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  • jchan
    05-29 03:18 PM
    Well, I think the discussion is about people playing by rules are getting pushed back by those exploiting loopholes.

    Some members were trying to say we should not fight fraud because the root cause is insufficient visa number (and country quota). While he was right about the root cause, that does not mean we can't do the two things at the same time.

    See what happened to H1B when USCIS acted seriously about fraud? Most of the fake 'employers' or those applying H1B only to rotate people in the US got the message and really thought twice before they file a case. Result: two months from 04/01, there are still 20k H1B quota left. And this didn't even need any legislative change.

    What if USCIS starts scrutinizing EB1 cases for multi national executives? In no time they will find 50% of employee from an Indian IT firm are executives. This is not hard -- by common sense a very very small portion of employee are executives.

    Someone said we would do the same if in their position. Well they didn't know some people do have a line of morality. I am from China. There are many ways to apply refugee being a Chinese -- one child policy, Fa Lun Gong, etc. Yet I refused to do that and most of my countrymen didn't.

    If you didn't have patience to read every word of my reply, what I wanted to say is, fighting fraud and advocating more visa numbers are not mutual exclusive. We do not have to unite those who get their Green Card by fraud, because our interest are not the same with theirs.


    Can not agree more.

    We get engaged in all kinds of discussions EB1 Vs EB2, EB-I Vs EB ROW. bulletin predictions...But we all skilled immigrants can not figure out how to unite and resolve the big issue of backlog. When one person suggests any initiative( flower campaign, call campaign, letter campaign etc.) more 20 people hammer him or her and spend their full energy in proving how suggested idea will not work. Next time the guy does not even think about suggesting anything. On top of that some will come up with their line" Have you contributed, If not then do that first".Our lack of unity will keep us here for a long time to come. In coming months and years, some people will lose interest, stop visiting this site and move on. Others will come to see if there is any POSITIVE news and some will still keep fighting over the issues of EB1 vs EB2 vs India vs China Vs ROW.

    Good Luck





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  • krishna.ahd
    02-20 03:58 PM
    I keep thinking about going back and your inputs are valuable in this regard...
    But in my case I could think of a few more factors...
    1. Back home the economy is sizzling...(Don't know how long that would last)..
    2. My friends who chose to stay in India/left for India in 2/3 years have a greater net worth than I have...(through stock market/real estate appreciation..) again do not know how long/whether this would last..
    3. I am really at my wit's end as far as work is concerned...The stagnation is killing me...I am in this place for last 7 years....

    Good discussion so far MSP and UNITEDNATIONS but you folks touched the weakest point for me
    Some of us like me dont have any choice but stay and wait for GC.
    Reason came here late age and now wife is doing Phd and Kids are doing good at school , elder one about to enter college ( i have to pay the full fees if i dont get GC soon) and high school GPA close to 4.0





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  • at0474
    12-14 05:17 PM
    Are you saying that because someone like that does not qualify for EB1, all they are doing is not wishing to compete on merit? Are you saying a teacher is not deserving of a green card.

    --No. I did not say that.





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  • northstar
    07-21 01:16 PM
    Because of all these experiences, even when you genuinely smile or strike a conversation with a desi, he/she first suspects you to be an ammway guy. I face it everyday, being "outgoing extrovert" in nature, I tend to smile and talk to people in elevators, walkways, malls, restrooms, groceries etc... which is mostly casual fun stuff and most times desis suspect that I am a ammway guy and cut me out harshly.

    That is so true chandu, a few bad apples are destroying the social fabric of entire desi community.



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  • NKR
    02-13 02:43 PM
    The other provision of allowing 485 applications without current PDs is a bad idea in my opinion. Anyone who enters the country will be eligible for AC21 in 8 months which is about 80% of a GC. Such a provision will result in huge abuse like the L visa and/or Labor substitution.

