Saturday, August 6, 2011

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  • kanakabyraju
    09-04 07:56 PM
    I spent almost an hr going through these massive 12 pages and concluded to support British's saying "Indians are dogs" and I want to add the following,

    Indians are dogs and AP is full of mad dogs.

    I am from AP and does not belong to either of the casts that people were fighting here.

    I like YSR because of his leadership qualities. I like his guts, determination and down to earth personality. This is just his personality and I don't like the way he is spending money and all traps for poor people and making them beg. As many friends here are talking, he is corrupt, kills opponents and land mafia.

    From all the posts I have not find a single person to mention JP from Loksatta. If we keep aside the feelings like state, language, caste and religion and encourage JP, we will really see bright India.

    URL Here :: Lok Satta Party - New Politics for a New Generation :: (http://loksatta.org/)

    We shall stop here and talk some one like JP.

    Kanaka





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  • BharatPremi
    12-14 02:38 PM
    Nope. UK and Pakistan would then join the club of India & China. ROW is an artificial construct. The reason USCIS posts priority dates for India, China, Mexico and Philippines separately is that applicants from these countries are typically, and especially over subscribed. ROW countries are just countries which are not typically over subscribed in the EB category.

    So what you are saying, in other words, is 7% limit is for every country in the world (Except USA:)) correct?





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  • hydboy77
    06-04 01:13 PM
    This is what I was also proposing in another thread. we should ask for an administrative fix where once the application is pre adjudicated the applicant should be left alone and not issed any Employment verification letter rfe, or semilar\same job restrictions if they are back logged because of country quota and face multiple year wait, this way atleast it will give people some breating space, the way the system if set up right now, EAD, 485 pre adjudication, I140 approval are all useless if you keep getting Employment verification letter rfe and same semilar job rquirement. Without visa recapure it is going to take atleast 10 years for Eb3 and Eb2 india, in the next 10 years you will keep getting Employement verifivation letter rfe and semilar and same job requirement, there is no way anybody can survive that for 10 yeears. Administrative fix like this can happen without passing a law, for example USCIS started issuing 2 year EAD for retrogressed applicants as an administrative fix. We dont even need a interim green card we can continue on EAD with the administrative fix to exempt cases which have been preadjucated (485) from Employment verification letter RFE and same and semilar job requirement.

    I just used t he term Interim GC to convey the idea, it could be named anything. EAD is a also a partial GC, it gives you rights of a GC holder pending administrative processing of your application - to work with any employer. The interim GC may provide all rights of a GC holder, awaiting final count in the legal register (due to legal need of numeric limitations) and the final card, just like a temporary driver license you get immediately after the road test. The idea is that once this stage is passed, no further questions on employment, etc. should be asked.





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  • sidbee
    06-01 02:59 PM
    Generic lawsuits are not the answer. We should use the above information when we talk to the lawmakes and also use this as rebuttal to the anti's. Lets focus on recapture, venting is not going to help, lawsuits will only help make the lawyers richer(just look at the houses and cars of immigration lawyers ;))

    SSA depends on different countries. People from Mexico and Sweden for example will not have this issue. India does not have a treaty with the US.


    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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  • another one
    12-13 02:00 PM
    Since SC has already decided on the matter, does this rest this discussion?


    Here is what the Supreme Court said:
    http://supreme.justia.com/us/426/67/case.html

    "The fact that all persons, aliens and citizens alike, are protected by the Due Process Clause does not lead to the further conclusion that all aliens are entitled to enjoy all the advantages of citizenship or, indeed, to the conclusion that all aliens must be placed in a single homogeneous legal classification. For a host of constitutional and statutory provisions rest on the premise that a legitimate distinction between citizens and aliens may justify attributes and benefits for one class not accorded to the other; and the class of aliens is itself a heterogeneous multitude of persons with a wide-ranging variety of ties to this country.
    In the exercise of its broad power over naturalization and immigration, Congress regularly makes rules that would be unacceptable if applied to citizens. The exclusion of aliens and the reservation of the power to deport have no permissible counterpart in the Federal Government's power to regulate the conduct of its own citizenry. The fact that an Act of Congress treats aliens differently from citizens does not in itself imply that such disparate treatment is "invidious."
    ...
    The real question presented by this case is not whether discrimination between citizens and aliens is permissible; rather, it is whether the statutory discrimination within the class of aliens - allowing benefits to some aliens but not to others - is permissible."

