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  • Dakota Newfie
    12-14 04:06 PM
    I know what I am about to say will trigger a lot of reaction and some resentment, but it has to be said on behalf of those who are not Indian. I think the per country limit is to ensure that people of all nationalities and races have an equal opportunity to obtain a green card and to ensure that no one nationality, group, or even sector (i.e. IT) monopolizes the so few visas that are available. In fact, in the visa lottery, countries become excluded when the number of immigrants from them reach a certain point, so we are lucky they do not do that in the Employment-based system!

    I think that by wanting to remove the per country limit so more Indians can avail of the green card quota is both asking for "special treatment" and a slap in the face for all the non-Indian IV members. The more I read the threads on this site, the more I feel that this organization is geared just to one ethnic group. I am sure that Indians probably make up the majority of members, but the founders of IV (I hope) did not want this organization to become one-sided! Please be considerate of ALL members and try to come up with suggestions that would benefit ALL members!!!:mad:





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  • amoljak
    10-24 08:55 AM
    Thanks for the reply Amoljak,

    Now if you can please remove all the sarcasm and explain this in more detail in laymen's terms, it would really help me. I mean how is it that atleast 10 members on this site have mentioned people selling and buying LCs LEGALLY! Were they bluffing or are we reading into the law wrongly?

    Thanks

    Lets say you have a company. You apply for some-one's labor. The labor is approved. Then the guy leaves. So you have one approved labor. You can then ask me to give you a "gift" of lets say $30,000 and in due course you will employ me in that position. Technically this is illegal, just like it is to take campaign contributions to vote in a certain way...But in practice it is hard to establish quid pro quo in these cases. More so when the person is willingly paying the money and is not willing to turn on the seller. So people who say you can buy LCs legally are WRONG.





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  • vidyakulkarni
    06-28 07:21 PM
    I got very stable news that only July 485 applications will get approved





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  • ramus
    06-28 09:03 PM
    totally agree with you.. But just feel bad that we follow all rules and somebody comes and just try to screw us..

    You are right.. there are tons of things important in life then this GC.



    Its not about $500.
    USCIS and the US government can ask for more money. And we will happily give it to them.

    Its about the stability that filing for AOS offers.

    But keep in mind, you weren't able to file for AOS in June.
    So maybe, we won't be able to file for AOS in July either. But thats about it. Life will go on.


    So it would be best for us to stop torturing our brains.

    There is not much we can do about anything. USCIS can choose to reject ALL applications received in July. AILA will issue a freaking statement. We will shed a few tears and call USCIS names.



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  • msp1976
    02-14 06:55 PM
    On the USCIS site there is a statistics section and there are many xls files there that you can refer to....





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  • logiclife
    02-15 07:03 PM
    A couple of points. Firstly it's usually a good idea when quoting wikipedia to include the primary reference that the quote or opinion is based on. A contentious issue like immigration reform produces lots of opinion but not all of it is based on fact. Secondly, there are shocking racial elements in the history of immigration laws in the US. Perhaps it's not that shocking when one considers the racial history of the country. Many people will be familiar with the supreme court case 1923 of Bhagat Singh Thind, a Sikh man who fought for the US in World War I. http://en.wikipedia.org/wiki/United_States_v._Bhagat_Singh_Thind
    The immigration laws at the time said that only Caucasians could become US citizens. The framers of the law assumed that Caucasian meant "white" while Singh Thind relied on science to prove that people of South Asian origin were also Caucasian. He lost the case with one judge stating "the average man knows perfectly well that there are unmistakable and profound differences".

    My point is that the immigration laws of the United States were racist until the 1952 INA act. They specifically placed quotas on people based on the color of their skin. Today's restrictions, while bizarre, unreasonable and unfair in many ways, cannot be defined as racist.

    In 1917, this Sikh man, for immigration, went to the Supreme court to fight his battle.

    And today, some of our members, when they call us, block their caller ID. God knows what they are afraid of. But certainly not the kind of person who would go as far as Thind went.

    If Thind had been fighting today for USA in Iraq, he would have gotten greencard and citizenship. If he made it alive back. There is a program where non-citizens can enlist in the millitary and become citizens.



