Saturday 2 July 2011

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  • Pineapple
    12-14 03:37 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..





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  • dealsnet
    09-04 12:26 PM
    If this is true, it is serious. If a donors information is compromised, it is like selling the credit card info the cheats. It is high time to clear bad elements from IV.


    Yup, it is a religious fanatic. Also it must be an insider.
    I am still wondering how the full name of "Jayapaul Reddy Vadicherla" is known.
    One thing is that the Vadicherla is a Donor and must have given all his details while donating. The insider have access to this information and posted it.

    _TrueFact, can you post my full name?





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  • reddymjm
    09-23 01:04 PM
    Thanks for sending.

    send me a PM with addresses that bounced. I will update the list.

    I sent you a PM with the list of email ids.





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  • InTheMoment
    07-15 10:04 PM
    vdlrao,

    True Eb2 will move and would not retrogress taking the new FY as a whole..but it becoming current by next Oct is a bit far fetched.

    Remember in the first quarter of FY07 EB2 was U with all 01, 02, 03, and Jan-Mar 04 (mostly 03 as 01 and 02 were current for long and didn't have many in the labor backlog centers) used all the numbers. With several EB2's issued during the fiasco + 1st and 3rd quarter and into the 4th quarter, we are now slowly seeing everything till Mar 04 cleared up. It took almost a year to have 03 cleared up.

    And you guess is 04-08 would get cleared in another year :p hard to believe!


    I presume EB2 India will be current by next October. Till now for EB2 India there are only 7% of 140K visas. Due to the new change of horizontal fall outs EB2 India exclusively getting about 50k visas, very little share to china. So this change making an availability of additional 50k visas to EB2 India along with regular 9.8k. So total About 60K visas for EB2 India. This includes unused Family Visa Numbers as well.

    And due to the change to Horizontal Fall out of Visa Numbers from Vertical Fall outs, Its not the India which loses but its EB3 ROW.



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  • eb3_nepa
    05-10 05:27 PM
    Thanks for the clarification. Actually what i meant was, we did highlight to the lawmakers at some point that the points based system is better. I know it was never IV's policy to ask for a points based system.

    And yes if the system worked fine, the US is definitely better than aus and canada combined. Money and everything wise. I guess someone on here correctly pointed out that it is the sheer volume of immigrants combined with the fact that there is no real incentive to speed things up. The employer is happy coz there is no need to raise wages and new h1's can always be hired, the immigration attorneys are happy coz they make money due to slowness, the American techie population is happy coz there is no mass influx of tech workers to "drive the wages lower", Anti-immigrant organizations are happy coz once again no mass influx which may lead to "chain migration", the Apartment industry is happy coz if u cant buy u HAVE to rent, and lastly UCSIS/DOL people are happy coz they get more time to review each case. If there is no point to granting you the GC faster why will they? You will pay the same amt of tax b4 and after ur GC. Now in the Canadian system, there is a Fixed Path AND it is QUICK. Both have to go hand in hand. Like one of my friends pointed out, in the US ur spouse cannot work and ur uncertain. In the UK/AUS/Canada, you make less money but we are more secure coz you can both work and we can buy a house etc. Once again this sounds like a broken record, but it is true.





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  • ZeroComplexity
    12-13 07:01 PM
    One possible argument someone can make is , if there isn't a per country limit on H1Bs, why should there be one on GCs?


    We can have a lawsuit saying, cap both visa types or cap none.

    If ever this law suit come before a judge, we can potentially win by creating a list of all the lost oppurtunities, lost time and money etc, basically building a human story around the restriction.

    Other than that, I don't think per country qouta violates the constitution.

    Anyways, I am enjoying this thread, very logical arguments in each reply.



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  • logiclife
    01-23 04:51 PM
    --thanks...edited my comments per your suggestion - logiclife





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  • GCSOON-Ihope
    10-24 11:57 AM
    I 100% agree that selling or buying an LC should be absolutely prohibited.
    However the principle itself makes sense in some cases.
    A few years ago, a friend of mine was endlessly waiting for his LC when a co-worker of his (with an approved LC) suddenly quit to go back to his home country. The company (that was paying all the fees) then used this approved labor so that my friend could get his GC faster. Since that company was fair and honest, he never had to pay a dime for it.
    So, he got his GC a couple years ago and I am still waiting...
    Am I jealous? You bet! Angry? No. My friend took advantage of a legal loophole and, let's not be hypocrite here, who wouldn't have done the same in this particular situation?
    But again, making a business out of those LCs should be 100% illegal.



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  • needhelp!
    09-29 10:34 AM
    Who sent the emails today?





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  • amar123
    07-03 11:49 PM
    http://digg.com/politics/Rep_Lofgren_Issues_Statement_on_Updated_Visa_Bulle tin - 229 DIGS

    http://digg.com/politics/U_S_Withdraws_Offer_of_60_000_Job_Based_Visas_Ange ring_Immigration_Lawyer/who 40 DIGS

    http://digg.com/politics/USCIS_Visa_scandal - 31 DIGS
    Guys, we need to help ourselves, if you are online at 9PM PST, 12AM EST on a holiday eve, then ,least u can do is add ur digg if not a comment!!



