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jonty_1104-09 11:28 AMI am all for cleaning the system and reforming H1B - but I oppose an ill conceived half measure such as the one Senator Durbin/Grassley is proposing.

My main concern is two fold:
1. Let us assume I am a very bright individual and I am currently in Harvard. If I graduate from Harvard Business School, and I want to join McKenzie, can I do that? Can I ever be a Management consultant in US if I want to (read I as any random Joe who is not US citizen/GC holder)

2. Can I switch jobs within a couple of weeks if I need to (I refers to someone who works for a good company but perceives opportunities else where) - this is important as my competition (US citizen/GC holder) has no restriction in place for them. This is also important during recession when I might be a valuable asset to another company but the company cannot afford to wait.

My point is: definitely prevent abuse of the system, but not by putting more shackles on the hapless employee. Give the employee freedom to move anywhere for a certain period of time (could be 3 yrs renewable 2 times as per current H1b) and have strict penalties if this employee overstays visa etc.

Additionally, if employers abuse the system, send them to jail right away (and have whistle blower immigrant status protection). Make employers more accountable than they are today.

Just my 2 cents.....
matter of fact is the spinelesss legislators can only go after the individual(employees), and lick the a** ot corporate America.

IV ' s position is - Opposing the Bill, if some members think otherwise, so be it.



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anandrajesh03-23 11:11 PMok...this is something..

apparently they called my employer also and has asked them to provide all details.

All I-9s
All performance appraisals
my works schedule
my vacation requests this year
current salary
supervisor details


:)

Whoa... This is nasty. Asking for documents is one thing, but this is downright scary. The more the documents they ask for more are the chances they can find something wrong.

Hire a good attorney and respond thru Attorney. Good luck with everything and keep us updated. I am really interested in the outcome. Hopefully they will give you what you want.



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satishku_200008-09 01:21 PMActually; I didn't think it was courageous at all. I had to practice what I preach.

One of the reasons they ask for tax returns, w2's is they want to assess your intentions; if tax returns, etc. , is out of line with offered wage then it can make them think that it is not believable you will be doing that job once greencard gets approved.

Once 485 is filed; you are in a period of authorized stay. At that point; you can sit around and do nothing; switch jobs, etc.; However; to keep working you need to have authorization (ie., EAD card if you don't hold H-1b).

I didn't prepare my personal tax returns on purpose because uscis could have assessed my intentions differently. When I asked him why he wanted to see the tax returns for 2005 and 2006; even though I have unrestricted employment and I can do nothing if I please; he responded it was to assess intention. Since he saw I was self employed; if my tax returns were out of line with the offered job I was going to take upon greencard approval then they may not believe it.

Now; I didn't give him any financial data for 2005 and 2006. Although this is legal; if I was going to port to self employment then he could have assessed whether I was going to become a public charge or how I was living in 2005 and 2006. I had all my financial documents (ie., bank balances, brokerage account); just in case he went down this road.

he didn't but just in case he wanted to; I was ready for it.

UN,

Did you face any questions about "Same or Similar" in the interview particularly for the time period when you were self employed?

Can you throw some light on how to handle the scenarios where the proferred wage is much lower than the current wage and once someone invokes AC21 the offered wage can be much higher . I understand that this scenario can be problematic in case of "future job" GCs.

My understanding of AC21 is this .. Dont invoke AC21 unless otherwise absolutely necessary?

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DSJ05-16 08:26 AMCool down.....

I am not saying Infy and others are doing it right. If US asking more explanation that is fine with me, they should have used their brain before approving cases, not after. My point is consulting is not new to H1, even so called big company also do that via "permanent job".

No this is not correct. If consultancy companies are not there we could find a permanent job. I do not think if H1b is banned for consulting H1b numbers will be reduced so much. H1b rotation will be reduced. But still TCS, Infosys will survive as they have lot of other options like L1 and B1.But US persons will make more money in consulting as there is no restriction for them. So impact is minimal for US companies and also H1B persons. impact will be severe for bodyshoppers. Also current H1b people will not be impacted as most of them will file I 485 as Skil bill be passed. But H1b abuse will be minimised.



