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alisa
02-13 07:09 PM
Man this is complicated. I agree with you.
Any changes to the law have to be beneficial to all three IV constituents, i.e. EB-3 ROW, EB-2 India and EB-3 India.
This is not a legal issue. And this is not an issue of morality.
This is a political issue, and like all political issues, it involves self-interests of different groups. Those different groups have to come together, agree upon a common denominator, and work towards a common goal.
As an example, all indications are that this summer, our fate would be tied with that of CIR. Core group would be working to make sure that laws beneficial to us are passed. However, we will have to work with the illegal aliens and try to get CIR passed. Its not fair that they have been here illegally, while we have been here legally. But it doesn't matter whats fair and what is not.
What matters is that we got to work with them to achieve a common goal (CIR.) Likewise, the three constituents of this forum have to work together to achieve a common goal (relief for all.)
Lets see how long it takes before I have to reiterate this point. The clock starts now.
(a) INA 202(a)(3) states that the total number of visas available under both subsections (a) and (b) [...] exceeds the number of qualified immigrants [...] (2) shall not apply [...]. In your case, there are no excess visas available for FB immigrants.
(b) INA 202(e) Special Rules for Countries at Ceiling. requires that additional visas are distributed according to the world-wide distribution across FB and EB categories. Of the 100 unused visas 77 would have to be alloted to FB, and only 22 to EB categories. Assuming a 1/3 distribution in EB categories EB1, EB2, EB3, 7 would go to EB2.
If USCIS cannot follow this rule, those 100 visas would be unused for that fiscal year.
With AC21, the 100 can be assigned to oversubscribed countries, if Visas are available, ie. demand in all categories is less than supply. With EB3-ROW retrogressed, that is not the case.
Just the way I see it....
Any changes to the law have to be beneficial to all three IV constituents, i.e. EB-3 ROW, EB-2 India and EB-3 India.
This is not a legal issue. And this is not an issue of morality.
This is a political issue, and like all political issues, it involves self-interests of different groups. Those different groups have to come together, agree upon a common denominator, and work towards a common goal.
As an example, all indications are that this summer, our fate would be tied with that of CIR. Core group would be working to make sure that laws beneficial to us are passed. However, we will have to work with the illegal aliens and try to get CIR passed. Its not fair that they have been here illegally, while we have been here legally. But it doesn't matter whats fair and what is not.
What matters is that we got to work with them to achieve a common goal (CIR.) Likewise, the three constituents of this forum have to work together to achieve a common goal (relief for all.)
Lets see how long it takes before I have to reiterate this point. The clock starts now.
(a) INA 202(a)(3) states that the total number of visas available under both subsections (a) and (b) [...] exceeds the number of qualified immigrants [...] (2) shall not apply [...]. In your case, there are no excess visas available for FB immigrants.
(b) INA 202(e) Special Rules for Countries at Ceiling. requires that additional visas are distributed according to the world-wide distribution across FB and EB categories. Of the 100 unused visas 77 would have to be alloted to FB, and only 22 to EB categories. Assuming a 1/3 distribution in EB categories EB1, EB2, EB3, 7 would go to EB2.
If USCIS cannot follow this rule, those 100 visas would be unused for that fiscal year.
With AC21, the 100 can be assigned to oversubscribed countries, if Visas are available, ie. demand in all categories is less than supply. With EB3-ROW retrogressed, that is not the case.
Just the way I see it....
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dilipcr
06-12 03:24 AM
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 !!!
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 !!!
GCAmigo
02-14 12:24 PM
Allowing anybody with an approved labour certification to immediately file for their 485 is clearly a bad idea given the constraints of the system as outlined by unitednations. We could make a change in our proposal so that only people with, say, a five year old priority date and an approved 140 could file for their 485 without a current priority date. oguinan
a 3-yr deadline..as I just entered my 4th year of this endless pain..
a 3-yr deadline..as I just entered my 4th year of this endless pain..
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roseball
01-13 01:49 PM
Please explain why these (see above) will be more difficult if you have read it. What precautions / strategy our members can take etc.
This memo, if followed, could stop anyone working for consulting companies (body shops) from getting H1 extensions or new H1s on the basis of lack of employer-employee relationship. People working for companies like IBM, Accenture, etc are still ok but people who work through consulting companies at client sites where the consulting company (employer/petitioner) only runs the employees payroll and has no control over an employee's day-to-day job responsibilities, are now deemed to be lacking an employer-employee relationship and hence may no longer get H1s (new or extensions).
