Sunday, August 7, 2011

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  • waitingmygc
    01-14 02:30 PM
    By remembering July, 2007 fiasco, I see an opportunity to build a lobby here in favor of legal immigrants (H1B, waiting for GC etc.)which will help all.

    Act now, by mailing and talking to your employer about this memorandum if working with consulting company (doesn�t matter working with direct client or not, has EAD or not, GC priority is close or far) because employer is worst affected, they will of course will engage the attorneys. Attorneys are also affected with memorandum. This will help to build a big lobby here (remember July, 2007 fiasco) . Then, joining of IV members will help in result of BIG BIG BIG lobby.





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  • smuggymba
    01-15 03:59 PM
    I'm not sure why ppl gave me red for posting a business practice of desi dallas.

    Can you please tell me if what I posted is wrong or you just don't want to accept the facts?


    I trust the talent of desi dallas, they will come up with a way to circumvent this

    Their other talent includes asking some part of money from the employee from their salary every month so that they can give them money when they are on bench. They are genius. They come up with some serious fun stuff





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  • anantc
    01-14 01:15 PM
    Hi,
    Does this Memo affects for POE for existing Valid stamped Visas ?

    Thanks.





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  • samay
    08-07 12:27 PM
    Hi

    Is it ok to work part time (say 10 hrs a week) for a different company using EAD, while working for a primary company on H1B ?

    Thanks

    Yes.



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  • AirWaterandGC
    05-09 09:27 PM
    Just before any jumps on me :

    I respect , like and love the United States. It has taught me a lot, given me a lot of respect and made me a much better person.
    India is my country and I will get back there on some day. But I believe in a world without boundaries, and believe that political boundaries should not determine where/what I should do. That decision should be just made based on what/where I can be most productive/useful for myself and the society I live in. Hence I believe that USA/CA/India all are great nations/societies and we should respect them along with any other countries too.





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  • snathan
    03-30 02:55 PM
    If congress would have done it's job properly 60 years back, there was no need of nuclear deal now. The comment you made makes it pretty sure that congress was a failure since last 6 decades. The benefits of current nuclear deal will be in next 2 decades. So what poor people of India eat in next two decades? Will you tell them that don't worry...hang on for next 20 years. Also do you know the case of Enron and how politicians of all colors made fool of people.

    Again...I am not supporting congress. Yes, we didnt have anything for the last 60 years. Because of MMS we are going to see something in another 20 years. Is there anything you can give me Mr.Advani's vision about it. Even after fifty years.

    Whether we like it or not....nothing is going to change for the common man. Advani, Jaya, Karuna, Maya and mulayam all are same shit but different a$$ h&^e.

    I am supporting MMS because he is not a politician. Chose the less evil. nothing else.



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  • desi3933
    06-15 12:40 PM
    I believe in luck in the GC process. Before 2005 PERM process, many folks applied in states where Labor was fast. They were able to get greencards within a couple of years while others were stuck in Labor Backlog centers (http://immigrationvoice.org/index.php?option=com_content&task=view&id=67&Itemid=50). Some cleared all hurdles and got stuck in namechecks for years. Until 2007 Namecheck was a big scare. (http://immigrationvoice.org/index.php?option=com_content&task=view&id=81&Itemid=61)

    Many people could not file in July 07 for various reasons. Some people were born in India but were brought up in other country. Even they are stuck. Some people decided to rise in their careers and changed jobs on H1. While they did rise, but lost in the grreencard PD race.

    So definitely luck pays its role.

    I agree that luck plays a major role.

    Just last year, there were many GC approvals for PD of 2006. For them, start-to-end GC process was just 2 years. Now someone with EB2 2006, the scenario does not look that promising.


    ______________________
    US citizen of Indian origin





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  • breddy2000
    09-05 03:47 PM
    QUOTE=_TrueFacts;840961]breddy2000,

    Shame on you. thoo

    In your love for YSR, you are behaving like him. Are you from Kadapa? Why unnecessarily picking on CHANDUV23. I got his profile id from Orkut.

    orkut - (http://www.orkut.com/Main#FullProfile?rl=pcb&uid=16002627991370248382)[/QUOTE]

    What are you talking about me ass hole.....I do not have any Orkut and for that matter you cannot see me in Linkedin or any other solcial networking site.....

    Because of assholes like you , who misuse privacy I do not register like you Mr. CHANDUV23.....

    .....Just becasue my handle is contains reddy does not mean I love my Caste. And I have enough guts to say what I want to using my originbal ID and not like u ass hole hinding under the shandow and misuse the system (so called corrupted asshole, who is talking about corruption in India...)

    KLK----

    And guess what's the commonality between "_TrueFacts" and "CHANDUV23"....Both use "IMV" instead of "IV", to abbreviate Immigration Voice....

    Don't let me reveal many more similiarities between "CHANDUV23" and "_TrueFacts".

    Better of begging on the roads rather than playing your split personality role and creating havoc on this public forum.....

    Go see your own posts AH.....

