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  • mirage
    02-06 03:32 PM
    There can be several ways to deal with this and still get least opposition, I sent you a PM...That's absolutely true. Immigration quotas were originally designed to keep people out, which meant if you were a white, Western European come on in. If you were not, you need not apply. The per country limit was instituted to redress this issue and assure diversity in the immigration process. Eliminating the per country limit would require a massive paradigm shift, that in the end would only be more harmful to those groups who perceive a short term benefits.





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  • lotsofspace
    02-14 12:38 AM
    Dear friends,

    I am appalled and disgusted by the mudslinging going on between ROW and India-born applicants. If any of you remember your history lessons from high school, the English used this exact policy of "Divide and Rule" to keep control over their colonies.

    For example, in India, they would go into Moslem dominated cities, discriminate against them for jobs, and put Hindus in more prestigious positions, and vice-versa. They did this after the first war for independence in 1857 where Hindus, Moslems, rich and poor fought to overthrow the British occupation.

    The very same policy is used by the U.S. government to control their population:

    1) Per country quotas in EB immigration cause infighting

    2) Infighting causes immigrant activists like IV to lose focus and weaken the agenda

    3) Infighting results in racism between ROW, India, and China, which causes Americans to watch the circus, shake their heads and lobby for more immigration control

    4) Poor regulation in the H1B program cause Americans to lose their jobs and blame the Indians and Chinese

    ...and the elite sit back, sip their martinis, and watch the fun.

    So you have two choices before you:
    1) Keep fighting, achieve none of the 3 main IV objectives, and continue your bonded slavery or
    2) Unite as one to achieve all 3 objectives, and throw off your shackles

    Remember, "Injustice Anywhere is a Threat to Justice Everywhere" - Martin Luther King

    Wow , Talk about conspiracy theories. :)

    Just relax. we are fighting here because we all know nothing positive is going to happen for a while and dying to find some thing to post :):)

    Just the compulsion to visit this site and post...........

    I am sure ROW don't hate ICMP folks and vice versa. we are all together in the fight (If I may call it). We can argue all day long and that quota is not being removed any time soon. So all of you guys relax. And certainly no conspiracy theories.





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  • realizeit
    10-17 03:25 PM
    This is a very important effort, I guess.

    I believe, this will help all of us to understand where we all stand. I will try to send this request as soon as possible.





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  • desi3933
    03-10 02:28 PM
    >> Once they reached last quarter then they will make EB2-I/C current and distribute those spill-over visas across EB.

    Would you mind explaining two "they" here? Whom you are referring to?
    Hint: This is a trap question.


    Since you chose to not to answer my question, I assume you have no idea what you are talking about.

    Please ignore MDix.



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  • kumar1
    12-15 11:01 AM
    gcisadawg,
    Very well said. What you said, also gives strength to my point. We are self proclaimed "highly skilled" workers. We shouldn't have been trained, we shouldn't have been air lifted by desi consultants. We shouldn't have been sold for short/long term projects after coming to the US.

    Actually, during 1999-2000 year, when I was about to graduate from IIT, yes, my class mates used to receive calls from Microsoft based in Seattle and Phillips based in Holland. Those companies paid final year graduating students (with good track record), a return trip to Seattle for interview. That was the real demand! And mind you, those students were very talented. They already had secured 100% aid from excellent US universities. So, it was a scenario of good company taking interest in excellent students and then filing for H1-B and subsequently green card. Can you imagine, Microsoft getting a RFE from USCIS to show "ability to pay"! We have so many people yelling on these forums because companies do not have the ability to pay to these "highly skilled workers".

    I can go on and on.....

    I do not agree with anyone who claims that we are really "required" here. We are fighting to survive here and we are fighting to get Green Cards. We have 50 million hate groups in the US that do not like us at all. It is a tough road ahead !





    kumar1,

    I agree to most of the points you wrote. I believe there is one thing that you missed.

