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  • Macaca
    01-18 08:44 AM
    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.

    Contract job has to be filled in weeks. But, it takes months and years to get H-1B approved. Thus, contracting is inherently speculative. This means, start date of a new H-1B contract and all following contracts, are not guaranteed.

    Difference between Job shops and reputed Companies

    Indian body shoppers employ a H1b Persons and many of them are in hourly. No project then no pay. No pay in bench is violation of law and both employee and employer are willingly accept that. So our body shoppers are attractive destination for GC aspirants.

    The companies which follow rules are forced to pay bench or lay off. Companies may be under risk of heavy loss when there are too many people are in bench. That means companies which follow rules and regulations are making loss in tough times at the same time Body shops always make money and worst case scenario no loss no gain.

    The revenue generated by a contractor is from his/her billing only; it is hard to calculate this amount for a non-contracting company like Intel. All contractor overhead (salary, benefits: insurance, H-1B/GC fee, ) and company profit have to come from this billing.

    Still Desi companies are not following Labor laws.
    I know a company in OHIO still exploiting H1Bs ... but payroll being generated.

    Most (all?) US contractors are not paid on bench. Neither are they paid any benefits. (If they get paid on bench and/or benefits, it will be from the fixed overhead of their billing leading to smaller pay check: you are getting the same amount whichever way you want to spread it!)

    This inequality was known by everyone including USCIS.

    This means, that benched H-1B will stop getting paid on getting GC. Is this equality?

    The 20% fraud/abuse that Slumdog Ron Hira barks is violation of such garbage-based laws created by him and Matloff. Another one is H-1B can not pay (some parts of) his/her H-1B/GC fee.

    The only genuine laws are H-1B is paid (ignoring bench but including H-1B & GC overhead) below prevailing , company does not exist and H-1B is working in gas station (and increasing competition for Hira/Matloff's thorough bred US born asses).





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  • GetGC08
    07-30 05:01 PM
    Both these are separate processes and note that the I-140 is for a future job.So relax.
    Hello Samay,

    I just received RFE for I-140.
    I-140 Details:
    I have applied I-140 under EB2 India.
    I have BS(3 years) with computer science & MCA(MS 3 years) in computer science. So total 6 years of education in computer science(3 yrs BS + 3 yrs MS).
    Also I have 1.5 years(18 months) of experience after completing my MS. I have submitted my experience letter at the time of filling labor But USCIS didn't ask anything regarding experience.
    In labor(PERM) we mentioned Masters required
    & Major field of study is Computers.

    Do I qualify for EB2??Plz let me know.

    RFE details:
    1) Degree evaluation(what's the procedure?)
    &
    2) They want most recent W2 for 2007.

    In 2007(W2) I got paid $59K(gross) & in LCA(H1B) prevailing wage mentioned is $55k.

    In labor(PERM) prevailing wage mentioned is $63K & offered wage mentioned is $ 65K.


    Difference between W2 & Prevailing wage in labor(PERM) is $4000($63K - $59K).
    Difference between W2 & Offered wage in labor(PERM) is $6000($65K - $59K).
    Is this a serious problem???

    My labor already got approved.
    My company is financially very good.

    Now which wage USCIS consider or match with W2??

    I will really appreciate your response.

    Thanks.





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  • ebizash
    07-21 12:23 PM
    got into it, pulled off 3 weeks later. they refunded my investment w/o any issue. but yes never lost that persons contact who got friendly with me for this and we remain good family friends. so there are exceptions.

    We also remained good friends with the people who left our group... you know why... because we had no other options as we had no other friends left outside Quixtar (which was Amway before 2001 and is again Amway since 2009)

    Not saying that it applies in your case as well... but just telling you from my standpoint..





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  • amsgc
    12-19 07:40 PM
    PD and EBI/II/III shlould be ad to the above list.



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  • vamsi_poondla
    02-14 12:51 PM
    Watch and see how fast the Michigan government will start issuing DL to H1B holders and to those who has pending I-485.

    http://www.aclumich.org/modules.php?name=News&file=article&sid=567
    https://www.aclumich.org/pdf/licensecomplaint.pdf

    A new ruling is different than challenging an existing rule. So, we cannot compare with DL Issue. Name checks, I don't think it is logical. But at the same time, it is not with sinister design as well. Latest memo doesnt admit that they introduced this to screw us. It happened consequentially due to delays, less funding allocation and other processing slack. (BTW, I think MI IV Leadership team did a wonderful job for the DL Issue.)





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  • samay
    07-06 12:16 PM
    Hi Forum,

    I have come to USA last year and was getting paid consistently till May31. Now, on July 2nd new employer (not a desi, but a big company) applied for transfer on premium processing. I'm continuing with my old employer, and they are marketing me, and have all such emails. Just wanted to know whether the paystub will be an issue for transfer? And how soon can I join them, and what is the risk if I join them now, before I wait for response from INS?

