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  • soljabhai
    12-14 09:45 AM
    good post. and good find.





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  • Ramba
    05-01 05:30 PM
    Seriously I don't care - my personal opinion that in this particular case it is none of our ( India's ) business to meddle in Sri Lankan affairs when they are on the verge of getting rid of a menace they have . Terrorism is not a solution of anything . Only peaceful times can bring happiness and prosperity.

    Really? Then why did India meddle in Pakistan affairs and liberated East Pakistan (now Bangladesh) in 70s? People should post only after reading complete SL history and how minorities were suppressed. One point of time GOI supported and funded and trained LTTE. The problem for India as well as Sri Lankan Tamils is lack of strong/tough/clever leader like Indra Gandhi. The problem for SL tamils are the "ego" of Prabakaran. He himself wants to be a only leader and not yielding to anyone and not willing to compramise. The LTTE is necessary evil to solve this issue. Without them, one can not find a peace solution. Though, they did lot of mistakes and criminal activites, they needed in negotiation. All political parties in TN and GOI is playin drama in view of election. It is so pain to watch the situation of the innocent peoples trapped in this war. If India, would have stepped in long back, lot of innocent lives would have been saved.





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  • wandmaker
    07-22 02:16 PM
    See, we need to understand, life is a Lottery. No place for Logic. USCIS LOVES lottery...after diversity visa lottery, they are also doing LOTTERY for H1 now, and one day if they like the idea of doing LOTTERY, for EB cases, they might throw away this all mambo jambo of EB1,2,3/PD/RD/ROW/IN/CH...and JUST DO THE LOTTERY!! After this post, I will go buy a Californial Lotto...;)

    :D





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  • syendu1
    01-14 06:43 PM
    well, the people who are in eb3 and cannot do anything about it, for reasons that you quoted, i agree, it is a pity. but, you know what, "life is not fair".
    Yes life is not fair but when we get a chance to be fair we (And that includes me also) let it go by.

    it is a good thing u worry about others, and want to help them. however, when u look at those bills you mentioned and none getting passed. yes, it may look like a waste to do anything. however, we need to keep trying. with the limited resources we have, i think we should focus on "things/bills/issues" the IMPACT most people. doing something only for eb3 or eb2, in my opinion, would be even more difficult, given the progress legal immigration has made in this country. so, may be, u cud help in getting the things done that impact more people.
    What i porposed was doing something in the DV bill for badly retrogressed applicants (There wil be no reference to EB3 or EB2). Now the fact that this might help EB3 is because EB3 is the most badly retrogressed section.


    and it is ur decision not to go eb2 (even, with the resources you mentioned). have to admit, thats strange. may be u r like me, who is not obsessed with a gc. however, we live in a society, in a system (however flawed it may be), and we all try to live by those rules, try to use opportunities that are available legally and make our lives, a little better.
    You know what i was tempted to do EB2 but my sense of right and wrong prevented me. My mess up the already loaded and unstable system with another app when i already have one. Now for persons who are in EB3 (Please remove me from the equation) are thier not because they wanted to but because of the way thei whole immigration crap has evolved. Sure porting will help me out and i wil not need to justify this to anyone else but i will have to face myself. I know most people do not get it. It is doing right.

    i came to this country in 1999, i have a MS, PHD from a reputed Comp Sci program. Many people who (still) dont know much about Computer Sci. came into the dept, got their MS and have been very successful, making tons of money. i am a guy whose bs, ms and phd is in Comp Sci. i think u will find may 2 or 3 guz out of may 10, who have a degree in CS, particularly in the undergrad. i used to be very mad at all the electrical, mechanical etc guz getting software jobs. i used to hate almost all software professionals coz i thought i had to work very had for my ranks, on my gpa and on my degrees and see there are people who are making as much as i do, with none of that. slowly, but surely, i have come to terms that "life is not fair" and then, what if fellow human beings can get good jobs, whats wrong with that?? is how i started to see it, (as long as they are good enough).
    No comments there i agree with you

    what i am trying to say is please think in a global scale and help solve issues which can impact the MOST number of people and not just a minority. coz, the exceptions u stated, will be there for any issue.
    Global scale. I thought we were on scale of US. Please let me correct you EB3 is not a minority but a Majority in the EB community. just because a situation is not worth helping is not any reason to not step forward. I personally feel that IV can do something which will help EB3 because that i sthe only category which has no help from anyone. As for EB2 i have no grudges against them . You got your GC or will get it soon and all the best of luck to you, but if something can be done for EB3 it should be

