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  • dpp
    02-01 02:07 PM
    Fraud is not correct word, it is because of lack of policies or loop holes in the current Immigration System. This can be found in any system, any country, any people. So, there is no need to talk on that. It is better to put our EB related retrogression problems to Congress and no use in discussing these. Otherwise If you start discussing on fraud, every work done by everybody is going to have some kind of fraud. It is to survive and so people do whatever it is, with in the limits of law.

    All people who are being labelled as socalled "Americans" came here like immigrats and theft the land from Native indians. So, everybody is doing wrong. That's part of time. So, no need to blame just few. It is being done by everybody. So, please skip the topic and focus on the our current problems.





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  • sledge_hammer
    01-28 04:18 PM
    I didn't find where in the PDF AILA is saying the definition is illegal!

    They provide one example a court ruling where the EE definition was established in the case of an insurance agent. But such an issue has already been address by the EE memo by USCIS (Temporary/Occasional Off-Site Employment).

    Is it your own interpretation that the EE definition in the memo is illegal or did you read it somewhere in AILA's response?

    Re-read AILA memo once again. You haven't noticed the main point yet. Precedence is not their main point. Precedent just provides an additional support. E-E is the most controversial item in the USCIS memo which also is illegal.





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  • JulyFiler
    08-14 07:23 PM
    I agree completely with the OP. Education should be rewarded. People with higher education should be rewarded likewise. PhD > MS > B.XXX. If you have done masters and possess higher qualifications but had to apply in a lower EB category it is your problem or the job you applied for does not require higher qualifications. Either way, it is not USCIS prob.

    I also agree with the fact the OP mentioned that MS folks and PhD folks who sweat out eventually end up losing more financially. This is the first time I am seeing some relief/reward for higher qualified people. I have seen people (have friends too) who came in 2000 straight on H1 and have been making big bucks since then and stuck in EB3. I have seen my friends port to EB2 and get GC. All this makes me feel like I have wasted 2-3 yrs in getting a masters. It is time we got rewarded. This does not mean I want others to be punished. I am saying people with higher qualifications need to be rewarded.

    Chanakya has posted very balanced views. Good job man. Lot of folks are bitter and have misconstrued your arguments and jumped right in to attack without even thinking.

    You are also right that very very rarely do you see a mature discussion in these forums. which is why I just keep away. I just laugh at the sillines that is often displayed here. People dont want to see what they dont want to see. Just few minutes back I saw a post where the OP claims to have entered the country in 1999, applied in 2004 and got his GC. He says he "has been waiting for 8.5 years". thats silly. he applied in 2004. so the wait is only 4.5 yrs. If that was the case I came to this country in 1999. I should have gotten the GC before his. should I crib about it now?

    Btw, I am in EB2. I made a choice to do my masters expecting some benefits. What use is the degree if it doesnt benefit me? No one would be going for MS and PhD if they are all same.



    Welcome reddots.. :)





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  • danielp78
    06-07 09:00 AM
    This is the kind of attitude that we must have in life. Not just in our immigration matters, but as general view of what life is and how to get things done.

    If you want to change things, you have fight for it. And remember, trying to change the law is not against the law.



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  • Keeme
    07-30 02:13 PM
    Many sites. What kind of alerts are you looking for? Vols? Greeks? You can also customize most of the alerts depending on spreads you might be trading. This is possible even in simple option accounts with Level 4 approval.

    You seems an expert in this option trading. How about microcap stock trading ?





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  • immi2006
    05-25 11:06 AM
    We all had a good time so far in US compared to the freshers .

    It seems like any change in the immigration system is only going to land us in a worst position than we are in....

    And looking at what is happening, I think it is naive to think we can influence the system to make it better for us.

    Any noise we make seems to be making our opponents solidify and press us even harder.

    I know this is not an upbeat comment that every IV member seem to expect, but this has been a depressing week, in an already depressing decade. :(



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  • chanduv23
    07-02 02:27 PM
    Filing the complaint is the easiest thing that I have done in a long time. As I had lots of written evidence so it took me close to 30 minutes to prepare the everything but normally it should take no more than 10 minutes. The DOL, Wage and Hour division, takes care of all the such complaints and the identity of the filer is kept confidential to the fullest extent provided by law.

    The Form for instructions for filling the complaint & the form is available at http://www.dol.gov/esa/whd/forms/fts_wh4.htm list of H-1B willful violators is available at http://www.dol.gov/esa/whd/immigration/H1BWillfulViolator.htm and the list of debarred employer's is http://www.dol.gov/esa/whd/immigration/H1BDebarment.htm

    When I filed a complaint, I sent the whole package via FedEx. I waited for few weeks to hear from DOL but when nothing happened I went to their office (they are few blocks away from me). I spoke with an investigator (who was very professional and courteous) who told me that even though FedEx shows the package was delivered they cannot locate it. The investigator asked me to resubmit the package which I did the next day. I received a letter from the DOL after 2 weeks saying my complaint has been received; they even assigned me a complaint number which I can use to track the progress of the complaint by calling their office. The DOL combined mine and my coworker's complaint together and assigned both of us the same complaint number; my coworker filed his complaint few days after I had filed mine.


