samay
07-14 06:13 AM
I have applied for 485 last year and I already have I-140 approved so I meet the criteria for AC21.
My question is that I have not applied for EAD and I am still on H1 with same employer. In case I lose job will I be considered out of status immediately for the reason that I am not using EAD. As I understand being on EAD allows some flexibility in gap in employment until the time of approval of 485 application.
I suggest you apply for your EAD as soon as you can. It allows you a lot more flexibility and also helps with other issues such as the drivers license.
My question is that I have not applied for EAD and I am still on H1 with same employer. In case I lose job will I be considered out of status immediately for the reason that I am not using EAD. As I understand being on EAD allows some flexibility in gap in employment until the time of approval of 485 application.
I suggest you apply for your EAD as soon as you can. It allows you a lot more flexibility and also helps with other issues such as the drivers license.
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swo
07-11 11:32 AM
You can find some bad things about Canada here -
www.notcanada.com
The criticisms of this website are LAUGHABLE. The Economist's quality of life index has rated Canada and Australia the top countries on earth to live in, overwhelming, year after year after year after year!
Vancouver, Calgary, Toronto, Melbourne, Sydney and Perth consistently dominate the top 10 cities in the world to live. 6 of the top 10?
Having spent enormous amounts of time in both those countries I can tell you they are wonderful, sensible places to live.
The index takes into account, cost of living, earnings capacity, safety, etc.
Canada probably has one of the most rosey futures on earth. It has an abundance of resources, a tiny population and ironically, global warming is adding to its opportunities. Both countries have avoided a single year of recession since 2000, are likely to benefit for ever-higher walls to migrants in the US, and on top of that, both governments continue to operate under surplus budgets.
Cost of living is actually far below that in places like NY and California.
Health care, while not top notch, provides better care on average to more people than is likely to be found in places like the US. Particularly for people that are older and more likely to need it.
Education is infinitely better. US Public schools are atrocious.
As for the weather, well duh! :) The weather in Minnesota, Chicago, New York and Detroit wasn't that much better last time I looked! And Vancouver is mild and stunning.
Yes, taxes are higher. How do you think these things are paid for? If you think it's a dog eat dog and you think that the state shouldn't provide education and healthcare, then that's fine. Canada and Australia just aren't for you!
Anyway, both countries have advantages. I love the U.S. and that's why I'm here. But don't let an inarticulate and unfounded set of ridiculous statements turn you off. Do you own research and make the choice that is right for you!
www.notcanada.com
The criticisms of this website are LAUGHABLE. The Economist's quality of life index has rated Canada and Australia the top countries on earth to live in, overwhelming, year after year after year after year!
Vancouver, Calgary, Toronto, Melbourne, Sydney and Perth consistently dominate the top 10 cities in the world to live. 6 of the top 10?
Having spent enormous amounts of time in both those countries I can tell you they are wonderful, sensible places to live.
The index takes into account, cost of living, earnings capacity, safety, etc.
Canada probably has one of the most rosey futures on earth. It has an abundance of resources, a tiny population and ironically, global warming is adding to its opportunities. Both countries have avoided a single year of recession since 2000, are likely to benefit for ever-higher walls to migrants in the US, and on top of that, both governments continue to operate under surplus budgets.
Cost of living is actually far below that in places like NY and California.
Health care, while not top notch, provides better care on average to more people than is likely to be found in places like the US. Particularly for people that are older and more likely to need it.
Education is infinitely better. US Public schools are atrocious.
As for the weather, well duh! :) The weather in Minnesota, Chicago, New York and Detroit wasn't that much better last time I looked! And Vancouver is mild and stunning.
Yes, taxes are higher. How do you think these things are paid for? If you think it's a dog eat dog and you think that the state shouldn't provide education and healthcare, then that's fine. Canada and Australia just aren't for you!
Anyway, both countries have advantages. I love the U.S. and that's why I'm here. But don't let an inarticulate and unfounded set of ridiculous statements turn you off. Do you own research and make the choice that is right for you!
ksvreg
09-24 11:46 AM
when there were no dates in VISA BULLETIN for EB2 and EB3, how the people filed 485 in the year 2008 and 2009 under EB3 and EB2 as well?
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mbawa2574
02-15 04:44 PM
Finally an honest admission. You finally say there are more Indian and Chinese here because they have huge population.
If you can't see the insult in keeping to say "best and brightest" then I would have wasted my time.
I am not saying that there are more Chinese and Indians here. I am saying that application process is not fair since it does not give everyone a fair shot.
I am saying if more highly skilled Chinese and Indians apply for the same job,no cap should prevent them from immigration. If there FIFO ( First In and First Out), how will ROW suffer ? Can you explain ?
