Thursday, August 11, 2011

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  • villamonte6100
    12-14 12:30 PM
    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 And if the laws are not constitutional then they can be repealed.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

    You don't have a case. Before laws are signed, lawmakers spend hours and hours or weeks arguing, debating and modying before it is passed by both Senators and congressmen.

    If they change the current law to favor Indians, then it will be disciminatory to other nationals. Think the other way.

    Personally, I don't see any discrimination in the existing law. It so happened that you came from Indian and the law only allows a certain percentage per country.





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  • Rb_newsletter
    08-15 03:30 PM
    Why are you guys talking about human trafficking? In this case SRK was not detained for that. He was detained only for his name match.

    This is an atrocity of one particular officer. TOI article posted by OP says "There were other immigration officers who even vouched for me but this particular officer did not listen to anyone". You have to notice the gap here. SRK was detained for identity check because of his last name. When other officers vouch why he was still detained.

    Thing we should be worried about is, if SRK - who has MPs and other big shots behind him to prove him - needs 2 hours to prove his identity, think about commoners like us. We may get lost without help.





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  • vkrishn
    07-21 11:13 PM
    Because of all these experiences, even when you genuinely smile or strike a conversation with a desi, he/she first suspects you to be an ammway guy. I face it everyday, being "outgoing extrovert" in nature, I tend to smile and talk to people in elevators, walkways, malls, restrooms, groceries etc... which is mostly casual fun stuff and most times desis suspect that I am a ammway guy and cut me out harshly.

    Chandruv23,
    Its pretty easy to find out who the real stalkers (amyway) guys are and who aren't. I am not an extrovert per se but do wish people on the elevators or even while walking on the park. Amway ones have this totally fake attitude that i can easily find out who they are..

    Problem with these guys is they don;t understand that NO means really NO.. Not Interested.. They think pushing more and more will convince me. Losers!





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  • grupak
    12-13 10:57 PM
    I advocate talking to policymakers, writing to them, and calling in on any talkshow on the radio/tv - where ever there is an opportunity.
    I am not sure if we can challenge the legality of the system. However, I do question the motivation behind this policy. It is morally and ethically wrong and does not make any economic sense. It is probably hurting the economy, if you get my drift. My thought is that it can be adressed by enlightening the very people who put this policy in place - the congressmen/women.

    Yes, we as IV are meeting lawmakers and lobbying, and media campaign too.

    Just discussing if anything else can be done.



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  • ss2005
    07-03 01:56 PM
    Hi,

    My wife's first name is blank in Passport and we have her anme as "FNU Last Name" in passport, H4/I-94, EAD, 485 forms. Basically her last name is now Last Name + First name.

    I was learnt that we need to split the name and get a new passport.

    My question is, how can we change on 485 document?
    Do I need to take infopass appointment after getting new passport? or Do I need to write a letter to USCIS about name split. or we have to live like this till we get GC?

    Please help me.

    Thanks





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  • _TrueFacts
    09-04 09:43 PM
    hey stop the nonsense. u r trying to argue with everyone. u r playing with people emotions.
    why don't u just stop the arguments over here. just leave the dead person in peace.
    if u don't like him just go and talk with someone else who also doesn't like him in ur family or with ur friends. i think u r spending too much time bashing YSR and his son.
    r u considering urself as a "SAINT" , if u r saint, u have right to talk about other persons.
    otherwise u should shut ur mouth. Its good for u and ur family. u used the word "KUKKA CHAVU" that's not at all accepted. i think u should keep ur tongue when u r using those words.

    I am not arguing, I am making my point that YSR does not deserve any sympathy, for he being a corrupt, factionist gunda, land grabber who has killed numerous people.

    If you have a point against that, please say so. I have provided numerous links in my posts in support of my points.

    Also I am sure not a SAINT, but also I am not a rowdy or radical killer like YSR. If you feel that your emotions are hurt, don�t be part of this discussion. If all the crocked dead people deserve peace then do you support Saddam and Hitler too?

    Any Sympathy for that gunda YSR is like accepting that he is guilt free of all his corrupt actions, land grabbing and amassing illegal wealth.



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  • Aah_GC
    08-16 12:04 AM
    Can we let him go then...? is there any guarantee they will not recruit more and massacre more? If its Israel already mosat would have taken the preparators. If its US, Pak would have been reduced to rubble.

    But India is only good to serve the mutton briyani...God save India.

    US knows that Pakistan is the mother of Terrorism, doesn't look like with all the aid flowing in, that it is being reduced to rubble. Terrorism is a deeper debate, and it borders on uneven economics, social structures, global imbalance to name a few. We have quite a few terrorists in India too, just look up Sikh riots of 1984 and Gujrat riots of 2002, the culprits walk scott free. You talk about Israel, how safe is Israel? Would you settle in Israel given a chance? The same is with the US, in the pretext of 9/11 the residual racism is now emerging in these situations.

    Whether we like it or not, Kasab will be hung to death. He is definitely a criminal, and it shines on our judicial system and independent media (both are screwed in their own ways) that we can tell that a terrorist hasn't been reduced to a weakling to not demand the food of his choice.