    Jai Hind

    well, it is noble to do what is "right" and to always stand for it. but, i dont believe for a second porting is "wrong". u wouldn't agree though but u dont have problems when others port. i have no argument about that.

    people r in eb3, not becoz they want to. sure, i agree, given a choice, everyone will pick eb1. however, the question is, why have they been put there?? nobody forced them to. u dont qualify for other categories, u deal with it. (there may a few exceptions to that). so, i wud not feel really bad for people who had to be in eb3 (cud be lack of need qualifications or any other reasons, even things out of their control). as i said "life is not fair".

    i think it is global, aren't there ROW eb3 people who are retrogressed as well. now, u may have a point in saying that eb3 is the majority. isn't that the case anywhere. take a look at the train (first class- few people, second class - more, general -- a lot). pls dont take this example as derogatory, becoz i dont mean it that way. my intention is usually the most generic category (that which may apply to most people) is most crowded. so, doing something wud probably impact a whole number of people--which means yes, anything possible that somebody can, should and must do.

    however, that and being ahead in time, cannot be used as the only reasons to bypass eb2 and service or even share with eb3 (i think this was something proposed by some eb3 folks on this forum), i wud not agree. there were some other suggestions too, that i thought was not right. and i have already talked to you about my logic as to why.

    i just thought working towards something that applies to "ALL" would be the way to go. But, I can kind of see your point too. Best of luck in whatever you do.

    Finally, I did not answer your reply promptly as I was on my way back from work and I replied the first chance I got. (now, i'll go watch social network and relax, i have family visiting me). and thanks for wishing me for my gc. i wish the same to u.

    Jai Hind



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  • ChainReaction
    10-19 11:37 AM
    You are right. You are allowed to stay 3 years out of last 5 years outside of Canada. Your PR should still be good.


    one exception is if your spouse is a Canadian citizen or if you are working for a Canadian subsidiary (I am not sure if it has to be a governmental ).





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  • alterego
    12-13 05:14 PM
    This problem has arisen out of a desire for the labor but not wishing to give the immigration benefits due to concerns which are not always convenient or comfortable to state.
    If H1b was also a quota system, this would all be a moot discussion. Since it is not, and we have an unlimited L1 program we have this situation.
    A few points are truly ridiculous. Anguilla with its 5K citizens has the same quota as India or China? How does that promote diversity. If every Anguillan applied in EB their quota would not get filled. Yet India has more diversity of religion, language, caste and virtually anything else you can imagine except perhaps ethnicity, arguably it has more diversity than Europe.
    The worst insult in my view is EB immigration being quota based in a so called meritocracy. Either you are a meritocracy or you are not. If you want to promote diversity, then you can do so in FB or diversity category or something like that. If you really want to promote diversity then, you can argue this country already has enough people of northern European, German, Irish, Italian ancestry etc.
    Which brings me to the main point, which is that it may be inconvenient, and it may be uncomfortable to say, but immigration(of all types) has, does and perhaps for the foreseeable future will have racial undertones.
    A constitutional challenge will invariably run into the issue of aliens not having the same rights as citizens since no other argument can realistically hold any sway.



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  • jkays94
    05-11 09:57 AM
    E3 visa is not enough reason to move to Australia.If ultimate decision is to come back to US ,then Canada is a better choice.
    Lot of couples are there who are both on H1-B visa here, their GC plight is also same

    The company I work for has an office in Sydney, Australia and recently opened one in Toronto but it is not fully operational. In such a case E3 might work better than Canada PR since it takes 3 years to get Canadian citizenship and 2 years to get Australian citizenship and one could potentially retain the US job if one manages to strike an arrangement with their employer. Also this option might work better for those whose home country is close to Australia (eg Indonesia, Singapore, New Zealand etc). Also note the benefit of the E-3 is that one's spouse can work without restrictions and it is indefinitely renewable while the TN's spouse is not allowed to work. They both have pros and cons. Geographically and culture wise (ie way of life) Canada makes for an easier transition back to the US. Personally I have applied for the Canadian PR for the reasons you cite.

