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  • sapota
    02-12 12:54 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.





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  • jonty_11
    07-25 02:14 PM
    I agree with you 100%, this change was made by Congress in attempt to reduce the backlog.

    Think about it in terms of Congress, it was under a lot of pressure from high skilled workers and from companies like Google and Bill gates who argued for more number of visas. No offense to any EB3 category, but we all know, EB2 are the ones which have earned a higher skilled education from this country.

    (Now please don't start any debates on EB2 or EB3, I didn't make any distinctions and it has no relevance.)

    For Congress to somehow act, they made the change in movement of visa numbers, and geared more towards EB1/EB2, to reduce the backlog among EB2 category. This will eventually lead to roll over of visa numbers from EB2 to EB3.

    Advantage? High skilled workers who have attained a Masters degree from
    U.S., now will see a reduce in backlog.

    This recent change in the flow of visa numbers, acknowledges all these problems. We all know, who ever takes over the next presidential elections, will not issue something right away, it will take a few months.

    This change buys time and greatly reduces the backlog among EB2, eventually for Eb3 as well. The new process makes much more sense and I don't think this change will revert to its original movement (back to vertical flow)
    A correction -
    there are many who are not Masters from US but can apply under EB2...i.e. BS + 5 years Experience. (Even those who can prove their International MS degree is Equivalent to US degrees can qualify for MS + 3 years and hence EB2)

    Important point to note is that - It is the Job requirements that makes ur GC application EB2 or EB3 and not your qualification..





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  • soljabhai
    12-14 09:28 AM
    It is not the case that a law cannot be challenged. All the authority of the various government branches (legislative, judicial and executive) is derived from the powers created in the constitution. So even if congress creates a law and president signs it, it can still be challenged if it is found to be contradicting with the constitution from which the government branches derive their authority.

    If that was not the case then "Separate would still have been equal" and we would have still been living in a divided society with whites having different schools, hotels and theaters than everyone else. The Supreme Court ruled that "Separate cannot be equal" and all the laws for separating the different ethnicities immediately became unconstitutional and hence invalid.

    The question is not that whether any law can be challenged but whether this rule regarding per country ceilings can be. Only a constitutional expert can answer that question.





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  • Aah_GC
    07-11 06:10 PM
    Guys.. can one of you please suggest a good Canadian PR processing company? I keep getting mails from cr@protechimmigration.com. Is Protech good?

    Would really appreciate a reply.



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  • vinrobo
    07-21 02:05 PM
    When I moved to Cali about 2 yrs back from the midwest, I saw a guy at a desi store in the bay area who looked very similar to an old school friend whom I have not seen in 14 yrs. I went upto him and started talking to him asking if he was the same guy, He insulted me and avoided me like the plague. In midwest, I have not had any similar exp when I have tried stiking any conversation with a desi, so I was shocked. Then my BIL who had been living in the bay area for a while tole me about amway cons being in huge numbers and the fact that Desis do not trust anyone in the bayarea who appear friendly and the probable reason why this guy behaved the way he did. It is sad that we cannot be friendly to our own countrymen.

    sad indeed. but its not isolated to bay area.





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  • Rb_newsletter
    09-14 07:26 PM
    What are the hopes for individuals who missed Jul 07. In my case my labor got approved in Oct 07 and we are still waiting for the date to be current to be able to file for EAD / AP.

    My dear friend, always you have to be hopeful, and cheerful.
    If you want to build your hope look at people who are waiting with PDs in 2009.

    This is a great thread. I don't know how real are the predictions, but this thread gives a great energy. lots of thanks to OP.



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  • Pineapple
    12-14 05:10 PM
    I can understand your concerns.. and no, I do no resent your comment. I rather welcome a different viewpoint! IV, I emphatically maintain is made up ordinary people, like you and me, regardless of nationality and culture. I'm not a core member, but that, in itself, is the point - there is no top-down hierarchy, no "party line". IV is us. It is the very embodiment of the philosophy, "Of the people, by the people, and for the people" .

    If it were any different, I would not be here.

    That said, let me address your concerns. You (and anyone else) is free to disagree.

