Wednesday, June 29, 2011

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  • Ramba
    03-30 02:14 PM
    Ramba, can you please update your profile? I am surprised a Brazilian knows much about Indian politics.

    If a Italian citizen controll the major Party of India; why not a Brazilian knows more?:)

    Any way I will update soon....





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  • ujjwal_p
    05-11 09:15 PM
    Thanks for being the self-designated, unpaid spokesperson for "we indians" and keeping track of accountable indians :)

    Nice one. I'll take that dig.





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  • El_Guapo
    01-14 10:19 AM
    The right to control the beneficiary is different from actual control. An employer may have the right to control the beneficiary's job-related duties and yet not excercise actual control over each function performed by that beneficiary. The employer-employee relationship hinges on the right to control the beneficiary.

    Don't all companies have the right to control the beneficiary? For instance, a sponsoring company has every right to determine if an employee shall be placed on a project billed at $50/hr or if they seek another project/client with a higher billing rate. Similarly, the employer has every right to determine if the employee will be placed at a client requiring a project manager or at a client requiring a developer, thus effectively controlling the beneficiary's job-related duties!





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  • sunny1000
    12-13 05:06 PM
    Good point. But point what we are discussing is whether the rules (per country based) made to process GC can be challenged in US Courts within its constitutional limits? If tomorrow US decides to shut down EB/FB we do not have problem. Certainly it has that right. But when US wishes to have those immigrants than do we (applicants - non -immigrants) have a right to challenge particular rule (here per country based limit) in Court?

    The U.S government absolutely has that discretion to make any rule/law under the Foreign Policy doctrine which no Court will interfere. The analogy for this would be the rule - wet/dry policy - they follow with the Cuban immigrants who get a GC just based on landing on the U.S soil. Nobody can challenge that rule (which favors only migrants from Cuba - when Mexicans do the same, it is considered illegal) but, a cuban immigrant can challenge what constitutes U.S soil which the courts can decide.

    In short, you cannot challenge the law itself but, can challenge how the law is interpreted.



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  • rsdang
    07-29 05:29 PM
    Friend wants to get married to his GF who is here on an F1 visa
    He has had his GC for 2 years now

    Questions?
    - Can he get any paperwork for his spouse befor becoming a citizen?
    - What is the fastest route for him to get his GF the GC?

    Thanks
    Randeep





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  • JunRN
    02-12 07:14 PM
    We are all expecting that the VB will go back to June 2007 figure...it looks like that RoW has been so fast in getting the latest PD back which could come in a very few months time.

    I was not expecting this to come too soon but in June 2008.



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  • PlainSpeak
    01-14 04:25 PM
    Sorry lady - enough of your billowing hot air - you have wasted enough people's time (including mine). If you have anything worth sharing you are free to do so - but I am not holding my breath for it.

    And of course, you can continue to be in your delusional world. You certainly have not demonstrated any credibility to be asking people to meet any "conditions" whatsoever.
    Wasted !! Wasted !! Wasted !! Wasted !! You #$%#$W!E@#%$%^
    Do you even know the meaning of wasted and blowing hot air. That is what you are doing and you cannot even be polite while doing it. Nooooooo you have to be abusive

    Delusional world !!!! !!!!!!
    I am wasting my time typing out replies only because @#@#$@#$@#$ like you have a keyboard and no sense respect abnd a bloated sense of self. Why the hell can you just not reply back and get a good night sleep.

    There is no need or requirement for me to demonstrated any credibility to people like you. Stand up and tell me of one nice thing (Just one) you have said in the whole post. Just one ????????
    You are not a person worth showing credibility to. Do something nice to people and ONLY then expect them to worry about their credibility with you.

    Now get off this post and stay off





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  • greenscope
    09-24 10:10 AM
    When can I get my gc based on these uscis data for sept 2005 eb-2.Please suggest me.