    On the flip side, Spouses on dependent visas who had plenty of experience and who were stuck for years by not being able to work. The provision to apply for 485 applications in july was god send opportunity.





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  • chanduv23
    02-13 08:37 AM
    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?



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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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  • desim
    07-14 11:13 PM
    Thank you for your service and to IV for helping us.

    I have a question regarding my wife's status. Here is our current status:

    She got thru H1B lottery this year and is waiting for approval. Both our I94 are valid until Aug 11 this year. I have a valid visa until 09 today. She does have a gap between Aug 11 and Oct 1, 08.

    Her employer says he filed her application as COS. I believe it will be CP as there is a gap in her status. We want to travel to India after receiving her H1B approval. We will be getting our H1B/H4 visa stamping and return before Oct 1.

    My questions are

    1. after our return what needs to be done for my wife to work from Oct 1. Do I need to file a COS or Amendment to change her status from H4 to H1b from Oct 1?
    2. If so which form will it be I-129? Is there premium processing available for this?

    Thanks!



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  • bfadlia
    02-16 02:53 PM
    I beleive Kuhelica and bfadlia have been planted by anti-immigrants to spread poison and hate in people's mind. looking at the number of posts they have posted, it seems like they are new members who are out there to sabotage the reforms that we have been talking about.

    We do not have to spend our energy and time answering each and every post of theirs. they do not deserve our time nor they are intelligent enough to rationalise.

    I and a couple of us have been repeatedly telling that we do not want ROW people to be affected nor we want country quota to be removed, but they have been targetting our race, our country, it has jealously writ all over... Just ignore them and move on. the more forward we move the more backward they stay..


    man.. u can click on a user and see all the posts he sent, so good luck
    i must have joined two years and participated in topics all this time so that i today i get a chance to destroy IV.. plz put down the 007 book and listen for once..
    u can't see that people started belittling ROWs here first.. then i admit it's a waste of time to try to reason with u





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  • conchshell
    05-29 03:14 PM
    I guess all the euphoria we had last year because of EB1 spill over is coming to an end. People who play by rule and wait suffer the most, while people who are always on the look to find "innovative ways" get their GC faster. I remember, one of my friend who did a labor substitution got his GC many years before. But at the same time, he took the risk of joining a consulting firm, while I was more inclined to remain under the so called safety net of a big incorporation. I guess the more risk you take, more rewards you get (and sometimes get completely screwed too!!)

    However, we did a nice efforts last year to predict the visa bulletins. There was this guy vdlrao who did an impressive calculation and declared that EB2 will be current in an year. Well, its more than an year and what we have is worst than we had last year. I can only sympathies with EB3 guys, I don't know what to call it .. may be karma in previous birth.

    But my mute point is that we almost always create a false hope for us. First we predicted that EB2 will be current in one year, later on our whole legal immigrant community was nurturing the dream that Mr. Obama will win and his first executive order will be to ship GC's via overnight fedex. We overlooked that even though immigration is looking bad, but reforms in this area is a trailing priority for the new administration. Infighting within EB2/EB3 and various language speaking people is nothing new for us.

    Candidly speaking, neither we have seen any bright idea coming forward from us, nor people are willing to join hands and fight for their natural rights. So coming back to the original point, what's wrong if someone instead of depending on immigration forums, and "ethically" waiting in line, takes a little risk and gets his/her GC faster. Be it a labor substitution, or a guy going back to India and coming back as a Manager in EB1 category. Please remember that as long as its happening under the rules, its neither back door, nor illegal, or unethical.

    My 2 cents.



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  • bajrangbali
    06-05 01:10 AM
    That's a much better suggestion than playing carrot-and-stick on real-estate bargains Mr. Hiralal.

    Now, what would really be effective is for our own people that are already naturalized and integrated and assimilated and digested in the US system to stand up for our cause.