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  • samay
    07-15 07:09 PM
    Hi,

    I found that priority date field on my I-140 receipt is empty. Will this create any problem??
    I filed concurrently lasy july and MY PD will be current next month. I applied at NSC but got transferred to TSC.

    Thanks for the answers
    Your priority date is the date of your filing of your labor certification. Therefore, lack of the priority date on your I-140 receipt should not matter. Best of luck!



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  • immigrationmatters30
    07-16 08:39 PM
    ThanksGC for the reply,but what if by the time I apply for labor, I enter 6th year and if assuming labor is approved in 6 months, can I use PD from the previous employer to extend beyond 6th year. I am asking because I was under the impression, I cannot extend my H1 if I file labour in 6th year( it has to happen before I reach 6th year).But in my case I have approved labor with PD before I reach 6th year but from different employer.

    In short,Can I apply for one year extention based on my labor PD from different employer even if I file new labor from new employer after entering 6th year.


    I-140 IS NOT PORTABLE. PD is portable.
    You can get 7th year extension to your H1 transfer to caompany B based on your I-140 approval from previous compnay. You have to file new LC and I-140 from your new company and while filing I-140, you port your old PD by providing your old I-140.





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  • sanju
    02-16 09:37 AM
    We have enough grounds for lawsuit without them.

    That is one way to look at things. The important thing is, whether the Judge looks at the situation the same way. It will be tough job to convince the Judge. If you seek legal opinion from a lawyer, lawyers mostly tend to say that you have a case expecting that that lawyer will be the one filing the lawsuit (i.e. making the money). So be careful with the idea and advise from a lawyer.

    And more importantly, even if 'we have a case', do we have folks who are willing to be plaintiff in this lawsuit. Are you or Googler or chandu (because he replied to my earlier posts suggesting that we will find someone to lead) willing to be the plaintiff, or are you encouraging others (putting the gun on other's shoulder to fire) to be the plaintiff. If you see that there is chance/value in filing lawsuit, why don't you decide to be the plaintiff? Either way, if you are a plaintiff or if you know someone who wants to be one, why don't you take this to IV team.

    Say we have a case, then to go to the next step we need -

    1.) Someone willing to take the initiative/lead
    2.) Plaintiff
    3.) Resources
    4.) There maybe more that I am not able to think at this time, because I no experience of filing class action lawsuit.

    How to find what we need to file lawsuit -

    For (1.), I suggest someone willing to give out his/her name as plaintiff should contact IV. I saw that folks are discussing this on too, but that site is not a non-profit. That site is owned by some guy who is earning good money of off the ads on his site. He won't spend resources to file for lawsuit although he has made good money off of the woes of others tracking their green card case status. So the only viable option is to get IV involved.

    For (2.), if you want to see this through, then, at least one of around 180 folks who voted for filing lawsuit should be willing to be the plaintiff. If not, then someone needs to make phone calls to find a possible plaintiff.

    For (3.), as mentioned above, I don't know of any one organized effort other than IV to lead such an effort of a lawsuit.



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  • GCard_Dream
    10-18 07:21 PM
    You are right. You are allowed to stay 3 years out of last 5 years outside of Canada. Your PR should still be good.

    Dear Folks,

    I got my Canadian PR in Sep 2005. I did the landing and gave a canadian address after which I got my PR. After that I was under the assumption that I have to spend atleast 2 years in a span of five years and did not take any attempt to land into Canada using PR. I am thinking of applying for SIN by post while I reside in US.

    I am not sure now if my PR is still valid??

    Can someone advice?





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  • gapala
    08-18 09:41 PM
    I usually just browse through these forums and I really appreciate the effort put in by the organizers. But this thread gave me an urge to respond and perhaps talk.

    First of all, SRK is just a normal human, not a God. The TSA has even questioned many American celebrities. SRK is just a guy with Khan as last name. TSA is not going to take chances and will make sure they do what is needed to protect America. And SRK probably acted like a monkey again and annoyed the TSA guys so they held him up for 2 hours. OK, just kidding. But thing is, Indian government if anything should take a lesson from it. In india if you are SRK or Sanjay Dutt, there are no lines for you..any where. Indians should get angry at that, not this that just happened in the USA. And for God's sake, why would you even want to sympathesize with a character like SRK who has destroyed the indian movie industry?

    Now don't tell me I am a traitor. I love India, I love America. I live in America because I like living in America and I have gotten used to the comfort and lifestyle. This doesnt mean that I hate India.

    And to the guy who thinks that americasn think Indians are slumdogs or thrid class citizens...please go to india and free up the line for the rest of us. Its your belief that they think you are a slumdog. Perhaps you come across that way to them. Indians are more notorious when it comes to "grading" people based on their color or status and if a few rednecks in America did this to you, don't stereotype the entire country.

    Enjoy the life. Life is good. In America and in India. Long wait for the GC? Yes it is a b**ch, but why have you rest your entire life on a decision by USCIS. Enjoy and take risks and blow your money on good things in life...even if you dont get the GC, on your flight back to India you will at least be proud of the fact that you enjoyed your stay in America. Go out, meet people, meet beautiful girls, eat good food, drink whiskey, watch movies, go hiking...so many things to do guys. And if you dont get the GC, tell your friends and family about the stuff you did in America.

