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  • ujjvalkoul
    05-24 01:59 PM
    Say how many will be Forced to Leave after it passes ??? Remember we are kicked out now -- we will circle back with them after 3-4 years at low cost high tech hubs like Bangalore/Shanghai !!!!
    Kicked out or not....I know some of us will continue to work on H1B as long as possible...
    What i want to find out are some willing to leave as soon as this bill passes...QUIT JOB and LEAVE?
    So that we can get those numbers and these people realize that they are indeed losing something.





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  • pappu
    10-11 10:28 AM
    Namechecks:

    IV will be soon posting some updates on this. We have done some ground work on this issue in the recent past and have got positive response. Stronger support from our members, will definitely help us push this agenda item. IV feels that this issue is going to be a big roadblock for a lot of us now, after people have filed their I485s. It is possible to get a much wider bi-partisan support on this issue by us and we are already pursuing it.

    Pls. stay tuned on this issue.
    ================
    Update
    Oct 22. 2007
    http://immigrationvoice.org/index.php?option=com_content&task=view&id=81&Itemid=61





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  • bigboy007
    04-27 11:28 PM
    For me as i did similar analysis during CIR 2007 the text of the bill looks very much similar. They had the same issues on H1/L1 except now fraud prevention... Not sure where it goes... Any idea Pappu, PPL seem to be still interested in debating H1Vs L1 etc... For sure more offshoring...

    Pappu,

    I went through the text of the new bill vis-a-vis current INA and compared the old and the proposed act. Here are the findings -

    Section 101 - This spells disaster for all H1Bs in consulting companies (as FT or C2C) -

    by striking clause (ii) of sub-paragraph (E) of the section 212(n)(1), and then adding the new clauses under (F), they are PROHIBITING placement of H1B employees on another employer's site, period. This will affect NOT ONLY pure staffing (desi or non-desi) companies who place their W-2 H1B employees at client site, BUT ALSO big consulting companies like IBM/ACCENTURE/DELOITTE et al. No placement/leasing/outsourcing/contracting for services or otherwise at another employer, period - UNLESS a waiver is obtained, which will mean every company will need to obtain a waiver in order to do so, EFFECTIVELY ENDING ANY CONSULTING BY H1B.

    Section 102 - This spells disaster for all companies who's H1B+L1 > 50% total employees

    by inserting two new clauses (H) and (I) in section 212(n)(1), it prohibits H1B only or H1B preferred advertisements and prevents any company that employees more than 50 employees to submit NEW H1B/L1 application IF the total number of H1B and L1 employees exceeds 50% of its total employees. It also requires ANY company employing even a single H1B employee to submit W-2s of IRS. This affects ALL Indian IT companies like TCS/WIPRO/INFOSYS/COGNIZANT et al.

    remaining sections (103 onwards) are more about enforcement and investigations.

    Section 201 - This spells disaster for companies that bring in workers on L visas

    This also affects ALL Indian IT companies like TCS/WIPRO/INFOSYS/COGNIZANT et al. AS WELL AS some other companies that might bring in workers from their home country.

    IN SUMMARY -

    In the SHORT RUN, this hurts outsourcing industry, as they need more time, and H1B/L1 resources on site to transition the work offshore, but I agree that in the LONG RUN, it will GREATLY BENEFIT AND INCREASE OUTSOURCING.

    That will indeed be a sad day. Grassley and Durbin are trying to cut the branch they are sitting on. :) This will have the exact opposite of their desired effect.

    Hope this helps.





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  • BharatPremi
    03-13 10:51 AM
    Yes, I guess the slowdown will happen when it hits the 2005 mark when PERM was introducted and a lot of EB3 were converted into EB2

    Yep, that's "bull period". But assuming AOS bulletin mirrors CP bulletin, it looks like USCIS has decided to play with EB2-India. According to its own process, if USCIS might be working then this bulletin was not expected. 2 things I can think of. (1)EB3-ROW (From which numbers flow to EB2 -ROW then Eb2-countries) is confirmed empty and thus EB2-ROW is empty too (2) Somehow abrupt decision. If it is no:1 then it is really good news. But if it 2 then it will be bad for EB3-India as EB3-India is the MOST suffered lot during 2002-8. and Per country limit will make it more suffered with this illegitimate forward movement of EB2-India. Let's wait for AOS bulletin.