    Please, do this for us seniors. As citizens and permanent residents, your voice will be effectively heard. Case in point - legislation on re-uniting families. To begin with, family based has nearly 60% more visas than employment based and nearly 80% of the visas available are exempt from per-country limits. And yet, the politicians want to reform family based immigration process because the people at the receiving end are their citizens. There is nothing wrong with it because the wait-time for extended family members are really long too which is a shame. But you see, there are bills that are actively discussed and passed in that category i.e fundamental solutions are being explored.

    Why is Mr. Bobby Jindal and likes of him not taking up our cause actively? People use their "humble-background" in campaign times. Why do they fail in holding out a helping hand to people that are stuck in such "humble-background"? Do you see such apathy in other minority communities?

    Thanks.

    Some interesting points you bring up here.
    Forget those who got citizenship, even those who got GC turn a blind eye to the immigration issues and people still in line.
    I can bet most of the GC and USC guys/gals would want us to just leave and stay away from USA :D
    Tough luck pal..this is a dog eat dog world..and especially so with our guys/gals who are brought up in the rat race culture right from childhood...
    "Live and let live" - yet to meet someone who really follows that...

    I a will be happy if GC and USC guys/gals dont step up and start demanding no more visas and Indians in this country...i bet some are already supporting numbersusa and such groups...i know a lot of ppl who hates seeing a fellow desi at work/park/vacation/shopping..

    Bobby Jindal :D well..wat can i say...the guy changed his name and doesnt want to be identified with his ethnic background...he will be the last person fighting for our cause..

    Life is hard as it is...people here are on a common cause and helping each other..some need a channel to vent their frustation, some need a suggestion, some are paranoid, some are vigilantes, some are good samaritans... give them a GC or USC and wait for a while and see if they still support the cause...

    Help each other and we can all prosper...guess it may remain a dream afterall

    I guess most people are not happy with what they already have...just think about the toughest days in your lives and pat on ur back how you managed to fight through it...we all have our own good and bad times...

    Aspiring for better future is what drives everyone...but it should not be at the expense of taking a look at what we all have now..and appreciate it...

    We can race ahead..GC..USC..car..better car...house..second house...$$$...list never ends..i hope all of us can put their hand on heart admit that we were much happy and peaceful even when we did not have any of the above...

    This post is not a rant or pointing fingers...just a retrospection
    Life is beautiful...best things in life are free...
    ..just a post with a different point of view...best wishes to all!!!





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  • snathan
    05-01 04:45 PM
    The Pak Sikhs are being troubled by the Taliban whom everyone opposes and the Pak govt is doing nothing and hence India should raise a voice.

    The Tamils in SriLanka are not being opressed by SriLanka but by LTTE themselves ( using their own people as human shields ) . The Srilankan govt is trying its best to minimise losses while trying to rout the terrorist LTTE. India does not have any sympathy either for the Taliban or for LTTE. Both are enemies of India.

    Personally I hate the LTTE and their damn cause. Someone who would kill our PM does not deserve any sympathy.

    I cheer the brave SriLankan Army who will finally clear their country of this terrorist manace. I wish India had the same drive to remove terrorists from our country in J&K and elsewhere .


    Who told you this...do you know the history and are you sure the tamils are not opressed by the SL govt. Read the history before you make the comments.

    By the way I am not supporting the LTTE. Here the question is should Indian govt support the civilions or not. Given a chance the SL govt wants to wipe out the entire tamil community. Do not think it will not happen to you/us here tomorrow.



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  • ita
    04-21 02:49 PM
    Get over the thought that you represent India
    Is this what you read into my 'India shining through sincere efforts of some people' line?
    I'm glad at least you read so much.Here I'm trying to convince you that you also represent India, you ask me to stop thinking I represent India.We all represent India (in what ever minuscule way it may be) so we need to get serious about it.That's what this whole thread is about.Don't run to Wiki now

    but lets see how far you go to discredit someone
    On one hand you say these are misdeeds ,when attributed to someone it amounts to discrediting them(Again I'm glad you didn't say I or some one I know have committed these deeds and trying to push on your beloved politician...oh wait you are not batting for anyone right?)

