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  • vikki76
    01-13 05:38 PM
    IV Core and Administrators

    1. AOS applicants using EAD are presently unaffected (if they do not have H1) by this memo. Could you please inquire from USCIS contacts, in case more similar "guidelines" are being planned for folks using EADs?

    2. Also is something more being planned/announced for AC21's "same or similar" criteria? A while back we had a thread collecting evidences and suggestions from the IV members about its interpretation. Please help provide a status update about the meetings with USCIS, IV core group discussions and plans, etc.

    Thanks for all your efforts.

    Best Wishes for all.
    Will there be a problem at time of 485 adjudication? Like, if USCIS investigates whether there was valid employer-employee relationship through out H1 period..even though this memo is released only now.





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  • mr_aryan
    05-01 04:09 PM
    I'm not sure if you r a tamilian or not, but u defenitely sound like India's neighbour Pakistan who claim that their fellow muslims are killed in kashmir by indian solidiers and who also cliam that muslims have been opressed and want a seperate statehood just like the LTTE.
    Lemme remind guyz like u, that LTTE has been responsible of killing Indian Prime minister along with many inncocent civilians & presidents, many prominent leaders, innocent civilians in srilanka.They have been labled as a terrosit organization.
    Srilankan Government has been facing LTTE atrocites for many decades & now that they decided enough is enough & doing what they think is right for their country.
    But some Tamilians like you who are born citizens of India or any other coutry blaming Srilankan Govt, by sympathising with terrorist organisation like LTTE just like any other terrorsit organisation in the world.
    Probably you would'nt have supported LTTE if any of your family member has been killed for being prsent around an attack by LTTE on some leader.
    So just think wisely before you post somethin though this is not the frum for such posts, just because u r a tamilian & some tamilians r killed in a war between LTTE & SL govt.





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  • gcformeornot
    01-13 08:55 PM
    Can USCIS face legal challenges on this? It was just a memo, no law has been changed by the Government; the laws are just the same they were when they let it about a million people or so through these IT consulting companies.

    Now they go back and say that was a misinterpretation of existing laws :eek:
    don't you think. AC21 (the famous Yates Memo) is also a memo. People expect USCIS to follow it though.... :o





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  • logiclife
    07-10 11:08 AM
    Very well said.

    To add to that, my message to Ron Hira, his IEEE-USA, John Miano, others at programmer's guild, Bernie Sanders etc. :

    Your plan to stop outsourcing is really going well. Isnt it ? Well, this is exactly why people like you and John Miano get replaced by hard-working foriegn workers. Because the foriegn workers have a mission to accomplish when they accept a job, unlike you, who intends to do one thing (stop outsourcing) and ends up achieving the opposite (cause outsourcing).

    Keep up the good work and blame the foriegn workers for all your problems in life, including global warming.

    And Bernie, you are the best. Now tell me, how are you going to protect the Americans whose jobs are being taken and shipped to Canada. Are you planning to run for Senate in Canada ? How about you resign and run for office in Canada and slap a $5000 fee there and also give a grand speech you gave in US senate ? Go Bernie, go.



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  • senthil1
    06-15 11:54 PM
    Outsourcing is bad for not only for US citizens but also for future H1bs and GC aspirants also.
    Still all the jobs cannot be outsourced. Also if that would have been the case I would have been out of job. But My salary was increasing steadily and in this tough economy also I was able to get a new job with 20% rise in pay after I lost job . There are many companies in USA who are only hiring USA citizens and discouraging outsourcing. Wherever I was working I discouraged those companies from outsourcing but encouraged them to hire h1bs ,GC holders or US citizens. Many start up companies in California cannot afford to do outsourcing because of tight release schedules.

    dilipcr,

    Please wake up from your dream. No matter how you want it, outsourcing won't go away.

    Outsourcing companies will always provide a lower cost to client as long as dollar is valuable than rupee ( or any other developing world currency).

    They can do this by one of the following ways.

    Use L1s for client site assignments. Some of these maybe illegal. Still they do it. Client is happy, outsourcers are happy.

    Let us say everybody complains to ICE about this and L1 visas are unavailable for outsourcers. Their next strategy is to change the ratio of onsite resources to offshore resources. Again they will offer a cheaper solution to client. For executing a project in onsite/offshore model they don't need all these L1 guys here. They just need a few managers and maybe some team leads. They can execute the project with minumum resources onsite. Company and client wins again. The only reason they place so many resources onsite is to charge the client at dollar rate.

    If US wants to prevent offshoring they have to ban offshoring explicitly. Doing so will go against the WTO rules.

    To summarize, outsourcing cannot be stopped. Salary levels will always go down with time.





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  • snelakan
    06-27 10:00 PM
    cause state department made the dates current....USCIS can only request visa's from state department.....since they were not asking for a lot of visas, which were going to go waste, state department made everything current...