    H1B is a dual intent visa that allows a foreigner to work in US and also apply for permanent residency. It was originally intended for American companies to hire people from abroad. But how many American companies hire people directly from abroad? Even if there is some, it would be very very minimal.

    Body shoppers are the one who take on the difficult task of interviewing/recruiting/sponsoring/air-lifting the foreigner to USA in addition to preparing the candidate to withstand the rigors of a visa interview.
    They give initial accommodation (agreed, a 1BR aptmnt cramped with many ppl), pay on bench ( accepted, not all), place the candidate on a project and get the foreigner US work/cultural experience. After they go through the whole nine yards, these American companies jump in and poach these H1Bs.

    Take the body shoppers and glorified body shoppers like TCS, wipro, infy etc out of the equation and you would have sheer wastage of H1B numbers since the American companies will not go abroad to recruit someone who is unfamiliar with US work culture.

    That is why congress came up with 20K quota for master degree holders who can be recruited directly by US corporations. In my opinion, US corporations should not complain at all since they were never interested in upholding the true spirit of H1B by recruiting people from abroad directly.

    -gcisadawg





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  • Legal
    07-13 11:03 AM
    srkamath
    1. Pull out cases based on PD, review then approve/deny/RFE

    Mnay July 07 filers have reported LUDs and RFE on their 485 this past year when their priority dates were not current. This means all the files that were received in or before July 27th 2007 at NSC have already been reviewed.



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  • senthil1
    12-26 07:21 PM
    If old employer revokes I140 then the result will be unpredictable. But it is upto INS to decide. Only those who had similar experience can tell clearly about this. Or a Lawyer can give better idea

    Thanks for the reply, if old employer revokes I-140 while the other employer is still working on LC+I-140, Will this creates any problem for me?

    -Thanks,





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  • sc3
    10-17 01:44 PM
    Question 18 should be helpful to your situation with RD.

    http://www.uscis.gov/files/nativedocuments/cbo_30sept08.pdf



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  • yabadaba
    09-10 04:02 PM
    Letter for Intl Student Associations

    Dear International Student Friend:

    You have put yourself through a lot over the past few years: traveled to a new country, put yourself through school, worked long hours in the lab, took on multiple on-campus jobs and loans, so that you could make a better life for yourself. Now, you are getting ready to graduate and join other high-skilled people like you who make this country one of the leaders when it comes to innovation and technological breakthroughs. We are proud of your accomplishments and look forward to welcoming you in the real world as your friends and colleagues.

    However, we wanted to make you aware of a grim reality that you will surely face in the coming months. Immigrant visas (commonly referred to as ‘Green Cards’) are currently severely backlogged across multiple categories and countries. You might be vaguely aware of this and may have heard rumors, but the truth of the matter is that most likely you will have to face years of waiting for an immigrant visa to be approved. This in turn will restrict your growth within an organization and at the same time prevent you from reaching your true potential. Even if you are finishing up your course of study from the topmost university in your field, it is more than likely that you will be impacted by the current immigration backlog. We write this letter because thousands of our members are in exactly the same place. We write this because we are in process of developing one of the most comprehensive grassroots organizations dedicated
    to helping skilled immigrants achieve their American dream and at the same time help in keeping this country competitive in the global markets.

    Our organization cuts across nationalities, job categories and pay scales. Even if you are finishing up your MBA from Harvard, it is likely that you will be impacted by the current immigration backlog. We are completely committed to
    securing a more transparent, predictable and fair immigration system. We ask you to visit our website at http://www.immigrationvoice.org and attend a rally on September 18th at Washington DC. We are running buses from your city to DC. All you need to do is visit the Immigration Voice website and sign up for where you are coming from.


    Regards,

    Your friends at
    Immigration Voice





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  • MDix
    02-08 03:42 PM
    There is always chance of waste of visas, but i guess CIS is doing ok job from last two years.



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  • gc28262
    06-11 01:28 PM
    If you really believe that this bogus bill will become a Law, then also see the real picture, that is why I posted the other Ifs.

