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  • walking_dude
    02-13 11:13 AM
    This theory that 'AILA/AILF lawsuit threat overturned July VB' is out of touch with the reality. Threatening lawsuit was bad for AILA. They were not involved in the discussions that finaly resulted in reversal. IV was a participant but AILA was not.

    We shouldn't repeat their mistake. The moment IV files a lawsuit, USCIS will stop discussing with us. We will be off the discussion table. Only place they'll talk to us will be in the courtroom. We also shouldn't forget the pressure applied by Congresswoman Zoe Lofgren on USCIS and DOS. She was ready to wash their dirty linen in public. No doubt, she was influenced by rally in San Jose - which happens to be her constituency.

    3 year EAD/AP, AC21 interpretation are rules that USCIS makes, there's no way a judge can dictate what rules a government department should make. You wrote "there is nothign to lose but a lot to win" . Like someone pointed out we won't even be recovering 10k -20k spent on it, even if we win. We'll be getting into a case which has no chances or very slim chances of winning.

    If we lose the case, there's no going back to discussions with USCIS. They won't be entertaining us after we sued them. It's a grave risk you should understand. I feel tired at having to explain it the Nth time to some of you who still consider AILA as a messiah. Nothing happens because of just one factor. It's a combination of several factors that ultimately produces results. There are no silver bullets that fix every problem. Its the reality.



    it is the threat of a massive lwsuit from immigration lawyers association that made uscis backtrack and open up july 2 filing..we are all benefeciaries of that.

    itz not our flowers or the rally that did the trick it is the threat of lawsuit.

    if we consult lawyers we can check if we have a case and on what grounds. even f not anything else we may win on things like 3 yr AP relaxed ac21 rules etc. these are operational policies and dont need congress. USCIS can change these rules.

    there is nothign to lose but a lot to win.

    we can even appeal on the grounds that USCIS policies led us in to a bonded labor situation unable to change employer , foregone career choices and income potential..etc.. this violates the concept of free will and just labor practices. Many rules in AC21 and AP still try to tie us down to the employer who has already enjoyed > 5 years of our hardwork.





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  • ramus
    07-03 04:06 PM
    Anybody have any contact with NPR.. Can we just 10 mins somewhere..





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  • Picasa
    07-27 03:08 PM
    If you are making lot of money "more than $115". Please donate it to IV.

    I get good monthly checks every month (more then $115), and they don't seem to bounce either. And good thing it increases. Don't need to google anything while I can get from credible sources.





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  • NNReddy
    04-03 01:12 AM
    1. Mayawati.
    2. Sharad Pawar.
    3. ManMohan Singh.

    one of these for sure



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  • life99f
    06-27 12:25 PM
    I just asked my attorney this morning. She thinks it is possible. She got a
    note reagrading the EB-3 category two weeks ago...

    ===>EB-3 Other Worker Visa Availability Update posted Jun. 15, 2007

    USCIS has informed AILA Liaison that the State Dept. has advised that the EB
    -3 Other Worker category has been exhausted. USCIS HQ has informed the TSC
    and the NSC to reject EB-3 Other Worker adjustment applications even though
    the June Visa Bulletin shows visa availability. AILA believes this
    instruction is contrary to 8 CFR 245.1(g)(1) and has raised the issue with
    USCIS HQ. Watch InfoNet for further developments.





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  • walking_dude
    02-13 11:33 AM
    Amit, noble thoughts. But that's not how majority of IV members think. We have members who think $50 contribution per month is too much. There is considerable opposition to making IV a paid forum (with even nominal fees of $10 or $20).

    Do you think we can get 500 members ready to contribute $500 here? Create a poll on this and see, you'll be lucky if you get 20! Like Jefferson said "those who prefer convenience over freedom and liberty, deserve neither". We are bound to suffer since we aren't ready to act.


    I think every body who wants to have a class action law suit should commit for $500 towards the expense. Only when we have commitment for $500 with person name and contact info, then we should move forward with the idea of Class action law suit. We need 500 people to commit for this otherwise there is no point in moving forward in this direction.

    There might be some people who will be willing to pay money but not listed as participant, and visa-versa and we should have at least 500 people who are willing to pay.



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  • satyasaich
    01-14 09:56 AM
    My take is BODY SHOPPING is killed.
    H1Bs can work at direct employer or as an employee of direct vendor at off site.

    No more small consulting firms sending resumes to direct vendors. May be in long term its good for H1Bs.

    Mostly Desi consulting firms will get hit. Outsourcing companies like TCS,Infosys are direct vendors to big clients. They will OK ..

    Not just desi consulting co's who makes money just by passing on resumes with a status of 'preferred vendor' / 'partner' etc; but also just look what the big names like Tek systems, Kforce, MOdisIT etc are doing ? they also should be brought to justice in this shameless game of layering / commission based on business . just do not blame only desi co's
    needless to say worst business practices of big 5 from india and i'm not supporting them in any manner, but my point is these american blood sucking layers also should be gone.





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  • vdlrao
    07-21 02:26 PM
    http://www.dhs.gov/xlibrary/assets/s...PR_FR_2007.pdf

    Link for U.S Legal Permanent Residents from 2005 to 2007.



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  • gcisadawg
    07-17 12:09 PM
    DOS (or any government agency for that matter) cannot interpert the law differently for each year. One law and one interpretation. It can't follow the different set of rules when implementing the law each year. Initally, INA was designed to follow vertical spill over (diversity was important than preference catagory). But, AC21 law ameneded the INA to force the DOS to implement horizontal spill over (preference catagory is important than diversity). However, DOS was still follwing verical spill over evenafter the AC21 act till 2006. If DOS followd the law correctly, EB2-I and Ch would have never been retrogressed since 2005. Lucky for DOS, no one has challanged the DOS. Now they realized the mistake and follow the law correctly. They follw this till if congress changes the law.

