Saturday, August 6, 2011

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  • grupak
    12-13 12:04 PM
    --I think, per country quota system was framed with diversification as underlying principle, not discrimination.

    Depending on which country you are from, it may seem like discrimination or fair system upholding diversity.

    If you are from India, you would hate it. There are truckloads of programmers in that country. But if you are the only graduate with programming skills from a country like timbaktoo (?), you would love it. You also got a shot at american dream.

    This EB quota system reminds me of Caste reservation system in India. To some that is fair, to others, it is unfair. Depends on which side of the fence you are.

    Fairness or not is not the issue. Question is can it be challenged in a court? Diversity at work place is encouraged through outreach for example. But you cannot discriminate in employment based on national origin. Employers can't put quotas for employee diversity. Employment based immigration I don't think can count because part of the requirement for holding the job is that the employee have a valid work authorization.

    For example, someones H1b 6yrs runs out the without possibility of extension, you cannot cry discrimination from the employer for not hiring you beyond 6yrs. As I said, the employers don't force you to not change job or job title. People don't because they will lose their GC or spot in the GC queue.

    As an unrelated side note, the current quota system is something that has evolved from past policies some of which was used to restrict citizens of certain countries.





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  • rockstart
    02-12 12:50 PM
    Does it mean that till Oct 08 bulletin there is no point to expect anything for India EB2?





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  • voldemar
    06-26 09:23 PM
    If anyone has a URL or source of information that shows the USCIS stopped accepting petitions in the middle of the month even when the dates were current, PLEASE POST THE URL OR SOURCE.
    Logicfile, here is my understanding:
    Oh Law firm said :
    ------------------
    06/16/2007: Unskilled Worker EB Category Visa Exhausted Even in June 2007

    * This is a truly bizzare news. AILA has reported that State Department had advised the the USCIS that the EB-3 Other Worker category had been exhausted., and based on this advice, thedUSCIS HQ has informed the Texas Service Center and the Nebraska Service Center to reject EB-3 Other Worker I-485 applications even though the June Visa Bulletin shows visa availability. It is indeed a double blow news to the Unskilled Worker community. AILA is looking into legality of this action. Hmm............................................... .................................................. ...............?!................................. .................................................. ................................................!?

    06
    ----------------------------
    The link as usual http://www.immigration-law.com/Canada.html
    The source for that is AILA EB-3 Other Worker Visa Availability Update (http://www.aila.org/content/default.aspx?docid=22671)I don't have access to original AILA document.





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  • gjoe
    09-29 03:52 PM
    Please park you dollars in some tangible asset. Property is a good place to do that. If you a saving in dollars use that as your 20% down payment and get good fire sale property in US. You should know that if you wait for your GC to buy property your dollar will be worth only 50% its value or less in a year from now. If you use your dollars now to buy property you will get a good bargain and also your monthly payment will be 50% or more cheaper five years from now.

    Buy gold but not in paper but as metal and hold it so you can feel it.



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  • swo
    07-12 09:22 PM
    Well then what are you doing here in USA? Why you are not in Canada, Australia or wherever the f@@k you think is good and better than USA?

    As I mentioned, I love it in the States. But to love the States is not to say other places are not also very good. And when weighing your options between perpetual immigration and settling somewhere else, there might be value in considering other options. Which by the way, is the point of the this thread. Perhaps nuance is lost on someone of your obvious genius.

    Also, I was quoting from a set of facts related to The Economists quality of life Indexes. Helping to inform people. In addition to that, I've lived many, many years in all 3 countries.

    You on the other hand, contributed exactly what to the conversation?

    I hope you recall your message to me next time you complain about the US immigration system and they say "So? If you hate it so much, why don't you F@@K off back to where you came from?"





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  • GC_1000Watt
    09-24 02:39 AM
    based on your calculations it seems that
    sep/oct 2010 bulletin might have Sept 2006 as priority date for EB2-I.



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  • unitednations
    02-18 09:59 PM
    Aiming London shooting Tokyo that's what your reasoning looks like. There's no point in arguing\discussing based on such logic.

    You are not a messenger, you are a opponent of 485 measure, I think there is a big and clear difference between both.

    If 485 measure is not of much help, I wonder why all the poeple who have applied for 485 keep wasting there time and money renewing there EAD every year.


    Please lay out why they should allow 485 filing that is in USA benefit and the employer who is sponsoring you benefit. Employment base is not a humanitarian base greencard.

    I will list the reasons people use and then the arguments people would use against you and then you can counter it.

    1) 485 filing will allow me to change my job or get promoted and I won't be tied to my employer

    ----it is employer base system. you are supposed to work with them permanently. nothing in the law stops you from changing employers. Just get them to file another h-1b for you; get the new employer or position to file another labor for you.

