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Sunday, July 3, 2011

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  • Openarms
    08-17 03:35 PM
    Well - world is definitely a beautiful place. World is beautiful because of beautiful good people. Like there is a saying "How is house different from a home? House maybe be beatiful and big but it is a home ONLY if it is a happy place to live" and making the world our home lies in how we make sure that it is a happy place to live.

    While your approach towards solving the problems is "education" in my opinion education does help, but that is NOT the only factor. Change happens gradually. Don't we all agree that the most educated people might be the biggest "problem creators"


    WRT snathan - he is a personal friend and I know him. He is sympathetic towards poor and downtrodden and wants to fight against injustice etc.....

    To snathan - to understand things in a better perspective, I recommend that you try this. Invite 30 hungry, poor, starving people to your house and provide them with food, education, good life and ask them to seek opportunities to better themselves. You may face the following

    (1) People may get more demanding
    (2) They may fight among themselves
    (3) Some might steal from you
    (4) Some might get into unethical activities
    (5) Some might disrespect you and step over you
    (6) They may show more respect to those who did not care for them and curse you for some silly reason.

    You might find some good people who really do what you intend them to do.

    Why I say this is - there is no GOOD POOR MAN nor BAD RICH MAN - different people behave different in different circumstances.

    Did you know that India's independence struggle, American civil liberty struggle were all funded by rich businessmen - they trusted the leaders and gave a lot of money for campaigns for them to be successful.

    You think like Donald Trump, start learning how Bill Gates, Warren Buffet and good many other folks think... Once they become who they are now they realized that they are bigger and able to do some good for their country/world. How about Trump, once he became Trump he just stayed there... So now when has to given respect who would you give respect?????

    SRK, Politicians and Business Tycoons can learn in life try to do some good for their country / world so they can be respected and worshiped.

    I do not want SRK to become a Mother Theresa, Bill Gates or even Warren Buffet all of a sudden.. he may never be able to after all...try to be at least a 30% of a man who himself portrays in his films as HERO - an ideal man.





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  • villamonte6100
    12-14 12:30 PM
    Hello All,

    First and foremost, i must thank everyone from IV, who is working tirelessly to resolve the issues of retrogression in the GC process. As an affected individual I am very grateful that leaders of IV are ready to contribute so much effort for its goals. And even though I do not actively work for the IV agenda, I have contributed money to some IV action items.

    I have a question/suggestion regarding the IV agenda. On IV's about page, pt number 2 asserts amongst other things,
    The Discriminatory Per-Country Rationing of Green Cards That Exacerbates the Delays.

    and further in the same point

    We do not allow employers to discriminate hiring based on their nationality or country of origin. Therefore, the employment-based immigration, which is a derivative benefit of employment, should also be free from rationing based on nationality or country of birth.

    I am curious to know what is the "legal" strength of these assertions is. Are they just "moral" statements or can the validity of these statements be tested in the legal framework of this country? In other words, my question is what is the constitutionality of the "Per Country Caps" in Employment / Family Based Immrigration procedures.
    A lot of Laws and Statutes have been challenged in the Judicial System of USA. And many more are challenged every year. And if the laws are not constitutional then they can be repealed.

    I am sure the leaders of IV must have thought about this argument however a quick search of the forums with 'constitutionality' as the search term did not return any results.

    IV's efforts to utilize Lobbying to bring about change to alleviate/eliminate retrogression are certainly beneficial. However, if IV has not already considered and eliminated this legal argument, then it should explore whether there is any substance to this approach.

    Hence this post. Below are some of the links that might be relevant.

    wikipedia article on constitutionality (http://en.wikipedia.org/wiki/Constitutionality)
    wikipedia category on US immigration case law (http://en.wikipedia.org/wiki/Category:United_States_immigration_and_naturalizat ion_case_law)

    thanks and sincerely,

    --soljabhai

    You don't have a case. Before laws are signed, lawmakers spend hours and hours or weeks arguing, debating and modying before it is passed by both Senators and congressmen.

