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  • delax
    07-13 09:43 PM
    you did not get my post...last thing we want is silly argument regarding EB2 and EB3................

    me neither. Pl read this post of mine:
    http://immigrationvoice.org/forum/showthread.php?p=262198#post262198

    Some people dont seem to get the intent.

    Irrational passion calls for dispassionate rationality.





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  • sanju
    04-08 09:07 AM
    of course not....
    The provision defeats the purpose of whole whistle blower clause...

    Oh ok. Sorry, I was not sure about the message of your earlier post.

    And for this purpose, the provisions which seem to be protecting H1 employees are actually falling short of providing any protection to make H1 program more efficient. At the same time, the bill is imposing so many restrictions that it would make the entire H1 program "non-workable" and "useless", as highlighted by the administrator.





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  • bklog_sufferer
    09-30 04:23 PM
    I totally agree with the orginal poster, if Obama wins the presidency our chances getting GC any time soon will diminish as the CIR will never include any provisions that benefit EB immigrants.

    If that happens, and if I have to wait for my GC for another 4 years (already waiting here since 2003, applied for GC in 2003, but came to US in 2000) then I will sell my house and move back to home country.





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  • bfadlia
    01-07 12:55 PM
    Guys,

    I urge everyone to stop replying to this thread. I see a pattern going on, you discuss anything and discussion is diverted to muslim militancy.

    Please stop these type of discussions. It will only divide us.


    I agree, the conflict discussed here is a political conflict. It could have been resolved much easier if all sides stopped looking at it with the religious-end-of-times lens (jews: nile-to-euphrates empire belonged to us 3000 years ago, christians: jews from all over the world must be transfered back there for the messiah to return.. and muslims: end of times won't come until jews fight the muslims and we beat them)



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  • Madhuri
    05-16 11:08 AM
    Very well said Sanju. You put everything in right perspective.





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  • Refugee_New
    01-07 03:22 PM
    hey dude. just a few posts back, you mentioned that cnn and fox are mouthpieces of a vast jewish conspriacy. and now you have no qualms in using CNN to justify another argument you are making. so i guess it's ok to switch sides in the middle of an argument? i'm not trying to demean you, but you sure have me confused now.

    CNN has to post it because UN brougth the truth out. I posted it here because you guys trust CNN and Fox.



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  • funny
    09-30 04:10 PM
    I think you are right - as soon as they see I140 revocation they are doing the easiest thing, that is to reject underlying I485. They can easily check the 180 days period; alternately they can actually issue NoticeOfIntenttoDeny (NOID) and give a chance to the candidate why I485 should not be rejected - this is also equally easy for them to do (just send a letter and give a 45 day or something similar time). I think they are simply rejecting so it reduces the total pending I485 cases. It might be possible for us to open MTR and resolve this but if working on EAD we will be in soup and also MTR's typically take longer to get resolved.

    I guess this discussion is going on in a different direction.. "AC21 is the focus here" while we are at it, I want to ask if someone has seen a denial, just because someone used AC21 and the I-140 was not revoked.





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  • pappu
    04-07 05:35 AM
    Guys,

    There is going to be no difference whether you

    1. Renew your H1 at the same company by filing an extension,
    2. Transfer your H1 to another company by filing a transfer or
    3. File a brand-new cap-subject H1 for someone who has never been on H1.

    ALL OF THE 3 WILL BE AFFECTED.

    For all 3, you have to file the same form I-129 and you get the same 2 forms in return from USCIS : I-797 (and I-94 too unless its an H1 for someone outside USA).

    The first 2 ways are cap exempt, and the last one (brand new) H1 is cap subject.

    But the process is the same. Paperwork is the same. You have to file LCA that shows the address/location of work, nature of work, title, salary etc. So even if you are working at same company, when you file for extension, you have to file a new LCA, that has all information and all that information will DISQUALIFY you if the new law passed and those rules of "consulting is illegal, outplacement at client site is illegal" apply.

    So take this seriously and do not underestimate this.

    And if you work perm-fulltime it will indirectly affect you. Projects are not done in isolation. Most projects have a mix of full-time employees and consultants who are sourced from vendors and H1B recruitors. Projects falter and fail when abruptly some consultants go back to their home countries because their H1s couldnt get extended. And that affects everyone. Job security depends on success of IT or other projects and if you are a part of failed project that was lost half way due to lack of skilled employees, then your job security also diminishes. If you are laid off, then the H1 transfer to a new company would be subject to the new rules under this law.

