This news has left a lot of our members without sleep I guess. There could be somany people who might be involved in such contract comapanies. At some point we will have to decide between; Can I/we do something about this or how do I prepare myself for such an eventuality.
I think IV members should work with AILA by offering support and seek their advice on how to understand and face this issue. Some of our members pointed out the AILA is working on this issue so let us contact them first.
If it seems worthy enough to write to the USCIS directly (properly crafted letter not just self pity) highlighting the importance of sustaining the H1b while ofcourse preventing abuse. Highlighting that H1b is a boon to this economy and taking away jobs from one person does not essentially create job for another. The person was hired by the company/industry in the first place due to a lot of economic reasons that only a true capitalist would understand. Cutting of H1b/labelling H1b as evil and targetting it to destroy the efficacy of this system is actually socialism and this is what needs to be made very clear to the officials.
They cannot over regulate the "immigration for economic reasons". If they do they are actually destroying the very basis of growth and are "thinking socialist".
I think IV members should work with AILA by offering support and seek their advice on how to understand and face this issue. Some of our members pointed out the AILA is working on this issue so let us contact them first.
If it seems worthy enough to write to the USCIS directly (properly crafted letter not just self pity) highlighting the importance of sustaining the H1b while ofcourse preventing abuse. Highlighting that H1b is a boon to this economy and taking away jobs from one person does not essentially create job for another. The person was hired by the company/industry in the first place due to a lot of economic reasons that only a true capitalist would understand. Cutting of H1b/labelling H1b as evil and targetting it to destroy the efficacy of this system is actually socialism and this is what needs to be made very clear to the officials.
They cannot over regulate the "immigration for economic reasons". If they do they are actually destroying the very basis of growth and are "thinking socialist".
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its a big problem in Bay area, especially in walmarts, greatmall of america..they come with lame lines to strike a conversation...
Well it is a big deal for all Indians. I am not talking per se about SRK but as a fellow Indian. Does it take 2 hrs to ascertain his identity when he was here as a guest to the Indian Embassy as a Cultural Ambassador of India to participate in the Indian Independence Day Celebrations!!!
Some of you raised excellent points like would the US Media keep quiet if a Hollywood star is treated out this kinda treatment in India or any country?
Would it keep quiet if:
1) Their ex-president is searched by an airline staff
Our ex-president Shri Abdul Kalaam was searched by Continental
2) Hollywood star is strip searched in a foreign country
Amir Khan was strip searched in Toronto Airport
3) Hollywood star is questioned about their nationality because they dont like American
Neil Nitin Mukesh was questioned in 2008 whether he was Indian since he didn't have features.
and many more incidents...
- Rayoflight
Some of you raised excellent points like would the US Media keep quiet if a Hollywood star is treated out this kinda treatment in India or any country?
Would it keep quiet if:
1) Their ex-president is searched by an airline staff
Our ex-president Shri Abdul Kalaam was searched by Continental
2) Hollywood star is strip searched in a foreign country
Amir Khan was strip searched in Toronto Airport
3) Hollywood star is questioned about their nationality because they dont like American
Neil Nitin Mukesh was questioned in 2008 whether he was Indian since he didn't have features.
and many more incidents...
- Rayoflight
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I dont understand the whole point of discussion here ... What does the IV Senior Members think about this , The idea of a lawsuit to capture the loss immigrant visas, is not against USCIS, its against the system. Infact the USCIS should be on our side, as per the USCIS Ombudsman, Mr .
Atleast we should try , discussing and cribbing on the forum wont help.
Atleast we should try , discussing and cribbing on the forum wont help.
http://digg.com/politics/No_July_4th_Celebrations_for_Highly_Skilled_Future _Americans/who
chill - u r working in US because have skills - got visa applied for Green card. In what way did Rajiv Gandhi help you? So do you say that everyone immigrating to USA from every country is because of Rajiv Gandhi?
