
dilipcr
06-11 07:49 PM
"Now with this huge deluge of immigrants, especially from the desi consulting companies, I feel that my quality of life is getting adversely impacted. Do not rush to conclusions that I am anti Indian or anti immigrant. 12 years back when I first got my H1 visa, the requirements to qualify were strict. "
i am not interested in giving red or blue dots but i do hope your citizenship application gets stuck in a processing delay, you too will then realize the implication of your so called Darwinian flush :rolleyes: As they say...when it happens to others its a recession, when it happens to you it turns into a depression...good luck..
I hope your post did not imply that the ones who got GC's were the 'brightest and the best'.
My intention was not to devalue the merits of the incoming batch of immigrants. As I said, around 20% of the group are truly the best and the brightest. This was the case after the dotcom crash and will most likely be the case going forward. We had the same delays, retrogressions , guaranteed employment verification RFEs etc. Immigrationportal.com used to be the immigrationvoice of the times. I do not see much difference for the techies between what was then and what is going on now in terms of delays. I see 2 dramatic changes though
1. People arent patient enough during these times. You would agree to the amount of venting going on in this site.
2. The incessant dumping of low cost of L1s by the outsourcing companies.
If you think through deeply, the second point is what is causing all the heartburn among the people waiting for their GCs. Believe me. All these extrapolated timelines that scream that getting GC today would take 10 years are all bogus. These headlines were the same then too. I can confidently say that the GC process will move fast within a year's time once the layoffs stop. It is just that can you survive till the govt policies become more rational ? That is where the argument about the best and the brightest come into place. If you are one, you would survive this and you will get your GC within 3 years. Honestly, my ntention was to calm the nerves of those people genuinely talented and waiting for their GCs. If I had missed out on that count, I think I should improve my communication. The arwinian flush was just to highlight that fact.
i am not interested in giving red or blue dots but i do hope your citizenship application gets stuck in a processing delay, you too will then realize the implication of your so called Darwinian flush :rolleyes: As they say...when it happens to others its a recession, when it happens to you it turns into a depression...good luck..
I hope your post did not imply that the ones who got GC's were the 'brightest and the best'.
My intention was not to devalue the merits of the incoming batch of immigrants. As I said, around 20% of the group are truly the best and the brightest. This was the case after the dotcom crash and will most likely be the case going forward. We had the same delays, retrogressions , guaranteed employment verification RFEs etc. Immigrationportal.com used to be the immigrationvoice of the times. I do not see much difference for the techies between what was then and what is going on now in terms of delays. I see 2 dramatic changes though
1. People arent patient enough during these times. You would agree to the amount of venting going on in this site.
2. The incessant dumping of low cost of L1s by the outsourcing companies.
If you think through deeply, the second point is what is causing all the heartburn among the people waiting for their GCs. Believe me. All these extrapolated timelines that scream that getting GC today would take 10 years are all bogus. These headlines were the same then too. I can confidently say that the GC process will move fast within a year's time once the layoffs stop. It is just that can you survive till the govt policies become more rational ? That is where the argument about the best and the brightest come into place. If you are one, you would survive this and you will get your GC within 3 years. Honestly, my ntention was to calm the nerves of those people genuinely talented and waiting for their GCs. If I had missed out on that count, I think I should improve my communication. The arwinian flush was just to highlight that fact.
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sumagiri
07-23 08:04 PM
Yes i am very much implying that ..EB2 PD was 02 in Dec, 01 in Jan, Unavailable in Feb-March 08. So there where very few visas given to EB2 india in first 8 months. Same with China went back to 03 in Dec and stayed there for most of the 8 months period.
From Dec 08 Visa Bulletin
Sachug22,
It may be simply because EB2 numbers are used up fast for the quarter. It is right now a blind spot and an estimate of what happened depends on perspective.
Any how, you brought up a new perspective so gave you a green.
From Dec 08 Visa Bulletin
Sachug22,
It may be simply because EB2 numbers are used up fast for the quarter. It is right now a blind spot and an estimate of what happened depends on perspective.
Any how, you brought up a new perspective so gave you a green.

