Saturday, August 6, 2011

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  • letstalklc
    09-03 11:25 AM
    Very sad news...May his soul rest and peace....

    Guys don't put any bad comments against him, Please not that I am not associated with any political party.......it's not good to put bad comments against the person that he is no more....





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  • Waitingnvain
    08-30 11:10 AM
    Applying for Canadian PR is real easy. Do it on your own. We got our case approved in a year.





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  • hatighora
    07-11 05:55 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.





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  • _TrueFacts
    09-03 02:05 PM
    It's a strange fact that he came back to power.

    The guy, his son and his team have been looting, destroying, killing (political killings) on the scales of mafia never ever seen in the history of AP.

    I repeat that again. Good riddance. Wish his Son was also part of the chopper trip...that would have been complete liberation.

    For “dealsnet”, politicians are diplomatic, that is how they have to be, and behind their minds they might have a different plan and agenda. Why should we anonymous people be diplomatic? And why should we be afraid to speak?

    If you have a personal interest in Congress or YSR say your sympathies and talk about it. No need to preach and say that others are not responsible. I think at least in this forum we are educated on a level basis.

    And for closing yesterday’s thread on YSR, you people should grow! Immigration Voice is just one among thousands of other web sites and if you believe you have a point, talk about it.



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  • lazycis
    02-14 12:58 PM
    Galvez v. Howerton 503 F. Supp. 35, 39 (C.D. Cal. 1980)
    http://boards.immigrationportal.com/showpost.php?p=1838094&postcount=14843

    "Plaintiffs herein allege that officials of the Immigration and Naturalization Service (INS) have engaged in affirmative misconduct in failing to process their applications for adjustment of status to that of permanent resident aliens. They seek a court order compelling the defendants to issue them appropriate visa numbers."

    "Where there has been affirmative misconduct on the part of the INS, the United States may be estopped to deny the availability of visas to those otherwise eligible but for the government's acts. See Immigration & Naturalization Service v. Hibi, 414 U.S. 5, 8-9, 94 S. Ct. 19, 21-22, 38 L. Ed. 2d 7 (1973); see also Villena v. Immigration & Naturalization Service, 622 F.2d 1352 (9th Cir. 1980) (en banc); Santiago v. Immigration & Naturalization Service, 526 F.2d 488, 492-93 (9th Cir. 1975) (en banc), cert. denied, 425 U.S. 971, 96 S. Ct. 2167, 48 L. Ed. 2d 794 (1976). The central inquiry here is the determination whether or not the conduct of the INS, including the failure of the INS officials to understand the applicable law, the improper rejection of plaintiffs' visa applications on two occasions, and the ensuing delay, constitute affirmative misconduct.
    It is the duty of the agency to inform itself of the law which Congress has authorized it to enforce. The INS admits that its personnel were not familiar with the current statute applicable to plaintiffs' visa eligibility and thus erred in returning [**8] the plaintiffs' applications on the basis of a misinterpretation of the relevant law. This failure to act in accordance with law is an aspect of the agency's affirmative misconduct which the Court cannot overlook. Administrative Procedure Act, 5 U.S.C. � 706(2)(A) (agency action to be set aside where "not in accordance with law").
    Another aspect of the present misconduct relates to the agency's failure to fulfill a statutory duty. The INS has a statutory obligation to issue visas to qualified applicants to the full extent of the annual quota limits established by Congress. 6 The legislative history of the Immigration & Naturalization Act indicates that this duty has not been left to agency discretion, see S.Rep. No. 748, 89th Cong., 1st Sess. reprinted in (1965) U.S.Code Cong. & [*39] Ad.News, pp. 3328, 3337-38, but is obligatory upon the agency. "

    "IT IS HEREBY ORDERED that plaintiffs' Motion for Summary Judgment is granted, and defendants' [**14] Motion for Summary Judgment is denied. The Court orders the defendant Secretary of State to issue A.T. Cortes and E. Cortes Fifth Preference visa numbers and to charge them to the 1979 visa allotments"





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  • peer123
    02-04 08:36 AM
    :(

    http://www.murthy.com/nflash/nf_020207.html



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  • anilsal
    12-14 12:51 PM
    It is good to have constructive arguments. I request you to at least have the decency to use "smileys" (preferably the happier types) at the end of strong sentences, such that u don't come across as rude to the readers..... :cool:





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  • sumagiri
    07-23 05:42 PM
    CIS First 8 months story : EB2 India/China use all numbers (around 3k and get retrogress), EB1 and EB2-ROW use usual avarege numbers (EB1=24k and EB2ROW=14K) : Total 41K.

