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  • vikki76
    01-15 04:57 PM
    I agree Teddykoochu.

    Think what will happen if they woke up one fine morning and start another new interpretation of an existing law and then later they start doing it retroactively; just imagine the cascading effect.


    It does not matter which side of the ship is taking fire. It seems to me that people on the left side of the boat are happy that the firing is only on the right side, forgetting it is the ship as a whole which is taking fire.

    This only reminds me of the famous poem by Martin Niem�ller which goes like this.

    "First they came for the communists, and I did not speak out�because I was not a communist;
    Then they came for the trade unionists, and I did not speak out�because I was not a trade unionist;
    Then they came for the Jews, and I did not speak out�because I was not a Jew;
    Then they came for me�and there was no one left to speak out."

    To get the gravity of the situation, substitute it with which ever suits you ! EAD/consulting H1/direct H1/AOS pending/485 not filed/EB3/2/1....etc etc.. Behind all these fancy terms, numbers and notations there are people, children and families who are going thru difficult situations.

    Well said.
    African americans were never allowed to vote directly. There was no law which said that african american can't vote (AFAIK) but there was a small addendum, only those people can vote whose grandfathers had also voted or something similar. Since african americans came only 50 yrs ago,there was no way they could have fulfilled that grandfather requirement.
    These changes in H-1 are similar.





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  • chanduv23
    06-27 11:34 PM
    This thread is enough to keep the BP at higher levels to the already stressed out folks.

    A lot of people who do not follow immigration stuff have the following perception

    (1) All dates moved - we will all get green cards
    (2) People started applying PERM now - thinking they can make it by September
    (3) They think US wants to keep its valuble people and thats why they opened up the gates
    (4) Some think Indian govt putting pressure on US govt to issue GCs to Indians or else threaten to severe trade ties
    (5) Some thing There is a link between CIR and this. Before CIR is forced implemented they want to clear their existing backlogs so that they get ready to deal with Y and Z stuff
    (6) Some think this decision was taken to clear backlogs so that every new applicant will come under the new points system proposed in CIR

    So many theories, interpretations, perceptions ..... Everything seems to be a perception here





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  • chi_shark
    09-23 04:52 PM
    I dont think buying a greencard for 100,000$ or for any money is wise. You already are paying enough taxes, paying legal fees.... and of course spending ur prime here waiting for a permanent resident status.
    you are buying a house. they are to give gc in return for us pumping money into the system which otherwise would not have come in

    So let them grant GCs if they feel like. Dont bribe ur way in!!
    its not about their feelings or yours... there is a law and IV is trying to change the law by a legitimate process. do not use words like bribe which refer to improper personal payments for benefits that dont belong.


    Also if one bought a home and then got a GC, lets say he sold the home right after... what abt it....!!
    the new law should decide that... the discussion is open...





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  • patfanboston
    05-12 01:22 PM
    Can I ask a question - tangential, maybe, but not by much. Why do Tamils have such a problem assimilating? Why don't they learn the local language and respect the local culture when they immigrate? Their motto seems to be "In Rome, be a Raman".

    And the opposite is true when people speaking other languages settle in Tamil majority areas - they are, dare I say, forced to integrate, because that is the only way one can manage to live on a day-to-day basis. Would Tamils ever allow a non-Tamil minority to gain even a tiny foothold in their areas where the Tamil writ would not run? I doubt it.

    Note that I am a firm believer of learning and respecting the local culture and integration. One does have a 'right' to propagate one's own language and culture, but they lose that right substantially when they emigrate to an alien land - whether it is within the same country or not.

    To extend the logic, when we (mostly people of Indian origin in this group, I would assume) immigrate to the US, while we may try to conserve our heritage in private, we cannot impose it on the locals. That is when you end up creating ill-will against immigrants among the native population. America has been a great melting-pot, and has had great success assimilating great waves of immigrants from various countries including Italy, Ireland, Scandinavia, Germany etc, and the reason it succeeded was that in a couple of generations, there was total integration into the American culture. We owe it to our adopted country to do the same.



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  • pri
    09-25 06:56 PM
    A quarterly spill over is advantageous to every body in the playing field.

