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go_gc_way

12-28 07:19 AM

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ami ami james chris garver

desi485

03-15 11:11 PM

I agree with you completely ! I wish and pray Interfilers and labor substitution applicants rot in hell.

You are a frustrated fool.

I have a friend who despite eligible for eb2, his employer filed in eb3 without his knowledge. He only came to know about this after 3 years after his labor got approved and got I-140 approved. The employer didn't provide him any papers for labor cert but somehow he got hold of his I-140 notice approval. He changed his job now and filed eb2 with new employer. I see no reason why he should not do interfile.

You are frustrated because of retrogression. Why don't you curse others, not those little less fortunate, from so called retrogressed countries? I have seen people in my organization coming from ROW countries and getting complete GC in less than 15 months. You should really get frustrated with country quota, not with your fellow sufferers.

think before you act like a fool. Say honestly that you never tried any legally available shortcut in your life.

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485InDreams

09-26 09:33 AM

I jus send the mail to editor...
I've also send the link to businessweek and Nytimes..where they have written it correctly...

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pd_recapturing

03-07 08:09 PM

Okay. Even if we send the AC21 letter to USCIS, whats the guarantee that they will take action or even read it. AC21 letter is not going to be a paid service and USCIS will treat this letter as any other letter like interfile letters. I am not sure whether USCIS has any specific PO Box for AC21 services. In my knowledge, there is none. I had sent my interfiling letter in early Oct 07 and there is no information from USCIS on this. Today, I went to meet an IO thru Infopass, the first layer of service lady was so rude that she did not even allow me to meet the actual IO. She said that this kind of information does not come on computer so IO would not be helpful. She was not at all listening to me. My point is can one make sure that his/her AC21 letter has been accepted and acted upon. If not, is there any need to send the AC21 letter?

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jkays94

07-10 02:39 AM

It seems several persons are already discrediting the lawsuit and from the comments I have seen, it is apparent that some have not read the entire complaint.

In order to understand how a civil lawsuit works one needs to understand that in a complaint, one makes no legal arguments, does not cite case or precedent law but only cites the simple facts. The other side can respond to the complaint and deny or accept the allegations in part or in whole. Many cases do not go to trial, they end up in settlements or are decided through summary judgement (http://en.wikipedia.org/wiki/Summary_judgment) (for the plaintiff or the defendants) if the case has undisputable matters of facts and one of the parties petitions for it. Several processes also take place ie Discovery long before an actual trial. I recommend reading the following wikipedia entry to familiarize one at a high level with the processes and rules involved:

http://en.wikipedia.org/wiki/Federal_Rule_of_Civil_Procedure

To get to the core legal arguments behind the case, one needs to read the counts (they are only stated and not argued/expounded on starting pg 13). Namely those are:

COUNT I: VIOLATION OF THE FIFTH AMENDMENT (http://en.wikipedia.org/wiki/Fifth_Amendment_to_the_United_States_Constitution) (constitutional rights issue)
COUNT II: VIOLATION OF THE ADMINISTRATIVE PROCEDURES ACT (http://en.wikipedia.org/wiki/Administrative_Procedures_Act)
COUNT III: DECLARATORY JUDGMENT ACT (http://www.justice.gov/usao/eousa/foia_reading_room/usam/title4/civ00036.htm)
COUNT IV: EQUAL ACCESS TO JUSTICE ACT (http://www.hhs.gov/dab/guidelines/eaja.html)
COUNT V: PROMISSORY ESTOPPEL (http://en.wikipedia.org/wiki/Promissory_estoppel#Promissory_estoppel)

There are several laws cited above, its thus puzzling to see requests for one to cite the laws USCIS/DOS is accused of violating when its all there in the lawsuit. The plaintiff has the burden of proving the counts they have stated at the appropriate time and not in the complaint. One does not play all their cards in the initial complaint.

Even more puzzling is the persistent fear that there would be retributory action from USCIS. Judges do not take kindly to such behavior and USCIS would have no chance defending itself on charges of retaliatory actions.

