Friday, July 1, 2011

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  • msp1976
    02-18 10:19 AM
    UnitedNations,

    Your argument about immigrants favoring their kin for the employment based immigration is true...and you say that the USCIS would increase the scrutiny of each application...But it is a fact that a majority of our members, I would estimate 80% or more would very well stand up to a rigorous scrutiny...You see a lot of Indian coming in on EB immigration not because they have some kin here in US to sponsor them but because of the fact that there is a massive skills buildup in India as a effect of several favorable factors like...
    1. a large education system producing a large number of graduates...
    2. increased awareness in the population of the capability of technology wiping out their poverty...
    3. large hungry young ambitious population who toughen up in cutthroat competition...

    So I say let there be increased scrutiny.....If there are larger numbers allowed of EB immigrants even with rigorous scrutiny and prompt processing.....My particular group would emerge as a winner....

    During my education in India I have gone through so much scrutiny, I am not afraid of any scrutiny any more....I welcome it.....


    Now; some people may not like this posting. However; you need to have as much information as possible in order to strategize and talk to various decision makers. Some of them might sit there and listen to you but then when they start studying the situation they might come to know what I have posted here. if/when quota increases, it will probably be because when the intial 140,000 was set; the economy was at a different stage, population was at a different stage. The increase would probably just follow market realities (population is more then what it was when 140,000 was set and we need to adjust it accordingly).
    Reply With Quote


    When the cap is revised, I agree that 'the increase in net population' is one parameter in decision...
    But that should not be the determining dominant parameter....

    The dominant parameter should be the change in the US demographics and the needs of the US economy...Millions of baby boomers are gonna start retiring soon....The cap has to increase keeping that in mind....

    The projections of manpower deficit due to demographic shift are in millions......

    If you want to maintain the same standard of living, you have absolutely no option but to import more skilled labor....and lots of it.....


    America is barely producing babies at replacement levels and between 2011 to 2032 ...... 77 million baby boomers( people born between 1946 to 1964) would need to retire or phase out involvement in active labor force....
    http://www.teamncpa.org/main/news.php?ItemsID=165

    Doggone illegal mexicans would not take care of your high end requirements ... That is just fact of life...Now you tell me how much the EB cap should be .....


    I understand that Americans are concerned about their jobs and the whole argument... But look into the future...
    If you stop this immigrant flow and I am not talking about the mexicans...Your standard of living would undergo revision on the great depression scale on the scale of 1930's depression....You would have economic contraction rather than expansion...This would become a country of old geezers dying of hunger......
    Please forgive me for the harsh choice of words....But someone has to show you the mirror...





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  • GCA
    08-17 01:47 PM
    Collin Powell incident is America's problem. Even after the civil rights movement and equality to Blacks, they are still having discrimination. Just ask Black people in America and how they feel in their daily life.

    So according to you by coming to America we should forget India because you will call us traitor? Have you heard how Jews in America are so strong and care for Israel even after becoming US citizens?

    The fact is Indians are responsible for their own problems and greencard woes. They want to live in this sorry state and blame everyone else around them except themselves. They do not have any pride in their roots and thus flee their own country. They do not come to this country for betterment of their skills, education and experience but because they want to flee the country. There maybe exceptions but this is what I have seen in Indians who are on H1B or who have become US Citizens.

    There could be several reasons for people coming here. But most and primary reason is making some quick money and returning back. And a good portion of that money goes back to our motherland to prosper. People didn't flee the country. They flew out of the country because their skills are valued more elsewhere - its simple demand supply economics that made/makes our skills more valued outside - I don't want to eloborate more and hurt someone which definitely wasn't the intention.

    IF we are after the GC, its purely for the mobility and assurity it provides and not for the path to citizenship. Though most of them want to return back, we still want the GC so we call the shots and not the INS. Long story short, no one is a traitor. They are just common 'smart' people - yah, they are common from the land we come from.





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  • retropain
    08-03 03:35 PM
    don't even think about it. It is grossly unfair to people whove been waiting in line for years.

    I don't mind substituion per se as long as people get new priority dates.
    IV- we should have a poll on whether labor substitution is fair.





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  • ras
    07-06 02:49 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.

    I think if you are with the employer and your GC got approved. You probably ought to work for the employer atleast for 6 months to one year. If you could have used AC 21 already before approval then things would have been different.



