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  • gauravster
    06-04 03:01 PM
    As JSB pointed out what you are asking already exists with an EAD, 180 days after filing 485 you can leave your current employer and join a new company as long as it is a same\semilar job. The problem with this same or semilar job is it is a ticking time bomb, the day USCIS decides to go after EAD they can have a restrictive interpretation of same and semilar job and deny your 485 or they can keep sending you employment verification letter rfe every couple of months. I am not being paranioid, for example even though AC 21 clearly states that once 180 days have passed since the 485 has been applied, the employee can join a new job and even if the previous employer has revoked the approved 140 it should not effect the 485 petition, but USCIS is not following this law and blindly sending 485 denial notices to applicants whose approved i140 was revoked by previous employer. Who knows what sort of abuse will USCIS resort to in the future against EAD.

    To prevent this we should work towards an administrative fix that once the 485 application is pre adjudicated the applicant should be left alone and not issed any Employment verification letter rfe, or semilar\same job restrictions if they are back logged because of country quota and face multiple year wait.

    The EAD/AC21 is still only available to those who are July 07 filers. There are many who have missed the oppurtunity. What many people are asking for is for something such that anyone can change a job after some given time, irrespective of Visa number availability. Even for those with EAD's, you are still restricted to be in the same field. So if you want a career move and do an MBA or acquire new skills to change your career, you cannot do that (unless EAD is for a dependent). If this is not pigeoning people, what is.





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  • HereIComeGC
    02-15 12:43 PM
    "CLASS ACTION AGAINST USCIS? My god, you have no idea what you're talking about"

    Freedom without violence?? Man on the Moon?

    Sounds familiar?

    You would have said few months back "GC without FBI Namechecks? You have no idea what you are talking about"

    You can't win if you don't even try. Simple as that. At the minimum, lawsuit will highlight all the issues in the broken process and get some serious media action.



    I myself wanted to have my greencard NOW!!!

    Unfortunately, I have to wait until there is a visa available.

    Whether there is a shortcoming on their law here, as aliens, we should also respect the law just like their citizens.

    Congress is the only one who could make changes to their existing laws and if they can't do it, bad luck to us.


    Their hands are tied.

    USCIS cannot do anything because they are just following the law.

    Class action is a very big thing and I've read alot of responses here as if filing for a class action is like going to walmart and complain about a defective item you just bought.

    I'm not a lawyer but I'm working for a law firm which gives me some idea how the legal system works.

    CLASS ACTION AGAINST USCIS? My god, you have no idea what you're talking about.





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  • lc2004
    09-23 04:22 PM
    the day this becomes law..it would be better for all of us go home, bcos tht means lawmakers are ready to do anything to get some money and they know this country has gone down beyond repair.
    and the day it becomes law..i am sure the situation in this country will be so bad tht most of us wont even have jobs at tht time.





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  • krishna.ahd
    02-18 08:57 PM
    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.

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

    .

    I will give you example which involves immigration
    Nurses / Physical therapist and in near future Teachers
    Because of bad planning in the past or say no encouragement of these skill now there is Schedule A to import them and hand over the green card.



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  • mirage
    03-30 01:47 PM
    This is a good article, I guess all "Manmohan Singh's degrees" loving Indians should read this..


    http://economictimes.indiatimes.com/Opinion/Comments--Analysis/Fall-of-the-holy-trinity-MMS-PC-Montek/articleshow/4316378.cms?curpg=1





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  • nandakumar
    05-11 06:56 PM
    buddy,

    I'm already in my beloved place and with your contribution and help to Immigration Voice, I can see the light at the end of the tunnel. Thanks for the help.

    Remember, you are doing this to potentially ditch India and to change your nationality and are going to take oath

    "I hereby declare, on oath, that I absolutely and entirely renounce and abjure all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty of whom or which I have heretofore been a subject or citizen; that I will support and defend the Constitution and laws of the United States of America against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same, that I will bear arms on behalf of the United States when required by the law..............."

    My question is, hypothetically if in future if there is a war between USA and India, and hypothetically you become a US citizen, how do you conform to the oath?

    Looks like my posting hit the nerve hard, i see it from your response.

    I'm cultured enough not to bring your mother and father into the conversation.

    Good Luck

    Ask your mom why she had you with shameless Indian. US citizenship looks too far for you, sail to your beloved place and make sure you throw your passport on your way.



