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  • jhaalaa
    01-13 04:56 PM
    USCIS - Questions & Answers: USCIS Issues Guidance Memorandum on Establishing the "Employee-Employer Relationship" in H-1B Petitions (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=3d015869c9326210VgnVCM100000082ca60aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD)





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  • grupak
    02-15 03:41 PM
    Excellent point brother!

    Talking about diversity, those not familiar should take a look at an Indian currency note.

    Maybe someone can scan and post one, I don't have any Indian note with me. You will see around 20+ languages on it. You can tell its different languages because they use different script unlike say German and French (except for the accents/umlaut). Actually the number of languages are much more than shown on the notes. For whatever reason AFAIK only languages with distinct script are classified as languages in India, others are called dialects. These dialects are actually languages because they are not dialects of anything (For example in this definition, lot of European languages will be classified as a single language because they use Latin script).

    The point is unlike what outsider might think there is as much if not more cultural, ethnic, linguistic differences between a Gujarati and a Tamil Indian as between a German and a Portuguese European.

    So how much favor I will carry with a Malayali (no disrespect to anyone from Kerala) is debatable.





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  • eb3_nepa
    10-23 11:34 AM
    Hello everyone.

    I was wondering if someone could point me to how exactly labor substitution works.

    Before anyone starts jumping down my throat, i am JUST looking for documentation on the full process and I DID try looking on the google.

    If someone has any article on labor substitution and how it works please post it on here.





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  • bestofall
    09-25 11:31 PM
    """"""""""""""Holding following assumptions we will see more forward movement in coming months and whole of 2010 fiscal year.

    Slow improvement in economy (fewer new applications from EB2-ROW and EB1)
    PERM applications stay stuck (as they are very few approvals in last 12 months)
    CIS is force to allocate visa every quarter (leading to large spill-over)
    Fewer EB3 to EB2 porting

    """"""""""""""

    Sachu

    Thanks for good analysis. I wonder about CIS allocating visa every quarter spill over.
    Can you please share any resource about quarterly spill- over ?



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  • snathan
    01-19 02:00 PM
    Check my post . I withdrawn my post after realizing that it was not amusing to others. What else I could have done other then withdrawing my post ? How do you feel I should react when some one has gone personal ? Just giving lip service will not do good either. Where is the plan ? Did I said in my post anywhere that I will create hurdles for any movement for opposing this memo ? Mind it so many rules like AC21 or working for new employer just after transferring H1b never came out of any immigration forum thread. Gold rush of 2007 was result of Aila efforts . It all came after AILA negotiated with USCIS and I am keeping my eyes there. I am checking most sites because am worried too . Unfortunately people are forcing me to praise and sing for my ex employer which I will never do.Venting against my ex and supporting the memo are two different things.Anyway
    I suggest try to establish contacts with AILA. That's the way to go. Unfortunately that's pointer is missing in this forum.

    I am not sure if AILA really did anything for us in 2007. Logically thinking they are just a business and they care about only their income. They do not need to worry about our welfare. So I dont expect AILA would fight for us.





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  • hopefulgc
    02-16 01:00 PM
    Any word on the following two issues i posted:

    ----1----I think there is definitely someone else here better than me at leading this issue & getting people together. So if the moderators can allow members willing to step forward and help out with this, to have edit permissions on this thread, that would be help



    ----2---Can the moderators please modify the poll to be the following or add another poll to this thread. I don't seem to have the requisite permissions.

    Q) Do you commit to participate in a class action lawsuit against USCIS
    Options:
    1) I am willing to commit $10-$20 needed for the initial consultation ($600-$1000)
    2) Yes. I am willing to commit $500
    3) Yes. I'm willing to be a plaintiff ( full name and full contact info required)
    4) Yes. I'm willing to commit $500 and become a plaintiff as well
    5) No. I don't think it will work



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  • TomPlate
    07-03 09:36 PM
    Can we organize a skype conference chat. Please let me know.





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  • sundevil
    05-29 12:28 PM
    Not just limited to Cognizant and some Big 3s(or 2s now).
    Please do not dismiss this as a tunnel vision, its a reality that will develop into a panoramic scam. I know of a guy in India who is sowing seeds of multi-national manager with a Staffing firm(Desi consulting Co) just for this purpose. Worst he has an individual contributor job with some other company that is in collusion with the staffing firm here to prove he works for the company here( I am guessing as a consultant and taxation with a ghost company of US based company in India). I could not get him to spill the beans on how this whole thing is working but he is confident and has sunk a lot of money into it. Strangely, he was disappointed when I told him even with L1A/EB1 it could take 18 to 24 months. Talk about feeling entitled.

