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  • dilipcr ....... I am perplexed by your responses. To be honest you are flip flopping in your statements. Now if you lose job, please do not come to India seeking a job as PIO. or dual citizen. Should India be also closing doors on her children who showed her backside?

    Unseenguy,

    I am fairly confident, touch wood, that I would not be dependent on India for a handout. I have paid my debts to the Indian society by investing in India. I did not graduate out of an IIT but I did graduate out of the 2nd best engineering college (atleast then) in Rajasthan, India. I am sure you guys would have guessed it by now. Just for the record, I had to pay full expensive tuition and my education was not subsidized. By my responsible style of life, I believe that I have become a self made man and so would hopefully be of material help but not a public burden to India. be rest assured !!!





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  • Dear Friends, I had it... I am moving to Canada in the next 2 months to work for guess who? Microsoft. Came to USA in 1997 for my masters, worked at Legato, Documentum and Opentext. Had to restart my GC twrice, once as the company laid me off and next for career progression. GC is still years years away. Interviewed with MSFT last month and got an offer to work in their Enterprise Collaboration team. MSFT looked at the visa mess I was in and offered me to work in Vancouver. I get my Canadian GC in 6 months and my wife can work from day one. I am abandoning my US dream for good;guess I would be satisfied with touching my 4 year old son's American passport.

    I worked for a canadian company in US and now would be working for a US company in Canada. This is globalization. True Globalization. Any for those whiners belonging to IEEE and its propoganda machine, I would like to mention that I drew salries which were above way above the norm. I am sure I would be drawing more than 2 of his programmers combined. Ron- ask your folks to learn to compete and update their skills. They probably studied studied 'history of mathematics' as a math subject in high school instead of calculus. They were happy that they had the coolest Nintendo games while many like me were burning the midnight old figuring out data structures at Berkeley.

    I hope Berney Sanders and his club of the CIR days are hearing the developments. Berney, fix the broken education system for job protection rather than building fences to prevent legal workers to come to this gifted country. More companies will leave for nearshore if the mess continues. Fix the system by closing the H1B loopholes that a small percentage of companies are exploiting. Don't bad mouth the H1B system which has given you so much talent that you could have never groomed, the talented individuals who have contributed to the society, social security system and what not. Patch the holes in the fence, do not erect a higher fence for which people need to pay $ 5000 to cross. And by the way if you have the inclination and the time- fix the broken LEGAL High Skilled immigration system.

    Byeusa, thanks a lot for sharing this. I have been thinking about such move since I heard about MS plans. If you don't mind, can you please share on the process of applying to MS Vancouver branch. Are their special postings for that branch ?





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  • Hi,
    Here is my issue regarding the PD.

    My Employer applied for labor through RIR under EB2 March6th 2004 which was then transffered to Philadelphia Backlog Center. Our Attorney suggested that we Apply through PERM process and Retain PD from the old case. Converted to PERM and applied on 09/26/2006 which was approved on 12/29/2006 but the letter said that they are not retaining PD from the old application as address is changed. Our employer moved 1 street accross in between these to application in Feb 2006. only street address changed everything including phone number remained same. My attorney said that he talked to the labor department in Chicago telling them that phone number didn't change. They said they will consider it and asked him to send a letter. It has been over 15 months he send the first letter. He said last month he also received a call from chicago office saying that they will take a look at the files.

    In the meantime applied for I-140 and I-485 concurrently in July/Aug 2007. I-140 got approved on 05/28/2008 and got RFE for I-485 on 06/13/2008. responded to RFE and now case process resumed.

    At this point I am trying to see if anyone have this kinda of issue and got resolved or there is away to get this resolved.

    thank you





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  • Hello All,

    First and foremost, i must thank everyone from IV, who is working tirelessly to resolve the issues of retrogression in the GC process. As an affected individual I am very grateful that leaders of IV are ready to contribute so much effort for its goals. And even though I do not actively work for the IV agenda, I have contributed money to some IV action items.

    I have a question/suggestion regarding the IV agenda. On IV's about page, pt number 2 asserts amongst other things,
    The Discriminatory Per-Country Rationing of Green Cards That Exacerbates the Delays.

    and further in the same point

    We do not allow employers to discriminate hiring based on their nationality or country of origin. Therefore, the employment-based immigration, which is a derivative benefit of employment, should also be free from rationing based on nationality or country of birth.

    I am curious to know what is the "legal" strength of these assertions is. Are they just "moral" statements or can the validity of these statements be tested in the legal framework of this country? In other words, my question is what is the constitutionality of the "Per Country Caps" in Employment / Family Based Immrigration procedures.
    A lot of Laws and Statutes have been challenged in the Judicial System of USA. And many more are challenged every year. And if the laws are not constitutional then they can be repealed.

