angelfire76
06-02 05:59 PM
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.
How those Indian guys over in the UK filed their lawsuit against UK immigration changing it's rules without notice? I think they filed a public litigation against the government.
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.
How those Indian guys over in the UK filed their lawsuit against UK immigration changing it's rules without notice? I think they filed a public litigation against the government.
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mchundi
01-23 06:41 PM
Can they use same LC for more than one I-140?
Trying to understand damage done by LC substitution scams.
My understanding is they can and they do that. U will only know when the AOS is taken up for processing. In this case there were 5 of them on the same labor. Even 140 gets approved, but not 485. I really wud like to know how VISA numbers get handled in these cases.
I know several guys who took this path. Of them only one was a genuine case. All others were some kind of deals. Only one of them had a bad deal(Thanks to Mandalapa). Others r still happy with their EAD's.
I mean this is a widespread practice. I situations like now when we have so few VISA numbers it is unfortunate one for us if those VISA numbers r lost.
Trying to understand damage done by LC substitution scams.
My understanding is they can and they do that. U will only know when the AOS is taken up for processing. In this case there were 5 of them on the same labor. Even 140 gets approved, but not 485. I really wud like to know how VISA numbers get handled in these cases.
I know several guys who took this path. Of them only one was a genuine case. All others were some kind of deals. Only one of them had a bad deal(Thanks to Mandalapa). Others r still happy with their EAD's.
I mean this is a widespread practice. I situations like now when we have so few VISA numbers it is unfortunate one for us if those VISA numbers r lost.
sunny1000
12-13 03:30 PM
The OP was whether the country quota is constitutional. My interest was to find out if the current laws and regulations are violated by the country quota.
As lazycis pointed out, SC seems to uphold the current situation.
I was not looking into arguing in a court whether a particular regulation is fair or not. The law is what it is (what I or you consider fair or unfair is immaterial), question was : Is the law being implemented or not? Seems like it is.
To change the law, we as IV are lobbying and meeting lawmakers already.
Unless a constitutional lawyer says otherwise, I see no reason to pursue the country quota in a court, considering lazycis post.
You are right. The courts have long taken a position wherein they give a lot leeway to the Congress and the Executive when it comes to Foreign policy and immigration definitely falls under foreign policy.
As lazycis pointed out, SC seems to uphold the current situation.
I was not looking into arguing in a court whether a particular regulation is fair or not. The law is what it is (what I or you consider fair or unfair is immaterial), question was : Is the law being implemented or not? Seems like it is.
To change the law, we as IV are lobbying and meeting lawmakers already.
Unless a constitutional lawyer says otherwise, I see no reason to pursue the country quota in a court, considering lazycis post.
You are right. The courts have long taken a position wherein they give a lot leeway to the Congress and the Executive when it comes to Foreign policy and immigration definitely falls under foreign policy.
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gbof
08-15 09:13 PM
I think this is a very good post.
To add to this:
This incident has nothing to do with India. It just happened that SRK was from India.
After 9/11 we all know security measures are tight and rightly so.
For them it does not matter if it is
1. SR Khan who works in movies or
2. XYZ Khan who is a computer programmer or a cab driver.
If the name flashes in the computers they do the required checks.
Do you feel people with Muslim sounding names are targeted more?
No wonder, it is likely. DO NOT Blame USA TSA for that. Blame Osama Bin Laden for putting innocent Muslims through this.
Add to this:
Not even a single incident happened on american soil after 9/11 and credit for this goes to EFFECTIVE security system in place and this will stay in place because no body will interefere on this
America is still fighting 2- wars (yes, Iraq and Afganistan mess is not over yet) BUT its citizen are still having very normal life - credit goes to home land security
To add to this:
This incident has nothing to do with India. It just happened that SRK was from India.
After 9/11 we all know security measures are tight and rightly so.
For them it does not matter if it is
1. SR Khan who works in movies or
2. XYZ Khan who is a computer programmer or a cab driver.
If the name flashes in the computers they do the required checks.
