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  • _TrueFacts
    09-04 08:05 PM
    I deeply care about what is happening in my motherland. But this is not the right forum to discuss these issues. Immigration voice is a organization that represents skilled immigrants seeking to emigrate to US and I believe the type of conversation in this thread is not representative of legal immigrant's views (including the majority from India). What we post on open forum is available to everyone and can be used against us in future for propaganda purposes.

    I will probably not respond to future posts but I request admins to consider closing and deleting this thread.

    Better then, world will know about people like YSR and how much we care about good governance.





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  • chanduv23
    07-04 11:28 AM
    While it is totally understandable that everyone get angry when rubbed in the wrong way - we must all remember that we are immigrants in this country and the country is currently driven by perception about job loses, terror plots, security threats etc..

    In discussion forums or free speech forums, be very very careful - it is easy to trigger anger and get into heated discussions.

    Please tone down the rhetoric and also tell your friends also.





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  • vdesi
    01-05 02:09 PM
    This is a good idea but it won't help the housing crisis or the economy. It may not be viewed as fair to change the quota simply for those with money to pay a "fee." However, buying a home can put a floor under the housing prices and support the economy.

    Premium processing is the word, taught by USCIS.





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  • smuggymba
    01-15 03:59 PM
    I'm not sure why ppl gave me red for posting a business practice of desi dallas.

    Can you please tell me if what I posted is wrong or you just don't want to accept the facts?


    I trust the talent of desi dallas, they will come up with a way to circumvent this

    Their other talent includes asking some part of money from the employee from their salary every month so that they can give them money when they are on bench. They are genius. They come up with some serious fun stuff



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  • snathan
    03-30 02:38 PM
    We need food and shelter to sleep than Nuclear Deal I like your Future prediction of Nuclear deal.!!. (obviously, we are hungry and looking for food and place to sleep :)

    Letz change the Govt and see what will they do in future. (We did n't see anything big with Congress for the past 4 decades -

    Show Mr.Advani's track record before changing the govt.

    Otherwise why its only Advani. We can try with Mayavathi, Mulayam, Jayalalitha and Karunanithi also...





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  • tw00ne
    07-23 10:35 AM
    Is unclear to me what the law is for those 2 cases

    1) You are with the employer that sponsored I140 and you get GC.

    2) You use AC21 and move to employer B and get you GC while at employer B.

    In both cases more than 6 months have lapsed since the I485 filling

    And the question is...:

    Are you free, after getting the GC, to move to another company or you need to stay with current employer for a certain amount of time?
    How would USCIS know if you moved?



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  • RNGC
    07-25 03:31 PM
    My H1 B was valid till March 2008, My employer filed for a 3 yr extension and got it approved.

    Have applied for 485/AP/EAD during July 2007.....

    Went to India and came back using AP. Now have I-94 as Parolee till Sep 2009.

    1. Am I still on H1 Or EAD ? My employer says I have nothing to do. I work for the same employer who sponsered my GC..

    2. Do I have to do any paper work after Sep 2009 (date in I-94)

    Appreciate your response.





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  • snram4
    01-15 01:45 PM
    Difference between Job shops and reputed Companies

    Indian body shoppers employ a H1b Persons and many of them are in hourly. No project then no pay. Also because of H1b and GC employer has complete control over the employees about pay and other benefits. No pay in bench is violation of law and both employee and employer are willingly accept that. Because of that employer and employee does not have any risk and employer always make huge profits without exposure of any risk. Employee also does not have any risk of losing GC process. So our body shoppers are attractive destination for GC aspirants.

