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  • PlainSpeak
    01-14 01:23 PM
    Let us all promise ourselves that we will not get personal with each other. No abusive, foul language.

    We can disagree with each other but we have to watch our tone and not engage in personal attacks.
    Oh God AmitJoye. Your sense of honour and right and worng was missed at least by me. Have you seen the posts here by all the esteemed senior members and donors of IV. And to top it all they are now asking me to explain my ideas (Prove my intention) but i see no proof of intention from them
    I fear that you really need a moderator to kill all abusive comments because they are doing more harm to IV and IV needs all teh new members it can get. An organisation like this needs new intake of fresh blood to keep running. I am surprised no one from core or admin has admonished the abusers. I had hoped they would be prevented from shooting themselves in the foot.


    PS on a side note i am now up to Minus 3000. That must a be a record. Sad day for everyone here on IV including me





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  • sameer2730
    01-19 11:33 AM
    Just because no one can trace you on an anonymous forum please do not say anything that comes to your mind. These are hard times. Please chip in with genuine solutions else keep to yourself.
    This constant battering of consulting companies is not doing any good. Yes they exist and have existed legally for a while. Do not take advantage of this memo to vent out your own frustrations. It puts us all at risk and hurts the entire image of people working on H1b especially Indians.
    Most of us here are very educated (usually a Masters). Lets respect that fact and contribute to meaningful resolution. I suspect a number of anti-immigrant Indians(who are permanant residents or citizens) are on this forum (you can tell from the number of posts they made and the reds they have received). They are only trying to provoke us. Do not take the bait. Please please ignore them.





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  • ras
    07-06 02:49 AM
    Is there certain minimum numbers of days one has to stay with the sponsoring company after getting the Green Card.
    In my case I have been working with my current employer since Sept-2001 (almost 7 years).
    Green card labor started in Dec-2001 and I-485 was filed in May and approved June, 2008.

    I was in the middle of using AC21 just before my GC got approved, hence this urgency.

    I think if you are with the employer and your GC got approved. You probably ought to work for the employer atleast for 6 months to one year. If you could have used AC 21 already before approval then things would have been different.





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  • saketkapur
    07-15 07:42 PM
    Hi
    I filed my I-485 in July last year. My PD is EB2-Feb 2007. I could not file for my wife since she is pursuing her medical residency on a J1 visa with the 2 year HRR requirement.
    My queries are as follows:
    1. For the interfiling to happen does she need to be done with her J1 waiver or even when she is pursuing it as that is a H1B visa and I will be the principal applicant?
    3. If I get my green card before she is done with her waiver then can I still file for her later or will her case then be treated as a family based petition?
    I will really appreciate if you can provide some insight regarding the same.
    regards
    Saket Kapur



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  • bfadlia
    02-15 02:22 PM
    u r missing my point..
    Again you are saying it's a SKILL cap. We can agree business may hire whoever they please but don't pretend that they only hire based on SKILL..
    when someone says let business hire the "best and brightest", that's my problem, he implies the best and brightest are concentrated in only two countries so that's what's insane, that's why he won't be taken seriously.
    cheers.



    Yes skills don't need a cap. If I am a business owner, I have all rights to hire best and brightest in the world. It is my choice whom I hire not Government tells me where to go for hiring. Business may hire from India or Antartica, it should not be anyone's damn concern. Let the free markets work !!! This is insane





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  • polapragada
    09-24 12:31 AM
    Matt_Kelly@Specter.senate.gov ID is bouncing



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  • ganguteli
    06-02 04:05 PM
    It very well depends on the lawyer .

    If he could prove country quota as unconstitutional, which i feel it is.

    But yes IV should talk to a good constitutional lawyer(not immigration), and find the odds,

    And as you said, even if we do not win , we would for sure get some media coverage.

    Why can't you find and talk to a good lawyer and spend your own money on consultation. We will know you are serious about it.





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  • acecupid
    06-28 07:25 PM
    I got very stable news that only July 485 applications will get approved

    Whats the basis of your statement ? Source of info ?



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  • sk2006
    08-16 04:11 PM
    Well, explain to me, if an american celebrity, such as Brad Pitt or George Clooney is detained at IGI for 66 mins, taken aside for secondary in another chamber, made to wait,

    if robert gates (defense secretary), is asked to remove his shirt

    if ex president bush or clinton is frisked for secondary, would that be acceptable to americans?

    NO. We agree on the answer atleast. Do people in India have to KNOW them?