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  • gc_lover
    06-28 12:45 PM
    "expecting retrogresson ....in first wk of July... " ??
    I thought logiclife already clarified that can not and will not happen!!

    Yes, he did clarify. But, when rumors like that make it to reputed attorney's website it will surely cause panic among people.





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  • vdlrao
    07-25 11:46 AM
    vdlrao i really appreciate you analysis and confidence on feature of EB2..can i know your category and nationality?:D

    Mine is EB2 India. I have a confidence on EB3 India as well but it takes about 2 years.



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  • msp1976
    02-13 06:07 PM
    Well
    I have friends that make 3 times as much as I do...The only difference is that they have a GC and I do not..and I am making much better than an average American....

    So your saying that I am not suffering is not soothing to me...It does not reduce my pain.....It does not convince me in any way....

    Not just that...My friends who chose not to come to America now have a higher net worth than me....So coming to America has not exactly been a great thing for me....More over whatever you are saying is just salt on my wounds...nothing less than that....





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  • duttasurajit
    07-21 11:59 AM
    These guys might meet you and greet you in WMT. Once it happened, the guy's wife met my wife and complimented her that "Ooh you have a sweet little boy!" and that's how the convesation started with my wife and then with me. The guy told me he runs his "ecommerce business". Next day he calls us for tea to discuss "ecommerce business" , I became suspicious and charged him "Are you running Amway?" He said there is nothing wrong in running Amway business and I had a heated argument with him over this as to why he did not tell me earlier.

    So thats it - nowadays they have adopted a different strategy!



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  • BharatPremi
    12-13 09:40 PM
    As you use the phrase Check Mate....

    Chess is all about thinking strategically several moves ahead.
    Given the current political climate on immigration I think that we will be in a check mate position (on the loosing end) if we pursue that road.

    The anti's would be all over us as soon as we filed in federal district court probably even before a hearing, and definitely after a hearing. If we lost in lower courts the Supreme Court would probably refuse to hear the appeal, in the mean time we'd have just stirred up the anti's hornets nest against us, just as much if not worse than against the illegals.

    Asking Congress to make small changes in the existing laws annoys the anti's. Telling them or forcing them to wholesale rewrite their laws would make us public enemy #1. We would be lucky to have more than a handful of law makers willing to stand up for us. It would kill off all lobbying ability.

    Think of lobbying as polite negotiation.
    Think of Supreme court case as picking a fist fight, in which we are badly out numbered.
    Once you have started a fist fight it is much harder to negotiate, especially from a loosing position.


    I would rather negotiate than fight, I would rather lobby than court challenge.

    So yes, check mate, if we follow this route.
    Alternatively, a British phase: Royally screwed!

    It make sense to use the wisdom tooth and be practical. But even with lobbying we will still have cat (Anti's)... no way to bell it?





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  • JA1HIND
    02-15 08:12 AM
    ........I strongly beleive that the H1B system and the EB greencard system has been setup to legally bring in high skilled workers as slaves and exploit them by taking away their freedom. We are no better than illegals, in the way we are treated by the goverment and the employers.
    I will fight this case atleast to try to prove my point before I leave this place.
    I am looking for some civil rights agency which can help me with the lawsuit. My fight is not for the GC, but it is for justice.

    Very well said & I just feel the same...I have already lost hope on this GC and can not predict how long its going to take but for sure before I leave this place and go back to home country I will contribute my best of share in this fight for justice and full support...count me in with out any doubt!!



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  • rb_248
    12-13 11:39 AM
    Hello All,

    First and foremost, i must thank everyone from IV, who is working tirelessly to resolve the issues of retrogression in the GC process. As an affected individual I am very grateful that leaders of IV are ready to contribute so much effort for its goals. And even though I do not actively work for the IV agenda, I have contributed money to some IV action items.

    I have a question/suggestion regarding the IV agenda. On IV's about page, pt number 2 asserts amongst other things,
    The Discriminatory Per-Country Rationing of Green Cards That Exacerbates the Delays.

    and further in the same point

    We do not allow employers to discriminate hiring based on their nationality or country of origin. Therefore, the employment-based immigration, which is a derivative benefit of employment, should also be free from rationing based on nationality or country of birth.

    I am curious to know what is the "legal" strength of these assertions is. Are they just "moral" statements or can the validity of these statements be tested in the legal framework of this country? In other words, my question is what is the constitutionality of the "Per Country Caps" in Employment / Family Based Immrigration procedures.
    A lot of Laws and Statutes have been challenged in the Judicial System of USA. And many more are challenged every year. And if the laws are not constitutional then they can be repealed.

