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  • BECsufferer
    02-13 06:52 PM
    FYI .. This post is what I received in e-mail few days back.

    I would like to bring to the notice of your readers, editorial committee and leaders of
    the Indian community of a systematic way that (legally) the US Government is practicing
    legal ethnic cleansing of Indians and Chinese and other H-1B visa holders.

    While it is agreeable that the current economic downturn is the worst one has seen.
    It is time to band together with what resources we have and make it thru this perfect
    storm. However, the machinations of a few politicians and the further connivance of the
    USCIS, we are about to see a systematic 'legal ethnic cleansing of Indians and other
    foreign professionals'.

    Leaders of the ethnic Indian community should take up this issue. Leading Indian attorneys
    such as Chugh Firm, Khanna Firm, Sheela Murthy, and leaders like Dr. Romesh Japra and
    Yogi Chugh etc should do something about this with their contacts at the highest levels.

    How is this happening and why is it ethnic cleansing?

    Since 1990's every year several thousands of Indian professionals come to the US. Because of
    delay in processing of their Green Cards a vast majority of them are on H-1B.

    With the current downturn, Sen. Grassley et all have raised such a stink that companies are
    forced to lay off H-1b holders first before they lay off any other US employees. While the US
    employers may not always do this. They are being shamed into revealing how they laid off
    US Citizens before laying off others. Net Net....Indian professionals are being laid off from
    large companies (ofcourse, along with layoffs of US citizens and Green card holders as well).

    Now, having been laid off, H-1b holders are forced to leave the country within 10 days if they
    do not find another job. Now, many are forced to leave the US as they cannot sustain living
    in the US. However, some enterprising few are finding lower paying jobs or are finding so called
    'body shopping companies' to file their H-1b transfer in anticipation of staying around till the
    economy improves and they can find suitable jobs. Here is when the systematic targetting and
    ethnic cleansing is coming to the fore. The USCIS in the past which did not, out of the ordinary
    question such H-1b transfers. is raising Request for Evidence (RFE) from these companies.

    These RFEs are raised in such a way that it is impossible to answer them. They are thus
    not only targetting the H-1b candidates, they are systematically undermining the people
    (companies) who want to help out H-1b candidates out of their predicament of being stranded.

    Imagine living in the US for the past 8 years. Owning a home, then getting in line for the
    Green Card. You are close to getting the green card but because of backlog you only get
    what is called the Employment Authorization Card (EAD). So, you continue to be on H-1b status.
    Then your employer fires you....

    There are two paths here.....Technically, with a EAD card you can get employment anywhere
    with what is called US AC21 Portability.However, AC21 EAD portability comes with the need
    that a person with EAD should have another job with the exact same profile and same salary.
    In this market who is going to give you a job with this exact profile as your old job. The only
    way for a person to stay on 'legally' is to file a backup H-1b.

    Thus a person in the 'last stages' of his green card also actually ends up joining a fresh h-1b
    software professional.

    Now, what will the USCIS do? They will ensure that they find some issue with the RFE response
    provided by the 'body shopping company' and issue a denial of H-1b extension.

    The body shopping companies are trying to be the Raoul Wallenbergs (helping with visa when a
    person is in distress - http://en.wikipedia.org/wiki/Raoul_Wallenberg). However, the USCIS will
    ensure that literally hundred thousand Indian and Chinese professionals are kicked out of the
    US. The same professionals who came to US to contribute to its success will now be kicked
    out of US against their wish. The companies who are willing to help them will also be harassed
    in the bargain, some of those companies will be investigated for non-payment of wages, some
    of them will be subjected to USCIS audits for trying to help these helpless people whose lives
    are being uprooted.....I am not in any way saying that lives of US citizens is not being uprooted.
    These are very tough times and there is no reason to pick on the helpless, unrepresented people.

    This is as un-american as it gets. US is famous for its chivalry. Over 5000 lives have been sacrificed
    in Iraq to foster democracy and fairness in that part of the world. This is an un-American as it gets.
    This is a planned lynching and killing of the 'spirit' of the foreign worker who came to US dreaming
    of making it the American dream and participating/contributing to its success.

    What should the USCIS do?

    Given the tough times...They should allow people to stay on in the US as long as another
    employer is willing to keep them in status. They should not question the H-1b applications as
    everyone knows that USCIS can find issues with every single H-1b extension filed right now
    with their respective offices. As someone said - Rejecting a H1b now is like issuing speeding
    tickets at INDY 500. Even the largest companies such as Microsoft and IBM can have their
    H-1b applications rejected by the USCIS with the silliest of excuse.