    I am sure the leaders of IV must have thought about this argument however a quick search of the forums with 'constitutionality' as the search term did not return any results.

    IV's efforts to utilize Lobbying to bring about change to alleviate/eliminate retrogression are certainly beneficial. However, if IV has not already considered and eliminated this legal argument, then it should explore whether there is any substance to this approach.

    Hence this post. Below are some of the links that might be relevant.

    wikipedia article on constitutionality (http://en.wikipedia.org/wiki/Constitutionality)
    wikipedia category on US immigration case law (http://en.wikipedia.org/wiki/Category:United_States_immigration_and_naturalizat ion_case_law)

    thanks and sincerely,

    --soljabhai


    This is a good point. But, in its current state, will not fly. This can only be used as a supporting evidence for our cause. Lawmakers will never remove country cap. We can use this point in pushing any of our other agendas.





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  • Do you think EB-2 India will cross 2005 by Sept. 2010? Thanks.

    EB-I will be in mid or late 2006 by Sep 2009.





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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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  • Lets see how a common member look at so called "GC Dream" and try to understand why there is no unity.
    Is it what is called "Inspiration" which is missing? I guess so. Can we call it "Motivation"?
    What else can we call that "thing" which stops us from uniting for a cause? "So far I am just "Encouraged" that all not inspired". Is this what it is? I do believe there is a huge difference in these 2 words.

    Everyone in this community are Brave and Courageous.

    Note: Do not jump on me asking What am I doing on all this. :) I think we just have to realize this to get a bigger perspective.


    I agree to a lot of your points - the community has to evolve and not be pushed. All I say is for those who talk the talk, if they walk the talk - they become a good example and the community will grow.

    Please do not take this as criticism. I respect everyone's space - come on folks we can collectively do it - why do we want to resist unity? It does no damage to us but only helps us for whatever cause we want to achieve, otherwise we will always be under the radar of people like Lou Dobbs and his likes - just because we are not vocal.

    I am sure, one day the community will rise :)





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  • Why are you so worried? Dont be scared, make enough money and dont make silly financial decision. You can take your kitty back if push comes to shove. Economies in India and China are booming and you wont die hungry. I guarantee you that.

    Economies in India and China are booming??? booming accroding to their economies not definitely competing with USA what is the value of 1 Indian Rupee in US dollars. just simply dont air some tactics around. As long as 22 Political parties rule India na each one having different agenda Forget about India becoming a developed country.

    And don't dump USA as just like that it is also one of the Biggest and Greatest economy in the world, Still till this moment Dollar Rules. full stop.





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  • I think as someone said this guy was randomly throwing numbers out there. How come his analysis does not account for remaining 36K EB1 and EB2 ROW applications. Is he suggesting that all EB1 and EB2 ROW are being used up also. Very hard to believe that for 2008 and 2009 with the way the economy is going. Lot of product companies where most of the ROW 485s would likely come from have stopped applying perm since last summer. There is a huge flaw in this analysis and its not as pessimistic as it seems.

    BUT, then again we need legislation to wipe the slate clean and clear these 200K applications, so there is a new build up of visa demand and wait times are tolerable for current applicants and future applicants.

    What will happen to the 30k or so unused ROW EB1/EB2 numbers? Typically they trickle down to EB2 India in the last 3 months of FY. I still think this will happen in the next 3 months. Somehow USCIS overreacted and retrogressed EB2 India to 2000 and I think they are going to have to correct it to use all unused ROW numbers.





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  • The level of commitment for those that would be plaintiffs, unlike the MI DL case would be a lot more, because USCIS could attempt to adjudicate their cases aggressively. The level of money would be significant. Think $200 per hour, for many man months of work. Without at least $50K in the pot with plenty more available I wouldn't even entertain it.

    The level of time commitment is probably equivalent to obtaining 500 letters to the president.

    So how about we have a pole.

    First question is how much you are willing to contribute?


    Are you willing to be a plaintiff with a $10K penalty for withdrawing?

    Let's make that last question only open to those who have obtained or will obtain at least a 100 letters, and have already demonstrated willingness to travel to court hearings and depositions (like attending the DC rally and meeting law makers etc.).


    I suspect that less than 10 people are qualified to vote to be plaintiffs, based on my commitment criteria and some of them already have GC or will likely have soon.

    To put the effort into context both Walking_Dude and myself put a lot of effort into MI DL issue. We needed people with legal standing to sue. The two we had dropped out late, one on the day before filing complaint. I had put at least 40 hours working on this (but being in NY I don't have legal standing).

    I've done litigation before, and done some Pro Se (latin on behalf of self - no attorney), believe me the litigation that you are talking of requires considerable time and commitment (unlike the MI DL issue which only required a few hours of the plaintiffs).

