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  • paskal
    07-03 09:51 AM
    ...that the system is severely backlogged and needs repair but to say it is unfair to limit the number of immigrants from one country does not make sense. Removing the per country limit would allow one or two countries to dominate the EB system because their high populations allow them to produce more skilled labor. So removing the per country limit would remove the "bias" off these countries and move it to the ones with lower populations; so, in essence the discrimination would be reversed? Maybe a point-based system that incorporates a per country score would be better?

    i think it's an interesting discussion, but what would you say to the argument that if immigration artificially inflates the numbers of small countries beyond their real populations and ends up penalizing larger countries. in other words it creates and artificial distribution favoring certain parts of the world...is that really the goal? is is good? s it fair? it's a monopoly in the reverse way- excess opportunity for an individual from certain countries.
    when the quotas were originally made, they had exactly that idea- and the motive was explicitly racist. times have changed. so should the antiquated laws.





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  • arsh007
    02-13 10:27 AM
    First off, you are looking for a bodyshop. A consulting shop. You would be the consultant if you are hired they would be the consulting firm.

    There is a website called http://www.desicrunch.com/ (Desi Crunch) that as reviews of most of Indian Consulting shops. Reviews are posted by individuals themselves so they would be reliable.

    Other than that you can look on Immigrationportal.com and search the name of the firm you are planning to join to check if there are any bad reviews.

    You have to be prepared to handle your job as a consultant and your job in handling your employer. There would be struggle every step of the way. Basics like giving paperwork tied to Immigration like H1, 140, labor is a big task. Mostly they dont want to share even xerox copies so that it becomes almost impossible for you to either switch jobs or retain priority dates. Expect to work at a much lower rate than what you would get as a permenant employee directly working for an American company. Expect to move across the country every few months from project to project, unless you are really really in demand and can get projects in city for longer times. Do not expect moving expenses. You are on your own. Whenever you quit, expect to miss your last 1 or 2 paychecks. They will come up with some excuse not to pay you. If you quit and if there is any bad blood between you and your employer, do not expect any letter of experience that you can use for future EB2 or EB3 Greencard petitions. They wont give you that. If they hire the Immigration lawyer, you will most likely never talk to the lawyer directly. It will be thru your employer only. And information will be presented to you in a way that makes you feel in bad shape and more dependent on the employer. "Your labor is in trouble". "there is an inquiry on your H1, 140". "Lawyer needs another 5,000 to respond to your inquiry or RFE which we would be more than happy to deduct from your paycheck".

    If you want to go thru all this, then yes, desi consulting firms would work for you.

    Granted that most desi companies follow the business practices described above. However there are some who are really professional, incorporate good business practices and ethics. However not every job or company is perfect. For example consider the following:

    1. Large US American Consulting companies (the so called direct vendors) treat you well, have less project travel, pay you on time, provide good benefits and have good business processes. However when the market goes south and you end up with no project for a prolonged period of time then a layoff is imminent. You loose the time invested in GC processing with the company and have to start from scratch. On the contrary a desi company is aware of the immigration dependencies and limitations of H1 holders and firing or layoff of an employee is the last item on their last.

    2. US Direct employer is pretty much the same as the direct vendors.

    The best option would be to check with friends and networking contacts about a particular desi company before joining. Another suggestion would be to research sites like www.desicrunch.com for additional information.





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  • sukhwinderd
    03-15 10:13 AM
    some you of have offered accomodation. i sent private messages, but i am unable to reach these individuals. people offering accomodation please email me directly with address/phone#/details of accomodation offered directly to 2011carpool@gmail.com

    time is short and i need to accomodate visiting members.





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  • vik352
    07-01 04:03 PM
    Hi,

    I feel that per country quota for EB green cards is ridiculous. A skilled worker from India and China has to wait for GC 10 years, whereas a person from ROW gets it in few years/months. I wish I had known all the delays/pains in GC processing before I started my career here. We should start an online petetion/a law suit to end this disciminatory quota and address it to President/all the congressman/all the media.

    Simple questions in the online petition/law suit:

    1) Do you think it is fair for a person from India/China to wait for 10 years whereas a person from other country gets it in few years?
    2) When there is no per country quota in H1B visas, do you think it is fair to have it in EB visas?
    3) Do you think it is fair to have the same quota for India/China compared to a small country?
    4) Everyone is aware of the legal immigration problems here, atlease try to make it same for everyone.

    Most of us are Ivy League or good college graduates and work in good companies. We can mention our names, school and company information in the petition. All those who don't agree with me, please dont respond.

    Can IV core come up with an online petition?



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  • yabadaba
    09-26 12:44 PM
    As needhelp said earlier, the damage is done. This is really shameful on the part of CNN. Maybe its a coordinated effort by the Lou Dobbs production team to equate our issues with H1B. This philosophy trickles down and freelance writers end up subscribing to that ideology giving betsy ross and her hateful group a nice platform for them to launch their attacks on us or spread even more misinformation.

