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  • That is one way to look at things. The important thing is, whether the Judge looks at the situation the same way. It will be tough job to convince the Judge. If you seek legal opinion from a lawyer, lawyers mostly tend to say that you have a case expecting that that lawyer will be the one filing the lawsuit (i.e. making the money). So be careful with the idea and advise from a lawyer.

    And more importantly, even if 'we have a case', do we have folks who are willing to be plaintiff in this lawsuit. Are you or Googler or chandu (because he replied to my earlier posts suggesting that we will find someone to lead) willing to be the plaintiff, or are you encouraging others (putting the gun on other's shoulder to fire) to be the plaintiff. If you see that there is chance/value in filing lawsuit, why don't you decide to be the plaintiff? Either way, if you are a plaintiff or if you know someone who wants to be one, why don't you take this to IV team.

    Say we have a case, then to go to the next step we need -

    1.) Someone willing to take the initiative/lead
    2.) Plaintiff
    3.) Resources
    4.) There maybe more that I am not able to think at this time, because I no experience of filing class action lawsuit.

    How to find what we need to file lawsuit -

    For (1.), I suggest someone willing to give out his/her name as plaintiff should contact IV. I saw that folks are discussing this on too, but that site is not a non-profit. That site is owned by some guy who is earning good money of off the ads on his site. He won't spend resources to file for lawsuit although he has made good money off of the woes of others tracking their green card case status. So the only viable option is to get IV involved.

    For (2.), if you want to see this through, then, at least one of around 180 folks who voted for filing lawsuit should be willing to be the plaintiff. If not, then someone needs to make phone calls to find a possible plaintiff.

    For (3.), as mentioned above, I don't know of any one organized effort other than IV to lead such an effort of a lawsuit.

    just to keep things clear - I am against this. I voted 'no'. I just complimented lazycis's enthu in my post and I strongly felt that if these folks are so interested, they can form a google group and move their discussions on there and did strongly feel that probably lazycis has the fire in him to lead :)





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  • As someone else mentioned on this forum, it is illegal to earn while on H1-B from sources other than your employer.

    Nope that's not correct. You file your business earnings through 1099 and not W2. It has nothing to do with H1-B. Good luck.





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  • Well said. It is similar to Bill Clinton takes credit for revolution in IT area. It is all time. Gujarat prospered becuse of successful bussiness minded people. Growth was aided by high demand for export. I agree with you that though a guy has a great leadership skills, commanding speech, great administartive and management skills, if he commited/aided the crime, he has no right to hold the office. See the Alska Senator..He was one of the most successful politician and elected many times from alska for Senate. Now he is in jail at his very old age, just becuse he got money from oil comapines to renovate his house.

    There are lot of ifs and buts in life & world like .....

    I should get development job not testing.
    Bush should not have become president
    Mugabe should leave his post
    Pakistan should fix terrorism.
    China should have better human rights record
    Burma should release aung san su ki
    UK should return the gold it stole from India
    Australia should stop sledging in cricket and play like gentleman


    Similarly, I got the job because economy was good not that I did something.
    Obama became president because Bush screwed it up and he didnt have the talent.
    Pakistan is violent because Afganistan is out of control and they are unfortunate recipients of terror not creators.
    China has human rights problem because Tibetans are problem childs, not that China has done anything wrong.


    Similarly your wish is Criminals should not fight elections. Let me tell you that without favorable government policies the businesses can't succeed. The very business minded Gujratis have democratically elected Modi even after his visa refusal by US and Sonia madam touting him as a merchant of death etc. Right now Gujrat is no. 1 state in India in economic development index. So give the guy some credit where its due. All your thoughts are very well intended and ideally that is how things should be but one has to go by reality and one step at a time. Although the hands of law are very long and justice will be served some day or in some way.





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  • Is AILA doing anything about it? Do they need IV member support? How do we make it clear to the USCIS and Govt that targetting H1b and the free will of the employer to hire H1b is PURE SOCIALISM and anti-capitalism. It is a sure way of destroying the capitalistic engine that is keeping the US ahead. Is US becoming a restrictive economy like China? China is moving slowly but surely out of its old ways and becoming more and more open to capitalistic policies and we are finding the US slipping slowly but surely into protectionism and more socialistic principles.
    How can you protect jobs here by taking away the job of another person??
    The person was hired in the first place due to a lot of economic reasons that only a capitalist would know/understand. Simply by snatching the job away from one person and attempting to give to another WILL NOT HELP.
    This reactive response to unemployment will destroy whatever industry is left here. Even research is now being outsourced. Biotech/research triangles are springing up in china and India and elsewhere. Major US universities are now collaborating or setting up independent shops in India and china. Ofcourse Japan and europe is not at all behind. Where is the US left now? CRYING CRYING ABOUT H1B VISAS???? IS IMMIGRATION IS REAL CAUSE OF UNEMPLOYMENT HERE???????
    FINALLY ONE THING I HAVE REALIZED "WHAT IS DESTINED TO HAPPEN WILL HAPPEN".





