Sunday, July 3, 2011

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  • gcdreamer05
    03-27 12:00 PM
    How about rajinikanth, vijaykanth, kamalhasan..........

    Amitab bachan, hrithick, shah rukh..............

    If Imran khan has come in to politics why not Azharuddin ?

    We can keep guessing but you know who is the right guy ,

    Abdul kalaam (can a president become a prime minister too again or something will limit him not to).

    Or deport bobby jindal there and make him india PM so that he can release statements about US from there :D:D:D





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  • sumitpendharkar
    06-27 03:38 PM
    I just spoke with a paralegal at Fragomen and she assured even if USCIS issues a bulletin mid-month and retrogresses the dates, they wont be effective until Aug 1. So one could file AOS until July 31. This seems to contradict earlier response to visves's question.





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  • gclove
    12-30 08:31 PM
    If the numbers are re-captured and EB rules little liberalized, assuming each H1b visa holder waiting for status adjustment spends an amount of $250,000 on a house, the total economic activity for 500,000 H1b visa holders will be $125b. This much money will come back to US, because most of us are either investing in our home countries or elsewhere but not in buying a house in the US. So, if this point is brought to the notice of the Congress members, they may take favorable steps to help.





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  • snathan
    01-19 02:00 PM
    Check my post . I withdrawn my post after realizing that it was not amusing to others. What else I could have done other then withdrawing my post ? How do you feel I should react when some one has gone personal ? Just giving lip service will not do good either. Where is the plan ? Did I said in my post anywhere that I will create hurdles for any movement for opposing this memo ? Mind it so many rules like AC21 or working for new employer just after transferring H1b never came out of any immigration forum thread. Gold rush of 2007 was result of Aila efforts . It all came after AILA negotiated with USCIS and I am keeping my eyes there. I am checking most sites because am worried too . Unfortunately people are forcing me to praise and sing for my ex employer which I will never do.Venting against my ex and supporting the memo are two different things.Anyway
    I suggest try to establish contacts with AILA. That's the way to go. Unfortunately that's pointer is missing in this forum.

    I am not sure if AILA really did anything for us in 2007. Logically thinking they are just a business and they care about only their income. They do not need to worry about our welfare. So I dont expect AILA would fight for us.



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  • roseball
    06-28 06:35 PM
    My lawfirm just sent everyone an official memo stating the possibility of retrogression sometime in July and that they are working overtime to get all the cases filed at the earliest...They are saying that there is no guarantee that the 485 application will be accepted if DOS decides to retrogress dates in July....





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  • snram4
    01-18 10:16 AM
    It is true.They were implemented stirctly. But to cheat that many of bodyshoppers are creating fake Paystubs. Getting just payroll expenses and tax from consultant and creating paystubs. How do you prevent that? When good faith effort fails more and more regulations are coming. If our bodyshoppers are honest there would have no regulations like that.

    All your relatives are like you only...just plain dump.:D The salary on bench is already stricly enforced. First they asked for end client verification. Now employer-employee verification. First they should fix the backlog for GC.



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  • pappu
    01-24 12:16 AM
    not just 5 years,
    make it a retrogressed date for coming out of prison for such people. They will understand what retrogression is and will wait endlesslessly for their date of freedom to become current.:)
    stay in jail forever and when the date becomes current ... go back to the home country empty handed to start all over again.

    btw, everyone filing GCs from small companies need to be very careful. Some members are asking about company A or B on the forum these days. You need to directly ask the employer all these questions before joiniing them. Sometimes even after approval of 140 or even till you get the actual GC your application can be denied for GC if:
    - The company is found to be fraud/ involved in any fruad by USCS or DOL
    - the company has excess GC applications and cannot show ability to pay (company profitability per year) for all of them. Small companies typically may be involved in wrongh tax practices by hiding their actual profits. The company may have filed several GC applications and sometimes initial applications may get approved but later can be denied. IN that case USCIS can also deny all previously approved applications.
    - The company is H1B dependent. (more H1Bs . There is a percentage defined by USCIS). Ths will raise red flags in their system.
    - The applicant is related to the owner of the company. This also can be a reason for denial and red flagging of a company for all other applicants.
    - Physical location and legitimacy of the company. In the past some applicants applied through companies in Maine even though they were not working in Maine. This was to get faster LCs before the Perm process started. Sometimes such cases also raises doubts.

