Monday, July 4, 2011

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  • mbartosik
    12-13 07:16 PM
    As you use the phrase Check Mate....

    Chess is all about thinking strategically several moves ahead.
    Given the current political climate on immigration I think that we will be in a check mate position (on the loosing end) if we pursue that road.

    The anti's would be all over us as soon as we filed in federal district court probably even before a hearing, and definitely after a hearing. If we lost in lower courts the Supreme Court would probably refuse to hear the appeal, in the mean time we'd have just stirred up the anti's hornets nest against us, just as much if not worse than against the illegals.

    Asking Congress to make small changes in the existing laws annoys the anti's. Telling them or forcing them to wholesale rewrite their laws would make us public enemy #1. We would be lucky to have more than a handful of law makers willing to stand up for us. It would kill off all lobbying ability.

    Think of lobbying as polite negotiation.
    Think of Supreme court case as picking a fist fight, in which we are badly out numbered.
    Once you have started a fist fight it is much harder to negotiate, especially from a loosing position.


    I would rather negotiate than fight, I would rather lobby than court challenge.

    So yes, check mate, if we follow this route.
    Alternatively, a British phase: Royally screwed!





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  • nogc_noproblem
    07-16 01:37 AM
    That means, the horizontal spill-over (EB1->EB2->EB3) is the way to go and EB2 I & C will move forward healthily until it becomes current.

    So gurus,
    The progress has been better than this analysis - so where does this leave us?
    Any more thoughts?





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  • kate123
    09-25 07:14 PM
    Here is the link:
    Visa Bulletin for July 2008 (http://travel.state.gov/visa/frvi/bulletin/bulletin_4252.html)

    Here is the snippet from http://immigrationvoice.org/forum/newreply.php?do=newreply&p=966830

    Section 202(a)(5) of the Immigration and Nationality Act states that if total demand for visas in an Employment preference category is insufficient to use all available visa numbers in that category in a calendar quarter, then the unused numbers may be made available without regard to the annual per-country limit.

    It appears that DOS does spill-over every quarter.





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  • akred
    02-15 11:11 PM
    oguinan,

    Paragraph 1 of Article 1 establishes the definition of racial discrimination for the purpose of the document. Paragraphs 2 and 3 limit the operation of the convention. As to why paragraphs 2 & 3 were included, perhaps they were required to get countries to sign on to the convention.

    Here's a better link. Read under Modern Racial Exclusion, excerpts of which I have posted below.

    http://academic.udayton.edu/race/02rights/immigr09.htm

    ...similarly situated persons (e.g., siblings and children of U.S. citizens) may face radically different waits for immigration depending on their country of origin, with accompanying racial impacts.

    The law created a new immigrant visa program that effectively represents affirmative action for white immigrants, a group that benefitted from preferential treatment under the national origins quota system until 1965. Congress, in an ironic twist of political jargon, established the "diversity" visa program, which though facially neutral prefers immigrants from nations populated primarily by white people.

    The link to the CERD report is here. The convention does not address the country limit directly as the convention expressly does not apply in that area, but it does show that there is awareness about the discrimination faced by immigrants. http://www.unhchr.ch/tbs/doc.nsf/(Symbol)/6d8aee7e356e6498c1256d4e00557f3b?Opendocument

    You can see that the UN panel is aware of the fact that racial discrimination manifests itself in disproportional representation (note the reference to the composition of the Supreme Court). It can be argued that the 7% country limit provides a pretext to discriminate against India/China/Mexico on the basis of ethnic or racial origin, and as such would run afoul of the convention.



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  • jsb
    06-05 03:49 PM
    I guess many have mentioned this before.

    Diversity should not be based on "country" as well. For example I can easily say that "India" has to be considered as "20 different countries", if it divided based on diversity. And probably many of the europian countries combined should be "1 country".

    Means if the diversity quota is 100 per year, to call for proper diversity.....
    2000 for India...
    100 for many of the european countries combined....

    (Note: I didn't mean "ALL of europe", I know that whole Europe is pretty diverse as well...)

    Country based "diversity" doesn't make sense at all.

    We are not discussing justifications of US laws. We are trying to find ways within the existing laws, for speeding up our cases.





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  • gc28262
    05-31 10:17 PM
    WOW... what a logic... what does Indian Govt. has to do with this money when this is taken out of my pay cheque.
    When I take this money back to India I probably would end up paying some taxes on it... not sure what the logic is behind this... (again I do not undertsand the full details behind it).