    This Bill is titled as "Employ America Act". By having the GC, you are not an American. If you do not know the rule here it is, GC is a "Privilege", and it is not a "Right". So if this Bill passes all these people with alerady having GC will also need to pack their Bags and Go. That is the reality, dude.

    So again and again do not fall over it. If you respond to this Bill, and Vote "No" against it, you are trying to send wrong messages to the originators of the bill, that we are scared. Why you guys are making everyone scared, when there is nothing to be scared about.

    Please fill in your profile !





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  • prioritydate
    12-20 04:30 PM
    Your PD is Dec, 2004. Why you think you'll get RFE for not working during 2001?

    I am not sure about that. So, are you saying that they don't care what my status was before applying my GC?



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  • kunkie
    07-23 08:24 AM
    Hi,
    You can surely do so, and that too at your own convenience, that is until you get the project with your second employer you need not bother with leaving the first job. H1 Visa does not come in effect until you move to other employer's payroll.

    What I write.. I know for a fact, you may still want to check for any latest changes with attorney or some one in legal world.

    Regards,
    kunkie





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  • jkays94
    07-10 02:39 AM
    It seems several persons are already discrediting the lawsuit and from the comments I have seen, it is apparent that some have not read the entire complaint.

    In order to understand how a civil lawsuit works one needs to understand that in a complaint, one makes no legal arguments, does not cite case or precedent law but only cites the simple facts. The other side can respond to the complaint and deny or accept the allegations in part or in whole. Many cases do not go to trial, they end up in settlements or are decided through summary judgement (http://en.wikipedia.org/wiki/Summary_judgment) (for the plaintiff or the defendants) if the case has undisputable matters of facts and one of the parties petitions for it. Several processes also take place ie Discovery long before an actual trial. I recommend reading the following wikipedia entry to familiarize one at a high level with the processes and rules involved:

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

    To get to the core legal arguments behind the case, one needs to read the counts (they are only stated and not argued/expounded on starting pg 13). Namely those are:

    COUNT I: VIOLATION OF THE FIFTH AMENDMENT (http://en.wikipedia.org/wiki/Fifth_Amendment_to_the_United_States_Constitution) (constitutional rights issue)
    COUNT II: VIOLATION OF THE ADMINISTRATIVE PROCEDURES ACT (http://en.wikipedia.org/wiki/Administrative_Procedures_Act)
    COUNT III: DECLARATORY JUDGMENT ACT (http://www.justice.gov/usao/eousa/foia_reading_room/usam/title4/civ00036.htm)
    COUNT IV: EQUAL ACCESS TO JUSTICE ACT (http://www.hhs.gov/dab/guidelines/eaja.html)
    COUNT V: PROMISSORY ESTOPPEL (http://en.wikipedia.org/wiki/Promissory_estoppel#Promissory_estoppel)

    There are several laws cited above, its thus puzzling to see requests for one to cite the laws USCIS/DOS is accused of violating when its all there in the lawsuit. The plaintiff has the burden of proving the counts they have stated at the appropriate time and not in the complaint. One does not play all their cards in the initial complaint.

    Even more puzzling is the persistent fear that there would be retributory action from USCIS. Judges do not take kindly to such behavior and USCIS would have no chance defending itself on charges of retaliatory actions.



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  • srkamath
    07-03 10:18 PM
    Country-wise caps are clearly not a sensible way to retain the best talent in the world in the US. The purpose of the EB visa program is to get the best contributors to the US economy mostly when and where Americans are not available. The EB immigration system is not a socialist entitlement program for prospective immigrants from China, India or the ROW. The program must be fair to the US, fairness (or lack thereof) to all qualified prospective immigrants is a consequence not the intent of the law.

    The sad truth is that, no matter how sensible that argument is - a large section of people will not understand that or will choose to distort it out of fears such as losing their perceived entitlement - simply put many will simply refuse to buy it. Therefore, if we wish to pursue this issue we need a middle ground proposal.

    Here's an amendment that strikes middle ground ......