If you can't see the insult in keeping to say "best and brightest" then I would have wasted my time.
I am not saying that there are more Chinese and Indians here. I am saying that application process is not fair since it does not give everyone a fair shot.
I am saying if more highly skilled Chinese and Indians apply for the same job,no cap should prevent them from immigration. If there FIFO ( First In and First Out), how will ROW suffer ? Can you explain ?
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anai
06-16 11:47 AM
There's two themes in this thread that are interesting.
1. A couple of members advanced the argument that retrogression is good since it weeds out the supposedly undeserving. Here's a startling quote:
...In summary, this retrogression is good in a way....
2. The question of luck.
I would like to share our story, because it touches on both these themes: I have two US graduate degrees; so does my wife. We've paid over 100K in federal income taxes in each of the past several years and I'm now a partner at my firm; the idea that folks are stuck in retrogression because they are undereducated low-cost workers is not realistic. And there are many cases similar to ours (some of which I read about on IV). We are stuck in retrogression because we have no answer to the country-quota bottleneck.
So, sure, retreogression may provide perverse pleasure to a select few greencard holders, but the inconvenience that retrogression causes most of us does not serve a greater Darwinian good.
What of luck? While luck has put us in retrogression, it has favored us in many ways --- we have a great family, a lovely home, and a bunch of good friends. I am sure all of us have seen similar plus sides of luck. But luck is stubborn when it comes to the greencard: when the window opened up last year, many folks with PD 2006 were approved, while many like us with older PD were left waiting. Luck is a strange animal -- it lets you see the map of the world in your handheld, but won't let you travel freely because of retrogression.
There's this story about luck and how one can get around it in some cases. It is not very relevant here, but here's the story: A wise man came to a village and observed a family living in great poverty. All the family had was a cow and a sack of grain. They would work very hard, but their net worth never rose beyond the "cow + sack of grain" level. The wise man, being wise, figured out what's going on. He asked the family to give away the cow and have a party with whatever grain they had. The family initially thought this advice was daft, but eventually complied out of respect for the wise man. The night after they had squandered everything, Brahma could be seen quietly bringing the family another cow and a sack of grain. What the wise man had figured out was that this level of net worth was preordained for that family -- whether they work hard or party. Not a great story to tell your kids to teach them about hard work; but provides an alternate perspective when you're stuck in line.
1. A couple of members advanced the argument that retrogression is good since it weeds out the supposedly undeserving. Here's a startling quote:
...In summary, this retrogression is good in a way....
2. The question of luck.
I would like to share our story, because it touches on both these themes: I have two US graduate degrees; so does my wife. We've paid over 100K in federal income taxes in each of the past several years and I'm now a partner at my firm; the idea that folks are stuck in retrogression because they are undereducated low-cost workers is not realistic. And there are many cases similar to ours (some of which I read about on IV). We are stuck in retrogression because we have no answer to the country-quota bottleneck.
So, sure, retreogression may provide perverse pleasure to a select few greencard holders, but the inconvenience that retrogression causes most of us does not serve a greater Darwinian good.
What of luck? While luck has put us in retrogression, it has favored us in many ways --- we have a great family, a lovely home, and a bunch of good friends. I am sure all of us have seen similar plus sides of luck. But luck is stubborn when it comes to the greencard: when the window opened up last year, many folks with PD 2006 were approved, while many like us with older PD were left waiting. Luck is a strange animal -- it lets you see the map of the world in your handheld, but won't let you travel freely because of retrogression.
There's this story about luck and how one can get around it in some cases. It is not very relevant here, but here's the story: A wise man came to a village and observed a family living in great poverty. All the family had was a cow and a sack of grain. They would work very hard, but their net worth never rose beyond the "cow + sack of grain" level. The wise man, being wise, figured out what's going on. He asked the family to give away the cow and have a party with whatever grain they had. The family initially thought this advice was daft, but eventually complied out of respect for the wise man. The night after they had squandered everything, Brahma could be seen quietly bringing the family another cow and a sack of grain. What the wise man had figured out was that this level of net worth was preordained for that family -- whether they work hard or party. Not a great story to tell your kids to teach them about hard work; but provides an alternate perspective when you're stuck in line.
h1techSlave
12-08 10:03 AM
Pinto, I strongly support your idea.
I guess many have given up and many are just trying to hang on to their jobs ..but don't give up ..just think about the peace of mind that a GC gives ..no more headaches from lawyers, USCIS, RFE's, employers, DL etc ..at the very least comment on this idea but before you dismiss it come up with a better idea (it is very stupid of people who just criticize but don't come up with alternative ideas).
