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  • paskal
    07-17 12:58 PM
    Is it accurate to say that new way of allocating spill over visas effectively acheive same effect as eliminiating country limits?

    this is not correct. ROW continues to get preference.
    what has changed is that for a while USCIS chose to interpret the law in a way that gave EB2 GC numbers (the law mandated 28.6%) to EB3 ROW rather than spill them over the EB2 I/C. now they have corrected that and EB2 numbers (which include any spillover from EB1) are first used in EB2 ie category numbers are given priority.

    so the bonus advantage that EB3 ROW got for 1-2 years has been withdrawn. however with EB3 retrogressed and with EB2 I/C retrogressed, EB3 ROW continues to get all EB3 numbers except the 7% each for the retrogressed nation states.

    i would also like to know where the 20K number is coming from if anyone has a source please share it.





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  • ufo2002
    05-11 02:04 PM
    I agree with jnayar here... but everyone keep in mind that no system is perfect. But the US employment-based system has serious flaws... especially in today's more globalised-based economy. The requirement that someone stays in the "same job role / same employer" throughout the green card process probably made sense back in the old days when people usually tend to work their entire lives for one company. Today, that no longer makes sense. Employers everywhere almost have worker turnarounds of 2 years on average. That means given the average GC process is about 6 years, you could be looking at someone potentially changing employers 3 times!
    Would anyone like to continue working on the same role/salary for 6 years, given that costs of living increase annually? Of course not.

    I know that Australia has a "job-based" PR process, but it doesn't bind you to one specific employer... so at least you do have the freedom to decide what job you would like to take on.

    The question of immigration to which country is better would probably yield one and the same answer based on the parameters that appear relevant to most people. However, the comparison of immigration processes and systems is an entirely different question - in theory, an employment based immigration system would be a lot better if it is based on correct assumptions. However, an employmet based system that ties an employee to the same job for the duration of the application process, and which requires that the same application processing be redone every time an employee changes jobs, while curtailing the maximum period of time the employee can work in the country is flawed. If the reasoning behind this is that the employee has to show that he/she is indespensible to that one job (with all the highly specific skills that come attached to the job description) which no US citizen/resident is qualified to do, should statistics not show that the majority of positions for which green cards were applied for and obtained have the same employee continuing in that role long after the said employee gets a green card? I would be very surprised if the numbers show that a significant number of employees stick around for any period longer than a year or so in their current, gc-approved roles (and by that, I mean the exact same role for which the GC was applied for - be it with the same company or elsewhere.). In a dynamic market for labor where "skillability" and "learnability" are much more important than current skills and learning, how important is the applicability of a person's current skills to a job that would anyway keep evolving or even changing altogether, during the 6 years of so that a person is employed in that capacity while waiting for the green card?

    Just my $0.02.





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  • villamonte6100
    02-18 11:17 AM
    (1) There was no shortage of laypeople and even attorneys who asserted that "USCIS isn't doing anything wrong they are just following the law" when it came to FBI name checks. Fortunately for all of us sharper legal brains and sharper judges prevailed, and brought us to this happy day.

    (2) On Class Actions: Villamonte, have you read the Mocanu decision (http://www.bibdaily.com/pdfs/Mocanu%202-8-08%20LEXIS.pdf)? If not I encourage you to do so -- that was just individual cases being consolidated, but the situation is not very different -- you should pay particular attention to the part where Judge Baylson recommends a multi-district class action litigation to deal with all the other name check cases (see p. 16, para numbered 6).

    The parallels between the those cases and the one being proposed are very strong.

    Judge Baylson is not the only judge who has recommended a class action approach to these issues. IV members should also be aware that all we need are a few named plaintiffs, it isn't as though every IV member or even everyone wanting to sue needs to be a named plaintiff. All the judge needs to recognize is that there is a large group of applicants with same or similar grounds for suing USCIS/Emilio Gonzalez. Edit to add: IV the organization doesn't even need to be the primary plaintiff, since that will necessarily cutoff any parallel discussion with the agencies. The IV forums are just a place to organize this.

