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  • Another prove of government misconduct is violation of regulations

    In addition to the aspirational 180-day deadline in 8 U.S.C. � 1571(b), the 8 C.F.R. � 103.2(b)(18) sets forth a detailed timetable for “withholding adjudication of a visa petition or other application if . . . an investigation has been undertaken involving a matter relating to eligibility or the exercise of discretion . . . .”

    I doubt these regulations were followed in thousands of delayed I-485s.

    http://immigrationvoice.org/forum/showpost.php?p=223449&postcount=3

    We have also over a hundred WOM rulings were court acknowledged that the USCIS "unreasonably delayed" adjudication of applications. Moreover, the USCIS intentionally pushed people to go to court

    http://bibdaily.com/pdfs/Mocanu%201-14-08.pdf

    "For reasons stated at the hearing and in this Memorandum, I have reached a tentative conclusion that Defendant USCIS, overwhelmed by these applications, has adopted a strategy of favoring delay by litigation, instead of developing an orderly and transparent administrative resolution. Although this strategy is often evident in private party damages litigation, it is improper in these cases."





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  • All,

    I have created DIGG article for this, Please digg it.

    http://digg.com/business_finance/How_to_Solve_the_Housing_Crisis_Let_in_More_Immigr ants_to_B_2

    Add this/your comment that involve the backlogged legal community already working in the USA, instead of more H1's. Thank you!

    ******

    Why is Gary looking outside of USA to tap potential home buyers? Just for folks who aren't aware - there are 500,000 high skilled legal immigrant already in USA who are waiting in queue for numbers of years to get their Permanent Residency. Thanks to the limited visa availability based on country chargeability (birth of applicant) and inefficiency of immigration system, these highly skilled, tax paying and law abiding immgrants are waiting for their Green Card (Permanent residency). Some of them have studied here, worked here for years and US is almost a second home to them. They are sitting on pile of cash, Yes - PILE OF HARD CASH. They wouldn't buy house or any big ticket items until they get Green card. Why not give these people, who are already part of our system, conditional Permanent Residency who buy houses. This will also get us immediately required cash and home inventory will go down as much as 300K at minimum. P.S. I AM TALKING ABOUT HIGH SKILLED LEGAL IMMGRANTS AND NOT ABOUT ILLEGAL IMMIGRANTS.





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  • Thank you for your answer.
    Kindly let me know how to contact you.





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  • Totally Agree with your assumptions, there are few more that can be added like

    Some 3-5% people with PD 2005 - 2006 are already approved (as low hanging fruits) during 2008 Aug-Oct period.

    Also recent span of RFE's by USCIS (for preadjudication) resulted in flushing out of some applications

    In short pending EB2 numbers that you are taking into account will be 10 to 20% less and available visa numbers from spill overs will be 20 to 30% more than what you projects. So forward movement will surely be there.

    However there is a doubt related to spill overs every quarter !!
    Allocations are surely made on quarter to quarter basis but there is no certain precedence in the past for spill overs, well i would say the past has been shady

    I recall once VB where EB2 I was giving numbers from EB1 and this was before the last quarter (happened in FY 2008). We have to wait till Dec, 2009 Bulletin.




    The analysis is very optimistic and does not account for

    Duplicates (multiple I-485 for same person)
    Discarded Labor (many people just discard the perm since they switch jobs or did not want to do GC)
    Upgrades (people had EB2 perm but got GC in EB1 category)
    Cross-chargeability (with spouse of PERM hold birth from non retrogressed country)


    If they all makeup to 10-20% of applicants then the PD will move much faster.





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  • I fully support this....





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  • That means---> Once the labor is approved you have to use it in 45 days.
    ie apply for 140 in 45 days or LC is expired...I'm glad they did not propose to file I485 in 45 days :D

    I think 45 days is too short. Since LC cannot replaced, it cannot be used for anyone else. So I dont understand why they need an expiry date too...At lease a LC should be valid for 6 months.

