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  • Michael chertoff
    01-14 08:30 AM
    What about people who are on there EAD? who dont have H1B anymore? any comments?

    Please shere some infoormatin about this too. there are so many people like that, including me.

    Thanks

    MC





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  • sanju
    09-23 12:06 PM
    Current homeowners who are waiting for their GC MUST also be exempted from cap. This clause has to be there. Without having any gurantee of getting GC these folks have invested their savings in buying home even when the prices were high, WHY because they had real intent of making US their permanent home. So these people should too be exempted from EB cap.

    Senator DSLStart,

    At the end of your post, you forgot to say - 'I yield back the balance of my time'. What do you think this is, Senate floor, where you are proposing amendments? Laws are never drafted exactly what people tell lawmakers. The objective here is to gather attention to GC issues when they are considering proposals/ideas to resolve housing/credit crisis. Do you actually believe that this language/proposal will go as it is without any change, without anyone discussing it? In the ideal world, if you live near a Walgreens, you first create a perfect idea/proposal before sending it, and, in the real world you send out a good proposal/idea so that we do not miss the bus. Why make "the perfect" enemy of "the good". Let’s first get the word out that this is a possible viable suggestion, I am sure before deciding, they will make sure not to be unfair towards you. Turn over to MSNBC.com live and see that they are having an urgent hearing on this right now. They will decide something in next 2-3 days. Lets not argue about who has the "real" intent to make US as a permanent home. Kindly let the Senators propose amendments, and not cause delay in sending out the message, otherwise everyone will miss the bus.

    Disclosure: For the record, I own a house.





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  • newtoearth
    05-02 09:19 AM
    ....





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  • angelfire76
    05-29 09:24 PM
    still ppl feel pulling others lag would get them GC - this commnity can never be united!:confused:

    You are not getting the point. We are not pulling others down, they are pushing us down.
    It's not a subtle difference.



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  • gc_kaavaali
    01-22 02:01 PM
    I pity people who have coming to USA is foremost objective. In my case, i came to USA 7 years ago. Atleast i earned few bucks. But people who are dreaming about USA and taking education loans with the intention to payoff once they land in USA. It also includes people coming here on F1 with intention to work here. I feel really sorry!!!





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  • vamsi_poondla
    02-14 12:06 PM
    I do not support law suit for two reasons,
    1) I do not believe that lawsuit will bring a positive decision that benefits the whole community.
    2) I do not know any of those who tells that they support lawsuits, their level of commitment for becoming plaintiffs, commit the $s, time and energy

    I dont care if USCIS scrutinizes those plaintiffs applications closely. They can and they should. Those who are in such a good strong GC cases alone can come forward and participate because if it is legal battle, every thing is fair on both parties to use all legal means to weaken other party.

    You can stretch a government agency only to certain extent. No one can prove that USCIS intentionally took decisions so that they waste the visas. Just like my client cannot sue me for the bugs I introduced in my code.(in my good developer days). At the most court might ask agency to prove that they improved the process which USCIS can prove easily.

    I urge all members to understand the reasons why we should not support lawsuit. It is not a true consumer rights issue. It is a government agency with limited resources, ideas and priorities.

    Finally, what is it to the community on the whole - recapture of unused numbers. Then what whoever gets GC will be happy with their life and what about other deserving GC aspirants. As an organization, our objectives are very clear - we are pro-legal immigration, grass-roots organization for GC Reforms. We believe in lobbying. We believe in making the agencies improve the process, work with congress to increase numbers/ remove country caps, believe in the benefits of legal highly skilled immigration. If the idea is to benefit those 20% before 2004/2005 and not the whole community, I think it is selfish.

    I believe in IV strength, IV core principles, IV approach and IV leadership maturity. Every scenario is carefully thought, researched and evaluated even before turning down that idea.

    Success has many fathers but failure is an orphan. IV is the kind of organization which keeps the failure attempts also transparent and keeps the members in loop. It also introspects what went wrong and changes the course in next step. Admin relief is the first and foremost priority for us. next is increased lobbying with lawmakers.



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  • neocor
    01-09 01:33 PM
    I just got to this site via from immigration portal.
    I have been reading a lot in the other forum and here about the ways to cure retrogression. Lobbying for more Visa's and other things that were part of the S.1932 bill are fine, however these things are not going to solve the retrogression problem even if such a bill gets passed.

    No one seems to be talking about the real problem that is Labor Substitution. Abolishing Labor Substitution will itself take care of every retrogression problem.

    The INS does not have the right tools to police the misue of this rule. This is resutling in a lot of problems for even those employees whose Labor's get substituted even if they are still working in the same company.

    Any effort to reform immigration should start with first reforming the Labor Substitution rule (if not completely abolish).
    I know that all the companies/employers and the lawyers community are against removing the Labor substitution, therefore it will never be removed, but atleast it should be reformed so that it can be better policed so that no one is able to misuse it and play with peoples lives. And in turn add to retregression.