Do you feel people with Muslim sounding names are targeted more?
No wonder, it is likely. DO NOT Blame USA TSA for that. Blame Osama Bin Laden for putting innocent Muslims through this.
Add to this:
Not even a single incident happened on american soil after 9/11 and credit for this goes to EFFECTIVE security system in place and this will stay in place because no body will interefere on this
America is still fighting 2- wars (yes, Iraq and Afganistan mess is not over yet) BUT its citizen are still having very normal life - credit goes to home land security
more...
hiralal
06-12 08:16 AM
You are contradicting yourself in your arguments. One one side you say you are highly skilled on the other you say you are worried about depressing wages for citizens like YOU. If you were so competitive, why would you worry about competition.
If farmer grassley's bill passes through, you are the one who is going to lose your job (if you are still working at MSFT). Balmer has already threatened to move the jobs out of the country if Mr Change goes along with his protectionist policy.
http://immigrationvoice.org/forum/showpost.php?p=345899&postcount=1
BTW none of us on this forum favors outsourcing. Whether you like it or not, nobody can prevent outsourcing. Even if corn farmer's bill survives, outsourcing will go on. If you are looking for job security, you need to change what you do for living. This applies to all of us on this forum as well.
Could the unions stop the shifting of manufacturing jobs to China. You are living in the capitalist capital of the world. Don't think companies will help you cling to your job just because you want them to.
BTW you claim only 20% of H1Bs are genuine. How did you arrive at this figure. Have you interviewed each and every candidate who received H1Bs ?
You seem to be echoing anti-immigrant's concerns. Antis also complain that MSFT product quality has been going down since they started hiring H1Bs. I guess they were complaining about people like you.
guys / friends / fellow members ..LET US NOT LOSE FOCUS !!!
why are we debating the past ..we cannot change anything .. these things (misuse, fraud etc) are part of life and it happens everywhere ...it is not in our hands ..hopefully these guys who do fraud will suffer in some other way (for e.g ..many bought homes at higher prices etc).
let us focus on some sort of campaigns instead of debating (mr dilip in this case) ..believe me ..he will keep on debating and wasting our time
If farmer grassley's bill passes through, you are the one who is going to lose your job (if you are still working at MSFT). Balmer has already threatened to move the jobs out of the country if Mr Change goes along with his protectionist policy.
http://immigrationvoice.org/forum/showpost.php?p=345899&postcount=1
BTW none of us on this forum favors outsourcing. Whether you like it or not, nobody can prevent outsourcing. Even if corn farmer's bill survives, outsourcing will go on. If you are looking for job security, you need to change what you do for living. This applies to all of us on this forum as well.
Could the unions stop the shifting of manufacturing jobs to China. You are living in the capitalist capital of the world. Don't think companies will help you cling to your job just because you want them to.
BTW you claim only 20% of H1Bs are genuine. How did you arrive at this figure. Have you interviewed each and every candidate who received H1Bs ?
You seem to be echoing anti-immigrant's concerns. Antis also complain that MSFT product quality has been going down since they started hiring H1Bs. I guess they were complaining about people like you.
guys / friends / fellow members ..LET US NOT LOSE FOCUS !!!
why are we debating the past ..we cannot change anything .. these things (misuse, fraud etc) are part of life and it happens everywhere ...it is not in our hands ..hopefully these guys who do fraud will suffer in some other way (for e.g ..many bought homes at higher prices etc).
let us focus on some sort of campaigns instead of debating (mr dilip in this case) ..believe me ..he will keep on debating and wasting our time
cagedcactus
06-21 03:20 PM
I took upon a couple of new employess in 2004 October and trained them for couple of months as per my job requirement. The company later laid off few guys and substituted two approved labors with these two guys. They got their greencards last year, while I am stuck with a F***ing 2003 PD.
I cant even say how mad I was over getting screwed like this, but hey, if there is any good left, maybe I will have my day too........