    It is obviously good for retrogressed groups. It is even good for CIS, since they can plan their work properly and use up the visas in an orderly fashion.

    So if IV can use some of its massive clout to convince DOS to do a quarterly spill over, that would be win-win for all.

    Here is the snippet from http://immigrationvoice.org/forum/newreply.php?do=newreply&p=966830

    Section 202(a)(5) of the Immigration and Nationality Act states that if total demand for visas in an Employment preference category is insufficient to use all available visa numbers in that category in a calendar quarter, then the unused numbers may be made available without regard to the annual per-country limit.

    It appears that DOS does spill-over every quarter.





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  • at0474
    12-13 01:23 PM
    "Fairness or not is not the issue. Question is can it be challenged in a court? "

    --I guess fairness is the issue and that is what you are asking for by challenging the court.


    "As an unrelated side note, the current quota system is something that has evolved from past policies some of which was used to restrict citizens of certain countries."

    --To some extent,there is truth to what you said. And it is there prerogative. There could be many geopolitical,societal, economic and national security reasons behind who they restrict and who they allow.



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  • venky321
    01-13 08:52 PM
    Can USCIS face legal challenges on this? It was just a memo, no law has been changed by the Government; the laws are just the same they were when they let it about a million people or so through these IT consulting companies.

    Now they go back and say that was a misinterpretation of existing laws :eek:





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  • Lasantha
    02-12 02:32 PM
    Yes Ramba. I am aware of that. I will not start celebrating I till I see the GC in my hands. But still I am pretty excited about all this.

    I wish your hopes comes true. However, one thing you should remember. There are many guys with PD before 2005 got stuck due to name check, particularly in ROW catagory. This big jump in PD for ROW and new name check clearance rule, will makes tons of 485s become eligible for approval in March.

    As they mentioned in their comment, they may freeze the PD for ROW in APril or move back to 2004, depending on how many EB3-ROW gets GC in March.



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  • deba
    07-10 11:29 AM
    congrats byeusa. wish you the best. I just sent you a personal message here. If you get a chance please reply. Again, congrats.





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  • jsb
    06-04 01:20 PM
    I agree. These are semantics of the process. Whatever they do it should appear to be an admin fix, rather than bypassing the law.

    This is what I was also proposing in another thread. we should ask for an administrative fix where once the application is pre adjudicated the applicant should be left alone and not issed any Employment verification letter rfe, or semilar\same job restrictions if they are back logged because of country quota and face multiple year wait, this way atleast it will give people some breating space, the way the system if set up right now, EAD, 485 pre adjudication, I140 approval are all useless if you keep getting Employment verification letter rfe and same semilar job rquirement. Without visa recapure it is going to take atleast 10 years for Eb3 and Eb2 india, in the next 10 years you will keep getting Employement verifivation letter rfe and semilar and same job requirement, there is no way anybody can survive that for 10 yeears. Administrative fix like this can happen without passing a law, for example USCIS started issuing 2 year EAD for retrogressed applicants as an administrative fix. We dont even need a interim green card we can continue on EAD with the administrative fix to exempt cases which have been preadjucated (485) from Employment verification letter RFE and same and semilar job requirement.



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  • longq
    02-13 02:59 PM
    I don't think so. 7% limit has been there for a very long time. Unused visas from prior years for ac21 purposes were still subject to 7% in current year. The 7% rule was unchanged.

    It seems that you think that the unused visas from prior year were not subject to 7%. There is nothing of the sort that allows this.

    I am not saying 7% is not applicable for recaptured numbers. EB3-ROW was current while EB3-IN,Ch retrogressed in 2005.

    Again 7% is not a quota or minimum or maximum. It is a guiding tool to avoid monopoly (not to prevent) for fist two months in a quarter and gave the remaining number to third month. It is not meant for reservation.

    As you said Bangaldeshies can not raise flag they as have not consumed 7% quota. Therefore one can not argue that Bangladesh-EB3 should be "current".

    At the end, first-come first served should prevails.