    I think this is a requirement from US government that countries that need a SSA agreement with US needs to have a Social Security system.

    Asking our SSA and Medicare back is a good strategy which will benefit us one way or other.

    1. We will have an option of claiming our money back if we decide to return.
    2. US gov will be forced to come up with a solution for our eternal wait for GC as US cannot afford to lose so much money from SS and Medicare funds.



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  • illusions
    05-01 06:45 PM
    As a fellow Sri Lankan and a member here at IV, i'd request u guys stop posting opinions and views here on a Immigration Forum.

    I'd like to request that the Admin to please close this thread as it is irrelevant to Immigration. If any of you would like to discuss politics then please do so in another forum that is meant purely for that purpose.

    Some have written some harsh remarks about SL, without even knowing the facts, i for one take some of them personally.

    I'm not here to say that i agree / disapprove anything that any of you have said, i'm just saying that there is a place to discuss these issues and i'm sure the Admins here also agree that this is not the place for politics.

    Appreciate you consideration.





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  • mariusp
    02-13 02:28 PM
    What ever gave you the idea that EB ROW only wait for 3 years? There's this common misconception flying around here that somehow ROW just cruises by and we get GC handed to us on a platter when in fact up until yesterday EB-3 ROW was just as retrogressed as any other category not to mention that labor (pre PERM) and name check delays affected ROW just as much as everyone else. For instance, my brother, who is EB3-ROW with a PD of Dec 2002... and has been in the US since early 2000 and is still waiting in line...so do the math.

    We're all in this crap together, some worse than others... so let's stop with this ROW Vs India & China nonsense. Country quotas are unfair and frankly the entire GC process is unfair and unpredictable... We should aim for solutions that solve this issue in a comprehensive way, not by dividing us even further.


    Per country quota is what is killing India/China.. and that is the fact.. on an average ROW person waits for 3 years whereas India/China wait for eons.. as WD said if some one wants diversity go apply for a lottery or for better seek asylum... :mad::mad:



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  • krishmunn
    07-27 02:21 PM
    Nobody is misguiding anyone. Talk to your lawyer and find out. Amway doesn't offer you employment.
    What you get is 1099-MISC the same you get for your stocks and investments. Talk to your lawyer and find out.

    So you think Murthy folks are wrong ? BTW, attorney Khanna also says the same.

    You should first learn that there are different type of 1099. The one you get for Stocks and Investment include 1099-B, 1099-INT, 1099-DIV. Your Amway bosees will not inform you about these as they want your money.


    If you lawyer has said that you are OK with this unauthorized business I suggest -- change your lawyer.





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  • BharatPremi
    12-13 02:21 PM
    Well, interesting topic and here are my 2 cents.

    i just googled for a minute, for the definition of "Equal Employment Opportunity" by Federal Government and the result is as below
    [U]Equal Employment Opportunity (EEO)
    ......................
    Satya
    India / EB3/Nov2003/

    They prefer to kid us saying "hey non immigrant,you are not a citizen yet"



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  • krishnam70
    07-10 06:58 PM
    yes there are numerous articles about that too. Atleast for IT folks things are ok





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  • grupak
    02-13 01:34 PM
    Finally you hit the nail on its head. That’s why the per country limit is there so no one country with larger population can monopolize any agenda the way you are trying to do with IV.

    I don't understand this logic. We are talking about employment based GC.

    Lets be clear that we are talking about people who are employed in the US and their employers have sponsored their green cards (except the EB2-NIW, EB1_EA). These people are employed because of their skill at jobs not their national origin.

    Are you suggesting that somehow people of some countries have monopolized the foreign worker pool by born in the same country and NOT because of their skill.

    Since we are talking about a privilege and benefit that comes from being employed in the US, you are actually suggesting that US employers should consider country of birth and not just skill in the employment.

    Tell me how did the Chinese, Indian, Mexican and Filipino workers unfairly monopolized the foreign worker pool. As far as I am aware, these countries have large populations and a lot of Science and Engineering graduates happen to be from these countries.

    The country cap makes sense in family based immigration system when extended beyond the immediate family members. IV is not for FB GC issues.

    Again, employment in the US is based on skill not country of birth. The foreign workers are here because they are needed, and US will benefit by keeping these skilled workers long term. What IV is doing benefits all employment based GC.