    And that is bad because ....... Oh well

    and then you wonder if it is bad.Talk of ambivalence.This line shows not just your ambivalence but much more. You find nothing wrong in lying to the state.That cool uh?

    This speaks volumes about your attitude and it's highly unnecessary for me to comment further.
    Generally speaking :
    There is huge difference between a guy who thinks of his house as a guest house or a Hotel and a guy who thinks of his house as his home.





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  • sayantan76
    12-17 04:58 PM
    Is the new Obama Administration going to consider "Instant GC" if we buy a House ? I'm thinking about the huge inventory of vacant house and how many could be bought up by GC holders... Its probably a fraction - Isn't it ?
    At the risk of getting red dots - few critical roadblocks come to mind:

    1. The crisis right now is way beyond housing - its about basic issues like employment, consumption and credit (buying vacant houses does not raise employment) - fundamental issues would need to be addressed first before Govt can do something that even remotely looks and smells like (howsoever untrue it might be) giving preference to immigrants over Americans. Also what happens when renters enmasse vacate apartments and buy houses - it drives rental companies into bankruptcy - so catch 22 - no?

    2. Credit criteria have been made very stringent by banks and lending institutions - so a lot of people may not qualify.......many people are in risk of losing jobs - they may not want to convert their liquid savings into a 20% illiquid (houses dont sell overnight and you cannot convert your investment to cash easily) downpayment towards houses....so not sure how many will actually want to spend that money now.....what if you get ur GC by buying a house and subsequently lose job and cant find alternative job - house cant feed you and the family nor can it pay mortgages.....

    3. Any legislation that goes against principles of natural justice and creates an elite class based on financial criteria is difficult to pass through legislature.....



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  • gc4me
    02-13 02:08 PM
    That was an example only. A country can use max 7% of total visa. And if you see the EB visa allocation, other than India, China the 3rd largest Visa was taken by Korea (about 4K, don't remember exactly) and the fourth country only used around 1200, all other countries used with in 100s only. So if a country (example Malaysia) uses only 200 Visa and if it had 500 applicant, why 300 people from Malaysia was retrogressed.



    There is no such thing as EB3 Nepal, which I'm sure you know. In EB3 ROW, this includes everyone else. I'm sure there are some significant numbers from the UK, Germany, Australian (although they might be separate under E3... not sure), Japan, Tawian.... etc etc the list goes on.

    EB3 ROW doesn't just mean those from tiny countries with tiny populations





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  • a.j.2048
    12-13 10:39 PM
    The anti's would be all over us as soon as we filed in federal district court probably even before a hearing, and definitely after a hearing.

    Not necessarily. The antis are mad because the country quotas are effectively limiting European immigration. Read how this fellow rails against the country quotas in his book: http://www.vdare.com/alien_nation/



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  • snaidu
    05-10 10:27 AM
    I see a lot of people discussing about Canada.

    Any inputs about Australia and life down under?

    Thanks





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  • BharatPremi
    12-13 01:49 PM
    If per Country Laws are removed in issuing Green Cards, then 90% of the employment based Visa's will be given to Indians and that too in the IT Sector.

    Mostly the country will be Indians, chinese, mexicans . The Law makers don't want to colonize America.

    There is a lot of stress that was done in making that decision

    You can challenge this but i would say, you will never win it.

    You can challenge the State but cannot win it.

    Yearly permitted H1s - 65000
    All EB ased GC applicants: 500000 (Approx.)
    As per you theory: 90% Visas will be given to Indians :eek:
    US Population: 300 million (Approx.)

    Do the math and prove me how it will be colonized ? And define the word: "Colonized"... as you were also talking about chinese and mexicans..

    yes, aim seemed to be control the Genetic Pool but your statement is way streched...