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nat23

06-11 12:05 PM

Sent

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singhsa3

02-22 09:18 AM

In ancient times there used be gods for every potentially powerful / Harmful things that people were afraid of . For example:
God of Fire : Hephasistos for greeks, Agnidev for Hindus, Vulcan for Romans
Godess of Wisdom : Athena for greeks, Sarswati for Hindus, Minerva for Romans
King of gods : Zeus for greeks , Indra for Hindus, Jupiter for Romans
etc etc...
So in the modern times we have the following gods, and we are afraid making them unhappy
God of Visa Bulletien : DOS
God of Visa issuance : INS
King of gods : The Lawmakers.

Then there are priests , who claim to have direct connections with these Gods. :D
I agree with you.
This guy googler just wants 5 minutes of fame and attention. By talking about such sensitive information on the forum, he is risking anything good that can happen for us in future. DOS can get unhappy with this official for discussing such information. I can understand the motives of lawyers for announcing on their website. They want publicity and business for themselves by showing off their connections.

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NKR

07-03 11:09 PM

May I suggest the following reservations:
20% Other Backward Countries (OBC)
15% Scheduled Countries (SC)
15% Scheduled Territories (ST)
5% Kins of the armed forces
Remaining 55% for Highly Skilled people

Notfunny dude..

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singhsa3

02-21 02:41 PM

Assuming you are right then,
average visa issued for EB1 ROW+Non ROW over the last 5 years have been 26K,
Now assuming this year the demand would be close to average then. It leaves 14K for EB2
Implying 12/2003 dates movement is very likely as 14k>5k (your number)
I can share some estimates for EB2 India through Dec03. I wish had the cases as a database, Then we could query for all dates.

Column 1: PD
Column 2: Nbr. Of EB2 India pending from
Column 3: Estimated Universe of EB2 India Pending ( to Universe ratio of 6.75%)
Column 4: Cumulative EB2 India pending

2000-01 0 - -
2000-03 0 - -
2000-04 1 15 15
2000-06 1 15 30
2000-08 0 - 30
2000-11 1 15 44
2000-12 0 - 44
2001-01 0 - 44
2001-03 1 15 59
2001-04 3 44 104
2001-05 2 30 133
2001-06 6 89 222
2001-07 3 44 267
2001-08 1 15 281
2001-09 1 15 296
2001-10 6 89 385
2001-11 2 30 415
2001-12 2 30 444
2002-01 5 74 519
2002-02 4 59 578
2002-03 1 15 593
2002-04 3 44 637
2002-05 11 163 800
2002-06 7 104 904
2002-07 5 74 978
2002-08 5 74 1,052
2002-09 5 74 1,126
2002-10 14 207 1,333
2002-11 16 237 1,570
2002-12 11 163 1,733
2003-01 13 193 1,926
2003-02 12 178 2,104
2003-03 20 296 2,400
2003-04 13 193 2,593
2003-05 16 237 2,830
2003-06 17 252 3,081
2003-07 22 326 3,407
2003-08 18 267 3,674
2003-09 18 267 3,941
2003-10 29 430 4,370
2003-11 17 252 4,622
2003-12 18 267 4,889
Total 330 4,889

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GT7481

07-23 08:46 AM

Assumption : You applied for H1 B from India before comming to the US in that case you did not submit I 94.
Yup you can work on your new H1 B from oct 07 with out going back to India, you can think about auto revalidation(canada/Mexico).

GT7481

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arsh007

02-01 11:38 AM

Looks like there is now an increasing awareness of how Desi Consulting companies are bringing in a bad name to the entire desi population in this country.

Found this email from Google H-1B Group: from
infoprovider_ 2 at yahoo dot com.

Hi,
I would like to inform you about the large scale fraud going in the
technology world today in USA. I know of many small-mid sized IT
consultancies in US, which are founded by Indians. They recruit people
(1) with degrees from various fields, most of the candidates recruited
don't ever have any experience in computers. They train them in some
tools (2) and change the resume totally (3), someone who has knowledge
relevant to the job takes the interview instead of the actual candidate
and they get placed. Ironically, even though these jobs advertisements
say that around 5 years of experience is required, usually someone with
not so high aptitude and limited trainig in that parituclar tool (2)
can manage to sustain in that position, this is very real, these jobs
can be done that way. They manage to get jobs in the biggest of US
companies (4).


This consultancy fraud is know to almost every Indian working in the
technology sector. The consultancies almost don't take any one other
than from India and surronding countires like Bangladesh, Srilanka. 99%
of those i have seen are from India and the remaining 1% from
Bangladesh, Srilanka etc.

