Saturday, August 6, 2011

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  • ita
    04-16 12:23 PM
    People's idea about patriotism is different.Like some folks
    Spend hours drinking in the wake of Mumbai attacks
    Say they would go back to India to fight if rumors about the war between India and Pak post Mumbai attacks is true.
    So patriotic so much so that when IV avtar feature is introduced they even upload a soldier's picture albeit for few min.
    When it comes to PM of India they would want western breed like Nostradamus kind Simon,Sweet voiced Susan or half Indian Saino.
    Can we call them unpatriotic ?NO!! .That's their patriotism what if it is a bit different in style.(No I didn't spend time digging into anyon'es old posts.Just when someon'esr patriotism seemes interestingly interesting we get to remember some things)

    Then moving to IQ:

    Some people have such high IQ that they go into the mind of the anonymous members on a forum and find out that these members think they are political strategists ,just that they did a bad job at reading the mind.(None of the members that posted in this thread said they think they are political strategists if anything they repeatedly said that they are sharing what they know.But you know this IQ thing when it's on High it does strange things.)

    Facts in politics (in general) and Indian politics in specific are intricately bonded and it's not much possible to state a new fact without stating already mentioned fact(as proof)
    For major part of 60 years in Indian political scenario we are repeating the same family to hold top most position,we are repeating same mistakes, what's mere repetition of few facts on a forum.

    ( Though no one asked me directly) As always if I think I have to say something I will continue to do so.I'm not even wee bit interested in getting into personal attacks with anonymous members on an anonymous forum That's not why I come here.Also I have nothing against anyone.If I like someone's post I won't hold back my appreciation just because they didn't like my posts.

    Now I hope they don't have a problem with the length of my post :)





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  • kittu1991
    07-16 06:02 PM
    EB2 is current now..."EB2 will be current within a year" gives an impression that EB2 which is not current will get current in one year...
    He is talking about Eb2 India.





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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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  • sidbee
    06-01 03:03 PM
    what lawsuit :confused:
    whom are we going to sue? USCIS for following what the congress has laid out....
    i guess what you mean maybe is sue the congress.....:D

    Buddy , people do win lawsuits , against the governments.

    I am not saying sue them , and get greencards .

    Lawsuit, may be possible againstcountry quota.
    Lawsuit, may be possible to recapture the wasted immigrant visas. The Law states the limit , for a year. It doesnt say that it expires on the last day of the year.If USCIS couldnt use that in a year , it should use it the next year.
    Paying medicare/ss taxes, and not getting them, is also wrong, These are not Income Taxes, we are paying for some services, which we would never get.(Just like unemployment insurance)



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  • qualified_trash
    10-23 03:23 PM
    Thanks eb3India.

    How does the current company obtain a pre-approved labor? Does it buy the pre-app labour? Or is it SOLELY because someone in the company left (whose labor was approved)?

    I was reading a lot about the controversy about why it should be stopped etc so i was wondering if someone had any documentation on why it was started in the first place and how it works

    Thanks
    a company that has had the LC approved can reuse it for someone else. that is all!!





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  • Googler
    02-16 02:30 PM
    That is one way to look at things. The important thing is, whether the Judge looks at the situation the same way. It will be tough job to convince the Judge. If you seek legal opinion from a lawyer, lawyers mostly tend to say that you have a case expecting that that lawyer will be the one filing the lawsuit (i.e. making the money). So be careful with the idea and advise from a lawyer.

    And more importantly, even if 'we have a case', do we have folks who are willing to be plaintiff in this lawsuit. Are you or Googler or chandu (because he replied to my earlier posts suggesting that we will find someone to lead) willing to be the plaintiff, or are you encouraging others (putting the gun on other's shoulder to fire) to be the plaintiff. If you see that there is chance/value in filing lawsuit, why don't you decide to be the plaintiff? Either way, if you are a plaintiff or if you know someone who wants to be one, why don't you take this to IV team.

    Say we have a case, then to go to the next step we need -

    1.) Someone willing to take the initiative/lead
    2.) Plaintiff
    3.) Resources
    4.) There maybe more that I am not able to think at this time, because I no experience of filing class action lawsuit.

    How to find what we need to file lawsuit -

    For (1.), I suggest someone willing to give out his/her name as plaintiff should contact IV. I saw that folks are discussing this on too, but that site is not a non-profit. That site is owned by some guy who is earning good money of off the ads on his site. He won't spend resources to file for lawsuit although he has made good money off of the woes of others tracking their green card case status. So the only viable option is to get IV involved.

    For (2.), if you want to see this through, then, at least one of around 180 folks who voted for filing lawsuit should be willing to be the plaintiff. If not, then someone needs to make phone calls to find a possible plaintiff.

    For (3.), as mentioned above, I don't know of any one organized effort other than IV to lead such an effort of a lawsuit.

