chanduv23
02-13 12:01 PM
Chanduv,
I know in the past many times it was debated -- why people do not support? Let me put forth what I feel.
Effort put by IV is very commendable. But the beneficiary of IV work (mostly) do not give importance to Green Card. That is what I think based on talking to multiple people and that is what we see from the % participation of people for various fruitful effort put forth by IV. Most of them say they do not care if they get GC or not. In their heart of heart they may but not too much.
Other reason I can think of is -- There could be doubt in minds of many people of IV strength. The day IV gets some success, people will rally behind IV for a while. And that is the scenario outside world too. See the stock price. If the company is doing good, stock price goes up. The day one bad news comes, stocks falls down. Take the presidential election. You can very well make out that contribution by company or people is proportional to candidate wins. If you are loosing, contribution will dry out very fast. I am not saying that candidate will not have supporter but that would be less in number. Take N.T. Rama Rao case. The day Naidu ditched him and others followed him, no officials gave importance to NTR.
Believe me, in my office or outside, I have talked to every Indian. And not one comes back n discusses with me about IV.
I strongly feel IV is doing a commendable job with some dedicated contributors.
Thanks for all your wonderful help to the community - people like you inspire others.
Please do not misunderstand my response to your earlier post, I was in no way pointing fingers at you but was trying to clear common misconception that IV must not be looked at like a software company doing good or bad at shares.
Once again, I respect people's space - it will be great if all of us come together and make this a success
I know in the past many times it was debated -- why people do not support? Let me put forth what I feel.
Effort put by IV is very commendable. But the beneficiary of IV work (mostly) do not give importance to Green Card. That is what I think based on talking to multiple people and that is what we see from the % participation of people for various fruitful effort put forth by IV. Most of them say they do not care if they get GC or not. In their heart of heart they may but not too much.
Other reason I can think of is -- There could be doubt in minds of many people of IV strength. The day IV gets some success, people will rally behind IV for a while. And that is the scenario outside world too. See the stock price. If the company is doing good, stock price goes up. The day one bad news comes, stocks falls down. Take the presidential election. You can very well make out that contribution by company or people is proportional to candidate wins. If you are loosing, contribution will dry out very fast. I am not saying that candidate will not have supporter but that would be less in number. Take N.T. Rama Rao case. The day Naidu ditched him and others followed him, no officials gave importance to NTR.
Believe me, in my office or outside, I have talked to every Indian. And not one comes back n discusses with me about IV.
I strongly feel IV is doing a commendable job with some dedicated contributors.
Thanks for all your wonderful help to the community - people like you inspire others.
Please do not misunderstand my response to your earlier post, I was in no way pointing fingers at you but was trying to clear common misconception that IV must not be looked at like a software company doing good or bad at shares.
Once again, I respect people's space - it will be great if all of us come together and make this a success
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minimalist
05-12 09:55 AM
You can paint it with any emotion but it still is the fact.
It is no diferent from the wat India dealt with extremism in Punjab.Until KPSGill stepped in,it kept raging. It is same as the way India trying to deal with Kashmir.
I am a non-immigrant in USA,sure. If I try to demand and bear arms to get a separate country here,definitely my life will be in danger.Should I expect India to come to my rescue?
Being a NRI in US, your conclusion is it is a SL issue, not a India issue. This is because you enjoy freedom, safety and opportunity in USA, even though you are just a non-immigrant in USA. Hope it will continue. If your job, safety, security, life becomes danger here, then do not get help from India or Indian consulate in USA; because it is a "US issue" as per your logic.
It is no diferent from the wat India dealt with extremism in Punjab.Until KPSGill stepped in,it kept raging. It is same as the way India trying to deal with Kashmir.
I am a non-immigrant in USA,sure. If I try to demand and bear arms to get a separate country here,definitely my life will be in danger.Should I expect India to come to my rescue?
