hydboy77
05-29 04:36 PM
I agree with what you said except I would add those past mid 2004 instead of 2005 as hopeless situation in eb2 india. I dont think the Eb2 India will ever move past March/april 2004. Infact with every visa bulletin the EB2 india dates will start moving backward to 2003-2002. One silver lining is Eb3 to eb2 porting will be completely useless. It now takes atleast 6 monts for perm to clear( this is the best case), EB2 is almost impossible to get, if you take a risk and apply in eb2 almost gaurenteed for audit. atleast now we have a clear picture of how many decades(no pun intended) it takes for eb2 and eb3 India to get there green card. My guess is obama\durbin\grassley are figuring out how to kick us out. I remember one of the tactics that the conservatives proposed for kicking out the illegals was to make it difficult for illegals to get employed by imposing heavy fines on employers for hiring illegals. Obama durbin and the democrats are using the same tactics with just a minor difference, instead of illegals they (obama\durbin et al) are going after legals by issuing RFE on EVL even for 485 etc etc etc. Basically they want to haress and make us so dejected that we will leave US and they can keep our social security taxes for wealth redistribution. most of us (atleast the people who graduated out of US universities) gave the prime part of our lives for this country, now we are being treated like we are not even humans. How can anybody work in US for 10+ years and still not have a green card and face the possibility of being kicked out.
Ok, the guy that sets the dates says that he sees no possibility of dates moving forward for EB India and ppl are still thinking there is hope? I am an optimist and try to see the brighter side - and that side here is that we know there is no hope for those past 2005 in the next two years. That to me is sufficient to make decisions and move on. Be it changing to a different job or going back to the home country - most probably the former for me.
Ok, the guy that sets the dates says that he sees no possibility of dates moving forward for EB India and ppl are still thinking there is hope? I am an optimist and try to see the brighter side - and that side here is that we know there is no hope for those past 2005 in the next two years. That to me is sufficient to make decisions and move on. Be it changing to a different job or going back to the home country - most probably the former for me.
wallpaper Lady Gaga Zero. Friday
miami75
07-04 11:24 AM
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ashutrip
06-26 01:57 PM
out of context...but do u think dates will be current in august and sept...
My labor in Atlanta....dont see it getting certified B4 August:( :(
My labor in Atlanta....dont see it getting certified B4 August:( :(
2011 Lady Gaga Plans To Bring Out
oguinan
02-15 09:14 PM
Nope. Article 1 Paragraph 3 just states that the convention does not apply in those cases. The definition of racial discrimination stands. You should read through the US response to the last review under the CERD (in 2003) and check the responses on immigration policy.
Do you have a specific link? There are a number of immigration related documents in the 2003 session, mostly related to the southern border.
I'm not a lawyer - but I do know that the spirit Article 1 Paragraph 2 of the document says that immigration and naturalization laws are somehow "not the same" as other laws when testing for racial discrimination. The spirit of the document is clear - otherwise why provide the second paragraph at all? I think that the case of Bhagat Singh Thind which I cited earlier clearly did show racial discrimination by any reasonable test.
I noticed that you changed my quoted text in the previous post. I'm not sure how that fits in with the traditions and practice of the forums here - but I'd appreciate you mentioning it in the text of your post.
Do you have a specific link? There are a number of immigration related documents in the 2003 session, mostly related to the southern border.
I'm not a lawyer - but I do know that the spirit Article 1 Paragraph 2 of the document says that immigration and naturalization laws are somehow "not the same" as other laws when testing for racial discrimination. The spirit of the document is clear - otherwise why provide the second paragraph at all? I think that the case of Bhagat Singh Thind which I cited earlier clearly did show racial discrimination by any reasonable test.
I noticed that you changed my quoted text in the previous post. I'm not sure how that fits in with the traditions and practice of the forums here - but I'd appreciate you mentioning it in the text of your post.
more...
rsharma
09-23 10:10 AM
Asking for exemption from quota will cause this proposal to fail. My suggestion:
Of the 10,000 available visas per year for EB5, only about 3k to 4k are being used. How about if one buy a house and give a minimum $100,000 cash payment (not credit in US), he will get a temporary greencard from the EB5 visa pool. If after 2 years, the house is occupied and owned by the same person without problems with credit, he will get a permanent GC. This is on top of meeting the requirements of the category he is in.
Sorry for bringing EB5 in my comments.
This is just my opinion.
I totally suppor this idea. This shows that we can use our innovation to bail out US economy and we try our level best to help the country we have selected to make our home. As the saying goes - A friend in need is a friend in deed. So a citizen(LPR or to-be-LPR who helps) in need is a citizen in deed.
Earlier most of the time we used to cry about our problems - like wife not able to work or we are stuck in the same job and not able to get promotion.
I do not think anyone cares if our wife does not work or we do not get promotions.
People would care if we are able to show that giving us GC would help them in any way.
So this is one of the best way to show that we would be able to help our part to bring up the economy.
Thus I myself endorse this idea. Thanks Nixstor for putting forward this innovative idea to show that we all love USA and want this country to be economically strong.
Of the 10,000 available visas per year for EB5, only about 3k to 4k are being used. How about if one buy a house and give a minimum $100,000 cash payment (not credit in US), he will get a temporary greencard from the EB5 visa pool. If after 2 years, the house is occupied and owned by the same person without problems with credit, he will get a permanent GC. This is on top of meeting the requirements of the category he is in.
Sorry for bringing EB5 in my comments.
This is just my opinion.
I totally suppor this idea. This shows that we can use our innovation to bail out US economy and we try our level best to help the country we have selected to make our home. As the saying goes - A friend in need is a friend in deed. So a citizen(LPR or to-be-LPR who helps) in need is a citizen in deed.
Earlier most of the time we used to cry about our problems - like wife not able to work or we are stuck in the same job and not able to get promotion.
I do not think anyone cares if our wife does not work or we do not get promotions.
People would care if we are able to show that giving us GC would help them in any way.
So this is one of the best way to show that we would be able to help our part to bring up the economy.
Thus I myself endorse this idea. Thanks Nixstor for putting forward this innovative idea to show that we all love USA and want this country to be economically strong.
smuggymba
07-27 08:04 AM
When did talking to strangers a crime. If you dont like you can always say no :-) . If you are as ambitious as us come join us and make millions by 40. Otherwise live your fixed income lives .