    Be careful with every step you take. GC application is very important and you do not want to take such risks and regret later.





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  • newtoearth
    05-02 03:31 PM
    ...



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  • snram4
    01-17 10:32 AM
    This kind of attitude will not help to acheive your goal. If US congress does not pass immigration that favors you may abuse everyone. Before that can you name any single country has such a better immiration policy than USA. You may name Canada and Australia. Canada many immigrants are struggling to survive for years so that is not attractive destination. Everyone knows what happens in Australia. A few violence will be enough to reduce immigration.

    Still USA is best destination for world inspite of ugly recession. So if you want change any inequality or decrimination better fight with facts but not showing frustration. We got complete right to fight any discrimination or inequality both legally and by lobbying. Similarly our opponents also have same right to fight for their arguments. Using abusive words will do more harm than any benefit

    These US born donkeys - Dustbin, Grassley, Sanders, Hira, Matloff, Moira Herbst, Thibodeau, Miano, Kim Berry, Rob Sanchez, Donna Conroy, ... - have US Citizenship (USC) tatooed on their ass.

    Every time you ask them to do something, they flash the USC on their ass.

    It worked a couple of times at welfare. After that, and at all other places, everyone urinates on their USC.

    Janet Napilatano and Hilda Hilda L. Solis Memos cannot stop everyone from unrinating on these thorough bred asses.





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  • snathan
    01-15 04:07 PM
    You are talking about unity of Indian . Just do a survey here and find out how they feel when being interviewed by AN INDIAN ? How Indian help Indian in any office ?I assume that Most of us don't like to see another Indian in USA and accordingly plan my course of action.
    BTW it does not matter what we like or don't like , they will do what they want. Just read how MBBS import program was phased out ?How civil engineer import program were phased out ? We have to accept this realty that one day this H1B program will be stopped .

    I really doubt that you are from losers guild....?



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  • nixstor
    02-14 03:24 PM
    Totally agree. A and B are not mutually exclusive. We need to push for admin fix and in the meantime explore lawsuit possibility WITHOUT using IV name (does not mean IV members cannot participate as individuals in the lawsuit).

    Here is my 2 cents on this

    Lets say the interested muster around plaintiffs and sue USCIS. Also, The court agrees that USCIS did not do its duty. Will the court go to the extent of ruling over INA which clearly says that unused visa numbers cannot be recaptured? Will the courts/judicial system set such a precedent where they will go against law just because the agency failed to implement it correctly? I don't think they will set such a precedent by overruling against the law set up by congress and the President who signed it. By long shot, Can the court recommend congress to fix the situation by changing the law and by allowing recapture? Possibly. Does that help and fix our issue?





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  • chanduv23
    06-28 01:29 PM
    I heard that Fedex is going on strike in Nebraska in the month of July and will end their strike when retro kicks in?

    Did anyone else hear this?? Can anyone post a valid link to this other than

    OH OH OH OH Mathew site link????

    :D :D :D :D :D



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  • leo2606
    09-23 06:00 PM
    nope, I understand, I see valid points in your opposition. I had a similar discussion with one of my friend couple of months back, I did question about how US economy gets boosted by just GC holders buying house.

    But any way otherside I was thinking what's wrong in just trying.


    You are missing the point of the opposition. What is the fairness in this visa category? Every other category has US benefiting (not short term, but in long term) from us, except this proposed category. Do you think paying 20% down will benefit US enough that they drop every thing and grant you the GC??

    Also, how do you define this 20%? A 20% down in CA will get your 5 homes in Alaskan tundra (ok exaggerating, but not by much). This proposal basically comes down to haves and have nots. By expending time on such misguided legislation, you are not only making the immigrants look like cheap opportunistic ****, but also giving enough fodder for the anti-immigrants that we are only looking for our GC without any tangible long term benefit for US (I could pay 20% down, get my GC, and then become a burden on the state).





