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  • I agree with some senior members when they say that no one individual will come forward for the lawsuit . And I ask why should they ??

    And I think, even if one single or 2-3 people do come forward it will not be possible.
    This is the reason we have forums like our IV so that all can come together and take a decisive step together .

    Who can stop IV to file a lawsuit USCIS ? NO ONE

    Many members went on blabbering about how long the process is and how expensive it is ... REMINDER if we can come together and collect upwards of 35k FOR "Lobbying Efforts" we can definitely collect funds for a lawsuit.

    Some one here rightly said ...If we are retrogessed and there is a queue ..Is it because of you or me NO it is due to the inefficiency of the USCIS.

    NO ROAD IS EASY IN THIS BATTLE..... AND ALL OPTIONS SHOULD BE EXPLORED

    Again , I want to reiterate , I think if IV core takes lead...hires a good attorney ....we will have funds for it....we have proved it in the past that IVians can contribute

    The issue is that people speak big here - but run away when asked to come forward. How do we trust 35K members who have tons of excuses for not doing anything for themsleves and blaming IV and questioning IVs credibility?





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  • I wish your prediction is correct, but do you think the spill over happens from the first quarter,
    As per the trend, we are seeing the spill over only in the last quarter from last two years.


    Here is what I want to understand.

    EB2 ROW is CURRENT except INDIA AND CHINA. EB2 ROW will get 28.6% of 140000.
    This means 40040. How they are going to divide these visa between INDIA and CHINA?
    This is NOT SpillOver. I know there is 7% rule, but other countries are always Current.

    And EB1 is CURRENT and considering Bad economy very few cases will be filed under EB1.

    What will happen to those 40040 Visa? If those spillover to EB2 ROW, we may see a large quantity of Visa numbers for EB2.

    Considering 50% of each EB1 and EB2 visas consumed by other than INDIA AND CHINA, still we should get aroud 40040 visas this year.If you furher divide 50% between INDIA and CHINA, both will get 20020, Which might be sufficient to cross 2005.





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  • I did not see any precedance for stopping I485 in the middle of months for past 10 years. If it happens that will be first time

    did'nt that just happen to EB3-Other_Workers? The July visa bulletin turned their dates into U, and at the same time USCIS was asked to stop accepting applications (although dates were ok per the June bulletin). That was the note on immigration-law.com (with another note that AILA was looking into the legality of doing this)

    ================================================== =====================================
    06/16/2007: Unskilled Worker EB Category Visa Exhausted Even in June 2007

    * This is a truly bizzare news. AILA has reported that State Department had advised the the USCIS that the EB-3 Other Worker category had been exhausted., and based on this advice, thedUSCIS HQ has informed the Texas Service Center and the Nebraska Service Center to reject EB-3 Other Worker I-485 applications even though the June Visa Bulletin shows visa availability. It is indeed a double blow news to the Unskilled Worker community. AILA is looking into legality of this action.





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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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  • http://www.murthy.com/news/n_repatt.html dated March 2006

    I discussed the matter of the Consular section requiring end-user client (http://immigrationvoice.org/forum/#) letters. Many H1B employers and employees, as well as several AILA attorneys, have approached me as well as the Murthy Law Firm, inquiring about this. The matter deals with the fairly recent requests for letters from supervisors of the end-user clients. These requests require the end users to outline the nature of the job to be performed by the H1B visa candidate, provide details of where the candidate will work, the length of the project, and the need for a specific H1B employee by name and other details. Unfortunately, most end-user clients are not willing to comply with such an onerous request. The very reason for the end-user client to hire an outside consulting company is to minimize the burden of administrative or HR responsibilities. Moreover, the law does not require such detailed letters for the issuance of H1B visas.
    �MurthyDotCom
    I respectfully summarized the position of many of you, our clients or those using candidates who apply for the H1B visa at Chennai, as follows.

    End-user clients generally will not issue letters to the consulate, as they do not wish to get involved with the H1B process. The very nature of the employment relationship, when hiring through consulting companies, is to avoid or minimize the work related to hiring candidates.
    Employers who sign the H1B documents do so under penalty of perjury and must pay the required prevailing wage, irrespective of whether they have assignments for the H1B candidates. The employer may decide to send the candidate back to his/her home country if enough assignments cannot be found.
    Legacy INS (now USCIS) raised many similar issues, in the early- to mid-1990s, regarding the length and nature of the projects in the U.S., timetable of assignments, and the H1B employer�s ability to pay the required prevailing wage. Senior Legacy INS officials from headquarters in Washington DC addressed the concerns of those examiners by pointing out that the law does not permit them to investigate a U.S. employer�s ability to hire H1B employees. The USCIS is bound by memos and policy guidance of the Legacy INS. After that memo, Legacy INS stopped issuing lengthy RFEs on these matters.
    The law does not require any such letters by end-user clients for the issuance of the H1B visas to the visa applicants.
    Delays in the issuance of H1B visas cause many of the employers considerable financial (http://immigrationvoice.org/forum/#) loss and postpone the implementation of projects. This results in the additional loss of revenues and credibility with their clients, due to their inability to produce in a timely fashion the required specialty-worker candidates.