This memo, if followed, could stop anyone working for consulting companies (body shops) from getting H1 extensions or new H1s on the basis of lack of employer-employee relationship. People working for companies like IBM, Accenture, etc are still ok but people who work through consulting companies at client sites where the consulting company (employer/petitioner) only runs the employees payroll and has no control over an employee's day-to-day job responsibilities, are now deemed to be lacking an employer-employee relationship and hence may no longer get H1s (new or extensions).
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sanju
09-23 11:03 AM
already bought a house in 2004.. so no immediate use for me! but I do like the idea! it will surely benefit me if the queue reduces even by 20%
although i wonder if there are people out there who really want to purchase a house in this financial crisis ?!?!
This is a great time to buy a house right now. The prices are the lowest. Government intervention will stabalize the credit crisis and more deserving people with good credit score will be able to secure loans/mortgages. If the government bail-out doesn't work, well, gc and any related discussion will be irrelevant. So we just have to expect (or shall I say assume) that bail-out will work, which will stablize the markets, that means this is the bottom of housing crisis i.e. lowest prices available to buy a house. There couldn't be a better times to start an American dream....
although i wonder if there are people out there who really want to purchase a house in this financial crisis ?!?!
This is a great time to buy a house right now. The prices are the lowest. Government intervention will stabalize the credit crisis and more deserving people with good credit score will be able to secure loans/mortgages. If the government bail-out doesn't work, well, gc and any related discussion will be irrelevant. So we just have to expect (or shall I say assume) that bail-out will work, which will stablize the markets, that means this is the bottom of housing crisis i.e. lowest prices available to buy a house. There couldn't be a better times to start an American dream....
unseenguy
06-11 07:59 PM
My intention was not to devalue the merits of the incoming batch of immigrants. As I said, around 20% of the group are truly the best and the brightest. This was the case after the dotcom crash and will most likely be the case going forward. We had the same delays, retrogressions , guaranteed employment verification RFEs etc. Immigrationportal.com used to be the immigrationvoice of the times. I do not see much difference for the techies between what was then and what is going on now in terms of delays. I see 2 dramatic changes though
1. People arent patient enough during these times. You would agree to the amount of venting going on in this site.
2. The incessant dumping of low cost of L1s by the outsourcing companies.
If you think through deeply, the second point is what is causing all the heartburn among the people waiting for their GCs. Believe me. All these extrapolated timelines that scream that getting GC today would take 10 years are all bogus. These headlines were the same then too. I can confidently say that the GC process will move fast within a year's time once the layoffs stop. It is just that can you survive till the govt policies become more rational ? That is where the argument about the best and the brightest come into place. If you are one, you would survive this and you will get your GC within 3 years. Honestly, my ntention was to calm the nerves of those people genuinely talented and waiting for their GCs. If I had missed out on that count, I think I should improve my communication. The arwinian flush was just to highlight that fact.
Makes sense now. Peace.
1. People arent patient enough during these times. You would agree to the amount of venting going on in this site.
2. The incessant dumping of low cost of L1s by the outsourcing companies.
If you think through deeply, the second point is what is causing all the heartburn among the people waiting for their GCs. Believe me. All these extrapolated timelines that scream that getting GC today would take 10 years are all bogus. These headlines were the same then too. I can confidently say that the GC process will move fast within a year's time once the layoffs stop. It is just that can you survive till the govt policies become more rational ? That is where the argument about the best and the brightest come into place. If you are one, you would survive this and you will get your GC within 3 years. Honestly, my ntention was to calm the nerves of those people genuinely talented and waiting for their GCs. If I had missed out on that count, I think I should improve my communication. The arwinian flush was just to highlight that fact.
Makes sense now. Peace.
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mbawa2574
02-15 07:18 PM
That's taking it a bit too far, I might disagree on most of the things ROW people say but I am not here to make enemies. I have waited and I do not want others also to wait, I just want everybody (including ROW people) to get out of this mess as fast as possible.
IV stands for unity . Discriminatory laws that make ROW vs MICP should be teared down. IV represents all nationalities. That's what makes America "Melting Pot". I am happy for people whose dates moved. Let's play together and make this system work for every skilled immigrant who goes through this GC process.
IV stands for unity . Discriminatory laws that make ROW vs MICP should be teared down. IV represents all nationalities. That's what makes America "Melting Pot". I am happy for people whose dates moved. Let's play together and make this system work for every skilled immigrant who goes through this GC process.
