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  • "The SC concluded that the statutory discrimination within the class of aliens is permissible."

    This could justify difference in say EB1, EB2 and EB3 or F visa, H Visa and L visa. How ever there is no mention that discrimination could be on the basis of sex/race/country of origin etc. IMHO an extension of standard EEO laws should be applied for EB class immigration too.

    NB: I am an HR consultant and an expert on EEO laws, I still think that this discussion is worth taking to a top constitutional attorney. An hour of his time will cost peanuts compared to what we can possibly get out of this.





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  • Guys, I've heard (and only heard - don't red me now) that Cognizant has its H-1Bs being rejected and I've heard as far as this that some of the people in Cognizant who got green card through EB-1 category have been deported due to investigation after complaints regarding misuse of EB-1 category by these companies.

    has anyone else heard the same?

    That's extremely wonderful news. thanks for sharing.





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  • Hello Sir/Madam,

    Recently I have E-Filed for EAD renew and have sent all the supporting documents the following day. But I have recieved an RFE for the photos I haven't sent along with the documents and asked me submit 2 color passport photos. It was my understading that I don't have to send the photos while E-filing since they will be taken at the bio-metric appt. I am done with my bio-metric appt. Do i need to contact USCIS about this or is there any thing you can suggest me.

    Regards
    Vijay

    p.s I have already responded to the RFE with 2 color photos.





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  • Hi vdlrao
    Could you please shed more light and your calculations on EB3 - I

    Would be of great help if you could give some pointers atleast.

    Thanks





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  • That means, the horizontal spill-over (EB1->EB2->EB3) is the way to go and EB2 I & C will move forward healthily until it becomes current.

    So gurus,
    The progress has been better than this analysis - so where does this leave us?
    Any more thoughts?





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  • Using bold letters and big font ain't make it so. I agree that the situation is bad but there is not point in taking unjustifiable pity on yourself. Are you being physically stopped from moving to a different state/country/city? If not, then it is not slavery.

    This the era of high-information availability, and there is enough information available on some of the employers and so called "consultants" on how they treat their employees.

    Right on the money. Nobody forced us to come here and nobody prevents us from going home. Forget about slavery and discrimination. We have enough grounds for lawsuit without them.





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  • 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?

    I will say we are one. We can a fair system which allows skills to be a deciding cretaria for EB immigration not the country of origin. If you ask me I will say there should be no cap on total number of EB Immg. visas and no country of birth cap. You want equality so stop supporting discrimination first.





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  • How long it takes to get Canadian PR from USA in Skilled Worker category? How much time the documents collection (like FBI clearnace, police clearance etc.) takes and how much time is taken by the Canadian Consulate to process your application?





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  • So shall we strip search Barack Obama or Hillary Clinton on their next visit to India? They can also be accused of bringing something illegal, isnt it?

    Does our people have the balls to do that?





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  • well said sayantan..

    This whole idea of linking GC to probable purchasing homes..is insane!
    it stops short of black mailing...


    The 700Bn or whatever the final number is not entirely a drain.....

    the thing with all these exotic securities is not that they are completely worthless but that there is no market for these right now and hence are illiquid - so if someone had the ability to keep these securities for a long term (say 30 years - since most mortgages are for 30 years) on their balance sheet - they may not lose as much money as they would if they tried to liquidate these investments in the short term.

    Financial Institutions typically borrow short term to invest in long term investments and keep renewing the short term borrowings - since the underlying investment has become illiquid - it has become difficult to raise financing against it. the govt, howver, can take a long term view and be patient....who knows.....in the end - the Govt may actually come out with positive cash flow at the end of all this mess. So, the bail-out plan may not be as bad an idea as media is portraying it to be.........in short-term - it does take US into further indebtedness.

    I already have a GC - so this debate does not impact me personally - but this is against the basic principals of natural justice.......GC applicants were placed into certain EB categories based on job descriptions and qualifications and then within queues assigned priority dates based on certain logic and are currently being approved based on PD and country quotas..........all these rules were known and published prior to companies and people applying for these GCs.....

    No matter what the incremental benefit is, I think its blatantly unfair (like it was blatantly unfair to push some people to labor backlog centers and approving people with later PDs first) to change the rules of engagement and prioritization midway through the process and give preference to someone based on an ability to invest certain $$s in an house.......buying a house is a commercial and lifestyle decision........should not be a precursor to a USCIS adjudication.......

    keep the red dots coming folks!





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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.

    Well done! I have been waiting and waiting to decide to move....This is motivating for me as I have been waiting that something might happen here.....;)





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  • I got the below email from multiple friends. I don't know what is the source, who wrote this analysis because there is no links. I did NOT mean to spread the fear. Just sharing the contents unaltered.

    ------------------------------------------------------------------------------------------

    How this memorandum relates to the recent deportation events from NY and NJ airports?

    There seems to be an anticipated link between these 2 events – Memorandum and recent Deportations – kind of an indication about the current level of government scrutiny and seriousness of the H1B program. Hence, there have been advices by others that – each employer and employee should operate by strictly following the H1B program requirements.

    Please don't spread rumors or chain emails clearly written by antis or h1b haters who want to instill fear among the consultants working at client site. If you read the memo correctly, at the bottom it clearly states that it should NOT be used by CBP as a means of removal proceedings.