Being a NRI in US, your conclusion is it is a SL issue, not a India issue. This is because you enjoy freedom, safety and opportunity in USA, even though you are just a non-immigrant in USA. Hope it will continue. If your job, safety, security, life becomes danger here, then do not get help from India or Indian consulate in USA; because it is a "US issue" as per your logic.
another one
12-13 02:00 PM
Since SC has already decided on the matter, does this rest this discussion?
Here is what the Supreme Court said:
http://supreme.justia.com/us/426/67/case.html
"The fact that all persons, aliens and citizens alike, are protected by the Due Process Clause does not lead to the further conclusion that all aliens are entitled to enjoy all the advantages of citizenship or, indeed, to the conclusion that all aliens must be placed in a single homogeneous legal classification. For a host of constitutional and statutory provisions rest on the premise that a legitimate distinction between citizens and aliens may justify attributes and benefits for one class not accorded to the other; and the class of aliens is itself a heterogeneous multitude of persons with a wide-ranging variety of ties to this country.
In the exercise of its broad power over naturalization and immigration, Congress regularly makes rules that would be unacceptable if applied to citizens. The exclusion of aliens and the reservation of the power to deport have no permissible counterpart in the Federal Government's power to regulate the conduct of its own citizenry. The fact that an Act of Congress treats aliens differently from citizens does not in itself imply that such disparate treatment is "invidious."
...
The real question presented by this case is not whether discrimination between citizens and aliens is permissible; rather, it is whether the statutory discrimination within the class of aliens - allowing benefits to some aliens but not to others - is permissible."
The SC concluded that the statutory discrimination within the class of aliens is permissible.
Here is what the Supreme Court said:
http://supreme.justia.com/us/426/67/case.html
"The fact that all persons, aliens and citizens alike, are protected by the Due Process Clause does not lead to the further conclusion that all aliens are entitled to enjoy all the advantages of citizenship or, indeed, to the conclusion that all aliens must be placed in a single homogeneous legal classification. For a host of constitutional and statutory provisions rest on the premise that a legitimate distinction between citizens and aliens may justify attributes and benefits for one class not accorded to the other; and the class of aliens is itself a heterogeneous multitude of persons with a wide-ranging variety of ties to this country.
In the exercise of its broad power over naturalization and immigration, Congress regularly makes rules that would be unacceptable if applied to citizens. The exclusion of aliens and the reservation of the power to deport have no permissible counterpart in the Federal Government's power to regulate the conduct of its own citizenry. The fact that an Act of Congress treats aliens differently from citizens does not in itself imply that such disparate treatment is "invidious."
...
The real question presented by this case is not whether discrimination between citizens and aliens is permissible; rather, it is whether the statutory discrimination within the class of aliens - allowing benefits to some aliens but not to others - is permissible."
The SC concluded that the statutory discrimination within the class of aliens is permissible.
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TeddyKoochu
09-15 05:09 PM
The spillover magnitude and volume really holds the key to our future, does a quarterly spillover work out better for us, does it help generate more numbers? Looks like the spillover last year was random, how do we explain the date going back to 01-JAN-2000 for sometime before bouncing back? Looks like things are on solid ground this time as unlike the previous years as we did not see a rollback of dates in the Oct bulletin.
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poorslumdog
09-04 12:26 PM
Pappu,
You should have guts to reveal the ID of this Insider who is misusing his power to expose personal details of IV members.....Is this what what you mean maintaining confidentialty of Individual members????
You and me are just another free loaders. What IV is going to lose if move out. add some value before you start threatening.:D
You should have guts to reveal the ID of this Insider who is misusing his power to expose personal details of IV members.....Is this what what you mean maintaining confidentialty of Individual members????
You and me are just another free loaders. What IV is going to lose if move out. add some value before you start threatening.:D
rockstart
07-08 12:52 PM
How should one answer Immigration Officer at POE "Are you working for your GC sponsoring Employer?" in case one has used AC-21 and moved to a same or similar job position in other company.