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  • How should one answer Immigration Officer at POE "Are you working for your GC sponsoring Employer?" in case one has used AC-21 and moved to a same or similar job position in other company.

    It is best to carry your AC21 paperwork and tell them that you have invoked AC-21.





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  • Here is the response i see in Greg Siskind Blog
    -----------------------------------------------------
    Hi Ash - Hard to say. Clearly, the jump in EB-2 numbers this month was meant to try and ensure that the maximum visa numbers get used this fiscal year. If USCIS is still far off from using the numbers, then I could see the dates going current. Then, of course, you have new numbers available for October so the dates may move forward anyway.





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  • I was an 'IBO' in the past. did the business for 2 years and quit. so, i am one of those "quitters" as called by up-lines and one of the many reasons why the average yearly income is only $115/year :)

    you people are fighting for two totally different reasons

    (1) is Amway business illegal for H1Bs? and is Amway business model a ponzi scheme ? been with this business, I can still stand behind the business model - its fair and simple. you just buy from one manufacturer and advertise that to others. if you notice, they are actually advertising Amway Global on national TV. Are the products worth the money you pay is a different subject. can H1Bs do this, i hear yes/no from various sources and that is a separate subject too. this thread is about the bitter experiences and not the business model itself.

    (2) Now came BWW (for those of you don't know this term, this is the reason for all your heartaches / broken friendships and bitter experiences).

    how do you advertise your product/site ?????

    when i joined the business, I have atleast 10 very good friends. I talked to all of them and asked them to understand the business model, and not worry about the advertising part. I took all of them to major conferences (they couldn't say no to me out of friendship and curiosity on what i saw in it despite horror stories) but no one was keen at that time. so, i told them to come and see me when they have some free time and are thinking about making money part-time. no hurry. thats it. no clashes between friends or bad blood. no means no. they are your friends and they will come to you when they are looking. NO HURRY.. thats me.

    this is the point where problems start. BWW talks and teaches about doing it NOW. they want us to go through as many people as possible and believe in numbers game. if you show the plan to 100 people, 1 active IBO will join. so, show the plan 3 times a week at-least. that's the motto. when they asked me to go for cold contacting i refused out-right. how can i convince a total stranger when my close friends who believe in me couldn't see it.

    most of you are crying foul of people "cold" contacting you with fake smile/friendship while they want you to join the business. but everything has to do with BWW and their methods/CDs/meetings etc. its like a competition. the sooner you grow, they grow. so, they want you to grow as fast as possible. if you have to loose your friends/relatives on the way - your up-lines don't care. they say they are your friends/family. how can that be true ??

    to Kushal: I wish you luck with your business. but you have some temper my friend. who are you fighting with ?? folks on an online forum ?? you should know better than to throw stones at someone who doesn't have a name. what are you thinking.. you think you can convince everyone here to believe Amway/quixstar is good ???? seriously ?? only if convincing is that easy ;p

    to rest of the team: I know you don't approve the advertising part by randomly meeting people. I didn't do it either and extensive damage is done. people run away from Amway/quixstar like plague because some people want to get rich quick and asked their down-lines to spread the word as fast as they can. "run through people". find 1 person willing to work at the expense of 99 people getting offended by you. word of mouth advertising works both ways. bad publicity spreads faster :)

    all I am saying is: people advertised Amway really bad. people hate amway but they should really be mad at BWW and their strategies. it is unfortunate that no one really knows or interested to know what Amway model really is. all they can think of is about horrible experiences of cold contacting and repeated chasing.

    again, i am not with this business now but still think its a good model. it is based on word of mouth advertising, franchising, residual income - everything e-commerce (which is a subject taught at some universities). now add some short sighted people to do the teaching and BINGO.. screwed it up big time.

    Hi Gopi,
    Good post. But tell me why should i give a damn about either Amway or BWW? I don't.

