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  • PlainSpeak
    01-14 10:06 AM
    Plainspeak wasting time.
    He was member 2006 onward. Did nothing. Wasted time. Now facing job problem. Need Greencard and now want IV to do for him.
    Typical of some lowskill EB3I do nothing and blame. Go do something. Learn some . Become expert and apply EB1 if you so bright. IV does not value Plainspeak. See no reply from admin yet. Proves he wasting his time.
    He was member 2006 onward. Did nothing. Wasted time.
    Yes i am a meber since 2006 and yes helping others does not just mean be an IV DONOR and volunteer. Helping others can be done is other ways also

    Now facing job problem. Need Greencard and now want IV to do for him. My friend it is because my job has become secure now is teh reasn why i am able to concentrate more on this. IV does not do anything for anyone. We do it for ourselves and the we includes not just you but even me my friend

    Go do something. Learn some . Become expert and apply EB1 if you so bright. IV does not value Plainspeak. See no reply from admin yet. Proves he wasting his time.
    As i said it before i started a GC process once and i am damn well NOT going to start a new process. Why should i start a new process in EB2 or EB1. I wil lfight for this EB3 gc even if it takes 10 years (Who am i kindding it will takle more than that but th espirit to fight i never diminished)

    Typical of some lowskill EB3I do nothing and blame.
    To get to the point my friend there is a saying in America called as DIGNITY OF LABOUR. What is means (And i have to explain to you bceause obviously you do not undestand) what ever the skills and labour a person is doing whether he is a rocket scientist or whether he si a garbage collector every job is a lobour of hard work and every job deserves a respect. Now that we go that out of the way what was that you were saying about my low skills EB3I. Are you even aware of what you are doing. You are abusing a person for being EB3I. That is not there on IV charter. You are going against the charter

    Ok i am waiting for all the senior members and donors to jump inhere an do the right thing. Dont you always talk about righta nd wrong and that therte is no difference between EB2 and EB3 and here you havea guy abusing some one jst becasue he is EB3India

    Sileeeeeeeeeeeeeeeeeeeeeeence croack croack No Reply





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  • sush
    07-10 12:42 PM
    excellent move.
    hope you well buddy.





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  • samay
    07-28 04:09 PM
    Hello All,

    I travelled by car to Quebec-Canada and came back to US thru vermont on AP since my H4 visa stamping has expired. I was given an I-94A which has no expiry date and also is says single use. They didn't take my old I-94 and issued me a new one with no expiry date. Can any one please tell me if they had the same expirenece or should i contact the Immigrations and ask them to issues a new I-94?

    I read through a couple of forums and know that all were issued an I-94 with 1 year expiry date. What is the significance of that Date? I am asking this because we cannot travel on the same AP since the AP will expire in 1 year from the date of issue and hece we cannot use the AP even though the I-94 has 1 year validity.

    Hope some one can throw some light on this.I
    AP's are generally issued for multiple trips. I am little confused by your question. Could you please specify why is it that you think that you cannot use the AP again.





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  • ZeroComplexity
    12-13 07:01 PM
    One possible argument someone can make is , if there isn't a per country limit on H1Bs, why should there be one on GCs?


    We can have a lawsuit saying, cap both visa types or cap none.

    If ever this law suit come before a judge, we can potentially win by creating a list of all the lost oppurtunities, lost time and money etc, basically building a human story around the restriction.

    Other than that, I don't think per country qouta violates the constitution.

    Anyways, I am enjoying this thread, very logical arguments in each reply.



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  • srikondoji
    07-03 09:50 PM
    Under the section "Why does it hurt?

    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.


    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.





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  • Mr. Brown
    08-16 12:41 AM
    The question doesn't arise because he is SRK or APJ or in future Manmohan singh. The point is does it take TWO HOURS to find the identity of the person. How did you feel when you were questioned for an hour at the POE even after staying here for 9 years and stay in US legally and paying taxes etc.. can't they have better immigration procedures in place to identify legal from illegal (LIKE biometric finger printing, etc). They have this sophisticated computer information network.. if you give your SSN they can find any data they want.. about your employer, about your pay roll, your taxes etc.. then why this delay at POE to idenfity geniune people from entering US. These actions look totally racist to me. Don't you think these (US) people know how to improve this system.. they can but there is no will to do so.. Just look at priority dates how they swing +5 years to -5 years every year (2000 to 2005). It looks like someone just picks any year between 2000 to 2005 based on his mood. Can't this developed country have a software system to predict visa number availability or to predict how the dates should advance and by how much... this is want really sucks.. this so called developed country doesn't have a system in place for immigration issues.. Just look at the people who got their green cards who's priority dates were 2006 and people from 2002 or 2003 are still waiting.. how can their system (software) allow people with older dates to wait while someone with PD 2006 get their GC.. Things can be better managed and controlled with total transperancy but there is no WILL to do so.. i am not sure if IV can play any role in pushing some reforms to have a better system in place. There was another thread discussing about IO officers visting to employee office to find geniune applications and for more details.. this is simple waste of money and resources with SSN can give you almost 90% of the details.... overall the frustration is about the System and not about SRK or APJ.

