Tuesday, August 9, 2011

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  • lazycis
    12-13 05:41 PM
    I've got some experience with the court system and I think the whole discussion is pointless. To invalidate the law, it should be in conflict with the constitution. What article of the consitution conflicts with per-country limits for EB GC? If anything, quota is equally divided between countries, so there is no discrimination. To get a GC is not a right and never will be. End of story.





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  • JazzByTheBay
    12-13 04:31 PM
    Wouldn't you think? If we have enough resources (a membership-based IV), perhaps we could explore the possibility of legal action, perhaps even a class action (not a lawyer myself... so not sure if that's in the realm of possibility... ), against this unconstitutional statute that restricts skilled folks from certain countries on the basis of diversity.

    Diversity would be OK if folks from other countries weren't getting their Green Cards because of lack of immigrant visa numbers (in absence of per-country quota). But if each year the annual quotas of 140K aren't beint utilized, there's no rationale for restricting folks born in certain countries even though they have the necessary skills, imo.

    Overall, treating countries with a population of 1 billion and over the same as countries with a lower population than the city of Los Angeles is insane.

    jazz

    employment base makes up only about 11% of all immigration
    the country would not be "colonized" by choosing people for this category on merit alone. as for 90%- this is too is frankly a wave in my view, all things change, for now many Indian techs want to come and they have jobs available, tomorrow one or both of those things may not be true. But none that justifies treating people differently because of where they are born.

    this is entirely my personal opinion: if extended families (like adult siblings and their entire families) were excluded from FB, country quotas would lose some of their "need" and FB would not have to be the overwhelming majority of immigration numbers.

    How about I ask you why the "diversity" is not needed in other things. how about a quota for religion? profession? color of skin...? all those can be diversity issue. What if I said not more than 7% STEM graduates? I'm sure the Programmers Guild would agree. If you don't like those ideas, why country of birth?

    The fact remains though that EB is a skill based category. If I or you(?) join a company with identical (or better) credentials as someone from Congo/Sweden/Belize (whatever), they would have an EB2 GC in 1-2 years, we would sit for 10 and stew under multiple career holds and restrictions. Since no body from India would ever get the EB2 GC quickly, an entire subset of immigrants (based on country of birth) are ALWAYS held behind. You are presuming that somehow this benefits the US. Get skilled immigrants- but don't let a whole bunch of them rise to their levels of ability because they were born wrong. I am at a disadvantage because other people from my country applied for a GC. But when my employer takes me on, he does not care where I was born. My skillset has nothing to do with it. Why is my application (which is based on that employer and my skillset) hostage to something that is not even in the equation? This country is about individual freedom. I am here and an applicant for GC as an individual. What do I have to do with others who apply?

    Fair? You decide.





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  • newtoearth
    05-03 01:56 AM
    ...





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  • vjkypally
    09-17 04:37 PM
    I do not think it would be 10,000 primary. Probably around 3000 ~ 5000 primary applications. But if you consider dependents yes we may be talking about nearly 10,000 EB2I visas.



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  • trueguy
    09-23 04:44 PM
    I am waiting for my GC to buy a house.

    I second that. I am waiting for my GC before I make such a huge commitment to this country.





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  • ivgclive
    07-21 05:11 PM
    Signs and Warning...

    1. Mostly he seems to be a weird guy.
    * God has given us special white blood cells that can find these guys.
    * Listen to your inner soul when it says 'I don't feel comfortable'.

    2. He walks with empty hands (RICH people) while all others in the shop walk with a cart and/or some goods.

    3. Talks loudly, using words as if he is lending money to Warren Buffett or Bill Gates..

    4. His approach.
    * Are you Mr.<a name in south/north depends on your appearance>?
    * I can't believe I meet you here.
    * You look very familiar to me.
    * You look like my younger brother / son / daughter / friend / father / mother / cousin / tomato / carrot / spinach etc

    5. Look for these words...
    * Do you want to make LOT of money? (eventhough he looks like a crap, wandering in a grocery store not buying anything, driving a 1990 Toyotta Tercel).
    * I have a wonderful business opportunity for you.
    * What do you do in your free time?
    * I am running a eBusiness, eCommerce etc.
    * Do you want to make use of your free time in a productive way.
    * Count the number of times he uses the word 'Money', if it is more than 2 times, he is from that cult.