----------------
what if all immigrants and members were to call their local realtors - show interest in buying a house and once the realtor is interested ..tell her / him that you are postponing your home buying decision since the green card has got delayed ..and maybe ask him / her to tell the NAR (national realtor agency) to speak about speeding green cards to legal immigrants who are already here ??
...if people are motivated then maybe we can do media campaign too ..
------
the above idea does not need any money / members can do it from the comfort of their homes ..please comment and either support this or come up with better idea ..Thanks in advance !!!
(if the idea sounds good ..then all members can spread the word in their community - i.e. temples, churches, local potlucks, subdivision, apartment, AMWAY meetings etc etc ..at the very least IV membership will increase)
I guess many have given up and many are just trying to hang on to their jobs ..but don't give up ..just think about the peace of mind that a GC gives ..no more headaches from lawyers, USCIS, RFE's, employers, DL etc ..at the very least comment on this idea but before you dismiss it come up with a better idea (it is very stupid of people who just criticize but don't come up with alternative ideas).
----------------
what if all immigrants and members were to call their local realtors - show interest in buying a house and once the realtor is interested ..tell her / him that you are postponing your home buying decision since the green card has got delayed ..and maybe ask him / her to tell the NAR (national realtor agency) to speak about speeding green cards to legal immigrants who are already here ??
...if people are motivated then maybe we can do media campaign too ..
------
the above idea does not need any money / members can do it from the comfort of their homes ..please comment and either support this or come up with better idea ..Thanks in advance !!!
(if the idea sounds good ..then all members can spread the word in their community - i.e. temples, churches, local potlucks, subdivision, apartment, AMWAY meetings etc etc ..at the very least IV membership will increase)
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thepaew
12-13 04:46 PM
It will be a total waste of effort. Congress has exclusive purview to regulate relations, commerce, etc. with foreign nations. No lawyer/court can provide quick fix and the case will not be heard.
No shortcuts guys!! For any real change we have to convince the US Congress and the Executive Branch. And that involves time, commitment and money.
It will be a waste of money. The US does not have to allow any immigration if it chooses so. Do you realize that getting a GC is not a right, but a privelege? It's a matter of grace and no court has jurisdiction to review if government says "no".
No shortcuts guys!! For any real change we have to convince the US Congress and the Executive Branch. And that involves time, commitment and money.
It will be a waste of money. The US does not have to allow any immigration if it chooses so. Do you realize that getting a GC is not a right, but a privelege? It's a matter of grace and no court has jurisdiction to review if government says "no".
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unitednations
02-13 03:03 PM
I am not saying 7% is not applicable for recaptured numbers. EB3-ROW was current while EB3-IN,Ch retrogressed in 2005.
Again 7% is not a quota or minimum or maximum. It is a guiding tool to avoid monopoly (not to prevent) for fist two months in a quarter and gave the remaining number to third month. It is not meant for reservation.
As you said Bangaldeshies can not raise flag they as have not consumed 7% quota. Therefore one can not argue that Bangladesh-EB3 should be "current".
At the end, first-come first served should prevails.
The 7% is a maximum.
They do not have to go to 7% if they don't want to. However; they can't go over it; if there is more demand then supply.
Again 7% is not a quota or minimum or maximum. It is a guiding tool to avoid monopoly (not to prevent) for fist two months in a quarter and gave the remaining number to third month. It is not meant for reservation.
As you said Bangaldeshies can not raise flag they as have not consumed 7% quota. Therefore one can not argue that Bangladesh-EB3 should be "current".
At the end, first-come first served should prevails.
The 7% is a maximum.
They do not have to go to 7% if they don't want to. However; they can't go over it; if there is more demand then supply.
more...
sunty
02-13 07:23 PM
Hi,
I like the idea but I believe at this time it is crucial to continue participation in the letter campaign. If we do not get success through it, I will be glad to participate in the lawsuit. Also, like me, at that time there might be hundreds of people willing to be a part.
Same here...I did vote yes for the lawsuit but let's wait a little for Admin fixes or the scaled down CIR version (if it happens).
I like the idea but I believe at this time it is crucial to continue participation in the letter campaign. If we do not get success through it, I will be glad to participate in the lawsuit. Also, like me, at that time there might be hundreds of people willing to be a part.
Same here...I did vote yes for the lawsuit but let's wait a little for Admin fixes or the scaled down CIR version (if it happens).
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samay
07-28 04:05 PM
I am in my sixth year on an H1-B expiring Sept 13, 2008 also noted on I-94. My attorney will be applying for an H1 extension based on an approved I-140 and pending I-485. They are also applying for EAD and AP renewal (expiring Oct 2nd, 2008). I am currently in EB3 Worldwide with a PD of Oct 2, 2006. I will need to travel outside the country on Oct 2nd. My H1-B will be pending before but not approved by Sept 13th. Can I still re-enter on a pending H1 extension or will I have to switch to EAD/AP assuming those are approved before my Oct 2nd travel date? Thank you for your time.