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  • yabadaba
    02-14 02:31 PM
    http://www.ailf.org/lac/lac_lit_030402a.asp
    WASHINGTON, D.C.- Immigrant advocates filed a national class action lawsuit in federal court today challenging the Immigration and Naturalization Service's (INS) misadministration of a law that provides persons granted asylum the right to live and work in the United States permanently. The suit, filed by the American Immigration Law Foundation and Dorsey & Whitney LLP, seeks to compel the INS to issue all allotted "green cards" fairly on a first-come, first-served basis.

    Some 50 named plaintiffs represent tens of thousands of asylees throughout the country. The plaintiffs are all refugees who fled persecution in their home countries and were granted asylum in the United States. Under U.S. law, they may apply to become permanent residents, or so-called green card holders, of the United States. Congress has imposed a cap of 10,000 on the number of asylees who can attain permanent resident status each year.

    The lawsuit alleges that the government failed to distribute more than 18,000 green cards in the last eight years while more than 60,000 asylees wait in legal limbo; failed to process applications on a first-come, first-served basis as required by law; and kept thousands of asylees on the wait list who are exempt from the cap. The lawsuit also challenges the government's practice of requiring asylees to obtain a new employment authorization card each year-at a cost that presents a hardship for many families-while they wait for their permanent status.

    If 50 asylees managed to get enough money for action, 50 high-skilled immigrants can do it too. Otherwise I'll be greatly dissappointed. Lack of action is a killer. I was shoked to read walking_dude's post that nobody from MI volunteered to be a plaintiff in DL case. If people do not want to help themselves, IV won't be able to help them.
    dude..lazycis...this is awesome precedent. it doesnt get easier than this....its exactly the same as what we are going after. there was wastage in numbers, thereby hardship in terms of renewals of eads

    what type of profile would a class based plaintiff have? will any of the july filers be able to "qualify" as a plaintiff in this class action lawsuit





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  • vamsi_poondla
    02-14 01:54 PM
    I am willing to contribute $10 to get solid legal advice on this and I am willing to contribute a lot more in a lawsuit IF and ONLY IF there is a strong legal basis for it.

    I appreciate IV for its efforts. Happy V'Day.
    I will contribute for legal advice if some leaders for this initiative steps forward with firm commitment. It may sound silly to put conditions like this. But if such a big movement is here in making all of us excited about the prospect of having a law suit, then it is a responsibility of those who initiated this thread to lead this effort forward.



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  • logiclife
    01-23 05:24 PM
    Logiclife -
    I would not say substitution of labor is totally wrong. I left my previous company after having waited for a labor over 2 years and helped find a suitable candidate, who also had the same level of education and experiance and was an exact replacement for me (Sr.Program Manager -designation). My (old) company which is fortune 100 company was not ware of this substitution business till i told them they should use it when they spent money filing it for me and i am not using it. while consulting companies also use it when the original person left and they have someone else to fill in that role..

    The concept becomes wrong when it sold and not really used for a replacement and i think those guys have to be identified like Narendra Mandalapa and punished.

    I am talking about Desi bodyshops and not fortune 500 companies. This law or regulation of DOL causes more harm than good. For the good it does to 5% employers, it does harm to thousands of applicants whose dates are not becoming current because of people cutting in line by buying the approved labor certs. If there is a need for companies to save money by going for substituted labor, then maybe the DOL and USCIS should work out to make the priority date of substitution case same as the 140 date and not the labor filing date. The day that happens, this underground sale of approved labor certs will stop.





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  • reddymjm
    10-01 10:04 PM
    Any one else sent emails lately



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  • Legal
    07-21 05:42 PM
    Does this mean there are not enough approvable applications. Doesnt sound right to me with 5 years of minimum retrogression and upto 20 years in case of Philippines for FB category 4.

    Still doesnt make much sense to my how even with USCIS ineffeicienes should there be a spillover.


