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  • Originally Posted by mbdriver
    How wonderful that congress is finally introducing constructive bills to prevent 'consultants' mainly (but not only) from India from clogging up the H-1B visa system for honest skilled workers. The H-1B program is clearly intended for people WHO HAVE A SOLID FULL-TIME JOB OFFER AT THE TIME OF FILING THE APPLICATION. The whole body-shopping/visa abuse phenomenon is just disgusting. I wouldn't cry if any and all kinds of 'consultancy' activity were banned from the H-1B program. Someone stated that then they 'might as well lower the cap to 10.000/year'. Obviously not true. This bill clears out the infested issues of people illegally taking up visas on false premises. Good work!

    Part of the title of this thread reads 'even H-1 renewal will be impossible'. That is just priceless. No, H-1B renewal will be impossible IF YOU ARE NOT HERE BASED ON HONEST CIRCUMSTANCES. Anyone with trouble renewing H-1Bs after this bill should get a real job or leave if they are not up to that task.



    Stop judging whether someone is upto the task or not . There are so many people work for consulting companies and their green card applications are pending in various stages for years.

    Hope your so called fulltime job truly fulltime and pray that there will not be any lay offs in in fulltime employers company while your green card petition is pending.

    H1b can be applied even for temporary / part time jobs too.. try to get your facts correct.





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  • since u r the primary applicant choose option 1

    Thanks Priti.





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  • The requirement 2f is good and now the companies can not exploid the H-1B cap.

    The requirement 2g is good too. There are lot of consulting companies don't pay properly to the employee though they charge lot of money from the client. This requirement at-least restrict employer who makes lot of money and buying multiple house, playing in the stock market, drinking in the bar, doing research by sleeping.

    There are lot of consulting companies fake the resume and says that candidate has more than 5 years of experience but actually candidate has only few months of text book experience. How do you differentiate such people with actual experience?

    Personally, I hate the consulting companies who just aims to make money instead of running business genuinely.

    -Kuppa





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  • Dont worry about negative opinions of people..I urge EB3-I to post the letter first and then get into discussions..

    Action & Urgency!

    Come' on EB3-I

    http://immigrationvoice.org/forum/showthread.php?t=20147





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  • There is no point in dividing the forum. I think if someone wants to do something like this then the best course of action is to take this outside the forum or through PM.

    Lawsuits are not child's play...

    If you find enough people and have solid plan in place, I am willing to pay anywhere between $500 to $1000 towards the lawyer's fees....





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  • And Sir dontcareanymore, who are you to show people out.

    Please calm down, its ok if someone has ideas that donot match 100% to your ideas; your decency is in letting people speak and hear them still.

    friend.....Donot get angry, please.

    what a pity, we donot let anyone talk, speak unless they agree with us and we call ourselves educated, democratic....voice of immigration....
    may i dare say ...."we are not even close"..

    lets not fight, please. I am not blaming you sir, but the action. so please
    donot blast me, i know you are a wonderful person; i am blaming the action not you.


    You can't generalize everything. Do you care to show how this is as bad as labor substitution ?
    How about comparing the actual job duties of all EB2s and EB3s ? Not just what their lawyer says.

    Rules are made with good intentions and it is people that misuse them. But for the desi sweat shops selling labors , even the labor substitution has some merits in some cases (Again Not all).

    Again , I don't really care what happens with this law suite (even if that happens). Just wanted to impress that there are very good number of legitimate cases where the PD porting makes sense and it is required.





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  • :D1) Did you fart? Cuz you just blew me away.

    2) Are yer parents retarded? Cuz ya sure are special.


    3) My Love fer you is like diarrhea, I can't hold it in!

    4) Do you have a library card? Cuz I'd like to check you out.


    5) Is there a mirror in yer pants? Cuz I can see myself in em.


    6) If you was a tree and I were a Squirrel, I'd store my nuts in yer hole.


    7) You might not be the best lookin girl here, but beauty's only a light switch away.

    8) Fat Penguin................... Sorry, I just wanted to say something that would break the ice.


    9) I know I'm not no Fred Flintstone, but I bet I can make yer bed-rock.


    10) I can't find my puppy , can you help me find him? I Think he went into this cheap motel room.


    11) Yer eyes are as blue as window cleaner.


    12) If yer gunna regret this in the mornin', we kin sleep Til afternoon.



    13) Yer face reminds me of a wrench, every time I think of it my nuts tighten up

    And.... The best for last!

    14) I may not be Mr. Right, but I'll damn sure hump ya' till he comes along...





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  • This thread is very interesting to me. I've kind of lived though both sides, and it is really aweful for everyone but the abusive employer.

    My understanding of Immigration Voice's agenda is that this group is really for people who have H1B visas and are in the country already to bring their spouses and children here with full rights to travel and work, make sure renewals of H1Bs happen so you can stay in the country, and, even better, to convert H1B visas to green cards.

