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  • gc4me
    02-13 12:16 PM
    immigration-law.com posted country wise EB visa allocation for the year of 2005. For example, Nepal used only 70 EB3 visas. Whereas country limit is 7%. In that case how EB3 Nepal is retrogressed?

    Can we sue USCIS? Let's discuss.
    In that case, let's hire an attorney.





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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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  • bfadlia
    02-15 05:58 PM
    Can't you understand the meaning of fair shot and equality ? Let people apply in FIFO . Don't tell me what US wants ? No one has a clear idea of it.and suddenly people like you for your personal interests have started opposing IV's skill based initiative because your dates moved a little ahead and supporting existing discriminatory laws. What will happen when they retrogress again to 1999 next month ? What will be your stand then? Did you come to IV rally ? Probably not because you think of your personal interest and have nothing to do with the big picture.

    No. I can't understand fairshot and equality when major bodyshops from a certain nationality flood the market here with people from that certain nationality, u keep ignoring that and coming back to the stupid suggestion that it's only because u have more talent
    suit urself, anyone who argues with you reasonably, tell them they are wrong and make assumptions about their motives and insult and alienate more members of your organization
    good luck





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  • sachug22
    09-24 06:40 PM
    If you see the number of application pending in EB2 ROW for 2007 and 2008 they are huge compared to previous years somewhere in hundereds which can mean having the above said issues. The number of applications related to the above mentioned issues cannot spike significantly in just 2007 and 2008. Either the data is old and can mean that these applications are processed and approved and we wait until the new data is posted.

    You can compare this with the PERM data. PERM data has very low EB2 ROW application in a given year and hence has always remained current.

    Is my assumption correct?

    CIS files your application until its time to process. Check the processing dates for Texas and Nebraska service center they are still in second half of 2007. So these applications are filled and waiting for the processing dates to move forward.

    I am not sure if any of your application was delayed due to CIS processing delays, but if they have limited resources they have to go sequentially in order of receipt date (and at time simple approvals AP/EAD could take 4-6 months).



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  • sk2006
    08-15 03:43 PM
    Why are you guys talking about human trafficking? In this case SRK was not detained for that. He was detained only for his name match.

    This is an atrocity of one particular officer. TOI article posted by OP says "There were other immigration officers who even vouched for me but this particular officer did not listen to anyone". You have to notice the gap here. SRK was detained for identity check because of his last name. When other officers vouch why he was still detained.

    Thing we should be worried about is, if SRK - who has MPs and other big shots behind him to prove him - needs 2 hours to prove his identity, think about commoners like us. We may get lost without help.

    What did the officer do wrong if the name matched.
    Do you know there is a CNN reporter who is a white guy and his name matched with some name on the security check list and the guy was harassed multiple times on different airports within USA.
    If a known person in USA can get such treatment, SRK IS NOTHING.
    SRK Fans think the is someone special!





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  • snathan
    08-18 11:22 PM
    sorry, I love preaching.

    by the way I was referring to "the guy who thinks americans think he is a slumdog...." not you or everyone. But then again you think that I think that you lead a life lower than average. If you think you agreed with me, instead of calling it obvious being defensive and, just agree with me. OK? And get that chip off your shoulder as well.

    Can you tell me what do you think finally and what others supposed to think about it...:D



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  • Jerrome
    05-01 10:19 PM
    What do you know, if you don't know anything then shut the hell-up and don't reply.

    I have been to srilanka and only tamils in colombo should have ID wherever they go. I was checked in multiple places because i was from TN.(this was back in 2000).

    I have met hundreds of businessman from srilanka in TN who lost everything and doing daily work to live. They were not from south or north part of SL but from colombo..

    Do you know how many tamils fled that country and living all over the world.

    Even now there is no political solution provided by SL govt after they clear out the so called Terrorists.

    It is India's business because india provided training and weapons to the so called terrorists during indra gandhi period. If we don't mind then china and pak will mind and they will be at India's balls and they can squeeze as hard as they can.

    Please close this thread..it is not going anywhere..



    And who told you that they are being opressed - have you been to Sri Lanka and if yes which places did you visit to see the Tamils being opressed .

