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  • venky321
    01-14 12:25 AM
    Is this Memorandom final?

    If yes, then the options for them whose employer is consulting company and the employer is not direct vendor to the client are as follows:

    1. If status is H1B, then join direct client of the employer or switch employer having projects with direct clients.
    2. If maintaing H1B status and also have EAD, then switch to EAD ASAP because this Memorandom is for H1B (renewal/extension or Change).

    Don't think working for the direct vendor will help. Read page 6 of the report; it will be hard even for the direct vendor to show control over the employee.





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  • factoryman
    02-12 08:55 PM
    From Zhang (http://www.hooyou.com/news/news011307bulletin.html):
    We suspect that the large number of approved cases in BEC have a big impact on the progress of Visa Bulletins. Department of Labor announced on December 11 that the BEC then had 142,418 cases pending, while in September, the pending case number was 176,000. In the past three months, about 33,600 cases have been removed, with a pace of 11,000/month. Then, the number of I-140 & I-485 petitions soared up in the past several months. This fact stalls visa bulletins in department of state. We predict that it is hard to see a big progress in visa bulletin, given the hope that BEC will keep its current pace of processing cases. However, we don�t expect to see a big retrogression of visa bulletin in the next a few months either. Things may change in the second half of 2007.





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  • gauravster
    06-05 11:58 AM
    EB is based on employer's need and sponsorship. Even AC21 is a deviation (in our favour) after 180 days wait. That seems fair, as permiiting you to ditch sponsoring employer soon after your filing for permanent residency could lead to fraud.

    Any suggested change should not appear to be too much deviation from the original intent. Best potential seems to be for USCIS to communicate preadjudiation decion to clients without waiting for the visa number (stating that the decison letter could be used for GC benefits, such as those given by EAD & AP, until such time formal GC card is issued, which could be done when visa number becomes available). This should reduce USCIS workload as they will not have to keep on working same cases again and again with frequent requests for FP, job confirmation letters, etc.

    It is not fair, as this is happening to only people from one/few nationalities. For it to be fair, it should be the case with everyone. It is only fair that once it is proved that a person with the requisite skills is needed and not available among the US citizens, these people should be allowed to move freely so that they are not exploited.

    The only way to prevent fraud is to make the initial process of requirement more robust, unfortunately, there is not much that can be improved. Make the process easier and we increase fraud. Make process more difficult and we increase rejections for genuine applications and affect competitiveness. Its is fine line. delaying at any later stage based on nationality is outright unfair to those nationals and potentially could be termed racism.





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  • logiclife
    01-23 04:32 PM
    http://news.mainetoday.com/updates/008785.html

    NEWARK, N.J. - A business owner from India was sentenced Monday to 20 months in federal prison for helping hundreds of immigrants live and work illegally in New Jersey and elsewhere in the United States.

    Narendra Mandalapa must also forfeit $5.7 million and two luxury cars - deemed to be proceeds of his crimes - and pay a $25,000 fine, under the penalties imposed by U.S. District Judge Dickinson R. Debevoise.

    Mandalapa, 36, was owner and president of Cybersoftec Inc., a business consulting firm based in Edison in 2004 and 2005.
    Cybersoftec also claimed offices in Portland, Maine, and
    in New Hampshire, and obtained more than 150 certifications in the two states for temporary work visas in 2004 and 2005 through the U.S. Department of Labor, the Portland Press Herald reported.

    Cybersoftec, according to Maine Department of Labor records, also filed about 50 labor-certification applications in Maine for green cards, which allow foreigners to live and work in the U.S. indefinitely.

    Mandalapa had pleaded guilty to immigration fraud, admitting that he got up to $22,000 from immigrants to file fraudulent documents. Those included I-140s, which are petitions for an alien worker to become a lawful U.S. resident.

    Mandalapa has been in custody since his arrest Nov. 3, 2005. His lawyer, Bruno Bier, said Mandalapa will get credit for his 14 months of confinement and will spend about six months in prison before he will likely face deportation proceedings.

    None of the indictments on 29 counts of immigration fraud, money laundering and mail fraud related to his applications for green cards were linked to activities in Maine. Mandalapa pleaded guilty to one count as part of a plea bargain.

    Bier said Cybersoftec is no longer in business.

    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).



