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  • a1b2c3
    01-14 12:48 PM
    Check what they are paying. I know a company which charges $110-$130 ph to the client and payes around $30K for the employee in L1. Is it good business practice...? Not only desi consulting cos...these a$$ also the reason we are in this mess today. Just imagine when the antis comes to know that 30K pa salary....

    V true.

    Folks, the memo clearly empowers USCIS to crack down on consulting firms which don't have any in-house infrastructure (other than contractors) to execute projects.
    H1B is misused for a long time now by these firms and it was high time they put the screws on these "job shops" as they call it. Unfortunately some talented workers will get impacted.
    But if they are talented they will find opportunities elsewhere. Trust me on that. And better opportunities.

    Nathan is exactly right. These firms have created a mess by bending rules everywhere.

    Don't start speculating that USCIS is trying to throw out all immigrants from this country. I'm surprised that folks don't take a proper view of the situation (yeah..bring the reds on and call me an anti-immigrant).





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  • WeldonSprings
    09-24 12:10 AM
    Hi, And just for my own and others who have a Priority date earlier than March 2006; can you tell us after looking at the today's data; when will we be current?

    Thanks.

    By Septemebre 2010, EB3-india wll be in the mid of 2002.





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  • smuggymba
    01-16 02:17 PM
    Shaant bhaiyon shaant. Take it easy. Lets get back to the topic.

    I hope that this memo is not mis-used to affect the good apples, that's it.





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  • redcard
    05-29 01:14 PM
    "This is due, in part, to huge increases in the usage of EB4 and EB5 categories"

    Something funky in this ,, where are all these religious workers on EB4 coming in US and where do they work� I think this is another fraud. Seems like folks have started using this category now to get people from India.. and EB5 where is the money to invest in this market.. Seems like another fraud happening.. or software engineers now coming to US to Religious workers..



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  • ashshef
    10-21 01:55 PM
    Looking at approval data, i see EB2-India approvals continuing with many recent approvals from Jan 2005. Leading me to believe that most of the application current will be approved by Nov 2009 and we should see +ve movement in EB2-India date to March 2005 in Dec 2009 Bulletin.

    I'd be surprised to see that much movement before the Jan bulletin. If they do a quarterly spillover, I am hoping they'll move it to March at least.
    Been working on H1 since mid-2000. Getting more and more anxious as the dates draw closer.





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  • gc28262
    01-17 11:10 AM
    Even if it is ok to fight how much resource IV have it to fight multiple issues. Resource means not just money but also time, manpower and effort. Most of the issues can be resolved if EB reform is done as people need not renew H1b as most can get GC within 3 years. Law clearly tells that there should be valid job position for H1b at the time of filing. For consulting bodyshoppers will bring persons here and search for job. That is clearly violation of law.
    But certainly it can be requested to USCIS to change if geneunie persons are impacted. If memorendum is violation of law then USCIS will face lawsuit and you can also do that

    This law was made by snram4 in his backyard ! :cool: No lawyer in US is aware of this.
    There were indians who served British East India company during Indian Independence struggle.



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  • franklin
    02-13 01:42 PM
    immigration-law.com posted country wise EB visa allocation for the year of 2005. For example, Nepal used only 70 EB3 visas. Whereas country limit is 7%. In that case how EB3 Nepal is retrogressed?

    Can we sue USCIS? Let's discuss.
    In that case, let's hire an attorney.

    There is no such thing as EB3 Nepal, which I'm sure you know. In EB3 ROW, this includes everyone else. I'm sure there are some significant numbers from the UK, Germany, Australian (although they might be separate under E3... not sure), Japan, Tawian.... etc etc the list goes on.

    EB3 ROW doesn't just mean those from tiny countries with tiny populations





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  • amulchandra
    04-29 09:19 AM
    This is from Immigration Law firm. Is it true?

    04/28/2007: Labor Certification Substitution Elimination Final Rule Approved by OMB 04/27/2007

    The OMB approved this final rule. As soon as this rule is released, all those certified labor certification cases which have yet to be filed for substitution I-140 will be no good for substitution.



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  • mallu
    02-15 04:41 PM
    ....

    The story is different for EB immigrants. Their eligibility does not expire. That's why it's possibile to recapture numbers from the previous years.


    So, my sending letter to pres. Bush to recapture unused visas is not a waste.