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  • hopfully_gc
    07-24 02:23 PM
    question for lawyer.
    please find my details and dates as per below. my questions are as below.
    thank you

    First H1b approval Date:08/28/2001
    First H1b Stamp: 12/04/2001

    first H1 transfer:notice date: 05/16/2002
    first H1 Transfer approval date:09/25/2002
    second H1 Transfer Notice Date:03/20/2004
    Second H1 Transfer Approval Date: 09/10/2004
    First Permanant Labor Apply date: 02/28/2005
    H1 Extention on second H1 transfer:04/01/2007 to 03/31/2010

    Filled I-140 in March 2005 after Labor approval from backlog centre.
    filled I-485 in July 2007.
    Got RFE on Ability to Pay in sep 2007
    Filled Motion to reopen which got denied.
    Another Company filled Labor in March 2008.
    Labor got approved in May 2008.
    Filling I-140 in primium ?????


    question:
    H1 expiring in March 2010. will my H1b get extended based on the new Labor even if the labor was filled after the six years limit?
    do you think filling I-140 in primium will help in this situation?
    Does the out come of I-140 affect any other new application from another or same employer?





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  • Ramba
    06-28 06:05 PM
    All you guys forgetting main thing. Visa bulliton is not a law. It advises consular posts and USCIS to accept and approve 485s and schulde interviews in consular posts to issue IV. It is just a advisary notice to other federal agency by DOS. It is not a binding document.

    The law is "an immigrant visa should immediatly available at the time of filing AOS application" . If visas number is not available on 3rd july, DOS has a right, under the federal law, to advise USCIS and consular posts to stop accepting and approving any applications and stop issuing IV at consular posts on any date.

    If you need more evidence, browse the adjudicator field manual for 485. It says "unless any interm notice issued by DOS, visa number is available to all in entire month". Therefore the key is "unless any interm notice issued by DOS". If DOS issues notice to USCIS on June 3rd, USCIS has to stop accepting any 485.



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  • unseenguy
    04-01 04:21 AM
    One might ignore land-scams of Naidu and support him. One might ignore fodder scams of lalu and support him. One might ignore the bribery cases on tape of vajpayee's office and support him. Because they have positive changes to their credit. But how does one convince oneself to support the so called human standing on dead bodies waving a flag of development.

    Dude we are considered the cream of the crop who think clearly. How can we hand over the reigns of future of our sons and the well being of our daughters to a person who supported the rape and murder to young girls and destroyed livelihoods of thousands.

    Imagine our christian friends trying to convince the jewish friends that they support Hitler because he is development pushing leader who is also church going, non smoking and that they do not support the side which actually supports rape, incarceration and murder of thousands who scrap out their living in the country. There is nothing like supporting half a person. You either support all his deeds or you dont.

    Let me ask you this. I am a Brahmin and should I hand over future of my children to any other party than BJP? What should I read out of reservations for OBCs?

    Let alone reservations, now a days the people who got reservation are controlling everything in the govt. If anything goes against their wish, they are ready to file a complaint. Once they file a false complaint against you. The onus is on you to prove you did not call them backwards or discriminate against them.

    So are you saying we should vote for congress and so called reservation supporters and sacrifice future of our children?

    If BJP has blood on their hands for not protecting Muslims, Congress too has blood on its hand for persecuting sikhs. Were they not people?
    What about the riots after Babri Masjid demolition in Congress ruled states? Why didnt congress stop riots in Maharashtra?

    This whole Gujrat incidence is overblown out of proportion.

    Are you also saying US does not have blood on their hand of innocent Iraqis? Are you saying no innocent was killed in Gaza or west bank?





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  • alisa
    02-14 07:01 PM
    I tried to determine, on a separate thread, the wait times for EB-2 India, EB-3 ROW, and EB-3 India.
    ANd I failed miserably. My models didn't make much sense. So I quit trying to come up with a reasonable, mathematical, estimate on the wait times.
    The reason I was trying to determine wait times, was so that I could then convince people to join and contribute for IV. Basically, a media campaign, geared towards our base.

    Anyway, the point of this post is this. I don't need reasonable, mathematical estimates. Maybe, all I need is a quote. A quote from someone knowledgeable, like Aman. Or some lawyers association. Some chimpanzee from USCIS. I don't know. Just something that says 'It will take 10-15 years for EB-3 India to get their greencards.' Or something like that for EB-3 ROW/EB-2 India.

    That could be used to let people know that there IS a problem. Trust me. A huge majority doesn't even know that there is a problem.



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  • immi_seeker
    09-14 03:04 PM
    I was among the very first to predict forward movement of EB2 (8 months back when most of the information available suggested no movement). Looking at September approvals i will see there will be very few cases pending from 2002-2004 for EB2 (those pending will be cleared in next few months since PD will stay current).

    My estimate is that

    EB2-India pending applications with PD older than Dec-2004 no more than 2000.
    EB2 India had used 8000-10000 visa in 2009 (5000-7000 in Sept 2009 alone)


    Holding following assumptions we will see more forward movement in coming months and whole of 2010 fiscal year.

