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  • Legal
    07-21 05:42 PM
    Does this mean there are not enough approvable applications. Doesnt sound right to me with 5 years of minimum retrogression and upto 20 years in case of Philippines for FB category 4.

    Still doesnt make much sense to my how even with USCIS ineffeicienes should there be a spillover.


    Once again, there are 2 restrictions in FB immigration-per country and per category. There may be 15 million Indian citizens waiting for 15 years under the siblings category, it doesn't matter. Once they reach their numeric quota they are done. That's why the numbers and waiting time keep growing.





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  • mbartosik
    12-13 11:48 PM
    Mark,

    what say you?

    In some states the courts are "Courts of equity and law" or is it "Courts of law and equity", in other words the court has a mandate to enforce fairness within the bounds of the law (NY State is one such state). This derives from English law. However, I do not believe that is the case for federal court.

    If the courts were courts only of fairness, equity, what's right, etc., yes, indeed then I think that we would win. But the courts are courts of law. In our case the federal courts are courts of federal law. Congress writes those laws, and the courts are free to interpret those law but not change them. The courts can also throw out a law (this is often appealed to Supreme court). The Supreme court's job is to interpret the constitution, and to define how the lower courts must interpret the law, or to throw back the law to Congress.

    We have next to no chance in lower courts.
    Even if we appealed through courts up to Supreme court, and win we would loss because Congress would still be free to change the law to restrict in other ways, possibly with the same effect. In the mean time we would alienate those law makers on our side. Also USCIS would be free to stop ALL EB immigration, while the Congress decided how to rewrite the law.

    In our case there is no interpretation other than the mess that we are in is the law. So the Supreme court would have to find that the law was against the constitution, which I highly doubt that it is.

    Even if the supreme court found that the law was against the constitution, Congress could enact another similar law (akin to minimum sentence), that merely fitted within the framework of the constitution but achieved the same end result. A recent example of this was when the Supreme court found that Gitmo detainees must be given a right to review of their detention. The detainees were not immediately released because they were detained without review and against the constitution, no, Congress simply passed a law allowing review by military tribunal, that complied with the Constitution, and the detainees remained detained, with a totally meaningless review (not allowed to see evidence against them etc.).

    Thus the branch of government that we need to convince is Congress (which by the way I think the Constitution or an amendment gives the right to government immigration).

    I'm not saying do not fight, just fight smart.

    To me fighting smart means going to the law makers, politely, and persuasively. It is not aggressive, it is not radical, but it is fighting wisely. So I don't think that we are backing down in the face of things that are wrong, I think that we are standing up, but intelligently, and fighting where we can win.

    It is Congress that ultimately decides, the Supreme court can only say to them, "sorry, not in compliance, try again".





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  • snathan
    01-15 04:03 PM
    No this rule is not against the H1B. Kindly read the rule. This rule is against body shopper and who do all kind of illegal activities. No pay on bench, 80-20 , no LCA ,no value addition etc etc. Their whole existence was questionable from day one. Why don't they do the same business with GC holder or US citizen ? Because they are not required in food chain of consulting. Period. Check out people from one state of India buy H1b . I will use the word buy. It's like buying air ticket along with visa fees to come to usa. USCIS is nailing there.
    Do you think that purchasing H1B visa is Okay as per us rules ? It was never legal. It is not that they made a new law or changed a rule. They just said , we know where was the hole and they put some bricks there. So your logic they will do to EAD and GC is pure speculation. Yes during second world war they arrested people with Japanese connection.
    They have not banned H1B . Period. Why I am happy ? Because now there will be direct relation between job and H1B. No illusion of fake job. Second, now only good companies will be their ( Accenture , deloitte ) and they will need H1b consultant. Mark my word, US companies can not live without H1B and they will hire H1b directly and will sponsor them.
    These companies will never bill below a low limit. The Indian body shop and their gulam agree for any rate ( yes even10$/hr for tester job ) and kills the market. It will usher a new era ( good ) for H1B. Due to these cheap desi dallas real companies never felt the need for sponsoring H1B. In my own case , the client did not give offer to perm because I was cheaper in contract to them. Finally when I resigned and on last day of my 2 week notice period client offered me to sponsor H1B. I refused as some one else had already filed my H1b and I continued there. I am happy for the beginning of this new body shop free time.

    What about the legitimate people who didnt buy the visa and due to USCIS, struck in GC black hole...? Do you have any way to segregate bad apple from good one. You just want to throw the baby with bath water. Period.





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  • eb3_nepa
    06-28 09:17 AM
    http://www.shusterman.com/pdf/aila-cis-vb.pdf


    Karthik


    Excellent link. Good research by Macaca and logiclife.

