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  • vxg
    06-04 11:44 PM
    Not really the biggest barrier is same or similar job. It is absolutely unfair no not let someone grow into different areas and keep the job exciting. I personally had to pass on so many opportunities even within my own company because of similar job constraint. In fact in many good companies including mine the executives encourage you to get experience in different areas of business before you are considered ready for executive positions and the VP of my division clearly told this to my director that i need to move on to a different job area. In general the AC 21 is risky and if you are waiting for 6-7 years you may not want to take the risk as USCIS make decisions which are unreasonable. AC 21 is also not a law and is subject to interpretation. The deal is that it is completely unfair to not let a person grow professionally and let him or her try different careers. Granted some folks may like to stay in same job area and continue what they are doing and these changes will not impact them but for those who want to try something different every few years this same or similar job rule is a curse.
    This benefit already exists under AC21 (after 180 days of filing). Allowing you to ditch sponsoring employer on the first day of filing I-485 defeats the whole idea of employer sponsorship.





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  • at0474
    12-13 01:23 PM
    "Fairness or not is not the issue. Question is can it be challenged in a court? "

    --I guess fairness is the issue and that is what you are asking for by challenging the court.


    "As an unrelated side note, the current quota system is something that has evolved from past policies some of which was used to restrict citizens of certain countries."

    --To some extent,there is truth to what you said. And it is there prerogative. There could be many geopolitical,societal, economic and national security reasons behind who they restrict and who they allow.





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  • ganguteli
    03-28 12:33 AM
    http://news.rediff.com/column/2009/mar/27/guest-column-tarun-vijay-on-dynasty-and-the-varun-effect.htm
    Those who opposed the Ayodhya temple movement, wore silence over the plight of Kashmiri Hindus, damaged the Ram Sethu [Images] and denied Lord Rama [Images] ever existed, denied the violence at the Godhra railway station, and embraced the butchers of 1984, are collectively gunning at Varun Gandhi's [Images] political life.
    Column after column by Padma Shris in the media have created an atmosphere where supporting Varun has become a sin. Why? The simple reason is that the farmhouse of Gandhi-Nehru politics has been broken and a scion of the family chose to speak out as his conscience directed.

    More than what Varun said or didn't say, it is the hurt and bewilderment over the loss of a Gandhi to the saffron brigade that has made the media and anti-Hindutva politicos react with such venom and acid. He was not heard, not given a chance to present his case, nor did forensic experts examine the so-called proof in the form of a CD containing his speech.

    Varun has suddenly dwarfed the media-supported Rahul.

    Nobody has ever heard a dynasty member to say with understandable assertion that he or she is a Hindu. Rather, they have always tried to look differently at things. They banned Hindu organisations, imposed the Emergency, removed basic human rights, never willingly facilitated the Sikh massacre probe, rewarded hardened criminals, made alliance with those who were convicted for murder or were facing scandalous charges, had the Muslim League join the government after Partition. Yet, they are nice, decent, peace-loving, patriotic democrats who love to tell others: 'Go read the Gita.'

    When Indian soldiers were fighting Pakistani marauders in 1947, we didn't have enough jeeps. So orders were placed with the British company and supply demanded immediately. Our high commissioner in London [Images] V K Krishna Menon, Pandit Nehru's [Images] blue-eyed boy, messed it up. The jeeps reached a year late.

    That was the first scandal in independent India.

    We lost Gilgit, Baltistan and Skardu. We lost Aksai Chin because the government in New Delhi [Images] didn't know the exact boundaries and so no patrolling was being done there.

    In all we have lost 125,000 square km to the Pakistanis and Chinese during Congress rule.

    Plus we had a bad dream called 1962.

    At that time our ordnance factories were making coffee machines as Pandit Nehru openly argued against having a well-equipped large army for defence. 'Who is going to attack us?' he would ask.

    And people still remember the mysterious death of Dr Syama Prasad Mookerjee, who simply wanted Kashmir to be a part of India like Bihar or Bengal and the permit system to enter the valley be abolished. Kashmir had two rulers then, its ruler was called Sadr e Riyasat or 'head of state', and it had a prime minister. Mookerjee's martyrdom compelled the Nehru government to remove the permit system and the two heads of state.