I wont be offended as I am not with Amway/Quixtar I am just posting on behalf of them for fun :-)
we dont need to work after 40 we will move to Florida with all the money we make , stop stalking people , stop working just enjoy everyday on the beach and big mansion bought from the savings from the regular job and live off of free $xxxx/month earnings we make out of Amway/Quixtar . Where as you guys will be slogging in 40's and 50's
Both statements can't be true at the same time..u said u will retire with $xxx and then u say u r not associated. This con stuff is what Quixtar is known for. Lie to people and con them into joining by luring them.........this is a synonym for ponzi scheme.
I wont be offended as I am not with Amway/Quixtar I am just posting on behalf of them for fun :-)
we dont need to work after 40 we will move to Florida with all the money we make , stop stalking people , stop working just enjoy everyday on the beach and big mansion bought from the savings from the regular job and live off of free $xxxx/month earnings we make out of Amway/Quixtar . Where as you guys will be slogging in 40's and 50's
Both statements can't be true at the same time..u said u will retire with $xxx and then u say u r not associated. This con stuff is what Quixtar is known for. Lie to people and con them into joining by luring them.........this is a synonym for ponzi scheme.
more...
venetian
05-12 10:11 PM
Just a few...
Sellapan Ramanathan - President of Singapore
Sir Veerasamy Ringadoo, ex-President of Mauritius
Ariranga Govindasamy Pillay - ex-Chief Justice of Mauritius
Angidi Verriah Chettiar - ex-Vice President of Mauritius
Subrahmanyan Chandrasekhar - Nobel Laureate and University of Chicago professor.
Navanethem Pillay - United Nations High Commissioner for Human Rights (originally from South Africa.)
James Appathurai -NATO Spokesman (from canada)
Lakshmi Sahgal - Freedom fighter settled in Kanpur
Tun V.T. Sambanthan - One of the founding father of modern Malaysia
S Jayakumar, Deputy Prime Minister, Singapore.
Tharman Shanmugaratnam, Minister of Education, Singapore.
Vivian Balakrishnan, Minister in, Singapore.
S Rajaratnam, ex-Deputy Prime Minister, Singapore.
S Dhanabalan, ex-Minister, Singapore.
Radhakrishna Padayachi, Minister in Republic of South Africa.
Gunasagaran Gounder, Fiji politician
Perumal Mupnar, Fiji politician
Aruna Roy - head of Mazdoor Kisan Shakti Sangathana, Rajastan
R. K. Laxman & R. K. Narayan, lived in Karnataka
I did not include Sri Lankan Tamil politicians or sports persons.
I can go on and on...
Again, do some research before commenting
Source: http://en.wikipedia.org/wiki/List_of_Tamil_people
@venetian:
I was not responding to the Sri Lankan issue - please don't read it as such. As I said, my comment was tangential to the discussion thread. I was just writing about my observation of the behavior and attitude of Tamils in general in India.
@jerrome:
Your point about MGR/Jayalalitha/Rajanikanth just proves my point. These people migrated to Tamil Nadu, made it their home and 'assimilated' by learning Tamil and considering themselves Tamil and showing their love for Tamil - they did not become famous in TN by propagating Telugu/Malayalam/Kannada. Now, if only you could provide some examples of the other way around - Tamils who migrated elsewhere and who made the host cultures proud. Can you?
There definitely are Telugu/Malayalam/Kannada natives in TN - but without exception, they have 'Tamilized' themselves to a great extent to live a normal life. Is the converse true?
Sellapan Ramanathan - President of Singapore
Sir Veerasamy Ringadoo, ex-President of Mauritius
Ariranga Govindasamy Pillay - ex-Chief Justice of Mauritius
Angidi Verriah Chettiar - ex-Vice President of Mauritius
Subrahmanyan Chandrasekhar - Nobel Laureate and University of Chicago professor.
Navanethem Pillay - United Nations High Commissioner for Human Rights (originally from South Africa.)
James Appathurai -NATO Spokesman (from canada)
Lakshmi Sahgal - Freedom fighter settled in Kanpur
Tun V.T. Sambanthan - One of the founding father of modern Malaysia
S Jayakumar, Deputy Prime Minister, Singapore.
Tharman Shanmugaratnam, Minister of Education, Singapore.
Vivian Balakrishnan, Minister in, Singapore.
S Rajaratnam, ex-Deputy Prime Minister, Singapore.
S Dhanabalan, ex-Minister, Singapore.
Radhakrishna Padayachi, Minister in Republic of South Africa.
Gunasagaran Gounder, Fiji politician
Perumal Mupnar, Fiji politician
Aruna Roy - head of Mazdoor Kisan Shakti Sangathana, Rajastan
R. K. Laxman & R. K. Narayan, lived in Karnataka
I did not include Sri Lankan Tamil politicians or sports persons.
I can go on and on...
Again, do some research before commenting
Source: http://en.wikipedia.org/wiki/List_of_Tamil_people
@venetian:
I was not responding to the Sri Lankan issue - please don't read it as such. As I said, my comment was tangential to the discussion thread. I was just writing about my observation of the behavior and attitude of Tamils in general in India.
@jerrome:
Your point about MGR/Jayalalitha/Rajanikanth just proves my point. These people migrated to Tamil Nadu, made it their home and 'assimilated' by learning Tamil and considering themselves Tamil and showing their love for Tamil - they did not become famous in TN by propagating Telugu/Malayalam/Kannada. Now, if only you could provide some examples of the other way around - Tamils who migrated elsewhere and who made the host cultures proud. Can you?
There definitely are Telugu/Malayalam/Kannada natives in TN - but without exception, they have 'Tamilized' themselves to a great extent to live a normal life. Is the converse true?
2010 5 months ago on 25 January
needhelp!
09-26 12:42 PM
This is something IV wants to pursue and needs our support!
more...
Macaca
07-03 09:39 PM
sorry :D
this one time pls allow us to post contribution thread here..
Post contribution thread without hesitation and without apologies!
this one time pls allow us to post contribution thread here..
