Thursday, June 9, 2011

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  • meridiani.planum
    12-13 11:41 PM
    What are the chances for the PD moving to Mid 2007 by end of 2010 ? :(

    are you referring to EB2-India? Without any legislative or administrative changes the chances of reaching 2007 next year are pretty much zero IMO.

    If I were to play the prediction game, based on the stats that USCIS released and their own statements in this months VB, this is what I would guess [Q1 meaning Jan-Feb-March: calendar quarter, not USCIS quarter which runs from Sept]:

    - Q1 2010 : EB2-I reaches Feb and or early March

    >> Reasoning: its already at Jan-end and there are tons of cases in March. because PERM was about to start from April 2005, lots and lots of companies pushed and filed for labor in March. So Jan will be crossed and most likely Feb also. But March is a big hump to cross.

    - Q2 2010 : EB2-I goes "unavailable". Probably in May, or in June

    >> EB2-India should exhaust its annual quota for the quarter well within the cases from Jan/Feb/early-March. So now the VB would go unavailable.

    - Q3 2010 : EB2-I goes to April/May/June-2005 in July, then Dec 2005 by Sept VB.

    >> the big spillover of visa starts. Note that spillover has not yet happened. THere is speculation at this point, but traditionally whenever there is spillover (look at last 3 years VB) India and China have the same PD because thats how the visas can spill over equally to both of them. The state dept's own prediction is dates will reach December and thats likely. Note that in their prediction (in the VB) dates for India and China are identical as is expected when spillover takes place. This is the time when the big bump of cases at March should get levelled out.

    - Q4 2010 : EB2-I goes to Oct 2005

    >> 6 months past PERM the number of filings had picked up again, so based on the EB-I pending cases stats come October 2010 the date should roll back to October 2005. Spillover wont be in effect and India will be back to its annual 7% limit.

    - Q1 2011 : EB2-I goes to Dec 2005

    >> dates will creep along slowly/

    - Q2 2011 : Dec-2005 or 'U'.

    >> same story: India quickly exhausts its annual quota, and must now wait for spillover.

    - Q3 2011 : EB2-I goes to March/June 2006

    >> spillover happens, but unlike earlier there are lots and lots of cases from 2005-end to first half of 2006. So even with spillover the dates are unlikely to go past June 2006.




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  • Vsach
    07-14 09:40 PM
    bump:)




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  • ashutrip
    06-20 08:30 AM
    Any trend of backlogs getting cleared?




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  • arnab221
    06-21 01:54 PM
    I am just hoping we do not mis the July Bus :cool:

    Relax Buddy , now that the bus has come they will keep coming .Most of the people will go in this bus. The dates will retrogress for some time and will be current maybe next year . If not this bus then the next bus . No use raising your blood pressure for this . Attorneys and the media have a habit of scaring people unnecessarily . This Current date is not the end of the world , so take a chill pill ..



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  • pappu
    08-12 10:55 AM
    Senate Passage of Border Security Legislation

    August 12, 2010

    Today, I come to the floor to seek unanimous consent to pass a smart, tough, and effective $600 million bill that will significantly enhance the security and integrity of our nation’s southern border—which currently lacks the resources needed to fully combat the drug smugglers, gun-runners, human-traffickers, money launderers and other organized criminals that seek to do harm to innocent Americans along our border….

    The best part of this border package, Mr. President, is that it is fully paid for and does not increase the deficit by a single penny. In actuality, the Congressional Budget Office has determined that this bill will yield a direct savings to taxpayers of $50 million….

    The emergency border funds we are passing today are fully paid for by assessing fees on certain types of companies who hire foreign workers using certain types of visas in a way that Congress did not intend. I want to take a moment to explain exactly what we are doing in this bill a little further because I want everyone to clearly understand how these offsets are designed.

    In 1990, Congress realized that the world was changing rapidly and that technological innovations like the internet were creating a high demand in the United States for high-tech workers to create new technologies and products. Consequently, Congress created the H-1B visa program to allow U.S. employers to hire foreign tech workers in special circumstances when they could not find an American citizen who was qualified for the job.

    Many of the companies that use this program today are using the program in the exact way Congress intended. That is, these companies (like Microsoft, IBM, and Intel) are hiring bright foreign students educated in our American universities to work in the U.S. for 6 or 7 years to invent new product lines and technologies so that Microsoft, IBM, and Intel can sell more products to the American public. Then—at the expiration of the H-1B visa period—these companies apply for these talented workers to earn green cards and stay with the company.

