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Saturday, June 18, 2011

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  • LegalIndianInUSA
    08-02 11:43 PM
    Although they promise a lot of things on paper, we generally skip reading the fine print. Fine print generally would include this clause (language will be a bit different)...
    "Although these are our policies, these might change at any time, with or without written notice".
    End of story to all 'You promised me gold in your agreement' arguments.


    There was no fine print on the appointment letter. There wasn't even fuzzy wording (like "we may" or "in most circumstances" etc).
    Although I'm clearly educated about how the system works now, back then, at age 24, I wasn't. I was foolish enough to trust and believe that they would keep their word; they are after all, big multinational companies.
    I don't want other young Indian/foreign immigrants to fall into the same predicament.
    The sooner they realize that Human Resources is the most inhuman department in a company, the better.


    Practically speaking, if you think from a company's perspective also, I don't blame them. Would you (Mr OP sir) be willing to invest in something that you are not sure that you will get profit from it? Like, you give me 100$, I may give it back+10%interest or may not give it back. If I want to give it back, I may give it back in 2yrs or even 30yrs, 100 yrs its upto me, depending on some citing of random comet I choose.
    Same thing in company's point of view, if they invest in endless lawyer fees, filing fees, humongous paperwork and easily these days GC process take 5-35 years and during/after this time, What is the guarantee that you will still stick with the company - after all this investment of time & money? Companies need visible & predictable ROIs.


    In large companies, the Legal department doesnt exist solely for GCs and Immigration related matters. The cost of immigration is barely a drop in the overall cost of maintaining such a department, and hence your logic is wrong.


    It is an unfortunate truth we all need to get accustomed to live with.

    No, we dont need to get accustomed to being lied to, or being treated as skilled slaves.
    If you side with the law and say that the companies are not obligated to process GCs, then they should not be offering the same. Also, the law as it currently stands, is unjust and I'd much sooner see the law be changed to something like "if you've worked here for 6 years, paid taxes etc, then you can apply for a GC yourself based on just that"


    I guess it is in our Indian blood to expect freebies/extra perks from government, from employers (being socialist, a bit communist country and what not), and we forget it is the FREE MARKET that rules here.

    lol. Firstly, there is no such thing as a "free market". Wake up already.
    Secondly, the US is more socialist than India is.
    Thirdly, A GC is not a freebie/extra perk. A GC is a good-faith agreement between the company, the future employee and the governing body(USCIS), and companies should understand the ethical meaning of "good faith".


    If your skills are in high demand, they will make you the king. If supply is high for your skills, they will go for someone cheaper..
    Yea sure, I'd like to see all the high skilled kings that have been made by companies.
    It is a fallacy that skill, intellect or IQ has meaning/importance in the US.
    At the end of the day, you are just another desk jockey.





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  • kondur_007
    07-12 04:30 PM
    E. APPLICABILITY OF INA SECTION 202(a)(5)(A)AS IT RELATES TO THE ALLOCATION OF �OTHERWISE UNUSED� NUMBERS

    INA Section 202(a)(5)(A), added by the American Competitiveness in the 21st Century Act (AC21), provides that if total demand will be insufficient to use all available numbers in a particular Employment preference category in a calendar quarter, then the otherwise unused numbers may be made available without regard to the annual per-country limits. This provision helps to assure that all available Employment preference numbers may be used. In recent years, the application of Section 202(a)(5)(A) has occasionally allowed oversubscribed countries such as China-mainland born and India to utilize large quantities of Employment First and Second preference numbers that would have otherwise gone unused.

