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  • sanjay
    10-15 03:50 PM
    proengineer why did you create a new profile to post this?
    Why are you marketing a lawyer?

    Atleast he had something to tell. He might had spent atleast half an hour or more to get these numbers.

    And I think that who ever is on IV for sometime knows about Ron, Gerg, murty and OH . So what's the big deal ?





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  • mnkaushik
    07-14 10:18 AM
    My Priority date is Jan 2004, EB3-India category having approved I-140 and applied 485. I have sent my EAD and aP for renewal which expire in last week of September. My spouse is in EB2-India having pd Dec 2005, also applied I-485 (140 is approved) and has applied for EAD and aP renewal which expire in last week fo October. We both applied independently and are using our H1bs and not EAds.

    Since my spouse's PD is going to be current in August'2008, I was planning on applying for a second 485 as a dependent on my spouse's application. Questions i have are -
    1) I did my medical for previous 485 in June of last year, is that still valid?
    2) Can I still keep my previous 485 application or should I cancel it.
    3) What should i do about my AP and EAD? I have travelling job and am thinking of looking for a local job around end of the year or begining of next year. So would like to know what I should do about EAD and AP

    Lastly is there something i am not thinking of?

    Will greatly appreciate your response.





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  • mundada
    12-13 02:00 PM
    I think you have made a great argument. The original intention of diversity quota was to prevent people from certain European countries from becoming a dominant race in the US in 1920s.

    However, the Civil Rights Act that protects national origin came into effect in 1964.

    I am not a lawyer but have been taking business law course. I therefore believe if national origin discrimination is not allowed in the employment then unusually high (5 years) green card delays for certain nationalities is promoting national origin discrimination by detering employers from hiring people born in certain countries.

    I think this argument will fly. I am not sure family based restrictions could be lifted but national origin quota restriction on employment and national origin non-discrimination in employment are definitely contradicting each other.

    FYI:

    TITLE VII of the 1964 CIVIL RIGHTS ACT (1964)
    The protected classes: race, color, sex, religion & national origin. Employers with 15 or more employees. The most well known employment discrimination statute. Prohibits employment discrimination against the protected classes - race, color, sex, religion & national origin – in every aspect of employment, i.e. hiring, firing, promotion, training, working conditions, compensation, etc.



    Hello All,

    First and foremost, i must thank everyone from IV, who is working tirelessly to resolve the issues of retrogression in the GC process. As an affected individual I am very grateful that leaders of IV are ready to contribute so much effort for its goals. And even though I do not actively work for the IV agenda, I have contributed money to some IV action items.

    I have a question/suggestion regarding the IV agenda. On IV's about page, pt number 2 asserts amongst other things,
    The Discriminatory Per-Country Rationing of Green Cards That Exacerbates the Delays.

    and further in the same point

    We do not allow employers to discriminate hiring based on their nationality or country of origin. Therefore, the employment-based immigration, which is a derivative benefit of employment, should also be free from rationing based on nationality or country of birth.

    I am curious to know what is the "legal" strength of these assertions is. Are they just "moral" statements or can the validity of these statements be tested in the legal framework of this country? In other words, my question is what is the constitutionality of the "Per Country Caps" in Employment / Family Based Immrigration procedures.
    A lot of Laws and Statutes have been challenged in the Judicial System of USA. And many more are challenged every year. And if the laws are not constitutional then they can be repealed.

    I am sure the leaders of IV must have thought about this argument however a quick search of the forums with 'constitutionality' as the search term did not return any results.

    IV's efforts to utilize Lobbying to bring about change to alleviate/eliminate retrogression are certainly beneficial. However, if IV has not already considered and eliminated this legal argument, then it should explore whether there is any substance to this approach.

    Hence this post. Below are some of the links that might be relevant.

    wikipedia article on constitutionality (http://en.wikipedia.org/wiki/Constitutionality)
    wikipedia category on US immigration case law (http://en.wikipedia.org/wiki/Category:United_States_immigration_and_naturalizat ion_case_law)

    thanks and sincerely,

    --soljabhai





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  • ivar
    07-22 02:24 PM
    Is it possible to know who has given red and where do we find the comments.

