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  • chanduv23
    11-16 03:25 PM
    actually I realized the difference bet LC ads and EEOC laws:
    Per EEOC, they cannot discriminate to hire a person on a visa. But for green card sponsorship, they have to show preference for an equally qualified USC or perm resident.
    I know this b/c my employer, while sponsoring a previous H-1b at my firm, during the LC process found a qualified USC. They stopped the gc process, but could not let the person go b/c it is legal to hire an H-1b even if USCs are available.

    What practical sense does this make? Once an employer sponsors an H-1b, why would he want to go thru the whole recruiting and training process again to hire a new person?

    When it comes to implementation, things vary. Laws are made so that they can be worked around, laws are made in a way that can be interpreted in many ways, laws canbe generalised, they have grey areas. Everything is based on convinience.





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  • ragarwala
    08-12 08:33 AM
    Masterji, Did you get your greencard in hand yet.





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  • vamsi_poondla
    10-10 09:30 PM
    SWITCH

    S-SATYAM
    W-WIPRO
    I-INFOSYS
    T-TCS
    C-COGNIZENT
    H-HCL

    IS that what this means? Yes Chandu. I think analysts and investors coined this word :-) If there is going to be price pressure, further rupee strengthening and visa restrictions, these are most probably the ones that will remain in the market. Indian IT service industry is in the verge of major consolidation. Weak players will be gone and only companies which offer wide range of services and maturity will sustain. (per some analysts)





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  • swadeshi
    08-31 06:26 PM
    I have approached Times of India, Rediff and NDTV to have some coverage for this event. I guess the more coverage we will get the more people will respond.

    How was the response? I have contacted the following " The Hindu, Deccan chronicle and some telugu and kannada newspapers and TV news channels" so far no responses, I am planning to speak to my dad and his friends (they retired from the news media recently) to get some responses, but whats the point. The July 2nd fiasco was very well publicized in India, rural India too, even a small village or mandal office issuing birth certificates knew abt the visa bulletin and its reversal!!! and what do we have now...non committal friends who are not interested to come to the rally and some even make fun of it!!

    Anyways lets keep trying...



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  • grupak
    06-12 09:48 AM
    Keep us posted.





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  • John_doe
    05-02 12:54 AM
    I completely agree with what sandy_77. I am going through a similar fate, although i have been in the US for a little less than 5 years.

    I have a MAsters degree from US and been working there for the last 2 years on an approved H1B work permit. So I came to India to get my visa stamp for H1B as my earlier visa (F1) was expired. Life was apparently going smooth till I came to India in december 2007, primarily to get married and also get the visa stamp. But everything has been going downhill since then. I was not issued the visa, and no specific reason was given for this. A pink form 221G was given with instructions to wait and watch! AS if this is some kind of comedy/drama... I have lost my car in the US, forced to sell it at throw away price, will be loosing my apartment this month end and all my personal belongings will be put on an "yard sale" pretty soon. I have been able to hold on to my job, although without pay for all these months, but after 5 months, I am on the verge of being fired.

    I have called both the Chennai US consulate and the Department of State office in Washington DC many times. Neither of them have an inkling of when this process is going to end. They decline to give me any information about my visa processing status other than that it is "pending" and they NEVER tell me how long it is going to take.
    I just wish and pray that they had the least consideration for a perfectly legitimate, legal, hardworking, *tax-paying* non-immigrant worker in USA whose 3 years of hard work at an American Grad-School and 2 years of burgeoning career is at stake due to no perceivable fault on his side. The complete hostility being displayed is simply beyond my comprehension. I just want to know if there is a name-check or security clearance or lack of more documental evidence due to which I am being put through this completely unwarranted state of limbo. I just cannot go on waiting forever for something.