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  • netnerd
    10-03 10:41 AM
    Dear Friends,

    As of current law, having Master's is NOT exempt from the cap regardless of being EB2 or EB3. While IV is trying hard to get this included in a future bill, this is not the case as of now.

    Hope this helps.

    Did yo umean if new law pass them EB3 is exempt from cap? can you give me some refrence. Also you must have master from us or other country is ok?
    Thank you for your help.





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  • krishnam70
    07-10 01:42 PM
    Wish you the very best byeusa......

    I might be moving to Canada next summer if there is no progress in my case here...My PD is Nov 2003 EB-3...I got my Canadian PR in May 2005 and I have until May 2008 to move.....So keeping my fingers crossed..I too work for a Canadian company in US.....Wish you good luck...


    we have until july 2008 to move in to canada, lets see its probably bye bye usa if something does not happen until then. tired of waiting for this elusive GC, my story is verry verry similar to byeusa..



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  • snathan
    05-01 11:05 PM
    And who told you that they are being opressed - have you been to Sri Lanka and if yes which places did you visit to see the Tamils being opressed .

    The terrorists who come to fight in J&K from Pak say they are fighting because Indian Army and govt is opressing the Muslims . Is that true also ?

    Seriously I don't care - my personal opinion that in this particular case it is none of our ( India's ) business to meddle in Sri Lankan affairs when they are on the verge of getting rid of a menace they have . Terrorism is not a solution of anything . Only peaceful times can bring happiness and prosperity.

    If you are so ignorant no one can help you. In SL everything started because of singala opression and chavinisim. But its not the case with J&K. The Pak govt wants J&K and thats how started here. One does not need to go the battle field to understand whats going on there.

    ----------------------------------------------------------------------------------
    Desperate to escape the warzone in Sri Lanka, a group of 21 people set out from Mulaitivu on April 21. Among them was eight-month-old Kuberan who was feeding on his mother's milk when she died. His family was on a boat with 20 others.

    Each one was hoping for safety and the chance of a better life in Rameshwaram, nine hours away. But they got lost and soon they ran out of food and water. One by one 10 people died of hunger and dehydration and their bodies were thrown into the sea.

    Lost at sea they finally landed on the Kakinada cost of Andhra Pradesh, but only 11 reached alive.

    Kuberan in Hindu mythology means the 'Lord of Wealth'. But this eight-month-old is anything but that. He is the face of the tragic conflict in north Sri Lanka, symbolic of a future and a paradise lost.

    "When we were in Sri Lanka, my father died, then my younger sister died, and then my wife. We were trying to escape to save our lives," said S Jagadeeswaran, one of the refugees.

    In the last three months, at least 50 boats with Tamil civilians have left Mullaiteevu for Rameshwaram. But no one knows how many of them survived.

    "My daughter was in my arms, my lap and she died right there," said Niranjana, a refugee.

    Thus, the Sri Lankan civilians who tried to escape the violence, were washed up on India's shores.





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  • GCard_Dream
    06-28 07:31 PM
    I think the folks who decided to file on their own are clearly the winners here because they have complete control over when the AOS gets filed. Folks like me who decided to go with the company law firm are clearly the biggest losers here because with all the added work load, the law firms are in complete disarray and can not guarantee anything about when the cases will be filed. The company law firm I am dealing with is in so much disarray that they have stopped taking phone calls and they wouldn’t even talk to me on the phone.

    I have submitted all documents and filled out all their forms a while ago and I still haven't heard a word from them about whether they have received all the documents and when do they expect to file my case. Yet this is the law firm that probably charges 400 bucks an hour.

    Like logiclife said, I wish I would have done it myself. Well .. too late now :(



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  • GetGC08
    07-29 09:08 AM
    Relax and send all the documents requested by the USCIS. They might ask you for additional documents later based on what they receive from you or may approve your case.

    Thanks a lot for your reply.

    I had completed my BSc in computer science with 3 years & also completed my Masters(MCA) in computer science with 3 years.(both from India)

    Total I have 6 years(3 yrs bachelors + 3 yrs masters) of education/qualification in Computer Science.

    My labor has been approved & in that it is mentioned, position requires Masters degree.

    Do I qualify for EB2 category?
    I already filled I-140 in March 2008 under EB2.

    I will really appreciate your response.

    Thanks.