    What exactly happens to them?
    Are they under a watch list?
    Many employers will open up a new company and operate?
    Maybe employers are ready to deal with this ????





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  • texanguy
    06-12 06:58 PM
    you are asking for EB2 guys in 2004,2005,2006,2007 to wait for EB-3 guys in 2001,2002,2003,2004. Point is well taken. Its a humane way of handling things.

    Perhaps they should not make EB1 current, let them wait a year or two while 2004 EB2 and 2001 EB3 get their green cards.

    Ask this question to yourself. If you were an EB2 person with 2004 priority with a spouse and kid, Would you be willing to wait few more years to get your green cards so that a 2001 EB-3 shall get his faster and may not care /appreciate your sacrifice?

    Your position helps yourself and nobody else. I dont have any problems 2001 EB3s getting approved before 2004 EB2's. Thats the way it should be, but not at the expense of EB2's. Feeling of entitlement is not adequate justification. USCIS has established a way to convert to EB2 status, if you have sufficient experience. You can certainly try that option.

    I just spoke my mind, dont care if i get red dots or not. Apperantly people here are way too sensitive to an opposite point of view.



    I believe that there is a great flaw in the way the USCIS allocates VISA NUMBERS among EB1, EB2 and EB3 which is very much evident and if we can stand united we can get something done.

    After carefully observing the trend in VISA approval and VISA bulletins, It is a reality that EB3-I is not moving and at the same time EB2 and EB1 are moving fast in relative terms and probably may even become current ( EB1 is already current ), But one thing USCIS is clearly not considering is the Priority Date, which basically means that they are not giving a damn thing about how long the person from EB3-I is waiting for. Here is my suggestion and some of the IV representatives need to analyse what Iam gonna say and see if they can stand up. Being an EB3-I india myself, i totally agree that EB1 and EB2 should be given a weightage and some preference over EB3, but I dont agree to what USCIS is currently following, EB2 With priority 2006 getting ahead of EB3-I with priority date 2001. This is ridiculous and to even think about it, it just sounds stupid. What they can do is , They can move the Dates in both Categories while giving preference to EB1 and EB2 first.

    Please dont jump up & down before i complete. Iam just giving you an example of how things should work and how they can move dates forward for all 3 categories while maintaining that EB1 and EB2 gets preference over EB3. Let us ignore Eb1, since it is already current. Now Coming to Eb2, the priority Date is 2004 for them.Ideally speaking, They should not move them ahead until atleast EB3 reaches 2004. But once Both EB2 and EB3 reaches the priority date of 2004, Obviously EB2 gets the preference over Eb3 and EB2 will start to move ahead but not by much, let us say 1 year. Now, Clearly, EB2 is still given the extra preference over EB3 but at the same time, we are maintaining the priority dates between EB2 and EB3 as close as possible so that the system is not totally unfair to EB3 filers. I think, as one of the un-biased Organisation we should stand up against this unfair treatment in general. I hope even EB-2 will understand what iam trying to say.

    let me know if iam making any sense. If am wrong, also let me know. So that i can get a better understanding of things and correct myself.



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  • eb3_nepa
    06-07 09:17 AM
    Awesome post logiclife!

    On a side note. I would LOVE it if people working here on Visas were NOT referred to as "aliens". It is VERY demeaning to people of other countries.





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  • virtual55
    05-17 11:57 AM
    Guys Please contribute money



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  • gk_2000
    04-22 06:35 PM
    Well.. everybody is posting OPINIONS here, so whatever is your point there.
    Can you quote the section of the US constitution that prevents discrimination based on "country of origin"?

    Thanks for asking this. I found this: Civil Rights Division Home Page (http://www.justice.gov/crt/legalinfo/natorigin.php)

    IMO, rather useful in our discussion, though not relating to the constitution. But if you insist, I might point you to the 14th amendment ...

    http://en.wikipedia.org/wiki/Fourteenth_Amendment_to_the_United_States_Constitu tion

    Read the "Equal protection clause". It mentions this case:
    The Court has also struck down redistricting plans in which race was a key consideration. In Shaw v. Reno (1993), the Court prohibited a North Carolina plan aimed at creating majority-black districts to balance historic underrepresentation in the state's congressional delegations

    Do you agree that we can draw a direct parallel of this case to our case, where they are segregating visa numbers based on the country of origin?





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  • munnashi
    11-03 04:25 PM
    EB-3 I June 24 2004



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  • angelfire76
    10-05 02:41 AM
    I think USCIS must meet the EB convertors somewhere mid-way to maintain fairness.

    About gctest, what has pissed me off so consistently is his trash-talk, calling EB3 third grade workers, his utterly self-centered attitude and inability to see other side of the story. Over and above that he is a lying, cheating bastard who changes his story all the time.

    angelfire, before you go and make such a determination, please do understand the root cause of the issue.