    6. Finally,
    * Can we meet sometimes this week?
    * Do you want to attend a Business Meetting (!) with top heads next week?
    * Do you want to just see what we are doing? (Why the hell I need to see?)
    * Do you want to join us for a Tea, Cofee... (Believe me, they won't call you for Lunch or Dinner, eventhough they always talk about the LOT OF MONEY they have made)


    I read lot of news from school and I learnt this 'multi-link' business 20 to 25 years back. So as soon as he asked me if I wish to make 'LOT OF MONEY' without working, I understood that the poisonous snakes had entered US long time back.

    I had only one encounter 10 years back that went up to the so called 'Business meeting with Tea Party' because I was new to US and these guys were using an updated terminology.

    From then on, I enjoy if I meet such people in Malls, grocery stores, Walmarts. I let him talk for about 20 - 30 mins when my wife is shopping. Asking him very basic questions as if I have not seen a $10 bill in my life. By the time he realizes that I am playing, my wife finishes shopping and we leave.

    This way you can keep yourself updated on the tricks. Amazingly these guys read technology news a lot than us and upgrade their techniques.



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  • mundada
    07-10 11:32 AM
    Best Wishes!





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  • maddipati1
    02-13 12:11 PM
    its been a while i read the forums..

    well... well !! chandubhai finally cooled down and talking wisdom :-)


    Thanks for all your wonderful help to the community - people like you inspire others.

    Please do not misunderstand my response to your earlier post, I was in no way pointing fingers at you but was trying to clear common misconception that IV must not be looked at like a software company doing good or bad at shares.

    Once again, I respect people's space - it will be great if all of us come together and make this a success



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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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  • BharatPremi
    10-23 04:19 PM
    You have hit the nail right on the head. They issued 225000 H1b's between the years and 2000 and 2002 but the GC quota remained the same. Also, there is no quota for H1 (large # goes to India/Chine) but there is a quota for GC.

    The idea is they want to control it so that only a third of the ppl who come on H1 end up getting a GC. They make the GC process hard one way or the other. Either you get stuck in the labor queue or in the retrogression queue. The average time to get has always been 4 years. Some ppl get lucky and get it in less than 3 and some get unluck and spend over 5 years trying to get it!

    Ultimately the question for everyone is how long are you willing to put your life on hold? If you wait long enough you will get it. They seldom reject cases (unless it was a fraudulent case).

    Here are my thoughts not legal advise:
    -------------------------------------

    One way: Wait in US for 9 years to get GC by sticking to one company,
    exploited with less salary, No promotion
    Second Way: 1) Wait for GC in USA for 3-4 years meanwhile get Canadian PR
    2) Go to Canada as a PR for 3 years - Become citizen - "Tell
    your wife" to establish company A in Canada and Company B
    in USA - Have advantage of NAFTA
    3) Come to USA via Company B on TN visa and tell your
    employer Company B to file GC for you and now do not care
    whatever years US GC takes.. As long as "Company B" has
    business and you are working get TN renewals.



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  • ashshef
    10-21 01:55 PM
    Looking at approval data, i see EB2-India approvals continuing with many recent approvals from Jan 2005. Leading me to believe that most of the application current will be approved by Nov 2009 and we should see +ve movement in EB2-India date to March 2005 in Dec 2009 Bulletin.

    I'd be surprised to see that much movement before the Jan bulletin. If they do a quarterly spillover, I am hoping they'll move it to March at least.
    Been working on H1 since mid-2000. Getting more and more anxious as the dates draw closer.





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  • logiclife
    01-01 01:08 AM
    Here is the contact info of this author.

    http://www.flight-capital.com/contact.html

    His email is dh@flight-capital.com. The phone numbers are for his sales office of his book. I came to know about this guy from cable news show, I guess it was MSNBC, cant be sure.