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  • gc4me
    07-16 02:05 PM
    I-140 IS NOT PORTABLE. PD is portable.
    You can get 7th year extension to your H1 transfer to caompany B based on your I-140 approval from previous compnay. You have to file new LC and I-140 from your new company and while filing I-140, you port your old PD by providing your old I-140.



    Hello,
    My labor is approved in August 2007 and I have approved I140.It is likely that my company might declare chapter 11(bankrupt).I have not yet filed my I1485 yet as dates are not current for my PD.

    My question is can I port my I140 to a different company B and extend my H1 based on the approved I140 from company A.
    If yes, What documents do I need from company A to get this done.There were some posts which said I cannot port without having my 485 filed and pending approval for 180 days.is this true?
    Can someone provide some suggestion what would be good approach.





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  • snathan
    01-24 02:33 PM
    Just because one guy is pointing out fraud in H1b he is not anti immigrant. Can you call entire congress is anti immigrant just for passing TARP restriction unanimously? But still we are optimistic of getting support from congress for EB reform. 99% of H1bs will not be impacted by this memo if that is implemented properly. For example even if USCIS does not approve h1b because he is having multiple layers of H1b still that position will be open and that can be filled by H1b person who is placed directly. The person who impacted by this memo will suffer a few weeks and he will find another job. Basically it will not impact H1b program or H1b persons. Even after the memo many H1bs were approved with third party consulting. Can you tell any denial based on the memo? But I am seeing many RFEs for H1b applications without client letter. That is normal and no one complaints about that

    Do you mind to tell us in which category you got your GC?





    vkrishn
    07-21 11:13 PM
    Because of all these experiences, even when you genuinely smile or strike a conversation with a desi, he/she first suspects you to be an ammway guy. I face it everyday, being "outgoing extrovert" in nature, I tend to smile and talk to people in elevators, walkways, malls, restrooms, groceries etc... which is mostly casual fun stuff and most times desis suspect that I am a ammway guy and cut me out harshly.

    Chandruv23,
    Its pretty easy to find out who the real stalkers (amyway) guys are and who aren't. I am not an extrovert per se but do wish people on the elevators or even while walking on the park. Amway ones have this totally fake attitude that i can easily find out who they are..

    Problem with these guys is they don;t understand that NO means really NO.. Not Interested.. They think pushing more and more will convince me. Losers!





    saturnring11
    07-22 04:21 PM
    While we are all sharing about our Amway solicitation experiences, let me share what I've seen in the last few years.

    Background: In the last 6 years, I've been approached over 2 dozen times in the Bay Area. Things got so bad that the same guys have approached me more than 3 times in some cases before realizing that they've already talked to me before.

    Incident #1:
    A guy approached me while I was at the mall saying "hi" and striking up a conversation. During our short chat, this 20-something desi guy proceeds to tell me that he is the CIO of Fox News. At which time I pull out my iPhone and look him up using my LinkedIn app under the guise of adding him to my network. Turns out he is an engineer at a local company which he covers up by being embarassed and saying "I haven't updated my profile." I joke about how he moved up in his career so quickly - he then makes an excuse and walks away. I never hear from him again. Another reason to love technology!


    Incident #2:
    I get approached while shopping at the local GAP store. Being a veteran of this form of solicitation, I respond by saying that I work for the San Jose Mercury News and that we are doing a story on Multi-Level Marketing schemes. I ask him if he knows anyone who would be willing to chat on the record. This guys says "Nope, don't know anyone" and walks away. I never see him again...

    Incident #3:
    I am at the Nike store and get approached by this guy asking me if I work at Google (I do not). I tell him "Nope" and walk away before he can ask me another question. I have been approached by this same guy 2 more times at other stores (within 6 months) asking me similar questions. The 3rd time, I tell him - "We've spoken before - No, I don't work at Google, No, I'm not from Delhi and No, I'm not interested in what you are selling." He is stunned and walks away with his tail between his legs :)

    Incident #4:
    The local Fry's is a popular hang out for Amway-types. I learned the hard way because I made my first mistakes here. Both guys that struck up a good conversation with me turned out to be Amway types. After the 2nd phone call, I tell them that if they call me again, I will report them to the authorities and Fry's for illegal solicitation and harassment.
    This stops both people in their tracks. I never see them at Fry's again!

    Bottom-line: Hold your ground, use technology and don't be afraid to kick them around a little bit. Saying "No" is golden!



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