    ----but the new employer I have won't file greencard or h-1b/

    ----looks like they don't need a foreigner. if they did then they would do it for you wouldnt they?

    ----i want to go back to school.

    ----get an f-1

    -----the uncertainty is killing me

    -----lucky you are allowed to stay here and wait and work. others have to wait outside usa until their number is called. you can go back home and wait for your number to get called - like spouses of greencard holders; siblings of u.s. citizens; over 21 year old children of u.s. citizens.

    -----I want to change to a totally new profession

    -----You are getting a greencard because a specific employer needs you on a permanent basis don't they? Looks like you don't have intention to work permanently for them. Nothing is stopping another employer to file a greencard for you.

    ----but i can't work for them because the job won't qualify for h-1b and they won't wait five years for the quota to get current to employ me.

    -----how come employers aren't lobbying for you? if they have to wait 5 years for you then why are we not hearing from them?

    2) I want my spouse to work. they are underutilized.

    ---- Did you know that it is a non working visa? EB greencard is to control the number of workers coming into the workforce and to not flood the market


    3) the intention of ac21 was to be free and clear of your employer after 180 days of filing.

    -------no, not really; once your number comes up and it is in the quota and we don't adjudicate it within 180 days then you can change. We still need to control the workforce and determine how many people we want to let in.
    =========================================

    One thing everyone loses sight of is that EB greencard is not humanitarian greencard. It is specific to an employer. One way to look at it is that you are not underprivileged because you are allowed to stay here and work and wait whereas other immigrant wannabes do not have that luxury.

    Now before people start raning; you need to figure out how it is in the country and employer benefit for you to get the greencard or file a 485. Your reasons cannot be against the nature and purpose of employment base greencard. If it is then it doesn't have much merit within the current law.





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  • bfadlia
    02-16 02:57 PM
    I still fail to see how country caps on Employment Based immigration serve the purpose of diversity. Look, people from India/China with H1B visas and pending AOS applications are already here, right? They are here and will be here regardless of whether they get GCs now or after 10 years. Many of them bought houses, have families, American born kids. How making them wait for years is gonna serve the purpose of diversity? You think if an Indian guy will be using AC21/EAD for years, going to finger printing every year, going through secondary security check on airports, in time he is gonna evolve into something less Indian? It's gonna be the same people but with different documents in their pockets.

    For diversity purposes there is lottery, and the purpose of that lottery is exactly that - the diversity. Also, if the government wants diversity, they should have immigration program like Canada has. Where people are issued permanent residency BEFORE coming to the country and spending years working for that country.


    bestia, the people here keep saying "i don't see the reasoning in x, then x must be wrong and should change"
    u believe US intended diversity in DV lottery only and by mistake put it in DV, FB and EB.. you are entitled to your opinion, but good luck getting someone to take u seriosly with this argument
    again..i only mentioned race when people kept saying we (certainly their race) are better and brighter, outside correcting that context i would never have discussed it this way.
    peace.. have a soccer game now.. c u later



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  • pappu
    01-28 08:28 AM
    I did not understand the meaning of this add. Please explain. Thanks!
    Such companies sell pre-approved labor certificates for several thousand dollars (I have heard 20K) and use it as a means to lure employees. Their LCs have very early priority dates and H1Bs are tempted to apply for such jobs. By mentioning LCs in their ads, they are also calling H1Bs to apply rather than being an equal opportunity employer for all people (including US citizens). All this gives a bad name for H1Bs and the greencard process. Anti immigrants use it against us in their campaign.





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  • san_visa
    08-03 02:13 PM
    I have applied (I-140) EB3 :mad: in May 06 using substitution. My case is not through yet...waiting for approval.
    My lawyer did a typo :mad: filed me under Manager/Executive category [EB3] and received notification from USCIS requesting additional evidence. The lawyer responded to the RFE.

    Hopefully my case will be processed in August 06 !
    I should receive response anytime soon I will keep you posted.

    Thanks,
    San



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  • bitu72
    10-03 06:20 PM
    1. You said Original Transcripts( i think you meant notarized copies of my transcripts)

    2. How did you guys get experience letter from current employer, probably by saying we are getting visa for our parent to come here... any other ideas???

    3. There are certain requirement for pictures to be taken, is it possible to get from walgreens or walmart.
    THERE IS ALSO A REQUEST FOR IDENTITY CARD AE THEY ASKING FOR SSN NUMBER IN THERE OR SOMETHING ELSE





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  • samay
    07-14 06:33 AM
    I have a unique situation
    1. My PD is EB3 July 2004.
    2. My wife's PD is EB2 Jan 2005
    3. I am dependent on my wife's 485 filed on July 2007. Her I140 is approved.
    4. I switched job on EAD I got from her adjustment application,but earlier company has retained my I140 application.
    The H1 from earlier company expires in August 2008.

