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  • Does this mean they have accounted for the people who will claer the name check hurdle after the recent memo? I was expecting EB2 ROW to retrogress based on that.





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  • That is the tragedy of India. Except Indians everybody has ruled India and still people have no remorse, no self respect.

    India is very difficult to rule. Thats why we outsource that. It is not a joke.

    Even after independence, Nehru had very strong majority goverment. Still he had a problems in ruling the country. He had lot of vision in economy, poverty, socialism etc.. But he and subsequent PMs (mostly congress) failed becuse of unimaginable local issues based on India's diversity and polygenious nature of the state. India is a victim of its own diversity and long/old (and strong) regional history. This diversity includes language, tradition, culture, food habit, religion, caste and so on. Therefore, India is victim of its own division and diversity. India is untied or born in 1947 because of British rule. Infact, there is no country called Republic of India before 1947. Indian constitution (or concept of united India) is brand new compare to regional history. Naturally, regional interest always prevails. So ruling India is still a new and uphill task. 60 years is very less to come to conclusion. Thats why, all congress PMs had failed in reforms. And now in the information age, India become materialistic, everybody wants everything. So naturally corruption increases. So one can not blame just congress alone for the mess.





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  • Thanks for the post. Is there such a requirement when there is a renewal of H1B ?

    There is no such requirement for fresh H1B as well as renewal as per Law. That is why we call it an ILLEGAL memo. We all need to fight this together.

    NB: I am not a specialist in law





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  • Sent the email to everyone from the list

    http://spreadsheets.google.com/pub?key=pptN-jEpAiyd3snslhPjBfw

    Sent one to my anti-immigrant congressman as well.





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  • I am sure the immigration officers might have got news about people from India make illigal entry into US when they come as part of some drama, dance, shows.

    Many "extras", dancers, musicians have vanished after landing in US.....check any local desi Indian resturant, kirana stores those desi working there are all illigal immigrants....it is not only mexicans but many from northern India states are here as illigal immigrants ....

    the easiest way to make entry into US, Canada is landing here as part of a show troop....few famous Indian personality have been detained and proved that they were tainted in human traffacking....Ministers, Movie Stars, SInger, Musical show organizers ....

    Many Desis have vanished in UK, Germany, Holland, US, Canada.... {I am not saying SRK is involved in Human Traffacking ...but Indian are and show is the most common option}





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  • Please explain why these (see above) will be more difficult if you have read it. What precautions / strategy our members can take etc.

    This memo, if followed, could stop anyone working for consulting companies (body shops) from getting H1 extensions or new H1s on the basis of lack of employer-employee relationship. People working for companies like IBM, Accenture, etc are still ok but people who work through consulting companies at client sites where the consulting company (employer/petitioner) only runs the employees payroll and has no control over an employee's day-to-day job responsibilities, are now deemed to be lacking an employer-employee relationship and hence may no longer get H1s (new or extensions).





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  • From pages 36-37 of CIS Ombudsman's 2007 Annual Report to Congress (http://www.dhs.gov/xlibrary/assets/CISOMB_Annual%20Report_2007.pdf).

    In the 2006 Annual Report (at p. 16, AR 2006 -- 02), the Ombudsman also recommended that USCIS assign visa numbers to employment-based green card applications as applicants file them. The Ombudsman continues to recommend that USCIS work with DOS to reinstate that process which existed in the early 1980s, wherein DOS issued visa numbers for both employment and family-based applications for applicants as they applied rather than as they were approved. This process would ensure that USCIS does not accept more applications than the number of visas available.
    With respect to the recommendation that USCIS assign visa numbers to cases as they are received, the process the Ombudsman describes was the process in place a number of years ago. DOS, which manages overall visa number allocations, modified that process to the procedure in effect today. It is their policy to allocate visa numbers to USCIS adjustment cases only as the point of approval is reached.
    However, through the tri-agency meetings, DOS explained that the modification to the program occurred in the early 1980s because INS could not adhere to the requirements to return unused visa numbers immediately. The Ombudsman understands that DOS prefers that cases are reported qualified for a visa earlier than at approval. In the last several months, there have been several suggestions on how to accomplish that task, but operational concerns remain. The Ombudsman hopes that USCIS and DOS can reestablish the older program with improved processing and technology to ensure timely and accurate reporting of cases ready-to-issue and to prevent the future loss of visa numbers.



