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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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  • prioritydate
    12-20 08:12 PM
    On a second thought, If I interpret it correctly...

    the alien, subsequent to such lawful admission has not, for an aggregate period exceeding 180 days�
    (A) failed to maintain, continuously, a lawful status;
    (B) engaged in unauthorized employment; or
    (C) otherwise violated the terms and conditions of the alien�s admission.


    I exceeded 180 days and was out of status, but the law says that you shouldn't exceed 180 days :eek:





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  • dhesha
    03-16 03:06 PM
    The biggest problem is interfiling from EB3 to EB2. USCIS must not allow anyone to change categories and retain old priority dates. This is nothing short of cheating ! What about the people who have been standing in line. You can't just change the rules when they suit you and get into the middle of the line. Pathetic !

    Similarly - LC SUB guys are getting into the middle of the line even though they came to US years after many of us who are already in pipe-line. This is even more pathetic.





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  • ramus
    07-02 05:09 PM
    Please Contribute funds to Immigration Voice (http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=44).

    Guys we need to start new fund drive to help core members with fund for advocacy efforts. I know every active member is working hard right now on at least one action item. Lets contribute and help IV with fund.


    Lets start with target of $5000 by 10 p.m.

    Lets see if we meet it.. We have more 2000 members online right now.

    Thanks in advance for all you can do..

    Immigration Voice encourages all members to help AILF/AILA's potential lawsuit by joining them as plaintiffs and contribute funds to Immigration Voice (http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=44). We will actively help AILF or other organizations in this lawsuit to force USCIS/DOS to compensate for :

    1. Financial and other damages caused due to manipulation of Visa bulletins out of order.
    2. Violation of federal regulations and precedents.

    A victory in such a potential lawsuit could in effect may either force USCIS to accept the 485 petitions in July and accept the ones it may deny/return in July.

    The outcome of lawsuit cannot be guaranteed but USCIS and DOS are certainly facing a tough fight from us as well as from AILA and like minded organizations.

    Please contribute funds as Immigration Voice would need funds to finance an expensive lawsuit against USCIS/DOS should it decide to actively participate in a class action lawsuit.

    Update: Thank you everyone who has contributed since July 2 when we announced the drive. Our total contributions from paypal and google are around $2,500 till now (despite having 15 k members). As you can understand this is hardly of any significance for even a small legal effort. A big lawsuit is out of question. Thus IV core will use it for IV activities to further pursue its advocacy efforts. IV encourages its members being a plaintiffs with AILF if they so desire. If you are an IV member and also a plaintiff, you can let us know for any guidance we can provide. IV will be coming up with more direction to its members soon. We will have some plan for everyone and will need participation from everyone. Please stay tuned.



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  • edgarrecto
    02-21 05:26 PM
    how about eb 3 priority date for philippines? mine is september 27,2005. any predictions?





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  • gcgonewild
    06-11 03:22 PM
    Sent to NJ Lawmakers



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  • wanna_immigrate
    06-13 12:59 PM
    Looks like CIR will be back

    http://www.chron.com/disp/story.mpl/ap/tx/4886286.html





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  • franklin
    09-19 11:40 PM
    Whilst in general a name change does sound like a good idea, we have spent a lot of time and money making sure that Immigration Voice as an organization is known.

    It makes no sense to through that away



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  • acecupid
    07-13 11:22 AM
    And has your lawyer sent a letter - if not, why is he/she still waiting to do so. Did you exhort her to do so. Will you exclude yourself from any AILF lawsuit benefit.

    You are missing the forest for the trees friend - Its not one agianst the other. Focus on the objective.

    I am not saying my lawyer is any better, all these lawyers are nothing but blood suckers just like the employers. I'm just disgusted that people can stoop so low. The objective might be the same, but the intentions are far from it. I hope you understand that my friend and stop being a PR rep for murthy or any lawyer. :)





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  • gcformeornot
    08-29 03:55 PM
    most of the desi consultants seem to be concentrated in NJ or Chicago. Are there any reliable desi consultants for H-1 in CA? What are the websites which give info in this direction?

    What are the steps to be followed and things to watch out for in selecting a desi consultant?

    like Reliable Desi Consultant? I think they become Extinct with dinosaurs!



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  • ramus
    07-03 05:10 PM
    Thank you.. Also please take part in media coverage thread...and also ask other members to contribute.



    Contributed $100 for the lawsuit.
    Confirmation Number: 40W931175C853351T.





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  • h1techSlave
    04-07 04:45 PM
    Congrats buddy!
    Finally just received THAT email. "Current Status: Card production ordered"

    PD Sep 2001

    EB3 India.



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  • GreenLantern
    02-21 05:09 PM
    What is all this about LW. Everybody seems to think it's the bomb. Why? Maybe this needs to be it's own thread?





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  • eilsoe
    02-16 06:52 PM
    I'll have a WIP screen up in a few minutes.. and then it's off to bed :sleep:



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  • desi3933
    03-09 12:49 PM
    by the way shusterman predicted ROW will retrogress in his blog found at shusterman.com there was also an IV post about this (abbout somethin like shusterman got a call from clinton or something)..........

    so what happened to the quareterly spill over ???????????

    spillover happens only when there are more EB based visas available than the number actually issued in the last quarter,

    People who don't believe the slow movement should get reality check done.





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  • paritp
    07-18 05:42 PM
    /\/\/\/\/\/\/\/\/\



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  • eb3retro
    10-25 04:33 PM
    details in my signature..





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  • god_bless_you
    03-16 01:33 PM
    http://www.uscis.gov/files/nativedocuments/TransformationConOps_Mar07.pdf


    One more link from USCIS which has more details on the process
    Adjudicator's Field Manual - Redacted Public Version from USCIS web site

    http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=724ce55f1a60168e48ce159d28615 0e2





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  • abhijitp
    07-03 02:54 PM
    Total until now: $200





    indianindian2006
    07-14 06:06 PM
    Can new company file amendmend to existing I-140...
    The company who filed my greencard got acquired within 6 months of I485 filing for me, They amend my H1 within 6 months window and now they are in process of amending the I140..

    My question to gurus is-Will he be ok if his new company amend the I140.

    Your case is a case of Successor in interest, his case is a case of different employer so according to me the answer is no.





    bfadlia
    02-03 12:37 PM
    Guys,
    I know ROW country may not like this thread, but look at EB-3 India or China, put yourself in our shoes and than you may realize how unfair this country is. In this unprecedented financial turmoil, I feel there are very remote chances for CIR or any package which increase immigration etc would pass, I am taking this initiative to gather as many people I can and go to washington. Again this is not an IV effort. If you are with me , you can spare some time or few days in Washington, please PM me. our sole agenda is bring a 2 line bill to remove country quota...

    Didn't we have these discussions over and over before? and the admins telling us to stop because IV goals are set and will not change?
    If you just want to argue and waste time, lookup previous threads discussing this and you'll have enough reading material for weeks to come.