    The companies which follow rules are forced to pay bench or lay off. So both employee and employer are risk of survival. Companies may be under risk of heavy loss when there are too many people are in bench. That means companies which follow rules and regulations are making loss in tough times at the same time Body shops always make money and worst case scenario no loss no gain. Also GC process is uncertain for those who are working in good companies

    This inequality was known by everyone including USCIS. So they are coming up with regulations. Some good apples will also be impacted when there is a rule is formed. There is no surprise of opposition as many Indians fear that it may impact them


    If one filed I-485, isn't employee-employer relationship comes under a questionmark? what if that company is closed ? And if this memo is implemented, most of the GC filing IT Inc. will be shut down sooner and hence will be a big mess..they are the ones who are supporting for their GC.



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  • mantric
    02-13 02:55 AM
    Yes I believe we have a case.

    The EB immigration system has become a joke where we are fighting for a pittance of this or that quota.

    The current situation is a violation of human dignity of young and skilled american workforce.
    It is a violation of liberty of tax paying law abiding residents.
    It is very unamerican as it closes off opportunities for some of the brightest people in the world.

    Shame on America that this exploitation exists in this day and age in this country.





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  • life99f
    06-28 12:42 PM
    Good idea. But I am going to TSC.

    This is what I'm doing. I'm flying to Nebraska service center friday night. Will put my shelter in front on PO box and will remain there until Monday morning. Once the USCIS guy comes up to pick up the mails, I'm just going to hand deliver my paper before he even opens his mail box.

    Want to join me ;)



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  • logiclife
    01-29 12:21 AM
    How do lawyers benefit from it? Thanks.

    Immigration lawyers have tendency to side with employers, not employees on the policies of legal skilled immigration. That's one reason.

    Another reason, even simpler is that labor substitution means extra business.





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  • johnmcdonald98
    03-26 06:47 PM
    And does this mean that this law will definitely change, or is it still possible that vested interests may still keep substition alive?


    I want to know this too... What's the rough estimate, how long will it take before this will be come LAW?

    thanks,



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  • senthil1
    06-26 12:42 PM
    I did not see any precedance for stopping I485 in the middle of months for past 10 years. If it happens that will be first time

    What I noticed is these kind of roumor comes from those who already filed and got their receipts :D :D

    Isn't it??? ;)


    Mid month retrogression is possible acc to Murthy but that may not happen in July

    Everything is a speculation here. USCIS is the winner - always keeps us guessing.

    Some optimistic coments I heard is - USCIS is now prepared to clear backlogs and will accept a lot of applications this month as they do not want this year's visa quota wasted.





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  • villamonte6100
    02-18 11:17 AM
    (1) There was no shortage of laypeople and even attorneys who asserted that "USCIS isn't doing anything wrong they are just following the law" when it came to FBI name checks. Fortunately for all of us sharper legal brains and sharper judges prevailed, and brought us to this happy day.

    (2) On Class Actions: Villamonte, have you read the Mocanu decision (http://www.bibdaily.com/pdfs/Mocanu%202-8-08%20LEXIS.pdf)? If not I encourage you to do so -- that was just individual cases being consolidated, but the situation is not very different -- you should pay particular attention to the part where Judge Baylson recommends a multi-district class action litigation to deal with all the other name check cases (see p. 16, para numbered 6).

    The parallels between the those cases and the one being proposed are very strong.

    Judge Baylson is not the only judge who has recommended a class action approach to these issues. IV members should also be aware that all we need are a few named plaintiffs, it isn't as though every IV member or even everyone wanting to sue needs to be a named plaintiff. All the judge needs to recognize is that there is a large group of applicants with same or similar grounds for suing USCIS/Emilio Gonzalez. Edit to add: IV the organization doesn't even need to be the primary plaintiff, since that will necessarily cutoff any parallel discussion with the agencies. The IV forums are just a place to organize this.

    (3) Preliminary Ideas on the Grounds for Suing (courtesy lazycis):
    The grounds for suing USCIS is the same as in Gonzalez v Howerton -- (a) interpreting the law incorrectly (b) not following the statutory requirement that they use up all the greencards available in a given year and therefore being guilty of affirmative misconduct. At the very least, a judge is within his rights to make them make amends -- by recapturing 2003-2004 EB greencards, since they wasted them as a result of their affirmative misconduct -- they waited for name checks or simply not processing applications - no one can say there wasn't an application backlog in 2003-2004.