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  • nogc_noproblem
    07-25 03:03 AM
    VDLRAO - You brought lot of valid points which supported by authentic statistics. But surprisingly Ron’s comment about the Aug bulletin is totally vague. You can throw the numbers to prove your claim but I don’t think Ron really has any such numerical explanation for his statement.

    With all due respect, I beg to differ from Ron (probably for the first time).

    I doubt it whether he knows about the USCIS has changed the spill overs to horizontal fall outs and due to that the number of visas added to EB2 India/China. The horizontal spill over is giving a greatest adventage to EB2 India and making it run to catch up CURRENT. I see in the link http://www.immigration-information.com/forums/showthread.php?t=5456&page=8 , in one post he is predicting " I expect to see substantial worldwide EB3 movement during the next fiscal year." . But its not true because the EB3 world wide wont have many visas as before from now on. The EB3 world wide will move based on the 7% quota but not more than that.



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  • redcard
    09-04 11:13 AM
    Wow!!! this is just crazy>>>

    Over 100 die after YSR's death, son appeals for calm- Hindustan Times (http://www.hindustantimes.com/Over-100-die-after-YSR-s-death-son-appeals-for-calm/H1-Article3-450319.aspx)


    As many as 122 people across Andhra Pradesh reportedly died of shock or committed suicide after the death of their chief minister YS Rajasekhara Reddy, prompting his MP son YS Jaganmohan Reddy to appeal to the people to be stoic and brave.

    "I appeal to all of you to be stoic and brave in this hour of tragedy. He (YSR) wanted to see a smile on the faces of all and if you resort to such things (suicide) this will hurt him," said Jaganmohan, trying hard to control his tears.

    "He used to smile even in difficult times and I am sure he is still smiling. I request you to follow his principle and not to commit suicide as this will not give him peace," said Jaganmohan, who was elected to the Lok Sabha from Kadapa in the April-May elections and is being seen by many as the next chief minister.

    The appeal before the camera was telecast on all Telugu television channels.

    Television channels estimated that 122 people died of shock on hearing the news of their leader's death in a horrific air crash on Thursday, or committed suicide unable to bear the loss. Most of those who died of shock were keenly following TV news channels ever since his chopper went missing early on Wednesday and then received the news of his death on Thursday.

    NTV, a Telugu channel, reported that 122 people have died since Thursday morning when YSR's body was found. It said 99 people died of shock while 23 committed suicide.

    However, there was no independent confirmation of this. The police here said they did not have any figures to confirm this report.

    This is the first time in the state's history that such a large number of people have died over the death of any political leader.

    YSR, as the late leader was popularly known, has surpassed in death the popularity of actor and Telugu Desam Party (TDP) founder NT Rama Rao who died in 1996.

    A large number of those who died of shock included young supporters of YSR and the beneficiaries of the various welfare schemes launched by him in the last five years.

    The deaths were reported from 19 out of 23 districts in the state.

    In the coastal district of West Godavari, six people died of shock and four committed suicide.

    "YSR dedicated his life to people, I am dedicating my life to him," a youth wrote in his suicide note before consuming pesticide.

    A physically handicapped couple, who were getting monthly pension under a welfare scheme, attempted suicide by jumping into the Godavari river but were saved by fishermen.

    In Hyderabad, 42-year-old Yadgiri died of shock while watching news of YSR's death on television. M Srinivas, 30, another admirer of the chief minister suffered a cardiac arrest.

    The charred bodies of YSR and four others were found on Thursday morning in the Nallamala forest in Kurnool district, almost 24 hours after their helicopter went missing.





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  • amsgc
    07-04 12:32 PM
    Which of the above are not needed for dependents?

    All of them are needed for dependents. In case your dependent is not between 14 and 79, then no need for biometric fee.

    I should have mentioned that I-765 and I-131 are optional documents - you are not required to apply for EAD and AP.

    Also, the validity of photogaphs is 6 months, and that of the medical exam is 1 year.