    For example, let us assume that 11,600 Employment Second preference numbers are available in a calendar quarter. There is heavy Employment Second preference demand by China-mainland born and India applicants; however, each country is oversubscribed and would ordinarily be limited to about 800 of the available numbers due to the prorating provisions of INA Section 202(e). Applicants from other countries that have not yet reached their per-country limit have reported a total demand of 6,500 numbers. After taking the worldwide demand into account, it is determined that as a result of the China-mainland born and India per-country limits only 8,100 of the total available Employment Second preference numbers would be used in that quarter. In this instance, the otherwise unused 3,500 numbers could then be made available to China-mainland born and India regardless of their per-country limits. Should that occur, the same cut-off date would be applied to each country, since numbers must be provided strictly in priority date order regardless of chargeability. In this instance, greater number use by one country would indicate a higher rate of demand by applicants from that country with earlier priority dates.


    This is simply the explanation as to why will EB2 India get a huge number and not so much for EB2 China (so when year end statistics come out, there would not be too much noise about why EB2 India got several thousands of visa numbers more than any other category).

    Indication that EB2 India will get huge numbers...this is just explanation as to why:)





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  • msp1976
    12-21 09:28 AM
    Please take time to write to the New Jersey Senators this holiday season to encourage them to take up the immigration legislation


    Lautenberg, Frank R.- (D - NJ) Class II
    324 HART SENATE OFFICE BUILDING WASHINGTON DC 20510
    (202) 224-3224
    Web Form: http://lautenberg.senate.gov/contact/

    Menendez, Robert- (D - NJ) Class I
    502 HART SENATE OFFICE BUILDING WASHINGTON DC 20510
    (202) 224-4744
    Web Form: http://menendez.senate.gov/contact/contact.cfm





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  • ArkBird
    03-11 11:11 PM
    More like KLPD :)



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  • mallu
    02-17 01:03 AM
    .... African slaves in US didn't become free because they fought with their owners. They became free since President Lincoln decided that slavery had gone on a bit too long.

    ...
    A better example would have been the civil rights movement by Dr. King .





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  • vin13
    11-11 05:36 PM
    Is there any IV member in DC willing take up this task, while we work on document?

    Lets not limit this task for someone who is close to DC. The person close to DC can always represent to visit. But we need support in getting an appointment. Getting an appointment is something that is not limited to only individuals close to DC. Use the help of your congressman to get an appointment or their help to address this issue.

    the congressmen have aides who meet their constituents. Department officials need not give appointments to public. So we need some influence to get the appointment. I am meeting my congressman's aide on Nov 20th. But all of us need to do the same. hopefully one or more of us succeed.

    We can fine tune the letter in matter of minutes. WE NEED TO WORK ON GETTING THE APPOINTMENT.



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  • Eternal_Hope
    12-10 01:56 PM
    Another reason for the slow movement is people getting married.. a spouse potentially accounts for yet another visa number and this adds to the unpredictability of the system. It gets even worse with non-US born kids.

    The solution to all our visa backlog issues is:
    1. Stop marrying.......
    2. Dont have children ...or atleast not in your home country

    Brilliant!





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  • Jaime
    09-12 11:08 AM
    Who's still thinking about going or not? Email us! We'll help you in any way possible! Let's all go together!



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  • peer123
    07-13 09:20 AM
    Agree, she is just trying to cash on the momentum and probalby later claim credit if favorable changes are made. But , it should not bother us as it only going to help us and not hurt us.

    I agree with you,... Lets accept it. Nothing is FREE in this world...

    There is something called corporate alignment in every aspect of the business. She doing it - if it helps her as well as us. So be it.

    we should be able to combine all forces and go at it....





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  • f16mav
    03-18 08:35 AM
    I can donate about 30K Continental miles. Please let me know the procedure.

    Thanks,



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  • prioritydate
    09-20 10:06 AM
    Now they are saying "Smartness" is a relative term.:)


    Heeeee... I know what you mean.





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  • jcgc
    02-21 02:13 PM
    I can share some estimates for EB2 India through Dec03. I wish had the cases as a database, Then we could query for all dates.

