Friday, August 5, 2011

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  • BharatPremi
    12-13 10:32 PM
    One possible argument someone can make is , if there isn't a per country limit on H1Bs, why should there be one on GCs?


    We can have a lawsuit saying, cap both visa types or cap none.

    If ever this law suit come before a judge, we can potentially win by creating a list of all the lost oppurtunities, lost time and money etc, basically building a human story around the restriction.

    Other than that, I don't think per country qouta violates the constitution.

    Anyways, I am enjoying this thread, very logical arguments in each reply.

    Mark,

    what say you?





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  • eb3_nepa
    06-27 11:40 PM
    Yes. Agreed. But what this means is that if they approve too many cases then they may issue August bulletin with retrogressed dates. And that's fine because they can do that and everyone expects dates to retrogress either in August bulletin or in subsequent bulletin.

    Which portion of the Ombudsman report says that "In the middle of the month for which bulletin is already out there with current dates, they can just stop accepting applications and sort of "REVISE" an already issued bulletin".

    WHERE DOES IT SAY THAT ???

    And I am still looking for source of information where in the middle of the month for which a bulletin was already issued in preceding month, USCIS chose to stop accepting petitions and not honor the bulletin issued by DOS with current dates.

    I am seeing a lot of copy-paste from lawyers websites but NONE, I repeat, NONE has a government website URL or any official source.

    Those who still want to believe can choose to believe this. It will make people file on July 1st, if its in their hands. If its in the hands of HR department and company lawyers, it will make them raise their blood pressure until the lawyer sends them an email on July 25th that the Fedex went out today.

    I believe that regardless of what August bulletin shows, July bulletin on DOS website applies to month of July all the way thru July 31st and as long as you file before July 31st, you are fine.

    I made myself look like an idiot by asking such questions to my lawyer, who is already going nuts over the suddenly sky-rocketing workload of 485 petitions. There is another guy who made a fool of himself by asking the lawyer this question.

    And people keep posting new updates and baseless sources to add credence to this baseless rumor. Suit yourself.

    Logiclife,

    I agree with what you say. However I dont see any evidence on the USCIS/DOS website that says that USCIS/DOS CANNOT change the dates mid-month either. THAT part is worrying me (and everyone).





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  • sanju
    04-15 10:00 PM
    How about Simon for PM of India. This guy knows everything ahead of time -

    http://www.youtube.com/watch?v=RxPZh4AnWyk



    RxPZh4AnWyk



    .

    Susan is the best that I have heard till now. Simply awesome!

    .





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  • venetian
    05-12 10:11 PM
    Just a few...


    Sellapan Ramanathan - President of Singapore
    Sir Veerasamy Ringadoo, ex-President of Mauritius
    Ariranga Govindasamy Pillay - ex-Chief Justice of Mauritius
    Angidi Verriah Chettiar - ex-Vice President of Mauritius
    Subrahmanyan Chandrasekhar - Nobel Laureate and University of Chicago professor.
    Navanethem Pillay - United Nations High Commissioner for Human Rights (originally from South Africa.)
    James Appathurai -NATO Spokesman (from canada)
    Lakshmi Sahgal - Freedom fighter settled in Kanpur
    Tun V.T. Sambanthan - One of the founding father of modern Malaysia
    S Jayakumar, Deputy Prime Minister, Singapore.
    Tharman Shanmugaratnam, Minister of Education, Singapore.
    Vivian Balakrishnan, Minister in, Singapore.
    S Rajaratnam, ex-Deputy Prime Minister, Singapore.
    S Dhanabalan, ex-Minister, Singapore.
    Radhakrishna Padayachi, Minister in Republic of South Africa.
    Gunasagaran Gounder, Fiji politician
    Perumal Mupnar, Fiji politician
    Aruna Roy - head of Mazdoor Kisan Shakti Sangathana, Rajastan
    R. K. Laxman & R. K. Narayan, lived in Karnataka


    I did not include Sri Lankan Tamil politicians or sports persons.

    I can go on and on...

    Again, do some research before commenting


    Source: http://en.wikipedia.org/wiki/List_of_Tamil_people

    @venetian:

    I was not responding to the Sri Lankan issue - please don't read it as such. As I said, my comment was tangential to the discussion thread. I was just writing about my observation of the behavior and attitude of Tamils in general in India.

    @jerrome:

    Your point about MGR/Jayalalitha/Rajanikanth just proves my point. These people migrated to Tamil Nadu, made it their home and 'assimilated' by learning Tamil and considering themselves Tamil and showing their love for Tamil - they did not become famous in TN by propagating Telugu/Malayalam/Kannada. Now, if only you could provide some examples of the other way around - Tamils who migrated elsewhere and who made the host cultures proud. Can you?

    There definitely are Telugu/Malayalam/Kannada natives in TN - but without exception, they have 'Tamilized' themselves to a great extent to live a normal life. Is the converse true?



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  • chanduv23
    06-27 11:36 PM
    Or maybe just present a piece of toasted bread and the locals will consider this as a good 2x2 of a miracle (...photo). Once the "belt" supports him he needs no further support. Path to citizenship will be through a "divine escalator"... ;)

    Wonder if HE would then be allowed to run for president, guess that would require a constitutional change? hmmm... interesting...