    (3) Preliminary Ideas on the Grounds for Suing (courtesy lazycis):
    The grounds for suing USCIS is the same as in Gonzalez v Howerton -- (a) interpreting the law incorrectly (b) not following the statutory requirement that they use up all the greencards available in a given year and therefore being guilty of affirmative misconduct. At the very least, a judge is within his rights to make them make amends -- by recapturing 2003-2004 EB greencards, since they wasted them as a result of their affirmative misconduct -- they waited for name checks or simply not processing applications - no one can say there wasn't an application backlog in 2003-2004.

    (4) First Steps
    What we need here is to get this matter before a good legal strategist who is familiar with (a) the two sources of affirmative misconduct (FBI name checks and cessation of processing in 2003-2004) (b) precedents and caselaw (note that most immigration law firms are good with filing paperwork, but not necessarily complex litigation, so forget about the usual suspects.) The perfect legal argument will not sprout up immediately. In the same way that the legal arguments in the name check cases were honed over time (lazycis can confirm this), this too will need some serious research and thinking.

    Those of you who want everything about this case sorted out, signed, sealed, guaranteed and delivered this week will need a reality check. :)

    As will those of you who think that the way to approach this is to discuss these issues without familiarizing yourself with facts and legal precedents in some detail (so arguments about slavery etc are not the ones that will win the day in court, it is arguments that can show that USCIS was not interpreting the law correctly and in doing so caused harm and that the harm can be remedied through recapture.) -- if you want to see how a case like this will work read Mocanu and Galvez. This case will not be a dramatic movie-style civil rights case about slavery, it will involve the most tedious sort of nitty gritty discussion of admin misconduct.

    OTOH, for most of us, all we've got is time -- I do not foresee my Jan 2003 EB-2 India PD becoming current any time soon. I'm prepared for a long legal battle. I'd rather do something constructive** that will likely change the process than sit and wait and mope.


    **: Yes, I've sent off my letters too. I think of these two things as complementary projects.

    Neither of us are lawyers and I wouldn't even bother reading what you wrote. All I can say is, why don't you ask your immigration lawyer about this Class Action. Let's see what he says.





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  • vkrishn
    07-27 06:55 PM
    Absolutely. To amway guys:- No means NO/NOT INTERESTED.. PERIOD.. I don't care whether you were flipping burgers or dream to become a millionaire. Do it yourself . Just don't harass people. Next time you will be arrested if you harass people.



    Kushal,
    This whole conversation was not intended to be personal and if it hurt you in any way then we all apologize ,most of the people here might be in or against amway/quixter but they are all more pissed of by the way they are harassed by so called IBO's with the way they treat their prospective clients.
    Why not just move on if somebody says no or gives a excuse to the IBO's, if anybody does
    really feel interested they will ultimately come back to you guys but why harass them with multiple calls and personal visits.

    Note - I would be intersted to see your tax returns :-) email me please since you agreed to.



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  • dealsnet
    09-03 05:45 PM
    I am from Kerala. not from AP.(studied in Bangalore and have friends from almost every state from India) I AM NOT A REDDY OR RAO.

    Some of my friends are from Bihar (CHILDREN OF MP'S, MLA) go home for elections and lead booth capturing. They shared their experience with me.

    CASTE POLITICS IS A THE RESON FOR ALL NEGATIVE COMMENTS.

    IN KERALA, CASTE POLITICS IS EXISTS (just pick a candidate for a constituency), BUT NOT IN THE RANGE OF OTHER INDIAN STATES. (ESPECIALLY NORTH INDIA)

    Let the people from AP, comment about him. If they give him second time, it is clear that majority like him. No doubt about it. If he is not good, why you people campaign against him by blogs for go to India and vote against him ???

    I DIDN'T SUPPORT ANY POLITICIANS. But have a sympathy for a dead person and other 5 people in the accident.
    This can happen to any one of us at any time. Do not rejoice in Tragedies.


    You claim that you dont know him and your only knowledge of him is through reading the news and yet you argue against those ruled by him. Did it ever occur to you that these people might know more things (that are not reported) than you do ?

    Welcome dealsnet reddy.





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  • gimmeacard
    07-28 03:54 PM
    Since you are in bay area I will reply to you. I don't need to see his tax papers, as long I can see mine. IF you are happy with your thinking so be it...stay where you are...and you can google froogle whatever you want. You will find your like minded people there too.

    I don't need to share my thoughts here...its like talking to anti-immigrants on legal/illegal immigration.
    Peace OUT!!

    can you share your Tax stmts from Amway? you can hide the key Taxid # and address, leaving your name there... lets see it?



