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  • mbawa2574
    02-16 12:14 PM
    dear Bestia, I don't recall anyone calling the situation you described racism. I for one said it's human nature's favorism and, like it or not, it does jeopordize diversity, so you will have a hard time convincing US to let go something it wants for the sake of something else just because it's better for you.
    Please note that I did not start this discussion and I hate it as much as you, but the ones who started it did so by repeatedly saying that the disproportionate indian chinese lines here are mainly because they are 1- better and brighter than the rest of us 2- more marketable than us 3- more educated than us 4- all of the above
    can't you see the blatant racism in these explanations and my right as an ROW to be offended by them? I never intended to run down the indians and chinese when i say that no these are not the reasons, we all have equal skills and that the real reasons are the higher population of india and china and the skewed methods of bodyshops..
    i'll stop responding to the other idiot who has nothing but insults and conspiracy theories instead of real arguments, someone doesn't realize that 90% of IV members did not attend the rally, yes throw that in their faces and ask them to leave whenever you run out of idiotic arguments. really pathetic!
    You are a racist b* who just thinks about yourself and you have been planted here by other camp. U must have come out of some gutter country where democracy has no meaning and you don't know meaning of majority. You are favoring an agenda because it is good for you today. get the hell of this website. You don't belong here you racist bigot. May be we will need to track your ip address and throw you from here at some point of time.You hate Indians and Chinese and come back to IV where we have majority. This is not going to happen.





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  • vine93
    01-14 01:03 PM
    What I understood

    If you are on H1 and is validity more than one year. Keep continuing. Once expiration is withing 6 month , start finding the direct vendor. Make sure you start the process early. So that even if it rejected you have time to jump to direct vendor. My two freinds got victims of this rule recently this week only .Their transfer was rejected for this reason , Now they got the offer from Direct vendor , H1 trasnfer is in process . EAD should be unaffected by this memo.

    There is no doubt Small Desi co. given fair chance to all kinds of people from remote villages. Then again they took unfair advantages too. Its time to wrap up their business now.

    Situation is alarming indeed.





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  • msp1976
    02-13 04:04 PM
    This is why I mean USCIS/DOS was lazy. If there is total visas for the year (hypothetical 160,000). then only 40,000 are available by quarter. If there is 50,000 applications in the que then there is retrogression. Remember if there is more demand then what can be approved by quarter then retrogression.

    So what this means is that if there is 400,000 approved I-140's but only 300,000 greencards then 7% limit would apply because there are more people in the que then what can be approved by quarter. Therefore, ROW people would still be able to file throughout the year and then whatever is left in the fourth quarter that ROW hasn't used then it would spillover. Therefore, it would still give ROW people to continue filing and taking the visas while the 7% countires have to sit and wait for breadcrumbs until the fourth quarter.

    In the first three quarter the 'heavy' countries(India/China) would get numbers until the 7% caps hits and in the fourth quarter they would get the big chunck...

    If the law contains a 'continous recapture' provision( anything not used this year get recaptured again immediately for next year...) then it would not be long befor e all categories become current....By the way 'continous recapture' is one of the IV goals...

    Pl. Correct me if I am wrong....

    Now I have really started to appreciate the IV goals listed on the front page.....
    IV core team have gone through all this junk long before we got started and the goals take care of every point raised until now....





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  • webm
    02-12 12:51 PM
    Looks fresh and some positive movement for India EB3 ROW..this time atleast...:)

    Go India EB3 Go...


    Thanks to IV...


    ---------
    PD:Oct'01



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  • ashutrip
    06-26 02:11 PM
    Hey...No one can predict anything about Aug and Sept. You just have to wait till you get your LC and then check where dates are and file accordingly. There is nothing you can do about it, so relax and don't worry too much.
    If it makes you feel better, then people from 2001/2002/2003 are still still in line. You are lucky at least you have hope that you can file 485 if you get your LC in time.


    it tough to so relax and don't worry too much when I am aware that there are people from 2001/2002/2003 are still still in line doesnot make me happy but I can feel for these blokes.:( :(





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  • old_hat
    05-02 11:08 PM
    I am watching this thread last 36 hours, this is not media to discuss political issues, we are here to educate/lobby so called law makers of this country for our immigration issues.

