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  • delax
    07-22 01:16 PM
    Here's an Apr-2006 EB2-I approval posted today on Murthy forum:

    http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=1474093861&m=8351049171





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  • Legal
    07-24 07:33 PM
    http://www.immigration-information.com/forums/showthread.php?t=5456&page=8


    #78 07-07 12:43 PM
    guchi472000 guchi472000 is offline
    Junior Member Join Date: Mar 2008
    Posts: 13


    Re: Visa Bulletin answers and other isssues

    --------------------------------------------------------------------------------

    Hi Ron.

    Any predictions for Aug-08 visa bulletine.

    Thanks.

    guchi472000
    View Public Profile
    Find all posts by guchi472000

    #79 07-07 01:30 PM


    Re: Visa Bulletin answers and other isssues

    --------------------------------------------------------------------------------

    I suspect there won't be much change from the July bulletin.
    __________________

    Ron Gotcher Ron Gotcher is offline
    Attorney at Law Join Date: Sep 2005
    Location: Los Angeles, CA, USA
    Posts: 6,767
    Blog Entries: 11





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  • paskal
    12-13 06:46 PM
    unless someone has some concrete information to convince me otherwise.

    the visa lottery has not been discontinued, CIR 2007 would have done that- if it had seen the light of day. dems will never let it go if they control things. pubs hate it on the other hand..





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  • chetanjumani
    12-14 12:45 PM
    You don't have a case. Before laws are signed, lawmakers spend hours and hours or weeks arguing, debating and modying before it is passed by both Senators and congressmen.

    If they change the current law to favor Indians, then it will be disciminatory to other nationals. Think the other way.

    Personally, I don't see any discrimination in the existing law. It so happened that you came from Indian and the law only allows a certain percentage per country.

    I am not sure if correcting a discrimation can be considered as discrimation againt group who were in an advantageous position before the correction is done.

    I dont think any one wants any changes in favor of a particular nation, in fact they want it to be without favor to any particular nation and treat every one with equality.

    I am not a constitutonal lawyer, but I believe if we pursue it, the per country limit may be removed.

    How ever I am not sure if that will be very helpful to us now. Even if there is no per country limit, i think we will have to wait for years before the visas are made available.

    I think, Immigrant voice should strive to make the system as fair and as efficient as possible, irrespective of in person who gains/looses from it.

    Another very important thing here is not to get divided amongst ourself. If we do that we are not going to get much.

    Take an honest view irrespective of your personal loss/gain.

    We might even try to ponder how we could use this to get media/public focus on legal immigrant community, and its inefficiencies. Use this to forward all our causes.

    We might want some people in PR to put this in media that perhaps there is something unconstitutional in the law, without going to the extent of filing a law case.

    I would encourage every one to come up with imaginative ideas to achieve our overall goals of an efficient and fair system for legal immigrants.

    Please help grow this idea



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  • pitha
    09-25 12:20 PM
    The pending perm applications are the missing piece of information to predict the visa bulletin. Is it possible to get this information from the perm database. I though the perm database was for the approved perm cases. I am sure there is some database (maybe the perm database itself) where we can figure out the pending perm cases. I will search for it, guys please all look into it aswell.

    Can some one who has parsed the PERM database earlier get the count of pending PERM cases as of today (or the lasted available)?





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  • msp1976
    02-15 11:55 AM
    hey anyone know why since democrats have taken control of house, senate, they havent uttered a word on immigration? last year there was so much noise on tv regarding immigration but none at all this year. i wonder what is going on.


    Democratic Majority leader in senate has intruduced the bill S.9 and referred it to the Senate Judiciary commitee.... Immigration is a hot potato... Nobody want to pick it up directly...You are not gonna hear anyone speak about it loudly except the numbersUSA folks....That is the way it is...Wait a few weeks and the 'immigration bhangada(dance)' would start....



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  • voldemar
    03-27 09:40 AM
    By Apr 26, if the LC Sub elimination becomes effective,
    How do you now that? Any sources?

    will USCIS reject all pending LC Sub cases (I mean pending I-140, 485 etc using LC Sub) ?If text of the proposed memo will be the same, then all pending I-140 based on LC substitution should be denied.





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  • at0474
    12-14 05:06 PM
    I find it abominable that there are still some humans(?) left in this century who want special benefits based on their race and country-of-origin in this 21st century !

    It's time people were measured on merit instead of he is Indian, Chinese or some other nationality. Eliminating country quotas is part of IV strategy on the homepage. If someone has issues with it, well you are working against IV strategy !