How many are doing this?
I believe there would be atleast a few thousands of consultancies.
Wanna find them? SOme of them advertise in Indian content sites such as
sulekha.com. Look at the right hand side of the page
classifieds. sulekha.com

Who is loosing due to this.
If this jobs can be done by someone with no experience in that
technology, can't these be done by those americans who have a better
experience (say 2 years or even 1 year), these folks work sincerely and
go with correct resumes get X dollars where as the fraudsters get 3X -
5X dollars.

I don't say that every one from India are doing this. But a significant
many are doing this. I know around 30 people working in US in
technology sector. Over 20 are working this way. I can confidently say
hundreds of thousands are doing this today and each year at least 50000
(from student pool, dependents pool, directly coming to the
consultancies as H1b workers from India) are joining them. Also, I am
talking about the small to mid sized (1- 1000 people) consultancies not
the big Indian consultancies such as Infosys and TCS.

Solution:
A lot of things can be done. But the simple thing that's easy to
implement by the americans and thus not impede their productivity by
spending too much resources in verifying the authenticity is this
Let the INS provide the details of the H1b holders to the companies
when asked by the companies only (this is similar to letting others
e.g., housing provider, know about one's credit history). So, with the
applicants SSN the companies can see the basic information like when
the applicant has got his H1b approved and the resume submitted by the
applicant with his H1b application (usually not many applicants give a
very wrong resume to the INS while applying for the H1b). This
eliminates almost all the cases of fraudsters (since they can't come to
US today, one or two years ago and say that I have been working here
for 5 years). This is one simple solution, easy to implement.
There are many othere solutions



(1) Whom do they usually recruit

Thousands of students come from India every year to pursue Masters
degree. They come to pursue Master's in various fields, the fields in
which they have done their bachelor's back in India. Only about a
quarter of them manage to get jobs in the fields in which they have
done their Master's as direct employees of the companies. The remaining
join these consultancies as they can easily get jobs through the
consultancies.

Dependents, mostly those who come as spouses (coming as wives). They
might have done some bachelors degree or Masters back in India in some
field. Many of them not in computers. They don't have any experience
there. They can easily be placed by the consultancies.

SOme others pay these consultancies for sponsoring H1b visa. Typically
the consultancies take the fee required for teh application and the
lawyer fee (usually USD 2500-USD3000) . SOme of these cases are those
with experience in IT in India. But significant number of the remaining
are not experienced. Recently I have seen people who have been to other
countries for their studies like Australia and Europe coming through
the consultancies this way. Even most of these guys have no experience
in IT, most experience in no field.



(2) Which technologies they work in
I have seen that the technologies they work in are in which the pay
rates are high (because of lack of skillful people) like SAP,
DataWarehousing tools. They also work in other fields like Testing etc.
There are literally hundreds of thousands of jobs in these fields.

(3) How much is the resume changed
They change the resume totally. Every resume says the person has worked
in US for over 4 years, doesn't matter if it is someone who came for
masters to US an year or two years ago or someone who very recently
came as a wife to someone.
All most everyone's resumes have over 5 years experience where as in
reality almost everyone don't have that much experience. If someone has
that much experience they wouldn't go through these consultants who
take a big fraction of the pay they get from the clients.

Can't it be detected?
No, in most cases its hard (expensive) for the recruiters (the clients)
to find the authenticity of the resumes submitted. There is no proof
that these resumes are authentic. Just in case some references are
needed the consultancies give a dummy reference, and some phone number
(they can ask some contacts, their acquiantainces working in some
companies to take the call,if at all they feel that the client will
find out from the phone number which company does this phone number
belongs to, but most of the client companies don't go that far too, so
a guy's mobile number who is working in the consultancy itself can be
given as referencees contact number). It is hard to remember the voice
by the interviewer after a few days of the intrview and usually these
candidates join at least after a week after taking the interview (even
if the candidate joins in 3 days, its hard to remember the voice as the
interviewer usually interacts with many people (particularly they being
in team lead or managerial positions)



(4) I personally know people working in Microsoft, IBM, TEK systems,
Cingular, Amazon, Accenture, Citigroup etc. This says such people are
working in almost every technology company in USA
So then, how is an American, like me, who spent tens of thousands of
dollars to get thru 3 yrs. in a technical school that ended with a
Bachelor degree in Science with Computer Information Systems, with
honors, supposed to get a job in the IT community while these
fraudulent (most likely illegal alien Indians) take the positions away
from me? I worked my a$$ off studying hard, working hard, worked at
the school, even took an extra course study in computer hardware
configurations, and STILL, these IT companies DON'T want to even speak
to me because they OUTSOURCE from these FRAUDS! How FAIR is
that???!!!