    The SC concluded that the statutory discrimination within the class of aliens is permissible.





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  • insbaby
    02-13 02:02 AM
    I think the entire community should align behind Administrative reforms with a laser-focus. This initiative is a digression.

    IV has had it's own share of success with it's approach. No other methods have succeeded so far .

    Also, from my little IV volunteering experience I can vouch that our community has very high inertia and is difficult to organize. people are afraid to send letters to president...good luck in getting them to sue USCIS.

    community does not have the bandwidth to take multiple initiatives.

    I see no wisdom in doing this. USCIS/DOS can screw us worse , if they wish to . This is not being timid but being pragmatic...anyway the bravado talk also needs to be followed up by multiple clear paths to victory.

    Boss, you will realize the importance when you are told that you are NOT ELIGIBLE for a driver license in this country and they will ask you to get a cab to work or WALK to work.



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  • ramus
    07-04 09:03 AM
    Thanks..

    Could you look at the following report and try to find email of the reporter and let him/her know what happened with us.

    http://www.hispanicbusiness.com/news/newsbyid.asp?id=68312&cat=Today's+Most+Popular+Stories&more=/news/newspopular.asp


    Thanks..

    We need multipal people working on different action items.. Lets spend our holiday doing something for us/IV.




    also sent it to the drudge report...if he picks it up other talk show hots will pick it up too.





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  • gauravster
    06-05 11:58 AM
    EB is based on employer's need and sponsorship. Even AC21 is a deviation (in our favour) after 180 days wait. That seems fair, as permiiting you to ditch sponsoring employer soon after your filing for permanent residency could lead to fraud.

    Any suggested change should not appear to be too much deviation from the original intent. Best potential seems to be for USCIS to communicate preadjudiation decion to clients without waiting for the visa number (stating that the decison letter could be used for GC benefits, such as those given by EAD & AP, until such time formal GC card is issued, which could be done when visa number becomes available). This should reduce USCIS workload as they will not have to keep on working same cases again and again with frequent requests for FP, job confirmation letters, etc.

    It is not fair, as this is happening to only people from one/few nationalities. For it to be fair, it should be the case with everyone. It is only fair that once it is proved that a person with the requisite skills is needed and not available among the US citizens, these people should be allowed to move freely so that they are not exploited.

    The only way to prevent fraud is to make the initial process of requirement more robust, unfortunately, there is not much that can be improved. Make the process easier and we increase fraud. Make process more difficult and we increase rejections for genuine applications and affect competitiveness. Its is fine line. delaying at any later stage based on nationality is outright unfair to those nationals and potentially could be termed racism.



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  • poorslumdog
    05-03 01:50 AM
    Did you ever heard about a frog in well story!:rolleyes:

    JaiHind

    Yes...you singala racist.





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  • hopfully_gc
    07-29 10:08 AM
    Dear Mr.Pappu,
    I need to take an appointment with the attrorney. Can you please help me how to procced?
    Thank you



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  • eb3_nepa
    07-04 12:23 AM
    http://digg.com/politics/USCIS_Visa_scandal 49 DIGS

    http://digg.com/politics/Rep_Lofgren_Issues_Statement_on_Updated_Visa_Bulle tin

    http://digg.com/politics/U_S_Withdraws_Offer_of_60_000_Job_Based_Visas_Ange ring_Immigration_Lawyer/who - 72 DIGS


    Dugg all 3





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  • neil.0505
    08-08 04:07 PM
    No you will have to get your visa stamped with the new approval from Company B before reentering the US.

    Thanks you for your reply.

