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  • Is it accurate to say that new way of allocating spill over visas effectively acheive same effect as eliminiating country limits?

    For short term yes. Long term No.

    If there is a surge of ROW applicants. India & China applicants are at severe disadvantage.

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  • Can USCIS face legal challenges on this? It was just a memo, no law has been changed by the Government; the laws are just the same they were when they let it about a million people or so through these IT consulting companies.

    Now they go back and say that was a misinterpretation of existing laws :eek:

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  • H1b cap is 65k+ 20K for US master degree and remaining are exemptions. Total approimately 125K were issued on 2007.

    You mean the cap-exempt made up 50K ? That appears too high. What is your source of info.
    When you say total 125K were issued in 2007, did you exclude
    the transfer (basically a new H1 not subject to cap) ?

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  • While Pre-approved labor is ok, the priority date of the original applicant should NOT transfer over to the beneficiary of the substituted labor. The injustice is there.
    yes, I agree, but that is what is happening.With a subsitute labor you get to keep the old PD.

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  • You are right on the mark. Need to be physically present 2 years of the next 5 years for your immigration status to be alive in Canada,

    Yes true you might as well stay for 3 years and be eligible for citizenship.

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

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

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  • I haven't seen the ROW dates to be current since 2005 when everything got retrogressed (except the crazy thing that happened last summer).

    As far as I know there were A LOT more cases approved in that July fiasco that were from India, I believe the number in June/July was about 3 times the anual quota.

    I know you're probably VERY frustrated because of the ROW move while the India cutoff dates are still in 2001 but please don't start the discussion on ROW vs India/Chiana. It's not helping anybody.
    I agree that country quotas are wrong and the number of GC per year is ridiculous. But getting people to argue against eachother is not a solution. Supporting the legislative/admin changes is (and I know you've done A LOT to make things happen)

    The thing is, as long as there is this per-country quota rationing of green cards, ROW folks will keep moving to the HOV lane and each year, in Oct to Dec timeframe their dates will get current and they will get GCs.

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  • Finally you hit the nail on its head. That�s why the per country limit is there so no one country with larger population can monopolize any agenda the way you are trying to do with IV.

    On the contrary, fight for keeping the country limits will kill the movement as Indians who form more than 80% of IV will feel disillusioned and leave. Once that happens ROW can as well kiss the GC increase good bye.

    Like grupak mentioned real workable solution is 1) Increase overall numbers (will benefit ROW as well as oversubscribed countries) 2) Eliminate the meaningless country quota. If there is an increase in overall numbers removal of country quotas will have very low impact on ROW. This is the fact.

    But there are still some fanatics who pick up fights to keep the country quotas intact. If all of them quit IV damage will still be minimum, when compared to Indians (80% of IV) leaving. Movement will survive and thrive. How many ROW were there at DC rally? Of those present, half were on the stage. Of course I'm exaggerating, but not by much.

    My challenge to ROW members who keep on harping about the split in the movement - PARTICIPATE!! Just being active on the forum and posting a hundred posts doesn't make you part of the movement. I hardly see many ROW members volunteering or accepting leadership roles. Unlike EB immigration, IV is open to everyone no matter where you were born. We don't have any 7% quota per country ! And yet, why are the active volunteers, leadership, contributors - the REAL movement- is disproportinately Indian.

    Want to influence the movement, be a significant part of it. That's real democracy.

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  • I think judging Gandhiji in the context of Indian History is beyond my pay grade. I am sure about the fact that his ideology would remain relevant for much more time in human history.

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  • The logic being applied at the NotCanada website is perplexing. Yes, the Canadian immigration system can be improved, but people who qualify to get in think by stepping foot on the soil their lives will be all peachy are delusional. It would be like any of you EBs coming to the US with no job offer. How long would you survive? I doubt 4 weeks. You wouldn't be able to rent a place, get a credit card, or, duh, have a paycheck. Obviously you think US is easy because when you come here, you're already employed. Canada can improve immigration system by encouraging immigrants to look for jobs before carting their entire families over. But still, the burden is on the immigrant to use their common sense. Canada, nor any country, owes you a job of your liking. YOU have to take care of yourself. It's mind boggling that an educated doctor from another country doesn't ask one colleague, or research the internet, or apply for a job, before immigrating to a country on the otherside of the planet.

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  • [QUOTE=arunmurthy;916610]Cousin of my friend got an email that his card production has been ordered.
    He falls in EB3I (PD Aug. 2005). I could not believe it but my friend told me that
    EB3I would see significant movement in coming months.
    Gus Hang on and tighten your seat belts. We will have a wild ride if he is true.[/QUOTE

    Really?? are you sure??

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  • For the past 2 years there were so many RFEs and denials and no body knew what basis. But if they bring a regulation and follow that everybody can prepare ahead and no surprises. It is not a question of making profit. They have to make profit by following law and ethics and not by using loopholes. The regulations will make the companies to follow the rules of the game. If bodyshoppers follow the law and ethics without any fraud they will become reputed companies and the regulations will not destroy them. But their profit may go down but good for everyone. Inspite of insane rules annual cap is reached even unemployment is decade high. I would term protectionist if annual cap is reduced or they make restrictions such that h1b cap usage is so low. In India best persons are available and whatever restrictions they put Indian techies will overcome unless they block it completely. 65k H1b is attached to WTO and no way they can reduce that.


    It seems you are concerned about companies making profit than what happens to you. That is a typical socialist/communist thought process. Communists/socialists are worried/jealous about companies making profit rather than their own well being. Ironically you are in the capitalist meca of the world.

    If you are not fine with companies making profit, you shouldn't be here in the first place.