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asanghi08-11 01:45 PMdont know about lou's total viewership but every day his online polls have less than 15,000 respondents

http://www.cnn.com/POLLSERVER/results/26653.exclude.html

i m sure its basically everybody who is a member of numbersusa, fair and other nut job establishments

Well, he is quoted and talked about so much. So I guess he is watched. And while we having the all the facts know that he is lying, not all the other americans not directly related to immigration do.
Let us launch an facts based attack campaign agains Lou and ruin his career.

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Sakthisagar07-29 03:27 PMA little touchy here are we. I thought we were skilled immigrants and could hold a mature conversation.



First of all, the President doesn't create policy, the Congress does. And please answer my question of why he should focus on a few hundred thousands when millions are out of their jobs, economy is in crisis and a couple of wars to fight. I'm just saying in terms of priorities we don't fit and I'm fine with that even though from a selfish perspective it hurts us. With regard to the unemployment rate:

1. Not all EB immigrants are tech sector employees (esp in EB3)
2. Even if we consider the population of tech EB employees, some in the American Congress and public *could* argue that lots of these jobs could indeed be done by Americans if they are trained. If you look at the trend of outsourcing you know that it's really not that hard to find somebody who can code in Java/C++ etc. I'm not saying that's true but just saying that's an argument that could be given forward by people who say that the nation's overall unemployment rate could be helped by training people for tech oriented jobs where unemployment rate is low. This is already happening with science and tech initiatives at the middle/higher education level.

What immaturity you have seen in saying that do not compare USA & India. may be your immature mind to understand.

We people will only argue and discuss and never do anything solid that is the Nature unfortunately. How do you know The President's Priority? Why do you want to use "coulds "and "can" and "may be???? just for argument sake and that is what they call "IMMATURITY "in superlative Degree



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Macaca03-06 09:01 PMEmployment Authorization (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=1847c9ee2f82b010VgnVCM10000045f3d6a1RCR D&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1 RCRD)
Passing On H-1b Costs to the Employee? Smart Business Practice or DOL Violation? (http://www.hammondlawfirm.com/FeesArticle07.18.2006.pdf) by Michael F. Hammond and
Damaris Del Valle
H-1B visa -- From Wikipedia (http://en.wikipedia.org/wiki/H1B_visa)
Questions & Answers from CIS Ombudsman's Teleconference (http://www.dhs.gov/xabout/structure/gc_1175876976479.shtm)
I-485 Standard Operating Procedure (http://www.ilw.com/seminars/august2002_citation2b.pdf)

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Refugee_New01-07 02:40 PMAll Muslims are NOT terrorists, but all terrorists ARE muslims.

I didn't know Narendra Modi is a muslim. I didn't know those are committing genocide in Palestine are muslims. I didn't know those who attacked Iraq and commited war-crime under the pretex of WMD are muslims. I didn't know that these people are muslims.

May be Narendra Modi was born to a Moghul Emperor. Others are born to ottaman emperors. What about you vghc? Are you a product of muslim?



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diptam08-05 11:13 AMBy now , we know very well who you are !! Because you ran away when peoples asked you real questions.

To answer your question same company can have EB2 as well as EB3 jobs and same person can be eligible for both Eb2 and Eb3 - that's why there is nothing illegitimate in porting/interfiling. Now a good % of folks port/interfile from a different company and according to your post that is not lawsuit material - right ?

Remember i'm planning to port to EB2 from Eb3 using a different company - according to you that's allowed ! Remember still EB2 quota will get exhausted .....

As per as your foul language complaint - please tune onto Talk radio and catch up with Rush Limbaugh or Michael Savage - I'm sure your benchmark about 'Foul Language' will quickly change Sir !

Good bye !



Show me where it says in the law that a "person's eligibility decides EB1/2/3"? Your job demands an EB3 and no higher, thus your company filed an EB3.

If you think you should be EB2 instead, then find another job or another company. What do you not understand?

And please refrain from using foul language, this is my first, and final, request to you, sir. I am not anti-immigrant, just anti-porting and anti-interfiling.

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chanduv2304-13 03:03 PMok..never mind..I called the officer and informed that I don't have any such information and since it was taken over by a different company, I am not in a position to get it..so Officer seemed satisified but asked few other related questions..and it is good for now..

sigh..
Dear friend - looks like ur sugar levels are going up and down - hang in there. I think you will be fine. Thanks for sharing your experiences with people here.