    Any response in this regard will be highly appreciated.

    I would suggest that you wait for another few days and since you have applied for a premium processing you should be getting a response from the USCIS soon. The USCIS requires last two pay stubs for the transfer however we have been able to obtain approvals even with a single pay stub.



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  • immi_seeker
    09-17 04:09 PM
    October bulletin has already moved to Jan22'2005. From other tracking sites there are not too many Feb'2005 applications. But we have plenty of March 2005 applicants. Once it crosses March it will zoom ahead to end of 2005.

    But it could be September 2010 by the time it comes to March,2005.

    Any idea what would be the number of pre-perm applications arnd mar-2005. Will it be like in 10K numbers . Any idea?





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  • ita
    03-30 02:56 PM
    For all we know we may not be casting our vote but it is very important to know what is going on around us and this discussion is like a reality check though I agree immigration forum may not be the right place for this discussion.

    Coming back to MMS,Advani-going by the qualities you attributed to these guys MMS is like that exquisite diamond that will always sit inside the locked case who can only tantalize people but cannot make anyone happy(since Sonia and Co will never let his policies/Intelligence reach common man.)
    LK may not be that exquisite a diamond but he is not caged .I don't think he's a dunghill either.
    The most of the guys posting in this thread is not going to vote. Even I think, we all do not have our names in electoral list. There is no sense in arguing who is best or who should be next PM, sitting in US. Furthermore, most of the educated, urban voters will never go to polling booth in hot summer to stand in line to do their duty as a citizen.. Indian�s election of their representatives is fundamentally a show of money and muscle power. Election in India is just a business. It is just investment of money by political parties with the help of capitalists and their lobbyist to get the vote from rural, uneducated, divided voters across the nation. All parties are corruptive, communal, divisive, plays vote bank politics. No exceptions! (whether it is Congress, BJP, communists, BSP, SP, and countless regional parties). One thing I can say or compare about Congress and BJP. Congress is the only party has responsible for bringing both good (economy, growth, education,) and bad (corruption and countless other) thing to India. BJP has not done any good thing to India sofar, only it brought bad things to India (divisive, corruption).

    My input regarding comparison of Manmohan and Advani.

    Manmohan.

    Though, he is not a full time politician, and not a good crowd pulling speaker, he has strong record. He has quietly achieved lot as a RBI governor; FM and PM. US nuclear agreement is a big achievement in his career, despite he had a minority government with the strong left opposition. He does not have long term independent vision, and strong leadership skills. He was widely accepted by all part of the country, as he has no controversial issues.

    Advani,

    He is a good speaker, crowd puller. He is a typical Indian politician. He has leadership skills. He does not have any significant record/achievement to back his claim for PM (either as a ex-minister or politician). For example, he has not done anything to improve the national security when he was a union home minister. He has involved in controversial issue like Babri Majit, and Ram temple issue. He also does not have long term vision, ideas on economy, poverty elimination etc..



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  • unseenguy
    06-12 01:12 AM
    You will be considered as anti immigrant if you support any of restriction to H1b or Grassley Bill even if the they are good. Even recapture is passed that will not resolve the problem unless the numbers are huge.Recapture bill will give only limited releif for limited time. If we want all of the problems of High skilled immigration system needs almost unlimited GC numbers and also huge expansion of H1b. That will be nearly impossible for atleast next 5 years or more.
    If anyone is having good skills they will escape whatever the restriction they put for H1b. More restriction bad apples will be filtered. If H1b number goes down by restriction waiting time for GC will go down. Most persons will get GC within 2 to 4 years time at the same time best and bright will come here.

    So you are indirectly saying, you got GC because you are best and brightest?





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  • alwayson
    03-14 09:34 AM
    I did my Candian PR through this firm

    http://www.canadavisa.com/

    Very professional. Timely communication.



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  • pitha
    03-14 09:32 AM
    You can actually do it on your own. Dont mistake canadian GC process with the american green card process, Canadian process is well defined and simple.

    I applied on my own. You can use this website, it is the candian government website. http://www.cic.gc.ca/english/index.html





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  • the_googly
    07-23 01:17 PM
    This does not make sense at all.. cases are a miniscule portion of actual USCIS approvals and a rate of 30 cases per month would mean most of USCIS personnel are on vacation for summer :)

    The assumption is that we have a true random sample on . Please note that the 30 cases per month are not actual cases.. they are cases.



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  • andy garcia
    02-12 09:30 PM
    Agreed this is discrimination, what stops us from fighting this discrimination using legal class action lawsuit? Is it the money required or did a lawsuit fail earlier that inhibits us to file class action lawsuit?

    It is the law. You can try to sue congress.