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  • Rb_newsletter
    01-18 08:49 PM
    Still Desi companies are not following Labor laws.
    I know a company in OHIO still exploiting H1Bs......but payroll being generated....


    Hmmmmmm......USCIS this is not enough.

    If you know a company report it to USCIS directly or post the details here, we will report them to USCIS. By posting this kind of annonymous, baseless complaints in forums, you are making genuine H1s look like bad.

    Everywhere there are bad elements. History showed that there were corrupt senators/congress man. So do we have to penalize every senator and congressman? Should we shut the doors of the legislative assemblies and stop the elections?

    People choose to work for consulting company, because no law said it is illegal. People choose to work in consulting, because we can meet different people and learn different verticals. And in IT, consulting is the main business model. Even if the application is developed in-house, the department that uses the software is called internal customer. If we can work for internal customer legally, whats wrong in working for external customer.

    No business can evolve without customers. If IT consulting has grown up to this level, that means businesses welcomed consulting.





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  • GreenCardLegion
    08-16 03:47 AM
    I am a patriotic Indian. Why the hell cant this Khan guy go through the same ordeal as an ordinary Indian or any other passenger. Why all the fuss? Is he god??? Hell NO...I would just tell him to shut up and carry on with life. He is an idiot and just doing this for more publicity. How many Indian muslims go through this shit everyday? Why cant he tolerate this 2 hr ordeal like an ordinary Indian muslim or for that matter hindu? Racial profiling is for everyone who is colored and non-US citizen. He is not a good guy as he cant even take a 2 hr ordeal as an ordinary citizen because he thinks he is GOD...when in fact he is as ordinary as anybody. Just because he has money, name and fame should be become god? no way. I dont mind if the Indian airport security frisked Tom Cruise or any other actor. Who cares!! Its our countrys security, but you know what India wont do that as all the airport officials incl. security are so corrupt and also if they see white skin they will just allow them freely thinking they are god!! thats our stupidity not the americans???

    I am glad this happened to the so called "King Khan" as he is king only in his mind. Not for me because for me he is a talented actor other than that he is not GOD but just a mere human being..



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  • leoindiano
    08-16 06:06 PM
    guys,

    why are you behind balls? Someday, if someone reads these posts, one may think, SRK was frisked to see if he really got balls.....:):o:confused:





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  • gondalguru
    06-28 04:24 PM
    Does your attorney cost $400 to $800 an hour. I work with a law firm and our attorneys per hour rates are from $400 up. I don't understand your description of "very very high profile" attorney.

    Yes they cost around 350$ an hour. So I guess that makes them very very very high profile. Right.



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  • sparky_jones
    06-28 09:39 AM
    Matthew Oh has been known in the past to be a BIT of a sensationalist.
    Yes, there's no doubt about that. Although Mr Oh must be credited for providing us with valuable "insider" AILA information, he needs to tone down the manner in which he sometimes presents this information. This particular information is flashed as a "Special Red Alert", with very grim language on his blog. He should also have provided details on how AILA's liasion is working with USCIS to correct the situation, which is clearly a violation of regulation on the part of USCIS. Given the clear outrage over the lack of transparency in the case of the "other worker" category, what are the chances that USCIS will do this again, esp when it is against regulation?

    I won't be surprised if OH gets kicked out of AILA...for leaking AILA insider info (good for us), and for his sensationalism (bad for everyone).





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  • aps
    09-23 10:48 AM
    dude, suck in your hot air and sit down on the bench.

    I support this, if most of us like this. I considered people with one income and who lost jobs in this economic situation. If this idea is supported by many members then i will also support.

    aps



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  • immieb2
    01-14 07:26 AM
    Consulting companies are just the tip of the ice burg. They should really target infy, wipro, TCS like companies. They are the one truly exploiting the sytem to the fullest. They do not sponsor GC, do not pay the good salary or any benefit to the employee. I also dont see the share holders are rewared. God knows where all the profits are going. (which holes are getting filled)?

    I agree with you completely. I don't know what Infy and Wipro are doing with their money but TCS was filling Tata Motors and Tata Steel historically. Also buying companies like Land Rover and Jaguar while screwing their employees.

    Are they using TCS money to subsidize Tata Nano?





