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  • arc
    06-17 02:55 PM
    What can be done?





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  • logiclife
    06-07 01:24 AM
    Is immigration a right? ABSOLUTELY.

    Well, over the past few months we have heard a lot of sound bites like �Immigration is a privilege, not a right�. �We are a country of immigrants but we are also a country of laws.� We will see about that in moment when we look at history and find out how lawful immigration has historically been.

    Let�s focus on one thing sorely missing from our community: The sense of entitlement.

    A lot of employment based immigrants in this country, legally here, on H1, L1, J1 etc. have asked themselves, �What right do I have to ask for change in laws or relief from congress? I am not even a citizen. Lobby congress? As an alien? Are you kidding me? Do you want to get deported? Do you realize you are going �against� the Government?�

    Therein comes the lack of sense of entitlement.

    First of all, legally speaking, there is no distinction between the constitutional rights of citizens and the constitutional rights of those who are non-citizens � legal or illegal. (Non-citizens are also called �aliens�, but I refrain from using that word whenever I remember coz none of us look like characters of Star Wars and we are not green-headed animals with 6 limbs, so I don�t consider myself an alien just because I was born somewhere else on the same planet).

    Second of all, as a person within the jurisdiction of the United States, the first amendment actually prohibits the congress from making any laws against stated rights � one of which is the right to petition the Government for redress of grievances. So not only its legal to do what we are doing, it unconstitutional to pass a law to make it illegal for us to petition (or lobby, advocate, litigate) government for a redress of grievances. And that first amendment isn�t changing, coz to change it, its going to need two-thirds of US congress and three-fourths of states to back it. And we all know, how lucky we are to have 51 senators agree on the fact that sun rises from the east.

    Earned Right or Birthright?

    The fact that you are here and you are here legally and working with the system to earn immigration is something you should be proud of. Not guilty of. If you treat yourself as guests, the government will treat you like a guest. I would rather treat myself two times the citizen. Why, coz it simply much harder to earn a citizenship than to be born into it. I believe that not only we deserve fair and speedy immigration, but also when we do become citizens we should have the privilege to give two votes in elections. Now, I am not trying to display chutzpah here. I am going to back up my claim with reason. See, a lot of us came here 5-10 years ago with almost no money. Many of us never received any formal education in America. However, we have been able to survive and keep a job in this country, even during the stock market crash of 2001 and the economic recession after that. No small feat. We are the last ones to leave the office at night (Actually, that is true for both legal and illegal workers, coz the legal computer programmer is still coding Java at 7:00 PM while the illegal janitor starts vacuuming the office). We relocate across states as-if its relocating 2 traffic lights away. We adapt to different employers, we adapt to all employers. And all these without driving down the wages. Yes, it�s true. We don�t depress the wages and we don�t steal jobs and the labor certification is designed to prevent that and it�s working. We all know how great its working and how intense the process is, especially those who are stuck in Philly and Dallas backlog creation centers.

    So, to sum it up, we have twice to right to petition the government for a redress of grievances, twice the right to everything. It�s an earned right, not a birthright. Our natural instinct should be to exercise the rights we have earned. If we cannot do it now, we are not going to really make anything out of citizenship of Greencard that we are pursuing.

    And coming back to the sound bites about privileges and �Nation of laws� coming out of Washington today, let me say this: The pilgrims, who dropped anchor near Cape Cod in 1620 didn�t go through a port of entry and get their passports stamped and their I-94s stapled. I don�t think the Indians were waiting at the coast of Virginia to stop immigrants. They just came. And they settled. And they called it home. No priority dates. No visa bulletins.

    So you see, what really matters here is whether you feel you are entitled to something or not. If you don�t feel entitled to a fair immigration process that does justice to those who seek legal ways to immigration, then you probably aren�t entitled. To ask for something, you must first believe that you deserve it. And to show that you deserve it, you must ask it loudly and clearly from rooftops. Don�t predict visa bulletins, but work to change and influence the visa bulletin 6 months from now. And no, you wont be deported for exercising that constitutional right.