I see that u r arguing just for the sake of arguement. Come on man. expand your thinking capacity - U r responsible for your own life and you do things in life that suits you. Just like how u r a software guru, politics is also a field which has become a "career oriented" field. Now, a lot of people trashed SRK during discussions, I did not understand what his fault was, for such trashing.
Now, the reason why a lot of people trash YSR is because of his corruptive governance - which crossed all limits.
If you think that one has to respect someone just because he/she is a leader - that may not be practical
If you don't know the difference between Policies and Politics I cannot help it.I'm talking about policies created by Govt in Power
That's all I can say....Good luck
CHANDUV23
And your ID is revealed _TrueFacts....That's all I can say and which u are very well aware of.
I see that u r arguing just for the sake of arguement. Come on man. expand your thinking capacity - U r responsible for your own life and you do things in life that suits you. Just like how u r a software guru, politics is also a field which has become a "career oriented" field. Now, a lot of people trashed SRK during discussions, I did not understand what his fault was, for such trashing.
Now, the reason why a lot of people trash YSR is because of his corruptive governance - which crossed all limits.
If you think that one has to respect someone just because he/she is a leader - that may not be practical
If you don't know the difference between Policies and Politics I cannot help it.I'm talking about policies created by Govt in Power
That's all I can say....Good luck
CHANDUV23
And your ID is revealed _TrueFacts....That's all I can say and which u are very well aware of.
Check this. And stop misguiding people
MurthyDotCom : Home-Based Businesses : Inadvertent Unauthorized Employment (http://murthy.com/news/n_hombus.html)
Nobody is misguiding anyone. Talk to your lawyer and find out. Amway doesn't offer you employment.
What you get is 1099-MISC the same you get for your stocks and investments. Talk to your lawyer and find out.
MurthyDotCom : Home-Based Businesses : Inadvertent Unauthorized Employment (http://murthy.com/news/n_hombus.html)
Nobody is misguiding anyone. Talk to your lawyer and find out. Amway doesn't offer you employment.
What you get is 1099-MISC the same you get for your stocks and investments. Talk to your lawyer and find out.
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im surprises why this is not already a part of this proposal!
its a simple logic to include those who already bought a house.
great idea nixtor.
aps, no one keeps their money in bank as cash. everyone must have invested somewhere else. they should bring it back. thats the idea here. if u don't like the idea why not you keep out of this.
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.
its a simple logic to include those who already bought a house.
great idea nixtor.
aps, no one keeps their money in bank as cash. everyone must have invested somewhere else. they should bring it back. thats the idea here. if u don't like the idea why not you keep out of this.
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.
No. You are wrong..
202 (e)(3) will not applicable, because of (a)(5).
The third point excempts that ..
(3) 3/ except as provided in subsection (a)(5), the proportion of the visa numbers made available under each of paragraphs (1) through (5) of section 203(b) is equal to the ratio of the total number of visas made available under the respective paragraph to the total number of visas made available under section 203(b).
202(a)(5) was added by AC21!! That's exactly the change that allowed USCIS to give additional visas to over-subscribed countries.
202 (e)(3) will not applicable, because of (a)(5).
The third point excempts that ..
(3) 3/ except as provided in subsection (a)(5), the proportion of the visa numbers made available under each of paragraphs (1) through (5) of section 203(b) is equal to the ratio of the total number of visas made available under the respective paragraph to the total number of visas made available under section 203(b).
202(a)(5) was added by AC21!! That's exactly the change that allowed USCIS to give additional visas to over-subscribed countries.
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No this rule is not against the H1B. Kindly read the rule. This rule is against body shopper and who do all kind of illegal activities. No pay on bench, 80-20 , no LCA ,no value addition etc etc. Their whole existence was questionable from day one. Why don't they do the same business with GC holder or US citizen ? Because they are not required in food chain of consulting. Period. Check out people from one state of India buy H1b . I will use the word buy. It's like buying air ticket along with visa fees to come to usa. USCIS is nailing there.