    Edit: Note that it now takes 4 years to become an Australian Citizen per ZCool below. Thanks nozerd and ZCool.





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  • unitednations
    02-18 08:20 PM
    I don�t get the point? If somebody comes here on visitor visa and files for 485 or people here illegally flip over to EB blah blah blah then you fix the loophole, you just don�t kill the 485 measure. If you have a brain tumor then you surgically remove the tumor. You just don�t cut of the head. Your solution to oppose 485 seems similar to that. What about the people who have been waiting for for a couple of years to get the labor and I140 cleared and cannot apply for 485 now, If you get laid off without 485 you don�t get AC21 provisions to get a similar job and the whole process is gone down the drain. Why are you worried about somebody who might do something in future when you don�t even want to bother about the people who would benefit from 485 measure right now and right here?

    As you yourself suggested people from India (eb2 and eb3) should not worry about looking at Visa bulletins for the next 10 years because at current pace it will take at least 10 years. There is no company in USA in technology field which will keep you in the same position for 10 years. And you are opposing 485 on some loophole, so if I am reading between the lines people from India who have not yet applied for 485 might as well pack there bags and go back to India. Thanks a lot for your delightful insight!!!!!


    Don't shoot the messenger.

    A couple of studies came to mind recently that don't involve immigration.

    In Florida there was a plan over 30 years ago to build an artifical reef by planting 2 million tires. Seemed like a good idea but didn't serve its intended purpose and did the exact opposite. Now, 30 years later the person who pushed to do this is saying it was a mistake. There has been so much damage caused by this and now 30 years later they want to fix it. It wasn't studied enough and it was implemented and became a disaster.

    In 1999 at Laguardia airport there was a push to allow smaller airlines some space at the airport; even though the airport couldn't accomodate more airlines/flights. There was strong opposition but they did it anyways. Since then; it takes more then 45 minutes from the time your flight leaves the gate to actually get airborn. The flight time from Laguardia versus into Laguardia has a differential of almost an hour. Now; eight years later they are going to try to fix this. Even though it has been a problem for this long. Wasn't studied or thought of carefully enough.

    ---------------------------------------------------------------------

    Some people are of the opinion that people who have EAD and 485 pending should just shut up because they are enjoying the benefits of it. Well guess what; some of the biggest whiners are the people who have 485 pending but still want to do priority date transfer; are afraid of job loss; are afraid to change jobs, etc.

    Becuase of country cap of 7%; someone filing from ROW in eb3 in 2007 will get ahead of you in line; even though you are from india and a priority date in 2001. Currently, the limitation of ROW people is that they haven't designed a system to get h-1b so they will try to go the b-1 to greencard route.

    People who want to get citizenship badly. Once they get citizenship; what is one of the first things they do? apply for parents greencard or find a spouse and file their greencard (no waiting). For people here on h-1b or greencard and they want babysitters they get their parents on b-1 and try to extend, etc., but eventually parents have to go back. Now; without priority date being current they also come into the stream by filing a labor 140/485 while they are here.

    therefore, you may have a 485 filed but if it is going to take you 10 to 20 years to get the greencard; can you hold onto a same/similar job for that long? Do you think the next step of increasing the quota will come in six months? See my example of Laguardia airport; flight jams since 1999 and now eight years later they are going to decide to attempt to fix the issue. I used to be a frequent traveller and i can't even begin to tell you how inconvenient it is for business travelers to have that type of wait.

    To give you an example; I will post an example of someone on visitor visa trying to get greencard (note; this was a personal e-mail that was sent to me;just in case there are doubters).



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  • Kodi
    05-02 09:38 AM
    I'm surprised admins are letting this thread continue.