    Mind you lot of these guys have registered companies in India already to fish for H1 applicants. We close our eyes on this one, it will break the levees and flood the EB immigration. SO never be coy in dismissing this travesty and mother of all scams that is going to follow.


    Guys : Once again I would suggest not to use tunnel vision. I personally know one case of EB1 in cognizant where one of my closest friends who never scored more than me in college exams and doesnt make more than I do got his GC in EB1.

    Whatever Mr Oppenheim is saying is precise bullshit! Its all political. He is a bureaucrat who needs to defend the political policies. Where have we seen any transparency? Is there any transparency to the whole process?

    If Mr Oppenheim has numbers so handy, can he explain why there are wild swings in visa bulletin and not a computerized FIFO policy. I can understand some 15-20% overlap for cases stuck in name check, unapprovable, etc etc. But every month/year visa bulletin swings like a pendulum which doesnt know which way is the right way.

    If you complain about EB1, your friends will also lose GCs and no body will get GC. With that you are effectively saying, I dont get GC, even X should not get GC.

    Although I think EB1 problem is largely restricted to Cognizant and needs to be addressed.



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  • BECsufferer
    04-01 12:58 PM
    If Imran khan has come in to politics why not Azharuddin ?

    We can keep guessing but you know who is the right guy ,

    :D:D:D

    I remeber how brutal Imran used to be to Indian openers with his deadly in-swinger. Those were days of good cricket ... a classy cricket. Outside cricket Imran still commands respect for being honorable and honest person.

    On other hand our Azhar is one of those who will sell his own mother for money. A disgrace to cricket world. Comparing him to Imran is like comparing Lion in Jungle to a Hyenna ( no disrespect to reading Hyenna).

    Few years back bunch of cricketers originating from AP here in MI sponsored him and his wife to visit here. I was invited by come and shake hand and photograph with this bookie and his beautiful wife. Majority of people having self-respect politely rejected the invitation. Now I hear he is trying to become bookie in New Delhi. Good Luck!





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  • gc1024
    07-24 02:59 PM
    Whys is India never an option to go back? After all, the economy is booming isn't it?



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  • lahiribaba
    06-12 09:56 AM
    Dude, Read Vivek Wadhwas findings carefully. He wants the best and the brightest to be provided unlimited visas. I agree with him completely. He is not for perpetual fraud and wage destruction as proferred by the outsourcing companies. Next time when you quote a defence, atleast quote something that supports your case not the opponent's :-)

    You all can scream and shout all you want but

    NOTHING IS GONNA STOP THE OFFSHORE OUTSOURCING TRAIN THATS ROLLING ROLLING ROLLING>>>>>>>>>

    BECAUSE.>>>>>>>>>

    OF THE SHEER SIZE OF INDIA'S POPULATION.....

    10 YEARS FROM NOW IF YOU ARE IN IT YOUR BOSS WILL BE SITTING IN INDIA





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  • snathan
    08-17 12:21 PM
    So, lets stop this here :)

    SRK says - it is a procedure but it isn an unfortunate procedure. Which in my opinion is true.

    I did go through secondary inspection once in Atlanta, GA back in 2004 and it was kinda absurd. My name did not flash on computer but here is what this officer told me "Something wrong with the Chennai computer they have not uploaded your visa information. Did you really get this visa from Chennai Consulate?". Well, being a software engineer, I did understand that it is a system glitch but what can I do? I showed him my i 797 and all documents including EVL etc..... and he said i have to go through secondary inspection. Then at thesecondary inspection they asked me if I picked my luggage, I was taken aback because u r allowed to pick luggage only after the clearance and I said "no". they had a separate "officials only elevator" to baggage claim and asked me to go through that and bring my baggage and I did that. They asked me to open my bags and I did that. Then asked me which service center approved my h1b visa? I said texas. they looked up on their computer for a while and then took my i 797, tore the i 94 portion folded it and stapled it along with the white i 94 card and said I can go. But I decided to get some clarification and I politely asked the officer, why did I have to go through this? She politely said "It is a process". I asked why did she tear the i 94 portion of my i 797 and staple it to my passport? Do I have to keep it and what is the significance. She wanted to get me off her shoulder without asking questions and said "Yes, it has to be there, it is a proof, thank you and do let me know if you have any more questions" and smiled.