    When the H-1B visa program is used in this manner, it is a good program for everyone involved. It is good for the company. It is good for the worker. And it is good for the American people who benefit from the products and jobs created by the innovation of the H-1B visa holder.

    Every day, companies like Oracle, Cisco, Apple and others use the H-1B visa program in the exact way I have just described—and their use of the program has greatly benefitted this country.

    But recently, some companies have decided to exploit an unintended loophole in the H-1B visa program to use the program in a manner that many in Congress, including myself, do not believe is consistent with the program’s intent.

    Rather than being a company that makes something, and simply needs to bring in a talented foreign worker to help innovate and create new products and technologies—these other companies are essentially creating “multinational temp agencies” that were never contemplated when the H-1B program was created.

    The business model of these newer companies is not to make any new products or technologies like Microsoft or Apple does. Instead, their business model is to bring foreign tech workers into the United States who are willing to accept less pay than their American counterparts, place these workers into other companies in exchange for a “consulting fee,” and transfer these workers from company to company in order to maximize profits from placement fees. In other words, these companies are petitioning for foreign workers simply to then turn around and provide these same workers to other companies who need cheap labor for various short term projects.

    Don’t take my word for it. If you look at the marketing materials of some of the companies that fall within the scope covered by today’s legislation, their materials boast about their “outsourcing expertise” and say that their advantage is their ability to conduct what they call “labor arbitrage” which is—in their own words—“transferring work functions to a lower cost environment for increased savings.”

    The business model used by these companies within the United States is creating three major negative side effects. First, it is ruining the reputation of the H-1B program, which is overwhelmingly used by good actors for beneficial purposes. Second, according to the Economic Policy institute, it is lowering the wages for American tech workers already in the marketplace. Third, it is also discouraging many of our smartest students from entering the technology industry in the first place. Students can see that paying hundreds of thousands of dollars for advanced schooling is not worth the cost when the market is being flooded with foreign temporary workers willing to do tech-work for far less pay because their foreign education was much cheaper and they intend to move back home when their visa expires to a country where the cost of living is far less expensive.

    This type of use of the H-1B visa program will be addressed as part of comprehensive immigration reform and will likely be dramatically restricted. We will be reforming the legal immigration system to encourage the world’s best and brightest individuals to come to the United States and create the new technologies and businesses that will employ countless American workers, but will discourage businesses from using our immigration laws as a means to obtain temporary and less-expensive foreign labor to replace capable American workers.

    Nevertheless, I do wish to clarify a previous mischaracterization of these firms, where I labeled them as “chop shops.” That statement was incorrect, and I wish to acknowledge that. In the tech industry, these firms are sometimes known as “body shops” and that’s what I should have said.

    While I strongly oppose the manner in which these firms are using the H-1B visa to accomplish objectives that Congress never intended, it would be unfortunate if anyone concluded from my remarks that these firms are engaging in illegal behavior.

    But I also want to make clear that the purpose of this fee is not to target businesses from any particular country. Many news articles have reported that the only companies that will be affected by this fee are companies based in India and that, ipso facto, the purpose of this legislation must be to target Indian IT companies.

    Well, it is simply untrue that the purpose of this legislation is to target Indian companies. We are simply raising fees for businesses who use the H-1B visa to do things that are contrary to the program’s original intent.

    Visa fees will only increase for companies with more than 50 workers who continue to employ more than 50 percent of their employees through the H-1B program. Congress does not want the H-1B visa program to be a vehicle for creating multinational temp agencies where workers do not know what projects they will be working on—or what cities they will be working in—when they enter the country.

    The fee is based solely upon the business model of the company, not the location of the company.

    If you are using the H-1B visa to innovate new products and technologies for your own company to sell, that is a good thing regardless of whether the company was originally founded in India, Ireland, or Indiana.

    But if you are using the H-1B visa to run a glorified international temp agency for tech workers in contravention of the spirit of the program, I and my colleagues believe that you should have to pay a higher fee to ensure that American workers are not losing their jobs because of unintended uses of the visa program that were never contemplated when the program was created.

    This belief is consistent regardless of whether the company using these staffing practices was founded in Bangalore, Beijing, or Boston.

    Raising the fees for companies hiring more than 50 percent of their workforce through foreign visas will accomplish two important goals. First, it will provide the necessary funds to secure our border without raising taxes or adding to the deficit. Second, it will level the playing field for American workers so that they do not lose out on good jobs here in America because it is cheaper to bring in a foreign worker rather than hire an American worker.