    All those who think that the rest of the word should get involved, where were you when the LTTE bombed colombo in numerous occasions? Used suicide bombers to kill innocent civilians. The rest of the world watched and didn't get involved. You had 30 years to provide a solution to this war. Now is not the time to get involved. Sri lankan gov is finally taking matter into their hands and its high time. LTTE is a terrorist organization that's banned in the US/UK and all over the world. They should not be supported. Its sad that tamils are stuck in this situation, gov is doing eveything possible to get them out of the area but its their own so called leader that's refusing to let the people go.

    For those that say tamils are discriminated.... think about this.

    About 50% of tamils live in other parts of the country in harmony with sinhalese, muslim and other ethnic groups and can conduct business. Tamil children can get education in any of the schools and universities in any part of the country unlike sinhala/muslim kids. Children get free education in the country. Sinhalese are not allowed to attend universities in the north and east. All the sinhala/muslim people were chased away from the north and east where as tamils can live anywhere in the country without any discrimination. If LTTE is providing tamils a safe heaven why did they move out of the north.

    Tamils can join the parliament if they're elected through an election. Lakshman Kadirgamaris tamil and held a prestige position in the parliament as the foreign minister but was killed by the LTTE. Look at Muralitharan, wold class bowler. How did he excel if tamils are discriminated. He came from one of the elite schools situated in an area where majority is sinhala/muslims.

    Tamils are not the only ethnic group that was required to carry national ID at all times in colombo. All civilians in colombo, including sinhala and muslims are required to carry IDs with them. I was stopped more than twice at check points and I had to carry my passport with me at all times since I've misplaced my ID.

    And the list continues....

    I can go on and on but I'll rather not. I didn't want to reply to this thread but finally it got the better of me. Each country should take care of their own matters.





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  • somegchuh
    10-17 02:20 PM
    I wouldn't worry too much about getting a job offer before getting there. In fact I would suggest take your time to relax/look for jobs/business opportunities when you get there. You will be a PR and will have plenty of opportunities if you are not in a field requiring a license. In fact, the best part about being a PR is the doors it opens. Consider whatever interests you and makes good money!
    I know several ppl who have landed in Canada and switched fields.

    I am finally moving to canada in 2-3 months. Deadline for landing is March 3rd 2007.

    I am done with US Green Card and can not take this stress any more. Starting to sell my house and other stuff soon.



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  • walking_dude
    02-14 09:37 AM
    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.

    hopefulgc - please dedicate some time and update your first post with more information on lawsuit, you may want to quote lazycis 's posts and other information.

    A lot of people may not be very knowledgable and may backoff when they see the word "lawsuit".

    Those who are saying YES on the poll - it is assumed that you will not backoff - if you have not yet updated your profile on IV - please update your complete profile - this will show that you can be counted on.





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  • django.stone
    06-15 02:05 PM
    dilip,

    i am not debating you point of view, in fact i agree that with the darwinism concept and hope the down economy brings gc to good & talented folks. your rollercoaster ride was from Mar 2001 to May 2003, about 2 yrs. in the current scenario people are waiting for 8+ years and most of them like myself at least 3 yrs. the situation is indeed different this time around with labor substitution, L1, porting etc. causing delays for earlier people, that's why you see more venting this time around.



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  • hiralal
    06-04 07:00 AM
    An easier fix would be to accord a FINAL status for a pre-adjudicated application. USCIS should not/cannot issue an RFE on an application once it has been accorded a FINAL status. The new status FINAL should be visible online and a formal document should be issued to the applicant stating that the application has been accorded a FINAL status.

    This is easier to get done rather than an iterim GC. Applicant gets the peace of mind and can go around buying houses, changing jobs etc whereas it is just a procedural change for USCIS.
    I agree ...giving a FINAL status would help everyone ..even USCIS ..as once they process the case, they don't have to look at it again.
    and they can deport those who have broken the laws sooner ..can we have a campaign on this ? let us start with something small atleast ...
    I wonder why the USCIS director did not mention this during congress hearings ..I guess no one cares about immigrants :)
    ---------------------
    ALSO I wonder why AILA and Murthy don't come up with such ideas when they meet Charles Openhiem ???? obvious answer is that it does not help AILA in anyway ?
    --------------------





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  • immigration_indian
    07-04 01:43 AM
    I sent it to CNN I REPORT

    Thanks



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  • msp1976
    02-13 04:04 PM
    This is why I mean USCIS/DOS was lazy. If there is total visas for the year (hypothetical 160,000). then only 40,000 are available by quarter. If there is 50,000 applications in the que then there is retrogression. Remember if there is more demand then what can be approved by quarter then retrogression.

