Saturday, July 2, 2011

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  • Aah_GC
    08-16 12:04 AM
    Can we let him go then...? is there any guarantee they will not recruit more and massacre more? If its Israel already mosat would have taken the preparators. If its US, Pak would have been reduced to rubble.

    But India is only good to serve the mutton briyani...God save India.

    US knows that Pakistan is the mother of Terrorism, doesn't look like with all the aid flowing in, that it is being reduced to rubble. Terrorism is a deeper debate, and it borders on uneven economics, social structures, global imbalance to name a few. We have quite a few terrorists in India too, just look up Sikh riots of 1984 and Gujrat riots of 2002, the culprits walk scott free. You talk about Israel, how safe is Israel? Would you settle in Israel given a chance? The same is with the US, in the pretext of 9/11 the residual racism is now emerging in these situations.

    Whether we like it or not, Kasab will be hung to death. He is definitely a criminal, and it shines on our judicial system and independent media (both are screwed in their own ways) that we can tell that a terrorist hasn't been reduced to a weakling to not demand the food of his choice.





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  • n_2006
    06-28 10:16 AM
    I think the 40,000 number is the wastage predicted by the ombudsman at the prior rate of approval that was prevalent earlier in the year. This probably implies that CIS would have used about 100,000 numbers at it's prior rate or about 25000 per quarter. This in turn would imply that CIS would have roughly 40000 (predicted wastage) + 25000 (last quarter's numbers that might have been used had CIS continued at it's earlier pace) = approx 65000 available starting June 1. I highly doubt if this could be used in just a month or two.

    But all said and done, whatever the real number of visas that's available I feel it's in everybody's best interest to just apply at the earliest they possibly could.

    Can somebody please provide some information interms of country quota? This 40000 can be used for any country? Or if India and China used their quota and still visa's left, next visa bulletin may show retrogession for India and China and current for other countries?





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  • at0474
    12-13 02:15 PM
    "There is no "reservation", the nature of the clause is a cap, it does not give another country a minimum quota, it is written as a restrictive provision. and again- just because it benefits someone else does not make discrimination "right", in the strictest sense. right and wrong when it comes to discrimination are not relative. and if you believe they are, it's mighty slippery slope my friend because it does not take time to find yourself on the other side."

    --You have decided to coin the country cap quota as discrimination. After you take that position, everything you said seem difficult to challenge. Yes, you are absolutely right that "rights and wrongs" are not relative when you are discriminating against someone. You are also spot on that discrimination cannot be justified because it benefits others.




    "you sound suspiciously supportive of the caste system. i will say it again. such a system is wrong. i do not care which side of the fence you are on. was depriving blacks from voting wrong? or was it ok from the white side of the fence? please think before you post."

    --Why bother assuming opponent's position? What system I support doesn't add a jot to what we are discussing here. Depriving blacks from voting and not giving a greencard to you (inline with a bangladeshi) doesn't seem to hold any water. Let alone whites being "ok" with it, when you walk down the street with a bangladeshi, I hardly suspect if they can even identify you by your nationality.


    "please think before you post"

    --Let me try!!Hmmmmm!!! Nah!! IMHO, We cannot call country cap for EB categories as discrimination. Is it reflecting discrepencies in its implementation? Sure...no system works to justify its underlying intent accurately. Nevertheless, an attempt is made. Hence we call it a process. Harping against USCIS that it is plain discrimination is not going to get us anywhere. As times change, they have to change the policies to suit the prevaling circumstances as well. In the long run, if every other immigrant is a bangladeshi, I am sure they will be taken out from the diversity lottery program.





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  • garybanz
    12-14 02:25 PM
    Could you please tell us the problem on this law that can be changed to help us.


    Villamonte,
    Just so that we can understand the background of your continues opposition to this idea, could you please let us know your country of origin? Also some information about which state chapter you belong to will be great if you don't mind. :)

    Thanks.



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  • BharatPremi
    12-14 04:01 PM
    To summarize the discussions on this thread:

    Yes, it is 7 % for all countries.

    Now it is manifestly obvious that the 7 % figure is arbitrary, and not fair. That much we can all agree on.

    The real question, as raised in the first post of the thread by soljabhai is:

    (A) Is that constitutional?
    (B) (And this is the real question): If it is, what should we do about it?