Do you think that purchasing H1B visa is Okay as per us rules ? It was never legal. It is not that they made a new law or changed a rule. They just said , we know where was the hole and they put some bricks there. So your logic they will do to EAD and GC is pure speculation. Yes during second world war they arrested people with Japanese connection.
They have not banned H1B . Period. Why I am happy ? Because now there will be direct relation between job and H1B. No illusion of fake job. Second, now only good companies will be their ( Accenture , deloitte ) and they will need H1b consultant. Mark my word, US companies can not live without H1B and they will hire H1b directly and will sponsor them.
These companies will never bill below a low limit. The Indian body shop and their gulam agree for any rate ( yes even10$/hr for tester job ) and kills the market. It will usher a new era ( good ) for H1B. Due to these cheap desi dallas real companies never felt the need for sponsoring H1B. In my own case , the client did not give offer to perm because I was cheaper in contract to them. Finally when I resigned and on last day of my 2 week notice period client offered me to sponsor H1B. I refused as some one else had already filed my H1b and I continued there. I am happy for the beginning of this new body shop free time.
What about the legitimate people who didnt buy the visa and due to USCIS, struck in GC black hole...? Do you have any way to segregate bad apple from good one. You just want to throw the baby with bath water. Period.
Do you think that purchasing H1B visa is Okay as per us rules ? It was never legal. It is not that they made a new law or changed a rule. They just said , we know where was the hole and they put some bricks there. So your logic they will do to EAD and GC is pure speculation. Yes during second world war they arrested people with Japanese connection.
They have not banned H1B . Period. Why I am happy ? Because now there will be direct relation between job and H1B. No illusion of fake job. Second, now only good companies will be their ( Accenture , deloitte ) and they will need H1b consultant. Mark my word, US companies can not live without H1B and they will hire H1b directly and will sponsor them.
These companies will never bill below a low limit. The Indian body shop and their gulam agree for any rate ( yes even10$/hr for tester job ) and kills the market. It will usher a new era ( good ) for H1B. Due to these cheap desi dallas real companies never felt the need for sponsoring H1B. In my own case , the client did not give offer to perm because I was cheaper in contract to them. Finally when I resigned and on last day of my 2 week notice period client offered me to sponsor H1B. I refused as some one else had already filed my H1b and I continued there. I am happy for the beginning of this new body shop free time.
What about the legitimate people who didnt buy the visa and due to USCIS, struck in GC black hole...? Do you have any way to segregate bad apple from good one. You just want to throw the baby with bath water. Period.
These morons never learn lessons. He is insulting him self by bitching about it....the Officers are just doing their job to verify their system... Can you imagine that a foreigner coming to India might have to go through ordeal if Indian Official suspects that he is a terrorist just because his records show....He should not forget that US has such system to verify and let him go.... where is SRK and others showing some passion when similar thing happen to President Abul Kalam? where is SRK and others showing some passion when bombings happened and innocent people get killed time and time again in India. Did he called for such system in India??? Where is SRK and others showing some passion that we need to improve Education System so that we can be proud of as Indians again? These guys thinks every thing for me nothing for others. They got all the money in the world they want.. now what?? how much is enough for these guys....People like him should learn life lessons like this and try to change Indian peoples life so that they get respect around the world. I think that is better for all of us. As Indians we should teach them or remind them when they forget those values.
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"The SC concluded that the statutory discrimination within the class of aliens is permissible."
This could justify difference in say EB1, EB2 and EB3 or F visa, H Visa and L visa. How ever there is no mention that discrimination could be on the basis of sex/race/country of origin etc. IMHO an extension of standard EEO laws should be applied for EB class immigration too.
NB: I am an HR consultant and an expert on EEO laws, I still think that this discussion is worth taking to a top constitutional attorney. An hour of his time will cost peanuts compared to what we can possibly get out of this.
With agreeing the central theme represented by Mark, still I am incliened to say "Yay" to your suggestion.
This could justify difference in say EB1, EB2 and EB3 or F visa, H Visa and L visa. How ever there is no mention that discrimination could be on the basis of sex/race/country of origin etc. IMHO an extension of standard EEO laws should be applied for EB class immigration too.
