Saturday, August 6, 2011

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  • nogc_noproblem
    07-23 12:43 PM
    Correct, unlike in the past, USICS do have some constructive numbers with them now.

    I am very very skeptical about the claim that USCIS moved the dates to June 2006 in a random fashion. They could have moved it to Dec 2005, but they moved it to June 2006 because they have the ACTUAL GC numbers (unlike us:)) and they have an estimate of how many could be adjudicated.

    Wishful thinking? May be. But everything points to above.





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  • chanduv23
    08-17 01:21 PM
    Do you mean to say if one american actor/actress is frisked away at Mumbai or delhi airport, americans will go to street and burn the indian flag..? GOA will go after the indian security and customs...? I am not blaming anything about SRK. I am blaming common man, GOI....most importantly the OP who started the thread for SRK....well this is my last post here and I dont want to waste my time on a useless issue.

    Common man is common man everywhere. Star worship is something that exists everywhere. be it sportsmen or movie stars - these people win hearts of people and thats what matters which is most important.

    Now you are blaming people for worshipping him. Thats how things are.

    Do you know how crazy soccer fans are in some countries?

    Thats how things are my friend.





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  • smuggymba
    07-26 07:15 PM
    I am not with Amway or Quixtar but I think the folks with Amway/Quixtar are under represented on this thread and it's not fair :-)

    Just to add another dimention to this thread I will play the devil's advocate :D

    Here I go ...

    You guys are all wasting your free time bitching on this thread where as we are spending all our free time growing our business. We will retire early as we would make $xxxx/month for nothing when we turn 40 and dont need to work anymore where as all you guys bitching about Amway / Quixtar will still be working hard at your jobs till 60.

    What's your response ?

    :D:D:D:D

    Anyone can make money in a ponzi scheme..quixtar people just stalk and talk to strangers and ask for their phone number.

    Respect other people. Sorry if this offends you.





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  • Beemar
    04-01 10:04 PM
    Ok. I will open a thread titled "Who after Hu" and put a poll in it too.

    In case you are wondering who is Hu... (pun intended)

    http://en.wikipedia.org/wiki/Hu_Jintao

    胡锦涛

    Happy now?

    Come on dude, don't be a 爛屄


    Some time back when I asked my chinese colleagues to join IV they commented that immigrationvoice.org is an "indian" immigration forum...

    No wonder they felt that way.



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  • desi3933
    06-16 04:33 PM
    Where did you get that 80k number? You think 80k is good salary for that job, someone else may say 65k, I may say 90k. The salary, among other things, is determined by market forces. If you can't find enough people with xyz then company will be forced to offer more.

    As long as there are people who are ready to work on salary 52k (example), employer will not pay 70k. As long as employer is following all the legal requirements, no one can dictate salary for the job.

    I agree that the employer will pay the salary that is consummate with the market. No well meaning employer will undercut to save a few pennies at the risk of losing out on quality.
    What if the market pay scales are distorted through pervasive fraud ? If you look at it from an employer's view, it gets murkier. Believe it or not, low cost always signal lower quality. Trust me this is marketing 101. Google low cost and the perceptive signals. It is truly tough for the employer to trust the low cost employee's skillset.

    Now the distortion comes into play when outsourcing companies flout rules and undercut the market through pervasive fraud. Like other industries such as manufacturing/agriculture etc, IT wages are destined to decline but not at this rate. The acceleration in the decline of wages is perpetuated by these scum outsourcing companies. If the decline in wages were let to decline at the speed of market, then it gives talented people time to upgrade skills or move to other industries without having to sacrifice quality of living. So per your argument, yes the end employer is following the rules by employing people from the outsourcing company because the employer does not know or looks the other way of the outsourcing company committing pervasive fraud. Oh BTW that 80K number was just to highlight that the L1s should be paid high too. It was not based on any scientific or statistical evidence.

    >> I agree that the employer will pay the salary that is consummate with the market.
    I am glad we are on the same page on this. It is employer who decides how much to pay. Employee decides whether to take the offer or not. Simple.

    >> Now the distortion comes into play when outsourcing companies flout rules and undercut the market through pervasive fraud.
    Well, you can report the fraudulent activity. If one is wronged, he/she has option of legal route and claiming punitive damages.

    >> The acceleration in the decline of wages is perpetuated by these scum outsourcing companies. If the decline in wages were let to decline at the speed of market, then it gives talented people time to upgrade skills or move to other industries without having to sacrifice quality of living.
    If my employer pays me less salary, I have option to move to another job. Just like my employer has option to fire me and replace with another qualified worker. Again, unless otherwise, I assume all actions are legal. I don't know about you, but when I came to USA, nobody give me assurance or guarantee that this job is future will pay me at least xx k per year so as to maintain quality of life. Here, two person of equal talent, could be earning 60k and 120k per year. It depends on your skill set, how do you sell yourself, and luck. An example - I have backgound both in Comp Science and Finance, so I look for opportunities where I can use both of them for effective leverage. If you think that I didn't face outsourcing challage or was not given pink slip, then you are wrong. As most professionals, I have seen good days and not-so-good days.

