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  • Desertfox
    07-24 07:59 PM
    This is the most accurate evaluation I have ever found on this forum regarding how USCIS works! :D

    For USCIS, 2007 was "let's reduce some backlog in EB3-category" year.
    It looks like 2008 is " let's reduce some backlog in EB2-category" year.
    On both occassions they hid their plans in right in front of us, and said "gotcha" to every one- AILA, IV prognosticators and Ron Gotchers of this world.

    I doubt USCIS will openly Re-revise the horizontal spill over policy. If they do that they may be challenged again forcing them to Re-Re-revise which will make them look even more stupider than they do now.

    There are other means by which USCIS can deliver justice- mafia style- but within the current law. They need additional help from DOS,DOL, etc.

    examples- (1) Generally sit on EB-2 adjudications, delay them and say there are unused EB2 numbers and allow them to spill over to EB-3

    (2) Clamp down even further on PERM - stretch it from 8 months to 36 months for every applicant including EB2-ROW, make even more unused numbers available to clear backlogs.


    p.s
    I do not harbor any ill-will towards ROW or any other category. I honestly think above things are possible. :)





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  • Kushal
    07-27 11:46 AM
    As someone else mentioned on this forum, it is illegal to earn while on H1-B from sources other than your employer.

    Nope that's not correct. You file your business earnings through 1099 and not W2. It has nothing to do with H1-B. Good luck.





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  • zCool
    05-09 05:08 PM
    All I can say is.. HUH???

    Now there are plenty of reasons to not go to canada.. but going to India and applying from there is NOT one of them:)

    Do you even know how long the wait is from India for processing time??
    It's 5 years and increasing BY THE DAY!

    for those in US GC and thinking of applying to canadian pr...

    DONT DO IT !!!

    You just end up spending around 3k-6k for you and your dependants, and it will go unused since you are waiting for US GC.

    the best way for canadian shit is to go back to India when you are sure you will not get the US GC. You can then apply for canadian PR from India.

    The canadian government just takes your money and you dont get jobs easily. Most of the jobs are for people with job experience "INSIDE CANADA".

    India is a good place to shit too. Your daily toilet does not HAVE to be in some other country if the restrooms in US are closed forever.





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  • sc3
    06-27 07:37 PM
    Christ is god's son! He does not need a Green Card or any other color card :D So what is the point of making it 0?:p

    Please do not spread rumors, can you please point me to the rule that says so? I did not see any Immigration law saying that God's Son doesn't need a Green Card. Christ wasn't born in USA, and neither were his parents US citizens, so his chance of US naturalization comes from a path through Green Card or Asylum. I dont think Christ had a 4 year degree (recognized by USCIS), so he does not qualify for GC based on EB1/2/3 categories. He could claim asylum though religious persecution, but then I am not sure if Christianity was recognized by USCIS during Christ's time :D



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  • roseball
    07-10 11:29 AM
    Wish you the very best byeusa......

    I might be moving to Canada next summer if there is no progress in my case here...My PD is Nov 2003 EB-3...I got my Canadian PR in May 2005 and I have until May 2008 to move.....So keeping my fingers crossed..I too work for a Canadian company in US.....Wish you good luck...





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  • Legal_Guy_HiTech_Slave
    09-22 06:11 PM
    Hello Friends,

    I am going through a wierd situation with my GC process. Not that the EB3 PD is retrogressed but a different one. Silly it sounds. Please help me in making a right decision. Thank you in advance for your suggestions.

    EB3 category.
    PD : April 15,2003.
    Labor: approved.
    I-140: approved.
    I-485: Only registered the application,FP done. Not applied for EAD,AP and others as I was not married at the "All gates open time in 2007"

    My Wierd Situation / Issue: I was not married at the time when all categories were current in Jul/Aug 2007 and so I had only applied for myself for the application to register for 485 process (Main application), submitted my medicals, Submitted my DOB certificates and completed the 485 adjustment of status registration. I got married at the end of 2007 and got my all Finger Prints completed in December 2007. Now my wife is here on H4 and dont know if I should keep continue my 485 just to keep the file active or wait untill my PD is current (NO HOPES may be in my next life as it is EB3) and apply along with my wife. PLEASE help me with your valuable suggestions. I just want to be safe because I have been working here for 10 years on H1B visa and tired of this immigration rules and litigations.



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  • jackrabbit
    03-26 04:37 PM
    Has it passed? I cant wait for it to happen. Once it does, I will feel more confident leaving my employer knowing....





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  • hopefulgc
    02-13 07:39 PM
    this is an out of the box thinking .. deserves consideration.

    Why should we give big bucks to big names? Instead we can pay 50% to 75% of that to a bunch of fresh law school grads from Harvard or some other top law school and see what they can do?
    This way we would help young talent and also give them a platform to get their name in the front and at the same time we are not under cutting on their fees. Saving money but cutting unnecessary cost is the name of the game.