unseenguy
08-16 04:16 AM
To all the wannabe americans and GC aspirants, dont forget where you came from. You are nothing but 21st century cheap labor. Just do the right thing!
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Refugee_New
02-12 12:43 PM
EB2 India is screwed again. My wait continues.................
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eager_immi
07-16 10:20 AM
When your emplyer waits to file your GC in the last day of your 5th year in the fear that you will leave them DOES THAT NOT PROVE TO YOU THAT THEY R DESPERATE. Which employer in the right sense would do that if they did not want you. Especially when you are making 150K per annum there must be a reason, and it cannot be the mere laywer fee of 5K. This has been done by fortune 500 company and I am not talking about indian consulting firm. So please stop advocating what u are preaching you may have a different story but not everything fits into it like a cookie cutter!!!
I know people who got their GC in 7 months from the date they filed PERM. and then there are many people getting GCs every month. There are both good stories and bad stories to tell about getting GC in US.
There were times when H1 quota never reached the limit during the whole fiscal year, now they get used in just 2 days. This mess in GC process is a result mainly due to our own actions (temporary workers and consulting companies hiring temporary workers). Do you think majority of us once we get GC, stay with the consulting company that filed for our GC? When a consulting company files for PERM, they already have a foreign national working under H-1B in that position. So where is the real intent to hire an American when some foreigner is already working at that position?
This employment based GC is a way for us foreigners to immigrate to US easily at one point. Now due to our extreme usage and abuse of this process, there are genuine people who are being sponsored to immigrate to US are also suffering. In a true employment GC scenario, the company should be desperate to keep you for a long time (more than 6 years after H-1B is maxed) for your valuable skills that they were unable to find in others. But in most GC cases, looks like we temporary workers are more desperate than our employers for the GC? aren't we? Do you see any companies sweating on how to retain you with them, because you H-1B is expiring and they have no way to keep you?
Do not put all the blame on US immigration system, the majority of the blame should fall on us and the companies who are helping us to get GCs when our cases are not based on genuine sponsors.
I know people who got their GC in 7 months from the date they filed PERM. and then there are many people getting GCs every month. There are both good stories and bad stories to tell about getting GC in US.
There were times when H1 quota never reached the limit during the whole fiscal year, now they get used in just 2 days. This mess in GC process is a result mainly due to our own actions (temporary workers and consulting companies hiring temporary workers). Do you think majority of us once we get GC, stay with the consulting company that filed for our GC? When a consulting company files for PERM, they already have a foreign national working under H-1B in that position. So where is the real intent to hire an American when some foreigner is already working at that position?
This employment based GC is a way for us foreigners to immigrate to US easily at one point. Now due to our extreme usage and abuse of this process, there are genuine people who are being sponsored to immigrate to US are also suffering. In a true employment GC scenario, the company should be desperate to keep you for a long time (more than 6 years after H-1B is maxed) for your valuable skills that they were unable to find in others. But in most GC cases, looks like we temporary workers are more desperate than our employers for the GC? aren't we? Do you see any companies sweating on how to retain you with them, because you H-1B is expiring and they have no way to keep you?
Do not put all the blame on US immigration system, the majority of the blame should fall on us and the companies who are helping us to get GCs when our cases are not based on genuine sponsors.

sachug22
09-17 11:06 AM
When it took about 2 years spill over visas (2008 and 2009) for the EB2 India dates to move from April 2004 to Jan 2005, I am sure you could estimate how long it would take to cross a year.
In 2008 the spillover was distributed evenly between 2004/2005/2006. It was 2009 spillover that clean most of the cases in 2003 and 2004. As of 1st Oct there are next to nothing cases from 2003, very few from 2004.
Plus in 2008/2009 CIS had EB2-ROW applications that they can approve, this year they do not have the EB2-ROW cushion.
In 2008 the spillover was distributed evenly between 2004/2005/2006. It was 2009 spillover that clean most of the cases in 2003 and 2004. As of 1st Oct there are next to nothing cases from 2003, very few from 2004.
