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  • chanduv23
    04-12 03:20 PM
    Yes, we are all in trouble because of consultants. Nice attitude.

    I can say that I am in trouble because of everyone else in the queue of 500,000 highly skilled H1 and L1 people waiting for GC. Everyone else other than me and my family is causing trouble for me.

    If all others in the queue were to vanish or die somehow,my PD would become current and I can file for 485.

    Isnt that the attitude of IEEE-USA. We are in trouble because of competition from Indian and Chinese professionals.

    They have a problem with Indian and Chinese engineers whether they come here, or dont come here. They have problem with H1B, they have a problem if they dont come here and merely work on jobs in India and China that are outsourced from here to there.

    Just like IEEE-USA has problem with existence of competition, you have problem with the existence of consultants because that sub-community within this community is also asking for Greencards. And your solution is to eliminate competition.

    Consultants can say the same thing...that we are in trouble because of these perm-fulltime jobs holders who stick to one job for 10 years and we have a problem with that.

    How can you justify, with reasonable objective arguments that perm-fulltime jobs holders should be ahead of the queue from consultants and they are more deserving candidates for Greencard than consultants? I am not a consultant myself but I'd like to hear your reasoning behind this. Dont tell me crap that consultants pad their resumes. Everyone does it. Whether its consultants or perm-fulltime jobs holders, and whether its H1B or citizens, EVERYONE who is desperate for a job would pad his/her resume. You would do it too if it meant getting yourself away from filing bankruptcy.

    I have worked in both capacities, as consultant and as FT. I did FT for 5 years and got fired and moved to consulting and am doing good here. So I am kinda balanced on this issue.
    It is no one's fault. We all followed the system properly and did not break any law. So it does not make sense to blame felllow immigrants.




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  • Macaca
    05-09 05:50 PM
    China’s America Obsession
    Why Osama bin Laden's death is making Chinese leaders nervous. (http://www.foreignpolicy.com/articles/2011/05/06/china_s_america_obsession)
    By JOHN LEE | Foreign Policy

    In Thursday's edition of China's Communist Party-owned Global Times newspaper, the lead editorial was headlined, "After Bin Laden, will China become US's foe?" Hoping that economic integration would defuse "right-wing paranoia" about China in the United States, the editorial nevertheless concluded: "The rise of China is certain to cause friction" in America. On Friday, the paper led with an editorial that referenced an interview I had given the Global Times in late April to admit that "China could be the loneliest rising power in world history."

    Of course, editorials in state-owned newspapers do not always mirror the Communist Party's thinking or policies. But in this case, these two editorials remind us of two related points about Beijing's worldview. First, China respects and even fears the United States more than the vast majority of Americans probably realize. And second, China's sense of isolation is not an act but acute and real -- and Osama bin Laden's death will only accelerate America's reengagement with its Asian allies and partners at China's expense.

    When Washington shifted its focus toward terrorism and the Middle East after the September 11 attacks in 2001, Beijing experienced genuine relief. As China's leaders and strategists came to believe, an America distracted by two wars and a weak economy presented a priceless window of opportunity for China to extend its influence in Asia and beyond. But Beijing realizes that Washington's strategic attention will eventually turn eastwards, and the death of bin Laden is one small but significant step in hastening the arrival of that day. As one prominent Chinese Academy of Social Sciences (CASS) analyst put it to me recently, the American "spearhead will soon be pointed at Beijing."

    China's focus on America is obsessive and omnipresent among its leaders and strategists. In a study of 100 recent articles by leading academics at CASS, comprising the network of official state-backed think-tanks and institutes throughout the country, I found that about four in every five were about the United States -- whether it was seeking to understand the American system and political values, or describing how to limit, circumvent, bind, or otherwise reduce American power and influence. Of these themes, several emerged that help better understand the thinking behind editorials like the one in the Global Times.

    One is that Beijing views international politics in broadly neorealist terms. Chinese strategists believe the distribution of power in the world today will determine tomorrow's conflicts. China has long seen building competition between itself and America in particular as the inevitable and defining big-picture strategic play. In Beijing's thinking, tension can be managed, but never resolved, between the established power and the emerging one. Tension is a structural inevitability.