    If total 100K cases where approved EB3 got its share of 50k+. With changed interpretation they should get no more.

    Sachug22,

    Are you implying that there are more EB3 approvals than EB2 this year for first 8 months ? Doesn't seem right.



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  • bsnf
    07-10 11:08 AM
    Good Luck.

    I think you should publish your story.





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  • sk2006
    08-16 04:11 PM
    Well, explain to me, if an american celebrity, such as Brad Pitt or George Clooney is detained at IGI for 66 mins, taken aside for secondary in another chamber, made to wait,

    if robert gates (defense secretary), is asked to remove his shirt

    if ex president bush or clinton is frisked for secondary, would that be acceptable to americans?

    NO. We agree on the answer atleast. Do people in India have to KNOW them?

    Question is why such things are not done in India?
    Answer is: The security system there is like Swiss cheese -- Full of holes.

    They would by pass the rules for celebrities!
    Why do you expect USA to do the same?



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  • unseenguy
    05-29 02:54 PM
    No one is arguing that lot of EB1Cs do not deserve the classification, however; that is not the root cause why we are backlogged. You might get 1000more visas , you would think but at the end of the day , you will close that gateway as well. 1000 EB1 visas are not a major relief for us. And if you think that will resolve the issue, you are mistaken.

    There is a political decision to backdate the country dates and hence even if you take up Eb1 issue, they will close that line as well, but those visas will not translate into more visas for us. Bureaucrats can come up with gazillion excuses as to why spillover did not happen such as "there is now demand for religious workers".

    So do not deviate the focus of the community. Our purpose is to get our GC, not stop someone else from getting a GC. Thinking otherwise mean , divisive and selfish mentality! or plain jealousy. Has anyone stopped you from working for Cognizant?

    We need transparency and better predictability in the whole process. Someone said Oppenheim knows more than many of us. My question is why should we trust him? Shouldent there be a system that gives clear picture to everyone?


    Bottomline is we need to choose our battles! EB1 is not the battle we need to fight right now.





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  • tempgc
    09-14 03:21 PM
    1. I-140 premium processing will increase ROW applications

    Its next to impossible to get approval of EB2 PERM and 140 in the current situation.

    2. 29 months opt is causing ROW applicants to bypass
    H1-B and go for GC directly
    I doubt validity of this stmt

    5. Perm was introduced in early 2005 and lot of EB2 applications labors were approved in 2005
    .
    Its only 2655 for EB2I in 2005 PERM.



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  • nrk
    09-17 03:12 PM
    Yeah it might not come upto April or May by September 2010, but i am expecting some thing should happen for EB2 I Prior May 2006 filers by end of 2010 (December 2010)

    By september 2010 EB2 India will surely enters into 2006.





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  • GCWhru
    07-23 11:38 AM
    Guys,

    I think we have talked and analyzed enough about how many visas available for August and September and pretty much arrived at conclusion that at the minimum 20K visas available. (Thanks to vdlrao).


    Now we should talk about capability of USCIS and its processing speed? What is the normal approval rate with USCIS's regular processing. Also we heard that USCIS recruited many people, Do we suppose to see any improvement in processing. Do we think all the 20K visas will be used within 2 months?


    If USCIS is going to approve only 5K visas over next 2 months, there is no point in talking how many visas left.

    Thanks



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  • harsh
    02-13 08:42 PM
    I am following this discussion and it is interesting. Here is what I get so far.

    USCIS is not allotting excess visa number horizontally. Unused visas from Eb1 and EB2 are not going to over subscribed countries but to EB3 ROW. The "total" visas in the law can be read as total visa across all categories. If this is true then it is likely that untill EB3 ROW becomes current, India and China will only get 7%. But here is what I do not get.