    Let me tell you what objective folks around the world are saying about the impact of this fee increase. In an August 6, 2010, Wall Street Journal article, Avinash Vashistha—the CEO of a Bangalore based off-shoring advisory consulting firm—told the Journal that the new fee in this bill “would accelerate Indian firms’ plans to hire more American-born workers in the U.S.” What’s wrong with that? In an August 7, 2010 Economic Times Article, Jeya Kumar, a CEO of a top IT company, said that this bill would “erode cost arbitrage and cause a change in the operational model of Indian offshore providers.”

    The leaders of this business model are agreeing that our bill will make it more expensive to bring in foreign tech workers to compete with American tech workers for jobs here in America. That means these companies are going to start having to hire U.S. tech workers again.

    So Mr. President, this bill is not only a responsible border security bill, it has the dual advantage of creating more high-paying American jobs.

    Finally, Mr. President, I want to be clear about one other thing. Even though passing this bill will secure our border, I again say that the only way to fully restore the rule of law to our entire immigration system is by passing comprehensive immigration reform….

    The urgency for immigration reform cannot be overstated because it is so overdue. The time for excuses is now over, it is now time to get to work.




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  • Leo07
    05-03 02:28 PM
    ^^^^^^^^^^^^^^^^



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  • hopefullegalimmigrant
    01-07 04:19 PM
    I am going to use AP as my backup> I will be going in for H stamping in India




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  • desi485
    11-26 02:00 AM
    bkn96, Thanks a lot for this information.

    Guys, I was just wondering whether we can talk to Ron Gotcher/Greg Siskind to take up our case with AILA or USCIS. Ron Gotcher seems to be very very unhappy about this wrong doing of USCIS. Any suggestion?

    Someone pointed that AILA recently discussed this issue with cis, and rule is still under development. There was a link posted to a PDF somewhere on this/similar thread. I will try to find and post a link here!



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  • vine93
    08-26 12:27 AM
    ICICI is best if you have short term trip and wants to finish paper work quick. Even you can do it while sitting here , Only thing you need to send a Power of attorney from here through Embassy.

    If you have long term trip and somebody known within SBI/LIC. Then their terms and conditions are too good. No Pre-payment Penalty.

    There are less paper work involved if you buy it from Builder or First sale. You should be careful while buying second sale or most of the people ask Black money first , even before starting the bank paper work.

    Good Luck !




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  • nixstor
    03-31 08:52 PM
    How insane am I? How insane are u? If it was not the USCIS, u wudn't have put ur foot into this country using ur H1B visa. U r in a foreign land and u want things happen like at the snap of ur finger? U think immigration is the only issue US has. U donno nothing about other issues the Govt is facing. If u dont like the administration...just get out. How in the world can a foreigner think about changing USCIS management process? What rights do u have? U cant even vote and u want to change the management process of a Govt body. U think u r a citizen and have all the rights. Kudos to the US Govt for making us feel at home and letting us talk like this. IV can fight upto some extent by the kind of campaigns they are hosting. But its USCIS' prerogative what they want to do. In the first place IV is fighting for Employment Based GCs. The fight which should actually be fought by Employers and above all ppl like u have the audacity to talk about the irregular management in USCIS and even going to the extent of changing it. And they took the shortest and safest way out? U think they wudn't have gotten away by NOT letting u have ur EAD now? U must be from India where there is lot of corruption. How wud u feel if US citizens came to India and propose a change in the Government. US citizens who are immigrants in India - Did u even think about it? U dont even know how to think properly. I will still say...SHAME ON U.

    Are you saying that USCIS bestowed up on every EB based immigrant with H1B visas and did all of us a huge favor? The simple point is there is a need and all of us happened to be the applicants. If there was never a need, none of us would have been here, irrespective of how many applications came in. People immigrate to US because there is more predictability and accountability in all walks of life when compared to other countries. Lately that has been changing for what ever reasons in the US, while other countries are emulating US's past success formula. There is a difference between in thought process of "deserve it" or "will take what ever I am given". Its not the US government that is letting any one talk. The underpinning principles of this country that make people talk. I think people on the forum are asking for some predictability and accountability after years of mishaps. If you feel that you have no rights what so ever thats fine. It appears a bit premature to say and "We have NO RIGHTS WHATSOEVER to ask for ".



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  • Green.Tech
    06-11 10:46 AM
    Let's see who the first HERO will be to break the pattern of 2 days of zero contributions...