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  • VenuK
    07-10 03:10 PM
    This question is for Attorney and for Everyone:

    Could you pls... pls... look into my case and if possible could you provide your suggestions.

    here is the link for my case
    http://immigrationvoice.org/forum/showthread.php?t=20055

    with Thanks in advance,
    Venu





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  • Blessing&Lifeisbeautiful
    07-25 08:38 AM
    OLDMONK - sam_i02 - BLIB

    Here is my $.02 (or maybe 200 cents)

    I am here since 2001 and my family joined me in 2002. I came here at a fairly grown up age and the reason for coming here is mainly for a better life for my family. I don't make enough money to be able to send and invest in India. In fact I was sent money (more than $10K) a few times from back home.

    But I do make enough money here to be able to live in a good house and have a couple of cars. In India I couldn't have dreamed of a second car (I did have a car in India) and it would have been impossible for my kids to have a car when they are 16. I know for sure I have secured the future of my kids better here in the US than what it could have been for them in India. We are educated people and we keep reading about the successes of the Ambani Borthers, Rahul Gandhi and others. Our family with average IQs and wealth can only read the news but can never have a chance to have a go and succeed like those BIG WIGS in India. Here in the US, we definitely have a chance, to become at least a millionaire before we retire. As for my kids, they could be rich at a much younger age.

    My PD is Oct. 2003 EB2 India (filed everything in June 2007) and I have sustained the wait for 4 years and I am willing to take on the stress for may be one more year for my family by which time we all should have our GCs. Moving to Canada? - I would rather start my own consulting company in Canada and go there once in a while (preferably in the summer) to enjoy the weather and to take care of my business.

    Sincerely - IE


    You are right. A lot of us came here for a better life. And yes it is a better life. I think Canada is a good option, but it is a lot harder to uproot and move, when you are sooo settled in the US.

    Thanks for sharing your story.



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  • ramus
    06-27 09:48 PM
    Yes I agree.. But if they don't move date foward then they can't approve those backlog applications.And they don't want to loose 40,000 visas . Now when they made all date current, they can approve all those pending application which are complete and just waiting for date to become current. Now we don't know real number and don't know how long it will take USCIS to do all approvals. But if they approve 40,000 in 2 weeks, I won't be surprised if they make it 'U' like other workers.

    But then question still remains why they made all current. They could have just moved it by year or so.. And I am sure they know how many application they can expect in July.. I already saw some where that we have around more then 80,000 approved perm.. All they going to apply.. And what about all whose labor just got approved fro Backlog centers?

    Its making everybody confused.. But its not in our hand and we can't do anything. Best thing is to file asap and just hope for best and we are always ready for worst..


    Just think if they make date 'U' in middle of july, how many member going to loose money. Each of us spent so much money this month and if nothing happens that we loose all of it.






    Iam a little skeptical about the AILA comment, If USCIS had "far more than 40,000 AOS applications that are ready to be aproved", why the heck would they make all the dates current.

    Some argue that they wanted to gauge the true demand for GC out there. But in order to do that, they would 1st have to accept the application, go over it, acertain the number of beneficiaries involved etc..


    Out of all the versions that I have seen floating around, I find this the most plausable, undoubtedly USCIS has a ton of pending applications, but a lot of these are struck in various sub-procceses (Name check etc), since they do not want to waste the visa numbers like last year, they are inviting additional applications so that if nothing else, easiest of cases go through.

    Not to say, what AILA is saying cannot happen, 'coz who knows how these things really work. USCIS is this big black hole...





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  • old_hat
    05-03 02:19 AM
    There is a real truth and history. thats why the whole world is crying for Ceasefire and Diplomacy!!!

    http://news.bbc.co.uk/2/hi/south_asia/8022190.stm
    Extract from the news
    ----------------------------
    Ceasefire pressure
    Mr Bildt told the BBC: "They have said I am not welcome at this particular period of time - they were saying that they can't handle too many people.
    "There must be some sort of reason but it has to be a rather odd one."
    Mr Bildt said he was recalling the Swedish ambassador in Sri Lanka for consultation, adding that Sri Lanka did "not seem to be too interested" in its relationship with Sweden at the moment.
    ----------------------------

    dude i have said civilians in all wor/terrorism zones need to be supported. Please read my posts.



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  • sankap
    07-10 01:06 PM
    FYI... Canada has much better public schools and health care...Never mind the high taxes...





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  • Vishal2007
    05-02 01:12 AM
    I think judging Gandhiji in the context of Indian History is beyond my pay grade. I am sure about the fact that his ideology would remain relevant for much more time in human history.