    It would cut us off from USCIS. Once litigation starts you are burning your bridges. I can see only one practical way to do litigation, that is for an small group with no clear IV affiliation to do it, that instantly eliminates any committed members.

    So let's stop talking about this and invest in letters.





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  • October bulletin has already moved to Jan22'2005. From other tracking sites there are not too many Feb'2005 applications. But we have plenty of March 2005 applicants. Once it crosses March it will zoom ahead to end of 2005.

    But it could be September 2010 by the time it comes to March,2005.

    Any idea what would be the number of pre-perm applications arnd mar-2005. Will it be like in 10K numbers . Any idea?





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  • I don't think there is much I disagree with you. You are right about most things. Especiallly, that it is not an exact science. A lot depends upon how many applicants there are, and how many numbers are increased, and how much the country limits are increased by.

    I also don't think that the country limits will go away totally. They will probably just increase them. But you never know. Espeically, because at some point, they will go to the point system, and then who knows whats going to happen to us.

    Also, its not that I am concerned about what is GOOD JUST FOR ME. (BTW, its not just me, its about a third of IV) I am more worried about what is bad for me.


    Again, there are no guarantees which of the 3 will get passed or accepted. 1 & 2 benefit you more than 3. Will be combined effect of those be more than enough to offset 3 (which I doubt will ever happen since that will require a change in law) is up to anyone's imagination.

    Will you stop supporting IV which is trying to improve ALL legal immigrants prospects of getting a green card because one item on their agenda MAY DO more harm to you than good is your prerogative.

    However, IMHO saying that 3 hurts you and hence you will not support IV is the same as those people who in July were crying because everyone was getting to file 485s and hence would lengthen the GC processing queue. I was in fact not benefiting too much from that but I supported it since having been in the queue for long enough I know how painful it is.

    Like lot of other people on this forum said, try to rise above what is GOOD FOR ME and I will only support IV if it does ONLY that. Someday there might be a law that affects you more than the majority and you will need the all legal immigrants voice to help you out.





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  • He has not learnt his lesson. Let him figure out why he was laid off thrice.


    So you guys are saying that I was laid off thrice in 1 year because I was the rotten apple ? If this is how you guys are going to present arguments, I think I am wasting my time here.
    I am not saying ALL companies are misusing are L1s/H1bs or all L1s/H1Bs are bad. All I am saying is that the outsourcing companies have no legality in using L1 visas for bringing in low wage programmers. I am only saying that ban the outsourcing companies from flooding this country with low wage workers. If you did not know, L1 was primarily meant for intra company transfer of high skilled managers and higher level executives.

    << Originally Posted by bubba
    If you have seen any companies misuse the H1 and L1 visa, you can complain about them. Dont go screaming around that the whole H1 and L1 program is bad.

    As I said, I am not saying that the entire H1/L1 is bad. It is just the select set of companies misusing the program that are causing a bad name.

    Its because of people like you that a whole group gets a bad name due to some rotten apples. Btw, all your arguments dont seem to help the IV community.

    If IV community is a community that is organized to work for the betterment of the best and brightest of the H1B, then I would hope that my arguments hold water. if IV community is working for all immigrants, including those who are here knowingly or unknowingly based on perpetual fraud then I am at the wrong place. If this is the case, I am fairly confident that it would be tough to gain the support of the GC holders and the naturalized citizens for the initiatives encompassing this entire gamut of visa holders.
    Why are you even here on IV if your idealogy is not aligned with IV ? If you cant support us we dont need suggestions from a traitor like you

    If your responses are going to be solely based on personal attacks and name calling, I dont think your arguments would hold strength. Trust me, I am one of the regional coordinators of Kiva.org, a microfinance organization for the poor, for southern India.In addition, I have been sponsoring 7 kids' tuitions at Udavum karangal in India. I have undertaken to sponsor their education till college. Currently they are in grade six. I am a self made man and wasnt born with a silver spoon. I was badly affected by the reservation policy, read 69% reservation, in Tamil Nadu. And you guys think I am traitor. What can I say ?

    >>





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  • Since you are in bay area I will reply to you. I don't need to see his tax papers, as long I can see mine. IF you are happy with your thinking so be it...stay where you are...and you can google froogle whatever you want. You will find your like minded people there too.

    I don't need to share my thoughts here...its like talking to anti-immigrants on legal/illegal immigration.
    Peace OUT!!

    can you share your Tax stmts from Amway? you can hide the key Taxid # and address, leaving your name there... lets see it?





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  • Yes but there's a big difference in the humane involved in drug narcotics and prostitution Vs the humane involved in consulting.
    If you wife, sister or mother were to work as consultant you probably won't mind, but image them choosing business you suggested. Hopes that puts a little prospective of the difference involved in your mind.