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srkamath07-13 02:04 PMFirst off, we are here to get our GC faster so the effort is commendable. ...........

The old interpretation was too complex to be correct..... between 2000 and 2007 it resulted in EB-2 getting shortchanged. EB3 approvals were more than DOUBLE of EB2 during those years.

2000 - 2007 Average
33,000 EB2 / year
83,000 EB3 / year

There are simply too many EB3 cases compared to the visas available.

EB2 may have been less retrogressed the last 3 years if the DOS had interpreted the law correctly. Visa numbers were mean to - SPREAD OUT, THEN SPILLED OVER downwards.

Prior to April-08, i don't ever EB2 applicants complaining about getting shortchanged - they understand the pain of someone having to wait for a decade to get a GC and probably didn't mind getting shortchanged.

Again - this is not about fairness, justice, merits of the applicants. It is about giving US employers the ability to fill posts when & where Americans are not available or willing.

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immignation04-06 02:31 PMhow's the market conditions in the San Jose/Santa Clara belt. houses there were really heated up avg 600k+. has it cooled down or still that crazy..

I have been house hunting here in central NJ (west windsor, plainsboro and vicinity and am having a sticker shock just looking at the property taxes.. about 2%). What I understand from talking to people here is that these places are supposed to be a very good school district and schools receive most of their funding from property taxes (and very little from state). Good schools attract families with kids which increases the burden on schools and again property taxes have to be increased to build more schools/expand existing ones..



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ita01-04 01:56 AMPlease don't kid yourself ...all these points seem so shallow that there's no way one could read too much into it. I find this exchange meaningful though it took me 4 posts. Please keep playing your game.I think you proved the point that I initially raised.

Like someone pointed out before you can't wake up someone that's pretending sleeping.

Thank you.

I see you have put arrows in disparate points that I had made. I think you are reading way too much in it if you see circular logic, or even a link, in those disjointed points above.

There is a lot that has been said on this thread that I agree with. That is not 'conceding points'. Its just agreeing with something.

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paskal07-08 05:45 PMThanks!

The outstanding questions, i guess, are:

They allotted the visa numbers prior to actual approvals. This contravened their clearly stated policy. In fact the ombudsman mentions this policy and suggests change. If they allotted the numbers prematurely, and are still in the process of approving those petitions and sending out the decisions...should the numbers have remained current UNTIL THE LAST PETITION IS APPROVED?
One could argue that per USCIS policy and stated process the visa numbers are still available till that day- a petition could be rejected at the last moment- sending a number back to the pool....

the other question is- did they allot >81% of the numbers (27% per quarter) even before the fourth quarter began? Can they allot numbers on sunday while not accepting applications that day because they are "closed" thus denying petitioners from getting in while the numbers are current?

i would be surprised if they went over the country cap- they have treated that as religion of late.

the dates for india/china will only move after EB3 ROW becomes current. any ideas how far that is?



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redcard03-24 03:01 PM[QUOTE=ganguteli;329173]Unitednations,

Ganguteli, it seems you are confusing two things at the same time.

What USCIS is now doing is going by the strict interpretation of the rule and when they start doing that lots of cases that fall in the gray area and were ignored in the past are now being looked into more closely. I read in one of the forums that an applicant�s 140 was rejected because in an H1 which he applied in early 2000 he had a different job description of an earlier job than the one he had on his 140 Petition. Who would have thought that USCIS would ever go back and pull out a resume from an application that was filled for H1-B in 2000 and compare the resume for 140 you are filling in 2009. In the last few years USCIS has spent a lot of money on technology. They I believe have scanned all the past applications, which can now be linked to all your immigration benefits you are filling for. It�s become a lot easier for an IO to pull out all the past information- like all your H1-B petitions, your 140 petitions today if they wish too when you apply say for an EAD renewal. The sad fact is that USCIS is a blackhole where they can sit on your application for years or decades while you suffer while you cannot do much. Yes you can go to a senator/Congressman or write letters, but if your application is pending with a smart IO who did not like your complaining to the Senator, he can make your life difficult by asking documents after documents before making a decision on your application, while the senator cannot interfere with the process. Welcome to the world of bureaucracy.