    (4) First Steps
    What we need here is to get this matter before a good legal strategist who is familiar with (a) the two sources of affirmative misconduct (FBI name checks and cessation of processing in 2003-2004) (b) precedents and caselaw (note that most immigration law firms are good with filing paperwork, but not necessarily complex litigation, so forget about the usual suspects.) The perfect legal argument will not sprout up immediately. In the same way that the legal arguments in the name check cases were honed over time (lazycis can confirm this), this too will need some serious research and thinking.

    Those of you who want everything about this case sorted out, signed, sealed, guaranteed and delivered this week will need a reality check. :)

    As will those of you who think that the way to approach this is to discuss these issues without familiarizing yourself with facts and legal precedents in some detail (so arguments about slavery etc are not the ones that will win the day in court, it is arguments that can show that USCIS was not interpreting the law correctly and in doing so caused harm and that the harm can be remedied through recapture.) -- if you want to see how a case like this will work read Mocanu and Galvez. This case will not be a dramatic movie-style civil rights case about slavery, it will involve the most tedious sort of nitty gritty discussion of admin misconduct.

    OTOH, for most of us, all we've got is time -- I do not foresee my Jan 2003 EB-2 India PD becoming current any time soon. I'm prepared for a long legal battle. I'd rather do something constructive** that will likely change the process than sit and wait and mope.


    **: Yes, I've sent off my letters too. I think of these two things as complementary projects.

    Neither of us are lawyers and I wouldn't even bother reading what you wrote. All I can say is, why don't you ask your immigration lawyer about this Class Action. Let's see what he says.



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  • GC_SUCK
    09-29 11:52 AM
    I also have to land before 03/2007.

    New 3 years extension is valid till 10/2009. Visa Expired. I am from Pakistan. Where u from?



    I got my Canadian PR and I have to land before 3/12/2007. My H1 B VISA STAMP expired on
    8/30/2006. I got approval from another three years from USCIS but I need to go for visa stamping. I don`t want to go for US Visa stamping coz last time it took my one month for all background checks. I am avoiding for US Visa Stamping but I want to land in Canada in order to secure my Canadian PR.So any I use automatic revalidation provision of 22 CFR � 41.112(d) and come back with valid I-94 and without H1 B visa stamp from US consulate

    http://travel.state.gov/visa/laws/telegrams/telegrams_1441.html#



    Any one can help or guide me what is safe to do ?

    Thanks





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  • ita
    03-29 02:12 PM
    or is it ignorance? (even if you are responding to someone' post)
    Hindus in India have come a long way when it comes to religious tolerance,don't you know that?
    Remember we had a Muslim as president(Abdul Kalam) a Sikh for PM(Manmohan Singh) a Italian Roman Catholic as the president of the ruling party(Sonia Gandhi).

    But certainly criminals and perpetrators of Genocide would be desirable PM choices. Rock on

    If you say so then I think Sonial Gandhi/Rahul Gandhi/(even Priyanka Gandhi would be the front runners in list. Don't forget Sikh riots/Bofors/Oil Scam/the now Missile scam /KGB connection (ref 'State Within State')/ Rahul Gandhi's arrest by FBI and many more...

    Here, have fun... enjoy this.( I know if it was written by a Hindu you would come back saying it's biased.But now you can really enjoy it )

    To all it's a must read

    http://74.125.93.104/search?q=cache:prdjEwwFXSUJ:www.francoisgautier.co m/Written%2520Material/Christian%2520India.doc+ambika+soni+religion&cd=5&hl=en&ct=clnk&gl=us

    On a side note:
    Kashmir Hindus were ousted by Muslims. Even during the recent Mumbai attacks perpetrators gave a interview to the news channel saying that it is an attack on the Hindu India.
    Still Hindus maintained communal harmony even though Antulay, a muslim ,tried to take advantage of the situation.Still people like you carp about Muslim discrimination.
    What is this desperation to keep the almost non-existent (Hindus-hate Muslims, Hindus hate Christians)hatred/discrimination alive even though reality time and again proves the harmony of Hindus.