Plus in 2008/2009 CIS had EB2-ROW applications that they can approve, this year they do not have the EB2-ROW cushion.
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PlainSpeak
01-14 12:58 PM
don't make up your own sorry, sad, soap opera
Your first mistake is criticizing IV and its strategy on a open forum. The core listens to only ideas from active volunteers and donors and incorporates their suggestions, not a free loader, day dreamer who thinks he/she is brilliant. What any one else says on forums doesn't make any difference.
You think that by arguing on the forum, you can come up with a better idea.
So in a way you're just throwing eggs at IV. All you talk for the last 2 days is just wasting everyones time.
If you want IV to listen to you, you must have actively worked with them in the last 4 years, gained knowledge about advocacy and their trust and only then can they consider any of your ideas.
You have clearly shown that you know nothing.
This is a message for other members too, if you want core and management to listen to your ideas, be active in your state chapter and many mail groups we have working on intiatives, rather than cursing on forums.
You will then be working on action items that can change the lives of legal immigrants for the better and make a big difference.
don't make up your own sorry, sad, soap opera
My friend a correct it is not mine but it is a sad reflection of your story
Your first mistake is criticizing IV and its strategy on a open forum. The core listens to only ideas from active volunteers and donors and incorporates their suggestions, not a free loader, day dreamer who thinks he/she is brilliant. What any one else says on forums doesn't make any difference.
Ahhh my friend no one is asking for core to implement this suggestion. The suggestion was for discussion. Now all we had is name calling but no dicsussion. I hve not had even one esteemed member and donort and volunteer explain to me why this idea is a bad idea
You think that by arguing on the forum, you can come up with a better idea.
My friend for an idea yes discusiion is needed. Now once the idea is agreed upon it has to be fleshed out. That is when people get inv,loved in doing the ground work and i knwo i could go aon and on burt what is the use of talking about a house bluepritn when all guys are willing able and ready to do is tear up the idea in a ferezy
So in a way you're just throwing eggs at IV. All you talk for the last 2 days is just wasting everyones time.
Eggs at IV?? My friend if my intention was naything i would have been much worse. But i stil have hope in you all. At some point of time tempers will cool down and people will start thinking rationally
If you want IV to listen to you, you must have actively worked with them in the last 4 years, gained knowledge about advocacy and their trust and only then can they consider any of your ideas.
You have clearly shown that you know nothing.
Yes i did not work because i choose not to. Evrybody started as a fresher in any xcareer. No body was born experienced. Now you can take this point as my plunge into IV work but noooooo you do not want a person with a different idea. You want a slave who wil lsay Yes Master and do your bidding.
This is a message for other members too, if you want core and management to listen to your ideas, be active in your state chapter and many mail groups we have working on intiatives, rather than cursing
on forums.
Who is cursing on forum. If you read through the messages again you people are cursing and i am patiently replying back to each and every one
You will then be working on action items that can change the lives of legal immigrants for the better and make a big difference.
My friend i will not jump into a hole in the ground if i am a sheep and the hole contains 100 wolfs baying for blood(yes that would be all you abusers). Since we are talking about actionable idea let me talk about something
When i started this topic i had about 800 + points. When i last checked i have now - 2000 points. All these given by people like you (All these donors and senior members). Now you are asking me for specific details of my plan and my thinking is they heard the plan and got so pissed off that they started abusing me very badly and gave me so many reds that it must be a IV record and now uyou get a brain wave and i am supposed to tell specifics of my plan. What conditions are you as a IV member creating for me discussing my ideas. NOTHING. So that would mean you have no interest in listening to what i say but are just acting nice so that all thiose silent readers of the post will not notice this and think that you are doing great
Your first mistake is criticizing IV and its strategy on a open forum. The core listens to only ideas from active volunteers and donors and incorporates their suggestions, not a free loader, day dreamer who thinks he/she is brilliant. What any one else says on forums doesn't make any difference.
You think that by arguing on the forum, you can come up with a better idea.
So in a way you're just throwing eggs at IV. All you talk for the last 2 days is just wasting everyones time.