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  • snathan
    03-30 02:55 PM
    If congress would have done it's job properly 60 years back, there was no need of nuclear deal now. The comment you made makes it pretty sure that congress was a failure since last 6 decades. The benefits of current nuclear deal will be in next 2 decades. So what poor people of India eat in next two decades? Will you tell them that don't worry...hang on for next 20 years. Also do you know the case of Enron and how politicians of all colors made fool of people.

    Again...I am not supporting congress. Yes, we didnt have anything for the last 60 years. Because of MMS we are going to see something in another 20 years. Is there anything you can give me Mr.Advani's vision about it. Even after fifty years.

    Whether we like it or not....nothing is going to change for the common man. Advani, Jaya, Karuna, Maya and mulayam all are same shit but different a$$ h&^e.

    I am supporting MMS because he is not a politician. Chose the less evil. nothing else.





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  • gjoe
    02-15 10:56 AM
    You can pack your bags and leave. You are here by your own choice, and work within the legal framework of the country. You are free to leave when you please.

    The slavery argument doesn't hold.

    jazz

    This country is against slavery of mankind in any form ( atleast that is what they preach to the rest of the world).Knowingly or unknowingly they have setup laws which virtually make us slaves. If you are inviting high skilled workers you better make sure you have the laws to protect your businesses (employers) and the workers (us) in a fair and balanced manner. The conditions should not be such that either one can exploit the other. But currently we are almost used as slaves due to loopholes in the law and ineffeciencies in the immgration agency which allow the employer to exploit the high skilled immigrants.



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  • gopinathan
    07-28 10:59 AM
    Jayleno - me thinking sane is the reason you didn't hear from me in any malls/WM :) but I was a minority in BWW who believes in waiting till you find like minded people who are looking. cold contacting is just going against human instincts. you can't simply talk to a person about something to get his phone number and call them about this business next day. that is a reg flag right there. i couldn't do it and hence not with this business anymore. many of us are not ready to think about making millions in few short years. some people need to understand that you can't rub that idea with force on another human being.

    in BWW terms, i was a quitter who can't take the business to the next level because I was afraid of rejection (getting a NO from prospects)..

    I think you are one of the most sane Amway guy I have heard from. Thanks for all the explanation. Now I know I have a problem with BWW and their approach not Amway. Looks like they are good brainbleachers.





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  • unitednations
    02-14 11:49 AM
    Is there any proof that there are even are unused visas? I find this topic a rather moot point.

    With India, China, The Philipinnes and Mexico all being oversubscribed, they appear to be reaching their 7% limit. With all the countries in ROW I doubt if any one country is even vaguelly reaching their 7% limit.

    With the obvious retrogression across the board, it just tells me that there isn't anything spare to share around in whatever direction.

    Am I just totally missing the point?!

    It is an important topic.

    Reason is:

    2005 and prior; certain countries went over their limit. If they hadn't gone over their limit then EB3 would not have gone unavailable. If EB3 would not have gone unavailable then EB3 ROW would have much more advanced dates. Countries cannot go over their 7% limit now until ROW eb3 essentially gets current. If they had done it in the past then maybe eb3 row would be current and the other countries can go over their 7% limit and their dates would also have advanced. Due to what happened in 2005 the dates are further back for everyone then they should have been.

    How it is working and how it is supposed to work is important in people making their decisions; ie., should i file in eb2 or eb3?

    What is impact by eliminating the 7% limit

    What would happen if there is 485 filing without priority date being current and there is a hard cap of 7%. There would never, ever be unused visas for china, india. They would have never ending retrogression.

    For people who constantly watch visa bulletin; the dates won't move forward until fourth quarter when eb1 and eb2 visas get spilled over.; so no sense in waiting for it so eagerly.



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  • amitga
    02-15 08:32 AM
    Very well said & I just feel the same...I have already lost hope on this GC and can not predict how long its going to take but for sure before I leave this place and go back to home country I will contribute my best of share in this fight for justice and full support...count me in with out any doubt!!

    The current situation is a gross voilation of the constitutional right of employment at will. This amounts to Involuntary servitude which is a more techincal term for slavery. Read yourself the definition of both and make your own judgement.