    U Need to alteast learn how to hide your true identity......MOTHER FUCKER...



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  • msyedy
    01-26 11:20 AM
    Thanks Pappu. Is this called Labour substitution? I don't know that term.Any input regarding this is greatly appreciated.

    Labor substitution is not encouraged by INS any more, but is still possible.
    Use the old labor and file for premium I-140. If approved you can use that priority date.

    Simple as that, premium result will be in 15 days.

    Best of luck.... Though I dont encourage this, and I am against this because people are just moving ahead which is not a fair.

    But nowadays.with this retrogression and we fighting for our provisions I have become more stable and want any of my efforts to help anyone and this is making me happy/





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  • mirage
    04-01 03:59 PM
    It doesn't cost you anything to make promises, also people are used to being ditched by politicians, so they don't complaint. I guess mostly people feel satisfied by just getting the glimpse of you if you are a celeberity, otherwise why would anybody vote for Sanjay Dutt(thank God Supreme court banned him) ? Govinda, Dharmendra, Jayapradha have proved to be worst MPs for their constituencies...Mirage, thanks for the correction..

    wondering what he is going to promise to people of Moradabad !?!



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  • conchshell
    07-26 06:31 PM
    One important point that we seem to be missing is that there are about 50,000 Indian STUDENTS (like yours truly) who come to the US each year. Most of them are grad students and invariably all of them apply for EB based GC......think about it : 50,000 students each year and even if you assume half apply for GC - that makes it 100,000 PRIMARY GC applicantions from India alone over a four year period - staggering number........

    However, these students are not completely exempted from the H1B quota for each year. Whatever, if PERM filing in year 2008 has witnessed 46% drop since 2007 ... it tells us a lot.





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  • brahmam
    09-17 01:27 AM
    Here are the authentic numbers from FLCDataCenter.com (http://flcdatacenter.com/CasePerm.aspx)

    My analysis from those mdb files: (they are tricky because the data is for FY2005 while the priority date calculations we are doing are for the calendar year)

    calendar year 2005 ( received date between 3/19/2005 - 12/31/2005) = 8645
    year 2006 (rcv date between 1/1/2006 - 9/27/2006) = 15008

    after this it gets bad since the data has no receipt date, only certified date. my estimate is around 12000 for those 3 months of 2006.(total number of certified PERMs between 10/2/2006 - 03/31/2007 = 13873)

    total PERM approvals with PD between march 2005 and Dec 2006 ~ 37000

    If EB2 is 50%, we are talking ~19000, with an avg of 2.5 GCs per PERM, we need 47,500 GCs between Mar 05 and Jan 07.

    Good luck every one :(:D:mad:



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  • hopefulgc
    02-13 02:46 PM
    Agreed ... lawsuits work. The links are very encouraging.
    At the very least, we force them to respond & address the problem right away rather than just ignoring us like they have been doing all the time we have been lobbying.

    In our case, the "outs" they have to make us go away are very convenient...
    they would very likely agree to recapture.





    Lawsuits do work. Apparently nobody checked the links I posted on page 1 so here are a few examples:





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  • shruthi07
    01-27 01:00 PM
    Saralayar,

    You are right.

    Cases Not Allowed for I-140 Premium Processing -

    1. EB1 (Extraordinary Ability and Multinational Executive or Transferee)

    2. EB2 (National Interest Waiver)

    HTH

    Shruthi07



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  • Lasantha
    12-14 02:17 PM
    I really don't see how removing the per country ceilings alone without increasing the anual quota will help the entire comminity. If you do that alone all it will do is make the date retrogressed for all the countries even further. So where's the gain?
    Getting the anual quota increased, not counting dependents in the quota and recapturing visas from passed years will help EVERYBODY.

    If people want to think that something petty as removing the per country quota is going to solve all our problms then all the best (and God bless us all) ! :cool:

    PS - Pardon me if this sounds harsh but this is how I see it.





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  • Macaca
    01-28 04:53 PM
    USCIS was trying to abolish this substitution. The lawyer lobby opposed it.


    How do lawyers benefit from it? Thanks.



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  • WeldonSprings
    10-28 10:55 PM
    Hello sachug22,

    I wanted your opinion on another critical item and this is on pending I-140 (all EBs). If, one looks at the newly created USCIS dashboard; it shows that there are 16000 outstanding I-140s with 4000 new per month. How could 4000 new I-140s be filed in August 2009. How will this affect the EB-2 India spillover?

    Can you please check the dashboard and throw some light on this. I am a little worried about this.

    Thanks,
    WeldonSprings.

    These are two scenarios one with and one without quarterly spillover. If the spillover is annually (second case) the dates will jump in july-sept 2010. If spillover is quarterly we will see jump each quarter (last month).





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  • immieb2
    01-14 07:26 AM
    Consulting companies are just the tip of the ice burg. They should really target infy, wipro, TCS like companies. They are the one truly exploiting the sytem to the fullest. They do not sponsor GC, do not pay the good salary or any benefit to the employee. I also dont see the share holders are rewared. God knows where all the profits are going. (which holes are getting filled)?

