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  • The Gold Rush began the shoot

  • No matter which side you are on, the quota system sucks. Period.

    1) Once you start receiving benefits out of being born in a particular country/ race/ sex/ religion, a notion of "entitlement" quickly builds up within you. This adversely affects your ability to perform, for you just don't have to work hard enough!
    2) If you are punished for being born in a particular country/ race/ sex/ religion, you have no incentive to perform, as you won't get what you deserve no matter how hard you work!

    How about this... during every Olympics, most number of Gold Medals are won by Americans. Now imagine a rule that prevents more than 7% of all Gold Medals going to people born in any one country. How does that sound?

    I will myself hate it if athletes from India (who haven't won anything in the Olympics till date) started winning gold medals simply because other countries cannot receive more than 7%!

    Of course, removing country caps will face opposition, but it should still happen, just because it is the right thing!

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  • Gold Rush. Category: Gold

  • Discrimination in employment based on nationality is not allowed. However, can we extend the argument to the employment based immigration? We can always choose to take that promotion though we will lose our place in the queue.

    Leaving the question of fairness aside, under the current legal framework my guess is we do not have a case.

    This is a very interesting angle... even though on the surface it looks like we have a choice in taking that promotion and losing our place in queue, it is not really a choice. Do this a couple of times and your six years on H1-B expire, you basically have to leave your job and go back to your country. So taking a promotion is eventually a dead end. I think by extension, we can legally argue that this per-country based quota system is really (inadvertently) leading to discrimination in our employment based on nationality (which is unconstitutional).

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  • The Gold Rush

  • My friend, in 2003-2004 alone there were 136K EB greencards wasted. When recaptured, in the past they have been given to oversubscribed countries. That is almost an entire years supply of EB greencards.

    I didn't know they give significant percentage of the recaptured numbers to retrogressed countries. That is cool.

    As far as your last question goes: I'm amazed, given your interest in this subject, that you have not read the 2005-2006-2007 Ombudsmans reports which discusses in some detail how USCIS claims that it cannot provide data on pending applications by EB preference, country of chargeability, and PD. Do take some time to familiarize yourself with these reports (and read the damn footnotes.)

    I think i read only last year's report , that too the section concerning FBI namecheck, because at that time my PD was current most of time and i was stuck in name check. Now time to read rest of the stuff in Ombud's rpt.

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  • San Francico 49ers Gold Rush

  • hi:

    But is it possible to continue to work on TN1 Visa and change jobs and not apply for the GC? Can one continue to do that?


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  • Tags: california gold rush

  • According to the AILA, approximately 40,000 visas remain in all employment-based categories, other than EW, for FY2007, according to its sources, and that the USCIS has far more than 40,000 adjustment applications in the backlog queue that are ready for approval, not to mention the additional numbers which will be consumed in concular immigrant visa processing. It is thus possible that the cap may reach within a short period in July, even though no one can predict it until after July 2, 2007. The USCIS at this time does not have any policy announced with reference to July 2007 I-485 filings which are filed after certain date in July when the total number is exhausted. However, considering the fact that the USCIS currently rejects the "Other Worker" category I-485 applications even though June 2007 Visa Bulletin show current for certain applicants because the "other worker" category quota was exhausted on June 5, 2007. This raises a serious concern because as we reported earlier today, the USCIS appears to be picking up the speed of processing of backlog I-485 applications in anticipation of flood of July 485 applications. The USCIS hands may be tied, should the EB visa numbers for FY 2007 is exhausted before the end of July.

    Based on this, I have again (yes, again) emailed by immigration lawyer and sent him the AILA's URL (although I cant see it coz I am not member of AILA).

    IF AILA reports that they stopped accepting new 485 petitions for EB3-other, then it is pretty freaking scary and that means that what my lawyer told me "I cant happen, bla bla bla..." is really not 100% accurate. If it happened in June, it can happen in July. This is now REALLLLY SCARY, coz my lawyer has plans for July-end for filing.

