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  • at0474
    12-13 02:15 PM
    "There is no "reservation", the nature of the clause is a cap, it does not give another country a minimum quota, it is written as a restrictive provision. and again- just because it benefits someone else does not make discrimination "right", in the strictest sense. right and wrong when it comes to discrimination are not relative. and if you believe they are, it's mighty slippery slope my friend because it does not take time to find yourself on the other side."

    --You have decided to coin the country cap quota as discrimination. After you take that position, everything you said seem difficult to challenge. Yes, you are absolutely right that "rights and wrongs" are not relative when you are discriminating against someone. You are also spot on that discrimination cannot be justified because it benefits others.




    "you sound suspiciously supportive of the caste system. i will say it again. such a system is wrong. i do not care which side of the fence you are on. was depriving blacks from voting wrong? or was it ok from the white side of the fence? please think before you post."

    --Why bother assuming opponent's position? What system I support doesn't add a jot to what we are discussing here. Depriving blacks from voting and not giving a greencard to you (inline with a bangladeshi) doesn't seem to hold any water. Let alone whites being "ok" with it, when you walk down the street with a bangladeshi, I hardly suspect if they can even identify you by your nationality.


    "please think before you post"

    --Let me try!!Hmmmmm!!! Nah!! IMHO, We cannot call country cap for EB categories as discrimination. Is it reflecting discrepencies in its implementation? Sure...no system works to justify its underlying intent accurately. Nevertheless, an attempt is made. Hence we call it a process. Harping against USCIS that it is plain discrimination is not going to get us anywhere. As times change, they have to change the policies to suit the prevaling circumstances as well. In the long run, if every other immigrant is a bangladeshi, I am sure they will be taken out from the diversity lottery program.





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  • intheyan
    10-19 02:35 PM
    Hi,
    Thanks a lot for reading this Question. Thanks in advance for your valuable suggestion. My friend initially came on H1 visa. Her Husband is the primary applicant for Green Card and she was working on H1 visa without break. Now she is on EAD and joined a job in EAD got 2 months pay stubs( ie 8 weekly pay stubs). After that got 3 months break. Her status now is on I-485 and no more on H1. Note: Her husband was the primary applicant and she applied I-485 through her husband's GC.

    Her husband got the GC card and she is waiting for her's. While her husband received the GC she was working on her EAD.
    Now the question is Will the break in her work on EAD be a problem for getting her GC?.





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  • nixstor
    03-16 03:13 PM
    Unfortunately many companies are trying to woo people ignorant of retrogression and how severe retrogression is using these 2003 EB3 labor. As a matter of fact Nov 2002 EB3 labor might be of no use as well. Previously they used to ask for money, now its just the split.





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  • andy garcia
    02-23 09:51 AM
    whatamidoinghere,
    what is the source of you information.
    Can we maintain a information on such numbers on IV itself so that we have one place to see it.

    Here is the link:
    http://www.flcdatacenter.com/CaseData.aspx



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  • paskal
    12-13 12:00 PM
    --I think, per country quota system was framed with diversification as underlying principle, not discrimination.

    Depending on which country you are from, it may seem like discrimination or fair system upholding diversity.

    If you are from India, you would hate it. There are truckloads of programmers in that country. But if you are the only graduate with programming skills from a country like timbaktoo (?), you would love it. You also got a shot at american dream.

    This EB quota system reminds me of Caste reservation system in India. To some that is fair, to others, it is unfair. Depends on which side of the fence you are.



    if you read the history of immigration this country you will see that such measures are typically taken with restriction in mind not diversity. Diversity is the nice sounding cloak. there is a definite fear that FB will bring in many mexican migrants ( "chain migration") and the country quota holds that back imho. you think it's because of indian programmers? it was made long before those existed. remember we are a minuscule number- don't feel so important- the programmers are about 2% of all immigrants. 11% is all EB, half are families, half again are techies- not all those are programmers. do the math.

    also remember that 50,000 Gc are given a year by lottery for "diversity". as a result more bangladeshis get Gc in a year than indians on EB. so why do we need the country quota in EB again?

    to the person bringing up caste system and fences, here is my proposal.
    i am a physician, i am being held behind hoardes of techies who can easily have PD's much before mine since i am training and working longer and the J1 holds me back. 12 years here and no where in the line...so i should get a fast track too. let's have a cap for the techies...hey it looks great from my side of the fence...i'm sure you will agree that i should be pushed up the line.

    either it's wrong or right. the caste system is wrong, from every side of the fence. it may benefit some and hurt others. but it's wrong, wrong and wrong.
    same for this country quota. sure it helps some, and looks good from "their side of the fence". that does not change the fact that it is wrong.

    none of this is an argument for a legal approach. just responding to stuff here. the "colonizing" comment was really something. have the author been visiting FAIR??





