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  • The issue started long before LTTE but it has not stayed static. There were many opportunities to set it correct which LTTE shunned. Again a lot of Tamils joined mainstream in Lanka and LTTE went after them too.





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  • plainspeak,

    i know a thing or two about this eb related immigration. i agree people should not suffer for years together to get a perm. res card, and that too, people who may have been in the line ahead of others.

    however, i dont think it is just not being ahead that creates this spill over thing. unused visas first go to eb1, then to eb2 and then to eb3. i think, that is correct. now, my view about this categorization is that, eb1 -- outstanding people, eb2 -- better qualified, eb 3 -- skilled but not qualified in terms of degree or experience, whatever. (pls understand, i am not degrading eb3 people, i have loads of very close friends in eb3 who are extremely intelligent and i can tell you, can easily compete with the eb2 guz, as far as knowledge etc goes).

    but, there is a reason for this division and just for that reason, visas have to go thru eb2 before eb 3. if that is not the case, they wont put people who go for NIW in eb2, it wud have been in eb 3 or a completely separate category.

    u did mention to someone that u dont want to convert to eb2 or something in those lines, but i believe everyone should try to get to eb 2 (get masters, or after getting the experience), there is nothing wrong in doing so. (if u feel that i shud not be giving u advice, then just ignore the above few lines)

    i believe some of things people pointed out like visa recapture, not counting the dependents etc are the kind of things where IV should focus energies. this is good for all immigrants

    bottomline: i believe it is wrong to distribute remaining visa no.s to eb3 category before servicing eb 2, becoz i thought, the categories were specifically created to prioritize.

    and please, bear in mind, i am not saying this coz i am eb2. i thought logically that was correct. and, i do easily qualify for eb 1 as well. just did not care abt a gc. i dont care abt it even now. my thinking: if it happens, good, if not, i dont care, i can always go back home-jai hind.
    Mr Syendu after replying to all abusers my mind has pretty much been fogged up. Contrary to oipinion i am also working while blogging so there is the added pressure.

    So now having read through your post (I appreciate no abuses) i get the jist of what you are saying so forgive me if i do not reply line by line so here is my answer

    EB1/EB2/EB3 rule was never disputed by me. That is law and will never chaange. i dont like it but i will go with what is the law.

    Yes i will NOT convert to EB2 because i have already spent time and energy for the first GC app. (In case any abuser is wondering the gc was paid by company so it is not the lack of funds or lack of companies willing to file for EB2 for me which is stopping me). Sure people are converting and all the best to them, but my point is what about people who cannot convert. Maybe someone has got 2 kids and single earner and he does not have the time or money to do a masters. Maybe some one is so tired working a job which is busting his or her ass off and has no energy to do that. If we think about it there are a whole lot of reasons why a person cannot do a masters. And to that complexities there are very few companies which are willing to sponser EB2 nowadays

    So my plain speak is that just because every member in IV has a masters and is in EB2 or can do masters and convert from EB3 to EB2 does not mean that the majority of people out there can do the same so IV members giving advises like below ar enot only impracticle but also broder on hig handedness. Their contention is that we did it why can you not. If you cannot you must be a low skilled person who has scrapped through into the country and deserves to wait a long time for a visa.

    Please remember that EB2 or EB3 is not a straighjacket and theri are people in both the groups who do not belong there and belong in the other group


    Just for information i do have a masters

    Visa recapture and not counting the dependents will help the immigration community only if it happens. I see nothing on the horizon which says that it will happen. As another iV member pointed out no immigration friendly bill has come for debate in the last 4 years and that is with a democratic majority which is immigration friendly as some IV members like to point out. So with such a situation piece meal efforts must be made but piece meal efforst should be directed to the heavily retorgressed community because teh big bills if and hwne they happen will fololow teh regular rule anyway

    And finally i would like to say you have been most polite and respectfull and i am honoured to discuss thiongs with you

    JAI HIND





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  • What is your solution to remove retrogession. Recapture bill may fetch you gc but not for all persons and after 1 or 2 years again backlog will increase to similar level. Permanent solution will be increase annual gc numbers and restrict H1b and L1 based on requirement. You are not going to get unlimited GC numbers any time but L1 numbers are unlimited(about 80k in 2007) and H1b numbers were 125K in 2007. In this situation if there is annual cap retrogession is going to become worse if atleast 50% of H1bs apply for GC every year.
    This year numbers were much less due to recession,rfes and denials. But due to 195k H1bs issued upto 2003 Eb3 will not improve for another 2 years.

    "H1B numbers were 125K in 2007"
    Holly cow ! I always thought H1B cap is set to 65K (except for a few years in early 2000) :-)

    The 125K which you mentioned is popularly used by anti-immigrant lobbys to push their argument. It includes all H1B transfers NOT only the fresh H1.
    So, if X get his H1 in 2006 and change to a new company in 2007 , you will count X against 2006 as well as 2007 giving a false number. However, if X applies for a GC, it is not 2X applying for GC --- just X .