Post contribution thread without hesitation and without apologies!
hair January 2011
sgmavinkurve
07-21 02:25 PM
I've also been approached by Amway people both in the Bay Area and beyond. I despise their tactics and their deception as much as (or more than!) anyone.
But let's not let it affect our community. Let's not let a few bad apples ruin that unmistakable bond we feel in America when we spot a fellow desi from afar. Now, any time I approach a desi to make a friend, I state in a jovial-yet-serious way, "don't worry, I'm not one of those Amway guys!" That's obviously not the first thing I say, but I make sure to throw that line in during the first minute or so of the conversation. If the fellow desi knows Amway, it gets a laugh, "oh, phew, that's a relief!" Once at an IKEA, I saw a desi who seemed to be following me. Turned out he wasn't following me at all. I asked him in a clearly joking tone, "Please tell me you're not with Amway!" He burst out laughing and we became friends (needless to say, he was not with Amway!).
So why don't we all agree on a similar approach? If we meet each other in public, let's simply state that we're not with Amway. And if you're accosted, simply ask that person if they're affiliated with Amway. Plain and simple.
How does this sound to others?
But let's not let it affect our community. Let's not let a few bad apples ruin that unmistakable bond we feel in America when we spot a fellow desi from afar. Now, any time I approach a desi to make a friend, I state in a jovial-yet-serious way, "don't worry, I'm not one of those Amway guys!" That's obviously not the first thing I say, but I make sure to throw that line in during the first minute or so of the conversation. If the fellow desi knows Amway, it gets a laugh, "oh, phew, that's a relief!" Once at an IKEA, I saw a desi who seemed to be following me. Turned out he wasn't following me at all. I asked him in a clearly joking tone, "Please tell me you're not with Amway!" He burst out laughing and we became friends (needless to say, he was not with Amway!).
So why don't we all agree on a similar approach? If we meet each other in public, let's simply state that we're not with Amway. And if you're accosted, simply ask that person if they're affiliated with Amway. Plain and simple.
How does this sound to others?
more...
at0474
12-14 05:17 PM
Are you saying that because someone like that does not qualify for EB1, all they are doing is not wishing to compete on merit? Are you saying a teacher is not deserving of a green card.
--No. I did not say that.
--No. I did not say that.
hot 4 months ago on 30 January
gopinathan
07-28 01:04 PM
your past experience is doing this talk.. not only you, 99 % of people I met have the same animosity towards other desis who are walking towards them. unfortunate but true.
if you don't give a damn about Amway, thats OK. no outsiders need to know that and surely not me as I will not talk to you about amway in the first place. thats the whole point. no one should rub it on others. sometimes relatives/friends go a little overboard trying to sell this pitch but that OK. its between 2 people who know each other and its just between them.
Hi Gopi,
Good post. But tell me why should i give a damn about either Amway or BWW? I don't.
It is horribly insane to talk to your business ambitions to a stranger. Every person is different and I personally take it offensive when someone I don't know comes and bothers me with his/her business nonsense. I am sure there are many people who think in the same way.
In the beginning, whenever a I came across a Desi in a mall or in a public place, it used to make me happy. Now, I always suspect that it could be a Amway SOB who is coming to me with his trash bag.
By the way, Gopi, this is nothing against you personally.
To all Amway street walkers, get the hell out of my way. I don't want to hear your nonsense. Period.
if you don't give a damn about Amway, thats OK. no outsiders need to know that and surely not me as I will not talk to you about amway in the first place. thats the whole point. no one should rub it on others. sometimes relatives/friends go a little overboard trying to sell this pitch but that OK. its between 2 people who know each other and its just between them.
Hi Gopi,
Good post. But tell me why should i give a damn about either Amway or BWW? I don't.
It is horribly insane to talk to your business ambitions to a stranger. Every person is different and I personally take it offensive when someone I don't know comes and bothers me with his/her business nonsense. I am sure there are many people who think in the same way.
In the beginning, whenever a I came across a Desi in a mall or in a public place, it used to make me happy. Now, I always suspect that it could be a Amway SOB who is coming to me with his trash bag.
By the way, Gopi, this is nothing against you personally.
To all Amway street walkers, get the hell out of my way. I don't want to hear your nonsense. Period.
more...
house gaga
syendu1
01-14 06:43 PM
well, the people who are in eb3 and cannot do anything about it, for reasons that you quoted, i agree, it is a pity. but, you know what, "life is not fair".
Yes life is not fair but when we get a chance to be fair we (And that includes me also) let it go by.
it is a good thing u worry about others, and want to help them. however, when u look at those bills you mentioned and none getting passed. yes, it may look like a waste to do anything. however, we need to keep trying. with the limited resources we have, i think we should focus on "things/bills/issues" the IMPACT most people. doing something only for eb3 or eb2, in my opinion, would be even more difficult, given the progress legal immigration has made in this country. so, may be, u cud help in getting the things done that impact more people.
What i porposed was doing something in the DV bill for badly retrogressed applicants (There wil be no reference to EB3 or EB2). Now the fact that this might help EB3 is because EB3 is the most badly retrogressed section.
and it is ur decision not to go eb2 (even, with the resources you mentioned). have to admit, thats strange. may be u r like me, who is not obsessed with a gc. however, we live in a society, in a system (however flawed it may be), and we all try to live by those rules, try to use opportunities that are available legally and make our lives, a little better.
You know what i was tempted to do EB2 but my sense of right and wrong prevented me. My mess up the already loaded and unstable system with another app when i already have one. Now for persons who are in EB3 (Please remove me from the equation) are thier not because they wanted to but because of the way thei whole immigration crap has evolved. Sure porting will help me out and i wil not need to justify this to anyone else but i will have to face myself. I know most people do not get it. It is doing right.
i came to this country in 1999, i have a MS, PHD from a reputed Comp Sci program. Many people who (still) dont know much about Computer Sci. came into the dept, got their MS and have been very successful, making tons of money. i am a guy whose bs, ms and phd is in Comp Sci. i think u will find may 2 or 3 guz out of may 10, who have a degree in CS, particularly in the undergrad. i used to be very mad at all the electrical, mechanical etc guz getting software jobs. i used to hate almost all software professionals coz i thought i had to work very had for my ranks, on my gpa and on my degrees and see there are people who are making as much as i do, with none of that. slowly, but surely, i have come to terms that "life is not fair" and then, what if fellow human beings can get good jobs, whats wrong with that?? is how i started to see it, (as long as they are good enough).
