Tuesday, August 9, 2011

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  • _TrueFacts
    09-04 08:08 PM
    I spent almost an hr going through these massive 12 pages and concluded to support British's saying "Indians are dogs" and I want to add the following,

    Kanaka

    We are called dogs, because we discuss things, then what are we called if we don't and accept things in India as they are.





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  • Lasantha
    12-14 04:20 PM
    Well said !!!

    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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  • mallu
    02-16 03:24 PM
    According to first post in following thread ,
    http://immigration-information.com/forums/showthread.php?t=4285

    attorney Ron Gotcher says ( he got info ),

    "
    Last night, at a meeting of the American Immigration Lawyer's Assocation Southern California chapter, Charles Oppenheim spoke. Mr. Oppenheim is the officer within the Visa Office tasked with calculating visa bulletin cutoff dates each month. He offered the following thoughts as to cutoff date movement in the upcoming months:

    * In April, India and China EB2 will be set at 12/01/2003
    * EB3 for India and China will slow down for the rest of the fiscal year"





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  • NNReddy
    09-04 01:29 AM
    True_facts, you cannot denigrate dead people. I know you are coward, because you cant say what you can say with your own ID. Go to every village in AP, people are better off now than 5 years ago,that's YSR's legacy. YSR improved irrigation, infrastructure across state and percapita income in state.



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  • angelfire76
    01-14 02:12 PM
    The memo is not very clear with respect to the employer-employee relationship. Most of the IT companies nowadays have moved to the contract model (e.g. IBM makes more money out of contract implementation of its own products or project implementation of other products, than from the sale and licensing of its products).

    An argument can be made with the direct contract vs second-n level of contracts, but the memo is very generic and open to interpretation by an adjudicating officer (has anybody seen the minimum qualification required to get a job at USCIS as a case officer: its high school diploma).

    An out-of-touch bureaucracy trying to tell corporates how to run their business is laughable at best. Of course I'm all for reducing and eliminating these middle-men, but by doing so the door's wide open for the mass offshoring of jobs.

    The clause is still confusing: Infosys, CTS etc. also follow the "staffing" model as they don't really have in-house products that they implement at the client site. But you don't see their H-1Bs being denied. On the contrary USCIS is being very generous with the EB-1 GCs for the employees of these companies.





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  • santa123
    07-25 01:34 PM
    A question about the FB spillover: according to your data, there are about 30000 FB visa spillover from last year. But does USCIS have to use up all of them? If the answer is yes, then the September VB will very likely be current. If the USCIS only need to use up the 147000 EB and use whatever portion of the FB spillover, then September VB may not move.

    Though I appreciate all the analysis and the hardwork by several folks here to get to the numbers, I am thinking that we should not get carried away and set high expectations for ourselves and others. Your confidence levels are very high, but remember there are some assumptions in the calculations and we are dealing with govt agencies... just wanted all EB2s to hope for the best and prepare for the best...
    ;)



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  • gc_wow
    09-23 05:25 PM
    I dont think there is a law which dictates spill over to happen in last quarter? Some USCIS crony has made that happen only in last quarter? Does any one know more about this?





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  • sroyc
    09-24 02:06 PM
    Read any visa bulletin. It's in there.

    SROYC,

    Can you give me USCIS or any other authentic Doc/link which states ICMP share is 7% of 28.6% ? In years I have not found such doc. Therefore, assuming USCIS works fairly :D I had to divide 28.6% by 5 - equal share for each country within particular category.

    Yes, there are many other factors we will have to factor in like incoming flow of applications, swith over count, spillover at the end of the year.



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  • gcdreamer05
    07-03 01:43 PM
    This is a question to the attorney.

    There has been several posts in this site as well as other sites about the recent PIMS delay for stamping in Chennai and other consulates abroad. (That is visa extensions based on approved I-140). In my case i am in 6th year of h1b and am eligible to get 3 years extension as my I-140 was approved more than 2 years ago.

    Some members had said it takes anywhere between 10 days to more than a month or so.

    Please advice us who are waiting for visa extensions based on approved I-140, as to what we should do to mitigate this pims delay.

    Because people like me get 2-3 weeks holiday to go back home and if the stamping gets delayed then everything including our job is at risk.





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  • sobyb
    05-01 02:53 PM
    When did Srilankan Tamilians become Indian citizens??? also India should make sure that terrorists organisation like LTTE is wiped out from the face of earth weather its in Srilanka, Afganistan or Pakistan... gone are the days when these thugs where called 'freedom fighters' .. they are a terrorist organisation and should be treated in that manner.



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  • coopheal
    10-10 07:16 AM
    I agree, the notion of fix our problem so that we housing problem is not a good approach.
    Our situation is grave enough that it needs a focus on its own. Our efforts should be to bring this on fore front of the issues being discussed in congress and in public media.

    While it is a good idea to educate the congress regarding the impact the EB Green Card applicants could have on the Housing Market. It is a terrible idea to propose a legislation which would offer GCs to applicants who would purchases houses in US. To put it bluntly, the legislation seems to be meant for selling GCs to applicants who are in a position to afford it, offering GC to applicants who will invest in housing market is akin to giving out GCs for cash and there is already a category for that. How would one factor in the CP applicants like nurses and PT who are waiting in their home countries?
    The idea should be modified to spread the message regarding the positive impact that the EB GC applicants could have on the housing market and not to create a niche category of EB applicants who can purchase their GC to scoot ahead of other less fortunate ones. This proposal should be nipped in the bud before some anti immigrant group or advocate like Lou gets wind of it.