    I agree with you completely. I don't know what Infy and Wipro are doing with their money but TCS was filling Tata Motors and Tata Steel historically. Also buying companies like Land Rover and Jaguar while screwing their employees.

    Are they using TCS money to subsidize Tata Nano?





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  • syzygy
    02-12 10:31 PM
    This is only way to set things in order. Number of people stuck in retrogression today due to USCIS misdeeds is much larger than few years back when Rajiv Khanna lost the lawsuit. And old results shouldn't hold fresh efforts.





    snathan
    09-04 03:31 PM
    apt29.
    Image of india : what are you talking abt.

    I can tell you how corrupt indian govts are from my personal experience.

    If someone dies at ur home, to get the govt doctor come and give you clearance to take the body to burial it takes thousands of rupees. Police need no less either. Else your loved one will be waiting for those ***. If you have to claim ur loved ones insurance to take care of expenses during his death, offices play u around... They just want more money!!

    I see people changing faith to get free money... its not abt faith but division in our own people. We like foreign cars, foreign made netas, foreign faiths... foreign jobs... oh #!?***

    With this happening to you if you are worried abt ur countries outside image... I have nothing to say...

    For all who are unhappy with govt in india : why dont we start a political party of our own?

    I second your thoughts...do we have the muscle and money power to take on those gundas. If no, we can not do anything. If yes, you become another group of gundas...





    akred
    02-18 08:50 PM
    As per the facts first baby boomers will start collecting benefits in 2008 and by 2020 when most boomers are 60+ there will be 2.6 workers paying social security and medicare for every retiree versus 5 workers now

    Is there anybody looking at this angle for increasing GC cap/upper limit ??

    I find in this situation, Churchill's speech has a more dramatic impact.

    http://www.churchill-society-london.org.uk/LngHrdWr.html

    The peoples of the British Empire and of the United States number nearly two hundred millions ...
    have more wealth, more technical resources, and they make more steel, than the whole of the rest of the world put together.

    Substitute India and China for the British Empire and the United States, and reflect on how soon the 3 criteria will be met.



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  • shree772000
    09-04 01:38 PM
    May he rest in peace...





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  • Rohan99
    01-05 01:50 PM
    ^^^^^





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  • jonty_11
    02-12 02:11 PM
    man..I do not see any hope for India...EB2 esp.

    This sucks...we are in for along haul teh indians on this community...brace urselves.





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  • dealsnet
    09-03 05:45 PM
    I am from Kerala. not from AP.(studied in Bangalore and have friends from almost every state from India) I AM NOT A REDDY OR RAO.

    Some of my friends are from Bihar (CHILDREN OF MP'S, MLA) go home for elections and lead booth capturing. They shared their experience with me.

    CASTE POLITICS IS A THE RESON FOR ALL NEGATIVE COMMENTS.

    IN KERALA, CASTE POLITICS IS EXISTS (just pick a candidate for a constituency), BUT NOT IN THE RANGE OF OTHER INDIAN STATES. (ESPECIALLY NORTH INDIA)

    Let the people from AP, comment about him. If they give him second time, it is clear that majority like him. No doubt about it. If he is not good, why you people campaign against him by blogs for go to India and vote against him ???

    I DIDN'T SUPPORT ANY POLITICIANS. But have a sympathy for a dead person and other 5 people in the accident.
    This can happen to any one of us at any time. Do not rejoice in Tragedies.


    You claim that you dont know him and your only knowledge of him is through reading the news and yet you argue against those ruled by him. Did it ever occur to you that these people might know more things (that are not reported) than you do ?

    Welcome dealsnet reddy.



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  • sampath
    04-29 12:22 AM
    Can you anyone tell what the lines highlighted below in blue means ?

    ************************************************** ******

    RIN: 1205-AB42 Agenda Cycle: 200610

    Title: Labor Certification for the Permanent Employment of Aliens in the United States; Reducing the Incentives and Opportunities for Fraud and Abuse and Enhancing Program Integrity

    Abstract: The Department of Labor proposed changes to reduce the incentives and opportunities for fraud and abuse related to the permanent employment of aliens in the United States. Among other key changes, the Department is eliminating the current practice of allowing the substitution of alien beneficiaries on applications and approved labor certifications. DOL proposed to further reduce the likelihood of the submission of fraudulent applications for the permanent employment of aliens in the United States by proposing a 45-day deadline for employers to file approved permanent labor certifications in support of a petition with the Department of Homeland Security. The Final Rule expressly prohibits the sale, barter, or purchase of permanent labor certifications or applications, as well as related payments. The proposed rule also addresses enforcement mechanisms to protect program integrity, including debarment with appeal rights. These amendments would apply to employers using both the Application for Alien Employment Certification (Form ETA 750) or the Application for Permanent Employment Certification (Form ETA 9089).

