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  • aroranuj
    09-23 01:33 PM
    I am already a HOMEOWNER but I think this bill is good for all as those who buy new homes move out of the line & we move quicker. Congress works in strange ways & if the core thinks this is the best way to get around it & including current homeowners will be a dealbreaker I am for it....Lets support what we can get.

    I emailed half the people on the list & will email the other half in the next couple of hours...

    IV CORE: THANK YOU for thinking for every single possible way of getting us out of this rut...you have my full support!!!:)





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  • JA1HIND
    02-13 04:51 PM
    Why should we give big bucks to big names? Instead we can pay 50% to 75% of that to a bunch of fresh law school grads from Harvard or some other top law school and see what they can do?
    This way we would help young talent and also give them a platform to get their name in the front and at the same time we are not under cutting on their fees. Saving money but cutting unnecessary cost is the name of the game.

    Any thoughs or counter arguments?

    I liked your concept of approaching "fresh law school grads" but...
    If we are planning to approach with such a big task which I would think needs lot of experience in the law field and not sure if its worth taking an approach with fresh out of law school grads...I personally feel this experiment of working with fresh law school grads might be risky and I doubt if they even know any in's & out's of USCIS tricks,rules and dramas which they keep changing now & then quite often....

    As always experience counts one would choose to see how much experience they have and in this case if we go with these BRAND NEW.. fresh out of law school grads who may or many not have any winning track records might be not worth it I guess..





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  • gonecrazyonh4
    03-16 12:13 PM
    Many of us are not aware of the extend of labor subtituion and the impact that it has on the visa numbers .

    I personally know a case where 1-140 was filed in 2005, for a Labor which was approved as early as 2000.

    The person was able to get his green card in 6 months time (he has been in US only for 1 year, came to work with the Indian company and joined this new firm just to get his substitute LC) and ate away 2 visa numbers which a genuine GC applicant should have got.

    When there are applicants who are waiting for more than 5-7 years to get their green card and in some cases just to get through the labor certification process , isnt this grossly unfair?

    Advocates support LC substituion as it is just one more avenue for them to make more money. Unscrupulous employers support the LC substituion since it helps them to make money ( as I understand many of these companies sell LC) . Also same LC is used multiple times.

    The losers are genuine GC applicants who are ethical and companies which are ethical.

    As a H4 visa holder my life in this country has been so very limited that even opening a bank account or getting a driving licence is tedious as most people have no clue about H4 Visa-its limitations including absence of SSN and donot acknowledge ITIN number for many of the above purposes.

    We who are hindered by retrogression and the slow processing (actually no processing at all ) happening in the backlog centers should welcome this new legislation for Banning LC substituion.





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  • Circus123
    02-14 01:03 PM
    You are eligible to apply on the first business day of March 2008.( which is 1st ) until the last business day of March 2008 (Monday March 31st)I wouldn't wait for March end if I were you ...



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  • eb3_nepa
    06-28 12:54 PM
    it is fine to fedex on saturday or not..Please let me know. I have to call my lawyer.

    From what i know,your application will not be accepted if it reaches there before July 1st. Since July 1st is a sunday, the earliest you can send it is Monday july 2nd.





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  • HV000
    09-25 12:58 PM
    You also know what I am stating. You already have heard the word"Pre-adjudication" which means "To assign number" based on monthly bulletin based EB table dates and then put a file on shelf to eat dust till USCIS can "approve 485" /"Send Physical greencard" based on Prority date becomes active based on "country specific limit"

    If assigning number is almost equivalent to granting visa in a few days then there should not be hundreds of applicants waiting in "pre-adjudication" queue. We all know that many people have been pre-adjudicated and now they are just waiting for their physical GCs.

    Bharatpremi,

    I don't think pre-adjudicated cases get visa numbers. These cases are just waiting for visa numbers and they get visa number when dates are current. Getting a visa number is same as an approval.



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  • logiclife
    05-10 04:13 PM
    There is a lot of debate going on here, about how Canada and Australia have a better immigration system because they are points-based self-petition systems compared to employer-petition system here in US.

    I believe the employer-petition system is still the best system to implement for immigration. Its complicated, long and provides breeding ground for exploitation. But that is the ONLY way to ensure that the workforce is not oversupplied with labor and the immigrants who can gather points actually have the ability to get jobs.(look at Canada where Ph.Ds who aced the points sytem are inept in real world and drive taxicabs and blame the Canadian Government).

    If I score 100 points out of required 50 or 60 points for Canada, its all meaningless if I am inept and cannot get a job. However, I would contribute to my own well-being and to the workforce and economy if I can find a job and an employer willing to petition, even if I score 25 points out of required 50 or 60.