    But Chinese experts also view America as a unique superpower that relentlessly seeks not only to build and maintain its power, but also to spread its democratic values. This is of grave concern to the authoritarian Chinese leaders, because they believe that America will have difficulty accepting a greater leadership role for Beijing so long as Communist Party remains exclusively in power. Senator John McCain's "League of Democracies" might never become a formal reality, but Beijing believes that it already exists, at least in Asia, through democracies such as India, Japan, and South Korea.

    Moreover, Beijing fears the American democratic process. While Americans view democracy as an advantage since it can offer United States an institutional and bloodless process for leadership and policy renewal, China views American democracy as a source of irrationality and unpredictability. Many in Beijing, pointing to President George W. Bush's rapid decisions to go to war in Afghanistan and Iraq after 9/11, believe a new administration might actually increase the chances of uncomfortable shifts in policy that will lead Washington to suddenly focus its competitive and hostile gaze to the east.

    Some of Beijing's strategists now even argue that the United States has three advantages over China that will help preserve American strategic primacy in Asia.

    First, the United States has built an order based not just on American power but also democratic community. It has not escaped Beijing that few countries in East and Southeast Asia fear India's democratic rise. Whereas India's ascent is seen as natural, predictable, and welcomed, almost every country in Asia is trying to benefit from China's economic success while strategically hedging against Chinese military power by moving even closer to the United States. (Witness the recent speech by Australian Prime Minister Julia Gillard to Congress in which she reaffirmed the alliance with America as the bedrock of Canberra's security strategy, or Singapore's leader Lee Hsien Loong urging America to remain engaged in Asia.)

    Second, unlike China, America does not have land and territorial disputes with other Asian states. For example, China still claims around 80 percent of the South China Sea as its "historic waters" and is in an ongoing dispute with India over the eastern-most Indian state of Arunachal Pradesh. In this sense, China's rise is inherently disruptive since a more powerful China is likely to demand a resolution to these issues that is in Beijing's favor.

    Third, the United States is not a resident power in that it is not geographically in Asia. China now realizes that this simple fact, once seen as a handicap, instead presents America with a unique advantage. To maintain its military bases in the region and thus remain the pre-eminent strategic power in Asia, the United States requires other key states and regional groupings to acquiesce to its security role and relationships. There is broad-based regional approval of U.S. alliances with Australia, Japan, and South Korea, as well as with partners such as India, the Philippines, Singapore, and Thailand. This interdependent relationship means that America is not so powerful that it can easily ignore the wishes of Asian states.

    In contrast, if China were in the dominant strategic position, its pre-eminence would be much harder to challenge or shift. Beijing would not need the same level of regional acquiescence. As a resident power, China would not need the "approval" of other Asian states to maintain its military footholds. As the largest Asian power, it would be easier to dominate regional institutions without an American presence -- yet one more reason why America is trusted to provide the public and security goods in Asian sea lanes while China is not.

    All this is why, instead of taking full advantage of America's terrorism obsession, Beijing has watched resentfully as the United States has built a hierarchical democratic order in which Asian states willingly aid in preserving American pre-eminence. In such an order, China remains a strategic loner in Asia, with Myanmar and North Korea as its only true friends.

    China is well aware of its relative vulnerabilities. Rather than lament the irretrievable loss of its better days, America should learn to better appreciate its relative strengths.

    John Lee is research fellow at the Centre for Independent Studies in Sydney and the Hudson Institute in Washington, D.C. He is author of Will China Fail?

