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  • amitga
    02-01 02:03 PM
    In my view H1B problem is directly related to Retrogression problem. Lets step backwards and analyze this.

    Why so many GC were applied at the first place that caused retrogression. Because a large number of people came on H1B to US. All these people who came to US on H1b did not actually had any extraordinary skills. These people somehow got in touch with these Desi Consulting companies and came here without any skill and without any projects. These desi consulting companies applied there GC irrespective of the fact that these guys have a job or not. Some of the people I know have sat on bench for years, living with their relatives, unable to get any job. But they had their labour filed. These knid of people would not have made to US, if these fadudent companies were not there.

    Also big companies, have a policy not to apply GC before one year of service. The point was that these companys will file GC only if they feel that the employee adds value to the company. But with these desi companys people have filed GC even before joining the companys.

    In essence if the GC process was working without these Desi companies, I can bet that the number of GC applied would have been much lower than what have we currently have.

    Substituted labor has further added to this problem.

    H1B problems have nothing to do with retrogression.

    If H1B employees are being mistreated by a certain class of employers, then what does that have to do with shortage of visa numbers?


    Misuse and abuse of H1B program did not cause retrogression. And if the abuse ends, its not going to end retrogression. The H1B program does provide ammunition to anti-immigrants to use that paint-brush and paint the entire program of H1B and Employment based GC as bad. Fortune 500 companies dont engage in unethical behavior. The TCS, Wipro etc maybe do that. Small bodyshops certainly do that. I am yet to see a small body-shop, operated by a citizen of foriegn origin, working by the book and treating employees well.

    But all said and done, these things make our life more difficult and exacerbate the situation that arose from retrogression. However, these things didnt cause retrogression.

    At the most, these issues of H1B abuse may have provided support to some groups in keeping the H1B quota down. However, it has nothing to do with EB quota. In fact, IEEE-USA advocates bringing down H1B quota and RAISING the employment based GC quota, in order to remove factors that encourage employer abuse.

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  • arkrish68
    04-15 02:24 PM
    does soft LUD mean RFE is comming or does it mean there are just pre adjudicating. Seems like a lot of people who got a soft LUD on 485 recieved rfe. Are there any people who had a soft lud on 485 but did not recieve any rfe.
    semilarly does not having any soft LUD on 485 mean your application has not been picked up for pre adjudication.

    Not always true. They might be pre adjudicating. My 485 app had soft LUD on 02/10 and no RFE till today...

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  • bindas74
    06-11 10:12 PM
    Hi Apple,

    Dont lose hope and dont lose sleep over it. I know it's easy to say...but just hang in there. Everything will be ok. As someone suggested, all you will be losing is at most 10K. Even that, you can transfer to some where else and should not be paying a cent. Why go now itself? Let's suppose that the judgement is not in your favour, may be , after a couple of years. Then you can quit your job and say you are leaving. I dont think they can stop you at that time. And I dont think they can make you work either, if you decided not to take up a job. Then file banktrupcy and go back to your country. Relax for a couple of years and then come back.

    So, all i would suggest is stay calm and let the trial take it's course.

    If you do not want to go through all this stress then as someone suggested , try for an out of court settlement. Tell them all you have is about 2K( take off all the money before that). Then they will know what your position is and might settle for that. Better take an attorney so that this is settled for once and all.
    It's possible that the target might not even be you. There might be some millionaire in one of the other cars.
    That's my 2 cents.

    So, just stay cool are not going to lose anything.

    A proverb comes to my mind:

    "Try pulling a mountain with a hair. If you succeed , you will get the mountain. If you fail, all you have lost is a hair"


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  • ganguteli
    06-02 11:50 AM

    Can someone use AC21 even if the person has not worked in the company but 180 days has passed?

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  • trueguy
    11-04 09:02 PM


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  • c9411010
    07-20 10:52 AM
    guys - i want to start a new forum on 401K ..

    want to discuss what happens to people who have 401k contribution and want to go back to india

    do we have to withdraw the 401K when we leave or can we withdraw it at a later date..

    can some one start a new thread since i cannot figure out how.. thank you

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  • mirage
    01-29 08:03 PM
    ofcourse it is for future applications
    i could be wrong, but if i remember correctly, when this ruling was published last year, if a pending 140 was filed on labor subst that would get rejected.
    An approved 140 with labor subst was ok.
    Please correct me if i am wrong.


