Tuesday, July 5, 2011

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  • harikris
    06-01 09:38 PM
    Basically message is, this is a reasonably big chunk of your vote bank, you can support them and gain their loyalty.

    No. We are not big enough to come under the radar.

    But Indians that are citizens of US are a size-able chunk. If they demand action, then the politicians might be obligated to server their citizens.





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  • surabhi
    07-17 11:45 AM
    Is it accurate to say that new way of allocating spill over visas effectively acheive same effect as eliminiating country limits?





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  • chanduv23
    06-27 11:34 PM
    This thread is enough to keep the BP at higher levels to the already stressed out folks.

    A lot of people who do not follow immigration stuff have the following perception

    (1) All dates moved - we will all get green cards
    (2) People started applying PERM now - thinking they can make it by September
    (3) They think US wants to keep its valuble people and thats why they opened up the gates
    (4) Some think Indian govt putting pressure on US govt to issue GCs to Indians or else threaten to severe trade ties
    (5) Some thing There is a link between CIR and this. Before CIR is forced implemented they want to clear their existing backlogs so that they get ready to deal with Y and Z stuff
    (6) Some think this decision was taken to clear backlogs so that every new applicant will come under the new points system proposed in CIR

    So many theories, interpretations, perceptions ..... Everything seems to be a perception here





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  • mheggade
    07-23 01:14 PM
    Reply to sumagiri's post

    This kind of statements are used just to bluff the congress. Bear in mind 140k is the quota and may not be the target. Looks like they did it again (I mean bluff DOS and Congress) and DOS had no choice to move the dates so that overseas visa post can consume the remaining visa.



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  • zCool
    03-26 01:27 AM
    If it isn't approved.. then it's gonna be cancelled the moment that rule that's pending that comes out..
    It's extremely risky and Feb 04 isn';t that great a PD.. just file new one .. correct way.. and relax.. you will probably get I140 approved earlier that way.. nothing's gonna happen unless laws change and if&when they change.. all PDs will be probably current for 6months to yr..





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  • chanduv23
    02-13 11:02 PM
    Those who have info on Rajiv Khanna's lawsuit, please post it on this thread. Please post valid links to references. Please analyse what went wrong, if Rajiv thought he had a case, why was the lawsuit not sucessful. Please post on this thread



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  • panini
    05-17 05:34 PM
    You are partially correct BharatPremi. The Sinhalese migrated to the island long before the time of emeror Ashoka and not from Orissa. According to the written history of Sri Lanka they arrived about 2500 years ago from the region of Bengal (which is refered to as the land of the Vanga people in SL history). The exact kingdom they came from as supposed to be located in present Bangladesh. By the time of Ashoka the Sinhalese had already established their first kingdom with the capital in the ancient city of Anuradhapura. In fact Budhism was first introduced to Sri Lanka by Arahat Mahinda who was the son of emperor Ashoka. By the time he arrived as the head of one of the buddhist missions the emperor Ashoka had sent to the regions around India, he was welcomed by the Sinhalese king Tissa and the whole country embrased Buddhism.

    The SL tamils arrived long after that during the Chola empire as invaders. They occupied the country for a while untl the Sinhalese princes were able to drive most of them back to India. The present SL tamils are the people who stayed behind in the northern regions of the island. Since they were in the island for a relatively shorter time they did not evolve a new language like the Sinhalese did. Sinhalese however evolved a new language and ther own unique culture which is still pretty similar to Indian culture.

    So the Tamils as well as the Sinhalese has lived in the island for a very long time and has every right to live in the island peacefully. This does not however give the SL Tamil the right to claim one part of the island for their exclusive use.

    We all have heard about great war of Kalinga in Which Samart Ashoka's army killed almost 2 hundred thosand people in a very short span of time. At the time thosands of people fled from Patliputra to current Odissa and many from that lot kept on pushing them till they found their last destination which is Sri Lanka. Decendents of these people today call them Sinhaleese. In the last 2 centuray British colonized Sri Lanka like India and ruled it. British take tamils to sri lanka for labor. Thus the ancestors of present day Sri Lankan's tamils have fairly recently migrated to Sri Lanka.