    Column 1: PD
    Column 2: Nbr. Of EB2 India pending from
    Column 3: Estimated Universe of EB2 India Pending ( to Universe ratio of 6.75%)
    Column 4: Cumulative EB2 India pending

    2000-01 0 - -
    2000-03 0 - -
    2000-04 1 15 15
    2000-06 1 15 30
    2000-08 0 - 30
    2000-11 1 15 44
    2000-12 0 - 44
    2001-01 0 - 44
    2001-03 1 15 59
    2001-04 3 44 104
    2001-05 2 30 133
    2001-06 6 89 222
    2001-07 3 44 267
    2001-08 1 15 281
    2001-09 1 15 296
    2001-10 6 89 385
    2001-11 2 30 415
    2001-12 2 30 444
    2002-01 5 74 519
    2002-02 4 59 578
    2002-03 1 15 593
    2002-04 3 44 637
    2002-05 11 163 800
    2002-06 7 104 904
    2002-07 5 74 978
    2002-08 5 74 1,052
    2002-09 5 74 1,126
    2002-10 14 207 1,333
    2002-11 16 237 1,570
    2002-12 11 163 1,733
    2003-01 13 193 1,926
    2003-02 12 178 2,104
    2003-03 20 296 2,400
    2003-04 13 193 2,593
    2003-05 16 237 2,830
    2003-06 17 252 3,081
    2003-07 22 326 3,407
    2003-08 18 267 3,674
    2003-09 18 267 3,941
    2003-10 29 430 4,370
    2003-11 17 252 4,622
    2003-12 18 267 4,889
    Total 330 4,889



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  • sc09876
    07-29 01:46 PM
    @uma001
    I understand your situation because you had posted elsewhere on exactly what happened to you.

    Premise of the Green Card (and H1-B for that matter) is that an American citizen or a Permanent resident was not available with required skill sets for the work to be done.

    Scrutiny at H1-B was traditionally a lot relaxed because it is temporary in nature by definition. A lot us seem to assume that Green Card is a natural progression from H1-B. In Employment Based GC, burden of proof lies with the organizations. I have worked with small and big organizations, and I am yet to come across an organization that will go out of the way or makes exceptions to an employee at the risk of its reputation or facing legal hassles.

    When I had a choice to make may be 5 years back, a friend of mine advised me. If you have GC, big corporations can employ you easily, but if the big corporations employ you, it is not easy to get GC. (particularly because the HR would not be so easily accessible, but "control" is what he was alluding to.)

    I took his advise, and landed a "desi" company, which was not so "desi" in its thought process and treatment though. They were flexible, at the same time, great to work with, paid very well and took care of expenses at actuals. I was lucky enough to have landed where I had.

    One has to know very well, what one wants to do and where one one wants to head. If the over-riding factor is a GC application, find out where you get the flexibility. On the other hand, if an over riding factor is a satisfaction to work with big name companies, then you know how it works. No point blaming companies.





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  • HawaldarNaik
    12-10 01:46 PM
    I expect things to be more transparent from February onwards (note month of Feb), that is because i beleive that the new leadership will ensure that there is a transparency in the whole process rather than a lottery like approach to the dates.
    Also i beleive the whole GC process will be more professional giving folks like us much much more respect than what the current approach is doing....



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  • gimme_GC2006
    03-09 02:02 PM
    hey bsbawa atleast ur pd is apr 04, now it is feb 04 for you , there is hope that you will get it by this year end atleast, think about folks like me, i have to wait till 2019 to get my eb3 to current......... so stop crying and be happy that atleast ur in EB2........ :o

    lol..dont say 2019..my PD is almost same as yours and I aint hanging around till 2019..by that time I will be old and no idea what will I do with..GC..probaly hope for citizenship and apply for retirement benefits :confused::confused::confused:


    Edit: Never mind..yours is EB3..so may be mine will come in 2015





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  • abd
    09-17 11:20 AM
    Anyone received RFE letter? I've not received it yet.

    In my case only attorney received in 5 days of RFE. I never got copy.