    Following reforms are needed in Labor Substitution.

    - First thing in the Labor Substitution reform is related to the Priority date. The Priority Date for a substituted Labor should the date when the Labor is substituted (or the I-140 filing date). It should not be be the date when the Labor was originally filed. This in itself will solve 90% of the problems related to retrogression.

    - When a Labor is substituted it should be verified immediately to find if there is any I-140 or I-485 that is pending based on this Labor. If so then the Labor should be rejected immediately. Currently this is not done at the time the Labor is substituted, therefore the resulting 485 filing just amounts to add up into the backlog of Visa Number requirement, until the priority date becomes current for this 485.

    - If an employee invokes the AC21 then that Labor should not be allowed to be substituted.

    - There should be a limit to the time until which a Labor can be substituted. This could be debatable and could have other consequences, as the INS could invalidate any GC application that is been pending for more than the this duration.

    In short the Labour substitution rule is in a mess and is getting miused a lot. People are getting fooled by the employers, and ultimately its making the retrogression more worse.

    neocor





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  • TeddyKoochu
    09-17 01:33 PM
    You are right on the point. In fact (I may be overly optimistic here), I would not be surprised at all to see PD of EB2I in 2007 or 2008 in the last quarter (Aug-Sept) and it may even see the magincal "C" in Sept 2010. (Making the dream come true for VDLRAO!!)

    (Remember, with preadjudications, there are no more pending EB2-ROW (except for the new adjudications) and EB2 China has been in 2006 for quite some time as well in the past)

    I sincerely hope your words come true! It has been a long wait for people who missed Jul 07. Lets hear from the expert VDL Rao.



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  • pappu
    01-28 08:28 AM
    I did not understand the meaning of this add. Please explain. Thanks!
    Such companies sell pre-approved labor certificates for several thousand dollars (I have heard 20K) and use it as a means to lure employees. Their LCs have very early priority dates and H1Bs are tempted to apply for such jobs. By mentioning LCs in their ads, they are also calling H1Bs to apply rather than being an equal opportunity employer for all people (including US citizens). All this gives a bad name for H1Bs and the greencard process. Anti immigrants use it against us in their campaign.





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  • Lasantha
    02-13 11:19 AM
    There's no POW at least where this topic is concerned. Somebody said that as a joke. ROW of course as Chintu said is Rest Of the World

    What is ROW and POW, please? I have seen both used in several posts (I am hoping POW is not Prisoner of War:)) Still learning the immigration lingo!



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  • jsb
    06-05 10:18 AM
    Not really the biggest barrier is same or similar job. It is absolutely unfair no not let someone grow into different areas and keep the job exciting. I personally had to pass on so many opportunities even within my own company because of similar job constraint. In fact in many good companies including mine the executives encourage you to get experience in different areas of business before you are considered ready for executive positions and the VP of my division clearly told this to my director that i need to move on to a different job area. In general the AC 21 is risky and if you are waiting for 6-7 years you may not want to take the risk as USCIS make decisions which are unreasonable. AC 21 is also not a law and is subject to interpretation. The deal is that it is completely unfair to not let a person grow professionally and let him or her try different careers. Granted some folks may like to stay in same job area and continue what they are doing and these changes will not impact them but for those who want to try something different every few years this same or similar job rule is a curse.

    EB is based on employer's need and sponsorship. Even AC21 is a deviation (in our favour) after 180 days wait. That seems fair, as permiiting you to ditch sponsoring employer soon after your filing for permanent residency could lead to fraud.

    Any suggested change should not appear to be too much deviation from the original intent. Best potential seems to be for USCIS to communicate preadjudiation decion to clients without waiting for the visa number (stating that the decison letter could be used for GC benefits, such as those given by EAD & AP, until such time formal GC card is issued, which could be done when visa number becomes available). This should reduce USCIS workload as they will not have to keep on working same cases again and again with frequent requests for FP, job confirmation letters, etc.





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  • waitingmygc
    01-14 12:43 AM
    Working with direct vendor will work. Please read:

    Page 5.
    Long Term Placement at a Third-Party Work Site.



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  • mnkaushik
    07-14 10:18 AM
    My Priority date is Jan 2004, EB3-India category having approved I-140 and applied 485. I have sent my EAD and aP for renewal which expire in last week of September. My spouse is in EB2-India having pd Dec 2005, also applied I-485 (140 is approved) and has applied for EAD and aP renewal which expire in last week fo October. We both applied independently and are using our H1bs and not EAds.