    >> Oh BTW that 80K number was just to highlight that the L1s should be paid high too.
    With your admission, it is employer's choice on how much to pay. As long as law is followed, you or I can NOT decide on anyone else's salary.

    >> For the most part it is if it were left to market forces. Employers, rationally, would only want as much as talent for the price they pay. Most importantly, employers would be willing to go the extra mile to sponsor green cards only if they perceive that the immigrant employee would add value both in the present and the future.
    Bad things do happen. Projects get cancelled as Customer is no longer interested. Employer wants to move from Chicago to Dallas, that may prompt employee to look elsewhere. Some employers do not process green card at all (It happened to me, a Big Bank was not processing Green Cards in 1999). You assume all good and rosy will happen to guenine employers and good employees.

    >> Now again, when I say employers, I mean the genuine employers and not the fly by night consulting body shops or the outsourcing companies.
    Just as some employers with permanent positions are not good, there are some employers in Consulting and Outsourcing world that may be good. Let USCIS and other agencies determine who are genuine employers or not.

    >> I strongly believe that EB based GC for a very large part is built on merit. You may see sme cases wherein some ordinary people getting green cards. They, in my opinion , are mostly from these body shops who got "lucky". Cant believe I am using that word !!!
    No sir. It is employer-employment based. If you don't have employer to back your I-140, how will get green card. Do you know there is a category - Eb3 skilled worker, where benefiery does not even need bachelor degree. What do you think, those people are "lucky". If so, please take your arguement to Senators and USCIS to restict GC for "merit based" only. Until then, as long as one is getting green card, as per current law, (again as per current law), who are we to complain?

    GC is not IIT-JEE exam where there is only one classification. Clear the exam and get the admission. There are varoius categories from EB-1 (Rocket Scientist) to EB-4 (Priest). This is not one-size-fits-all.

    We need to look at issues faced by EB based community from a distance and without the glasses of issues faced personally by us. Until then, it is fight that one is more deserving than the other.



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  • dreamworld
    05-02 01:12 AM
    Guys Peace..

    Every freedom fighter is a terrorist first. We can get this from history. Do you know who killed
    mahatma? Why? We can make a different argument. But there are differences between freedom fighters. But the ultimate goal is getting real freedom to the civilians who are fellow souls suffering from all kinds of issues from majority rulers.

    Not a single way to solve our immigration issue here in USA and not just ImmigrationVoice is fighting. It applies to any freedom struggle. There are many different freedom fighters fight for the same people for the same case.

    Guys look at Srilanka Tamil as Native Tamils from Srilanka and look what was done to them in the last 50 years from the beginning of Srilanka independence from British. Know the history and then make your point.

    There is a large humanitarian crisis for Srilanka Tamil in northern Srilanka after the Srilanka military invasion and world is ignoring it.

    I know nothing can be brought by killing people but only by peace and democratic and diplomatic approach can bring peace. Peace and Pray for all fallen freedom fighters in the world. Peace and NO WAR.



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  • mbartosik
    12-13 11:48 PM
    Mark,

    what say you?

    In some states the courts are "Courts of equity and law" or is it "Courts of law and equity", in other words the court has a mandate to enforce fairness within the bounds of the law (NY State is one such state). This derives from English law. However, I do not believe that is the case for federal court.

    If the courts were courts only of fairness, equity, what's right, etc., yes, indeed then I think that we would win. But the courts are courts of law. In our case the federal courts are courts of federal law. Congress writes those laws, and the courts are free to interpret those law but not change them. The courts can also throw out a law (this is often appealed to Supreme court). The Supreme court's job is to interpret the constitution, and to define how the lower courts must interpret the law, or to throw back the law to Congress.

    We have next to no chance in lower courts.
    Even if we appealed through courts up to Supreme court, and win we would loss because Congress would still be free to change the law to restrict in other ways, possibly with the same effect. In the mean time we would alienate those law makers on our side. Also USCIS would be free to stop ALL EB immigration, while the Congress decided how to rewrite the law.

    In our case there is no interpretation other than the mess that we are in is the law. So the Supreme court would have to find that the law was against the constitution, which I highly doubt that it is.