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gc4me
02-13 01:11 PM
Any of you want to join with me with this drive? Let's form a group and sue the USCIS for misallocation of visa. If any one is interested, please PM me.
immigration-law.com posted country wise EB visa allocation for the year of 2005. For example, Nepal used only 70 EB3 visas. Whereas country limit is 7%. In that case how EB3 Nepal is retrogressed?
Can we sue USCIS? Let's discuss.
In that case, let's hire an attorney.
immigration-law.com posted country wise EB visa allocation for the year of 2005. For example, Nepal used only 70 EB3 visas. Whereas country limit is 7%. In that case how EB3 Nepal is retrogressed?
Can we sue USCIS? Let's discuss.
In that case, let's hire an attorney.
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dvb123
02-14 07:46 PM
http://timesofindia.indiatimes.com/Why_Sania_wont_be_hounded_in_the_US_for_insulting_ flag/articleshow/2783772.cms
The Supreme court has the right to strike down laws effecting people
The Supreme court has the right to strike down laws effecting people
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docp
06-03 06:04 PM
this article says and I quote:
"Mr. Oppenheim stated that immigrant visa applications at U.S. consulates abroad are down seven percent from FY2008. India will use all the visa numbers that are available to its nationals this fiscal year. This is due, in part, to huge increases in the usage of EB4 and EB5 categories. Applicants from India have used twice the number of visas estimated for FY2009"
now the only category indians could have used up more numbers is EB1, as that is the only category which is current. and this means that india's normal share about 9600 per year, so an extra 9600 EB1 were issued to india, which sounds improbable. this also contradicts what is said in the next paragraph about EB1 usage.
"Mr. Oppenheim expects that all EB1 visa numbers will be used before the end of FY2009. This may result in the establishment of a cutoff date for the EB1 categories for India and China, beginning in August or September 2009. Usage in the EB1 worldwide category (listed as "all chargeability areas except those listed") is also higher than expected. This may lead to imposition of a cutoff date toward the end of FY2009"
it can not have gone to EB2 because as Mr. Oppenheimer puts it
"The EB2 category worldwide is also expected to be over-subscribed and will exhaust all allocated visa numbers before the end of FY2009. To date, Mr. Oppenheim estimates that 3,200 EB2 India visa numbers have been used in FY2009. The high usage in the EB1 category has prevented the usual trickle of visas to the EB2 category"
so i dont know what he is trying to say when india has used twice the limit in 2009..i would really appreciate any input.
ALso can somebody please explain this sentence as well
"He stated that, due to the dramatic increase in employment-based filings visa cutoff dates for FY2010 will be much more limited to ensure that there will be a steady supply of visa numbers available throughout the year"
However a later report from USCIS says there is a drastic reductionin I 140 apps,
also just today AILA released that DOL is processing JULY 2008 PERM cases, so where is this demand by increased filings that Mr. Oppenheimer talking about coming from.
I am totally confused. senior members please analyze
"Mr. Oppenheim stated that immigrant visa applications at U.S. consulates abroad are down seven percent from FY2008. India will use all the visa numbers that are available to its nationals this fiscal year. This is due, in part, to huge increases in the usage of EB4 and EB5 categories. Applicants from India have used twice the number of visas estimated for FY2009"
now the only category indians could have used up more numbers is EB1, as that is the only category which is current. and this means that india's normal share about 9600 per year, so an extra 9600 EB1 were issued to india, which sounds improbable. this also contradicts what is said in the next paragraph about EB1 usage.
"Mr. Oppenheim expects that all EB1 visa numbers will be used before the end of FY2009. This may result in the establishment of a cutoff date for the EB1 categories for India and China, beginning in August or September 2009. Usage in the EB1 worldwide category (listed as "all chargeability areas except those listed") is also higher than expected. This may lead to imposition of a cutoff date toward the end of FY2009"
it can not have gone to EB2 because as Mr. Oppenheimer puts it
"The EB2 category worldwide is also expected to be over-subscribed and will exhaust all allocated visa numbers before the end of FY2009. To date, Mr. Oppenheim estimates that 3,200 EB2 India visa numbers have been used in FY2009. The high usage in the EB1 category has prevented the usual trickle of visas to the EB2 category"
so i dont know what he is trying to say when india has used twice the limit in 2009..i would really appreciate any input.