    U.S.-China Talks: What to Look for (http://www.cfr.org/china/us-china-talks-look/p24923) By Elizabeth C. Economy | Council on Foreign Relations
    Security and U.S.-Sino Scientific Collaboration (http://blogs.cfr.org/asia/2011/05/02/security-and-us-sino-scientific-collaboration/) By Adam Segal | Council on Foreign Relations
    US, China vie for influence among Indonesian riches (http://atimes.com/atimes/Southeast_Asia/ME06Ae02.html) By Sara Schonhardt | Asia Times
    As China Invests, U.S. Could Lose (http://www.nytimes.com/2011/05/04/business/global/04yuan.html) By DAVID BARBOZA | New York Times
    China Invests Overseas (http://www.asiasentinel.com/index.php?option=com_content&task=view&id=3171&Itemid=422) Asia Sentinel
    Is the Asian century a dream or reality? (http://www.thejakartapost.com/news/2011/05/06/is-asian-century-a-dream-or-reality.html) By Haruhiko Kuroda | Jakarta Post
    A Future Scenario for Asia (http://www.asiasentinel.com/index.php?option=com_content&task=view&id=3177&Itemid=422) By Philip Bowring | Asia Sentinel
    Japan, After March 11
    The country, resilient as ever, remains Asia’s true power. (http://www.city-journal.org/2011/21_2_japan.html)
    By Guy Sorman | City Journal




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  • Rolling_Flood
    08-05 09:03 AM
    If you don't like my stand, fair enough.
    Neither you nor anyone else can stop me from taking legal counsel on this issue and going to the courts if i feel this porting thing is illegal in a sense.

    Please refrain from making cheap remarks like the ones you made towards the end of the post. They serve to highlight your issues more than mine. I am content with the EB2 folks who have already PM-ed me and we will, for sure, take this forward.

    Rolling Flood,

    Clearly, you are a NumberUSA person trying to provoke deep rifts amongst a highly skilled workforce that succeeded in getting HR 5882 out there. Your game is up. Look, no one is claiming porting / interfiling is due to 'length of time'. Each application, under each category, is for a DIFFERENT job. Now, obviously, when you gain experience in one job, you become MORE ELIGIBLE for another job, typically at a more senior level. With that, comes a higher income and higher TAXES back to the USA.

    Your perverted logic that people are using interfiling on the premise of 'waiting time in EB3 queues' is a fallacy without legal merit. EB3's that interfile to EB2's have to, LIKE ANYONE ELSE, show the merits of the EB2 application BY ITSELF.

    Now, if you think you can snake in a controversy through a law suit, only to protect your inflated sense of protectionism, keep in mind, that your target is EB2. I presume that you are in EB2 yourself. Be prepared for unintended consequences because USCIS could very well freeze ALL EB2's INCLUDING YOURS! Might seem a far stretch, but realistically, anytime a court sees 'merit' in challenging an established system / process, ALL come under purview. How can your case be assumed to be 'innocent' while everyone else that you are against be 'guilty'?

    There are numerous cases of people going to court seeking 'justice' only to find themselves very quickly standing 'on the other side'... trying to get out of a self inflicted mess.

    Obviously, you have issues that run deeper than discontentment with US legal immigration process. Get yourself some help. Seriously.




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  • CreatedToday
    01-06 04:21 PM
    :confused:You don't believe this, but you believed when mullahs said, it was Israel and Jews behind 9/11! LOL

    If its true, why media is not showing how Hamas is hiding behind schools and mosques? Its a big lie and this is what they say in order to justify the killing. Also what rockets you are talking about? Those 7000 rockets that killed 4 people? I agree Hamas must stop their mindless and useless rocket attack.



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  • unitednations
    07-10 12:50 PM
    Such mistakes can be corrected by CBP defered inspectors but they will only correct typo errors by the CBP at POE . For other mistakes u need to file Form I 102 with USCIS.


    That's correct spelling mistakes, etc., can be corrected if you go back to the port of entry who generated the I-94 card.

    I 102 is more for replacement of an I-94 card.

    However; POE entering you on a wrong companies h-1b isn't so easily correctible after the fact.

    In situations such as this; it is better to go back out and re-enter with proper company h-1b.

    In May and June before people were getting ready to file the 485's a lot of these issues were found in reviewing their files/history. Many people had their visas expired and they didn't want to go for visa stamping. What many people did was go to Canada and use auto revalidation and then re-enter USA on the proper companies h-1b and/or get a new I-94 card and also reset the 245k benefit since it is measured from the date of last entry to filing the 485.




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  • desi3933
    07-08 07:38 AM
    This is what I found in my research so far.
    "Any out of status is ERASED after re-entry in the USA. For employment related I-485 application, out of status is counted ONLY after last entry and out of status upto 180 days is forgiven under section 245(k). Section 245(k) applies to ALL employment based I-485."

