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  • IV admins, Chandu,

    Please delete this thread or move this away from the main page.
    This thread is a good fodder for antis.

    Deleting this thread does not change the facts nor does IMV will gain anything out of it. The reason we even discuss these things here other than immigration is because we have immigrated and we have a common bonding.





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  • That depends what the adjudicator think of her, some believe she was a saint and some think that she was, well, "(boolean) NOT saint" (i.e. anything but saint)... ;)

    maybe she can hit the darned adjudicator in the head with the "holy grail" and sign the form herself... :D

    At that point she can be deported for fraud. Of course USCIS will only wake up and deport her for fraud when the application for citizenship is filed 20 years later.





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  • Looking only at LCs that are awaiting immigrant visa numbers (ie, LCs that are "still in process" or "certified after current EB3 ROW cutoff dates") here is how it looks (copy to an XL sheet to view properly):

    Period, World, India(22%), EB2-India(41% of India), EB2-India-Family(*2.1)
    ------------------------------------------------------------------------
    1997 to 2002, 269311, 59271, 24320, 51072
    2002 to 2003, 36200, 7967, 3269, 6865
    2003 to 2004, 13145, 2893, 1187, 2493
    2004 to 2005, 6133, 1350, 554, 1163

    The pre 2002 numbers pending are really bad. The last column sums up the situation for EB2-India. Use your own %ages to calculate the situation for EB3. It is clear that forward movement will be held back due to the huge chunk of LCs from 1997 to 2002 which are being certified.

    So the situation is indeed hopeless and lobbying is the only way out.

    Don't forget that a lot of those LC were being used for substitution($$$$) by the consulting companies. Once the regulation about eliminating substitution goes into effect. Some of those will not be able to be recycled.





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  • This Question is for the Lawyer, how would the applicant know wether his or her aI 140 is revocked as my employer is saying he will revoke my I 140 but till date i have not recd any letter from USCIS or any other issues, how can somebody find out if the I 140 is revocked.

    Please let me know on this.

    Thanks for your help

    Saburi.





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  • Not really the biggest barrier is same or similar job. It is absolutely unfair no not let someone grow into different areas and keep the job exciting. I personally had to pass on so many opportunities even within my own company because of similar job constraint. In fact in many good companies including mine the executives encourage you to get experience in different areas of business before you are considered ready for executive positions and the VP of my division clearly told this to my director that i need to move on to a different job area. In general the AC 21 is risky and if you are waiting for 6-7 years you may not want to take the risk as USCIS make decisions which are unreasonable. AC 21 is also not a law and is subject to interpretation. The deal is that it is completely unfair to not let a person grow professionally and let him or her try different careers. Granted some folks may like to stay in same job area and continue what they are doing and these changes will not impact them but for those who want to try something different every few years this same or similar job rule is a curse.
    This benefit already exists under AC21 (after 180 days of filing). Allowing you to ditch sponsoring employer on the first day of filing I-485 defeats the whole idea of employer sponsorship.





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  • The BJP manifesto seems to be the most realistic taking into account the issues at hand and the ground realities. This is a true thrust towards ardent nationalism and free market reform where the congress and it's communist allies have constantly failed to achieve.

    http://timesofindia.indiatimes.com/BJP-manifesto-to-offer-low-tax-low-interest-rate-regime/articleshow/4351540.cms





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  • According to the AILA, approximately 40,000 visas remain in all employment-based categories, other than EW, for FY2007, according to its sources, and that the USCIS has far more than 40,000 adjustment applications in the backlog queue that are ready for approval, not to mention the additional numbers which will be consumed in concular immigrant visa processing. It is thus possible that the cap may reach within a short period in July, even though no one can predict it until after July 2, 2007. The USCIS at this time does not have any policy announced with reference to July 2007 I-485 filings which are filed after certain date in July when the total number is exhausted. However, considering the fact that the USCIS currently rejects the "Other Worker" category I-485 applications even though June 2007 Visa Bulletin show current for certain applicants because the "other worker" category quota was exhausted on June 5, 2007. This raises a serious concern because as we reported earlier today, the USCIS appears to be picking up the speed of processing of backlog I-485 applications in anticipation of flood of July 485 applications. The USCIS hands may be tied, should the EB visa numbers for FY 2007 is exhausted before the end of July.