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  • gc_on_demand
    06-13 10:40 AM
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  • unitednations
    03-30 10:21 PM
    unitednations, you making this statement makes me scared. :eek:
    Shouldn't they release some memo or something before making a drastic change like this???

    They should...

    What is confusing is that in the notice of intent to deny; uscis officer stated that person may be eligible for ac21 and to give a job letter.

    The only thing I can think of is that there may have been something wrong with the I-140 (ie., too many cases file by the 140 company and company revoked it in response to an ability to pay query, etc.).

    This particular company is pretty large staffing company. i do not have any interaction with them but from what I know; they have been cancelling a lot of people's h-1b's and telling them to find other employers to transfer to. Don't know if there is a story within a story.



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  • morchu
    04-25 08:10 PM
    Understood. Now you want all H1 L1 B1 everything to be stopped. So lets vote only for EAD/AP/GC till you get your GC. After that US should stop GC also, right? (but ofcourse, naturalization still should remain open for a few more years).

    If one person can work for your job at $8/hr, and you are charging $100/hr, market would adjust itself to $8/hr (for a moment forget about who does this $8/hr, it can be a high-school kid, or anybody).The only reason why somebody blames that $8/hr kid for loosing his job is because he "thinks" he is "superior" to that kid. There are many situations where companies decide to retain "fresh college grads" and layoff "senior experienced" persons, to save money.

    Don't take me wrong, but I also think the L1 is mis-used a bit. But I personally think the mis-usage comes from other factors (like H1 unavailability, employer prefer L1 because employee cannot change to another employer in L1, other H1 restrictions) etc..

    .....I wish this bill passes with full effect





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  • srikondoji
    10-07 01:09 PM
    Hi BECsufferer,
    This time i completely disagree with you.
    There has been asset bubble in Indian properties due to cheap money.

    Read the following excerpt from March 2008.
    "� The yen carry trade is a �cheap money� gambit that exploits the extraordinarily low borrowing rates available in Japan. It is notoriously hard to quantify but is understood to have supported a series of the asset bubbles around the world in the past few years, from Indian property to fine wine and art

    � Japan's low interest rates, an anomaly in the financial world, result from Japanese central bank monetary policy, which has, Richard Jerram, the Macquarie economist, said, �defied orthodox economic thinking for more than 20 years�

    Not just realtors, but banks, Tatats, birlas and to some extent Reliance will fall prey to the folly they made between 2005 and 2007.
    They borrowed Billions of dollars for their oversees acquisitions which are yen denominated.
    NO wonder why INdian markets are collapsing even though the Indian market is de-coupled.
    Hope this explains why there won't be any property value appreciation for next few years in India as well as anywhere on this planet earth.

    Sri;

    As i said in my note, my comments are strictly directed towards markets in North India such as Greater Mohali or Ludhiana. Their had been some instances of mega-builders pulling out of mega-commercial projects such as Mohali inter-State Bus Terminal. But on same note, recent auction of commercial land by GMADA saw prices not fore-seen by general public. As rarely does anyone in north India believes on financial or non-financial promisary notes, as we do here in USA. So for individual buyers, it all boils down to cash transaction.

    My suggestion, as someone noted their is 25% appreciation of USD, is to invest in india preferbly in partnership with someone you know and can trust.



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  • pointlesswait
    05-23 01:34 PM
    When you call the law makers and tell them you support XYZ bill.. my question is what do you get out of it!

    When the lawmaker realizes that he is getting 10000 calls from LEGAL aliens,
    >who are not from his constituency,
    >who can�t vote and
    >who can�t contribute to his election campaign�
    what is the motivation for the law maker to support the bill�

    So to avoid sounding stupid and foolish and desperate when you call� a more logical approach would be to :
    a) Generate a public petition form on IV website and have all the members� login and sign the forms digitally�
    b) Then have IV reps.. fax them and send them to lobby groups �.
    c) Lawmakers will listen to one talking head�and not worry abt 1000 calls that borders on ..�saar �support the bill saar�..

    How many of you have actually talked to the lawmakers? Its always the assistant!

    But instead .. someone says we have a signed petition of 25000 members effected by immigration mess �. And it�s a hi tech workers lobby group ..every lawmaker will talk to you and not the assistant!

    Conclusion: calling the lawmakers haphazardly is actually hurting IV cause..to a certain extent!