    For a given year, to estimate the demand, first calculate from the last three years data, the average number (percentage) of visas charged to each country under EB1, 2 & 3. For any country that was charged more than an average of 7% of the visas in the last three years, limit the visa allocation in the first quarter to 7%. In the second and third quarters, limit the allocation to the actual average percentage for the last three years. In the last quarter, remove all such country-wise limits to ensure maximum usage.

    I'm no legislative expert, but after reading the text of the law at http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=cb90c19a50729fb47fb0686648558 dbe (chapter 1 - Selection System) , it is my understanding that the law already permits something very close what i have proposed. It is up to the executive branch to change their policy here - this seems like a classic case for an Executive Order.
    Any thoughts / comments?





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  • hpandey
    03-12 12:14 PM
    Dude,

    Don't embarrass yourself with your IQ, you have only 25 some of posts, I have been here long enough and understand IV more than you. Please keep your smartness to yourself.
    point at consistency, ? If you don't have one then shuv it up. I have been urging IV for a long time to do something big, anyone who has that question can go in history Forums, and read.




    Thank you,

    You don't understand IV or else you would not say SHAME on YOU to IV. What can IV do without money and no support from people. IV does a lot of meetings with govt departments and Washington. At least someone is aware of our problems.

    I have seen a number of times IV core requesting people to come forward to give their stories for articles in prominent newspapers who contact IV to put our point of view forward. Even for that except 1 or 2 no one else comes forward.

    We pay thousands of dollars to lawyers , USCIS etc etc and still we haven't got a GC and you have paid zero to IV and expect IV to get you a GC . Isn't that some twisted logic.

    I think you should demand your LAWYER and USCIS to give you the GC since you have paid them thousands . IV doesn't owe you anything at all especially Pappu who is the public face of IV on this forum and puts in so much of his time.



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  • virald
    07-24 12:05 PM
    Virald,
    What makes you start another stupid thread?
    There are gazillion threads that discussed this issue at length. Already people have discussed this and are planning their plan B and for your kind information, Greg didnot say that all July 2 applications will be rejected.

    Don't try to scare people and then try to back it up by saying "I am trying to figure that out too"

    srikondoji

    I am not trying to scare anyone. For you the thread might be stupid, not for me. Please keep your negative remarks to yourself. Just the fact that people are discussing in this thread invalidate your kind of comments.

    Also, my assumption was people come here to discuss issues, when they have doubts. No one is a lawyer here, certainly not me, hence my statement. If you are so scared please do not visit this thread.

    Peace.





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  • bayarea07
    08-06 07:46 PM
    Read Post above yours and you will have the answer.

    Hello Gurus.

    My wife's and my I-485 status changed to 'Card Production' . PD Jan 2006.

    My wife is in India and scheduled to return on 25th of August on Valid AP. My question is if my can still use to AP to enter USA ?

    Appreciate your inputs.

    Thanks
    Mo





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  • eb3_nepa
    07-02 09:38 AM
    YOU PEOPLE understand first what i kept in the reply. I did not blame IV for doing other efforts..I am talking about facts about USCIS..So dont make fool us or yourself as IV or any other organization will not be able to attack USCIS..Bcoz USCIS is monarch..


    I have to agree with Bheemi. I fully support IV, but even IV has its limits and NOONE can fight the USCIS. AILA/AILF can TRYYY and that is all that they can do.





    fcres
    07-24 05:11 PM
    Should the EVL be the same as the one for labor? Even if the salary has changed now?





    rajuram
    11-10 10:34 PM
    We have no more excuses now.

    1. Elections are over. So all arguments like "wait till the elections are over" do not apply.

    2. We have a pro immigration president now.

    3. Democrats are incharge of the house and the senate.

    This is a good time to act. What is IV waiting for...

    Ofcourse economy will grab the headlines, but it does not mean nothing else can be done. Do something before democrats start worrying about 2010 elections. Time to highlight that immigrants can help by buying houses (NPR had devoted some time to it recently, so they are aware, we just need to give it more publicity)



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