    Stop dividing people based on ethnicity - Indians, Chinese and others. Every one deserves equal opportunity, not based on their country, race or color (all abominable ideas to me) , but purely on merit.

    --What you said sounds very interesting. But it got me thinking, what if the merit is equally distributed by the country of origin and there is a limit to the opportunities this country can provide?


    Let us say there are 140,000 EB visas given every year. Based on pure merit and sans any regard to nationality. Don't you think it could potentially lead to more visas being consumed by one country?

    What if this country wants to ensure diversity to its social fabric?? How do they go about doing that?



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  • Rb_newsletter
    01-21 06:15 PM
    I got the below email from multiple friends. I don't know what is the source, who wrote this analysis because there is no links. I did NOT mean to spread the fear. Just sharing the contents unaltered.

    ------------------------------------------------------------------------------------------
    However, this is how many could read RECENT (Jan 8, 2010) actions / announcement by USCIS towards Consulting companies, which engages or merely places their employees at the client sites for various projects.

    � No new H1B application will be approved, as per the new guidelines provided USCIS on Jan 08, 2010 memorandum � for 3rd Party Consulting company.
    � No new H1B extension/stamping will be approved, as per the new guidelines provided USCIS on Jan 08, 2010 memorandum � for 3rd Party Consulting company.
    � If an employee has H1B approved or extension approved, and if he/she comes back to US from a vacation or from an emergency, he/she would be deported back to his/her home country from the Port of Entry (PoE) � for 3rd Party Consulting company.


    Why?

    Because of 2 recent events:

    1) USCIS gave new memorandum (which is now guidelines for USCIS professionals working on the H1B petitions/extensions) on Jan 08th, 2010. (Attached the PDF file for the memorandum).
    2) Recently (Jan 2010) several H1B Employees were sent back (in some forum, its mentioned � all of them) to their home country from Newark, NJ and JFK, NY Port of Entry � these were the H1B employees, who went to spend Christmas/New Year vacation to their home countries.


    What does the memorandum mention, specifically, about 3rd Party Consulting companies?

    Link to the memorandum (PDF attached) � http://www.uscis.gov/USCIS/Laws/Memoranda/2010/H1B%20Employer-Employee%20Memo010810.pdf


    Employer-Employee Relationship:

    As per the memorandum, some previous H1B Law defines, the definition of an �US Employer�. Somewhere in that definition (Page 2 of memo), it mentions the word �Employer-Employee relationship�. Till now, it seems that there was no clear guidance on what kind of relationship was considered having Employer-Employee relationship. So, it was being, probably, interpreted independently or ambiguously. Now, on Jan 8th, 2010, USCIS has published this memorandum for TRAINING USCIS OFFICIALS about understanding, Employer-Employee relationship. The memorandum seems to have been prepared with a clear understanding about it, along with the specific EXAMPLES.



    Memorandum has given few specific examples, which would QUALIFY for having Employer-Employee relationship, on Page 4-5 of the Memo � including the nature of the job/business. On Page 5-6, memorandum gives few specific examples, which would NOT QUALIFY for having Employer-Employee relationship. Third Party Placement / �Job-Shop� (better version of �Body-shop�, probably) is NOT QUALIFIED for meeting Employer-Employee Relationships � meaning, 3rd Party placement (which most of the small consulting companies do) doesn�t meet H1B requirement, as defined by the law � meaning for this job, the new H1B or Extension or Stamping petitions CANNOT be approved!! Period !!




    This is how memorandum has identified 3rd Party Placements and in Bold letters, why it disqualifies for the H1B petitions (comments are in Red):



    �The petitioner is a computer consulting company (which is what all small consulting do). The petitioner has contract with numerous outside companies in which it supplies these companies with employee to fulfill specific staffing needs. The specific positions are not outlined in the contract between the petitioner and the third-party company but are staffed on an as-needed basis (this is nothing but, Service Agreement between the petitioner and the mid-vendor!). The beneficiary is a computer analyst (which is what many small consulting company�s employee are). The beneficiary has been assigned to work for the third-party company to fill a core position to maintain the third-party company�s payroll (this nothing but, Mid-Vendor�s or so-called Prime-Vendor�s or Consulting Partner�s Revenue). Once placed at the client company, the beneficiary reports to a manager who works for the third-party company (as it happens, when Consulting partner hires employee as a contractor). The beneficiary does not report to the petitioner for work assignments, and all work assignments are determined by the third-party company (petitioner just runs pay-rolls!). The petitioner does not control how the beneficiary will complete daily tasks, and no propriety information of the petitioner is used by the beneficiary to complete any work assignments (petitioner just runs pay-rolls!). The beneficiary�s end-product, the payroll (payroll of mid-vendor/prime vendor/consulting partner), is not in any way related to the petitioner�s line of business, which is computer consulting. The beneficiary�s progress reviews are completed by the client company, not the petitioner (petitioner just runs pay-rolls!). [Petitioner Has No Right to Control; No Exercise of Control].�



    Right to Control:

    Supreme Court has stated the definition of Employer-Employee Relationship (Page 3 of Memo), and there it was mentioned to have �Right to Control� over the work of the employee by the employer. From the entire memo, it sounds that Right control is well-established, ONLY WHEN, at least one supervisor from the petitioner�s company works with the beneficiary at the end-client site, and supervises beneficiary�s day-to-day work. So, big Consulting companies such as Wipro, Infosys, Accenture, Deloitte etc. will be good, as they would meet �Right to Control� and that way, they will satisfy H1B requirement by law, and their petitions for similar 3rd party consulting work, will be APPROVED, but not in case of, small consulting companies!! This is because, big consulting companies such as Accenture � have their entire or partial team � along with managers etc. � working at the same client site, where the beneficiary would be working, so they could supervise their work and so exercise control over their work etc., but that cannot be the case with the small consulting � because, their actual business has been, so far, to place employees and run pay-roll � not to get the client projects!




    Why one could think that there are slim chances for this memorandum to get reversed in favor of small consulting companies?

    This memorandum took care of big consulting companies such as Wipro, Infosys, Cognizant, Accenture etc. � meaning, these companies and their employees are NOT impacted. They can travel freely to-and-fro their home country etc. Since, big companies are not impacted, there will not be any big lobbying or oppositions to this memorandum, per say!! There don�t seem to be a platform for small consulting companies to gather and lobby, plus most the small consulting may not get involved, with fear of exposing themselves more to other issues!! So, it might be east to assume that this memorandum is permanent and not temporary. The recent deportation also indicates that the changes like this memorandum is for serious, not just the warning!



    How this memorandum relates to the recent deportation events from NY and NJ airports?



    There seems to be an anticipated link between these 2 events � Memorandum and recent Deportations � kind of an indication about the current level of government scrutiny and seriousness of the H1B program. Hence, there have been advices by others that � each employer and employee should operate by strictly following the H1B program requirements.



    Link to Murthy.com front page posting about this � MurthyDotCom : NewsFlash! Note to H1Bs Traveling to U.S., Working for Consulting Companies (http://www.murthy.com/nflash/nf_h1conc.html)



    What one could predict as happening sooner (trend)?

    � Since, it seems big consulting companies (having their own consulting projects)/full-time end-clients and their beneficiaries are not impacted with these changes � there could be trend � employee moving from small companies to big companies for a better shelter for full-time positions � especially, when small consulting company�s immediate preventions / actions to this memo cannot ensure safety.
    � Big consulting companies could buy small consulting companies or small consulting companies could sell their companies to big consulting companies (having their own consulting projects), to save their employee�s future/transition etc.


    Good Luck my Friends....!!





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  • Imigrait
    06-16 03:25 PM
    To be honest, you are the kind of people, with the right attitude and qualifications, who deserve the GC and should not be subject to these mindless wait times. I am truly sorry for you. Hope the best for you

    Who defines what "right" qualifications are? Will IIT Kanpur make the cut and not IIT Guwahati? In the US, especially Sillicon Valley the best people from all over the world come for work. People from the best colleges in their countries come to work in addition to people from "normal" colleges from their countries. Where does India's top colleges stand compared to the best colleges around the world? IITs according to some rankings are not even in the top 200 colleges. Does that mean we exclude them altogether? Where does that leave BITS Pilani? Stop harping on that qualifications theme. I know people from both Bombay University and IIT kanpur Eb2 2003 waiting still for their GCs in the same company and same department. Workwise both are similarly capable.

    I would suggest you to think hard before you do your MBA. An MBA does not teach you that 1+1=2 all the time unlike an engineering field.



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  • vrbest
    07-31 03:40 PM
    Thank you samay for taking time to answer my question.
    My PD is Apr 06 EB3-India. I filed 485 on Jul 23, 2007.
    Can I continue working for Company B until GC is received? or should I join company C before that?

    Whats your EB3 PD. You can join company C anytime assuming that it has been more than six months since you filed your I-485. Company C can start the EB2 process should you choose to. However bear in mind that this process will also take some time.

    Originally Posted by vrbest View Post
    Hi,
    I am on H1B (7th year and got extended for 3 yrs) and applied 485, received EAD from company A (140 approved).