If you want IV to listen to you, you must have actively worked with them in the last 4 years, gained knowledge about advocacy and their trust and only then can they consider any of your ideas.
You have clearly shown that you know nothing.
This is a message for other members too, if you want core and management to listen to your ideas, be active in your state chapter and many mail groups we have working on intiatives, rather than cursing on forums.
You will then be working on action items that can change the lives of legal immigrants for the better and make a big difference.
don't make up your own sorry, sad, soap opera
My friend a correct it is not mine but it is a sad reflection of your story
Your first mistake is criticizing IV and its strategy on a open forum. The core listens to only ideas from active volunteers and donors and incorporates their suggestions, not a free loader, day dreamer who thinks he/she is brilliant. What any one else says on forums doesn't make any difference.
Ahhh my friend no one is asking for core to implement this suggestion. The suggestion was for discussion. Now all we had is name calling but no dicsussion. I hve not had even one esteemed member and donort and volunteer explain to me why this idea is a bad idea
You think that by arguing on the forum, you can come up with a better idea.
My friend for an idea yes discusiion is needed. Now once the idea is agreed upon it has to be fleshed out. That is when people get inv,loved in doing the ground work and i knwo i could go aon and on burt what is the use of talking about a house bluepritn when all guys are willing able and ready to do is tear up the idea in a ferezy
So in a way you're just throwing eggs at IV. All you talk for the last 2 days is just wasting everyones time.
Eggs at IV?? My friend if my intention was naything i would have been much worse. But i stil have hope in you all. At some point of time tempers will cool down and people will start thinking rationally
If you want IV to listen to you, you must have actively worked with them in the last 4 years, gained knowledge about advocacy and their trust and only then can they consider any of your ideas.
You have clearly shown that you know nothing.
Yes i did not work because i choose not to. Evrybody started as a fresher in any xcareer. No body was born experienced. Now you can take this point as my plunge into IV work but noooooo you do not want a person with a different idea. You want a slave who wil lsay Yes Master and do your bidding.
This is a message for other members too, if you want core and management to listen to your ideas, be active in your state chapter and many mail groups we have working on intiatives, rather than cursing
on forums.
Who is cursing on forum. If you read through the messages again you people are cursing and i am patiently replying back to each and every one
You will then be working on action items that can change the lives of legal immigrants for the better and make a big difference.
My friend i will not jump into a hole in the ground if i am a sheep and the hole contains 100 wolfs baying for blood(yes that would be all you abusers). Since we are talking about actionable idea let me talk about something
When i started this topic i had about 800 + points. When i last checked i have now - 2000 points. All these given by people like you (All these donors and senior members). Now you are asking me for specific details of my plan and my thinking is they heard the plan and got so pissed off that they started abusing me very badly and gave me so many reds that it must be a IV record and now uyou get a brain wave and i am supposed to tell specifics of my plan. What conditions are you as a IV member creating for me discussing my ideas. NOTHING. So that would mean you have no interest in listening to what i say but are just acting nice so that all thiose silent readers of the post will not notice this and think that you are doing great
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samay
07-29 10:36 AM
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.
To answer your question I will have to go through all your I-140 documents. What did your academic evaluation and experiential evaluation stipulate.
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.
To answer your question I will have to go through all your I-140 documents. What did your academic evaluation and experiential evaluation stipulate.
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gc28262
06-03 09:53 PM
Giving an interim GC while visa number is unavailable will have the effect of bypassing the entire GC quota system. How do you want the interim card to be different from the final thing? No way that anyone in Congress will allow for their laws to be overridden through USCIS rulemaking.
An easier fix would be to accord a FINAL status for a pre-adjudicated application. USCIS should not/cannot issue an RFE on an application once it has been accorded a FINAL status. The new status FINAL should be visible online and a formal document should be issued to the applicant stating that the application has been accorded a FINAL status.
This is easier to get done rather than an iterim GC. Applicant gets the peace of mind and can go around buying houses, changing jobs etc whereas it is just a procedural change for USCIS.