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  • This thought of submission is exactly what has always pulled India back from moving forward. That unless you are corrupt you are not normal. Speaking out against corruption is abnormality for us. Just starting out schemes does not ensure good. If everybody from the CM to the peon in the office demands his share how does the money trickle down to the needy?


    Exactly right on point by rkg000.

    Condemn corruption, political killings, land grabbing in any form and curtail wealth distribution to the minimum. YSR's death does not make him great. What makes any politician great is how long his policies and infrastructure development has successfully effected peoples lives.





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  • very inappropriate for this site..we are fighting not giving up





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  • So why are you here in the first place? Why in US? Why applying for GC? Why on IV to try to improve this broken system? Face the fact, you too dont want to return or else you wouldnt be here.

    There is no harm in being selfish and persuing a better life. "Do something good for India" is an ideal punch line for preachers. BUT Be realistic.

    I am an Indian and proud to be so. Indians - Remove the "SLAVE" mentality from your minds. Think positive. Do some thing good for India, where you have been born and brought up; where your previous generations have flourished. Since, you are now living and earning in US, be loyal to US too.





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  • Clear up your mind for a little while and consider this:

    The whole working world lives by on one simple rule ..... GETTING PEOPLE OFF YOUR BACK.
    The bigger PITA (pain-in-the-ass) you are... the higher is the priority you get.

    As a community we will need to become a PR nightmare for govt. officals... simply being an inconvenience is not going to cut it... we will have to become a "a cactus that is stuck in the colon".

    USCIS says EBs are retrogressed because there are XXXXX people in the queue. Why is the queue so long? Because they wasted numbers in the past and kept the queue long. This is pure operational inefficiency that is resulting in monetary, emotional and mental loss to about a million people.
    This is a valid ground for a class action lawsuit.

    By filing this suit, we will become the "cactii in the colon" that they will have to address. And you know what the easy out of court settlement will be..... RECAPTURE!

    We will keep lobbying and crying as we usually do.. But this thing has a far better shot than anything else.

    Class actions are not performed easily. First,one needs to show that an agency acted illegally and that action caused many people harm. The fact that USCIS did not use all the visa numbers is not automatically illegal. The law says that the MAXIMUM number of visas, for example, in the EB is 140,000 per fiscal year. It does not say what's the minimum. I am not an attorney, but if that were an easy case, many times would someone else have tried it. Good idea, but as far as I know, difficult to fight from a legal point of view. I'll ask my attorney about this and will keep you posted.





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  • And Do you (canadian wanna be) have any clue that to get respected salary and position you will be forced by illiterate Canadians to have "Professional Engineering Certificates"... It will suck blood out of your body for 5 years... So just do not read "Greener Side" of Canadian Immigration... I know it may not be applicable to all but more or less most of will have to face the same music in their careers. My all Canadian friends and relatives want to be Americans.. Only some of them practically could proceed for that.. After some stage of life it becomes hard to move families.. That is the reason they are facing now to take decision and simultaneously do not want to live in Canada anymore.. If you have 101 fever it will take 1 month to have Doctor's appointment... GST.. Higher taxes.. statistically there are chances "Most of members of this forum - Canadian Wanna Be" will have less promotions and/or increments in salary eventhough they will find themselves most skilled wherever they will work. Top posts would be the dream for most of you guys unless you start your own business.. if you understand what I am trying to tell... In USA it is not that way.... Having said this I can not say that everybody will experience the same what I am trying to portray but most fo them will.





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  • It seems like YSR was a very evil man. We must celebrate now that he has died.

    Good riddance to bad rubbish.





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  • Where did I say ROW need not participate?!Instead I asked ROW members to participate more actively and become a mainstream component of the movement!

    Those ROW members who are part of the IV are supportive of removing country caps. They are satisfied with IVs stand that increase in numbers along with removal of country with benefit all - ROW, Indians, Chinese, Mexicans and Phillipinos. No EB immigrant will be left behind :-)

    I'm thankful to every active IV member - ROW, India , China, Mexico or Phillipines who has worked for IVs cause. Those few ROW members who keep harping on the split in IV over country quotas never were/are part of the IV movement (active dedicated members). They just sit on the sidelines and create rifts.



    .....
    My comment was on someone suggesting moving ahead without the ROW participation since they only comprise 20% of the membership pool.





    Nope. UK and Pakistan would then join the club of India & China. ROW is an artificial construct. The reason USCIS posts priority dates for India, China, Mexico and Philippines separately is that applicants from these countries are typically, and especially over subscribed. ROW countries are just countries which are not typically over subscribed in the EB category.

    O.K. Forget for a moment about IN,China,MX and Philipines. Let me understand the "Quota" witihin "ROW"

    Example: Britain, Pakistan.

    Let's say next year tons of nationals of Britain Choose to apply under EB.
    Let's say total is more than 7% of Total 1,40,000 limit.

    Is that allowed?

    Same question for Pakistan...





    Agree with few points in your argument though overall it went little overboard. Whisky Line??? Are you implying there are no lines in US? Ever heard about GC Line???????:)))))) :D Tell me about it I havent waited for 5 to 7 yrs in India for anything and not got it. Maximum I waited would be Tirupati temple for 12-14 hrs:)

    BLIB



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