Tuesday, July 5, 2011

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  • unitednations
    02-13 02:41 PM
    Again wrong information by you and trying to hide background or historical information. Either USDOS/USCIS has not mismanaged the numbers in 2005. Claiming India and China was given more than they entitled to is wrong . They (DOS) did everything right till 2005. Now only they are violating. One has to study the historical issues before 1999. Before 1999, both India and China (both EB2 and EB3) were retrogressed heavily and backlogged. However ROW was current in all EB catagories. There was no retrogression in ROW. It was always current before 1999.

    For example, here is March 1999 VB

    All Charge-
    ability Areas CHINA-
    Except Those mainland
    Listed born INDIA MEXICO PHILIPPINES
    Employment-
    Based

    1st C 22JAN98 C C C

    2nd C 08SEP96 08SEP97 C C

    3rd C 01JAN95 08FEB96 C C



    As a part of AC21 act in 2000, the unused numbers (about 100,000) were recaptured to eliminate the backlogs in EB categories. The reason was this recapture to remove retrogression in India and China, as because that was only two countries backlogged at that point.

    After that ac21 law, there were additional 100,000 visas available apart from 140,000 visas every year. DOS has given 100,000 additional visas to USCIS in 2000 itself to consume it. Because of USCIS slowness/inefficiency in processing 485s between 1999 and 2004, they even did not have processed the yearly quota. Therefore the recaptured visas were remain unused for 5 years because of USCIS inefficiency. Therefore, at some point, it has to be consumed. Therefore USCIS did backlog elimination drive in 2005 (6 months processing of 485s ) to use all the recaptured visas. The original intension to remove backlogs in India and China. That was done by USCIS. USCIS can not hold that recaptured numbers for ever (by imposing 7% limit in India and China) how the future demands will be in EB3-ROW. Far example, if ROW demands 200,000 EB3 visas in year 2020, USCIS/DOS can not hold that AC21 numbers (that were recaptured in 2000) for ROW to be consumed in 2020, by imposing 7% limit. No one can anticipate future demands.

    Theoretically speaking those numbers belongs (AC21 recaptured numbers came only from EB1 and EB2 pool) belongs to EB1 and EB2 category. EB3 never gave any unused numbers in previous years. Ideally speaking, those numbers should have been issued to EB2 category first to eliminate backlogs in EB2 then only to EB3 ROW. Infact, all the ac21 numbers were used to eliminate retro in EB3 only. In 2005 they issed only 44,000 EB2 compare to about 150,000 visas in EB3. This is big injustice to EB2 India and China.

    Bottom line is EB3-ROW is enjoying with the expense of EB2 India and China.


    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.





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  • chanduv23
    08-17 01:21 PM
    Do you mean to say if one american actor/actress is frisked away at Mumbai or delhi airport, americans will go to street and burn the indian flag..? GOA will go after the indian security and customs...? I am not blaming anything about SRK. I am blaming common man, GOI....most importantly the OP who started the thread for SRK....well this is my last post here and I dont want to waste my time on a useless issue.

    Common man is common man everywhere. Star worship is something that exists everywhere. be it sportsmen or movie stars - these people win hearts of people and thats what matters which is most important.

    Now you are blaming people for worshipping him. Thats how things are.

    Do you know how crazy soccer fans are in some countries?

    Thats how things are my friend.





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  • yabadaba
    07-11 09:33 PM
    jazz and others did u give ur ielts..if so where???

    is it reqd ?

    can i submit a 8 yr old copy of my toefl instead?





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  • grupak
    02-13 08:51 PM
    Easy now!!! Simmer down.....

    Its just that every time the VB comes out, we get a lot of posts from folks from India/China who want to remove country limits. And they talk about only removing the country limits, as if removing country limits is going to solve the problem.
    You scare away ROW when you do that.



    Those who talk about only removing the country cap have not thought through the problem carefully. It will only slow everybody down. At the same time only increasing the visa number by say a factor of 2 will not solve the problem either since majority of EB GC are from a few countries.

    As paskal, others and I have been saying IV is for all EB GC, and we should look at solutions that help everyone.



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  • walking_dude
    02-13 11:33 AM
    Amit, noble thoughts. But that's not how majority of IV members think. We have members who think $50 contribution per month is too much. There is considerable opposition to making IV a paid forum (with even nominal fees of $10 or $20).

    Do you think we can get 500 members ready to contribute $500 here? Create a poll on this and see, you'll be lucky if you get 20! Like Jefferson said "those who prefer convenience over freedom and liberty, deserve neither". We are bound to suffer since we aren't ready to act.


    I think every body who wants to have a class action law suit should commit for $500 towards the expense. Only when we have commitment for $500 with person name and contact info, then we should move forward with the idea of Class action law suit. We need 500 people to commit for this otherwise there is no point in moving forward in this direction.

    There might be some people who will be willing to pay money but not listed as participant, and visa-versa and we should have at least 500 people who are willing to pay.