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  • El_Guapo
    01-14 01:59 PM
    LOL.....I see where this is headed. We will all post on these threads and whine and complain, just like we do with the visa bulletin. And then in about a week's time, it will all die and no one will bother about this memo. We will "accept" whatever is offered to us. But I am sure within the next week, you can see 10 different threads with people talking about stuff such as "Gandhigiri", "Flower" campaign, "Hunger Strike", "Lawsuit", "Email Campaign", "Letter Campaign", "Phone Campaign", etc.....Don't worry, nothing will materialize and all these will die down. We as Immigrants have learned to accept everything and never fight back :)





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  • samay
    07-15 05:18 PM
    Hi there,

    Here is my situation, any help to resolve this is appreciated.
    - My self (primary) & my wife's(derivative) I-485's (PD June 2002) were filed in March 2007.
    - My I-485 was approved in July 2007, my wife's was pending due to NC.
    - My wife's employer filed PERM (PD June 2007) & then filed I-140 in March 2008.
    - We recently contacted NSC regarding my wife's case status, we received a letter from them stating that, her I485 is waiting for I-140 to get approved.

    They linked her new I-140 to her pending I-485 that was filed as derivative.Is this USCIS error?.How to correct this error and have them consider her I-485 application as a derivative application?.

    Thanks for your help.

    [COLOR="Blue"]Your attorney should get in touch with the USCIS.This situation can be sorted out with informing the USCIS. In case you require any assistance please get in touch with me.



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  • blueyonder
    05-02 10:14 AM
    1. This is not a political forum ... this discussion has to stop, so does the killing in SL.

    2. There is so much hatred between SL Tamils and Singhalese ... pls see the videos on you tube, rediff etc and the comments ... it like a cyber warfare and the posts contain so much hatred between both sides. No wonder there is so much killing and disregard for human life in SL now.

    3. People get confused between LTTE and Srilankan Tamils they think they are the same ... Srilankan tamils are facing humanitarian crisis and some people consider raising voice against this crisis is supporting LTTE.

    4. SL may be a different country but the Tamils living in India have interest in them and their welfare. This has to be recognized by the Indian government if it values the interest of its people. (Its a dont care situation ... and the apathy is growing in Tamilnadu that they are alienated)

    5. There is no expectation from any other Indian other than a Tamil Indian to have interest in this issue unless it was on a human grounds.

    6. This cause belongs to Tamils and only Tamils can solve this issue, Indian government is a union of many states and languages and there is oneness of being an Indian if the issue is of interest to the rest of the union. Now it belongs to a <10% Minority (Tamils) so it stays as a Tamil issue. Rest of the Indians don't care if it is happening in SL or Uganda.

    We have a oneness in this forum because we all are waiting for GC and nothing else holds us together. Lets stop this discussion now .... it doesnt take us anywhere.





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  • ronhira
    01-13 03:24 PM
    Calm down Girl. relax. atleast you called me your friend. freinds dont fight. just take it easy and relax. take a nap, you will feel better.

    Sorry if i said some thing wrong.

    Your friend

    MC

    mc,

    this guy is pulling u'r chains..... its not she.... its a he.....

    u know who this guy is? surprise surprise ....... gcperm is back.... as plainspeak....

    hey gcperm aka plainspeak..... long time.... where've u been? i missed u :rolleyes:





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  • extra_mint
    03-27 02:55 PM
    Indian democracy can throw many surprises
    I think UPA will get 273 and if that's the case then MMS
    If NDA get's 273 (which is highly unlikely) then Advani (no Modi...otherwise also Modi's communal qualifications are pretty widespread outside of Gujarat). I like the guy but seriously PM of India and CM of Gujarat are 2 different things.

    And if Third front comes to power (they just need around 200 as once they get 200 there will be breakaway groups from UPA and NDA so they can touch 273)

    then we will see real democracy (read lust for power)

    First 6 month Mayawati >> Followed by Jayalalita for 6 months >> Followed by some one from LEFT (comorades work in groups..not sure who will be graced by politburo)

    Above cycle will be repetitive >> and Govt will collapse when Mayawati will complete her second 6 months Tenure.





    shiankuraaf
    07-21 08:36 PM
    Its fine so long as they are back before their AP expires.

    Thank you so much.. I really appreciate that.





    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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