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  • conchshell
    05-29 03:14 PM
    I guess all the euphoria we had last year because of EB1 spill over is coming to an end. People who play by rule and wait suffer the most, while people who are always on the look to find "innovative ways" get their GC faster. I remember, one of my friend who did a labor substitution got his GC many years before. But at the same time, he took the risk of joining a consulting firm, while I was more inclined to remain under the so called safety net of a big incorporation. I guess the more risk you take, more rewards you get (and sometimes get completely screwed too!!)

    However, we did a nice efforts last year to predict the visa bulletins. There was this guy vdlrao who did an impressive calculation and declared that EB2 will be current in an year. Well, its more than an year and what we have is worst than we had last year. I can only sympathies with EB3 guys, I don't know what to call it .. may be karma in previous birth.

    But my mute point is that we almost always create a false hope for us. First we predicted that EB2 will be current in one year, later on our whole legal immigrant community was nurturing the dream that Mr. Obama will win and his first executive order will be to ship GC's via overnight fedex. We overlooked that even though immigration is looking bad, but reforms in this area is a trailing priority for the new administration. Infighting within EB2/EB3 and various language speaking people is nothing new for us.

    Candidly speaking, neither we have seen any bright idea coming forward from us, nor people are willing to join hands and fight for their natural rights. So coming back to the original point, what's wrong if someone instead of depending on immigration forums, and "ethically" waiting in line, takes a little risk and gets his/her GC faster. Be it a labor substitution, or a guy going back to India and coming back as a Manager in EB1 category. Please remember that as long as its happening under the rules, its neither back door, nor illegal, or unethical.

    My 2 cents.



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  • docp
    06-03 06:04 PM
    this article says and I quote:
    "Mr. Oppenheim stated that immigrant visa applications at U.S. consulates abroad are down seven percent from FY2008. India will use all the visa numbers that are available to its nationals this fiscal year. This is due, in part, to huge increases in the usage of EB4 and EB5 categories. Applicants from India have used twice the number of visas estimated for FY2009"
    now the only category indians could have used up more numbers is EB1, as that is the only category which is current. and this means that india's normal share about 9600 per year, so an extra 9600 EB1 were issued to india, which sounds improbable. this also contradicts what is said in the next paragraph about EB1 usage.
    "Mr. Oppenheim expects that all EB1 visa numbers will be used before the end of FY2009. This may result in the establishment of a cutoff date for the EB1 categories for India and China, beginning in August or September 2009. Usage in the EB1 worldwide category (listed as "all chargeability areas except those listed") is also higher than expected. This may lead to imposition of a cutoff date toward the end of FY2009"
    it can not have gone to EB2 because as Mr. Oppenheimer puts it
    "The EB2 category worldwide is also expected to be over-subscribed and will exhaust all allocated visa numbers before the end of FY2009. To date, Mr. Oppenheim estimates that 3,200 EB2 India visa numbers have been used in FY2009. The high usage in the EB1 category has prevented the usual trickle of visas to the EB2 category"
    so i dont know what he is trying to say when india has used twice the limit in 2009..i would really appreciate any input.
    ALso can somebody please explain this sentence as well
    "He stated that, due to the dramatic increase in employment-based filings visa cutoff dates for FY2010 will be much more limited to ensure that there will be a steady supply of visa numbers available throughout the year"
    However a later report from USCIS says there is a drastic reductionin I 140 apps,
    also just today AILA released that DOL is processing JULY 2008 PERM cases, so where is this demand by increased filings that Mr. Oppenheimer talking about coming from.
    I am totally confused. senior members please analyze





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  • BharatPremi
    12-14 04:01 PM
    To summarize the discussions on this thread:

    Yes, it is 7 % for all countries.

    Now it is manifestly obvious that the 7 % figure is arbitrary, and not fair. That much we can all agree on.