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apt29

11-11 05:00 PM

Is there any IV member in DC willing take up this task, while we work on document?

The next step is really to get an appointment with the official. We can get signatures/representation much easily.

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PresidentO

02-04 11:58 AM

Actually country quota may be unfair based on skills. But green card is not the selection of brightest in interview or test. All the cases of gc are tested and everyone are equally important. For example scientist in Nasa and a Programmer in a Tech company are important. If really see merrit Nasa scientist must have priority. But really everyone is important as they are important for their employer. So having country quota will not select any incapable persons as every candidate is tested.

Also even if country quota is eliminated there is not going to be much difference in EB3(May be 6 month to 1 year PD difference). If you put calculations you can understand very well because unused quota is used in last quarter. Better calculate before starting compaign. May be another few thousand Visas could be utilized as Visas may not be wasted. If Recapture bill is passed with or without country quota then entire EB3 will be benefited. Otherwise it is just helpful to spoil the chances of row people at the same time it will not give much benefit to EB3 Indians.
I remember that EB3 persons were angry with EB2 people for a few months as they got all of other countries EB2.


Dude! Skills based mean not because of your country. That is it. Stop there. What people are clamoring for is single line as both the Nasa scientist and programmer are equally important to their employer. Now, no one knows who will get out first even though he/she has both merit/old pd and other crap. Country cap removal is not the only solution. Recapture with carry over going forward and/or increase of EB numbers to 250K or above is the complete solution.

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Dakota Newfie

07-02 07:50 PM

I've said it before and I'll say it again - I don't see how the per country limit is unfair! It was set up so that immigrants from ALL nations would have EQUAL opportunity to immigrate to the U.S. and to prevent any one (or two) countries from monopolizing the visa numbers. Getting rid of the per country limit would most certainly lead to immigration from a limited number of sources (countries) and thus jeopardize the diversity of the immigration process. Getting rid of it would be like robbing Peter to pay Paul because those countries who are severely retrogressed now would only see limited benefits and those who are not all that retrogressed would fall backwards - is that fair!? It seems these forms are dominated by "certain" groups who have their own agenda and don't really care about ROW! It makes me feel uncomfortable being an IV member from ROW!

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reddymjm

06-03 05:01 PM

dont do it ..on L1A under NIW he/she can get a GC without labour. Just file I140 and then 485 NIW ..that would be really stupid to move L1A to H1B
Then wait for 180 days to take advantage of AC21.

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royus77

06-22 04:00 PM

correct me if i'm wrong , but you can get 140 approval notice requesting thru' FOI Act don't u ...

so after 6 months of filing 485 ( given that u have the receipt notice ) u r pretty much free to take your process with u.


You wont get the copy of I 140 using FOI act ( its a company document) unless your employer/Attorney is willing to share with you.You dont require copy of I 140 to move after 6 months using AC21 . All you need to know that you are moving to a similar position .for that a copy of your approved LC is sufficient

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sunny1000

01-19 10:40 PM

Well, this is NOT a cooked up story. This happened to me yesterday at Harlingen (HRL) Texas airport.

On January 16, 2008, I went to Mexico for H1-B visa stamping at Matamoras US consulate. I got my H1-B visa stamped and returned to Brownville, Texas.

On January 17, 2008, I was at Harlingen (HRL), Texas airport for my final destination.

One of the TSA security personnel’s is in process of verifying my ticket before proceeding to security check. As every one knows, we must present one of the government issued PHOTO-ID to them to clear the security check. I have shown my driver license and he has cleared the security check (name check).

I was about to proceed further for security screening; mean while, a Police Officer came to me and asked me following questions.

Sir, are you a US citizen?

I said, No

Then, he asked me, can I see your immigration documents.

I have shown my passport to the police officer.

He looked at H1-B visa and I-94 and asked me; who do you work for?

