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  • boston_gc
    06-27 09:44 AM
    I also checked with my lawyer and made fool out of myself. Please, please please stop discussing this and concetrate on the real stuff.....

    Better than this discussion, we should put our energies on the new CIR bill and see if and how can we benefit from that.





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  • sriramkalyan
    01-13 07:55 PM
    My take is BODY SHOPPING is killed.
    H1Bs can work at direct employer or as an employee of direct vendor at off site.

    No more small consulting firms sending resumes to direct vendors. May be in long term its good for H1Bs.

    Mostly Desi consulting firms will get hit. Outsourcing companies like TCS,Infosys are direct vendors to big clients. They will OK ..





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  • samay
    07-14 07:05 AM
    My question: I came to us on F1 Visa. I do not have my last name in my passport. Yes it is true ..stupid passport department missed it as they write names with hand ... passport was made when I was in high school�9th grade to be precise. I never got it corrected and came to us �visa was issued to me using FNU firstname format. When I applied for I-20 SSN, and everything in US after that I added my last name (my actual family name which got missed in passport) as us system does not allow blank last name. Note that my passport last page correctly shows my fathers and mothers last name which I have added on all my us documents like SSN, DL, � now I have been in us from past 5 years with all ( and I actually mean all) my us docs like H1, SSN, I-20, License, 495 application etc in firstname lastname format. �.. the only 2 things which are not in my first name last name format is
    1) visa which is FNU Firstname ( FNU = First name used)
    2) My passport which has just my first name and no last name

    one of my good friend got a 485 query as his first, middle and last name are mixed up with respect to his passport and 485 application. Which I feel is a much simpler case as compared to mine.

    Now my question is should I go ahead and change my name in my passport which is nothing but add my last name and get a new passport preemptively�or I should wait for USCIS decision .. Usually RFE is given 30 � 40 days to reply and I don�t think I will have time to get my passport fixed if and when RFE comes on my 485 .. the only issue I have with preemptive fixing name is sometime it is just better not to add complication to a case when it comes to USCIS �. A lawyer�s opinion is much needed and appreciated.

    Thanks for your help
    -M

    PS: my priority is Feb 2007 EB3

    Please do get your passport in order. You should have got it done a long time back. I think it is fairly straightforward procedure. You can make an appointment with the Indian Consulate and take it from there.
    Please do not wait for a RFE to do that.





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  • PlainSpeak
    01-14 04:27 PM
    Plainspeak Show your PLAN and what you would do to get it done.

    Everything else is BS
    yes my friend waitinganwaiting. Now who taught you your manners. I ought to wash you mouth out with soap.

    Now dont reply to this post if you have any sense of shame



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  • user1205
    02-12 01:30 PM
    I haven't seen the ROW dates to be current since 2005 when everything got retrogressed (except the crazy thing that happened last summer).

    As far as I know there were A LOT more cases approved in that July fiasco that were from India, I believe the number in June/July was about 3 times the anual quota.

    I know you're probably VERY frustrated because of the ROW move while the India cutoff dates are still in 2001 but please don't start the discussion on ROW vs India/Chiana. It's not helping anybody.
    I agree that country quotas are wrong and the number of GC per year is ridiculous. But getting people to argue against eachother is not a solution. Supporting the legislative/admin changes is (and I know you've done A LOT to make things happen)



    The thing is, as long as there is this per-country quota rationing of green cards, ROW folks will keep moving to the HOV lane and each year, in Oct to Dec timeframe their dates will get current and they will get GCs.





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  • a_yaja
    07-21 02:58 PM
    I have come across quite a few of the Amway/ Quickstart folks. Like most of the people have described here, they usually approach me in Walmart, Meijer, etc. My first experience was in the temple. This dude and his wife went "oh wow! you know so many languages." After talking to the dude, he said that he knew some of my childhood friends and he remembered my face and that we could have possibly played cricket together in our childhood days (this itself should have raised red flags - but I was naive then and didn't think twice). Long story short, we exchanged phone #s and next day he called me and asked me to meet him at his home. He was running an "ecomm business" and was looking for partners. I asked him if he was talking about Amway and he innocently asked me "What is Amway?" I agreed to meet him but something bothered me. I called up another childhood friend who was in Amway and asked him about this dude. Sure enough he was an Amway-ite and already a "Diamond". I was mad and did not go to his house. He called me a couple of times but I never picked up the phone.