    Slow improvement in economy (fewer new applications from EB2-ROW and EB1)
    PERM applications stay stuck (as they are very few approvals in last 12 months)
    CIS is force to allocate visa every quarter (leading to large spill-over)
    Fewer EB3 to EB2 porting


    CIS has prudently processed most old cases (pending for name-checks) and also pre-adjucated most cases filled in 2007-2008. So if they have visa numbers pending we should see big movment in Dec 2009 Visa Bulletin. This movement could cover all EB2-I 2005 cases in next two quarters (by March 2010). How explained below

    EB2 gets 10K visa each quarter (28.6% of 140,000 divide by 4)
    EB1 gets 10K visa each quarter (28.6% of 140,000 divide by 4)

    Assuming 3k spillover from (EB1/EB4/EB5 to EB2) => EB2 will get 13K visa
    EB2 ROW uses 7K (700 India, 700 China, +5k others) - there are 6K visa to allocated by Dec 2009 and 12K by March 2010 which will be given to EB2-India.

    BEC LCA applicants in 2005 estimate (EB2 India) = 2000 => 4400
    PERM applicants in 2005 (7276 of this 40% are Indian and 60% from EB2 ) -> 1750 LCA
    1100 LCA => 3850 GC

    Total pending I-485 in 2005 (EB2 India) ~ 8000

    This would mean PD will cross 2005 in next 2 quarters. I have pesimetic estimates so it will not surprise me it the dates move more rapidly.



    seems to be a good and close to accurate analysis. we have to wait & see





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  • Vishal2007
    05-03 06:13 PM
    Tamils are totally discriminated in our so called Home land, I support Prabhakaran to bring Elam that brings relief to Tamils in India, We denounced India long back,, 35 yrs back terrorist Bal Thackeray killed Tamils (for his cheap politics) in Mumbai, then Karnataka (they are incomparable with trash) . Just for every one to know, if you are Singhalese 40% is good for your start College, if not, you need 80% to continue for college.



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  • vhd999
    09-04 03:37 PM
    I am very reluctant to post in this thread. But could not resist.

    Few weeks ago, I was watching TV here in US. The monsoon rains arrived late in AP and YSR declares that the rains have come back because he and his party are now in the power.

    With a smirk on his face he says that the rain would not come if he had not won the elections.

    He also states that the God was happy that he is in the power and blessed all the people with those rains.

    I could not believe how these politicians can portray their self image and how those illiterate or hopeless people fall into their traps.

    Now, it seems, the same rain is the cause for the brutal death of YSR. I am not sure how to interpret his own words.





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  • GCkiTaisi
    05-01 05:42 PM
    I am an Indian Tamil and firmly believe that both LTTE and Lankan Army are at fault here. LTTE's tactics have always been to use human cover and the Lankans are guilty of using heavy artillery on civilians. In fact not all the civilians are innocent, some of them are LTTE proponents who prefer to stick with them till their last breath to further promote what is called as Lankan atrocities to the world.

    I totally support the Tamil Ealam cause, but the method LTTE has taken would have never gotten them there at the first place. As a country, India should have been a bit more proactive and involved than just supplying arms to the Lankans (which was anyways done to prevent the Lankans from going to the Pakistan or China). So the Indians are just watching the tamasha -- and it is really unfortunate.

    How does it bother the Tamilians of India? They are crossed between supporting for Tamil Ealam, death of innocent Tamilians and assassination of Rajiv Gandhi and this leads to mixed feelings. Ideally I would want to see Prabhakaran hanged and Srilankan Tamilians meeting their 3 decade old goals.



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  • andy garcia
    02-12 09:30 PM
    Agreed this is discrimination, what stops us from fighting this discrimination using legal class action lawsuit? Is it the money required or did a lawsuit fail earlier that inhibits us to file class action lawsuit?

    It is the law. You can try to sue congress.

    INA: ACT 202 - NUMERICAL LIMITATION TO ANY SINGLE FOREIGN STATE
    (a) Per Country Level. -

    (1) Nondiscrimination. -

    (A) Except as specifically provided in paragraph (2) no person shall receive any preference or priority or be discriminated against in the issuance of an IV because of the person's race, sex, nationality, place of birth, or place of residence.

    (B) Nothing in this paragraph shall be construed to limit the authority of the Secretary of State to determine the procedures for the processing of IV applications or the locations where such applications will be processed.

    (2) Per country levels for family-sponsored and employment-based immigrants. - Subject to 1a/ paragraphs (3), (4), and (5) the total number of IVs made available to natives of any single foreign state or dependent area under subsections (a) and (b) of section 203 in any FY may not exceed 7 percent (in the case of a single foreign state) or 2 percent (in the case of a dependent area) of the total number of such visas made available under such subsections in that fiscal year.