    What is in it for the USCIS not to do this ethnic cleansing?

    Long term vision for America not just right now. This year the US Embassies in India issued over
    98,000 visas to students from India. These are students who are paying their way thru education
    in the US (a country with the most expensive but best education). If it turns out that US specifically
    targets Indians for 'special h-1b rejection treatment' literally half of them will never aspire to come
    to the US within the next 2 or 3 years.

    Right now the economy is bad, but it will improve: It is a 'perfect storm' right now which is causing
    this downturn. The economy will surely improve in the next few quarters. There will then be new
    sectors of the economy that will boom that will need professionals. There will be enough work by then
    for these H-1b professionals as well as US residents.

    Confident and free people contribute positively:
    If the word spreads that even in bad times this society did not turn on them then the US people
    will be appreciated. But, if the message is, when you are down they will kick you where it
    hurts, then this society will not succeed. Just imagine, there are at least 250,000 (maybe more) people of Indian
    and Asian origin who would end up buying a house if they knew for sure that they could continue
    to live without the fear of being 'ethnically cleansed'. Most Indians and Asians save money and do
    not splurge. Just this measure of confidence will ensure that they will spend money in the US
    economy. Just their contributions will ensure that there is a bump in the housing sector.

    Finally, As they say - "Those who do not learn from history are forced to repeat it". The US
    is perpetrating a betrayal of people who could contribute to its success in the long run. But, what they are
    getting is a form of 'systematic and legally driven ethnic cleansing' - they are being identified and
    driven out of the country which they have loyally served for varying periods of time.....

    God Bless America....God Save America from 'some' of its own people.

    Thanks.

    Dude;

    This is called natural correction. Read other posts and you would realize that for last 10 yrs majority of these so called IT programmers didn't even go to proper engineering college. More than half of them weren't even qualified to do the jobs. And than most of them came here and sat on bench, even though their actual jobs were still being searched or finalized. This system was mis-used and abused. Now it's time to pay for it!

    So thank God this is happening and hope USCIS does good job this time.





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  • gcisadawg
    03-09 06:52 PM
    Quick question guys :- My PD is feb 2008 and I140 was approved in july 08.
    I also want to call my congessman, can you please tell what are the things you talk to them?

    A brief guidance will help many others like me to make a call.

    ~

    I asked our area congressman to inquire about pending I-140.
    Instead, they inquired about pending I-485 and came back with a message saying" Sorry, you have to wait it out since your PD is light years away as compared to current EB3/I processing date"





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  • sanjeev_2004
    06-30 09:33 PM
    In my opinion July 9th onward is the best time to send 485 packages to USCIS. But this is only my opinion and understanding and every one is free to do any thing with their own decisions or with help of their attorney.

    Most of the time my many decisions didn’t proven to be good in past as for as my GC processing goes. So please take your own decision yourself and dont be stressed.





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  • perm2gc
    01-02 05:58 PM
    Posted about IV on www.denverindians.com

    http://denverindians.com/forum/display_topic_threads.asp?ForumID=9&TopicID=152&PagePosition=1&ThreadPage=1
    Thanks jonty_11



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  • uma001
    10-01 10:04 AM
    Although they promise a lot of things on paper, we generally skip reading the fine print. Fine print generally would include this clause (language will be a bit different)...

    Same thing in company's point of view, if they invest in endless lawyer fees, filing fees, humongous paperwork and easily these days GC process take 5-35 years and during/after this time, What is the guarantee that you will still stick with the company - after all this investment of time & money? Companies need visible & predictable ROIs.

    It is the age of cost cutting. If you don't like it, just quit it & start a company on your own and show them how to run it by sponsoring GCs left & right.
    f your skills are in high demand, they will make you the king. If supply is high for your skills, they will go for someone cheaper..

    Green card processing costs only $12000 max..Its not a big deal for such big companies.They just dont want to do the favor.
    getting green card itself takes min 10 years. so you r going to stick on to this company until that time. is that not a gaurantee. working for 10 years with same company.
    you know y consulting companies file green card immediately. they do that becos the employee will stay with the company for a while.American companies do not realize this.
    one of my friend came back to compny as a consultant. now they are paying two times more than what they were oaying him as full time employee. is that not an expense to the company...why they r paying him that much now , instead they should have filed his green card.