    http://www.immigration-law.com/





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  • To be honest, you are the kind of people, with the right attitude and qualifications, who deserve the GC and should not be subject to these mindless wait times. I am truly sorry for you. Hope the best for you

    Who defines what "right" qualifications are? Will IIT Kanpur make the cut and not IIT Guwahati? In the US, especially Sillicon Valley the best people from all over the world come for work. People from the best colleges in their countries come to work in addition to people from "normal" colleges from their countries. Where does India's top colleges stand compared to the best colleges around the world? IITs according to some rankings are not even in the top 200 colleges. Does that mean we exclude them altogether? Where does that leave BITS Pilani? Stop harping on that qualifications theme. I know people from both Bombay University and IIT kanpur Eb2 2003 waiting still for their GCs in the same company and same department. Workwise both are similarly capable.

    I would suggest you to think hard before you do your MBA. An MBA does not teach you that 1+1=2 all the time unlike an engineering field.





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  • Hello Friends and my fellow GC awaiters..
    I have my labor pending for the past 3 yrs (my PD is Aug 2003) and have been waiting for ever. Inspite having a Master's I did filee in EB3 just because I work for a large company which does not allow to file in EB2.

    Anyways, I came across a company who said that they have a pre approved labor (late 2002) priority date. Is it wise to go for it or wait for something in EB category to move ahead?. I have at least 1 yr 3 months on H1 and will not have any other options except to stay in the company after 3 months.
    Is it worth taking the risk and go with the labor substitution?
    The second question/advice I'd like from you is:
    If I go back to the same company after 6 months because of some issue with the labor can I still preserve my 2003 PD?
    Pls let me know your opinion.
    Thx a lot guys.

    Hope is a good thing, maybe the best of things. And no good thing ever dies
    1MoreDesi !
    I personally know of 2 friends - live within half a mile of where I do, who got their GCs using labor substitution. If the lawyer and sponsoring company are good, go for it. Keep in mind that this is going to go away soon.........





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  • To me: sinhalas and tamils look very similar.
    This guy even goes further and says they are one and the same.

    http://www.geocities.com/nallathambi_thevar/TamilSangam_Mauryas.htm

    The present day Sinhala-Tamil conflict though originally a conflict between followers of Hinduism and the neo converts to Buddhism had morphed into a conflict between casteist Tamil Hindus and Tamil followers of �Organized Buddhism� to a conflict between Tamils and Sinhala with the converted Buddhist shifting there allegiance to Pali/Sinhala.Organized Buddhism succeeded in separating Elangai from Tamilakam with its own language of Pali/Sinhala.

    If we are trying to quote facts here then myths also come into play. Remember the ramayana when ravana was ruling srilanka. Who were those in Srilanka at that time ? Were they tamils ? No. If that can be accepted true then natives of srilanka should not be tamils. We dont know that time of ramayana tamils were a clan that even existed. But tamil is a age old language so tamils were one of the earliest clan too.

    Only way a co-existence could be established is by the world exerting pressure on lanka to
    treat tamils as brothers. If tamils existing there are citizens (granted by lanka), then why the inequality in rights. These armed groups only spring into existence because of suppression or power greed. Earlier times it was suppression, later it became power greed which killed the cause. Peaceful protests are always watched and will be supported by world. With technology in hand, (post LTTE) tamils could show to the world that they have a peaceful fight at hand.





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  • correction: EB3 ROW = 01JAN05 !!!!!!!!!!!!!

    OMG!!!

    Just 1.25 more year and I would have been current! Damn!!!!



    are you dreaming ... India EB3 is 01AUG01





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  • Nope. Article 1 Paragraph 3 just states that the convention does not apply in those cases. The definition of racial discrimination stands. You should read through the US response to the last review under the CERD (in 2003) and check the responses on immigration policy.

    Do you have a specific link? There are a number of immigration related documents in the 2003 session, mostly related to the southern border.

    I'm not a lawyer - but I do know that the spirit Article 1 Paragraph 2 of the document says that immigration and naturalization laws are somehow "not the same" as other laws when testing for racial discrimination. The spirit of the document is clear - otherwise why provide the second paragraph at all? I think that the case of Bhagat Singh Thind which I cited earlier clearly did show racial discrimination by any reasonable test.