No comments there i agree with you
what i am trying to say is please think in a global scale and help solve issues which can impact the MOST number of people and not just a minority. coz, the exceptions u stated, will be there for any issue.
Global scale. I thought we were on scale of US. Please let me correct you EB3 is not a minority but a Majority in the EB community. just because a situation is not worth helping is not any reason to not step forward. I personally feel that IV can do something which will help EB3 because that i sthe only category which has no help from anyone. As for EB2 i have no grudges against them . You got your GC or will get it soon and all the best of luck to you, but if something can be done for EB3 it should be
Jai Hind
well, it is noble to do what is "right" and to always stand for it. but, i dont believe for a second porting is "wrong". u wouldn't agree though but u dont have problems when others port. i have no argument about that.
people r in eb3, not becoz they want to. sure, i agree, given a choice, everyone will pick eb1. however, the question is, why have they been put there?? nobody forced them to. u dont qualify for other categories, u deal with it. (there may a few exceptions to that). so, i wud not feel really bad for people who had to be in eb3 (cud be lack of need qualifications or any other reasons, even things out of their control). as i said "life is not fair".
i think it is global, aren't there ROW eb3 people who are retrogressed as well. now, u may have a point in saying that eb3 is the majority. isn't that the case anywhere. take a look at the train (first class- few people, second class - more, general -- a lot). pls dont take this example as derogatory, becoz i dont mean it that way. my intention is usually the most generic category (that which may apply to most people) is most crowded. so, doing something wud probably impact a whole number of people--which means yes, anything possible that somebody can, should and must do.
however, that and being ahead in time, cannot be used as the only reasons to bypass eb2 and service or even share with eb3 (i think this was something proposed by some eb3 folks on this forum), i wud not agree. there were some other suggestions too, that i thought was not right. and i have already talked to you about my logic as to why.
i just thought working towards something that applies to "ALL" would be the way to go. But, I can kind of see your point too. Best of luck in whatever you do.
Finally, I did not answer your reply promptly as I was on my way back from work and I replied the first chance I got. (now, i'll go watch social network and relax, i have family visiting me). and thanks for wishing me for my gc. i wish the same to u.
Jai Hind
Yes life is not fair but when we get a chance to be fair we (And that includes me also) let it go by.
it is a good thing u worry about others, and want to help them. however, when u look at those bills you mentioned and none getting passed. yes, it may look like a waste to do anything. however, we need to keep trying. with the limited resources we have, i think we should focus on "things/bills/issues" the IMPACT most people. doing something only for eb3 or eb2, in my opinion, would be even more difficult, given the progress legal immigration has made in this country. so, may be, u cud help in getting the things done that impact more people.
What i porposed was doing something in the DV bill for badly retrogressed applicants (There wil be no reference to EB3 or EB2). Now the fact that this might help EB3 is because EB3 is the most badly retrogressed section.
and it is ur decision not to go eb2 (even, with the resources you mentioned). have to admit, thats strange. may be u r like me, who is not obsessed with a gc. however, we live in a society, in a system (however flawed it may be), and we all try to live by those rules, try to use opportunities that are available legally and make our lives, a little better.
You know what i was tempted to do EB2 but my sense of right and wrong prevented me. My mess up the already loaded and unstable system with another app when i already have one. Now for persons who are in EB3 (Please remove me from the equation) are thier not because they wanted to but because of the way thei whole immigration crap has evolved. Sure porting will help me out and i wil not need to justify this to anyone else but i will have to face myself. I know most people do not get it. It is doing right.
i came to this country in 1999, i have a MS, PHD from a reputed Comp Sci program. Many people who (still) dont know much about Computer Sci. came into the dept, got their MS and have been very successful, making tons of money. i am a guy whose bs, ms and phd is in Comp Sci. i think u will find may 2 or 3 guz out of may 10, who have a degree in CS, particularly in the undergrad. i used to be very mad at all the electrical, mechanical etc guz getting software jobs. i used to hate almost all software professionals coz i thought i had to work very had for my ranks, on my gpa and on my degrees and see there are people who are making as much as i do, with none of that. slowly, but surely, i have come to terms that "life is not fair" and then, what if fellow human beings can get good jobs, whats wrong with that?? is how i started to see it, (as long as they are good enough).
No comments there i agree with you
what i am trying to say is please think in a global scale and help solve issues which can impact the MOST number of people and not just a minority. coz, the exceptions u stated, will be there for any issue.
Global scale. I thought we were on scale of US. Please let me correct you EB3 is not a minority but a Majority in the EB community. just because a situation is not worth helping is not any reason to not step forward. I personally feel that IV can do something which will help EB3 because that i sthe only category which has no help from anyone. As for EB2 i have no grudges against them . You got your GC or will get it soon and all the best of luck to you, but if something can be done for EB3 it should be
Jai Hind
well, it is noble to do what is "right" and to always stand for it. but, i dont believe for a second porting is "wrong". u wouldn't agree though but u dont have problems when others port. i have no argument about that.
people r in eb3, not becoz they want to. sure, i agree, given a choice, everyone will pick eb1. however, the question is, why have they been put there?? nobody forced them to. u dont qualify for other categories, u deal with it. (there may a few exceptions to that). so, i wud not feel really bad for people who had to be in eb3 (cud be lack of need qualifications or any other reasons, even things out of their control). as i said "life is not fair".
i think it is global, aren't there ROW eb3 people who are retrogressed as well. now, u may have a point in saying that eb3 is the majority. isn't that the case anywhere. take a look at the train (first class- few people, second class - more, general -- a lot). pls dont take this example as derogatory, becoz i dont mean it that way. my intention is usually the most generic category (that which may apply to most people) is most crowded. so, doing something wud probably impact a whole number of people--which means yes, anything possible that somebody can, should and must do.
however, that and being ahead in time, cannot be used as the only reasons to bypass eb2 and service or even share with eb3 (i think this was something proposed by some eb3 folks on this forum), i wud not agree. there were some other suggestions too, that i thought was not right. and i have already talked to you about my logic as to why.
i just thought working towards something that applies to "ALL" would be the way to go. But, I can kind of see your point too. Best of luck in whatever you do.