    Intelligent questions, both.
    The answer to (A) is not clear. We need a competent constitutional expert to opine on the matter.
    For (B), (which is what the thread is really all about), there are lively discussions with differing views.
    lazycis has presented good evidence that the case is not cut and dried legally. It might be unfair, but those are the laws.
    mbartosik, alterego, me and others have argued (from different angles) in terms of pragmatism. (Cost is not worth the benefit)
    garybanz, soljabhai, and others have argued that it is worth it (Cost is worth the benefit).

    Anyway, agree or disagree, its an interesting thread with interesting posts..

    Addition to this:
    --------------
    - "7% limit" is not discriminative to "Any country" AND "Restrictive" especially
    to the countries from where maximum flow of labor comes.
    - When industry demands high number of labor and in the situation of getting majority of this labor from particular
    countries only ,since the available labor force in other countries does not match the demand for one or other reason,
    then this restriction becomes SENSELESS and useless in all its practical terms and limits.
    - "Country of origin based limit" "smells" (In Mark's language..:))
    discriminative when employment always have to be related with "skill" AND
    THAT IS A ETHICAL OR MORAL PROBLEM





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  • GC08
    01-28 04:09 PM
    :mad: They should stop the so called substitution.



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  • sertasheep
    07-04 11:25 AM
    Guys,

    I just took a snapshot. Thanks for bringing this to our attention!. You guys are great.. Thank you for all the help.

    I noticed that too but I thought may be they just putting rough nuumber and not exact..
    But you are right there were 3,185 highest ever..





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  • sachug22
    10-07 05:00 PM
    Some additional assumption in the calculations

    China gets its share of EB2 numbers (by priority date)
    95% cases are approved and none are delayed
    EB3 to EB2 porting and cross-changeability ignored (they counter each other)
    I-485 filled in last few months will not be approved (processing delays)
    DOS/CIS are efficient and follow rules.



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  • yabadaba
    06-26 01:33 PM
    ok heres the thing.. what is the point of this thread?

    if they retrogress mid month.. they retrogress... what can u do about it??

    just get ur meds done and file ur paperwork. do your karm...rest u leave it upto whatever spiritual power u believe in.

    by discussing this stuff.. u r not going to change uscis or dos's mind... right?

    and if it retrogresses mid month...u know AILA and other lawyers will start filing lawsuits...so chill





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  • hiralal
    06-11 10:34 PM
    your views are correct and analysis looks o.k. too the problem is even the genuine ones get flushed away ..survival of the fittest is not working now at all !!! say a person from worldwide comes in eb3 and say he is just a car mechanic (I know few from south korea who are in this situation) ..they get GC faster than Indian / Chinese EB2 / EB3 applicant (with 10 years experience and good bank balance)
    and Karma means ..do your work / duty and don't worry about results ..we need that ..i.e SEVERAL SMALL Campaigns (since big is not possible now due to members leaving IV / getting dejected that nothing is happening etc etc
    let us not analyze and discuss too much ..we talk a lot and hence the karma that we get is more talk from so called Experts ..lets do numerous small campaigns ..at the very least people will start coming back to IV plus new memberships



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  • voldemar
    06-26 09:23 PM
    If anyone has a URL or source of information that shows the USCIS stopped accepting petitions in the middle of the month even when the dates were current, PLEASE POST THE URL OR SOURCE.
    Logicfile, here is my understanding:
    Oh Law firm said :
    ------------------
    06/16/2007: Unskilled Worker EB Category Visa Exhausted Even in June 2007

    * This is a truly bizzare news. AILA has reported that State Department had advised the the USCIS that the EB-3 Other Worker category had been exhausted., and based on this advice, thedUSCIS HQ has informed the Texas Service Center and the Nebraska Service Center to reject EB-3 Other Worker I-485 applications even though the June Visa Bulletin shows visa availability. It is indeed a double blow news to the Unskilled Worker community. AILA is looking into legality of this action. Hmm............................................... .................................................. ...............?!................................. .................................................. ................................................!?

    06
    ----------------------------
    The link as usual http://www.immigration-law.com/Canada.html
    The source for that is AILA EB-3 Other Worker Visa Availability Update (http://www.aila.org/content/default.aspx?docid=22671)I don't have access to original AILA document.