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  • karsat
    10-16 10:06 PM
    My NC has been pending my I485 has been filed in Sep 2005

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  • yetanotherguyinline
    01-14 10:09 PM
    I have not been on top of this action item but this is what I posted at url -

    Dear President-Elect and Respected members of the transition team,

    Congratulations on the historic win and this election has triggered a ray of hope in me. I would be honored to contribute to the revival of America in any small way I can.

    I am an engineer and working in Silicon Valley on a temporary visa from past seven years. The insecurity due to my temporary status has, to put it mildly, been a road block to any major progress in my life. I know you will be overwhelmed by information posted through this site, so let me keep this brief...

    1. I am pursuing an MBA from Berkeley and aspire to start a technology based firm to create products that iron out inefficiencies in various processes. However lack of permanent residency is holding me back.

    2. I have almost single handedly built a product that uses complicated mathematical models that saves US corporations millions of dollars in shipping costs. The directly competing product is built by a group of professors and PhDs. I want to use my current experience along with my managerial education to positively contribute to the society.

    3. My wife and I plan on buying a house but again lack of permanent residency is holding us back.

    In short, I would have contributed more to the society and have grown faster professionally if I had the security of a permanent residency.

    Just because I happen to be from a country with a large population, I get hit by the green card quota and have to patiently wait for about 10 years when someone from a different country with similar qualifications gets the residency in about a year. Is this fair?



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  • pdakwala
    04-11 01:23 PM
    Thanks Know_DOL AND lOST_IN_Migration for your support. Please keep up the good work. It is DO or DIE situation for all of us stuck in retrogression. Miracle happens when we do something. By not going anything we are accepting the defeat.

    People, please come forward and contribute.

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  • mallu
    10-11 11:31 PM

    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.

    The govt. had announced something :
    See item (22) .

    May be ask Mr.Chertoff , "Sir, what is the status on your annoucement".


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  • NNReddy
    04-19 02:28 PM
    I am working for a fortune 100 company for last 12 years, rose to a senior level position. It's not easy for me to leave my present job and get the same position,level, responsibility and salary and potential for future growth. Except GC I have everythign else, but sometimes the wait is frustrating.

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  • waitingGC
    01-30 08:34 AM
    01/29/2007: Special Alert: DOL Submitted "Final" Regulation of Substitution Elimination Rule to OMB on 01/26/2007

    * Since this is a final rule, upon approval by OMB, the elimination of substitution and 45-day validity of certified labor certification will be triggered. Take this message as a very special alert! This rule will not only eliminate substitutition on the OMB approval and release in the Federal Register but also kill the certified labor certification unless it is used within 45 days from the date of certification! Please stay tuned to this web site reporting.
    * The planned implementation day appears to be April 2007. But it can be earlier!

    Will OMB approve this rule? What is OMB?


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  • sgkgops
    07-14 05:38 PM

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  • smartboy75
    10-02 12:09 AM
    hey p

    can u reply to my question ?



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  • maddipati1
    09-25 03:52 PM
    those who are defending IV has more green dots coz, they are the ones who do all the volunteer work and involve actively.

    get it! now can u rest for a while not ur case :-)

    Just an observation -

    Folks who are defending IV has a lot of Green dots -

    I rest my case.

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  • chicago60607
    09-17 11:44 AM
    Smith is now talking on 6020

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  • vadicherla
    05-01 04:29 PM
    My application is at NSC

    12-12 09:33 PM
    I'm all for FREE and PREMIUM memberships with more value-added premium features and privileges to PREMIUM members.

    My personal opinion as a member.

    03-13 12:41 PM
    you had waited for such a long time. I would suggest to take a big break and visit india and come back. In fact you can do the same in EAD. Think forward don't get your emotions in the way.

    That is correct, 9 months and then I will return to my country for good.
    I am waiting for the day when we get the GC , we will tear it into pieces and throw in front of consulate.


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