    While we all debate that procedures are followd in best interests of national security, at times we must also understand what these procedures are and how do they help.

    Some argued that because of tight security another 9/11 could be averted.

    Some argued that SRK is no VIP.

    In my opinion SRK is "no matter what" a star and an icon. Those who trash him, must understand that people like him have capabilities that u or I lack and thest why he is such a star. They can win hearts of people "children, adults, youth" they can entertain you and make you happy and on top of it al for them it is life and career path and they are best possible candidates for ambassadors for anything ranging from peace to disease to unity etc.... everything because of their charm.

    SRK managed to get DHS officials to speak and atleast give a statement which we as a community never managed to but we accept all this as part of life and think why should this guy not be treated like us.

    Folks - it is not easy to become a star and gain all this popularity - it is challenging which includes a lot of dedication, efforts, luck, timing and so many different things people have to do. Life of stars is not that rosy as they "smile" and wave to people. For them every minute and second is a challenge - they are not like American Lawyers or Doctors who have ABA or AMA who control the flow and competition always keep theem rich.

    The world is a small place and we all have to wake up to reality. Prof Gates gained such traction because he was having contacts with the president. Now if not for his incident, and not for the President vouching for him we would accept "it is how things are and live with it"

    We accept everything and say "it is how things are" at workplaces, or anywhere we put ourselves down and say "It is a part of culture" we have to live with it.

    The issue with us all is "We are highly educated and talented" but we never learned those lessons in schools where we stand up for causes - we are ready to blame and bash the victim - this is what exactly we do because first thing - we do not respect a victim, as it is not "us" and when it happens to us - we tend to live with it and not discuss it or do something about it.

    So folks lets stop it here. Stop blaming SRK or CBP. If you do not want to see his movie, no one is forcing you to.

    Things do happen for a reason, and it all depends to how you face situations like this in your life. Look at such incidents to get an idea of how to deal with things.

    People can not expect to be treated special because they are charming to some group or more. There are hell a lot of people with special talent and each and every one expecting to be treated in a special way...then there is no need for that procedure. If SRK is started crying when the common people going through the ordeal...well thats makes the difference between the real start and a moron.



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  • lazycis
    02-14 12:58 PM
    Galvez v. Howerton 503 F. Supp. 35, 39 (C.D. Cal. 1980)
    http://boards.immigrationportal.com/showpost.php?p=1838094&postcount=14843

    "Plaintiffs herein allege that officials of the Immigration and Naturalization Service (INS) have engaged in affirmative misconduct in failing to process their applications for adjustment of status to that of permanent resident aliens. They seek a court order compelling the defendants to issue them appropriate visa numbers."

    "Where there has been affirmative misconduct on the part of the INS, the United States may be estopped to deny the availability of visas to those otherwise eligible but for the government's acts. See Immigration & Naturalization Service v. Hibi, 414 U.S. 5, 8-9, 94 S. Ct. 19, 21-22, 38 L. Ed. 2d 7 (1973); see also Villena v. Immigration & Naturalization Service, 622 F.2d 1352 (9th Cir. 1980) (en banc); Santiago v. Immigration & Naturalization Service, 526 F.2d 488, 492-93 (9th Cir. 1975) (en banc), cert. denied, 425 U.S. 971, 96 S. Ct. 2167, 48 L. Ed. 2d 794 (1976). The central inquiry here is the determination whether or not the conduct of the INS, including the failure of the INS officials to understand the applicable law, the improper rejection of plaintiffs' visa applications on two occasions, and the ensuing delay, constitute affirmative misconduct.
    It is the duty of the agency to inform itself of the law which Congress has authorized it to enforce. The INS admits that its personnel were not familiar with the current statute applicable to plaintiffs' visa eligibility and thus erred in returning [**8] the plaintiffs' applications on the basis of a misinterpretation of the relevant law. This failure to act in accordance with law is an aspect of the agency's affirmative misconduct which the Court cannot overlook. Administrative Procedure Act, 5 U.S.C. � 706(2)(A) (agency action to be set aside where "not in accordance with law").
    Another aspect of the present misconduct relates to the agency's failure to fulfill a statutory duty. The INS has a statutory obligation to issue visas to qualified applicants to the full extent of the annual quota limits established by Congress. 6 The legislative history of the Immigration & Naturalization Act indicates that this duty has not been left to agency discretion, see S.Rep. No. 748, 89th Cong., 1st Sess. reprinted in (1965) U.S.Code Cong. & [*39] Ad.News, pp. 3328, 3337-38, but is obligatory upon the agency. "