    Section 245(k) is the BIGGEST difference between employment based I-485 and family based I-485
    but I couldn`t find more about section 245 .I searched USCIS site.I don`t know what will get through the officer`s head.

    If you are using quote from my post, may be you should mention that. Also, Please understand that issue becomes more complex when one files for more than one I-485 application.

    Please consult a good attorney ASAP.

    Here are details on 245(k) --
    For purposes of section 245(k), an alien may adjust under section 245(a) as long as the alien, as of the date of filing of I-485 application, has not violated status, has not engaged in unlawful employment, and has not had any violations of the terms and conditions of nonimmigrant admission, for a period in excess of 180 days in the aggregate subsequent to the alien's last admission under which he/she is presently in the United States.


    _____________________
    Not a legal advice.



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  • rheoretro
    11-12 04:46 PM
    It's at the very least peculiar that some states don't have any activity through IV. The one in which I live is one of those. Even more amazing, I personally don't know anyone in my city or any other city, stuck in my same situation because of retrogression. Strange, but true.

    Amen, brother/sister! Where are these half million people? 500,000 divided by 50 states makes for 10000 in each state (on an average; although I doubt that Alaska and Hawaii have that many, while states like NY, CA, NJ, IL, FL, TX, PA must beat the mean for sure, but still). 6500 ain't enough!




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  • sledge_hammer
    03-24 11:51 AM
    Can you please elaborate?

    I may be understanding this incorrectly, but are they denying our right to be represented by a lawyer?

    In fact just about every local USCIS office makes you sign a statement that you are not being represented by a lawyer and they "swear" you in that you are going to tell the truth under penalty of perjury.



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  • nixstor
    11-15 12:25 PM
    This guy needs to go. He is a total joke. Where does he put his $$ in? Every one knows he owns stock of most companies that has outsourced jobs to India/other countries. I am sure he has his money everywhere in Cisco/Msoft whom he bashes along with Kim B. Check this page who want to see him go. There are lot of legal immigration folks who are there.

    http://www.bluelatinos.org/firelou

    Should we be talking to FOX news to get them do a program on how he changes his stand? How many times he brings only one side of the story?




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  • diptam
    09-26 02:47 PM
    Here is my Point if we educated legal immigrant community support Barack or John ( though its a virtual support because we are not eligible to vote:))

    If Barack doesn't win this 08 election economy is going to go further down , unemployment rates will spike , DOW will further nose dive , more banks will be bankrupt ( today morning WAMU broke 9/26/08) and there will be NO EMPLOYMENT BASED REFORM in such a Turbulent Job Market Situation.

    Anti Immigrant Groups will scorch the phone lines and will probably gather support from neutral peoples as well and scuttle any EB REFORM if the economy is bad. Their point is Americans are Jobless and you are giving Permanent Job Permit to Foreigners and any one will buy it - how much we SCREAM and SHOUT that we already have a Job, you know !

    Now tell me if you want to support Barack Obama OR John McCain - take it EZ



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  • Winner
    03-25 11:01 AM
    Thanks for contributing to IV with meaningful discussions. Would you all consider making a monetary contribution to IV?




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  • unitednations
    03-26 04:26 PM
    That is precisely why smaller companies choose to revoke the 140 when an employee leaves them while the 485 is still pending.

    It isn't always to "get back" at the employee.

    That being said, UN, I would love to hear your thoughts on this situation,

    Person leaves employer X (140 approved, more than 180 days since 485 filing, etc.) and joins employer Y on EAD (under AC21).

    Employer X revokes 140 so as to not run into any issues like you pointed out. Nothing personal against the employee, just business.

    That person after a while decides to go back to employer X (485 is still pending) under AC21.

    Does the USCIS look at that as okay to do? Or do they question the employer's intentions since the employer had earlier revoked the 140.

    Thanks in advance for sharing your opinion on this.

    I know that many people don't like it when their companies revoke I-140. They are not under any legal obligation to do so once the 140 is approved.

    However; to protect all the people who are still there then they should revoke the 140 for people who have left so there is less burden to prove ability to pay in case uscis adds up all cases together. I work on a lot of these cases and they are pretty complicated to solve.