    Q. Can I travel to canada by car and avoid a new VISA stamping ?? (I have a valid I-94).

    Thanks,
    Neil



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  • nixstor
    02-14 01:29 PM
    Watch and see how fast the Michigan government will start issuing DL to H1B holders and to those who has pending I-485.

    http://www.aclumich.org/modules.php?name=News&file=article&sid=567
    https://www.aclumich.org/pdf/licensecomplaint.pdf

    Just a FYI, MI law only does not allow DL's for new applicants.

    Existing F1's/H1B's and those who already filed for 485's can keep renewing it.

    That said, I understand that you are using it as an analogy to say that the lawsuit against USCIS is successful.





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  • gc4me
    03-27 09:52 AM
    From immigration-law.com

    03/14/2007: Beware of Upcoming Final Rule to Eliminate Labor Certification Substitution Elimination and 45-Day Validity Cap

    This is currently reviewed by the OMB since January 26, 2007. The OMB usually has upto 90 days to make a decision unless either the OMB or the agency (DOL) decides to extend the period. Just reminder!

    -------------------
    So, April 26 is the decision day. It can be extended or that might be the end of LC Sub.
    My Q' was, if it becomes effective on 27th April, will USCIS reject all pending cases ?

    How do you now that? Any sources?

    If text of the proposed memo will be the same, then all pending I-140 based on LC substitution should be denied.



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  • hydboy77
    05-29 04:36 PM
    I agree with what you said except I would add those past mid 2004 instead of 2005 as hopeless situation in eb2 india. I dont think the Eb2 India will ever move past March/april 2004. Infact with every visa bulletin the EB2 india dates will start moving backward to 2003-2002. One silver lining is Eb3 to eb2 porting will be completely useless. It now takes atleast 6 monts for perm to clear( this is the best case), EB2 is almost impossible to get, if you take a risk and apply in eb2 almost gaurenteed for audit. atleast now we have a clear picture of how many decades(no pun intended) it takes for eb2 and eb3 India to get there green card. My guess is obama\durbin\grassley are figuring out how to kick us out. I remember one of the tactics that the conservatives proposed for kicking out the illegals was to make it difficult for illegals to get employed by imposing heavy fines on employers for hiring illegals. Obama durbin and the democrats are using the same tactics with just a minor difference, instead of illegals they (obama\durbin et al) are going after legals by issuing RFE on EVL even for 485 etc etc etc. Basically they want to haress and make us so dejected that we will leave US and they can keep our social security taxes for wealth redistribution. most of us (atleast the people who graduated out of US universities) gave the prime part of our lives for this country, now we are being treated like we are not even humans. How can anybody work in US for 10+ years and still not have a green card and face the possibility of being kicked out.

    Ok, the guy that sets the dates says that he sees no possibility of dates moving forward for EB India and ppl are still thinking there is hope? I am an optimist and try to see the brighter side - and that side here is that we know there is no hope for those past 2005 in the next two years. That to me is sufficient to make decisions and move on. Be it changing to a different job or going back to the home country - most probably the former for me.





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  • soulat
    10-03 11:24 AM
    Hello,

    Firstly, thank you to the attorney for taking the time to answer our questions and to Immigration Voice for facilitating this process.

    Dear attorney,

    Is the "P" visa category considered a dual intent visa category? Meaning can someone on a P visa apply for permanent residency?

    If yes, then is the permanent residency process for a P visa holder the same as someone on an H visa? i.e., get LC, I-140 and then apply for I-485?

    Thank you in advance for your reply.

    Best wishes to you!



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  • nk2006
    10-03 11:41 AM
    Hello Friends and my fellow GC awaiters..
    Is it worth taking the risk and go with the labor substitution?
    The second question/advice I'd like from you is:
    If I go back to the same company after 6 months because of some issue with the labor can I still preserve my 2003 PD?
    1MoreDesi !

    First of all couple of things: (i) As of now there is no exemption for master degree holders (either from US or outside). There are provisions in SKIL bill and CIR but as you might know already they havnt yet passed in the congress and there is no gaurantee if/when they will be passed. (ii) Labor substitution is available now - this can go away or can stay because of large number of comments.