    While proponents would mask this whole backlog issue as something purposefully done by the "system" I don't buy it. It is a proven disaster.

    As far as the software goes clearly their programmers suck. They sure could use some help from the more efficient H1B's.



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  • apnair2002
    04-29 09:23 AM
    04/29/2007: Elimination of Substitution of Aliens for the Certified Labor Certification Applications

    As we stated earlier, the OMB had 90 days to make a decision on this DOL Final Rule. It was submitted on 01/26/2007 and the OMB cleared on 04/27/2007, just immediately prior to expiration of 90 days.
    This final rule will not go into effect until it is published by the DOL in the federal register. Record reflects that this final rule will not be published in the federal register, Monday, 04/30/2007. We have yet to see what changes to the proposed version of the rule the DOL made in the final rule. However, it is certain that this rule will not go into effect on Monday, 04/30/2007, and there may still be some actions the employers can make before it is published in the federal register.
    Pending Labor Certification Cases: PERM rule does not allow any amendments and no substitution of alien beneficiary available until the PERM application is certified. By the time PERM is approved, it may be too late to initiate the substitution. However, the cases which are pending at the BECs are different. The beneficiaries can be substituted inasmuch as the job order and the BEC supervised recruitment has yet to be initiated. At this time, the amendment of the BEC application does not require a paper request and e-mail or even phone call request followed by fax will work to substitute the alien. Under the final rule which will go into effect soon, the labor certification applications at the stage of DOL can survive only if the substitution has been approved at the time of release of the final rule. Accordingly, the employers can contact the BECs tomorrow, Monday, to amend the pending ETA 705 and alien beneficiary over the phone, via e-mail, followed by the phone calls and fax or straightforwardedly via fax. CAVEAT: If substitution is denied and original beneficiary ETA 750 is denied for the reason that there is no beneficiary, the employer can lose everything!!
    Certified Labor Certification Cases: These cases will not be able to survive unless the I-140 petition is quickly filed on Monday substituting the alien beneficiary. The earliest filing date will be "Tuesday" since overnight delivery has to reach the Service Centers. Still worth trying. Once it is "filed," it will be safe. There remain a host of issues which will have to be resolved by the USCIS as to the consequences of the denial of these substitution I-140 petitions on issues other than alien beneficiaries qualifications such as the employer's financial ability to pay the proffered wage, etc. Obviously, the denial becomes a "final" action, the cases on appeal to the AAO will continue to remain outside the parameter of the elimination rule. Another question is the effect of motion to reopen of denial of substitution I-140 petitions. There is some chance that the USCIS may decide that once the motion is granted and I-140 petition is approved, the DOL's final rule of elimination of substitution will not affect the case. What if the employer refiles the substitution I-140 petitions? The chances of these cases will remail slim or nil. Since it will be considred a "new" filing of substitution I-140 petition, the USCIS may rule that such filing will be subject to the DOL's substitution elimination final rule. There will be other issues which fall under the jurisdiction of the USCIS rather than DOL as related to the interpretation of the substitution I-140 petitions. The USCIS is scheduled to initiate this rule making process sooner or later. Please stay tuned.
    Impact on the Retention of Priority Date: The rule of retention of priority date is governed not by the DOL but by the USCIS. Under the USCIS rule, the priority date of the labor certification application is not retained until I-140 petition is "approved." Accordingly, if the decision of the denial of the substitution I-140 becomes final on appeal, the substituting alien will not be able to retain the priority. Neither the original beneficiary can retain the priority date unless the alien beneficiary substition I-140 petition was filed after the I-140 had been approved for the original beneficiary.
    Impact on the 7th-Year H-1B Extension: Until the substitution I-140 is denied and becomes final on appeal, the substitutiing alien will be able to continuously extend the H-1B status in one-year increment, but the substituted alien will not be able to extend the 7th-year H-1B status based on the substituted labor certification application. Once the decision of denial becomes final, the substituting alien will not be able to extend the H-1B status after that time, but the validity of the approved 7th-year H-1B status will remain valid until the expiration date.
    Impact on the 245(i) Benefits: Grandfathering of the 245(i) benefits cannot be transferred to other aliens and substituting aliens cannot take over the 245(i) benefits unless the substitution was filed before April 30, 2001. Once the grandfathering is attached, it remains valid unless "not approveable at the time of labor certification application filing" is found. Accordingly, the denial of substitution I-140 petition on behalf of the substituting alien will have no affect on the original beneficiary's retention of the 245(i) benefits.
    Well, let's wait and see the text of the soon-to-be published final rule.