    Sanju, while I commend the thought you have put into this, note that the thinking on this is at a VERY VERY VERY preliminary stage. In real life class action lawsuits, named plaintiffs are chosen based on how well they fit the argument in the case, not the other way round. As I said upthread, all those who want decisions, deals, money etc RIGHT NOW are being pretty unrealistic -- probably just because of unfamiliarity with the progress of cases like this. I know people want to be reassured that there is NO risk of losing, every decision node is mapped out, responsibility assigned, but if that is what anyone is thinking they have to rejigger their thinking. ;-)

    If I fit the argument that is eventually made, I'd be more than happy to be a named plaintiff. I also have no problem ponying up a significant amount of money once I'm convinced about the legal argument and the attorney in question.



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  • MYGC2008
    09-17 12:22 PM
    Here is what I want to understand.

    EB2 ROW is CURRENT except INDIA AND CHINA. EB2 ROW will get 28.6% of 140000.
    This means 40040. How they are going to divide these visa between INDIA and CHINA?
    This is NOT SpillOver. I know there is 7% rule, but other countries are always Current.

    And EB1 is CURRENT and considering Bad economy very few cases will be filed under EB1.

    What will happen to those 40040 Visa? If those spillover to EB2 ROW, we may see a large quantity of Visa numbers for EB2.

    Considering 50% of each EB1 and EB2 visas consumed by other than INDIA AND CHINA, still we should get aroud 40040 visas this year.If you furher divide 50% between INDIA and CHINA, both will get 20020, Which might be sufficient to cross 2005.





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  • vrbest
    07-16 11:24 AM
    Hi,
    I am on H1B (7th year and got extended for 3 yrs) and applied 485, received EAD from company A (140 approved).

    I am asked to join Client by Company A due to some benefits both of us would receive. But Client wont support H1 so I need to use EAD.

    Since EB3 is in very bad situation, Can I file new Perm, 140 and port my PD for EB2 using Company C for future position? I have position, salary and exp required for EB2. When should I join Company C if I choose this route?

    Thanks in advance!



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  • pmpforgc
    03-29 06:34 PM
    Thank you for your personal opinion. India was doing well when Vajpayee was PM. He is not some management honcho. It is a vision of the person that is more important. Manmohan is a learned man and has provided country with real good service but real power rests with Sonia and her son Rahul.

    Hence. Its a question of ideology in the long run and given my background, BJP govt suits me better than Congress. So I prefer Advani over Sonia.

    Hi

    I mostly agree with you about Bajpai and Sonia. Bajpai is really a visionary and was good for India.

    But we are not talking about Bajpai any more, We are talking baout Advani. He is not Bajpau and he is not visonary like Bajpai he is only Taksadhuu like all other politicians.

    I would surely prefer MODI, MANMOHAN, Chidambaram even LALU compare to ADVANI to manage India as Priminister.

    We are talking about Who should be Priminister of India, not which party should rule.

    So try to be more specific when you reply next time.

    I dont go by Party, even in BJP in Gujarat Keshubahi was Worst CM for state where as Modi from Same party is really good. so we should look at who will manage country in the end. I agree that Bajpai and Manmohan has done good job. But not Advani he should be even next to Mayawati in line to be PM !!





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  • bitu72
    09-29 10:24 AM
    Does any body have information if we need H1 to be valid for 1 year before applying for PR. Mine is expiring in april 06, can i apply now. will they reject it and i have to resend when i get my extension...please responds...

    this just a fallback scenario i need to prepare.. also can people work on TN visa without a sponsor..



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  • sumagiri
    07-23 08:04 PM
    Yes i am very much implying that ..EB2 PD was 02 in Dec, 01 in Jan, Unavailable in Feb-March 08. So there where very few visas given to EB2 india in first 8 months. Same with China went back to 03 in Dec and stayed there for most of the 8 months period.

    From Dec 08 Visa Bulletin

    Sachug22,

    It may be simply because EB2 numbers are used up fast for the quarter. It is right now a blind spot and an estimate of what happened depends on perspective.

    Any how, you brought up a new perspective so gave you a green.





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  • gauravster
    06-05 11:58 AM
    EB is based on employer's need and sponsorship. Even AC21 is a deviation (in our favour) after 180 days wait. That seems fair, as permiiting you to ditch sponsoring employer soon after your filing for permanent residency could lead to fraud.

    Any suggested change should not appear to be too much deviation from the original intent. Best potential seems to be for USCIS to communicate preadjudiation decion to clients without waiting for the visa number (stating that the decison letter could be used for GC benefits, such as those given by EAD & AP, until such time formal GC card is issued, which could be done when visa number becomes available). This should reduce USCIS workload as they will not have to keep on working same cases again and again with frequent requests for FP, job confirmation letters, etc.

    It is not fair, as this is happening to only people from one/few nationalities. For it to be fair, it should be the case with everyone. It is only fair that once it is proved that a person with the requisite skills is needed and not available among the US citizens, these people should be allowed to move freely so that they are not exploited.

    The only way to prevent fraud is to make the initial process of requirement more robust, unfortunately, there is not much that can be improved. Make the process easier and we increase fraud. Make process more difficult and we increase rejections for genuine applications and affect competitiveness. Its is fine line. delaying at any later stage based on nationality is outright unfair to those nationals and potentially could be termed racism.