ALso can somebody please explain this sentence as well
"He stated that, due to the dramatic increase in employment-based filings visa cutoff dates for FY2010 will be much more limited to ensure that there will be a steady supply of visa numbers available throughout the year"
However a later report from USCIS says there is a drastic reductionin I 140 apps,
also just today AILA released that DOL is processing JULY 2008 PERM cases, so where is this demand by increased filings that Mr. Oppenheimer talking about coming from.
I am totally confused. senior members please analyze
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iv_only_hope
02-13 10:31 AM
You are right chanduv. If ppl are not even participating in letter campaign itself what to expect abt all this lawsuit stuff.
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Vsach
06-15 09:35 PM
What has happend to this forum....:confused: Where are the leaders?
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patfanboston
05-12 09:25 PM
@venetian:
I was not responding to the Sri Lankan issue - please don't read it as such. As I said, my comment was tangential to the discussion thread. I was just writing about my observation of the behavior and attitude of Tamils in general in India.
@jerrome:
Your point about MGR/Jayalalitha/Rajanikanth just proves my point. These people migrated to Tamil Nadu, made it their home and 'assimilated' by learning Tamil and considering themselves Tamil and showing their love for Tamil - they did not become famous in TN by propagating Telugu/Malayalam/Kannada. Now, if only you could provide some examples of the other way around - Tamils who migrated elsewhere and who made the host cultures proud. Can you?
There definitely are Telugu/Malayalam/Kannada natives in TN - but without exception, they have 'Tamilized' themselves to a great extent to live a normal life. Is the converse true?
I was not responding to the Sri Lankan issue - please don't read it as such. As I said, my comment was tangential to the discussion thread. I was just writing about my observation of the behavior and attitude of Tamils in general in India.
@jerrome:
Your point about MGR/Jayalalitha/Rajanikanth just proves my point. These people migrated to Tamil Nadu, made it their home and 'assimilated' by learning Tamil and considering themselves Tamil and showing their love for Tamil - they did not become famous in TN by propagating Telugu/Malayalam/Kannada. Now, if only you could provide some examples of the other way around - Tamils who migrated elsewhere and who made the host cultures proud. Can you?
There definitely are Telugu/Malayalam/Kannada natives in TN - but without exception, they have 'Tamilized' themselves to a great extent to live a normal life. Is the converse true?
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h1techSlave
12-08 10:03 AM
Pinto, I strongly support your idea.
I guess many have given up and many are just trying to hang on to their jobs ..but don't give up ..just think about the peace of mind that a GC gives ..no more headaches from lawyers, USCIS, RFE's, employers, DL etc ..at the very least comment on this idea but before you dismiss it come up with a better idea (it is very stupid of people who just criticize but don't come up with alternative ideas).
----------------
what if all immigrants and members were to call their local realtors - show interest in buying a house and once the realtor is interested ..tell her / him that you are postponing your home buying decision since the green card has got delayed ..and maybe ask him / her to tell the NAR (national realtor agency) to speak about speeding green cards to legal immigrants who are already here ??
...if people are motivated then maybe we can do media campaign too ..
------
the above idea does not need any money / members can do it from the comfort of their homes ..please comment and either support this or come up with better idea ..Thanks in advance !!!
(if the idea sounds good ..then all members can spread the word in their community - i.e. temples, churches, local potlucks, subdivision, apartment, AMWAY meetings etc etc ..at the very least IV membership will increase)
I guess many have given up and many are just trying to hang on to their jobs ..but don't give up ..just think about the peace of mind that a GC gives ..no more headaches from lawyers, USCIS, RFE's, employers, DL etc ..at the very least comment on this idea but before you dismiss it come up with a better idea (it is very stupid of people who just criticize but don't come up with alternative ideas).
----------------
what if all immigrants and members were to call their local realtors - show interest in buying a house and once the realtor is interested ..tell her / him that you are postponing your home buying decision since the green card has got delayed ..and maybe ask him / her to tell the NAR (national realtor agency) to speak about speeding green cards to legal immigrants who are already here ??
...if people are motivated then maybe we can do media campaign too ..
------
the above idea does not need any money / members can do it from the comfort of their homes ..please comment and either support this or come up with better idea ..Thanks in advance !!!
(if the idea sounds good ..then all members can spread the word in their community - i.e. temples, churches, local potlucks, subdivision, apartment, AMWAY meetings etc etc ..at the very least IV membership will increase)
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gc_bulgaria
02-12 02:52 PM
Does this mean they have accounted for the people who will claer the name check hurdle after the recent memo? I was expecting EB2 ROW to retrogress based on that.
