Thursday, June 30, 2011

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  • unseenguy
    06-16 12:37 AM
    Dude are you kidding me ... I am reporting a violation/fraud and I should hold my head down?? what kind of moral/ethical values you have.. I am keeping my head up (may be an inch or 2 higher than last 3 weeks) as my project manager and director (middle management ) fully supports me in this crusade. Most of the cases, upper management decides to replace all the local contractors with these outsourcing firms and once the contract is signed these companies dump all their L1 resources to projects and middle management who deals directly with the resources has minimal say in the process.

    Let me ask you a simple question.. WHY ARE YOU SUPPORTING THIS FRAUDULANT ACTIVITY??? .... think for a minute and then decide whether to reply me back or not.. bye.
    'Mileage for this complaint'.. in an economy when millions with eligibility are job less .. case regarding this fraud will have ZERO mileage! want to bet me on this .. come on dude.. come on. If you are on L1 visa talk to uer management and get it changed to something legally eligible to work on your project, instead trying to measure the mileage of L1 fraud, ICE/USCIS will measure that and we'll see whos head is going down here...

    I am neither supporting you, nor am I supporting TCS/WIPRO. But I am seeing things from your client's perspective. Your client and director who ever they are , they might be saying one thing on the face and getting ready to save their company in the background. You know corporate world is a nasty place. Every recruiter who talks to you makes you feel as if he is the hiring manager and you have got the job, but does it happen that way? No. Similarly, your client is buying time and soothing you, I am not sure they are sincere about their comments. Everyone has some motive or personal interest in supporting things.

    And to be honest, I doubt if you can come clean , hold your head high and say in public, I did it. If you do so , I will respect you as a whistleblower. Other wise, you are just mad that your are losing the job to others. If they cant get l1 on site, they will send the job offshore. There is not much you can do. Your client is towing your line until a smooth transition and then they are done with you , anyways. Its better you read writing on the wall and move on. You can invest the same time in finding other work and still have good relations with the current client. You never know when economy gets good, they may want you back at a higher price. But if they get to know you are doing this, most likely you will end up on some blacklist and I am not trying to scare you but world is a small place and you will run into same people many times.

    My moral ethical values here are, someone doesnt want to work with me for some reason, whether they are doing their business with others ethically or unethically or illegally is upto them. I am moving on without a bad taste in mouth or complaint. It is company's choice whether they want to pay me or someone else. If they want to send my job offshore, they dont want to work with me for whatever reason, so I got to move on without complaint, thats my ethical value. whether others are doing it ethically or unethically is not my problem. You can choose to fight this, but your victory will only be temporary, say 6 months.





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  • northstar1
    07-15 02:55 PM
    Guys',

    If you haven't already pls take a moment to digg the Washington Post coverage of yesterday's rally:

    http://www.digg.com/politics/The_Gandhi_Protest





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  • suriajay12
    03-12 07:53 AM
    Looks like this thread is dying.. Is Sarala who created this, still around???





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  • TNMan
    05-10 09:53 AM
    Thank you for admitting most of what I stated here true. Actually all of what I stated here as “skills” are based on my experience in IT management over the last decade. If you suddenly found my post to be stereo typing, you were blind to the stereotypes propagated in this forum for a long time.


    You are wrong here. Do you know that companies like TCS/INFY/Wipro offer “blended rates” in the range of $20+/hr for keeping over 70% of staff offshore? Client directly benefits here. I have seen hypocritical companies that took tax benefits from local governments like cities and counties (which came at the expense of property taxes paid by residents of those localities) for job creation and then turned around and outsourced the very same jobs that they were supposed to create to TCS/Wipro/INFY etc., often dismissing the existing contractor pool/employees which involved people of all nationalities including H1-b workers like “TN Man” who couldn’t compete with the $30+ rates for the on-shore workers even if something was available from these vendors. Now to dump people at $30/hr rate, even though talent is locally available - like "TN Man", these vendors will abuse H1 and L1 by securing as many of these visas as they can( which were intended to bring the best and the brightest for american companies), causing Bill Gates to advocate for unlimited H1-bs when in reality, what he needs is a few thousand H1-bs which should be available in normal circumstances, had these companies not been poaching those visas.

