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  • gc4me
    02-13 02:08 PM
    That was an example only. A country can use max 7% of total visa. And if you see the EB visa allocation, other than India, China the 3rd largest Visa was taken by Korea (about 4K, don't remember exactly) and the fourth country only used around 1200, all other countries used with in 100s only. So if a country (example Malaysia) uses only 200 Visa and if it had 500 applicant, why 300 people from Malaysia was retrogressed.



    There is no such thing as EB3 Nepal, which I'm sure you know. In EB3 ROW, this includes everyone else. I'm sure there are some significant numbers from the UK, Germany, Australian (although they might be separate under E3... not sure), Japan, Tawian.... etc etc the list goes on.

    EB3 ROW doesn't just mean those from tiny countries with tiny populations





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  • breddy2000
    09-04 12:57 PM
    Sreedhar,

    I agree with your comments.

    In India, politics have been used to amass money, wealth and YSR has used his position for killings, land grabbing, scams etc.,

    Make money the right way, no one stops any one. Where is the end to corrupt means? Yesterday YSR, today his Son. The biggest problem today India is facing is, people involved in policy making deeply submerged in corruption.

    There should not be an excuse on comparison. If today we don�t condemn, tomorrow we will be affected. And being here we have to set an example to other people out there in India, living and working in USA is an experience that can�t be valued on paper.


    True Facts have Guts to reveal yourself..... We know that you have compromised on personal details about IV members....This is insane I say.....





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  • msp1976
    02-20 11:35 AM
    Three years later I decided I missed USA (note: Canada isn't much different but I still missed the "system" and the rush of working in the big economy with the biggest companies. I came back and stuck in greencard process now for many years.

    My conclusion is that I made a mistake of going back and should have stayed the first time around. Something for everyoen to consider going back to other countries or back home.

    I keep thinking about going back and your inputs are valuable in this regard...
    But in my case I could think of a few more factors...
    1. Back home the economy is sizzling...(Don't know how long that would last)..
    2. My friends who chose to stay in India/left for India in 2/3 years have a greater net worth than I have...(through stock market/real estate appreciation..) again do not know how long/whether this would last..
    3. I am really at my wit's end as far as work is concerned...The stagnation is killing me...I am in this place for last 7 years....





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  • GC08
    01-28 04:09 PM
    :mad: They should stop the so called substitution.



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  • chanduv23
    07-21 03:31 PM
    After participating and running so many campaigns on IV, it may not be a bad idea to run a campaign to addrss the same

    Just like we successfuly eradicate "SMALLPOX", we can do something like eradicate "AMMWAY MENACE"

    Reqruit volunteers who would act like ammway victims

    Volunteers will collect all information about this ammway guy, his picture (so easy with BB, iphone etc..) , his location , his manners etc....

    Post all their information on a website.

    Have a mobile app wherein one can key in some details about a ammway guy and gets a response back.

    Make a database of al these people - ridicule them openly on the website - circulate the website to all websites so that others see them.

    They will then realise how much they are hated for what they are and what they do.

    At some stage, this menace will stop.





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  • smuggymba
    01-25 02:52 PM
    From the day I came to this country , I have spent around $12,000 on immigration including H1-Bs, filing GC, APs, EADs extra. Not to mention the traveling for visa stamps and whole other shit load of expenses. I guess most of people who paid for filing GC did spent same amount of money.

    Hell ya, Some one got to be benefiting from my $12000.


    I thought we're not supposed to pay for H1 and GC. Correct me if I'm wrong? I guess we can only pay for the visa appointment fee.



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  • msp1976
    02-18 12:37 PM
    I differ with you again, my friend.
    The main reason(s) behind less mobilization is this. Pappu described this on a different thread.

    1) Ignorance about the true nature of the problem
    People like you and I don't know that without a change in the laws, they won't get their greencards for another 10-20 years.

    2) Lack of faith and understanding of the system
    People like you and I, once they know that they are getting screwed, think that the situation is hopeless. They don't understand that the merits of our case (you alluded to them in your previous posts, the demographic shift due to the baby boomers retiring requires skilled labor in this country), is sufficient to warrant a sympathetic ear to us in the congress. We CAN freaking get out of the mess we are in.

    We have to accept these two problems. And then we have to address them. How do we do that? Thats the big question.


    I respect your opinion ...but I refuse to believe that people are ignorant...





