Thursday, June 30, 2011

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  • belmontboy
    05-29 06:37 PM
    I have been saying this for the past one year, let us forget everything else, let us not come up with new rules or ideas or suggestions (new quotas, fraud detection, sue USCIS fund, exteneded APs etc). Focus all our energies on the one issue that will help everyone from all affected countries....Recapture of Unused Visas.

    Recapture campaign will not divide us in EB 1 Vs 2 Vs 3 or countries. Over the past year a number of people have quit because of the bickering.
    Recapture has a precedent because it was approved by Clinton earlier.
    Recapture is free of country caps and it does not affect the existing visas. Murthy's article mentions that 120k are stuck in limbo and we know that there are around 400k visas available...i dont know what more motivation people need to fight for this issues.

    On our own each one of us can do the following:
    a) Try to arrange a meeting with your congressman and senators
    b) write a letter to all members of the Judicary committee

    after that do whatever IV tells you to do

    If its recapture, then so be it.
    BTW, 120k is just indians. What about chinese, mexicans??

    instead of try on our own, why don't we group ourselves - as someone suggested 100-150 should be good enough.
    Lets group and mail president, chief of staff, your local senator, and few others (who favor legal immigration).

    can some good english pundits draw a sample letter highlighting our cause and need for visa recapture?

    Also lets have a poll and get list of participants.

    The plan shall be mail one letter to each every week. All it would cost you is a printout, an envelope, a 42cents stamp and 5 minutes. Its not too much asking though

    Any body has better suggestions?





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  • 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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  • reddy77
    09-23 02:10 PM
    Yes, mine was approved a month back without any hassles and bought the home ....

    Has anybody really tried to get a mortgage recently? I have been denied by 8 lenders so far simply because I don't have a green card. Most lenders have tightened their underwriting guidelines. They will give mortgages only to U.S.Citizens or somebody who is a permanent resident aka having a green card. There are very very few lenders who will give mortgages to somebody on a visa and the rates may not be very favorable.





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  • PlainSpeak
    01-14 12:24 PM
    If you don't believe what IV does, why are you wasting your time here....I see that you are totally jobless....
    why are you wasting your time here....
    I DO believe in what IV does. Why do you think i am here trying to change the mentality of the abusive corase minded people out here. So you see my friend time here is not wasted

    I see that you are totally jobless....
    Ahh my friend should not job does not concern you. Instead of worrying about my job what you should be worrying about is the dsiscussion and what are your opinions and remember i am only looking for commnets on teh issue at hand. Anything else is not worth anything but ia m sure you are going to ignore the advise. Seriously please clean up your mind



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  • dilber
    07-15 07:25 PM
    For first quarter EB2 India will have 1/4 of 9,800(7% of 140k visas), which are 2,450 visas. I wonder
    how u got 800 visas. I dont see much retrogression in EB2 dates other than some mild ones. And the dates move pretty fast on a whole.
    About EB3: it wont be like now all the time. The Immigration reform bill wont keep failing all the time. There would be a time for it to pass in the next two years. As soon as it passes all our Employment Based categories, specifically EB3, will get greatest benefit with PDs almost becoming current.

    Vdlrao:
    First of let me congratulate you. You have been amazingly accurate time and time again about the movement. Do you have some internal sources:rolleyes:
    Jokes aside I think you miss calculated the 2450 visas for the first quarter for the EB2 India. I think the 7% country limit is on a state as a whole including EB1, EB2, EB3, and others. So going by this India gets 9800 visas for a year without any spillovers. The spillovers happen in the final quarter only so for each of the first 3 quarters EB2 will get 28 percent of one fourth of 9800 and the same amount will go to EB1 and EB3 as well. so EB2 I gets 686 visas. But I agree with you that in the last quarter EB2 I will move very fast because it will get all the spillovers from EB1 and EB2 ROW..