    (3) Exception if additional visas available. - If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a) and (b) of section 203 for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during the remainder of such calendar quarter.





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  • snathan
    01-24 02:33 PM
    Just because one guy is pointing out fraud in H1b he is not anti immigrant. Can you call entire congress is anti immigrant just for passing TARP restriction unanimously? But still we are optimistic of getting support from congress for EB reform. 99% of H1bs will not be impacted by this memo if that is implemented properly. For example even if USCIS does not approve h1b because he is having multiple layers of H1b still that position will be open and that can be filled by H1b person who is placed directly. The person who impacted by this memo will suffer a few weeks and he will find another job. Basically it will not impact H1b program or H1b persons. Even after the memo many H1bs were approved with third party consulting. Can you tell any denial based on the memo? But I am seeing many RFEs for H1b applications without client letter. That is normal and no one complaints about that

    Do you mind to tell us in which category you got your GC?



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  • ramus
    07-04 09:10 AM
    Anybody who got contact at NPR or anybody who want to take a challenge and work on contacting NPR and telling them about our story.

    http://www.npr.org/about/pitch/





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  • petepatel
    02-14 02:05 PM
    :D Lets Do It





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  • acecupid
    08-15 09:27 AM
    Try detaining any of their top Hollywood Heroes at an Indian airport for 2 hours and see how USA media and people will react to it.

    You people have no respect for your own motherland and always think everything American is good than your own country. Learn to stand up for your motherland. Just because you want your greencard does not mean you forget your roots. Anti-Immigrants (read racists) of this country will still call you slumdogs even if you are a citizen of this country. But your own country people will never forget you and will accept you as their own even if you have lived here for 50 years.

    Learn to love your motherland.

    I completely agree with you that we should never forget our roots or our motherland. India is far better than US when it comes to family values and many other things. However, this story has nothing to do about standing up for our own country/motherland. Every person who has a common name with terrorist names has had troubles at POE since 9/11. So who cares if he is SRK or anyone for that matter. When Colin Powell was the chief of security under Bush administration he had to go through airport security just like any other common person. The TSA here in US treats everyone the same. Do you think ministers or celebrities in India follow any security procedures ? Every now and then you hear of ministers and celebrities involved in smuggling scandals.
    There are good and bad things about every nation. IMHO, security procedures in US are the far better than India and apply the same way to everyone unlike in India. If you are so concerned about standing up for your motherland, what are you doing in the US ? Should I be calling you a traitor ? My point is, this case of SRK has nothing to do with loyality to motherland or racism. It is an unfortunate aftermath of 9/11 and we all know its been happening at POE.





    jayleno
    07-27 09:14 AM
    Buddy Kushal,

    You have guts my friend. A real quickstar indeed. Please PM me. I will join quickstar, I'm really impressed with your speech here. You had me at US Army. I didn't read the rest of it.

    P.S. I dont flip channels, my wife does and I watch whatever is playing. I sip beer and burp after. I hope I'm qualified to join.

    Its like asking an anti-immigrant, what you think about legal/illegal immigration?

    I guess you would get better idea if you call up Amway corporation or FTC and find out. And not from other who spend their time flipping channels and burping beer.
    As far as I know there are people from US Army, NASA scientists, NFL players, pastors etc.....from different background are very successfully building the franchise business. No wonder they are growing $1.2 billion dollars every year since 1950.
    Of course is not for everyone; its only for people who know the power of free enterprise on which this country is built on.

    Question is whether it will work for you? Your families finances are decided by you, and not by any other people. If you do take advice from other, then you will be flipping channels and burping beer too, and it takes one big financial hit to wipe you off the slate.





    kondur_007
    07-26 06:04 PM
    I dont think the situation is that bleak. What would happen when EB3 ROW is unable to use up all the spillovers from EB2? The excess would go to EB3 I, right?


    This is exactly the point which is not clear and therefore, asking for verticle spillover may not benefit EB3 I.

    What you are asking for is "verticle spill" till it comes to EB3 ROW and then spill it "horizontally" to EB3 I, then only EB3 I would benefit. (although USCIS did this in the past, there is no logic that can explain it)

    If they re-interprete the spill and make it verticle, it will go EB2 ROW -> EB 3 ROW -> EB2 I -> EB3 I (pure verticle spill) ; In this case, EB3 I gets nothing but EB2 I looses with some benefit to EB3 ROW. And remember, verticle spill from ROW will need to go equally to India and China...

    At the end of the day, if you look at the big picture, I think horizontal or verticle spills are not likely to make any difference to the backlog of EB3 I. What we need is more visa number. Mechanism (recapture, STEM exemption etc) does not matter. Also we neet to unite and work on getting our agenda in the CIR that is likely to be awakened once elections are over.



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