    �Our ancestors ... possessed a right, which nature has given to all men, of departing from the country in which chance, not choice has placed them.�

    � Thomas Jefferson (1743�1826, 3d President of the United States, author of the Declaration of Independence)





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  • new_phd
    04-15 08:26 PM
    Here is a suggestion for you:

    1) Book a round trip ticket for your wife to fly back immediately. Meanwhile, take an appointment for your wife with a local USCIS cert civil surgeon to take the TB test/vaccine. Take it wherever you can get it -near or far.

    2) Get lawyer to draft the RFE response. Submit the doc's report to lawyer as soon as you get it. (most surgeons will give it in a day or two after checking the bump.)

    This whole process should be done in less than a week if you can prepare everything else before your wife gets here.

    3) Wife flies back and continues with rest of vacation with kids. You can have your Euro vacation at the end too! :)

    Downside: Twins will have to be away from Mom for a week.
    Upside: Monetary Losses and life disruption cut as short as possible.





    Thanks man for your replies. I'm gathering as much as I can. All the tickets, birth certs.
    Plus, to add to the complication, I've also confirmed ticket to meet them at Frankfurt on their way to US. My Euro vacation for a week would collapse and have to cancel everything.

    I'm try to keep myself sane. There are much worse situations people are facing in this forum ( for example, a ninth pregnant lady getting laid off).
    Just hoping (and praying) that this can be solved smoothly.

    GC is really proving to be a daaawg....

    GCisaDawg.





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  • smartboy75
    09-17 02:33 PM
    Thats all he does !

    One more Amendement by Mr King....after the vote



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  • cr52401
    07-21 08:05 AM
    gimmi green,

    I am wondering how did you do that? I am in same situation but I always thought that you have to stay with the company who has filed your 140./ I have 140 approved and wasting my time with the company every day but at the same time started real estate business with my partner part time. I am wondering if there is any way to keep your green card going and at the same time work for your comoany. I really appricate your insight.
    Thank you.



    gimmi green - Don't you see green around you. Let me tell you how to get green

    1) Use your credit history to purchase additional home in Florida. House purchase in 150000 will be 250000 in year. The market was like that a year back. It takes 8 months to get a house. There is a big line.

    2) Open your own e-business. File E visa. 1/4 million should be easy money if you have stayed here for 10 years.

    3) House listing in only done by realtor. Give option to customer. For fun open a site for people to list their house for sale. Give them free service then charge. Live American way.

    4) Make school in Village. I have made one. I enjoy supporting the school. Grow India.

    5) Don't worry about GC. Do something. Registering a site takes some $35 or 40. Built you site. Use American brain.

    Am I doing it? Yes.. Did I make money? Yes.

    Ensoy.





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  • deep2480
    01-20 04:50 PM
    Count me in and let me know how can i donate money and where we can see how the progress is going on???



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  • aadimanav
    10-16 04:23 PM
    bump :p

    How do I find out that I am "suffering" from namecheck? :confused:

    PD: EB3 --> April 2004 --> India
    I-140 Approved.
    I-485 Received on July 2, 2007
    Fingerprinting --> DONE
    EAD --> RECEIVED





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  • nc14
    04-18 04:16 PM
    Hearty Congratulations.



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  • Canadian_Dream
    09-13 02:08 PM
    Anyone thinking that there will be a bill passed in near future that will overhaul skilled immigration process needs a reality check. Now I am not discouraging anyone from trying, I am also suffering through this mess and in no better position. The reasoning behind my assumption is following:

    1. Lawmakers serve America and Americans. In theory anything that passes must look like it is serving their interest. Most laws/actions MUST look like it is helping Americans directly or indirectly, more so in an election year. That's why with less than 60 days for election it is not wise for them to spend time in enacting and debating laws that helps immigrants. It simply makes no sense.

    2. You can argue that helping skilled immigrants will help America greatly and there is an urgency to enact such laws. Unfortunately no matter what media says, there is no such urgency seen by either law makers or their advisers. The reason, being there is no mass exodus for skilled immigrants, I know a few who have gone back but most of us are still here waiting for visa bulletin evey month hoping that some miracle will happen some day. Even if there is a mass exodus, there are enough people in India/China/Eastern Europe who will be more than happy to be here and do whatever we are doing. Simple law of numbers.