    That encounter was a bitter experience for me and I decided that I will not entertain any more desis who do cold contacts. However, soon I forgot all about him and I had 2 or 3 more such "cold" contacts (it took me about 3 more experiences to realize the Amyay "cold" contact pattern). I decided that enough was enough. From then on if a desi approached me in any of the stores and decided to do a "cold" contact, I would be on my guard. I would not become angry or irritated (after all they are humans too and they are just doing what they believe will give them a better life) - I would just steer the conversation to what I would like to do in my life. I would spin some yarn about how I am really happy volunteering to help kids in 1st and 2nd grade improve their English reading skills (which I really did) or how I liked taking part in the local community college's adult literacy program (helping adults prepare for GEDs, etc - again which is something I do). I would then go on and become philosophical about how these days everyone is after money and think about money all the time and how this is creating a very unhealthy state of mind, especially among Indians. I would make sure to tell the person that I would not like to go down that path and being a pious Hindu, my goal is to attain Moksha by leading a simple life.

    By this time if the dude has not run away from me, I will ask him what his objectives are. Usually they say that they can understand where I am coming from and congratulate me for all my community service (I am rolling all over the place in my head - but somehow keep a straight face). One guy even went so far as to tell me that he is on the other end of the spectrum and he gives away a lot of money in charity. He even told me that I should consider going that route as well. After the meeting, I call up my Amway friend and ask him if XYZ is in Amway and the answer has always been yes.
    Inspite of all this if the dude asks for my phone number (and this has happened once), I come up with the story that I forgot to bring my cell phone and proceed to give the person the phone # of the local pharmacy. I also suggest that he give a "missed call" (again rolled all over the place in my head when he gave a missed call) so that I can note down his # when I go home.
    I just had to get this off my chest when I saw the Amway thread. Hopefully others can also turn a potentially unpleasant situation into a pleasant situation and have fun at some other person's expense.



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  • GCSOON-Ihope
    10-24 11:57 AM
    I 100% agree that selling or buying an LC should be absolutely prohibited.
    However the principle itself makes sense in some cases.
    A few years ago, a friend of mine was endlessly waiting for his LC when a co-worker of his (with an approved LC) suddenly quit to go back to his home country. The company (that was paying all the fees) then used this approved labor so that my friend could get his GC faster. Since that company was fair and honest, he never had to pay a dime for it.
    So, he got his GC a couple years ago and I am still waiting...
    Am I jealous? You bet! Angry? No. My friend took advantage of a legal loophole and, let's not be hypocrite here, who wouldn't have done the same in this particular situation?
    But again, making a business out of those LCs should be 100% illegal.





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  • garybanz
    12-14 11:58 AM
    "The SC concluded that the statutory discrimination within the class of aliens is permissible."

    This could justify difference in say EB1, EB2 and EB3 or F visa, H Visa and L visa. How ever there is no mention that discrimination could be on the basis of sex/race/country of origin etc. IMHO an extension of standard EEO laws should be applied for EB class immigration too.

    NB: I am an HR consultant and an expert on EEO laws, I still think that this discussion is worth taking to a top constitutional attorney. An hour of his time will cost peanuts compared to what we can possibly get out of this.



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  • nik.patelc
    09-03 03:07 PM
    Most of the Indian politicians are Illiterate. This guy is a medical doctor by profession.
    Loved by poor people. Hated by the fundamentalists. Most of the AP politicians are corrupt including former PM P.V. N RAO.

    I AM NOT FROM AP. ALL I KNOW FROM READING ONLINE FROM LAST 2 DAYS.

    SEE THE LINK 14 PEOPLE DIE OF SHOCK.
    14 die of YSR shock in Andhra - India - NEWS - The Times of India (http://timesofindia.indiatimes.com/news/india/14-die-of-YSR-shock-in-Andhra/articleshow/4969157.cms)

    USA, UK CONDOLE YSR DEATH.
    US, France, UK condole Reddy's death - India - NEWS - The Times of India (http://timesofindia.indiatimes.com/news/india/US-France-UK-condole-Reddys-death/articleshow/4969149.cms)

    After reading for 2 days, you feel soory for this guys. Well, If he is popular and good CM, it should be evident that many life are touched and improved by his actions. YSR loved by Poor , those poors are still poors ... Who said Medical degree holder are all ethicial and non corrupted. I know many docotrs in india are cheaters and cares about money than patients. So dont buy that his having medical degree makes me good admirable politician.