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  • pcs
    07-03 03:51 PM
    I talked to someone & got immediate appointment. Few minutes later I got anoter call back to reaffirm teir support

    Please call your congressman office. I am only asking them to ask USCIS to receive the application instead of rejecting it



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  • Ramba
    03-31 08:47 PM
    Even Muslims in Gujarat have started realizing congress is good for nothing.Congress just makes promises that it never keeps up.Uses opportunistic politics.well of course you create opportunities that are helpful to people which will bring prosperity along with awareness.Increased awareness among masses means end to dynastic rule.So why keep up promises and shoot your self right?

    On the other hand Modi who doesn't even need Muslim votes in Gujarat has worked for overall development. In terms of this Imam from Gujarat;
    'Seeing him work for two or three years after the riots, Muslims too felt they had an opportunity to prosper in the peaceful environment that Modi government was creating. He has provided an atmosphere which is conducive for those who want to trade peacefully in Gujarat. Therefore, intelligent Muslims supported BJP during 2007 Assembly polls'

    Apparently there this group called ,'Tablighis ' who have foreign funding ( which was of course was checked by Modi govt) working towards keeping the hatred alive.It's anybody's guess who benefits from such hatred apart from congress party.

    This guy also says:
    'But let me tell you, projection of 2002 riots was much more grave than the situation actually was. '



    But you know congress party that orchestrated sikh riots went to form govt ,Rajiv Gandhi speaking about sikh riots said 'When a banyan tree falls earth will shake' then he went to be country's PM indulging in all kinds of scams.Now his wife,children are holding offices.Congress party guys directly involved in the attacks also keep getting party tickets.That OK?

    Agree hard work,entrepreneurship and other such qualities are in gujaratis's blood.Intersting how until Modi that time of prosperity never came.

    Most of Telugu people are in I.T , but time for Hyd to get onto International map didn't come until CBN.Again during the current Congress regime in Hyd that time kind of took back step.

    Name of that time is good governance.

    I am not defending any party or person. Everybody is equally bad. Let, all the Muslims in Gujarat may start love him, and entire Gujarat may vote for him. That does not matter. My point is that those people who run for high office should not have any criminal background, despite how much qualified or skilled they are. Assume, if you involved in small domestic violence, and if you fail in small background check you will not get GC even if you are a Nobel Prize winner. Think about PM post and its responsibilities.





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  • pappu
    07-02 06:07 PM
    We are starting a media drive from tomorrow on visa bulletin.
    Before we post all the details and how to's

    we need help from members to:

    - post some email templates specific to this visa bulletin and our cause. Mention IV name several times in the template so that the reporter can contact us.

    - Someone please collect a list of the reporters from pervious media drives , make a file and post it here.

    Let us get this background work done tonight and from tomorrow morning we will start this drive with a bang.
    =======================
    media list
    http://www.mydatabus.com/myFiles.php?pt=createLink&fn=Media.xls
    members can post other email addresses on the thread so that everyone can write emails



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  • sumagiri
    07-23 08:04 PM
    Yes i am very much implying that ..EB2 PD was 02 in Dec, 01 in Jan, Unavailable in Feb-March 08. So there where very few visas given to EB2 india in first 8 months. Same with China went back to 03 in Dec and stayed there for most of the 8 months period.

    From Dec 08 Visa Bulletin

    Sachug22,

    It may be simply because EB2 numbers are used up fast for the quarter. It is right now a blind spot and an estimate of what happened depends on perspective.

    Any how, you brought up a new perspective so gave you a green.





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  • lotsofspace
    02-13 11:59 AM
    I agree that quota system is cumbersome. It would've been much easier just to have one bucket. But I fail to see how it is discriminatory when every coutry gets an equal piece of the pie. It is a classic supply and demand issue, but it's not a discrimination. Consider also the fact that GC is a grace not a right. "Is it not lawful for me to do what I will with mine own?"

    The problem here not every country gets equal or equitable piece of pie. The probelm is Part of the pie gets thrown out and not given to people in the line because too many of them happen to be from one country.



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  • unseenguy
    06-16 01:09 AM
    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.

    Correct. So based on your post, skilled people need not worry about outsourcing. You can argue in favour of onshoring and that is a good argument. I support this kind of approach.





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  • satyasaich
    01-13 04:04 PM
    Nuke buddy are you off your rocker. These guys will kill you for even suggesting it. I myselft have taken all kinds of abuses from everyone here and i myself had the presence of mind to not go there. Leave it . That law is the law. Of course it did hurt EB3 but what it did is take the unfair benefit that EB3 was getting because of wrong interpetation of the law. No all that is water under the bridge.