    The real question, as raised in the first post of the thread by soljabhai is:

    (A) Is that constitutional?
    (B) (And this is the real question): If it is, what should we do about it?

    Intelligent questions, both.
    The answer to (A) is not clear. We need a competent constitutional expert to opine on the matter.
    For (B), (which is what the thread is really all about), there are lively discussions with differing views.
    lazycis has presented good evidence that the case is not cut and dried legally. It might be unfair, but those are the laws.
    mbartosik, alterego, me and others have argued (from different angles) in terms of pragmatism. (Cost is not worth the benefit)
    garybanz, soljabhai, and others have argued that it is worth it (Cost is worth the benefit).

    Anyway, agree or disagree, its an interesting thread with interesting posts..

    Addition to this:
    --------------
    - "7% limit" is not discriminative to "Any country" AND "Restrictive" especially
    to the countries from where maximum flow of labor comes.
    - When industry demands high number of labor and in the situation of getting majority of this labor from particular
    countries only ,since the available labor force in other countries does not match the demand for one or other reason,
    then this restriction becomes SENSELESS and useless in all its practical terms and limits.
    - "Country of origin based limit" "smells" (In Mark's language..:))
    discriminative when employment always have to be related with "skill" AND
    THAT IS A ETHICAL OR MORAL PROBLEM



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  • snathan
    01-15 03:16 PM
    Is IV fighting for all of us on this?

    People are just discussing and discussing but nobody is doing anything. Are any lawyers doing anything?

    You step up do something...rather than wasting time.





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  • nandakumar
    05-11 06:41 PM
    Technically I can change my country of citizenship any number of times in my life (cannot, if struck like this GC limbo) or even religion but I cannot change my ethnicity even once because I'm born into it.

    I agree Sri Lanka is a sovereign country but why did India poke its nose on the pre-1971 Pakistan and created a new country Bangladesh. Is there a different standard for different people with the Indian govt policies?

    Even If I had not got the opportunity to come this great nation United States of America, land of free and country of brave, I would have done whatever I could in India to help the beleaguered Sri Lankan Tamils and protested against the policies of Govt of India toward this issue.

    I�m upfront about showing my resentment towards my country of birth and I �don�t show false patriotism/nationalism towards India like other Pseudo-Nationalists, who internally betray India at any moment and ready to change their nationality at the next opportunity but externally portray that they are the guardian of India and it is their soul. I currently live in a country, where even burning the national flag is considered a form of protest, if someone thinks that expressing resentment to India or protesting against her policy is unpatriotic, grow up guys.

    You can say whatever you want and judge me in your point of view, I�m not going to argue about it because you don�t live a life of a Indian Tamil with hands tied of being called a terrorist, when you support Sri Lankan Tamil cause, and you cannot understand the relationship we (Tamils from India) have with the Sri Lankan Tamils, besides the people (including small babies and even some in the womb), who are getting killed in Sri Lanka by the Sri Lankan government are not your kith and kin.

    �.. If you find an issue, work on rectifying it if you have the guts. Don't give dramatic statements like " I too carry the Indian passport with shame" �.

    You don�t know me, and you don�t know what positive things me and my family has done and doing to the people of India, particularly to the farming community and you don�t know what I�m doing to rectifying issues (whatever I�m working on)�..you should be careful when making these kind of statements on person you don�t know anything about except one comment on this thread.


    Eventhough from a humanitarian point of view, I feel UPA should work with Srilankan government to work out peace. However it is not because the people being killed are Tamilians , who speak the same language as people from my neighbouring state.

    I feel sorry for all the civilians who got killed in Iraq, same way.

    Now you can't wait to "relinquish" the citizenship of a country that didn't poke it's nose into the affairs of a different sovereign nation as soon as you get the citizenship of another country that is directly responsible for deaths and horrible conditions of scroes more people.

    The only reason you are carrying a Indian passport is because it suits you for now. The only condition you are willing to ditch that is when you are sure of a better suited passport for you.