    ************************************************** *******
    i got the above info from the OMB website below -

    http://www.reginfo.gov/public/do/eoViewRule?ruleID=269657





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  • justAnotherFile
    06-28 08:10 PM
    As per Macaca's logic, pre Oct 2005 PDs will take up all the numbers available for EB2 Indai for 2007, in June and July.

    If that is the case why was the Bulletin for july not set to Oct or Nov 2005 and instead made current. Surely USCIS does not want to deal with all the extra workload if it does not have to.



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  • royus77
    06-28 09:20 AM
    (Remember Visa numbers are allocated on visas used and not how amny people applied). Please share your thoughts. Thats my 2 pennies.


    Good point.





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  • onemoredesi
    05-15 08:38 PM
    Hello Friends and my fellow GC awaiters..
    I have my labor pending for the past 3 yrs (my PD is Aug 2003) and have been waiting for ever. Inspite having a Master's I did filee in EB3 just because I work for a large company which does not allow to file in EB2.

    Anyways, I came across a company who said that they have a pre approved labor (late 2002) priority date. Is it wise to go for it or wait for something in EB category to move ahead?. I have at least 1 yr 3 months on H1 and will not have any other options except to stay in the company after 3 months.
    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?
    Pls let me know your opinion.
    Thx a lot guys.

    Hope is a good thing, maybe the best of things. And no good thing ever dies
    1MoreDesi !



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  • srikondoji
    07-03 09:50 PM
    Under the section "Why does it hurt?

    Lawyers who charged upwards of $2000 for filing will not refund the service fee, so candidates have to pay again when dates become current in future.

    The biggest loss is the trust, coz, next time people will not believe these mid month bulletins at all as they can come around anytime and revise the dates. So, applicants will always have to live in fear untill they receive the receipt.


    I am trying an outline for sending to media + lawmakers + ...

    The following is a very rough draft without reading some of the letters posted in the thread. I will read the posts tomorrow and polish it by tomorrow evening. I will need everyone's input since I don't know all the issues.

    Introduction
    Retrogression in GC process.
    What happened

    USCIS announced at the time the forms were due.
    Applicants started filling forms 2-3 weeks before July 2.
    Applicants changed their schedules to submit forms.


    Advantages of EAD + AP
    Don't know all!

    Travel without visa -> saves Embassy overhead.
    Spouse can work.
    Can switch job.

    Why does it hurt

    Medical will not be valid after 1 year.
    Rejected June filers can not file.
    June filers did not file because they thought they will file in July.
    Fees more then doubling
    Name checking (which can take 1+ year) done in parallel with waiting for GC #.
    Load balancing for USCIS.
    USCIS which is supported 90% by application fee needs to care for applicants.
    Very little chance of legislative relief for a looong time.





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  • ragz4u
    02-06 02:07 PM
    I dont think that you HAVE TO file I-140 within 60 days after labor is approved.

    --logiclife.

    I had read when this was proposed last time that if this is implemented, the employer will have 45 days from the date of labor approval to file for the I-140. What this prevents is sale of labors (illegaly obviously). A lot of labors from 2001/2002 were on sale till sometime ago (2005) on Sulekha. If/When this law is implemented, buying a labor will get you ahead of the queue by a max of 45 days instead of the 3/4 years today.



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  • ita
    04-20 02:27 PM
    Guys,

    Unlike here in U.S people in India don't seem to be aware of what's going on around them.
    Please do whatever you can in educating whoever you think would understand you.
    Media is not doing the job of carrying news to people , increasing awareness of people.
    It's just serving certain elements .

    Here's Modi's appeal to NRIs

    http://www.youtube.com/watch?v=zvtTZ7B-2pM





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  • chi_shark
    09-23 12:17 PM
    they are still doing it.. as far as i know.. great rates too... the only complain i have with them is that they are SLOW.

    Has anybody really tried to get a mortgage recently? I have been denied by 8 lenders so far simply because I don't have a green card. Most lenders have tightened their underwriting guidelines. They will give mortgages only to U.S.Citizens or somebody who is a permanent resident aka having a green card. There are very very few lenders who will give mortgages to somebody on a visa and the rates may not be very favorable.



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  • ingegarcia
    10-09 04:17 PM
    I am another person of TN1 to GC.

    TN1 can change job. Only thing you have to travel to nearest boarder with Two page TN1 petition, job offer letter, canadian citizen certificate, and educational credentials (you can also file to NSC but it will take few months to get approve).

    TN1 has to be renew every years and it can be renew for indefinate time (not like 6 years for H1B).

    As far as I know one who holds TN visa cannot apply for Green Card. :)





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  • bondgoli007
    09-23 11:07 AM
    I Support this idea!!

    For the the ones who are skeptical, there are two simple things to consider.
    1. Other than 5882 (which is the most preferred) is there anything else out there to help improve the Green card process? ANYTHING? we all would love to hear it.
    2. Even if this idea will not work for you (already bought a house/can't buy one right now), if this does go through and reduces the backlog, is it not what you want ultimately?

