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  • knowDOL
    05-19 09:44 AM
    August 2003 is a good PD if it were EB2 and you could have stayed with your company. I heard in this forum from someone that, if the person is Masters graduate and worked in related for three years they are exempt from cap even though they applied in EB3 category. If this is true, it is good for you to stay in your current company and not try substitution. If this is not true and if I were you I would have gone for substitution.

    What ever you do, do it with good terms with your current employer, so you can come back and join them and be able to use the 2003 PD, if some thing goes wrong with your substitution. If you leave the company and join something else, if you think that you cannot join them back, then it may not worth it. Again, it depends on your personal situation, if you don't have a spouse who is waiting for EAD to work, you should not be risking this.





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  • srikondoji
    06-26 12:19 PM
    the USCIS may retrogress the dates mid month due to heavy load of applications in july.
    However my lawyer just confirmed that
    It is not possible for visa numbers to retrogress mid-month.





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  • akred
    02-15 11:11 PM
    oguinan,

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

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

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

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

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

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

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





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  • nk2
    09-23 11:53 AM
    This is a good idea. I will send the emails.



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  • sivasiva
    03-26 10:06 AM
    gururs,

    Is it possible to substitute labor as future employee?

    Thanks





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  • jonty_11
    06-28 12:33 PM
    "expecting retrogresson ....in first wk of July... " ??
    I thought logiclife already clarified that can not and will not happen!!
    Thats why this thread is called " Rumour is that"



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  • digmetalq
    08-17 03:32 AM
    Maybe Indians don't have balls, but there is something called cultural exchange which every country share with each another. Now if SRK decides that US immigration has mistreated him and he decides not to enter US, world is not going to fall down. Recently I heard that HOLLYWOOD wants to come BOLLYWOOD to make investments, maybe out of bussiness sense HOLLYWOOD should support SRK. Big B recently refused doctorate from Aussie unversity in support of Indian students mistreated in Australia. Maybe Indians don't have balls but they have brains.

    Did I forget that we can light our bulbs.





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  • suriajay12
    09-24 07:59 PM
    congress or the president or USCIS is not going to come and physically check whether you are staying in a house or apt ..and it is not that the original suggestion will become a law in the exact terms (I cannot imagine that there will be a law saying that only those who buy house with 20 down will get GC) ..i.e. the purpose here is to show the giving faster GC's to people who are waiting since 8 years helps the economy in some minute way. and the reverse (i.e. to make a highly paid immigrants wait in line for 8 - 10 years) does not achieve anything !! ..INFACT if there are lot of job losses and if those who are here for 8 plus years start to go back (with their bank balances) ..THEN there will be measurable losses for US ..because the IT person not only takes one job to China, India or some other place ..but also trains lot of youngsters in those places and who end up taking more jobs away ..a BIG loss (plus buys house there, pays taxes, services there) (but I guess politicians are too selfish to see that !!).
    it is as simple as that !!! i.e. give people faster GC's and it helps the US ..make them sweat and keep them in limbo does not achieve anything...will it work God knows ..but it is worth trying since nothing else is happening and soon if things worsen then the GC will be meaning less for many.
    Also, In the end ..if we do go back ..then atleast we will have the satisfaction that we tried everything ..
    ----------
    on unrelated thoughts ..this wait really sucks ..for me it is almost 5 years since I applied for GC and I cannot even imagine how the people who applied in 2001 / 2002 feel.
    -------- and on related point ...don't rush to buy houses if u don't have a GC (actually this makes sense for those on GC too) ..here is a point from an article by Meredith Whitney who sort of became famous after making some correct forecasts.. this article was written today.
    -------
    Whitney said home prices were not close to bottoming and expects prices to ultimately be at least 25 percent lower from current levels. She also sees further declines in homeownership rate.

    The unemployment rate, which is up over 40 percent year-on-year in key states, is "headed materially higher," Whitney said.

    Albert,
    I agree with you.. We need to make the points clear, point wise too. A big letter.. some points may be missed.

    Plusses:1,2,3,4.....
    Negatives:...



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  • amitjoey
    07-03 06:03 PM
    clochhead@sfchronicle.com.





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  • alex99
    09-04 11:02 AM
    YSR is far better than Chandrababu Naidu(Iron Leg) and Balakrishna



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  • tikka
    07-04 12:18 PM
    http://digg.com/politics/U_S_Withdraws_Offer_of_60_000_Job_Based_Visas_Ange ring_Immigration_Lawyer/who

    http://digg.com/politics/Rep_Lofgren_Issues_Statement_on_Updated_Visa_Bulle tin

    http://digg.com/politics/USCIS_Visa_scandal





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  • McLuvin
    06-17 01:54 PM
    Dude, i agree with you... All about dumping/low cost labor/yours BITS/MSFT talent...