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  • Hassan11
    07-12 01:37 PM
    I was looking at the web site and I noticed that most of those stories can be special and unique cases and there is no research or studies to back up the claims in notcanada.com. This makes me think maybe this web site is sponsored by people in Canada who wants to stop legal immigration to their country by publishing in the web site these stories. Some of these stories happen to all immigrants in all countries: in Europe, US, Australia, Gulf countries, etc.. .and maybe Canada too but thy are not specific to canada. if you go to any countries with high immigrants number, you will see cases of people who failed to succeed but it doesn't mean that all the cases are like that.
    so before you believe the stories in notcanada.com think about the people who sponsor the web site and their agenda, maybe they just want to scare immigrants away from coming to Canada. Maybe they are just nationalists who don't like immigrants and there are a lot of those in so called developed countries.
    This just a thought to consider.
    Hassan

    lordoftherings, I doubt there is a country in the world that would fit all. I also doubt such a thing as "ideal immigration policy" exists. It is always good to have a job offer before you immigrate, but it's ultimately up to the immigrant to find out what it'll take to get on his/her feet in the new country.

    After reading (and watching videos of) all those sob stories on notcanada.com and the like about doctors, nurses, engineers who can't get a job or have to study for years to get a Canadian license to practice, I wonder how much of a research those folks did prior to coming to Canada. If a medical occupation requires studying for additional time and taking exams, then you should have learned about it. If engineers of your specialty are not in high demand, you can figure it out by going through Canadian job postings and contacting employers. If you are not willing to look for a job elsewhere but Toronto, then it's your problem: perhaps in Calgary the opportunities are more readily available. I have a friend in Montreal who owns an IT recruitment company. He told me that they are sending IT folks from Ontario to Alberta, since Alberta unemployment rate for IT professionals is currently at 0.5%.

    Bottom line is: research for yourself, ask different people, be flexible about where you want to live in the new country (hey, it's the country's demands you need to adjust to, not the other way around!) -- this will save you from many unpleasant surprises.





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  • bfadlia
    02-16 10:59 AM
    Guys, let's straigthen one thing out. I have heard here things like "flooded the market" or "why 90% of company are people of certain nationality". Well.. It's a very natural process, and it happened, happens, and will happen, and it's normal. Look at this scenario. Not to touch any nation, I would use Krakozhia as example.

    Suppose you are from Krakozhia, you are pursuing American Dream, you found clients, you secured some funds and you are ready to open up a business and do something. Now you need people, you have two places to look up: American or foreign. Looking employee in the US is extremely expensive and risky business. 4 out 5 candidates will have no clue what's written in their resumes, will not want to work for you, will chill 2-3 months until you fire them, will be doing only one thing - sending resumes for a new job with better salary. Trying to hire Americans without good HR will lead your business to the dead end.

    So you will look into foreign market. Where? Are you gonna go to China/Russia/India? Where you don't speak their language? Don't know local specifics? Of course you will go to your "Krakozhia", where you know people, where you know universities, and what kinda people graduate from where. So you will build a team and bring here - start working. Here is another fact - about 80% of jobs in the US people get through references. Yes, companies prefer to hire friends of employees, because they don't have to spend resources filtering people from the street. "Are you sure he is a right guy for the job?" - that's it, the guy gets hired. So, your first team will bring their friends/relatives - all "Krakozhians". And from the business point of view - it's the best way. It's not racism, not discrimination, not invasion - just business. You are just doing what is best for your business... business doesn't have races or ethnics groups. And btw, CEO is REQUIRED BY LAW to maximize profits. If hiring foreigner will be more profitable, then you are required in front of your shareholders to do so.

    Only when the company will grow large, have good HR - then the company can afford hiring everybody from everywhere. And US government knows and accepts that, and it's happened in the US history many times. 100/200 years ago there were Irish, German shops. 80 years ago there were Italian shops. Nothing horrible happened, they all eventually melted. I don't see anything wrong that there are Indian or Jewish, or Russian shops. They will eventually melt in and become regular American companies.