    I can understand your dilemma. I was in a similar situation last year. My new employer "assured" me labor sub. But after a few months they backtracked saying the lawyer thinks that it wont match with my skills etc. and some such technicalities. So be very careful/particular about if your new employer will use substitution for sure. Next thing to consider (actually most important one in ideal circumstances) is which job is in-line with your future plans and which one you like the most. If your present one is very good and you are very happy there - then I think its worth staying and hope for the best in the coming bills. If you think both are of same nature then take the sub (while maintaining a good relations with old employer) and get the greencard early. In my case I left a job that I loved the most and was in line with my future plans - thinking that if I get GC early it will ease my tension and sleep better in nights and hoping that my new employer would do everything they mentioned before joining there. Now they didnt give me the sub (but are applying in PERM) and my previous employer situation is also changed and are in a hiring freeze (taking me back is now considered a new hiring) - so I am feeling stuck and unhappy. I am posting this just so you are aware of possible risks. Hope this helps.





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  • lazycis
    02-15 11:22 AM
    I set up a yahoo group to discuss the issue. To subscribe, send an e-mail to
    visa-recapture-subscribe@yahoogroups.com
    Please include your IV alias when you confirm your subscribe request.

    Also, just wanted to clarify that I will not be able to spearhead the issue. I will contribute as I can: financially, doing legal research, reviewing briefs and generating ideas. But I do not have a lot of time to dedicate to this initiative. I also think it should be somebody who is affected by retrogression. People should be willing to change their situation, otherwise I do not see the reason to help them.





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  • satyasaich
    03-19 03:06 PM
    For the record, when i left one of the Big 5, they still answered for 45 day letter, LC was approved, used for someone else (in Feb/07) who is in need.
    How do i know? it's very simple. There were 63 LCs pending in Philadephia BEC, which are EB2s with a priority dates in Jan / Feb2002. Some of my colleagues who were with the same company already filed 140+485 last month.
    Since this is a public forum, i can not give the name of the company
    My company cancelled my labor process the day I resigned, tell me which big reputed company responded to a 45 day letter even when the candidate was not working with them, so that leaves us with companies like Cybersoft who filed multiple I-140 on one labor approval or there are people who are running parallel processes just to be safe and they are buying the sub. labor,so now even if the companies intention's are good,filling I-140 multiple times creates backlog in the service centers and then it is up to your fate if your file is picked up in the numerical order, in concurrent filling it was a race who got the the GC first the original beneficiary or the person who paid price for the same labor. Who are the people opposing substitution ban or the 45 day rule if you find them you will get your answers.





    kalyan
    07-21 04:12 PM
    If PD moves to last quarter of 2007 within a year, then there would be no candidates (EB2), since all will still be stuck in PERM audits which will take 6-12 more months to clear + I-140 processing time.

    So, they move PD dates faster but freeze PERM apps. I am confused:confused: Any insights?

    where are they freezing perm Apps. Mine was filed in march and got out in May '08. This was my first LC.

    I am glad they cleared in 2 months. I know couple of guys who got out in 2 months for their LC.

    There are lot of people who filed after Augst 2007 but not that many as influx when everything is made current.





    punjabi
    07-31 12:23 AM
    Remember? In I-485 form, we have to fill Yes/No answers for questions like - have you ever been convicted of a high crime, did you ever involve yourself as a prostitute, etc. etc.

    Very soon, USCIS will issue an updated I-485 with added questions like:

    a) Have you ever been involved with Quixstar or Amway?
    b) If yes, did you ever get successful in rubbing Quixstar shit on other desi(s) whose I-485s are pending with us?
    c) Did you ever get f****ed up by your Up-line members?
    d) If yes, please provide a notarized documentation on it otherwise you'll see an RFE from us.
    e) Do you feel the urge to ask directions from innocent-looking-desi(s) in malls when your wife is accompanying you as well?
    f) If yes, beware - she might be explaining the Pyramid Scheme in detail to your guy in your absence. (Some of our 485 applicants are really good, no matter how many detours they need to take in order to reach the top of a pyramid. You might be inviting The One into your life in Walmart Aisle # 17. And "your application" will remain pending forever from there on.)