    1) From november 2005 bulletin, USCIS is saying that they are going to suspend AC21. Why did they decide to suspend ac21? Can they decide on their own when they are going to apply to AC21 and when they are not? Is AC21 not a law?

    2) Why or how did USCIS allocate large number of visas to over subscribed countries India and China before? Like in the November bulletin, USCIS says india used up around 44000 visas. Were they allocating more visas by following AC21? If yes, then why did they decide to suspend AC21? If no, then how they allocated so many numbers?

    I am trying to understand the how the USCIS decides to allocate visa numbers. And it is very complex.





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  • PlainSpeak
    01-14 09:23 AM
    My responses are in blue

    My advice to you, this forum gives members a chance to voice their problems and many members help with suggestions and experiences. IV works for relieving our problems - and if their intentions are on our side, we need to help them and not fight amongst us or them. Judge by what the administrators of this org say.
    My Friend VedicMan
    So let me get this straight. IV Senior members can abuse and threaten and basically talk bad about the post but i am NOT even supposed to respond to them with good words (please read all my replies)

    And from your other statement, You have already decided that i am not only responsible for my post (And Yes i stand proudly by my post) but i am now also responsible for you guys abusing the post. I am goaing you !!!!! (You know for a second i did get a mental picture of me staning besides you with a stick and poking you in your stomach RESPOND TO THIS POST / RESPOND TO THIS POST / RESPOND TO THIS POST )

    So the fact is my friend as i said before when some one has no more reparte to a give they end up making such posts. And as to you traditional upbringing which does not allow you to think that a gal can be confrontational as i said before you have the right to think whatever you want (Whether i am a guy or a gal or if you would like something else) that is your right and yes that thinking can also cloud your judjement (as it is doing now) but what you do NOT have a right is to decide that you are the Judge/Jury/Executioner of every thread opened on this forum

    I cannot think of anyone with good intentions spending time to respond to comments that are not worthwhile.......
    So senior members can abuse as much as they want and me instead of abusing back (Which you would really like me to do i know) am replying back in a calm measured response and that is once again my fault

    You know with your twisted logic of justice and fair play if i am ever in court i would certainly NOT want you to be in the Jury. Infact i would not want you anywhere near the court because you might not even wait for the judgement. You would want to just go decide that i am at fault and get it done with

    PS: and yes i am responding back because every response no matter how abusive or unfair like yours deserves an answer



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  • pune_guy
    07-08 01:59 PM
    Hi,

    I have an approved labor and I-140. I have applied for I-485 during the July 07 fiasco and also have EAD and AP. It has been more than 180 days and I am toying with the idea of using AC21 to switch jobs. Recently I got the copy of the labor approval and found that that the OCC code (17-2072.00) and OCC title (Electronics Engineer) in the approved labor does not match with the title (Software Engineer) filled in by my company. All the other details like requirements and experience is pertaining to a software engineer position. But the approval came with "Electronics Engineer" job title.

    This may be due to how the job description in the labor application is written. It does not have the word software, instead it uses the word solution such as "design, develop and test client-server solutions for semiconductor equipments". What I actually do is develop software applications to automate semiconductor equipment.

    My question is can I use AC21 to switch job with title "Sr. Software engineer", where the job is same/similar to what I currently do? The OCC codes for this new job will not match with the one in labor?

    Does this mean I am stuck? or can I change jobs and this can be explained to the immigration officer if I am called for an interview during adjucation of my case?

    I'd appreciate your opinion in this matter.

    Thanks





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  • hatighora
    07-11 05:55 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.





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  • vdlrao
    07-21 05:30 PM
    The Family visas spill over is something I couldnt understand. They are retrogressed by > 10 years for many categories. Is that conflicting with spill over? Why would there be spill over with such backlog?

    I havent researched FB category , so apologize if its silly question

    This is due to the limit of 7% per country of available Family Based Visas and 2% for dependent areas.