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  • delhirocks
    06-26 11:53 PM
    This is what my very very high profile attorney wrote in her email to me today....

    " We have heard that there will be a visa regression the first week of July "

    And in immigration matters I trust her more than anybody in this whole country. So guys be ready and prepared. Do what u have to do. Be proactive.

    My post is not to spread rumors or scare people but to help them to grab this golden opportunity.

    I am ready to send papers for July 1st.

    good luck with that...



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  • logiclife
    02-15 07:03 PM
    A couple of points. Firstly it's usually a good idea when quoting wikipedia to include the primary reference that the quote or opinion is based on. A contentious issue like immigration reform produces lots of opinion but not all of it is based on fact. Secondly, there are shocking racial elements in the history of immigration laws in the US. Perhaps it's not that shocking when one considers the racial history of the country. Many people will be familiar with the supreme court case 1923 of Bhagat Singh Thind, a Sikh man who fought for the US in World War I. http://en.wikipedia.org/wiki/United_States_v._Bhagat_Singh_Thind
    The immigration laws at the time said that only Caucasians could become US citizens. The framers of the law assumed that Caucasian meant "white" while Singh Thind relied on science to prove that people of South Asian origin were also Caucasian. He lost the case with one judge stating "the average man knows perfectly well that there are unmistakable and profound differences".

    My point is that the immigration laws of the United States were racist until the 1952 INA act. They specifically placed quotas on people based on the color of their skin. Today's restrictions, while bizarre, unreasonable and unfair in many ways, cannot be defined as racist.

    In 1917, this Sikh man, for immigration, went to the Supreme court to fight his battle.

    And today, some of our members, when they call us, block their caller ID. God knows what they are afraid of. But certainly not the kind of person who would go as far as Thind went.

    If Thind had been fighting today for USA in Iraq, he would have gotten greencard and citizenship. If he made it alive back. There is a program where non-citizens can enlist in the millitary and become citizens.





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  • saimrathi
    07-10 11:25 AM
    Have a great time eh!!

    Dear Friends, I had it... I am moving to Canada in the next 2 months to work for guess who? Microsoft. Came to USA in 1997 for my masters, worked at Legato, Documentum and Opentext. Had to restart my GC twrice, once as the company laid me off and next for career progression. GC is still years years away. Interviewed with MSFT last month and got an offer to work in their Enterprise Collaboration team. MSFT looked at the visa mess I was in and offered me to work in Vancouver. I get my Canadian GC in 6 months and my wife can work from day one. I am abandoning my US dream for good;guess I would be satisfied with touching my 4 year old son's American passport.

    I worked for a canadian company in US and now would be working for a US company in Canada. This is globalization. True Globalization. Any for those whiners belonging to IEEE and its propoganda machine, I would like to mention that I drew salries which were above way above the norm. I am sure I would be drawing more than 2 of his programmers combined. Ron- ask your folks to learn to compete and update their skills. They probably studied studied 'history of mathematics' as a math subject in high school instead of calculus. They were happy that they had the coolest Nintendo games while many like me were burning the midnight old figuring out data structures at Berkeley.

    I hope Berney Sanders and his club of the CIR days are hearing the developments. Berney, fix the broken education system for job protection rather than building fences to prevent legal workers to come to this gifted country. More companies will leave for nearshore if the mess continues. Fix the system by closing the H1B loopholes that a small percentage of companies are exploiting. Don't bad mouth the H1B system which has given you so much talent that you could have never groomed, the talented individuals who have contributed to the society, social security system and what not. Patch the holes in the fence, do not erect a higher fence for which people need to pay $ 5000 to cross. And by the way if you have the inclination and the time- fix the broken LEGAL High Skilled immigration system.