An easier fix would be to accord a FINAL status for a pre-adjudicated application. USCIS should not/cannot issue an RFE on an application once it has been accorded a FINAL status. The new status FINAL should be visible online and a formal document should be issued to the applicant stating that the application has been accorded a FINAL status.
This is easier to get done rather than an iterim GC. Applicant gets the peace of mind and can go around buying houses, changing jobs etc whereas it is just a procedural change for USCIS.
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walking_dude
02-13 02:43 PM
Are you sure you understood it fully?
I wrote " if you think ", meaning a lot of harping on is happening based on the assumption that removal of country limits will impact ROW badly. It's not the fact. Though it has been explained a number of times that its not the case, some members obstinately stick to their guns and regurgitate it again!
Taking some sentence written by me out-of-context does not prove anything.
Can I ask you a question? How much of IV goals you have supported till date? How many IV activities you have participated? How much you have contributed? I'm interested in knowing. If you haven't , whether you have incentive or not, it doesn't make even a teeny difference to the movement.
Is the cumulative effect of all three measures good for me (reduced wait time, or no change in wait time), or bad for me (increased wait time.)?
I read this, and I was referring to this:
So, does recapture and the increase in quota and the removal of the country limits, result in a greater wait time for me, as the comment above seems to imply. It would, if the recapture and the increase are not large enough to offset the effects of the removal of the per-country limit on ROW.
Coz if it does, then I don't have an incentive to support your goals, do I?
I wrote " if you think ", meaning a lot of harping on is happening based on the assumption that removal of country limits will impact ROW badly. It's not the fact. Though it has been explained a number of times that its not the case, some members obstinately stick to their guns and regurgitate it again!
Taking some sentence written by me out-of-context does not prove anything.
Can I ask you a question? How much of IV goals you have supported till date? How many IV activities you have participated? How much you have contributed? I'm interested in knowing. If you haven't , whether you have incentive or not, it doesn't make even a teeny difference to the movement.
Is the cumulative effect of all three measures good for me (reduced wait time, or no change in wait time), or bad for me (increased wait time.)?
I read this, and I was referring to this:
So, does recapture and the increase in quota and the removal of the country limits, result in a greater wait time for me, as the comment above seems to imply. It would, if the recapture and the increase are not large enough to offset the effects of the removal of the per-country limit on ROW.
Coz if it does, then I don't have an incentive to support your goals, do I?
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needhelp!
09-29 10:34 AM
Who sent the emails today?
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ita
03-30 11:02 PM
Kancha Ilaya(Sonia appointed ) is being allowed by the Indian Government to lobby with the UN and US Congress so that caste discrimination in India is taken-up by these bodies. (Indians on their own have come a long way in reducing these caste discrimination but alas these people won't want that dying)It shouldn't be any surprise if we see bunch of International articles on India's disgusting caste issues soon.
Rahul Gandhi/Govt of India invites British politician to Amethi on poverty tourism.Putting it in their own words they were trying to show this foreign minister real India (meaning 'sinking India not shining India' or may be they were trying to tell this British guy look we have managed to keep the country at the same state you left it , if anything we took it to another low level).Amethi has been a constituency represented by that family for generations in Priyanka's words. Forget about country they didn't do much good to their own constituency .
This British guy before he left the country said that Mumbai attacks could have happened because India didn't hand over Kashmir to Pak.He also gave a free although unasked advice ,if such future attacks are not to happen India should reconsider it's stance on Kashmir.
British media was surprised to see that Rahul Gandhi touted as future PM by the party and Indian media with equal excitement didn't want to comment on foreign affairs.Mumbai issue or anything else.
Now every country has it's share of problems..be it poverty or something else.Can you imagine U.S politician inviting French/German politician to view America's worst and media giving it huge coverage?Just imagine what would happen then.
Personally I like both Sonia and Rahul, can't doubt their intension of making India better
Rahul Gandhi/Govt of India invites British politician to Amethi on poverty tourism.Putting it in their own words they were trying to show this foreign minister real India (meaning 'sinking India not shining India' or may be they were trying to tell this British guy look we have managed to keep the country at the same state you left it , if anything we took it to another low level).Amethi has been a constituency represented by that family for generations in Priyanka's words. Forget about country they didn't do much good to their own constituency .