    "IT IS HEREBY ORDERED that plaintiffs' Motion for Summary Judgment is granted, and defendants' [**14] Motion for Summary Judgment is denied. The Court orders the defendant Secretary of State to issue A.T. Cortes and E. Cortes Fifth Preference visa numbers and to charge them to the 1979 visa allotments"





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  • django.stone
    06-15 02:05 PM
    dilip,

    i am not debating you point of view, in fact i agree that with the darwinism concept and hope the down economy brings gc to good & talented folks. your rollercoaster ride was from Mar 2001 to May 2003, about 2 yrs. in the current scenario people are waiting for 8+ years and most of them like myself at least 3 yrs. the situation is indeed different this time around with labor substitution, L1, porting etc. causing delays for earlier people, that's why you see more venting this time around.



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  • imm_pro
    07-24 07:43 PM
    So to ensure that the CPs utilize all the quota, the dates are moved ahead before the end of the fiscal year and then moved back..hmmm so then again to ensure that the quota is used up in the next fiscal year,the dates will jump ahead again..:confused:





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  • nozerd
    09-30 01:22 PM
    Well we are Indian citizens so we would have to carry passport anyway. What you mention is only a concern for Canadian nationals and that too they dont need visa. They only need passport for ID instead of DL.



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  • leoindiano
    07-17 09:35 AM
    Dear Attorney,

    I had 2 I-140's for same job, same employer. Both approved. When lawyer sent I-485 package they sent the receipt of I-140 which had earlier PD, Which is what i wanted. I saw an LUD on other I-140 on 11/27/2007 almost after a year it was approved. Is that a matter of worry?

    On I-485 receipt, Priority Date field is blank. How can i confirm that they got the correct I-140 attached to my I-140?

    Thank You





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  • snathan
    03-30 02:08 PM
    May I know who is that redard gave me red...?





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  • ItIsNotFunny
    11-06 03:17 PM
    Time to push it.. 200K will buy houses is quite believable given the points that we have monies to do it, and given the market. We need a campaign. Also once the new President wins, never forget to congratulate him and at the same time request help.

    Lets do this. Contgratulate Obama with proposal of GC for House scheme (need better words though :)).





    hydboy77
    09-23 06:13 PM
    The only missing information to give an almost 90% accurate prediction of the visa bulletin movement are
    1. Will DOS do spillover every quarter or only once every year?
    2. What would be the number of eb2 and eb1 visa demand from ROW from October 2009 to September 2010?

    the answer to question 2 can be obtained by getting the number of pending PERM Eb2 petitions with DOL, if we get the answer to question 1 from DOS then we can predict the visa bulletin with almost 90% + accuracy.

    I don’t think DOS will do a quarter spillover. If DOS does not do a quarter spillover then it will disastrous for EB2 India because if DOL releases a ton of pending EB2 ROW perm applications they have been holding up for over an year in June-July-august 2010 time then DOS might not do a spillover at all for Eb2 India.


    Thanks Sachug22.

    Dec 2009 Visa Bulletin & Jan 2010 Visa Bulletin should give us clear picture about EB2 - I forward movement (if USCIS does spill over every Quarter this fiscal year - Most likely I expect the spill over to occur every Quarter this fiscal year).

    Other important indicator would be the spillover received by Eb2 - I till Sep 2009. If spillover is more(clearing majority of 2004 - Jan 2005 cases) that would be the best case scenario.

    Overall things look very positive.





    breddy2000
    09-04 07:47 PM
    dealsnet,

    Don�t assume that things will work like they work in YSR regime.

    If you think that, the discussion does not make any sense to you then keep away. You are assuming that IMV has compromised security. FYI, this is not a YSR forum, nor it his jagir to do a security compromise.

    Wow Mr. Chandu.....Procliaming that he is has access to Admin rights and saying that he is not compromising on the security aspect as this is not YSR forum.....

    This AH has revealed someones full name publicly where no one knows how to do that...except Admins....

    Thats it Guys.......I'm out of this....

    If I'm CHANDUV23, I would have retaliated from my posts so far...Looks like "_TrueFacts" is more offended than "CHANDUV23" offcourse we know both are same.....

    Hats off Man....



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