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  • thepaew
    12-13 04:49 PM
    Last I checked, the US was a sovereign country and is not under the jurisdiction of any international court. It is not even a member of the ICJ and this issue is not covered under WTO. Good Luck. :-)

    Yes, we should explore this more

    1) Whether we can really challenge this into US SC within US Constitutional
    framework?

    2) Whether we can really challenge this into International Courts?



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  • PlainSpeak
    01-14 01:18 PM
    .
    My friend willgetgc your last post was so nice and so articulate i cannot believe you would again fall from teh pedestal and comment on something so bad i am sure it repluses your spouses or your parents and i am not sure they would want you to talk like this about anyone

    Now my frined please never iask me what my specific ideas are because you do not beleiev in it and you have no respect for what i might say so why ask





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  • tinku01
    02-13 11:53 AM
    I am also with you guys.

    Tinku:rolleyes:



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  • breddy2000
    09-03 11:10 PM
    chill - u r working in US because have skills - got visa applied for Green card. In what way did Rajiv Gandhi help you? So do you say that everyone immigrating to USA from every country is because of Rajiv Gandhi?

    I see that u r arguing just for the sake of arguement. Come on man. expand your thinking capacity - U r responsible for your own life and you do things in life that suits you. Just like how u r a software guru, politics is also a field which has become a "career oriented" field. Now, a lot of people trashed SRK during discussions, I did not understand what his fault was, for such trashing.

    Now, the reason why a lot of people trash YSR is because of his corruptive governance - which crossed all limits.

    If you think that one has to respect someone just because he/she is a leader - that may not be practical

    If you don't know the difference between Policies and Politics I cannot help it.I'm talking about policies created by Govt in Power
    That's all I can say....Good luck

    CHANDUV23
    And your ID is revealed _TrueFacts....That's all I can say and which u are very well aware of.





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  • belmontboy
    08-17 05:07 PM
    True greatness is shown by humility, not pride.

    Al Gore, Kalam, etc are great personalities.
    SRK nah!!

    Thousands of South Asians have gone through same treatment.
    Growup SRK, don't be such a baby :D.

    I have never watched his movies, and i got one more reason not to watch "My name is Khan".



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  • venky321
    01-13 07:31 PM
    what the heck is all this
    i cant even understand a single word
    is it going to effect the students who did their masters here?
    right now im working as a contractor i did my masters over here
    is it gonna effect me now
    :mad::confused:

    Probably not right away; unlikely they will cancel existing visas.

    But over time those working for consulting companies could face hurdles at every step of the way, extensions, visa stampings and even at port of entry.

    Use your time to find a permanent job.





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  • Blessing&Lifeisbeautiful
    07-25 08:38 AM
    OLDMONK - sam_i02 - BLIB

    Here is my $.02 (or maybe 200 cents)

    I am here since 2001 and my family joined me in 2002. I came here at a fairly grown up age and the reason for coming here is mainly for a better life for my family. I don't make enough money to be able to send and invest in India. In fact I was sent money (more than $10K) a few times from back home.

    But I do make enough money here to be able to live in a good house and have a couple of cars. In India I couldn't have dreamed of a second car (I did have a car in India) and it would have been impossible for my kids to have a car when they are 16. I know for sure I have secured the future of my kids better here in the US than what it could have been for them in India. We are educated people and we keep reading about the successes of the Ambani Borthers, Rahul Gandhi and others. Our family with average IQs and wealth can only read the news but can never have a chance to have a go and succeed like those BIG WIGS in India. Here in the US, we definitely have a chance, to become at least a millionaire before we retire. As for my kids, they could be rich at a much younger age.

    My PD is Oct. 2003 EB2 India (filed everything in June 2007) and I have sustained the wait for 4 years and I am willing to take on the stress for may be one more year for my family by which time we all should have our GCs. Moving to Canada? - I would rather start my own consulting company in Canada and go there once in a while (preferably in the summer) to enjoy the weather and to take care of my business.

    Sincerely - IE


    You are right. A lot of us came here for a better life. And yes it is a better life. I think Canada is a good option, but it is a lot harder to uproot and move, when you are sooo settled in the US.

    Thanks for sharing your story.



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  • unseenguy
    01-09 02:44 PM
    Hello Gurus,

    My priority date is Aug 11 , 2006(EB2) and my 6 year H1B ends Sept 2011. Is there any chance the priority dates will move to Aug 2006 levels in FY2010? Or in FY2011? I am really worried because these days people are getting rejections for H1 renewals. When my time comes for renewal I want to have the EAD as a backup in case H1 renewal gets rejected.

    Please let me know your thoughts on movement to Aug 2006 before Sept 2011.

    Thanks.

    Why are you so worried? Dont be scared, make enough money and dont make silly financial decision. You can take your kitty back if push comes to shove. Economies in India and China are booming and you wont die hungry. I guarantee you that.