    Question is why such things are not done in India?
    Answer is: The security system there is like Swiss cheese -- Full of holes.

    They would by pass the rules for celebrities!
    Why do you expect USA to do the same?





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  • jhaalaa
    01-14 01:19 PM
    Ombudsman discussed the RFE rates on page 18 figure 7 of the following document:
    http://www.dhs.gov/xlibrary/assets/cisomb_annual_report_2009.pdf

    H1b RFE rates
    Year VSC CSC
    2006 12.7 07.1
    2007 11.4 11.0
    2008 11.8 11.6

    It would be interesting to see the new RFE rates, as this memo gets actioned at USCIS.

    Best Wishes for all.



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  • at0474
    12-14 05:06 PM
    I find it abominable that there are still some humans(?) left in this century who want special benefits based on their race and country-of-origin in this 21st century !

    It's time people were measured on merit instead of he is Indian, Chinese or some other nationality. Eliminating country quotas is part of IV strategy on the homepage. If someone has issues with it, well you are working against IV strategy !

    Stop dividing people based on ethnicity - Indians, Chinese and others. Every one deserves equal opportunity, not based on their country, race or color (all abominable ideas to me) , but purely on merit.

    --What you said sounds very interesting. But it got me thinking, what if the merit is equally distributed by the country of origin and there is a limit to the opportunities this country can provide?


    Let us say there are 140,000 EB visas given every year. Based on pure merit and sans any regard to nationality. Don't you think it could potentially lead to more visas being consumed by one country?

    What if this country wants to ensure diversity to its social fabric?? How do they go about doing that?





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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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  • oomshiva
    07-03 05:15 PM
    http://www.foxnews.com/wires/2007Jul02/0,4670,ImmigrationGreenCards,00.html

    Legal Workers Lose Chance at Green Cards
    Monday, July 02, 2007

    By SUZANNE GAMBOA, Associated Press Writer

    E-MAIL STORY PRINTER FRIENDLY VERSION
    WASHINGTON � Legal immigrants hoping to be first in line for employer-sponsored green cards lost time and money when the government suddenly announced Monday that no new applications would be taken until the fall, a lawyers group said.

    Tens of thousands of people who work in the United States under employment visas and their families were affected by the change, said Crystal Williams, associate director for programs at the American Immigration Lawyers Association.

    "There are people who flew to the United States so they could apply and had their families fly back. They paid attorney fees," Williams said.

    The State Department announced last month that employment visa numbers were available for all people seeking employer-sponsored green cards, except unskilled workers. It sometimes takes years for applicants to get those numbers.

    The announcement meant that as early as Monday, Citizenship and Immigration Services would begin accepting applications. The applications are hefty, requiring medical exams, a lot of documentation and the applicant's presence in the United States.

    But an update on the State Department Web site posted Monday said 60,000 such numbers were no longer available because of "the sudden backlog reduction efforts by Citizenship and Immigration Services offices during the past month."

    (Story continues below)

    Advertise Here
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    The department called the backlog reduction an "unexpected action" and said employment visa numbers would be available again Oct. 1.

    The State Department has been flooded with passport applications since new rules went into effect in January requiring passports for air travelers returning from the same destinations. The resulting backlog has caused delays of up to three months for passports and ruined or delayed the travel plans of thousands of people.

    A spokesman at the State Department declined to comment.

    Williams said several workers within Citizenship and Immigration Services told her and other lawyers that the agency had staffers working through the weekend to resolve pending cases. She said several lawyers reported getting phone calls from the agency with questions about applications when normally that happens by mail.

    Chris Rhatigan, spokeswoman for Citizenship and Immigration Services, denied the weekend work occurred or that there was a push to use up the visa numbers. She said the agency had pending cases from previous months.

    The fee to apply for a green card increases July 30 from $395 to $1,010, including a fingerprinting fee.

    ___

    On the Net:

    State Department: http://www.state.gov/

    Citizenship and Immigration Services: http://www.uscis.gov

    Copyright 2007 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.





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  • grupak
    12-13 11:25 AM
    Discrimination in employment based on nationality is not allowed. However, can we extend the argument to the employment based immigration? We can always choose to take that promotion though we will lose our place in the queue.

    Leaving the question of fairness aside, under the current legal framework my guess is we do not have a case.



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  • sanju
    02-15 11:29 AM
    This country is against slavery of mankind in any form ( atleast that is what they preach to the rest of the world).

