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  • veni001
    04-04 07:20 PM
    A simple calc to find out how much EB3-EB2 porting going on as of today:

    If you look at Demand data released last month by DOS, It lists
    Prior to January 1, 2007 , EB2- I pending : 13,200

    In my opinion Demand data includes EB3- EB2 porting as well since Demand data reflects overall demand for one category.

    Now if you look at inventory data released on Jan 5 ,2011 ,
    EB2 India Pending Prior to Jan1st 2007 : 13,516
    But if you exclude all the data prior to May = 13,516 - 1,110 - 103 - 133 - 74-108 = ~ 12K

    EB2 I demand from the inventory btwn May - Dec 06 = 12K
    But Demand data says EB2-I demand is 13,200

    Diff : 13,200 - 12K = 1200 ( This number has to be porting)

    We know EB2 - I dates have not moved since Oct ,2010 .
    So India regular quota for the last six months : 2800/2 = 1400 .

    Since dates have not moved, I am assuming 1400 should also be considered towards porting.

    so my conclusion is so far 1200 + 1400 = 2600 porting already took place. (though only 1400 really got GC)

    What about the 1,194 EB2I cases pending with PD upto 12/31/2005?





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  • Goodintentions
    03-29 03:02 PM
    Dear All,

    We need to expose the fraudulent EB1 filing by Indian companies! Under the circumstances, I think that this issue is much more relevant now! As such, I would once again like to share the information which I obtained about 6 weeks back from the local Congressman's office.

    I was pleasantly suprised to learn that many Indians have been quietly writing about the fraudulent EB1 filing by Indian IT companies to lawmakers! I was told that the local office had received about 50 or so signed (hard copy) letters and that they had subsequently spoken to the INS office about this. It is a good thing that some conscientous Indians are quietly working behind the scenes for the welfare of the community.

    Subsequently, I also made a letter on the subject and hand delivered the same the very next day, to the Congressman's office. I then also posted my letter to the Senators of my state.

    I once again plead with all fellow EB Indian friends to write letters (please do not Email) about the fraudulent EB1 filings by Indian IT companies (TCS, CTS, L&T-IT, Infosys, Vetri software, et al) to your local congressman / senators. Please also visit your lawmakers to follow up. Personally, I feel that this very very important. IV is there to help us, but all of us must also play a role to get results

    It is the strategy that will win the war, not always brute force! We should adopt a multi-pronged attack strategy, realising that each ever visa no. we get is important!

    Spending about an hour of your time to write, print, sign and post could save many atleast 2 years of wait time. Did your realize this?


    Imagine the impact of 1000s of covers getting dumped in your law makers' offices!

    Even lawmaker's offices feel that the impact of printed and signed hard copies is much higher than Emails!

    If we are united and focused, we can all win!

    GOD bless the EB Community!!!





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  • gc_vbin
    04-05 03:57 PM
    The comments in this update kind of seem contradictory to me. It says that there might be possibility for greater advancement than earlier thought... and then they talk about moving it back.
    Whatever it is..I don't know why they are creating so much publicity about this bulletin. Does it mean they are going to advance the dates by a couple of years??? If it was for a few months why would they create so much hype about this?

    Is that mean they are going to move the PDs much further and again move back during the end of the year!!

    So isn't this implying that the PDs will advance very very further than the available visa numbers!!!!!!!!!!


    .





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  • like_watching_paint_dry
    06-18 09:23 AM
    Agreed on your point. But there are other discriminations at workplace such as , age, race, sex and sexual harrassment. Those who complain about it effectively terminate their careers. If you want to go , complain against this L1 misuse fine, but you are not going to get mileage, maybe some bad breath and bad publicity and eventual loss of reference & job. If your company / client has decided they do not want to persist with you, there are 101 ways they can get rid of you, legal or illegal, my suggestion is, if you were exposed,

    can L1fraud hold his head high in front of his client and still ask for reference with no sense of guilt in future? If not, he has lost half the game but now wants to lose the other half in a self destructive manner.

    I cannot believe you are saying this. Are you actually saying that you will let stuff like this happen just because you think your company might get rid of you if you complain? If your wife or daughter has a boss who is flashing her everyday, will you actually tell your wife or daughter to 'suck it up' and put up with it just because you fear she may not get a reference??

    Laws are designed to prevent this exact kind of thing. I personally would, to quote a Hindi movie dialog, take a sledge-hammer and change the geography of the abuser's face. On a more practical note, I would lawyer up, collect evidence, spin up a multi-million dollar lawsuit, and use settlement money to sip MaiTai on some beach in Lanai, while the harasser gets to suck on cock-meat sandwiches in the nearest penitentiary.

    Sense of guilt... the guy who is breaking the law should have that. Not the victim who wants a reference. C'mon grow a penis!