    Recapture bill will help a lot in clearing the backlog. For future EB GC, if the dependents are not counted for immigrant visa, it will be much cleaner. Not all L1 and H1 apply for GC. Mostly the major Indian IT companies DO NOT sponsor GC (and as you know they are the major users of L1).





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  • I heard that Fedex is going on strike in Nebraska in the month of July and will end their strike when retro kicks in?

    Did anyone else hear this?? Can anyone post a valid link to this other than

    OH OH OH OH Mathew site link????

    :D :D :D :D :D





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  • EB2 is current now..."EB2 will be current within a year" gives an impression that EB2 which is not current will get current in one year...

    I mean EB2 India will be current with in a year.





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  • Thanks cableman.

    I did read that part and hence my question was if I am in the fourth/fifth year of my CA PR when I decide to go to CA, will I be allowed at least in the country.

    Another question was if I am in my 4th/5th year and know that it might take me another year before I go to CA, can I apply for CA PR again, even when I already have my CA PR OR if I apply for my CA PR immediately after my current CA PR expires, would I get it again (assuming I have the necessary points)

    Thanks again to everyone who tries to shed some light.

    I got this from: http://www.cic.gc.ca/english/pub/imm-law.html#act12

    Permanent residents

    Persons who have been admitted to Canada as permanent residents have the right to come to the country and remain here, provided they have not lost that status or it has not been established that they have engaged in activities, such as criminal acts, that would otherwise subject them to removal.

    Conditions may be imposed for a certain period on some permanent residents, such as entrepreneurs. A permanent resident must live in Canada for at least 730 days (two years) within a five-year period. In some situations, time spent outside Canada may count. All permanent residents must comply with this residency requirement or risk losing their status.


    According to the website, you will lose your status if you go to Canada in the 5th year because you won't be able to attain the requirement of living in Canada for at least 730 days (two years) within a five-year period. Actually, after you pass your 3rd year, you will be in risk for the permanent status.





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  • Well said! Being an Indian-Tamilian, it pains to see the whole SL Tamil community caught between the devil (LTTE) and deep sea (SL govt). The SL gov't has used this war cleverly to nurture the hatred between SL Tamil minority and Sinhala majority deep, very deep almost to the point of no return.

    Thomas Jefferson, once said, "A democracy is nothing more than mob rule, where fifty-one percent of the people may take away the rights of the other forty-nine. "
    I really believe Jefferson's worst fear is playing out in Sri Lanka.

    Discalimer: I dont support LTTE. Also, I was pained and frustated equally when terrorists killed innocent Indian civilians. So, pls. don't jump on me on that account!

    I second this..





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  • I was watching an episode of the BBC series - Planet Earth where people involved in the conservation and protection of the tiger and other endangered animals were lamenting about how difficult it is for the intellectuals to convince those living close to these animal habitats to help in conservation when they are not able to feed their children and are affected by the tiger killing farm animals.

    This is not exactly similar to the ROW Vs India/China debate. I'm definitely not implying that ROW applicants are not intellectuals. The gist of what I've learnt from that episode was that we cannot push for removal of per country quotas without significantly speeding the processing times for everyone. I have no doubt that the per country quota is unfair to people from countries with large populations simply because we are representing ourselves and not our countries here. (We have been bracketed according to the country of birth in order for USCIS to enforce the current immigration laws.) But at the same time, we'll lose the much required support of ROW members if our approach is to unload a few years of our misery on them.

    With so many people stuck in the backlog, we definitely need a one-time fix to flush the queue before we can lobby for removal of per country quotas.





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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:
    don't you think. AC21 (the famous Yates Memo) is also a memo. People expect USCIS to follow it though.... :o





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  • Hi,

    I have an EB2 I-140 approved; PD Aug 29, 2007. The corresponding LC was filed with "Special Handling" for university teachers.

    1. If I change into a non-academic job, then can the PD be retained when I refile?

    2. If I go out of US for a few years (say 3-5 years) and then come back with a new job, will I be able to retain this PD when I refile?

    Thanks for your time.





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  • I am not any of these. I bet you guys .. $million

    Go to your postings in this thread and read what you wrote in "Brain Damage". You wanted to distribute sweets??? How do you feel when YS Jagan grabs what you have in your village? You were supporting them so much, why not advice them to return 10,000 acres of land that he grabbed for Brahmani Steels? Jesus Christ killed YSR, otherwise, they would have grabbed all your village. Be happy, Jesus took him away.





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  • If I were on smoke, coffee or dope or anything else, I would be posting messages of the type you are :).