    There was a case which we termed "baltimore" (mainly because it was decided by baltimore local office); essentially AAO said that a person can use ac21 within the same company (ie., for another job, another work location, etc.). That opened the door which some smart ass employers started to exploit. If one of their employees was eligible for ac21 they justified it by revoking 140 (even though person is still workin with them) and doing labor substitution for another candidate by thinking that first person is protected and i can use it for second person.

    From a purety point of view; in your scenario since there is no labor substitution then it shouldn't be a problem; however, in pre labor substitution days if you went back to work for the company in ac21 and they used the labor for someone else then it would pose some challenges.



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  • gc28262
    12-24 03:45 PM
    What a tiresome thread!!!

    Several years ago, people actually made an effort to make IV an organization representing all skilled workers, from all parts of the world. Now, immigration matters are totally irrelevant on the forums. Heck, forget about being an exclusively India focused forum, as this thread demonstrates, it is a venue to vent on matters even more narrowly focused - My religion, my sect, my opinion, my petty prejudices. If this is not irrelevant enough, we have enough threads on red dot-green dots to justify a whole separate category of forums :rolleyes:
    Anyway, it does a pretty good job of turning off people. I guarantee you this thread alone has contributed significantly in influencing many planning on attending the March rally to change their mind. It sure did mine.

    Can't agree more. I wonder when IV core will wake up and start moderating these threads.

    IV has become a platform to turn away people than uniting.
    Maybe we can start the count-down for the death of IV as an Immigration site.



    .




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  • rockstart
    07-14 02:11 PM
    vdlrao's figues tell the story

    Second: advanced degrees or exceptional ability 14,362--8,557-- 20,255-- 42,550-- 44,316-- 15,406-- 32,534 --42,597-- 21,911-- 44,162


    2006 only 21,911 visa for EB2? come on average is around 40K and they just halved it. Its Eb2 that should feel bad. Else the dates would have been in 2006 much earlier.



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  • rbharol
    04-07 01:35 AM
    I don't really think this bill will even be discussed. yes the may try to cut and paste parts of it to immigration bill....

    Will Compete America and other companies accept it? no way..

    And if it goes through, it will be begining of an end to America's supermacy as a leader in the world economy.




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  • yibornindia
    08-05 12:11 PM
    Friends,
    I need to find out how many people are interested in pursuing this option, since the whole interfiling/PD porting business (based on a year 2000 memo) can seriously undermine the EB2 category.

    I am currently pursuing some initial draft plans with some legal representation, so that a sweeping case may be filed to end this unfair practice. We need to plug this EB3-to-EB2 loophole, if there is any chance to be had for filers who have originally been EB2.

    More than any other initiative, the removal of just this one unfair provision will greatly aid all original EB2 filers. Else, it can be clearly deduced that the massively backlogged EB3 filers will flock over to EB2 and backlog it by 8 years or more.

    I also want to make this issue an action item for all EB2 folks volunteering for IV activities.

    Thanks.


    Hey Bro! Think of you this way.

    You are no different than those trying to move from EB3 to EB2. They are doing this to get GC faster then others.

    You are stopping others from entering in your line, to get GC faster. :p

    Ultimately you both are the same.



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  • gopinathan
    08-12 02:03 PM
    :D:D

    can't stop laughing.. thanks rsdang..

    (long pause)

    DJ: Folks, we need to take a station break




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  • Macaca
    01-28 09:01 AM
    Lou Dobbs does not present all facts. He presents facts to support his agenda; he is against legal immigration. He is NOT a news reporter. This is very obvious. Most balanced minds ignore his rants.

    He is the only one on CNN who presents his opinions. I think he has a special contract. CNN wants viewers with his opnion.




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  • sabudanawada
    04-15 02:49 PM
    Some common thinking patterns that immerge out of these conversations. Please understands that these are all "amoral" paradigms, nothing else, you can pick and choose any of these set of values and lead your life on it, the choice is upto you. Nobody is right and nobody is wrong, except in their own imagination.

