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  • If USCIS do reject application without notice then we should file a big law suite...AILA will be with us..

    Sure!!!
    Nothing will come out of it.

    Whats the difference between God and USCIS?
    Atleast God doesn't think that He is USCIS.

    So, relax.
    In the worst case scenario, we will be no better off in July than we are in June.





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  • So if stop discussing this thread, will they join us?
    Are you 'high skilled'?
    Your logic suggests otherwise!





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  • "..veracity of this statement"
    Sure pick up the phone and dial IRS, or call your accountant. Or your lawyer if you want to play it safe.
    Other people doesn't do or will never do anything, other then wearing pantyhose and tip toeing through the tulips.

    I don't think it is legal to work in QXtar when you are on H1B. When you are an IBO ( Independent Business Owner), you are running your own business. I don't think that is allowed on H1B.

    Checking IRS doesn't make sense from an H1Bs perspective as IRS has got nothing to do with H1B laws. All they do is make sure you are paying your taxes.





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  • For most of the ppl with hateful comments, Reality sucks and bites back. I agree with dilip and unfortunately, among billions voices and opinions dont matter. Just brutal personal attacks.

    That said. We cant stop the outsourcing and dumping. Today is biilions from India and china and tomorrow rest of billions from rest of world (like Africa and rest).

    If you dont have any proper counter argument, dont post. Period, dont stoop to personal attack.(race,caste,place and commutiy and alma mater).

    Grow up folks.

    As the saying goes, there are two sides to a coin, and there is definitely some truth in the counter arguments. There are quite a few blood sucking desi consulting cos out there, and those need to be cleansed out to protect our own country men from exploitation.

    Coming to the point of GC, it is the US gov that gave H1B and invited these people to come and work here to support its companies. At that point, it did not apply country quota. Now when it comes to adjudicating GCs, this unfair concept exists. The process should be unifiorm and fair. If GC and citizenship needs per country quota, so does H1B. Keep everyone at the same level. How is someone from a non retrogressed country more worthy to US than his counterpart from a retrogressed country.

    We cannot change what had already happened, and fortunately or unfortunately, we are here looking to have our future in this country. We also need a clear path to immigration. I think it is the moral responsibility of the US gov to show us just that. If the US gov wants to protect the jobs for its citizens, one cannot blame it, but dont let the L1s and H1Bs that you had already brought in years ago to rot in retrogression. After all, these guys also have a family and a career to take care of.

    The point I am trying to make is, let us not get into arguments that take us nowhere. Let us rather focus on newer ideas to make our voices heard. Let this forum serve its purpose.





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  • Why should it be a surprise?
    How do PoE officers know if he is a film star in some foreign language movies?
    Even if they knew, why is SRK so special that he should not be checked?

    There was an instance when a pop singer from India(Daler Mehdi) was accused of smugling illegal immigrants disguised as musicians. Point is, if somebody is a celebrity, that does not make him/her un touchable?



    I agree 100% simply Indian Media make more of this. I know only one face of SRK, who knows such big guys what they are into ?





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  • Hi,

    Here is the case : I'm working for company A since long and has an H1B valid till Mid 2010.
    Company B has sponsored a GC for me. Its EB3 - India with PD Mid 2003 and I485 was filed on June 11 2007. Waiting for PD to be current.

    EAD was applied on 06/27/08 and was approved yesterday for 2 years.

    In this case,

    1. Will be advisable to start working with sponsoring company B on EAD or continue with company A which is holding my H1 and where I'm right now ? Since there is no direct employment relation between applicant with company B, I think its better to join GC sponsoring company sooner than later. I was on Company B's payroll for 2 years in 2002-03

    2. Will it be considered under AC21 ? Should USCIS be informed on that change ?

    3. What will happen to my H1B status which is good and valid till mid 2010 ?

    5 About dependants, my wife has applied EAD few months back and already started working with her approved EAD. My son is having H4 status.
    Any issue for them if I use EAD and move to company B ?

    4. In case I want to join some other company or start own business in near future, What will be the best step today in order to avoid any problems in GC process or after having GC ?

    Let me know If I may not be that clear in explaining my situation.





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  • Signs and Warning...

    1. Mostly he seems to be a weird guy.
    * God has given us special white blood cells that can find these guys.
    * Listen to your inner soul when it says 'I don't feel comfortable'.

    2. He walks with empty hands (RICH people) while all others in the shop walk with a cart and/or some goods.

    3. Talks loudly, using words as if he is lending money to Warren Buffett or Bill Gates..

    4. His approach.
    * Are you Mr.<a name in south/north depends on your appearance>?
    * I can't believe I meet you here.
    * You look very familiar to me.
    * You look like my younger brother / son / daughter / friend / father / mother / cousin / tomato / carrot / spinach etc

    5. Look for these words...
    * Do you want to make LOT of money? (eventhough he looks like a crap, wandering in a grocery store not buying anything, driving a 1990 Toyotta Tercel).
    * I have a wonderful business opportunity for you.
    * What do you do in your free time?
    * I am running a eBusiness, eCommerce etc.
    * Do you want to make use of your free time in a productive way.
    * Count the number of times he uses the word 'Money', if it is more than 2 times, he is from that cult.