    Infact, this affects everyone.

    Students looking for new H1B
    Students on OPT
    H1Bs getting extensions
    H4s transferring to H1Bs

    and all H1Bs indirectly and directly

    Because now ALL employers will be hesitant to hire an H1B in ANY field due to such tough laws and lot of paperwork and lot of restrictions.



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  • siravi
    09-30 05:41 PM
    If Obama becomes president can he restore the faith of high-skilled immigrant who play by the books and still have to wait for decades to get their Green Card.


    Many have been looking at the high-skilled immigrants through a narrow pin hole, even Sen Durbin has been swayed by such critics. NFAP report shows that almost 50% of the private venture backed companies started between 1995 and 2005 are founded by immigrants. Guess what Sen. Durbin and high-skilled immigrant critics majority of those immigrants would've taken the route of H1 -> GreenCard -> US citizen. Why are Sen. Durbin so short sighted on the high-skilled immigration system? Hope Obama can look at the high-skilled immigration system with a long term perspective and persuade his colleagues in Congress to enact a legislation to fix this broken system.

    http://www.nfap.com/researchactivities/studies/immigrant_entreprenuers_professionals_november_200 6.pdf

    Hmm this is a tough one ....as much as I'd like to see, really, see Obama get the chance to make the "change" he wants to bring about, having Sen. Durbin along with him, driving the immigration policy does not bode well. And by the way, with that outlook on high-skilled immigration how can he claim he is "for change"? Very likely, am missing something here, so forgive me (and enlighten me!). Because I do, sincerely want to see him as the president. But it does seem that Sen. Durbin has been rather hostile towards employment-based immigration and that makes the Obama-for-prez a really tough deal.

    Have been here for 12+ years, working as now a teacher and before that as a student. Have always been responsible --paying regular taxes, following the long, obstacles ridden trail to get GC, but I think now its getting very tiresome and unfair and its high time someone really looked into our issues and made "change" for the better.





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  • texcan
    08-06 05:26 PM
    A man was driving home one evening and realized that it was his daughter's birthday and he hadn't bought her a present. He drove to the mall and ran to the toy store and he asked the store manager "How much is that new Barbie in the window?"

    The Manager replied, "Which one? We have, 'Barbie goes to the gym'for $19.95 ...

    'Barbie goes to the Ball' for $19.95 ...

    'Barbie goes shopping for $19.95 ...

    'Barbie goes to the beach' for $19.95...

    'Barbie goes to the Nightclub' for $19.95 ...

    and 'Divorced Barbie' for $375.00."

    "Why is the Divorced Barbie $375.00, when all the others are $19.95?" Dad asked surprised.

    "Divorced Barbie comes with Ken's car, Ken's House, Ken's boat, Ken's dog, Ken's cat and Ken's furniture."



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  • isedkeem
    01-09 06:03 PM
    when you have two sides claiming two opposite stories, it is not reasonable to have one side be the defendant and the judge at the same time.
    The UN and International Red Cross who are on the ground there declared the Israeli claims of militants in the bombed civilian areas bogus.. foreign journalist might have confirmed that too (ah.. forgot that Israel banned foreign journalists from entering Gaza.. wonder why?)
    If we dismiss independent testimony just because the defendent says so, every criminal will go get a free hand.. plz let me hear ur logic for doing that

    The question is about common sense and not who said what... Israel might make mistakes but it has no need to bomb civilians or school compounds deliberately. It is a strong enough country that can wipe out the entire middle-east if it chose to but it does not do so probably because it isn't a failed state with an inferiority complex like most of its neighbors.





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  • unitednations
    03-24 02:50 AM
    Just some other info for people.

    One company I know has this hot list with their employee names. They send it out to their prime vendors or do their current clients.

    Somehow one of the anti immigrant groups was able to get on the e-mail list.

    Person from one of these groups responded back to the company with a statement saying that it is illegal to have people on bench and if any of the following LCA's belonged to the named people in the e-mail (ie., hot list) then he would report to department of labor of the violations. Person went through the pain of downloading the LCA's for the particular company and attaching it to the e-mail.

    Now; who knows whether person passed on the e-mail to depatment of labor, uscis.