    I am asked to join Client by Company A due to some benefits both of us would receive. But Client wont support H1 so I need to use EAD.

    Since EB3 is in very bad situation, Can I file new Perm, 140 and port my PD for EB2 using Company C for future position? I have position, salary and exp required for EB2. When should I join Company C if I choose this route?

    Thanks in advance!





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  • PlainSpeak
    01-13 04:06 PM
    now i'm sure that u'r gcperm.... welcome back....
    So i was right GCPerm was kicked out of this forum for being EB3 ................

    Tell me something Ron . In you opinion what would freak out all the guys more and again
    - If I am GCPerm
    - If I am NOT GCPerm

    Let me know which so that i will agree to be the opposite and then hopefully the guys will calm down or not freak out more. A whole day with the guys here on IV and i am feeling like i took care of 20 bawling, crying children for the complete time. I am not sure i can do that for another day.

    Just between you and me I am not GCPerm but shhhhhhhhh don't tell anyone anything or it might lead to another round of slugfest.



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  • bostonian28
    06-17 04:08 PM
    Chill out guys, looks like emotions are running very high on this thread.

    The purpose of this thread is to talk about predictions for Oct 09, lets focus on that, also each of us is frustrated in a different way, may be this is a forum where in one can come and vent their frustrations, pls be more empathetic towards all...

    On a side note, we should probably start a polling to see how many folks are interested to spend (lets say) 5000$ to get a GC, if the number is high we should probably focus our efforts on hiring a lobbying company and push our agenda, that is the only way out of this situation, only throwing money will ensure our plight is heard appropriately in DC.

    So again, pls be more empethatic to others, even if you do not agree, this is a good community we all should be helping each other even when we do not agree.





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  • eb2waiter
    05-14 02:04 AM
    ......



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  • gonecrazyonh4
    03-16 12:23 PM
    All the people in the piple line are saved, but atleast it will prevent further misuse of this loophole.

    There should be some enquiry or auditing done on the old LC substituion cases and green cards revoked for those whose received theirs illegally and those visa numbers added back (wishful thinking).

    Any auditing done on these cases would reveal lots of scams and possibily avert others from being unscrupulous.

    Its so unfair that people jumb ahead of the que for upto 5 years using LC substitution.





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  • furiouspride
    07-21 03:28 PM
    found this :D pretty much sums it up.

    http://praveensg.com/wp-content/uploads/2009/06/amway.jpg



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  • ivar
    08-16 02:15 AM
    What use is this thread? How does it serve the purpose of IV. I see emotions flaring up time and again with every "incident" that media sensationalizes. Its high time administrators here took control of our messaging otherwise anti-immigrants are soon going to pounce on this. I sense an under-current of hatred in some posts as well. I am going to stop coming here if this mindless stuff does not get stopped from being posted. Personally I don't even think that forum should be on the home page.

    ezee,

    Well i guess i need not extend this topic any further.. because as your post above says that this thread is not leading to any fruitful discussion. I assume forums are a place to discuss and exchange views and ideas and what better place than IV to discuss immigration issues.. i don't understand your point. Still if this thread doesn't serve any purpose i will edit and remove all my post on this thread. Thanks everyone for sharing your views. I have edited all my post and marked them as DELETED. Its really difficult to figure out which is a good discussion and which is not, anyways i will stop here.





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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.





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  • GC_sufferer
    07-03 09:27 PM
    We should ask Congress to postpone the July 30th fee increase while it studies how USCIS can function year round with the same efficiency that it showed in the last two weeks of June.





    Rb_newsletter
    01-13 03:35 PM
    I just heard from attorney there are lot of debate going on in AILA and they are trying to stop this memo from being implemented...they are the one going to lose more business then the body shops....

    AILA should. I heard a lots of para legal staffs are already lost their jobs. Because there were less H1, and GC filings. Actually there is a huge economy based on immigration. If USCIS just changes the rules as they want that would affect lots of US citizens not just few immigrants.

    Lets see which businesses/people are making money out of immigration related activities.
    1) Attorney
    2) Paralegal staff
    3) Shipping guys (usps, fedex, etc)
    4) Airlines (because immigrant workers has to visit their home country periodically)
    5) Consulate
    6) USCIS
    7) Contractors in USCIS
    8) Port of Entry/customs staffs
    9) Notaries
    10) Doctors/hospitals for getting medical clearance for 485, etc
    11) Passport photo shops
    12) Airport staffs
    13) ....





    snathan
    08-16 11:43 AM
    To all the wannabe americans and GC aspirants, dont forget where you came from. You are nothing but 21st century cheap labor. Just do the right thing!

    Dont think everyone is like you...:D



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