    6. Finally,
    * Can we meet sometimes this week?
    * Do you want to attend a Business Meetting (!) with top heads next week?
    * Do you want to just see what we are doing? (Why the hell I need to see?)
    * Do you want to join us for a Tea, Cofee... (Believe me, they won't call you for Lunch or Dinner, eventhough they always talk about the LOT OF MONEY they have made)


    I read lot of news from school and I learnt this 'multi-link' business 20 to 25 years back. So as soon as he asked me if I wish to make 'LOT OF MONEY' without working, I understood that the poisonous snakes had entered US long time back.

    I had only one encounter 10 years back that went up to the so called 'Business meeting with Tea Party' because I was new to US and these guys were using an updated terminology.

    From then on, I enjoy if I meet such people in Malls, grocery stores, Walmarts. I let him talk for about 20 - 30 mins when my wife is shopping. Asking him very basic questions as if I have not seen a $10 bill in my life. By the time he realizes that I am playing, my wife finishes shopping and we leave.

    This way you can keep yourself updated on the tricks. Amazingly these guys read technology news a lot than us and upgrade their techniques.





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  • We need a funny, innovative, catchy, entertaining cartoon on youtube that will catch everyone's attention. Youtube seems to be the most powerful medium of communication.

    This must give a strong message to the agencies who played this dirty game on immigrants





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  • hopefulgc - also make the commitments clear! Its not just sufficient to support ( as in moral support) the cause. Its important to participate in it.

    I think someone should change the Poll question to -

    Q) Do you commit to participate in a class action lawsuit against USCIS?

    1) Yes. I am willing to commit $500
    2) Yes. I'm willing to be a plaintiff ( full name and full contact info required)
    3) Yes. I'm willing to commit $500 and become a plaintiff as well
    4) No. I don't think it will work

    It will make it clear to everyone voting 'Yes' what's expected of them.

    hopefulgc - please dedicate some time and update your first post with more information on lawsuit, you may want to quote lazycis 's posts and other information.

    A lot of people may not be very knowledgable and may backoff when they see the word "lawsuit".

    Those who are saying YES on the poll - it is assumed that you will not backoff - if you have not yet updated your profile on IV - please update your complete profile - this will show that you can be counted on.





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  • Guys,

    Please stop responding to Dilip. He is feeding of our frustrations. If he was still retrogressed he would be singing a different tune but never mind. Every response we give him makes him feel pleasure at our plight. To tell you the truth our plight is not bad. We just like to think it is. We have AC21 option. Remember when you could not file I485 how much you coveted that one option. If the employer withdraws I-140 and we have to file MTR so be it. People come out of it unscathed. It is still a low probability event. Take the bull by the horns and you will come out stronger. Even when you get your GC life's problems will not go away. We still have to fight for a better job, better pay, better quality of living and then we will not have the excuses we have now (Thats how Dilips of the USA are made).

    So lets take pride in ourself, use our options wisely and ignore people like Dilip. He is just pampering him shattered pride by telling himself we cannot get the salary he wants due to H1b , outsourcing .... . He is not worth it.

    I dont care if you consider me a guy taking pleasure in your plight. Remember I dont get anything out of it. I truly like your attitude to take the bull by the horns and the resolve to come out even stronger. That is the attitude that would take you a long way. Trust me and all the best.





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  • its been a while i read the forums..

    well... well !! chandubhai finally cooled down and talking wisdom :-)

    well "the intent is the same" :) just following some wonderful advices from some good samaritans :)

    But I will always stand on what I would like to see - What I want to see is UNITY among the community and I will be more happy if more and more people stand up and support the efforts.





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  • So if stop discussing this thread, will they join us?
    Are you 'high skilled'?
    Your logic suggests otherwise!





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  • When an argument is held in the Supreme Court you often hear the justices asking "What if" type questions, some of them verge on being narrow circumstances, but to declare something unconstitutional can have a wide impact and is a fundamental, so it should account for odd circumstances too.

    So here goes a potential set of arguments:

    Q> What if the Congress was unable to discriminate in other categories of immigration based on nation of birth? Would that mean that in time of war, immigrants would have to be admitted from a country with whom we were at war?

    Q> Would Congress no longer be permitted to try to balance the ethnic makeup of the country?

    I agree it is unfair on individuals, on groups, and it does smell, but I doubt that it is unconstitutional. I take the pragmatic view in my prior post on this thread (many posts back).