It is not recommended that you travel during the pendency of your H-1B extension.
It is not recommended that you travel during the pendency of your H-1B extension.
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franklin
02-13 03:09 PM
I take up the challenge. I'm ROW, maybe this is the spur that will make me participate somewhat.
Yes, such a pity there was no one from the ROW group present in DC
Yes, such a pity there was no one from the ROW group present in DC
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needhelp!
02-13 11:18 AM
Believe me, in my office or outside, I have talked to every Indian. And not one comes back n discusses with me about IV.
I strongly feel IV is doing a commendable job with some dedicated contributors.
Thank you brij523. You are a great supporter of our cause. I cannot forget how hard you worked at diwali mela in DFW even though you already got your GC. Its inspiration from people like you that keeps us going.
I strongly feel IV is doing a commendable job with some dedicated contributors.
Thank you brij523. You are a great supporter of our cause. I cannot forget how hard you worked at diwali mela in DFW even though you already got your GC. Its inspiration from people like you that keeps us going.
more...
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vdlrao
09-15 02:44 PM
I just wondering seeing these estimated numbers, with out having a proper information, for the given years.
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unitednations
02-13 03:00 PM
Whether overflow happens vertically or horzontaly is subject to interpretation and we cannot really say if EB3 ROW is getting any undue advantage.....
That matter can be litigated.....
You guys still think it is horizontal. This has been discussed so many times with reference to the law; the note in november 2005 visa bulletin; another lawyer who received statistics in chinees overall approvals for 2006 which were going to be close to 7% and you guys still believe this is a gray area.
the november 2005 visa bulletin made it black and white. It is no gray any longer. AC21 didn't do anything to change to horizontal; only spillover is allowed in quarter not annual.
Hard to understand why people think it is still gray.
That matter can be litigated.....
You guys still think it is horizontal. This has been discussed so many times with reference to the law; the note in november 2005 visa bulletin; another lawyer who received statistics in chinees overall approvals for 2006 which were going to be close to 7% and you guys still believe this is a gray area.
the november 2005 visa bulletin made it black and white. It is no gray any longer. AC21 didn't do anything to change to horizontal; only spillover is allowed in quarter not annual.
Hard to understand why people think it is still gray.
more...
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vjkypally
07-24 05:10 PM
Agree with few points in your argument though overall it went little overboard. Whisky Line??? Are you implying there are no lines in US? Ever heard about GC Line???????:))))))I havent waited for 5 to 7 yrs in India for anything and not got it. Maximum I waited would be Tirupati temple for 12-14 hrs:)
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actaccord
01-13 10:10 PM
to some of your points, but
is the response from amitjoey not enough to understand why PlainSpeak's view won't work ?
amitjoey response is good, correct, to the point and more civil than any one else. As you said there are more silent readers who if don't see amitjoey's response will consider IV is trying to do something wrong by harsh response (through their senior members/donors). Just read all comments except amitjoey's the thread will give different view (-ve to IV forum).
When some one reads uncivilized comments they don't just think bad about the person but also get -ve impression about the forum. You are missing important point, just because some one wants to give comments so that silent readers find abt people like plainspeak/gcperm but in reality it works just against the forum nothing else.
And when we want to create a professional forum for a reason/cause, as a forum member we need to maintain some professionalism in our comments. If anyone find any thread is not appropriate respond perfectly like amitjoey or report it to moderator.
As a new member (joined just 2008 and read only reasonable threads) I never know someone GCPerm and anything about his/her good/bad threads. So, it doesn't add any value if senior members fighting on who is who.
I am speaking for benefit of this forum which will benefit every person who join/participate. But if a member doesn't bother or care about what kind of -ve impression they are leaving then what is the real benefit of having that member. Just because that member don't care about having more members doesn't reflect the forum core members view.
You don't agree to my views but your response is nice and civilized and that is what I am talking about. I would say amitjoey's way of response (so do your response to my comment) would help both PlainSpeak and every members who reads the thread to understand what is good/bad for us as group.
One thing I disagree is your rough reality, in the name of rough reality we don't have to write rough wording in a forum where we need more people to join for a cause. You may not want any more member but I don't think that could be the case with IV core members. Why, mostly (not all) people who are in this forum will stop working for the forum after getting GC and we always need new members (may be 1 in 10000) who will add value to the forum.
And I haven't responded to PlainSpeak because I have no knowledge about that topic and I am still understanding/learning it. Also amitjoey's response is more than enough which is civilized and perfect (at least to me). Unless I have something to add to his point I can just keep quiet instead of leaving -ve impression abt the forum.