    But we have to wait and see what the final rule is. There may be some changes fromt he proposed rule.

    babu



    Can you anyone tell what the lines highlighted below in blue means ?

    ************************************************** ******

    RIN: 1205-AB42 Agenda Cycle: 200610

    Title: Labor Certification for the Permanent Employment of Aliens in the United States; Reducing the Incentives and Opportunities for Fraud and Abuse and Enhancing Program Integrity

    Abstract: The Department of Labor proposed changes to reduce the incentives and opportunities for fraud and abuse related to the permanent employment of aliens in the United States. Among other key changes, the Department is eliminating the current practice of allowing the substitution of alien beneficiaries on applications and approved labor certifications. DOL proposed to further reduce the likelihood of the submission of fraudulent applications for the permanent employment of aliens in the United States by proposing a 45-day deadline for employers to file approved permanent labor certifications in support of a petition with the Department of Homeland Security. The Final Rule expressly prohibits the sale, barter, or purchase of permanent labor certifications or applications, as well as related payments. The proposed rule also addresses enforcement mechanisms to protect program integrity, including debarment with appeal rights. These amendments would apply to employers using both the Application for Alien Employment Certification (Form ETA 750) or the Application for Permanent Employment Certification (Form ETA 9089).

    ************************************************** *******
    i got the above info from the OMB website below -

    http://www.reginfo.gov/public/do/eoViewRule?ruleID=269657





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  • As per Macaca's logic, pre Oct 2005 PDs will take up all the numbers available for EB2 Indai for 2007, in June and July.

    If that is the case why was the Bulletin for july not set to Oct or Nov 2005 and instead made current. Surely USCIS does not want to deal with all the extra workload if it does not have to.

    DOS/USCIS know the truth, but going by the Ombudsman's report, they want to use up visa numbers as fast as they can. So if they have 30K applications sitting, just waiting for visa numbers, now with everything set to C, they can blindly start approving without even seeing what the date on those apps is.
    Also, with EB3-ROW being 'C' they dont even need to worry about per-country limits. Just pick up the next almost-approved file, assign visa number, mail out. repeat.





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  • My Priority date is Jan 2006, EB2-India category having approved I-140. My husband is in EB3-India having pd Jan'2004, already applied I-485 (140 is approved) and got his EAD and AP. He is already using his EAD. I am a dependent in his I-485 but did not use my EAD and still continuing on H1-B.


    Since my case is EB2-India which is going to be current in August'2008. Am I eligible to apply for I-485 me being the primary and my husband being my dependent? If so would there be any problem when USCIS adjudicates my case?


    Will there be any movement for EB3-India in the coming year?

    Your valuable response is highly appreciated.





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  • If you are talking about SL Tamils, they are not immigrants but are the native sons of northern part of the present geographical area known as Sri Lanka. Before Europeans came, they had their own kingdom but when finally British left, they left it with hands of the narrow minded majority, who started to discriminate ingenious Tamils left and right.

    Of course there are Indian Tamils in Sri Lanka who were taken by British to work in the tea plantations.

    Current issue in Sri Lanka is between native Tamils and Sinhalese. Indian Tamils factor very minimal.

    Do some research before making a comment about entire ethnicity.


    Can I ask a question - tangential, maybe, but not by much. Why do Tamils have such a problem assimilating? Why don't they learn the local language and respect the local culture when they immigrate? Their motto seems to be "In Rome, be a Raman".

    And the opposite is true when people speaking other languages settle in Tamil majority areas - they are, dare I say, forced to integrate, because that is the only way one can manage to live on a day-to-day basis. Would Tamils ever allow a non-Tamil minority to gain even a tiny foothold in their areas where the Tamil writ would not run? I doubt it.

    Note that I am a firm believer of learning and respecting the local culture and integration. One does have a 'right' to propagate one's own language and culture, but they lose that right substantially when they emigrate to an alien land - whether it is within the same country or not.