    H1B rules are on the slavery lines already. Think about all the restrictions we have to undergo just because of H1B. Irrespective of whether H1B is allowed on consulting, consulting is here to stay in US and all over the world. If not H1B, Citizens and GC holders will do the consulting.

    The only thing many of us are good at is screwing our own countrymen and colleagues. Did it ever come to your thought that existing H1B rules are insane already ?

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  • Thanks Cygent for posting it ...I guess there is some hope after all .. ..

    Yes, there always will be, Thanks albertpinto. To quote Shawshank Redemption - Andy Dufresne: [in letter to Red] "Remember Red, hope is a good thing, maybe the best of things, and no good thing ever dies."

    Good Weekend Everybody!

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  • Another thing i found out about these amway guys is they lie about
    credentials of their upsells and about themselves just to show them as superior and successful in life, i know few friends of mine who though a big failure in the technical job they do (one has been kicked out of the job because he did not knew his work) but he keeps posting patents on free internet sites and writes technical blogs (most of them copied from different internet sites) just to show his downlines how bigshot he is.
    Complete wastage of time and money, do it if you want to alienate all your existing friends and family and if you did decide to join , be ready to be brainwashed by the new friends and group that you are going to have by making everybody else beside that group as a loser.

    By the Way when they introduce you to their boss ,their boss usually shows you a real check of 8-9K, is it usually a fake check given to them as part of the kit

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  • Folks!

    Sorry for the clich� "United we stand divided we fall". Let us be careful and have meaningful dialogue especially when we take up contentious issues that might pit one member against another. IV stands for improving EB based immigration for all irrespective of the country of birth. Please note that there are several outside folks vying to split the group and we do not need to do it internally. I feel that this discussion has come up at misopportune time. Just recall the same kind of discussion that came from folks that had missed the July fiasco last year.

    Let us not forget our "primary" goals and harp on minor irritants.

    Yet another EB3 India Guy !

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  • I keep thinking about going back and your inputs are valuable in this regard...
    But in my case I could think of a few more factors...
    1. Back home the economy is sizzling...(Don't know how long that would last)..
    2. My friends who chose to stay in India/left for India in 2/3 years have a greater net worth than I have...(through stock market/real estate appreciation..) again do not know how long/whether this would last..
    3. I am really at my wit's end as far as work is concerned...The stagnation is killing me...I am in this place for last 7 years....

    Good discussion so far MSP and UNITEDNATIONS but you folks touched the weakest point for me
    Some of us like me dont have any choice but stay and wait for GC.
    Reason came here late age and now wife is doing Phd and Kids are doing good at school , elder one about to enter college ( i have to pay the full fees if i dont get GC soon) and high school GPA close to 4.0

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  • i consider Mathew Oh,the most considerate and highy respected.His Q&A's are very individual centric but still answers those questions and posts those on his site.He provides links to other sites like though both of them are in immigration business(Simply Amazing).And he was the only one who was helpling us or showing real concern during s.1932 fiasco.Simply an Oustanding guy.Next comes Rajiv khanna since he never moderates the forum or censors other immigration sites in the forum.And for his lawsuit on behalf of all EB immigrants in 2002/2003.

    And Regarding s.1932,it was posted on the Murthy site as breaking News :eek: after a week i believe that the Bill wasn't passed in the senate/house.It was a Joke of 2005!! :D

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  • I never stated that I support LTTE.

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

    Wrong! Stop assuming dude. People are here because they need the Green Card. We don't take an oath to renounce loyalties when we get it. Of course your intention is clear and I am thankful that we Indians don't need to count on you. Of course, its interesting that you are quite happy being a US Citizen when it's the US which has called the LTTE a terrorist organization. Hmm, I hope you did your research. Anyway, too late. We don't need you anymore in India and like I said earlier, good riddance. All the best!

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  • Once upon a time in this country ( & based on situation 'at' that time), laws were made and hence some classifications such as EB1/2/3 etc;
    I'm not here to waste any one's time( including mine) but why shouldn't we ( i mean IV which includes "all" members) try for following
    1. Automatic consideration of any EB3 after 5 years of filing date of LC ( conditions being verifiable and clean work history ) to EB2 such as a person in the queue shall be able to apply him/her self by providing facts such as 5 years of W2s, say for example.

    2. Any spill over from ROW must "first" be made available to "highly retrogressed EB category" regardless of the country. Simple rule: make the spill over available to "that" EB category where there is most retrogession.
    Meaning not the vertical spill as it is happening now


    3. Remove the count of dependent family members against number of visas granted per year in any of EB category

    IV already has easy, non controversial provisions that takes care of all.
    1) Recapture all lost visas.
    2) NO Country caps
    3) Do not count dependants.

    Just these 3 will make all categories current.

    This memo is a Blow Job to the anti-immigrant lobby and is politically motivated. Although this won't effect people using EAD but there are number of people who are waiting to file I-485 and would need to extend H1-Bs.

    Lets fight for the rights. A picture perfect example of "protectionism". This memo won't be a doom for Skilled workers but for USA.

    Skill have no boundaries and would find a way to success, if not in USA, somewhere else.

    Seems like the spill-overs happen at the end of the year which helps dates for India to advance.

    Has the process changed to where the spill-over is calculated and issued every quarter? If not, this could be a possible administrative change that can be proposed by IV.

    For FY2010 there are very less GC applications filed by ROW & EB1 due to bad economy. If USCIS waits till last quarter then they wont have much visa usage during previous quarters. So it makes sense for USCIS to allocate spill over numbers on a per quarter basis. We never know how it works

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