    STILL BEING TAMILIAN, I HAVE RIGHTS TO SAY MY THOUGHTS


    Tamils in SL is not Indian citizen but they migrated long back still have culture,family relation in India. Rajive got assassinated because he is trying to implement unpopular/unacceptable foreign policy in SL simply by trusting his popularity (he deserved for his mistake) One Sikh killed Indira but we accept another Sikh as our PM. It is Indian gov. lobbied efforts to ban LTTE by western country. they are well organized, disciplined and high tech group. some people raise another issue, they recruited young children to fight, we all are talking so called democartic India, still encouraging child labor every where in India. Srilanka Government boldy refusing all western country pressure, even United Nation (UN, this is pice of shit in the trash) unable to convience SL gov. because it is backed by Indian gov. or you may called Sonia gov.


    Bottom line is Sonia is taking revenge on Tamils by supporting SL gov., after all she is from the country that killed Jesus.

    We already denounced India, I am carrying Indian passport with shame.


    What a massacre of history! LTTE has killed anyone who has opposed them. They killed Tamils who joined the govt. They killed Tamils who opposed them. they killed Sri Lankan Tamils, they killed Indian Tamils. They have believed in terror at every point of history. It is a terrorist organisation. I believe a lot of Tamils got killed ar Sriperambudar in the rally Rajiv was killed. Sonia on her part appealed for clemency to one of the accused who was sentenced to be hanged because she had a small child. Your passion and facts are getting mixed up here.



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  • Lasantha
    02-15 03:08 PM
    Excellent point brother!

    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.





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  • logiclife
    05-10 04:13 PM
    There is a lot of debate going on here, about how Canada and Australia have a better immigration system because they are points-based self-petition systems compared to employer-petition system here in US.

    I believe the employer-petition system is still the best system to implement for immigration. Its complicated, long and provides breeding ground for exploitation. But that is the ONLY way to ensure that the workforce is not oversupplied with labor and the immigrants who can gather points actually have the ability to get jobs.(look at Canada where Ph.Ds who aced the points sytem are inept in real world and drive taxicabs and blame the Canadian Government).

    If I score 100 points out of required 50 or 60 points for Canada, its all meaningless if I am inept and cannot get a job. However, I would contribute to my own well-being and to the workforce and economy if I can find a job and an employer willing to petition, even if I score 25 points out of required 50 or 60.

    US has the best immigration system and I believe the employer petition is the best method for adjudication. However, it has its problems in terms of delays due to bureaucratic inefficiencies and inadequate annual quotas. If Australia, France, Germany are going to adopt the Canadian model of points-based system, its not goint to help them or the ones who go there.



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  • somegchuh
    10-17 02:20 PM
    I wouldn't worry too much about getting a job offer before getting there. In fact I would suggest take your time to relax/look for jobs/business opportunities when you get there. You will be a PR and will have plenty of opportunities if you are not in a field requiring a license. In fact, the best part about being a PR is the doors it opens. Consider whatever interests you and makes good money!
    I know several ppl who have landed in Canada and switched fields.

    I am finally moving to canada in 2-3 months. Deadline for landing is March 3rd 2007.

    I am done with US Green Card and can not take this stress any more. Starting to sell my house and other stuff soon.





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  • alisa
    06-28 08:35 PM
    June 28, 2007
    USCIS: RUMORS OF EARLY VISA RETROGRESSION

    Late Wednesday, rumors emerged that the USCIS may attempt to retrogress the July immigrant visa numbers early in July and reject I- 485 (adjustment of status) applications filed early in the month. USCIS has taken such action already with respect to the �other worker� visa category involving non-professional workers.