This British guy before he left the country said that Mumbai attacks could have happened because India didn't hand over Kashmir to Pak.He also gave a free although unasked advice ,if such future attacks are not to happen India should reconsider it's stance on Kashmir.
British media was surprised to see that Rahul Gandhi touted as future PM by the party and Indian media with equal excitement didn't want to comment on foreign affairs.Mumbai issue or anything else.
Now every country has it's share of problems..be it poverty or something else.Can you imagine U.S politician inviting French/German politician to view America's worst and media giving it huge coverage?Just imagine what would happen then.
Personally I like both Sonia and Rahul, can't doubt their intension of making India better
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_TrueFacts
09-04 09:43 PM
hey stop the nonsense. u r trying to argue with everyone. u r playing with people emotions.
why don't u just stop the arguments over here. just leave the dead person in peace.
if u don't like him just go and talk with someone else who also doesn't like him in ur family or with ur friends. i think u r spending too much time bashing YSR and his son.
r u considering urself as a "SAINT" , if u r saint, u have right to talk about other persons.
otherwise u should shut ur mouth. Its good for u and ur family. u used the word "KUKKA CHAVU" that's not at all accepted. i think u should keep ur tongue when u r using those words.
I am not arguing, I am making my point that YSR does not deserve any sympathy, for he being a corrupt, factionist gunda, land grabber who has killed numerous people.
If you have a point against that, please say so. I have provided numerous links in my posts in support of my points.
Also I am sure not a SAINT, but also I am not a rowdy or radical killer like YSR. If you feel that your emotions are hurt, don�t be part of this discussion. If all the crocked dead people deserve peace then do you support Saddam and Hitler too?
Any Sympathy for that gunda YSR is like accepting that he is guilt free of all his corrupt actions, land grabbing and amassing illegal wealth.
why don't u just stop the arguments over here. just leave the dead person in peace.
if u don't like him just go and talk with someone else who also doesn't like him in ur family or with ur friends. i think u r spending too much time bashing YSR and his son.
r u considering urself as a "SAINT" , if u r saint, u have right to talk about other persons.
otherwise u should shut ur mouth. Its good for u and ur family. u used the word "KUKKA CHAVU" that's not at all accepted. i think u should keep ur tongue when u r using those words.
I am not arguing, I am making my point that YSR does not deserve any sympathy, for he being a corrupt, factionist gunda, land grabber who has killed numerous people.
If you have a point against that, please say so. I have provided numerous links in my posts in support of my points.
Also I am sure not a SAINT, but also I am not a rowdy or radical killer like YSR. If you feel that your emotions are hurt, don�t be part of this discussion. If all the crocked dead people deserve peace then do you support Saddam and Hitler too?
Any Sympathy for that gunda YSR is like accepting that he is guilt free of all his corrupt actions, land grabbing and amassing illegal wealth.
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pitha
02-18 07:52 PM
I don’t get the point? If somebody comes here on visitor visa and files for 485 or people here illegally flip over to EB blah blah blah then you fix the loophole, you just don’t kill the 485 measure. If you have a brain tumor then you surgically remove the tumor. You just don’t cut of the head. Your solution to oppose 485 seems similar to that. What about the people who have been waiting for for a couple of years to get the labor and I140 cleared and cannot apply for 485 now, If you get laid off without 485 you don’t get AC21 provisions to get a similar job and the whole process is gone down the drain. Why are you worried about somebody who might do something in future when you don’t even want to bother about the people who would benefit from 485 measure right now and right here?
As you yourself suggested people from India (eb2 and eb3) should not worry about looking at Visa bulletins for the next 10 years because at current pace it will take at least 10 years. There is no company in USA in technology field which will keep you in the same position for 10 years. And you are opposing 485 on some loophole, so if I am reading between the lines people from India who have not yet applied for 485 might as well pack there bags and go back to India. Thanks a lot for your delightful insight!!!!!