    Let us say all country quotas are removed. In that case, yes, you will see a majority of GCs going to people of Indian and Chinese extraction. But to say that the removal of country quota is going to disadvantage people of other countries is a mathematical fallacy.
    Let me explain it this way, using an analogy. Suppose you take part in a lotto game. The prizes (GC) are limited. Say there is only one prize and you have 100 participants. Also, further, let us say 80 are from California and 20 are from Pennsylvania.
    If you play the game several times, you will see that 80 % of the prizes go to people from California.
    But, that does not mean that you will improve your chances of winning if you move from Pennsylvania to California!!
    Your odds are exactly the same - 1 in 100.

    Removing country quotas would have the same consequence: If would actually give everyone a level playing field, and everyone would have the same shot at making the coveted quota of 140,000 EB GCs.

    But when you have quotas, the probabilities are severely distorted. Especially when you have arbitrary quotas. (Why 7 %? Why not 9 %? Why not 5.247 %?).
    In this case, if you are from India or China, you are seriously disadvantaged, while someone from a smaller country gets an unfair advantage. This is not complex political philosophy. It is school boy arithmetic.

    You see what I mean?

    When an Indian or Chinese asks for no country quotas, he/she is not asking for more.. He/she can no more control the wind as control where he/she is born. He/she is just asking to have a fair chance just as anyone else in the world. Why should he/she be penalized for being born in a big country?

    I hope you see what I mean.

    Anyway, the thread is about whether we can make a constitutionality argument in the court. The issue of "fairness" is quite settled as I explained above.

    I know what I am about to say will trigger a lot of reaction and some resentment, but it has to be said on behalf of those who are not Indian. I think the per country limit is to ensure that people of all nationalities and races have an equal opportunity to obtain a green card and to ensure that no one nationality, group, or even sector (i.e. IT) monopolizes the so few visas that are available. In fact, in the visa lottery, countries become excluded when the number of immigrants from them reach a certain point, so we are lucky they do not do that in the Employment-based system!

    I think that by wanting to remove the per country limit so more Indians can avail of the green card quota is both asking for "special treatment" and a slap in the face for all the non-Indian IV members. The more I read the threads on this site, the more I feel that this organization is geared just to one ethnic group. I am sure that Indians probably make up the majority of members, but the founders of IV (I hope) did not want this organization to become one-sided! Please be considerate of ALL members and try to come up with suggestions that would benefit ALL members!!!:mad:





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  • rajsenthil
    09-04 12:12 PM
    He is a religious fanatic. Nothing to do with corruption. PERIOD.

    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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  • soma
    02-13 10:59 PM
    you cannot sue for incompetence, or the courts would be full!

    If thats the case why did 180 day rule for namecheck get through in court?! wasn't that incompetence?





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  • _TrueFacts
    09-04 11:53 AM
    If not today, every one will get GC tomorrow. Members of IMV or not.

    But that shouldn't stop us from visiting this site.

    As for deleting my id and this thread. If it it happens then it emphasizes the fact that IMV is no different than corrupt YSR.

    If you guys(dealsnet, breddy2000) can't make any sensible contribution to this discussion..keep away from it.



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  • unitednations
    02-13 05:41 PM
    In the first three quarter the 'heavy' countries(India/China) would get numbers until the 7% caps hits and in the fourth quarter they would get the big chunck...

    If the law contains a 'continous recapture' provision( anything not used this year get recaptured again immediately for next year...) then it would not be long befor e all categories become current....By the way 'continous recapture' is one of the IV goals...

    Pl. Correct me if I am wrong....

    Now I have really started to appreciate the IV goals listed on the front page.....
    IV core team have gone through all this junk long before we got started and the goals take care of every point raised until now....


    As a business person; I don't agree with country limits. I understand why they are there but I don't think they should be.

    Continuous recapture of unused visas is a good goal. It makes sense and isn't a controversial topic.

    Regarding: Goals - very few people look out for the greater good of everyone. I myself think if I was looking out for the greater good of everyone; I wouldn't focus on EB relief but rather other areas of immigration (greencard holder spouse issue; dream act, undocumented, etc.). Don't jump on me for saying this but I had written in another posting that of all the people who are disadvantaged with immigration; it would appear that eb candidates are the least disadvantaged of all.