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  • radosav
    07-10 05:18 PM
    my 2 cent

    I am applying for Canadian PR this week and will count the days till it gets through. Already getting calls for Vancouver.:D :D :D

    No matter what happens here with this insane GC process, we see our future in Canda.

    So long USA
    :D :D :D





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  • amsgc
    12-13 10:08 PM
    It is surprising to me that some, so called high skilled, folks can be so blinded by their desire to get the green card that they are unable to see right from wrong.

    Never mind the pain of those affected by this inequitable system, or if this is technically legal, or whether it can be challenged in court. Think about what you are condoning – an unjust government policy that presumably works for you, now. By advocating an unfair policy today, in the long run you are undermining your own position as an immigrant in this country.

    You seem to be crying out loud - “I am a high skilled foreigner, but I am different, different from them! Look, look at my color, texture, please look at my passport. Oh no fuck that, please look at my place of birth. Skills? Yes we all have them, but let’s not get distracted. I am different - will you please look at my birth certificate, please?”

    Oh I hear ya. But all said and done, you will still be a foreigner to the average Joe on the street, even after you get your green card or naturalization papers. And if things go south, then those unethical policy makers, whom you give a pass today, will find a way to get you – and yes, that birth certificate will come handy. It is important to be united, and stay united.

    To say that the United States has the right to make any law with respect to immigration doesn’t make an unjust law right. Presumably you are well educated and can understand this. And speaking of education – was it your degree or birth certificate that you took to your job interview that set this process in motion? It is counter intuitive to have such a provision where, to begin with, it is your skills that enabled you to get in line.

    Apart from the resounding racial undertone, this policy is also harmful for the society at large. It encourages people to be conscious about their origins, be aware of their differences and the whole idea of America being a melting pot just goes down the toilet.

    I understand it is difficult for some to fight this unfair system, because first you may have to fight and win against your basic instincts. It is hard for us, but this attitude may make things harder for you in the future.

    Lets stay united and open minded, and fight for a fair system.



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  • nk2006
    10-03 11:41 AM
    Hello Friends and my fellow GC awaiters..
    Is it worth taking the risk and go with the labor substitution?
    The second question/advice I'd like from you is:
    If I go back to the same company after 6 months because of some issue with the labor can I still preserve my 2003 PD?
    1MoreDesi !

    First of all couple of things: (i) As of now there is no exemption for master degree holders (either from US or outside). There are provisions in SKIL bill and CIR but as you might know already they havnt yet passed in the congress and there is no gaurantee if/when they will be passed. (ii) Labor substitution is available now - this can go away or can stay because of large number of comments.

    I can understand your dilemma. I was in a similar situation last year. My new employer "assured" me labor sub. But after a few months they backtracked saying the lawyer thinks that it wont match with my skills etc. and some such technicalities. So be very careful/particular about if your new employer will use substitution for sure. Next thing to consider (actually most important one in ideal circumstances) is which job is in-line with your future plans and which one you like the most. If your present one is very good and you are very happy there - then I think its worth staying and hope for the best in the coming bills. If you think both are of same nature then take the sub (while maintaining a good relations with old employer) and get the greencard early. In my case I left a job that I loved the most and was in line with my future plans - thinking that if I get GC early it will ease my tension and sleep better in nights and hoping that my new employer would do everything they mentioned before joining there. Now they didnt give me the sub (but are applying in PERM) and my previous employer situation is also changed and are in a hiring freeze (taking me back is now considered a new hiring) - so I am feeling stuck and unhappy. I am posting this just so you are aware of possible risks. Hope this helps.





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  • Caliber
    09-04 01:27 PM
    I am not any of these. I bet you guys .. $million

    Go to your postings in this thread and read what you wrote in "Brain Damage". You wanted to distribute sweets??? How do you feel when YS Jagan grabs what you have in your village? You were supporting them so much, why not advice them to return 10,000 acres of land that he grabbed for Brahmani Steels? Jesus Christ killed YSR, otherwise, they would have grabbed all your village. Be happy, Jesus took him away.



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  • syedajmal
    07-14 12:14 PM
    A little Background

    My Situation -
    My Labor (PERM) and I-140 (EB2) was filed and approved thru Company A ( Priority Date May/15/2006). I was laid off from "Company A" with my last day being Fri 3/23/2007 before I could file my 485 thru them. I started working for "Company B" beginning Mon 3/26/2007 for which I have an approved H1.

    Spouse Situation -
    My wife also has her Labor(EB3) and I-140 approved and 485 pending with a priority date Nov/2002. Her 485 receipt date is July/09/2007.

    While I was leaving "Company A" I did let them know about my Green Card processing and they did promise to help me out if there was anything required in the future.