    Even if the supreme court found that the law was against the constitution, Congress could enact another similar law (akin to minimum sentence), that merely fitted within the framework of the constitution but achieved the same end result. A recent example of this was when the Supreme court found that Gitmo detainees must be given a right to review of their detention. The detainees were not immediately released because they were detained without review and against the constitution, no, Congress simply passed a law allowing review by military tribunal, that complied with the Constitution, and the detainees remained detained, with a totally meaningless review (not allowed to see evidence against them etc.).

    Thus the branch of government that we need to convince is Congress (which by the way I think the Constitution or an amendment gives the right to government immigration).

    I'm not saying do not fight, just fight smart.

    To me fighting smart means going to the law makers, politely, and persuasively. It is not aggressive, it is not radical, but it is fighting wisely. So I don't think that we are backing down in the face of things that are wrong, I think that we are standing up, but intelligently, and fighting where we can win.

    It is Congress that ultimately decides, the Supreme court can only say to them, "sorry, not in compliance, try again".





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  • gdilla
    05-11 12:21 PM
    A pdf of a comparative analysis of Canadian taxes. A little dated, but still more accurate than a lot of info posted here.



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  • NolaIndian32
    09-23 01:12 PM
    Nixtor,

    I like your idea, but please consider current homeowners as well in your proposal. I understand that if new homeowners are removed from the queue I am standing in, it will benefit me. But seriously, I will not get immediate relief. I will have to continue to wait in some queue for another decade. I have been in the US since 1994, completed 6 years of education and have been employed since 2000. My PD was current for 2 months, I am still sitting here looking at a dismal October Visa Bulletin. Yes, I bought my house 4 years ago. Why can't I be included in this list?

    Should I promise to buy a second home? Will that put me in the category you are proposing?





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  • gagbag
    07-03 09:47 PM
    http://www.forbes.com/feeds/ap/2007/07/02/ap3879453.html



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  • Alabaman
    05-10 05:25 PM
    Dont also forget that the points you need to make for the Canadian system is reviewed periodically. It can go up or down based on the need for skilled immigrants. This way they control the numbers.Then, live in Canada as a PR for 3 years and you are citizen. That is what I call a defined PATH. Something you can work towards... it also serve as an incentive for not towing the illegal route!!

    Live responsibly and legally in the United States for 15 years you can still be "kicked out"...employer petition is bondage my friend... There should be an earned path towards AT THE LEAST permanent residency, if not citizenship. Why would most people bother if it is almost impossible to achieve this through a legal path??? Easy solution? FRAUD!





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  • grimreaper
    07-21 02:02 PM
    Because of all these experiences, even when you genuinely smile or strike a conversation with a desi, he/she first suspects you to be an ammway guy. I face it everyday, being "outgoing extrovert" in nature, I tend to smile and talk to people in elevators, walkways, malls, restrooms, groceries etc... which is mostly casual fun stuff and most times desis suspect that I am a ammway guy and cut me out harshly.

    When I moved to Cali about 2 yrs back from the midwest, I saw a guy at a desi store in the bay area who looked very similar to an old school friend whom I have not seen in 14 yrs. I went upto him and started talking to him asking if he was the same guy, He insulted me and avoided me like the plague. In midwest, I have not had any similar exp when I have tried stiking any conversation with a desi, so I was shocked. Then my BIL who had been living in the bay area for a while tole me about amway cons being in huge numbers and the fact that Desis do not trust anyone in the bayarea who appear friendly and the probable reason why this guy behaved the way he did. It is sad that we cannot be friendly to our own countrymen.



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  • sachug22
    10-07 05:10 PM
    Sachug, it is a great attempt to compare the quarterly and annual spill overs. I made rough calculations couple of weeks ago with annual spill over. However, I assumed around 25K ROW visas(both pending and new) for EB2. And assumed only aroudn 125K for AOS keeping 15K for CP. I will compile all of my assumptions and post here. Overall, my calcs estimated EB2 move to Dec 2006. By the way, I hope you took China in to consideration for spill over.

    My numbers

    EB1 all - 17K
    EB2 ROW - 22K
    EB2-I 30K
    EB2-C 9K
    EB3 all - 40K
    EB4 all - 7K
    EB5 all - 7K

    CP - 8K

    I am assuming zero spill over from family category and lower CP numbers (no retrogress country applicant will wait for CP and new applications are low)





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  • jchan
    07-25 10:48 AM
    VDLRAO - You brought lot of valid points which supported by authentic statistics. But surprisingly Ron�s comment about the Aug bulletin is totally vague. You can throw the numbers to prove your claim but I don�t think Ron really has any such numerical explanation for his statement.

    With all due respect, I beg to differ from Ron (probably for the first time).

    I agree with vdlrao completely. The horizontal spill over rule essentially gives all EB1/EB2 visa to EB2's. This will make the EB2 cutoff dates leap and bounce forward. For EB3, however, there won't be any spill over data until EB2 become all current.