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  • Life2Live
    01-15 02:56 PM
    This rule will be disaster for my life, it is leaving me no option other than to go home if H1B not get extended. I have been here in US for last 7 years and own a house, I do have Kids US citizens. I am getting my H1b extenstion year by year since my labour is approved and I-140 is pending.

    It looks like I should stop making mortgage payments immediately and be prepare to go back this year.



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  • mallu
    02-16 01:50 AM
    ......

    When a category becomes "Unavailable" it means that the entire annual supply for that category has been used up for that fiscal year (which ends Sept 2008). Given the degree of the EB-3 ROW retrogression, I very very much doubt there will be ANY spillover from ROW to India. At present, DOS plans to move EB-2 India only if EB-1 India has excess visas. The quota for for EB-1 India is 2803 (including dependents) in any fiscal year. So let us consider some scenarios -- say half the EB-1 India are available, so 1401 are given to EB-2 India -- do I think there are 1401 EB-2 India applicants with dependents ahead of me -- average family size of 2.2 means approx 636 applicants? Yep! No doubt about it! Hell I'm sure that there are 2803 EB-2 India applicants ahead of me.

    ....

    Suppose the admin fix to recapture 'lost' visas is a success. How many will India Eb2 get out of that ? May be 5000 ?
    One really needs to know the number of India Eb2 applicants pending in each year ( of PD ) . If it iturns out , say , there are 25000 I-485 applications with PD up to year 2002, then ?!
    Will a USCIS customer service rep be able to help us with this question :
    "Sir/Madam how many India EB2 applicants are waiting , with PD earlier than mine ? " .





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  • Refugee_New
    02-12 12:43 PM
    EB2 India is screwed again. My wait continues.................



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  • tikka
    07-03 10:22 PM
    Hi Guys,

    Can you please post Media Links on this issue .. (CNN, ... etc) Thanks


    --------------------------------------------------------------------------------

    http://www.wesh.com/money/13616272/detail.html


    http://www.edmontonsun.com/News/Worl...08500-sun.html


    http://www.kswo.com/Global/story.asp?S=6740337


    http://www.onelocalnews.com/howellti...news&id=129492


    http://economictimes.indiatimes.com/...ow/2170349.cms

    http://www.foxnews.com/wires/2007Jul...nCards,00.html





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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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  • krish2005
    01-16 06:18 PM
    http://www.murthy.com/news/n_repatt.html dated March 2006

    I discussed the matter of the Consular section requiring end-user client (http://immigrationvoice.org/forum/#) letters. Many H1B employers and employees, as well as several AILA attorneys, have approached me as well as the Murthy Law Firm, inquiring about this. The matter deals with the fairly recent requests for letters from supervisors of the end-user clients. These requests require the end users to outline the nature of the job to be performed by the H1B visa candidate, provide details of where the candidate will work, the length of the project, and the need for a specific H1B employee by name and other details. Unfortunately, most end-user clients are not willing to comply with such an onerous request. The very reason for the end-user client to hire an outside consulting company is to minimize the burden of administrative or HR responsibilities. Moreover, the law does not require such detailed letters for the issuance of H1B visas.
    �MurthyDotCom
    I respectfully summarized the position of many of you, our clients or those using candidates who apply for the H1B visa at Chennai, as follows.

    End-user clients generally will not issue letters to the consulate, as they do not wish to get involved with the H1B process. The very nature of the employment relationship, when hiring through consulting companies, is to avoid or minimize the work related to hiring candidates.
    Employers who sign the H1B documents do so under penalty of perjury and must pay the required prevailing wage, irrespective of whether they have assignments for the H1B candidates. The employer may decide to send the candidate back to his/her home country if enough assignments cannot be found.
    Legacy INS (now USCIS) raised many similar issues, in the early- to mid-1990s, regarding the length and nature of the projects in the U.S., timetable of assignments, and the H1B employer�s ability to pay the required prevailing wage. Senior Legacy INS officials from headquarters in Washington DC addressed the concerns of those examiners by pointing out that the law does not permit them to investigate a U.S. employer�s ability to hire H1B employees. The USCIS is bound by memos and policy guidance of the Legacy INS. After that memo, Legacy INS stopped issuing lengthy RFEs on these matters.
    The law does not require any such letters by end-user clients for the issuance of the H1B visas to the visa applicants.
    Delays in the issuance of H1B visas cause many of the employers considerable financial (http://immigrationvoice.org/forum/#) loss and postpone the implementation of projects. This results in the additional loss of revenues and credibility with their clients, due to their inability to produce in a timely fashion the required specialty-worker candidates.