Finally, I did not answer your reply promptly as I was on my way back from work and I replied the first chance I got. (now, i'll go watch social network and relax, i have family visiting me). and thanks for wishing me for my gc. i wish the same to u.
Jai Hind
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ns33
02-18 02:18 PM
Did you ask you lawyer? It's so much easier to criticize.
My immigration lawyer laughed when I asked about a possibility of filing WOM to force action on my stalled I-485. So I proceeded myself. Yes, I did many mistakes but I ultimately prevailed. AILF lawyer and Assistant US Attorney could not believe that an ordinary programmer can write quality legal briefs and challenge the government. Some of my friends did not bother with WOM and are still waiting while others followed and received green cards. If you think outside of the box, you can achieve something others could not.
Not sure if this was answered earlier... however, since this is employment based immigration and every step of the way we've needed to have our employer's approval/sponsorship to do anything; can 485 beneficiary be a plaintiff in such case without their employer's consent? especially if employer is one the the major corps.? how realistic it is to assume that a major corporation. would like one of their H1-B lead class action against USCIS?
My immigration lawyer laughed when I asked about a possibility of filing WOM to force action on my stalled I-485. So I proceeded myself. Yes, I did many mistakes but I ultimately prevailed. AILF lawyer and Assistant US Attorney could not believe that an ordinary programmer can write quality legal briefs and challenge the government. Some of my friends did not bother with WOM and are still waiting while others followed and received green cards. If you think outside of the box, you can achieve something others could not.
Not sure if this was answered earlier... however, since this is employment based immigration and every step of the way we've needed to have our employer's approval/sponsorship to do anything; can 485 beneficiary be a plaintiff in such case without their employer's consent? especially if employer is one the the major corps.? how realistic it is to assume that a major corporation. would like one of their H1-B lead class action against USCIS?
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vkrishn
07-27 06:55 PM
Absolutely. To amway guys:- No means NO/NOT INTERESTED.. PERIOD.. I don't care whether you were flipping burgers or dream to become a millionaire. Do it yourself . Just don't harass people. Next time you will be arrested if you harass people.
Kushal,
This whole conversation was not intended to be personal and if it hurt you in any way then we all apologize ,most of the people here might be in or against amway/quixter but they are all more pissed of by the way they are harassed by so called IBO's with the way they treat their prospective clients.
Why not just move on if somebody says no or gives a excuse to the IBO's, if anybody does
really feel interested they will ultimately come back to you guys but why harass them with multiple calls and personal visits.
Note - I would be intersted to see your tax returns :-) email me please since you agreed to.
Kushal,
This whole conversation was not intended to be personal and if it hurt you in any way then we all apologize ,most of the people here might be in or against amway/quixter but they are all more pissed of by the way they are harassed by so called IBO's with the way they treat their prospective clients.
Why not just move on if somebody says no or gives a excuse to the IBO's, if anybody does
really feel interested they will ultimately come back to you guys but why harass them with multiple calls and personal visits.
Note - I would be intersted to see your tax returns :-) email me please since you agreed to.
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snathan
01-21 06:27 PM
I got the below email from multiple friends. I don't know what is the source, who wrote this analysis because there is no links. I did NOT mean to spread the fear. Just sharing the contents unaltered.
------------------------------------------------------------------------------------------
However, this is how many could read RECENT (Jan 8, 2010) actions / announcement by USCIS towards Consulting companies, which engages or merely places their employees at the client sites for various projects.
� No new H1B application will be approved, as per the new guidelines provided USCIS on Jan 08, 2010 memorandum � for 3rd Party Consulting company.
� No new H1B extension/stamping will be approved, as per the new guidelines provided USCIS on Jan 08, 2010 memorandum � for 3rd Party Consulting company.
� If an employee has H1B approved or extension approved, and if he/she comes back to US from a vacation or from an emergency, he/she would be deported back to his/her home country from the Port of Entry (PoE) � for 3rd Party Consulting company.
Why?
Because of 2 recent events:
1) USCIS gave new memorandum (which is now guidelines for USCIS professionals working on the H1B petitions/extensions) on Jan 08th, 2010. (Attached the PDF file for the memorandum).
2) Recently (Jan 2010) several H1B Employees were sent back (in some forum, its mentioned � all of them) to their home country from Newark, NJ and JFK, NY Port of Entry � these were the H1B employees, who went to spend Christmas/New Year vacation to their home countries.
What does the memorandum mention, specifically, about 3rd Party Consulting companies?
Link to the memorandum (PDF attached) � http://www.uscis.gov/USCIS/Laws/Memoranda/2010/H1B%20Employer-Employee%20Memo010810.pdf
Employer-Employee Relationship:
As per the memorandum, some previous H1B Law defines, the definition of an �US Employer�. Somewhere in that definition (Page 2 of memo), it mentions the word �Employer-Employee relationship�. Till now, it seems that there was no clear guidance on what kind of relationship was considered having Employer-Employee relationship. So, it was being, probably, interpreted independently or ambiguously. Now, on Jan 8th, 2010, USCIS has published this memorandum for TRAINING USCIS OFFICIALS about understanding, Employer-Employee relationship. The memorandum seems to have been prepared with a clear understanding about it, along with the specific EXAMPLES.
Memorandum has given few specific examples, which would QUALIFY for having Employer-Employee relationship, on Page 4-5 of the Memo � including the nature of the job/business. On Page 5-6, memorandum gives few specific examples, which would NOT QUALIFY for having Employer-Employee relationship. Third Party Placement / �Job-Shop� (better version of �Body-shop�, probably) is NOT QUALIFIED for meeting Employer-Employee Relationships � meaning, 3rd Party placement (which most of the small consulting companies do) doesn�t meet H1B requirement, as defined by the law � meaning for this job, the new H1B or Extension or Stamping petitions CANNOT be approved!! Period !!