    Get my point right... you are getting old and you are scared... you are feeling insecure... you DUMPED 100k :) for YOUR MBA program.... dont shit bricks... dont worry.... when we who need to feel insecure are doing ok.... I think solely considering your status.... you should go have a ball... oh i forgot your MSFT/BITS stuff...

    Karthik S

    I am simply stumped at the level of comprehension of the folks right here. Let me summarize my views as points and hopefully I will get through to you guys

    1. My mention of BITS was not to prove that I was the best and the brightest. It was to prove that my education was NOT subsidized by the govt of India directly or indirectly. Remember passing out of any university doesnt confer the title of the best and the brightest. Unseenguy - If you have kicked the ass of IITians, bitsians etc then consider yourselves genuine. Why this unnecessary trip down "Not confident about myself lane" ?

    2. My mention of MSFT was again not to prove that I am part of the best and rightest. It was to prove that I came here not with the value proposition of low costs but with the value proposition of hardwork and some talent. I did not compromise on my pay or did replace any native employee. Oh BTW I left MSFT in 2000

    3. My mention of the 3 layoffs and my journey was to inform you guys that whatever is happening now is similar to whatever happened in 2001. I wanted to calm down the nerves of the genuine people. Without reading and comprehending the posts, I get responses like that I was an illegal. Remember I was taken back in for 2 days, 485/AP/EAD applied and my jobless days were with my EAD in hand.

    4. One of the reasons, I am against outsourcing companies is that they dump low wage workers. If you guys are aware, every country, including India and US, has anti dumping laws to protect local industries. I am not against offshoring or outsourcing but I am against dumping. Some posters have questioned how I would be affected by all this if I were the among the best and the brightest ? Valid question to a good extent. If you realize that as you age your speed and dexterity at which one adopts newer skills start waning. How long do you think that upgrading skills in a single industry would be possible when you are going to be constantly competing with walmart style options ?

    For now I have chosen to enroll myself in an MBA program and I am hoping that my skills wouldn't be diluted. Think about going to school at age 35 with the responsibility of family and kid. This is my last ditch effort in upgrading my skills because it involves a substantial ownpayment. I am not sure about you guys but a 100K investment for school now is huge for me. The big question is, I am able to pull up my last bit of energy to upgrade now but will it be possible 5 years now if these outsourcing companies starting dumping low cost MBAs ? This is what I meant by my quality of life being impacted. If you guys think that you wouldnt go through the same scenario, then you need some serious retrospection.

    One last thing I would like to point out the inherent contradiction that the current prospective immigrants are facing today. GC is a process that is there to fill in the lack of skills in the US. However with unemployment running close to 10%, the question arises as to whether to train local populace for these skills. There are just 2 exits out of this contradiction

    1. Bring in low cost labor to fulfill this shortage and avoid local training costs
    2. Expand on a new idea. Green seems to be the buzzword today.

    In my opinion, option 1 is lose lose situation for all including the actual foreign employee who provides the services at a low cost. It is the outsourcing company for sure and probably the hiring company that may benefit. The society as a whole loses. Option 2 is an organic option but is laen with the dangers of delays in take off and boom and bust cycles. This is exactly the reason why I suggested that we cut these outsourcing cs from dumping bodies here. I hope I have clarified my opinions lucidly and hopefully look forward to a mature discussion as opposed to name calling, affronts etc.



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  • kumjay
    06-27 03:42 PM
    I am sorry to say that all EB-3 and EB-2 dates have gone back to 2001. Please check DOS site.















    *******You want rumor.....I will give you rumor ************





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  • shree19772000
    08-03 01:24 PM
    Hi All,
    I am starting a new thread to clarify a roumour I heard that begining August 2006 the labour substitution is not possible. Can anyone confirm this please.

    Thanks



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  • alisa
    06-28 08:44 PM
    If USCIS do reject application without notice then we should file a big law suite...AILA will be with us..

    Sure!!!
    Nothing will come out of it.

    Whats the difference between God and USCIS?
    Atleast God doesn't think that He is USCIS.

    So, relax.
    In the worst case scenario, we will be no better off in July than we are in June.





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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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  • mheggade
    07-22 12:18 PM
    Vdlrao

    Appreciate your thoughtful and encouraging posts. Continuing with Ron Gotcher's line of reasoning:

    "It is worth mentioning that the CIS has never adjudicated more than 85,000 EB AOS cases in a single fiscal year - though this year it is possible they may process as many as 110,000 if they go all out. Keep this fact, together with the size of the backlog, in mind when trying to estimate how long it will take them to get to your case when your priority date becomes current."

    How do you reconcile USCIS productivity with the number of visas that are available? In other words, although there may be sufficient numbers available to move the priority dates forward in the next fiscal year, USCIS can only adjudicate a limited number of cases per year.

    Till now USCIS used to hide behind Name Check as stumbling block and reason for the low number of EB 485's approvel. But now it is not an issue.

    They will be in great pressure to go all out and do the job, just like they did during July fiasco when they approved 60,000 I485's in one month.