    As usual you are welcome to your opinion but considering the two points above please refrain from negative opinions because that usually dissuades some IV members to come out and support action items.



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  • soljabhai
    12-13 10:43 AM
    Hello All,

    First and foremost, i must thank everyone from IV, who is working tirelessly to resolve the issues of retrogression in the GC process. As an affected individual I am very grateful that leaders of IV are ready to contribute so much effort for its goals. And even though I do not actively work for the IV agenda, I have contributed money to some IV action items.

    I have a question/suggestion regarding the IV agenda. On IV's about page, pt number 2 asserts amongst other things,
    The Discriminatory Per-Country Rationing of Green Cards That Exacerbates the Delays.

    and further in the same point

    We do not allow employers to discriminate hiring based on their nationality or country of origin. Therefore, the employment-based immigration, which is a derivative benefit of employment, should also be free from rationing based on nationality or country of birth.

    I am curious to know what is the "legal" strength of these assertions is. Are they just "moral" statements or can the validity of these statements be tested in the legal framework of this country? In other words, my question is what is the constitutionality of the "Per Country Caps" in Employment / Family Based Immrigration procedures.
    A lot of Laws and Statutes have been challenged in the Judicial System of USA. And many more are challenged every year. And if the laws are not constitutional then they can be repealed.

    I am sure the leaders of IV must have thought about this argument however a quick search of the forums with 'constitutionality' as the search term did not return any results.

    IV's efforts to utilize Lobbying to bring about change to alleviate/eliminate retrogression are certainly beneficial. However, if IV has not already considered and eliminated this legal argument, then it should explore whether there is any substance to this approach.

    Hence this post. Below are some of the links that might be relevant.

    wikipedia article on constitutionality (http://en.wikipedia.org/wiki/Constitutionality)
    wikipedia category on US immigration case law (http://en.wikipedia.org/wiki/Category:United_States_immigration_and_naturalizat ion_case_law)

    thanks and sincerely,

    --soljabhai





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  • swamy
    12-13 01:14 PM
    Here's the percentages of the top 10 populations of the world by nationality. How many of them are more than 7% ?

    China 20.0 %
    India 17.2 %
    United States 4.6 %
    Indonesia 3.4 %
    Brazil 2.8 %
    Pakistan 2.6 %
    Nigeria 2.5 %
    Russia 2.2 %
    Bangladesh 2.1 %
    Japan 2.0 %

    Based on this one can conclude that the 7% nationality rule is a veiled effort to limit Indian and Chinese immigrants specifically. Does this not amount to discrimination by nationality ? In addition we as legal immigrants are taxed without any representation. Taxation without representation was the reason the US was created in the first place.

    US history is full of examples where discrimination existed in one form or another and these discriminations were sucessfully challenged. A few examples are women's voting rights, minority voting rights and gerrymandering. These are good examples to study where the affected people had no legal voice to begin with.

    The civil rights movement is a recent example. There were existing laws that limited people from voting based on their literacy levels in the southern states. The literacy requirement for voting was really a thinly veiled attempt to limit voting rights of african americans for as long as possible. The civil rights movement was about changing these artificial laws to give voting rights to people who legally had no voice.
    http://www.usdoj.gov/crt/voting/intro/intro_c.htm

    You don't need to be a lawyer to speak up for your hardships as a law abiding resident. This country has tremendous protections for people living here which is what makes it great. We as an immigrant community need to build our awareness of US history and government if we expect things to change.

    I kind of agree. Sometimes laws are just thinly veiled attempts to discriminate and at other times they just didn't foresee it becoming discriminatory. Given the it was written by Sen. Kennedy, I doubt it was a deliberate attempt to choke Indians or anyother national. It was just a poorly thought out & unnecessary restriction. Even the ceiling was just to appease fearmongers. Given people wont be offered jobs if there aren't any, wheres the need for a ceiling if existing labor laws on bidding down wages are enforced(which are by the way). For two years in a row, H1 quota wasn't used precisely because of that. & if H1 is the first step, theres an even stronger argument for doing away with EB quotas- but given the current environment obviously fearmongers rule (so we're the one 'acquiescing' Lou). I think we should make the case but as Mark pointed out its costly and not the best strategy for us.



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  • smuggymba
    01-14 10:19 AM
    what the heck are you talking about. If there is any specific cases of abuse please contact the CIS and report those. Dont say "almost all" etc on this website. That might not be true and we dont want general statements like these to hurt the prospects of our members.

    I understand. But it's true. I have many friends and these body shoppers don't pay for their medical insurance and all of my friends have a tough time - even Kforce etc doesn't pay if you're a contractor directly hired by them. Infosys, TCS pays and provides all kinds of benefits for people on H1, I don't know what ppl are against companies that have good business practice.

    Deloitte, Accenture, IBM brings ppl from other countries on L1 - why balme Infosys, TCS.