    Any thoughs or counter arguments?



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  • venetian
    05-12 01:40 PM
    If you are talking about SL Tamils, they are not immigrants but are the native sons of northern part of the present geographical area known as Sri Lanka. Before Europeans came, they had their own kingdom but when finally British left, they left it with hands of the narrow minded majority, who started to discriminate ingenious Tamils left and right.

    Of course there are Indian Tamils in Sri Lanka who were taken by British to work in the tea plantations.

    Current issue in Sri Lanka is between native Tamils and Sinhalese. Indian Tamils factor very minimal.

    Do some research before making a comment about entire ethnicity.


    Can I ask a question - tangential, maybe, but not by much. Why do Tamils have such a problem assimilating? Why don't they learn the local language and respect the local culture when they immigrate? Their motto seems to be "In Rome, be a Raman".

    And the opposite is true when people speaking other languages settle in Tamil majority areas - they are, dare I say, forced to integrate, because that is the only way one can manage to live on a day-to-day basis. Would Tamils ever allow a non-Tamil minority to gain even a tiny foothold in their areas where the Tamil writ would not run? I doubt it.

    Note that I am a firm believer of learning and respecting the local culture and integration. One does have a 'right' to propagate one's own language and culture, but they lose that right substantially when they emigrate to an alien land - whether it is within the same country or not.

    To extend the logic, when we (mostly people of Indian origin in this group, I would assume) immigrate to the US, while we may try to conserve our heritage in private, we cannot impose it on the locals. That is when you end up creating ill-will against immigrants among the native population. America has been a great melting-pot, and has had great success assimilating great waves of immigrants from various countries including Italy, Ireland, Scandinavia, Germany etc, and the reason it succeeded was that in a couple of generations, there was total integration into the American culture. We owe it to our adopted country to do the same.





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  • NKR
    02-15 04:15 PM
    Human nature is what tends to create the monopoly. That's the reason for having laws, we know favorism will always exist but a law would prevent it from going over the limit. The way you want it we'll have whites-only-business, asians-only-business and so on..
    When you are tired of this discussion you should ask to stop the ones who started it saying their people are better and brighter than others and hence deserve larger immigration volume, before you ask to stop the people who answer them.

    I beleive that there should be more representation of people from other countries in desi companies, but when more number of desis apply for jobs. Is it any fault of the company is they are hiring only them?.



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  • chanduv23
    02-13 12:01 PM
    Chanduv,

    I know in the past many times it was debated -- why people do not support? Let me put forth what I feel.

    Effort put by IV is very commendable. But the beneficiary of IV work (mostly) do not give importance to Green Card. That is what I think based on talking to multiple people and that is what we see from the % participation of people for various fruitful effort put forth by IV. Most of them say they do not care if they get GC or not. In their heart of heart they may but not too much.

    Other reason I can think of is -- There could be doubt in minds of many people of IV strength. The day IV gets some success, people will rally behind IV for a while. And that is the scenario outside world too. See the stock price. If the company is doing good, stock price goes up. The day one bad news comes, stocks falls down. Take the presidential election. You can very well make out that contribution by company or people is proportional to candidate wins. If you are loosing, contribution will dry out very fast. I am not saying that candidate will not have supporter but that would be less in number. Take N.T. Rama Rao case. The day Naidu ditched him and others followed him, no officials gave importance to NTR.

    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.

    Thanks for all your wonderful help to the community - people like you inspire others.

    Please do not misunderstand my response to your earlier post, I was in no way pointing fingers at you but was trying to clear common misconception that IV must not be looked at like a software company doing good or bad at shares.

    Once again, I respect people's space - it will be great if all of us come together and make this a success





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  • shiankuraaf
    07-21 08:36 PM
    Its fine so long as they are back before their AP expires.

    Thank you so much.. I really appreciate that.



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  • glus
    02-13 07:19 AM
    Clear up your mind for a little while and consider this:

    The whole working world lives by on one simple rule ..... GETTING PEOPLE OFF YOUR BACK.
    The bigger PITA (pain-in-the-ass) you are... the higher is the priority you get.

    As a community we will need to become a PR nightmare for govt. officals... simply being an inconvenience is not going to cut it... we will have to become a "a cactus that is stuck in the colon".

    USCIS says EBs are retrogressed because there are XXXXX people in the queue. Why is the queue so long? Because they wasted numbers in the past and kept the queue long. This is pure operational inefficiency that is resulting in monetary, emotional and mental loss to about a million people.
    This is a valid ground for a class action lawsuit.

    By filing this suit, we will become the "cactii in the colon" that they will have to address. And you know what the easy out of court settlement will be..... RECAPTURE!

    We will keep lobbying and crying as we usually do.. But this thing has a far better shot than anything else.