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  • swo
    07-13 10:46 AM
    I have no doubt there is high literacy in parts of India. I mentioned Canada's literacy rate in response to a poster's reference to "illiterate Canadians". A poster, who ironically, in that same rant struggled to write a well phrased sentence.

    I understand your point, but to me "A good place to live", DOES encompass "a good place to realize your ambitions". It's just a matter of what those ambitions are. Ambitions area not always 100% material. If your ambition is to enjoy a solid income by the ocean in good weather, Toronto cannot offer that. But if it is to create an IT fortune, Cairnes, Australia probably isn't the right place for you. "Good" is different for all of us.

    The indexes mentioned are just a loose measuring stick that compare a bunch of safety, infrastructure, health, lifestyle and opportunity assessments and try to apply some metrics to them. All I'm saying is, there's good and bad everywhere, and Canada, always rates highly.

    Like you however, I'm here because I like it here. Frankly, after Canada, the weather in California is too hard to give up :)

    In the end, as you say, it's all objective.

    I don't know much about Canada, but wanted to point out that the Indian state of Kerala also has one of the top literacy rates in the world. And an excellent healthcare system. (Apparently, the expected lifespan of a Keralite woman is longer than that of women in the developed world. And something like 94-95% of babies in Kerala are hospital delivered.) Also, Kerala pays unemployment benefits to educated-unemployed youth; much like Canada. (See wikipedia or google for sources and citations.) Yet, Kerala is certainly nowhere near the top of the list of desired immigration destinations; in fact, Kerala likely has the largest proportion of natives working outside the state.

    "A good place to live" does not necessarily translate to "a good place to bring your ambitions to life." (E.g., Kerala also has one of the highest suicide rates.) That's my point.

    Anyways, good luck to those who want to move to Canada. IV is all about helping us work on our legal immigration to the US. So I don't think this is the appropriate venue for those who want to go to Canada.



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  • ujjwal_p
    05-11 05:00 PM
    I completely agree with you.

    As a Tamil, I too carry the Indian passport with shame and can't wait to see the day when I become a US citizen.

    Let me be the first to say, all the best to you to get the US citizenship fast... and more importantly good riddance... And all the best for Americans to get a model citizen like you. By the way, I hope you do know about the oath you need to take to become an American. Hope you do that sincerely and are not narrow-minded then.





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  • lahiribaba
    10-09 05:32 PM
    china an economic superpower..;-)..good joke..

    China is not a superpower economically? you must be still in your 1980s time capsule ... in a few years China will definitely have as much economic clout as US...and FYI there domestic consumption is now big enough to sustain them.

    It is not simply that...immigraion is not always abt economics..its more and beyond... the US vision of a global melting pot has nothing to do with purchasing power of educated immigrants....

    Yes immigration is not about economy only but a vibrant economy is the direct result of infusion of more skilled human resouces. Since you are in a self imposed time capsule my friend let me remind you it is not about being a melting pot anymore it is about being the salad bowl where everyone preserves their own identities yet affirms to a common goal. It is prehistoric to still not link vibrancy of economy with immigration. Like President Bush said "When immigrants assimilate and advance in our society, they realize their dreams, they renew our spirit, and they add to the unity of America.
    ".. It is time that folks adjusts themselves to the new world reality.

    every desi here thinks he is that elusive golden goose..that the US govt has been waiting for...and to prove that they are ready to shove their hand up their arse and pull out the golden egg and exchange it for a piece of card..:rolleyes:


    I did not recall mentioning anything about your favourite fairy tale of a goose and a butcher and some eggs. My point is that this economy can be fixed by letting the aspirations of legal immigrants run free which include setting up businesses , raising families , buying house etc. Yes the GC is a way to free those aspirations.


    i dont know who your financial advisor is who is suggesting that u buy a house in an economy that is in recession..:mad:

    Well it is upto someone to see the glass half empty or half full. There are lot of people who is of the opinion that it is a great time to buy .. buy low sell high .. that is the mantra.

    btw..thanks for those red dots..