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  • vin13
    02-10 10:59 AM
    No disrespect meant but what's this? Faux News? As per the law, there is no quota of 2802 green cards for EB3 India. Its a ceiling not a quota. The difference is with ceiling of 7% USCIS can allocate lower number than 7% of 28.6% of 140,000 to EB3 India. If it would be 7% quota, then it would be fair to ask for our "right" for another 580 more green cards. That's why this is not real information, its Faux news.


    desi3933 has correctly mentioned the relevant stats. Just in case you missed it:



    This is the reason I do not find that immigration business shop credible any more.

    I believed we get atleast 7% (cap) + any unused numbers. As there is a possiblilty of getting more than 7%, it is not considered a quota.

    I did not know of getting less than 7% when there is high demand. :confused:





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  • f1vlad
    01-19 11:23 PM
    Same happened to me in some small town in NH, about quarter mile from Canada, I was just driving on a local road and I pulled over to check my map. So I sit reading map and I hear knock on my window. All of a sudden see couple of Border Petrol agents.

    I only had drivers license. They didn't believe anything I said and they told me that. At which point I told him "Sir, do what you have to do," because conversation sounded more like interrogation.

    Anyway bottom line they got back to my car window and said that they could put me to jail right now and that they cannot find anything on me in their computer. My last attempt was "I can give you cell phone #'s of my supervisor and VP, if you would like". But he handed me my license and said that I should carry passport and H1B with me at all times.

    I agree with some of you who say it's dumb, up to now I still don't carry passport and originals of H1B. I am just afraid to loose it.

    This thread however makes me rethink it, I might just throw passport in the car and take with me whenever I far from car.





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  • reddog
    06-30 09:15 PM
    Never ever throw negative vibes, the universe is listening.
    We will be able to file our Apps. Believe it.... just believe.





    gvenkat
    10-20 09:24 AM
    Mccain is suportive to immigration yes. But not to legal but illegal. And there will be too m any distractions under his regime the 100 yer war in iraq and a new war in IRan that this will be in the back burner and the economy going down and us losing jobs so that we dont have to worry about GC. :mad::mad::mad:

    Wake up US needs a change.. didnt we have a republican president for the last 8 yeras.. didnt the retrogession happen during that time.. so what we need is chnage and thigns will fall in place.. although Obama might not be pro-immigration we might have some transparency...





    yabadaba
    09-10 04:02 PM
    Letter for Intl Student Associations

    Dear International Student Friend:

    You have put yourself through a lot over the past few years: traveled to a new country, put yourself through school, worked long hours in the lab, took on multiple on-campus jobs and loans, so that you could make a better life for yourself. Now, you are getting ready to graduate and join other high-skilled people like you who make this country one of the leaders when it comes to innovation and technological breakthroughs. We are proud of your accomplishments and look forward to welcoming you in the real world as your friends and colleagues.

    However, we wanted to make you aware of a grim reality that you will surely face in the coming months. Immigrant visas (commonly referred to as ‘Green Cards’) are currently severely backlogged across multiple categories and countries. You might be vaguely aware of this and may have heard rumors, but the truth of the matter is that most likely you will have to face years of waiting for an immigrant visa to be approved. This in turn will restrict your growth within an organization and at the same time prevent you from reaching your true potential. Even if you are finishing up your course of study from the topmost university in your field, it is more than likely that you will be impacted by the current immigration backlog. We write this letter because thousands of our members are in exactly the same place. We write this because we are in process of developing one of the most comprehensive grassroots organizations dedicated
    to helping skilled immigrants achieve their American dream and at the same time help in keeping this country competitive in the global markets.

    Our organization cuts across nationalities, job categories and pay scales. Even if you are finishing up your MBA from Harvard, it is likely that you will be impacted by the current immigration backlog. We are completely committed to
    securing a more transparent, predictable and fair immigration system. We ask you to visit our website at http://www.immigrationvoice.org and attend a rally on September 18th at Washington DC. We are running buses from your city to DC. All you need to do is visit the Immigration Voice website and sign up for where you are coming from.


    Regards,

    Your friends at
    Immigration Voice



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