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  • ujjwal_p
    10-15 05:38 PM
    If spillover works, logic is simple. Pending applications ~290K. Quot available ~140k
    So, in just two years, every category should be current. Lets not scratch our heads.

    Please work out the data versus pending/quota/spillover. Do VISA DATES ENGINEERING. And figure out the visa dates process/workflow and put in front of DOS/USCIS to adopt. Or lobby to adopt. or rally to adopt.

    Otherwise our math will always be different from DOS/USCIS math on visa dates ;)

    Easy boss. It aint that simple. You think nobody's going to be awarded gc's in the next year from EB1 and EB2 ROW? Wow. You not only need spillover but also need really low demand from EB1 and EB2 ROW through next Oct. If economy start picking up we'll be piling up on the backlog again and back to twiddling our thumbs waiting for visa bulletin every month. The only way this can be solved is through more visas or through visa recapture. If either of them doesn't happen, we are pretty much guaranteed not seeing "current" for a good 5-10 years, assuming the economy starts recovering and adding more jobs which seems like it has slowly begun. Not that simple.



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  • Marphad
    03-29 08:21 PM
    My point is that a person/politician should be judged by the actions/governance and not their lineage. Congress is corrupt like most parties and that discussion is valid (though I would rather see this forum only used for immigration matters...).
    I can certainly provide hundreds of links to make this a dividing post but I dont have a propensity for it. My point was to a show a mirror to people who post some ridiculous posts but get away since they seem to be in the majority or atleast seem to be the loudest. Using the measures of US, a lot of what is said in non-immigration matters on this forum would be deemed so racist.
    As for Kashmir hindus, I truly wishes Justice is done to them. They are the Children of kashmir. Just like I wish justice is done for every person in India whether the crime be done by extremists or State actors. As for the non-existent discrimination of minorities, I hope you are right but trying to silence people who raise such issues is no way to provide justice. Even to this day, discrimination against blacks is a matter of grave concern in this country. A strength of a society/democracy is the treatment of the weakest/minorities.


    And what is the qualification of Rahul or Sonia other than being so-called Gandhi-Nehru?





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  • 485Mbe4001
    09-23 01:20 PM
    Leave it to us 'Skilled' folks to shred an idea before implementing it. What is the harm in mailing out a letter. We tend to focus on bringing out the negatives and keep discussing issues till the train passes us by.

    The bailout plan is a short window of opportunity, what is wrong in sending out some emails, we are not the only ones doing this there are hundreds of organizations trying to get their word in edgewise.

    (I for one am even willing to write a proposal to 'buy' a GC, if EB applicant is waiting for more than 5 yrs since his/her PD, they can pay 10-15 grand to fast track application irrespective of the fact that the PD is current or not. USCIS stands to make 2 billion. I prefer paying 10k to uscis instead of the yearly drain towards my lawyers SLK.)

    Anyways the point i am trying to make is that for this particular issue send out the letter, ask others to do the same and then discuss the merits of the letter. As the moderator mentions the window of opportunity is very small. Since you will be sending out your own letters, you can include any text to include current home owners or include only US educated or only EB 2 I etc ;)

    well said sayantan..

    This whole idea of linking GC to probable purchasing homes..is insane!
    it stops short of black mailing...



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  • NNReddy
    06-15 07:52 PM
    I am certainly hoping that I will get by EOY 2011. It's more than hope, I feel pretty confident that by that time I should get it. Just mark my words, come back on dec 31, 2011 and check with me. You have to believe before you get it. Have faith guys. Sooner or later the man who wins is the one who thinks he can!!!!





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  • villamonte6100
    12-14 02:50 PM
    Thank you very much for pointing that out. I really appreciate it.

    His/Her country of origin and the state chapter is not really relevent for this discussion now, is it?
    :cool:



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  • BharatPremi
    12-13 10:32 PM
    One possible argument someone can make is , if there isn't a per country limit on H1Bs, why should there be one on GCs?