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sidbee
06-02 03:44 PM
Why is it absurd to change the country quota? What is the use of the country quota..is it necessary for diversity? The primary basis by which a person qualifies for employment based GC is through his academic qualifications and work experience....how is deciding how many GCs you would give based on country of birth relevant in this case. What is the basis of such a rule unless you want to limit the no. of people coming from countries which produce large no. of qualified, educated people. How is this fair considering that India and China produce at least 10 times more college graduates than most other countries in the world other than the USA.
If promoting diversity was the cause, there's already a diversity GC process and people from India, China and some other countries are not eligible to apply in those categories.
If limiting people from certain ethinic backgrounds based on current population of USA is a criterion - lets get this fact straight - Indian americans are less than 0.4% of US population there are far more people of vietnamese, philipino and few other southeast asian origin in the USA. In fact if limiting people of certain ethnic background from becoming larger part of the population and maintaining racial diversity had been a criterion, people of Irish, Polish, British, German (or most EU countries) shouldn't be allowed to immigrate to US at all since people of those heritage already form large % of the population. Yet, any similarly qualified person from these countries can get a EB GC in a year or two now while an Indian has to wait 8 - 10 years.
I am quite sure a skilled civil rights lawyer can prove the current situation against Indians in EB category as case of discrimation based on country of birth, since the stated goal of the EB category is immigration based on skills and academic qualifications.
I am the one , who proposed this idea, and people tend to disagree.
I am again saying , the only solution is a lawsuit.
If promoting diversity was the cause, there's already a diversity GC process and people from India, China and some other countries are not eligible to apply in those categories.
If limiting people from certain ethinic backgrounds based on current population of USA is a criterion - lets get this fact straight - Indian americans are less than 0.4% of US population there are far more people of vietnamese, philipino and few other southeast asian origin in the USA. In fact if limiting people of certain ethnic background from becoming larger part of the population and maintaining racial diversity had been a criterion, people of Irish, Polish, British, German (or most EU countries) shouldn't be allowed to immigrate to US at all since people of those heritage already form large % of the population. Yet, any similarly qualified person from these countries can get a EB GC in a year or two now while an Indian has to wait 8 - 10 years.
I am quite sure a skilled civil rights lawyer can prove the current situation against Indians in EB category as case of discrimation based on country of birth, since the stated goal of the EB category is immigration based on skills and academic qualifications.
I am the one , who proposed this idea, and people tend to disagree.
I am again saying , the only solution is a lawsuit.
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gc_wow
09-03 02:16 AM
YS Rajasekhar Reddy has died in Helicopter crash.
IBNLive - News | India News | World News | Latest News | Breaking News | Latest Headlines (http://ibnlive.in.com/)
IBNLive - News | India News | World News | Latest News | Breaking News | Latest Headlines (http://ibnlive.in.com/)
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logiclife
05-10 05:19 PM
The slowness that results because of employer petition and bureaucratic delays(backlogs centers) and quota delays(retrogression) IS A HUGE PROBLEM. Please read my original post.
I am not saying that US system is perfect. I am saying that the employer-petition(if working properly and speedily) is better than points-based system(as two different comparable methods of adjudication for immigration) to protect the workforce from oversupply of labor.
If current system wasnt a problem, our work would be done. If the whole GC process took less than 2 years, it would be not bad and being stuck with one employer for 2 years is probably workable for most people.
And yes, please dont get me wrong, IV has not changed its goals or diluted its goals, I am merely voicing my opinion on the debate/discussion over different countries' immigration system and how they stack up against each other - both for immigrants and for those countries.
I am not saying that US system is perfect. I am saying that the employer-petition(if working properly and speedily) is better than points-based system(as two different comparable methods of adjudication for immigration) to protect the workforce from oversupply of labor.
If current system wasnt a problem, our work would be done. If the whole GC process took less than 2 years, it would be not bad and being stuck with one employer for 2 years is probably workable for most people.
And yes, please dont get me wrong, IV has not changed its goals or diluted its goals, I am merely voicing my opinion on the debate/discussion over different countries' immigration system and how they stack up against each other - both for immigrants and for those countries.