For any cause as a group we can fight with violence (uncivilized) and without violence (civilized). There is always people for both approach, but as a forum member we need to follow the core members way rather than our own way. And part of user registration we all agree to the terms and one of it is "By agreeing to these rules, you warrant that you will not post any messages that are obscene, vulgar, sexually-oriented, hateful, threatening, or otherwise violative of any laws."
I had my own experience in this forum about hateful comments towards me by a senior member/donor. But that particular thread got removed because of so much hateful comments. Once we start accepting hateful comments it won't stop at any level and the forum will be filled with hateful comments. If you feel some thread/comment is not good better respond properly or report to moderator. Why we need to fill this forum with hateful comments when we have tools to avoid it.
actaccord: I also want to see civilized discussion. But that is not possible with people like PlainSpeak/GCPerm. I know this person. He has always tried to create Eb2/Eb3 divide. The problem is not with language of some of the posts you referred as "uncivilized", the problem is that for every post there are hundreds of people silently reading each posts. Each post influences those silent readers. If unanswered snakes like GCPerm can cause a lot of damage.
In an open anonymous forum you need to develop a thick skin. Person of every strip and belief can post anything. If you cannot handle this, it is better for you to resign from accessing any or all websites.For a period of time, I felt the same way as you did but it does not work that way. Stop this nonsense of political correctness when snakes like GCPerm spit venom to divide everyone.
A forum is a combination of all sorts of ideas and expression. You may like some and you may not like some. If you or your friends find it so difficult to stand this expression, then please sit quietly in your home because you cannot join hands with anyone in this real and rough world. How long are we going to " try to gain confidence" of more members? How long? I do not want to gain confidence of anyone anymore. If I was to make a decision, I would say that I don't need those members who cannot stand a little bit of rough reality. I am not going to do anything to "gain confidence" of others. If you want to work then good for you. If you don't want to work on the issue affecting your family, then so be it. You are doing a favor to no one but yourself when you speak with your Congressman. So Good luck and Good bye. But don't preach civility to everyone if you cannot first respond to PlainSpeak. I hate this Eb2/Eb3 fight.
is the response from amitjoey not enough to understand why PlainSpeak's view won't work ?
amitjoey response is good, correct, to the point and more civil than any one else. As you said there are more silent readers who if don't see amitjoey's response will consider IV is trying to do something wrong by harsh response (through their senior members/donors). Just read all comments except amitjoey's the thread will give different view (-ve to IV forum).
When some one reads uncivilized comments they don't just think bad about the person but also get -ve impression about the forum. You are missing important point, just because some one wants to give comments so that silent readers find abt people like plainspeak/gcperm but in reality it works just against the forum nothing else.
And when we want to create a professional forum for a reason/cause, as a forum member we need to maintain some professionalism in our comments. If anyone find any thread is not appropriate respond perfectly like amitjoey or report it to moderator.
As a new member (joined just 2008 and read only reasonable threads) I never know someone GCPerm and anything about his/her good/bad threads. So, it doesn't add any value if senior members fighting on who is who.
I am speaking for benefit of this forum which will benefit every person who join/participate. But if a member doesn't bother or care about what kind of -ve impression they are leaving then what is the real benefit of having that member. Just because that member don't care about having more members doesn't reflect the forum core members view.
You don't agree to my views but your response is nice and civilized and that is what I am talking about. I would say amitjoey's way of response (so do your response to my comment) would help both PlainSpeak and every members who reads the thread to understand what is good/bad for us as group.
One thing I disagree is your rough reality, in the name of rough reality we don't have to write rough wording in a forum where we need more people to join for a cause. You may not want any more member but I don't think that could be the case with IV core members. Why, mostly (not all) people who are in this forum will stop working for the forum after getting GC and we always need new members (may be 1 in 10000) who will add value to the forum.
And I haven't responded to PlainSpeak because I have no knowledge about that topic and I am still understanding/learning it. Also amitjoey's response is more than enough which is civilized and perfect (at least to me). Unless I have something to add to his point I can just keep quiet instead of leaving -ve impression abt the forum.
For any cause as a group we can fight with violence (uncivilized) and without violence (civilized). There is always people for both approach, but as a forum member we need to follow the core members way rather than our own way. And part of user registration we all agree to the terms and one of it is "By agreeing to these rules, you warrant that you will not post any messages that are obscene, vulgar, sexually-oriented, hateful, threatening, or otherwise violative of any laws."