    Yes. Agreed. But what this means is that if they approve too many cases then they may issue August bulletin with retrogressed dates. And that's fine because they can do that and everyone expects dates to retrogress either in August bulletin or in subsequent bulletin.

    Which portion of the Ombudsman report says that "In the middle of the month for which bulletin is already out there with current dates, they can just stop accepting applications and sort of "REVISE" an already issued bulletin".

    WHERE DOES IT SAY THAT ???

    And I am still looking for source of information where in the middle of the month for which a bulletin was already issued in preceding month, USCIS chose to stop accepting petitions and not honor the bulletin issued by DOS with current dates.

    I am seeing a lot of copy-paste from lawyers websites but NONE, I repeat, NONE has a government website URL or any official source.

    Those who still want to believe can choose to believe this. It will make people file on July 1st, if its in their hands. If its in the hands of HR department and company lawyers, it will make them raise their blood pressure until the lawyer sends them an email on July 25th that the Fedex went out today.

    I believe that regardless of what August bulletin shows, July bulletin on DOS website applies to month of July all the way thru July 31st and as long as you file before July 31st, you are fine.

    I made myself look like an idiot by asking such questions to my lawyer, who is already going nuts over the suddenly sky-rocketing workload of 485 petitions. There is another guy who made a fool of himself by asking the lawyer this question.

    And people keep posting new updates and baseless sources to add credence to this baseless rumor. Suit yourself.





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  • Hello Sir,
    I am in a process of getting name change for my wife on pending I485. This is because her first name is given as 'No Name Given' by USCIS on the I485 file, EAD and A.P. As she did not have first name in passport.

    We recently got her name change on passport by adding my(husbands name) as SURNAME. Now we want to refelect this change on EAD and 485.

    Sir, can you please let me know the process of amendment to get name change on the file. What applicaton do I need to fill, and what documents should i send with the form. Can I do it on my own or do i have to go thru a lawyer.

    Your answer is highly appriciated.

    Thanks,
    hydubadi

    You will have to draft a letter and submit all documents which you submitted for making the change on the passport. If you want assistance you can get in touch with me. These documents will include your marriage certificate, copy of your passport etc.





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  • I digged all the comments but looks like someone is trying to bury them again and again...

    Probably someone from USCIS





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  • ok heres the thing.. what is the point of this thread?

    if they retrogress mid month.. they retrogress... what can u do about it??

    just get ur meds done and file ur paperwork. do your karm...rest u leave it upto whatever spiritual power u believe in.

    by discussing this stuff.. u r not going to change uscis or dos's mind... right?

    and if it retrogresses mid month...u know AILA and other lawyers will start filing lawsuits...so chill





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  • By the way which planet are you from...Do you have GC problem there also..?

    did you believe in flowers campaign?





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  • We have used Web fax in the past, I had also read in a different thread that it (faxes to senators) is how things work here. there were reports of how other groups had used and sent more web faxes than us etc etc ....

    Why dont we do that now.

    Fax to every senator, include the congress womans letter

    Make an IV statement supporting the congresswoman

    Lot of people will join the fax campaign

    Let us try multiple avenues - Lawsuit , blogs, faxes, media etc etc.

    Let us create as much noise as we can

    Please enable the web fax.





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  • Hi,
    I am on H1B (7th year and got extended for 3 yrs) and applied 485, received EAD from company A (140 approved).

    I am asked to join Client by Company A due to some benefits both of us would receive. But Client wont support H1 so I need to use EAD.

    Since EB3 is in very bad situation, Can I file new Perm, 140 and port my PD for EB2 using Company C for future position? I have position, salary and exp required for EB2. When should I join Company C if I choose this route?

    Thanks in advance!