    Its good to see the tone of your messages seems to have changed from shrieking at all EB3 to fight against EB2 to something a little less absurd.

    Good Luck To You.
    If i remeber correcttly it was all you IV guys (Mostly EB2 and some EB3 too) who were doing all the
    sheriking and teqaring of hair and other stuff.

    To talk like me you donto need to be on smoke, coffee or dope or anything else. All you need is respect for others point of view and courage to stand up for what you beleive and not be intimated by bullies

    My tone was always the same (Albiet i used some strong words in between but that is my fault not yours) and my messages have been the same. If you think about it all you guys who were seeing my messages are now seeing them again and maybe just maybe undwerstanding the intent if not agrreing with me. Which is ok. You cannot win them all.....

    Good Luck To You TOO.





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  • Cost = 800 (Medical for 2 persons- Average) + 1000 (attorney fees- doesn't matter who pays- company or you) + 30 (photos) + 100( Postage) + 100(others)

    Total = 2000 average . I am not adding application fess since USCIS will send it back if they don't process the application.

    Out of 2000 - Medical is only valid for 1 year. In most of cases you will have to pay attorney again. All you can use is photos. I will say everybody atleast lost 1800 ( This is very minimum - also doesn't matter who pays- company or you).

    So lets say everybody lost 1800. Now depend how many people were ready to file the application..
    Photos are valid for fixed time!
    Application Fee : Main Applicant : $375.00 (Application Fee) + $70.00 (Finger Print) + $50.00 (Fedex) + Medical Exam ($250.00) + Photos ($40.00) + Lawer Fee ($1500.00) and if we have any dependent same thing except Application fee and Lawer fess ($325.00 (Application Fee) + 500$ Lawer Fee)

    All Togther : $2285.00 and calling here and there almost $2500.00 Per Person .... any other information please ask us........ thanks
    My attorney mentioned $745 application fee. I don't have the break up. May be it included EAD and AP fee also!

    So I have the following break up

    Primary Applicant

    Application Fee

    I-765 (Application for Employment Authorization) $180
    I-485 (Application for Adjustment of Status to register as Permanent Resident)
    ($225 for applicaiton below 14 and over 80 (Should check on this)) $ 325
    I-131 (Application for Advance Parole / Travel Document) $170 -
    Biometric Recording Fees (Finger Printing, etc) $70
    Total $745

    Lawyer Fee $1000+
    Others

    Medical $250+
    Pictures $30-40
    Postage $50
    Misc $50

    Total $2125+

    Dependent

    Finger Printing $70
    Others

    Medical $250+
    Pictures $30-40
    Postage $50
    Misc $50

    Days off work


    Total $450+


    We will need good reliable estimate on # dependents!





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  • Indian democracy can throw many surprises
    I think UPA will get 273 and if that's the case then MMS
    If NDA get's 273 (which is highly unlikely) then Advani (no Modi...otherwise also Modi's communal qualifications are pretty widespread outside of Gujarat). I like the guy but seriously PM of India and CM of Gujarat are 2 different things.

    And if Third front comes to power (they just need around 200 as once they get 200 there will be breakaway groups from UPA and NDA so they can touch 273)

    then we will see real democracy (read lust for power)

    First 6 month Mayawati >> Followed by Jayalalita for 6 months >> Followed by some one from LEFT (comorades work in groups..not sure who will be graced by politburo)

    Above cycle will be repetitive >> and Govt will collapse when Mayawati will complete her second 6 months Tenure.





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  • 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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  • You are absolutely right. I don’t understand these people who keep comparing US with Canada and there are fair number of these people.

    The reason you came to US and didn’t go to Canada (or any other country for that matter including your home country) because you prefer to stay in US and you like what it has to offer you. So obviously you’ll always find something that you don’t like in other countries. This is not to say that any one country is better or worse than any other but you came here because you feel that this country has more to offer you than other countries and that could be a very subjective decision. Trust me there are plenty of people who would never want to migrate to US.

    Having said that lot of us are thinking about leaving because US is making harder and harder for people like us to stay here and lot of us don’t want to put our lives on hold for years and years hoping that may be one day I’ll hit the jackpot called green card. On the other hand, lot of us don’t mind waiting and have been waiting for long time. It’s a matter of preference. Remember you are supposed to be a guest here. Do your work and get the hell out of here. Only 140000 guests are allowed to stay back and rest have to pack their bags. I mean that’s the real intent behind this quota system.

    To make long story short, for lot of people US is not the option available on the table so quit comparing US against others. Just think about where you might end up if you didn’t move to Canada and compare that country against Canada.


    What's your choice? Home Country and Canada. The choice isn't between US and Canada. If you had an option to live in US you wouldn't be talking about canada.