    If they change the current law to favor Indians, then it will be disciminatory to other nationals. Think the other way.

    Personally, I don't see any discrimination in the existing law. It so happened that you came from Indian and the law only allows a certain percentage per country.





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  • sachug22
    09-24 05:50 PM
    /\ my answers

    Ans: These numbers are meant for "Assigning Visa numbers to applications" BUT " not to grant Visa / approve 485 / Order Physical Green card"

    Ans: These numbers are meant for "grant Visa / approve 485 / Order Physical Green card" BUT " not to Assign Visa numbers to applications"

    Ans: this concept 0.07X 0.286 - It is a false concept.



    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.





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  • gceverywhere
    09-23 12:57 PM
    This initiative has my full support. Thanks Nixstor for coming up with a very innovative idea. While it is OK to expect for the system to not have this problem in the first place, the reality is that we have a HUGE problem in front of us.

    We should all be very very concerned with what's going on in the financial market. If the bailout doesn't work then we will have a deep recession in front of ut. Do you REALLY think the govt. (Dem/Rep) will care about your green cards then?

    Win-win strategy always works. To me, this idea presents a great win-win approach.

    Nixstor,
    I like the idea but I have one question. Have our lobbyists reviewed it and do they approve it?



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  • Law Loving Alien
    08-30 01:38 PM
    Hi,

    I am canadian PR too. My understanding is you have to enter Canada with your Canadian PR within 6 months of getting your Canadian PR. However, you can immedietly come out of Canada and stay out of Canada for upto 3 years.

    The residency requirement to maintain your Canadian PR is to be physically present in Canada for total of 2 years out of 5 years after 1st time you enter Canada in Canadian PR.

    Experts...correct me if I am wrong...





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  • surabhi
    07-21 05:13 PM
    For 2007 we had an availability of 226,000 Family Based Visas. But the issued visas in 2007 in Family Based are 194,900 visas. That means there are 226,000 MINUS 194,900 = 31100. These 31,100
    unused Family Based Visas have been made available for 2008 Employment Based Visas of 140,000. And USCIS has 28,795 unused VISAS of American Competitiveness in the 21st Century Act of 2000 (AC21).

    American Competitiveness in the 21st Century Act of 2000 (AC21) had recaptured 130,107 visas.

    Out of that 94,000 were used in 2005.

    7,312 were used in 2007.

    So dont know when the available 28,795 unused VISAS of AC21 will be used again.



    The unused family based visas of 2007 are 31,100 , which are going to be added for Employement Based Visas of 2008. So the total Employment based visas for 2008 are 140,000 + 31,100 = 171,100.

    Theses 171,100 EB Visas of 2008 will be split like, asuming USCIS is not using the availble 28,795 unused VISAS of AC21 below.


    (If USCIS decides to use some or all of 28,795 unused VISAS of AC21, then the available Employment Based VISAS of 2008 increases accordingly. )

    28.6 percent each EB1, EB2 and EB3. 48934 VISAS for Each Category.
    And 7.1 percent each EB4 and EB5. 12148 VISAS for the last two EB categories.


    So in 2008 the total Visas for EB1 and EB2 are 48934 + 48934 = 97868 plus unused EB4 and EB5 visas of 2008.



    The total EB5 Visas usage never crossed 824 in the past 10 years(Average Usage is 376/year).

    So there would be 11148 visas available for EB1 from EB5 (assuming 1,000 visas are used in EB5 which is highly impossible)

    The unused EB4 Visas may be couple of thousand or null, based on the past 10 years EB4 usage (7,223 is the average usage)

    Assume there are only 2,000 EB4 VISAS unused in 2008 (defenitely it would be more unused).

    So the total EB1 and EB2 Visas for 2008 are

    48934 + 48934 + 11,148 + 2,000 = 111,016


    The Family visas spill over is something I couldnt understand. They are retrogressed by > 10 years for many categories. Is that conflicting with spill over? Why would there be spill over with such backlog?