    Since my spouse's PD is going to be current in August'2008, I was planning on applying for a second 485 as a dependent on my spouse's application. Questions i have are -
    1) I did my medical for previous 485 in June of last year, is that still valid?
    2) Can I still keep my previous 485 application or should I cancel it.
    3) What should i do about my AP and EAD? I have travelling job and am thinking of looking for a local job around end of the year or begining of next year. So would like to know what I should do about EAD and AP

    Lastly is there something i am not thinking of?

    Will greatly appreciate your response.





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  • lazycis
    02-14 12:58 PM
    Galvez v. Howerton 503 F. Supp. 35, 39 (C.D. Cal. 1980)
    http://boards.immigrationportal.com/showpost.php?p=1838094&postcount=14843

    "Plaintiffs herein allege that officials of the Immigration and Naturalization Service (INS) have engaged in affirmative misconduct in failing to process their applications for adjustment of status to that of permanent resident aliens. They seek a court order compelling the defendants to issue them appropriate visa numbers."

    "Where there has been affirmative misconduct on the part of the INS, the United States may be estopped to deny the availability of visas to those otherwise eligible but for the government's acts. See Immigration & Naturalization Service v. Hibi, 414 U.S. 5, 8-9, 94 S. Ct. 19, 21-22, 38 L. Ed. 2d 7 (1973); see also Villena v. Immigration & Naturalization Service, 622 F.2d 1352 (9th Cir. 1980) (en banc); Santiago v. Immigration & Naturalization Service, 526 F.2d 488, 492-93 (9th Cir. 1975) (en banc), cert. denied, 425 U.S. 971, 96 S. Ct. 2167, 48 L. Ed. 2d 794 (1976). The central inquiry here is the determination whether or not the conduct of the INS, including the failure of the INS officials to understand the applicable law, the improper rejection of plaintiffs' visa applications on two occasions, and the ensuing delay, constitute affirmative misconduct.
    It is the duty of the agency to inform itself of the law which Congress has authorized it to enforce. The INS admits that its personnel were not familiar with the current statute applicable to plaintiffs' visa eligibility and thus erred in returning [**8] the plaintiffs' applications on the basis of a misinterpretation of the relevant law. This failure to act in accordance with law is an aspect of the agency's affirmative misconduct which the Court cannot overlook. Administrative Procedure Act, 5 U.S.C. � 706(2)(A) (agency action to be set aside where "not in accordance with law").
    Another aspect of the present misconduct relates to the agency's failure to fulfill a statutory duty. The INS has a statutory obligation to issue visas to qualified applicants to the full extent of the annual quota limits established by Congress. 6 The legislative history of the Immigration & Naturalization Act indicates that this duty has not been left to agency discretion, see S.Rep. No. 748, 89th Cong., 1st Sess. reprinted in (1965) U.S.Code Cong. & [*39] Ad.News, pp. 3328, 3337-38, but is obligatory upon the agency. "

    "IT IS HEREBY ORDERED that plaintiffs' Motion for Summary Judgment is granted, and defendants' [**14] Motion for Summary Judgment is denied. The Court orders the defendant Secretary of State to issue A.T. Cortes and E. Cortes Fifth Preference visa numbers and to charge them to the 1979 visa allotments"



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  • dealsnet
    05-13 10:21 AM
    Both Tamils and Singalese are our people. They migrated to Lanka about 2-3 thousand years back. Now the fighting is for stamping authority to rule one over the other.
    2000 years back most of the south India speaks Tamil/Dravidian language. Malayalam is a new language made from Sanskrit and Tamil.

    No one is sure who migrated to Lanka first. Tamils are still in India, so poeple think they migrated and now making a fight with the foreign country. It is wrong. See the links below to see the Singalese miration details.

    I am not a Tamil or Singalese. We cannot say Tamils went to Lanka and asking for homeland. The truth is both Tamils and Singalese migrated from India. May be Tamils went to Lanka before the Singalese. LTTE is a terrorist organization, but it gained popularity because of Singalese neglect of Tamils. I don't think the problem can be resolve through military means. The war will change from conventional to gorrilla within this year.
    Only political solution can bring peace.
    Read these historical facts about the singala migration.
    http://www.lankalibrary.com/books/sinhala_history.htm

    http://www.sinhaya.com/begining.htm
    http://www.country-data.com/cgi-bin/query/r-13173.html





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  • sc3
    07-08 05:22 PM
    Is there certain minimum "safe" numbers of days one has to stay with the sponsoring company after getting the EB Green Card.
    In my case I have been working with my employer since Sept-2001 (almost 7 years). My GC labor was started in Dec 485 filed in May and GC approved June 24, 2008.

    I was in the middle of changing jobs using AC21 just before my GC got approved, hence this urgency. How soon can I join some my new job ?

    Thanks for your time.


    Hmm... GC labor started in DEC and got approval in June 2008, congratulations buddy. What is your category? EB1? EB2?? EB3??? If EB3, it is quite surprising to see an approval for a "non-current" date.