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  • garybanz
    12-13 05:44 PM
    It will be a waste of money. The US does not have to allow any immigration if it chooses so. Do you realize that getting a GC is not a right, but a privelege? It's a matter of grace and no court has jurisdiction to review if government says "no".

    How much money are we talking about here? an hour of a top attorney's time is quite affordable!



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  • crazy_apple
    07-13 05:58 PM
    Byeusa - I read your story and felt like you have written mine. I came to USA in 2000, with a dream...a 25 year old young single guy, having a B.Tech degree from IIT Delhi, full of fire, fighting to do anything. 7 years down the line, only thing that I have earned here is a thick 25 lb bag filled with immigration papers. I avoid even looking at that bag, it makes me feel depressed. My wife, a graduate from IIT, sitting at home on H4 waiting for a day when she will get her work permit. Now I am 33, I am still doing what I was doing at the age of 25. My manager gives me 3 days to finish something and I know I can do it in 3 hours....it has become a physical job, its not a mental job anymore. This is the 3rd time, someone has applied for my green card and I am sure it will never go thoguh.

    Keeping everything in perspective, my wife and I applied for Canadian PR 2 years ago and now we have gotten it. We want to move to Canada, however there are so many things.....daughter, her school, new country, culture...etc. Nevertheless, when I read your story, I felt encouraged and I am going to think harder in this area. I wish you well. God bless you!

    Kumar1 - you cracked me up with your "thick 25 lb bag filled with immigration papers" comment. It is so true. In about 10 years here, I have accumulated a similar bag...for myself and my wife - starting with F1s, H1s, H1 transfers, Passport Copies, LC Copies etc. Hopefully the bag will be a relic in a few years...and we will laugh at it. Just hoping that day comes soon.





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  • go_guy123
    03-19 05:34 PM
    It is easy. www.cic.gc.ca

    BTW, the job situation is not great there. Others can input too


    Yes true. I am planning to do MBA at U of T for 2 years out of the 3
    needed for citizenship. In fact half of U of T Rotman (high rank as per businessweek ) look at US job market after graduation.

    Its good for Finance and Toronto is close to new york area.
    Yes for IT jobs it isnt that good.



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  • bazuka6
    09-25 09:52 AM
    Nixtor, this idea is worth trying. If people who are buyinh house can be exempted from the VB quota, this will free up extra visas and will help those people who will not buy a house.

    Yes... if you have house closing statement and have been here legally and paid taxes(last X years... you are exempt from VISA cap)

    Now that makes sense for a senator looking for a predictable way to solve mortgage crisis





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  • ramus
    07-03 11:01 PM
    http://www.nytimes.com/2007/07/04/us/04visas.html



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  • walking_dude
    02-13 02:21 PM
    To set matters right - all 3 of them will require a change in law. IV is trying to recapture ( pont 2) through Admin fixes, but its not certain. It needs an Exceutive Order from Pres. Bush to happen. Its not 100% certain at this stage that such an EO will be issued.

    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.

    ....





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  • GCard_Dream
    02-12 01:48 PM
    ROW = Rest of the World. It refers to countries other than India, China, Mexico, and I believe Philippines.

    Can anyone explain me..



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  • chanduv23
    02-13 03:44 PM
    Buck up :) We all go through it. I never take it personally. I would definitely be happy if more and more members come forward and help, instead of "missing in action" when needed most.

    We would be really happy if new members come up and take initiatives (i am now keeping my messages positive :) ) , more active members, more strength.

    participation is contigeous, all we need is some self motivators and self starters to kindle the fire.

    As a first step -people can

    (1) Openly pledge support
    (2) Contact their chapter leaders on their willingness to come forward
    (3) Not get influenced by negative vibes
    (4) Work towards reqruiting more volunteers.

    Can we walk the talk?





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  • FinalGC
    07-22 02:21 PM
    I have been following this thread for last couple of days and I feel I need to make few points. I remember when this amway/qucikstar thing started several of my close friends got entangled and tried to involve me. However, every time I bailed myself out by clearly mentioning to them "Right now, making lot of money is not in my top priorities. I want to focus on my carrier." Fortunately, I was able to fend off the proposals and clearly make my point.

    In this thread, several of you are mentioning to ridicule, diminish, embarrass, and even socially out casting an amway/quickstar member. I feel its going a little bit too far. If you dont like to be in the amway/quickstar business stay clear of it, nobody will be able to force you in it. Setting up anti-amway websites, sharing names of the "bugging" amway members, distributing their phone numbers, and destroying their social reputation is harming the person personally, not the amway/quickstar business. We all know by now the amway/quickstar is a scam, majority of its signed members end up losing valuable time and money. How do you feel if some of your mentioned action emotionally push a distressed person off the cliff. Think about it a bit !!!