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  • hopefulgc
    02-14 03:38 PM
    damn.. lazycis you are good... its a winning precedent.
    would you be our lawyer (you have a few weeks to get the JD and clear the bar exam)
    :)


    ---------------------------
    Originally Posted by lazycis View Post
    "Another aspect of the present misconduct relates to the agency's failure to fulfill a statutory duty. The INS has a statutory obligation to issue visas to qualified applicants to the full extent of the annual quota limits established by Congress. 6 The legislative history of the Immigration & Naturalization Act indicates that this duty has not been left to agency discretion, see S.Rep. No. 748, 89th Cong., 1st Sess. reprinted in (1965) U.S.Code Cong. & [*39] Ad.News, pp. 3328, 3337-38, but is obligatory upon the agency. "

    http://immigrationvoice.org/forum/showpost.php?p=223326&postcount=124

    See the Judge ruling from Lazycis post regarding namecheck. USCIS has an obligation to use the numbers to the fullest extent.





    venetian
    05-12 10:11 PM
    Just a few...


    Sellapan Ramanathan - President of Singapore
    Sir Veerasamy Ringadoo, ex-President of Mauritius
    Ariranga Govindasamy Pillay - ex-Chief Justice of Mauritius
    Angidi Verriah Chettiar - ex-Vice President of Mauritius
    Subrahmanyan Chandrasekhar - Nobel Laureate and University of Chicago professor.
    Navanethem Pillay - United Nations High Commissioner for Human Rights (originally from South Africa.)
    James Appathurai -NATO Spokesman (from canada)
    Lakshmi Sahgal - Freedom fighter settled in Kanpur
    Tun V.T. Sambanthan - One of the founding father of modern Malaysia
    S Jayakumar, Deputy Prime Minister, Singapore.
    Tharman Shanmugaratnam, Minister of Education, Singapore.
    Vivian Balakrishnan, Minister in, Singapore.
    S Rajaratnam, ex-Deputy Prime Minister, Singapore.
    S Dhanabalan, ex-Minister, Singapore.
    Radhakrishna Padayachi, Minister in Republic of South Africa.
    Gunasagaran Gounder, Fiji politician
    Perumal Mupnar, Fiji politician
    Aruna Roy - head of Mazdoor Kisan Shakti Sangathana, Rajastan
    R. K. Laxman & R. K. Narayan, lived in Karnataka


    I did not include Sri Lankan Tamil politicians or sports persons.

    I can go on and on...

    Again, do some research before commenting


    Source: http://en.wikipedia.org/wiki/List_of_Tamil_people

    @venetian:

    I was not responding to the Sri Lankan issue - please don't read it as such. As I said, my comment was tangential to the discussion thread. I was just writing about my observation of the behavior and attitude of Tamils in general in India.

    @jerrome:

    Your point about MGR/Jayalalitha/Rajanikanth just proves my point. These people migrated to Tamil Nadu, made it their home and 'assimilated' by learning Tamil and considering themselves Tamil and showing their love for Tamil - they did not become famous in TN by propagating Telugu/Malayalam/Kannada. Now, if only you could provide some examples of the other way around - Tamils who migrated elsewhere and who made the host cultures proud. Can you?

    There definitely are Telugu/Malayalam/Kannada natives in TN - but without exception, they have 'Tamilized' themselves to a great extent to live a normal life. Is the converse true?





    thepaew
    12-13 04:46 PM
    It will be a total waste of effort. Congress has exclusive purview to regulate relations, commerce, etc. with foreign nations. No lawyer/court can provide quick fix and the case will not be heard.

    No shortcuts guys!! For any real change we have to convince the US Congress and the Executive Branch. And that involves time, commitment and money.

    It will be a waste of money. The US does not have to allow any immigration if it chooses so. Do you realize that getting a GC is not a right, but a privelege? It's a matter of grace and no court has jurisdiction to review if government says "no".



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