    No freaking idea what you are talking about.



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  • johnmcdonald98
    04-23 01:48 PM
    I work for this company and I moved to the different state. Now my company has approved labor from the state I was before in with similar job as mine with similar degree as mine. What do you guys say, should I go for substitution? Lawyer says that even though I am in a different state, he can apply for this, but if it takes more than 6 months, he will file state change and I will be ok. Worst case is, I have to move, but only when its approved. What do you guys say, should I go for it?





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  • ItIsNotFunny
    03-27 08:59 AM
    Hi All,

    I currently have an EB3 March 2003 priority date labor I140 approved with my company. Recently, I wanted to move to consulting, sothat I can get my GC converted to EB2 as the dates are only 2 months apart. I have asked my company if they are willing to take me as a contractor once I am out of the company and go to a consulting company. They said that it should be fine, but they said if GC is the only purpose, they can try to do something about converting my existing labor to EB2. It's a very big fortune 500 company and they do all their labors in EB3. My question is:
    1. Can I re-apply another labor in EB2 for a position that qualifies in the same company and can port the existing EB3 priority date? Has anyone done this in the past?
    2. Can I use any prior priority date approved labor in the same company, even though my EB3 I140 is approved with the same company.

    3. Can I move to consulting company and reapply in EB2 with existing priority date and work for the same company that has my current labor.

    The company legal counsel said that they would come back to me with some answers this week, but I want to get second opinion from all of you in this regard. I have my Masters in 2000 and MBA in 2004 with 8 years experience and so EB2 qualification shouldn't be a problem

    Any help will be greatly appreciated!


    Thanks,

    Yes, you can move to another company with existing priority date. You still have to get LC and I-140 approved from new company but while filing 485, you can use old 140 priority date.



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  • GCwaitforever
    02-14 03:22 PM
    http://immigrationvoice.org/forum/showpost.php?p=223326&postcount=124

    See the Judge ruling from Lazycis post regarding namecheck. USCIS has an obligation to use the numbers to the fullest extent.





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  • grupak
    12-13 03:45 PM
    Then fight for changing that constitutinality. Who made it? Why did they make it the way the made it? Slavery was supported legally way back.. If black community might have thought " They do not have a case" as somebody has created the constitution to suit their own need and "within the framework of that legality" "they do not have a case"... then still we may be seeing slaves around.

    I understand your point that we are not yet "citizens"... but for many fair practices society must not differentiate.

    BharatPremi, as I explained to at0474, I don't see how we can fight a law in a court (maybe we can). If a law is not implemented then we can get justice from the courts.

    For changing the law, we as IV lobby congress and meet lawmakers. This is a different issue from the intent of the OP which was to challenge the legality of country quota. Seems like country quota is within the law.

    I think even as non-citizens we can meet lawmakers and past experience (not IV related) suggest they will listen.



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  • unseenguy
    08-16 09:15 PM
    In 2000 December, I was travelling to Sydney from Mumbai Airport. I was held and later interviewed separately by a Tamil Speaking officer. Just because my name resembled like Srilankan Tamil. They wanted to ensure that I am not LTTE/or refugee travelling to Australia. Well, I was not offended. I just thought if these idiots have been careful before then would have avoided assasination of Rajiv Gandhi.

    Sure. If its done in a respectable manner its fine with some humor and jokes added and officer can do his part to diffuse the frustration. But CBP officers in US are rude and its well known fact.

    Indian customs officers are also no angels, Usually there is no profiling in India. I never ever faced a single question or treatment that was different than others. Nor did I see anyone being singled out.

    When you frisk abdul kalam when you know he is ex president. When you frisk george fernandes when he has diplomatic passport , when you detain SRK when others are vouching for it, when you handcuff Gates. Its profiling. Once in a while incident that is done in respectable humorous way can be forgotten, not the rude ones. I am sure officer was damn rude to piss off srk.