    It is horribly insane to talk to your business ambitions to a stranger. Every person is different and I personally take it offensive when someone I don't know comes and bothers me with his/her business nonsense. I am sure there are many people who think in the same way.

    In the beginning, whenever a I came across a Desi in a mall or in a public place, it used to make me happy. Now, I always suspect that it could be a Amway SOB who is coming to me with his trash bag.

    By the way, Gopi, this is nothing against you personally.

    To all Amway street walkers, get the hell out of my way. I don't want to hear your nonsense. Period.





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  • Might be potential headline: USCIS betrays thousands of hopeful





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  • When your emplyer waits to file your GC in the last day of your 5th year in the fear that you will leave them DOES THAT NOT PROVE TO YOU THAT THEY R DESPERATE. Which employer in the right sense would do that if they did not want you. Especially when you are making 150K per annum there must be a reason, and it cannot be the mere laywer fee of 5K. This has been done by fortune 500 company and I am not talking about indian consulting firm. So please stop advocating what u are preaching you may have a different story but not everything fits into it like a cookie cutter!!!

    I know people who got their GC in 7 months from the date they filed PERM. and then there are many people getting GCs every month. There are both good stories and bad stories to tell about getting GC in US.

    There were times when H1 quota never reached the limit during the whole fiscal year, now they get used in just 2 days. This mess in GC process is a result mainly due to our own actions (temporary workers and consulting companies hiring temporary workers). Do you think majority of us once we get GC, stay with the consulting company that filed for our GC? When a consulting company files for PERM, they already have a foreign national working under H-1B in that position. So where is the real intent to hire an American when some foreigner is already working at that position?

    This employment based GC is a way for us foreigners to immigrate to US easily at one point. Now due to our extreme usage and abuse of this process, there are genuine people who are being sponsored to immigrate to US are also suffering. In a true employment GC scenario, the company should be desperate to keep you for a long time (more than 6 years after H-1B is maxed) for your valuable skills that they were unable to find in others. But in most GC cases, looks like we temporary workers are more desperate than our employers for the GC? aren't we? Do you see any companies sweating on how to retain you with them, because you H-1B is expiring and they have no way to keep you?

    Do not put all the blame on US immigration system, the majority of the blame should fall on us and the companies who are helping us to get GCs when our cases are not based on genuine sponsors.





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  • I applied for a labor substitution in 2003. The old labor had a master degree given out in may of 1999 and I had mine in august of 1999. I went and applied for it but the substitution was rejected after about 2 years. I wasted more than 5K and about 2 years. It is too much of a risk but give it a shot if it worth the risk for you





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  • hi friends,

    My suggestion is as follows : Let USCIS issue GC for primary applicants without considering PD :) and, issue GC to family members as per PD.

    Anyhow getting GC for primary applicant is important then dependent or let them consider whole family as single case instead of considering each family member as single.

    regards,
    chethan





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  • If USCIS is not efficient, cut off dates do not help much for pending I-485s even if there is a horizontal spill over. If USCIS is efficient, there is nothing to argue, EB2 will be benefited as analyzed by vdlrao , me and many other here. I am only trying to say that USCIS efficiency and its 'Target' for each year is a crucial factor when it comes to speculation. The number of visas approved is directly proportional to agency's efficiency and its set target. Depending on that, some parameters in our calculations change . For example, If they do not use the FB to EB spill over, we will be less by 20k for the year. If USCIS and DOS only utilize 130K out of 140K, we will be less by 10K more.

    I am not pessimistic and please note that I am not contradicting any one. I my self did detailed analysis in May 2008 saying that it will wonderful year for EB2. Please find the post here.
    http://immigrationvoice.org/forum/showpost.php?p=246481&postcount=1422

    Hope USCIS will works efficiently..

    Hello Gurus!!

    We all talked much about USCIS working style. some members criticized USCIS and some praised. so now our hope of GC and feature is in the hands of USCIS not DOS (since DOS moved the dates).. now the point is what actions we can take to make USCIS to work up to its 100% ability to clear off the pending 485's for the people whose PD is current?

    Can we do some call campaign to wake-up USCIS and tell them how frustrated we are with its processing?

    OR

    Can we fax a letter to USCIS director explaining our issues and how frustrated with the way USCIS is working and tell them our suggestions to improve the processing standards and efficiency?

    Any other thoughts from any one?





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  • The congress is fully occupied with the housing issue right now. Should we sent to all congress members instead of a selected few?





