sroyc
02-12 08:44 PM
I don't think Abhijit chose the right analogy, so your response to that makes sense.
India and China are not sending multiple skilled-immigrant teams to the US. They have come here on their own either to work or study and they are being hired by American companies on the basis of merit, same as everyone else.
Other than the fact that there is a large talent pool of high-tech workers in India and China, there's nothing that stops them for hiring more skilled immigrants from other countries.
If the US truly believes in a quota system for employment based immigration, it should reflect in the workforce first. Enforce the quota system while issuing F1/H1 visas. Then you will also ensure true diversity (only among immigrants) in the workforce.
What you have is two classes of immigrant workers in the same company - those who belong to retrogressed categories and those who are not, with similar qualifications and with similar roles. The difference is that in a few years, the workers who get the green card sooner will have the ability to pursue other opportunities while the other class of workers grind away. With the current scenario, a future colleague from a ROW country can join 6-8 years after me and still get the green card ahead of me. How can you say that it is not discrimination?
If you remove the per country quota, the ROW candidates might have to wait for 3 years instead of 1, but the Indian/Chinese candidates will have to wait for 3 years instead of 8-10. I don't think removing the per country quota will harm ROW folks as much as it'll benefit Indians and Chinese AND it'll ensure fairness.
Per country limit applies to every country in exactly the same way. It doesn't discriminate between Chad or China. So, how is it discrimination? And think about it- in Olympics soccer/basketball every country can send only one team. Should China and India be allowed to send more teams since they have a larger population? We should try to increase the number of GCs.
India and China are not sending multiple skilled-immigrant teams to the US. They have come here on their own either to work or study and they are being hired by American companies on the basis of merit, same as everyone else.
Other than the fact that there is a large talent pool of high-tech workers in India and China, there's nothing that stops them for hiring more skilled immigrants from other countries.
If the US truly believes in a quota system for employment based immigration, it should reflect in the workforce first. Enforce the quota system while issuing F1/H1 visas. Then you will also ensure true diversity (only among immigrants) in the workforce.
What you have is two classes of immigrant workers in the same company - those who belong to retrogressed categories and those who are not, with similar qualifications and with similar roles. The difference is that in a few years, the workers who get the green card sooner will have the ability to pursue other opportunities while the other class of workers grind away. With the current scenario, a future colleague from a ROW country can join 6-8 years after me and still get the green card ahead of me. How can you say that it is not discrimination?
If you remove the per country quota, the ROW candidates might have to wait for 3 years instead of 1, but the Indian/Chinese candidates will have to wait for 3 years instead of 8-10. I don't think removing the per country quota will harm ROW folks as much as it'll benefit Indians and Chinese AND it'll ensure fairness.
Per country limit applies to every country in exactly the same way. It doesn't discriminate between Chad or China. So, how is it discrimination? And think about it- in Olympics soccer/basketball every country can send only one team. Should China and India be allowed to send more teams since they have a larger population? We should try to increase the number of GCs.
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Lasantha
02-13 11:19 AM
There's no POW at least where this topic is concerned. Somebody said that as a joke. ROW of course as Chintu said is Rest Of the World
What is ROW and POW, please? I have seen both used in several posts (I am hoping POW is not Prisoner of War:)) Still learning the immigration lingo!
What is ROW and POW, please? I have seen both used in several posts (I am hoping POW is not Prisoner of War:)) Still learning the immigration lingo!
paskal
12-14 05:55 PM
it's clear as pointed out above that we peters and pauls here.
iv is not striving to remove country qiota in isolation.
that said, those who benefit will always justify it. it is human.
my personal view remains the same: discriminating between two individuals by country of origin is wrong. period.
thie country recognizes that fact in EVERYTHING, except immigration, and that has a long history of fear and restriction behind it.
i guess until one feels the effects of being on the "wrong side of the fence" it's hard to see this picture.
meanwhile this is going too far and i will close this thread forewith. wake up people - there is barely any difference in EB3 india and ROW...so what's the deal with swamping? and if one country gets more GC numbers...maybe ...horrors...it's because it has more applicants???