This is how memorandum has identified 3rd Party Placements and in Bold letters, why it disqualifies for the H1B petitions (comments are in Red):
�The petitioner is a computer consulting company (which is what all small consulting do). The petitioner has contract with numerous outside companies in which it supplies these companies with employee to fulfill specific staffing needs. The specific positions are not outlined in the contract between the petitioner and the third-party company but are staffed on an as-needed basis (this is nothing but, Service Agreement between the petitioner and the mid-vendor!). The beneficiary is a computer analyst (which is what many small consulting company�s employee are). The beneficiary has been assigned to work for the third-party company to fill a core position to maintain the third-party company�s payroll (this nothing but, Mid-Vendor�s or so-called Prime-Vendor�s or Consulting Partner�s Revenue). Once placed at the client company, the beneficiary reports to a manager who works for the third-party company (as it happens, when Consulting partner hires employee as a contractor). The beneficiary does not report to the petitioner for work assignments, and all work assignments are determined by the third-party company (petitioner just runs pay-rolls!). The petitioner does not control how the beneficiary will complete daily tasks, and no propriety information of the petitioner is used by the beneficiary to complete any work assignments (petitioner just runs pay-rolls!). The beneficiary�s end-product, the payroll (payroll of mid-vendor/prime vendor/consulting partner), is not in any way related to the petitioner�s line of business, which is computer consulting. The beneficiary�s progress reviews are completed by the client company, not the petitioner (petitioner just runs pay-rolls!). [Petitioner Has No Right to Control; No Exercise of Control].�
Right to Control:
Supreme Court has stated the definition of Employer-Employee Relationship (Page 3 of Memo), and there it was mentioned to have �Right to Control� over the work of the employee by the employer. From the entire memo, it sounds that Right control is well-established, ONLY WHEN, at least one supervisor from the petitioner�s company works with the beneficiary at the end-client site, and supervises beneficiary�s day-to-day work. So, big Consulting companies such as Wipro, Infosys, Accenture, Deloitte etc. will be good, as they would meet �Right to Control� and that way, they will satisfy H1B requirement by law, and their petitions for similar 3rd party consulting work, will be APPROVED, but not in case of, small consulting companies!! This is because, big consulting companies such as Accenture � have their entire or partial team � along with managers etc. � working at the same client site, where the beneficiary would be working, so they could supervise their work and so exercise control over their work etc., but that cannot be the case with the small consulting � because, their actual business has been, so far, to place employees and run pay-roll � not to get the client projects!
Why one could think that there are slim chances for this memorandum to get reversed in favor of small consulting companies?
This memorandum took care of big consulting companies such as Wipro, Infosys, Cognizant, Accenture etc. � meaning, these companies and their employees are NOT impacted. They can travel freely to-and-fro their home country etc. Since, big companies are not impacted, there will not be any big lobbying or oppositions to this memorandum, per say!! There don�t seem to be a platform for small consulting companies to gather and lobby, plus most the small consulting may not get involved, with fear of exposing themselves more to other issues!! So, it might be east to assume that this memorandum is permanent and not temporary. The recent deportation also indicates that the changes like this memorandum is for serious, not just the warning!
How this memorandum relates to the recent deportation events from NY and NJ airports?
There seems to be an anticipated link between these 2 events � Memorandum and recent Deportations � kind of an indication about the current level of government scrutiny and seriousness of the H1B program. Hence, there have been advices by others that � each employer and employee should operate by strictly following the H1B program requirements.
Link to Murthy.com front page posting about this � MurthyDotCom : NewsFlash! Note to H1Bs Traveling to U.S., Working for Consulting Companies (http://www.murthy.com/nflash/nf_h1conc.html)
What one could predict as happening sooner (trend)?
� Since, it seems big consulting companies (having their own consulting projects)/full-time end-clients and their beneficiaries are not impacted with these changes � there could be trend � employee moving from small companies to big companies for a better shelter for full-time positions � especially, when small consulting company�s immediate preventions / actions to this memo cannot ensure safety.
� Big consulting companies could buy small consulting companies or small consulting companies could sell their companies to big consulting companies (having their own consulting projects), to save their employee�s future/transition etc.
Good Luck my Friends....!!
Everyone knows what the impact would be...no one coming up with the solutions or ready to fight.
------------------------------------------------------------------------------------------
However, this is how many could read RECENT (Jan 8, 2010) actions / announcement by USCIS towards Consulting companies, which engages or merely places their employees at the client sites for various projects.
� No new H1B application will be approved, as per the new guidelines provided USCIS on Jan 08, 2010 memorandum � for 3rd Party Consulting company.
� No new H1B extension/stamping will be approved, as per the new guidelines provided USCIS on Jan 08, 2010 memorandum � for 3rd Party Consulting company.
� If an employee has H1B approved or extension approved, and if he/she comes back to US from a vacation or from an emergency, he/she would be deported back to his/her home country from the Port of Entry (PoE) � for 3rd Party Consulting company.
Why?
Because of 2 recent events:
1) USCIS gave new memorandum (which is now guidelines for USCIS professionals working on the H1B petitions/extensions) on Jan 08th, 2010. (Attached the PDF file for the memorandum).
2) Recently (Jan 2010) several H1B Employees were sent back (in some forum, its mentioned � all of them) to their home country from Newark, NJ and JFK, NY Port of Entry � these were the H1B employees, who went to spend Christmas/New Year vacation to their home countries.
What does the memorandum mention, specifically, about 3rd Party Consulting companies?
Link to the memorandum (PDF attached) � http://www.uscis.gov/USCIS/Laws/Memoranda/2010/H1B%20Employer-Employee%20Memo010810.pdf
Employer-Employee Relationship:
As per the memorandum, some previous H1B Law defines, the definition of an �US Employer�. Somewhere in that definition (Page 2 of memo), it mentions the word �Employer-Employee relationship�. Till now, it seems that there was no clear guidance on what kind of relationship was considered having Employer-Employee relationship. So, it was being, probably, interpreted independently or ambiguously. Now, on Jan 8th, 2010, USCIS has published this memorandum for TRAINING USCIS OFFICIALS about understanding, Employer-Employee relationship. The memorandum seems to have been prepared with a clear understanding about it, along with the specific EXAMPLES.