    In my view (though crazy and totaly impractical) the law suit should be against all the employers because they are the one who represent Govt/USCIS in processing our Green cards. Employers told us that we will process your greencard and you will be a PR in x number of years and now that x is infinite.


    http://en.wikipedia.org/wiki/At-will (http://en.wikipedia.org/wiki/At-will)

    At-will employment is a doctrine of American law that defines an employment relationship in which either party can terminate the relationship with no liability if there was no express contract for a definite term governing the employment relationship. Under this legal doctrine:

    “ any hiring is presumed to be "at will"; that is, the employer is free to discharge individuals "for good cause, or bad cause, or no cause at all," and the employee is equally free to quit, strike, or otherwise cease work.


    http://en.wikipedia.org/wiki/Involuntary_servitude :

    Involuntary servitude is a United States legal and constitutional term for a person laboring against that person's will to benefit another, under some form of coercion. While laboring to benefit another occurs in the condition of slavery, involuntary servitude does not necessarily connote the complete lack of freedom experienced in chattel slavery; involuntary servitude may also refer to other forms of unfree labor. Involuntary servitude is not dependent upon compensation or its amount.





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  • Jerrome
    05-11 04:55 PM
    Correct! And it is not even a "Civil War". It is really a war ti erradicate terrorism from Sri Lankan soil. The term Civil War refers to a war between people in a country. The SL government is not waging a war against it's Tamil citizens but against a terrorist group.

    Whoever is supporting the SL govt. Do you deny these facts. From 1948 various SL govts been using different approaches and policies to discriminate Tamils in SL,Now it is in the name of fight against Terrorism.

    Ever since independence in 1948, government policies have systematically violated the social, economic and cultural rights of Tamils: through the disenfranchisement of the Indian Tamils, through state sponsored colonization of the North-East by Sinhalese settlers, frequently accompanied by forceful eviction of Tamils, through a discriminatory language, education and recruitment policy which pursued but one aim: the Sinhalization of the state. Today, more than 90 % of civil servants, and 99 % of the security forces are Sinhalese. The politics of �positive discrimination� of the Sinhalese appears presently to be transformed into one of long-term exclusion of the Tamils because of proven incapacity. For what reasoning other than to eliminate the formerly superior Tamil competitiveness once and for all, while prolonging, even cementing Sinhala domination well into the next generation, can be adduced to explain the surplus of 14 000 Sinhala as against a shortage of 10 000 Tamil medium teachers, the lack of the most elementary school equipment (over 120 000 desks and chairs in the Vanni alone); a teacher pupil ratio of 70 to 1 in Tamil areas as against 22 to 1 for the rest of the country? The results of this outright violation of rights manifest themselves: in the competitive examinations for the Sri Lanka Accountant and the Administrative Service at most two Tamils were selected each year since the early 1990s!



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  • ryan
    08-17 01:56 PM
    Why do you think he is talentless? Just because he is not an ivy league or not a doctor? He is extremely talented. .

    Due respect Chanduv23 - I believe there are a million and more who've done better and fought tougher battles. I'd think some of them are here on this very forum. I may not have had an opportunity to grow up in India - however, I'm pretty sure - in fact quite certain, the sort of b'wood trash dished out, is nothing representative of Indian culture and ways of life. Most of the stuff encourages ills of American pop culture and feels desperate to the point of being foolish wannabees - and you know what's really sad -- that people from a nation with such incredibly history & culture need the feel to ape ills of American pop culture and the likes. As for Shahrook Khan - the man CAN'T act - unless you think some sort of speech disability, lip-synching songs (sung by folks with actual talent) and running around foolish women in skirts is talent and form art?! I wish the admins would remove the silly post from the forum.





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  • chantu
    03-30 02:48 PM
    If a Italian citizen controll the major Party of India; why not a Brazilian knows more?:)

    Any way I will update soon....

    That is the tragedy of India. Except Indians everybody has ruled India and still people have no remorse, no self respect.



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  • TeddyKoochu
    09-17 03:23 PM
    I wish the statement is true.

    I think your friends cousin got the card by mistake, that does not mean that it will see a significant moment for EB3 I. The only possibility is if USICIS wants to recapture the unused visa numbers over a period of time, then EB2 I, EB3 I all move together.

    Arun thanks for sharing the news & congrats to your cousins friend, may well be one of the cases of successfully porting PD.





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  • Macaca
    07-03 09:27 PM
    Done.. Thanks.
    Ramus and Tikka,

    I did not follow the 100 page thread. It has more issues that I must have missed. Please collect them and keep checking if I missed any issues. Thanks!



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  • newtoearth
    05-03 12:14 AM
    ...





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  • saileshdude
    05-29 03:42 PM
    I am not sure if I agree with doing two things at the same time. We can try to solve 12 things at the same time, but at the end are we effective? As an organization,If by focusing on eliminating EB1 fraud gives us significant advantage in short and long term then I am all for it. Numbers do not suggest that.However if we focus our energy on legislative fixes to eliminate the backlog, most of the categories will benefit.Question is do we suggest 20 things and dont complete anything or take one important initiative to the finish line. In my limited experience, I have seen second one works better.