    dear Bestia, I don't recall anyone calling the situation you described racism. I for one said it's human nature's favorism and, like it or not, it does jeopordize diversity, so you will have a hard time convincing US to let go something it wants for the sake of something else just because it's better for you.
    Please note that I did not start this discussion and I hate it as much as you, but the ones who started it did so by repeatedly saying that the disproportionate indian chinese lines here are mainly because they are 1- better and brighter than the rest of us 2- more marketable than us 3- more educated than us 4- all of the above
    can't you see the blatant racism in these explanations and my right as an ROW to be offended by them? I never intended to run down the indians and chinese when i say that no these are not the reasons, we all have equal skills and that the real reasons are the higher population of india and china and the skewed methods of bodyshops..
    i'll stop responding to the other idiot who has nothing but insults and conspiracy theories instead of real arguments, someone doesn't realize that 90% of IV members did not attend the rally, yes throw that in their faces and ask them to leave whenever you run out of idiotic arguments. really pathetic!



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  • gcny2006
    05-28 11:58 PM
    Can someone tell me if this is right?

    - Total number of EB-2 visas = 40,000
    - 7% of 40,000 are allocated for India = 2,800
    - Number of EB-2 I I-485 apps pending = 30,000

    So if there is no spillover from other categories it will take north of 10 years for all the people who applied for I-485 in the July 2007 fiasco to get Green Cards. The only caveat to this would be attrition or legislation.

    WRONG

    Mr. Oppenheim has set the cutoff date for EB2 India at January 1, 2000. According to current estimates, out of the approximately 200,000 I-485 applications currently pending with USCIS, 120,000 of them are chargeable to India, with the cases divided evenly between EB2 and EB3. This means that EB2 and EB3 India applicants count for 60 percent of the I-485 cases currently pending with the USCIS.

    - Number of EB-2 I I-485 apps pending = 60,000

    so with no trickle it will be 20+ years





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  • sk2006
    08-16 01:51 AM
    The original post was not about SRK detention.. but it was giving an idea of US immigration system. Well everyone here is singing praises of US immigration system.. if anyone of you will be detained if simillar name flashes on their computer and detained for hours and sent back then i hope you guys don't change your tune.. Thanks for all your reds.. looks like some people over here are interested in green or red.. crazy guys!!! go get a life.

    Can you point to a single post praising the immigration system.



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  • voldemar
    03-28 03:08 PM
    Looks like we have 45 days after the rule goes in effect. Please read the following text.
    Will you please tell us which text you are refering to?
    (2) A permanent labor certification involving a specific job offer
    is valid only for the particular job opportunity, the alien named on
    the original application (unless a substitution was approved prior to
    [effective date of the final rule]), and the area of intended
    employment stated on the Application for Alien Employment Certification
    (ETA Form 750) or the Application for Permanent Employment
    Certification (ETA Form 9089).I'm referring to the above paragraph. The problem is how agency will define "approved" labor substitution.
    I think that labor substitution is approved if I-140 is approved.
    Again, I'm not a lawyer, it's just my understanding.





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  • dvb123
    02-15 10:48 AM
    my friend you really need to dig deeper into stuff...most things are more than meets the eye. courts are very reluctant to strike down laws. the supreme court will strike down a federal law ONLY if it's against the constitution itself...ie there has to be a fundamental problem. this is true both in the US and in India.
    the fact that a law inconveniences people is just not enough ground.

    Yup Paskal I have a dug a little deeper. Although this case is about DV visa it is very similar to our Visa recatpure situation.

    http://64.233.167.104/search?q=cache:yJNFLn-AtcsJ:vls.law.vill.edu/Locator/3d/Jan2004/031075p.pdf+court+order+immigrant+visa+number&hl=en&ct=clnk&cd=7&gl=in



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  • carpediem
    07-27 11:43 AM
    I've lived in Stamford CT and Boston for the last 2 years and surprisingly I've never been approached by a single desi Quixtar person here so far. That's one of the best parts about shopping around Boston... you don't have these people wasting so much of your time.

    When I lived in the Bay Area (3.5 years) I would chat with these people when time allowed, just move quickly around any strangers who seemed overly eager and always respond with I don't give out my phone numbers to strangers if I am forced to chat. So I guess the lesson is to move to areas where there are fewer Indians. Second look older, grow a paunch. Looking fit or young is a problem because they think you're easier to dupe. ;)

    In short I just hate these people with my whole heart and it is a pity that I can no longer chat with random people any longer. What's the value of money if it comes at such a heavy price of destroying a community.