    I have already written a letter to this guy asking for help/suggestions. I will send a copy of that email to you too.

    This man is legit. I found something more on this guy:

    This is from : http://www.redherring.com/Article.aspx?a=14488&sector=QAndA&subsector=PolicyMakersAndPundits#

    In Flight Capital, Mr. Heenan says that 1,000 people a day leave the U.S. to return to their home countries. While few countries monitor the quantity and quality of talent that has exited and returned, he says these are the talented people who help drive the pace of innovation in tech centers like California�s Silicon Valley. �In the global war for top talent, our competitors aren�t taking prisoners,� he writes.In his travels and research, Mr. Heenan interviewed repatriates in eight countries, including Ireland, Iceland, India, Singapore, China, Taiwan, Israel, and Mexico. Eight of the 11 Americans who shared Nobel prizes in physics and chemistry in the past three years were born elsewhere, and nearly 40 percent of Massachusetts Institute of Technology graduate students are from abroad, notes Mr. Heenan, who has taught at the University of Pennsylvania�s Wharton School and Columbia University.



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  • ragz4u
    02-06 02:07 PM
    I dont think that you HAVE TO file I-140 within 60 days after labor is approved.

    --logiclife.

    I had read when this was proposed last time that if this is implemented, the employer will have 45 days from the date of labor approval to file for the I-140. What this prevents is sale of labors (illegaly obviously). A lot of labors from 2001/2002 were on sale till sometime ago (2005) on Sulekha. If/When this law is implemented, buying a labor will get you ahead of the queue by a max of 45 days instead of the 3/4 years today.





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  • ashutrip
    06-26 02:11 PM
    Hey...No one can predict anything about Aug and Sept. You just have to wait till you get your LC and then check where dates are and file accordingly. There is nothing you can do about it, so relax and don't worry too much.
    If it makes you feel better, then people from 2001/2002/2003 are still still in line. You are lucky at least you have hope that you can file 485 if you get your LC in time.


    it tough to so relax and don't worry too much when I am aware that there are people from 2001/2002/2003 are still still in line doesnot make me happy but I can feel for these blokes.:( :(



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  • swamy
    12-13 01:14 PM
    Here's the percentages of the top 10 populations of the world by nationality. How many of them are more than 7% ?

    China 20.0 %
    India 17.2 %
    United States 4.6 %
    Indonesia 3.4 %
    Brazil 2.8 %
    Pakistan 2.6 %
    Nigeria 2.5 %
    Russia 2.2 %
    Bangladesh 2.1 %
    Japan 2.0 %

    Based on this one can conclude that the 7% nationality rule is a veiled effort to limit Indian and Chinese immigrants specifically. Does this not amount to discrimination by nationality ? In addition we as legal immigrants are taxed without any representation. Taxation without representation was the reason the US was created in the first place.

    US history is full of examples where discrimination existed in one form or another and these discriminations were sucessfully challenged. A few examples are women's voting rights, minority voting rights and gerrymandering. These are good examples to study where the affected people had no legal voice to begin with.

    The civil rights movement is a recent example. There were existing laws that limited people from voting based on their literacy levels in the southern states. The literacy requirement for voting was really a thinly veiled attempt to limit voting rights of african americans for as long as possible. The civil rights movement was about changing these artificial laws to give voting rights to people who legally had no voice.
    http://www.usdoj.gov/crt/voting/intro/intro_c.htm

    You don't need to be a lawyer to speak up for your hardships as a law abiding resident. This country has tremendous protections for people living here which is what makes it great. We as an immigrant community need to build our awareness of US history and government if we expect things to change.

    I kind of agree. Sometimes laws are just thinly veiled attempts to discriminate and at other times they just didn't foresee it becoming discriminatory. Given the it was written by Sen. Kennedy, I doubt it was a deliberate attempt to choke Indians or anyother national. It was just a poorly thought out & unnecessary restriction. Even the ceiling was just to appease fearmongers. Given people wont be offered jobs if there aren't any, wheres the need for a ceiling if existing labor laws on bidding down wages are enforced(which are by the way). For two years in a row, H1 quota wasn't used precisely because of that. & if H1 is the first step, theres an even stronger argument for doing away with EB quotas- but given the current environment obviously fearmongers rule (so we're the one 'acquiescing' Lou). I think we should make the case but as Mark pointed out its costly and not the best strategy for us.





