Vatives galleries

I do not believe that fixing the immigration issue is high on the presidential agenda - especially since the effort is to tie the illegal immigration with legal immigration package!!! We've spent all the money and time in doing the right thing and unfortunately, it looks like we'll be spending more money and make USCIS and Immigration lawyers' bank account fatter!!!

However, the take away from the debate is Obama seems to realize that immigration isn't responsible for all econonomic doldrums - atleast they realize that!!! And there are many legal immigrants who ended up being illegal for things out their control and lack of funds!!! In a way its good, but the bad news is legal immigrants have a long long way to go - and there is no telling when the tide will turn against us!!!

And in this slow economy, its hard to maintain the EAD status - given the dreaded USCIS policies on job changes!!!

You are right in that the donation would go towards the core IV funds. But if we resort to writing personal checks and What if it is short of the amount he spent ? Should he wait for months if not years to realize the amount he spent ? I think they should be compensated immediately from the core IV funds.


The donations that we make to IV will be part of the general corpus which will be used for lobbying. As one core member pointed out 99% of that fund is utilized for lobbying, I am guessing remaining 1% is spent on hosting IV website.

If you guys want to help Aman we could write a personal check favoring Aman. What do you guys think?

Why not? I know Bill clinton was hooked up to some Indian restaurants in DC/NVA.

Decent Indian restaurants in DC?? Are you kidding me? :p

Well, this should eliminate selling/misuse of labor certifications.

Your attoney should be able to defend your case based on you salary more than PW.

The GC process is for future employement, your bosses ability to pay exists since he has paid you more salary than PW.

Your employer may be making loss every year, but he is paying you more than PW. Now your salary in itself is an expense for employer, so the fact that he is paying you may be making his financials look a little weak in term of profit loss.


Look at other threads on RFE issues, and talk to your lawyer.
I think you are fine.

When it comes to "employment of beneficiary" in proving ability to pay, the employer should prove that he had paid the proffered wage from the time PD is established continuing until the beneficiary obtains permanent residence.

It doesn�t matter if he�s getting paid the proffered wage now. The employer should prove the same from the time PD is established.

I support this idea to have a funding drive to help Aman recover his financial losses. We can never thank enough for the time and effort that was put in. Its a pain we need to share. Celebrating and saying thanks to IV is nice. But contribution is only way to say thanks. Think about it if we had to file with new filing fee, we would have paid 3 times what we paid now. Its amazing and we are fortunate to have people like Aman, logiclife and other IV core have such selfless and sacrificing nature.

Have a separate fund raising to reimburse AMAN...
I'm travelling...I pledge 100$ towards this...

i agree with ash0210...there is a lot of "money" discussion going on lately.

The idea should be to convert thus-far-non-contributors to contributors - not to make closed forums - you wont expand the market that way. The 3 month trial idea is a good one - but people will find ways to abuse it also.

PS: I am a monthly contributor.

Hi
Can you please tell me who you addressed the letter to (letter to the president) - is it just the address given on the WH website. Did you send it to anyone's attention in particular. Thanks in advance for the info.

Write to Mr. Bush (no kidding). They will send an inquiry to FBI and you will get something from FBI NNCP (name check division). If that does not help, file a lawsuit against USCIS/FBI. Or you can file a lawsuit first and then write a letter to save some time. The lawsuit will get things moving. The do-it-yourself guide is located here:
http://en.wikibooks.org/wiki/FBI_name_check

visves, Longq, alisa...

We have a difference of opinion on how the law is interpreted....

I believe that visves interpretation is correct....But there is always a small chance that longq does followup with a lawsuit, USCIS would budge...

if longq wants to gather some EB2 India/China and have a crack at suing USCIS as a personal level....( i.e.not using IV's resources).....I guess no one can stop him...I am EB3/India....So that suing does not benefit me anyway...

The common denominator for all of us is increasing the total numbers......


If members want to pursue certain things on their own at personal level..I cannot do anything ...after all it is a free country...


There are other quirky ways the law is getting interpreted. Why are India, China, Phil, Mex singled out in the Visa bulletin and reported separately? Where I work there are as many Russian programmers as Indians and Chinese. Judging from how long it is taking my Russian colleagues to get their green cards even they are retrogressed because it takes them more than 5 years. But because they are bunched with ROW, they are Current in EB2 and can apply for 485 and their spouses can get EAD and work.