    Visa availability is based on the U.S. Department of State Visa Bulletin, which is published monthly, not on a rolling basis. If USCIS cuts off visa numbers in mid-month, this would be a clear violation of Federal law and agency policy. If the USCIS were to take this arbitrary action, it would cause significant problems for applicants and employers alike.

    If USCIS cuts off applications on a certain date in early July, this will most likely occur without advance warning. In that case, not all applications will be accepted for processing. Be aware that that USCIS will reject an application unless it contains certain minimum supporting documents. For I-485 applications, minimum documents include a completed medical examination and birth certificates (or secondary evidence of birth, which must meet specific USCIS requirements). Applications for dependent spouses must include a marriage certificate. We strongly recommend that I-485 applicants obtain these and other requested documents as soon as possible. Until further notice, please do not plan to travel internationally during the month of July.

    We will work as hard and as diligently as possible to get I-485 applications filed quickly. This will require active cooperation by all applicants to obtain needed documents. Again, please understand that the proposed USCIS action is just rumor at this point, but if the USCIS takes such action, it will likely be without warning. Further, it is possible that there could be retroactive rejections of applications once filed. Unfortunately, this is all we know at this time. We do not know when and if any such actions will occur; we will also not know immediately which, if any, cases are rejected once they have been submitted.

    The attorneys at XXXXX are shocked and disappointed that the government could take such ill-thought and arbitrary steps and we will work to fight any illegal action by the USCIS. We are continuing to monitor the USCIS� actions and will provide updates as they become available

    Folks.
    It might be a cruel joke that USCIS plays on us.
    They can do whatever they want.

    For heaven's sake, lets just accept it, and hope for the best.



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  • dealsnet
    09-04 12:26 PM
    If this is true, it is serious. If a donors information is compromised, it is like selling the credit card info the cheats. It is high time to clear bad elements from IV.


    Yup, it is a religious fanatic. Also it must be an insider.
    I am still wondering how the full name of "Jayapaul Reddy Vadicherla" is known.
    One thing is that the Vadicherla is a Donor and must have given all his details while donating. The insider have access to this information and posted it.

    _TrueFact, can you post my full name?





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  • akred
    06-27 11:58 PM
    That depends what the adjudicator think of her, some believe she was a saint and some think that she was, well, "(boolean) NOT saint" (i.e. anything but saint)... ;)

    maybe she can hit the darned adjudicator in the head with the "holy grail" and sign the form herself... :D

    At that point she can be deported for fraud. Of course USCIS will only wake up and deport her for fraud when the application for citizenship is filed 20 years later.



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  • akkakarla
    04-28 04:23 PM
    When will they register and when will this abuse of labor sub stop?





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  • mariusp
    03-26 10:52 AM
    I second that. I filed using labor subst and let me tell you, not all of us buy/cheat to skip the line. I filed using another employee's labor who's working for the same company. My PD is in 2006 which doesn't help much and I've been working for this company way before 2006 anyway. So don't jump to conclusions because there still are people out there who use LC subst. for what it was intended for. And can anyone honestly say that they would refuse LC substitution because it is "evil"? I think that with the current situation we should take advantage of any break we can get.


    Very well said Subst_labor. People like Janak are simply jealous that you had the offer. People like him always will think that you are cheating the system or something like that just because a company offered you a labor substitution. I think that one should not judge such cases, and I am actually happy for all of those who are fortunate enough to receive their green cards sooner because of third factors. Good luck with your Labor subst. I hope the company is OK.

    G



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  • greencard_fever
    07-16 08:42 PM
    This whole thread is speculation, your basic assumption itself is wrong. The horizonal spill over is not a permanent policy or trend which will be practised. You should read the INA law clearly. But if this speculation makes you happy, enjoy! :)

    How can they change the Spill over system every year? I think they will continue the Horizontal Spill over going forward.





