am dot net architect and I am seeing lot of competition for jobs and this is causing downtrend pressure on salary. But, instead of, blaming someone else for the competition, I am taking it head on. We need to keep working on our skillset and employer will pay the salary. Like they say, for the right candidate salary is not a constraint.

    Let us not forget our struggling days of H1. The least, we can do, is to encourage our fellow immigrants who are waiting for their green cards.



    .





    I partly agree with you. But Employer petition is not the right answer to points based system. A fair way would be to keep employer based system of H1B (with portability) as an entry point in the country and criteria to stay. But allow self petition after say X years (4 maybe) of continuous employment at wages higher than prevailing wages and in your area of expertise. In that case Labor cert can also be eliminated because if you have continuous employment for 4 years, the business definitely needs you.

    So the process can be:
    May 2006: Come here on H1B
    May 2006 - May 2010: Work at wages greater than prevailing wage may be 10% higher
    June 2010 - Submit your W2s, paystubs, Tax returns, Application for Green card
    July 2010 - Get green card and enjoy :)





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