I had my own experience in this forum about hateful comments towards me by a senior member/donor. But that particular thread got removed because of so much hateful comments. Once we start accepting hateful comments it won't stop at any level and the forum will be filled with hateful comments. If you feel some thread/comment is not good better respond properly or report to moderator. Why we need to fill this forum with hateful comments when we have tools to avoid it.
actaccord: I also want to see civilized discussion. But that is not possible with people like PlainSpeak/GCPerm. I know this person. He has always tried to create Eb2/Eb3 divide. The problem is not with language of some of the posts you referred as "uncivilized", the problem is that for every post there are hundreds of people silently reading each posts. Each post influences those silent readers. If unanswered snakes like GCPerm can cause a lot of damage.
In an open anonymous forum you need to develop a thick skin. Person of every strip and belief can post anything. If you cannot handle this, it is better for you to resign from accessing any or all websites.For a period of time, I felt the same way as you did but it does not work that way. Stop this nonsense of political correctness when snakes like GCPerm spit venom to divide everyone.
A forum is a combination of all sorts of ideas and expression. You may like some and you may not like some. If you or your friends find it so difficult to stand this expression, then please sit quietly in your home because you cannot join hands with anyone in this real and rough world. How long are we going to " try to gain confidence" of more members? How long? I do not want to gain confidence of anyone anymore. If I was to make a decision, I would say that I don't need those members who cannot stand a little bit of rough reality. I am not going to do anything to "gain confidence" of others. If you want to work then good for you. If you don't want to work on the issue affecting your family, then so be it. You are doing a favor to no one but yourself when you speak with your Congressman. So Good luck and Good bye. But don't preach civility to everyone if you cannot first respond to PlainSpeak. I hate this Eb2/Eb3 fight.
more...
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digmetalq
08-17 02:42 AM
My point is Indians do not have the balls to do it. Forget americans....they can not even touch an indian MP. Every day lots common people going through this security check. Whats so special about SRK. He is king only in his mind/heart. For lot of people he is crap. No special treatment. Whats the big deal if he is detained for 1 hr. The world is not going to end
Maybe Indians don't have balls, but there is something called cultural exchange which every country share with each another. Now if SRK decides that US immigration has mistreated him and he decides not to enter US, world is not going to fall down. Recently I heard that HOLLYWOOD wants to come BOLLYWOOD to make investments, maybe out of bussiness sense HOLLYWOOD should support SRK. Big B recently refused doctorate from Aussie unversity in support of Indian students mistreated in Australia. Maybe Indians don't have balls but they have brains.
Maybe Indians don't have balls, but there is something called cultural exchange which every country share with each another. Now if SRK decides that US immigration has mistreated him and he decides not to enter US, world is not going to fall down. Recently I heard that HOLLYWOOD wants to come BOLLYWOOD to make investments, maybe out of bussiness sense HOLLYWOOD should support SRK. Big B recently refused doctorate from Aussie unversity in support of Indian students mistreated in Australia. Maybe Indians don't have balls but they have brains.
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mbartosik
12-13 11:45 AM
There may or may not be constitution grounds to challenge the law, I've thought about this too, however from a pragmatic point of view....
1) The money needed to pay the lawyers would likely be more than for lobbying. Importantly money for legal costs is best to be on hand -- i.e. good cash flow, otherwise you risk missing legal deadlines. It would mean diverting money from lobbying. If we were flush with cash e.g. every member paid just $100 per year this would work.
2) Even among members of congress that are behind us, several have reservations about removing country cap (although they are willing to raise it).
3) EB3 ROW is retrogressed anyway. India EB3 is about May 2001, and ROW EB3 Oct 2002. The effect of only removing country quota would be put EB3 generally at about Oct 2001.
The way to move forward for all is to increase total through put, e.g. raise caps, remove dependents from caps, recapture unused quota, tie caps to multiple of H1B quota. For ROW it would move steadily forward, and India move and then would jump forward every 4th quarter with massive spill over from ROW.
As I said I'm not against the idea in principle, just being pragmatic.
1) The money needed to pay the lawyers would likely be more than for lobbying. Importantly money for legal costs is best to be on hand -- i.e. good cash flow, otherwise you risk missing legal deadlines. It would mean diverting money from lobbying. If we were flush with cash e.g. every member paid just $100 per year this would work.
2) Even among members of congress that are behind us, several have reservations about removing country cap (although they are willing to raise it).
3) EB3 ROW is retrogressed anyway. India EB3 is about May 2001, and ROW EB3 Oct 2002. The effect of only removing country quota would be put EB3 generally at about Oct 2001.
The way to move forward for all is to increase total through put, e.g. raise caps, remove dependents from caps, recapture unused quota, tie caps to multiple of H1B quota. For ROW it would move steadily forward, and India move and then would jump forward every 4th quarter with massive spill over from ROW.
As I said I'm not against the idea in principle, just being pragmatic.