    US has the best immigration system and I believe the employer petition is the best method for adjudication. However, it has its problems in terms of delays due to bureaucratic inefficiencies and inadequate annual quotas. If Australia, France, Germany are going to adopt the Canadian model of points-based system, its not goint to help them or the ones who go there.





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  • lotsofspace
    12-14 03:44 PM
    The American political system is stands on three pillars; Judiciary, Legislative (Congress), and Executive (President). They have checks and balance on each others. Congress enact bills, president can veto or pass it. Supreme Court is evaluating this passed bill whether it violate the constitute? If it violate the constitute, Supreme Court can be overruled that bill at any time (even if it was passed by Congress and the President).

    Constitute says Non-discrimination based on race, sex, country of origin etc. If some one prove in supreme court that per-country quota for Employment based and Family based immigration is violating the constitutional right, Supreme court can overrule this law of per-country quota. It is worth to take advise of expert attorney.

    This is my 2 cents !!

    BTW , Where is the fourth pillar? :)



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  • sabbygirl99
    03-20 02:37 PM
    The title is pretty self-explanatory. Basically, I want to know whether I can legally continue my GC process in US once I get Canadian PR? What would I have to do? I read the blog from the guy who said he had an address, account in Canada but worked in US. I couldn't tell, though, whether he ended up keeping his Canadian PR...and also - whether he ended up getting the US Green Card in the end?? Appreciate any help!!!





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  • la6470
    01-16 03:10 PM
    How else is a consulting company supposed to work - if they do not send their consultants to client site? Consulting is not always a one month affair - all IT organizations need long term consulting on permanent basis from subject matter experts. Again I know for sure that this is a misguided memo from some folks in USCIS who has no practical understanding of the complexity of modern IT organizations.

    I am posting this again because I want the discussion to focus back on what is really important and not soothe someone's personal ego.



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  • Googler
    02-18 03:58 PM
    I do not understand why out of 205 people who voted yes, nobody has :

    1) Contacted an attorney with his own money if they are so interested?
    2) Nobody has agreed to become a plaintiff except Googler.

    Googler, why don't you lead this effort and become the plaintiff and get a lawyer to start filing a case? You can file a class action lawsuit on behalf of all immigrant community. Once you file the case people will thank you and appreciate your bravery.

    I do not think this lawsuit idea will go anywhere unless someone is willing to risk his greencard for it. Because once you become a plaintiff USCIS will review your case more thoroughly. Plus you need to get your employer on the same page for it. You also need to spend thousands of dollars from your own pocket to take part in your lawsuit.

    Another thing, I do not trust lawyers opinion in this matter unless a lawyer is a litigation lawyer. If a lawfirm is good at filing paperwork and filling applications, they cannot do a class action lawsuit. They may show interest in it for money and publicity. You need to get a litigation lawyer only for it.

    I've said this before but perhaps I'll have to say it many more times till it sinks in
    ... the thinking on this is at a VERY VERY VERY preliminary stage. In real life class action lawsuits, named plaintiffs are chosen based on how well they fit the argument in the case, not the other way round. As I said upthread, all those who want decisions, deals, money etc RIGHT NOW are being pretty unrealistic -- probably just because of unfamiliarity with the progress of cases like this. I know people want to be reassured that there is NO risk of losing, every decision node is mapped out, responsibility assigned, but if that is what anyone is thinking they have to rejigger their thinking. ;-)


    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.

    Internet, if you voted no, why are you so worked up about it? Nobody is about to make you do anything you don't want to do. Carry on with your life, this is not about to impinge you negatively. Why do you care what other people do with their time?

    For people who voted yes, it is worth thinking about what you are willing to do for the effort -- at present, all that is needed is an interest and willingness to read and do some research and THAT IS ALL. Read the two paragraphs I quoted above.

    As far as contacting attorneys and moving the ball forward, it is a time consuming process -- it isn't as though they call you right back with a draft brief and legal arguments. This is not an ordinary paperwork issue. It has after all been a grand total of 6 days since the poll was started on 2-12-08!! ;-)





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  • joshraj
    07-26 01:27 PM
    Question for Lawyer or Senior Members of Forum:


    Dear Sir/Madam,

    I myself is currently in H1B and my wife on H4. We both have EAD and AP which we�re never activated since we had our H1 and H4 and my wife has not started working.

    She should be starting work very soon and hence we would like to renew her EAD and AP. Also as part of her new job she needs to travel oustide US. So the question I had is whether she can travel outside US on her currenty valid AP with the application for renewal of AP/EAD in processing with USCIS.

    Thank You All for Your Help!

    Regards,
    Josh



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  • Macaca
    07-04 08:49 AM
    Chanduv thanks for your efforts. A correction: retrogression started in fall of 2004
    I think its is Oct 1, 2005. Please verify!