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  • Emailed All

    :rolleyes: Whatever works :rolleyes:

    matt_kelly@specter.senate.gov, <lisa_owings@specter.senate.gov BOUNCED





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  • ^^^^^





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  • Well said. It is similar to Bill Clinton takes credit for revolution in IT area. It is all time. Gujarat prospered becuse of successful bussiness minded people. Growth was aided by high demand for export. I agree with you that though a guy has a great leadership skills, commanding speech, great administartive and management skills, if he commited/aided the crime, he has no right to hold the office. See the Alska Senator..He was one of the most successful politician and elected many times from alska for Senate. Now he is in jail at his very old age, just becuse he got money from oil comapines to renovate his house.

    There are lot of ifs and buts in life & world like .....

    I should get development job not testing.
    Bush should not have become president
    Mugabe should leave his post
    Pakistan should fix terrorism.
    China should have better human rights record
    Burma should release aung san su ki
    UK should return the gold it stole from India
    Australia should stop sledging in cricket and play like gentleman


    Similarly, I got the job because economy was good not that I did something.
    Obama became president because Bush screwed it up and he didnt have the talent.
    Pakistan is violent because Afganistan is out of control and they are unfortunate recipients of terror not creators.
    China has human rights problem because Tibetans are problem childs, not that China has done anything wrong.


    Similarly your wish is Criminals should not fight elections. Let me tell you that without favorable government policies the businesses can't succeed. The very business minded Gujratis have democratically elected Modi even after his visa refusal by US and Sonia madam touting him as a merchant of death etc. Right now Gujrat is no. 1 state in India in economic development index. So give the guy some credit where its due. All your thoughts are very well intended and ideally that is how things should be but one has to go by reality and one step at a time. Although the hands of law are very long and justice will be served some day or in some way.





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  • The OP was whether the country quota is constitutional. My interest was to find out if the current laws and regulations are violated by the country quota.
    As lazycis pointed out, SC seems to uphold the current situation.

    I was not looking into arguing in a court whether a particular regulation is fair or not. The law is what it is (what I or you consider fair or unfair is immaterial), question was : Is the law being implemented or not? Seems like it is.

    To change the law, we as IV are lobbying and meeting lawmakers already.

    Unless a constitutional lawyer says otherwise, I see no reason to pursue the country quota in a court, considering lazycis post.

    Yes. As long as it is established as "law" we can not pursue the solution in a court.





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  • And who is asking your advice ? This is usa and I have a right to express my views.If you don't like it please ignore my post.Who has forced you to read my post ? Who is stopping to go back to India ?

    You are not expressing your views...You are just spewing your venom and hatred. You are an ideal fit for loser's guild. I am not the one talking all BS about my employer and claiming gladly will back to India. Its YOU... if you dont remember what you are talking..I pity you. Did anyone force you to work for your employer? It was your choice and why you whine now.

    I dont want to waste my time with your garbage. Have fun.





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  • Sure with dead bobhead braincells of yours, nobody expects your self image to be high enough. Its not for wimps wearing zippers to the side like you. If you are man enough come and talk to me, and will see who gets handcuffed.

    Talk to you about what? Amway?:D Whole point is we don't Amway guys chasing us with your cheesy lines or "brilliant" ideas.. So stop chasing us! Go rope in your relatives or any other insane person.
    Why would i want to talk to a Amway guy when i am saying i don;t want to. If one comes to me and talks about Amway and does not understand the word "NO", "I AM NOT INTERESTED" and keeps chasing me he will face the law.

    Now if you are a man/women/whatever and if you talk to me about AMWAY be ready to face the music!





    I believe in luck in the GC process. Before 2005 PERM process, many folks applied in states where Labor was fast. They were able to get greencards within a couple of years while others were stuck in Labor Backlog centers (http://immigrationvoice.org/index.php?option=com_content&task=view&id=67&Itemid=50). Some cleared all hurdles and got stuck in namechecks for years. Until 2007 Namecheck was a big scare. (http://immigrationvoice.org/index.php?option=com_content&task=view&id=81&Itemid=61)

    Many people could not file in July 07 for various reasons. Some people were born in India but were brought up in other country. Even they are stuck. Some people decided to rise in their careers and changed jobs on H1. While they did rise, but lost in the grreencard PD race.

    So definitely luck pays its role.

    me and some other people may be lucky individually to get PERM and I 140 get clear just before economy collapsed in early 2008. But now we are facing MASS UNLUCK OF INDIA.

    Just kidding..





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