    Question is what are my options regarding using my I140.

    1. Can i port my PD for my Wife's application, since it is 6 months earlier ?
    2. Is there a possibility that I can use my I140 whenever it is approved to get an EAD independently since I have already applied for adjustment from my wife's application and not be a dependent on my wife's case.



    1. No
    2. You cannot do that unless you applied for adjustment of status (I-485") as the primary applicant. Since your date is not current right now you cannot file your adjustment of status as a primary applicant.



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  • neverbefore
    09-23 12:02 PM
    Applause!





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  • tikka
    07-04 09:11 AM
    Originally Posted by Macaca ( add ons from forum in red)
    I am trying an outline for sending to media + lawmakers + ...

    The following is a very rough draft without reading some of the letters posted in the thread. I will read the posts tomorrow and polish it by tomorrow evening. I will need everyone's input since I don't know all the issues.

    Introduction
    Retrogression in GC process.
    What happened
    � USCIS announced at the time the forms were due.
    � Applicants started filling forms 2-3 weeks before July 2.
    � Applicants changed their schedules to submit forms.
    Advantages of EAD + AP
    Don't know all!
    � Travel without visa -> saves Embassy overhead.
    � Spouse can work.
    � Can switch job.
    Why does it hurt
    � Medical will not be valid after 1 year.
    � Rejected June filers can not file.
    � June filers did not file because they thought they will file in July.
    � Fees more then doubling
    � Name checking (which can take 1+ year) done in parallel with waiting for GC #.
    � Load balancing for USCIS.
    � USCIS which is supported 90% by application fee needs to care for applicants.
    � Very little chance of legislative relief for a looong time.

    � Many had to take MMR vaccine and hence postpone their plans to have kids by 3-6 months as recommended by NIH.

    � Lawyers who charged upwards of $2000 for filing will not refund the service fee, so candidates have to pay again when dates become current in future.

    The biggest loss is the trust, coz, next time people will not believe these mid month bulletins at all as they can come around anytime and revise the dates. So, applicants will always have to live in fear untill they receive the receipt
     Age out situations with children
     Once a child turns 21 he/she can no longer be filed with the primary applicant. However, once the I485 is filed with USCIS the child is regarded as "safe" regardless of how long the USCIS takes to adjudicate the I485.

    I have that very situation. My son turn 21 in mid-January 2008. The original July brought great relief from years of worrying about whether our PD would become "current" in time. We scrambled to get ready to file 2nd July, only to have everything collapse around us again

    Hope the info clarifies the "age out" situation!
     For "Spouse can work" we might want to word it such that it just does not look like one job less for Americans. Something like spouse can exercise the freedom to get out of the house and contribute to the American economy.



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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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  • Michael chertoff
    06-02 11:09 AM
    You are so right that ss may not be there when we need, so we should raise voice today and fight for ourselves. We pay 40-45% of our hard earned money in tax, SS, medicare, insurance, etc. and then pay another 30% in housing... what left for us ? 25%??? is that what we work for ? even if you have your own paidoff house govt. want house tax 1-3% of current value of your house every year... what the heck. all this when we even don't get fair share of job market?
    we must raise voice for NO SS, Medicare for H1b/EAD exactly same way as they say in job positing NO H1b/EAD - ONLY US Citizen/Green Card nee to apply, then yes ONLY US Citizen/Green Card holder need to pay SS + Medicare.

    You are correct my man...:)

    MC



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  • smuggymba
    07-26 02:52 PM
    This is a funny thread. My first exp with an Amway stalker was bad but after that I learned to say NO and it's funny when I ask ppl - Why do you need my fone number? Are u from Amway.........just look at their faces then..it's sooo funny.





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  • villamonte6100
    02-18 02:13 PM
    Did you ask you lawyer? It's so much easier to criticize.
    My immigration lawyer laughed when I asked about a possibility of filing WOM to force action on my stalled I-485. So I proceeded myself. Yes, I did many mistakes but I ultimately prevailed. AILF lawyer and Assistant US Attorney could not believe that an ordinary programmer can write quality legal briefs and challenge the government. Some of my friends did not bother with WOM and are still waiting while others followed and received green cards. If you think outside of the box, you can achieve something others could not.

    Congratulations!!! I think you really did a great job.

    But what we are discussing here is class action.





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  • samay
    07-15 05:36 PM
    I have a general question on an option in case of I-485 denial. I know that if underlying I-140 gets denied, I-485 is also denied. My question : is the vice versa true. ? If I-485 gets denied, will I-140 also gets denied.?

    If I-485 is denied (AC21 issue for example), can an applicant choose Consular processing on existing I-140, assuming that it is not revoked? Just like if COS is not granted, applicant leaves country and goes to consulate for stamping ?