    Good rebuke.





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  • According to first post in following thread ,
    http://immigration-information.com/forums/showthread.php?t=4285

    attorney Ron Gotcher says ( he got info ),

    "
    Last night, at a meeting of the American Immigration Lawyer's Assocation Southern California chapter, Charles Oppenheim spoke. Mr. Oppenheim is the officer within the Visa Office tasked with calculating visa bulletin cutoff dates each month. He offered the following thoughts as to cutoff date movement in the upcoming months:

    * In April, India and China EB2 will be set at 12/01/2003
    * EB3 for India and China will slow down for the rest of the fiscal year"





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  • I warn you not to start the Muslims vs rest debate here....I would say most (not all) people are fanatics will do any attrocity in the name of religion. Blame it on your fellow fanatics for this mess. Yes, you need to pay the price for 9/11. DHS and TSA are created to protect the innocent civilian and its their duty. If you dont like dont come to USA.

    What SRK - global icon you are talking about. He is not a leader of the nation...he is just an actor. He might be a god for you and he does not need to be the same for others. Think logically everyone is coming here with invitation only. For the IO at POE, he is just a visitor and if needed should be treated in the same way like any other visitor. When it happened to Mr.Kalam, yes we need to protest as he was a former Head of State. But that Noble person did not even speak about it. But this poor SRK saying his self-respect is hurt. What a loser.

    Also I expressed to take the "Global icon" tag out of the picture and focus on the system itself. Make sure you read and understand posts before rhetorical reactions.





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  • BharatPremi,

    Same applies to you.. If you are so crazy about Bharat, what are you doing here.... HEHEHE. Just thought that it was kinda funny statement because of your name....BharatPremi --- :D

    Chanduv23,

    Even that Angelina seemed to be crazy about USA. If S/he would be happy about everything in Canada why the hell s/he even visit immigration related boards meant for USA?





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  • I second that. I filed using labor subst and let me tell you, not all of us buy/cheat to skip the line. I filed using another employee's labor who's working for the same company. My PD is in 2006 which doesn't help much and I've been working for this company way before 2006 anyway. So don't jump to conclusions because there still are people out there who use LC subst. for what it was intended for. And can anyone honestly say that they would refuse LC substitution because it is "evil"? I think that with the current situation we should take advantage of any break we can get.


    Very well said Subst_labor. People like Janak are simply jealous that you had the offer. People like him always will think that you are cheating the system or something like that just because a company offered you a labor substitution. I think that one should not judge such cases, and I am actually happy for all of those who are fortunate enough to receive their green cards sooner because of third factors. Good luck with your Labor subst. I hope the company is OK.

    G





    The only missing information to give an almost 90% accurate prediction of the visa bulletin movement are
    1. Will DOS do spillover every quarter or only once every year?
    2. What would be the number of eb2 and eb1 visa demand from ROW?

    the answer to question 2 can be obtained by getting the number of pending PERM Eb2 petitions with DOL, if we get the answer to question 1 from DOS then we can predict the visa bulletin with almost 90% + accuracy.

    I don’t think DOS will do a quarter spillover. If DOS does not do a quarter spillover then it will disastrous for EB2 India because there will be a either a repeat of August 2008 visa bulletin where they might move the visa bulletin up to 2006 or 2007 and basically they will give a visa to whoever irrespective of PD which means people with 2004 and 2005 might get left behind again while people from 2007 and 2007 might get GC or an even more disastrous situation might be that if DOL releases a ton of pending EB2 ROW perm applications they have been holding up for over an year in June-July-august 2010 time then DOS might not do a spillover at all for Eb2 India.

    The key difference compared to last year is Pre-Adjudication and improved communication between DOS and USCIS.
    If not all, Recent spate of approvals for EB 2 - I (based on spill over) - in first few weeks of September 2009 is itself a proof of their improved service (& Pre-Adjudication)

    Most likely spill over should happen Quarterly. If not I agree with you - they can make everyone current in the last Quarter and approve irrespective of Priority Date. But its least likely to happen this year. But you never know about USCIS.





    I am an Indian citizen working in USA as a Software Engineer since June 2003. I have an approved i140 (EB2, PD - Nov 2005) from my previous employer. My 2nd H1B is getting over in June 2009. My current employer has not yet filed PERM application for me. I was wondering, if I will be able to get 3 year extension based on i140 from previous employer once 6 years of H1B are over in June next year? I know that my old employer has not revoked my i140 neither anyone else used it.

    Also what happens if Nov 2005 date becomes current before I filed for H1B extension using i140 ie can I still get extension using this i140?

    Thanks.



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