    Ever since the dates got current, it has been more stressful than the time when dates were retrogressed and almost makes me miss the retrogression days when I didnt have to depend on the lawyers for my career.

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  • 500 grams 417 Gold Rush 16

  • how does $2000000000 PER YEAR sound (200k * 10k) assume there are 200k who are waiting with little hope of visa movement and we have to return to our countries... every year we provide $2,000,000,000 to SSA and Medicare..some of us are waiting for 10-12 years..that is a bunch of money we are collectively losing. I am sure that number is larger if we analyze the real impact. Effectively we are getting a ~10-12% haircut, followed by a 25-30% 'hajamat' (haircut in my language) in terms of taxes :)

    Anti's and lawmaker should know that we are contributing a ton of money...besides paying taxes and spending money..

    Lets start writing to authorities about SSA money. This is the best time to ask for it because we are in a recession. They won't be able to make a decision but may remove country quota.

    Can we make a letter with all the issues we are facing and mail it to all the authorities.

    Can somebody summarise the thread and we look for a action plan. Please do it soon before the fire burns out

    J thomas

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  • 49ers Gold Rush Cheerleaders

  • I beleive that there should be more representation of people from other countries in desi companies, but when more number of desis apply for jobs. Is it any fault of the company is they are hiring only them?.

    In other words, they dont mind getting screwed by desi company.

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  • THE GOLD RUSH at Davies

  • 1. Birth certificates: They are asking for the Birth Certificates with the application. I and my wife don't have our birth registered in India. Can we provide birth certificates that the Indian embassy sends for this purpose? For US I-485, we were planning to use Non-availability certificates.

    >> Canada Accepts Birth Certificates from the embassy.

    2. Experience Letter: Will a notarized letter from colleague work for showing work-exp in India. Please note that I already have over 4 yrs of experience in US after that - for which I will manage to get a work exp letter from my company.

    >>4 yrs in US should be sufficient. You can just put those 4 yrs of exp in the work exp. sheet they provide. Just ignore the others, else be prepared to answer any queries about it like paystubs, offer letter etc.

    3. Status in US: My H1B is valid until Oct 2009, but I don't have the visa stamped on my passport (last H1B visa stamp expired). Can I send a copy of I-797 to prove my status? Also, my wife's F-1 visa has expired but she has a valid I-20 until Dec 2007. Can I send copy of I-20 for proving her valid status in US?

    >>You don't need a passport stamp

    * I am providing these answers based on my experience. I got my Canadian PR. But please cross-check.

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  • Map of Gold Rush Express

  • Good idea. But I am going to TSC.

    Won't help you...485s are to be filed at NSC irrespective of where you are filing from.

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  • California Gold Rush 2 Picture

  • What do you have to say about all well educated and intelligent bureaucrat IAS, IPS etc..

    Most of the so called well educated & intelligent bureaucrat IAS, IPS etc are bottom feeders and crooks. They are only there to milk the system dry and fill their own pockets. No offence but these so called IAS/IPS folks are te ones that have screwed the Indian democracy and given it a bad name.

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  • THERE#39;S a new gold rush on—one

  • priderock,

    There is definately an element of risk and it is high in case of LC substitution. In my case, the LC said that the candidate should have MS and few years of experience and I didn't satisfy all the requirements and eventually got a query from USCIS and rejected the application.

    If you can get it approved through a good lawyer like Sheela Murthy or Rajiv Khanna, then you can make a decision.

    At times, USCIS doesn't allow to substitute MS degree with experience and it depends on the wording of the LC.

    I'd read about this in different forums, talked to lawyers and friends.

    Still, you can talk to others who've done it and then make your decision.

    -- thecipher5

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  • 49ers The Gold Rush

  • The difference between your idea and mine is your thinking is still stuck in the 16th century. He is Indian, he is Chinese, he is Mexican etc, while I see everyone as human beings. There lies the difference.

    EB Immigration is just 12% of all immigrants. How can it affect diversity of the country? With all the country quotas in place, US is becoming hispanisized with Hispanics slated to become 25% of the population ! So much for the much touted 'diversity' !