    Your above statement is true, but it doesn't apply to EB situation. A slave is not allowed to leave, you are allowed to leave time, at your free will. Its just that you chose not to leave. The correct description of the situation is - you are imposing slavery upon yourself and asking for remedy from the government. Isn't that correct? Jazzy is simply saying that you can leave if you don't like it. So you are not a slave. Its that simple.

    Knowingly or unknowingly they have setup laws which virtually make us slaves.

    Laws are pretty clear, its just that we are stuck in the process created by those laws and we want to call it "slavery".

    This debate will have a conclusive output if we think from our mind instead from our heart. No point in getting emotional about the situation, this debate needs pragmatic thinking and discussion about the possible lawsuit.

    Slavery is not a valid argument so no point in mentioning it. Also, whether of not we have a cause depends on the law and not on the logic or the emotional aspect of the debate.





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  • yabadaba
    07-04 09:51 AM
    Kitty Eisele

    keisele@npr.org

    two approaches to media coverage

    macaca is trying to make the human element point.

    others are trying make use of the scandal type issue (the way i have written it)

    the main thing is to encourage the reporters to touch on this story. it does not matter what sort of publicity we get.... we need to keep pursuing this with all the energy we can muster.



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

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





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  • sanjay
    03-31 10:48 AM
    Dude, I respect your view....but I dont think I have the apetite or heart to support or vote some one who has the blood of 2000 innocents in his hand. The Supreme court rightly called him "the modern day Nero". I think we Indians can do better than the Modi's, Tytlers and Shahnawaz's of this world.

    Then to whom would you support? Tell me one political party which is not involved in either mass riots or corruption or deceit or governance failures etc etc etc.

    Yes, people can say that Gujarat riots happened when Modi was at helm. But, don't you see why it happened. It was an aftermath of a train was burned and hundreds innocent lives had lost. I don't think any government would have controlled the anger after that incident. That was bound to happen.





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  • vivekm1309
    02-12 09:12 PM
    That is an apples to dinosaur analogy.

    The per-country ceiling was originally created in order to establish and maintain proportionality in various immigrants coming from different countries in FAMILY BASED IMMIGRATION.

    Family based immigration is driven by family relationship. Its not driven by talent or economic contribution. Therefore its important to make sure that no country completely dominates the family based immigration system by getting a head start. If one country is ahead initially in sending immigrants (like the Irish in the 1920s and Italians in 1930s), then that country's immigrants would sponsor their family and that new family would in turn sponsor their relatives and so on. Whichever country has an advantage in the begining would keep building on that advantage and eat up the entire family based quota. That's why when they wrote the INA in 1965 by codifying a bunch of loose federal regulations that governed immigration, they inserted the per-country ceiling. And that makes sense even today in Family based immigration.

    Every country in the world has unlimited potential to send family members and relatives to America. But every country in the world does not have unlimited potential to send Ph.Ds and skilled labor. That ability is disproportionately huge with India, China, Mexico and Phillipines.

    The per-country ceilings got INHERITED into employment based system because our legislators were too lazy to spot the difference in two systems. One system gives you a green card because you are related to someone. Other system gives you a green card because you have skills that are wanted by an employer here.

    Benefits driven by family relationship should be rationed and given out propotionally because an Irish family, Italian family and a Chinese family all love their families equally and the value of family re-unification is the same. You cant say that the Irish love their sibilings more than the Chinese or Indians do. HENCE THE COUNTRY LIMITS IN FAMILY BASED SYSTEM.


    But in employment based system, what the system is doing is that an Irish guy, (or any ROW guy) with Bachelor's degree in EB3 is getting green card sooner than an Indian guy or Chinese guy with masters degree in EB2. THAT IS DISCRIMINATION. Yes, that is discrimination not matter how you slice it and dice it with your olympic analogies.

    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?





    iviviv
    10-09 01:14 PM
    Been contemplating Australian or Canadian migration to get around the retrogresion issue. Are there any former H-1Bs out there who got Canadian citizenship and then applied for US green cards? Please describe your experiences.

    How about any Australan nationals who obtained Australian nationality and then
    obtained US green cards?

    Please describe your experiences- both good and bad.





    msp1976
    02-13 02:54 PM
    Bottom line is EB3-ROW is enjoying with the expense of EB2 India and China.
    Whether overflow happens vertically or horzontaly is subject to interpretation and we cannot really say if EB3 ROW is getting any undue advantage.....
    That matter can be litigated.....



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