    I do not know the specific facts of your case but the denial of I-485 can be appealed successfully. Therefore if your I-485 gets denied your underlying I-140 does not get denied.





    snathan
    08-16 01:09 AM
    Don�€™t make a big deal of Shah Rukh�€™s detention:One For The Road:Anand Soondas's blog-The Times Of India (http://blogs.timesofindia.indiatimes.com/onefortheroad/entry/don-t-make-a-big)

    One For The RoadDon’t make a big deal of Shah Rukh’s detention

    After a long time actor Salman Khan has come up with a real gem. On hearing about Shah Rukh Khan being questioned by US security at Newark, New Jersey, he said it’s good that the country has such a tight set-up. And that ``there has been no attack after 9/11 because of this.’’

    Salman has a point. SRK might be an icon to Indians and many in the subcontinent, even to the desi diaspora spread across the globe, but to America he’s just a visitor. We may be convinced he cannot be involved in anything that’s remotely violent, but the guard given the responsibility of stopping something like 9/11 from happening in his country again will want to take no chances. And what is the possibility that he’s a die hard fan of the Khan and Bollywood? Very slim.

    Interestingly, the same day that SRK was detained in Newark, there came news that the great Bob Dylan, who was wandering around Long Branch, near New York City, sometime back, was asked for an ID by two cops too young to know who he really was. When he couldn’t furnish one, he was taken right back to the resort where he was putting up and staff there vouched for him. And America is Dylan’s own country.

    Was there a furore? Not that I know of. Not even a little blowin' in the wind.

    SRK says he’s ``upset and angry’’ because it was his Muslim name that caused all this. Thousands of Muslims are made to go through extra security checks everyday in America and a host of Western countries. Is he equally upset at that? He's probably just pissed that it happened to him, India's mega star. We all know how a lot of Muslims have been subjected to prejudice around the world because many countries see terrorism as an Islamic phenomenon. Yes, it is uncalled for, unjust and maybe wrong. But America is a country that takes the killings of its people with the seriousness it deserves, unlike India whose record on this is shameful, to say the least.

    Also, because most of the perpetrators of 9/11 were Muslims, America thinks it has to be doubly careful where they are concerned. Had the terrorists been Jews, perhaps it would have looked at Jews with similar suspicion. I was much more aggrieved at President Kalam being frisked. But that’s a dated debate.

    There are two layers to the SRK incident and we must peel them off with care. One, it is quite ridiculous that Indians feel their icons and superstars are everybody’s icons and superstars. What the heck? If Jet Li came to India tomorrow, the man on the street here would probably call him ‘`Chinky’’ and not give a second look. For that matter, what if G�rard Depardieu came travelling. How many would know him? Matt Damon was here recently and there wasn’t a traffic jam in Delhi. These guys are huge back home.

    Moreover, America doesn’t have a culture of fawning the way India has. Mike Tyson was treated like a common rapist and spent most part of his youth in the slammer. Winona Ryder was sentenced to a three-year probation for shoplifting. Chinese born Hollywood actress Bai Ling was fined US 200 dollars for petty theft.

    More importantly, we are actually aggrieved because we are ``not like them’’. Well, guess what. It isn’t a virtue. We should be like them and take the security of our country and its people with solemn, no-nonsense professionalism. Frisk Brad Pitt when he lands in India next. Give Tom Cruise the same dose. Don’t spare Bill Clinton either. Isn’t he an ex-prez just like Kalam? Who’s stopping you and what’s stopping you? Colonial hangover? Or is it plain lethargy and callousness. Looks like both.

    We are just whimpering over here like hurt puppies because we feel, ``Oh, but we don’t do it to them’’. Oh no, we don’t. And it’s a scandal. We should. I’ve seen white men – and women – get away in India with murder. Indian women can’t get into some discos wearing a sari. And bouncers will frown at you if you are dressed in a kurta. Have you seen what some of these firangs have on them? No one bats a eyelid.
    So instead of making SRK’s detention an issue, we should think of upgrading our own security set-up.

    There’s a lesson in this. And it is a positive one. A day after our own 26/11, there was hardly any security at CST in Mumbai. It can’t get worse than that. The bottom line: Stop fawning, shed the colonial hangover and make no compromise where the country’s safety is concerned. Can we do that or is it too much to ask from a country that’s been free for 62 years but was ruled by white sahibs for 200?





    hebbar77
    09-04 06:22 PM
    dealsnet,

    Don�t assume that things will work like they work in YSR regime.

    If you think that, the discussion does not make any sense to you then keep away. You are assuming that IMV has compromised security. FYI, this is not a YSR forum, nor it his jagir to do a security compromise.

    True facts: I am with you on your thoughts. I feel the same for OUR country.



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