    Then we had the Mundhra scandal, the Nagarwala case, the L N Mishra murder. The Jana Sangh's fast-emerging leader Deendayal Upadhyaya was murdered. A Congress leader canvassed openly against the official Presidential candidate and supported her own choice as independent nominee. The original Congress symbol was a pair of oxen. After the official Congress broke up, they got the hand as a temporary symbol till the case is finally settled. It would never be.

    Opposing Sonia Gandhi's [Images] sudden rise in politics only on the grounds of her foreign origin were leaders like Sharad Pawar [Images] and P A Sangma. Old Congressmen still feel sad that they lost dynamic and promising leaders of substance like Rajesh Pilot, Madhavrao Scindia and Jitendra Prasada, who could have steered the Congress on an entirely different and strong nationalist course. And a veteran like Sitaram Kesri was humiliated no end.

    The only non-dynasty prime minister to run a Congress government for full five years successfully was insulted even in his death and his body-in-state was not allowed to enter the Congress headquarters in New Delhi. An airport in his home state to be named after him was opposed to by Congressmen although the proposal was put forth by an Opposition leader.

    This is how they treat their party leaders not belonging to the family. They amended, abused and twisted the Constitution, put the entire Opposition behind bars for an undisclosed period and were harsh on the unyielding masses.

    Yet, they are the democrats and secular lighthouse of freedom of expression and liberty.

    They kept India backward in such a planned manner that even after 62 years of independence we are yet to have a spacious functional airport in the national capital, 70,000 farmers committed suicide in one year, decorated soldiers returned their medals in protest and a movie on our poverty-stricken 'slum dogs' fetches the Oscar. And they loved illegal infiltrators for the sake of their votes -- and still they say they are the inheritors of a freedom struggle that demanded the ouster of aliens.

    No electoral reforms, no police reforms or strengthening their morale and weapons, the administration is still run the way it functioned during the Sahebs; and despite having won a well-fought war in 1971 we couldn't settle the Kashmir issue or control the jihadi tail-wagger in the neighbourhood.

    Minorities were so well supported in Congress regimes that in the sixth decade after independence they felt a need to provide special crutches for them. Show the 'M' card and get the privilege, became the new secular psalm, further shrinking the space and opportunities for the condemned majority.

    More than anything else they tried to wreck the morale of the assertive Hindus who faced the onslaught of invaders for 12 centuries with unparalleled bravery and with invincible spirit to protect their culture and the fragrance of the land. They deserved to be comforted most after a fractured independence and a massacre that was thrust upon them by a weak Congress leadership. Yet, a large section of Hindus today feel cheated and anguished.

    They form governments in 12 states, prove they can run the country beautifully with a coalition of 25 parties with diametrically opposed ideologies. And one of their Swayamsewaks unfurled the tricolour six times from the ramparts of the Red Fort [Images] as the prime minister, impressed world leaders and the international media with a record of infrastructure-building, communication revolution and women's empowerment, chose a Muslim to be the President and conducted Pokhran II by fooling the CIA's 'eyes', and resisted extraordinary world pressure and sanctions.

    Yet, they are called anti-development, anti-women, even anti-social. In not a single so-called mainstream media outlet are their views published, but every news item is scanned to hurl stones on them through editorialising on the front-page.

    Still, they are the very objective face of our independent media.

    The choicest abuses used by 'decent guarantors of the freedom of expression' columnists and editorial-writers can be collected as a bouquet of India's uncivilised lexicon, yet their films against the very spirit of Hindu nature get widely supported by a regime that survives on Hindu money and votes.

    Their love for development and secularism is so deep that they can send dredgers to destroy a million years of faith and marine life because that was Ram Sethu, but won't dare to touch a six feet by six feet dargah in the middle of the road blocking the highway and causing accidents, for fear of annoying a vote-bank.

    And then they say, they are the future of India.





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  • krisganta
    09-04 10:51 AM
    I agree..admin please delete this thread. This has nothing to do with the immigration issues that we are facing.



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  • immi_twinges
    07-10 11:37 AM
    Its pathetic that people have to start all over again.
    If necessary .. will do and are not afraid.

    But we should bring byeusa story to medias attention.

    Otherwise jerks like Lou Dobbs utter nonsense which make general people believe that Immigrants over stay and become illegals if they do not GC in time:mad:





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  • Desichakit
    07-24 07:09 PM
    VDLRAO Ji,

    Can you throw some light on the points said by Attorney Ron. Is Ron overstating numbers or some thing is missing in calculations



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  • eb3_nepa
    10-23 11:34 AM
    Hello everyone.