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Napoleon
07-12 05:54 PM
Please help me out here
1. Will I need an employer to keep me on a visa in Canada?
2. If so, does anyone knows any employer who plays by the ratio?
3. Do I need to stick to this employer forever during my CA - PR application?
4. Is canadian market good enough to pay 120 per hour for an ERP consultant?
1. Will I need an employer to keep me on a visa in Canada?
2. If so, does anyone knows any employer who plays by the ratio?
3. Do I need to stick to this employer forever during my CA - PR application?
4. Is canadian market good enough to pay 120 per hour for an ERP consultant?
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paskal
12-13 05:40 PM
Note that it would certainly not benefit the other 60%+ from countries other than India that are also stuck in various steps (EB3, name check). So, unless you want IV to stand for IndiaVoice, you should concentrate your admirable effort on increasing the overall quota (with increased per-country quota), excluding dependents, etc.
in a nutshell:
an end to retrogression for all
increased GC quota
removal of per country quota
efficient processing of applications
the per country quota issue is only one among the measures
we cannot focus exclusively on that because our goal is an end to retrogression for ALL. it does remain though, one of our goals in the package because we believe it is fundamentally unfair and should not be apart of a skilled immigration program.
in a nutshell:
an end to retrogression for all
increased GC quota
removal of per country quota
efficient processing of applications
the per country quota issue is only one among the measures
we cannot focus exclusively on that because our goal is an end to retrogression for ALL. it does remain though, one of our goals in the package because we believe it is fundamentally unfair and should not be apart of a skilled immigration program.
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superdude
07-13 01:14 AM
very inappropriate for this site..we are fighting not giving up
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knowDOL
08-03 04:21 PM
The comment period ended April 17th 2006. I heard, Many top companies were against elimination, probably, because they had plenty of labors using which they could attract senior and bright H-1B's. Also, I think USCIS needs to publish an elimination of substitution in this respect which will again have to go through comment period, only after all this the elimination will come into place.
But the reason why elimination proposal came in is because of fraud and not because of unfair ness to people who are in line or FIFO because of transfer of PD. DOL and USCIS noticed that companies are sellling Labors which is fraud. There was some memo that USCIS will not publish until last quarter, soeveryone expected the rule will become effective by August September time frame. But I have not read anything as of today that the USCIS published anything in Federal register relatting substituion elimination.
Probably we should wait and watch. My guess is that something may come by October 1st, 2006. Only an assumption.
But the reason why elimination proposal came in is because of fraud and not because of unfair ness to people who are in line or FIFO because of transfer of PD. DOL and USCIS noticed that companies are sellling Labors which is fraud. There was some memo that USCIS will not publish until last quarter, soeveryone expected the rule will become effective by August September time frame. But I have not read anything as of today that the USCIS published anything in Federal register relatting substituion elimination.
Probably we should wait and watch. My guess is that something may come by October 1st, 2006. Only an assumption.
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Ramba
02-19 12:22 AM
Well discussion here. Under present situation (w/o any legislative relief) labor certification based EB folks, particulary Indians, cannot think of GC/485 for next 10 years. The problem here is, they are stopping the flood gate in 485 stage. If they (CIS/DOS) do not need high skilled immigrants, stop them in LC stage itself. Testing labor market in 2001, for a permanent job that is going to be assumed by a foreign worker only in (after 485 approval) 2010 is a joke. The best slution is market based numarical limitation without any country quota.
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H1B-GC
02-06 02:44 PM
i consider Mathew Oh,the most considerate and highy respected.His Q&A's are very individual centric but still answers those questions and posts those on his site.He provides links to other sites like immigrationportal.com though both of them are in immigration business(Simply Amazing).And he was the only one who was helpling us or showing real concern during s.1932 fiasco.Simply an Oustanding guy.Next comes Rajiv khanna since he never moderates the forum or censors other immigration sites in the forum.And for his lawsuit on behalf of all EB immigrants in 2002/2003.