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  • abhijitp
    06-28 04:51 PM
    Not sure if this has already been posted, if so, pls accept my apologies.

    http://www.murthy.com/rumor.html

    Rumor : If the USCIS receives too many I-485 Adjustment of Status applications during the month of July 2007, there will be a lottery to decide whose applications will be accepted for processing. This could happen because almost all EB categories became "current" for the month of July 2007. Posted Jun 20, 2007

    Clarification : There is no lottery expected for the I-485 cases filed in July 2007. This rumor seems to have originated based on the recent crisis with cap-subject H1B petitions. In that case, the USCIS received more than the annual quota of H1B petitions on the first day of filing for Fiscal Year 2008, which begins October 1, 2007. Therefore, the USCIS accepted cases for processing based on a computer-generated, random selection. The system of H1B cap numbers and the EB visa number limits operate differently.



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  • bfadlia
    02-19 03:09 PM
    You have to look at the context in which my comments were made. Somebody said that H4 spouses go to college and pay instate fees but they have to pay international fees. I never said that ROW people do not have any of those problems but it just that we have to endure that for some more years. Having said that, I reiterate that I want my GC fast but not at the expense of ROW people. They do not have to endure a longer wait.

    I thought this thread was given a decent burial, I could trust only you to bring this thread back to life with your hidden agenda of driving a wedge between Indians/Chinese and ROW.

    NKR, you said u r replying to someone else.. i don't know why u then quoted me in ur message and in the end added that I didn't care about u.. is it normal that we run down each other for no reason.. what bad thing did i ever say about u..
    sorry that u got the impression the thread was dead, i was away (soccer then resting u know) and came back to see someone else left me hate/curse messages, and speaking on IV's behalf and no one cared to tell him that both acts were not appropriate.. tell me why is it that u (and may be others) agree that removing the country limit is wrong and that saying some nationality is better and brighter than others is also wrong yet not one is defending me when i make those same arguments and get insulted in the process..





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  • alisa
    02-13 02:04 PM
    Is the cumulative effect of all three measures good for me (reduced wait time, or no change in wait time), or bad for me (increased wait time.)?

    I read this, and I was referring to this:


    If you think a little extra time you need to spend in the queue is turning you so angry, what goes in the mind of a person who has to spend twice or thrice as much time in the same queue, for no fault of his/hers?


    So, does recapture and the increase in quota and the removal of the country limits, result in a greater wait time for me, as the comment above seems to imply. It would, if the recapture and the increase are not large enough to offset the effects of the removal of the per-country limit on ROW.

    Coz if it does, then I don't have an incentive to support your goals, do I?

    If you see the entire post, you will see that the agenda is

    1) Increasing GC numbers
    2) Recapturing numbers and instituting permanent Rollover mechanisms
    3) Eliminate country quotas

    Part 1 and 2 would help everyone from around the world. While 3 would benefit citizens of a few countries more than others, all it is saying is STOP discriminating in employment based green cards on basis of country of origin. You are not BORN with skills and neither does being born in country A make you more SKILLED than being born in country B.

    If you want to see 3 as being the reason to not participate, that you are implicitly condoning discrimination against people born in certain country even though you will benefit equally from 1 and 2.



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  • samay
    07-14 06:33 AM
    I have a unique situation
    1. My PD is EB3 July 2004.
    2. My wife's PD is EB2 Jan 2005
    3. I am dependent on my wife's 485 filed on July 2007. Her I140 is approved.
    4. I switched job on EAD I got from her adjustment application,but earlier company has retained my I140 application.
    The H1 from earlier company expires in August 2008.

    Question is what are my options regarding using my I140.

    1. Can i port my PD for my Wife's application, since it is 6 months earlier ?
    2. Is there a possibility that I can use my I140 whenever it is approved to get an EAD independently since I have already applied for adjustment from my wife's application and not be a dependent on my wife's case.



    1. No
    2. You cannot do that unless you applied for adjustment of status (I-485") as the primary applicant. Since your date is not current right now you cannot file your adjustment of status as a primary applicant.