those who support this "diversity" crap- you will find your own "quotas" somewhere sometime someday for sure. then please remember that it's ok to take away from you and give others for any chosen reason....
i get the last word. sorry! :-)
iv is not striving to remove country qiota in isolation.
that said, those who benefit will always justify it. it is human.
my personal view remains the same: discriminating between two individuals by country of origin is wrong. period.
thie country recognizes that fact in EVERYTHING, except immigration, and that has a long history of fear and restriction behind it.
i guess until one feels the effects of being on the "wrong side of the fence" it's hard to see this picture.
meanwhile this is going too far and i will close this thread forewith. wake up people - there is barely any difference in EB3 india and ROW...so what's the deal with swamping? and if one country gets more GC numbers...maybe ...horrors...it's because it has more applicants???
those who support this "diversity" crap- you will find your own "quotas" somewhere sometime someday for sure. then please remember that it's ok to take away from you and give others for any chosen reason....
i get the last word. sorry! :-)
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hopefulgc
05-29 03:38 PM
IV needs to bring up Charles to the podium and have him answer our questions.
Why?
Because his statements do not make numerical sense.
If he cannot answer our questions, we need someone else to take his job who can.
I am pissed.. are you?
I think as someone said this guy was randomly throwing numbers out there. How come his analysis does not account for remaining 36K EB1 and EB2 ROW applications. Is he suggesting that all EB1 and EB2 ROW are being used up also. Very hard to believe that for 2008 and 2009 with the way the economy is going. Lot of product companies where most of the ROW 485s would likely come from have stopped applying perm since last summer. There is a huge flaw in this analysis and its not as pessimistic as it seems.
BUT, then again we need legislation to wipe the slate clean and clear these 200K applications, so there is a new build up of visa demand and wait times are tolerable for current applicants and future applicants.
Why?
Because his statements do not make numerical sense.
If he cannot answer our questions, we need someone else to take his job who can.
I am pissed.. are you?
I think as someone said this guy was randomly throwing numbers out there. How come his analysis does not account for remaining 36K EB1 and EB2 ROW applications. Is he suggesting that all EB1 and EB2 ROW are being used up also. Very hard to believe that for 2008 and 2009 with the way the economy is going. Lot of product companies where most of the ROW 485s would likely come from have stopped applying perm since last summer. There is a huge flaw in this analysis and its not as pessimistic as it seems.
BUT, then again we need legislation to wipe the slate clean and clear these 200K applications, so there is a new build up of visa demand and wait times are tolerable for current applicants and future applicants.
more...
soma
02-14 03:34 PM
If lawsuit/court cannot make USCIS use the numbers, how can USCIS admin fix do this?.. I am not fighting here (I sent my letters already!!!)...this just came to my mind...
same thing crossed my mind too...then how does the letter campaign help(I sent my letters too)!!
same thing crossed my mind too...then how does the letter campaign help(I sent my letters too)!!
EndlessWait
07-10 11:36 AM
bbye monseiur!
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sidbee
01-22 03:46 PM
Murthy.com explains the effects of the memo.
MurthyDotCom : H1B Memo on Employer-Employee Relationships and 3rd-Party Placements (http://www.murthy.com/news/n_e-erel.html)
MurthyDotCom : H1B Memo on Employer-Employee Relationships and 3rd-Party Placements (http://www.murthy.com/news/n_e-erel.html)
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siddhu98
08-17 10:12 AM
EB2 India - PD June 2006
Currently on H1B and have I797 - I-94 until Oct 2010.
Visa Stamp Expired June 2006.
EAD approved for me and wife. My wife is using EAD.
---------------------------------------
Family went to India last year June and returned to US on July 2007 before we applied I485 on Aug 2007.
Both my wife and son came on H4. Since my son�s passport is expiring Jan 2009, I94 is given only until Jan 2009 at the POE, though he has H4 Visa stamped until OCT 2010.