I agree with your post here.....
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.
I cant even say how mad I was over getting screwed like this, but hey, if there is any good left, maybe I will have my day too........
I agree with your post here.....
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.
more...
rajesh_kamisetty
07-10 11:17 AM
I need to hear more stories like this to realize I won't be alone when time comes for me to pack up.
Me and my wife really like to live and work in other parts of world and we have even asked my company to send us out of USA. The only reason for me at this point to pursue GC is for my wife be able to work part-time.
Otherwise, I am very content being on H1.
Me and my wife really like to live and work in other parts of world and we have even asked my company to send us out of USA. The only reason for me at this point to pursue GC is for my wife be able to work part-time.
Otherwise, I am very content being on H1.
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paskal
02-14 03:13 PM
Since the lawsuit is about the getting the lost visa numbers it will be a good case.
4. INA Section 203(e) provides that family-sponsored and employment-based preference visas be issued to eligible immigrants in the order in which a petition in behalf of each has been filed
The law does not mention anywhere that u cannot recapture numbers.
the law does say that the GC numbers expire if unused.
once expired USCIS has no power to use them.
you need to study this deeper if you want to consider a challenge.
4. INA Section 203(e) provides that family-sponsored and employment-based preference visas be issued to eligible immigrants in the order in which a petition in behalf of each has been filed
The law does not mention anywhere that u cannot recapture numbers.
the law does say that the GC numbers expire if unused.
once expired USCIS has no power to use them.
you need to study this deeper if you want to consider a challenge.
more...
luncheSpecials
02-15 04:38 PM
I totally blame bodyshoppers for the mess
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brahmam
09-17 01:27 AM
Here are the authentic numbers from FLCDataCenter.com (http://flcdatacenter.com/CasePerm.aspx)
My analysis from those mdb files: (they are tricky because the data is for FY2005 while the priority date calculations we are doing are for the calendar year)
calendar year 2005 ( received date between 3/19/2005 - 12/31/2005) = 8645
year 2006 (rcv date between 1/1/2006 - 9/27/2006) = 15008
after this it gets bad since the data has no receipt date, only certified date. my estimate is around 12000 for those 3 months of 2006.(total number of certified PERMs between 10/2/2006 - 03/31/2007 = 13873)
total PERM approvals with PD between march 2005 and Dec 2006 ~ 37000
If EB2 is 50%, we are talking ~19000, with an avg of 2.5 GCs per PERM, we need 47,500 GCs between Mar 05 and Jan 07.
Good luck every one :(:D:mad:
My analysis from those mdb files: (they are tricky because the data is for FY2005 while the priority date calculations we are doing are for the calendar year)
calendar year 2005 ( received date between 3/19/2005 - 12/31/2005) = 8645
year 2006 (rcv date between 1/1/2006 - 9/27/2006) = 15008
after this it gets bad since the data has no receipt date, only certified date. my estimate is around 12000 for those 3 months of 2006.(total number of certified PERMs between 10/2/2006 - 03/31/2007 = 13873)
total PERM approvals with PD between march 2005 and Dec 2006 ~ 37000
If EB2 is 50%, we are talking ~19000, with an avg of 2.5 GCs per PERM, we need 47,500 GCs between Mar 05 and Jan 07.
Good luck every one :(:D:mad:
more...
Bpositive
07-22 09:17 PM
I am the primary application on my I-485 EB2. I have a valid AP. With the massive time it is taking to get the GC, I am considering working in India - with same employer; same salary. Can I do it and come back into the US while AP is valid?
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ramus
06-28 01:00 PM
Nope... You can send it on Saturday for 2 day delivery so they will get it on Monday.. When you send it on Saturday , make sure you do 2 days delivery..
From what i know,your application will not be accepted if it reaches there before July 1st. Since July 1st is a sunday, the earliest you can send it is Monday july 2nd.
From what i know,your application will not be accepted if it reaches there before July 1st. Since July 1st is a sunday, the earliest you can send it is Monday july 2nd.