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  • I am a patriotic Indian. Why the hell cant this Khan guy go through the same ordeal as an ordinary Indian or any other passenger. Why all the fuss? Is he god??? Hell NO...I would just tell him to shut up and carry on with life. He is an idiot and just doing this for more publicity. How many Indian muslims go through this shit everyday? Why cant he tolerate this 2 hr ordeal like an ordinary Indian muslim or for that matter hindu? Racial profiling is for everyone who is colored and non-US citizen. He is not a good guy as he cant even take a 2 hr ordeal as an ordinary citizen because he thinks he is GOD...when in fact he is as ordinary as anybody. Just because he has money, name and fame should be become god? no way. I dont mind if the Indian airport security frisked Tom Cruise or any other actor. Who cares!! Its our countrys security, but you know what India wont do that as all the airport officials incl. security are so corrupt and also if they see white skin they will just allow them freely thinking they are god!! thats our stupidity not the americans???

    I am glad this happened to the so called "King Khan" as he is king only in his mind. Not for me because for me he is a talented actor other than that he is not GOD but just a mere human being..





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  • ........I strongly beleive that the H1B system and the EB greencard system has been setup to legally bring in high skilled workers as slaves and exploit them by taking away their freedom. We are no better than illegals, in the way we are treated by the goverment and the employers.
    I will fight this case atleast to try to prove my point before I leave this place.
    I am looking for some civil rights agency which can help me with the lawsuit. My fight is not for the GC, but it is for justice.

    Very well said & I just feel the same...I have already lost hope on this GC and can not predict how long its going to take but for sure before I leave this place and go back to home country I will contribute my best of share in this fight for justice and full support...count me in with out any doubt!!





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  • I thought the alien must be present on a dual intent non-immigrant visa to be eligible for AOS (I-485). I don't think people on F1/F4, B1/B2 are eligible to file for AOS while in the US. Consular Processing may be a different story.The H,L and O NIVs are the only ones that I know have dual intent.

    to file a 485 a person has to be in non immigrant status.

    The dual intent doctrine applies if a person is on a non dual intent visa and they file a 140 or a 485 and they then try to extend their non immigrant visa. At this point it will get denied. However, as long as they dont' have to renew it (because they have a 485 filed), then they are good to go for the greencard.

    it is only an issue in trying to renew a non dual intent visa once you have showed immigrant intent. This would be a person who can't file the 485 but instead has a 140 or 130 filed for them. At this point dos/uscis would not allow them to extend the status or allow them back into the country.





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  • Asking for exemption from quota will cause this proposal to fail. My suggestion:

    Of the 10,000 available visas per year for EB5, only about 3k to 4k are being used. How about if one buy a house and give a minimum $100,000 cash payment (not credit in US), he will get a temporary greencard from the EB5 visa pool. If after 2 years, the house is occupied and owned by the same person without problems with credit, he will get a permanent GC. This is on top of meeting the requirements of the category he is in.

    Sorry for bringing EB5 in my comments.

    This is just my opinion.


    I totally suppor this idea. This shows that we can use our innovation to bail out US economy and we try our level best to help the country we have selected to make our home. As the saying goes - A friend in need is a friend in deed. So a citizen(LPR or to-be-LPR who helps) in need is a citizen in deed.

    Earlier most of the time we used to cry about our problems - like wife not able to work or we are stuck in the same job and not able to get promotion.
    I do not think anyone cares if our wife does not work or we do not get promotions.

    People would care if we are able to show that giving us GC would help them in any way.

    So this is one of the best way to show that we would be able to help our part to bring up the economy.

    Thus I myself endorse this idea. Thanks Nixstor for putting forward this innovative idea to show that we all love USA and want this country to be economically strong.





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  • One important point that we seem to be missing is that there are about 50,000 Indian STUDENTS (like yours truly) who come to the US each year. Most of them are grad students and invariably all of them apply for EB based GC......think about it : 50,000 students each year and even if you assume half apply for GC - that makes it 100,000 PRIMARY GC applicantions from India alone over a four year period - staggering number........