    Dear Friend:
    The frustration that all these people state is because of the bitter experience most of them had. The whole business model of Amway is created to con people to get into business. When you understand that part.....every person who has some contact with Amway will have some disgust from their past.

    Btw....if you see most of these guys arguing do not have much to do.(including me.:-) ).......this is one masala discussion and everybody is jumping in and passing their time....Nobody is intentionally ridiculing them...all people are trying to say is BEWARE!!! Njoy this discussion and move on buddy...:-)



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  • GoneSouth
    07-11 12:45 PM
    Every time I hear "Canadian taxes are so much higher", I respond back with "really ? how much are you paying a month for health insurance?". I suggest a typical breadwinner with spouse + 2 dependents is probably paying $500 / mo + in health insurance premiums. Add that $6K / yr to your US tax bill, then compare it to your Canadian tax bill. ;)

    - GS





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  • kumjay
    06-27 01:04 PM
    I would love to ask Lou Dobbs the same question!!

    Three facts, followed by one interpretation.

    First: several members (incl self) have checked with their own lawyers and these lawyers tend to agree with the common interpretation of validity for entire month. And at least some of these are lawyers with many years of practice.

    Second: Fragomen, the largest immigration law firm, on its website mentions the mid-month possibility; so while there is no government source, the whole topic cannot be dismissed as an unfounded rumor.

    Third: Macaca keeps cutting and pasting from the ombudsman's report in many different colors.

    My interpretation:
    The mid-month concept seems to be a matter of opinion. Multicolor posts notwithstanding, there's nothing official on this matter so far. (I emailed the state department seeking an answer; not surprisingly, I haven't heard back. If anyone else can get something from the horse's mouth, then post it here. If you can get stuff only from the other end of the horse, then maybe there's isn't much pointing in driving a general panic.)



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  • go_guy123
    07-13 12:36 AM
    I submitted my TOEFL. I think it is enough
    toefl is not recognised only ielts is accepted





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  • vkrishn
    07-21 02:38 PM
    Wow. Nice to see so many Bay area folks with bad experience. When i moved to Folsom, CA from Arizona in 2005 and knew no one at Folsom, I was in a Indian grocery store buying stuff and this guy comes to me and starts talking to me nicely.. At that point i did not know about this Amway Crap and infact stayed at the same apartment complex where i was staying. he invited me for tea and started talking about how to beocme your own boss etc.. Thats about it. I politely told him i am not interested and unfortuantely i gave him phone number at that time just to keep in touch and with the only reason not to be rude. He Kept on calling me 2-3 times in a week over two weeks and had to literally be very blunt and really rude to stop harassing me! Thats the end of it.

    I met a person at Great Mall in the Bay area at Bath and Body works and i did not even give him a sec to start his pleasantires. He had a blank look on his face when i told him that if you are befriending me to join you about Amway, I will go to the Police right now that you are stalking me. He left me immediatly. :)

    One of the complaints i have heard from my other friends that if they go to a new place and try to make friends , the locals think of them as related to Amway and was also rightly pointed in this thread.





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  • mpadapa
    09-23 10:57 AM
    I support this idea.
    Let us not deliberate about the details about the proposal. Let us leave it to the lawmakers to broaden the scope of the proposal. The key is to make the lawmakers aware that the EB immigrants can and are willing to provide a helping hand to improve the current housing crisis.





    dilber
    07-15 07:25 PM
    For first quarter EB2 India will have 1/4 of 9,800(7% of 140k visas), which are 2,450 visas. I wonder
    how u got 800 visas. I dont see much retrogression in EB2 dates other than some mild ones. And the dates move pretty fast on a whole.
    About EB3: it wont be like now all the time. The Immigration reform bill wont keep failing all the time. There would be a time for it to pass in the next two years. As soon as it passes all our Employment Based categories, specifically EB3, will get greatest benefit with PDs almost becoming current.

    Vdlrao:
    First of let me congratulate you. You have been amazingly accurate time and time again about the movement. Do you have some internal sources:rolleyes:
    Jokes aside I think you miss calculated the 2450 visas for the first quarter for the EB2 India. I think the 7% country limit is on a state as a whole including EB1, EB2, EB3, and others. So going by this India gets 9800 visas for a year without any spillovers. The spillovers happen in the final quarter only so for each of the first 3 quarters EB2 will get 28 percent of one fourth of 9800 and the same amount will go to EB1 and EB3 as well. so EB2 I gets 686 visas. But I agree with you that in the last quarter EB2 I will move very fast because it will get all the spillovers from EB1 and EB2 ROW..





    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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