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  • Picasa
    07-30 02:15 PM
    Are you a Amway leech too?
    Here is a definition of Amway (and psaxena)
    An organism that lives in or on and takes its nourishment from another organism. A Amway leech(and psaxena)cannot live independently.

    Amway (and psaxena) diseases include infections by protozoa, helminths, and arthropods

    Wait a min , how much had you?? Your status is Member and Kaushal's is a Donor.. wait a min let me think who is donating and who is a FREELOADER here.

    The guy is doing something to make his life better, atleast making an attempt to do something better, why do you losers are trying to demotivate and shoot him down.

    No work is small or big , good or bad , work is work.. you wanna do it , just do it , else walk to out. Do not exhibit the desi attitude "I won't do it as what someone will say and also do not let any one else do it." Grow up.



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  • GCwaitforever
    02-14 04:15 PM
    [QUOTE=gjoe;223388]How many of us who contributed to IV mentioned that in the AOS application form I485. I guess you are supposed to disclose your affiliation to IV, atleast when you are a contributing member. If this is true most of us will automatically disqualify for a GC because we failed to disclose information truthfully


    I did! full disclosure....:)

    I could be a member of drink-raw-milk Club. Am I supposed to declare that on I-485? ;)





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  • logiclife
    06-28 05:04 PM
    In that AILA reference of EB3 others for june... DOS asked USCIS that visas are exausted..it wasnt USCIS directly jumping to conclusions.

    my 2 cents..




    Still, just because DOS told USCIS "Visas are exhausted" doesnt mean they should stop ACCEPTING new petitions. They can stop APPROVING new ones, but why stop ACCEPTING new petitions. Visa bulletins guide the filing as well as approval of petitions. If visa bulletins is current, then they can both accept and approve petitions.



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  • chintanop
    07-03 06:41 PM
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  • dixie
    05-10 05:03 PM
    even if labor market tests are the right way to go, there is no justification for the enormous bureacracy involved in the US EB system. Consider the time it takes to clear labor certification .. 4-6 months under PERM.Then why another 4-6 years after that to issue the green card ? If the person has already proven he is in a speciality occupation, why the additional bureacracy, and retrogression in the name of "diversity" ? Current policy just smacks of ambivalence.. immigrants are needed for the economy, yet the rules dont acknowledge their utility by offering a painless path to permanent residency.





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  • sidbee
    01-14 01:49 PM
    V true.

    Folks, the memo clearly empowers USCIS to crack down on consulting firms which don't have any in-house infrastructure (other than contractors) to execute projects.
    H1B is misused for a long time now by these firms and it was high time they put the screws on these "job shops" as they call it. Unfortunately some talented workers will get impacted.
    But if they are talented they will find opportunities elsewhere. Trust me on that. And better opportunities.

    Nathan is exactly right. These firms have created a mess by bending rules everywhere.

    Don't start speculating that USCIS is trying to throw out all immigrants from this country. I'm surprised that folks don't take a proper view of the situation (yeah..bring the reds on and call me an anti-immigrant).

    At-least somebody is talking sense.
    I think, USCIS is taking the correct steps to prevent the misuse of the H1B Program.





    nonimmi
    06-28 12:31 PM
    "expecting retrogresson ....in first wk of July... " ??
    I thought logiclife already clarified that can not and will not happen!!





    akred
    06-12 12:04 PM
    Now to prove my point that we had all of today's similar issues then. Here is my after GC post.

    http://forums.immigration.com/showthread.php?t=84252

    I hope you people wouldn't simply jump to a conclusion that I was lucky. I went through all the travails of layoffs, GC backlogs etc.

    Peace !!

    You benefited from ISN (IV predecessor)'s efforts to get AC21 passed with a visa recapture. That visa recapture lifted the retrogression that had set in by 2000. Without that recapture (worth 100K+ visas) it is doubtful your PD would be current today.



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