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  • dpp
    05-16 11:06 AM
    How wonderful that congress is finally introducing constructive bills to prevent 'consultants' mainly (but not only) from India from clogging up the H-1B visa system for honest skilled workers. The H-1B program is clearly intended for people WHO HAVE A SOLID FULL-TIME JOB OFFER AT THE TIME OF FILING THE APPLICATION. The whole body-shopping/visa abuse phenomenon is just disgusting. I wouldn't cry if any and all kinds of 'consultancy' activity were banned from the H-1B program. Someone stated that then they 'might as well lower the cap to 10.000/year'. Obviously not true. This bill clears out the infested issues of people illegally taking up visas on false premises. Good work!

    Part of the title of this thread reads 'even H-1 renewal will be impossible'. That is just priceless. No, H-1B renewal will be impossible IF YOU ARE NOT HERE BASED ON HONEST CIRCUMSTANCES. Anyone with trouble renewing H-1Bs after this bill should get a real job or leave if they are not up to that task.


    These are all base-less statements.

    H1B program in not just designed for lazy full-time in-house foreign nationals. If an employer who can pay minimum wage (or more) given by DOL, they can recruit H1 and sponsor the visa.

    Do you know that 70-80% of H1Bs are on working on Consulting basis to complete the short-term/long-term assignments. They are the bread and butter of US IT business, not the full-time H1bs working in-house, who again takes a consultant to complete his job.

    May be some are abusing the law, but you have no right to say all of them are like that. Good and Bad will be there in any field/society/law. So, for that do not blame everybody working in that.

    I know several full-time H1Bs working in-house , but depends on outside consultants to do each and every work and they take the salary every month for doing nothing. So, with that i cannot say all full-time H1Bs are lazy and don't update their skills. There are exceptions to everything.

    Consultants are not like that, they work hard every hour and get paid just for the time they worked.

    Do not start the argument of dividing H1Bs. If you want, goto anti-immigrant sites and join with them. They will ditch you too someday.

    Support IV.





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  • sayantan76
    12-29 11:20 PM
    I agree with you. British occupied USA and India at around same time (1600) and USA got it's independence by 1789 and we had to wait until 1947. UK was very badly hurt post second world war and had to borrow money heavily from USA to pay for veterans and keep war time employment rates. Clement Atlee in his wisdom thought that UK can not maintain it's empire any longer and let go of colonies. Winston Churchill was opposed to this but could not prevail over Atlee. I admire Mahatma immensely. But let us not kid ourselves that we got independence solely based on peaceful independence struggle. To all those peaceniks, if you think non-violence is such a great weapon, why can't we scratch the whole army and use that massive defence budget for something else? If we are maintaining an army, we are going to use it some time.
    at the risk of adding to this "no longer relevant" thread - there is a huge difference between US and India gaining independence.....in case of the former - it was some Britishers now settled in America fighting other Britishers (loyalists to the throne) for autonomy and independence......

    India was perhaps the first successful example of natives gaining independence from a colonial European power....

    also - to brush up on some more history - India was not occupied in 1600 - actually East India Company was established in that year.....the real establishment and consolidation of territorial control happened between two historical events (Battle of Plassey in 1757 and Sepoy Mutiny in 1857).....if we consider the 1757 date as start of colonization in true earnest - then India was independent in 190 years (1947 - 1757) against your calculation of 189 years for USA (as per your post - 1789-1600) - so not bad for a mostly non-violent struggle :-)

    Also - one of the reasons Atlee thought it was too expensive to maintain colonies was because of all the Quit India and Civil Disobedience type regular movements -these movements took much political and military bandwidth that Britain simply did not have after the war.....if maitaining a colony was easy sailing - i doubt Britain would have given it up easily and we have to credit the non-violent movements for helping India becoming a pain in the neck for Britain......



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  • vamsi_poondla
    10-01 04:17 PM
    This is off-topic..but you need to think of small businesses that keep wages for < 10 employees etc in their accounts.

    Thats because the rich folks all of sudden who have more then 100k in their accounts felt unsecured and obviously the US government for the rich is helping the rich.

    Coming to the topic, how many think that Sen Obama (as Prez Obama) will help our cause in case there is a CIR or piece meal EB provisions.





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  • senthil1
    04-07 12:05 PM
    Will 115k enough by seeing 133k applications in one day? If 115k is reached we will ask unlimited. So there should be some system to see whether those115k H1b is used properly. Employers should not wait till october and they should get people when they require. If most of the H1b quota is used by bodyshoppers where will top US companies get?