    Class actions are not performed easily. First,one needs to show that an agency acted illegally and that action caused many people harm. The fact that USCIS did not use all the visa numbers is not automatically illegal. The law says that the MAXIMUM number of visas, for example, in the EB is 140,000 per fiscal year. It does not say what's the minimum. I am not an attorney, but if that were an easy case, many times would someone else have tried it. Good idea, but as far as I know, difficult to fight from a legal point of view. I'll ask my attorney about this and will keep you posted.





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  • add78
    09-24 04:41 PM
    IV has been discussing about the possibility of one for two solution (partial). The idea is to request congress to exempt EB applicants & their dependents from numerical limits of the Immigrant visas, if they buy a home. It is my belief that market sentiment is the most important thing in any financial market(s) and the housing prospects look pretty bleak. There are lot of members in the EB community that have NOT bought their own home, even though they could afford one because of the uncertainty with EB GC. IV's idea is to bridge the financial committees and judiciary committees in the House/Senate and see if corresponding Chairman/Ranking members are willing to listen. Things are moving so fast with the 700bn USD bail out plan and we will NOT have time to do things the normal way, through our counsel. We have to present this idea to the corresponding staff members of key members of congress (see list below) and see if this gets traction now or going forward.


    Are there any influential members in either house that are also pro-EB that we are especially targeting? I mean since House and Senate is debating on the bailout plan now and with McCain going back to DC to reach some agreement, there will be different ideas that can be included in the bailout, if we can get our idea across a few influential and sympathetic Representatives, they might come up with some proposal that will include this. I am sure Core is working with our lobbyists on this so I urge everyone to please send out emails.



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  • panini
    05-11 05:11 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???



    Whoever is supporting the SL govt. Do you deny these facts. From 1948 various SL govts been using different approaches and policies to discriminate Tamils in SL,Now it is in the name of fight against Terrorism.

    Ever since independence in 1948, government policies have systematically violated the social, economic and cultural rights of Tamils: through the disenfranchisement of the Indian Tamils, through state sponsored colonization of the North-East by Sinhalese settlers, frequently accompanied by forceful eviction of Tamils, through a discriminatory language, education and recruitment policy which pursued but one aim: the Sinhalization of the state. Today, more than 90 % of civil servants, and 99 % of the security forces are Sinhalese. The politics of �positive discrimination� of the Sinhalese appears presently to be transformed into one of long-term exclusion of the Tamils because of proven incapacity. For what reasoning other than to eliminate the formerly superior Tamil competitiveness once and for all, while prolonging, even cementing Sinhala domination well into the next generation, can be adduced to explain the surplus of 14 000 Sinhala as against a shortage of 10 000 Tamil medium teachers, the lack of the most elementary school equipment (over 120 000 desks and chairs in the Vanni alone); a teacher pupil ratio of 70 to 1 in Tamil areas as against 22 to 1 for the rest of the country? The results of this outright violation of rights manifest themselves: in the competitive examinations for the Sri Lanka Accountant and the Administrative Service at most two Tamils were selected each year since the early 1990s!





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  • transpass
    09-03 05:28 PM
    Well, lemme give my 2 cents as I am from AP and follow politics very closely...I CAN TELL ONE THING - IF EVERYONE HAS THE SAME FACTS ABOUT SOME ISSUE, ESP. WITH ABOUT A PERSON, EVERYONE PRETTY MUCH COMES TO THE SAME CONCLUSION. So here are some of the facts, some first hand and some knowing by hailing from the area...

    I have first hand accounts about the person....There are corrupt guys and then there was YSR...to the extent most of you would not even believe!!! One of my friends was a police officer, and told me that YSR openly used to intimidate them if they did not oblige...

    It's funny someone mentioned that he had a vision, democratically elected etc., etc...My other friend comes from the same town as he, and told me how he literally 'ruled' the place with thuggery, force, intimidation, power, etc...

    Oh yeah sure he was a doctor...Did he not buy that degree through donation education from Karnataka, during good old days?

    Someone mentioned he was self made...He..Hee...He came from a well to do family, and then he made millions more through corruption, mining mafia, land grabbing, etc.

    We already have (too much) religious stuff playing politics in India. Instead of separating religion from politics, he took it up a notch...We have govt. paying the hajj pilgrims and now he was trying to have govt. pay for people who visit vatican...Sure, everybody is free to practice his/her own religion, but why should the tax payers pay for these trips?

    During the first term, it is a known fact that he allocated tons of treasury resources and govt. projects to his native area, even though other parts of the state desparately needed them...

    He sidelined other congress leaders in the state so that he would not have another voice...so much so that even though congress won many more lok sabha seats in AP than in TN, he made sure that no more than one or two MPs from AP become members of central cabinet (compared to 4 or 5 from TN congress and dmk alliance), so that he would not have a rival with power in AP. Forget about the other developmental benefits that AP could have availed by having central cabinet ministers. This is not a speculation, but following the way he ascended in politics, and the way he operates, it's not a rocket science to conclude that...