    The terrorists who come to fight in J&K from Pak say they are fighting because Indian Army and govt is opressing the Muslims . Is that true also ?

    Seriously I don't care - my personal opinion that in this particular case it is none of our ( India's ) business to meddle in Sri Lankan affairs when they are on the verge of getting rid of a menace they have . Terrorism is not a solution of anything . Only peaceful times can bring happiness and prosperity.





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  • gonecrazyonh4
    03-16 12:13 PM
    Many of us are not aware of the extend of labor subtituion and the impact that it has on the visa numbers .

    I personally know a case where 1-140 was filed in 2005, for a Labor which was approved as early as 2000.

    The person was able to get his green card in 6 months time (he has been in US only for 1 year, came to work with the Indian company and joined this new firm just to get his substitute LC) and ate away 2 visa numbers which a genuine GC applicant should have got.

    When there are applicants who are waiting for more than 5-7 years to get their green card and in some cases just to get through the labor certification process , isnt this grossly unfair?

    Advocates support LC substituion as it is just one more avenue for them to make more money. Unscrupulous employers support the LC substituion since it helps them to make money ( as I understand many of these companies sell LC) . Also same LC is used multiple times.

    The losers are genuine GC applicants who are ethical and companies which are ethical.

    As a H4 visa holder my life in this country has been so very limited that even opening a bank account or getting a driving licence is tedious as most people have no clue about H4 Visa-its limitations including absence of SSN and donot acknowledge ITIN number for many of the above purposes.

    We who are hindered by retrogression and the slow processing (actually no processing at all ) happening in the backlog centers should welcome this new legislation for Banning LC substituion.



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  • ganguteli
    06-02 04:14 PM
    If i had the time and money , to do it , I wont be appealing to IV to do it.
    I would have done it by now, and not requesting a team effort.
    This is what I am trying to tell you.
    Nobody will do it. Because we all are scared of risking our name added in the lawsuit against USCIS. We will all talk about filing lawsuit but cannot really do it.





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  • samay
    07-14 06:43 AM
    Hi,
    I (EB3-India, PD Nov 2002) got approved last year. We were only able to file my wife;s I-484 days before my approval. We are still waiting for her GC as my PD is no longer current. Is there any way she can get her GC quickly?

    Thanks,
    485_spouse

    Sorry she will have to wait for the your PD to get current.



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  • Macaca
    02-19 10:42 AM
    The following is from CNBC discussion on Friday.

    Richard Dekaser, Chief Economist of National City and Stuart Anderson from National Foundation for American Policy were interviewed.

    The topic was, is there really a "Skill Shortage or Pay Shortage".

    But Richard also said that US Immigration policy needs to be reexamined as it is more oriented towards family reunification which holds them people with less skills. 20-30 yrs ago we had criteria that reqd immigrants to meet a certain educational threshold. And as we are seeing increased need for talent in this country, we need to re-examine that aspect of immi policy and untill then we are gonna see this problem continue."





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  • bayarea07
    07-21 10:40 PM
    Another thing i found out about these amway guys is they lie about
    credentials of their upsells and about themselves just to show them as superior and successful in life, i know few friends of mine who though a big failure in the technical job they do (one has been kicked out of the job because he did not knew his work) but he keeps posting patents on free internet sites and writes technical blogs (most of them copied from different internet sites) just to show his downlines how bigshot he is.
    Complete wastage of time and money, do it if you want to alienate all your existing friends and family and if you did decide to join , be ready to be brainwashed by the new friends and group that you are going to have by making everybody else beside that group as a loser.

    By the Way when they introduce you to their boss ,their boss usually shows you a real check of 8-9K, is it usually a fake check given to them as part of the kit