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  • snthampi
    07-30 06:53 PM
    Ohh the moral police (shiv sena etc) are out, chill out dude what is decent to you is not necessarily indecent to another man and and vice versa. You enjoy the same thing if Salman Khan does it in his movie, right? Don't be a Bore for real get my drift? Or were you the Amway gut I met?

    Ignore that idiot man. There are some morons who think what they believe is right.



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  • hopefulgc
    02-14 03:12 PM
    I don;t have the necessary permissions to modify the poll. I have made a note of this so that moderators can ad it in.

    Sorry.. i am just going through very busy days at work.
    I am trying .. please don't hate me :)


    hopefulgc - also make the commitments clear! Its not just sufficient to support ( as in moral support) the cause. Its important to participate in it.

    I think someone should change the Poll question to -

    Q) Do you commit to participate in a class action lawsuit against USCIS?

    1) Yes. I am willing to commit $500
    2) Yes. I'm willing to be a plaintiff ( full name and full contact info required)
    3) Yes. I'm willing to commit $500 and become a plaintiff as well
    4) No. I don't think it will work

    It will make it clear to everyone voting 'Yes' what's expected of them.





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  • gcfriend65
    06-28 09:14 AM
    My take on this is that if 40,000 visa numbers remain for July, August and September, then USCIS by itself cannot use 40,000 visa numbers in one month alone (i.e. in july), because the DOS just supplies them monthly quotas. So, if you take approx. 18,000 per month, you are looking at 18,000 for July and 18,000 for August. Then, USCIS have to use them. Which means USCIS has to approve 18,000 petitions in July. As, I have heard that USCIS just started out sending finger print notices this month, because Priority Dates moved a lot in June 2007. Now, the fingerprints, will come in and forwarded to FBI for security clearance. That will take atleast a month. And, all petitions activated for clearance in June 2007 won't get adjudicated till August 31, 2007, because it takes atleast three months, for a case to approve and the visa number to be used. (Remember Visa numbers are allocated on visas used and not how amny people applied). Please share your thoughts. Thats my 2 pennies.

    From page 35 of Citizenship and Immigration Services Ombudsman Annual Report to Congress June 2007 (http://www.dhs.gov/xlibrary/assets/CISOMB_Annual%20Report_2007.pdf).

    There will be severe consequences from rapid fluctuations in priority dates.

    If the priority date became current today, due to delayed USCIS processing and thus underutilization of visa numbers, some have predicted that within a few months as many as 500,000 to 750,000 individuals now residing in the United States under a temporary worker visa could apply for a green card.
    Additionally, DOL�s recent backlog elimination efforts, scheduled to be completed by September 30, 2007, are predicted to add 70,000 or more approved labor certifications yielding as many as 170,000 additional green card applications.
    As USCIS begins to complete these applications and request visa numbers from DOS, the 140,000 statutorily authorized visa numbers will be used. DOS then will be required to retrogress priority dates. Consequently, most applicants in this scenario will find themselves trapped where as they anticipated timely receipt of a green card, their wait exceeds seven or more years. In addition, all future employment-based green card applicants effectively would be barred from applying for many years.





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  • acecupid
    06-28 07:08 PM
    I have never been so stressed during this whole GC process ! :eek: I hope dates stay current for entire month of July. God bless all.





    newbee7
    07-04 12:45 PM
    Might be potential headline: USCIS betrays thousands of hopeful





    smuggymba
    01-18 11:31 AM
    Probably you are your relatives did these kinds of stuff. Most of us on this forum didn't.

    When did you get your GC ?


    A genuine mistake can be corrected using nunc-pro-tunc method. I used to work for a big Indian IT major and they forgot to file my wife's H4 and when I moved to a big 4 firm..they filed nunc-pro-tunc. According to you definition, if any company makes a mistake, we are illegal. LOL.



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