    So these offshore companies circumvented the prevailing wages through an industrial practice that should be considered “dumping”, where they dumped green-horns for the greedy clients, because the green-horns don’t have to go through any interviews in exchange of the very low rates. In this case, the people dismissed from the company/contractors were a lot more skilled, yet managers like me would be forced to start from scratch with the new pool, often resulting in delays for strategic initiatives at these companies, but the bean counters at the top never care, since their horizon is the next quarterly earning release, not what the company would do 2 years down the line (and some of these companies are the culprits behind financial crisis today with their very myopic thinking, just a sample was illustrated above)

    The only jobs that were created in those localities due to such corporations in exchange for tax credits often were Indian Grocery shops opening in that locality to cater to those folks from offshore vendors. :D BTW, I don't have anything against them, I like Indian food.

    I have worked with companies where I managed a 50+ member team to execute a project which at another company employing local workforce may have been done with a 12-15 person team (I have managed it both ways and hence I know that as a fact). Now the company employing the 50+ member team will often massage the numbers to show that they saved $x differential per person* 50 for the bean counters and would have secured bonuses for the higher ups because of those paper savings.

    Now I think as a result of people like me interacting with US law-makers, they are getting the true picture of the abuse going on with the current processes. I understand many of you here are concerned about your own career and eventually settling in US, but once you become a permanent resident or US Citizen, you are going to face the same realities. I have seen Indian-americans who went through the GC/Citizenship process becoming some of the the fiercest critics of the current system, because (like "TN Man"), their livelihoods also are threatened by the current process. They suddenly understand that it has nothing to do with the so-called "skill" or "talent" shortage, it has everything to do with what your hourly billing rate is.


    Finally your post is sensible and it paints 100% reality. Btw, do you think there will be changes in system. Heck NO. People get used to cheap $*** who can work 22 hours a day including weekends without pay or working $5 an hour. In the name of market rates, they made IT field less respectalbe than the oldest profession!!

    By the way, instead of cribbing and bickering, how do we tell this stark relaity to the law makers? US needs H1 workers who are genuinie (like most the people in this forum). How do we tell them to reform green cards. How do we contact them ? What channels we have? Law makers needs to aware that how screwed is the green card processing and also they need to be aware how shitholes like TCS/INFY/SATYAM/HCL et all killing a decent profession and driving lot of US citizens, GC holders, H1 out of the jobs.



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  • pappu
    08-21 12:38 PM
    The law unambiguously states that for employment based categories - EB1 spillover should first go to EB2 and whatever is not required by both EB1 and EB2 will spillover to EB3. If the USCIS has been doing something different previously they were actually not following the letter of the law.

    Here are the relevant sections of the INA which unambiguosly states the above.


    Here is what Section 203 of the Immigration and Nationality Act states -

    EB1 -

    (1) Priority workers. - Visas shall first be made available in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (4) and (5),...............

    EB2 -

    (2) Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability. -


    (A) In general. - Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraph (1) ...............


    EB3 -

    (3) Skilled workers, professionals, and other workers.-


    (A) In general. - Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (1) and (2), .........

    If all these years they were misinterpreting the law, where were lawyers and AILA raising their voice to correct this mistake? This error was deeply affecting the clients of lawyers.

    We need to see more proactive activism of lawyers in matters such as these that are very important for the community. If not, members need to learn the law and do such research themselves. IV core team has been trying its best to read the law and create presentations and research documents whenever we have an important action item or bill on the floor. I would urge the community to read the law on their own as and when needed and raise their awareness.





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  • BharatPremi
    09-24 06:13 PM
    Look at histrocial approval you will know your assumption is incorrect. ROW gets more than half the numbers in any category.