I said my employer’s name.

Later, he gave me my passport back.

Now,

I have asked the Police Officer few questions

1. Sir, I’m in domestic traveling, is it mandatory to carry my immigration documents at all times?

Police Officer said, as per the US LAW, all non-immigrants must carry immigration documents and passport at all times.

2. What would you have done to me, if I had failed to present my passport?

Police office said, I could have DEPORTED you.

3. Sir, it is not possible for any one to carry passport at all times. Could the LAW allow me to carry photo copies of my passport and immigrations documents?

Police office said, No. Technically, you must carry original documents at all times.

I would advice you to carry Passport at all times.

I did not know this until Police Officer told me about this LAW.

P.S: BTW, the Department of Homeland Security (DHS) level is in “ORGANE”.

Are you sure that it was a police officer and not a CBP inspector? The reason I ask is that the fact that you mentioned that he said that he could have deported you. Also, it was after the security check where CBP inspectors are present usually.

I was stopped by a cop for allegedly speeding in Vermont. The second question after asking "do you know why I stopped you" was that "what nationality I was" and "am I a U.S citizen"? I answered him and he asked what was my profession. After that, he just took my drivers license and issued a ticket. He also gave me a break and reduced the speed reading by 5 miles in order for me to pay lesser fine. He did not ask for my passport or immigration papers.

I flew into JFK last week from India and there was a CBP inspector standing at the yellow line where I usually wait for the next available inspector. He asked for my passport to see the visa and then, he let me go to the immigration counter for processing by another inspector. This is pretty new as I flew back to JFK from India in Nov and I was not screened before getting to the immigration counter.

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delax

07-13 10:48 AM

everybody ..I think 70% of green card filers know that Murthy is money maker and does not help our community much at all...
she is just making up to show to world that she is doing some help for us..

we still have to appreciate her efforts tahts all.

MONEY MAKER - who isnt a money maker. Welcome to the world of Capitalism. I dont think any of us are in a position to comment on whether she helps our community or not. Here is a fact - On her call last week she mentioned that the Murthy Law Firm is one of the biggest financial contributor to AILF - who by the way are ready to file the class action lawsuit. If the lawsuit is successfull and given AILF's funding source - will you exclude yourself from the potential benefit because Murthy's funds were used to support the litigation - who's piggybacking now :)

Again - Its not one against the other - Please bear in mind the DUE PROCESS of LAW has been violated by USCIS resulting in a curtailment of your substantive rights (EAD, Parole, AC21 etc). I would not care who fights on my behalf so long as the outcome is to correct the earlier mistake.

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ajay

01-18 11:27 AM

I definitely agree and I had similar experience first hand. I realized this when I went to renew my DL ..I had 2 consecutive EAD's in hand ..one expiring on 5th and the other starting from the 6th ..I asked the DL office to renew my license (I went there 1 week early) but they refused ..they wanted me to come on the next day and drive to the office on expired license ..no matter what I said ..they said sorry (not that courteous) ..I said "do I take a holiday just to renew on 6th" ..they said we don't care ..I said I have to drive on expired license and what if cop catches me ..they said "not our problem" ..talk to immigration people ..I said do you know how broken that is ....same attitude from my manager ..his reply ..well you guys decided to come to US..
soo I guess same thing will happen if u have immovable assets ..they will say ..well you shd have realized this before u bought something on a temporary status ..or in few words they will say "we don't care ..not our problem" !!!
Are there such people around? Sorry to hear your experience. And we don't have anything to defend ourselves here!!!

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softcrowd

03-18 09:37 AM

I am 04/2004 EB2 and I just hope that Ron's prediction comes true.

One thing about his April PD movement "prediction" - Ron Gotcher never predicted that..He just said he passed on what he heard from an official.

But in this case (July one), it looks like his prediction!! So lets see!

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Refugee_New

07-28 01:17 PM

I would recommend each and everyone...be it a believer or a non-believer..
to read the book by Richard Dawkins: The God Delusion..

If u have even an iota of rationality ..you will appretiate the beauty of his argument...This book is a must read for every mortal...

You can get a "used" copy on amazon for 3$...please..i beg u guys to read it!

if you have the PDF version of it then please post it. $3 is too much.

hehe hehe i am an IT guy.

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