    3. It can also be argued that America is not producing enough talents in Science and technology and hence we should throw a red carpet to anyone who can buy his way through the MS program from an American university. Unfortunately for us, a lot of us are doing mundane jobs and do not make a big impact in the economy the way techies used to be in late 90's. The best and the brightest are well taken care of (read: EB1/NIW) even today, for the rest us there isn't a desire nor a need to expidite the process in any manner. It will only help us, and we don't matter.

    4. There isn't much shortage of skilled professionals, definitely not of the proportion that 65,000 visas are gone in 2 months. The only shortage I see is of numbers of "Visas". Although it is hard to find good people in technology but that problem cannot be solved by making that number higher. I am not sure what's the reason.


    So what can we do ?
    In short we are just a John Doe seeking better life which unfortunately isn't there in our home country. We should enhance our Skills (NOT skill bill) and help ourself to do well in anywhere. One thing is use 3 years extensions to chnage jobs and do well.

    We can also align ourselves with H1B lobby/Healthcare lobby and request to file I-485 without visa numbers. That will at least stop some of the indentured servitude and our spouses can work.





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  • go_guy123
    02-01 08:16 PM
    Guys

    I know an instance where a big american pay roll company got people from india on business visa and made them work for $50 per day and the poor guys were slogging more than 10 hours a day.

    Ofcourse the manager is a desi ..

    I know even Accenture brings people on B1 visa @ 50 dollars a day



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  • mlk
    06-22 07:28 PM
    wow it's just a stupid poll on a friggin PS battle guys, you sound so desperate...





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  • polapragada
    08-13 08:43 PM
    Yes, that is right, I said �plight of EB2-India�.

    I am a passive observer of these forums. But some of the ridiculous notions floating around here have motivated me to vent. First and foremost, the law as written is highly favorable to people in EB3 categories, even from India. Here is how...

    Take my example (and there are thousands like myself)....came to the US 8 years ago, spent 5 years working day and night to earn a PhD on a low (barely sustainable) stipend, got FIRST job saw decent money for the first time 6 years after I came.

    Now, compare this to a person working an EB3-job for the last 8 years. Not only does this person do a real job that hopefully provides a respectable income but this person also has the option of moving to EB2 after 5 years of experience. So, at the end of the day in 2008; this person comes out ahead of me in terms of money, in terms of priority date (if ported) and most likely in terms of GC.

    There are complaints all over the forum which have the stink of pretentiousness such as �oh..i am a poor EB3 waiting for n number of years� etc etc. What you guys seem to forget is that YOU are NOT an EB3, it is your JOB that is EB3. You have all the opportunities that were/are available to a person who sweated it out in the university system here to gain more qualifications and get an EB2 job. You CHOSE not to. The general discussion seems to center around cribbing about the US immigration system (Immigration by the way is a privilege defined by laws, not a birthright) and then blaming the EB2 crowd when they finally see the system implement the law as intended in the first place (horizontal spillover rules).

    All these posts that refer to �my career is over because my gc is delayed� are nothing but a pathetic excuse. Law of supply and demand....if you have a skillset that is valuable, you will be fine with or without GC anywhere in the world. It takes a bunch of documents to remain here legally, all you need is a passport to go back if the system here seems so bad.

    For all the attacks that are bound to happen, here is the fodder.....this is probably my first and last post, I haven�t contributed a dime to IV, will work here as long as I like it and if not, India is a great country and provides enough opportunities for any skillset !!

    I feel education should be rewarded (Every where). High skilled should get prefference.

    chaanakya may be you should consider putting your words in soft intangiable worlds...



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  • eb3_nepa
    04-17 11:39 PM
    How about trying to convert the existing "free" members to paid members? People post questions here all the time asking about personal stuff. People can be allowed to register for free but for posting we need full details In the very least we need a VALID phone number and a VALID email. For this we do not need IV teams to do anything. If, as a surfer you want to post or get access to "members only" posts, the surfer has to call the IV phone number using his primary phone number. That whoever is answering the phones can verify the phone numbers. Once the phone number is verified, the status of that member will be "active".