    I havent researched FB category , so apologize if its silly question



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  • ramus
    06-27 09:48 PM
    Yes I agree.. But if they don't move date foward then they can't approve those backlog applications.And they don't want to loose 40,000 visas . Now when they made all date current, they can approve all those pending application which are complete and just waiting for date to become current. Now we don't know real number and don't know how long it will take USCIS to do all approvals. But if they approve 40,000 in 2 weeks, I won't be surprised if they make it 'U' like other workers.

    But then question still remains why they made all current. They could have just moved it by year or so.. And I am sure they know how many application they can expect in July.. I already saw some where that we have around more then 80,000 approved perm.. All they going to apply.. And what about all whose labor just got approved fro Backlog centers?

    Its making everybody confused.. But its not in our hand and we can't do anything. Best thing is to file asap and just hope for best and we are always ready for worst..


    Just think if they make date 'U' in middle of july, how many member going to loose money. Each of us spent so much money this month and if nothing happens that we loose all of it.






    Iam a little skeptical about the AILA comment, If USCIS had "far more than 40,000 AOS applications that are ready to be aproved", why the heck would they make all the dates current.

    Some argue that they wanted to gauge the true demand for GC out there. But in order to do that, they would 1st have to accept the application, go over it, acertain the number of beneficiaries involved etc..


    Out of all the versions that I have seen floating around, I find this the most plausable, undoubtedly USCIS has a ton of pending applications, but a lot of these are struck in various sub-procceses (Name check etc), since they do not want to waste the visa numbers like last year, they are inviting additional applications so that if nothing else, easiest of cases go through.

    Not to say, what AILA is saying cannot happen, 'coz who knows how these things really work. USCIS is this big black hole...





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  • snathan
    08-16 11:40 AM
    Is this what anti's call us? I think most of us are not just cheap labour. Definitely paid more that the average wage levels.

    He is talking about himself....dont worry.



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  • ArkBird
    04-01 02:21 AM
    Please also consider the forced sacrifice country and millions of your countrymate made due to Nehru clan compared to the "sacrifice" Nehru himself made.

    I really feel that you are brainwashed and immatured. Although Nehru might have made some mistakes like China war, what did India really lose in that war? And how many years since then India has had to fix the problem? You should also read about Nehru's sacrifices and his movements along side Mahatma Gandhi that earned the nation its freedom.

    Now you have chosen to be a secondary citizen/ slave in america is a different matter altogether, but many back home in India are thankful they are free and independent nation.





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  • sumitpendharkar
    06-28 06:08 PM
    Visa Bulletin April 2007
    PD for Other workers category was 01 Oct 2001

    E. VISA AVAILABILITY DURING THE COMING MONTHS

    Employment-based: It is likely that the Employment Third Preference �Other Worker� (EW) category will become unavailable beginning in May.

    Both of these issues are the direct result of low annual limits and very heavy demand for numbers, primarily for adjustment of status cases at Citizenship and Immigration Services Offices.

    Visa Bulletin for May 2007
    PD for Other workers category was U (unavailable)

    E. EMPLOYMENT THIRD PREFERENCE �OTHER WORKER� CATEGORY BECOMES �UNAVAILABLE� FOR MAY

    The Employment Third Preference �Other Worker� category is expected to reach the annual numerical limit during April. As a result, the category will become �Unavailable� beginning in May and will remain so for the remainder of FY-2007.

    Visa Bulletin for June 2007
    PD for Other workers category was 01 Oct 2001

    D. EMPLOYMENT THIRD PREFERENCE �OTHER WORKER� CATEGORY FOR JUNE

    A few �Other Worker� numbers which had been allocated for April were returned unused at the end of the month. As a result, a very small June allocation has been possible, for applicants with priority dates before October 1, 2001. The category will become �Unavailable� once again beginning in July and will remain so for the remainder of FY-2007.


    So the VB does in fact indicate that there is only a "small June allocation" possible.