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  • mallu
    02-15 07:00 PM
    ....
    H4 people going to college is just a miniscule compared to the number of desi students who come here with a good GRE and GMAT scores.
    People would like to see India as land of snake charmers, cows blocking roads etc.
    They can't digest IITians coming to MIT, Stanford etc. :-)



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  • thepaew
    03-27 11:53 AM
    Smart Money is on Kumari Mayawati

    Boss, remove Atalji. He is on bed for last 8 months. So no chance for him.
    Sonia Gandhi is out of question as people will not accept her.
    Rahul is a baccha ( KID ) in front of all those stalwarts ( old and experience wolves ).

    Contest should be only between MMS and Advani.

    Though i would have loved to see Modi on PM HOT seat.





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  • hopefulgc
    02-14 03:38 PM
    damn.. lazycis you are good... its a winning precedent.
    would you be our lawyer (you have a few weeks to get the JD and clear the bar exam)
    :)


    ---------------------------
    Originally Posted by lazycis View Post
    "Another aspect of the present misconduct relates to the agency's failure to fulfill a statutory duty. The INS has a statutory obligation to issue visas to qualified applicants to the full extent of the annual quota limits established by Congress. 6 The legislative history of the Immigration & Naturalization Act indicates that this duty has not been left to agency discretion, see S.Rep. No. 748, 89th Cong., 1st Sess. reprinted in (1965) U.S.Code Cong. & [*39] Ad.News, pp. 3328, 3337-38, but is obligatory upon the agency. "

    http://immigrationvoice.org/forum/showpost.php?p=223326&postcount=124

    See the Judge ruling from Lazycis post regarding namecheck. USCIS has an obligation to use the numbers to the fullest extent.



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  • sri1309
    09-23 05:53 PM
    I am titled towards this idea. We can say its hard to get a mortgage with the status pending..

    But nobody likes my idea ? Premium processing @$10K. I am sure there will many who would like to do it, but based on response I got, I am doubting now.. Anyone who thinks this can be proposed too?

    But pls keep calling on 5882.. I still feel there is a chance..





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  • NKR
    02-15 06:24 PM
    Dingudi,
    I didn't generalize. I said preponderence meaning "a lot of" cases with L1/B1/H1 and I am also not denying the fact the India is doing a great job in producing IT skills in great numbers. I am saying how they end up in America in greater numbers than any other country. China, Pakistan, Israel also produces lots of IT gradutes but they don't have the bodyshop connection to land here with an NIIT certificate.

    Then pray why people from other countries are not landing IT jobs?. Can I say that NIIT teaching is better than the teachings in the universities of the countries you have mentioned?.



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  • ZeroComplexity
    12-13 07:01 PM
    One possible argument someone can make is , if there isn't a per country limit on H1Bs, why should there be one on GCs?


    We can have a lawsuit saying, cap both visa types or cap none.

    If ever this law suit come before a judge, we can potentially win by creating a list of all the lost oppurtunities, lost time and money etc, basically building a human story around the restriction.

    Other than that, I don't think per country qouta violates the constitution.

    Anyways, I am enjoying this thread, very logical arguments in each reply.





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  • paskal
    12-14 05:55 PM
    it's clear as pointed out above that we peters and pauls here.
    iv is not striving to remove country qiota in isolation.
    that said, those who benefit will always justify it. it is human.
    my personal view remains the same: discriminating between two individuals by country of origin is wrong. period.
    thie country recognizes that fact in EVERYTHING, except immigration, and that has a long history of fear and restriction behind it.
    i guess until one feels the effects of being on the "wrong side of the fence" it's hard to see this picture.

    meanwhile this is going too far and i will close this thread forewith. wake up people - there is barely any difference in EB3 india and ROW...so what's the deal with swamping? and if one country gets more GC numbers...maybe ...horrors...it's because it has more applicants???

    those who support this "diversity" crap- you will find your own "quotas" somewhere sometime someday for sure. then please remember that it's ok to take away from you and give others for any chosen reason....

    i get the last word. sorry! :-)



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  • maximus777
    08-19 10:51 AM
    Another story doing the rounds.....

    SRK as usual did not comb his hair and was dressed shabbily...

    Immigration officer: Who are you?

    SRK with a loud voice: " Im KING KHAN ".

    Immigration officer: What......???

    Other Immigration officer: Sir! He said he is KING KONG.....

    Immigration officer : Guys catch the monkey in disguise......

