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Sunday, July 3, 2011

Ferrari Logo Horse

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  • Men#39;s Prancing Horse shirt



  • unitednations
    02-04 11:53 PM
    I came to the conclusion just based on section INA 202 (a) (5) (A). Nothing more nothing less. You came to funny conclusion of "quaterly basis".
    EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.

    You are critizising H1B indians and their employer screwing the system which is not relevent to what we are talking here. If you feel so, then attack who ever spoiling the system and regulate those. Instead you are trying to justify your interperataion is right and what DOS is doing is right. I will be the happiest person if they ban labor subsitution and ban desi consulting companies or H1B dependent employer participating in GC sponsering. Then this mess might have not happened.

    Because this discussion has happened so much. That is this exact discussion when everyone was trying to determine whether they should go for eb2 or eb3; the common prevailing attitude was horiziontal rather then vertical.

    What made everyone shut up including me was what was written in november 2005 visa bulletin. It was there for everyone to see how it was going to be interpreted. Anothe law firm had reported chines usage year to date and it was concluded that they may fall short of the 11,000 visas (ie., 7% cap). With all this available; not one lawyer has decided to sue department of state or uscis over this. Why is that? Maybe what they are saying is correct and you are reading into it what you want to read into it.

    Any time someone gets around to explaining the system; they are automatically branded anti-indian. Funny but everyone I know through immigration is Indian. Therefore, whenever someone brands me anti indian or even comes close to it; I get a very good chuckle out of it and so do the people who know me that frequent these boards and immigration.com

    How the visas are being allocated actually is pretty relevant because it helps everyone to understand how it all works and comes together. I had been on the record that maybe people shouldn't get too worked up about this. The louder one becomes the more scrutiny starts happening. Once the scrutiny gets wratched up a few notches; are you ready to counter it.

    What is this scrutiny that you may ask?

    Newspaper in Maine did very thorough investigation of companies who sponsored labors through Maine. It was very hard hitting whcih asked for comments from Department of labor and USCIS. Both are investigating it. Essentially it said that companies rented out a cube and filed 60 labors and 100 h-1b's when their real offices were in other states that were taking a long time to get labors approved.

    Backlog reduction centers are challenging companies to prove that their headquarters were where they said they were? They are questioning whether there is a permanent job. Companies are not responding and letting the labors go. Don't you think department of labor will start going into the approved labors and start scrutinizing them.

    California service center denied many cases for two companies that I know of who had revenues of over $20 million. Reason for denial was that they are temp. agency and no permanent job. No permanent job; no I-140 approval. Companies have gotten a good dose of H-1b RFE's from california service center regarding this. Many have gotten the h-1b's denied because they can't even substantitate they have a job for the person. If they don't have a temp. job then how can they have a permanent job. Chennai consulate is giving very difficult time to staffing/consulates. It has gotten so bad that back in early december; consulates in india said if you are good in english you can go to ther consulaes in india. Guess what? Chennai it only takes two days to get an interview now because everyone refuses to go there. Just a matter of time before new delhi and mumbai catch up. if consulates are refusing visa stamping for temp. jobs what do you think will happen when they start ratcheting it up a notch to the permanent jobs.

    Main reason they haven't gotten into the permanent jobs yet is because nurses which are really in demand also get greencards through staffing companies and are outsourced. Since, nurses are needed; uscis doesn't want to give a hard time to the staffing agencies; therefore, they don't want to be accused of double standards. We will see how this will change if at all as retrogression and increasing visas and studies are performed how people are getting greencards come to light.

    btw; I have been on record that as long as country cap of 7% is maintained; it would have disasterous consequences for India/China to allow 485 filing without priority date. Since the 7% cap applies then that means someone who enters usa today from ROW and files an eb2 labor will get priority over you. Anyone can file a 485 as long as they have a labor, 140 and they are in non immigrant status. I know of three people through other forum who were from ROW; came on visitor visa found someone to file perm labor get approved in a couple of weeks and then go straight to 140/485. Since they can file 485 right away they get precedence over india/china. Anyone on visitor visa would be eligible. This would number in the millions. It would be quite possible that there would be never ending retrogression for India and China.