    My understanding is that the only reason that Immigration Voice supports increased H1B visa numbers is because people whose current visas are about to expire, and family members, are counted in these same numbers.

    Please correct if I'm wrong. I really would like to get this right.

    Anyway, if I do have it right, it seems to me that the AFL-CIO position (give people green cards instead of H1B visas) bridges the core concerns of members of Immigration Voice and the Programmers Guild. Whether or not everybody recognizes this is a different story, but it is good to know where the overlapping concern is, and hopefully in long term, get people talking about a solution that really does try to bridge the gap.

    Members of Immigration voice are already on H-1B and would like to become permanent residents. Family members come on a dependent visa H4. H4 numbers are not counted in the overall H-1B numbers as H4 dependents can not work. H-1B numbers do not have any country specific quotas and already exclude spouses and dependent children.

    Increase/decrease in H-1B numbers should be market-driven. This is my personal opinion.

    The bigger concern is becoming a permanent resident. Green card numbers are limited. There are country specific quotas. Spouses and children are counted in the total numbers. Because there are more H-1B people from India and China (mostly graduates of US universities or come on H-1B directly), the queue is longer for these people and it takes even longer to get a VISA number for these folks.

    Instant Green card is the Utopia. There are other practical solutions for this problem. I listed them in sequence of my personal preference. Others may choose differently.

    1. USCIS processing efficiency: Many of the delays are due to USCIS and related agency processing capability. If we speed up this and increase effiiciencies, the wait would be lesser.

    2. Allowing to file for Adjustment of status (I-485) without current priority date: This gives the employees a work permit and makes it easier for their spouses to pursue their own ambitions. After six months of filing for I-485, the employee is a free bird to choose different employer, for a similar job position.

    3. Pre-adjudication of Greencards: This completes the ordeal of USCIS paper maze even when VISA numbers are not available. Applicants will get Green card when the VISA number is available and in the interim they will get the work permit.

    4. Recapture unused VISA numbers: For the past ten years, USCIS never used up VISA numbers allocated per year because of processing inefficiencies. They should be recaptured and applied to the people waiting in queues longer.

    5. Not counting spouses and dependents: When they come into this country, spouses and children are not counted in H-1B numbers. It does not seem logical to count them against VISA numbers while giving permanent residency. Spouses and children should be skipped from this count.

    6. No country based quotas: Again the same argument. When H-1B holders come into this country, they are not discriminated by country of origin. While applying for permanent residency, they are in strict quotas. Why put this restriction for Employment-based immigration? It is not logical and there should not be any country specific quotas.

    7. Exempting STEM: This is in the SKIL bill under consideration. Those with Ph. D, and Masters in Science/Technology/Engineering/Mathematics are allowed to adjust their status without waiting for VISA numbers.

    8. Increasing VISA numbers: This is a quick fix solution. What guarantee does it give that we do not find ourselves in this immigration mess again after five/ten years?

    If AFL-CIO supports these initiatives, it would be great for the cause of Immigration voice.:)





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  • This person hiding behind the user id "Rolling_Flood" is an extreme selfish person. The whole idea of our community is to help each other and to provide support & guidance to each-other. Instead he is trying to stop others from getting this advantage, trying to make us believe that EB-2 is his birth-right. I am in EB-2, but I do not support this selfish fox, he will harm the IV community exploiting 'divide & rule' policy. :mad:

    I echo you, Very well said.

    This guy "Rolling-flood" has not contributed anything positive like lobbying for removing country quota and recapturing of un-used visa numbers, instead he actually wants to cut the line by stopping others taking the same advantage that he is trying to take. If such rules are not there, no one needs to do pd recapturing or changing categories. I have my juniors with less educational qualification, from my neighboring countries who started the process and got GC in less than 16 months straight. isn't that injustice to me - did I have choice to select my country of birth?

    BEWARE of this fellow. He may have wasted interests in making IV members fighting amongst themselves.:mad:





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  • :p :p I like this most. Lets move on...

    Let�s worry about our survival rather than the survival of TCS, Infy etc.





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  • Unitednations,
    I read your replies and it seems you are ignoring some facts and are forming a one sided opinion.

    -----------------------Not really; i have much more knowledge on this then everyone on these boards. I'm just hesitant of giving very specific examples as it will give some people more information then they need to know.

    - Why did USCIS allow labor substitutions? Why did it take them so long to stop it? Why did they wait until after July 07 to stop it. Were they not allowing people to use this back door and lawyers to make money?


    ------------------labor subsitution issues seemed to be confined to a specific industry, specific people. People thought retrogression was going to go away. Did it go away? Main issue with EB is more people then # of greencards available. It may change the ordering but not the number of people going for greencard.