    Extending my pragmatic view:

    Even if it were found to be unconstitutional, then Congress can always amend the constitution, and if a Supreme Court ruling affected more than just EB category, then I would not be surprised to see an amendment. Then the only advantage would be to draw attention to the issue. But you know that the anti's would just make the argument --- "Look the evil immigrants are trying to write our immigration policy", and that would be an easy argument to make so then we would see something more restrictive in the end.

    So even if we won, we would likely loss.

    Just being pragmatic.

    (I'm not a lawyer - and my H1B enforces this)





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  • This is first attempt, if goes smooth, next will be EAD, then I-485 approvals and then EB Based GCs when you go for USC.
    It is not a good news for any of our member regardless of their status.

    So far Employee-Employer relationship been the hardest part to define because it requires lot of flexibility and that's the nature of business.


    This indeed is a very bad news. It looks to me that someone is frying a bigger fish here...

    If antis target the areas of immigration that are no "well defined" so far (H1b rules is one example, another could be AC21 same or similar job and yet another could be "permanent job" after greencard), it could create a lot of problems and may even practically shut down all legal immigration.

    This will only increat outsourcing and actually hurt US economy and jobs...too bad that "blinded" politicians do not recognize this.





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  • Read my previous post explaining how things would work without country limits.
    All you need to do is recall basic probability theory from school. No country quotas is the only fair way to go, as it would give any individual a fair go, regardless of nationality. I thought this premise was self evident.. but evidently, I'm wrong, and there is some explanation to do.

    I hope explaining the facts and reasoning helps, and the feeling that "country quotas protect smaller countries" has nothing to do with the old saying:

    "When you rob Peter to pay Paul, you can always rely on support from Paul"
    :rolleyes:

    We are all in this together, guys... As per the original intent of the thread, we were supposed to discuss whether the 7 % quota is constitutional. That discussion is not yet settled.

    The main point is, based on current caps and quotas, all of us are stuck.

    One way or another, we need to (A) raise number of EB visas, and (B) Eliminate quotas which distort the market and give unfair advantage to one nationality over another.

    --What you said sounds very interesting. But it got me thinking, what if the merit is equally distributed by the country of origin and there is a limit to the opportunities this country can provide?


    Let us say there are 140,000 EB visas given every year. Based on pure merit and sans any regard to nationality. Don't you think it could potentially lead to more visas being consumed by one country?

    What if this country wants to ensure diversity to its social fabric?? How do they go about doing that?





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  • I don't think there is much I disagree with you. You are right about most things. Especiallly, that it is not an exact science. A lot depends upon how many applicants there are, and how many numbers are increased, and how much the country limits are increased by.

    I also don't think that the country limits will go away totally. They will probably just increase them. But you never know. Espeically, because at some point, they will go to the point system, and then who knows whats going to happen to us.

    Also, its not that I am concerned about what is GOOD JUST FOR ME. (BTW, its not just me, its about a third of IV) I am more worried about what is bad for me.


    i think it's pretty clear that increasing GC numbers is the first priority for iv. removing country limits would be a thin band aid of sorts if the GC numbers do not change. GC numbers have to increase, the rest comes after that.

    hence in my view this argument is moot.
    we need to come together and work on this, otherwise we all fail.





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  • Unfortunately, I am not a lawyer. I am a tech guy just like you. I wish I could help.

    Our firm deals with corporate cases, either litigation or transactional, but not immigration. In fact, we hired an immigration lawyer to process my GC.




    Are you a constitutional lawyer or maybe know someone who can help? Yes, we would appreciate knowledgeable input from experts.





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  • Go for it! Life itself is not fair!!





    Came across this link in one of our threads. I have friends in Canada who hate it there. They have not ended up becoming taxi drivers but feel they made a mistake going to Canada. If you need to leave the U.S., then a better option is to go back to your home country.

    http://www.notcanada.com





    what I meant was... you can reevaluate your situation from India.
    Since there is nothing there in Canada anyway.

    This is from personal experience. I went through the canadian PR also and now have lost it. I have some friends in Canada and India who had to move because of failure to file for GC before 6yr H1. My view of Canada and other feedback is

    It is not a first world country as they want you to believe.
    The cost of living is very high though the salary is very low.
    Cost of goods is almost the same or most of the time higher than in US.
    Medical is by state (where applicable) but doctors are not good and the wait time is large.
    Taxes are very very high.
    I can go on and onnnn...

    My advice which will save you almost 3k-6k is dont do it if you are waiting for GC. Else you can do it at a short notice. The other options are, if you dont like 5year wait time from India, is to come back in H1 to the US and again reapply. At least this way you know how your GC turned out.

    ---DISCLAIMER: ABOVE ARE MY VIEWS ONLY AND MAY BE FALSE---



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