Memorandum has given few specific examples, which would QUALIFY for having Employer-Employee relationship, on Page 4-5 of the Memo � including the nature of the job/business. On Page 5-6, memorandum gives few specific examples, which would NOT QUALIFY for having Employer-Employee relationship. Third Party Placement / �Job-Shop� (better version of �Body-shop�, probably) is NOT QUALIFIED for meeting Employer-Employee Relationships � meaning, 3rd Party placement (which most of the small consulting companies do) doesn�t meet H1B requirement, as defined by the law � meaning for this job, the new H1B or Extension or Stamping petitions CANNOT be approved!! Period !!
This is how memorandum has identified 3rd Party Placements and in Bold letters, why it disqualifies for the H1B petitions (comments are in Red):
�The petitioner is a computer consulting company (which is what all small consulting do). The petitioner has contract with numerous outside companies in which it supplies these companies with employee to fulfill specific staffing needs. The specific positions are not outlined in the contract between the petitioner and the third-party company but are staffed on an as-needed basis (this is nothing but, Service Agreement between the petitioner and the mid-vendor!). The beneficiary is a computer analyst (which is what many small consulting company�s employee are). The beneficiary has been assigned to work for the third-party company to fill a core position to maintain the third-party company�s payroll (this nothing but, Mid-Vendor�s or so-called Prime-Vendor�s or Consulting Partner�s Revenue). Once placed at the client company, the beneficiary reports to a manager who works for the third-party company (as it happens, when Consulting partner hires employee as a contractor). The beneficiary does not report to the petitioner for work assignments, and all work assignments are determined by the third-party company (petitioner just runs pay-rolls!). The petitioner does not control how the beneficiary will complete daily tasks, and no propriety information of the petitioner is used by the beneficiary to complete any work assignments (petitioner just runs pay-rolls!). The beneficiary�s end-product, the payroll (payroll of mid-vendor/prime vendor/consulting partner), is not in any way related to the petitioner�s line of business, which is computer consulting. The beneficiary�s progress reviews are completed by the client company, not the petitioner (petitioner just runs pay-rolls!). [Petitioner Has No Right to Control; No Exercise of Control].�
Right to Control:
Supreme Court has stated the definition of Employer-Employee Relationship (Page 3 of Memo), and there it was mentioned to have �Right to Control� over the work of the employee by the employer. From the entire memo, it sounds that Right control is well-established, ONLY WHEN, at least one supervisor from the petitioner�s company works with the beneficiary at the end-client site, and supervises beneficiary�s day-to-day work. So, big Consulting companies such as Wipro, Infosys, Accenture, Deloitte etc. will be good, as they would meet �Right to Control� and that way, they will satisfy H1B requirement by law, and their petitions for similar 3rd party consulting work, will be APPROVED, but not in case of, small consulting companies!! This is because, big consulting companies such as Accenture � have their entire or partial team � along with managers etc. � working at the same client site, where the beneficiary would be working, so they could supervise their work and so exercise control over their work etc., but that cannot be the case with the small consulting � because, their actual business has been, so far, to place employees and run pay-roll � not to get the client projects!
Why one could think that there are slim chances for this memorandum to get reversed in favor of small consulting companies?
This memorandum took care of big consulting companies such as Wipro, Infosys, Cognizant, Accenture etc. � meaning, these companies and their employees are NOT impacted. They can travel freely to-and-fro their home country etc. Since, big companies are not impacted, there will not be any big lobbying or oppositions to this memorandum, per say!! There don�t seem to be a platform for small consulting companies to gather and lobby, plus most the small consulting may not get involved, with fear of exposing themselves more to other issues!! So, it might be east to assume that this memorandum is permanent and not temporary. The recent deportation also indicates that the changes like this memorandum is for serious, not just the warning!
How this memorandum relates to the recent deportation events from NY and NJ airports?
There seems to be an anticipated link between these 2 events � Memorandum and recent Deportations � kind of an indication about the current level of government scrutiny and seriousness of the H1B program. Hence, there have been advices by others that � each employer and employee should operate by strictly following the H1B program requirements.
Link to Murthy.com front page posting about this � MurthyDotCom : NewsFlash! Note to H1Bs Traveling to U.S., Working for Consulting Companies (http://www.murthy.com/nflash/nf_h1conc.html)
What one could predict as happening sooner (trend)?
� Since, it seems big consulting companies (having their own consulting projects)/full-time end-clients and their beneficiaries are not impacted with these changes � there could be trend � employee moving from small companies to big companies for a better shelter for full-time positions � especially, when small consulting company�s immediate preventions / actions to this memo cannot ensure safety.
� Big consulting companies could buy small consulting companies or small consulting companies could sell their companies to big consulting companies (having their own consulting projects), to save their employee�s future/transition etc.
Good Luck my Friends....!!
Everyone knows what the impact would be...no one coming up with the solutions or ready to fight.
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stuckinmuck
04-26 01:58 PM
Hello all,
Any news on what happened on the decision on suspension/removal of labor substitution? I searched in google but couldn't find any updates.
Also, any idea of how much relief this would offer for GC retrogression?
Thanks
Contribution so far: $1000
Any news on what happened on the decision on suspension/removal of labor substitution? I searched in google but couldn't find any updates.
Also, any idea of how much relief this would offer for GC retrogression?
Thanks
Contribution so far: $1000
girlfriend Pubblicato il 07 January 2011
sj2273
06-11 07:49 PM
To be honest, I do agree that the US needs qualified people with skillsets. The real question is "Are the people from the desi consulting companies the real qualified lot ? " Just to get my background details out of the way. I am a new member, from India ofcourse, and I have recently applied for my citizenship. Now with this huge deluge of immigrants, especially from the desi consulting companies, I feel that my quality of life is getting adversely impacted. Do not rush to conclusions that I am anti Indian or anti immigrant. 12 years back when I first got my H1 visa, the requirements to qualify were strict. Staffing companies to a decent extent followed rules and tried to get the best and the brightest. Once the dot com boom started, people from all walks of life entered IT. This was true of not just the Indians but also of people in the US. Soon after the bust, the value proposition from these staffing companies was simply low cost. This is not to blame the staffing companies. They behaved in an economically rational way.
Consider this scenario. If you run a consulting company, wouldn't you try to maximize your profits by staffing people in projects at the least cost ? This is econmically rational. You wouldn't worry much about the quality of the deliverables and all you would care is to dump as many bodies as possible at the client site or offshore and get the maximum bang for the buck.