    When real estate in hyd exploded, he had his goons coming from his native place, illegally occupying the private land and govt. land alike. His brother and his goons are forcibly buying private land through intimidation. The sob even issued G.O. retroactively to pretty much legalize and take care of those forcible buyings.

    And by the way did I mention how many died since he turned politics into a sort of blood sport in Cuddaph district? People are already talking about making his son the CM. This is height of degeneration...What a pity...

    Now you might say, that's how it works in Indian politics, etc...But think about this way...

    He was a corrupt guy to the core, governs like a dictator, amasses ill-gotten wealth, eliminates rivals through intimidation and killings...In the process, none of the ordinary people did not have any betterment in their lives over the past 5 yrs. (with the exception of a few of his loyalists) and funny that the Indian new papers (or rather we should call them tabloids) are dubbing him 'Man of the people', etc.

    NOW TELL ME IF IT'S NOT A GOOD RIDDANCE, WHAT ELSE IS IT? I am not a proponent of someone dying an untimely death, but I am happy that it's a good riddance from the perspective of seeing an end to these dirty deeds, atleast from one person...I am positive everyone would atleast come to this conclusion...



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  • snathan
    01-16 07:20 PM
    There is no such requirement for fresh H1B as well as renewal as per Law. That is why we call it an ILLEGAL memo. We all need to fight this together.

    NB: I am not a specialist in law

    We need to come up with a road map and how to fight?





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  • sidbee
    06-01 02:19 PM
    Guys,

    I have been working here for 9 years and next year we plan to return back to India. I spoke to SSN customer service to find out my retirement and survivor benefits. Being an Indian citizen, all these are available only if me, or my dependants, have a valid residing status with the US, at the time of making the application. The contribution at this point is like getting a right to work. This is outrageous.

    We all have been legally invited into this country for a work, and that means the US gov should protect our legal and fair interests. It is universally true that everyone works to protect his family. Now here is a case, where I have no right to my retirement money just because I dont have a legal resident status. Whose fault is this. I already made the application 6 years ago. If my home country does not have the comparable SSN structure, then return the money back? We will pay the taxes and take the money back. Our kids need it.

    I dont know what is the appropriate channel to get this fixed. This appears more like human rights violation, or abuse. I am sure there are many in this forum who are in the same boat as I am. Can someone team up with me to do more research or share your discoveries.

    To the US, this is what I got to say:
    =======================
    If you want to protect the jobs for your people, please do it. You have every right. But please dont dump the people you officially invited to augument the workforce of your country into the waters. Before you bring in additional workers to support your companies, do necessary corrections in your immigration policies to let them in only with green card. Dont strangulate their careers. Your existing policies have been burning the aspirations and careers of a lot of innocent people from India and China.

    To those innocent legal foreign workers that have already gathered 40 points in SS, you owe them. They deserve citizenship, not green card. I know it is jumping across multitude of issues, but is it not fair.


    The only solution , to all our problems, is a LAWSUIT.
    The earlier some one has the balls to do it , the better it is.





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  • logiclife
    02-06 01:57 PM
    I dont think that you HAVE TO file I-140 within 60 days after labor is approved.

    --logiclife.





    senthil1
    06-26 01:14 PM
    EB3 other workers visa very less in numbers but more people are available as it is unskilled. So that case cannot be equated to high skilled categories.

    In EB2 and EB3 total eligible person I am expecting is 200 to 300K that too all may not file due to person reasons like marriage etc. For 100 to 140K Gc numbers 200k numbers will not make them too crowded to stop in the middle.

    did'nt that just happen to EB3-Other_Workers? The July visa bulletin turned their dates into U, and at the same time USCIS was asked to stop accepting applications (although dates were ok per the June bulletin). That was the note on immigration-law.com (with another note that AILA was looking into the legality of doing this)

    ================================================== =====================================
    06/16/2007: Unskilled Worker EB Category Visa Exhausted Even in June 2007

    * This is a truly bizzare news. AILA has reported that State Department had advised the the USCIS that the EB-3 Other Worker category had been exhausted., and based on this advice, thedUSCIS HQ has informed the Texas Service Center and the Nebraska Service Center to reject EB-3 Other Worker I-485 applications even though the June Visa Bulletin shows visa availability. It is indeed a double blow news to the Unskilled Worker community. AILA is looking into legality of this action.





    mpadapa
    09-23 10:57 AM
    I support this idea.
    Let us not deliberate about the details about the proposal. Let us leave it to the lawmakers to broaden the scope of the proposal. The key is to make the lawmakers aware that the EB immigrants can and are willing to provide a helping hand to improve the current housing crisis.



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