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  • Rishi
    01-11 10:45 AM
    Friends,

    Don't waste your time on this. The American employers will never agree to this as LC belongs to them and they don't want to waste time, money and effort again and again. The only problem I see is our desi consulting companies misusing this privilege.

    I would say lets not waste our time as DOL/USCIS is trying to formulate ways to check 'LC Substitution Fraud'. At the same time they don't want to penalize the legitimate substitutions where an employee is already working for the same company for years.

    fighting retrogression and 485 filing during retrogression are important than this.

    Its my opinion only, pls take it on a lighter note...

    - Rishi



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  • visves
    06-26 09:27 PM
    I did clarify this with a Fragomen attorney and as per them though dates could technically be moved back in the middle of the month, this most likely may not happen in July and also maybe August since this depends on the number of approvals and not on the number of applications received. Even if there are tons of applications received, unless there are enough approvals happening simultaneously, dates would not retrogress in the middle of the month.

    Ok, if the Fragomen page is the source of this rumor: can someone who is a Fragomen client ask their attorney about what's going on here. That might help clarify things a bit. (Given that they are the largest immigration law firm, there's bound to be many IV members for whom Fragomen is preparing documents.)





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  • kc_p21
    01-14 09:26 PM
    You should change your user name to PALIN_Speak and all will ignore your messages!



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  • bitu72
    11-15 04:58 PM
    Hi all,

    i have applied on oct 15th , i have got a file number very quickly.

    seems like they encashed my draft on 10/25.

    so is my date going to be considered be 10/25.

    i got a letter stating your letter is in priority queue and we would contact you.

    when do they contact genrally. lany idea about next steps.

    thanks





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  • GCBy3000
    06-28 12:56 PM
    Already it happened for other workers category last month. In mid july THEY WILL STOP accepting 485s if they receive more than they could process.

    I did not see any precedance for stopping I485 in the middle of months for past 10 years. If it happens that will be first time



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  • vikki76
    05-13 07:17 PM
    RE: Jaime,
    Well, I am not sure of your reason..but whatever, if you are serious, then join any major tech company in US, and ask them to relocate to India.Cisco,Intel,Sun Microsystems, Accenture,Citibank etc. are always on look out for expatriate.
    If you won't join tech company,and explore for direct employment then max pay you might get is Rs 15 Lakh per annum. or 15,000,00.
    If you are an airline pilot,you will be welcome by open arms.Aviation sector is facing huge shortage.





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  • breddy2000
    09-04 11:05 AM
    Dealsnet,

    The contents of the link are facts. Do you have point to say so other than trying to pick on me and drifting from the fact that “YSR was a corrupt, factionist gunda, land grabber who has killed numerous people”

    YSR being Christian, Hindu or Muslim does not change the facts. The link has some valid points.

    Mr. CHANDV23.....You should have been aware that when you are logged in with your alias(aka _TrueFacts) it turns "Green dot" beside your ID. Your other ID "CHANDUV23" turns blue if you do not use it...

    Still making me laugh the hell lot trying to prove your point by hiding behind your real Identity. Why not accept that you are indeed "CHANDUV23" Hahaha...

    I guess this is what is called "Wolf in Sheep clothes"





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  • visves
    06-27 09:13 AM
    I think the point some of the attorneys are trying to make is that there were quite a number of extra visa numbers available (close to 40,000) apart from the normal visa numbers available for Jun, July, Aug, Sep. Unless the number of approvals come close to the total visa numbers available, there is no reason for CIS to arbitrarily move the date backwards. You were right in saying that there were a number of approvals in June, but I highly doubt they even came close to the extra numbers available. All the attorneys are trying to say is to not consider the number of applicants from the equation of trying to predict priority dates.



    USCIS had approvals before dates moved. USCIS knows the number of such approvals.

    These approvals are getting GC before approval of current applicants. If earlier approvals use up quotas, retrogression does not have to wait for current approvals.





    sapota
    02-12 12:52 PM
    atleast for people from India. esp. EB2





    lordoftherings
    07-10 11:06 AM
    Vancouver is really a nice place with beautiful climate all the year around even better than seattle. Good Luck!!


    lotr



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