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  • ita
    03-30 04:59 PM
    As far as I know...
    LIke you said India was just born and Nehru with full majority was heading the country . You know what he did he came up with Democratic-Socialistic model which is the hybrid of Communist-Socialist Russia,Democartic-Capatilistic U.S

    This Democratic-Socialism was never tried anywhere else in the world.It was the so called vision of Nehru(albeit cut-copy-paste).

    Interestingly explanation he gave for advocating his recipe was the same explanation you are giving for 'why it is difficult to rule India'

    He said since India is young country it needs gentle intervention from state to get rid of the existing social-economic disparities. His formula resulted in bureaucratic bottlenecks, red tape, widened existing socio-economic disparities ,gave rise to mafia culture and the list goes on making Nehruvian socialism synonymous to failure in Indian dictionary.His dynastic descendants tried to push it under carpet as long as they could .Result: we see people thinking Nehru was a visionary.

    Our own Intelligent MMS in 90's named Nehruviain Socialism a failure before he opened the reforms in the market.It is said that when P.V/MMS duo took charge they found that country's foreign exchanges reserves couldn't last for 24 hours.


    India is very difficult to rule. Thats why we outsource that. It is not a joke.

    Even after independence, Nehru had very strong majority goverment. Still he had a problems in ruling the country. He had lot of vision in economy, poverty, socialism etc.. But he and subsequent PMs (mostly congress) failed becuse of unimaginable local issues based on India's diversity and polygenious nature of the state. India is a victim of its own diversity and long/old (and strong) regional history. This diversity includes language, tradition, culture, food habit, religion, caste and so on. Therefore, India is victim of its own division and diversity. India is untied or born in 1947 because of British rule. Infact, there is no country called Republic of India before 1947. Indian constitution (or concept of united India) is brand new compare to regional history. Naturally, regional interest always prevails. So ruling India is still a new and uphill task. 60 years is very less to come to conclusion. Thats why, all congress PMs had failed in reforms. And now in the information age, India become materialistic, everybody wants everything. So naturally corruption increases. So one can not blame just congress alone for the mess.



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  • sidbee
    05-30 11:52 AM
    I know this guy who was a junior to me and reporting to me in India. I resigned and moved with another company and later moved to US. After an year I joined the same company which I was working in India. Now this guy, just because having some relation with the VP made some arrangement and came to US on L1 and applied under EB1 and got his GC in 1.5 years. More over he was no good as manager and a pathetic programmer. Also he did no good to the company actually lost a few clients and when he got his ass on fire he moved to other company and started working as a pathetic programmer with his GC

    When I saw this I was so irritated and now thinking what the FUCK this Grassely is doing for this.I think neither we doing anything. He just wants votes by creating sensation among the white rednecks for the next election.

    AAAHHHHH... nuts nuts nuts.. 10,9,8,7,6,5,4,3,2,1... hooo.. :) controlling my anger..

    This is the worst thing we Indians do , we want to pull legs of people who are going ahead of us.
    If he got his GC through EB1 , if he is a manager , he deserves it.
    If i don't like my manager and do not agree to him , this doesn't make him a bad manager , and even if he is a bad manager for his employees, doesn't mean he is a bad manager for the employer.

    I also joined the same company , i used to work for in India, All the guys who use to be my juniors , are seniors /peers now . In India you get a promotion easily , and that's not the case in US.
    If you come to US as a manager , you have a bright future , but if you come as a developer/contributor and hope to become a manager(at the same pace ,as if you are in India)you are looking for lot of struggle my friend.





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  • sledge_hammer
    02-16 08:27 AM
    Great find!