    What about Mary Magdelene? The Holy Grail is enough proof for her GC??





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  • jonty_11
    07-11 06:11 PM
    I know people who got their GC in 7 months from the date they filed PERM. and then there are many people getting GCs every month. There are both good stories and bad stories to tell about getting GC in US.

    There were times when H1 quota never reached the limit during the whole fiscal year, now they get used in just 2 days. This mess in GC process is a result mainly due to our own actions (temporary workers and consulting companies hiring temporary workers). Do you think majority of us once we get GC, stay with the consulting company that filed for our GC? When a consulting company files for PERM, they already have a foreign national working under H-1B in that position. So where is the real intent to hire an American when some foreigner is already working at that position?

    This employment based GC is a way for us foreigners to immigrate to US easily at one point. Now due to our extreme usage and abuse of this process, there are genuine people who are being sponsored to immigrate to US are also suffering. In a true employment GC scenario, the company should be desperate to keep you for a long time (more than 6 years after H-1B is maxed) for your valuable skills that they were unable to find in others. But in most GC cases, looks like we temporary workers are more desperate than our employers for the GC? aren't we? Do you see any companies sweating on how to retain you with them, because you H-1B is expiring and they have no way to keep you?

    Do not put all the blame on US immigration system, the majority of the blame should fall on us and the companies who are helping us to get GCs when our cases are not based on genuine sponsors.
    You are just looking at a few rotten apples in an apple farm ..here....Just like software or a server, a system should be robust enough to endure abuse, if it does not it should be modified to do so....no one is stopping DOS/USCIS to put in more checks and ba;ances for GC or H1 Process.....question is will they ever do it...probably not...look at how CIR failed....So you have to look at the oeverall picture rather than pointing at isolcated cases of abuse....which are neglible compared to valid employment based GC cases.

    The US immigration system is broken and everyone knows it. That is why Microsoft opened new office in Vancouver.



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  • Legal
    07-21 04:19 PM
    http://www.dhs.gov/xlibrary/assets/s...PR_FR_2007.pdf

    Interesting information. Mexico's population 103 million is one tenth of India's population. Yet, consistently 2-3 times more GCs have been issued to Mexican citizens.This doesn't affect diversity!:rolleyes:





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  • Macaca
    07-04 09:23 AM
    Originally Posted by Macaca ( add ons from forum in red)
    I am trying an outline for sending to media + lawmakers + ...

    I meant a scan of the other 100 page thread Breaking news. I did not follow that thread and it has lot of issues. Please summarize issues mentioned in Breaking News thread here.

    I will add issues from this thread! thanks



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  • gcvision2010
    09-03 10:57 AM
    May his soul rest in Peace!





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  • vjkypally
    09-18 08:44 AM
    That is very true that with spill over it will cross 2005 in 2010. But we should not really expect it till Sep2010.



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  • GCwaitforever
    02-13 02:07 PM
    I couldn't agree more with you. The limited number of GC is definitely a critical factor. But we have contributed to this mess ourselves. Look what happened with EB2 India. Did India started producing EB2 talents overnight? No; rather we started polishing our resumes with inflated years of experience and job description so that we can apply to EB2. The system is too liberal and based on trust. If employers start scrutinizing resumes and certificates a lot of applicants will simply drop off from the GC queue.

    Totally disagree with you. People do not inflate their resumes and apply for EB2. There is no need for that for many of us in the profession for more than 10 years already. Besides, it comes under immigration fraud and leads to deportation.

    EB2 India is clogged up because people who applied for EB3 five or six years ago switched to EB2 by applying with newly promoted positions and transferring old EB3 priority date.

    It all comes down to USCIS/DOL/SWA/BEC processing paper-based cases at tortoise pace and making loads of money for their employees and their pensions. Had they processed cases quickly with electronic processing, EB2 India would not be backlogged like this.





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  • PlainSpeak
    01-14 04:17 PM
    I never asked you for your plan! you are just copy pasting the same material to all Donors and Senior members. Just makes it look more like a planned agenda.
    so you're saying your job was only to start a fight on IV between EB2 and EB3, and you have no ideas?
    Also you are continuously making a lot of veiled negative comments againt IV.
    Mr TonyHK

    for all purpose you and getgc are the same so please read my reply top him and apply to yourselves

    and yes those comments against IV members like you (Not IV but just people like you) are NOT vieled comments. They are subtle and i am not sure whether you know anout subtlety or not. But since you say that i am continously making vieled comments ERGO you understand them so my message got across

    Now please do not waste my time by replying with drivel. If you have something constructive to say say it or stop responsind. Like the otehr person (GetGC) you might also get a good night sleep

    And there is nothing vieled about the above statement, so if i do not se any reply from you i would understand you got it



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  • chintu25
    02-13 11:20 AM
    Count me in for this law suite action and commit to pay $500 as part of my contribution, please IM me the details and will provide all the details that IV team needs from me...