Upon arrival we applied I-485 on Aug 2007. Also I131 AP applied for my wife and son on Mar 2008 and approved on Apr 2008.
Now, I am applying his passport renewal. My questions are,
1. Since his I94 is expiring Jan 2009, do we need to go out of the country and come back OR validate his I94 here itself.
2. If he has to go out of the country, can we use H4 visa stamp and get I94 until 2010 or use AP.
3. If we can validate the I94 here, what is the procedure?
Thank you for addressing our questions/concerns.
Currently on H1B and have I797 - I-94 until Oct 2010.
Visa Stamp Expired June 2006.
EAD approved for me and wife. My wife is using EAD.
---------------------------------------
Family went to India last year June and returned to US on July 2007 before we applied I485 on Aug 2007.
Both my wife and son came on H4. Since my son�s passport is expiring Jan 2009, I94 is given only until Jan 2009 at the POE, though he has H4 Visa stamped until OCT 2010.
Upon arrival we applied I-485 on Aug 2007. Also I131 AP applied for my wife and son on Mar 2008 and approved on Apr 2008.
Now, I am applying his passport renewal. My questions are,
1. Since his I94 is expiring Jan 2009, do we need to go out of the country and come back OR validate his I94 here itself.
2. If he has to go out of the country, can we use H4 visa stamp and get I94 until 2010 or use AP.
3. If we can validate the I94 here, what is the procedure?
Thank you for addressing our questions/concerns.
more...
la6470
01-16 02:37 PM
The fact is , as I perceive it to be , is that when this country needed the IT consulting industry to boom (pre dot com and a few years thereafter) they allowed consulting companies to send their employers to the client site (I dont understand how else a consulting firm can operate). However now the situation is changed and as per some misguided folks in USCIS going after the h1b consulting companies will DRAMATICALLY improve the job market for locals here. However the truth is that it is not going to help the locals. With the introduction of cloud computing, widespread broadband penetration around the globe and the software as a service model - the services will simply shift to the most optimum location. You can allready see it happening - just go to elance.com or guru.com and you will see small (1-10) person companies based in India and Russia earning more than half a million USD per year. At the end of it - these are nothing but misguided efforts by a prehistoric government agency that is governed by archaic rules that are irrelevant in today's world.
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breddy2000
09-24 06:09 PM
If you see the numbers for EB2 ROW there are still 7000 visas pending.
Offcourse many are from 2007 and 2008
How is it possible?Is it not EB2 ROW and EB1 was always current?
1997 1
1998 3
1999 1
2000 11
2001 47
2002 67
2003 69
2004 219
2005 493
2006 973
2007 1,531
2008 3,473
2009 262
Grand Total 7,150
Also EB1 has the following data
1997 4
1998 1
1999 0
2000 1
2001 32
2002 57
2003 32
2004 29
2005 41
2006 135
2007 537
2008 898
2009 710
Grand Total 2,477
Does this mean this data is not accurate as of date. So if it means that all of those applications are approved as of today there are no more EB2 ROW 485 applications pending for FY 2010 apart from the recently filed in PERM stage?
Offcourse many are from 2007 and 2008
How is it possible?Is it not EB2 ROW and EB1 was always current?
1997 1
1998 3
1999 1
2000 11
2001 47
2002 67
2003 69
2004 219
2005 493
2006 973
2007 1,531
2008 3,473
2009 262
Grand Total 7,150
Also EB1 has the following data
1997 4
1998 1
1999 0
2000 1
2001 32
2002 57
2003 32
2004 29
2005 41
2006 135
2007 537
2008 898
2009 710
Grand Total 2,477
Does this mean this data is not accurate as of date. So if it means that all of those applications are approved as of today there are no more EB2 ROW 485 applications pending for FY 2010 apart from the recently filed in PERM stage?
more...
yabadaba
06-27 03:21 PM
awesome reply! I still have the color question open to macaca. now instead of red blue/bold/non bold he has started using green also. either he is color blind or i am going to end up color blind when i read the news article thread
maybe i should wish that i was color blind
maybe i should wish that i was color blind
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John333
07-26 05:20 AM
Dear Attorney,
I have an approved H1B petition, but was given 221(g) during consular interview due to lack of license to practice my proffession in US. They instructed me to submit the license within one year to stamp the H1B visa.