BTW I talk about India not just because I am from India but because it is the most severely retrogressed category in both eb2 and eb3.Ofcourse people from ROW will also face the same problems I described above in EB3 if they have not applied for 485
For example the 485 filing without priority date; how many people knew that a person on visitor visa could file a 485; people from family base who are illegally here would be able to flip over to EB and come into this stream; people on L-1; f-1, etc. .
As you yourself suggested people from India (eb2 and eb3) should not worry about looking at Visa bulletins for the next 10 years because at current pace it will take at least 10 years. There is no company in USA in technology field which will keep you in the same position for 10 years. And you are opposing 485 on some loophole, so if I am reading between the lines people from India who have not yet applied for 485 might as well pack there bags and go back to India. Thanks a lot for your delightful insight!!!!!
BTW I talk about India not just because I am from India but because it is the most severely retrogressed category in both eb2 and eb3.Ofcourse people from ROW will also face the same problems I described above in EB3 if they have not applied for 485
For example the 485 filing without priority date; how many people knew that a person on visitor visa could file a 485; people from family base who are illegally here would be able to flip over to EB and come into this stream; people on L-1; f-1, etc. .
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sledge_hammer
02-16 08:27 AM
Great find!
I guess all the talk about suing USCIS will go down the toilet based on this excerpt from the article -
"Assuming that under the plenary power doctrine noncitizens possess few, if any, constitutional protections with respect to entering the country, the implications of racial and national origin exclusions on citizens must be considered. Because the Constitution unquestionably protects the rights of citizens, citizens claiming injury have a better chance at successfully challenging the immigration laws than noncitizens directly affected by their operation. Courts have recognized that citizens in certain circumstances may challenge the lawfulness of immigration laws because of the impact on their rights."
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.
I guess all the talk about suing USCIS will go down the toilet based on this excerpt from the article -
"Assuming that under the plenary power doctrine noncitizens possess few, if any, constitutional protections with respect to entering the country, the implications of racial and national origin exclusions on citizens must be considered. Because the Constitution unquestionably protects the rights of citizens, citizens claiming injury have a better chance at successfully challenging the immigration laws than noncitizens directly affected by their operation. Courts have recognized that citizens in certain circumstances may challenge the lawfulness of immigration laws because of the impact on their rights."
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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gc4me
03-29 09:38 PM
Looks like murthy.com is correct after all. Already filled I-140 with sub LC will not be affected.
Read this text.
*Substitution--Substitution of alien beneficiaries will be
prohibited as of the effective date of a final rule resulting from this
NPRM and that prohibition will apply to all pending permanent labor
certification applications and to approved certifications not yet filed
with DHS, whether the application was filed under the prior or current
regulation. This regulatory change would not affect substitutions
approved prior to the final rule's effective date.
Good catch!
Read this text.
*Substitution--Substitution of alien beneficiaries will be
prohibited as of the effective date of a final rule resulting from this
NPRM and that prohibition will apply to all pending permanent labor
certification applications and to approved certifications not yet filed
with DHS, whether the application was filed under the prior or current
regulation. This regulatory change would not affect substitutions
approved prior to the final rule's effective date.
Good catch!
more...
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ramus
07-03 04:52 PM
What did you put in the subject field.. It is very important to have right words in subject field so at least they will open the email and see what's in it..
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,
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,
girlfriend Anyway Amber, I was listening

Rohan99
07-26 02:46 PM
I like this thread a lot. It is so relaxing, especially after reading "EB2-EB3 Predictions (Rather Calculations).. " this thread is so intense, and uses 100% of brain capacity
You seem to be enjoying this thread. This should be lighten up - 2 :)
You seem to be enjoying this thread. This should be lighten up - 2 :)
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samay
07-29 10:36 AM
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.
To answer your question I will have to go through all your I-140 documents. What did your academic evaluation and experiential evaluation stipulate.
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.
To answer your question I will have to go through all your I-140 documents. What did your academic evaluation and experiential evaluation stipulate.
sanju
02-16 09:37 AM
We have enough grounds for lawsuit without them.