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  • abhijitp
    11-19 07:34 PM
    make it 800 - & wise guys wont see me for a while

    Thanks Swamy! We will look forward to seeing you:)





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  • Deepika
    06-19 09:31 PM
    I have a similar problem. In all my documents i just have one name as given name from childhood no surname or initials.

    In passport given name is : XXX
    And surname is : blank

    In my H4 stamping they made it
    Given name : FNU (First name unknow)
    Last Name : XXX

    So in my medical record and I-94, I-797 in US i use FNU XXX. I am planning to apply with this name itself as i feel it may take a while and is not safe to go to indain embassy and have a name change with this short time.

    I plan to have my husbands name as my last name later.

    Can i do it after filing for 485 or getting GC. Do reply.





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  • alien007
    04-15 12:20 PM
    Let us say that i agree to what ever you say. In what way does everything you stated above make a STEM graduate eligible for GC without an Employer sponsership. Why does it have to be only STEM graduates which will not need employer sponsership. If giving GC based on completion of MS in us is bypassing the employee sponserhsip then that has to be extended to all EB categories of immigrants (EB1/EB2/EB3) and the benefit o those visas have to be passed to the badly retrogressed category first.

    It si not teh question of liek or unliking or having jealousy. It is the question of law. According to the US law employee sponsership is EB category so any new bill which has to be introduced will have to follow the EB category employee sponsership rule, othwer wise it wil not see the light of the day

    Personally i see no chance of this DV lottery STEM billpassing in any shape or form either now or in the future

    I didnt talk abt STEM graduate eligible for GC. i agree with belmontboy. on STEM. so that should answer all your Qs.



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  • willwin
    07-11 12:23 AM
    it goes deeper than that. first let me point out that this is philosophical- you argument is not about law, it's about a point of view.

    so if i ask you why EB2 filers should spend extra years getting educated and never getting this all important magic "PD" and then get in line behind someone who got a job the day they entered the country- and got a PD soon enough- what would you say?

    ask me. it took me 11 years to get a PD. why? for 7 of those years i was getting my advanced education. so why should i suffer behind the 3 year Indian degree person (against my 7 years there as well) who came in 5 years after me and filed right away?

    there are reasons why the EB priorities were set up. by simply extending your logic EB1 should also wait for a turn and not have priority. what's good for the goose....

    having said that, it is absolutely insane to ask people to wait indefinitely and we must do something about it.

    today the EB3 folks (and I have nothing against them, their waits are insane- and it's absolutely not right) are porting to EB2 with those bachelors degrees and 5 years experience. and just because they could APPLY for a GC earlier and all their years get counted in the PD, they keep lining up ahead of me. why do all my years count for NOTHING?

    please spare us "fortunate" EB2s a thought too. think of when in life our careers are finally freed from waiting for a GC.

    and now please concentrate on ways to end retrogression and stop the EB2 vs EB3 crap. we all have our problems.


    I should clarify few points here:

    1. Let EB2 be wonder kids. All I am saying is their GC shouldn't be at the cost of EB3. Have a separate quota which is twice as much as EB3. But, when the left overs are up in the air, EB2 shouldn't grab everything.
    2. Not all EB3 are with 3 years Indian degree. Most of them are 4 years and above. Please prove me wrong. There are several Master degree holders in EB3 queue just because of their employer decision (not even job requirements).
    4. Most people filed under EB3 way back in 2001/2002 because they didn't antici pate such a mess 5-6 years down the road.
    5. Today most applications are EB2? How? does it mean that the '3 years' Indian degree holders are not coming to US anymore? Nope. These days people just ', manage' to file under EB2.
    6. Finally, EB2 would understand what we (EB3) are saying if the EB1 queue was retrogressed and EB2 was stuck in 2001.

    There is no separate quota while applying for H1B but at the final stage of GC! Ridiculous!!

    Bottom line, a VISA that could impact an individual's life so much should not be dragged for 7-8 years. And, thank you for your concern for EB3.