    INA: ACT 202 - NUMERICAL LIMITATION TO ANY SINGLE FOREIGN STATE
    (a) Per Country Level. -

    (1) Nondiscrimination. -

    (A) Except as specifically provided in paragraph (2) no person shall receive any preference or priority or be discriminated against in the issuance of an IV because of the person's race, sex, nationality, place of birth, or place of residence.

    (B) Nothing in this paragraph shall be construed to limit the authority of the Secretary of State to determine the procedures for the processing of IV 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 IVs made available to natives of any single foreign state or dependent area under subsections (a) and (b) of section 203 in any FY 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.

    (3) Exception if additional visas available. - If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a) and (b) of section 203 for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during the remainder of such calendar quarter.





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  • arnab221
    06-11 04:13 AM
    At least Mr Oppenheimer has told the truth that it is curtains for EB2 and EB3 India and China and brought all the hopefuls to the ground . Passing CIR is a distant dream.

    Thank you Mr Oppenheimer ! At least you had the guys to spell out the bitter truth , so that we could plan accordingly and plan our return .



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  • abhijitp
    07-03 08:17 PM
    please let me know. i have prepared an excel spreadsheet of contacts from previous IV threads + couple other sites on the web





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  • kommisetty
    09-24 05:13 PM
    Greate Idea and fully support it even thought i may or may not buy a house for GC. Atlease the wating line will be reduced if it works out.

    Sent e-mails to all that are there in the spread sheet.



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  • vinzen
    08-18 11:21 PM
    This is not "Indian" thread. It is purely a North Indian thread. He is popular only in North of India.

    And which part of india are you from?





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  • flygo
    10-04 02:27 PM
    I sent my application to Buffalo early Sep., however, have not received the receipt # yet. My friend told me it only took a couple of weeks for him to get his last year.

    Just wonder how long it is gonna take, thanks for any headsup!





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  • gondalguru
    07-15 11:09 PM
    Some one has done a very good analysis in this thread.

    http://immigrationvoice.org/forum/showthread.php?t=4285&page=107

    Here is copy and paste of the post by gcobessesed

    ----------------------------------

    Reading this post and the Ron Gotcher numbers, I see some answers for the pending India backlog number question and a silver lining for EB2.

    Quote:
    Originally Posted by drirshad View Post
    (Quoting Ron Gotcher) The CIS backlog does not appear to be as serious as I had been told previously. Rather than 600,000 pending employment based AOS cases, it is likely less than 400,000 pending cases.
    Quote:
    Indian applicants make up approximately 40 to 45 per cent of the entire employment based quota backlog
    Therefore, about 160,000 applications are pending for India!

    As we have seen before, EB3 and EB2 are almost the same proportion for India with EB3 being slightly higher. So, about 85,000 for EB3 and 75,000 for EB2 are pending.

    Quote:
    Mr. Oppenheim explained that while the Visa Office initially took the view that visa numbers had to fall down into employment third preference before the could fall across to the individual country quotas, but after further review, additional legislation, and consultation with Congress, they concluded that they have to allocate the fall across within individual preference petitions first.
    This means, EB2 will get all unused EB1 visas and EB3 will only get 1/3 of the total 140,000 employment based visas (and 7% per country) until EB2 becomes current.

    Also, because 40-45% of the applications are from India, we can assume 40% of the yearly EB1+EB2 *may* be applied to EB2 India. i.e. approximately 35,000 visas per year for India EB2!!!

    Putting this in perspective with the pending 75,000 EB2 India applications, we should see all of them approved in the next 3 years. i.e. If your EB2 India priority date is in early 2007, then your I-485 will be approved by 2011, which is fantastic!

    If you assume a uniform distribution of applications between Apr 2004 and Apr 2007 (say), it is straightforward to calculate when your date might become current in the next 3 years.

    So, according to this, the cut-off date for EB2 India should move towards end of 2004 in the Oct/Nov bulletin. If that happens, then the above argument will be validated.
    __________________


    I am very confident that EB-2 india will become current in about 14-18 months.





    diptam
    12-17 03:59 PM
    Is the new Obama Administration going to consider "Instant GC" if we buy a House ? I'm thinking about the huge inventory of vacant house and how many could be bought up by GC holders... Its probably a fraction - Isn't it ?

    Thanks jungalee, for writing on this issue, that makes two of us. I think everything done by over 1000/2000 people together and every subject covered in letters from over 1000/2000 people makes it to the top. Most half educated (which is worst than illiterate) usually give priority to their petty differences and find reasons not to participate, which is why they remain "wise fools".

    It will definately help to draw attention to our issues if more people in the community will participate.




    .





    p_aluri
    12-14 03:12 PM
    I think it is only discrimination if the per-country limit is different for different countries.

    Since all countries have the same limit, there is no discrimination at all.

    But the limits have been pre-defined for certain coutries as the demand is so high from those countries..

    Yep.



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