    So what this means is that if there is 400,000 approved I-140's but only 300,000 greencards then 7% limit would apply because there are more people in the que then what can be approved by quarter. Therefore, ROW people would still be able to file throughout the year and then whatever is left in the fourth quarter that ROW hasn't used then it would spillover. Therefore, it would still give ROW people to continue filing and taking the visas while the 7% countires have to sit and wait for breadcrumbs until the fourth quarter.

    In the first three quarter the 'heavy' countries(India/China) would get numbers until the 7% caps hits and in the fourth quarter they would get the big chunck...

    If the law contains a 'continous recapture' provision( anything not used this year get recaptured again immediately for next year...) then it would not be long befor e all categories become current....By the way 'continous recapture' is one of the IV goals...

    Pl. Correct me if I am wrong....

    Now I have really started to appreciate the IV goals listed on the front page.....
    IV core team have gone through all this junk long before we got started and the goals take care of every point raised until now....





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  • Desertfox
    09-23 04:06 PM
    Nixstor,

    Thanks for the brilliant idea, but I have a question about the draft. Is it really necessary to mention that 20% downpayment clause in there? I am a non-IT (manufacturing) EB3 applicant making half the salary you mentioned in the draft, and I bought a house with a 3% downpayment on a FHA loan. However, I have an excellent credit and I don't foresee myself in a foreclosure situation in the near future. I dont know if there are many GC applicant with my profile, but aren't we helping the housing market by buying a house?

    Anyway, I will support every initiative that has the remotest possibility to remove one person in line ahead of me.



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  • texanguy
    10-01 07:14 PM
    in the next 10-20 years, US needs steady stream of educated young working population(say 25-40 yrs olds) to take care of all the commitments of social security and medicare. Babyboomers will soon outnumber the younger generations. immigration is a need for US now more than ever in the known history. employment based immigration is definitely going to increase/needs to be increased at any cost.

    Democrat,republicans,obama,mccain no matter who comes to power, there are good days ahead for EB immigrants. all the trouble that we face today is a result of pandering to the nativist base of the country before election takes place. Once in power, things will change for good...





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  • Kodi
    05-25 11:13 AM
    Is there a site that gives step by step instructions to filing for canadian PR? Like what sort of documents you need and when?





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  • poorslumdog
    05-03 01:23 AM
    :D:D:D

    This reminds me a hilarious movie Burn After Reading!
    I am almost rolling on the floor here...

    Should I say who supports Prabhakaran here are LTTE or LTTE sponsored ? I don't think so:D:D

    You are the only one talking about LTTE or prabaharan. No one cares. Others are talking about civilian..do u know the meaning for that.





    samay
    07-28 04:12 PM
    Question for Lawyer or Senior Members of Forum:


    Dear Sir/Madam,

    I myself is currently in H1B and my wife on H4. We both have EAD and AP which we�re never activated since we had our H1 and H4 and my wife has not started working.

    She should be starting work very soon and hence we would like to renew her EAD and AP. Also as part of her new job she needs to travel oustide US. So the question I had is whether she can travel outside US on her currenty valid AP with the application for renewal of AP/EAD in processing with USCIS.

    Thank You All for Your Help

    /COLOR]

    Regards,
    Josh

    [COLOR="Blue"]
    Yes -so long as the AP is still valid.





    lazycis
    02-14 09:23 AM
    http://www.immigration.com/litigation/I-485_litigation.html

    Read
    this
    http://www.immigration.com/litigation/I-485/Plaintiff%27s%20Supplemental%20Memorandum.pdf

    this
    http://www.immigration.com/litigation/I-485/Defendant%27s%20Supp.%20Memorandum.pdf

    and this
    http://www.immigration.com/litigation/I-485/order_class_denied.pdf



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