If it is only 2800 visas per category per country.. lets be real.. even UK, Pakistan and other countries will be sending more than that number per year. But they are all bunched in EB2 ROW and can happily apply for EAD for their spouses. Not only that, they can even participate in the diversity visa lottery from which we are excluded.

The problem is that we are trying to ask for too much and nothing will happen. First we have to get them to be transparent about how they interpret the law and make them release more data. We dont even know if we are being treated fairly. It is also unacceptable that we dont know how long we have to wait before our spouses can work. If we dont have correct data what are we actually fighting for?

In my view H1B problem is directly related to Retrogression problem. Lets step backwards and analyze this.

Why so many GC were applied at the first place that caused retrogression. Because a large number of people came on H1B to US. All these people who came to US on H1b did not actually had any extraordinary skills. These people somehow got in touch with these Desi Consulting companies and came here without any skill and without any projects. These desi consulting companies applied there GC irrespective of the fact that these guys have a job or not. Some of the people I know have sat on bench for years, living with their relatives, unable to get any job. But they had their labour filed. These knid of people would not have made to US, if these fadudent companies were not there.

Also big companies, have a policy not to apply GC before one year of service. The point was that these companys will file GC only if they feel that the employee adds value to the company. But with these desi companys people have filed GC even before joining the companys.

In essence if the GC process was working without these Desi companies, I can bet that the number of GC applied would have been much lower than what have we currently have.

Substituted labor has further added to this problem.


H1B problems have nothing to do with retrogression.

If H1B employees are being mistreated by a certain class of employers, then what does that have to do with shortage of visa numbers?

Nothing.

Misuse and abuse of H1B program did not cause retrogression. And if the abuse ends, its not going to end retrogression. The H1B program does provide ammunition to anti-immigrants to use that paint-brush and paint the entire program of H1B and Employment based GC as bad. Fortune 500 companies dont engage in unethical behavior. The TCS, Wipro etc maybe do that. Small bodyshops certainly do that. I am yet to see a small body-shop, operated by a citizen of foriegn origin, working by the book and treating employees well.

But all said and done, these things make our life more difficult and exacerbate the situation that arose from retrogression. However, these things didnt cause retrogression.

At the most, these issues of H1B abuse may have provided support to some groups in keeping the H1B quota down. However, it has nothing to do with EB quota. In fact, IEEE-USA advocates bringing down H1B quota and RAISING the employment based GC quota, in order to remove factors that encourage employer abuse.

First off, any DOL complaint don't need u to be here to continue with the investigation. The way it works is, u tell them ur entire story and leave. They'd take their time to investigate using all the documentation u'd have provided them, and in the end if ur employer was found guilty, they might still let him off the hook giving him a warning. There's really no guarantee that ur employer wud be found at fault unless they find more employees lodge complaints against him. U might be the only one.

Anyhow, u can give it a shot and see what happens as u have nothing to lose. I know that ppl hv tried this b4 without much luck. Employers hire attorneys to save them from such situations. Ur employer closing down shutters is a far fetched thought...just saying...US laws are quite tricky.

H1 transfer at this point may not really work for u as u dont hv paystubs. Sorry, its a bad situation to be in. I understand u paid from ur pockets to come here and it sucks - Good luck!

@Snathan how did you know he didn't call me here , are you one of the consultants yourself who does this filthy work of cheating people.

I guess it was my employers discretion to make me sit home with him just not responding to my mails, i couldn't barge in to his office and say hey give me desk to work on? can i ?

Anyways looking at the LCA agreement i think you don't seem to know what you are talking about, I am here holding his company's name on my H1B form , His agreement on LCA and his employment letter, i dunno if there is any other way i could make inroads into barging into his office?

Now if he puts a security guard against me entering his office, shouldn't i report this to DOL too?

for options trading...is there any site you will suggest which provides daily alerts???

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.

sree & ilikekilo,

Thank you both for your response. I've expressed my concerns to attorney and she is checking it. I'd take infopass and verify also.

Thanks,
Seyed

Read this one.

http://www.informationweek.com/news/showArticle.jhtml?articleID=199701487&pgno=1&queryText=

Oracle clearly said that if they can not bring people here, they will send work to one their global offices.