    A couple more things guys:

    1) Matthew Oh has been known in the past to be a BIT of a sensationalist. Remember this past weekend and his scare regarding the yanking away of AC-21 provisions for I-485 filers? So lets take whatever he says with a PINCH OF SALT! ;)
    2) Let us please stop these messages about how Jesus and the saints would get their GCs processed. It may very well be offensive to some of the Christian members and to some Americans reading the forums.



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  • ronhira
    01-13 04:38 PM
    So i was right GCPerm was kicked out of this forum for being EB3 ................

    Tell me something Ron . In you opinion what would freak out all the guys more and again
    - If I am GCPerm
    - If I am NOT GCPerm

    Let me know which so that i will agree to be the opposite and then hopefully the guys will calm down or not freak out more. A whole day with the guys here on IV and i am feeling like i took care of 20 bawling, crying children for the complete time. I am not sure i can do that for another day.

    Just between you and me I am not GCPerm but shhhhhhhhh don't tell anyone anything or it might lead to another round of slugfest.

    i'll not tell anyone that u'r gcperm.... ok?

    btw, no one is freaked out knowing that u'r gcperm..... i guess no one cares for u....





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  • santa123
    07-21 07:43 PM
    Best case and worst case


    vdlrao,
    You have always brought some statistics onto this forum and many of us have felt that your numbers have some logic. I want to know what your confidence level is on those stats, may be you feel on the inside that this is theory and God only knows wht will happen. Since the processes that USCIS & DOL follow is not very clear to anyone, I am curious.

    Just as you know:
    Statistics are like bikinis. What they reveal is suggestive, but what they conceal is vital. ~Aaron Levenstein



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  • senthil1
    06-11 10:50 PM
    There were many compelling reasons for recapture bill on 1999-2000. Top 3 reasons were
    1. Demand was very high and in some areas only less than 2 persons were available for 4 positions.
    2. Outsourcing was very low. There is no other way than importing foreigners. Now even if demand increases many positions are going for outsourcing.
    3.There were no AC21. So many people started leaving country after completion of 6 years H1b causing huge problems to companies and country.Companies could get recapture and AC21. Now atleast 80% of the H1b persons are willing to stay even 15 years without green card using ac21.

    Now only green card aspirants are suffering due to deley in green card not the companies or country. But country and companies are using the H1b persons by just showing green card carrot but actually not giving it.


    Dilip Dude,
    As said before by unseenguy, your case is just plain LUCK, if there was no bill during 1999-2000 to recapture and increase GC quota, you would have been still struck in BEC counting days for GC,forget Citizenship. Just because you are over qualified(or under!) than others does not make you special or get you GC faster, you just had some good KARMA, thats it...

    Anyways, your attitude of blaming others(h1/l1 etc.) for decrease in your quality of life is just plain STUPID and shows your maturity.

    I wish you are not in a managerial position, I have seen many Desi managers like you who give hard time to fellow Desi folks working under them thinking they rule the world and they are the only qualified one who knows all.

    My advice is wish good for others not bad, this will get you more good karma and maybe get your citizenship faster.. :-)





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  • ssharma
    07-06 01:17 AM
    Is there certain minimum numbers of days one has to stay with the sponsoring company after getting the Green Card.
    In my case I have been working with my current employer since Sept-2001 (almost 7 years).
    Green card labor started in Dec-2001 and I-485 was filed in May and approved June, 2008.

    I was in the middle of using AC21 just before my GC got approved, hence this urgency.



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  • BharatPremi
    07-11 12:46 PM
    The criticisms of this website are LAUGHABLE. The Economist's quality of life index has rated Canada and Australia the top countries on earth to live in, overwhelming, year after year after year after year!

    Vancouver, Calgary, Toronto, Melbourne, Sydney and Perth consistently dominate the top 10 cities in the world to live. 6 of the top 10?

    Having spent enormous amounts of time in both those countries I can tell you they are wonderful, sensible places to live.

    The index takes into account, cost of living, earnings capacity, safety, etc.

    Canada probably has one of the most rosey futures on earth. It has an abundance of resources, a tiny population and ironically, global warming is adding to its opportunities. Both countries have avoided a single year of recession since 2000, are likely to benefit for ever-higher walls to migrants in the US, and on top of that, both governments continue to operate under surplus budgets.

    Cost of living is actually far below that in places like NY and California.

    Health care, while not top notch, provides better care on average to more people than is likely to be found in places like the US. Particularly for people that are older and more likely to need it.