    Yes, horizontal spill-over gives preference to EB Category. But the vertical spillover didnt promote diversity. It just ensured that the applicant with the oldest PD was allotted the first available spill-over visa number irrespective of his EB category or country of origin. This just ensured that someone doesnt wait too long. as you know, most of the vertical spillovers were consumed by EB3-India and china. Then, how can it promote diversity.

    to make it simple, here is my understanding

    Vertical spill over --> PD precedes EB category and Country of Origin
    Horizontal spill over --> EB Category precedes PD and country of origin.

    Thanks,
    gcisadawg





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  • GCDream
    07-03 08:40 PM
    Dugg 159

    http://digg.com/politics/No_July_4th_Celebrations_for_Highly_Skilled_Future _Americans/who
    Comment also added



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  • harikris
    06-03 10:12 PM
    Applicant gets the peace of mind and can go around buying houses, changing jobs etc whereas it is just a procedural change for USCIS.

    Who said you cannot buy a house on just h1b? Or change jobs while on EAD? Such would be their defense for the argument above.

    Peace of mind, my friend, does not comply with the objectivity of the argument. Also, it's very subjective too. People that have H1B, would be peaceful if they get their I140 approved, people that have GC would imagine how peaceful it would be if only they had citizenship.

    The incredibly long wait to process the backlog is simply not acceptable. With a professional shelf life being 30 odd years, one cannot afford to spend 50% of that time just waiting to be integrated in the system. Numbers don't lie.

    As i have been saying - introducing reform bills and converting them to legislations is our only way, right? Let's put these numbers together as a motivation for the reform bill and seek solutions.





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  • sledge_hammer
    05-29 11:30 AM
    Yes it will, unless there are more EB1I visas which could spill over to EB2I, in which case EB2I will move ahead of EB3I. But that guy has also said that the spill over may not happen because of the demand for EB1I.

    Its just unbelievable that EB2I and EB3I (i.e. the persons who have PD when the numbers were calculated) will have to wait for about 19 years to get their GCs. We HAVE to do something about this.

    60K EB2-I and 60K EB3-I pending so far. Does this mean Eb2 and EB3 dates will move together from now on for India?



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  • gc1024
    07-24 02:59 PM
    Whys is India never an option to go back? After all, the economy is booming isn't it?





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  • logiclife
    05-10 05:04 PM
    I am talking from a broad perspective, not IV's goals.

    IV never had a goal of asking for a points-based canadian model of EB immigration or asking for self-petition system where EB applicants apply for greencards independent of employer. Even if we want and ask for it, it would never happen - for the very reasons I mentioned above. Firstly it would oversupply the workforce with people who may or may not fill jobs and secondly the protection of native-born cannot be achieved without employer-petition that involved labor cert.

    So politically, its almost impossible to get rid of employer-petition for all EB applicants. Maybe STEM/PH.D etc candidates will get a shot at such a provision in near future, but not everyone.

    And like I said, the current system has its problems but point-based self petition is not the answer. And we are not singing a new tune. We are working hard beyond our capacities to get the same amendments introduced again that were introduced on April 7th by Senators Brownback, Alexander and Bingaman.



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  • shukla77
    05-29 04:38 PM
    Following is my small idea

    -Let us only 100-150 people work on this. More than that is unlikely among us united high skilled immigrants:)
    - Send 5 letters every weekend.Send one letter to president and 4 to different senators/House of rep..Not email but regular mail.
    -continue on this for next 3 months
    ( Key is to keep doing this every weekend 3-4 Months)



    To start with i suggest on having a separate quota (not counted towards 140,000) for Masters/PhD students. That should ease most of the pain.

    If anybody has other bright ideas, feel free

    Channel your outrage on a positive action item





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  • webm
    02-12 12:51 PM
    Looks fresh and some positive movement for India EB3 ROW..this time atleast...:)

    Go India EB3 Go...


    Thanks to IV...


    ---------
    PD:Oct'01



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  • diptam
    07-04 12:07 AM
    Agreed !!

    These days i'm driving back from work instead of taking the Train/subway because my client location changed and i built this habit of listening to
    Talk radio by guys like Howie Carr , Michael Savage etc.. ( WRKO 680 at Boston) and they really influence Public decision....

    They were beating the s*** out of Bush, Ted kennedy because of CIR ( atleast verbally ) and calls after calls were coming from local american Public...

    But our story may not be very interesting for Locals - so talk radio probably won't take it up as a Topic ???

    Yeah seriously. Do you know that a lot of talk shows and their hosts have played a significant role in pulling CIR down? If they can do it, we can do it too. Go ahead and digg the stories





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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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  • ita
    03-30 10:56 PM
    To the person that gave me Red comment-to the post subject: why talk lies?

    Did you read my post ?I said at the end of my post in bold that I believe human beings are all equal not matter what group they belong to.Where did you infer from that I hate minorities and I feel me or some group is special?

    You want to let your anger/whatever dim your senses it's up to you.Don't attribute things I didn't say to me.





    kaarmaa
    10-21 02:08 PM
    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.


    I hear ya.

    IMO, the dates need not be 'current', they should be not more than 2 years back. For e.g, right now, the PD should be Oct-2007.
    Oh no, I dream too much :cool:





    hiralal
    06-12 10:33 PM
    since we are not having any campaigns to help ourselves ..let us have a campaign to expose the L1 / EB1 visa / GC fraud !!



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