    Waitnwait
    07-03 05:49 PM
    My wife came to US on L2 visa. We applied for her H1 in April'07 and got selected in lottery :). She has been working since Apr - 07 with the same company first on EAD (from L2) and then on H1B. meanwhile we got lucky in July 08 and applied for 485 for both of us. We came back from India in Mid May using AP after one month vacation. ( we have EAD and AP). She stopped working 2 weeks after coming back and hasnot worked since. My quesion is
    --- What is her current status ?
    --- Can she start working on her EAD and abonden her H1B?
    --- Will she be able to come back on H1B or H4 ( I also have H1B now)





    snthampi
    07-28 12:18 PM
    I was an 'IBO' in the past. did the business for 2 years and quit. so, i am one of those "quitters" as called by up-lines and one of the many reasons why the average yearly income is only $115/year :)

    you people are fighting for two totally different reasons

    (1) is Amway business illegal for H1Bs? and is Amway business model a ponzi scheme ? been with this business, I can still stand behind the business model - its fair and simple. you just buy from one manufacturer and advertise that to others. if you notice, they are actually advertising Amway Global on national TV. Are the products worth the money you pay is a different subject. can H1Bs do this, i hear yes/no from various sources and that is a separate subject too. this thread is about the bitter experiences and not the business model itself.

    (2) Now came BWW (for those of you don't know this term, this is the reason for all your heartaches / broken friendships and bitter experiences).

    how do you advertise your product/site ?????

    when i joined the business, I have atleast 10 very good friends. I talked to all of them and asked them to understand the business model, and not worry about the advertising part. I took all of them to major conferences (they couldn't say no to me out of friendship and curiosity on what i saw in it despite horror stories) but no one was keen at that time. so, i told them to come and see me when they have some free time and are thinking about making money part-time. no hurry. thats it. no clashes between friends or bad blood. no means no. they are your friends and they will come to you when they are looking. NO HURRY.. thats me.

    this is the point where problems start. BWW talks and teaches about doing it NOW. they want us to go through as many people as possible and believe in numbers game. if you show the plan to 100 people, 1 active IBO will join. so, show the plan 3 times a week at-least. that's the motto. when they asked me to go for cold contacting i refused out-right. how can i convince a total stranger when my close friends who believe in me couldn't see it.

    most of you are crying foul of people "cold" contacting you with fake smile/friendship while they want you to join the business. but everything has to do with BWW and their methods/CDs/meetings etc. its like a competition. the sooner you grow, they grow. so, they want you to grow as fast as possible. if you have to loose your friends/relatives on the way - your up-lines don't care. they say they are your friends/family. how can that be true ??

    to Kushal: I wish you luck with your business. but you have some temper my friend. who are you fighting with ?? folks on an online forum ?? you should know better than to throw stones at someone who doesn't have a name. what are you thinking.. you think you can convince everyone here to believe Amway/quixstar is good ???? seriously ?? only if convincing is that easy ;p

    to rest of the team: I know you don't approve the advertising part by randomly meeting people. I didn't do it either and extensive damage is done. people run away from Amway/quixstar like plague because some people want to get rich quick and asked their down-lines to spread the word as fast as they can. "run through people". find 1 person willing to work at the expense of 99 people getting offended by you. word of mouth advertising works both ways. bad publicity spreads faster :)

    all I am saying is: people advertised Amway really bad. people hate amway but they should really be mad at BWW and their strategies. it is unfortunate that no one really knows or interested to know what Amway model really is. all they can think of is about horrible experiences of cold contacting and repeated chasing.

    again, i am not with this business now but still think its a good model. it is based on word of mouth advertising, franchising, residual income - everything e-commerce (which is a subject taught at some universities). now add some short sighted people to do the teaching and BINGO.. screwed it up big time.

    Hi Gopi,
    Good post. But tell me why should i give a damn about either Amway or BWW? I don't.

    It is horribly insane to talk to your business ambitions to a stranger. Every person is different and I personally take it offensive when someone I don't know comes and bothers me with his/her business nonsense. I am sure there are many people who think in the same way.

    In the beginning, whenever a I came across a Desi in a mall or in a public place, it used to make me happy. Now, I always suspect that it could be a Amway SOB who is coming to me with his trash bag.

    By the way, Gopi, this is nothing against you personally.

    To all Amway street walkers, get the hell out of my way. I don't want to hear your nonsense. Period.



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