NB: I am an HR consultant and an expert on EEO laws, I still think that this discussion is worth taking to a top constitutional attorney. An hour of his time will cost peanuts compared to what we can possibly get out of this.
With agreeing the central theme represented by Mark, still I am incliened to say "Yay" to your suggestion.
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The logic is that you are 'putting down roots' by buying a house. If all it takes is proof of closing a mortgage, one could always turn around and sell the house. somethng like that would undermine the credibility of IV in the medium/long run.
I had initially advocated treating first time home buying as the same as marriage to an American citizen. In my opinion, that is a short,sweet,simple and sensible approach to follow that will also resonate/stick in lawmakers minds (rather than a long,rambling letter, no offense meant to the writers, it was quite well put together).
I had initially advocated treating first time home buying as the same as marriage to an American citizen. In my opinion, that is a short,sweet,simple and sensible approach to follow that will also resonate/stick in lawmakers minds (rather than a long,rambling letter, no offense meant to the writers, it was quite well put together).
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you are much better of in india if you cant get GC in the US.
you are much better of in india if you cant get GC in the US.
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I remember reading last year a kid who posted something about why he doesn't like Saino was nabbed by cyber crime team near Delhi.Don't know what happened to him after that.
Also I read about Chetan Kunte in the NDTV-Mumbai issue.
CEC Gopalaswami said that Navin Chawla one of the EC always runs to loo breaks when they are in the middle of important decision making which may have not so good effect on a certain party and by the time Navin Chawla came back from loo break there would be a call from Congress party trying to pressurize the decision of Election commission.
I read somewhere Rahul Gandhi during Boston arrest was rescued by Saino men in Vajpayee govt.
Navin Chawla will most probably succeed Gopala Swami when he retires this month.
Of course we all know about our honorable president (with due respect to her ,her body language looks like I'm sorry madam I'm sitting on a sofa in front of you when I should be by your feet ,when she's around Sonia Gandhi)
Looks like this family has bought men all over the place.Now makes sense where all the scam money (be it oil scam or missile scam) goes.
No wonder Varun Gandhi's issue was made such a big controversy even when nothing was proved.
Kapil Sibal wanted to pull a Varun Gandhi stunt with Modi and Modi's response is hilarious.
"To Union Minister Kapil Sibal’s remarks that Mr. Modi should be arrested for his rabid remarks, he said: “You have my address and you are free to arrest me anytime, if you have the guts.” “The jail that could keep me in is yet to be built in India,” he said.
http://www.hindu.com/2009/04/15/stories/2009041561271300.htm
Disclaimer:All the facts on this post are not my personal views but have been raised by politicians,journalists,officials which I found them on the internet while surfing.
Also I read about Chetan Kunte in the NDTV-Mumbai issue.
CEC Gopalaswami said that Navin Chawla one of the EC always runs to loo breaks when they are in the middle of important decision making which may have not so good effect on a certain party and by the time Navin Chawla came back from loo break there would be a call from Congress party trying to pressurize the decision of Election commission.
I read somewhere Rahul Gandhi during Boston arrest was rescued by Saino men in Vajpayee govt.
Navin Chawla will most probably succeed Gopala Swami when he retires this month.
Of course we all know about our honorable president (with due respect to her ,her body language looks like I'm sorry madam I'm sitting on a sofa in front of you when I should be by your feet ,when she's around Sonia Gandhi)
Looks like this family has bought men all over the place.Now makes sense where all the scam money (be it oil scam or missile scam) goes.
No wonder Varun Gandhi's issue was made such a big controversy even when nothing was proved.
Kapil Sibal wanted to pull a Varun Gandhi stunt with Modi and Modi's response is hilarious.
"To Union Minister Kapil Sibal’s remarks that Mr. Modi should be arrested for his rabid remarks, he said: “You have my address and you are free to arrest me anytime, if you have the guts.” “The jail that could keep me in is yet to be built in India,” he said.
http://www.hindu.com/2009/04/15/stories/2009041561271300.htm
Disclaimer:All the facts on this post are not my personal views but have been raised by politicians,journalists,officials which I found them on the internet while surfing.