    Now the team responsible for collections can start calling the people and asking if they have contributed and how much. We are looking to get more members and that is a wonderful approach. However we have only a THIRD of the members paying over and over again as it seems from the previous posts. It's time to start converting the free members to paid subscriptions. These other 2/3rds are using IV bandwidth and resources. It's time people started paying their dues. Doesnt have to be $100 minimum, even $10 will do, but please contribute. :)





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  • pa_arora
    06-12 03:35 PM
    Not true...

    In the EB base, only 1 GC is counted for all family members. How can it count more than one if it is a derivative of an employment visa? It might count against the Family base even though primary applicant is EB-based. Not the other way around.
    U r wrong here my friend. In EB, visa number is counted for each dependent.



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  • ak27
    08-04 01:04 PM
    You may want to visit your congressmen/congresswomen and try to help from him/her.This might take a while without doing anything. My background check has been pending since dec 2009, I have not done anything yet because my PD is not current. I will be requesting their help next month or as soon as my PD is current. IV has helped some folks who were stuck for long time. May be you can request their assistance. This is BC process could be pain ....





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  • rimzhim
    01-31 11:01 AM
    desi companies sell H1b also , u pay money and they will get it for u , see sulekha.com for example .
    no wonder ieee-usa complains about the present h1b program.



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  • gsc999
    11-10 05:24 PM
    Its preposterous that USCIS does not allow LEGAL prospective permanent immigrants using EAD to bring their spouses!!
    ---

    Why are you so surprised? If you do get permanent residency then too your prospective wife will not be able to immigrate immediately.





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  • Green.Tech
    06-10 05:32 PM
    Do not stop!





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  • chanduv23
    07-03 12:55 PM
    Sometimes the employee's hands are not clean either - they would have falsified the credentials and the employer takes advantage of that fact. The employee complains here that his employer is "blood-sucking" monster in human form.
    As I said this happens sometimes, not all times, and certainly I am not suggesting all employers are good. So please dont flame me.

    I support this discussion of how to get back at bad employers.

    That is right. There are people knowingly get into dirty deals with employers like
    (1) Faking experience
    (2) Working out per diems in percentages
    (3) Changing job titles to suit their needs
    (4) Most important - employee tries to do what he/she can to keep employer happy as the green card petition is filed - I have seen this - people I know do this - they lick the boots of their employer - get coworkers fired so that their jobs are secure - get personal in alomost everything with employer so that they feel secure and job satisfied - These are the people who come out anonymously and talk bad bad things about their employer because they know they are into a screwed up relationship - no pay hikes, employer cheating on perdiems - employer knows employee is ass kissing and talks sweet but exploits - employee knows that things are not going to be the same for a prollonged period - puts a false mask and blames organizations like IV for not doing anything - these are the folks who encourage employers to do what they want to do.





    desi3933
    01-28 04:50 PM
    [/URL].....
    desi3933,

    Please refer [URL="http://www.laborimmigration.com/wp-content/uploads/2010/01/AILA-Memo-Seeking-Revokation-of-Neufeld-Memorandum.pdf"]AILA memo (http://www.laborimmigration.com/wp-content/uploads/2010/01/AILA-Memo-Seeking-Revokation-of-Neufeld-Memorandum.pdf) as they have already detailed the law points in it.

    Did you even read my post and the pdf link. BTW, pdf link refers to Aug 21st, 2009 much before this memo came out. Even if memo is withdrawn, how that is going to change the points agreed by the court?

    Here is the pdf link again
    http://www.uscis.gov/err/D2%20-%20Temporary%20Worker%20in%20a%20Specialty%20Occup ation%20or%20Fashion%20Model%20%28H-1B%29/Decisions_Issued_in_2009/Aug212009_09D2101.pdf

    I suggest that you go thru pdf links in my other posts for this topic. All these decisions refer to issues pertaining to H-1B working at the end-user client thru multiple layers. This memo does not make any difference that way. Like I said before, this memo just make the interpretation public knowledge.

    Why these H-1B cases have been denied in last years and why these denials were not reversed by appeal court? These answers should enlighten you.

    Just harping "illegal memo" does not change anything.

    ________________
    Not a legal advice.





    sobers
    02-20 12:23 PM
    Friends,

    I'm starting a new thread where I'll post research and stats that lend more credibility and/or support skilled, legal immigration. This should also be added to our presentation material for lawmakers!

    Thanks!