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  • unseenguy
    06-15 06:54 PM
    1. Why should he pay you more if he can get someone for cheaper price? - No Issues as long as its by following all the rules and regulations set by the authorities.
    2. Are you willing to do the same job for the salary that is offered by TCS, WIPRO? - Nope, my salary is my personal choice. Tomorrow these companies may bring resources Illegally across border and offer 5$ per hour, would you accept that salary???
    Your salary is not your personal choice, it is governed by market factors. Company makes the final decision whether they want to pay you what you ask for and whether they need your services. Your client can easily send your job to India if they can hire someone here for 3 months. Most likely that person is going to be back with the job after 3 months.
    3. If you screw up , who is responsible? What can you do to mitigate damage? TCS/WIPRO can replace the whole team at free of cost to make project successful. - BS
    I work for a major system integrator and I have seen client come to us and say, X did not perform well, give us the money back or provide Y number of free consulting days. I have seen clients come to us and say , we give you 2 more months, deliver this project or else lawsuit, and I have seen company agreeing to client demands. These are additional advantages for going to TCS/WIPRO. I have seen at one client place, they offered 10% of the resources free. So if client took 50 peopkle, they got 5 more for free. Can your company do that? Dont make hollow claims of BS if you are just a simple developer.
    4. YOU guys want to leave companies at will but the companies should not replace you at will? - Not at all, they can replace us anytime they want.. I don't know why this point ???


    Here we are discussing about a violation by companies using L-1B visa resources and we think reporting this to the agencies (ICE/USCIS) and making awareness amoung clients doesn't harm anyone who does their business within the legal frame work.


    No we are discussing YOUR jobs loss due to L1 misuse. You were sleeping until it hit you and now you suddenly want sympathy. BTW, I feel sorry for you that any guy from India can come and do your job. Most guys who come on L1 are freshers with not much skills. Thats what is needed for the job then.





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  • Googler
    09-26 03:42 PM
    more interestinly I am seeing that only Indians are being subjected to this name check crap , everyone else seems to be doing just fine

    I have to disagree with that. Check out the names in the Writs of Mandamus lawsuits or the thread on Immig Portal about people filing writs of mandamus (http://boards.immigrationportal.com/showthread.php?p=173311)-- it is not "only Indians." It is anyone whose name, when run through FBI's name combination algorithm (http://www.cyrusmehta.com/related/Ayetes_Memo_on_Name_Checks.pdf) (see pg 2 onwards in link), generates a hit in the FBI reference files.

    Just for the sake of illustration -- check out the names that appear in this google spreadsheet (http://spreadsheets.google.com/ccc?key=pBQx8tqZHHU2A6Q-Pv9sULw&hl=en) (you need a gmail account to view it) with a list of significant recent mandamus rulings.



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  • man-woman-and-gc
    01-13 11:54 AM
    Also, I have talked to atleast 3 more Colorado IV members who are going to write the letters in the next couple of days.





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  • kumar1
    03-26 11:21 AM
    "Alaway complain" is the best policy. I got In-state tution for my wife and fought with the university for 4 months. Their rule said - You have to be a resident alien to get in-state. They assumed (because it brought more money) that only Green Card holders are resident aliens. I proved to them with documentation that H-1B and H4 are "non-permanent resident alien" for immigration status and resident alien for IRS tax purposes.

    After 4 months university called me saying your wife would get in-state. They never gave it in writing....they still charge out of state to H4 candidates. So that you know, it is 3 times higher than in-state.

    Only problem is ---after 7-8 years in this country I am getting tired of fighting these useless battles. I want to put my energy somewhere else, something more creative.

    Like someone else suggested, I would never tell that I have EAD. Just say, I am authorized to work for any employer.



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  • Wendyzhu77
    08-21 04:00 PM
    Regarding law suit, somebody in the previous messages made a very good point: when there is a lawsuit, that's because the lawyers can get something from it. Think last july, why are lawyers so quick to (threat to launch) lawsuit: because they have already put in half month of hard work and overtime pay (yeah, a lot of money to staff) for processing those cases, and uscis flip-flop invalidates their efforts and wasted their money, no wonder they were furious and quick to action, and that forced uscis to change decision. Now, what can they get from fighting the law suit? They havn't lost anything. And , in fact, faster processing of 485 is NOT good for lawyers: they miss money from filing ead/ap, and they miss money from multiple 140/485 filings (who would file multiple 140/485 if your case can be approved in less than one year?). Therefore, I seriously doubt if any lawyer will have the motivation to file law-suit, and especailly the basis for the suit is not solid.
    I saw that Ron told one "so depressed" in his Forum..that we can launch a law suit..against this new interpretation..however..I dont know its worth the time and effort..although uscis learns only by law suits..

    Lets see next months Visa allocation for the new year and see where it starts from..I am hoping from Mid of 03..lets see..besides..only quick solution so far is the Visa capture ..dont know where it stands...


    we got 20 more days to influence people about EB-3 numbers..what is the most effective thing to do collectively before he new Visa bull comes out..

    Any idea Pappu..??.





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  • factoryman
    05-16 06:14 PM
    after filing for I-485 on Jun 1. Also filing for EAD for self and 3 family members. EB3 Nov 2001. H1B stamped in visa valid till Oct 2008.

    Do I need to wait for Receipt of Filing?

    Cancellations charges ( USD 200 per ticket - 4 tickets) and new tickets (difference of 300 per ticket - 4 tickets) will cost a lot. Anyone else in similar situations? Anyone know something? Anything?