    Education is infinitely better. US Public schools are atrocious.

    As for the weather, well duh! :) The weather in Minnesota, Chicago, New York and Detroit wasn't that much better last time I looked! And Vancouver is mild and stunning.

    Yes, taxes are higher. How do you think these things are paid for? If you think it's a dog eat dog and you think that the state shouldn't provide education and healthcare, then that's fine. Canada and Australia just aren't for you!


    Anyway, both countries have advantages. I love the U.S. and that's why I'm here. But don't let an inarticulate and unfounded set of ridiculous statements turn you off. Do you own research and make the choice that is right for you!

    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?





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  • garybanz
    12-14 02:35 PM
    I still dont see any discrimination on the existing laws. The number of visas divided equally to all countries.

    Why not divide equally across all races? or all kind of jobs? or different ages? or color of eyes? ...left hand right hand? Yankee fans and red sox fans?

    Why not divide all the jobs in USA equally among some of the above categories?

    EEO does not say take the total pool of jobs and divide it exactly equally among all the race, color, religion, sex, and national origin or for that matter any of the categories I mentioned. EEO says every one gets an equal shot at the job.

    Do you understand the discrimination now?



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  • soma
    02-12 10:30 PM
    just lobbying won't get us anywhere, class action lawsuit would make them listen!!!





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  • illusions
    02-13 09:02 AM
    http://www.washingtonpost.com/wp-dyn/content/article/2008/02/11/AR2008021103132.html

    Well this is good news, at least there is a debate. Hopefully USCIS will go ahead without waiting for the FBI and go ahead and process the case, and not wait for the FBI.

    Or at least they will hire more resources to speed things up... i'm hoping for the latter.



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  • Edison99
    09-24 11:54 AM
    when there were no dates in VISA BULLETIN for EB2 and EB3, how the people filed 485 in the year 2008 and 2009 under EB3 and EB2 as well?
    Good Question though!





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  • lazycis
    02-13 08:46 AM
    Does any one on this forum happen to know an approximate dollar amount that would cost for if we (IV team) is planning to proceed further with this class action law suite on USCIS?? the reason I am asking for is if we have known dollar amount/target amount in hand it makes it easy for all to start contributing towards this target amount and proceed further with law suite.

    I am sure someone on IV team would create a separate bucket for this specific class action law suite task and keep track of amount that's been collected...

    Yes, I totally support this class action suite and also willing to support as mush as I can financially....

    I think the good start is to consult with Rajiv Khanna. He has an experience in class-actions/federal litigation and will tell whether it is feasible to go this way. It will cost $600 (approximately). To file a class-action complaint will cost around $10k. The rest depends on the lenght of the proceedings, but my estimate is another 20-30k. Peanuts comparing to lobbying :) IV may not want to go this way, as Mark Bartosik once explained, it may hurt its other efforts. If that's the case, potential plaintiffs can work with lawyers directly.



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  • nandakumar
    05-11 06:41 PM
    Technically I can change my country of citizenship any number of times in my life (cannot, if struck like this GC limbo) or even religion but I cannot change my ethnicity even once because I'm born into it.

    I agree Sri Lanka is a sovereign country but why did India poke its nose on the pre-1971 Pakistan and created a new country Bangladesh. Is there a different standard for different people with the Indian govt policies?

    Even If I had not got the opportunity to come this great nation United States of America, land of free and country of brave, I would have done whatever I could in India to help the beleaguered Sri Lankan Tamils and protested against the policies of Govt of India toward this issue.

    I�m upfront about showing my resentment towards my country of birth and I �don�t show false patriotism/nationalism towards India like other Pseudo-Nationalists, who internally betray India at any moment and ready to change their nationality at the next opportunity but externally portray that they are the guardian of India and it is their soul. I currently live in a country, where even burning the national flag is considered a form of protest, if someone thinks that expressing resentment to India or protesting against her policy is unpatriotic, grow up guys.

    You can say whatever you want and judge me in your point of view, I�m not going to argue about it because you don�t live a life of a Indian Tamil with hands tied of being called a terrorist, when you support Sri Lankan Tamil cause, and you cannot understand the relationship we (Tamils from India) have with the Sri Lankan Tamils, besides the people (including small babies and even some in the womb), who are getting killed in Sri Lanka by the Sri Lankan government are not your kith and kin.

    �.. If you find an issue, work on rectifying it if you have the guts. Don't give dramatic statements like " I too carry the Indian passport with shame" �.