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  • Aah_GC
    04-25 10:33 AM
    Am just curious to know how many of you (approved ones) used AC21 portability and if there were any ramifications. Would be great to know what the experience was and can help the rest of us.



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  • chanduv23
    11-14 10:44 AM
    Dont take me wrong on this one... but If I am not wrong rajuram wants some one from her dis. to call her. Here is my experience in this week.

    I called Zoe's Office recently but lady over phone told me to call my local lawmaker. She didnot give any detail on HR 5882. She told she is not aware of it right now. I went online to send email but I got this message when I put my zip code.

    'Access to the requested form is denied, the zip code which you entered does not provide access to this form.'

    We need some one from her district to call her office and find out.

    We need support from california members on this one.

    Rajuram can call his local office. Rajuram can energize base around him and lead a team. There are a lot of things Rajuram can do other than sit and give orders to others.





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  • BharatPremi
    08-29 04:00 PM
    Desi consulting company and reliable ?:D:confused::D:confused::D:rolleyes::rolleyes::ro lleyes:



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  • desi3933
    01-30 03:26 PM
    Ok now I am very very confused :confused:

    Your statement mentions that the 485 does not cover out of status from last non-immigrant visa entry to 485 filing. I have always been working during that time. No issues.

    Good. That means you were in-status at the I-485 filing. Submit documents mentioned in RFE and you should be good.


    After filing 485, I exited and reentered twice using my H1. Last entry was in March 2008 I think. After that, I changed employers using AC21 and got my H1 transferred so I was still on an H1 status. Finally I departed the US in Dec 2008 for vacation while still on H1 status with an active job. I got laid off while I was out of the US.

    Now, at that time I had a stamped H1 as well as an AP. I could have used either. However, I felt that using the H1 would be wrong as I no longer had a job with the H1 employer. So I decided to brave the secondary inspections and entered on AP. Since then I have been looking for a job.

    My question is - Is the time I haven't been working considered as Out of Status?

    >> My question is - Is the time I haven't been working considered as Out of Status?
    No you are not. Like I said out of status UNTIL date of I-485 application is most important.

    ____________________
    Not a legal advice.
    US Citizen of Indian Origin





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  • fcres
    07-23 03:52 PM
    This is the press release in April that became effective Jun 18th http://www.uscis.gov/files/pressrelease/RFEFactSheet041207.pdf

    And this is the inter office memo
    http://www.uscis.gov/files/pressrelease/RFEFinalRule060107.pdf

    It does say CIS MAY deny a case if the initial evidences are missing , though adjudicators are urged to use this option judiciously.

    Mine was filed without EVL and it has been receipted (in June). My lawyer asked me not to worry about it.



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  • Canadianindian
    04-01 11:01 AM
    This is Sanjay Sood from NJ. I am also stuck in the retrogression process, and can be reached at hppdelhi@gmail.com. Sanjay





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  • gc_on_demand
    11-14 10:52 AM
    Totally agree, very nicely put. They will hear - listen if we present ideas that are pertinent to the existing situation. Nothing more pertinent than the housing mess. No one cares about old jaded ideas like "high talent" etc.

    Can people in California approach Zoe Lofergens office with the idea?

    On my part I will start sending letters and emails to the law makers.

    Some one in the core has to take the lead and give some direction to this effort......

    Do not regret if six months from now the housing crisis has cooled a little, no one will listen to us then. We would have wasted another chance. Do not take it for granted that now Obama is in office, he will do smoething about our problems.

    If you are from california plz make a call. Or if you know some one have him/her call to her office.

    We need to keep moving ahead on this one.



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  • gimme_GC2006
    05-15 10:00 AM
    If we have all resources required to do MBA fulltime from a reputed school then there is no dilemea, one should opt for it. When resources are limited (need to work fulltime, has family with small kids, limited $$$ etc) then online is a better choice compared with part time. Students working for an Online MBA do develop good network and such degrees are being more and more accepted. Online course needs more descipline and dedication than the regular courses. The interaction between students and professor is more in a online course than in a part time course. You spend more time in research than in travel. Flexibility is another advantage.

    My client CIO did MBA from University of Pheonix in 2006 and he was hired as CIO in 2008. I am talking of a company with more than 5000 IT staff. So its my opinion that Online MBA is valued by the industry.

    http://rankings.ft.com/exportranking/online-mba-2009/pdf

    I totally agree with first para..but your client CIO getting promotion out of a Phoenix university degree surprises me..many people discouraged me from going there as they dont require GMAT to start with.