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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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  • nogc_noproblem
    07-16 01:37 AM
    That means, the horizontal spill-over (EB1->EB2->EB3) is the way to go and EB2 I & C will move forward healthily until it becomes current.

    So gurus,
    The progress has been better than this analysis - so where does this leave us?
    Any more thoughts?





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  • atlfp
    07-25 09:28 AM
    While many people are trying to get the system fixed, sometimes it might just be very much worth it to abandom the ship, if the ship is no good, just let it sink. There are other ships out on the ocean.


    Dear Friends, I had it... I am moving to Canada in the next 2 months to work for guess who? Microsoft. Came to USA in 1997 for my masters, worked at Legato, Documentum and Opentext. Had to restart my GC twrice, once as the company laid me off and next for career progression. GC is still years years away. Interviewed with MSFT last month and got an offer to work in their Enterprise Collaboration team. MSFT looked at the visa mess I was in and offered me to work in Vancouver. I get my Canadian GC in 6 months and my wife can work from day one. I am abandoning my US dream for good;guess I would be satisfied with touching my 4 year old son's American passport.

    I worked for a canadian company in US and now would be working for a US company in Canada. This is globalization. True Globalization. Any for those whiners belonging to IEEE and its propoganda machine, I would like to mention that I drew salries which were above way above the norm. I am sure I would be drawing more than 2 of his programmers combined. Ron- ask your folks to learn to compete and update their skills. They probably studied studied 'history of mathematics' as a math subject in high school instead of calculus. They were happy that they had the coolest Nintendo games while many like me were burning the midnight old figuring out data structures at Berkeley.

    I hope Berney Sanders and his club of the CIR days are hearing the developments. Berney, fix the broken education system for job protection rather than building fences to prevent legal workers to come to this gifted country. More companies will leave for nearshore if the mess continues. Fix the system by closing the H1B loopholes that a small percentage of companies are exploiting. Don't bad mouth the H1B system which has given you so much talent that you could have never groomed, the talented individuals who have contributed to the society, social security system and what not. Patch the holes in the fence, do not erect a higher fence for which people need to pay $ 5000 to cross. And by the way if you have the inclination and the time- fix the broken LEGAL High Skilled immigration system.



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  • chi_shark
    01-25 03:06 PM
    so you are saying your benefits are not worth $12000? Then whose mistake is it that you parted with it?

    From the day I came to this country , I have spent around $12,000 on immigration including H1-Bs, filing GC, APs, EADs extra. Not to mention the traveling for visa stamps and whole other shit load of expenses. I guess most of people who paid for filing GC did spent same amount of money.

    Hell ya, Some one got to be benefiting from my $12000.





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  • immieb2
    01-14 07:26 AM
    Consulting companies are just the tip of the ice burg. They should really target infy, wipro, TCS like companies. They are the one truly exploiting the sytem to the fullest. They do not sponsor GC, do not pay the good salary or any benefit to the employee. I also dont see the share holders are rewared. God knows where all the profits are going. (which holes are getting filled)?

    I agree with you completely. I don't know what Infy and Wipro are doing with their money but TCS was filling Tata Motors and Tata Steel historically. Also buying companies like Land Rover and Jaguar while screwing their employees.

    Are they using TCS money to subsidize Tata Nano?





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  • deba
    07-03 05:04 PM
    I am India EB2. Labor cleared 2 years back, I140 cleared more than 1.5 years back and I485 pending for more than a year. Have EAD and AP.
    Currently continuing under same employer with I797 valid till Dec/2008. I will complete 6 years of H1 in Dec.
    I would like to change to a new employer with a new H1.
    I believe I am eligible for a 3 year extension based on above conditions.
    My question: After I get a new H1 and invoke AC21, but supposing old employer withdraws I140, what happens to the new H1?
    Since it is to be issued for 3 years based on labor/I140 cleared etc., what will be the situation if the underlying I140 is withdrawn by original sponsoring employer?





    breddy2000
    09-04 07:47 PM
    dealsnet,

    Don�t assume that things will work like they work in YSR regime.

    If you think that, the discussion does not make any sense to you then keep away. You are assuming that IMV has compromised security. FYI, this is not a YSR forum, nor it his jagir to do a security compromise.

    Wow Mr. Chandu.....Procliaming that he is has access to Admin rights and saying that he is not compromising on the security aspect as this is not YSR forum.....

    This AH has revealed someones full name publicly where no one knows how to do that...except Admins....

    Thats it Guys.......I'm out of this....

    If I'm CHANDUV23, I would have retaliated from my posts so far...Looks like "_TrueFacts" is more offended than "CHANDUV23" offcourse we know both are same.....

    Hats off Man....





    weasley
    09-23 06:44 PM
    I completely agree with this. USCIS has better date than prior years. PD for October is Jan 2005,the numbers available for first quarter is 750 (approx) and around 700 I485s are in Jan 2005. We will know in Dec whether quarterly spill happens or not.

    The key difference compared to last year is Pre-Adjudication and improved communication between DOS and USCIS.
    .



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