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  • Googler
    02-16 02:37 PM
    Suppose the admin fix to recapture 'lost' visas is a success. How many will India Eb2 get out of that ? May be 5000 ?
    One really needs to know the number of India Eb2 applicants pending in each year ( of PD ) . If it iturns out , say , there are 25000 I-485 applications with PD up to year 2002, then ?!
    Will a USCIS customer service rep be able to help us with this question :
    "Sir/Madam how many India EB2 applicants are waiting , with PD earlier than mine ? " .

    My friend, in 2003-2004 alone there were 136K EB greencards wasted. When recaptured, in the past they have been given to oversubscribed countries. That is almost an entire years supply of EB greencards.

    As far as your last question goes: I'm amazed, given your interest in this subject, that you have not read the 2005-2006-2007 Ombudsmans reports which discusses in some detail how USCIS claims that it cannot provide data on pending applications by EB preference, country of chargeability, and PD. Do take some time to familiarize yourself with these reports (and read the damn footnotes.)





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  • snthampi
    07-30 05:12 PM
    Fake to you because you never had such a chance or courage in life. :D

    But this dude is a hero.

    This gives others a good idea. Instead of saying NO to Amway guys, people will start flirting with both the e-commerce idea and wife. The Amway guy will now have to decide between making money and his wife.

    Well, I never had this type of GOLDEN chances. But, in the future, I will sure keep your advice in mind, when it comes to Amway/Qucikstar folks :D:D:D



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  • vine93
    09-23 05:12 PM
    Nixtor,

    This idea makes much sense and I am for it.
    Only hitch is how fruitful it would be launching it now. Why not to wait for next season ( Probably Democrats ).





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  • angelfire76
    05-28 10:50 PM
    When some of us raised the issue of project managers from Indian IT companies applying under EB1 and using up those visas which would trickle over to EB2 and EB3, we were scoffed at. Some even questioned as to why these people cannot apply under "Multi-national executive" category, as they are "Multi-national" managers.
    These guys misrepresent the number of people reporting to them (same managers in the same portfolio uses the same number of people to show in the application as reporting to them. This is true "reuse"), also "reuse" the portfolio value (how can 3-4 managers from the same client account be responsible for x million dollar business) and crooked company attorneys make up a stellar resume and case to file for them. The attorney pay comes from the employee's pocket.
    Otherwise how would you explain the sudden rise in EB1 filings and a quota which never used to be over in previous years suddenly has cut-off dates.
    If we keep quiet, these same clowns will use up all the visas and smirk at us for filing in the "lower" categories. What a backdoor to a green card! :mad:



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  • jsb
    06-01 09:48 AM
    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....
    .

    With SSA agreements with other countries, money is not returned to you if/when you leave the US. Contributions you made for similar programs while working in other contries are collectively considered to decide your final benefit at retirement. Having no parallel plan in India it is difficult to have such an arrangment with them.

    Stronger argument would be, why should a guest worker contribute to SSA/Medicare when those programs are for permanent residents/citizens hoping to retire in the US. It should be payable only after getting GC. Of course, in that case, your benefits at retirement would also be lower. Note that your employer also makes an equal contributions to these plans.

    Most of you may already know but let me restate, if you work in the US for 10 yrs, you will get SSA at retirement, no matter if you have GC or not or where you live. There are some exceptions but they don't apply to India/China citizens living in their home countries.





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  • mariner5555
    02-14 06:25 AM
    What rights did the Natives have in the 18th and 19th centuries when Europeans invaded their lands, and massacred most of them? Did they respectfully ask the Natives if they could immigrate? No? They walked in as if they owned this land. As a Canadian, I'm ashamed to say that this happened in my country too.

    Never think of immigration as a privilege - think of it as your birthright - this is your planet and you have the right to go wherever you want. Get into that mentality instead of the groveling "Please sir, I want some more" mentality.
    well said. actually there should be corresponding supply of green cards to the demand. as long as jobs are there and people are needed - GC numbers should be increased. but life is never fair - my advice (to those who want) - live life well , try yr best with IV efforts and make as much money as you can(and be ready to move out with it). I think country limits was set in green cards to ensure that not many people come from one country (because they become powerful as their numbers increase and become a voting bloc) - however migration from south changed everything.