    Don't ever be that Indian guy in the office. Be a smart global citizen.

    Oh... finally!
    Welcome to IV
    There is nothing special that you have written up there in your post. This is just normal stuff that most EB folks on this forum does. Why do you have to write such obvious things? You may agree or disagree with member's opinion but its sounds very naive to preach to this community about normal life.

    Its apparent from post that you think the members other than yourself live a lower than average life? :D I guess you are mistaken.. Keep reading posts and you will eventually get to know better..



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  • immigrant2007
    08-20 10:38 PM
    I agree
    I hope we spend this much time in supporting or PLANNING WHAT WE DO NEXT. I still believe if we all of us make a combine effort we can get our backlog issue resolved





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  • sri1309
    09-23 07:23 AM
    I would still puruse removing quotas unconditionally. Not everyone will want to buy a house here. We can always propose buying houses will help fix housing crisis, but that shouldnt be a must.
    Instead, I would suggest pay $5K or $10K to expedite it. I am sure many people want to take this. If we are talking about 500,000 people, then with a $5K premium processing, it will generate $2,500,000,000. Is that 2.5 billion.. Not bad. This step wioll not hurt many.

    Sri.



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  • grupak
    02-13 12:24 PM
    For those who do not see the unfairness because of country of origin, here is a scenario:

    Your colleague and friend work in the same company as you, have similar qualification. Both of you apply for the GC around the same time, you get it years maybe decade sooner and can move onto a higher position, maybe better job. Your friend is still stuck at the same position even though he has been a good worker and should have been promoted in an ideal situation.

    We are here not because of our country of origin but because of our employment. So, lets not get into 'us' and 'them'. We are all skilled-employees, and that's what IV represents.

    A system that holds back employees for years because of country of origin instead of job performance is clearly broken. IV is fighting to fix it.

    (1) Increasing the visa numbers and (2) removing/increasing cap is only the solution.





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  • jhaalaa
    01-13 04:56 PM
    USCIS - Questions & Answers: USCIS Issues Guidance Memorandum on Establishing the "Employee-Employer Relationship" in H-1B Petitions (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=3d015869c9326210VgnVCM100000082ca60aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD)



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  • jonty_11
    06-28 05:49 PM
    the cycle for visa exhaustion has to happen before USCIS triggers action....its just not how many applications showed up on their door...and one(including me) should not feel toooo bad if we are not able to submit application becasue the visa numbers were exhausted. More painful will be if it is only based on applications received and mine went in a little later than others. lot of hard works has gone into prepraing this application. I would hire my attorney to put a suit against himself...

    As i understand it...number of applications received by USCIS on july 2nd does not in any way affect the acceptance of application on july 22nd......do you see it as i see it
    Does someone know what date in June they started turning back EB3-Other WOrkers?





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  • Ramba
    03-30 02:14 PM
    Ramba, can you please update your profile? I am surprised a Brazilian knows much about Indian politics.

    If a Italian citizen controll the major Party of India; why not a Brazilian knows more?:)

    Any way I will update soon....





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  • mpadapa
    07-23 12:02 PM
    vdlrao, I looked at the DHS data there seems to be lot of discrepancy in the EB and FB numbers shown in that document and the DOS statistics (http://www.travel.state.gov/visa/frvi/statistics/statistics_1476.html)

    But if you look at the last page where they discuss the EB limits, the document self contradicts. For example they say 2007 EB limit is 147,148 but based on their Table 2 (page 3) the EB limit comes out to 143,771 ( 140K + (226K - 222,229)). Also they have a foot note saying that DOS sets the EB/FB limits.

    I've a spreadsheet which has the calculated EB limit for FY (2003-2007), the numbers I arrived at is very close to those reported in the September bulletins. If U wanna take a look at it, please PM u'r email ID, I can send it to U.



    mpadapa, I am getting 31,100 unused Family Based Visas for 2007 fiscal year from
    http://www.dhs.gov/xlibrary/assets/statistics/publications/LPR_FR_2007.pdf
    .
    DHS bulletin is not updated correctly like Employment Based AC21 VISAS? Please let me know.





    gdilla
    07-11 06:46 PM
    Canada has several professional football teams. Infact, the CFL is the oldest professional sports league in North America, predating the NHL, NFL, NBA, and MLB. Even the first NBA game ever was played in Canada. I guess you mean Canada has no NFL team? Then yes, you're right. Canadian football is a better game, with 3 downs for 10 yards instead of 4, and a longer, narrower field (means more passing then running).

    Hi congrats and good luck !!!

    but, remember Once an American Always an American !!!

    Live free or Die !!!

    Please, do come back , when they fix immigration system... America does need skilled talented professionals like you to compete against outsourcing in a flat world.

    and remember Canada does not yet has a professional football team, go patriots !!!





    ghouse1742
    03-30 06:23 PM
    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.

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

    Contest should be only between MMS and Advani.

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



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