    To extend the logic, when we (mostly people of Indian origin in this group, I would assume) immigrate to the US, while we may try to conserve our heritage in private, we cannot impose it on the locals. That is when you end up creating ill-will against immigrants among the native population. America has been a great melting-pot, and has had great success assimilating great waves of immigrants from various countries including Italy, Ireland, Scandinavia, Germany etc, and the reason it succeeded was that in a couple of generations, there was total integration into the American culture. We owe it to our adopted country to do the same.





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  • Let's look at the following news items

    "21 farmers end lives in 40 days in Andhra". Is anyone looking into this? Helooooo.

    Well i want to see a day when you are held up in secondary for 1.5 hours and then tell us your opinion.

    Your post is biased in the sense you trust everything thats coming out from immigration CBP but nothing that comes from Shahrukh. I want to know how did they count 66 mins accurately?

    A) was it time from standing in queue to being released?
    B_ Was it time of primary + secondary
    C) was it time of secondary only?

    Did they have stop watch from the time shahrukh entered the building?





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  • My point is that the immigration laws of the United States were racist until the 1952 INA act. They specifically placed quotas on people based on the color of their skin. Today's restrictions, while bizarre, unreasonable and unfair in many ways, cannot be defined as racist.

    Sure it is. Check the UN definition.

    http://www.unhchr.ch/html/menu3/b/d_icerd.htm

    ...any distinction, exclusion, restriction or preference based on race, color, descent, or national or ethnic origin which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of human rights and fundamental freedoms in the political, economic, social, cultural or any other field of public life.





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  • In 1992, 1994, 1995, 1996, 1997, 1998, 1999 and, again, in 2000, Canada was ranked No.1 by the United Nations Human Development Index as the best country in the world to live. Unlike the United States and other countries, there is no quota based on either nationality or occupation. The Canadian Government's new immigration plan for the next five years and beyond is to emphasize the admission of a greater number of skilled immigrants with abilities to contribute directly to Canada's economic and social development.
    The rights of Canadian Permanent Residents are almost the same as those of the Canadian citizens except a few, such as right to vote.

    1. After becoming a Permanent Resident you will have the freedom to live and work anywhere in Canada.

    2. You will also have the freedom to work in/with any profession/employer of your choice.

    3. You may purchase/sell any property, own and operate any business anywhere in Canada.

    4. A Permanent Resident becomes eligible for Canadian citizenship after living in Canada for a period of three years of the last four years prior to the date of the application for citizenship.

    5. The best of all, you and your family can enjoy the benefits of free Canadian Healthcare, free primary and secondary education and subsidized post secondary education, security of unemployment insurance, old age pension, child allowance etc.

    Benefits for H1B, F1 or L1 holders:

    1. Unlike US work visa for a specific employer/profession a Canadian immigrant is free to work anywhere with any employer or in any profession in Canada.

    2. Unlike applying for GC in US, you need not to be present in Canada or working in Canada in order to apply for permanent immigration for Canada.

    3. It might take you years to get a Green Card in US, whereas you along with your spouse & dependent children can get Canadian immigration within a period of 12 to 16 months.

    4. May opt to stay outside Canada for a period of 3 years in any given period of 5 years and still maintain his/her permanent residence status.

    ***The pass marks for federal immigration under the skilled worker category was lowered to 67 from 75 points. This is the best time to apply for immigration to Canada as this points criteria might change again any time which may render you ineligible for this opportunity.


    Many fallacies in your list.

    You are comparing Canadian PR with H1B. If you have US GC, you can do everything that you can do in Canada on PR.

    You do not have to be in US to file Family based or EB GC/ EB GC is for future employment ideally, and you have tojoinonly after your I-485 is approved.

    Oh just realized ....here is another shameless advertisement..PLEASE REMOVE THIS..