    -----------

    Starting off, here is a recent study by the influential Kauffman Foundation which clearly backs the rationale for expanding skilled, legal immigration...


    http://www.kauffman.org/news.cfm?itemID=678
    New Kauffman Foundation Study Identifies Key Factors Driving Offshoring of Corporate R&D

    Contacts:
    Wendy Guillies, Kauffman Foundation, 816-932-1046, wguillies@kauffman.org
    Tom Phillips, Communication Partners, 212-935-4655, comptwp@aol.com

    KANSAS CITY, MO, February 16, 2006 - Contrary to popular belief, it is intellectual capital and university collaboration, not just lower costs, that primarily attract companies to locate R&D activities in locations away from their home country, according to a new study sponsored by the Ewing Marion Kauffman Foundation. The study of more than 200 multinational companies across 15 industries, mostly headquartered in the United States and Western Europe, finds that emerging countries such as China and India will continue to be major beneficiaries of R&D expansion over the next three years as companies seek new market opportunities, access to top scientists and engineers, and collaborative research relationships with leading universities.

    The study was released at a meeting of the Government-University-Industry Research Roundtable (GUIRR) of the National Academies. It was conducted by Marie Thursby, Ph.D., Professor of Strategic Management, Georgia Tech College of Management, and Jerry Thursby, Chair of the Department of Economics, Emory University, with sponsorship by the Kauffman Foundation.

    Designed to identify and rank the importance of different factors feeding into the corporate decision-making process as to where to locate R&D facilities, the study also tracked R&D work coming into the United States from abroad, as well as R&D work going in the reverse direction; addressed favored countries for locating R&D work and why; and outlined trends industry expects for R&D expansion in the future.

    Among the top factors going into new R&D siting decisions in both developed and emerging countries are market growth potential, quality of R&D talent, collaboration with universities and IP protection. How these factors influence the decision, however, depend on whether the site is in a developed or emerging country. In neither emerging nor developed countries was cost consideration the most important factor, which runs contrary to what has been reported by the media (according to an analysis of media coverage over the past few years in The Wall Street Journal and New York Times on multinational R&D locations).

    Among the study's more surprising findings, according to the researchers, was the role university collaboration plays in the decision-making process for locating R&D facilities. In fact, collaboration with universities was particularly prevalent as a factor for expanding to emerging countries, even though these countries provide lesser degrees of IP protection.

    "The study underscores the critical role universities play in a country's national innovation system, not just in the training of new scientists and access to the best talent, but in the ease of developing and licensing technology," said Carl Schramm, president and CEO of the Kauffman Foundation.

    More than half of the corporate respondents who identify the United States as their home country report that they have either recently expanded or planned to locate R&D facilities in China and India vs. other developed countries. Of 63 Western European companies responding, 13 plan on expanding or locating new R&D facilities to the United States. The issue of collaborative research between universities and corporations has been a growing concern within the United States, with some observers saying legal wrangling over intellectual property rights is not only slowing the pace of innovation but also prompting companies to seek university research partners in other countries.

    The study indicates, however, that while the trend toward R&D offshoring to Asia will continue despite concerns over IP protection, companies are keeping their most cutting-edge research in developed countries where IP protection is the strongest. According to the study, only 22 percent of the R&D effort in emerging countries is for new science.

    "The United States would seem to have a comparative advantage in maintaining its innovative leadership through the high caliber of its scientists and its strong protection of IP," said Lesa Mitchell, vice president of Advancing Innovation at the Kauffman Foundation. "Industry and universities must be alert to removing obstacles to joint research, or emerging countries will overtake us in innovation breakthroughs, and the burst of discovery that has been driving our economy for the past half-century will be over."

    Another public policy implication of the findings, say the researches, is that the United States must focus on highly skilled worker immigration.

    "We are educating the best and the brightest, but make it impossible for them to stay in America and immigrate. We need major immigration reform that welcomes, instead of pushes out, highly skilled workers," said Dr. Marie Thursby.

    The Ewing Marion Kauffman Foundation of Kansas City is a private, nonpartisan foundation that works with partners to advance entrepreneurship in America and improve the education of children and youth. The Kauffman Foundation was established in the mid-1960s by the late entrepreneur and philanthropist Ewing Marion



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