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  • nixstor
    07-03 04:25 PM
    Hi all,

    Regarding the recent goofup by USCIS, please rate this story

    http://digg.com/politics/No_July_4th_Celebrations_for_Highly_Skilled_Future _Americans/who

    if this receives more than 100 users rating for the story in next 5-10 hours - it would be displayed on the first page. Digg.com is read by hundreds of thousands of web users and there is high chance of getting picked by main stream media.

    Note that you ll have to signup as digg.com member to rate it - it ll just take 30 secs of your time.

    Sorry I wasn't able to submit the official IV prlog.com url since it is not accepted by Digg.

    thanks.

    Here is one more to digg

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





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  • snathan
    08-16 12:29 AM
    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.

    If you are soft state they will after you...How come Israel surviving with all hostile neighbour....Do you know the seven day war. Do we have the guts to do that with any country who are launching terrorist into our land.?

    Yes...US is not attacking Pak...because Pak is living at US mercy.





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  • bfadlia
    02-15 04:31 PM
    Who is preventing people of ROW for applying H1b or Green card EB ? Employers look for availability of talent not for country of origin and anyone who competes in the global market wins. If ROW countries have less people with marketable skills or less people who want to work outside their countries,it is not the problem of Chinese or Indians. There is no logic with Employers being forced to wait for visa numbers to comply with diversity. There should be a FIFO system without any country of birth barriers. USCIS wastes more annual visa numbers due to these country caps. Lets make these guys fine tune this immigration system which is actually against the free market capitalist principles of this country.

    Employers hire only based on talent, ROW people must have less marketable skills or not want to leave their countries and we need to teach the US on capitalist principles.
    You are absolutely right, you didn't miss my point, you completely lost touch with reality.
    People who keep asking that we just stop the discussion, tell me how we can focus on the issues with people telling us there r more of them here because they are smarter and more marketable. Is this their idea of how to bring us together?





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  • voldemar
    03-26 06:47 PM
    And does this mean that this law will definitely change, or is it still possible that vested interests may still keep substition alive?
    It's not done till it done.



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  • gopinathan
    07-28 12:51 PM
    I see all the people in these forms who are highly educated but prejudiced about an opportunity because of bad practices by some narrow-minded people. the very word "amway" is frowned upon..

    This is what I learned from my experience (the last confrontation/discussion I had with my up-line before quitting). in case of Indians coming to study/work in USA, we did as we are told. we aced the exams, worked hard to get a job and our parents back home are proud. we achieved something in our lives and if a strangers walks by and slaps his pitch saying I am living a lie - that's a nasty pill to swallow. how in the world can someone expect an outsider tell him he is a loser and this business is his ticket to happiness ?? and everything these strangers in the malls do to prove it (like talking about retiring at 40, making millions while driving in $2K cars, having diamonds show their checks) its all making matters worse. that is not how you build credibility with a stranger.

    everyone likes financial freedom but you will never get someone to agree to that and accept for help unless you are his close friend or an associate. no one will open-up with his real worries to someone who just showed up with a smiles. how stupid is it to ask someone you come across in WM about his dreams vacation or retirement plans and have the guts to say have a vehicle to fulfill his dreams !

    .. a person has to be ready mentally to be approached for any business and if they are not ready then the same conversation which they might find helpful at the time when he is mentally ready would look like as a harassment when they are not mentally ready.
    ...
    And i believe these all practices of theirs is whats turning people off.





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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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  • immigrationvoice1
    02-14 01:18 PM
    You are assuming of course that all those who fall in the India category are Indians - I am not. I'm a Canadian who happened to be born in India and thus fall into that same bucket. My fellow Canadians who were born in Canada and are now in the US all support me in the removal of per country limits. Let us be more accurate and refer to this as the "mood amongst fellow Indian-born applicants", as opposed to "fellow Indians".

    With one fifth of the world population born in India, we probably consider everyone who has anything to do with India as "Indians" (as Russell Peters, another Indo-Canadian (Anglo Indian) said, "Indians - the ones from the Convenience stores and NOT from the Casinos!"), its the same thing...."Desis" would be a wider term I believe! We love all !

    Welcome...





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  • mbartosik
    12-13 05:43 PM
    When an argument is held in the Supreme Court you often hear the justices asking "What if" type questions, some of them verge on being narrow circumstances, but to declare something unconstitutional can have a wide impact and is a fundamental, so it should account for odd circumstances too.

    So here goes a potential set of arguments:

    Q> What if the Congress was unable to discriminate in other categories of immigration based on nation of birth? Would that mean that in time of war, immigrants would have to be admitted from a country with whom we were at war?

    Q> Would Congress no longer be permitted to try to balance the ethnic makeup of the country?

    I agree it is unfair on individuals, on groups, and it does smell, but I doubt that it is unconstitutional. I take the pragmatic view in my prior post on this thread (many posts back).

