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Member Profile: desimilionaire (37 posts)

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Hello, I'm desimilionaire (report this user)
I am from India
I last logged in on 29 Apr 2016
I have been a member since 19 Nov 2014
I have added 37 posts in trackitt forums
I added my last post on 29 Apr 2016
desimilionaire's Posts
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Posted in I-140 Forum on 29 Apr 2016
Topic: H1b to L1A. Do I have options ?

Your possibilities are very bleak given your situation. And you cannot just change from H1 to L1 sitting in the US. You need to go back to india again, work as a manager for an year and come back on L1A and then file under Eb1. you are looking at close to 3 years until you get your labor and 140 approved. Its still better than sticking to H1 and waiting in line. Good luck.
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Posted in I-140 Forum on 18 Apr 2016
Topic: I-140 EAD approved by OMB

"So they just pay money and get their applications filed in EB1-C ? Thats it ?"

Dont believe everything that people say in the forum. If everyone can pay some money and get GC with eb1, every single person would do it by now. There is surely no shortage of money in the IT market.

There is a process that companies need to follow in order to file for eb1. Whether all those candidates are eligible or not is a different debate. Plenty of h1b candidates fake resumes to get jobs whereas if they went with their real resumes less than 5% would land up the same jobs. Is it unfair ? of course yes for people with real experience. But just because of these people, USCIS cannot abolish H1b visa.
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Posted in I-140 Forum on 18 Apr 2016
Topic: Options of Filling in EB1C

People who really have a chance to file for eb1, just go for it and dont waste time. Ignore all the jealous negative comments on this forum. A rule is a rule no matter what. If people think the rules are unfair its their problem and USCIS problem but not the people who are applying.
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Posted in I-140 Forum on 18 Apr 2016
Topic: Options of Filling in EB1C

You need to work in CTS in the role of International Manager. If you are already in the US, you either can go and work in India or Canada. Also they need to send you back to US on L1A and then file for GC in the eb1 category. The whole process will take close to 3 years from now. Your HR manager is the best person to talk to for this.
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Posted in I-140 Forum on 15 Apr 2016
Topic: I-140 EAD approved by OMB

Glad you understand. The problem is that people without having a logical interpretation of the rules of eb1, label every single eb1 applicant as fraud which is far from the truth. The fact is that USCIS allows it to happen hence people will happily do it legally. The focus should be on the system instead and the day DHS realize the gaps in this rule and amend them, eb1 applicants will drop drastically. Whoever started the petition deserves applause.
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Posted in I-140 Forum on 15 Apr 2016
Topic: I-140 EAD approved by OMB

You are right. May be once USCIS includes this clause in the eb1 criteria they will come after companies violating the rule. But as of now, there is no such rule about what title a consultant needs to hold at his client. As a consultant I can be an international manager at my primary employer and be a junior developer at the client and Its 100% legal and allowed. Otherwise USCIS are not fools to give away so many eb1 visas every year. If you think its a written rule then please share the source for everyone to see. You could argue that its a loophole and companies right now are smart enough to exploit this loophole.

Rather than spreading hatred toward the companies and people applying for eb1 category, the focus should be on applying pressure on USCIS to amend this rule just like how they did for H1 by introducing client letter requirement, LCA address, amendment etc and may be one day the rule will pass.
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Posted in I-140 Forum on 15 Apr 2016
Topic: I-140 EAD approved by OMB

Well may be the people who drafted the rule expected it to work that way but in the end left a loophole by not including that clause in the official rule and hence the result. There were loopholes like this even in H1 process but they rectifying them by introducing measures such as proof of client letter, Amendment etc. And along with them may be they'll introduce a clause to change the eb1 criteria as well.
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Posted in I-140 Forum on 15 Apr 2016
Topic: I-140 EAD approved by OMB

Yeah I can understand why you disagree on this but this is how most consulting firms (including Deloitte, PWC, Accenture) function. Unless they introduce a rule saying the title should be the same at the parent firm and client company, companies will continue doing this.

Also this is a good revenue making model for them. For example Deloitte sends their 'Manager' to the client site and will bill some 30% more from the client just because he holds a manager title in their company and has more years of experience whereas he would be doing just BA work at the client gathering requirements.

Agree with you that its unfair but not fraud. To me its fraud when someone violates rules such as forging signatures, faking experience, faking client letters, etc, but yes for the benefit of others the eb1 rules need to be amended.
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Posted in I-140 Forum on 15 Apr 2016
Topic: I-140 EAD approved by OMB

Well calling it fraud is stretching it a bit. I 100% agree that its a loop hole in the system and need to be corrected. I have signed the petition as well. Fact is that companies are taking advantage of this loophole. But taking advantage of a loophole cannot be labelled as fraud and the people benefiting out of it are not fraudsters.

Its like putting someone in jail without a lock and not punishing them for escaping. Every single guy will try and escape instead of sitting and thinking that its unfair on the inmates of other jails. Same is the case with eb1. If you have an opportunity, just take it.
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Posted in I-140 Forum on 15 Apr 2016
Topic: I-140 EAD approved by OMB

You have no clue do you? Well but if thats what makes you sleep well at night, live the fantasy. Good luck with your GC.
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Posted in I-140 Forum on 14 Apr 2016
Topic: I-140 EAD approved by OMB

First off all I don't even know or had any experience of refugee camp or any desi body shop you are talking about. Since you know about it so much in detail I can only imagine how you went through it yourself. Just because your children are born here you call yourself an American ? Heights of comic ignorance.