    In Oppennheimer's reply to Ron Gotcher's question, he mentioned that the horizontal rule was set after he 'had consulation with the congress', so it's very unlikely to have any change to this rule till some legislation changes take place.



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  • smuggymba
    07-28 11:26 AM
    what is diamond, emerald, upline etc?





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  • Googler
    02-14 03:30 PM
    Just wanted to chime in to say that filing a lawsuit will only aid any campaign for admin fixes. The NC changes were done administratively but anyone who tells me that the scathing rulings from the federal courts had nothing to do with current changes is living in denial -- the recent rulings essentially shredded the legal basis for the form of these NC checks and attendant delays.

    There is absolutely no reason not to pursue both options. It would be totally delicious to have USCIS testify in court and explain exactly how they f&$@-ed up badly enough to pervert congressional intent and waste approx 120K EB greencards in 2003-2004.

    Write your letters (what does it take 10 min of your day), you have nothing to lose and something to gain by that. I did. But don't forget suing is the American way of justice.



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  • BharatPremi
    10-25 04:45 PM
    what is definition of "canadian business".

    Ans: The company originally set up in any province in canada.

    - May have business interest/setup in other countries in terms of
    branch/subcidiary or partnership with other compny in otehr country.
    can we extrpoltae your suggestion little bit more or is it asking for
    too much

    1. once you have PR ask your wife to open a company A.
    2. As a employee of company A you can come over to USA while maintainig your PR status. You should still be considered to be covered under candian business wanting the employee to work on international projects..

    can this theory fly...all this assuming no EAD filling in near future

    Ans: Keys: 1) companies MUST be set in both canada and US

    2) For investing you need not to be resident. This is true for both
    US and Canada.
    3) For filing GC you MUST be an employee. IF you are investor
    you can not file GC under your company
    4) US GC is very lengthy process. How you can make sure your
    employment for around 7 to 8 years? So considering this and point 3, convince your wife to set the business both in Canada nad USA.

    - Since you can not become investor to achieve US GC ( Considering to apply through Employment category .. which is cheap cost option), make
    your wife a boss and let her run business. You become an employee in Company A (Canada)set by her. Tell her to set company B in US. Tell her to find the project in US. Let her tell the client (USA) to go into contract with company B. Company B's owner (Your wife) will make a contract with Company A ( Here also your wife is an owner) for the position at that client. Being an employee of company A ("Canadian Business") your employer (your wife) will put a TN visa request to the consulate showing USA's client (comany B) business need. Upon approval you fly to USA (Now your wife is your family so wife will also fly with you) for starting a job. You will be considered "Physical Resident" of Canada as "Canadian Business" sent you to USA for business need. Now after some time tell Company B ( Owner: Your Wife)to file US GC application for "Future Employment". As long as you keep getting valid project work in USA, now you will be in a position to stop counting years of GC process. You will be able to maintain Canadian PR , can become Canadian citizen after 3 years and wait for US GC coolly. Ofcourse every year TN will have to be renewed.

    Possible flaws in theory: 1) Double taxes (In Canada nad US) ( Will require some research and good advise from Tax expert from both in Canada and US)
    2) May affect TN renewals adversely !!? ( No idea.. suggestions welcome).

    To me this way of thinking seems to be perfectly legal.. But I think we should better ask some good professinal lawyers who are experts for both Canadian and US immigration.





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  • pointlesswait
    06-02 01:17 AM
    country quota is not racial discrimination...u must be a fool to say that.

    To change the country quota..they have to change the whole philosophy of immigration in this country... Equal opportunity for all...

    Its absurd to try to change the country quota..we must try for recapture..instead..



    I do not agree ,
    They should not deduct SS/Medicare taxes, If i am not eligible for it.

    So basically you pay for a CAR , and you dont get the delivery.. What do you do??

    We have been trying for the recapture. And i see no success, or even close to sucess.
    A good lawyer, can prove that the country quota is a racial discrimination or is unconstiitutional.

    I may be wrong , and this is just my opinion.





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  • ss1026
    04-20 11:23 AM
    I applied for a labor substitution in 2003. The old labor had a master degree given out in may of 1999 and I had mine in august of 1999. I went and applied for it but the substitution was rejected after about 2 years. I wasted more than 5K and about 2 years. It is too much of a risk but give it a shot if it worth the risk for you





    akred
    02-20 12:40 AM
    How much investment is required to do this using the L1-A? This appears to be a better option than the EB-5 where money is tied up for years.





    snelakan
    06-27 10:00 PM
    cause state department made the dates current....USCIS can only request visa's from state department.....since they were not asking for a lot of visas, which were going to go waste, state department made everything current...