    However, these students are not completely exempted from the H1B quota for each year. Whatever, if PERM filing in year 2008 has witnessed 46% drop since 2007 ... it tells us a lot.





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  • It is a "permanent" policy. There was no change in the law. USCIS was interpreting the law incorrectly. Now they have corrected themselves with the congressional input. This will not change.

    There could of course be a new law and then things might change.

    The was no change in law and still there was a change in interpretation based on the current state of EB2, so this interpretation will change once some other category needs spill overs. The is no law which states spill over should be horizonal or vertical or diagonal :) It merely says that DOS can decide how the spill overs should flow.





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  • ^^^^^

    WTF? why are you bumping this useless thread?





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  • RE: Jaime,
    Well, I am not sure of your reason..but whatever, if you are serious, then join any major tech company in US, and ask them to relocate to India.Cisco,Intel,Sun Microsystems, Accenture,Citibank etc. are always on look out for expatriate.
    If you won't join tech company,and explore for direct employment then max pay you might get is Rs 15 Lakh per annum. or 15,000,00.
    If you are an airline pilot,you will be welcome by open arms.Aviation sector is facing huge shortage.

    Dear Vikki, your words are like cool balm over a bad bruise, thank you! About the 15,000 per year, do you mean that's 15,000 Rupees or US dollars? Either way, I can save in other things, such as utilities and charitable contributions. The mai thing right now is to get into India, but it will have to be in a non-tech capacity (any other suggestions? I am not an airline pilot either, I am looking for a maketing/business role)

    Vikki, do you have the fax number of the MHA in New Dehli? I'll be forever indebted to you. Thank you so much again!





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  • Laws you quoted are for US residents, not for those wanting to be US residents. Country quota, I believe, is more sensitive and difficult to change. Of course, it is not working for the original intent to not have people from a few countries making US as their home.

    Work-arounds, we are so familiar with such as AOS, EAD, H1B beyond 6 yrs, etc., are easier to get in. For the current situation, simple work-around could be to adjudicate a case when all is good except the visa number, and send an interim GC card until visa number is available. When visa number is available, interim card could be replaced with a permanent card. In a nutshell, replace EAD/AP with an interim permanent resident card, and replace it with a permanent card when visa number is available.

    I agree with JSB. As per my understanding this would be a best option for us right now. We can fight for this from USCIS, there is no need for legislation.

    IV and Donor members please proceed for this. I am willing to donate money for this.

    We can ask from Ron Gotcher if this is possible or not.





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  • [QUOTE=at0474;206395


    --What if 10% a year from one country continues for few years...
    [/QUOTE]

    What if only few countries ONLY can supply the required skilled labor sufficiently and no other countries can?





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  • It is not good to reveal the real name of the person. Admin please check your password is not misusing by insider friends.
    It is a shame for IV.

    Pappu,
    You should have guts to reveal the ID of this Insider who is misusing his power to expose personal details of IV members.....Is this what what you mean maintaining confidential information of Individual members????





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  • Pardon my ignorance, how does labor substitution work and what is FIFO?
    There is no FIFO (first in first out) with respect to backlog processing . It may be LIFO.





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  • The consitutional experts have already expressed their opinion on this.
    http://immigrationvoice.org/forum/showpost.php?p=205587&postcount=17

    There is no higher judicial authority in the US than the Supreme Court. There is a judicial precedent and that settles it. There is no need for more discussion.





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  • Can anyone recommend any good IT consulting companies in Canada?

    I need a permanent job offer to qualify for the points but most of the jobs for my skill set are either contract jobs or for relocation to USA. Please help.





    I think IV should get a new law introduced which changes the surplus visa trickle down policy so that equal number or visas gets distributed between EB3 & EB2. This law will have maximum possibility of getting passed.

    I find that highly unlikely.

    The EB categories are set up in priority order. To cascade from EB1-EB2/EB3 equally would break this priortization. Regardless of our opinion, Congress has decided that certain categories of immigrants should be accorded priority for admission. Those immigrants can file in EB1 or EB2. The cascading of unused visas fits that scheme as it is intended to work.





    everyone on this thread must ask ourselves this question:

    My HR manager has told me that there will be a labor available which I may be able to use to gain a better PD and get my GC in record time. Do I go for it?

    If your answer to the above question is NO, may I suggest you have your head examined.........

    If your answer to the above question is YES, may I suggest that you do not worry too much about LC substitution.

    I personally would never pass up a chance at a pre-approved labor and I bear no ill will or grudge against those who have benefited from the same. This country and world is large enough for all to coexist and do well........

    As for the people who have benefited, there is something to be said about being in the right place at right time.......



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