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  • waiting4gc
    02-13 02:12 PM
    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.

    Will you stop supporting IV which is trying to improve ALL legal immigrants prospects of getting a green card because one item on their agenda MAY DO more harm to you than good is your prerogative.

    However, IMHO saying that 3 hurts you and hence you will not support IV is the same as those people who in July were crying because everyone was getting to file 485s and hence would lengthen the GC processing queue. I was in fact not benefiting too much from that but I supported it since having been in the queue for long enough I know how painful it is.

    Like lot of other people on this forum said, try to rise above what is GOOD FOR ME and I will only support IV if it does ONLY that. Someday there might be a law that affects you more than the majority and you will need the all legal immigrants voice to help you out.

    Is the cumulative effect of all three measures good for me (reduced wait time, or no change in wait time), or bad for me (increased wait time.)?

    I read this, and I was referring to this:



    So, does recapture and the increase in quota and the removal of the country limits, result in a greater wait time for me, as the comment above seems to imply. It would, if the recapture and the increase are not large enough to offset the effects of the removal of the per-country limit on ROW.

    Coz if it does, then I don't have an incentive to support your goals, do I?





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  • okuzmin
    05-25 12:43 PM
    If you have canadian PR, can't you work in US or do you still need a working visa to work in the US?

    Thank you.

    When you have a Canadian PR, you're still a citizen of your native country. Therefore, you can't get TN status (NAFTA) to enter the USA and work here as a Canadian citizen. However, my Russian friend (he is a Canadian PR, about to apply for citizenship) got a 10-year US business visa (B-1) and can enter the USA at any time. When you're a landed immigrant in Canada, US consulates start treating you very different.





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  • srinivasj
    07-27 04:50 PM
    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.

    well the only way Ponzi schemes work is with new members/new money coming in ..just like madoff scam...





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  • shreekhand
    09-15 11:55 AM
    vdlrao,

    Are you 100% sure that the data for calendar year 2005 includes the traditional labor certifications as well ? I did not see any in the txt file given on the DoL website for FY 2005.

    Remember missing those out could mean missing huge numbers, I know several who filed from Jan 01, 2005 to just before PERM came into the picture in late March 2005.

    Year, TOT_LBRS, Certified, LBR_INDIA PD_>_10/1/2001
    2000 074048 70204 ????? 0
    2001 082139 77921 ????? 0
    2002 089168 79784 ????? 7873
    2003 095299 62912 ????? 25956
    2004 098866 43582 ????? 26569
    2005 014253 06133 01350 6133
    2006 105960 79782 22298 79782
    2007 098753 85112 24573 85112
    2008 061997 21092 07198 21092
    Total 720483 526522 55419 252517



    http://immigrationvoice.org/forum/forum2-retrogression-priority-dates-and-visa-bulletins/23813-perm-labor-data-analysis.html


    In 2005 there are a total of 01350 labors certified only for India.
    In 2006 there are a total of 22298 labors certified only for India.

    The other important thing here to note down is there are many outsourcing companies out there filed/filing GCs for their so called managers in EB1 category.



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  • sroyc
    02-12 08:44 PM
    I don't think Abhijit chose the right analogy, so your response to that makes sense.

    India and China are not sending multiple skilled-immigrant teams to the US. They have come here on their own either to work or study and they are being hired by American companies on the basis of merit, same as everyone else.

    Other than the fact that there is a large talent pool of high-tech workers in India and China, there's nothing that stops them for hiring more skilled immigrants from other countries.

    If the US truly believes in a quota system for employment based immigration, it should reflect in the workforce first. Enforce the quota system while issuing F1/H1 visas. Then you will also ensure true diversity (only among immigrants) in the workforce.

    What you have is two classes of immigrant workers in the same company - those who belong to retrogressed categories and those who are not, with similar qualifications and with similar roles. The difference is that in a few years, the workers who get the green card sooner will have the ability to pursue other opportunities while the other class of workers grind away. With the current scenario, a future colleague from a ROW country can join 6-8 years after me and still get the green card ahead of me. How can you say that it is not discrimination?