As with the proposed bill Microsoft and others will be labeled "H1B dependent employer"

Most of the big firms Oracle, MICrosoft, Lehman etc..all the big ones are full of H1B people. ..

http://www.visi.com/juan/congress/

Once the Break is Over in 2nd week of September, We all should call members of congress , as many as possible, to get their Support for Visa Recapture Bill. If that bill passes, it will help all the EB categories.

Chances of this bill passing through all the steps are very slim in this year.

There is nothing to enforce. If there is any, they would have enforced long back. It is too broad. But increasing fees won't make any sense. They have to correct the law, not imposing higher fees to everyone.


1.Audit the companies that are suspected to abuse the H1B program i.e. enforce the laws that are already in existence.

2.Impose heavy fines on these companies.

3.Use this money to cover the costs of auditing and enforcing the laws.

How will raising the H1B fees for everyone in a blanket fashion address the current "abuses"?

You are right, it is very hard to digest, even for you, who seems to support it. And, if I may add, your example it too "complicated" for me. Try giving easy example for me, I am kind a slow, maybe I should get some "preferential treatment". Yes, that's the word, "preferential".

Country quota is NOT affirmative action, nowhere even close. If you are socio-politically dominated by Indian or Chinese, yes, then it is affirmative action. But if you do not come from a place there Indian and Chinese imperial powers have taken over the country, then how are you socio-politically dominated by Indian or Chinese. And if you are not dominated by Indian or Chinese in the country where you came from, then how could it be "like" affarmative action.

Maybe you yet don't know, but Indian and Chinese EB applications cannot vote and they do not have any representation in the US government. So its not that you are "not properly represented" and Indian and Chinese have all the representation. WE ALL HAVE NO REPRESENTATION. Just so that its clear.

Your next argument is that you are "overwhelmed" by Indian and Chinese so there should be country-limits. Well, I can understand that, we are very overwhelming people. You see 40% of the world population gets 14% green card, we tend to become "overwhelming" for other.

Observation: Each time, I reply to each and every part of your post. But you totally ignore what I write. You did not answer whether you think you are equal? inferior? or superior? That is the question. Hope you answer that.

Quota system treats everybody anything but "equal". And this is not just the question of equality, because I am sure you agree that we are equals. It is the question of PREFERENTIAL TREATMENT. You are in the category getting preferential treatment, so you oppose any change, you "create" arguements that you were "promised" a system when you came, and thus any change to the system, before you get your green card would be WRONG and UNFAIR. So you should continue to get that PREFERENTIAL TREATMENT. And PREFERENTIAL TREATMENT to you is NOT WRONG AND UNFAIR. Right?

BTW, hope you liked the You tube video, Frank is really good. I do not want you to go, so that's why I posted the video. Hope it helped you to stick around. Now don't say you have the right to watch it 5 times and I can watch it only once because I am from India and you are ROW :D

Cheers,

I did answer you question, though not explicitly. I hinted that all of us are equal. And BTW: I am an Indian!! (with India as my chargeability area).

Everybody: no posts about frogs pulling down frogs, alright. This discussion is anything but.

And Thanks for the vid post. I am a sucker for comedy (anything to get out of the tragedy that is GC process).

I disagree with the earlier comment. I don't agree that any one(including EB3) lost due to July 2007 visa bulletin. sure it was haphazard by the way it was handled, but thousands of well qualified applicants from many retrogressed countries had a chance to file their I 485 and were able to obtain well deserved benefits like EAD, AP or themselves and their dependants which thy have been denied for many yearsdue to the inefficient processing of various agencies. people have to realize that all of us are in the same boat and most of the people getting unfair treatment are from the retrogressed countries waiting for their green cards for 8-9 years

signed

Anybody got any idea on my situation?

Deba I am in the same boat as you.....Did not get very clear information till date. But what I have heard is you can travel on AP, get married as long as you have "a" H1-B stamp even if its expired in your passport it should be OK for your wife to apply for H-4 using the latest I 797 approval notice.

To be on the safe side though I am personally considering going for stamping as I dont have much time to wait for an AP as my PD is July 02 and I feel I might get my GC real soon :-)

They are in recess.. will HR5882 come up after lunch.. I m on west coast,. so i dont know what has already taken place.. can someone pl let us know here..thanks