    We can have a lawsuit saying, cap both visa types or cap none.

    If ever this law suit come before a judge, we can potentially win by creating a list of all the lost oppurtunities, lost time and money etc, basically building a human story around the restriction.

    Other than that, I don't think per country qouta violates the constitution.

    Anyways, I am enjoying this thread, very logical arguments in each reply.

    Mark,

    what say you?





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  • chanduv23
    08-17 03:21 PM
    This should not be a silly topic and won't be...I want to take this opportunity to bring the bigger issue here... things happen for a reason... we all need to understand that we have to make a positive out of this issue... Atleast all educated folks like us should be able to channel our wisdom to those folks who feels that they are above all... That kind of mentality should need to change in INDIA for people like SRK and politicians and lot of business tycoons.... I believe this incident is very good opportunity, one more time, once again for all those conscious folks who live here US and INDIA to make things better for life.

    "snathan" do not disappoint when people disagree with you... I 100% concur with your thought process...


    "chanduv23"

    I like the way that you put things in a perspective called your own prism. I do agree lot of things that you say but you seem lack of very basic fundamental human touch...

    World is a BEAUTIFUL PLACE... Mother EARTH is an awesome place to live... do not fall into a trap those who morons used and twisted great peoples words and made this place worse for political gains/reasons. Please do not twist/turn the great one and only Einstein words and his context is different.

    My point here is "Respect should be given by that acts that you do in life...should not be given just by demand"

    All I am saying is that "IN INDIA WE GOT SOOOOOOO MANY PROBLEMS TO SOLVE" why SRK cribbing about this incident... and innocent/ignorant and un educated folks going crazy over there.... instead he can do lot of better things in INDIA so that he can be recognized all over the world and given respect.


    EDUCATION, EDUCATION AND EDUCATION is the only solution for all the problems in the world.

    Well - world is definitely a beautiful place. World is beautiful because of beautiful good people. Like there is a saying "How is house different from a home? House maybe be beatiful and big but it is a home ONLY if it is a happy place to live" and making the world our home lies in how we make sure that it is a happy place to live.

    While your approach towards solving the problems is "education" in my opinion education does help, but that is NOT the only factor. Change happens gradually. Don't we all agree that the most educated people might be the biggest "problem creators"


    WRT snathan - he is a personal friend and I know him. He is sympathetic towards poor and downtrodden and wants to fight against injustice etc.....

    To snathan - to understand things in a better perspective, I recommend that you try this. Invite 30 hungry, poor, starving people to your house and provide them with food, education, good life and ask them to seek opportunities to better themselves. You may face the following

    (1) People may get more demanding
    (2) They may fight among themselves
    (3) Some might steal from you
    (4) Some might get into unethical activities
    (5) Some might disrespect you and step over you
    (6) They may show more respect to those who did not care for them and curse you for some silly reason.

    You might find some good people who really do what you intend them to do.

    Why I say this is - there is no GOOD POOR MAN nor BAD RICH MAN - different people behave different in different circumstances.

    Did you know that India's independence struggle, American civil liberty struggle were all funded by rich businessmen - they trusted the leaders and gave a lot of money for campaigns for them to be successful.



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  • Wendyzhu77
    06-12 02:26 PM
    Although people from desi consulting companies are generally not the "best", but when compared to the population of those immigrants through family relationship or even lottery, their skill level is still much higher.
    To be honest, I do agree that the US needs qualified people with skillsets. The real question is "Are the people from the desi consulting companies the real qualified lot ? " Just to get my background details out of the way. I am a new member, from India ofcourse, and I have recently applied for my citizenship. Now with this huge deluge of immigrants, especially from the desi consulting companies, I feel that my quality of life is getting adversely impacted. Do not rush to conclusions that I am anti Indian or anti immigrant. 12 years back when I first got my H1 visa, the requirements to qualify were strict. Staffing companies to a decent extent followed rules and tried to get the best and the brightest. Once the dot com boom started, people from all walks of life entered IT. This was true of not just the Indians but also of people in the US. Soon after the bust, the value proposition from these staffing companies was simply low cost. This is not to blame the staffing companies. They behaved in an economically rational way.