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  • weasley
    09-23 06:44 PM
    I completely agree with this. USCIS has better date than prior years. PD for October is Jan 2005,the numbers available for first quarter is 750 (approx) and around 700 I485s are in Jan 2005. We will know in Dec whether quarterly spill happens or not.

    The key difference compared to last year is Pre-Adjudication and improved communication between DOS and USCIS.
    .



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  • PlainSpeak
    01-14 09:50 AM
    PlainSpeak has a new sock puppet account called actaccord who has no choice but to support him/her. how many more accounts did gcperm create who don't donate ot participate?
    Guys lets not waste our time on manipulative salespeople.
    In cases like PlainSpeak we need a background check for free members posting more than 10 messages a day, not only charge them.
    I agree this member has been inciting people to start fighting with him/her and into arguments, and playing a emotional manipulative card by pretending to be a woman. did you take acting classes at a dollar store, its so fake and cheap?
    plainspeak is just trying to keep negative threads alive and incite more in-fighting.
    PlainSpeak has a new sock puppet account called actaccord who has no choice but to support him/her. how many more accounts did gcperm create who don't donate ot participate?
    Ok here is the fallacy in your argument. Why do i need mutiple accounts to get you guys to realize what u you are doing is wrong when this one account and this one post is all that takes to get everyone to see the real side of the so called senior members and donaters.
    Regarding GC PERM (Rolling my eyes NOT Again) see my previous post and please read it carefully and if you do not get it please read it a couple of time more. i am sure you will get it.

    And yes my friend TinyHK12 you might have just lost the support of the one guy on this forum who while not being abusive about my post also did NOT support me. He was rooting for AmitJoye a senior member here and some one with whose idea you agree 100%. Thats called as shooting yourselves in the foot

    In cases like PlainSpeak we need a background check for free members posting more than 10 messages a day, not only charge them.
    Sure that is a great idea. As i said before (I think i was responding to you post in another thread) a paid subscription for posting messages on this forum is agreat idea and background checks wow that is a new one. How about a criminal background check like they do for jobs in financial sectors. Great idea but please remeber this will have to be a requirement which wil have to be implemented for each and every member of this forum and yes that includes background check on you yourselves my friend TonyHK. And please dont even think about the privacy issues IV will face

    I agree this member has been inciting people to start fighting with him/her and into arguments, and playing a emotional manipulative card by pretending to be a woman.
    Ok first please get this one fact straight that i am a women but just so that all you abusive senior members and donors will breathe a little easy i will become a man for you. Then you guys will not have any constraints and will not hold back and will not feel bad about abusing a women becasue for your convieneice and so that you can abuse guilt free i hav ebecome a man. Now there is just one thing wrong with this logic

    ABUSING ON FORUM IS WRONG WHETHER IT IS AGAINST A MAN OR A WOMEN PERIOD
    Sheesh you guys are shooting yourselves in the foot every time you post on this forum

    plainspeak is just trying to keep negative threads alive and incite more in-fighting.
    If you senior members and donars will step back and think about this for a moment you will realize the truth and the truth is that you guys have accused me of mob mentality but the fact is it is you guys who have a mob mentality.

    How let me explain .........

    If you do no agree to a post all of you gang up and start abusing the posters and any unfortunate souls who agree with the posters. Normally that is enough to scare the poster away. He/she either decides that this is not worth it and takes an out or is coerced by you so called senior members in such a way that their will is broken and they are just plain scared (YES SCARED !!).

    Now coming to my post. There is nothing wrong in what i said. I asked for discussion to an idea. This is just like all the other guys and gals before me to tried the same. The only difference is that i stand by my comment and i do not abuse you guys back because i reply back to every argument of yours (No matter how stupid/illogical/abusive) with valid arguments. Now you guys do not know how to deal with that and the only way to respind is to answer back with strong arm tactics.
    But guys the answer is really simple. Answer back with logical arguments and if you do not have any more logical arguments please rethink about the arguments (Do brainstorming and come up with one argument). Do not spend your valuable time working out HOW TO DISCREDIT PLAINSPEAK AND GET HIM (I am a man for you sake) OUT OF THE FORUM. Instead think about a logical argument to my post and convince me. Hey i am here to be convinced, Not my brow beating Not by strong arm tactis and certainly Not by abuses but by Logic.