    Extending my pragmatic view:

    Even if it were found to be unconstitutional, then Congress can always amend the constitution, and if a Supreme Court ruling affected more than just EB category, then I would not be surprised to see an amendment. Then the only advantage would be to draw attention to the issue. But you know that the anti's would just make the argument --- "Look the evil immigrants are trying to write our immigration policy", and that would be an easy argument to make so then we would see something more restrictive in the end.

    So even if we won, we would likely loss.

    Just being pragmatic.

    (I'm not a lawyer - and my H1B enforces this)



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  • ujjwal_p
    05-11 07:25 PM
    I never stated that I support LTTE.

    I understand, how intolerant you are. What is wrong in protesting or showing resentment?

    It's not about showing resentment. Being able to protest is a fundamental right in a democracy, unlike a dictatorship which essentially the LTTE is. We do that everyday in India, America and other democratic setups. It's quite clear that you don't understand the basic concept of a pluralistic democracy that India and America stand for. To see what's wrong with what you said, let me quote you back :

    As a Tamil, I too carry the Indian passport with shame and can't wait to see the day when I become a US citizen.


    Now if you don't see anything wrong with that, fair enough. But I do. I don't see resentment there. I see treason. In fact, along with you I'll also probably party when you become a USC. That day will be as happy a time for Indians to not have you around as I'm sure it'll be for you.





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  • ivar
    08-15 10:16 PM
    -- Deleted ---



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  • kshitijnt
    05-30 01:59 AM
    Gaurav, you are right on the it. I am not saying ignore or accept, but spend your efforts there where you can get maximum return.

    like creating new quota for PHD/Masters, Visa Recapture, removing country limit from skilled EB immigration and NOT counting family members/dependents in yearly limit. If we can get even one of above done, it would give the best mileage as compared to go all after EB-1 abuse. You surely can write to CIS/Ombudsman/whoever but support IV for above efforts.

    I very much like your suggestions. Even one of this will help the community a lot. Our community should act more like an "alliance based democracy" in India that comes together to serve common purpose where everyone has some takeaway. We should exit the partisan leg pulling business soon. It is more damaging than we think it is.





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  • ItIsNotFunny
    02-13 10:50 AM
    I cannot agree more with the posts from lord_labaku and kuhelica2000. In 2000, during the startup boom I used to work with so-called "experts" in say java that would have a inflated resume, but absolutely no knowledge of what is happening. I am sure based on how their resume was structured, all of them are in the EB2 queue (I am in EB3 BTW). Last year in Nov, a group of us were talking about GC wait times when a friend who was about to apply for labor quoted..."but I do not need to worry, I am applying in Eb2". I have seen posts on this site where people have solely focussed on EB2. If EB2 becomes current, then these dudes would stop supporting IV....

    Removing the limited quota per country seems to be the ideal solution. But it would help if we do not focus only on the category our application is in. It would help if , after some of us get our GC, we still continue our support for IV.

    Be careful what you are talking on public forum.

    Please also keep in mind, some personal experience can not be generalized.



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  • Macaca
    07-04 12:09 PM
    Avg. For 1 person
    ------------
    Cost of Applying: $395 + $170 + $180 = $745

    What is $170 and $180? I got this number from my attorney.

    However, we are getting conflicting #s on application fee!

    Please resolve these #s. Lawyer fees vary. So we can give least and max #s.





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  • ns007
    04-28 10:18 PM
    From immigration-law.com

    04/28/2007: Labor Certification Substitution Elimination Final Rule Approved by OMB 04/27/2007

    The OMB approved this final rule. As soon as this rule is released, all those certified labor certification cases which have yet to be filed for substitution I-140 will be no good for substitution.



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  • jsb
    05-29 01:55 PM
    Ok, the guy that sets the dates says that he sees no possibility of dates moving forward for EB India and ppl are still thinking there is hope? I am an optimist and try to see the brighter side - and that side here is that we know there is no hope for those past 2005 in the next two years. That to me is sufficient to make decisions and move on. Be it changing to a different job or going back to the home country - most probably the former for me.
    Folks, we all agree the news delivered is not good. One good way to work en mass is to send complaints in thousands to the Ombudsman. For more details google for CIS Ombudsman.

    Further, if any one is considering to get back home, keep in mind that if you don't contribute to SSA for 10 yrs, your and your employers' contributions are simply lost (with some exceptions for countries with which US has an agreement). To collect SSA at 65 for India/China citizens you need not to be a GC holder. You can collect living in your country. If you are close to 10 yrs, just reach that mark before you make any decisions.





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  • newtoearth
    05-02 09:11 AM
    ...



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  • sledge_hammer
    01-14 02:01 PM
    A vrey very valid point!

    don't you think. AC21 (the famous Yates Memo) is also a memo. People expect USCIS to follow it though.... :o





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  • cal_dood
    07-24 07:55 PM
    No offense buddy. I am sure these are all valid points. We've all had similar experiences.

    But I always find it ironical...you read blogs on cnn-ibn by Indians, who say 'I'll leave this country if Sonia Gandhi becomes PM/ if Mayawati becomes PM/fill in the blanks". Then you read posts here about people ready to go back to India, or go to Canada. The funniest ones are who say "I love my India" and then start a thread about how to emigrate to Canada/UK/Australia/NZ. So basically it is "anywhere but India" ?