I worked in several countries all over the world, recently came to US and yes on my way to get a GC through EB1 unlike you who has been stuck with your family all your life here. Because why ? Guess what I am not an idiot. I am way smarter than you. I have not committed any fraud and will get my GC 100% legally. Btw aren't you sick of faking your resume to even get a decent contract ?

I can imagine someone as frustrated as you can only blame others for your sorry life. Don't worry about me cramming up in a single bedroom. I have my own house in the US and settled already. You worry about your sorry life and job.
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Posted in I-140 Forum on 14 Apr 2016
Topic: I-140 EAD approved by OMB

You have no idea of how consulting works and zero idea of what the actual rules are. If you don't know the basic foundation of how a consulting firm functions I cannot help you. Yes any consulting company including the big 4 can hire a MANAGER and send him as a DEVELOPER. That is how companies operate whether you like it or not and it is well within the rules of USCIS and doesnt account as fraud in any way. USCIS are not fools to approve eb1 visas. They are surely smarter than you orelse every single person applying for visa would be rejected.
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Posted in I-140 Forum on 14 Apr 2016
Topic: I-140 EAD approved by OMB

You should ask that question to the company who hired him on why they assigned him as a developer at the client. This is a common scenario. He/she can be anything at the client but what matters is the position they hold at their parent company. And its not against the rule for being eligible for an eb1 filing. I for example hold a director title in my consulting firm based on my seniority and project experience but my position at the client is Sr. Architect. I hope this answers your question.
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Posted in I-140 Forum on 14 Apr 2016
Topic: I-140 EAD approved by OMB

Thats my whole point. Everyone of us are in the same boat. Just because some one utilizes the system in a smarter way and files for GC in eb1, it doesn't make them a pimp.
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Posted in I-140 Forum on 14 Apr 2016
Topic: I-140 EAD approved by OMB

If they are pimps and what is someone like you who left family back home for some dollars, sucking up to the Americans begging them for GC so that you can stay here for good? What does that make you then ?
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Posted in I-140 Forum on 14 Apr 2016
Topic: I-140 EAD approved by OMB

Agree with you. The easiest thing to do in this world is blaming someone else for their failures. Don't get a job, blame consultancies and resume fakers. If GC is taking too long, blame eb1 applicants. Very convenient.
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Posted in I-140 Forum on 14 Apr 2016
Topic: I-140 EAD approved by OMB

There is no clause like that. Its a just a bogus rule invented by some people for their own agenda. There is no requirement on how many people you need to manage to qualify for eb1. If you find it on any official USCIS/DHS source please share.
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Posted in I-140 Forum on 14 Apr 2016
Topic: I-140 EAD approved by OMB

So just because they work as developers or testers, have weak communication skills and commute 3-4 hours in traffic they become frauds in your book ? That doesn't account for fraud with the USCIS, unless I missed these points listed somewhere in fine print.

In any major consulting firm, if you are a manager its not necessary that you manage people at the client sites. For example I work with many business analysts at the client who hold manager positions at PWC, which is their employer. Thats how every consulting firm functions. Even the big 4.

Problem is that people are unable to digest the fact that companies are utilizing the laws of USCIS effectively and using it to their advantage. That doesn't make them fraudsters. They are just smarter. Instead the focus should be on pressurizing USCIS to improve the system to speed up the process for eb2 and eb3 candidates and not labeling someone as fraud for perfectly following the rules. The joke is on you for not understanding how the rules work not on companies hiring managers. They will continue to hire managers and file for eb1s. You cannot stop them unless the rules are changed.
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Posted in I-140 Forum on 14 Apr 2016
Topic: I-140 EAD approved by OMB

Prove it. Prove that not even a single candidate from Indian companies aren't eligible. I work with international managers on a daily basis and know that every single one of them is eligible and filed in under the law 100% percent. Below is the law from the USCIS website.

"You must have been employed outside the United States in the 3 years preceding the petition for at least 1 year by a firm or corporation and you must be seeking to enter the United States to continue service to that firm or organization. Your employment must have been outside the United States in a managerial or executive capacity and with the same employer, an affiliate, or a subsidiary of the employer."

Every single international manager I know of fits the above profile, so your claim that every one is a fraud is baseless. Its very easy to sling mug on your own country men because you are not able to get GC. Your frustration is not their fault. I agree that the law needs to change to speed up the processing of Eb2 and Eb3 folks. But that doesnt mean that everyone who files in eb1 category are frauds.
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Posted in I-140 Forum on 14 Apr 2016
Topic: I-140 EAD approved by OMB

Yes there are fraudsters everywhere. eb1, eb2 and eb3 as well. Even more fraud in H1-b and F1. Not to mention L1 fraud. Action needs to be taken against all these people not just eb1. There are many genuine people as well who got GC through eb1.
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