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  • shantak
    07-18 01:33 PM
    I made the next payment of $100.00
    Google Order:613953234192030

    Total Contributions: $350.00
    I will contribute more periodically
    Thanks



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  • msp1976
    01-10 03:14 PM
    Interesting comment.....
    I am going back in a few years!..this in Bhoga Bhumi(Land of material pleasures)...my land Bharath is Punya Bhommi(Land of Good Karma).I am heading home no matter what!
    I think as much punya is done in this country as there is a quest of bhoga

    Every one says that they are going back in a few years...I am yet to meet someone who says they would not go back no matter what...




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  • pappu
    08-08 02:49 PM
    Pappu - it is good to know that we are using the current mass media in this techie country (actually world...should say). Anything "Open" would yield good results.
    My suggestion is not only contribution but also careful screening of opinions would be needed.
    I will definitely love to contribute.
    thanks MahaBharatGC ,
    pls feel free to contribute and comment on other's op-eds if there are any suggestions to make them better.



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  • vparam
    09-30 11:14 AM
    This is an excellent thread. It's something I've been looking for for a long time. I am still not clear about using AC21. Here's my situation.

    July 2nd filer. Received EAD for me (primary) and my spouse. Waiting for I140 approval. I understand it's risky to invoke AC21 before I140 approval. After I get it approved, here's what I intend to do.

    1. Inc a business in my spouse's name.
    2. Invoke AC21 and join my spouse's company as a "Software Engineer" (my position in LCA)

    If I do this, during I485 adjudication, all I need is an offer letter from my spouse company saying that I am working as a Software Engineer right?

    Also, does USCIS care during I485 adjudication whether I got paid continously while employed with my spouse's company?

    If for any reason, I decide to quit my spouse's company before I485 adjudication and move to a different company, Will I be able to do this?
    yes, you should be able to jump as many organization as you like...




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  • speddi
    07-06 09:36 AM
    http://avatarsofslavery.googlepages.com/home



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  • coolpal
    02-04 12:25 PM
    My wife has H1B processed in maiden name -(i 797, i-94, stamping). she recently changed her maiden name to married name. she changed her name in SSN and Passport. DMV in NJ are asking to change the name in immigration office. We spoke to the immigration authority and they say there are no relevant forms to make the name change. If anybody have solution let me know.

    Explain to the DMV about this... and try not to go on a weekend. They are extremely busy on weekends are easily irritated. Find them when they are relatively calm and free...

    pal :)




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  • Edison99
    02-03 02:55 PM
    Congrats and good luck with your GC process !

    9years: So finally did you have to send the interfiling request, or they approved it automatically.

    - My EB2 140 got approved 2 weeks ago (with July 03 PD), but still no LUD on my 485.
    - I placed a Service Request last week on my pending 485, which resulted in a soft LUD on my EB2 140 but nothing on 485.

    I just wanted to know if you also had to send the interfiling request just like VayuMahesh.

    Thanks,




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  • RNGC
    06-25 11:46 AM
    well said...to put in a nutshell "Desire and Inovation is flushed by immigration wait ...."

    This is what I think America loses due to delay in green card process. I can say this from my own experience. People with advanced degrees in Science and Technology have to keep doing same job to maintain status for 8 - 10 years since changing job / company reset's their GC process. When a guy comes to US for education the average age is around 23 - 24 years. MS completed by 25. Most guys at that time have burning desire to do something new and innovative (either in job or starting own business). But the most fortune 100 companies do not sponsor H1B or GC (Example Raytheon, Toyota, Lexmark .... based on my personal experience as electrical engineer) so you end up compromising with career to maintain status and work for companies that sponsor H1B ( future career prospects take a backseat). Then after 8 - 10 years when you get GC you already are married and possibly kids to look after you are already burnt out and want to keep working in the same desk/ clerical job that you have been doing for so many years. So its a lose lose situation to all neither government gains from the GC (by which they hope to make US a more innovative place) nor the immigrants since by then all they can think is a full time job, home and 401K.




    GC-Italy
    03-20 10:09 AM
    On page 10 of this thread you can see my other entry.

    I got my receipt numbers on March 14th.
    I immediately called customer service to figure out what my options are.
    They inoltrated a request to expedite and gave me a WTCxxxxxxxxx confirmation number (similar to what happened to watertown).
    I read the various forums and I cannot find any other example of this WTC confirmation numbers.
    Are there other people that requested to expedite AP through the phone and got a WTCxxx number?
    What is your experience with this method?
    Thank you in advance.




    GoGreen
    08-11 10:13 AM
    How many of us contribute to IV in terms of time, $ etc.
    and how many are some free riders?



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