    Consider this scenario. If you run a consulting company, wouldn't you try to maximize your profits by staffing people in projects at the least cost ? This is econmically rational. You wouldn't worry much about the quality of the deliverables and all you would care is to dump as many bodies as possible at the client site or offshore and get the maximum bang for the buck.

    In this scenario, how is it feasible to expect immigrational justice when the bodies themselves dont provide exceptional talent and skills but simply offer low cost ? Now you would be tempted to bring in the analogous case of illegal low skilled immigrants. Remember they are just that - low skilled workers. They dont "steal" the jobs of high skilled workers. But this dumping of IT workforce has completely brought down the standard of living of the IT workers here. To be honest, those who get green cards today would feel the same way five years from now when the next wave of so called "skilled IT immigrants" offer even lower wages and destroy the quality of life.

    In summary, this retrogression is good in a way. The truly best and the brightest would still be employed until their turn for adjournment comes in. Only the weak are currently scared of the delays. I went through the same torrid GC phase after the tech meltdown in 2001. I was not worried of my job then but many people whom I knew got clobbered and were forced to leave. This is the darwinian flush and it will take its toll. Trust me this the bitter truth. If you people still consider that all the people on H1/L1 are part of the best and the brightest, they are WRONG. Only a small % (probably 20%) are the true best and the brightest and a good 50% will be flushed out. Sorry to say this and hey give me the red dots.





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  • lazycis
    02-16 10:11 PM
    Read complaint from NGWANYIA v. ASHCROFT case, you will find a lot of similarities with the current situation
    http://www.ailf.org/lac/lac_lit_101802.pdf

    Also those who are interested in active participation, please join yahoo group by sending e-mail to visa-recapture-subscribe@yahoogroups.com
    All we need is one or two members who have time and desire to start the process.



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  • lazycis
    02-14 09:23 AM
    http://www.immigration.com/litigation/I-485_litigation.html

    Read
    this
    http://www.immigration.com/litigation/I-485/Plaintiff%27s%20Supplemental%20Memorandum.pdf

    this
    http://www.immigration.com/litigation/I-485/Defendant%27s%20Supp.%20Memorandum.pdf

    and this
    http://www.immigration.com/litigation/I-485/order_class_denied.pdf





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  • longq
    02-13 02:59 PM
    I don't think so. 7% limit has been there for a very long time. Unused visas from prior years for ac21 purposes were still subject to 7% in current year. The 7% rule was unchanged.

    It seems that you think that the unused visas from prior year were not subject to 7%. There is nothing of the sort that allows this.

    I am not saying 7% is not applicable for recaptured numbers. EB3-ROW was current while EB3-IN,Ch retrogressed in 2005.

    Again 7% is not a quota or minimum or maximum. It is a guiding tool to avoid monopoly (not to prevent) for fist two months in a quarter and gave the remaining number to third month. It is not meant for reservation.

    As you said Bangaldeshies can not raise flag they as have not consumed 7% quota. Therefore one can not argue that Bangladesh-EB3 should be "current".

    At the end, first-come first served should prevails.





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  • perm2gc
    08-03 04:19 PM
    The Labour substitution is good option for few but not many. The process should be totally elimindate so that FIFO people will have a fair chance.Their only few people who really are need of it but 99% are fraudant people.





    newtoearth
    05-03 01:30 AM
    ....





    ujjvalkoul
    10-04 11:16 AM
    You can apply for Canadian PR while staying in the USA if you can demonstrate that you have entered the USA legally and stayed in the country legally for at least one year. That's what Canadian law says. I'm too lazy to look for the actual law -- just google it. ;)

    You can apply for the Canadian citizenship after staying in Canada for three years out of four. Of these three years, you must be a PR for at least two years.

    http://www.cic.gc.ca/english/citizen/becoming-howto.html
    Yes... at the time of application the H1B should be valid for at least 1 year.... I got my papers returned to me coz of this. I reapplied once I renewd my H1 for 3 more yrs



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