    EB3-I processing is stalled, especially after USCIS opened the floodgates and let everyone inside one time.
    Folks who were waiting patiently had their clocks turned backwards and pushed at the end? Classic case of starvation.

    Upshot - some with older EB3 PDs have ported their dates, after qualifying for senior positions based on their academic credentials and job experience and getting jobs under EB2.

    Which is why see an odd 2002 EB2 PD suddenly appearing from nowhere and getting ahead of you.

    How many are actually converting?
    humongous EB3 number stuck in 2002-2003.
    handful people actually converting due to risks involved.


    That EB3 people should not be made to start from scratch all over again, however they should also not be given the advantage of a loophole in the system. We all knew the evil of LC sub and this is something similar to it.
    However I do sympathize with the sense of desperation and hopelessness that people in EB3 feel when they don't see a light at the end of the tunnel.

    There will always be condescending comments made by people on the other side of the tracks. Heck, I've heard some comments that completely put me off from taking part in IV and helping people who already have EAD (I missed the July 2007 orgy). But it is what it is, we either sink or swim together. If you see how many characters in Indian MNCs take advantage of the EB1 MNC executive category, you will be apalled.

    Ignore and focus on what needs to be done would be my advice as everything somebody who is not a decision maker in the path to immigration is inconsequential.





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  • arsh007
    02-01 06:19 PM
    I have worked for some of the big Indian IT companies including HCL Technologies and Satyam and can tell you all that these companies are the most screwed up companies in terms of bringing in H1 and L1s from India and paying them peanuts for salaries. For example Satyam and TCS here in St Louis have a large outsourcing deal with Citigroup. There are about 50-60 Satyam Engineers here on H1 and L1 visas being paid around $45,000 per month+Benefits which is just about the Labor prevailing wage in this area.

    Talk about rotten Desi companies and even the bigger players are not far behind in trying to suppress wages for Engineers and bending rules in lots of instances to bring in a flood of L1s/H1s from India to work on onsite projects.



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  • rajmehrotra
    09-17 02:18 PM
    Laws are like sausages, it is better not to see them being made.
    - Otto von Bismarck





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  • jetflyer
    06-11 10:54 AM
    Sorry to hear your accident case.
    Folks here have already given best suited solutions.

    These days law suits after car accidents are increasing, I have heard of so many in last 2 years or so, so it nots something alien to justice system, attorney, or insurance provider.
    In most cases that I have heard the amount is between $500k-1M, the good thing is that in your case amount is humongous, that could the most appealing reason for denial itself (remember DC Laundry case for $54M).

    For worst case scenario, start trasnfering money to India (western union - cash) in smaller chunk, so you will be left the minimal to run your daily life (one of my friend did so while dealing with IRS tax fraud by desi consulting company). Good that you don't have any asset, they can't ask for asset in India, if you have not used that asset for US-tax, might be better not to mention from yourside. So if you loose the case you can show you have no money to pay (even outside the court) and can legaly leave US and go to any other country Singapore/Australia etc or back home... endless possibilities.



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  • abhijitp
    07-12 09:54 AM
    Guys,

    How about start or finish the rally with US National Anthem ?

    This will get a lot of attention. Above all it will show 'Legal Immigrants' different + communicate a lot.

    Also encourage to get more American friends.

    You can have a beer after the rally !

    Good Luck.

    This is a perfectly Gandhian idea:-) (He did that in South Africa)

    Let's do it... the beer part should be postponed to some other time... presumably after all categories become C:-)





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  • leoindiano
    09-17 01:15 PM
    If congress approves it, 70% of the battle is over.





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  • satishku_2000
    05-24 11:57 PM
    Student loans too ......

    http://www.shusterman.com/pdf/senatebill51807.pdf

    Page 298 line 11 section 616.

    I am not surprised if a Senator brings up amendment to fund all these stundent loans by H1 people.

    I am not sure if this bill is ever gonna make it to presidents desk





    she81
    01-31 01:40 PM
    Voted twice for both the questions and also urged half a dozen colleagues to do the same.





    mrdelhiite
    07-26 07:36 AM
    my 2 cents!!


    if you are single and apply for 485 and get a EAD can still being ur wife from India on H4 as long as u DO NOT use EAD and DO NOT get 485 approved.


    EAD to me has major benefits for the spouse. I think everyone agrees that 485 retrogression gona happen ... so if that happens u cannot get a 485 approval or add ur wife till almost close to 485 approval .. as ur PD wont be current. In this period u will never be able to use EAD as ur dependent will go out of H4 status ...

    Also it is never recommended to use EAD and maintain H1 status ... so to me if you are single and have no plans as of yet to get married u will not use the interim benefits and pay EAD fee every year.

    u will be in the 485 queue and if anything changes about green card u are atleast far enough to not to start ur application from beginning... also if for some reason u decide to use ur EAD the way around is ur wife to get another Visa like F1 ....

    hope this helps.



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