    Once again, there are 2 restrictions in FB immigration-per country and per category. There may be 15 million Indian citizens waiting for 15 years under the siblings category, it doesn't matter. Once they reach their numeric quota they are done. That's why the numbers and waiting time keep growing.





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  • at0474
    12-14 04:29 PM
    Dakota Newfie,

    I understand your concern. But be rest assured that we are not going anywhere with this flawed concept; "we are discriminated because we are not given green cards!". When frustration is at work, commonsense goes on vacation.

    Also, IMHO, majority of indians posting here are taking it for granted that IV and the website is purely indian. It is not intentional though.



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  • msp1976
    02-18 10:33 PM
    In the past three years; I have seen an administrative assistant get sponsored as a skilled worker; a cook making $8.50 as a specialty cook at an Indian restaurant; 8 phillipinos getting sponsored as cooks with a wage of $9.00 at a restaurant; a convenience store clerk; (from reading administrative appeals decisions; i have seen a driving instructor, horse trainer, etc.). All of these jobs fit into a definition of "skilled worker" and share same eb3 category as professional.

    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 10 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...





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  • vdlrao
    07-16 05:11 PM
    How many of you think theres a Possibility of Current for EB2 India in either of the Jul/Aug/Sep 2009 bulletins, just like a more than 2 years jump in Aug 2008 bulletin.



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  • mbawa2574
    02-15 01:43 PM
    You guys keep saying diversity is a FB immigration problem only not EB, hence no cap needed in EB.
    REALLY? Is it a coincidence that a desi company owner will usually have 99% of his emploees Indian? Thinking that employment depends only on skills is not realistic. A lot of the networking based on national origin interferes with how at least H1 jobs are landed here. So there is a reason to have rules preventing a monopoly.

    Cheers.

    Yes skills don't need a cap. If I am a business owner, I have all rights to hire best and brightest in the world. It is my choice whom I hire not Government tells me where to go for hiring. Business may hire from India or Antartica, it should not be anyone's damn concern. Let the free markets work !!! This is insane





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  • voldemar
    03-26 05:56 PM
    Has it passed? I cant wait for it to happen. Once it does, I will feel more confident leaving my employer knowing....No, waiting for OMB clearance.





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  • srikondoji
    06-26 01:16 PM
    Bold, blue and big font. I couldnot read your message at all.
    Could you retype it with normal font size,color and without any fancy stuff. Please?

    EVERYONE ON THIS FORUM :
    PLEASE DO NOT SPREAD RUMORS ! WE ARE ALREADY STRESSED AS IT IS. WE DONT NEED ONE MORE RUMOR LIKE THIS RIGHT NOW.
    IF YOU ARE TRYING TO COME UP WITH SOME SORT OF LOGIC TO SUPPORT IT, PLEASE KEEP IT TO YOURSELF, FOR GOD'S SAKE !

    IF YOU ARE FEELING INSURED, HELPLESS AND WITH NO CONFIDENCE - JUST REMEMBER, ALMOST EVERYONE IS FEELING THE SAME. JUST DONT HIT THE PANIC BUTTON BASED ON NOTHING, PLEASE !

    JUST FOLLOW UP WITH YOUR LAWYER AND MAKE ALL THE DOCUMENTS READY TO FILE AS SOON AS YOU CAN. THAT'S THE BEST YOU CAN DO ! IF SOMETHING HAPPENS LET IT HAPPEN. NO NEED TO LIVE IT THRU TWICE, ONCE NOW AND ONCE IT ACTUALLY HAPPENS.
    PEACE.:mad:





    msp1976
    02-20 11:35 AM
    Three years later I decided I missed USA (note: Canada isn't much different but I still missed the "system" and the rush of working in the big economy with the biggest companies. I came back and stuck in greencard process now for many years.

    My conclusion is that I made a mistake of going back and should have stayed the first time around. Something for everyoen to consider going back to other countries or back home.

    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....





    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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