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  • +ve
    04-25 07:19 AM
    I completed my MS in Computer Science from US around 6 years back, was on OPT for a year & thereafter moved out of US and came back to my home town. Have been working here for 6 years now as in the software field & have now applied for H1B under masters Quota. Was wondering if I am eligible to apply under this quota as I am neither a fresh graduate nor have any status in the US. Also, my lawyer has only filled out the I-129 form. Is there any special form that needs to be filled out to be considered for Master's quota?
    Please reply�



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  • Logos horse 25 Wild Animal



  • unitednations
    02-04 11:01 PM
    No one here takes advantage of any group. We are talking here is what law says and how it is implemented by various agencies. The problem is there is doubt that DOS has not understood the law. No one is against ROW and loves India and China. US immigration simply based on preference catagories. For example, wife of U.S citzen will be given first preference in immigration (FB1) compare to brothers and sisters of US permanent residents (FB4or5). This is the law.

    Similar thing in employment catagories too. Before 2000, there is a verical spill over of EB visas. Becase of this, a high skilled workers from India/China has to wait more compare to low skilled workers from ROW. This practice will not put US in technological edge. Thats why AC21 law implemented.

    After 2000, congress removed country quota in all EB catagoires. The simple reason is to make US competiveness in 21st century. The intend is simple.

    The simple meaning of AC21 law is, for example, let us assume following hypothitical situation. There are 40,000 noble prize winners from Mexico. All of them applying EB1 visas in a FY. In same FY, no one from other countries applied EB1 visa. As per AC21 rule, entire 40,000 visas (100%) goes to Mexico in EB1 irrsepective of how EB2 or EB3 or FE catagories are retrogressed or howmany mexians in EB/FB are waiting. This is what congress intend to promote high skilled immigrants to USA. This is what american competivness in 21 century. The intent here is noble prize winners should not wait even if they are from oversubscribed countries like mexico.

    If you read word by word of AC21 rule ..you will understand what I am saying.

    INA 202 (a) (5) (A)
    EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter

    My intension is simple.

    Even if SKIL/CIR bill passed in near future, if DOS or USCIS does not implement the law accordingly, it will be disaster for oversubscribed countries like India and China.



    How do you come to these conclusions what congress intended. AC21's main provisions were to recapture unused visas for certain years; extend h-1b beyond six years; allow someone to change a job after 485 pending for more then six months; allow unused visas to be allocated to oversubscribed countries on a quarterly basis rather then in the fourth quarter.

    Above is what was changed. There was no lifting of country cap. If you go to the earlies visa bulletins listed; you will see that Dominican Republic at one time was retrogressed. I haven't looked at it in a long time but if someone goes to the historical visa bulletins pre ac21 then you may see significant movement in retrogressed countries in the fourth quarter of uscis fiscal year (july to september). This is what changed.

    However, the ac21 part about unused visas only stipulated if in any quarter there were less applicants then visas available then spillover can happen in that quarter. However, as can be seen in 2005 that weasn't the case and there shouldn't have been spillover.

    In another posting you mentioned that your employer doesn't care whether you are Indian or chines or pakistani or anything else. This is true they want you for your skill. However, how did you get into USA. Chinese generally go to school here and will work wherever they get a job. However, Indian nationals have designed a system to get their realitves here through h-1b. Selective recrutiing is performed to get fellow compatriates here that couldn't otherwise get here becuase they have no connections. I ask some of my clients how they get employees. They tell me they are sponsoring their classmates, their cousins, etc. for h-1b.

    Therefore, you may think it is not fair; and perhaps it is not fair but perhaps government knows that certain systems have been designed and they value diversity.

    In business definition a skilled worker is not someone with two years of experience, a bachelors or even a masters. A skilled worker is someone with substantial experience. That is 15 years and makes $200K to $300K. Employment base immigration is just an accomodation to allow a certain number of people into USA. In my mind it is just an accomodation or goodwill.