    BTW folks Canada immigration process is self DOABLE..and you do not need immi lawyers like ROOT **** law grp to do that for you





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  • Asking for exemption from quota will cause this proposal to fail. My suggestion:

    Of the 10,000 available visas per year for EB5, only about 3k to 4k are being used. How about if one buy a house and give a minimum $100,000 cash payment (not credit in US), he will get a temporary greencard from the EB5 visa pool. If after 2 years, the house is occupied and owned by the same person without problems with credit, he will get a permanent GC. This is on top of meeting the requirements of the category he is in.

    Sorry for bringing EB5 in my comments.

    This is just my opinion.





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  • For those who do not see the unfairness because of country of origin, here is a scenario:

    Your colleague and friend work in the same company as you, have similar qualification. Both of you apply for the GC around the same time, you get it years maybe decade sooner and can move onto a higher position, maybe better job. Your friend is still stuck at the same position even though he has been a good worker and should have been promoted in an ideal situation.

    We are here not because of our country of origin but because of our employment. So, lets not get into 'us' and 'them'. We are all skilled-employees, and that's what IV represents.

    A system that holds back employees for years because of country of origin instead of job performance is clearly broken. IV is fighting to fix it.

    (1) Increasing the visa numbers and (2) removing/increasing cap is only the solution.





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  • What has EB5 to do with amway?
    Did I mention I'm making millions? Obviously on the way, but atleast I have something to fall back to if I loose my job. Do you?

    Sure EB5 has to do. The Amwayers and Quicksteres claim to have entrepreuners and also claim to make millions (just like you are on your way to make millions). These are the two things required to get a GC in EB5. So if you are just reacing millions you should definitely plan for EB5 GC freeing up one valuable EB3 spot :rolleyes:


    but atleast I have something to fall back to if I loose my job. Do you?

    Sure I do. I have my savings and investment I am making on certifications and training to fall back on . It is rather you who will not just loss your shirt on this Amway business but will be deported for illegal and unauthorized employment. (Refer to MurthyDotCom : Home-Based Businesses : Inadvertent Unauthorized Employment (http://murthy.com/news/n_hombus.html))

    BTW, I have nothing to say on your business model or your gaining/losing money on it as long as Amway folks do not keep pestering me to join to their cult.





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  • TSA/CBP officers are no angels and are known to be rude to passengers at times. Having said that, I think we are all over reacting to SRK incident. Even the famous American Ted Kennedy had to face similar situation. GOI should lay off this incident.

    Sen. Kennedy Flagged by No-Fly List (http://www.washingtonpost.com/wp-dyn/articles/A17073-2004Aug19.html)

    Would Khan have fared better as Kennedy? (http://timesofindia.indiatimes.com/news/world/us/Would-Khan-have-fared-better-as-Kennedy/articleshow/4899589.cms)

    If Sen Kennedy can be flagged who the hell is SRK. He is nothing but an actor and there are thousands of them.

    Imagine an Indian celebrity getting flagged in India or an indian Politician gets flagged and questioned.
    The questioning officer would be suspended or transfered the next day.





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  • Any other way you can get in touch with her... phone??


    Wrote to Jennifer Ludden at NPR who regularly reports on immigration
    email addresses are first name initial followed by lastname at npr dot org, if you would like to write





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  • I agree with you. This guy applied his GC in 2001 and got it in 2003. In just 2 years. He made a stupid decision to leave MSFT and then lost 3 jobs in a short span. He is some nut mental case who is happy seeing others getting screwed. Maybe he works his way up by pushing others down.

    I dont understand as to why you are so enamoured about MSFT ? Is leaving MSFT a stupid decision ? Why do you jump to conclusions in a public forum without understanding the facts behind a decision ? Let me give you some facts about MSFT and my decision to leave. Draw your conclusions accordingly. As a techie, atleast then, MSFT was among the top notch companies to work for. The work was satisfying and not to mention the pay was rewarding too (atleast in 1994). Back then MSFT's core cash cow products were MS Office and Windows. That is the case even today. MS Office's 2000 release and Windows NT releases were path breakers. In my opinion, if you are in any group other than these 2 groups within MSFT, I dont think the work is truly satisfying. If your concern is a stable paycheck then ignore my opinion.