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  • polapragada
    09-24 12:12 AM
    I like this idea. And will support it. ANd write the E-mail





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  • satishku_2000
    01-23 04:58 PM
    I appreciate that, I dont want IV to be dragged into any unnecessary controversy ..





    nixstor
    07-03 09:22 PM
    Will it be possible to get emergency legislation to capture unused EB numbers for the past several years????

    Is it possible to escape the radars of the likes of Durbin & Sanders?

    No, it will not be possible to escape the radars of Durbin, Grassley or Sanders. The key is to get support from people like Kennedy. I know it is very difficult because kennedy is very pissed off with the failure of CIR. Kennedy will only consider this, if this really becomes a full blown issue beyond a certain magnitude. Then we have people like Hagel, Lieberman, Cornyn, cantwell who supported bigger amendments than this. It is a matter of making this a bigger/biggest issue related with USCIS and immigration.





    okuzmin
    08-31 07:11 PM
    We applied for Canadian immigration through Buffalo, NY in December 2005. I got a letter later in February 2006 stating that the principal applicant (me) must take IELTS. Yes, I sent all the experience letters and a letter of explanation that I have enough English proficiency having stayed in the US for about 11 years, with two bachelor's degrees from a US university, many years of experience, blah-blah-blah. Apparently, that was not enough. So, you better plan on taking IELTS. :)



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  • lotsofspace
    12-14 03:44 PM
    The American political system is stands on three pillars; Judiciary, Legislative (Congress), and Executive (President). They have checks and balance on each others. Congress enact bills, president can veto or pass it. Supreme Court is evaluating this passed bill whether it violate the constitute? If it violate the constitute, Supreme Court can be overruled that bill at any time (even if it was passed by Congress and the President).

    Constitute says Non-discrimination based on race, sex, country of origin etc. If some one prove in supreme court that per-country quota for Employment based and Family based immigration is violating the constitutional right, Supreme court can overrule this law of per-country quota. It is worth to take advise of expert attorney.

    This is my 2 cents !!

    BTW , Where is the fourth pillar? :)





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  • unitednations
    02-18 05:19 PM
    You are theorizing based on circumstantial evidence, but the history and origin of the country quota does not support your conclusion. The fact that the DOL and UCCIS would not be able to keep abreast of illegal behavior is not something that would have been known at the time the country quota was introduced.

    The other issue with your theory is that the abuse you are referring has its roots in the fact that the employer controls the green card process not the country quota. If I really want to abuse the country quota I would change my name and get a fake SSN / green card and wait for the periodic legalization initiatives or even simpler, get a birth certificate from the right country.


    Brother; I am also an immigrant. At high levels; I think there should be no quota on employment base.

    The purpose of EB is supposed to be to match an employer with a foreign worker because there is no willing and able American to do the job. Either a company needs a foreigner or they don't. They can't wait for years upon years because of a quota system. I look at sports as an example. In sports there is no quota that only a certain amount of foreigners can play baseball, football, etc. However, other sports leagues around the world (canadian football, european hockey, japanese baseball) have an import quota. However, the best sports leagues are right here in American because they want the best players. American soccer hasn't taken off because the best players aren't here; they are in europe.

    Any reasonable American, politician would agree that if an american can't be found then they should be able to hire the foreigner with the least amount of interruption in their business. At high level and without any prejudice people would come to this conclusion.

    However; we need to understand why is there a quota first of all; and then second why is there a country quota. I've almost come to the conclusion that EB immigration is just an accomodation to get a certain number of people into USA. If it truly was to attract the best/brightest then immigration would be much different. It looks like the answer is easy in my mind; no quota of any sort.

    When talking to politicians, newspapers; maybe one would lose credibility when they would say there shouldn't be a quota. However, how do you come up with a quota of 300,000 verus 200,000 or 500,000. I don't know how one would talk to a politician and tell them to increase the quota and then come up with a number and then explain why it should be that number. A company either needs you or they don't; plain and simple.

    I talk to a lot of people and a lot of different attornies and get involved in all sorts of discussions. There is a thread today asking that a person has gotten greencard but is married to a lady in India. She has a three year B.Sc and 3 years of experience and they want to know if she can come here on H-1b. Reason why this is being asked is because if the greencard holder sponsors her then it will take five years. So what is the easy way; bring her here on H-1b and then go the employment route. I can't even begin to tell you how many times this situation has come up off-line where a person got greencard real fast but never thought of the marriage angle and then they try to go this route.





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  • qasleuth
    05-28 11:55 PM
    [B]
    Mr. Oppenheim estimated that there are currently 25,000 EB2 and EB3 cases from Indian nationals that have been reviewed and are only waiting for visa numbers for final processing.

    Help me understand here: when pre-adjudicating applications, either you pre-approve, if not satisfied issue RFE or deny. Why would only 25,000 applications have been pre-adjudicated ? NSC processing timeframe being Aug 27, 2007 and TSC Aug 8, 2007, shouldn't the 25,000 number be much higher when compared to the total of 120,000 applications chargeable to India?





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  • logiclife
    02-06 01:57 PM
    I dont think that you HAVE TO file I-140 within 60 days after labor is approved.