    I like this (read as a good humor), his ideology would remain relevant for much more time in human history. you go by , Gandhi is father of our nation, I am thinking beyond that, he had power to influence British gov. to avoid death penalty for Bhagat Singh, he never used his power, because he was jealous of Bhagat



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  • kalyan
    12-13 10:56 AM
    If per Country Laws are removed in issuing Green Cards, then 90% of the employment based Visa's will be given to Indians and that too in the IT Sector.

    Mostly the country will be Indians, chinese, mexicans . The Law makers don't want to colonize America.

    There is a lot of stress that was done in making that decision

    You can challenge this but i would say, you will never win it.

    You can challenge the State but cannot win it.





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  • Milind123
    07-24 07:33 PM
    Good luck buddy. Well said.



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  • breddy2000
    09-03 11:50 PM
    This is not your YSR's factionist land to be afraid off. Same id or not, you can't pick a hair.

    With your utmost stupidity!!!!!

    Anyway thanks for the Humor from your stupidity...





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  • Legal
    07-22 02:12 PM
    Here's an Apr-2006 EB2-I approval posted today on Murthy forum:

    http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=1474093861&m=8351049171


    suspect he is spreading rumor. not clear what his country of chargeability is, since he did not respond to this question.



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  • grupak
    12-14 04:48 PM
    Simple. If it wasn't for that ceiling the vast majority of the visas will go to applicants from the oversubscribed countries. Now this is not a bad thing if the visas are in unlimited supply. But since that's not the case, the country ceiling ensures that even people from smaller nations will get an equal oportunity to claim a visa before all the visa are grabbed by their BIG brothers and sisters. And what's more what ever is left is given back to the oversubscribed countries.

    How can you call that unfair? Is it fair to deprive a person from a smaller country, equal chance to have go at his GC?


    In the current situation, removing the country limit is not a solution because almost everyone is backlogged. On the other hand increasing the total number of GC even by a factor of 2 might not be the solution either because countries like China, India, Mexico and Philippines will likely still be backlogged.

    IV is for everyone. Its not just for Indians only, and that is what I believe in. To help everyone, IV is pushing both increasing the total number and also increasing the per country limit. As I explained both of these have to go together otherwise it does not help.





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  • chanduv23
    06-27 07:29 AM
    It doesnt say anywhere that they can change PDs in the middle of the month. What they are saying is that based on data collected from the "total number of files at point of approval" they can change PDs. But it doesnt say that they can change PDs in the middle of the month.

    If anyone has a URL or source of information that shows the USCIS stopped accepting petitions in the middle of the month even when the dates were current, PLEASE POST THE URL OR SOURCE.

    Otherwise this is bogus information coming out of certain law firms.

    And this community is so scared that they have started seeing what they believe rather than believing what they see. The cynicism and psychosis has reached such alarming levels that people are seeing things even in Ombudsman report that dont exist.

    :D :D :D :D The most successful people in the world are cynics.
    People who initiate this kind of news - have been popular Attorneys. No idea why they do it - maybe to get more people to file and more money etc...





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  • garybanz
    12-14 02:15 PM
    Federal Equal Employment Opportunity (EEO) Laws

    The Federal laws prohibiting job discrimination are:

    Title VII of the Civil Rights Act of 1964 (Title VII), which prohibits employment discrimination based on race, color, religion, sex, or national origin;

    the Equal Pay Act of 1963 (EPA), which protects men and women who perform substantially equal work in the same establishment from sex-based wage discrimination;

    the Age Discrimination in Employment Act of 1967 (ADEA), which protects individuals who are 40 years of age or older;

    Title I and Title V of the Americans with Disabilities Act of 1990 (ADA), which prohibit employment discrimination against qualified individuals with disabilities in the private sector, and in state and local governments;

    Sections 501 and 505 of the Rehabilitation Act of 1973, which prohibit discrimination against qualified individuals with disabilities who work in the federal government;

    and

    the Civil Rights Act of 1991, which, among other things, provides monetary damages in cases of intentional employment discrimination.

    If no one (including the Govt.) is allowed to discriminate based on national origin then how can the Govt. discriminate on EB Emigration based on national origin ?

    I think this is a fair question and most Americans in my work place agree with me. I don't know if we will win the case or not but if we win we can get

    1) Removal of country based quotas
    2) recapture of Visa's lost due to country based quotas

    If we lose the case we will at least get more attention of the national media, it's up to us how we manage the media attention and have a positive effect on the popularity of our cause.

    IMHO taking the opinion of the best attorney on constitutional law can not hurt. :)





    vgweb
    09-14 02:38 PM
    Thanks for the great service- H1B valid for 3 years, 485 pending more than 180 days, need to go back abroad and work for another employer in abroad a year and then come back US - Working for different employer in abroad would cause any issues with H1B or GC? Pls provide ur valueable suggestions





    bestia
    02-16 04:40 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.



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