    I am sure the leaders of IV must have thought about this argument however a quick search of the forums with 'constitutionality' as the search term did not return any results.

    IV's efforts to utilize Lobbying to bring about change to alleviate/eliminate retrogression are certainly beneficial. However, if IV has not already considered and eliminated this legal argument, then it should explore whether there is any substance to this approach.

    Hence this post. Below are some of the links that might be relevant.

    wikipedia article on constitutionality (http://en.wikipedia.org/wiki/Constitutionality)
    wikipedia category on US immigration case law (http://en.wikipedia.org/wiki/Category:United_States_immigration_and_naturalizat ion_case_law)

    thanks and sincerely,

    --soljabhai


    This is a good point. But, in its current state, will not fly. This can only be used as a supporting evidence for our cause. Lawmakers will never remove country cap. We can use this point in pushing any of our other agendas.





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  • Jagadish1978
    07-19 07:28 PM
    I have these below queries on Green card processing

    My Green card processing background
    My labor and I140 are approved and have priority date of May 2006 under EB3 category.

    The reason for these questions is that I am planning to change the company that I am working with.

    Questions.
    1. Can I port the priority date (March 2006) when applying for new green card with new employer.
    2. If possible to port the priority date can I apply under EB2 category assuming all other criteria satisfy for EB2 category and use the same (May 2006) priority date.



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  • Jerrome
    05-12 11:20 AM
    Please quote these sites where they mention what is happening in Sri Lanka is a "Genocide". What happened during WWII was a genocide of the Jews. The camps where the IDP's are kept are temporary where they are checked to make sure that there are no suicide bombers, terrorists etc. The LTTE is known to hide behind civilians and attack, like they do now from the safe zone. They are preventing the civilians from leaving the safe zone... so in effect the LTTE is committing a genocide of it's own people. If there is a Genocide then you would see it everywhere in the country, which is not happening. Half my family side is Tamil, and live in the south / central and west of the island. They are all fine and have no issues, now you go figure.

    Having said that i'm not gonna say that the SL gov is an angel, it has it's bad side and good side. I don't agree with the govt that Independent journalists should be kept away or intimidated, but coming from south asia (or any part of the world for that matter), you won't get any govt that is 100% good.

    It looks like your half family does not know what is happening in the camps. Rather these thrown out media reporters know about that in detail.

    Oh..I forgot to mention all the people who are talking in this report are LTTE and supporters of LTTE.

    http://www.channel4.com/news/articles/politics/international_politics/grim+scenes+at+sri+lankan+camps+/3126257





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  • Ramba
    05-11 07:34 PM
    It is easy to spit out numbers like this. Do you have independent proof of these? Please don't point us to LTTE run web sites. Provide hard proof if you can.

    As for "formerly superior Tamil competitiveness", I am sure what you refer to is, the fact that during the British period, the Tamils were given the lion's share (pardon my pun) of all the civil service and other administrative jobs as part of their divide and Rule policy. When SL gained independence of course, things changed so that formerly discriminated Sinhalese started getting their fair share of thse opportunities. Mind you that Sinhalese are after all 75% of SL. Are you saying it is fair to ask 12% of the population (SL Tamils) to have 50% of all the opportuniies and land and the resources reserved for them???


    Panani,

    I dont blame you for your post as you are singalese. However, don't try to hide the truth. Your post itself has the answer. British, did not discriminate the singalse. Though, they ruled India and SL, they always respected the skills and knowledge. Thatswhy, tamils were in good position before 1948. SL denied the voting rights to estate Tamils and want to keep them as slaves. 33% Tamils become 20% because of that act, apart from mass killing of Tamils by SL. SL are still doing forced/barbaric sterilization on Tamil women. The undeniable truth is SL did not want to Tamils to overtake them (pollitically, socially, economically,); though they are the natural born citizen of SL.

    I certainly blame GOI, for its mercyless view on Tamils, as they are killed in India's Doorstep. I dont blame one guy saying "its shame to carry the Indian passport".

    See the wikipedia It wont lie.

    There is a sizable population of Tamils in the Central Province, plantation laborers brought down from India by the British colonial authorities in the nineteenth and twentieth centuries. These Indian Tamils (or Estate Tamils), as they are called, still work mainly in Sri Lanka�s tea plantations. They have been locked in poverty for generations and continue to experience poor living conditions.[15] Although they speak the same language, they are usually considered a separate community from the Sri Lankan Tamils of the North and East.