    - If consulting is a problem, what were they doing in the past few years? What are they doing now? Do you think just a few raids once is enough to stop the problem? Why can't they enforce their own laws so that they punish the companies and not the immigrants.


    ------------------------------------they are your sponsorers. They are the reason why you are here. Without them; you are not here. If they are not following the laws the way uscis wants then they will make it difficult for them. They are going hard after them to directly go after you. Don't you guys understand that?



    - Why is USCIS making paperwork difficult. Why can't the system be simple like Canada or Australia so that we can do our own paperwork? Why are lawyers in the picture?


    -----------------------------Those systems are designed becasue they want people there. USA system is not designed for this. Increasingly; it is becoming apparent that uscis/government is becoming hostile towards immigration. Once; they determine they actually want people here then they'll make it easy.


    - If they find problem in consulting, why are they not going after Tata, Wipro etc. Don't tell me these companies are clean?

    --------------------------------------who says they are not going after them. they are all getting a healty case of denials. Main issue is they are thinking there is fraud in IT. IT is dominated by people from India. Kill staffing companies; then you kill h-1b.


    - Why is USCIS so disorganized without good IT. Do you think other agencies are also same? Do you think USCIS does not have enough money?


    ---------------------------------------Problem is that with the myriads of laws and USCIS discretion in following laws; there is no perfect IT system since much of it is related to adjudicator discretion.

    - Why can't they ban DV lottery? But go after H1Bs. You will say to do that law must be changed. But at least go strict on whom you approve once they are selected in the lottery. Are they not bringing lot of criminals, fanatics, unemployed and uneducated poor through DV.


    -----------------------no idea. I do see that people talk about "highly skilled". There is no definition of "highly skilled" in immigration. Skilled worker is job that requires two years of experience. I bet just about every person coming through DV or family base would meet the definition of skilled worker in employment base sens.

    - Why can't ICE do their job of enforcement and round up illegals. If they were strict we will not have so many illegals or the problem of illegals.

    ----------------------who says they are not. It is just a different perspective of what people think they should go after. Right now DOL is visiting consultants at their end client locations and interviewing them.

    The questions will go on. But you need to step back and think more from the perspective of a applicant waiting for his GC or H1B .

    I was one of you and I mainly deal with many of you guys. Unfortunately, people want to come into this country in many different ways and just because we want to; doesn't mean they are going to let us.

    btw; see --------------------------------for my comments.





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  • I don't know of any religion which touts killing on innocent people just because they don't believe in your ideology which for me is the biggest crime against humanity.

    I know.





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  • This is an interesting bill and I feel it'll pass. There are lot of gotcha's but there are some good things. I'm glad to see H1-B rights and whistleblower sections. This was way past due. Really, this is more of a culmination of those few employers who have tried to exploit the system / employees.

    key points to ponder:

    - Finally IRS and USICS have come together. !! .. thats a big blow to the body shoppers ( may be a good thing)

    -> 50 employees cant have more than 50% H1B's. I think this will basicaly create many smaller consulting companies nothing else. This I don't like .. could be bad for genuine businesses.

    I hope it doesnt, without any amendments. Maybe a friendlier bill with strict H1-B rights would be nice.





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  • This will probably be my last video post :)

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  • I think we all agreed that the letter contents were somewhat pre-baked. The letter campaign was a idea in the right direction.

    And mind you, we are now very active not because EB2 is moving, but because we now have concrete proof that the system was changed this year. I had my doubts, and had been asking about it for a while now, but all of the people said, "no you are wrong, the spill-over is working as it should, and as it always has". We have just recently realized that we were being misled, and there indeed has been a change. That is the reason we are being active.


    Yes, you agreed that the immigration system needs to be overhauled, but the only relief in sight is for EB2 folks.. There is no legislation that will help EB3 backlogs. Recapture will again help Eb2 folks, and given the new "pecking order" that has been wrongly put by USICS, Eb3 will never truly benefit from any of these bills.

    IV has its goals, as any organization should, and we fully realize that it can't keep everyone happy. However, some of you are stopping voices of others from being heard -- which is fine too. IV is a private organization that can choose to censor or restrict some kind of activities. But when you do that, you can't hope that everyone will support the organization, and believe everything that is being told to them.

    What you have said is completely incorrect. EB3I stands to benefit the most from visa recapture legislation. The last time visas were recaptured was in 2000 through the AC21 legislation and as a result of the 230K or so visas that were added to the pool, the USCIS was able to keep PDs for all EB categories, EB1/2/3, EBI/C/ROW, everything current for nearly 4 yrs until 2005 when those extra numbers ran out and retrogression hit. I should know, I could have filed since 2002 but delayed because my less than knowlegable lawyer advised me when you file does not matter. I did not know didly about PD in those days.
    Anyway, when you say visa recapture does not hep EB3I, that is patently FALSE. En Contraire, it is the ONLY thing that can help that category.