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  • sanju
    09-23 11:07 AM
    Emailed everyone on the list. Great Draft. Now calling my wife to send the emails. Later I will email my friends to send out the same communication. Great work Nixstor!



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  • krishmunn
    07-27 03:23 PM
    Oh yeahhh..."1099-int" was a rhetorical statement as you mentioned it.
    Don't worry I have already done my homework with law offices or CIS, as I had to show all incomes during interviews. Keep on squeaking.

    Good to know that a EB 3 spot will soon be freed up when you are deported for your "unauthorized work". I now really wish more people (even EB2) join Amway . We might not need a CIR after all :)





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  • BharatPremi
    12-13 01:22 PM
    Hello All,

    First and foremost, i must thank everyone from IV, who is working tirelessly to resolve the issues of retrogression in the GC process. As an affected individual I am very grateful that leaders of IV are ready to contribute so much effort for its goals. And even though I do not actively work for the IV agenda, I have contributed money to some IV action items.

    I have a question/suggestion regarding the IV agenda. On IV's about page, pt number 2 asserts amongst other things,
    The Discriminatory Per-Country Rationing of Green Cards That Exacerbates the Delays.

    and further in the same point

    We do not allow employers to discriminate hiring based on their nationality or country of origin. Therefore, the employment-based immigration, which is a derivative benefit of employment, should also be free from rationing based on nationality or country of birth.

    I am curious to know what is the "legal" strength of these assertions is. Are they just "moral" statements or can the validity of these statements be tested in the legal framework of this country? In other words, my question is what is the constitutionality of the "Per Country Caps" in Employment / Family Based Immrigration procedures.
    A lot of Laws and Statutes have been challenged in the Judicial System of USA. And many more are challenged every year. And if the laws are not constitutional then they can be repealed.

    I am sure the leaders of IV must have thought about this argument however a quick search of the forums with 'constitutionality' as the search term did not return any results.

    IV's efforts to utilize Lobbying to bring about change to alleviate/eliminate retrogression are certainly beneficial. However, if IV has not already considered and eliminated this legal argument, then it should explore whether there is any substance to this approach.

    Hence this post. Below are some of the links that might be relevant.

    wikipedia article on constitutionality (http://en.wikipedia.org/wiki/Constitutionality)
    wikipedia category on US immigration case law (http://en.wikipedia.org/wiki/Category:United_States_immigration_and_naturalizat ion_case_law)

    thanks and sincerely,

    --soljabhai


    I am not a lawyer. Here is my understanding as a lay man:

    What is constitution?

    A: At some point of time, group of people, with having confidence from
    majority of people, with a centralizing tone of some common
    philosophy/ethics, create the framework of regulations with a goal to make
    society orderely, to make sure that common good of people remains
    prevalent and maintained and assures the penalty for deed done agianst
    common good and breaking the common order of the society. Wise ones,
    accepting the limit of individual capabilities, understanding the different
    needs of the society at different time, keep windows opened to improve
    the "base" constitution with making sure all checks and balances do not
    allow the misuse and hecnce the word "Amendment/s" have the existence.

    Now there has to be some base ground when base consitution is prepared.
    What that could be? During the process of human evolution, with accumulated experience of centuries, human societies have established some common practices which we now name "Ethics" and amazingly many are similar across many culture. For example, Burglary is considered crime in each and every society without any question or difference. Why?.. I do not like somebody snatches away my chain as in my mind I have established my ownership to that chain. You also do not like it somebody snatches away your car.If there are only two humans on earth, things might have been simpler considering one is burglar of those two. But here in society now every body has to establish the proof that s/he is aowner of something and somebody else snatches that away then it is not good. So wise ones decided (to keep
    controlled and organized society) made a rule : "From today we will call the act of snatching something away from somebody an act of crime if the person can prove that s/he is the original owner of that thing and let's call that person a "burglar" because he snatched away the thing" Now it was suited to everybody because it was protecting their belonging so that was established as "Ethics" and stories of "criminal behaviour"were created by every society for snatching away the thing from somebody. That make every human understand the fact that snatching away is bad thing
    (if done openly:), If lawyer snatches away big money from your pocket .. no it is not a crime or that matter USCIS... just kidding :))

    Now making story short, after 200/300 years of evolution, USA has legally decided to push the "Ethics" of employment: "Equivalent Oppertunity to all Citizens without race, creed, color, country of origin" and "Skill is the criteria of an employment" Now when these ethical and progressive principals are already implemented for common good of citizens, it should be implemented for foreign labor (non immigrants/immigrants).