    --logiclife.



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  • amoljak
    05-10 04:52 PM
    I partly agree with you. But Employer petition is not the right answer to points based system. A fair way would be to keep employer based system of H1B (with portability) as an entry point in the country and criteria to stay. But allow self petition after say X years (4 maybe) of continuous employment at wages higher than prevailing wages and in your area of expertise. In that case Labor cert can also be eliminated because if you have continuous employment for 4 years, the business definitely needs you.

    So the process can be:
    May 2006: Come here on H1B
    May 2006 - May 2010: Work at wages greater than prevailing wage may be 10% higher
    June 2010 - Submit your W2s, paystubs, Tax returns, Application for Green card
    July 2010 - Get green card and enjoy :)





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  • ivar
    08-16 01:44 AM
    [QUOTE=Mr. Brown;689396]While proponents would mask this whole backlog issue as something purposefully done by the "system" I don't buy it. It is a proven disaster.

    --- Deleted ----



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  • Snakes on a Plane (Seriously). Source: metro.co.uk



  • snathan
    05-01 04:10 PM
    When did Srilankan Tamilians become Indian citizens??? also India should make sure that terrorists organisation like LTTE is wiped out from the face of earth weather its in Srilanka, Afganistan or Pakistan... gone are the days when these thugs where called 'freedom fighters' .. they are a terrorist organisation and should be treated in that manner.

    Tomorrow if we or our generations are getting killed in the US, would you say the same thing. Now do you understand why the country needs to care about its people no matter where they are.





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  • bitu72
    10-18 02:18 PM
    i have sent my application last friday.

    Any idea how many months its taking nowaday for complete process - whatever it is its much better than what we have here.

    i see lot of people with PR.can you guys post some of you thoughts and experience regarding jobs in canada. are u guys getting any offere while staying here.



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  • newuser
    09-04 01:06 PM
    I just saw within Half an hour my rating points went down from 3000 to just 500...

    Who esle have the time on earth to keep reducing my points apart from the person who has previledge to do it...

    This is a classic example of how ones power can be misused to prove their point and politics and corruption at its best. Preach something and do something else....

    Never walk the Talk...

    Hats off to you Mr. Chandu.....

    Its because there are mute spectators who are giving greens or red based on what they think is right

    I don't believe CHANDUV23 & _Truefacts are the same





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  • tapukakababa
    08-11 09:04 AM
    Please help what's the next step?

    My Case info in chronological order:
    PD: June 2006
    I-140 applied: September 2006
    EAD and I-485 applied: July 2007
    EAD received: September 2007
    I-140 RFE: October 2007
    I-140 RFE Replied: October 2007
    I-140 Denied: January 2008
    I-485 Denied: January 2008
    MTR filed: February 2008 (status not known)
    EAD renewal filed: June 2008
    H1B renewal filed: July 2008 "1st H1B expiring: October 2008"
    EAD renewal Denied: August 2008

    Working on H1B right now, still have 3 more yrs.



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  • desi3933
    07-27 12:20 PM
    Nope that's not correct. You file your business earnings through 1099 and not W2. It has nothing to do with H1-B. Good luck.

    1099 or W2, it does not matter.

    On H-1B status, one can not run business. PERIOD. Check with US CIS for yourself.

    One more thing, Passive Investment is not same as Running a Business. Passive Investment is allowed on H-1/H-4 and other non-immigrant visa status.


    ____________________
    Not a legal advice.
    US citizen of Indian origin





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  • surya.kant
    05-30 09:22 AM
    Mr. Oppenheim stated that, due to the dramatic increase in employment-based filings, visa cutoff dates for FY2010 will be much more limited to ensure that there will be a steady supply of visa numbers available throughout the year. This will lead to earlier cutoff dates and may help prevent visa categories from becoming unavailable.


    This is the key for VB in coming months. The cut-offs will move slowly and that would mean FIFO for approvals.

    Recapturing unused visa is the only way to reduce the gap between visa supply and demand.



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  • jsb
    06-03 04:24 PM
    All that is too complicated and it shows nothing except that USCIS is incompetent.

    But if we can prove that Country Quotas are discrimination and unconstitutional, that would be better and simpler. Supposedly the constitution says something like - "establish a uniform rule of naturalization" - and what is happening now is by no stretch of the imagination "uniform" and it definitely is discrimination and it goes against equal opportunity - http://en.wikipedia.org/wiki/Equal_Opportunity_Employment - which includes equal opportunity based on national origin.

    Laws you quoted are for US residents, not for those wanting to be US residents. Country quota, I believe, is more sensitive and difficult to change. Of course, it is not working for the original intent to not have people from a few countries making US as their home.

    Work-arounds, we are so familiar with such as AOS, EAD, H1B beyond 6 yrs, etc., are easier to get in. For the current situation, simple work-around could be to adjudicate a case when all is good except the visa number, and send an interim GC card until visa number is available. When visa number is available, interim card could be replaced with a permanent card. In a nutshell, replace EAD/AP with an interim permanent resident card, and replace it with a permanent card when visa number is available.