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sunny1000
12-13 05:30 PM
Note that it would certainly not benefit the other 60%+ from countries other than India that are also stuck in various steps (EB3, name check). So, unless you want IV to stand for IndiaVoice, you should concentrate your admirable effort on increasing the overall quota (with increased per-country quota), excluding dependents, etc.
Well said!
Well said!
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vikki76
05-10 04:33 PM
Australia is backup option for me. For various personal reasons-I didn't chose Canada.
Cons of immigration to Canada
-Weather
-Dependency on US
-not very diverse society
Pros of Australia
-Weather
-Trading partners with N America,Europe,Asia
-Very very diverse society with east europeans,south east asians
As for job scene,I am thinking that both are almost same, but in Australia,indian firms have a major presence.It is cheaper to open an office in Melbourne than in Bangalore!.
Cons of immigration to Canada
-Weather
-Dependency on US
-not very diverse society
Pros of Australia
-Weather
-Trading partners with N America,Europe,Asia
-Very very diverse society with east europeans,south east asians
As for job scene,I am thinking that both are almost same, but in Australia,indian firms have a major presence.It is cheaper to open an office in Melbourne than in Bangalore!.
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snram4
01-24 05:41 PM
If most members are opposing the memo that is fine for me. I will take neutral Stand. Anyhow best wishes for winning the lawsuit if you file and win
I am not sure if this snram4 is sadist or outright idiot. On more than one occaction couple of guys spit on his face and still he is not bothering and enjoying that. Reponding to his thread is simply waste of time. I dont know if there is a special category for GC and thats what he got.
I am simply amazed how stupiid he is. When this thread started there were couple of people supporting this memo. Once they understood no longer they are supporting. Snram4 is the only guy still supporting and talking all nonsense. I tried to educate him but failed miserably.
snram4...whatever may be the case whether people are going for law suit or not, You are not going to add any value with your pea nut size brain. Why dont you simply go away rather than talking all nonsense and wasting everyone's time. No one is bothering you or stupid comments. So many people asked you to go away...why dont you consider that for GOD shake.
I am not sure if this snram4 is sadist or outright idiot. On more than one occaction couple of guys spit on his face and still he is not bothering and enjoying that. Reponding to his thread is simply waste of time. I dont know if there is a special category for GC and thats what he got.
I am simply amazed how stupiid he is. When this thread started there were couple of people supporting this memo. Once they understood no longer they are supporting. Snram4 is the only guy still supporting and talking all nonsense. I tried to educate him but failed miserably.
snram4...whatever may be the case whether people are going for law suit or not, You are not going to add any value with your pea nut size brain. Why dont you simply go away rather than talking all nonsense and wasting everyone's time. No one is bothering you or stupid comments. So many people asked you to go away...why dont you consider that for GOD shake.
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EkAurAaya
07-17 09:58 AM
Note to Moderators: I posted the same question as a separate thread, but then I thought this would be a good place to pose the question too...
Heres the background...
Primary:
EB3 Feb 2003 PD
i140 Approved
i485 files June 2007
for both wife and me...
EAD/AP - approved Sept 2007
EAD extension received June 2008 (1 year)
AP extension pending
(we have not used EAD/AP yet - we both are on H1b)
Derivative:
EB2 April 2004 PD
i140 Approved
Pending - i824 in Sept 2007 to convert AOS to CP (hoping it will get through by Oct this year)
Question:
Assuming we will get CP interview before AOS gets adjudicated, do you forsee any potential issues in this scenario?
Thanks in advance!
Heres the background...
Primary:
EB3 Feb 2003 PD
i140 Approved
i485 files June 2007
for both wife and me...
EAD/AP - approved Sept 2007
EAD extension received June 2008 (1 year)
AP extension pending
(we have not used EAD/AP yet - we both are on H1b)
Derivative:
EB2 April 2004 PD
i140 Approved
Pending - i824 in Sept 2007 to convert AOS to CP (hoping it will get through by Oct this year)
Question:
Assuming we will get CP interview before AOS gets adjudicated, do you forsee any potential issues in this scenario?