    I think, getting my visa re-stamped has become the most inhuman experience. I received my visa renewal I-797 in January 2008 and since I was visiting India in Feb 2008, I decided to get the remaining period (2 years) of my H1B visa stamped. I was not expecting any trouble since I had received my 2nd visa stamp just last year in March 2007. I thought it was impossible for the visa officer's to not have my information since I have been through the drill two times before. Unfortunately, on the Feb 11th, when I went to get my passport stamped, the Visa Officer started giving out blue handouts (this one is not even listed on the New Delhi embassy website) one after the other and sure enough to me too. She wanted to know what I did (Quality Engineer in a biotech company) and even while I was explaining she started chit chatting and laughing with her superior (I assume). Then she wanted to know about my experience of over 4 years in just three words. I was completely shocked. How could I sum up my experience in 3 words. I gave her my answer but was bluntly told to take the blue handout and send the questionnaire and resume as listed to a given email ID. I did that the next day, having no idea what I was getting into. It has been over 2 and a half months now and till date I have no idea what exactly is my fault and what is happening with my visa. The visa officer kept my and my wife's passports and I-797 form and around march 11th asked for my i-129 and other documents which I promptly gave at the embassy. Every time i have called the embassy or the DOS, I get the same response that the application is pending security check and no more details can be given. They refuse to understand that I have a life and home there and i have to pay my bills. I have lived in US for 8 years now and have also completed my master's there. Every month I have to call the utility companies, insurance company, post office and phone company to know what my bills are and have to pay them. Every two months I have to spend close to Rs 1800 to fedex checks to my friends so that they can pay my rent. I have had to cancel my flight tickets and suffered losses there. I have not even filed my tax returns for the year. My life is thrown completely out of gear and i have no idea how i will pay my rent and bills if my company decides to put me on unpaid leave or just terminates my employment. The consulates refuse to issue even a visitor visa so that we can go to US and dispose off our properties. How inhuman and arrogant can the get? How could we possibly become criminals overnight? How can they expect our employer's to retain us after such long delays (so guys have been stuck for 8 or more months)? Aren't they forcing unemployment unjustly on us without any reason if they cannot find anything wrong with our background later? What national security secrets act is preventing the phone visa specialists from disclosing exactly where we are in the process and what is stopping the progress? There are so many questions that need answers and all of us feel helpless as we continue to witness DOS destroy our credibility, careers, our credit history...almost everything that we have worked so hard to earn. How can they expect to build bridges with the world when they are hurting unjustly so many people (29 pages worth of numbers at delhi website and some 59 pages worth of numbers at the chennai website and God knows how many on other consulates worldwide. I have heard people spending some $5000 every month in Canada. This is horrible and some community organizations and law firms must talk to the DOS/Whitehouse about this issue. National Security is must but there must be better way than playing with the future of so many innocent people (99% most likely of which will have acceptable backgrounds).



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  • NKR
    02-13 09:13 AM
    "in india there is a proverb "ulta chor kotwaal ko daante" which exactly is the scenario ......"


    Well, in that case you become a ulta employee and trouble your employer...





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  • saimrathi
    07-10 01:19 PM
    Its already on youtube.. check this http://www.michaelmoore.com/

    Guys we should put this on youtube and hit with star ratings and supporting messages for moore...........

    http://www.cnn.com/video/#/video/bestoftv/2007/07/09/blitzer.michael.moore.cnn

    CNN never tell truth no matter what it is...immigration, health care, .....



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  • mundada
    08-07 05:59 PM
    Can you back date your marriage during marriage registration?





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  • Alabaman
    05-22 03:16 PM
    DID YOU EVER MOVE WITHOUT REPORTING A CHANGE OF ADDRESS?? IF YOUR ANSWER IS YES, THEN YOU ARE ALSO AN ILLEGAL... YOU QUALIFY FOR A Z VISA!!! YEPEEE!!!

    u can easily get an affadavit from someone with a business that says u worked there for a period of x days while ur h1 was with yyy company... that puts u into an illegal category too.

    i m growing some tomatoes this summer....maybe i can get additional points if i grow them for 100 days every year and then after another 5 yrs i can get some more points in the new merit based system



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  • pdakwala
    03-01 02:10 PM
    There is a conference call for people living in CA on Thursday 03/02/3006 at 9.00 p.m. The comprehensive immigration reform bill will be given first look that day by the Senate Judiciary committee.

    We need lot of help so please join the conference call. If you don't have the details please send me a PM with your phone number, email address.





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  • ilwaiting
    12-12 01:03 PM
    Here's your answer in the bulletin

    EMPLOYMENT: Demand for numbers in the Employment Third �Other Workers� category, as well as the China and India Employment Second preference categories, has been escalating. No movement in those cut-off dates will be possible until the current level of demand subsides.

    I hope it doesn't retrogress in future.

    I still don't understand why is EB-2 not moving forward especially that EB-1 is current.



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  • GCInThisLife
    07-19 02:23 PM
    This discussion should scare many many people. I can count so many people just over the top of my head who would have a similar problem.

    This discussion scared me now.

    I came in US on 06/03/2001. When I came I was told, no project for me right now and I have to wait. I waited till 09/11/2001 WITHOUT pay.

    The first time I was on my company payroll was in 09/11/2001. Since then as of today I am working continously.

    AM I IN PROBLEM?

    Please comment and give me hope.





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  • priya34
    10-11 04:25 PM
    Same situation here too. My husband came to this country in 1999. Filed for greencard in 2004. Labor was sent to philly BEC and it got cleared in September 2007 so we too missed the window too. Not sure what to do



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  • rolrblade
    07-19 10:35 AM
    Just so you dont miss this. I also PM'ed you.