    Reporting to USCIS about possible L1/ EB1 fraud should not take too much efforts so as to impact the effectiveness. Its just about bringing to attention to the USCIS about the possible misuse of EB1 by these consulting firms. Ultimately its upto USCIS to make a judgement about a particular case but with our help of informing them this is happening will make the adjudicating process tough for these people.



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  • TomPlate
    07-03 09:36 PM
    Can we organize a skype conference chat. Please let me know.





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  • BharatPremi
    09-24 06:35 PM
    How is assigning Visa number different from issuing Physical green card (they may be two step but once you get a visa number assigned you get physical green card in few days)

    Can you prove that the concept is false, this is plain interpretation of visa bulletin notes and the law.

    You also know what I am stating. You already have heard the word"Pre-adjudication" which means "To assign number" based on monthly bulletin based EB table dates and then put a file on shelf to eat dust till USCIS can "approve 485" /"Send Physical greencard" based on Prority date becomes active based on "country specific limit"

    If assigning number is almost equivalent to granting visa in a few days then there should not be hundreds of applicants waiting in "pre-adjudication" queue. We all know that many people have been pre-adjudicated and now they are just waiting for their physical GCs.





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  • Googler
    02-16 04:24 PM
    Note that early PD applications of all categories will be freed from the FBI Namecheck blackhole, so the old situation of not-stuck later PDs getting greencards because early PDs were stuck won't happen any more. That is what created the mad, lottery like situation. So there should be slow cutoff date movements in future barring yet another f&#$ up by USCIS.

    When a category becomes "Unavailable" it means that the entire annual supply for that category has been used up for that fiscal year (which ends Sept 2008). Given the degree of the EB-3 ROW retrogression, I very very much doubt there will be ANY spillover from ROW to India. At present, DOS plans to move EB-2 India only if EB-1 India has excess visas. The quota for for EB-1 India is 2803 (including dependents) in any fiscal year. So let us consider some scenarios -- say half the EB-1 India are available, so 1401 are given to EB-2 India -- do I think there are 1401 EB-2 India applicants with dependents ahead of me -- average family size of 2.2 means approx 636 applicants? Yep! No doubt about it! Hell I'm sure that there are 2803 EB-2 India applicants ahead of me.

    Remember also, that the DOL backlog was FINALLY cleared. All those unlucky people with PDs even earlier than mine were FINALLY able to file their I-485s. They are all in the mix now and deserve to get their greencard before I do.

    The earlier situation with the FBI blackhole meant that USCIS could rob Peter (stuck w, early PD) to give greencards to Paul (not stuck w. late PD), hence the wild movements in cutoff dates and the idea that oh, my date will come any day. Now we will really feel the supply constraint, there simply aren't enough greencards to satisfy long retrogressed EB-3 ROW and the permanently oversubscribed countries. Which means that recapture is the ONLY that too partial solution for this mess. Everything we do should be towards achieving that aim.

    And then there this piece of info from Ron Gotcher posted on Feb 14, 2008
    http://immigration-information.com/forums/showthread.php?t=4285
    "Last night, at a meeting of the American Immigration Lawyer's Assocation Southern California chapter, Charles Oppenheim spoke. Mr. Oppenheim is the officer within the Visa Office tasked with calculating visa bulletin cutoff dates each month. He offered the following thoughts as to cutoff date movement in the upcoming months:

    In April, India and China EB2 will be set at 12/01/2003
    EB3 for India and China will slow down for the rest of the fiscal year."

    I am riveted by this because I spoke to Oppenheim just the day before this meeting (he referred to it). This was the conversation in which he told me that at present EB-2 India would only get numbers leftover from EB-1 India -- the problem is he doesn't know either exactly how many EB-2 India adjudicated applications there are in any specific PD range -- so every month he makes wild guesses, with the intent of using up visas. So I guess at least as of 2/14/08 he thought moving the date to 12/1/03 would more than mop up whatever was leftover from EB-1 India. Given the end of the FBI boondoggle (the effects of which have not been quantified by Oppenheim or USCIS) I'd predict that even a date in early 2002 would be good enough to mop up. Let us see if he changes his mind by mid March.





    newtoearth
    05-03 01:51 AM
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    venetian
    09-15 07:16 PM
    Two of my friends with 2005 EB2 PERM got the 485 approval using their 2003 EB3 PD (which were struck in backlog centers).

    I assume many 2005 & 2006 EB2 PERM would have done similar PD porting and would have got approvals.



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