    Can we "constitutionally" label some person that, hey you will be called burglar if you snatches thing away from US born person but you will not be called burglar if you snatches away the thing from pakistani or Sweedish or Chiense who has just arrived in this country?

    So bootmline: If at all constitution is permitting "per country based ceilings" then
    we will have to fight to change that because it is not right.



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  • mallu
    02-16 03:24 PM
    According to first post in following thread ,
    http://immigration-information.com/forums/showthread.php?t=4285

    attorney Ron Gotcher says ( he got info ),

    "
    Last night, at a meeting of the American Immigration Lawyer's Assocation Southern California chapter, Charles Oppenheim spoke. Mr. Oppenheim is the officer within the Visa Office tasked with calculating visa bulletin cutoff dates each month. He offered the following thoughts as to cutoff date movement in the upcoming months:

    * In April, India and China EB2 will be set at 12/01/2003
    * EB3 for India and China will slow down for the rest of the fiscal year"





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  • chanduv23
    02-13 12:01 PM
    Chanduv,

    I know in the past many times it was debated -- why people do not support? Let me put forth what I feel.

    Effort put by IV is very commendable. But the beneficiary of IV work (mostly) do not give importance to Green Card. That is what I think based on talking to multiple people and that is what we see from the % participation of people for various fruitful effort put forth by IV. Most of them say they do not care if they get GC or not. In their heart of heart they may but not too much.

    Other reason I can think of is -- There could be doubt in minds of many people of IV strength. The day IV gets some success, people will rally behind IV for a while. And that is the scenario outside world too. See the stock price. If the company is doing good, stock price goes up. The day one bad news comes, stocks falls down. Take the presidential election. You can very well make out that contribution by company or people is proportional to candidate wins. If you are loosing, contribution will dry out very fast. I am not saying that candidate will not have supporter but that would be less in number. Take N.T. Rama Rao case. The day Naidu ditched him and others followed him, no officials gave importance to NTR.

    Believe me, in my office or outside, I have talked to every Indian. And not one comes back n discusses with me about IV.

    I strongly feel IV is doing a commendable job with some dedicated contributors.

    Thanks for all your wonderful help to the community - people like you inspire others.

    Please do not misunderstand my response to your earlier post, I was in no way pointing fingers at you but was trying to clear common misconception that IV must not be looked at like a software company doing good or bad at shares.

    Once again, I respect people's space - it will be great if all of us come together and make this a success



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  • Rb_newsletter
    08-15 03:30 PM
    Why are you guys talking about human trafficking? In this case SRK was not detained for that. He was detained only for his name match.

    This is an atrocity of one particular officer. TOI article posted by OP says "There were other immigration officers who even vouched for me but this particular officer did not listen to anyone". You have to notice the gap here. SRK was detained for identity check because of his last name. When other officers vouch why he was still detained.

    Thing we should be worried about is, if SRK - who has MPs and other big shots behind him to prove him - needs 2 hours to prove his identity, think about commoners like us. We may get lost without help.





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  • she81
    02-15 08:11 PM
    To all proponents of country quotas:

    Well, if there is a cap for GCs then there should also be a cap on the number of H-1Bs that can be taken up by a country. There should be a cap on the number of allowable F-1 visas to a country. There should be a cap on number of employees of a particular nationality in an organization. There should be a separate line for different nationalities in supermarkets. Fair? Happy?

    Btw, why is there no cap on H-1Bs or F-1s and only for GCs?



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  • syedajmal
    07-14 12:14 PM
    A little Background

    My Situation -
    My Labor (PERM) and I-140 (EB2) was filed and approved thru Company A ( Priority Date May/15/2006). I was laid off from "Company A" with my last day being Fri 3/23/2007 before I could file my 485 thru them. I started working for "Company B" beginning Mon 3/26/2007 for which I have an approved H1.