    If the EB system was designd to attract the best and brightest minds; skilled worker definition or eb2 or eb3 definition would have a much different meaning and would follow business rather then USCIS definition. It would be much different. There would be no quota. It would follow normal business practicses. That is we, can't find a us citizen or greencard holder and we need you. In real business sens it would be an offer, acceptance and you would start in a couple of months. However, it doesn't follow normal business rules/practices because maybe the powers that be look at it as just an accomodation rather then a real necessity.





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  • vin13
    02-25 12:58 PM
    Is IV only for those who have filed I485?

    I gave my opinion and people gave me lot of reds. There is a majority here who already have EAD and have filed I485. You people do not care for those who are less fortunate and struggling in the early stages of the process. If July 07 had not happened, all of you would be asking for I485 filing option today.

    By giving reds to people who disagree you will drive people away and make IV only for those who have filed I485 and not for the entire EB immigration people.

    Get real. I am not saying this because i have a EAD. Are you saying that no improvement is good enough unless it helps you at this moment.

    This change proposal will also help you when you get to this stage. Try to understand, this may be possible without much legislative intervention.



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  • and a Ferrari logo on the



  • johnwright03
    08-12 10:30 AM
    I strongly agree with you and forgive stupid MAsters guys for his stupid comments.....this is the way he is showing support for everyone

    Relax guys...that was just pun intended..!!! Don't take it hard...everyone is worried about EB3 folks...!!!





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  • KRS
    03-09 10:57 AM
    Consider a $25 pledge from me towards this effort. Would appreciate it if we are told what information are we asking for? I have seen many questions in different messages. It would be great if we can get a consolidated list of questions/information we will be asking.

    TIA.



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  • pappu
    12-20 10:14 AM
    ..do not loose the momentum, we are close to the first finish line and we can not let ourselves down, please who have not contributed or have introduced friends to the forum, please urge them to participate in this campaign - only $20 at this time !

    pappu> if possible, provide an update on the percentage. thanks,
    As of today Dec 20, 11:10 AM we have reached 43.97% of our target





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  • pappu
    12-20 10:20 AM
    I guess you mean Dec 20.
    yes corrected



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  • seekerofpeace
    08-21 11:24 AM
    kpchal2,

    Your case may be preadjudicated.....(if at all that is actually true)....yet it does not stop USCIS from sending an RFE for anything especially it has been over a few months since they last saw ur case....and once an RFE is issued you again go back in the list and the wait continues to next year when the window again opens for a short time.

    It is absolutely nonsense that preadjudicated cases are in a pile waiting for visa number...this is from my attorney....USCIS can issue n number of RFEs.....and each time it is issued it furthers the chance of green....

    SoP





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  • Leo07
    12-02 10:30 PM
    >>>>>>>bump<<<<<<<<<<



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  • transpass
    09-13 11:03 PM
    I think we need to cc the same letter to several others including...
    USCIS Director,
    Zoe Lofgren and other congress representatives ...





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  • BraveMadMan
    07-17 10:23 PM
    Thank you for everything you have done for LEGAL IMMIGRANTS!



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  • pappu
    12-03 08:30 AM
    $2535 so far
    We have a goal of 30K by the end of this month. This is what we need to invest in the omnibus bill Lobbying efforts.





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  • little_willy
    08-21 06:23 PM
    Human nature is to believe good news and ignore bad news (worst yet hoping for that to change). Why do you think most of the bollywood movies have a happy ending?





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  • H1B-GC
    12-20 06:47 PM
    Add $20 from me. Total Contribution till now : $150.00





    needhelp!
    11-20 11:22 AM
    Swamy & Wantgc23





    DCQC
    08-14 01:53 PM
    I am starting to see a trend in the receipt notices.

    Some of the people reporting getting recepit notices this week (yesterday and today) have LUDs of 07/28/07. My thinking is that This week will see receipt notices for everyone with an LUD of 07/28/07

    HOPEFULLY next week will see receipt notices for 08/05/2008. This is just my observation.

    People please post your LUDs for your I-140, the service center AND how your receipt numbers start (SRC vs LIN) each time you post a receipt notice.


    I dont know if that is true. I saw LUD on my I-140 on 08/05 and my 485 was received by USCIS on July 16th. I am not expecting my receipts next week.



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