Thanks in advance!
more...
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pointlesswait
09-15 03:57 PM
with everyone worried abt the economy and health reforms.. Immigration reforms are toast this year.
While we must pursue the overall reforms,
i suggest that we also seek temporary relief seeking lifting of the ban on filing for 485 for the next 2-3 months... this will help most EB3 and EB2 (I/C/) who missed the 2007 window.
What are the chances of such a relief being provided?
Will a mail campaign work?..plz raise your hand if you are interested..;)
While we must pursue the overall reforms,
i suggest that we also seek temporary relief seeking lifting of the ban on filing for 485 for the next 2-3 months... this will help most EB3 and EB2 (I/C/) who missed the 2007 window.
What are the chances of such a relief being provided?
Will a mail campaign work?..plz raise your hand if you are interested..;)
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jayus2k
12-13 11:46 AM
We don't have to discuss with lawmakers. The congress can pass any law and the law will be implemented as long as the courts decide it is not constitutional.
Given our current state, the current laws do not work (for us).
we have two alternatives->
change the law (Lobbying helps here)
challenge the current law (Judicial review will help here)
Given our current state, the current laws do not work (for us).
we have two alternatives->
change the law (Lobbying helps here)
challenge the current law (Judicial review will help here)
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rick_rajvanshi
05-25 11:21 AM
Is there a site that gives step by step instructions to filing for canadian PR? Like what sort of documents you need and when?
Go to CIC web site and download all the forms and instruction book you need in pdf - Fill them yourself - Pay fees - Follow instructions which come after filing - Simple process.
start here http://www.cic.gc.ca/english/immigrate/index.html
Go to CIC web site and download all the forms and instruction book you need in pdf - Fill them yourself - Pay fees - Follow instructions which come after filing - Simple process.
start here http://www.cic.gc.ca/english/immigrate/index.html
abhijitp
02-13 01:23 AM
Per country limit applies to every country in exactly the same way. It doesn't discriminate between Chad or China. So, how is it discrimination? And think about it- in Olympics soccer/basketball every country can send only one team. Should China and India be allowed to send more teams since they have a larger population? We should try to increase the number of GCs.
Do not evade the question, is it okay to limit the number of gold medals per country to 7% of all? Talk about athletics or swimming, not soccer. Do you believe there are "too many" swimmers from Australia or the USA in every Olympics? It just does not seem right... the quota system kills competitive spirit.
As Logiclife said in his post, EB GC inherited country caps from Family Based GC program. They are inappropriate in an EB GC scenario, and should be removed, that's it!
Do not evade the question, is it okay to limit the number of gold medals per country to 7% of all? Talk about athletics or swimming, not soccer. Do you believe there are "too many" swimmers from Australia or the USA in every Olympics? It just does not seem right... the quota system kills competitive spirit.
As Logiclife said in his post, EB GC inherited country caps from Family Based GC program. They are inappropriate in an EB GC scenario, and should be removed, that's it!
alisa
02-15 02:13 AM
How would letting "people" know that there is a problem help? The only people that matter are politicians.
I dont' mean people in general. I mean people like you and I.
Average Joe is probably not googling 'retrogression' as he enjoys his baby back ribs.
People like you and I are.
It would increase membership. Which would increase funding. Which would enable us to lobby more. Which will have a greater chance of success.
From Einstein's famous equation:
membership+funding+lobbying+patience = chance of success
Anything else = Absolute failure.
I dont' mean people in general. I mean people like you and I.
Average Joe is probably not googling 'retrogression' as he enjoys his baby back ribs.
People like you and I are.
It would increase membership. Which would increase funding. Which would enable us to lobby more. Which will have a greater chance of success.
From Einstein's famous equation:
membership+funding+lobbying+patience = chance of success
Anything else = Absolute failure.
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