    I was heart broken too when I got my first red. And I got it just because I agreed with someone that it is not a good idea to staple new passport and old passport together and suggested to use a rubber band to hold the two passports together. The person who gave me a red said in the comments section "I will surely use a rubber band to hold my passports together." Not sure if he was being sarcastic - but I stopped worrying about red dots now.



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  • vdlrao
    09-17 02:03 AM
    I got the below numbers from the PERM FDLC site for the applications filed in 2005 and approved in different years of 2005,6,7,8
    2005 India 1353 (filed in 2005 and approved in 2005)
    2006 India 3888 (filed in 2005 and approved in 2006)
    2007 India 60 (filed in 2005 and approved in 2007)
    2008 India 10 (filed in 2005 and approved in 2008)

    Total 5311
    5311 for both EB1-5 : So taking 50% for EB2I - 2655
    GC : 2655*2.5 = 6637 ~ 6500 (considering lucky 2008 Aug-Sep approvals, 2009 Sept)
    These are the right numbers for the 2005. Thanks for tempgc for doing this. And the corresponding numbers 3888, 60, 10 have to be deducted against from the years 2006, 2007 and 2008 respectively.





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  • dealsnet
    09-04 11:43 AM
    -TrueFacts have atleast four diffrent ID's.
    I have got 4 red dots from his avatars.
    I have my GC on my wallet, so I don't care about any other GREENS.

    And right on.... Never expected such a behaviour from a noted Senior member.....

    Personally I do not care if I get "Reds" or "Greens" as it is not going to give me GC for what I'm here for.....



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  • Aah_GC
    07-11 06:10 PM
    Guys.. can one of you please suggest a good Canadian PR processing company? I keep getting mails from cr@protechimmigration.com. Is Protech good?

    Would really appreciate a reply.





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  • senthil1
    06-26 01:14 PM
    EB3 other workers visa very less in numbers but more people are available as it is unskilled. So that case cannot be equated to high skilled categories.

    In EB2 and EB3 total eligible person I am expecting is 200 to 300K that too all may not file due to person reasons like marriage etc. For 100 to 140K Gc numbers 200k numbers will not make them too crowded to stop in the middle.

    did'nt that just happen to EB3-Other_Workers? The July visa bulletin turned their dates into U, and at the same time USCIS was asked to stop accepting applications (although dates were ok per the June bulletin). That was the note on immigration-law.com (with another note that AILA was looking into the legality of doing this)

    ================================================== =====================================
    06/16/2007: Unskilled Worker EB Category Visa Exhausted Even in June 2007

    * This is a truly bizzare news. AILA has reported that State Department had advised the the USCIS that the EB-3 Other Worker category had been exhausted., and based on this advice, thedUSCIS HQ has informed the Texas Service Center and the Nebraska Service Center to reject EB-3 Other Worker I-485 applications even though the June Visa Bulletin shows visa availability. It is indeed a double blow news to the Unskilled Worker community. AILA is looking into legality of this action.



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  • Googler
    02-16 04:24 PM
    Note that early PD applications of all categories will be freed from the FBI Namecheck blackhole, so the old situation of not-stuck later PDs getting greencards because early PDs were stuck won't happen any more. That is what created the mad, lottery like situation. So there should be slow cutoff date movements in future barring yet another f&#$ up by USCIS.

    When a category becomes "Unavailable" it means that the entire annual supply for that category has been used up for that fiscal year (which ends Sept 2008). Given the degree of the EB-3 ROW retrogression, I very very much doubt there will be ANY spillover from ROW to India. At present, DOS plans to move EB-2 India only if EB-1 India has excess visas. The quota for for EB-1 India is 2803 (including dependents) in any fiscal year. So let us consider some scenarios -- say half the EB-1 India are available, so 1401 are given to EB-2 India -- do I think there are 1401 EB-2 India applicants with dependents ahead of me -- average family size of 2.2 means approx 636 applicants? Yep! No doubt about it! Hell I'm sure that there are 2803 EB-2 India applicants ahead of me.