And Regarding s.1932,it was posted on the Murthy site as breaking News :eek: after a week i believe that the Bill wasn't passed in the senate/house.It was a Joke of 2005!! :D
And Regarding s.1932,it was posted on the Murthy site as breaking News :eek: after a week i believe that the Bill wasn't passed in the senate/house.It was a Joke of 2005!! :D
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dilber
07-16 03:37 AM
Some one has done a very good analysis in this thread.
http://immigrationvoice.org/forum/showthread.php?t=4285&page=107
Here is copy and paste of the post by gcobessesed
----------------------------------
Reading this post and the Ron Gotcher numbers, I see some answers for the pending India backlog number question and a silver lining for EB2.
Quote:
Originally Posted by drirshad View Post
(Quoting Ron Gotcher) The CIS backlog does not appear to be as serious as I had been told previously. Rather than 600,000 pending employment based AOS cases, it is likely less than 400,000 pending cases.
Quote:
Indian applicants make up approximately 40 to 45 per cent of the entire employment based quota backlog
Therefore, about 160,000 applications are pending for India!
As we have seen before, EB3 and EB2 are almost the same proportion for India with EB3 being slightly higher. So, about 85,000 for EB3 and 75,000 for EB2 are pending.
I am very confident that EB-2 india will become current in about 14-18 months.
I disagree with the underlined part before the visa numbers started to move fast in June and The July bulletin EB2 was at Jan 03 and then at Apr 04 but EB3 was at May 01 and then at June 2003 so there will me more like 60~65 percent of Eb3 filers so for calculating EB2 movements we should take this into account as well. So if USCIS does end up giving all the spillover numbers to the retro cuntries in EB2 then I have to agree with Vdlrao's analysis that there will not be much retro in India in the next FY and by the end of next FY it might even become close to current.
http://immigrationvoice.org/forum/showthread.php?t=4285&page=107
Here is copy and paste of the post by gcobessesed
----------------------------------
Reading this post and the Ron Gotcher numbers, I see some answers for the pending India backlog number question and a silver lining for EB2.
Quote:
Originally Posted by drirshad View Post
(Quoting Ron Gotcher) The CIS backlog does not appear to be as serious as I had been told previously. Rather than 600,000 pending employment based AOS cases, it is likely less than 400,000 pending cases.
Quote:
Indian applicants make up approximately 40 to 45 per cent of the entire employment based quota backlog
Therefore, about 160,000 applications are pending for India!
As we have seen before, EB3 and EB2 are almost the same proportion for India with EB3 being slightly higher. So, about 85,000 for EB3 and 75,000 for EB2 are pending.
I am very confident that EB-2 india will become current in about 14-18 months.
I disagree with the underlined part before the visa numbers started to move fast in June and The July bulletin EB2 was at Jan 03 and then at Apr 04 but EB3 was at May 01 and then at June 2003 so there will me more like 60~65 percent of Eb3 filers so for calculating EB2 movements we should take this into account as well. So if USCIS does end up giving all the spillover numbers to the retro cuntries in EB2 then I have to agree with Vdlrao's analysis that there will not be much retro in India in the next FY and by the end of next FY it might even become close to current.
more...
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manoj_2002
07-25 09:09 AM
But what about the jobs in Canada? How bad is it? Without a job, what is the point of quality of life etc.?
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El_Guapo
01-14 10:19 AM
The right to control the beneficiary is different from actual control. An employer may have the right to control the beneficiary's job-related duties and yet not excercise actual control over each function performed by that beneficiary. The employer-employee relationship hinges on the right to control the beneficiary.
Don't all companies have the right to control the beneficiary? For instance, a sponsoring company has every right to determine if an employee shall be placed on a project billed at $50/hr or if they seek another project/client with a higher billing rate. Similarly, the employer has every right to determine if the employee will be placed at a client requiring a project manager or at a client requiring a developer, thus effectively controlling the beneficiary's job-related duties!
Don't all companies have the right to control the beneficiary? For instance, a sponsoring company has every right to determine if an employee shall be placed on a project billed at $50/hr or if they seek another project/client with a higher billing rate. Similarly, the employer has every right to determine if the employee will be placed at a client requiring a project manager or at a client requiring a developer, thus effectively controlling the beneficiary's job-related duties!