That is one way to look at things. The important thing is, whether the Judge looks at the situation the same way. It will be tough job to convince the Judge. If you seek legal opinion from a lawyer, lawyers mostly tend to say that you have a case expecting that that lawyer will be the one filing the lawsuit (i.e. making the money). So be careful with the idea and advise from a lawyer.
And more importantly, even if 'we have a case', do we have folks who are willing to be plaintiff in this lawsuit. Are you or Googler or chandu (because he replied to my earlier posts suggesting that we will find someone to lead) willing to be the plaintiff, or are you encouraging others (putting the gun on other's shoulder to fire) to be the plaintiff. If you see that there is chance/value in filing lawsuit, why don't you decide to be the plaintiff? Either way, if you are a plaintiff or if you know someone who wants to be one, why don't you take this to IV team.
Say we have a case, then to go to the next step we need -
1.) Someone willing to take the initiative/lead
2.) Plaintiff
3.) Resources
4.) There maybe more that I am not able to think at this time, because I no experience of filing class action lawsuit.
How to find what we need to file lawsuit -
For (1.), I suggest someone willing to give out his/her name as plaintiff should contact IV. I saw that folks are discussing this on too, but that site is not a non-profit. That site is owned by some guy who is earning good money of off the ads on his site. He won't spend resources to file for lawsuit although he has made good money off of the woes of others tracking their green card case status. So the only viable option is to get IV involved.
For (2.), if you want to see this through, then, at least one of around 180 folks who voted for filing lawsuit should be willing to be the plaintiff. If not, then someone needs to make phone calls to find a possible plaintiff.
For (3.), as mentioned above, I don't know of any one organized effort other than IV to lead such an effort of a lawsuit.
That is one way to look at things. The important thing is, whether the Judge looks at the situation the same way. It will be tough job to convince the Judge. If you seek legal opinion from a lawyer, lawyers mostly tend to say that you have a case expecting that that lawyer will be the one filing the lawsuit (i.e. making the money). So be careful with the idea and advise from a lawyer.
And more importantly, even if 'we have a case', do we have folks who are willing to be plaintiff in this lawsuit. Are you or Googler or chandu (because he replied to my earlier posts suggesting that we will find someone to lead) willing to be the plaintiff, or are you encouraging others (putting the gun on other's shoulder to fire) to be the plaintiff. If you see that there is chance/value in filing lawsuit, why don't you decide to be the plaintiff? Either way, if you are a plaintiff or if you know someone who wants to be one, why don't you take this to IV team.
Say we have a case, then to go to the next step we need -
1.) Someone willing to take the initiative/lead
2.) Plaintiff
3.) Resources
4.) There maybe more that I am not able to think at this time, because I no experience of filing class action lawsuit.
How to find what we need to file lawsuit -
For (1.), I suggest someone willing to give out his/her name as plaintiff should contact IV. I saw that folks are discussing this on too, but that site is not a non-profit. That site is owned by some guy who is earning good money of off the ads on his site. He won't spend resources to file for lawsuit although he has made good money off of the woes of others tracking their green card case status. So the only viable option is to get IV involved.
For (2.), if you want to see this through, then, at least one of around 180 folks who voted for filing lawsuit should be willing to be the plaintiff. If not, then someone needs to make phone calls to find a possible plaintiff.
For (3.), as mentioned above, I don't know of any one organized effort other than IV to lead such an effort of a lawsuit.
arunmohan
09-23 04:02 PM
are you sure that 5882 is dead ??? in that case, I agree lets do this on a major scale ...we don't have to say accurately how many people have not bought the house ...lets say 80% of legal high paying immigrants are not buying because they don't have a GC ..(I did not read the prev threads in detail ..but I guess we need to include everyone ..and not just those who have not yet taken the plunge ..as that is more realistic) ....
I would suggest to everyone to pass this information to your freinds too. We need to do it on massive way.
Sending an email is not going to create any problem just a 2-3 minutes job.
I am sending to all my 40-60 friends.
I would suggest to everyone to pass this information to your freinds too. We need to do it on massive way.
Sending an email is not going to create any problem just a 2-3 minutes job.
I am sending to all my 40-60 friends.
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