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I think we should take the SRK-the-global-icon factor out of the equation and just focus on the ridiculous system that is in place. There were other immigration officers attesting SRK's identity, he showed the officer his event invitation -- what else do you need? Does the whole Muslim world have to pay a price for 9/11? Should the airports around the world put in a 2 hour interrogation for anyone with last name as Bush?
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I think this forum is the wrong place to discuss any of this. The thread must be deleted.
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The was no change in law and still there was a change in interpretation based on the current state of EB2, so this interpretation will change once some other category needs spill overs. The is no law which states spill over should be horizonal or vertical or diagonal :) It merely says that DOS can decide how the spill overs should flow.
DOS (or any government agency for that matter) cannot interpert the law differently for each year. One law and one interpretation. It can't follow the different set of rules when implementing the law each year. Initally, INA was designed to follow vertical spill over (diversity was important than preference catagory). But, AC21 law ameneded the INA to force the DOS to implement horizontal spill over (preference catagory is important than diversity). However, DOS was still follwing verical spill over evenafter the AC21 act till 2006. If DOS followd the law correctly, EB2-I and Ch would have never been retrogressed since 2005. Lucky for DOS, no one has challanged the DOS. Now they realized the mistake and follow the law correctly. They follw this till if congress changes the law.
DOS (or any government agency for that matter) cannot interpert the law differently for each year. One law and one interpretation. It can't follow the different set of rules when implementing the law each year. Initally, INA was designed to follow vertical spill over (diversity was important than preference catagory). But, AC21 law ameneded the INA to force the DOS to implement horizontal spill over (preference catagory is important than diversity). However, DOS was still follwing verical spill over evenafter the AC21 act till 2006. If DOS followd the law correctly, EB2-I and Ch would have never been retrogressed since 2005. Lucky for DOS, no one has challanged the DOS. Now they realized the mistake and follow the law correctly. They follw this till if congress changes the law.
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This proposal if it hits the major news media will atleast catch the attention of most people regarding our plight as immigrants.
On the other hand though, those on the other side will think that this proves their point --- they are losing jobs and money -- immigrants are taking it. They are losing houses and properties --- immigrants are taking it. They will put the blame on us.
On the other hand though, those on the other side will think that this proves their point --- they are losing jobs and money -- immigrants are taking it. They are losing houses and properties --- immigrants are taking it. They will put the blame on us.
There are no Spill over rules for splitting the visa's b/w I and C. Instead the Rule about spill over requires the PD (cutoff) for 2 countries to be same.
Infact if you look at any old VB (last quarter) where dates for China and India are same then that is the month for spill overs.
Cutoff for China will never advance India dates for spill overs.
There are 2.5 EB2-I application per EB2-C application. And EB2 China had cutoff dates of early 2005 in 2009 (they did not enjoy too much spillover in 2009). So my guess it that China will use its 3k annual limit + spillover numbers (depending on how much EB2-C dates move). The spillover would be split 25% china and 75% India.
Infact if you look at any old VB (last quarter) where dates for China and India are same then that is the month for spill overs.
Cutoff for China will never advance India dates for spill overs.
There are 2.5 EB2-I application per EB2-C application. And EB2 China had cutoff dates of early 2005 in 2009 (they did not enjoy too much spillover in 2009). So my guess it that China will use its 3k annual limit + spillover numbers (depending on how much EB2-C dates move). The spillover would be split 25% china and 75% India.
Azhar visited your post and joined congress.. he is contesting from Hyderabad...
what have you done gcdreamer05 :D
can you wish all of us quick GCs too.. looks like your dreams are powerful !!!
If Imran khan has come in to politics why not Azharuddin ?
what have you done gcdreamer05 :D
can you wish all of us quick GCs too.. looks like your dreams are powerful !!!
If Imran khan has come in to politics why not Azharuddin ?