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  • alterego
    10-04 05:50 PM
    I have seen all sorts of posting on both this forum as well as others supporting the process of labour substitution.
    This issue needs careful analysis. Just as a knife can be used for a useful purpose of slicing bread, but also for the criminal purpose of committing homicide, so can the LC be used by the employer to truly get a desperately needed skilled employee or to sell it to the highest bidder.
    In the former case it is appropriate whoever the beneficiary and however recently he has arrived. In the latter scenario it is neither fair nor appropriate.
    Much of the problem as I see it here is on the basis of the basic abuse in the system. In my view this provision in the immigration law leads to more abuse on the part of employers, lawyers and opportunist immigrants. All this to the detriment of fair minded law abiding immigrants.
    I have wrestled with this issue a lot. In my situation, I am in a situation of relative comfort. I have an approved 140 in a very stable job with pending 485s for me and my wife albeit with very recent PDs which I am not about to see become current for years in the current scenario.
    My wife is in an area of quite good demand where there are all sorts of substitute labours floating about. Technically, I could have her take the gamble with the security and back up my situation provides.
    Yet I have not done so (to date). Yet I am not foolish enough to make any long term bets either. I am an idealist but also a realist. I have much to gain or potentially lose by the scrapping of this provision. Hence I consider myself neutral and able to take a neutral view on this issue.
    My feeling is this thing is wrong as it currently stands. Yet I will not promise not to use it if the powers that be are stupid enough to let is stand as it is currently stated.

    That is my best asssessment of this situation.





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  • stuckinmuck
    05-25 11:19 AM
    Came across this link in one of our threads. I have friends in Canada who hate it there. They have not ended up becoming taxi drivers but feel they made a mistake going to Canada. If you need to leave the U.S., then a better option is to go back to your home country.

    http://www.notcanada.com



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  • sainwa
    08-17 01:32 PM
    has any one thought why did this happened at the same time when he is making a movie about a "Khan in US"?
    See the things behind. he made fool of every body , CNN, media, US Immigration, you and me and got a publicity which he could have not gotten by spending millions of dollars in marketing the films.
    and guess what? this was for free and he is in headlines in national news paper.

    I think he wanted this to happen to get publicity for this upcoming film, now see after this incedent you, me and all of us know about this forthcoming film and will be eager to watch it.





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  • samay
    07-28 04:09 PM
    Hello All,

    I travelled by car to Quebec-Canada and came back to US thru vermont on AP since my H4 visa stamping has expired. I was given an I-94A which has no expiry date and also is says single use. They didn't take my old I-94 and issued me a new one with no expiry date. Can any one please tell me if they had the same expirenece or should i contact the Immigrations and ask them to issues a new I-94?

    I read through a couple of forums and know that all were issued an I-94 with 1 year expiry date. What is the significance of that Date? I am asking this because we cannot travel on the same AP since the AP will expire in 1 year from the date of issue and hece we cannot use the AP even though the I-94 has 1 year validity.

    Hope some one can throw some light on this.I
    AP's are generally issued for multiple trips. I am little confused by your question. Could you please specify why is it that you think that you cannot use the AP again.



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  • jonty_11
    11-01 05:18 PM
    you may receive a letter in 1 -2 months.
    That may have a confirmation receipt number OR
    your whole packet back with reason as to why your application was returned. So read carefully and refile.





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  • chi_shark
    09-23 09:00 PM
    have you ever considered that you may be too dumb to comprehend it? you can be classified in the same people who called gandhi's idea foolish or idea of a personal computer outlandish etc... if you cannot believe just sit back, relax and enjoy the flight.

    i cant believe ppl think this is a brilliant idea..
    economy is screwed for a while..citizens are on life support..and you want immigrants to be welcomed with open arms..





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  • Imigrait
    06-16 04:53 PM
    For the most part it is if it were left to market forces. Employers, rationally, would only want as much as talent for the price they pay. Most importantly, employers would be willing to go the extra mile to sponsor green cards only if they perceive that the immigrant employee would add value both in the present and the future. Now again, when I say employers, I mean the genuine employers and not the fly by night consulting body shops or the outsourcing companies. I strongly believe that EB based GC for a very large part is built on merit. You may see sme cases wherein some ordinary people getting green cards. They, in my opinion , are mostly from these body shops who got "lucky".
    Of course everyone who have worse qualifications(according to who??-> dilipcr ) are ordinary. Rest of the people are good. This is the same argument as "now that I have GC, let me come out and say retrogressions and less GCs are good, cuz I am qualified and I already have GC."

    And yes I agree EB based GC is built by merit. Merit according to the employer who will keep paying the employee if the employee performs his job at least satisfactorily. Dilipcr is not the adjudicator here, the market aka the employer is. And...... the employer is making sure it is following the regulations prescribed by USCIS.