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  • gman
    08-03 09:21 PM
    I am EB3-ROW with PD of Feb 2006. My I-140 (filed as systems analyst) is approved and I filed my I4285 in Aug 16, 2007 (RD). I have approved EAD and AP good until Nov 21, 2008. I have been offered a job as Director of Software Development at another company in the same state. Because my I-485 has been pending for over 180 days I'm assuming I should be able to take the job under AC21. The new job seems a natural progression to my career (a promotion of course) but the USCIS has not issued definite guidelines on how to define a "similar" job. What's your advice on this? Should I take the job?

    Thanks,



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  • ramus
    07-03 05:16 PM
    http://digg.com/politics/No_July_4th_Celebrations_for_Highly_Skilled_Future _Americans/who





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  • u.misc
    01-25 02:46 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.

    AILA should. I heard a lots of para legal staffs are already lost their jobs. Because there were less H1, and GC filings. Actually there is a huge economy based on immigration. If USCIS just changes the rules as they want that would affect lots of US citizens not just few immigrants.

    Lets see which businesses/people are making money out of immigration related activities.
    1) Attorney
    2) Paralegal staff
    3) Shipping guys (usps, fedex, etc)
    4) Airlines (because immigrant workers has to visit their home country periodically)
    5) Consulate
    6) USCIS
    7) Contractors in USCIS
    8) Port of Entry/customs staffs
    9) Notaries
    10) Doctors/hospitals for getting medical clearance for 485, etc
    11) Passport photo shops
    12) Airport staffs
    13) ....



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  • sparklinks
    09-14 07:14 PM
    Hello and Thanks for the Services... My question is.... My wife got H1 until 2010(Visa on PP too) but she is working for different Employer on EAD. Now she wants to travel to India and come back on H1, is this possible? We applied of AP, but I don't think so it will come before Nov 15th.. please advice. Thanks !!





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  • jhaalaa
    01-13 05:19 PM
    IV Core and Administrators

    1. AOS applicants using EAD are presently unaffected (if they do not have H1) by this memo. Could you please inquire from USCIS contacts, in case more similar "guidelines" are being planned for folks using EADs?

    2. Also is something more being planned/announced for AC21's "same or similar" criteria? A while back we had a thread collecting evidences and suggestions from the IV members about its interpretation. Please help provide a status update about the meetings with USCIS, IV core group discussions and plans, etc.

    Thanks for all your efforts.

    Best Wishes for all.





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  • hiralal
    06-15 09:36 PM
    Just hang on to your jobs or find a job if you loose one. You will get your GC. GC shouldn't stop you from pursuing your interests buying house or starting a business, there are always ways to do it.
    I am guessing that your intention is good but the advice is BAD (to put it mildly).
    Find a new job if you are on H1 / or even EAD -- first try the same and then let us know.
    regarding buying house - if you are welder from Korea - sure go ahead even if you PD is 2006. if from China / India -- just forget it for the time being ... it will add too much stress in your life ..better have the money in liquid form. it is good to be optimistic but you need to be a realist first ..as others have said, if they cannot print a plastic green card for you then it is foolish for you to invest your hard earned money in real estate





    mallu
    02-16 01:50 AM
    ......

    When a category becomes "Unavailable" it means that the entire annual supply for that category has been used up for that fiscal year (which ends Sept 2008). Given the degree of the EB-3 ROW retrogression, I very very much doubt there will be ANY spillover from ROW to India. At present, DOS plans to move EB-2 India only if EB-1 India has excess visas. The quota for for EB-1 India is 2803 (including dependents) in any fiscal year. So let us consider some scenarios -- say half the EB-1 India are available, so 1401 are given to EB-2 India -- do I think there are 1401 EB-2 India applicants with dependents ahead of me -- average family size of 2.2 means approx 636 applicants? Yep! No doubt about it! Hell I'm sure that there are 2803 EB-2 India applicants ahead of me.

    ....

    Suppose the admin fix to recapture 'lost' visas is a success. How many will India Eb2 get out of that ? May be 5000 ?
    One really needs to know the number of India Eb2 applicants pending in each year ( of PD ) . If it iturns out , say , there are 25000 I-485 applications with PD up to year 2002, then ?!
    Will a USCIS customer service rep be able to help us with this question :
    "Sir/Madam how many India EB2 applicants are waiting , with PD earlier than mine ? " .





    blueyonder
    05-02 09:02 PM
    Dude Newtoearth,

    Who are you actually .... you are waging a battle here ... have you guys not waged enough battle in SL and on the internet. Stop it pls .....

    You are again proving the point the SL govt is trying to prove. Quit it man ... we all know that there is a Govt sponsored propaganda group trying to post and fight in every forum .. I seriously doubt you are one of them ... with a proxy ID for IV.

    Stop it now man ... SL have spilt enough blood ... your posts suggest that the thirst for blood never ends ... either it be Sinhalese or Tamil.