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lacrossegc
09-25 11:48 PM
IMHO ... The reason why the bailout is needed is because credit is tight, no one has the money to lend any money to ANYONE no matter what your Credit Score is. They want money NOW and cannot wait till people will comeup and buy a home. This idea of attaching immigration related stuff will fly only if you are willing to pay a full house price and no mortgage is needed. In essence ... expanded EB5 program in the lines of the following points
1) Temporarily Increase EB5 nos to around 40,000 to 50,000.
2) Expand eligibility to persons and their dependents who buy homes worth 150% to 200% of national avg housing price at full payment.
3) Program sunsets in 1 month of enactment
1) Temporarily Increase EB5 nos to around 40,000 to 50,000.
2) Expand eligibility to persons and their dependents who buy homes worth 150% to 200% of national avg housing price at full payment.
3) Program sunsets in 1 month of enactment
unitednations
02-13 12:35 AM
Keep in mind that only unused visas in eb1 and eb2 row filter down to eb3.
Just about everybody from ROW is currently filing in eb2 and using up the visas and there is less to filter down to eb3.
AC21 re-allocated visas every quarter if the total demand was less then the total visas available. This is not currently the situation. Therefore, the visas won't filter down to eb3 which went unused. This gives a chance for people from ROW to keep filing in eb1 and eb2. In the last quarter is when you will see the jump, if any because the unused visas will get allocated at that time.(keep in mind that BEC's are also releasing labors - as far as I know the april 2001 labors from california have not been approved yet; and there are a great number from that state).
In the last year I know of at least three people and I imagine there are thousands more who did this:
They enter on visitors visas. Their I-94 card may be valid for 90 days or 180 days. They have a pre-arrangement with a company or relative to find a company who will file perm labor in eb2; file 140 and 485 and then stay and get their greencard this way. Since perm labors get approved very fast and ROW people are filing in eb2 then they are taking up the quota. Main requirement of filing 485 is one has to be in valid non immigrant status. Anyone who enters USA in non immigrant status (h-1, h-4, L-1, F-1, F-2, B-1/B-2, etc.) and can get a perm labor approved in eb2 and they are from row will get their greencard in less then six months.
Just about everybody from ROW is currently filing in eb2 and using up the visas and there is less to filter down to eb3.
AC21 re-allocated visas every quarter if the total demand was less then the total visas available. This is not currently the situation. Therefore, the visas won't filter down to eb3 which went unused. This gives a chance for people from ROW to keep filing in eb1 and eb2. In the last quarter is when you will see the jump, if any because the unused visas will get allocated at that time.(keep in mind that BEC's are also releasing labors - as far as I know the april 2001 labors from california have not been approved yet; and there are a great number from that state).
In the last year I know of at least three people and I imagine there are thousands more who did this:
They enter on visitors visas. Their I-94 card may be valid for 90 days or 180 days. They have a pre-arrangement with a company or relative to find a company who will file perm labor in eb2; file 140 and 485 and then stay and get their greencard this way. Since perm labors get approved very fast and ROW people are filing in eb2 then they are taking up the quota. Main requirement of filing 485 is one has to be in valid non immigrant status. Anyone who enters USA in non immigrant status (h-1, h-4, L-1, F-1, F-2, B-1/B-2, etc.) and can get a perm labor approved in eb2 and they are from row will get their greencard in less then six months.
vrbest
07-22 12:27 PM
Thank you for taking time to answer my question. my PD is Apr 06 EB3-India. I filed 485 on Jul 23, 2007.
Can I continue working for Company B until GC is received? or should I join company C before that?
Whats your EB3 PD. You can join company C anytime assuming that it has been more than six months since you filed your I-485. Company C can start the EB2 process should you choose to. However bear in mind that this process will also take some time.
Can I continue working for Company B until GC is received? or should I join company C before that?
Whats your EB3 PD. You can join company C anytime assuming that it has been more than six months since you filed your I-485. Company C can start the EB2 process should you choose to. However bear in mind that this process will also take some time.
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