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pitha
09-25 02:16 PM
Unless IV request DOS for a quarterly spillover DOS would not do it. All the good things that happenned in the last 2 years were because of IV involvement starting with the July Fiasco when USCIS accepted 485 applications, I am sure the report published by USCIS about the pending 485 was done because of the FOIA filed by IV.
A quarterly spill over is advantageous to every body in the playing field.
It is obviously good for retrogressed groups. It is even good for CIS, since they can plan their work properly and use up the visas in an orderly fashion.
So if IV can use some of its massive clout to convince DOS to do a quarterly spill over, that would be win-win for all.
A quarterly spill over is advantageous to every body in the playing field.
It is obviously good for retrogressed groups. It is even good for CIS, since they can plan their work properly and use up the visas in an orderly fashion.
So if IV can use some of its massive clout to convince DOS to do a quarterly spill over, that would be win-win for all.
Marphad
03-29 08:21 PM
My point is that a person/politician should be judged by the actions/governance and not their lineage. Congress is corrupt like most parties and that discussion is valid (though I would rather see this forum only used for immigration matters...).
I can certainly provide hundreds of links to make this a dividing post but I dont have a propensity for it. My point was to a show a mirror to people who post some ridiculous posts but get away since they seem to be in the majority or atleast seem to be the loudest. Using the measures of US, a lot of what is said in non-immigration matters on this forum would be deemed so racist.
As for Kashmir hindus, I truly wishes Justice is done to them. They are the Children of kashmir. Just like I wish justice is done for every person in India whether the crime be done by extremists or State actors. As for the non-existent discrimination of minorities, I hope you are right but trying to silence people who raise such issues is no way to provide justice. Even to this day, discrimination against blacks is a matter of grave concern in this country. A strength of a society/democracy is the treatment of the weakest/minorities.
And what is the qualification of Rahul or Sonia other than being so-called Gandhi-Nehru?
I can certainly provide hundreds of links to make this a dividing post but I dont have a propensity for it. My point was to a show a mirror to people who post some ridiculous posts but get away since they seem to be in the majority or atleast seem to be the loudest. Using the measures of US, a lot of what is said in non-immigration matters on this forum would be deemed so racist.
As for Kashmir hindus, I truly wishes Justice is done to them. They are the Children of kashmir. Just like I wish justice is done for every person in India whether the crime be done by extremists or State actors. As for the non-existent discrimination of minorities, I hope you are right but trying to silence people who raise such issues is no way to provide justice. Even to this day, discrimination against blacks is a matter of grave concern in this country. A strength of a society/democracy is the treatment of the weakest/minorities.
And what is the qualification of Rahul or Sonia other than being so-called Gandhi-Nehru?
mchundi
01-09 02:11 PM
I just got to this site via from immigration portal.
I have been reading a lot in the other forum and here about the ways to cure retrogression. Lobbying for more Visa's and other things that were part of the S.1932 bill are fine, however these things are not going to solve the retrogression problem even if such a bill gets passed.
No one seems to be talking about the real problem that is Labor Substitution. Abolishing Labor Substitution will itself take care of every retrogression problem.
The INS does not have the right tools to police the misue of this rule. This is resutling in a lot of problems for even those employees whose Labor's get substituted even if they are still working in the same company.
Any effort to reform immigration should start with first reforming the Labor Substitution rule (if not completely abolish).
I know that all the companies/employers and the lawyers community are against removing the Labor substitution, therefore it will never be removed, but atleast it should be reformed so that it can be better policed so that no one is able to misuse it and play with peoples lives. And in turn add to retregression.
Following reforms are needed in Labor Substitution.
- First thing in the Labor Substitution reform is related to the Priority date. The Priority Date for a substituted Labor should the date when the Labor is substituted (or the I-140 filing date). It should not be be the date when the Labor was originally filed. This in itself will solve 90% of the problems related to retrogression.
- When a Labor is substituted it should be verified immediately to find if there is any I-140 or I-485 that is pending based on this Labor. If so then the Labor should be rejected immediately. Currently this is not done at the time the Labor is substituted, therefore the resulting 485 filing just amounts to add up into the backlog of Visa Number requirement, until the priority date becomes current for this 485.
- If an employee invokes the AC21 then that Labor should not be allowed to be substituted.
- There should be a limit to the time until which a Labor can be substituted. This could be debatable and could have other consequences, as the INS could invalidate any GC application that is been pending for more than the this duration.
In short the Labour substitution rule is in a mess and is getting miused a lot. People are getting fooled by the employers, and ultimately its making the retrogression more worse.
neocor
Probably true,
I think the DOL/USCIS(I dont know who) is moving in this direction.
The real problem is the 7% limit per country and the time it takes for one to go thru the 3 steps.
There r several people who have started G.C process several times for different reasons. This slows them (DOL/USCIS) down and remember this is like a chain reaction until u stop applying for a G.C or AC21 kicks in.