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  • TeddyKoochu
    09-15 11:36 AM
    Thanks for this useful info. 05 & 06 approved #s in Q-4 of 08 looks very significant - these alongwith approval of 'multiple filed AOS' will surely reduce wait time for 05-EB2i. Hop[efully before june 05 cases will be done.

    Friends I believe that we are underestimating the cases that have been abandoned due to the bad economy. Individuals having to back, revocations etc. I estimate that we can chop off at least 25% more just by that on top of the existing deductions / reductions. clearing out of the 2006 batch by Sep 2010 looks really very likely.



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  • snathan
    01-15 05:54 PM
    For the past 2 years there were so many RFEs and denials and no body knew what basis. But if they bring a regulation and follow that everybody can prepare ahead and no surprises. It is not a question of making profit. They have to make profit by following law and ethics and not by using loopholes. The regulations will make the companies to follow the rules of the game. If bodyshoppers follow the law and ethics without any fraud they will become reputed companies and the regulations will not destroy them. But their profit may go down but good for everyone. Inspite of insane rules annual cap is reached even unemployment is decade high. I would term protectionist if annual cap is reduced or they make restrictions such that h1b cap usage is so low. In India best persons are available and whatever restrictions they put Indian techies will overcome unless they block it completely. 65k H1b is attached to WTO and no way they can reduce that.

    only consulting companies need to follow the law...? what about infy,wipro, tcs placing L1 consultants at the client location ?





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  • dks
    10-04 08:12 AM
    Desi companies are to blame but not always.

    This is a common practice in big companies. Guess which companies have got the most number of LC's to substitute. It is some of the big software and consulting firms. Myself being a part of one such company have seen a lot of my co-workers use it to get their GC. I will admit though that in big companies it is used after one of the following has happened:

    1> You have been stuck in LC stage for a long time.
    2> The initial original LC got messed up due to lawyer or company negligence.
    3> The I-140 stage got messed up due to lawyer or company negligence.
    4> You are an old employee but did not somehow start your GC process till you only had a year or less remaining on your H-1.


    Unfortunately for me, none of the above has happened so the company will not use LC substitution for me. But it is a common practice.



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  • Kushal
    07-27 05:46 PM
    I think Kushal went to check which 1099 form to fill.... looks like platinum- amway joker told him only the 1st four digits.

    I want some Amway Joker to say that they don't do this kind of cheap and dirty things...... if you make so much money then why bother others.

    Run from who?...you? I will see who runs from who? :)
    Sorry to hear that someone lied to you, and it totally shows that person's integrity. But its nothing to do with Amway. Amway never told them to pick u up and take you to the meeting. It was his wrong decision. Probably they are not in business today either.

    My platinum is US army Airborne division...SERVING his country. You saying something?
    Sounds like you know something he doesn't know. Probably he or I should have checked from you.





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  • neoklaus
    02-15 10:39 AM
    the law does say that the GC numbers expire if unused.
    once expired USCIS has no power to use them.
    you need to study this deeper if you want to consider a challenge.

    ppl voting emotionally, mostly.

    Emotionally I'm pro, logically-contra.
    We have to change subject, lawsuit not for recapturing numbers but against modern days slavery or something...have to think more and consult with lawyers.

    Class action lawsuit- very tricky thing.





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  • Keeme
    05-01 03:50 PM
    Please show solidarity with Pakistani Sikhs too.

    http://timesofindia.indiatimes.com/World/Pakistan/Taliban-seize-Sikh-houses-shops-in-Fata/articleshow/4469796.cms

    The least India can do is to is to offer asylum to all Pakistani Sikhs. Our govt has not shown any inclination for that so far.

    We must ! Have no doubt about it !





    mbawa2574
    02-15 06:49 PM
    No. I can't understand fairshot and equality when major bodyshops from a certain nationality flood the market here with people from that certain nationality, u keep ignoring that and coming back to the stupid suggestion that it's only because u have more talent
    suit urself, anyone who argues with you reasonably, tell them they are wrong and make assumptions about their motives and insult and alienate more members of your organization
    good luck

    Reality is that you don't want to see Indians and Chinese around you. I am sure IV does not need people like you. IV does not promote nationality and we are against all the bad pracitices of the body shoppers but we don't want someone to label Indians and Chinese in this country product of bodyshopping immigration.
    Most of the population are well educated , skilled professionals and labelling them that they are flooding the market is insulting. If you think that you don't have marketable skills and is difficult for you to play due to Indians and Chinese, please feel free not to come back to this website. There are many Anti-Chinese and Anti-India blogs for your agenda. I am not sure whose side you are on and who has planted you here.





    acecupid
    07-17 12:03 PM
    Is it accurate to say that new way of allocating spill over visas effectively acheive same effect as eliminiating country limits?

    I suppose the new way of allocation has similar effect to eliminating country limits within a category i.e. EB1 or EB2 or EB3 but not across the board



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