    I was wondering if someone could point me to how exactly labor substitution works.

    Before anyone starts jumping down my throat, i am JUST looking for documentation on the full process and I DID try looking on the google.

    If someone has any article on labor substitution and how it works please post it on here.





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  • chanduv23
    07-21 03:31 PM
    After participating and running so many campaigns on IV, it may not be a bad idea to run a campaign to addrss the same

    Just like we successfuly eradicate "SMALLPOX", we can do something like eradicate "AMMWAY MENACE"

    Reqruit volunteers who would act like ammway victims

    Volunteers will collect all information about this ammway guy, his picture (so easy with BB, iphone etc..) , his location , his manners etc....

    Post all their information on a website.

    Have a mobile app wherein one can key in some details about a ammway guy and gets a response back.

    Make a database of al these people - ridicule them openly on the website - circulate the website to all websites so that others see them.

    They will then realise how much they are hated for what they are and what they do.

    At some stage, this menace will stop.



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  • snathan
    09-04 03:13 PM
    Nice point truefacts. If indeed we were able to somehow communicate this system to folks in India it would be great. Let us keep the hopes that this will happen some day. Might be due to desperation or some major calamity but somehow people will realize that this corrupt system is unustainable and needs dramatic repair.
    By the way there is another thread with lists of people who died with a request for prayer!! This is another example of how manipulative personalities not only create a chaotic unsustainable regime while they live but also leave a chaotic system once they die.

    I guess it was sarcastic post by the OP.





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  • hazishak
    02-15 10:48 PM
    I beleive that there should be more representation of people from other countries in desi companies, but when more number of desis apply for jobs. Is it any fault of the company is they are hiring only them?.


    In other words, they dont mind getting screwed by desi company.



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  • ramus
    06-28 08:37 PM
    If USCIS do reject application without notice then we should file a big law suite...AILA will be with us..




    Folks.
    It might be a cruel joke that USCIS plays on us.
    They can do whatever they want.

    For heaven's sake, lets just accept it, and hope for the best.





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  • BharatPremi
    09-24 04:54 PM
    Not sure what you are talking about. There are two rules as follows

    28.6% EB visas for each category EB1/EB2/EB3 and 7.1% for EB4/EB5

    Ans: These numbers are meant for "Assigning Visa numbers to applications" BUT " not to grant Visa / approve 485 / Order Physical Green card"

    7% limit for each country in EB category (India will get 9800 visa in all EB1-5 categories)
    + 2% dependent limit for each country in EB category


    Ans: These numbers are meant for "grant Visa / approve 485 / Order Physical Green card" BUT " not to Assign Visa numbers to applications"

    To enforce the limit each EB subcategory (EB1/EB2/EB3/EB4/EB5) enforces country cap, no more than 2822 visa for India in EB1/EB2/EB3 categories.

    Ans: this concept 0.07X 0.286 - It is a false concept.
    The limit can be extended when there are leftover visas (this is what has extended the limit for EB1/EB2/EB3 India for last few years).

    /\ my answers



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  • justAnotherFile
    07-12 10:15 PM
    byeUSA,

    can you send your story to pratik, as requested on homepage. I think yours is a compelling story and will help others in IV even if you have already made your decision





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  • MYGC2008
    09-23 05:50 PM
    By Looking into Data provided, INDIA EB2 should get more Visa this year.

    Look at the Data for EB2 CHINA
    for 2004 it is 123 and for 2005 it is 4100.

    If the Cutoff Dates does not move for China/India ,How they going to use spillover visas?
    This is really interesting
    Since EB1 is Current and Rest all Eb2(except CHINA/INDIA) are current. This time there will be huge spillover.



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  • srikondoji
    07-03 09:50 PM
    Under the section "Why does it hurt?

    Lawyers who charged upwards of $2000 for filing will not refund the service fee, so candidates have to pay again when dates become current in future.

    The biggest loss is the trust, coz, next time people will not believe these mid month bulletins at all as they can come around anytime and revise the dates. So, applicants will always have to live in fear untill they receive the receipt.


    I am trying an outline for sending to media + lawmakers + ...