    If you compare US to canada you are all set for disappointment. The taxes are higher and jobs are definitely harder to find. Eveything is a little more expensive compared to US. (If you look at books CDN prices are always higher). But on the other hand, houses are way cheaper. What cost 600 K in SF Bay Area costs 350 K in Toronto suburb.

    Canada still has a higher standard of living than Europe/Australia. I recently met someone who's been in Canada for 40 years and he told me that the highest tax bracket is 35%. It used to be 45% about 10 years ago.

    Anyway, compare with going back home not US.





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  • Going into Lawsuit will not do a penny for our fate. I heard the same that Khanna lost the lawsuit > but in our case even the settlement i dont think will arise. Better do what we are doing , lets find success in what we are doing right now and spend that money in support of letter campaign . Lets evaluate the results once we are done through this process. Please be noted , that when AILA wanted to Sue to USCIS there has been lot of discussion on who could come out of shadows also since money was given out by AILA some ppl came forward i bet if its a million dollar ppl wont reach that mark.

    And look at repurcussions before doing that , as ppl have already mentioned no GOVT sources will talk to us . Remember the way ppl could file EAD's was not due to AILA threatening. I dont see a basis for the case first of all , Just it caused mental tension ppl due to laziness of agency you can sue USCIS ? Then every person ever dealt with USCIS should sue them right ? COme on guys. Some ppl might jump on me but think of these issues Just saying i am up for 100$ or 200$ is not sufficient enough for Law Suit.

    I am not saying whether we should or shouldnt do Lawsuit but we need to have options carefully evaluated , all funds ready assuming its gonna go for 2 years and we have ppl whom we can bank on for those 2 years and we should stil continue IV what we are doing and IV shouldnt file this lawsuit.

    Even I am ready to put in $ 25 for the first consultation with Rajiv khanna or any other Lawyer IV core wants to go with. And if IV plans to go ahead with class action lawsuit as per requirement will raise my monetary commitment. please PM me if IV core plans to go ahead.





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  • Smile - I can prove this is a relevant topic ..how..

    Some of these jokers (Quikstar..Amway) have filed GC in EB2 and Eb3 which is illegal, someday states Like Arizona will declare that anyone looking like us should be checked for Amway membership and deported

    Profiling is an issue and because of some jokers we all may have to go thru scrutiny.

    We should ask USCIS to check all GC applicants name in Amway database and if found USCIS needs to send them to Mexico (because illegal)..

    We should write to senators... your opinion on this? ( this way Indiancommunity can be clean and fight for legal hardworking people in immigration policy)

    Folks and friends some really nice knowledge sharing is happening here it’s a good discussion. The OP here is a completely fake person and is enjoying at our expense, he has nothing to do with legal immigration just getting pleasure here by instigating us.





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  • I'm not from India, so you know how non-Indian will look at this issue.

    First of all, thanks to IV for helping our cause.
    Same as vinzen, that I usually just browse through this kinda topic, but I can't help to reply.

    Have several question:
    1. How many non-Indian in USA that watch bollywood movie? So, what makes him a high profile in the eyes of Immigration officer (IO)? Do we need to educate all IO to recoqnize all the actors in India, Pakistan, China, Japan, Korea and all others?
    I personally never heard of this SRK guy before reading this thread. So how would you guys expect the immigration officer, who's mostlikely non-Indian, would know this guy? I agree with Pappu that says "He is a famous actor to a very very small minority Indian Community in USA".
    2. Looking at how he make big deal of this in media. He probably cause this delay by himself. I can imagine the conversation at the immigration office as (copying all the answer from Ryan's earlier comment on what he's asked for when he came here):
    IO: Why are you visiting US?
    SRK: Do you know that I'm SRK?
    IO: Who do you work for?
    SRK: I'm SRK, now let me pass.
    IO: Where will you live in US?
    SRK: I'm SRK
    IO: How long have you been in US?
    SRK: I'm SRK
    IO: Do you have family here?
    SRK: I'm SRK
    And it goes on and on for 66 mins or 2 hrs until he finally realize that he's a nobody in US.

    This is the kinda thread that non-Indian will laugh at. There's lots of non-Indian that goes to this public forum (such as me). Just trying to help IV to not lose credential just because of this sorts of "indian" exclusive thread.

    This is not "Indian" thread. It is purely a North Indian thread. He is popular only in North of India.





    do we just need to access it?

    so much!!





    I think this discussion is enough. The ratio of persons wanting to file a case agains't USCIS is more than 85% . The poll never reduced to less than 85% even after a lot of members were added at different intervals.

    We need plaintiffs. People who have been working for fortune 500 companies or govt organisations or non profit organisations or university research or commercial research organisations will be the best fit because they will have a clean immigration history? I think we need a seperate thread for plaintiffs or a seperate group. What do u guys say? Somebody can also contact AILA also about plaintiffs. We may need to start a seperate thread or seperate yahoo group for plaintiffs.



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