    Yes, it is possible that my assumption is not correct. That is why it is an assumtion:).
    But till I get some "authentic" base to count on I do not have any way other than logical assumption.

    As data what you presented, it was indeed a low rate of approvals for Eb3-I with comparison to EB3-ROW but that was mainly due to the fact that lot many Indians were screwed and stuck in state based labor queue and PERM queue and I-140 queues for years where as EB-ROWS guys did not face that punishment as intensively as we did.



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  • kiran24
    06-29 07:20 PM
    yeah enjoy ur weekend. if you have filed ur application then chill and if not then ....what r u doing , lazy boy...move ur ass and courier it now.....hahahhhaha.


    Most of us are at the mercy of our attorney's to file for I-485. The attorney's take their sweet time to prepare the draft and send the application. In this heated moment the attorney's offices should hire more people and get the ball rolling.
    All that we can do as employees is pester our HRs and attorneys.:p





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  • nkavjs
    09-25 12:22 PM
    Ok check it on theextreme bottom part of your I-140 approval notice.. which shd say approved from TSC/NSC/VSC.. see if you see A number there.. if not I will tell you the alternate method



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  • immigrationvoice1
    03-24 03:51 PM
    Its been over 3 hours now that I informed CapitalOne that the discrimination is illegal. And as expected, no reply received yet.

    Got a reply back just now

    My mail to Capital One after getting the initial response:

    Craig,

    Thank you for the reply.

    I am surprised by the disqualification since the Department of Homeland Security (DHS) had issued the EAD. DHS has set clear guidelines not to discriminate based on any of the authorized work documents issued by them, EAD being one of them. The I-9 form required to be filled in by every employee (citizen or otherwise) clearly mentions this.

    Are you sure CapitalOne does not allow candidates who are on EAD specially when it does not require sponsorship from the employer ?

    Response that I received for the above email:

    Thanks for your message. The information regarding Capital One's policy on pursuing EAD card holders is correct. We are only able to pursue US Citizens or Green Card holders for these roles. I'm sorry, but we won't be able to consider your candidacy at this time.

    Best Regards,

    Craig





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  • gccovet
    09-10 10:41 AM
    bump



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  • immi_enthu
    09-10 11:41 AM
    Some one gave me a red for calling.

    Admins please find that anti-immingrant and ban him/her.





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  • dionysus
    06-27 10:34 PM
    I am in the same situation, and I plan to include photocopy of my courtesy copy of my I-140 with other docs, as I am filing AOS by myself. If anyone else had the same issue, please share your exp.

    Sorry to disappoint you guys, but courtesy copy is not sufficient to file I-485. Read your courtesy copy clearly. It categorically states that

    "This courtesy copy may not be used in lieu of official notification to demonstrate the filing or processing action taken on this case."

    I think it is crystal clear what INS means.

    The big question is, what happens if you do file with the courtesy copy of your I-140 instead of the original one. My guess is, if you are lucky, INS may accept your 485 petition initially, and after a few months then may simply send you a RFE asking for the original copy of I-140. And, by that time you may be able to convince your company or company-lawyer to release to you the original copy. And if you are unluncky and the clerk at INS is sharp eyed, he/she may take this as a case of missing initial evidence and blow up your entire 485 application at the on set.

    You can take your chances.



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  • Lisap
    10-03 04:11 PM
    i dont think the country makes a big difference, i have two friends stuck in name check (one was born in canada with an english first and last name). i think its the combination of the name, DOB and a crappy system



    Thank you for your response. I filed on July 2nd. Spoke to uscis imm officer this week and they said my criminal check cleared but my name check was still pending.... Just a waiting game I guess





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  • manand24
    09-19 10:05 AM
    Today my lawyer sent to me the Receipt notices for my I-765 application and my wife's I-131 & I-765 applications.