    Back in late 2000, the labor queue in WA, CA, NY and TX states was way too huge and the processing times were long. I surveyed the land for labor certification times and chose to move to MN or IA inorder to get thru this process faster. I chose a dot com company in MN and my labor and I140 flew fast before the 9/11 disaster struck. Oh BTW I was millionaire "on paper" for about 28 days :-). You may think that I went thru the entire GC for just 2 years. You need to check with people who had been GC during that time of the times we were in. In those days, in the immediate aftermath of 9/11, every immigrant in the midwest was scorned with hatred. Google immigrant tales and you will know. I had planned hard, gave up a stable paycheck and went thru 3 layoffs to get my GC. I believe that the long queues atleast in labor and I140 are due to a large number of people applying from NY and CA. I hope you would realize that people think through issues before making decisions. If you have not done the same dont scoff at people who do so.

    One last tid bit - MSFT is not the greatest of organizations that you think it is. As I said, if a stable paycheck is all you care for then you are right. If you are looking for real exciting action on the prfessional front, just in my humble opinion, think Hedge funds.





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  • It is very clear that there is absolutely no meaning for "quota" on 485 applicants.
    They are allowed to continue to stay in US forever, from the date of their application (assuming the case is good, and eventually will be approved, when visa is available).

    So the whole argument about "diversity" or even "controlled immigration" doesn't stand, since the 485 applicants are here permanently "except" for an official "GC card".

    The only thing the "quota" does is creating "uncertainty" in the mind of genuine applicants. This causes less spending, less home buying and eventually causing bad for the US economy. This just creates a second layer of "tax-payers" who have extremely high "purchase power", but doesn't utilize their purchase power, due to "uncertainity"

    I wonder why the politicians doesn't realize this simple fact yet?

    They either shouldn't allow 485's to wait in US (for diversity & controlled immigration claim), or should just remove the quota for 485's, and let them live their lives & utilize their purchase power to help US economy.

    Note that Adjustment of Status ( AOS) concept itself is a benefit to future immigrants who are already in the US (as a visitor, or guest worker), so that they don't have to go back to their country and wait for their turn. This in a way violates the country quota system. Normally people should apply for immigration from their home country, and come to the US only when they are accepted as immigrants. We are here in contradiction to the legal diversity requirement supposed to be enforced via country quotas, but we now say that there should not be such a diversity requirement because we are here anyway. This argument, of course, doesn't suite us, but is a proper one for the situation.





    My intention was not to devalue the merits of the incoming batch of immigrants. As I said, around 20% of the group are truly the best and the brightest. This was the case after the dotcom crash and will most likely be the case going forward. We had the same delays, retrogressions , guaranteed employment verification RFEs etc. Immigrationportal.com used to be the immigrationvoice of the times. I do not see much difference for the techies between what was then and what is going on now in terms of delays. I see 2 dramatic changes though
    1. People arent patient enough during these times. You would agree to the amount of venting going on in this site.
    2. The incessant dumping of low cost of L1s by the outsourcing companies.

    If you think through deeply, the second point is what is causing all the heartburn among the people waiting for their GCs. Believe me. All these extrapolated timelines that scream that getting GC today would take 10 years are all bogus. These headlines were the same then too. I can confidently say that the GC process will move fast within a year's time once the layoffs stop. It is just that can you survive till the govt policies become more rational ? That is where the argument about the best and the brightest come into place. If you are one, you would survive this and you will get your GC within 3 years. Honestly, my ntention was to calm the nerves of those people genuinely talented and waiting for their GCs. If I had missed out on that count, I think I should improve my communication. The arwinian flush was just to highlight that fact.

    Makes sense now. Peace.





    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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