    I noticed that you changed my quoted text in the previous post. I'm not sure how that fits in with the traditions and practice of the forums here - but I'd appreciate you mentioning it in the text of your post.





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  • You mean bureaucracy from Indian administration and also from US (since they both have to work together) - forget it man - it will never happen


    I am glad you were not involved in nuclear deal that just happened against all odds. Can you even imagine US giving waiver exclusively for India, while during clinton years they opposed everything about India citing NPT?





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  • See we came to know from our calculations there are about 10 times increase in EB2 India visas. So that means we are getting visas of 10 years in a single year!!!!!. But theres not much change in the demand of EB2. The demand is amost same as of the previous years. But the supply has increased to 10 times. So in two years, 2008 and 2009, we are getting of 20 years visas. So assuming there were no spill overs, and 20 years from now means in 2028 , wouldn't it be possible to clear off all the EB2s (with out spill overs) with the PDs on or before 2008. So does it make any sense of EB2 getting close to current very soon with the spill overs.

    OK, OK, easy with the optimism Vdlrao!:)

    Eb India has almost always got more than its statutory limit in the recent past. So to say that the new developments will give us 20 yrs worth of visas is not correct based on the events of recent years.





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  • Hope the AILA and ImmigrationVoice leadership can work together to urge USCIS to post a statement explaining that the guidelines in the memo are initially meant to encourage compliance by the businesses and prevent abuse; and that the USCIS would start enforcing them starting Jan 2012 or later. Thus it may be just a matter of getting used to the extra bureaucracy.

    I pray that we all get sorted sooner, so we can start focusing on other important aspects of our careers and family lives.

    _____________________for those very concerned____________________
    It is easy to tell others to be cool headed to think rationally, but we all agree that its true -so let us try doing so.

    I personally believe that most folks shall still be fine - this includes a lot of consulting company folks. We all (everyone having/renewing/aspiring H1) need to start collecting all documentary evidences as mentioned in the memo.

    If you do not already do so - start following the guidelines for what USCIS considers as proof of Employer-employee relationships - exchanging weekly status e-mails, work assignments, etc. Also please remember to save these documents more securely (possibly at more than a single location). There could be a few more hassles, for example requesting access to old deleted e-mails from server backups. Start working to get yourself copies of service level agreements and contracts between the various layers of consulting companies - after seeing this memo most HR staff would get cooperative. Provide copies of the memo to your consulting companies sales and placement staff - as they would not want to loose their commissions and thus would help persuade your managers and HR staff to start complying.
    _____________________________________________

    Best Wishes for all.





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  • then 221g slips, PIMS delay, admin processing, technology alert, rfe for no reasons, H1-b extension for 3 months, back dated denial of H1,........


    I don't know if you guys heard about back dated H1 denials. If not below is a case.

    Candidate has 1 month left in his H1/I94. He applies for H1 extension and submits 3 month project contract. H1 application was shelved for 3 months. And on 4th month application was opened up by some officer. He sees the project already ended in previous month itself. Now officer denies the H1 extension request with back date. That is when candidate receives the denial notice, he was already out of status for previous 3 weeks.

    But in realty candidate got his project extended for another 3 months. Concerned officer should have requested for the latest/current project status docs. If officer did so the candidate would not have to be victimized.





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  • chandu...have u read the lawsuit outcome? do u still think that an administrative fix is easier to achieve than a lawsuit? lets say it comes down to either/or...either a lawsuit or an administrative fix...which one would IV support?

    but actually an administrative fix is a very real possibility. the administration is currently willing and friendly to this kind of action. we need to draw their attention to the urgency of the matter and the need to act quickly. a lawsuit, if it were to happen is many years away. anyway USCIS cannot recapture any GC on it's own, so it will have to wait for a final verdict and order to do anything..assuming success.

    therefore i would strongly suggest promoting the admin fixes campaign at this time, we do not want to lose this opportunity. this is not an either/or situation. writing letters does not take away from any other ideas etc.
    a failure would not bode well in general when it is because of lack of participation. i want to hasten to add that letters have reached in the thousands now- but we need more, many more. please keep up the efforts, and thanks to the many that are working on this now...!

    also as i said earlier- someone needs to stand up publicly and be a leader. and one leader is not enough. needs a team. that team must be willing to disclose identity etc publicly, if they are to collect money. in any case a lawsuit is very public and anonymity is not an option. these are the very basis of starting such a project. no one has yet responded to this affirmatively. a lot of yes votes do not mean anything. someone(s) needs to be willing to stick their necks out with time, money, effort and a very public profile.

    just my 2c.