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  • You are showing your contribution in all your postings. Don't have any shame???
    your left hand should not know what your right hand is doing(giving)
    It is typical for many Indians to put their name in cars (even here) and their contribution to temples to be anounced in public address system and put names on any things which they are donated.
    You need to change the style, if you are in Rome, behave like Romas.

    Answer the question directly...Dont give all these crap.





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  • In summary, this retrogression is good in a way. The truly best and the brightest would still be employed until their turn for adjournment comes in.

    Easy for you to say when you are applying for your citizenship. You sir, are an idiot. And if you were really on H1 for as long as you claim, you are a mean idiot, no less.

    Retrogression is a scar on the face of EB immigration.

    Thats the reason every immigration bill so far related to EB has tried to resolve this issue. Anyone who says retrogression is good is either misinformed or a pychopathic specimen that needs instant mental evaluation, followed by treatment and observation in an asylum. The observation should continue for as long as it takes a typical EB3-India case to get approved. To paraphrase your quote: "The truly cured would still be observed until their turn for release comes"





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  • In my opinion, it is more relevant to EB immigration....To support a higher number of benefit recipient you need a higher number of EB immigrant who are more likely to be productive that FB immigrants.....

    Now that is equivalent of passing judgment on FB immigrants as being unproductive.....I know I am going to get flak on that...


    Remember a few posts back; I had said that I thought it was difficult to get h-1b or EB based greencard because it would be pretty difficult to prove that no American is qualified for the job. I wish I had never got involved in immigration so that I could have kept with that thought.

    However; I am sure that just about everyone on these boards also thinks that.

    The employment base definition of a skilled worker is a job which requires two years of experience (this is the same thing as a professional worker where the job requires a degree). Would you be surprised to know that just about everyone who is coming through family base or lottery visa would also fall into the definition of skilled worker.

    In the past three years; I have seen an administrative assistant get sponsored as a skilled worker; a cook making $8.50 as a specialty cook at an Indian restaurant; 8 phillipinos getting sponsored as cooks with a wage of $9.00 at a restaurant; a convenience store clerk; (from reading administrative appeals decisions; i have seen a driving instructor, horse trainer, etc.). All of these jobs fit into a definition of "skilled worker" and share same eb3 category as professional.





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  • I understand. But it's true. I have many friends and these body shoppers don't pay for their medical insurance and all of my friends have a tough time - even Kforce etc doesn't pay if you're a contractor directly hired by them. Infosys, TCS pays and provides all kinds of benefits for people on H1, I don't know what ppl are against companies that have good business practice.

    Deloitte, Accenture, IBM brings ppl from other countries on L1 - why balme Infosys, TCS.

    Check what they are paying. I know a company which charges $110-$130 ph to the client and payes around $30K for the employee in L1. Is it good business practice...? Not only desi consulting cos...these a$$ also the reason we are in this mess today. Just imagine when the antis comes to know that 30K pa salary....





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  • As far as I know the country quotas are followed only in the first 3 quarters of the year. Last year a lot of numbers were used for India/China in the June/July fiasco and ROW used less than the yearly quota. India had I think 3 times the yearly quota in those months. So they're trying to use up as much as they can for ROW this year I guess.


    I have the same question. State dept moves the date just so that the visa numbers are used for that category. If a category is retrogressed, then it can't really be "undersubscribed".

    This was listed at the bottom of the page in the March VB in state dept's website:

    The cut-off date movement for March in several Employment categories has been greater than those experienced in recent months. Advancement of the cut-off dates at this time should prevent a situation later in the fiscal year where there are large amounts of numbers available but not enough time to use them. If the expected increase in CIS number use materializes, future cut-off date movements could slow or stop.





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  • And also add the amount we are paying on regular basis to law firms to talking to their para legals, mental stress and percentage what contracting companies with hold along with amount we are losing because we are not in stable situation to invest in things like real estate.



    I always has that question what is the real difference, hear people sayinig more taxes less salary and all that but don't know the actual difference yet.
    Will appreciate if someone can shed more light or post a link.





    That seems to be the intention here..





    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.