    If you remove the per country quota, the ROW candidates might have to wait for 3 years instead of 1, but the Indian/Chinese candidates will have to wait for 3 years instead of 8-10. I don't think removing the per country quota will harm ROW folks as much as it'll benefit Indians and Chinese AND it'll ensure fairness.

    Per country limit applies to every country in exactly the same way. It doesn't discriminate between Chad or China. So, how is it discrimination? And think about it- in Olympics soccer/basketball every country can send only one team. Should China and India be allowed to send more teams since they have a larger population? We should try to increase the number of GCs.





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  • samay
    07-28 09:13 PM
    Dear Sir,

    This is my situation

    1. Applied for H1B Extension on Jul-10-2007
    2. Got RFE on Mar-2008 and replied to RFE on Apr-2008
    RFE: 1. client contract 2. last 2 yrs my tax return
    3. After Reply to RFE no news from USCIS
    4. Applied for Premium processing on Jul-14-2008
    5. I485 Pending and having EAD/AP for my family and Jul-09-2008 applied for EAD Renewal

    My Questions:
    1. Since my H1B expired on Jul-14 What is my status? Can I work till I get my H1B approval?.



    2. How can I expedite the H1B Process ? (already upgraded to PP)
    3. If I get approval , do I need to go back to home country to get stamping?

    Thanks for your time and help.

    Regards,
    watgc

    You should have got a response from USCIS by now or by tomorrow latest. If not then they will have to refund your fee. Once you get approved, when you travel outside of US you will have to get your H-1 B visa -either in your home country or Mexico or Canada.



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  • alex77
    08-18 01:50 PM
    Excellent observation. You deserve a green!

    Bollywood should first pay taxes, none of these icons, pay taxes legimately in India, remember them dancing in the partys of mafia, which is tied to terrorists, I think the agent did a great job in nabbing this guy. The VVIP mentality should end in India. Stupid illeterate politicians are over playing this, Ambika Soni should do what she is supossed to do in her office.





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  • BharatPremi
    07-26 04:09 PM
    I don't think there is any need to love any country, its just a place like any other. Within no time India has been divided into 3 countries (4 if you count Kashmir). The only important thing is to quickly migrate to the place you like most, everything else is a waste of time.

    Let me challenge you on the basis of what you wrote here.

    1) You wrote: The only important thing is to quickly migrate to the place you
    like most, everything else is a waste of time.

    Good Enough. No argument.

    2) You wrote: I don't think there is any need to love any country, its just a
    place like any other.

    Here I may not have a problem but Americans will surely have problem.
    They want such people from outside countries who are ready to be loyal
    to USA and ready to love USA as their future country.

    Upon identifying your IP Address and then Physical Address USA can ceratinly decide not to consider you as a candidate of Permanent Residency as you are challenging the base of this constitutional requirement for making you a permanent resident. :D What will you do then if USA gives you thumbs down?:rolleyes: :(



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  • BharatPremi
    12-14 04:01 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..

    Addition to this:
    --------------
    - "7% limit" is not discriminative to "Any country" AND "Restrictive" especially
    to the countries from where maximum flow of labor comes.
    - When industry demands high number of labor and in the situation of getting majority of this labor from particular
    countries only ,since the available labor force in other countries does not match the demand for one or other reason,
    then this restriction becomes SENSELESS and useless in all its practical terms and limits.
    - "Country of origin based limit" "smells" (In Mark's language..:))
    discriminative when employment always have to be related with "skill" AND
    THAT IS A ETHICAL OR MORAL PROBLEM





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  • Macaca
    07-04 11:13 AM
    "Immigration scandal goes unnoticed"
    or "USCIS drama and tantrum to lessen workload"
    or "Is this legal?"
    or "Resignations due at USCIS"
    or "Foul Play synonym USCIS Play"
    Need more titles!

    Most persons don't know what USCIS is. I did not know about USCIS/DOS/DOL... until after 1 year in retrogression!