    Spouse Situation -
    My wife also has her Labor(EB3) and I-140 approved and 485 pending with a priority date Nov/2002. Her 485 receipt date is July/09/2007.

    While I was leaving "Company A" I did let them know about my Green Card processing and they did promise to help me out if there was anything required in the future.

    With the latest movement in dates, I would like to move ahead with the filing of my 485. I do have a couple of questions regarding what will be needed w.r.t my current situation.

    I would like to know you expert opinion/advice on what can be done in this situation so that I can move ahead with my 485.

    Thanks in advance for your time.





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  • samay
    07-30 04:24 PM
    Hello Samay,

    First of all thank you so much for answering my questions.

    In my LCA(H1B) Prevailing wage is mentioned $ 55K & in my Labor(PERM) application Prevailing wage is mentioned $ 65K.

    My labor(PERM) has been approved & I-140 is in process at TSC.

    My question is
    This diffrence between LCA mentioned prevailing wage(i.e. $55K) & Labor(PERM) prevailing wage(i.e. $65K) going to create any problem at stage of I-140 or later in I-485??

    I am getting paid as mentioned in LCA i.e. $55K.

    I will greatly appreciate response.

    Thanks.

    Both these are separate processes and note that the I-140 is for a future job.So relax.





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  • webm
    10-02 11:50 AM
    Hi ,

    My husband is a GC holder. For some family reasons we would like to stay in INDIA for couple of years(or maximum time we can). I know we have to apply for a reentry permit. Is it a tough one to get and how early should we apply for it.

    Thanks in advance

    From Murthy.com Article:

    In order for one to be considered as properly maintaining LPR status, a green card holder must be maintaining a permanent residence in the United States. If one is outside the U.S. for a period greater than either six months or 180 days, the immigration inspector may start questioning whether the permanent residence has been abandoned. Being outside the U.S. for such periods of time can also be a problem when applying for U.S. citizenship.
    �MurthyDotCom
    If such an individual just makes an annual or biannual visit/s to the U.S., it may appear over time that s/he is spending more time abroad than in the U.S., and actually is living and working abroad. Then the individual is at risk of losing LPR status. If one plans on an extended stay outside the United States, it is possible to apply for a reentry permit before leaving the U.S., valid for a maximum period of two years. Such a permit would greatly facilitate reentry to the United States.
    ---------------------------

    It should be a doable process provided all the required proof/documentation..





    whatamidoinghere
    02-22 04:26 AM
    Looks like lot of data is available for us to crunch on:

    Labor certifications from 2000 to 2006
    http://www.flcdatacenter.com/CasePerm.aspx

    H1Bs issued from 2002 to 2006
    http://www.flcdatacenter.com/CaseH1B.aspx

    Hopefully using this data we can get some rough prediction on cutoff date movement. I'm going to spend the coming weekend on this.





    BharatPremi
    05-11 09:57 PM
    buddy,

    I'm already in my beloved place and with your contribution and help to Immigration Voice, I can see the light at the end of the tunnel. Thanks for the help.

    Remember, you are doing this to potentially ditch India and to change your nationality and are going to take oath

    "I hereby declare, on oath, that I absolutely and entirely renounce and abjure all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty of whom or which I have heretofore been a subject or citizen; that I will support and defend the Constitution and laws of the United States of America against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same, that I will bear arms on behalf of the United States when required by the law..............."

    My question is, hypothetically if in future if there is a war between USA and India, and hypothetically you become a US citizen, how do you conform to the oath?

    Looks like my posting hit the nerve hard, i see it from your response.

    I'm cultured enough not to bring your mother and father into the conversation.

    Good Luck

    Nandakumar,

    It is pretty much proven that in your mental territory you have already ditched India and it is the USA which will take long to grant you a GC and then afterwards citizenship for which you almost represented your beggar like mentality. But that is not my concern and should not be. I have only one question to you and I hope youwould try to answer it with all possible honesty.

    Q: What will be your view regarding USA's official policy to consider LTTE a terrorist organisation? ONce you will be come US citizen how will you align yourself with this policy?