    How do you find H1 quota to be "unlimited"? And how is this bill going to prevent "unlimited numbers" that did not exist in the first place? I thought S.2611 and HR1645 propose to increase H1 quota to 115K, from the existing 65K H1b/yr. Does this increase make H1 quota "unlimited". I am ignorant about it, could you please help me understand.



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  • soni7007
    08-06 03:23 PM
    Send a PM to soni and ask, he/she gave me one.

    Dear NKR, I am a "she" I did not give u a red dot..You are hilarious:)





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  • Macaca
    05-14 06:24 PM
    An Increasing Population is a Good Thing. So is Immigration. (http://www.spectator.co.uk/alexmassie/6941654/an-increasing-population-is-a-good-thing-so-is-immigration.thtml) By ALEX MASSIEFRIDAY | Spectator

    Plenty of folk seem to think otherwise. Including George Bridges who has written a very curious post for the Motherblog in which he seems most perturbed by the prospect of this happy isle's population increasing. He even suggests he's not doing his bit since Mrs Bridges is expecting their third child, presumably furthering the onrushing demographic apocalypse.

    Piffle. Good for Mrs Bridges and her fecund husband. Congratulations to them. May they produce this and many more little Bridges. A rising population is a feature of a healthy society, not the beginning of the end for this sceptered land. Of course an increasing population puts pressure on any number of public facilities and services, from transport to schools to housing to hospitals. But so what? It's also a motor for future economic growth which will - hurrah! - provide for all of this. Excess capacity caused by an absence of demand is, as many a rural parish will tell you, a much more grievous problem than having too many people. There is no need for this "for we are too many" Jude the Obscure stuff. There really isn't.

    Mr Bridges concludes, darkly:

    Cameron, Theresa May and Damian Green have made a good start at controlling immigration. But that�s just a start. More needs to be done to educate the public about the challenge. We need some radical thinking about how we solve it; and we must ask ourselves whether a state that was largely constructed to cope with 50 million people can meet the challenges of 70 million people?

    Really? The logic of this position leads us to China's one-child policy. Is that really what those obsessed with population figures want to see? If not, perhaps they can tell us what the optimal UK population figure might be and how they propose to "cap" the number of people living in this country at that number?

    OK, let us suppose that, ill-advisedly, the government reduces immigration to "zero". What then? Do you, as I say, limit the number of children people may have? Or do you pay people to emigrate so the population remains beneath your arbitrarily-decided "ideal" figure? Would that be enough? Probably not! There could be back-street, clandestine babies born every day!

    Seriously, do these people think a falling population would be a good thing? Perhaps they do. Population decline is rarely the sign of a healthy society. Rarely? Never seems more probable. Factor in the reality that the existing population is increasingly elderly and it becomes clear, surely, that Britain will need more people. The alternative is fewer and fewer workers providing for more and more pensioners and, by doing so, ensuring that their own futures are bleaker than they need be. Suggesting that population growth is so very dangerous is, essentially, to demand much higher taxes on today's teenagers and their future. What's just about that?

    So it's good that Mr and Mrs Bridges are spawning again. But their efforts, no matter how heroic, will not be enough. Which is another reason why immigration is a good thing not the beginning of the end. We need more people so we can cope with the costs of an increasingly wrinkly population.

    This is the self-interested justification for more immigration (since not everyone is as selfless as the Bridges when it comes to healthy birth-rates) though of course there are many other, more altruistic and even noble grounds for welcoming a come-all-ye approach to these matters. To be born or live in Britain is to have access to opportunities and riches that are the stuff of dreams for most of the world's population. We should allow more people from other lands to have those chances.

    That will be good for them and it will be necessary - and good - for us too. Sure, there are problems and strains and pressures associated with immigration and population growth but they're not nearly so terrifying as the prospect of a geriatric and closed society working its few remaining young people to the bone with little to no regard for the future well-being of the people supporting the oldies. Those obsessed by population figures should be asked what they consider to be the ideal worker:retiree ratio.

    Again, and really it cannot be stressed enough, in the developed world a growing population is a mark of success, not failure.

    Still, if you do think there's an imminent population crisis, there is one more option available to you: compulsory euthanasia ten years after you pass the point of average life expectancy. This seems a modest enough proposal, don't you think?