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  • Abhinaym
    01-13 01:45 PM
    Just more ways to perpetuate their buereaucracy and make the lives of legal immigrants (and non-immigrants) tougher.

    Almost every rule these stupid agencies make is against small businesses.





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  • OLDMONK
    07-24 05:41 PM
    Agree with few points in your argument though overall it went little overboard. Whisky Line??? Are you implying there are no lines in US? Ever heard about GC Line???????:))))))I havent waited for 5 to 7 yrs in India for anything and not got it. Maximum I waited would be Tirupati temple for 12-14 hrs:)

    I am only implying convenience is a big factor in deciding your future and your children future and where would you like to concentrate your energy/passion for the rest of your life.

    I wouldnt mind waiting in Tirupathi line or waiting in line at Jai Mata di temple, for that the choice is mine. I am talking about lines which I have to get to or have my bahadur/driver/employee if I am in business do it for me.

    Of course it sounds overboard but you wont believe the kind of lines (specially the close times) where state government dispenses alcohol. (new delhi is one of those).

    BTW I forgot the Movie Ticket Window line (also the black line by the cycle stand LOL). I am sure I forgot a lot of other lines. The Key is Convenience for me.

    Anyway don't take it too literally but I will give you a real example. I could never pay my electric bill for a commerical place even if I wanted to. There is a middle man. If you don't go through these middle men they will hassle you every month. Will come up with something so they can threaten you with a disconnection. Now at a business place and specially in service oriented business you cant fight them. For house electric bills thats not case though.

    Same for sales tax guys, excise tax guys, ca's and lawyers. To get my IT clearance even after having every paperwork, commissioner (IAS) tip was Rs. 1000. forget babus and chaprasis.

    As for your GC comments that is not the right comparision, as we don't require a GC in India. The closest would be Passport line (3 months to 2 years) and you have to bribe the enquiry man no matter what, and which state. HDFC Draft Line, Visa Line (after 40-100 days wait), Wrong passport picture run get new and go back to line. Not mentioning H1B sponsoring employer line.

    :-) and I am not saying I am 100% right. You may come from a fortunate/honest town/village where there is still honesty and sincerity or Maybe one didn't face it as someone in their family was a bigwig, meaning every one knew (fiction) Anirudh is son of Income Tax Commissioner or Malaika is daughter of H P Dwivedi who is MP from Rohtak, Haryana. so for those guys it was sir, sir, sir all around.

    but when Sachin hits a century or sets a world record.. Mera Bharat Mahaan. (India is great) Right? Sanya anyone? Right?





    alisa
    06-28 08:35 PM
    June 28, 2007
    USCIS: RUMORS OF EARLY VISA RETROGRESSION

    Late Wednesday, rumors emerged that the USCIS may attempt to retrogress the July immigrant visa numbers early in July and reject I- 485 (adjustment of status) applications filed early in the month. USCIS has taken such action already with respect to the �other worker� visa category involving non-professional workers.

    Visa availability is based on the U.S. Department of State Visa Bulletin, which is published monthly, not on a rolling basis. If USCIS cuts off visa numbers in mid-month, this would be a clear violation of Federal law and agency policy. If the USCIS were to take this arbitrary action, it would cause significant problems for applicants and employers alike.

    If USCIS cuts off applications on a certain date in early July, this will most likely occur without advance warning. In that case, not all applications will be accepted for processing. Be aware that that USCIS will reject an application unless it contains certain minimum supporting documents. For I-485 applications, minimum documents include a completed medical examination and birth certificates (or secondary evidence of birth, which must meet specific USCIS requirements). Applications for dependent spouses must include a marriage certificate. We strongly recommend that I-485 applicants obtain these and other requested documents as soon as possible. Until further notice, please do not plan to travel internationally during the month of July.

    We will work as hard and as diligently as possible to get I-485 applications filed quickly. This will require active cooperation by all applicants to obtain needed documents. Again, please understand that the proposed USCIS action is just rumor at this point, but if the USCIS takes such action, it will likely be without warning. Further, it is possible that there could be retroactive rejections of applications once filed. Unfortunately, this is all we know at this time. We do not know when and if any such actions will occur; we will also not know immediately which, if any, cases are rejected once they have been submitted.

    The attorneys at XXXXX are shocked and disappointed that the government could take such ill-thought and arbitrary steps and we will work to fight any illegal action by the USCIS. We are continuing to monitor the USCIS� actions and will provide updates as they become available

    Folks.
    It might be a cruel joke that USCIS plays on us.
    They can do whatever they want.

    For heaven's sake, lets just accept it, and hope for the best.





    BharatPremi
    12-13 05:09 PM
    If someone from country X, Y, or Z comes in on that same quota, that's OK - but we can't accept folks from countries A, B and C??

    jazz


    Yes, exactly that is the point. What would be the purpose(backdoor policy theme) to implement Per country limit , particularly for EB category? And why IN, Philipines, MX and china are the only choosen ones?



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