    One thing I started doing was identifying texts in the comments section of any news article post related to high skilled immigration. It looks like ALIPAC or one of those hate groups have a concentrated effort for members to post the same message in the comments section of any media article that is sympathetic to our predicament. We need to identify these posters and the messages - maybe it all comes from one user posting the same set of stock messages with different names.





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  • johnifanx98
    04-04 03:48 PM
    You are confused on this. IEEE is against increase of H1B visas. They have never said anything about GCs. If they have, show me where.



    those who will feel abused are ones with advanced degrees from the US but did not get their H1B only to find someone from India has gotten an H1B. That person will feel abused because of the time (and maybe money) spent in getting the advanced degree.

    Yes. And this is not my definition. When H1B becomes a way to make money for those bodyshoppers, it's really abused.

    And I agree that it's also a abuse if an employer pay under-prevailing to a US master. But based on current situation, it's not that obvious. I think many ICC are going too far.



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  • 24fps
    02-13 02:47 PM
    LOL

    his choice of words was dramatic/wrong but it does'nt take away the fact the veracity of the article he's posted.

    i've been hearing about this for a while as well, and it needs to be debated/looked into





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  • drirshad
    07-01 09:08 AM
    AILA attorney message confirmation:



    Posted by alexberd (lawyer) 29 Jun 2007 1:18pm PST
    Potential Retrogression - news from AILA:

    On Monday or Tuesday of next week, State Department plans to issue a revised Visa Bulletin for July 2007. This revised Bulletin would retrogress some or all of the employment-based categories, very likely to the point of unavailable. Reports from AILA members about unusual levels and types of activities by USCIS indicate a particular push to adjudicate employment-based adjustments currently in the pipeline so as to exhaust visa numbers for fiscal year 2007.

    This follows the actions of USCIS in June, when it began rejecting EB-3 "Other Worker" adjustment applications even though the Visa Bulletin showed an October 2001 cut-off date, on the basis that the "Other Worker" numbers for the year had been exhausted.

    Alex Berd, Esq.
    AILA Member
    Berd & Klauss, PLLC
    44 Wall Street
    New York, NY 10005
    Ph: (212) 380-1291
    Fax: (212) 461-7153
    Skype: alex.berd
    Website: www.berdklauss.com



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  • alex99
    10-28 06:46 PM
    Please participate in the Poll





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  • keshtwo
    07-09 04:40 PM
    I hope this lawsuit fails. Looking ahead this lawsuit, if it succeeds might do us more damage than good. Law of unintended consequences states that something can happen we haven't thought of.
    Supposing, if lawsuit goes ahead and wins, one outcome might be - USCIS might start adhering to strict interpretation of 7% per country, or curtail spillovers drastically. Then we are in deep shit.



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  • SpookyH1Alien
    11-13 02:47 PM
    I am with you !! Lets do whatever it takes to get the spill over. Thats our only chance.





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  • chanduv23
    09-28 11:25 AM
    People are always prejudiced against something. If it is not race or ethnicity, it's country of origin, province of origin, class, gender, faith, or whether you are poor or rich. Even poor people have prejudices against rich people. And people tend to group with people who share their prejudice to fight against those who they are prejudiced against. It just makes life miserable for everybody.

    But at least when the two groups who are against each other are about the same is size, you will feel less pressure. If there are very few foreign professionals working among a largely native population, they will feel a lot of pressure.

    And thats exactly what is happening to us here. All these politicians are providing mere lip service to us and play their vote bank politics.

    This is very much a reason that we need to unite and rise. Our own people have prejudiced opinions among us, like fulltime jobs versus consulting companies. MS degree vs under grad, US educated vs non US educated, and it goes on - the more divided we are, the more issues we face because the community opposing us is higher in number and are voting public.

    If we do not unite and still continue to do things in small numbers, things will not change easily.



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  • Dhundhun
    07-12 08:02 PM
    I feel this move is to benefit EB-2 China, Since the EB1 and EB2 overflow are evenly distributed across china and india, ...

    As I understand overflow is not supposed to be evenly distributed. It is supposed to be distributed based on PD. So overflow make PD of all the countries taking benefit of overflow same.





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  • seahawks
    07-26 08:58 AM
    The underlying reason to stop cocurrent filing as I understand was non availability of visas and of course no proper system in place for FIFO. Well, my memory could be fading, but I think the reason was not to over use quota systems. Cocurrent filing was allowed, because there was a delay in processing time but the visas were available, now there is no delay in processing time, well i don't agree that is true, but visas are not available. There was no organized way within different centers in approving cases, some centers approved cases faster which meant, other centers did not have the visas available when they got their act together and so on.