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  • I am sure the immigration officers might have got news about people from India make illigal entry into US when they come as part of some drama, dance, shows.

    Many "extras", dancers, musicians have vanished after landing in US.....check any local desi Indian resturant, kirana stores those desi working there are all illigal immigrants....it is not only mexicans but many from northern India states are here as illigal immigrants ....

    the easiest way to make entry into US, Canada is landing here as part of a show troop....few famous Indian personality have been detained and proved that they were tainted in human traffacking....Ministers, Movie Stars, SInger, Musical show organizers ....

    Many Desis have vanished in UK, Germany, Holland, US, Canada.... {I am not saying SRK is involved in Human Traffacking ...but Indian are and show is the most common option}





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  • Just fill out the forms and submit them. It is very easy. It took 6 months for me to get the PR in the Socialist Canada. Then it took 1 month for me I should get out of there quickly. Very low pace, not many high level employment, high taxes. I visited a friend there last weekend. In Vancouver, it rains like hell and it is depressing to me. I said, darn, why am I living here? If I am not going to have significant career advancement, I should go back home than staying here enjoying this rain. In Toronto it is cold like hell. Go there and spend a couple of weeks and see if you like it. People are usually friendly there. In the end, it depends on how bad is back home when compared to Canada. Good luck.


    Hi, I am seriously planning to start Canadian immigration after wasting 7 years of my life in chasing GC. Can anybody suggest some good lawyers/attorneies/agencies who are not money suckers like US immigration attornies ? Also, somebody mentioned that one can apply Can immigration by himself. Is there any issue with that ?
    Thanks





    A person who assists in the murder of people whom he has taken an oath to protect, cannot be really thinking about the country or for its development. By saying that HE is responsible for the development is clearly under estimating the capabilities of the gujrati people. The gujratis and rajasthanis are leaders in creating wealth and they did that for thousands of years successfully with world's envy before this ugly Indian came into picture. With your logic fodder eating Lalu is the smartest politician ever born....remember his $20Billion revenue he is bringing in from railways....never heard of from any sector...leave alone the ever losing railways...the only thing lalu can be given credit for is...not stopping the elite civil services managing directors and the academia (IIM, ISB) from doing their work...which they have been trying to for several decades....so I dont think the theory is right that one person (call him black spot of India) had done something....when each individual in the state is born with the blood which carries enterpreneurship.....kudos to all gujaratis....

    Well said. It is similar to Bill Clinton takes credit for revolution in IT area. It is all time. Gujarat prospered becuse of successful bussiness minded people. Growth was aided by high demand for export. I agree with you that though a guy has a great leadership skills, commanding speech, great administartive and management skills, if he commited/aided the crime, he has no right to hold the office. See the Alska Senator..He was one of the most successful politician and elected many times from alska for Senate. Now he is in jail at his very old age, just becuse he got money from oil comapines to renovate his house.





    If congress would have done it's job properly 60 years back, there was no need of nuclear deal now. The comment you made makes it pretty sure that congress was a failure since last 6 decades. The benefits of current nuclear deal will be in next 2 decades. So what poor people of India eat in next two decades? Will you tell them that don't worry...hang on for next 20 years. Also do you know the case of Enron and how politicians of all colors made fool of people.

    Again...I am not supporting congress. Yes, we didnt have anything for the last 60 years. Because of MMS we are going to see something in another 20 years. Is there anything you can give me Mr.Advani's vision about it. Even after fifty years.

    Whether we like it or not....nothing is going to change for the common man. Advani, Jaya, Karuna, Maya and mulayam all are same shit but different a$$ h&^e.

    I am supporting MMS because he is not a politician. Chose the less evil. nothing else.



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