    (Logic in india is called Tarq. So bai log bhuddi or Tarq sa bate karo )





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  • gcfriend65
    06-26 12:34 PM
    The Visa cut-off dates are issued by the Department of State.

    Right now, the message shows:
    E. EMPLOYMENT-BASED VISA AVAILABILITY DURING THE COMING MONTHS

    All Employment Preference categories except for Third �Other Workers� have been made �Current� for July. This has been done in an effort to generate increased demand by Citizenship and Immigration Services (CIS) for adjustment of status cases, and to maximize number use under the annual numerical limit. However, all readers should be alert to the possibility that not all Employment preferences will remain Current for the remainder of the fiscal year. Should the rate of demand for numbers be very heavy in the coming months, it could become necessary to retrogress some cut-off dates for September, most likely for China-mainland born and India, but also possibly for Mexico and Philippines. Severe cut-off date retrogressions are likely to occur early in FY-2008.

    Can you confirm the source of your information, that the August Bulletin will be showing retrogressed dates.



    Yes, the august bulletin will be showing retrogressed dates. But when August bulletin is issued in mid-July, it does not impact the petitions received in July, because the August bulletin applies to August and even if August is retrogressed until 1975, they still have to accept 485s until 31st July.

    That's what your lawyer said. Right?



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  • vdlrao
    08-15 04:33 AM
    Seeing Sep 2008 bulletin I felt happy:). I presume in October 2008 bulletin the EB2 India/china Priority dates go back. But its a mild retrogression for a short span of time. After that the dates start catching up current again. EB2 India becoming current is inevitable.

    We need a legilation change for any considerable movement in EB3 India. I am presuming in the next two years there will be considerable changes in EB category immigration which directly relief EB3 India.




    mpadapa has given almost exact count on EB limit for 2008.

    http://immigrationvoice.org/forum/showpost.php?p=265989&postcount=90





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  • Caliber
    09-04 01:16 PM
    With all the due respect. Can you tell me how on earth can someone without Admin access reveal someone's personal details???? Pls read all previous posts.

    Paul Vadicherla
    Oracle Applications DBA at Otsuka America Pharmaceutical, Inc and Owner, ileadingedge Consulting Inc, Washington D.C. Metro Area

    Click the link below:

    Paul Vadicherla - LinkedIn (http://www.linkedin.com/pub/paul-vadicherla/0/233/69)





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  • harsh
    02-13 08:42 PM
    I am following this discussion and it is interesting. Here is what I get so far.

    USCIS is not allotting excess visa number horizontally. Unused visas from Eb1 and EB2 are not going to over subscribed countries but to EB3 ROW. The "total" visas in the law can be read as total visa across all categories. If this is true then it is likely that untill EB3 ROW becomes current, India and China will only get 7%. But here is what I do not get.

    1) From november 2005 bulletin, USCIS is saying that they are going to suspend AC21. Why did they decide to suspend ac21? Can they decide on their own when they are going to apply to AC21 and when they are not? Is AC21 not a law?

    2) Why or how did USCIS allocate large number of visas to over subscribed countries India and China before? Like in the November bulletin, USCIS says india used up around 44000 visas. Were they allocating more visas by following AC21? If yes, then why did they decide to suspend AC21? If no, then how they allocated so many numbers?

    I am trying to understand the how the USCIS decides to allocate visa numbers. And it is very complex.





    katewill
    11-09 09:20 AM
    oh well, this is how i feel. "i should have studied more and started with EB2"
    rules are rules, fair or unfair.
    what have you done other than just waiting? ( i've been waiting too)
    while others changed jobs and moved on to EB2 and got GC in 6 month.
    maybe you can also search companies with sub labor.
    you could have done alot of things if you needed to, but you didn't. (i didn't either)





    vallabhu
    10-29 12:23 PM
    I like the idea I dont know if this is already discussed but one thought I would like to share

    Because it is for sure that Congress will not Agree to give away GC with out wait time so we should show them some thing more attractive than just initial short term plan of investing on a home and getitng a GC what if some buys a home gets a GC and then sell it off for a 10-15 grand less prise I am ok to loose 15 Grand if I can get to apply 485 overnight.

    We make it attractive and more meaning full for economy and to congreess by saying we will buy a home make payments for 3 to 5 years without delinquency to apply for 485.

    Just a thought.



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