Now I am comming to US on a Visitors visa to write the licensing exam and to get licenced.
I am aware of the aware of possibility of changing status from Visitors visa to H1B after getting licence without leaving US, since I already have an approved
H1B.
But I came to know that USCIS will take around 90 days to approve status change from Visitors visa to H1B.
Kindly clarify whether I can start working for my H1B employer immediately after filing status change with USCIS, or do I need to wait till the approval, to start working.
Also do I need to include 221(g) I received after my H1B consulate interveiw for the status change application.
Thank you very much in advance.
I have an approved H1B petition, but was given 221(g) during consular interview due to lack of license to practice my proffession in US. They instructed me to submit the license within one year to stamp the H1B visa.
Now I am comming to US on a Visitors visa to write the licensing exam and to get licenced.
I am aware of the aware of possibility of changing status from Visitors visa to H1B after getting licence without leaving US, since I already have an approved
H1B.
But I came to know that USCIS will take around 90 days to approve status change from Visitors visa to H1B.
Kindly clarify whether I can start working for my H1B employer immediately after filing status change with USCIS, or do I need to wait till the approval, to start working.
Also do I need to include 221(g) I received after my H1B consulate interveiw for the status change application.
Thank you very much in advance.
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senthil1
06-15 11:54 PM
Outsourcing is bad for not only for US citizens but also for future H1bs and GC aspirants also.
Still all the jobs cannot be outsourced. Also if that would have been the case I would have been out of job. But My salary was increasing steadily and in this tough economy also I was able to get a new job with 20% rise in pay after I lost job . There are many companies in USA who are only hiring USA citizens and discouraging outsourcing. Wherever I was working I discouraged those companies from outsourcing but encouraged them to hire h1bs ,GC holders or US citizens. Many start up companies in California cannot afford to do outsourcing because of tight release schedules.
dilipcr,
Please wake up from your dream. No matter how you want it, outsourcing won't go away.
Outsourcing companies will always provide a lower cost to client as long as dollar is valuable than rupee ( or any other developing world currency).
They can do this by one of the following ways.
Use L1s for client site assignments. Some of these maybe illegal. Still they do it. Client is happy, outsourcers are happy.
Let us say everybody complains to ICE about this and L1 visas are unavailable for outsourcers. Their next strategy is to change the ratio of onsite resources to offshore resources. Again they will offer a cheaper solution to client. For executing a project in onsite/offshore model they don't need all these L1 guys here. They just need a few managers and maybe some team leads. They can execute the project with minumum resources onsite. Company and client wins again. The only reason they place so many resources onsite is to charge the client at dollar rate.
If US wants to prevent offshoring they have to ban offshoring explicitly. Doing so will go against the WTO rules.
To summarize, outsourcing cannot be stopped. Salary levels will always go down with time.
Still all the jobs cannot be outsourced. Also if that would have been the case I would have been out of job. But My salary was increasing steadily and in this tough economy also I was able to get a new job with 20% rise in pay after I lost job . There are many companies in USA who are only hiring USA citizens and discouraging outsourcing. Wherever I was working I discouraged those companies from outsourcing but encouraged them to hire h1bs ,GC holders or US citizens. Many start up companies in California cannot afford to do outsourcing because of tight release schedules.
dilipcr,
Please wake up from your dream. No matter how you want it, outsourcing won't go away.
Outsourcing companies will always provide a lower cost to client as long as dollar is valuable than rupee ( or any other developing world currency).
They can do this by one of the following ways.
Use L1s for client site assignments. Some of these maybe illegal. Still they do it. Client is happy, outsourcers are happy.