    --What you said sounds very interesting. But it got me thinking, what if the merit is equally distributed by the country of origin and there is a limit to the opportunities this country can provide?

    Let us say there are 140,000 EB visas given every year. Based on pure merit and sans any regard to nationality. Don't you think it could potentially lead to more visas being consumed by one country?

    What if this country wants to ensure diversity to its social fabric?? How do they go about doing that? I always see EB1 as "current" for oversubscribed countries as well. In my opinion, EB3 "skilled category" and "other worker" is purely asking for OPPORTUNITY rather compete based on its merit.

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  • The Klondike Gold Rush

  • One of my friends informed me about few months back, I am EB3 with PD Jan 2003 and currently waiting to file I-485 for last one year. It is frustrating to hear how some of the companies are bypassing and jumping ahead on the line. I thought I get some opinion; I am curious why this isn't being bunged. Although using a pre-approved labor is a legal thing, how much of sagacity does it really have? Within my little 10-12 friend circle I have had atleast FOUR people who got their GC within 8 months through this same company - KFORCE, Rapidigm Inc., utilizing pre-approved labor. It seems this company lures people with a condition that they will process their GC within couple of months, isn't this using the legal system at their business advantage.

    What can we do to stop this, it is frustrating to me as I am waiting for close to four years with my GC process and been in the US for 7 years. At the same time, I see people who have been in the US for 2 years has their GC. To me this legal system does not make any sense and is a clear proof of injustice. I am thinking of talking to a legal attorney to see if this makes a justifiable case and if possible file a lawsuit for scrutiny against this company or any company that uses this facility for their benefit. May be I am overreacting and this is the reason I am posting it here to get an opinion, what do you guys think ?

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  • Gold Rush – Treasure Hunt

  • HI can some body answer if we can apply for canadian PR with H1 B valid for less than 1 year.

    For canadian citizenship you have to be in canada for 2 yr(physicaly) and after 3 yr after stamping

    HI can some body answer if we can apply for canadian PR with H1 B valid for less than 1 year.

    You can apply anytime for Canadian PR. It has nothing to do with H1 or any other US Visa or status.

    For canadian citizenship you have to be in canada for 2 yr(physicaly) and after 3 yr after stamping

    You have to live two years in Canada in order to get your Canadian

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  • Gold Rush Player#39;s Award

  • Just missed.... My PD is EB3 Sep 2001... Not sure what is going to happen because of the latest name check procedure change....

    my pd is september 27,2005. i am from thephilippines. i guess eb3 for philippines will be current very very soon

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  • Gold ~ California Gold Rush

  • Just missed.... My PD is EB3 Sep 2001... Not sure what is going to happen because of the latest name check procedure change....

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  • Gold Rush Screenshots

  • Assuming that the spill overs are effected only in the last (JAS) quarter, there wont be any significant movement for EB2. Until and otherwise the supply is more than demand, EB2 will not move forward significantly.

    But I wish EB2 becomes current in the near future. Correct me if i am wrong.

    How "near" is near? For EB2 to become current, the current policy of horizontal spillover should reamin in effect through Fiscal 2009. if that holds true, then as spillover takes effect typically after the first 6 months, we should see movement in India EB2 again, starting from April/May 2009 and there is good possiblity that EB2-India may reach somewhere close to July 2007, if not current.

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  • Phillip Martin, Gold Rush

  • Good News ...

    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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  • I just now posted that how no one mentioned Dr. JayaprakashNarayan. Well someone did mention.

    I guess that's not enough. There are lot of people who are not aware of this great leader.We need to spread the word about LokSatta.

    My vote is for Dr. Jaya Prakash Narayan. He has done good things as a doctor and then as a collector in AP.

    Of course he stands no chance, but I think he started a movement (grassroots) - hopefully it is the beginning of some positive change.

    Check out his speech at a Mumbai university. - Part 1 - Part 2 - Part 3


    Sorry she will have to wait for the your PD to get current.

    Thank you, Sir/Madam.

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

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