    Remember also, that the DOL backlog was FINALLY cleared. All those unlucky people with PDs even earlier than mine were FINALLY able to file their I-485s. They are all in the mix now and deserve to get their greencard before I do.

    The earlier situation with the FBI blackhole meant that USCIS could rob Peter (stuck w, early PD) to give greencards to Paul (not stuck w. late PD), hence the wild movements in cutoff dates and the idea that oh, my date will come any day. Now we will really feel the supply constraint, there simply aren't enough greencards to satisfy long retrogressed EB-3 ROW and the permanently oversubscribed countries. Which means that recapture is the ONLY that too partial solution for this mess. Everything we do should be towards achieving that aim.

    And then there this piece of info from Ron Gotcher posted on Feb 14, 2008
    http://immigration-information.com/forums/showthread.php?t=4285
    "Last night, at a meeting of the American Immigration Lawyer's Assocation Southern California chapter, Charles Oppenheim spoke. Mr. Oppenheim is the officer within the Visa Office tasked with calculating visa bulletin cutoff dates each month. He offered the following thoughts as to cutoff date movement in the upcoming months:

    In April, India and China EB2 will be set at 12/01/2003
    EB3 for India and China will slow down for the rest of the fiscal year."

    I am riveted by this because I spoke to Oppenheim just the day before this meeting (he referred to it). This was the conversation in which he told me that at present EB-2 India would only get numbers leftover from EB-1 India -- the problem is he doesn't know either exactly how many EB-2 India adjudicated applications there are in any specific PD range -- so every month he makes wild guesses, with the intent of using up visas. So I guess at least as of 2/14/08 he thought moving the date to 12/1/03 would more than mop up whatever was leftover from EB-1 India. Given the end of the FBI boondoggle (the effects of which have not been quantified by Oppenheim or USCIS) I'd predict that even a date in early 2002 would be good enough to mop up. Let us see if he changes his mind by mid March.





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  • u.misc
    01-19 12:00 PM
    agreed 100% but read my post with a sense of humor. No malice towards any desi consulting co. It was pure humor .


    What part of the following was the pure humor ?

    1. Yours extensive, in depth and first hand understanding of Prostitution business as it was your family business.
    2. The sophistication of your thinking that your sister working for Consulting Company is as good as her working in brothel.
    Or,
    3. Reverting from all the BS you said about desi people working as consultants.

    Shut the hell up.



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  • gopinathan
    07-28 08:19 PM
    not true fellow ex-IBO. you will be surprised as how many others are there. we (desis) have a special section for ourselves ofcourse :)

    .... Unfortunately, a big number of people who are involved in this biz are Desis.

    How can you ask personal questions to someone you don't know and just met? I can't comprehend it.





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  • apb
    09-24 02:36 AM
    brilliant idea...if some of us are able to get off the queue and give more visa numbers to others waiting helps everybody. Along with US homes being sold could add some value. Hats off to nixtor.



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  • poorslumdog
    09-04 12:59 PM
    No point in agruing with fools like you.....

    Then argu with yourself Idiot.:D





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  • vamsi_poondla
    02-14 12:56 PM
    Let us get started with legal opinion of Rajiv Khanna. I believe we have strong grounds for the class action law suit for past sins of USCIS - not utilizing full capacity of VISAs for GC processing. That is defintely operational inefficiency. But USCIS might claim that this may never happen again now that the name check requirement is waived off after 180 days.

    Around 80 people voted for the law suit. I am willing to contribute $10 thru Paypal on my part. Please pitch in to make it $600 for the consultation. Then one of the folks in DC can get in touch with Rajiv.

    lazycis/hopefulgc I am willing to send $10 as a token of support for your initiative. I am impressed by your confidence and conviction. Let us form a new group and we will definitely get moral support from all good IV members. Personally I dont want to be plaintiff as I have too much to loose. But I support your group. Waiting for your direction.