Let us say everybody complains to ICE about this and L1 visas are unavailable for outsourcers. Their next strategy is to change the ratio of onsite resources to offshore resources. Again they will offer a cheaper solution to client. For executing a project in onsite/offshore model they don't need all these L1 guys here. They just need a few managers and maybe some team leads. They can execute the project with minumum resources onsite. Company and client wins again. The only reason they place so many resources onsite is to charge the client at dollar rate.
If US wants to prevent offshoring they have to ban offshoring explicitly. Doing so will go against the WTO rules.
To summarize, outsourcing cannot be stopped. Salary levels will always go down with time.
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Jerrome
05-11 04:45 PM
This is totally correct!!!
Also I would like to ask the posters here who say that SL tamils are discrimanated, can you please post the things that a SL Tamil is NOT allowed to do in Sri Lanka that a Sinhalese is allowed. I am curious to know what they are. :D
Read this report if you have time. This will tell you why the problem in SL will be there for ever. Again i am not supporting LTTE.
If SL does not change then someone else will come even if there is no LTTE.
http://tamilnational.net/images/2009/april/Asia/TamilNational_Genocide_Part_I.pdf
Also I would like to ask the posters here who say that SL tamils are discrimanated, can you please post the things that a SL Tamil is NOT allowed to do in Sri Lanka that a Sinhalese is allowed. I am curious to know what they are. :D
Read this report if you have time. This will tell you why the problem in SL will be there for ever. Again i am not supporting LTTE.
If SL does not change then someone else will come even if there is no LTTE.
http://tamilnational.net/images/2009/april/Asia/TamilNational_Genocide_Part_I.pdf
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reddymjm
09-23 03:30 PM
Sending link to TX chapter now.
RandyK (or any one from MI chapter) Can you send a link to Mi chapter too. I already fwded the link to friends at work.
RandyK (or any one from MI chapter) Can you send a link to Mi chapter too. I already fwded the link to friends at work.
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chanduv23
02-13 12:16 PM
its been a while i read the forums..
well... well !! chandubhai finally cooled down and talking wisdom :-)
well "the intent is the same" :) just following some wonderful advices from some good samaritans :)
But I will always stand on what I would like to see - What I want to see is UNITY among the community and I will be more happy if more and more people stand up and support the efforts.
well... well !! chandubhai finally cooled down and talking wisdom :-)
well "the intent is the same" :) just following some wonderful advices from some good samaritans :)
But I will always stand on what I would like to see - What I want to see is UNITY among the community and I will be more happy if more and more people stand up and support the efforts.
more...
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Macaca
06-27 06:52 AM
this depends on the number of approvals and not on the number of applications received. Even if there are tons of applications received, unless there are enough approvals happening simultaneously, dates would not retrogress in the middle of the month.
USCIS had approvals before dates moved. USCIS knows the number of such approvals.
These approvals are getting GC before approval of current applicants. If earlier approvals use up quotas, retrogression does not have to wait for current approvals.
USCIS had approvals before dates moved. USCIS knows the number of such approvals.
These approvals are getting GC before approval of current applicants. If earlier approvals use up quotas, retrogression does not have to wait for current approvals.
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_TrueFacts
09-04 11:00 AM
What you have mentioned is the only good thing Mr. Backstabbing Naidu did. rest of AP is like Hell except Hyd... Govt employees pensions on the
Timberlake,
I am not denying that during CBN�s tenure there was no corruption. You pointed out that there were some developments, like software industry.
But for you, any politician is a politician and you can live corruption. My picking on YSR does not mean I support CBN.
What YSR did, from a common man�s perspective: I am benefited, why should I care how the rest of the world, AP and India goes? But he doesn�t realize that, once he comes out his house, it�s all corruption, killings, land grabbing.
Yes, allocation of lands for SEZ�s was started by CBN and YSR gave it a new color by inc fictitious corporations and started getting free land in the name of those SEZ�s everywhere in AP.
Timberlake,
I am not denying that during CBN�s tenure there was no corruption. You pointed out that there were some developments, like software industry.
But for you, any politician is a politician and you can live corruption. My picking on YSR does not mean I support CBN.