    Now express your anger/sympathy or any other emotion but don't pose as if you are doing it for the betterment of world. You put the language people speak over the country one belongs to. Remember the pledge you took during schooling? It said all Indians are my brothers and sisters. If you want to be a world citizen, no issues. People like you are of no use to any country. If you find an issue, work on rectifying it if you have the guts. Don't give dramatic statements like " I too carry the Indian passport with shame"





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  • smisachu
    06-16 02:55 PM
    You cannot compare a recession to retrogression. A recession is a shrinking economy which is a natural correction of supply and demand. Retrogression is an artificial rationing which has no bearing on demand. It is almost un democratic and prejudiced. What they are doing here by imposing caps by country is they are rationing brilliance. Is it our fault that India and China produces more number of PhD�s and engineers than say Kenya or Denmark?
    If you are looking for diversity look for it under family immigration and not under employment based immigration.

    Your analogy of recession works for the H1. As you see in a falling demand environment the demand for H1 visas this year is tepid compared to previous years. There is no excess supply in employment based immigration as all EB immigrants are gainfully employed and hence �Employment Based� immigrants. There certainly are some who have purchased substitute labor certifications and finding loop holes in the law through consulting firms. I doubt that they are a significant part of the population waiting for visa numbers.

    Your attaining green card is luck more than Pluck. Due to random visa allotment last year many people with dates in 2006 were given green cards ignoring people with prior dates. Now do you intend to say that they were more qualified than those with older priority dates? The whole intention of retrogression is not even to weed out the bum applicants, it is just a result of apathy towards a small immigrant population which is politically insignificant. You can argue all you want of the survival of fittest, but the basic fact is if some one has a PhD in physics and has multiple companies offering jobs, he is not going to stand in line meekly to collect his green card after 10 years. He is going to leg it and go to some other country who will welcome him and his intellect with open arms. So the fittest will be gone and only the mediocre will be left.

    The current retrogression is not a way to filter the fittest out; it is just dumb political red tape.


    Why do you have to resort to calling names ? Are ad hominem arguments the best you could come up with ? Let me give you an analogous case wherein people say that a recession is a good thing. Recession occurs in order to cleanse the economy of bohemian excesses and inefficiencies. Do you think that such people are sadists and belong to the mental asylum ? Of course there are people who get affected in a recession. Does it mean it is not desired ? In a similar vein, you need to understand that there were and are huge gaping inefficiencies in the current immigration process. There has to be a way to curb these excesses and inefficiencies. Retrogression may not be the best way but it is the only way utilized right now. If you still believe that I have to subscribe to these inefficiencies despite having gone through the immigration process, I am sorry I beg to differ.





    nixstor
    09-23 02:26 AM
    Asking for exemption from quota will cause this proposal to fail. My suggestion:

    Of the 10,000 available visas per year for EB5, only about 3k to 4k are being used. How about if one buy a house and give a minimum $100,000 cash payment (not credit in US), he will get a temporary greencard from the EB5 visa pool. If after 2 years, the house is occupied and owned by the same person without problems with credit, he will get a permanent GC. This is on top of meeting the requirements of the category he is in.

    Sorry for bringing EB5 in my comments.

    This is just my opinion.

    I hear your pessimism on the exemption from quota. The write up here is an attempt to bring the committees on both sides to the table and let them decide what they want to do with it. The solution quoted here will not be as it is if it were to be drafted by folks on the hill. In normal conditions, exemption from numerical limits is a big issue, but given the surplus of homes, 11.5 month inventory and ever growing foreclosures, rock solid mortgages EB applicants qualify for, might make such exemption possible in a situation that is referred to as once in a century thing.

    20% down payment on sale price is a sign of good borrowing habits in the mortgage industry. Last time when I checked approximately 800 visas were used in EB-5 yearly. Thats a different story.





    sidbee
    02-15 02:44 PM
    I dont understand the whole point of discussion here ... What does the IV Senior Members think about this , The idea of a lawsuit to capture the loss immigrant visas, is not against USCIS, its against the system. Infact the USCIS should be on our side, as per the USCIS Ombudsman, Mr .

    Atleast we should try , discussing and cribbing on the forum wont help.



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