    Once upon a time in this country ( & based on situation 'at' that time), laws were made and hence some classifications such as EB1/2/3 etc;
    I'm not here to waste any one's time( including mine) but why shouldn't we ( i mean IV which includes "all" members) try for following
    1. Automatic consideration of any EB3 after 5 years of filing date of LC ( conditions being verifiable and clean work history ) to EB2 such as a person in the queue shall be able to apply him/her self by providing facts such as 5 years of W2s, say for example.

    2. Any spill over from ROW must "first" be made available to "highly retrogressed EB category" regardless of the country. Simple rule: make the spill over available to "that" EB category where there is most retrogession.
    Meaning not the vertical spill as it is happening now

    AND

    3. Remove the count of dependent family members against number of visas granted per year in any of EB category



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  • rahulpaper
    06-26 01:51 PM
    I sure do hope you are right.....because i am in HR boat as well...
    BTW Thanks to you and the core team on CIR front...keep up the good work.


    Once again, what is with this "Flood" and "too many". Petitions are postal packages. They are not Tsunami waves that would prompt them to shut down their doors to prevent flooding. They did get nearly 200,000 petitions in Vermont in one day. What happened ? Did the mail room clerk drown in fedex ? Were the packages overflowing in the parking lot ?

    Guys please stop thinking these logistics, and get a life. USCIS has people who are capable of predicting several hundred mail packages and handling them. They are inefficient and slow but they are not galactically stupid. And if they stop accepting petitions, it wont be because they have received "Too many" because it takes time to define "too many". So chill and try to file it before 31st July.

    These rumors are wreaking havoc on people who are not in a perfect position to control the timing of filing. Many lawyers and many employers will file between 25th and 31st July. And I can accept that. My own HR and lawfirm have made it clear that we will file before 31st July but there is no guarantee that it will be sooner than that and any sooner than that is not neccesary.

    Those who are filing on their own can file on July 1st. But those who are depending on lawyers and their own HR, please relax and stop thinking too much.





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  • lazycis
    02-18 02:35 AM
    A good site dedicated to class actions
    http://www.classactionlitigation.com

    These are particularly interesting:

    http://www.classactionlitigation.com/fcapmanual/chapter2.html

    http://www.classactionlitigation.com/faq.html#q7





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  • samay
    07-21 08:23 PM
    Hi,
    I am on H1B (7th year and got extended for 3 yrs) and applied 485, received EAD from company A (140 approved).

    I am asked to join Client by Company A due to some benefits both of us would receive. But Client wont support H1 so I need to use EAD.

    Since EB3 is in very bad situation, Can I file new Perm, 140 and port my PD for EB2 using Company C for future position? I have position, salary and exp required for EB2. When should I join Company C if I choose this route?

    Thanks in advance!

    Whats your EB3 PD. You can join company C anytime assuming that it has been more than six months since you filed your I-485. Company C can start the EB2 process should you choose to. However bear in mind that this process will also take some time.





    TeddyKoochu
    09-15 07:35 AM
    My dear friend, always you have to be hopeful, and cheerful.
    If you want to build your hope look at people who are waiting with PDs in 2009.

    This is a great thread. I don't know how real are the predictions, but this thread gives a great energy. lots of thanks to OP.

    You are correct, being hopeful & cheerful is extremely important for all of us here. The spillover really holds the key as to how things would be moving.





    alterego
    07-25 07:37 PM
    The argument that EB2-1 PD will retrogress to 2002 or 2004 does not seem to be based on numbers, but a random speculation. Doesn't not undermine vdlrao's projections in a credible way


    Spillover may not be there, or may be there but when the new quota opens up October 1st, new minimum numbers will be available for EB2-I. Worst case scenario, dates will remain static or very minimal backward movement. It looks like the black hole is the time between late 2004 and early 2005, pre-PERM.Other than saying there is massive inventory of backlogged cases, Ron has not given better/ actual numbers of likely pending EB-2 I cases.

    Next years numbers are not consequential to EB2I movement to be honest. Any realistic movement will depend on spillover. Consider that EB2I is statutorily limited to about 2800 visas(inclusive of family members) without spillover. Whereas spillover has the potential to contribute tens of thousands of visas.

    Ron's assertion that "most of the EB India backlog" is EB2 is frankly not credible in my view. I am not sure what his source is for this, but it seems way off the mark. EB3 will clearly be far more than EB2 in my view.



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