    1. Money cant buy happiness
    2. Bigger home doesnt mean better life for kids.
    3. Life in US is better than life in India
    4. Life in India is better than life in US.
    5. Our parents had more time for us than we do for our children
    6. It is better to be content and happy than to be materialistic and unhappy.
    7. Stability is more important than commiting a big chunk of your money.
    8. Good neighborhoods is whats more important.
    9. Renting is good for immigrants till they get their green cards.
    10.Buying house in this market is stupid.
    11. Buying house in this market is smart.
    12. I already bought the house and loving it
    13. Wait till they kick you out of the country, then tell me that you love your house. you know they sometimes make some stupid mistakes with your application and there is no telling whether you could be their victim even if you have cleanest case for GC.


    i can go on, but come on guys, dont you get it? Who wins with these arguments. NOBODY. Do what you think is right for you and your family. as simple as that...

    Cheers! :cool:




    unitednations
    03-24 12:34 PM
    face it as long as the economy is tanking this is going to be an ongoing debate. Everything goes thorugh stages of high and low and we are now expereincing the lows of having the h1b's.

    Sledge While your points are valid, remember folks do not choose consulting (nor do students) as a first choice but I have friends who were employed without any issues directly with client companies who in the midst of recession decide to fire everyone. What are you options if your GC is denied because the company declared bankruptcy? How do you justify to yourself staying with the employer when they files you under Eb3 category when you a master's degree holder from one of the 10 best universities in the US? What are the employee choices here, just pack up and leave? leave houses, friends and people you stayed with many years.

    You think they haven't searched for full time positions with other companies only to be turned back? or worse case restart the entire GC process and forgo the 6+ years?

    And the experiences I am relating are from the 2001 recession. I have already seen history repeat itself now but my more fear is that tomorrow USCIS will unfortunately hit the person who followed all the rules After all how is the USCIS knowing which are the good companies and which are bad? These very things are happening and very much can happen to you as well. Do not sit on a high perch and think it will not trickle down to me

    That is one thing I have noticed of this divide between non consulting and consulting jobs.

    Reality is that people either came on f-1 or they came on h-1 through staffing company.

    Permanent jobs are the least safe from immigration point of view. As soon as there is a downturn; they will cut your job unmercilessly; doesn't matter which stage of the greencard you are in. You have absolutely no flexibility whatsoever (eb2 versus eb3); when or if they are going to start the greencard process. In fact companies such as these are the ones who generally won't give you any details of labor or 140.

    Many of the peple who are in 8 or 9 year h-1b painfully learned this lesson. They generally started at staffing company; got enticed by permanent job; got stuck in labor processing; got laid off; jumped back to staffing company; chased labor substitution; got 140 denied; jumped to another company and started again.

    Many of the people I discussed with who have been here for a long time on h-1b were continually re-starting their greencard for all these issues.

    I remember seeing a posting by another member that stated people from india were more susceptible to being out of status or having applications denied because of the long wait to get the greencard. The longer it goes; the bigger chane of something going wrong.

    People from other countries don't have such issues. I know one person from Uzbekistan who was on OPT and filed h-1b quota case in April 2007; at the same time company filed labor for him. He got greencard approved before the h-1b even got adjudicated.

    One of the issues of stafffing companies is that it is usually run by another person who was a non immigrant at one point themselves so they did not revoke h-1b's and were very flexible with their employees (that flexibility made them skirt h-1b rules). However, now that flexibility is gone as USCIS has gone through zero tolerance.

    The way USCIS/DOL/CONSULATES are behaving is making it very difficult for even the traditional companies to pursue or even keep non immigrants. Right now with the layoffs, many people from the traditional companies are approaching the staffing companies to do h-1b's. However, the staffing companies are not doing them because they are starting to follow the rules as close as they can. If they don't have a job for you then they are not going to file (no more speculative employment).




    snathan
    09-27 11:35 AM
    What would be the immediate impact on the GC...no matter who ever wins. Yes, its painful to wait in the long line. But I would prefer that rather than some one came to power and kills the EB community. What are the chances for that? I don’t expect them to reform anything...at least if they maintain the status quo...that would be fine. There is no immediate death. This is just my opinion. So guys don’t give me red dots.



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