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  • okuzmin
    09-30 04:29 AM
    HI can some body answer if we can apply for canadian PR with H1 B valid for less than 1 year.

    For canadian citizenship you have to be in canada for 2 yr(physicaly) and after 3 yr after stamping

    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





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  • gc_check
    01-13 10:33 PM
    The memo certainly appears to make life a lot difficult for genuine LEGAL non-immigrants and future immigrants taking the EB route. No questions, there were many mistakes made in the past, by the so called "Consulting Company's and also the employees/non-immigrants themselves, who willing joined hands with these greedy companies for their own benefits, (Ex. --> Converting H4 -> H1 through the so called startup's, etc.. with false experience, etc) are the cause for all this in a way. USCIS should have a better way to punish these folks, but still they are many many genuine cases, people who have come with real experience from their home countries, people graduated from US Universities and then pursed their career here, etc... should be considered when drafting memo's like this. These people, I am sure are a large percentage here and should not be punished for following every single law and trying to make life better for them and for all. Also, it they make it so difficult for people to come here /work, Well, at least IT/ Software sector is not in the early days any more and this is well matured and BRIC countries have more qualified people getting out of colleges and more experienced people, going back, will do more good for business's already looking to outsource and this would promote more outsourcing and eventually work against the better interest of the citizens.



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  • mariner5555
    02-14 06:25 AM
    What rights did the Natives have in the 18th and 19th centuries when Europeans invaded their lands, and massacred most of them? Did they respectfully ask the Natives if they could immigrate? No? They walked in as if they owned this land. As a Canadian, I'm ashamed to say that this happened in my country too.

    Never think of immigration as a privilege - think of it as your birthright - this is your planet and you have the right to go wherever you want. Get into that mentality instead of the groveling "Please sir, I want some more" mentality.
    well said. actually there should be corresponding supply of green cards to the demand. as long as jobs are there and people are needed - GC numbers should be increased. but life is never fair - my advice (to those who want) - live life well , try yr best with IV efforts and make as much money as you can(and be ready to move out with it). I think country limits was set in green cards to ensure that not many people come from one country (because they become powerful as their numbers increase and become a voting bloc) - however migration from south changed everything.





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  • gc28262
    01-14 01:14 PM
    V true.

    Folks, the memo clearly empowers USCIS to crack down on consulting firms which don't have any in-house infrastructure (other than contractors) to execute projects.
    H1B is misused for a long time now by these firms and it was high time they put the screws on these "job shops" as they call it. Unfortunately some talented workers will get impacted.
    But if they are talented they will find opportunities elsewhere. Trust me on that. And better opportunities.

    Nathan is exactly right. These firms have created a mess by bending rules everywhere.

    Don't start speculating that USCIS is trying to throw out all immigrants from this country. I'm surprised that folks don't take a proper view of the situation (yeah..bring the reds on and call me an anti-immigrant).

    You are wrong. Look behind the scenes to understand what is really happening. Who forced this memo ? Who made this lawmaker to write letters to USCIS director ? You were not watching while all the background work was being done by anti-immigrants.





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  • trueguy
    10-06 06:41 PM
    We should follow up on this. US Economy really can take advantage of our buying power. If they give us GC, people will start buying and stop sending their savings to off-shore. Also, buying each house comes with at least 50K other expenses (remodelling, furniture etc) and that will also help the economy.

    IV should follow up on this topic with Lawmaker and see if they can understand the logic here.





    newtoearth
    05-02 04:58 PM
    ...





    panini
    05-11 05:16 PM
    Yes, I have seen this and more than enough LTTE sponsored propoganda web sites. This is nothing new. Just beware, do not believe everything you see. Do your own research and form your own opinion.

    Read this report if you have time. This will tell you why the problem in SL will be there for ever. Again i am not supporting LTTE.

    If SL does not change then someone else will come even if there is no LTTE.

    http://tamilnational.net/images/2009/april/Asia/TamilNational_Genocide_Part_I.pdf



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