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riva200504-06 09:06 PMyou need to touch the bottom of barrel to go on another direction, this will be the bottom of the barrel I suppose

these protectionist will realize as many H1B dependent companies virtual outsource all there jobs

well in all seriousness I don't think this bill will be passed in senate,

This bill may not be introduced in its current form anywhere.

But I am sure they are going to use this bill to pull sections out of it and introduce it as amendments. Both sponsors of this bill are Judiciary committee. That makes it possible for them to put amendments not just on the floor, but also in the committee. If they think whole bill will not pass as a single amendment, they will put small pieces of it so that it can pass the roll-call one piece at a time.



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NKR09-30 02:26 PMYes, you are right, the recent 485 denials for people using AC-21 have nothing to do with Obama/Durbin immigtaion policy. But I kind of remember there were some harsh provisions for people using AC 21 in CIR 2007 version. I am trying to find out the details about it.
Correct me if I am wrong.

I just do not understand this part, why would they provide something and ask us not to use it. It is like giving you a piece of cake and telling you not to eat it. This whole thing sucks, they are making it harder for people who live by the law of the land.



reddog07-14 03:33 PMWhy do you write 'I know this mess is depressing for EB3 folks' ?
Is IV not with Eb3 folks? Or are they not important.

Let me clear somethings.
Earning in higher 70Ks in the year 2003 and with over 5+ years of progressive experience, they still went ahead a filed my app under EB3. Was that a mistake? Not mine. My employer knew that Eb3 would be slower.

What happened? cases like mine were eye openers and learning experiences for comrades who were going to file and they filed under EB2, I asked friends and relatives and classmates of mine to file under Eb2.
Am i happy for them? No, I hate them. Of course, I am happy for them. Very very much.

So, why would you not fight for us?

If people like me and filers before me had not filed under EB3, and not shared our experiences, how would we have progressed?

Suddenly, 'You Eb3 folks are depressed' from 'We folks are depressed'. lol for chauvinism.



I commend the initiative. But I see a few issues with it:

You are complaining to DOS about USCIS and DOL. That will not work. Every agency has a specific role

You are complaining to the official who sets visa dates. He has no authority to give relief just because some applicant/s are asking for it. He has to follow the rule every month and his responsibility is only to set the dates based on the statistics received from USCIS. This official has a very specific and limited role.

The reasons are not compelling enough. You cannot just say you are waiting long enough and thus your date should become current. Rules cannot be changed just for that reason.

If economy was down in 2001- 2003 and you were asked to file in EB3 and people in Perm could file in EB2 is your strongest reason, it may not work in your favor. Because by law you can file again and convert to EB2 and port your date. DOL and USCIS does not stop you from doing that.

If you are qualified for EB2 but your attorney and employer filed in EB3, then it is not a fault of USCIS/DOL/DOS. You must talk to the company and the lawyer for it. If the company or the lawyer has broken any rule or employer has exploited you, then the letter should be complain to the appropriate authority about them.

Please also note that labor is filed based on the degree and experience requirement of the job. By law if the requirement is only undergraduate degree for the job, the employer cannot file in EB2 just because the applicant has a masters degree or more experience than needed. So you cannot really put this arguement here because it will be against the rules.

So I personally do not think this idea will work.

While this mess is depressing for EB3 folks, we need to have a more compelling argument, determined membership and effective plan to get things changed.
The root cause of the problem is limited greencard quota for EB3. And the solution is to get recapture, get rid of country limits, STEM exemption. Any single relief itself will be huge for all of us. With 179 phone calls and $16656 collected in last 3 months, I do not see that happening. It will need a far more bigger and determined effort. Such amount can be spent on full scale lobbying in just one month. 179 phone calls are nothing if we have to make a compelling case for ourselves.



hopefulgc07-13 01:04 PMGood argument.. this should make it to the letter

Here is my 2 cents worth...

We can come up with agreeable facts that should go in the letter that explains EB3 I plight. IV core can help with this and also proof read and approve final version of the doc. We should stress on date being stuck in 2001. And AC21 not giving a whole lot flexibility to change jobs even with EAD. Like a programmer with 7 years of experience would be eligible to become a PM (if the person has acquired right skills/knowledge/experience) but I am not sure if AC21 allows a person to do that.