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  • bitu72
    10-23 05:30 PM
    what is definition of "canadian business".

    can we extrpoltae your suggestion little bit more or is it asking for too much

    1. once you have PR ask your wife to open a company A.
    2. As a employee of company A you can come over to USA while maintainig your PR status. You should still be considered to be covered under candian business wanting the employee to work on international projects..

    can this theory fly...all this assuming no EAD filling in near future





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  • breddy2000
    09-04 12:57 PM
    Sreedhar,

    I agree with your comments.

    In India, politics have been used to amass money, wealth and YSR has used his position for killings, land grabbing, scams etc.,

    Make money the right way, no one stops any one. Where is the end to corrupt means? Yesterday YSR, today his Son. The biggest problem today India is facing is, people involved in policy making deeply submerged in corruption.

    There should not be an excuse on comparison. If today we don�t condemn, tomorrow we will be affected. And being here we have to set an example to other people out there in India, living and working in USA is an experience that can�t be valued on paper.


    True Facts have Guts to reveal yourself..... We know that you have compromised on personal details about IV members....This is insane I say.....



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  • ramus
    06-27 10:04 PM
    Sorry my number was wrong...

    Its not 80,000 , it is 129,973.. That is also as of March 2007..

    look at link http://www.shusterman.com/pdf/permstats407.pdf



    Are you sure about 80000 PERM?

    I recall seeing somewhere that for the entire 2006, there were about 6000 PERMs.





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  • ebizash
    07-21 12:23 PM
    got into it, pulled off 3 weeks later. they refunded my investment w/o any issue. but yes never lost that persons contact who got friendly with me for this and we remain good family friends. so there are exceptions.

    We also remained good friends with the people who left our group... you know why... because we had no other options as we had no other friends left outside Quixtar (which was Amway before 2001 and is again Amway since 2009)

    Not saying that it applies in your case as well... but just telling you from my standpoint..



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  • vdlrao
    09-17 02:18 PM
    Hi VDLRAO,

    Couple of months back you were very optimistic about EB2 I will be current soon, what were the things influencing your thoughts.

    Do you think EB2 I, will not be crossing 2005 by September 2010 ?


    By september 2010 EB2 India will surely enters into 2006.





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  • 485_spouse
    07-17 04:47 PM
    Sorry she will have to wait for the your PD to get current.

    Thank you, Sir/Madam.
    485_spouse



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  • hiralal
    05-29 12:03 AM
    if your gc in pending ..don't get tempted to buy a house. here is a good report.
    ------------
    MONDAY, MAY 25, 2009
    OTHER VOICES
    The Housing Hurricane Will Howl Again

    WE'RE OUT OF THE EYE OF THE HURRICANE, but here comes the back half of the storm. A lot of people think that we've seen the worst of the housing crisis. They're talking about green shoots and glimmers of hope, when they should be back in the storm shelter, preparing for a flood of inventory that will overwhelm the markets and produce another round of falling prices

    For the past few months there has been a semi-moratorium on foreclosures. Most institutions with delinquent mortgages didn't foreclose. The signs that blanket many neighborhoods have been posted by a fraction of the lenders. Now the rest of the banks are rushing to get their properties on the market.
    [ov]
    Christoph Hitz for Barron's
    We're still supporting misguided programs that only add to inventory woes. They encourage builders to put up more homes and penalize anyone else trying to sell a home.

    As a Florida real-estate broker who works with bank asset managers to dispose of foreclosed properties, I get a good view of this market. From December 2008 through mid-March 2009, the number of asset managers calling to discuss REO (real estate owned) properties on their client banks' books dropped by more than 80% from the level at which it previously had been running. In the past two months, however, asset managers have been busy, with most interested in how many properties we could handle at once.

    Law firms for banks are once again lining up to file foreclosures and to process evictions. The asset managers we work with have warned us to expect a flood of properties, beginning in early June. This will hit as the number of potential buyers continues to dwindle. Builders, traditional sellers and investors who entered too early are already loaded with REO properties.

    ALL OF THE OBAMA administration's attempts to revive, resuscitate and shock the housing markets into recovery have failed. Potential buyers can't purchase homes when they are losing their jobs, regardless of how attractive the credits and mortgages are. The price of homes will continue to fall until the properties are affordable for potential buyers.