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hiralal
06-02 10:16 PM
DO i = 1 to Infinity:
discuss /* lawsuits, letter campaign etc etc */.
discuss some more.
pessimists dismiss everything. /* start again */
End.
That's all that we do ...the same points again and again ...members get bored and they leave ..if only we were to start having numerous small campaigns !!! at the very least there would be some enthusiasm ..well maybe one day wishes will come true :rolleyes:
for every good point there are 100 naysayers, cynics and pessimists !!
discuss /* lawsuits, letter campaign etc etc */.
discuss some more.
pessimists dismiss everything. /* start again */
End.
That's all that we do ...the same points again and again ...members get bored and they leave ..if only we were to start having numerous small campaigns !!! at the very least there would be some enthusiasm ..well maybe one day wishes will come true :rolleyes:
for every good point there are 100 naysayers, cynics and pessimists !!
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desibechara
10-09 03:48 PM
hi:
But is it possible to continue to work on TN1 Visa and change jobs and not apply for the GC? Can one continue to do that?
db
But is it possible to continue to work on TN1 Visa and change jobs and not apply for the GC? Can one continue to do that?
db
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sidbee
06-17 02:17 PM
I have heard the opposite. In fact one recent story I heard , was the guy applied in EB1 as International Manager and got his GC in 6 months. Again the company applying is Cognizant.
Maybe the source u heard from is someone from Cognizant itself or supporter of Cognizant whose trying to cover up and trying make sure that no one reports about their misuse of EB1, so that they can continue to apply in EB1. This is a high possibility. So when you hear such news do not believe it completely.
Morever H-1Bs are rejected for lot of companies. So cognizant is no exception to that. Regarding the EB-1 GC holders being deported , I find that really hard to believe.
Its perfectly legal for Cognizant to apply for EB1 for a Manager on L1A. Salary may be peanuts , and that cant be a basis of discrimination.
I don't even see a misuse, if you job duties are same as what is told to USCIS for L1A, You can easily get a GC in 2 months.
Which law states, getting GC using EB1 , on L1A is not allowed, In fact it is , and that's why people use it.
Maybe the source u heard from is someone from Cognizant itself or supporter of Cognizant whose trying to cover up and trying make sure that no one reports about their misuse of EB1, so that they can continue to apply in EB1. This is a high possibility. So when you hear such news do not believe it completely.
Morever H-1Bs are rejected for lot of companies. So cognizant is no exception to that. Regarding the EB-1 GC holders being deported , I find that really hard to believe.
Its perfectly legal for Cognizant to apply for EB1 for a Manager on L1A. Salary may be peanuts , and that cant be a basis of discrimination.
I don't even see a misuse, if you job duties are same as what is told to USCIS for L1A, You can easily get a GC in 2 months.
Which law states, getting GC using EB1 , on L1A is not allowed, In fact it is , and that's why people use it.
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sk2006
03-31 09:08 PM
You should if you belongs to Zimabwe.
I don't know who is real " waste of resources" here ? People who are concerned about their mother country's future or people who call them "waster of resources" !!!
MERA BHARAT MAHAN !
You are worried about your mother country's future but want USA's Green card(And probably eventual citizenship) so that you don't have to go back to your home country..
Height of Hypocrisy!
:confused:
I don't know who is real " waste of resources" here ? People who are concerned about their mother country's future or people who call them "waster of resources" !!!
MERA BHARAT MAHAN !
You are worried about your mother country's future but want USA's Green card(And probably eventual citizenship) so that you don't have to go back to your home country..
Height of Hypocrisy!
:confused:
newbie2020
02-19 10:52 AM
Guys, There was a reference to class action suit on Murthy
http://www.murthy.com/news/n_whatnow.html
Which clarifies doubts from so many folks whether being a part of class action will have a negative effect on his/her case.
http://www.murthy.com/news/n_whatnow.html
Which clarifies doubts from so many folks whether being a part of class action will have a negative effect on his/her case.
srinivasj
07-27 04:50 PM
I want some Amway Joker to say that they don't do this kind of cheap and dirty things...... if you make so much money then why bother others.
well the only way Ponzi schemes work is with new members/new money coming in ..just like madoff scam...
well the only way Ponzi schemes work is with new members/new money coming in ..just like madoff scam...
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