    It's always a tough decision to emigrate to another country. I wonder if people also take into consideration the politics in US, the war, the biased media in this country when making this decision - or is it just about $$$$ ?

    Its not the question of economy alone. When deciding to go back. Its a question about convenience.

    a) I don't want to stand in line to pay my Electric/Telephone/House Tax/Income Tax/Train Ticket/Air Ticket/Bus Ticket/Children Admission-donations/Petrol Line/LP Gas Line/Restaurant Line/Chola Bhatura Line/Samosa Line/RTO Office line/Registration line/License Line/Stock Buy line/Stock Sell Line/Bank Deposit Line/Bank Draft Line/Fixed Deposit Line/Kisaan Vikas Patra Line/Registered/Speed post Line/Blue Dart Line/Company registration line/College admission line/College fee line/University degree line/Interview Line/Booking a Car line/Beer Whisky Line/Canteen Line.

    Half the country stands in line, the other half manages the line. Neither has any civic sense.

    b) I don't want to bribe babus who manage above lines to get ahead in line.

    d) I don't want power failures/cooler failures/ac failures/broken roads/or other catastrophic system failures.

    e) I dont want fake or mixed eating oil / flour / milk / cheese / butter / peppers / lentils / rice

    f) I don't want dangerous chemical fertilizers in my produce (slow killers - massive kidney failure rate in India for past 10 years)

    g) I don't want to teach my children dishonesty and tricks of survival/street smartness (in ref to corruption in India) which don't add any value to their personality.

    h) The only reason I would wanna go back is for my immediate family and friends. Thats the only thing I miss when it comes to India.

    I wouldn't go back and I believe even MK Gandhi himself would'nt leave from Africa for India in todays times.

    Also Its the enemy within (corruption) which can cause great harm and we have that kind of enemy now. You can never ever change the attitudes which people carry in India without another revolution.

    I am sure I can come up with a huge list of positives too, They will sound very good and will give me a great feeling of fake National Pride.

    Now go ahead and kill me for saying all the above.!!





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  • trramesh
    06-15 11:00 AM
    For most of the ppl with hateful comments, Reality sucks and bites back. I agree with dilip and unfortunately, among billions voices and opinions dont matter. Just brutal personal attacks.

    That said. We cant stop the outsourcing and dumping. Today is biilions from India and china and tomorrow rest of billions from rest of world (like Africa and rest).

    If you dont have any proper counter argument, dont post. Period, dont stoop to personal attack.(race,caste,place and commutiy and alma mater).

    Grow up folks.

    As the saying goes, there are two sides to a coin, and there is definitely some truth in the counter arguments. There are quite a few blood sucking desi consulting cos out there, and those need to be cleansed out to protect our own country men from exploitation.

    Coming to the point of GC, it is the US gov that gave H1B and invited these people to come and work here to support its companies. At that point, it did not apply country quota. Now when it comes to adjudicating GCs, this unfair concept exists. The process should be unifiorm and fair. If GC and citizenship needs per country quota, so does H1B. Keep everyone at the same level. How is someone from a non retrogressed country more worthy to US than his counterpart from a retrogressed country.

    We cannot change what had already happened, and fortunately or unfortunately, we are here looking to have our future in this country. We also need a clear path to immigration. I think it is the moral responsibility of the US gov to show us just that. If the US gov wants to protect the jobs for its citizens, one cannot blame it, but dont let the L1s and H1Bs that you had already brought in years ago to rot in retrogression. After all, these guys also have a family and a career to take care of.

    The point I am trying to make is, let us not get into arguments that take us nowhere. Let us rather focus on newer ideas to make our voices heard. Let this forum serve its purpose.





    GCBoy786
    09-27 11:21 AM
    I feel that this will be an excellent idea. Atleast some people will be eliminated from the queue. I believe there are lot of people waiting for their GC to buy a home. It will also benefit them.

    I sent the emails to some of the senators in the list.





    jsb
    06-08 10:59 AM
    :) I thought it was understood by now, that without changes in law, there is no "speedup" (for 485 approvals). USCIS has been super efficient recently, what is missing is the "visa number".

    Trying to change laws sensitive to long term residents and citizens, by those wanting to be residents is a tough task. What is possible, which we should keep trying for, is to make suitable interpretive changes, in the form of clarifications, which do not appear to be a major shift to what have been US long term policies.

    For example, trying to do away with country quota would be very hard, as it is so sensitive for the main stream residents. Making it apply in overall immigration from a country rather than I-485 cases might work. Strong argument could be that EB I-485 candidates are highly qualified and are living in the US anyway. Therefore, applying any diversity rule on them does not make sense. However, country quota may continue to be applied for those who are not yet in the US, i.e. family based cases, or those EB candidates applying from their home countries with appropriate prioritization (for example, spouse joining may get highest priority).



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