    The following is a very rough draft without reading some of the letters posted in the thread. I will read the posts tomorrow and polish it by tomorrow evening. I will need everyone's input since I don't know all the issues.

    Introduction
    Retrogression in GC process.
    What happened

    USCIS announced at the time the forms were due.
    Applicants started filling forms 2-3 weeks before July 2.
    Applicants changed their schedules to submit forms.


    Advantages of EAD + AP
    Don't know all!

    Travel without visa -> saves Embassy overhead.
    Spouse can work.
    Can switch job.

    Why does it hurt

    Medical will not be valid after 1 year.
    Rejected June filers can not file.
    June filers did not file because they thought they will file in July.
    Fees more then doubling
    Name checking (which can take 1+ year) done in parallel with waiting for GC #.
    Load balancing for USCIS.
    USCIS which is supported 90% by application fee needs to care for applicants.
    Very little chance of legislative relief for a looong time.





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  • amoljak
    05-10 04:52 PM
    I partly agree with you. But Employer petition is not the right answer to points based system. A fair way would be to keep employer based system of H1B (with portability) as an entry point in the country and criteria to stay. But allow self petition after say X years (4 maybe) of continuous employment at wages higher than prevailing wages and in your area of expertise. In that case Labor cert can also be eliminated because if you have continuous employment for 4 years, the business definitely needs you.

    So the process can be:
    May 2006: Come here on H1B
    May 2006 - May 2010: Work at wages greater than prevailing wage may be 10% higher
    June 2010 - Submit your W2s, paystubs, Tax returns, Application for Green card
    July 2010 - Get green card and enjoy :)



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  • GC_sufferer
    07-03 09:27 PM
    We should ask Congress to postpone the July 30th fee increase while it studies how USCIS can function year round with the same efficiency that it showed in the last two weeks of June.





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  • eager_immi
    07-12 12:08 PM
    No one is naive to know Canada is not oozing with opportunity. But since people are sick of the US and it's immigration policy Canada is an option for some especially ones who don't care to go back to India. No country is an option for all neither is USA.


    It seems after reading all this that canada maynot be for all aspirants. You need to know somebody already there and should have strong family ties before you land. Or better get a job offer from a company first or acceptance offer from an university if you want to enter as a student.

    Just my thoughts.....

    lotr





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  • Alabaman
    05-10 05:25 PM
    Dont also forget that the points you need to make for the Canadian system is reviewed periodically. It can go up or down based on the need for skilled immigrants. This way they control the numbers.Then, live in Canada as a PR for 3 years and you are citizen. That is what I call a defined PATH. Something you can work towards... it also serve as an incentive for not towing the illegal route!!

    Live responsibly and legally in the United States for 15 years you can still be "kicked out"...employer petition is bondage my friend... There should be an earned path towards AT THE LEAST permanent residency, if not citizenship. Why would most people bother if it is almost impossible to achieve this through a legal path??? Easy solution? FRAUD!





    thakurrajiv
    09-24 08:27 AM
    Well, here�s some more stat : Base on GC allocation of FY 2008 (http://www.travel.state.gov/pdf/FY08-AR-TableV(Part2).pdf ),

    EB1 India got 5,327 visas , EB2 India got 14,818 and EB3 India got 3,576 even though the quota was 2,803 for each preference.

    As an example, I-485 pending for EB2 and EB3 India before 2006 are 17,835 and 46,334 respectively. Everything else being equal, you can take a guess how long it would take based how old the report was. Even if the report is from yesterday to be pessimistic and there are nuances, it gives some approximation unless the interpretation is totally wrong.

    Thanks for posting this. Lets see how visa allocation worked for 2009. Based on 2008, things do not look as rosy. Only 14.8K visas in EB2-I. If perm speed improves then the spill overs will also reduce.
    Surprising South Korea is not in oversubscribed countries. It received 7.2K EB2 visas.
    I thought South Korea should have been retrogressed. Well when do we expect fairness from USCIS ? They seem to follow class system : ROW, china, other over-subscribed, India in this order !!





    Lasantha
    02-12 02:21 PM
    Yes, I wonder too. The new memo with the 180 day rule for FBI name check may create a considerable demand for visa numbers and could slow things down.

    If the current EB3-ROW move is any indication one can rely on, I think you will be current in next month's bulletin. I bet you can't wait.

    I wonder what kind of move we might see for eb3 -row next month.



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