    I just checked the Mumbai consulate website (I am assuming your wife is in India) and the earliest available appoitment for H4 is July 27th. Why cant she take that? All you have to do is reschedule.

    There are also appointments for H4 for Aug 3,6,8,10. She shoudl reschedule her appointment.

    Send me a PM if you need help with the appoitment website.





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  • senthil1
    05-18 12:41 PM
    It is good. But .... There were many bills like this in past few years. But it is tough to get even considered unless if you come out a small number like 50k or less. Basically every year immigrant groups were asking unlimited number of GC for US Master degree holders. If they give unlimited gcs for US master degree holders then that number only will add 500K per year as Indian students only have numbers around 80k every year. So with some cap and exemption just for Phd holders will have a better chance of passing in congress.

    I thought there was a bill along these lines last year, do not remember the name or number of the bill though. I would very much welcome such a bill though.



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  • vvr
    05-20 02:21 AM
    Way to shine guys ! Any more suggestions for a "brand new" quota ?





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  • vbkris77
    11-30 10:42 PM
    Following is Ron`s observation
    .

    There is an error in the initial explanation of the quota. As I read this analysis, they are suggesting that the single state limit is 25,620 - irrespective of whether the visas are issued in family or employment based. This suggests that a country with heavy family based demand, but light employment based demand, could use more than 7% of the EB or FB quota as long as they remained under 25,620 overall. This is wrong. The 7% limit applies independently to FB and EB. A country could have no demand in one area, and enormous demand in the other and the side with the excessive demand would still be limited to 7% of that quota - not 7% of the combined quota.

    Also, I think that their estimates for China and India EB2 are too pessimistic.
    __________________




    USCIS - I-Link Reference (http://www.uscis.gov/portal/site/uscis/menuitem.f6da51a2342135be7e9d7a10e0dc91a0/?vgnextoid=fa7e539dc4bed010VgnVCM1000000ecd190aRCR D&vgnextchannel=fa7e539dc4bed010VgnVCM1000000ecd190a RCRD&CH=act)



    (1) Nondiscrimination. -


    (A) Except as specifically provided in paragraph (2) and in sections 101(a)(27) , 201(b)(2)(A)(i) , and 203, no person shall receive any preference or priority or be discriminated against in the issuance of an immigrant visa because of the person's race, sex, nationality, place of birth, or place of residence.


    (B) 1/ Nothing in this paragraph shall be construed to limit the authority of the Secretary of State to determine the procedures for the processing of immigrant visa applications or the locations where such applications will be processed.

    (2) Per country levels for family-sponsored and employment-based immigrants. - Subject to 1a/ paragraphs (3), (4), and (5) the total number of immigrant visas made available to natives of any single foreign state or dependent area under subsections (a) and (b) of section 203 in any fiscal year may not exceed 7 percent (in the case of a single foreign state) or 2 percent (in the case of a dependent area) of the total number of such visas made available under such subsections in that fiscal year.



    This to my understanding gives 7% total immigrant visas. Also the next para doesn't mean anything if this is not different for FB and EB.

    (e) Special Rules for Countries at Ceiling. - If it is determined that the total number of immigrant visas made available under subsections (a) and (b) of section 203 to natives of any single foreign state or dependent area will exceed the numerical limitation specified in subsection (a)(2) in any fiscal year, in determining the allotment of immigrant visa numbers to natives under subsections (a) and (b) of section 203, visa numbers with respect to natives of that state or area shall be allocated (to the extent practicable and otherwise consistent with this section and section 203) in a manner so that





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  • illinois_alum
    09-30 01:39 PM
    Hi folks,

    Need some help.
    During e-filing of AP, certify page has a TITLE field. Any ideas what needs to be filled in it ?
    I am filing I-131 for myself and spouse.

    Thanks

    Title field is for your title or how would you like USCIS to address the applicant as...Mr/Ms/Mrs/Dr etc...





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    Drifter
    04-03 12:28 PM
    Pappu and core...

    This shows how committed IV to help a fellow member. Keep this alive. you are real leader to me now.

    I did donate in the past and I did NOT become Donor when IV created donor forum, BUT...... Your open support to "Drifter" made me to become donor. I subscribed to IV now and this
    keep us updated on "Drifter" situation...

    I have been a long time supporter of IV and all the work that IV does, I have been on this forum for close to three years now and have always believed in the cause of IV and have actively taken part in a lot of the efforts that IV has undertaken and have contributed monetarily as well .
    Besides the fact that IV can try to help members in extreme situations like the one I am in, IV is really the only organization that watches out for our community, it is all we have. We need to be an active part of it and should make it stronger.



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