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  • bestofall
    08-21 12:40 PM
    I dont think it's true, I saw these rates are under international calling plan, so we are not signing up to that plan, so I would strongly believe that all cell phone calls are included to India, the same thing you can see when we click on the 60 countires list.....so find out with the tech support guys and keep update here to get the accurate answer on this...

    I just spoke to customer service .they mentioned all cell calls to india are free under this WORLD plan.who ever is signing up , can proceed , can call customer service to confirm this as well to avoid any surprise charges





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  • anilkumar0902
    08-13 02:52 PM
    I noticed a soft LUD today on my wife's case but no update on mine. Does this mean anything...
    PD - Oct 2005 - still waitin.........

    That may be good news..not sure though..

    3 questions..
    Who is the primary applicant ?
    Did you create an SR ?
    Did you have an Infopass ?



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  • ItIsNotFunny
    11-03 03:16 PM
    Please clarify where exactly you are going and whats your proposal. Please be more objective and cut bureaucratic statements.



    All,

    This is a non issue now for all practical purpose because of recent Job Zone change for Computer Information Manager.
    The porting to begin with was unethical in our mind and we took a stand. We were challanged by several people on this forum but they did not realize the extent of our convictions.
    Unlike others with their lawsuits Ideas, in this case we did follow up on this issue by contacting DOL in early September with our greivance along with a famous lawyer on our side. Enclosed is our letter to Secretary of Labor Elaine L. Chao and other senior officials. We would like to think that our effort has contributed to the recent change in the Job Zones for Computer Information Manager, as that was specifically mentioned in our letter.. This was not exactly our intention as we just wanted DOL to put some more control around the process. Hence our apologies for the unintended consequences of this effort on the future applicants.
    Thanks to these members who actively/morally supported us.
    GCtest, abhijitrajan, Abhinaym, computer_gig, django.stone, jindhal, jonty_11, kalinga_sena, Karthikthiru, kevinkris, Leo07, newbie2020, nilendu, pmb76, prioritydate, rahulp, Still Waiting, vkannan and several others

    Note:
    We have further indication that any research position may be upgraded to Zone 5.
    US educated may be viewed favorably espeicially in non IT engineering positions





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  • SunnySurya
    08-07 10:27 AM
    Which ever way it works, as long as it works...
    I am saying there are problems with USCIS not just the one you are pointing out.
    My point is if more and more people like you file lawsuits against USCIS for the different kinds of injustice they think USCIS, DOL and DOS had brought on them, we ( all EB categories)will be in better shape to fight together for the bigger cause which is more predictable process and processing and closing as many loopholes as possible in the employment GC journey.



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  • BharatPremi
    03-25 01:18 PM
    I got this from a reqruiter


    I responded to her that I have EAD and she never got back

    Mark's previous suggestion works fine in such scenarios. Do not mention the word "EAD" before hand.Do not mention H1 even. Do not try to even discuss EAD/H1 etc... As long as requirement allows Green card and where ever it is required for you to mention work status, jot down " Elligible to work for any US employer in USA". That would work. After interview, if they select submit EAD as a proof. At that moment they will not be able to deny that as a work status proof.

    Note: Other thing I experienced is using the word "Work Permit" in place
    of "EAD" makes things easy for everybody.





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  • SunnySurya
    08-07 11:47 AM
    No, I have the conviction, but don't have money...
    If you need 50 people to support you then your own convictions are weak.


    You do not need 50 people to file class action. There is no minimum number. You can do it yourself too.



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  • somegchuh
    04-17 01:47 PM
    Guys,

    I have heard from friends that if after 90 days of applying you don't receive an EAD card, you can walk into a local USCIS office and they will issue you an EAD. Is this still true? If yes, what documentation do I need to take with me? Its been 2 months since I applied. Anybody know how long it is taking from NSC?

    Thanks





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  • inderman
    10-20 03:03 PM
    Viki,

    Same here, i got a similar response too... If they are true to their words abt under review, we shud b fine...

    But the problem is, they mite b stating this under review for all cases to avoid repeated requests and hence the issue..

    Is ur case also at NSC?

    How has ur luck been with the POJ method? Have u always recvd the same informn from all IOs?
    I always get a different response wen i talk to an IO at NSC...





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  • lazycis
    10-18 01:27 PM
    I am not sure that even simple letters get thru. Neither Mr. Cannon nor Mr. Hooton responded to my letters. Mr. Cannon, however, responded to the inquiry sent from President's office. His reply was brief. Rest assured, he wrote, your name check will be completed before the next eon :)

    I am not able to attach part of the declaration describing NNCP and USCIS name check. It's a PDF file, about 600K. Are there any limitations on attachments?





    HV000
    08-10 12:17 PM
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    You absolutely have nothing Logical!!





    l1fraud
    06-08 10:15 PM
    Thanks ... normal options in USCIS asks you to call ICE.gov ... BUT ICE.gov doesn't seem to have a local office.. please let me know if anyone out there has gone this route and any update regarding what all documents we need to produce to prove our case. Since its a Billion dollar company they are bound to fight the case (hopefully). Any information regarding the same is appretiate.



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