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  • acecupid
    08-15 10:01 AM
    Btw, why is colin powell an american problem ?





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  • eb2_mumbai
    09-28 10:48 AM
    I have a few questions of guru's on this forum.

    What made USCIS change the rules of spill over from EB3 to EB2. We all know that rules changed in 2007 but I am not sure what prompted USCIS to make the change was it AILA or IV or just internal USCIS review?

    The reason I ask this question is when I was looking at the EB3 thread there were lots of people especially with PD between 2001 & 2004 who feel they can start a campaign to revert this spill over decision to pre 2007 criteria. I am neither opposing them nor supporting them but I want to understand the reasons the changes were made.

    At this moment I feel their appeal is more at emotional level rather than having a sound resoning. Its like we are waiting since 8 years so please assign us these spillover numbers. But I do not feel that will cut ice with CIS. We need to work for visa recapture but till this spilover thing is put to rest no one will concentrate on recapture



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  • okuzmin
    07-11 07:48 PM
    Another option for future Canadian PR's: you can get a business visa to come to the USA. US consulates give such visas much easier to Canadian PR's rather than to just a citizen of India, China, Russia, etc.

    Yet another option: get a job with a Canadian company that has an office in your native country. You can get a transfer to that office and work in your homeland (or travel back and forth) while still accumulating days/months/years to qualify for Canadian citizenship.





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  • chanduv23
    07-04 08:36 AM
    Macaca, pappu and gang - can we compile a funny animation cartoon with a message in flash and upload it on youtube?

    I have flash on my laptop, if someone can give me the material, I can compile a slideshow ???? Any thoughts??



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  • whatamidoinghere
    02-22 04:26 AM
    Looks like lot of data is available for us to crunch on:

    Labor certifications from 2000 to 2006
    http://www.flcdatacenter.com/CasePerm.aspx

    H1Bs issued from 2002 to 2006
    http://www.flcdatacenter.com/CaseH1B.aspx

    Hopefully using this data we can get some rough prediction on cutoff date movement. I'm going to spend the coming weekend on this.





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  • visves
    06-26 09:27 PM
    I did clarify this with a Fragomen attorney and as per them though dates could technically be moved back in the middle of the month, this most likely may not happen in July and also maybe August since this depends on the number of approvals and not on the number of applications received. Even if there are tons of applications received, unless there are enough approvals happening simultaneously, dates would not retrogress in the middle of the month.

    Ok, if the Fragomen page is the source of this rumor: can someone who is a Fragomen client ask their attorney about what's going on here. That might help clarify things a bit. (Given that they are the largest immigration law firm, there's bound to be many IV members for whom Fragomen is preparing documents.)



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  • gc_on_demand
    09-24 12:24 PM
    This analysis is really excellent, how far do you foresee the EB2-I date going this year. Is there any hope for new people to file 485 this year? People who missed Jul 07 have waited long and can wait till next Sep in the hope that we will be able to file 485 this year.

    Spill will be around 30k for Eb2 and that will clear till mid 2006. by Sep 2010. In Sep 2011 you should be able to file for 485.

    there is no law that says to move date to accept new applications. If DOS makes date current and people have all data visible now will take USCIS to court for not approving cases. What I have learnt that USCIS is considering publishing rule ( Via Rule making process ) in dec 2009 to halt concurrent filling for I 140 and 485 and give chance to pre register for 485. so in Spiring of 2010 we may be able to pre file 485. which may / may not give benefit of AC 21 . EAD is always admin job so they can give out EAD and AP along with pre filling.





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  • ss1026
    04-20 11:50 PM
    You said (Today in India Hindus&others are 70%,Muslims 20%, Christians 10%)

    I countered that this is a standard ring wing propanga. Minorities are not 30% of india as you claim but about 15%. I checked wikipedia at http://en.wikipedia.org/wiki/India and CIA at https://www.cia.gov/library/publications/the-world-factbook/geos/in.html. Offcourse, per you, everybody has a plan against Hindus and wikipedia and CIA are in on it.

    No don't' answer me get yourself the answer.You go check your stats.