    Obama�s wise investment: Making life easier for 'illegals' (http://www.theglobeandmail.com/news/opinions/opinion/obamas-wise-investment-making-life-easier-for-illegals/article2021683/) By DOUG SAUNDERS | Globe and Mail
    Obama playing games with immigration (http://www.cnn.com/2011/OPINION/05/12/navarrette.immigration.obama/index.html) By Ruben Navarrette | CNN
    Gutless politicians are broken, not the immigration system (http://washingtonexaminer.com/opinion/columnists/2011/05/gutless-politicians-are-broken-not-immigration-system) By Greg Kane | Examiner
    The Muslim-American: reclaiming my identity (http://search.japantimes.co.jp/cgi-bin/eo20110514a1.html) By ARSHAD CHOWDHURY | The Japan Times





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  • english_august
    11-11 10:50 PM
    http://www.bluelatinos.org/firelou?from=0

    I encourage IV members to go to the above website and add themselves to the list of petitioners asking CNN to fire Lou.
    Lou Dobbs has a right to speak his mind. A lot of what he says is rhetoric but it is within his rights. I wouldn't want to associate IV with any Latino related immigration movement. Their objectives, issues and means are altogether different from ours.

    We [should] care only about legal immigrants and not have even a whiff of supporting illegal immigration in any form and from any country. For a long time now, the word immigration has been expanded to mean Latino immigrants and only Wall Street Journal takes care to single out that immigration from countries like India is of a different hue (more knowledge based), than immigration from Mexico (more labor intensive).

    Bottom line, aligning ourselves with the Latino agenda is bad policy and politics and a losing proposition.





    unitednations
    08-02 12:50 PM
    Thanks UN


    245i is a good example of correct intention but poor execution.

    It caused a surge of labor filings for people who were here illegally. It allowed people who were beneficiaries of i-130's to also jump over to labor cert cases afterwards when they say nothing was happening with family petitions.

    it really caused a drain to department of labor at the state level in the heavily populated states. This is when all the drama began (companies setting up show in delaware, maine, new hampshire, south dakota).

    Just with how the laws work; different agencies; different fuding, different jurisdictions; it is difficult for the agenices to do process improvement because congress doesn't ask them if they can handle a law change. Law gets changed and the agencies don't have enough time to implement or get ready for it; and then we all crib about it.

    I know everyone is in a bit of a high right now that they can file 485's but without increasing quota or allowing more people to get approved; we will definitely see some anxiety from many people.

    Honestly; my biggest worry is the people who work at consulting companies and want to leave the first chance they get. Every time a company files a 140, h-1b; it gives a chance for uscis to go through the whole immigration history of a company. At certain points the number of 140's will be greater then the actual number of people working at the company. If they start detecting a pattern that everyone is leaving;it will look like company is set up for immigration purpose.

    California service center was just getting tough with this before they stopped doing 140's. There were a few big bodyshoppers where california service center denied the 140's and one of the reasons were that they didn't have a full time and permanent job for the person. In the decision; they went to such an extent as to going to company web-site and seeing the positions posted were at client locations for 3 to 6 months; they went to dice to see their postings, etc. and denied the cases. I think there will be an issue with this.





    waitnwatch
    05-24 12:03 PM
    Communique,

    I would like to differ on the point of keeping H1-B numbers constant. To hire a H1-B a company has to show that they didnot get a US citizen with even the minimal qualifications for that particular job. Also the salary for the job has to be certified by the Department of Labor as at least the market rate if not higher. Under this scenario why should there be this artificial and arbitrary limit. Again most of the numbers nowadays is being picked up by the consultants so if a regular company like say Caterpillar wants to hire an engineer the numbers are just not available.

    While you do make a statement supporting no change in the numbers you justify your point by pointing to salary stagnation. Can you show a direct correlation between H1B and salary stagnation. I would more likely point to outsourcing as being more relevant to salary stagnation. If companies have a hard time hiring they would be more prone to outsourcing and it is always better to have a salary stagnated job in the US than not having the job at all.

    Finally about Lou Dobbs..... I have much better use for my time than watching him. His journalism is worse than tabloid journalism though I have the suspicion that he may have an eye on joining the National Enquirer after immigration is done as he would have nothing more to say to his current audience.

    My two cents!



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