    Even after all this I believe the truth that be it Hindus/Muslims/Christians... we are human beings and equal by the very virtue .



    US just elected a President who father and step father are Muslims. And that is great and the world appreciates that because it shows that this country can judge a person by his skills or character and not get stuck in bigoted views about muslims or other minorities. And we love this country for that

    But when it comes to India, don't you think of voting for Rahul gandhi because he might have some blood of either a parsi or ('god forbid') muslim in him. That certainly should dis qualify him, shouldn't it. Nepotism is certainly bad but this takes the cake. Dont vote for him because he might be 10% parsi/muslim (I am sure you have not forgotten about the italian heritage but you can raise that later). But certainly criminals and perpetrators of Genocide would be desirable PM choices. Rock on



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  • waiting4gc
    02-13 02:12 PM
    Again, there are no guarantees which of the 3 will get passed or accepted. 1 & 2 benefit you more than 3. Will be combined effect of those be more than enough to offset 3 (which I doubt will ever happen since that will require a change in law) is up to anyone's imagination.

    Will you stop supporting IV which is trying to improve ALL legal immigrants prospects of getting a green card because one item on their agenda MAY DO more harm to you than good is your prerogative.

    However, IMHO saying that 3 hurts you and hence you will not support IV is the same as those people who in July were crying because everyone was getting to file 485s and hence would lengthen the GC processing queue. I was in fact not benefiting too much from that but I supported it since having been in the queue for long enough I know how painful it is.

    Like lot of other people on this forum said, try to rise above what is GOOD FOR ME and I will only support IV if it does ONLY that. Someday there might be a law that affects you more than the majority and you will need the all legal immigrants voice to help you out.

    Is the cumulative effect of all three measures good for me (reduced wait time, or no change in wait time), or bad for me (increased wait time.)?

    I read this, and I was referring to this:



    So, does recapture and the increase in quota and the removal of the country limits, result in a greater wait time for me, as the comment above seems to imply. It would, if the recapture and the increase are not large enough to offset the effects of the removal of the per-country limit on ROW.

    Coz if it does, then I don't have an incentive to support your goals, do I?





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  • pappu
    12-09 09:01 AM
    The thread was started by an IV core member who took the lead on this and this idea has also been pursued by him with officials. If you have any questions to the core member, contact him. You can also contact your state chapter leader who can easily communicate with any core member.
    It is not possible to read all posts and respond so you maybe disappointed.
    Thanks.





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  • furiouspride
    07-21 03:28 PM
    found this :D pretty much sums it up.

    http://praveensg.com/wp-content/uploads/2009/06/amway.jpg





    arunmohan
    06-03 07:34 PM
    Laws you quoted are for US residents, not for those wanting to be US residents. Country quota, I believe, is more sensitive and difficult to change. Of course, it is not working for the original intent to not have people from a few countries making US as their home.

    Work-arounds, we are so familiar with such as AOS, EAD, H1B beyond 6 yrs, etc., are easier to get in. For the current situation, simple work-around could be to adjudicate a case when all is good except the visa number, and send an interim GC card until visa number is available. When visa number is available, interim card could be replaced with a permanent card. In a nutshell, replace EAD/AP with an interim permanent resident card, and replace it with a permanent card when visa number is available.

    I agree with JSB. As per my understanding this would be a best option for us right now. We can fight for this from USCIS, there is no need for legislation.

    IV and Donor members please proceed for this. I am willing to donate money for this.

    We can ask from Ron Gotcher if this is possible or not.





    NKR
    02-16 02:26 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..



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