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  • longq
    02-13 03:53 PM
    Before AC21, the spill over goes vertically.
    After AC21, the spill over should go horizontally. But it is not going so. There is something going behind the screen. There is some reason for DOS is doing so. The law is not gray in this respect. It can be easily litigated, if they issued less than 40,000 EB2 visas and more than 40,000 EB3 visas. Nov 2005 VB is not a law. It is a statement by DOS. The law is section 202 of INA.

    In both cases (before and after AC21) allocation of unused visas should go in a last month of calnder quarter. Both sec 202 3 a and 202 a 5 says "in a calender quarter" ..

    Before AC21

    3) Exception if additional visas available. - If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a) and (b) of section 203 for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during the remainder of such calendar quarter.

    After AC21..

    (A) EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.

    Now ROW experts, post your comment for this hypothitical example ..

    Lets assume there are 100 unused visas in EB2 catagory in a calender quarter. Worldwide EB damand is more than 140,000. Now, how will you assisn those numbers if it is before AC21 period and if it is after AC21 period.

    If you say in both cases it goes to EB3-ROW, then we are not stupid to listien.



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  • breddy2000
    09-04 12:28 AM
    It's a strange fact that he came back to power.

    The guy, his son and his team have been looting, destroying, killing (political killings) on the scales of mafia never ever seen in the history of AP.

    I repeat that again. Good riddance. Wish his Son was also part of the chopper trip...that would have been complete liberation.

    For “dealsnet”, politicians are diplomatic, that is how they have to be, and behind their minds they might have a different plan and agenda. Why should we anonymous people be diplomatic? And why should we be afraid to speak?

    If you have a personal interest in Congress or YSR say your sympathies and talk about it. No need to preach and say that others are not responsible. I think at least in this forum we are educated on a level basis.

    And for closing yesterday’s thread on YSR, you people should grow! Immigration Voice is just one among thousands of other web sites and if you believe you have a point, talk about it.

    CHANDUV23(aka _TrueFacts)
    See what you have been preaching about being afraid. If you are not afraid to speak, why do you need to hide your identity





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  • vkrishn
    07-21 11:13 PM
    Because of all these experiences, even when you genuinely smile or strike a conversation with a desi, he/she first suspects you to be an ammway guy. I face it everyday, being "outgoing extrovert" in nature, I tend to smile and talk to people in elevators, walkways, malls, restrooms, groceries etc... which is mostly casual fun stuff and most times desis suspect that I am a ammway guy and cut me out harshly.

    Chandruv23,
    Its pretty easy to find out who the real stalkers (amyway) guys are and who aren't. I am not an extrovert per se but do wish people on the elevators or even while walking on the park. Amway ones have this totally fake attitude that i can easily find out who they are..

    Problem with these guys is they don;t understand that NO means really NO.. Not Interested.. They think pushing more and more will convince me. Losers!





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  • shensh
    02-14 10:14 AM
    In the past couple of months, EB3-ROW has been getting the same cut-off date as EB-3 CHINA. I don't see any advantage of being EB-3 ROW at all. I think USCIS set up the cut-off date based on estimation on workload, not necessarily fact. Otherwise how could move forward/backward for as long as couple of years in 1 month?





    django.stone
    09-17 02:18 PM
    Do you have any data to back your claim? I beleive there are more EB2 China numbers than India. I remember seeing some data a while back where Indian EB2 & Eb3 ratio was close to 50% where as China it was 80% EB2 to 20% EB3. Which makes me think there are more EB2 china than india.

    You need to multiply ratio with total to get absolute EB2 numbers. If China total is 100, 80% of 100 is, 80 and if India total is 1000, 60% of 1000 is 600. I think people are saying here that in absolute terms India EB2 > China EB2.





    the_googly
    07-23 12:48 PM
    I posted this message on another thread and got slammed - :confused:. All the discussions here are just speculations.. no one really has access to real numbers.. so take it easy this time :p

    As we do not have any real numbers my predictions are based on EB2 numbers from (assuming the data to be a true random sample)

    Here are number of EB2-I I485 pending cases by year

    2007-100
    2006-150
    2005-125
    2004-200
    2003-50 (250 have been approved)

    USCIS has approved about 450 EB2-I cases last year. A conservative estimate of approval rate going forward would be 30 cases per month. Based on this the movement..
    2003 cases will be approved by Sep '08
    2004 cases by Apr '09
    2005 cases by Sep '09
    2006 cases by Dec '09

    Good Luck !!!



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