    So, with check and balances, if you are not allowed to file 485 until visa numbers are available, they dont have to build in a checks and balances from their side of the equation on keeping track of that:).



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  • Canadianindian
    04-01 11:01 AM
    This is Sanjay Sood from NJ. I am also stuck in the retrogression process, and can be reached at hppdelhi@gmail.com. Sanjay





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  • sagar_nyc
    06-10 02:07 PM
    This is correct. EAD is based on pending 485 in most of our case. that's it.

    what the heck r u talking. i just renewed my EAD myself, no employment letter, no pay slip, no crap. Don't blabber if you dont know the details.



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  • shiva7
    05-26 11:54 PM
    It was Sunday when I got off the bus in Phoenix and CBP asked me for the papers. I was not carrying any leagal document with me at that time. They tried to get my info on their computer based on the info I gave them about me but they could not for misterious reasons. Ultimately they arrested me for not carrying papers with me and put me in jail. I spent horrible night in jail that Sunday. The next day Judge asked me more details and could find my data. They released me and warned me to carry such papers with me all the time.I never knew that I was supposed to keep a copy of the papers with me. I am just wondering who is supposed to notify us that we need to carry papers with us at all the times ?





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  • pcs
    01-16 12:47 PM
    Siva,

    Thanks for listening to the request of lazy guys like me ( who cooled off after making intial contributions )

    I will shoot some more on happy occasions like my Kid's birth day etc...





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  • ImmiLosers
    11-22 07:41 PM
    Document URL
    http://www.uscis.gov/files/pressrelease/afm_ch22_091206R.pdf

    PAGE 27
    (1) Determining the Priority Date.
    In general, if a petition is supported by an individual labor certification issued by DOL, the priority date is the earliest date upon which the labor certification application was filed with DOL. In those cases where the alien�s priority date is established by the filing of the labor certification, once the alien�s Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation. This includes cases where a change of employer has occurred; however, the new employer must obtain a new labor certification if the classification requested requires a labor certification (see the section on successor in interest).

    PAGE 28
    If an alien is the beneficiary of two (or more) approved employment-based immigrant visa petitions, the priority of the earlier petition may be applied to all subsequently-filed employment-based petitions. For example:
    Company A files a labor certification request on behalf of an alien ("Joe") as a janitor on January 10, 2003. The DOL issues the certification on March 20, 2003. Company A later files, and USCIS approves, a relating I-140 visa petition under the EB-3 category. On July 15, 2003, Joe files a second I-140 visa petition in his own behalf as a rocket scientist under the EB-1 category, which USCIS approves. Joe is entitled to use the January 10, 2003, priority date to apply for adjustment under either the EB-1 or the EB-3 classification:)

    It looks like law is not clear about revocation of I-140 or am I missing something





    frostrated
    09-10 02:54 PM
    My PD is March 2010 EB2 so i'm not even in this race yet but help me in understanding one thing.

    Was EB3 current in July 2007? If yes, I'm assuming atleast 95% EB3 folks have EAD and their spouse can work. The really big problem in post 2007 EB3.

    Since dates were current in July 2007, Eb2 and Eb3 can atleast enjoy EAD/spouse working benefits. Why do ppl complain when they have EAD etc whose PD is before 2007.

    smuggymba

    what happened to your earlier PD. I think it was in mid 2004 or so, correct?





    amitjoey
    08-11 10:21 AM
    Most of the Eb3's are either working for big companies who won't do GC in EB2 or not qualified for eb2 ( so called 3 year degree ) and enjoying all these years when they know clearly eb3 is not going any where ...what in the world prevent them to move up the ladder and porting their PDs ...They dont want to take any risk and just show their frustation in internet forums

    As some one in the forum quoted "There is a path of joy and there is the path of pleasure. Pondering on them, the wise (eb1 ,pre-approved labor and eb2 inorder ) chooses the path of joy; the fool takes the path of pleasure."

    Mr Path of Joy
    I am EB3 India working for a small company in construction design industry. I have enough experience, qualifications and degrees for an EB2. But it is not as simple as you make it sound.
    A major part- 8 out of my 15 year experience in this field has been with this employer and although my employer supports me, they are simply not hiring and have been having a difficult time since 2007. So, they cannot file for an EB2 Labor.

    I cannot change jobs, since my qualifications and experience will put me in a different job-description and title which I cannot because of how AC21 interprets the laws.

    So it is not as white and black as you make it sound. Most EB3 folks started their process way early in their careers and have moved on since. Some of us have been waiting for 10 years and have been in the country for 15 or more years.
    Some started during the last recession in 2001-2002 when EB2 was in scrutiny and dates were current for all, most employers and lawyers were touting the EB3 route.

    Anycase, I do not expect you to understand our situation. So continue speeding on your path of joy.



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