    If an investor could purchase a home and rent it out for close to breakeven, we might be getting close to a bottom. But we are nowhere close to that level in most critical markets. Until it is approached, prices will continue to fall. In fact, the negative cash flow now evident, along with the flood of properties coming into the inventory pool, warn of lower prices.

    There's no light at the end of the tunnel yet. We're still supporting builders through misguided programs that are only adding to the inventory woes. California decided to offer a $10,000 credit to buyers of new homes, on top of the $8,000 federal credit. But California made the $10,000 available only for new homes purchased directly from builders. That shows the power of the builders' lobby, but it only adds to California's housing-industry problem. It encourages builders to construct dwellings we don't need, and it penalizes anyone else trying to sell a home.

    Housing inventory soon will flood a market in which more than 500,000 homes are being built each year, even though the annual sales pace for new homes is closer to 300,000. We must also deal with a system clogged with impossible short sales, a surge of second and vacation homes being dumped, and third-wave flippers realizing that they entered the market too soon.

    FOR THE BANKS, the back half of the hurricane will destroy balance sheets, unless the Obama administration comes up with another plan to mythically mark these assets on the books. Or we might see some chimerical plan to write down mortgage payments, or move toxic mortgages into a dark pool, or create some new illusion that glosses over the problem.

    Our experience with banks' selling REOs is they realize about 50%-75% of what they initially think they will get. Moreover, their expenses to bring these properties to market and manage them are growing. Court systems bogged down with foreclosures are raising fees so that they can hire additional staff. More and more homeowners being evicted are stripping homes to the bone, removing appliances, fixtures, carpet, cabinets, air handlers, motorized garage-door openers and anything else that they can carry off or sell.

    Unemployment presents a two-pronged problem. If homeowners lose their jobs, they have difficulty meeting mortgage payments. And a high jobless rate forces more people to put their homes on the market.

    During the housing bubble, many second homes were purchased with the mythical equity from primary residences. These second homes are coming onto the market at an alarming rate, as many middle- and upper-class sellers need to raise cash. In some very exclusive private communities in Florida, where home prices are in the seven figures, more than 50% of the homes are on the market. (For more on the vacation-home market, see Cover Story.)

    Unfortunately, there are no signs of recovery, despite the hype and the twisting of numbers in many media reports. The end of the unofficial moratorium on foreclosures, combined with rising unemployment, signals that the back half of this housing hurricane is only just beginning.





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  • pointlesswait
    09-15 06:26 PM
    its a temp relief..not a permanent one.;)

    Lets all email : uscis ombudsman office...maybe that will be a good start.

    Good idea but could you clarify why "next 2-3 months"? what after that? Just curious why you put that time frame there





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  • Googler
    02-18 03:17 PM
    Neither of us are lawyers and I wouldn't even bother reading what you wrote. All I can say is, why don't you ask your immigration lawyer about this Class Action. Let's see what he says.

    This is great -- you won't consider facts and evidence, including the fact that judges themselves are recommending class action in similar cases! Forget about considering, you won't even read a post with a different pov... (makes me wonder why you bother with the forum if even reading a post is too much work.)

    My own attorney, as a matter of fact, thinks that a class action makes sense in this instance.

    As lazycis points out, his attorney didn't want him to even file an individual WOM, and it turned out his attorney was absolutely wrong. The mass of evidence in WOM cases and the current Mocanu decision shows that lazycis's attorney (and other let us not disturb/question the status quo attorneys) were wrong. I should remind people again that most of our attorneys are not litigators, they are paper filers -- this dichotomy is true in most other practice areas of the law (eg: antitrust) as well.

    The reason I care about this is -- if people/attorneys make up their minds without considering the facts/legal precedents, then they will not spot and/or work to figure out the legal arguments that will win the day -- the legal arguments eventually used in the WOM cases did not sprout out on day one, it was an iterative process.





    GCBoy786
    09-27 11:21 AM
    I feel that this will be an excellent idea. Atleast some people will be eliminated from the queue. I believe there are lot of people waiting for their GC to buy a home. It will also benefit them.

    I sent the emails to some of the senators in the list.





    santb1975
    02-13 04:16 PM
    This is my first post which was not positive. I am backing up :). I am proud to be part of IV. I beleive in this cause.

    Buck up :) We all go through it. I never take it personally. I would definitely be happy if more and more members come forward and help, instead of "missing in action" when needed most.

    We would be really happy if new members come up and take initiatives (i am now keeping my messages positive :) ) , more active members, more strength.

    participation is contigeous, all we need is some self motivators and self starters to kindle the fire.