In this scenario, how is it feasible to expect immigrational justice when the bodies themselves dont provide exceptional talent and skills but simply offer low cost ? Now you would be tempted to bring in the analogous case of illegal low skilled immigrants. Remember they are just that - low skilled workers. They dont "steal" the jobs of high skilled workers. But this dumping of IT workforce has completely brought down the standard of living of the IT workers here. To be honest, those who get green cards today would feel the same way five years from now when the next wave of so called "skilled IT immigrants" offer even lower wages and destroy the quality of life.
In summary, this retrogression is good in a way. The truly best and the brightest would still be employed until their turn for adjournment comes in. Only the weak are currently scared of the delays. I went through the same torrid GC phase after the tech meltdown in 2001. I was not worried of my job then but many people whom I knew got clobbered and were forced to leave. This is the darwinian flush and it will take its toll. Trust me this the bitter truth. If you people still consider that all the people on H1/L1 are part of the best and the brightest, they are WRONG. Only a small % (probably 20%) are the true best and the brightest and a good 50% will be flushed out. Sorry to say this and hey give me the red dots.
Dear Dilip,
Thank you for your kind words and analysis. But I am sure you will agree to the fact that bad apples are everywhere. You were qualified - good for you! Unfortunately, we are sailing in a boat that has good and not so good people. I can quote examples where I have not only come across dishonest indians but dishonest people from every nationalitly that you know of. I have been in the field for over 13 years (not a techie) and believe me my job puts me infront of all kinds of people. Now coming to the point - we are all here to find a solution to a bigger problem - retrogression and mr. op's decree that we will have to wait for decades before we can see that 485 approval. Well, I disagree and have a gut feeling that something is wrong somewhere. Its not a clear picture. I am optimistic about the fact that if we wish, we can still have people in the government at least look at our case. There is a lot of work to be done and we need help from people like you in doing so. We need intelligent people like you to advice, suggest and generate optimism and not derail us by letting us know that Indians are dishonest, not qualified etc. We all already know that!
That does not serve our purpose to be here. Thank you for reading my posting.
Consider this scenario. If you run a consulting company, wouldn't you try to maximize your profits by staffing people in projects at the least cost ? This is econmically rational. You wouldn't worry much about the quality of the deliverables and all you would care is to dump as many bodies as possible at the client site or offshore and get the maximum bang for the buck.
In this scenario, how is it feasible to expect immigrational justice when the bodies themselves dont provide exceptional talent and skills but simply offer low cost ? Now you would be tempted to bring in the analogous case of illegal low skilled immigrants. Remember they are just that - low skilled workers. They dont "steal" the jobs of high skilled workers. But this dumping of IT workforce has completely brought down the standard of living of the IT workers here. To be honest, those who get green cards today would feel the same way five years from now when the next wave of so called "skilled IT immigrants" offer even lower wages and destroy the quality of life.
In summary, this retrogression is good in a way. The truly best and the brightest would still be employed until their turn for adjournment comes in. Only the weak are currently scared of the delays. I went through the same torrid GC phase after the tech meltdown in 2001. I was not worried of my job then but many people whom I knew got clobbered and were forced to leave. This is the darwinian flush and it will take its toll. Trust me this the bitter truth. If you people still consider that all the people on H1/L1 are part of the best and the brightest, they are WRONG. Only a small % (probably 20%) are the true best and the brightest and a good 50% will be flushed out. Sorry to say this and hey give me the red dots.
Dear Dilip,
Thank you for your kind words and analysis. But I am sure you will agree to the fact that bad apples are everywhere. You were qualified - good for you! Unfortunately, we are sailing in a boat that has good and not so good people. I can quote examples where I have not only come across dishonest indians but dishonest people from every nationalitly that you know of. I have been in the field for over 13 years (not a techie) and believe me my job puts me infront of all kinds of people. Now coming to the point - we are all here to find a solution to a bigger problem - retrogression and mr. op's decree that we will have to wait for decades before we can see that 485 approval. Well, I disagree and have a gut feeling that something is wrong somewhere. Its not a clear picture. I am optimistic about the fact that if we wish, we can still have people in the government at least look at our case. There is a lot of work to be done and we need help from people like you in doing so. We need intelligent people like you to advice, suggest and generate optimism and not derail us by letting us know that Indians are dishonest, not qualified etc. We all already know that!
That does not serve our purpose to be here. Thank you for reading my posting.
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okuzmin
08-31 07:11 PM
We applied for Canadian immigration through Buffalo, NY in December 2005. I got a letter later in February 2006 stating that the principal applicant (me) must take IELTS. Yes, I sent all the experience letters and a letter of explanation that I have enough English proficiency having stayed in the US for about 11 years, with two bachelor's degrees from a US university, many years of experience, blah-blah-blah. Apparently, that was not enough. So, you better plan on taking IELTS. :)
jungalee43
11-08 02:57 PM
Sent e-mails to all the contacts. Immediately received some out-of-office auto replies. Looks like they would be out of office till Nov. 6 or Nov. 10.
Next up, posting message on change.gov
Next up, posting message on change.gov
la6470
01-15 06:05 PM
Yes in my opinion also companies like Infosys, TCS, CTS or HCL - all of them have abused the L1/B1 visa program. At least with H1B the benificiary gets a shot at the "american dream". However with L1 visas - it is pure high tech slave labour. The L1 visa holders are dumped in client places all over the USA and they are paid even lower wages than their H1B counterparts and on top of that the L1 visa absolutely prohibits the visa holder from changing employers. The typical lifcycle of a L1 visa holder is to come to USA, learn from their US counterparts, co-ordinate between the US client and the offshore team back in India, save as much money as possible to pay off for the 2 bed room apartment or car back in India and then at the end of six months , beg their employers for a new project in USA. And during all this time they have to keep up a brave face - saying they dont really "like to stay in USA". Talk about "grapes being sour".
However these companies typically are financially in a much better position and have stronger lobbies than small time desi bodyshoppers sponsoring H1 candidates - so USCIS haven't really got the guts to look into their activities as compared to desi bodyshops.
However these companies typically are financially in a much better position and have stronger lobbies than small time desi bodyshoppers sponsoring H1 candidates - so USCIS haven't really got the guts to look into their activities as compared to desi bodyshops.
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