    Arvind

    Way to go Arvind..... Chandu pls note 2 contributors without even a campaign launch.

    But on the flip side I totally agree with Walkingdude that once IV files a case then it is the end of discussion and everything else. So again consult a good lawyer actually a very good lawyer.....and then decide to proceed.

    We will stand with whatever our IV core decides but lets give it a serious thought





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  • MunnaBhai
    06-28 04:56 PM
    I don't think that they will APPROVE 40,000 appplications in a week. Well they were unable to do so in an year, how come in a week or two.



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  • alterego
    12-13 05:14 PM
    This problem has arisen out of a desire for the labor but not wishing to give the immigration benefits due to concerns which are not always convenient or comfortable to state.
    If H1b was also a quota system, this would all be a moot discussion. Since it is not, and we have an unlimited L1 program we have this situation.
    A few points are truly ridiculous. Anguilla with its 5K citizens has the same quota as India or China? How does that promote diversity. If every Anguillan applied in EB their quota would not get filled. Yet India has more diversity of religion, language, caste and virtually anything else you can imagine except perhaps ethnicity, arguably it has more diversity than Europe.
    The worst insult in my view is EB immigration being quota based in a so called meritocracy. Either you are a meritocracy or you are not. If you want to promote diversity, then you can do so in FB or diversity category or something like that. If you really want to promote diversity then, you can argue this country already has enough people of northern European, German, Irish, Italian ancestry etc.
    Which brings me to the main point, which is that it may be inconvenient, and it may be uncomfortable to say, but immigration(of all types) has, does and perhaps for the foreseeable future will have racial undertones.
    A constitutional challenge will invariably run into the issue of aliens not having the same rights as citizens since no other argument can realistically hold any sway.





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  • grupak
    12-13 03:45 PM
    Then fight for changing that constitutinality. Who made it? Why did they make it the way the made it? Slavery was supported legally way back.. If black community might have thought " They do not have a case" as somebody has created the constitution to suit their own need and "within the framework of that legality" "they do not have a case"... then still we may be seeing slaves around.

    I understand your point that we are not yet "citizens"... but for many fair practices society must not differentiate.

    BharatPremi, as I explained to at0474, I don't see how we can fight a law in a court (maybe we can). If a law is not implemented then we can get justice from the courts.

    For changing the law, we as IV lobby congress and meet lawmakers. This is a different issue from the intent of the OP which was to challenge the legality of country quota. Seems like country quota is within the law.

    I think even as non-citizens we can meet lawmakers and past experience (not IV related) suggest they will listen.



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  • Michael chertoff
    05-01 04:52 PM
    [QUOTE=snathan;338267]Thomas Jefferson, once said, "A democracy is nothing more than mob rule, where fifty-one percent of the people may take away the rights of the other forty-nine. "
    I really believe Jefferson's worst fear is playing out in Sri Lanka.

    QUOTE]

    This quotation is only for Sri Lanka?? or it can be tru for india too???

    MC





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  • same_old_guy
    09-23 08:19 PM
    Well, here�s some more stat : Base on GC allocation of FY 2008 (http://www.travel.state.gov/pdf/FY08-AR-TableV(Part2).pdf ),

    EB1 India got 5,327 visas , EB2 India got 14,818 and EB3 India got 3,576 even though the quota was 2,803 for each preference.

    As an example, I-485 pending for EB2 and EB3 India before 2006 are 17,835 and 46,334 respectively. Everything else being equal, you can take a guess how long it would take based how old the report was. Even if the report is from yesterday to be pessimistic and there are nuances, it gives some approximation unless the interpretation is totally wrong.





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  • user1205
    02-12 02:51 PM
    9 moths and 5 days for me :-)


    Yeah, Tell me about it!!!

    Just two more months and mine would have been current!!!!





    Dyana
    02-14 05:33 PM
    Circus123 & Bestia thanks 4 the quik answers to my first post on this site; By now I just read & learned a lot from this site about GC process.Now it's time to take action because we have a PD current.
    I just wanna be sure about the dates 'cause I cannot rely on my layer 100% because last year he insisted on completing our files 4 GC but he "forgot" 2 mention that our PD is nou current yet!!!
    We'll send the cheques tomorrow!
    I can hardly wait to get my EAD so I can apply 4 a decent job!!!!!!
    Any idea if it takes longer than 90 days?
    thanx all of U 4 your answers.





    Jerrome
    05-12 03:56 PM
    Tamils live the same life as Sinhala and Muslims, if you're visited sri lanka you would see that. Schools are open to everyone within their respective distances, tamils conduct business same as muslims and sinhala. What you're discussing is something that happened when the country was given independance and the sinhala policy came into act. This is not the case anymore in sri lanka, if it was all the tamils in the country would have moved to the north where their so called saviors were fighting.

    Oops i may be living in a parallel world. I failed to see the people in yalpanam and triconmole living peacefully with equal rights.

    FYI i have been to SL twice(2003 & 2005) to colombo and yalpanam(Pls don't comeback at me calling me as LTTE).
    Have you ever been to yalpanam and triconmole while you were in SL.



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