    That's why I say read everything I write
    Easy. You are not teaching in the RSS classroom so you need to be logical, not vocal.

    I'm very well aware about how good the official stats are.I'm aware of the tricks wherein a minority family of 15 says they are just 4

    Crap, you are in on the minorities plan. You are something...or just plan Racist. And since you seem to like stats, if 15 minorities are counted as only 4 in the census that would change the current muslim proportion from 13.5% to about 50%. Easy, don't loose sleep, it is just your lies and racist views.

    As for everyone having some secret plan, that was sarcasm, not desperation

    When India shines with the efforts of sensible people you shine too(only to come to US and talk about 'fear and hatred crap')
    If India sinks because of your illiterate tactics, know this, you may be fine but there will scores of people from all religions in not so good situation as the selfish breed like you would be in.
    Get over the thought that you represent India. Your hegemonous, racist view is a vocal but small and unfortunate part of the Great fiber of India.

    PS: Who is the one shooting crap to see what sticks and who is desperate. I never wrote one line supporting congress/TDP/BJD but lets see how far you go to discredit someone

    There was something about Opus Dei,KGB thing mentioned in connection with Sonia in some articles.

    I tried to find out why Sonia is in Russia but almost all the papers were excited about the reliance plane(could it be Anil's or Mukhesh's) but didn't say anything about Russia visit.I moved on and still don't what was it about though hoping it was something good for country and not revival of KGB connection(When U.S.S.R collapsed it was made public from KGB archive that Rajiv/Sonia were constant recipients of KGB money.?,it's anybody's guess

    Her birth certificate says she was born in Turin but she told parliament that she was born in Orbassano. And that is bad because ....... Oh well





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  • gc_chahiye
    06-28 07:14 PM
    My lawfirm just sent everyone an official memo stating the possibility of retrogression sometime in July and that they are working overtime to get all the cases filed at the earliest...They are saying that there is no guarantee that the 485 application will be accepted if DOS decides to retrogress dates in July....

    can you name this firm please?

    Also, anyone using Murthy/rajiv Khanna might want to ping them and get their thoughts on this. Dont know if it matters, consensus now is that dates can go back mid-month and USCIS can also stop accepting applications.





    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.





    vparam
    01-23 05:16 PM
    http://news.mainetoday.com/updates/008785.html



    Our message to Narendra "Nick" Mandalapa : Enjoy prison. Maybe on the inside, you can sell contraband items just like on the outside you sold approved labor certs.

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

    Like someone said on the news article thread, the only difference between this guy and other desi companies (Desi means "of Indian origin") is that this guy got caught, while hundreds of other companies still sell approved labor certs with earlier priority dates.

    And all this illegal trade is much to the delight of AILA, who is pushing hard to keep labor substitution alive.

    What's in it for AILA? : Additional business of labor substitution. Now, for a few extra pennies, AILA would not hesitate to screw thousands of GC applicants waiting in line and enable the "Cutting in line" that happens due to labor substitution.

    So if you think AILA is a friend of immigrants (legal or illegal), think again. Its a friend of $$$. And there is nothing wrong with that. Everyone pursues self-interest. That is what AILA is doing. But dont misunderstand AILA as a champion of immigrants (legal or illegal). It represents immigration lawyers, not immigrants. On a rare occassion, the interests overlap, and that's good. But on many issues, AILA has a history of being very very employer friendly as far as immigration law is concerned, even if it comes at the cost of employees(immigrants).
    Logiclife -
    I would not say substitution of labor is totally wrong. I left my previous company after having waited for a labor over 2 years and helped find a suitable candidate, who also had the same level of education and experiance and was an exact replacement for me (Sr.Program Manager -designation). My (old) company which is fortune 100 company was not ware of this substitution business till i told them they should use it when they spent money filing it for me and i am not using it. while consulting companies also use it when the original person left and they have someone else to fill in that role..

    The concept becomes wrong when it sold and not really used for a replacement and i think those guys have to be identified like Narendra Mandalapa and punished.



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