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  • hsm2007
    10-11 11:56 AM
    Guys,

    After responding to the RFE last week, I have been seeing continous LUDs on my 485. They were on 10/8, 10/9 and today on columbus day 10/11. There was also one when they registered my RFE response on 10/6.

    And to add to that I received a FP notice for both spouse and myself but the date isn't until after 3 weeks. Can I get the FP done early? I don't want them to sit on my application for another 3 weeks just because they are waiting for my FP.



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  • ramus
    07-02 07:43 PM
    If you don't belive in giving fight back and feel not contributing then its okay..


    WHY funds man..Please concentrate on something else instead of working on this lawsuit. It is waste of time I think..This is my openion.

    Ask funds for some other work but not for lawsuit..





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  • imh1b
    12-23 03:51 PM
    Anyone filed a lawsuit yet? Someone please update.

    There was one guy who was planning to do hunger strike some time back. Did he actually do it?

    Or are we all waiting for the next visa bulletin?



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  • inskrish
    08-16 12:59 AM
    September bulletin was out today..Wondering why there was no thread yet on IV..EB2 india shows visa number available with a cutoff date of APRIL 2004
    http://travel.state.gov/visa/frvi/bulletin/bulletin_3761.html

    Sorry, you are late to the party.:)





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  • WAIT_FOR_EVER_GC
    06-10 06:39 PM
    Me and 10 of my friends at work have sent the email.
    My wife and the wife's of friends have sent too.





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  • 485Mbe4001
    06-08 11:57 AM
    I would agree with the others that name check is a black hole. I had contacted congressman and senators during 'meet the lawmakers', but my contact at the congressmans office said that there is nothing that he can do to help me expediate the name check.

    After 3.5 years waiting for my PD to be current i took an infopass appointment only to find out that i am stuck in name check. I had no reason to think about namecheck, i dont even have a parking ticket. Even the immigration officer said that there is nothing much he can do about it. For all other RFE's etc we can provide documentation etc. there is nothing you can do to speed up your name check. if you are stuck then just pray that you get out of this hell hole.

    There is a yahoo group called namechecktrackker that was started by an IV member, it has about 1000 members.
    FBI has also stopped responding to congressional requests and WOM. refer to aytes memo of Dec 2006


    http://www.cyrusmehta.com/related/Ayetes_Memo_on_Name_Checks.pdf


    I would actually also suggest requesting a meeting with both senators and congressperson in your area, rather than sending a webfax.





    mheggade
    07-18 04:17 PM
    I could seee all the EB3 folks with PD older than 2006 and EB2 folks with PD older than 2008 will be cleared off in the next two years. I am sure there wont be not more than 1 or 2 years delay between EB2 and EB3 categories in near future.And there are lot of things going to happen for employment based immigratin in the next two years.


    vdlrao,

    I disagree with you. Per my calculation USCIS should have at-least 158k application with PD 2002 and 2003 (all chargeability, all cat). And yes I have arrived at this number after deducting already approved EB2 and EB3 numbers.
    If you do INDIA:CHINA:MEXICO :: 40:30:30 ratio.

    The break up of outstanding I485 looks like this

    India :- 64k
    China :- 47K
    Mexico:- 47K

    As per my calculation Eb3 India do not have good outlook.





    go_gc_way
    12-29 11:23 AM
    good question - I do not visit the website often. I remembered the website out of the blue only yesterday. After about 1 1/2 year I visited that website yesterday. So it was out of my mind.
    Also, I am cannot use internet at work that often and going home I have other stuff to take care, dont get enough time to come to IV as well. I am glad you could do what I should have done long before :).

    Thanks WillBLucky, I appreciate your willingness to do something but can't because of your other obligations.

    I know, though all you folks want to do something, you are stuck with obligations.

    BUT IN THE END IF EVERY ONE OF YOU CAN PULL OF THAT 15 MINUTES (which is for your green card), IT WORK MAGICS. BUT FOR IT TO WORK MAGICS, ALL NEED POST THEM VERY VERY VERY SOON.

    If IV core team is working , dedicated, I am sure you all can spend 15 minutes. SEND YOUR GIFT TO IV and let us know on this thread, when you sent it, Thanks Friends :)



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