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  • Its important to understand the root cause for the retrogression. Illegals dont have categories and categories in the EB GCs are there for a reason. It makes a world of a difference for somebody who is EB2 or EB3 if the person was from say.. Bangladesh. If EB2 he is all set if EB3 he will be languishing here. I am EB2 and am in trouble because of CONSULTANTS and yes I have a problem with that.





    Fighting between EB categories shows how shallow our debates can turn out to be! Rhimzim & all, do the illegals differentiate between meat packers, seamstresses, window cleaners etc.? Why waste time and energy?





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  • can some admin close this thread





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  • This guy changes sides based on the audience, check out his latest rhetoric, looks like he is feeling the heat from the results of the current elections:

    ...Zakaria refers to "CNN's Lou Dobbs and his angry band of xenophobes" and Jonathan Alter describes those who agree with me as "nativist Lou Dobbsians." But Alter and Zakaria are far too bright to not know better. I've never once called for a restriction on legal immigration -- in fact, I've called for an increase, if it can be demonstrated that as a matter of public policy the nation requires more than the one million people we bring into this country legally each year.....

    http://www.cnn.com/2006/US/11/14/Dobbs.Nov15/index.html





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  • Oh! you were so saddened and shocked about the killings happening far way!
    And you condemned the killings of innocent people in Mumbai by Pak terrorists (Though I checked and didn’t see any post from you in that thread)

    Where you shocked when religious fanatics attacked and killed poor tribals in Orissa? The government itself accepted that 50,000 people fled the villages to forest? Even nuns were raped. These are not reported by CNN/Fox, but by all mainstream news media in India.

    OR you get shock only when people of your faith are involved, ONLY when they get killed (and NOT when they go on a killing spree)?

    I get shocked only when the world watches the massacre silently and doesn't stop the killing. By the way you couldn't find my post because "Mumbai attacked" thread was deleted by moderator after several weeks of discussion and racial insults.





    WaitNwatch,

    No. How about you:can you show a study and correlation between outsourcing and salary stagnation ?

    Let's be honest and realistic, do you believe that by bringing more workers, how long that would prevent companies from offshoring jobs ? It is true that by not bringing more workers, companies would be more willing to offshore. In my view, companies will offshore regardless in the future. With or without cheaper labor here, they will be tempted to go overseas since the savings are significant, am I right ? At that time is when people has legitimate concerns to control the numbers of newcomers.


    Your logic is getting a little simplistic here. I will try to explain the best I can and this is my last post on the topic. Here are a few points. Try to link them together and you will get a sense of the whole logic.
    (1) Companies outsource because of cheap labor.
    (2) Companies also look elsewhere when there is a shortage.
    (3) There are areas other than high tech (e.g. science, mathematics, biotechnology) that need people from outside (including fresh US university graduates).
    (4) Other countries will catch up with the US if cutting edge companies donot find enough STEM people.
    (5) These other countries with more logical immigration policies will attract talent and the companies will move there.
    (4) Graduates in STEM need to get H1B after their practical training.
    (5) US does not produce enough STEM graduates and cannot entice foreign students if there are no H1B's available when they enter the job market.
    (6) Outsourcing of top science jobs are not only lost jobs but also cause collateral damage and reduce other jobs dependent on that job.
    (7) Without the supply of high quality graduates the companies lose their cutting edge and start cost cutting instead of innovating.

    There is a national research council report which may be available from the National Academy of Sciences. Foreign STEM's are desperately needed and non-availability of H1B visas means fewer students will come as they are uncertain of getting a H1B. Here is an Indian example: The IIT graduate will go to Bangalore and earn enough from day 1 to own a nice apartment, have a chauffeur and a maid. On the other hand you want him to come to the US to work 6 years on a Ph.D getting a student stipend and no guarantee to stay and work. If you think this top brain will come you should be living in the world of Peter Pan.





    Hey Chinese! can we have more of the following here (http://www.washingtonwatch.com/bills/show/110_SN_9.html#commentform).

    I am almost 7 years in this country and have paid hundred of thousands of dollars in payroll taxes, and now stuck with the EB priority date.

    I want to say there are many good things going on in the world. Many people take the technology advancement and good life for granted, but behind the scene, there are many people who are doing the real hard work, and we are part of them.

    The reason I came here is I thought this country can turn my talent into fortune and create opportunities for many people. My college roommate in China created the Linux Virtual Server in his PhD thesis and still leads the LVS project. The government covers their 100% medical + 100% housing + 80%-100% pension. But if he did that in the States, he would be very rich and can achieve more goals.

    The current immigration system is neither pro- nor anti-immigration. It is just a limbo system. Everything getting in is just stuck there. Some of my friends have gone back China because they don�t want to wait.



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