    I guess all the talk about suing USCIS will go down the toilet based on this excerpt from the article -

    "Assuming that under the plenary power doctrine noncitizens possess few, if any, constitutional protections with respect to entering the country, the implications of racial and national origin exclusions on citizens must be considered. Because the Constitution unquestionably protects the rights of citizens, citizens claiming injury have a better chance at successfully challenging the immigration laws than noncitizens directly affected by their operation. Courts have recognized that citizens in certain circumstances may challenge the lawfulness of immigration laws because of the impact on their rights."

    oguinan,

    Paragraph 1 of Article 1 establishes the definition of racial discrimination for the purpose of the document. Paragraphs 2 and 3 limit the operation of the convention. As to why paragraphs 2 & 3 were included, perhaps they were required to get countries to sign on to the convention.

    Here's a better link. Read under Modern Racial Exclusion, excerpts of which I have posted below.

    http://academic.udayton.edu/race/02rights/immigr09.htm

    ...similarly situated persons (e.g., siblings and children of U.S. citizens) may face radically different waits for immigration depending on their country of origin, with accompanying racial impacts.

    The law created a new immigrant visa program that effectively represents affirmative action for white immigrants, a group that benefitted from preferential treatment under the national origins quota system until 1965. Congress, in an ironic twist of political jargon, established the "diversity" visa program, which though facially neutral prefers immigrants from nations populated primarily by white people.

    The link to the CERD report is here. The convention does not address the country limit directly as the convention expressly does not apply in that area, but it does show that there is awareness about the discrimination faced by immigrants. http://www.unhchr.ch/tbs/doc.nsf/(Symbol)/6d8aee7e356e6498c1256d4e00557f3b?Opendocument

    You can see that the UN panel is aware of the fact that racial discrimination manifests itself in disproportional representation (note the reference to the composition of the Supreme Court). It can be argued that the 7% country limit provides a pretext to discriminate against India/China/Mexico on the basis of ethnic or racial origin, and as such would run afoul of the convention.





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  • ramus
    06-28 09:03 PM
    totally agree with you.. But just feel bad that we follow all rules and somebody comes and just try to screw us..

    You are right.. there are tons of things important in life then this GC.



    Its not about $500.
    USCIS and the US government can ask for more money. And we will happily give it to them.

    Its about the stability that filing for AOS offers.

    But keep in mind, you weren't able to file for AOS in June.
    So maybe, we won't be able to file for AOS in July either. But thats about it. Life will go on.


    So it would be best for us to stop torturing our brains.

    There is not much we can do about anything. USCIS can choose to reject ALL applications received in July. AILA will issue a freaking statement. We will shed a few tears and call USCIS names.





    unitednations
    02-14 04:00 PM
    The entire discussion by EB3-ROW guys want to preserve those recaptured unused numbers in 2000 only for EB3-ROW for ever. As I mentioned earlier, the purpose of that recapture is to eliminate backlog in 1999. India and China were only the two countries backlogged at that point. USCIS could do that job only in 2005. You guys want a controlled allocation of recaptured numbers for years and years with the simple intension of EB3-ROW always should be current. I understand that urge. However, you guys forget the reality. EB3 demand is huge due to 245i. The real demand for EB2 always very less. (The real demand for EB2 is when EB3 were current). Now everyone is going to EB2. I feel that is the reason why EB2-India and China getting penalized as DOS took the law in their own hand. Now EB2 guys are victimized. Do not blame India and China took more numbers. The real fact is EB3-ROW is enjoying with the expense of EB2.

    Furthermore all this mess is due cumulative results allowing 245i without increasing visa numbers (this is major one), failure of DOL in processing LC in time, USCIS inefficiency, dealy in processing 485 due to 911, abuse in labor substitution, abuse of massive filing of GC by body shoppers with out a bonafide permanent positions or ability to pay, opening a firms in fast labor processing states just to file GC etc. The list for this mess is end less. No one wants to fix that. If they fix everything, there will be less demand for EB3 visas. Furthermore some thing can not be fixed. One can not request/litigate DOL or USCIS to process the LC or 485 fast. Therefore, everyone in EB3 has to wait. Other option is to educate the law makers the problems due to this mess to fix those. Everyone wants CIR/SKIL bill and no one wants to fix the current system and abuse. So, one has to wait, wait, wait..