Bill Clinton signed some immigration relief for the illegal immigrants just before he left without allocating any resources to process them. Close to 300,000 illegal immigrants filed their labor before Apr 2001. This brought the DOL to a halt and it couldnot recover for 2 years. Finally the BEC's were created to resolve the mess created by the new law. They did not sove the problem but addressed it to some extent. For some it became worse.
In the meantime several VISA numbers went unused because the DOL probably scrutinized the cases more thoroughly and probably there were more rejections by USCIS
The reason why so many people look for loop holes is because of the inordinate delay in the process.
I guess the situation will only become worse unless those who got their labor get to apply for 485 and get portability thru AC21 or dropout altogether.
The problem with labor is partly addressed thru PERM. Over the next couple of years the BEC's eliminate the backlog and soon everybody will be in the hunt for the VISA numbers.
The best that can be done now is the fight for more VISA numbers and be able to file for I485 whether a VISA number is available or not or anything that addresses this like
1: increase the overall VISA numbers (McGain && Kennedy)
2: capture unused VISA numbers
3: Cap not being applicable for those with Masters degree in ---- && 3+ years exp before starting the G.C process (Sen. Chuk hagel)
4: Being able to file I-485 even with no VISA number(failed S-1932)
--MC
I have been reading a lot in the other forum and here about the ways to cure retrogression. Lobbying for more Visa's and other things that were part of the S.1932 bill are fine, however these things are not going to solve the retrogression problem even if such a bill gets passed.
No one seems to be talking about the real problem that is Labor Substitution. Abolishing Labor Substitution will itself take care of every retrogression problem.
The INS does not have the right tools to police the misue of this rule. This is resutling in a lot of problems for even those employees whose Labor's get substituted even if they are still working in the same company.
Any effort to reform immigration should start with first reforming the Labor Substitution rule (if not completely abolish).
I know that all the companies/employers and the lawyers community are against removing the Labor substitution, therefore it will never be removed, but atleast it should be reformed so that it can be better policed so that no one is able to misuse it and play with peoples lives. And in turn add to retregression.
Following reforms are needed in Labor Substitution.
- First thing in the Labor Substitution reform is related to the Priority date. The Priority Date for a substituted Labor should the date when the Labor is substituted (or the I-140 filing date). It should not be be the date when the Labor was originally filed. This in itself will solve 90% of the problems related to retrogression.
- When a Labor is substituted it should be verified immediately to find if there is any I-140 or I-485 that is pending based on this Labor. If so then the Labor should be rejected immediately. Currently this is not done at the time the Labor is substituted, therefore the resulting 485 filing just amounts to add up into the backlog of Visa Number requirement, until the priority date becomes current for this 485.
- If an employee invokes the AC21 then that Labor should not be allowed to be substituted.
- There should be a limit to the time until which a Labor can be substituted. This could be debatable and could have other consequences, as the INS could invalidate any GC application that is been pending for more than the this duration.
In short the Labour substitution rule is in a mess and is getting miused a lot. People are getting fooled by the employers, and ultimately its making the retrogression more worse.
neocor
Probably true,
I think the DOL/USCIS(I dont know who) is moving in this direction.
The real problem is the 7% limit per country and the time it takes for one to go thru the 3 steps.
There r several people who have started G.C process several times for different reasons. This slows them (DOL/USCIS) down and remember this is like a chain reaction until u stop applying for a G.C or AC21 kicks in.
Bill Clinton signed some immigration relief for the illegal immigrants just before he left without allocating any resources to process them. Close to 300,000 illegal immigrants filed their labor before Apr 2001. This brought the DOL to a halt and it couldnot recover for 2 years. Finally the BEC's were created to resolve the mess created by the new law. They did not sove the problem but addressed it to some extent. For some it became worse.
In the meantime several VISA numbers went unused because the DOL probably scrutinized the cases more thoroughly and probably there were more rejections by USCIS
The reason why so many people look for loop holes is because of the inordinate delay in the process.
I guess the situation will only become worse unless those who got their labor get to apply for 485 and get portability thru AC21 or dropout altogether.
The problem with labor is partly addressed thru PERM. Over the next couple of years the BEC's eliminate the backlog and soon everybody will be in the hunt for the VISA numbers.
The best that can be done now is the fight for more VISA numbers and be able to file for I485 whether a VISA number is available or not or anything that addresses this like
1: increase the overall VISA numbers (McGain && Kennedy)
2: capture unused VISA numbers
3: Cap not being applicable for those with Masters degree in ---- && 3+ years exp before starting the G.C process (Sen. Chuk hagel)
4: Being able to file I-485 even with no VISA number(failed S-1932)
--MC
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