    You don�t know me, and you don�t know what positive things me and my family has done and doing to the people of India, particularly to the farming community and you don�t know what I�m doing to rectifying issues (whatever I�m working on)�..you should be careful when making these kind of statements on person you don�t know anything about except one comment on this thread.


    Eventhough from a humanitarian point of view, I feel UPA should work with Srilankan government to work out peace. However it is not because the people being killed are Tamilians , who speak the same language as people from my neighbouring state.

    I feel sorry for all the civilians who got killed in Iraq, same way.

    Now you can't wait to "relinquish" the citizenship of a country that didn't poke it's nose into the affairs of a different sovereign nation as soon as you get the citizenship of another country that is directly responsible for deaths and horrible conditions of scroes more people.

    The only reason you are carrying a Indian passport is because it suits you for now. The only condition you are willing to ditch that is when you are sure of a better suited passport for you.

    Now express your anger/sympathy or any other emotion but don't pose as if you are doing it for the betterment of world. You put the language people speak over the country one belongs to. Remember the pledge you took during schooling? It said all Indians are my brothers and sisters. If you want to be a world citizen, no issues. People like you are of no use to any country. If you find an issue, work on rectifying it if you have the guts. Don't give dramatic statements like " I too carry the Indian passport with shame"





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  • eager_immi
    07-25 10:11 AM
    isn't it my choice. u can go back to india if u like i don't think i will stop u. Also using the same logic india is still ur home country u should go back even if GC works out.

    WHY not go back to India if the GC process fails , I mean after all India is our home country rite .(I am talking only about Indians)

    Health and Wealth are subjective after all



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  • u.misc
    01-14 10:12 AM
    This memo is a Blow Job to the anti-immigrant lobby and is politically motivated. Although this won't effect people using EAD but there are number of people who are waiting to file I-485 and would need to extend H1-Bs.

    Lets fight for the rights. A picture perfect example of "protectionism". This memo won't be a doom for Skilled workers but for USA.

    Skill have no boundaries and would find a way to success, if not in USA, somewhere else.





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  • lazycis
    02-14 05:17 PM
    Another prove of government misconduct is violation of regulations

    In addition to the aspirational 180-day deadline in 8 U.S.C. � 1571(b), the 8 C.F.R. � 103.2(b)(18) sets forth a detailed timetable for “withholding adjudication of a visa petition or other application if . . . an investigation has been undertaken involving a matter relating to eligibility or the exercise of discretion . . . .”

    I doubt these regulations were followed in thousands of delayed I-485s.

    http://immigrationvoice.org/forum/showpost.php?p=223449&postcount=3

    We have also over a hundred WOM rulings were court acknowledged that the USCIS "unreasonably delayed" adjudication of applications. Moreover, the USCIS intentionally pushed people to go to court

    http://bibdaily.com/pdfs/Mocanu%201-14-08.pdf

    "For reasons stated at the hearing and in this Memorandum, I have reached a tentative conclusion that Defendant USCIS, overwhelmed by these applications, has adopted a strategy of favoring delay by litigation, instead of developing an orderly and transparent administrative resolution. Although this strategy is often evident in private party damages litigation, it is improper in these cases."





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  • H1BinNY
    07-04 09:48 AM
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    Marphad
    03-31 05:09 PM
    Sanjay, just ignore them. These are the very same people who are taught from childhood to stab in back. They will not dare to put a post rather they type bad words in comments.



    Here are the comments I got from people when I asked Marphad to add Modi name to the list.

    * you racist hindu bastard...

    * take this nonsense elsewhere

    * xxxxxxx

    * xxxx xxx.

    * You get what you deserve. What's so "non-annonymous" about "sanjay"? You are now a minority in this country. Maybe Americans should treat you like Modi treats minorities. Maybe then you will understand the value of life. All life.

    * ??


    HUH ! ! ! Long live Democracy. And 18 people had polled for Modi as of now.





    BharatPremi
    12-13 01:49 PM
    If per Country Laws are removed in issuing Green Cards, then 90% of the employment based Visa's will be given to Indians and that too in the IT Sector.

    Mostly the country will be Indians, chinese, mexicans . The Law makers don't want to colonize America.

    There is a lot of stress that was done in making that decision

    You can challenge this but i would say, you will never win it.

    You can challenge the State but cannot win it.

    Yearly permitted H1s - 65000
    All EB ased GC applicants: 500000 (Approx.)
    As per you theory: 90% Visas will be given to Indians :eek:
    US Population: 300 million (Approx.)

    Do the math and prove me how it will be colonized ? And define the word: "Colonized"... as you were also talking about chinese and mexicans..

    yes, aim seemed to be control the Genetic Pool but your statement is way streched...