    With the latest movement in dates, I would like to move ahead with the filing of my 485. I do have a couple of questions regarding what will be needed w.r.t my current situation.

    I would like to know you expert opinion/advice on what can be done in this situation so that I can move ahead with my 485.

    Thanks in advance for your time.





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  • jayleno
    07-28 10:41 AM
    I think you are one of the most sane Amway guy I have heard from. Thanks for all the explanation. Now I know I have a problem with BWW and their approach not Amway. Looks like they are good brainbleachers.

    again, i am not with this business now but still think its a good model. it is based on word of mouth advertising, franchising, residual income - everything e-commerce (which is a subject taught at some universities). now add some short sighted people to do the teaching and BINGO.. screwed it up big time.



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  • gbof
    09-15 09:51 AM
    I was among the very first to predict forward movement of EB2 (8 months back when most of the information available suggested no movement). Looking at September approvals i will see there will be very few cases pending from 2002-2004 for EB2 (those pending will be cleared in next few months since PD will stay current).

    My estimate is that

    EB2-India pending applications with PD older than Dec-2004 no more than 2000.
    EB2 India had used 8000-10000 visa in 2009 (5000-7000 in Sept 2009 alone)


    Holding following assumptions we will see more forward movement in coming months and whole of 2010 fiscal year.

    Slow improvement in economy (fewer new applications from EB2-ROW and EB1)
    PERM applications stay stuck (as they are very few approvals in last 12 months)
    CIS is force to allocate visa every quarter (leading to large spill-over)
    Fewer EB3 to EB2 porting


    CIS has prudently processed most old cases (pending for name-checks) and also pre-adjucated most cases filled in 2007-2008. So if they have visa numbers pending we should see big movment in Dec 2009 Visa Bulletin. This movement could cover all EB2-I 2005 cases in next two quarters (by March 2010). How explained below

    EB2 gets 10K visa each quarter (28.6% of 140,000 divide by 4)
    EB1 gets 10K visa each quarter (28.6% of 140,000 divide by 4)

    Assuming 3k spillover from (EB1/EB4/EB5 to EB2) => EB2 will get 13K visa
    EB2 ROW uses 7K (700 India, 700 China, +5k others) - there are 6K visa to allocated by Dec 2009 and 12K by March 2010 which will be given to EB2-India.

    BEC LCA applicants in 2005 estimate (EB2 India) = 2000 => 4400
    PERM applicants in 2005 (7276 of this 40% are Indian and 60% from EB2 ) -> 1750 LCA
    1100 LCA => 3850 GC

    Total pending I-485 in 2005 (EB2 India) ~ 8000

    This would mean PD will cross 2005 in next 2 quarters. I have pesimetic estimates so it will not surprise me it the dates move more rapidly.

    I know a lot many people filed duplicate AOS (like one spouse primary and the other derivative on each other petition). Now after approval of one, have to withdraw 2nd petition. This will further reduce the pending AOS numbers and will help moving the dates forward...





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  • whitecollarslave
    02-12 01:11 PM
    http://blogs.ilw.com/gregsiskind/2008/02/house-dems-to-p.html

    Good strategy. Need to make sure all EB provisions are still intact in these reforms targetted for spring & Summer of this year.

    How can we find out if EB provisions are there?





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  • nomi
    09-29 11:27 AM
    Yes, it is. I used it when I went to get my Canadian PR validated in June this year. Are you flying or driving? Make sure you do not surrender your I-94.
    Take a letter from your employer and recent paystubs just in case. (They didn't ask for them but take them anyway).
    I assume you know all the conditions?


    Thanks for your reply. Which I-94 I have to show or use. I have two of them now. One expire with my visa date on 08-30-06 and other of attached with my H1 B extension valid from 8-31-06 to 8-30-09.

    Does immigration officer know about this rule at port of entry ??

    Should I drive or fly ..which one will be more easy while using this rule ?





    grupak
    02-13 12:24 PM
    For those who do not see the unfairness because of country of origin, here is a scenario:

    Your colleague and friend work in the same company as you, have similar qualification. Both of you apply for the GC around the same time, you get it years maybe decade sooner and can move onto a higher position, maybe better job. Your friend is still stuck at the same position even though he has been a good worker and should have been promoted in an ideal situation.

    We are here not because of our country of origin but because of our employment. So, lets not get into 'us' and 'them'. We are all skilled-employees, and that's what IV represents.

    A system that holds back employees for years because of country of origin instead of job performance is clearly broken. IV is fighting to fix it.

    (1) Increasing the visa numbers and (2) removing/increasing cap is only the solution.





    rkm
    04-28 09:36 PM
    Good News ...

    04/28/2007: Labor Certification Substitution Elimination Final Rule Approved by OMB 04/27/2007

    The OMB approved this final rule. As soon as this rule is released, all those certified labor certification cases which have yet to be filed for substitution I-140 will be no good for substitution.



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