    :cool:





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  • mirage
    08-12 07:00 PM
    No, Haven't got any response yet. But if we are able to send atleast a 100 letter with same concern, I'm sure atleast Rep. Zoe Logfren will raise the issue with USCIS...
    mirage,

    Good initiative, I will send a mail too. Did you get any kind of response back?

    Good luck!



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  • GCOP
    12-08 01:48 PM
    Friends, I already have expressed the views regarding Recapturing/ temporarily increasing Employment Based Visa Numbers for Greencard, on change.gov website . I have been getting E-mails from Transition Team. I have pasted this recent E-mail which is about Meeting with Transition Team. I think, IV Core Team members or/and people living around Chicago area should arrange meeting with Transition Team, and express and suggest our ideas regarding Recapture/Temporary Increase EB greencard Numbers to clear the backlog.

    Your seat at the table‏
    From: John D. Podesta, Obama-Biden Transition Project (info@obamabidentransitionproject.org)
    Sent: Sat 12/06/08 10:30 AM



    Everyday, we meet with organizations that present ideas for the Transition and the incoming Obama-Biden Administration. In past transitions, meetings like this have been held behind closed doors.

    Not anymore. Today, every Obama-Biden Transition staff member received a memo outlining the "Seat at the Table" Transparency Policy. I've included a copy of it below.

    The policy is pretty simple: the people and groups we're meeting with, the subjects of the meetings, and any documents shared in the meetings will now be made available on Change.gov. Most importantly, the American public can weigh in with comments or their own materials.

    Read the memo and watch our "Seat at the Table" video:




    This is our latest step toward a more transparent and accessible Transition. We look forward to benefitting from the many more voices that will now be a part of the decision-making process.

    Thank you,

    John

    John D. Podesta
    Co-chair
    The Obama-Biden Transition Project


    --------------------------------------------------------------------------------
    MEMORANDUM
    From: John Podesta
    To: All Obama-Biden Transition Project Staff
    Date: December 4, 2008
    Re: "Seat at the Table" Transparency Policy -- EFFECTIVE IMMEDIATELY

    Overview:
    As an extension of the unprecedented ethics guidelines already in place for the Obama-Biden Transition Project, we take another significant step towards transparency of our efforts for the American people. Every day, we meet with organizations who present ideas for the Transition and the Administration, both orally and in writing. We want to ensure that we give the American people a "seat at the table" and that we receive the benefit of their feedback.

    Accordingly, any documents from official meetings with outside organizations will be posted on our website for people to review and comment on. In addition to presenting ideas as individuals at www.change.gov, the American people deserve a "seat at the table" as we receive input from organizations and make decisions. In the interest of protecting the personal privacy of individuals, this policy does not apply to personnel matters and hiring recommendations.

    Scope:
    The following information will be posted on our website:
    1. Documents: All policy documents1 and written policy recommendations from official meetings2 with outside organizations.
    2. Meetings: The date and organizations represented at official meetings in the Transition headquarters or agency offices, with any documents presented as noted above.

    This scope is a floor, not a ceiling, and all staff are strongly encouraged to include additional materials. Such materials could include documents (recommendations, press releases, etc.) presented in smaller meetings or materials or made public by the outside organization without a connection to an official meeting.

    If you have any questions as to whether documents should be included, please email [REDACTED].

    Process:
    Prior to an official meeting with an outside organization or organizations, Obama-Biden Transition Project staff members will inform attendees that any documents provided will be posted on our "Seat at the Table" website found at www.change.gov. Suggested language for email invitations is: "By presenting or submitting any document at a meeting with the Obama-Biden Transition Project, you agree to allow the document to be made public and posted on www.change.gov." At the completion of each meeting or upon receipt of such documents, Transition staff will provide the documents to [REDACTED] with the date of the meeting, a list of the organizations in attendance, and the topic of the meeting.


    Notes:
    1) This policy does not apply to non-public or classified information acquired from the Agency Review Process and internal memorandum.
    2) An "official meeting" is defined as a meeting with outside organizations or representatives of those organizations to which three or more outside participants attend.





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  • pappu
    11-02 01:01 PM
    POJ method-

    http://immigrationvoice.org/wiki/index.php/POJ_method



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  • gc28262
    01-28 04:01 PM
    Memos are for interpretation of laws by USCIS. Any memo is advisory in nature and does not have force of law. These memos, unless challenged and turned downed by court or withdrawn, are valid.

    Your saying that memo is illegal does not mean anything more than your personal opinion.