    Thanks for the post. Is there such a requirement when there is a renewal of H1B ?





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  • we_can
    09-24 10:16 AM
    Innovative idea, cool. Sent mails to most people in the list. Just one bounced, others went fine.





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  • unitednations
    02-13 03:21 PM
    What about paragraph 5 that I have posted up somewhere ???
    Does that allow the 7% limit to be exceeded or not ?


    That is why we need more supply.....Once supply is more they can go over 7%...


    Originally; I had interpreted the paragraph to mean if the total visas by category i.e, total visas in eb1 are unused then a country can go over 7% limit in that category (horiziontal spillover).

    However; the law is determining total as total visas for all EB categories as a whole. Therefore, there has to be unused visas from the 140,000 for a country to go over 7%.

    The mystery of horizontal verus vertical was plain to see in November 2005 visa bulletin. There is no mystery about it anymore. It is plain to see for everyone. If they want to litigate it; then it is right from the horses mouth on an offical document of how it is done. I would use that note in the bulletin to litigate if you believe your position is correct; ie., horiztonal rather then vertical.





    John333
    07-15 06:40 AM
    Dear Attorney,

    A million thanks for this website. I have a unique problem and I humbly request your expert advice on my situation.

    I am a physical therapist from India who got 221(g) after H1B interview. 221g tells me to take and pass the physical therapy licensing exam before they could issue the visa. I have Visa Screen certificate from CGFNS, educational equivalency report and approval letter to take NPTE exam(licensing exam) from physical therapy state board of Maryland.

    The problem is that, licensing exam is offered only in US mainland and to take the exam they should have given me H1B visa. I even submitted to the consular officer, USCIS memo on H-1B Specialty Occupation Licensure Requirements dated March 21, 2008 regarding 1 year temporary approval, still she gave me 221g.

    One more interesting thing is that 3 of my friends who had the H1B interview with the same set of documents and without licence, with other consular officers on same day, was stamped visa without a question on licence.

    Kindly advice me if there is any way I shall sucessfully appeal on 221(g) and get the H1B visa stamped. Thank you very much in advance and god bless you. With lots of regards,

    John





    hydboy77
    06-04 01:36 PM
    As JSB pointed out what you are asking already exists with an EAD, 180 days after filing 485 you can leave your current employer and join a new company as long as it is a same\semilar job. The problem with this same or semilar job is it is a ticking time bomb, the day USCIS decides to go after EAD they can have a restrictive interpretation of same and semilar job and deny your 485 or they can keep sending you employment verification letter rfe every couple of months. I am not being paranioid, for example even though AC 21 clearly states that once 180 days have passed since the 485 has been applied, the employee can join a new job and even if the previous employer has revoked the approved 140 it should not effect the 485 petition, but USCIS is not following this law and blindly sending 485 denial notices to applicants whose approved i140 was revoked by previous employer. Who knows what sort of abuse will USCIS resort to in the future against EAD.

    To prevent this we should work towards an administrative fix that once the 485 application is pre adjudicated the applicant should be left alone and not issed any Employment verification letter rfe, or semilar\same job restrictions if they are back logged because of country quota and face multiple year wait.

    Instead of Interim GC we should demand that once Labor and I-140 is approved remove the restriction wherein a person has to stay in same job type until GC approved in other words allow the person to take any job while I-485 is pending. This will be a big benefit and logically makes sense. If this happens than GC wait will not pigeon hole people's career in one job and allow them to grow and contribute to economy.



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