    SRK: Maahaaa Maahaa Maahaa Maahaa Maahaa...

    Immigration officer: Sir...Howz the monkey sounding like a Goat????

    So this is how SRK was caged in America...

    Good one! LMAO :D





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  • IV2007
    07-03 12:50 PM
    I don't have any documents/reciepts related to I-140.

    Recently my company attorney told my I-140 is approved. However he is not ready to provide any further details.

    In such a scenario, can I do AC21 (assuming the risks) ? If so what documentation would I need to provide to my joining company/attorney/USCIS ?



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  • chanduv23
    06-26 12:39 PM
    There is possibility that retrogression begins in August. The USCIS maail department will acept only those cases the clerk could manually enter into the system by July 31st and then send all those applications back which he could not enter manually

    IV Roumor thread - lets give the 'Best roumour of the day' award to the most convincing roumor .....


    :D :D :D :D





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  • sobyb
    05-02 12:37 AM
    But real world does not work like this. If you are not aware Gandhiji passed away/ assinated in 1948. this is 2009.

    Thanks Dude! .. Gandhiji never died and ever will... the day you realize that there would be real solutions to ethinical/lingustic/religious descriminations/issues :)





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  • Saralayar
    03-17 10:33 AM
    Asking such things are not correct. Any how labor substitution is not happening much and individuals with real issues like kids going to the final years in school etc., are finaly deciding and trying to take this risk.





    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".





    manderson
    10-18 12:25 PM
    http://www.theglobeandmail.com/servlet/story/LAC.20061018.BOARDIMM16/TPStory/National (http://www.theglobeandmail.com/servlet/story/LAC.20061018.BOARDIMM16/TPStory/National)

    Immigration board short of staff as backlog grows


    GLORIA GALLOWAY

    OTTAWA -- The number of immigrants and refugees waiting for permission to stay in Canada has grown since the Conservatives took power last February, the chairman of the Immigration and Refugee Board of Canada told a Commons committee yesterday.
    "This year, the IRB has a complement of 156 members. As of today, we have 40 vacancies," Jean-Guy Fleury said at a meeting of a parliamentary immigration committee.
    When he appeared before the committee in May, Mr. Fleury said he was optimistic that the backlog of cases would drop below 20,000. And it did fall to 19,800 a short time later, he said yesterday.
    But, because there are not enough people to hear cases, it has since climbed to 20,500 and Mr. Fleury said he expects it will quickly hit 24,500. The government, meanwhile, has made just eight new appointments and 12 reappointments since the January election, he said.
    "In the absence of appointments and reappointments, I cannot fulfill my promises to this committee on processing times and innovative reforms," Mr. Fleury said.
    Lesley Harmer, spokesperson for Immigration Minister Monte Solberg, said the minister has taken several steps to get the positions filled.
    "We have brought in reforms that have reduced the process for applicants down from eight months to four months," Ms. Harmer said.
    "As well, at the minister's urging, to cast the net wide and ensure potential candidates are informed, an advertisement was placed in the Canada Gazette and national newspapers to draw in a new pool of applicants for openings on the board. This resulted in more than 350 new candidates. We're also continuing to look for ways to reform the system and get competent, professional members on the board."
    But opposition members who sit on the immigration committee said Mr. Solberg must act quickly to fill the vacancies.
    "I think it is a very serious issue," said Bill Siksay, the NDP immigration critic. "The vacancies mean that the work's not getting done, that important decisions aren't being made, that people are being left in limbo."
    Mr. Fleury said he has met with the minister about eight times since the election and that the only reason for those meetings is to discuss appointments, Mr. Siksay said. "So I think that the minister is a barrier in all of this."
    Liberal immigration critic, Raymonde Folco, a former member of the Immigration and Refugee Board, said the backlog that her party started to reduce is now increasing again.
    "I know from experience that it takes an awful lot of people to take care of these hundreds and hundreds of refugee claimants who come in every year," Ms. Folco said.
    "Just in terms of mathematics, when you divide the number of immigration judges we have now by the number of cases that come in, you realize that gives such a load to people that they can't support it."
    Meili Faille, the Bloc's immigration critic, also blamed the minister and the Conservative government for the problem.
    There have been many complaints from lawyers, Ms. Faille said, "but also from people in our constituencies where their hearings are being postponed and delayed and what the IRB revealed to us this morning is that backlogs are increasing since the Conservatives have been in place."