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  • the_googly
    07-23 12:48 PM
    I posted this message on another thread and got slammed - :confused:. All the discussions here are just speculations.. no one really has access to real numbers.. so take it easy this time :p

    As we do not have any real numbers my predictions are based on EB2 numbers from (assuming the data to be a true random sample)

    Here are number of EB2-I I485 pending cases by year

    2007-100
    2006-150
    2005-125
    2004-200
    2003-50 (250 have been approved)

    USCIS has approved about 450 EB2-I cases last year. A conservative estimate of approval rate going forward would be 30 cases per month. Based on this the movement..
    2003 cases will be approved by Sep '08
    2004 cases by Apr '09
    2005 cases by Sep '09
    2006 cases by Dec '09

    Good Luck !!!





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  • ash27
    04-02 11:48 PM
    Some time back when I asked my chinese colleagues to join IV they commented that immigrationvoice.org is an "indian" immigration forum...

    No wonder they felt that way.
    Sk2006, you seem to have an issue. What is your problem if other people want to share their thoughts through this collaboration platform. I told u earlier that if u r not interested, don't go through this thread. If u are sincere, then u will not reply kiddishly and will act sensibly.... Grow up dude....



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  • sertasheep
    07-03 05:28 PM
    Can any IV member write to me with the following detials, if you have this info , please:

    Of course, we need a reliable source to be cited.
    1) Has it been reported anywhere in the media on how many applicants may have been approx. affected by the Visa Bulletin fiasco? All I have heard is "tens of thousands"
    2) Any good estimate on how much expenditure may have been incurred..i saw somewhere that it was $300 mil?

    email: sertasheep at immigrationvoice.org



    Sertasheep
    SuperModerator





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  • venky321
    01-14 12:25 AM
    Is this Memorandom final?

    If yes, then the options for them whose employer is consulting company and the employer is not direct vendor to the client are as follows:

    1. If status is H1B, then join direct client of the employer or switch employer having projects with direct clients.
    2. If maintaing H1B status and also have EAD, then switch to EAD ASAP because this Memorandom is for H1B (renewal/extension or Change).

    Don't think working for the direct vendor will help. Read page 6 of the report; it will be hard even for the direct vendor to show control over the employee.



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  • shukla77
    05-29 04:38 PM
    Following is my small idea

    -Let us only 100-150 people work on this. More than that is unlikely among us united high skilled immigrants:)
    - Send 5 letters every weekend.Send one letter to president and 4 to different senators/House of rep..Not email but regular mail.
    -continue on this for next 3 months
    ( Key is to keep doing this every weekend 3-4 Months)



    To start with i suggest on having a separate quota (not counted towards 140,000) for Masters/PhD students. That should ease most of the pain.

    If anybody has other bright ideas, feel free

    Channel your outrage on a positive action item





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  • samay
    07-15 05:10 PM
    Dear Attorney,

    A million thanks for this website. I have a unique problem and I humbly request your expert advice on my situation.

    I am a physical therapist from India who got 221(g) after H1B interview. 221g tells me to take and pass the physical therapy licensing exam before they could issue the visa. I have Visa Screen certificate from CGFNS, educational equivalency report and approval letter to take NPTE exam(licensing exam) from physical therapy state board of Maryland.

    The problem is that, licensing exam is offered only in US mainland and to take the exam they should have given me H1B visa. I even submitted to the consular officer, USCIS memo on H-1B Specialty Occupation Licensure Requirements dated March 21, 2008 regarding 1 year temporary approval, still she gave me 221g.

    One more interesting thing is that 3 of my friends who had the H1B interview with the same set of documents and without licence, with other consular officers on same day, was stamped visa without a question on licence.

    Kindly advice me if there is any way I shall sucessfully appeal on 221(g) and get the H1B visa stamped. Thank you very much in advance and god bless you. With lots of regards,

    John
    Do you have an attorney. If yes then contact him if not then please contact me and we can discus your successful appeal.





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  • acecupid
    07-17 12:03 PM
    Is it accurate to say that new way of allocating spill over visas effectively acheive same effect as eliminiating country limits?

    I suppose the new way of allocation has similar effect to eliminating country limits within a category i.e. EB1 or EB2 or EB3 but not across the board





    smuggymba
    08-02 09:52 AM
    Guys! This is getting interesting. Guess what I found!! Now you can find out the names of your local friendly Amway Independent Business owners!!!

    Go to https://www.amway.com/Shop/Registration/CustomerRegistration.aspx?Country=US

    Scroll down to the section titled "Benefits of Being Affiliated with an Independent Business Owner", select "Show me a list of IBOs in my area that I can select from".... put your zip code and voila!!!!

    I put my own zipcode 94536, and most of the names are desi. Confirms my suspicion that there are more desi's sucked into this than........

    Now post what you find in your area!

    Totally coincidental but all of IBO's in my zip code are Chinese. I know 2-3 desis myself who approached me in walmart and ikea.





    Amma
    08-15 01:31 PM
    Why so much ruckus for SRK ?. After all he is a actor in India. So many actors are having connections with Dawood Ibrahim. So , nothing wrong for extra questioning.


    But Indian immigration will not do such things to foreign delegates. They treat them like gods.Everything will be bypassed.

    This is the difference between us and US