    Cant believe I am using that word !!!.
    What's not to believe? You just did!

    In my opinion it does not. But be careful in this forum though. People may view your statement as egotistic.
    People don't view any statement that you're from a top college as egoistic. Ppl view it as egoistic when after 15-20 years out of college you still throw around your college name to make other people treat you differently. Dude, after 20 years people from various colleges are working with you, some doing a worse job than you and some better, colleges don't matter any more for the current job. It might have some influence in a new job.

    Now the distortion comes into play when outsourcing companies flout rules and undercut the market through pervasive fraud. Like other industries such as manufacturing/agriculture etc, IT wages are destined to decline but not at this rate. The acceleration in the decline of wages is perpetuated by these scum outsourcing companies. If the decline in wages were let to decline at the speed of market, then it gives talented people time to upgrade skills or move to other industries without having to sacrifice quality of living. So per your argument, yes the end employer is following the rules by employing people from the outsourcing company because the employer does not know or looks the other way of the outsourcing company commiting pervasive fraud. Oh BTW that 80K number was just to highlight that the L1s should be paid high too. It was not based on any scientific or statistical evidence.

    Why are you calling outsourcing companies scum? So do you call the companies that manufacture in China as scum too? I know tonnes of engineers from Infosys, TCS, Wipro and others who work for Google,Msft,Apple,Amazon etc etc. So now that these people have bathed in Ganga(google etc etc) their scum is washed off?

    "the speed of market" -The outsourcing companies are part of the market. Yes the salaries have gone down, but that's according to the speed of the market, not due to some participants outside the market.

    "committing pervasive fraud" - No US or foreign company will keep a company if the value proposition dosen't work for them. For Building a webpage or multi tiered web applications we don't need a rocket scientist. Hence, the market is paying what is deserved. Would you be able to keep a job if you don't perform in the US? Then why will an outsourcing company be treated differently?

    Ok it seems lots of other people are also responding so I'll stop here. :D





    brij523
    02-13 09:10 AM
    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.


    IV in past has looked into all options. It is not possible to sue USCIS because the law protects them for what they are doing. they are following the law.

    If people think we have a case, please take initiative and lead this - you will know how ready the community is. All those who are talking big here on this thread will run away u will see them running 180 degrees the other side if you ask them to come for the class action.

    We are not able to generate enough letters - people tend to be rude when asked to sign letters and fight us finding fault with us.

    The only way we can achieve something is if we unite and that has to happen through community building exercises and inculcating a sense for the community in the people.

    I am ready to support this initiative if it is feasable - so please do not get me wrong or think that I am pessimist. The ckind of community we are dealing with, things are not that easy that we open a thread on IV and everyone follow it.

    How many sent flowers? Close to 300
    How many attended rally? - close to 2000
    How many sending letters ? - close to 2000

    All this after so much of cajoling and motivating. needhelp and gang working tirelessly trying hard to get signatures, standing outside grocery stores, standing in train stations, being so focussed - why can others not see what they are doing? The only way our community is going to succeed is by more people coming forward and complimenting efforts of needhelp and and this must keep increasing.

    Is the community ready to stand up and rise in unity? Or just opening threads and discussing anonymously and then burying the threads deep below?

    Can we walk the talk?





    unitednations
    02-18 10:36 PM
    In fact I guess most of the April 2001 245(i) cases are also getting through the Eb3 category...I thought that they would get into the EB3 Other workers category with the 10000 K cap........ I guess many of the cases you are referring to must be the 245(i) cases...


    As I remember, even when I came to US the first time in 2000, I was interviewed quite rigorously...They made me submit degree certificate and experience certificates and all...
    Cooks and driving instructors getting in on H1B??? That is news to me...


    Yeah, they are all 245i. If they aren't in USA; they can't get here on h-1b; job needs a degree. My point was that when people try to contrast family base with eb and which one is better; people would be surprised to know that people in family base generally would fall into definition of skilled worker and share same quota as eb3 professional but would have to wait outside usa since they wouldn't qualify for any temporary non immigrant visas.



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