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  • hiralal
    06-03 06:20 PM
    Where does one contribute to said lawsuit? If someone is willing to lead the effort, I'm willing to contribute a little money.
    no idea ..to quote the Indian ambassador ..we are running and discussing like headless chicken .. why can't we have several small simultaneous campaigns ?? I guess it is time to take a vacation and come back to the forum after few days



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  • TeddyKoochu
    09-24 12:32 PM
    Spill will be around 30k for Eb2 and that will clear till mid 2006. by Sep 2010. In Sep 2011 you should be able to file for 485.

    there is no law that says to move date to accept new applications. If DOS makes date current and people have all data visible now will take USCIS to court for not approving cases. What I have learnt that USCIS is considering publishing rule ( Via Rule making process ) in dec 2009 to halt concurrent filling for I 140 and 485 and give chance to pre register for 485. so in Spiring of 2010 we may be able to pre file 485. which may / may not give benefit of AC 21 . EAD is always admin job so they can give out EAD and AP along with pre filling.

    I believe that pre-registering for 485 and being able to file for EAD and AP is itself a great step forward for us. How concrete is this news / information.





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  • vdlrao
    07-24 09:40 PM
    I really doubt whether any attorney knows how many total VISAS are there for EB1 + EB2 for the fiscal year 2008. On this total EB1 + EB2 we got an estimation based on our calculations in our privious posts.



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  • at0474
    12-13 04:12 PM
    I dont think that the per-country cap on immigration is "Unconstitutional." It may not seem fair to those affected but it does not violate any article of the US consititution. The country has a right to regulate its borders; that is its right. We should try to argue that the policy is counter-productive and harmful - not that it is illegal.

    --Well said.





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  • samay
    07-14 06:49 AM
    Thank You Samay !!

    I was in US from 2000 to 2001 on h1b.(first h1 approval)
    Went to india and worked there from 2001 to 2006
    On new H1 came to US on 2006
    I didnt had the H1b approval copy of first h1 approval(2000 -2001) when I applied for 140. I submitted
    only the current one which is from 2006. My 140 is not yet approved.
    So I would like to make sure whether h1b approval notice copy during 2000 to 2001 was needed/
    will be needed in future.I had submitted 140 during July 07.

    Is it needed for any 140 RFE or 485 level ?

    Good Day !
    Rajesh

    Quote:
    Originally Posted by rajeshalex
    Hello,

    Could you tell at 140 level does a candidate needs to submit all the previous
    H1 Approval notices.

    I couldnt submit my previous 140 approval notice since it was during 2000-2001. How important is the previous H1 B approval notices for a 140 approval ? . I submitted the current approval notice which is from 2006-2009

    Rajesh

    Hello

    We normally submit all the previous H-1B approvals with the I-140 application. I am a bit confused from your post is there a gap in your H-1 B approvals.
    __________________

    Was your earlier H-1Bapproval mentioned at all in the I-140. If not I would not worry about it. Relax.



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  • shiankuraaf
    07-14 09:39 PM
    My dependents are out of US for almost 5 months for now and they have AP approved before they left US and they are planning to come to US in couple of weeks from now on AP. Our PD is going to be current in Aug08. Is this OK to be out of US for this much time when AOS is pending? Staying out of US for this long would effect their AOS processing in any way?





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  • chanduv23
    09-03 11:06 PM
    All that I'm saying is why do you need to single out one politician. Can you compare YSR with Mr. Modi(Ghodra Express Issue), Mr Advani(Babri Mazdid Issue)...on how many innocent lives have been lost because of their filthy politics...

    And mind you , you and me are working here in US cos of the open policies created by Mr.Late Rajiv Gandhi in the IT Sector. All that I'm saying is someone or something is better than none.

    For that matter do you support War on Iraq , War on Afghanistan when it comes to people lives...
    First know the facts before you comment and have guts to comment revealing your original ID and not with a hidden one....created just for the sake of it

    chill - u r working in US because have skills - got visa applied for Green card. In what way did Rajiv Gandhi help you? So do you say that everyone immigrating to USA from every country is because of Rajiv Gandhi?

    I see that u r arguing just for the sake of arguement. Come on man. expand your thinking capacity - U r responsible for your own life and you do things in life that suits you. Just like how u r a software guru, politics is also a field which has become a "career oriented" field. Now, a lot of people trashed SRK during discussions, I did not understand what his fault was, for such trashing.

    Now, the reason why a lot of people trash YSR is because of his corruptive governance - which crossed all limits.

    If you think that one has to respect someone just because he/she is a leader - that may not be practical





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  • newtoearth
    05-03 01:51 AM
    ...





    narendra_modi
    01-15 01:11 PM
    It wont be an issue since you already gor your GC or I-485 filed. I failed to understand still what you are doing here.

    If one filed I-485, isn't employee-employer relationship comes under a questionmark? what if that company is closed ? And if this memo is implemented, most of the GC filing IT Inc. will be shut down sooner and hence will be a big mess..they are the ones who are supporting for their GC.





    aka
    12-13 11:50 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.

    This is a very interesting angle... even though on the surface it looks like we have a choice in taking that promotion and losing our place in queue, it is not really a choice. Do this a couple of times and your six years on H1-B expire, you basically have to leave your job and go back to your country. So taking a promotion is eventually a dead end. I think by extension, we can legally argue that this per-country based quota system is really (inadvertently) leading to discrimination in our employment based on nationality (which is unconstitutional).



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