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  • JazzByTheBay
    05-04 02:41 AM
    This discussion is way off topic for this forum.

    A nation has responsibility (to the extent possible in case of those not residing within its borders) for protecting its citizens.

    Once you give up the citizenship of your country of origin, your allegiance, and therefore the expectation of "protection", should be towards and from the country of your citizenship, not from a "foreign government".

    jazz



    Tomorrow if we or our generations are getting killed in the US, would you say the same thing. Now do you understand why the country needs to care about its people no matter where they are.





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  • gc_on_demand
    05-28 11:19 PM
    Titanic has already hit the ice berg.. Lets see how far we can survive in given economy.

    Didn't Nixtor ( From IV Core ) posted same or simmilar comment from Visa officer ( Again AC21 ) on Domor's Forum.

    Only hope if any little ... is VISA RECAPTURE.





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  • psaxena
    05-29 09:04 PM
    I know this guy who was a junior to me and reporting to me in India. I resigned and moved with another company and later moved to US. After an year I joined the same company which I was working in India. Now this guy, just because having some relation with the VP made some arrangement and came to US on L1 and applied under EB1 and got his GC in 1.5 years. More over he was no good as manager and a pathetic programmer. Also he did no good to the company actually lost a few clients and when he got his ass on fire he moved to other company and started working as a pathetic programmer with his GC

    When I saw this I was so irritated and now thinking what the FUCK this Grassely is doing for this.I think neither we doing anything. He just wants votes by creating sensation among the white rednecks for the next election.

    AAAHHHHH... nuts nuts nuts.. 10,9,8,7,6,5,4,3,2,1... hooo.. :) controlling my anger..


    When some of us raised the issue of project managers from Indian IT companies applying under EB1 and using up those visas which would trickle over to EB2 and EB3, we were scoffed at. Some even questioned as to why these people cannot apply under "Multi-national executive" category, as they are "Multi-national" managers.
    These guys misrepresent the number of people reporting to them (same managers in the same portfolio uses the same number of people to show in the application as reporting to them. This is true "reuse"), also "reuse" the portfolio value (how can 3-4 managers from the same client account be responsible for x million dollar business) and crooked company attorneys make up a stellar resume and case to file for them. The attorney pay comes from the employee's pocket.
    Otherwise how would you explain the sudden rise in EB1 filings and a quota which never used to be over in previous years suddenly has cut-off dates.
    If we keep quiet, these same clowns will use up all the visas and smirk at us for filing in the "lower" categories. What a backdoor to a green card! :mad:





    nfinity
    07-03 04:41 PM
    Dear Senator,

    After having spent thousands of dollars in legal counsel, medical tests, documentations, affidavits and many days of hurried preparation to file adjustment of status (AOS) for my green card application, USCIS has pulled a fast one me and the legal high skilled community.

    On June 13th 2007, Department Of State indicated visa availability for all applicants starting July 1st causing thousands of prospective legal high skilled immigrants to prepare their applications only to be surprised on the very first day (July 2nd) with rejections due to apparent exhaustion of existing visas.

    This unprecented and possibly illegal action on part of USCIS, has left high skilled immigrants like myself in a limbo. We are wondering what we have done to be wronged in this way. I am a law abiding, tax paying resident contributing to the economy.

    Please help us in overcoming this situation. We definetly do not deserve such treatment for having followed the law in the land of opportunity on the eve of independence day.

    Thank You,

    Sincerely,





    Caliber
    09-04 01:16 PM
    With all the due respect. Can you tell me how on earth can someone without Admin access reveal someone's personal details???? Pls read all previous posts.

    Paul Vadicherla
    Oracle Applications DBA at Otsuka America Pharmaceutical, Inc and Owner, ileadingedge Consulting Inc, Washington D.C. Metro Area

    Click the link below:

    Paul Vadicherla - LinkedIn (http://www.linkedin.com/pub/paul-vadicherla/0/233/69)