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  • Kodi
    05-14 10:46 AM
    If you have canadian PR, can't you work in US or do you still need a working visa to work in the US?

    Thank you.





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  • gapala
    02-13 11:11 AM
    Lets see how a common member look at so called "GC Dream" and try to understand why there is no unity.
    Is it what is called "Inspiration" which is missing? I guess so. Can we call it "Motivation"?
    What else can we call that "thing" which stops us from uniting for a cause? "So far I am just "Encouraged" thats all, not inspired". Is this what it is? I do believe there is a huge difference in these 2 words.

    Everyone in this community are Brave and Courageous.

    Note: Do not jump on me asking What am I doing on all this. :) I think we just have to realize this to get a bigger perspective.

    Well -

    AMAN KAPOOR, JAY PRADHAN, HIMANSHU and everyone who are on the forefront are JUST ORDINARY COMMON PEOPLE LIKE EVERYONE HERE. the idea behind IV is to provide a support network. If people want to see success - they HAVE to be a part of it. The efforts of such organizations is not to make profits and then sell shares and perform well and then make people join it, it is to provide with a platform where people can help themselves.

    This is truely heroic

    Our primary issue is in our thought process. We want to do everything, we want everything in the world BUT we do not want to stand up and rise in unity. Not necessarly true in everyone's case. several people do not care about green card. Their approach is to stay here as long as they can (or They are allowed so to say) and if the situation gets violent or unbearable. They plan to choose the best option to move back to home country and take advantage of what ever is the exchange rate.

    We want to blame IV leaders saying they are rude and pushy. We come up with discussion threads saying we must do this we must do that and finally we see these discussions just getting buried. Again Not everyone does that

    Good examples of how communities thrive anywhere in the world are the Jewish community and the Patel community. The only reason they have succeeded is because they believe in themselves and their cause - they are all over the world and are united, they have managed to make their lives easier by uniting for their causes. There is no question that unity is the key but not easy as the individual goals are different. Unity is not constant..people unite based on the issue and its effect on them. Once the issue for which they united is resolved or becomes one of less importance" they will choose to stay away. There are several examples in the history even revolutions and freedom strugles. Unity pervails until the comfort zone then it takes its direction.

    Look at us - if green card is delayed - we say - I dont care about it, India is rising - but are we going there? No way - no one who says "India is rising" will go - in fat they will be the first to apply for any immigration benefit. Again this does not apply to everyone. Some may apply for immi benefit but nothing wrong in that and they take that concious decision on the situation that odds of getting GC in this life is near 0.

    Why are we individually so highly skilled and intelligent and capable but collectively so naive? As important this issue is for you, is not as important to atlease some of the members in the community. But still they will do what ever they can for the community with out any "inconveniene". That does not make then in admisible in this community. Does it? If yes, then thats the number 1 block to cross towards unity

    Why do we always want others to do it for us? is it because if there is any opposition the active ones will be affected and we can escape? is it cowardice that stops us from being united? Not necessarly. No one wants others to do anything for them. (Not the people who start new thread with action items for others and pop under the hood). I believe majority of the people are brave enough to take courageous actions when issues are important for them.

    I do admire the leaders in this community. We feel its cowardice because the importance with which the people who take lead on the issue expects others to take the issue at same level of importance. In order to be able to unite people on issues we will have to atleast "Convince" them that this is as important for them. I would suggest a poll to see how many are very serious about GC? Must to have, Nice to have, do not care. I am sure majority will be later 2 categories.

    What is success? How can we achieve success? The word success is "relative". Success for one may not be a success for other."
    Why are we finding excuses for not doing our part? "The reality is people do not think this is as important as going to work tomorrow".
    Why do we always want to praise others but not do something? "No Inspiration". Inspire them and see they will turn the mountian around.





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  • logiclife
    05-10 05:19 PM
    The slowness that results because of employer petition and bureaucratic delays(backlogs centers) and quota delays(retrogression) IS A HUGE PROBLEM. Please read my original post.

    I am not saying that US system is perfect. I am saying that the employer-petition(if working properly and speedily) is better than points-based system(as two different comparable methods of adjudication for immigration) to protect the workforce from oversupply of labor.

    If current system wasnt a problem, our work would be done. If the whole GC process took less than 2 years, it would be not bad and being stuck with one employer for 2 years is probably workable for most people.

    And yes, please dont get me wrong, IV has not changed its goals or diluted its goals, I am merely voicing my opinion on the debate/discussion over different countries' immigration system and how they stack up against each other - both for immigrants and for those countries.





    polapragada
    09-24 12:31 AM
    Matt_Kelly@Specter.senate.gov ID is bouncing





    snthampi
    08-02 04:38 PM
    Same here. Let us give green to each other and make us very green. How about that?:)

    I agree and will do.



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