What YSR did, from a common man�s perspective: I am benefited, why should I care how the rest of the world, AP and India goes? But he doesn�t realize that, once he comes out his house, it�s all corruption, killings, land grabbing.
Yes, allocation of lands for SEZ�s was started by CBN and YSR gave it a new color by inc fictitious corporations and started getting free land in the name of those SEZ�s everywhere in AP.
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satyasaich
01-14 09:56 AM
My take is BODY SHOPPING is killed.
H1Bs can work at direct employer or as an employee of direct vendor at off site.
No more small consulting firms sending resumes to direct vendors. May be in long term its good for H1Bs.
Mostly Desi consulting firms will get hit. Outsourcing companies like TCS,Infosys are direct vendors to big clients. They will OK ..
Not just desi consulting co's who makes money just by passing on resumes with a status of 'preferred vendor' / 'partner' etc; but also just look what the big names like Tek systems, Kforce, MOdisIT etc are doing ? they also should be brought to justice in this shameless game of layering / commission based on business . just do not blame only desi co's
needless to say worst business practices of big 5 from india and i'm not supporting them in any manner, but my point is these american blood sucking layers also should be gone.
H1Bs can work at direct employer or as an employee of direct vendor at off site.
No more small consulting firms sending resumes to direct vendors. May be in long term its good for H1Bs.
Mostly Desi consulting firms will get hit. Outsourcing companies like TCS,Infosys are direct vendors to big clients. They will OK ..
Not just desi consulting co's who makes money just by passing on resumes with a status of 'preferred vendor' / 'partner' etc; but also just look what the big names like Tek systems, Kforce, MOdisIT etc are doing ? they also should be brought to justice in this shameless game of layering / commission based on business . just do not blame only desi co's
needless to say worst business practices of big 5 from india and i'm not supporting them in any manner, but my point is these american blood sucking layers also should be gone.
Macaca
01-18 08:16 PM
I hope that this memo is not mis-used to affect the good apples, that's it.
If employer can not directly control/supervise his employee's work and then H1B new petition/extension may not be approved.
Why is an "apple" bad if employer does not direcly supervise him/her but good if employer directly supervises him/her?
BTW, "apple" is not an Indian symbol. Moira Herbst considers curry as an Indian symol. But we can use "mango" if curry riles Indians.
If employer can not directly control/supervise his employee's work and then H1B new petition/extension may not be approved.
Why is an "apple" bad if employer does not direcly supervise him/her but good if employer directly supervises him/her?
BTW, "apple" is not an Indian symbol. Moira Herbst considers curry as an Indian symol. But we can use "mango" if curry riles Indians.
deafTunes123
08-02 06:54 AM
I don't think that search is giving the accurate info. I know at least 10 Amway guys by name in my neighbor hood (you can guess how many... many... times I've been tortured) and none of their names is appearing. May be it is giving the names of those silver or what ever their hierarchy is.
Its a good info to catch and hopefully its useful.
Guys! This is getting interesting. Guess what I found!! Now you can find out the names of your local friendly Amway Independent Business owners!!!
Go to https://www.amway.com/Shop/Registration/CustomerRegistration.aspx?Country=US
Scroll down to the section titled "Benefits of Being Affiliated with an Independent Business Owner", select "Show me a list of IBOs in my area that I can select from".... put your zip code and voila!!!!
I put my own zipcode 94536, and most of the names are desi. Confirms my suspicion that there are more desi's sucked into this than........
Now post what you find in your area!
Its a good info to catch and hopefully its useful.
Guys! This is getting interesting. Guess what I found!! Now you can find out the names of your local friendly Amway Independent Business owners!!!
Go to https://www.amway.com/Shop/Registration/CustomerRegistration.aspx?Country=US
Scroll down to the section titled "Benefits of Being Affiliated with an Independent Business Owner", select "Show me a list of IBOs in my area that I can select from".... put your zip code and voila!!!!
I put my own zipcode 94536, and most of the names are desi. Confirms my suspicion that there are more desi's sucked into this than........
Now post what you find in your area!
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