    See signature for details

    PD 04/2006 EB2 INDIA
    I-140 NSC AP 10/2006
    SELF:
    I-485 NSC RD 07/02/07 ND 09/10/2007 - Receipt Notice recieved from NSC (LIN-XXX) on 09/17/2007 via USPS Mail at home
    I-131 NSC RD 07/02/07 ND 09/10/2007 - Receipt Notice recieved from NSC (LIN-XXX) on 09/17/2007 via USPS Mail at home
    I-765 NSC RD 07/02/07 ND 09/10/2007 - Receipt Notice recieved from NSC (LIN-XXX) on 09/18/2007 via USPS Mail at Lawyer's office
    WIFE
    I-485 NSC RD 07/02/07 ND 09/10/2007 - Receipt Notice recieved from NSC (LIN-XXX) on 09/17/2007 via USPS Mail at home
    I-131 NSC RD 07/02/07 ND 09/10/2007 - Receipt Notice recieved from NSC (LIN-XXX) on 09/18/2007 via USPS Mail at Lawyer's office
    I-765 NSC RD 07/02/07 ND 09/10/2007 - Receipt Notice recieved from NSC (LIN-XXX) on 09/18/2007 via USPS Mail at Lawyer's office


    Yesterday, I received receipt notice via USPS Mail for:

    1. My I485 application
    2. My I-131 application
    3. My wife's I-485 application

    Still waiting to hear about My wife's I-131, I-765 for me and my wife.

    See signature for details.

    PD 04/2006 EB2 INDIA
    I-140 NSC AP 10/2006
    SELF:
    I-485 NSC RD 07/02/07 ND 09/10/2007 - Receipt Notice recieved from NSC (LIN-XXX) on 09/17/2007 via USPS Mail
    I-131 NSC RD 07/02/07 ND 09/10/2007 - Receipt Notice recieved from NSC (LIN-XXX) on 09/17/2007 via USPS Mail
    I-765 NSC RD 07/02/07 ND Pending - NO Update yet.
    WIFE
    I-485 NSC RD 07/02/07 ND 09/10/2007 - Receipt Notice recieved from NSC (LIN-XXX) on 09/17/2007 via USPS Mail
    I-131 NSC RD 07/02/07 ND Pending - NO Update yet
    I-765 NSC RD 07/02/07 ND Pending - NO Update yet



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  • english_august
    07-11 12:18 PM
    If you participated in the flower campaign and if you are in the Broward county area in Florida - please contact Ruth Morris of the Sun Sentinel (http://www.sun-sentinel.com/) asap.

    She needs to file a story on this today. Her contact numbers are
    305-810-5012
    954-802-9530





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  • amitjoey
    07-11 12:33 PM
    http://www.khaleejtimes.com/DisplayArticleNew.asp?xfile=data/theworld/2007/July/theworld_July281.xml&section=theworld&col=



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  • BharatPremi
    10-17 05:21 PM
    Guys,

    I need your opinion and advise on this.

    Old file - First File:
    -----------------
    current employer:A

    EB3-Country: India(Bharat)-RIR-PD:07/2*/2003, I-140 approved - 485/AP/EAD/G-325 A filed on 07/12/2007 - EAD received, Soon FP appointment - NO AP yet - (myself-Primary+3) filing

    New file - Second File:
    ---------------------

    Future Employer: B
    EB2-Country: India(Bharat)-PERM: PD:06/2*/2006,I-140 approved - NO 485 is filed under this yet.
    Note: Labor for both applications has similar codes except new filing is based
    on "Seniority" and thus EB2.

    Now in light of October 2007 visa bulletin prediction given on www.murthy.com, It looks like EB2 may go ahead with comparision to EB3 ( Eb2: may stuck at January 2003 and EB3 May 2001/2) and by reading page 130 to 134 from the following link it looks like Priority date still matters even after filing 485 and your case can go on VISA HOLD SHELF if at the time of adjudication visa number is not available.

    http://www.ilw.com/seminars/august2002_citation2b.pdf

    Questions:

    1) Suppose my EB2 PD (I-140 approved, no 485 filed) become current prior to
    my EB3 PD (current employment- 485 is filed under this) and for some
    months if I see EB3 may not move ahead what would be the best startegy
    out of following?