    I have come across many people in the last few years from all sorts of countries. Russian, Korean, African, British, Brazilian, Colombian, etc,; although everyone wants their greencards yesterday; it appears to me that the indian nationals are the most hungry for it. It is a generalization but I am just speaking from my experience on this.

    How do you know what the "intention" was of the lawmakers that recaptured visas are supposed to go to the retrogressed countries. If that was the case they would have gotten rid of the 7% limitation along with the recapture.

    Most people who come on h-1b are Chines and indian. There was also close to 200,000 visitor visas approved in 2005 from India. Makes sense because there is a lot of population there. However; it would be short sited to think that there are minimal 245i applicants from India. There actually is a very large number of them. The biggest status violators are people who come on visitor visas from non visa waiver countries. The status violators either get greencard through marriage or through 245i.

    Although as a business person I look at skill rather then nationality; I do know enough about immigration that there is a good purpose behind country limits. Foreign nationals will prefer their own people for h-1b; they will look for their friends, cousins, brothers, sisters, wives, relatives, etc. and bring their own country people here. Therefore, it is not an "open market" on skill people from all parts of the world. The country quota is the equalizer because of this.

    The cultural aspect of south asians is also hurting retrogression. Most people who come here on H-1b are out of school and generally single. People from non south asian countries or muslim countries will find their spouse here. However, someone on h-1b from south asian country or muslim country will get arranged marriage after being here for 4 to 6 years and then spouse gets counted against the quota at the expense of a skilled worker who may have had a later date. I a m not saying this is wrong because it is a cultural issue but is confined to certain countries.

    Regarding eb2 and eb3. This is also something that is quite comical. This is an area where immigration law hasn't kept up business practices. Pre H-1b you got greencard upon initial entry into USA. Department of labor rules were that you couldn't use the experience gained by your sponsor. It was never envisioned that people would come here on h-1b and hop/skip between employers. It has caused an end run around what the DOL rules were supposed to be. You shouldn't be able to gain experience in USA and then use that unfair advantage to knock out an american for that job. EB2 and EB3 differentiation would go away if you couldn't use the experience gained in USA. Just about everyone would be in eb3. Anyone who is here on h-1b generally already has or will have 5 years of experience and can go right to eb2.

    People who are working at companies which aren't dominated by immigrants would have a difficult time satisfying themselves that the job requires a bachelors degree plus five years or masters degree. However; if you work at a staffing company you go straight to eb2 because that is what is needed to keep you there (remember, it is supposed to be the minimum requirements for the job). If software engineer or programmer analyst minimum requirement is masters or bachelors plus five then company is saying that is the "minimum" job requirements. However, if it is the "minimum" requirements then how are companies getting people here on h-1b who only have a bachelors degree?

    Although people like to say "immigration system is broken" it can mean two things. From greencard wannabes; it is too much red tape, not friendly enough, etc. From other side it is broken because it is not being used as its intended purpose. You can mark my words that if/when rules are relaxed on h-1b or quota; you will see a whole bunch of enforcement with it. It actually is already happening at the consulates; department of labor and revocations of 140's by companies who are sponsoring too many people.





    AirWaterandGC
    07-11 06:07 PM
    Would you be knowing if it is possible to apply for PR again once the PR expires ? Or when the PR isclose to expiration ? Thanks for your help.

    I have lived in Canada for 15 years, immigration system is healthy and fast enough for my family to come over. My friend who has a Master degree used to work for Xerox, quit his job go back to Canada. After 3 months he found a professional job. Personally I havent encountered such thing as discrimation or no jobs situation as serious as it mentioned on the web site.

    Talking about discrimation, dont tell me you havent been discriminated from your company in the certain degree...



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