    H-1B petitions have denied in past based on employer-employee relationship, unable to specify duties at end client, and self employment cases. If you are interested, let me know, I will put links here.

    PS: This does not mean that I personally agree/disagree with the memo. This is just to show the legal aspect of it.


    ___________________
    Not a legal advice.

    I know what you are referring to. USCIS has tried to raise this issue in the past in 2 instances. Once in 1990s and another in 2006 timeframe. In both cases lawyers were able to force USCIS to back down. Lot of consulting company applications have been approved since then.

    The only difference this time is, it has come in the form of a memo. It is in fact a blessing in disguise. AILA has some reference document against which they can fight in court and get it overturned permanently.

    Please refer this link

    http://www.murthy.com/news/n_repatt.html



    Legacy INS (now USCIS) raised many similar issues, in the early- to mid-1990s, regarding the length and nature of the projects in the U.S., timetable of assignments, and the H1B employer’s ability to pay the required prevailing wage. Senior Legacy INS officials from headquarters in Washington DC addressed the concerns of those examiners by pointing out that the law does not permit them to investigate a U.S. employer’s ability to hire H1B employees. The USCIS is bound by memos and policy guidance of the Legacy INS. After that memo, Legacy INS stopped issuing lengthy RFEs on these matters.
    The law does not require any such letters by end-user clients for the issuance of the H1B visas to the visa applicants.





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  • qualified_trash
    09-13 02:53 PM
    Folks,

    As a core member I thank you all for your support. IV needs your help with two things. First and foremost, our numbers need to grow. Right now we have about 6,000 members, but we all know there are far more people than that stuck in limbo due to backlogs in the legal immigration process.

    Why do we need more numbers? Because when we go to talk to people on The Hill (and I live in DC and work here and I go as well), we have to convince them that we are a sizeable chunk of people in terms of our numerical strength that will vote when we become citizens. This is why we need to get working on this immediately. Talk to your family, friends and colleagues who are stuck in legal immigration backlogs, and get them to join IV. Each existing member should get at least one new member to join up. The more, the better.

    Secondly, we need more members to become paying members. This is crucial, as all our work requires $$$. Saying "I'll pay when the work is done" does not help us. The work requires a steady cash flow, and while pledges are deeply appreciated, we can't operate merely on pledges. Many core members work very hard on raising money and on publicity.

    So, I earnestly request your help in recruiting new members as well as strengthening our funding. Thank you!

    Cheers!

    RR

    I second what rheoretro has written............

    As someone who has started working with the core group, I now fully understand the amount of work that goes into IV activities. At this time, IMHO, the best that all the other members can do is to contribute money to IV and spread the word about IV. Just getting your closest friends to sign up and CONTRIBUTE (if they are immigrants awaiting their Greencards), is the best thing all IV members can do for IV.



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  • sanjaymm
    11-04 07:46 AM
    done





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  • optimist578
    01-30 09:04 AM
    I see DOL making so many improvements, PERM process in full gear, BECs finishing up most of their backlogs, and then, no labor substitution rule. Hope USCIS takes some inspiration from them.



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  • JazzByTheBay
    07-17 10:08 PM
    Let's pick up where we left off before this July 2 visa bulletin debacle (and the resulting struggle). Though the whole fiasco did get us our first taste of success, imho, and as such isn't insignificant by any measure.

    Jazz

    we seized on an opportunity and won a battle.
    the war is still to be one.
    there is no way this over. we will fight till retrogression ends.





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  • dewang_lakhani@yahoo.com
    01-19 09:13 AM
    i am ready to contribute...please count me in...

    Thanks,
    Dewang





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  • desi3933
    08-19 01:29 PM
    Finally I am a US citizen after being 10+ years in this country. This is one of my biggest fulfillments and it means everything to me. US is just not home anymore for me, it is my country.

    I wish everyone the best and hope they get GC very soon.

    Proud to be an indian-american and legal immigrant.

    Good Luck!





    ita
    08-25 10:54 PM
    Thank you very much





    JazzByTheBay
    12-12 10:15 PM
    Do you think the drive would have reached its original goal yesterday/early today without the January visa bulletin retrogressing us even further...?

    I have my doubts about that... :)

    And how far in the past would we need to retrogress to get another funding drive done...?

    jazz

    I dont think theres any doubt in the value iv is providing - selling it is the issue. I can be proved wrong in a month but the ongoing funding drive is kind of a ray of hope that people will be willing to give both time & money to help themselves and others.



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