    - PORT (EB2 PD: 06/2*/2006) PD to my current 485 file which is based on
    EB3 with PD 07/2*/2003. Can we PORT NEW PD to the file based on OLD
    PD? I know OLD PD can be ported to NEW PD but what about reverse
    condition?

    - File another set (Myself+3) of 485 as new application under EB2 (Future
    Employer) mentioning current A# numbers.

    - File another set (Myself+3) of 485 as new application under EB2 (Future
    Employer) mentioning current A# numbers with PORTING of OLD PD (EB3
    PD 07/2*/2003).

    Thanks in advance for any help or suggestions.

    - BharatPremi





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  • milind70
    04-17 02:50 PM
    I am not yet on EAD have to file 485 yet retrogressed.But from my friends who are on EAD i heard that you are better off applying for EAD six months in advance before the expiry of current EAD.





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  • alterego
    06-29 05:52 PM
    I have a few theories on this. This is meant just to open discussion.

    1) The USCIS and State department are not communicating at all. This is not at all uncommon within gov't agencies as we all know.
    The State Dep't released the bulletin perhaps without realising the full ramifications. Having heard from the USCIS..........hey hey hey what the F&^% are you doing? They may have realised over the last few weeks what a mess they have on their hands. Now they are trying to undo it.

    2) Another possibility I can think of, is that this is a grand plan(heck I almost said grand bargain) concocted by the USCIS to get 485s OUT of the system as much as possible while minimising those that can get IN. Hence you might see in the coming few weeks thousands of approval letters all dated the 2nd of July. That will allow them to clear their backlogs of pre-approved, approvable cases and clean the slate fresh for the new fees structure/new quota in the new year. Some of you might remember they retrogressed to unavailable around this time 2 yrs ago. They do these weird things in the 4th quarter.

    3) Of course the last option is their brains have the same IQ as that of any common critter that messes up your garden.

    Pick your poison, it is all the same. I feel for everyone whose hopes were raised so high. It is truly inhumane of them. If they planned this, they should atleast have delayed the release of the July VB.





    HV000
    08-06 08:49 AM
    As a result the applicants will be denied EAD and H1B extensions, rather than
    fixing the lengthy name check issues.

    Why would you say EAD and H1B will be denied??





    SunnySurya
    08-06 08:04 PM
    THIS ISSUE IS CLOSED NOW. MISSION ACCOMPLISHED. WITH SOME REGRETS
    See the final results http://immigrationvoice.org/forum/showthread.php?p=300225#post300225



    *****************
    Original Message:

    There is a difference between laws and regulations. Laws are what in INA (Immigration and Naturalization Act) and Regulations are what in CFR.
    It takes congress and senate to change laws where as it takes discretion to change regulations. And the good news is that discretion can be challenged.
    There is another thread on the issue and some of us think that we do have a case. Initial response from a certain lawyer has been positive.
    http://immigrationvoice.org/forum/showthread.php?t=20669
    The affected parties (i.e. us) need to show damage in certain way and I do have some points that can be used. Our primary point is that the spirit of law has not been upheld.

    Following are the steps in making this a reality:
    a) Gather around 50 people
    b) Develop and finalize draft of the case. Rolling_Flood has a initial draft.
    c) Hold initial consultation with a lawyer.
    d) Decide as a team if we want to continue.
    e) File a class action suit or next course of action
    (as of 08-29-08 , we have dropped the idea of lawsuit and are pursuing other avenues)
    Not sure what is the total cost but given the years of wait and uncertainty $500 per person should be reasonable. I will also create a yahoo group to start these discussions.

    Notes:
    If you already have applied in EB2 you won't be affected.
    If you have a Masters you won't be affected.



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