    The government of D.S. Senanayake passed legislation stripping the estate Tamils of their citizenship in 1949, leaving them stateless.

    The effect was to tilt the island's political balance away from the Tamils. In 1948, at independence, the Tamils had 33% of the voting power in Parliament.[citation needed]. Upon the disenfranchisement of the estate Tamils, however, this proportion dropped to 20%. The Sinhalese could and did obtain more than a 2/3 majority in Parliament, making it impossible for Tamils to exercise an effective opposition to Sinhalese policies affecting them. The main reason for the imbalance was that several multi member constituencies elected a Tamil member of Parliament in a majority Sinhala electorate. The idea in having multi member constituencies was to prevent domination of minorities by a future nationalist government.



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  • jkays94
    05-25 12:08 PM
    I heard that if you apply on your own and move out of US, it becomes very difficult to let the Can immigration authority about your current location and keep track of all the correspondence with them. But, the agency/lawyer does this thing very efficiantly. Any opinion on this ?

    You can update your address online through the e-client tool. The only issue might be that your case may be transferred to a consulate location closer to you.

    http://services3.cic.gc.ca/ecas/ECAS.jsp?language=english&page=ECAS.jsp





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  • a_yaja
    07-22 01:17 PM
    To a_yaja,

    Thanks for your detailed story my friend. This thread is turing into a support group for Amway/Quickstar victims.
    How is your experience with your childhood Amway friend. Still friends or just keeping in touch because he has the acess to the Amway database? :P

    I have come across quite a few of the Amway/ Quickstart folks. Like most of the people have described here, they usually approach me in Walmart, Meijer, etc. My first experience was in the temple. This dude and his wife went "oh wow! you know so many languages." After talking to the dude, he said that he knew some of my childhood friends and he remembered my face and that we could have possibly played cricket together in our childhood days (this itself should have raised red flags - but I was naive then and didn't think twice). Long story short, we exchanged phone #s and next day he called me and asked me to meet him at his home. He was running an "ecomm business" and was looking for partners. I asked him if he was talking about Amway and he innocently asked me "What is Amway?" I agreed to meet him but something bothered me. I called up another childhood friend who was in Amway and asked him about this dude. Sure enough he was an Amway-ite and already a "Diamond". I was mad and did not go to his house. He called me a couple of times but I never picked up the phone.


    We remain good friends and agreed to disagree on Amway. Now our kids have also friends and when they grow up hopefully will continue being "friends from childhood" :-). And ofcourse - he is still a good source of Amway-ites.





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  • Saralayar
    03-17 10:33 AM
    Asking such things are not correct. Any how labor substitution is not happening much and individuals with real issues like kids going to the final years in school etc., are finaly deciding and trying to take this risk.





    newtoearth
    05-02 04:58 PM
    ...





    panini
    05-11 02:10 PM
    if you are Singhalese 40% is good for your start College, if not, you need 80% to continue for college.

    Totally incorrect. I challenge you to prove this.

    The fact is if you go to secondary (grade 6-12) school in a district that have the best schools like Colombo, Kandy and Jaffna (Jaffna used to have some of the best schools, now I am not sure), then you need to score higher than say from someoone from a backward district like Monaragala or Batticalloa that does not have good schools. This does not have anything to do with your ethnicity. It takes in to account that fact that those from areas with best schools with all the facilities have a better chances than those from less developed aras. So a Sinhalese from Colombo or a Tamil or a Muslim from Colombo needs to score slightly higher to get in to college than a Sinhalese from Monaragala or Tamil from Amparai.

    Please do not fabricate this kind of propganda. Tamils do have equal rights just as Sinhalese and Muslims in the country. The core of the issue is this blood thirsty and power hungry LTTE terrorists does not want peace. They know that they cannot survive in a peaceful situaltion. That is why thet sabotaged all the previous peace talks.

    The LTTE is right now cornered in an area less that 4 square miles. If the SL gov did not care about the safety of the civilians do you really think it is gonna take them this long to finish the LTTE. The reason is that the SL forces are moving very slowly and cautiously to minimize civilian casualties. The sad thing is that the LTTE terrorits are shooting at their own people to create a situaltion and get international attention. Isn't it ironical that the so called saviour of the SL Tamils Probhkaran now has to hide behind the saris of poor innocent tamils women to save his skin??????



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