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  • villamonte6100
    12-14 01:15 PM
    What did I do wrong. I'm only commenting. I don't understand why you mentioned the word "polite". Could you quote a section on my replies where you think I am not polite. Please....

    --Grupak, I wasn't talking about the law here. It was villamonte, I was just requesting him to be polite. The thing I agreed about him was that we cannot call country cap quota as discrimination.





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  • at0474
    12-13 01:23 PM
    "Fairness or not is not the issue. Question is can it be challenged in a court? "

    --I guess fairness is the issue and that is what you are asking for by challenging the court.


    "As an unrelated side note, the current quota system is something that has evolved from past policies some of which was used to restrict citizens of certain countries."

    --To some extent,there is truth to what you said. And it is there prerogative. There could be many geopolitical,societal, economic and national security reasons behind who they restrict and who they allow.





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  • sumitpendharkar
    06-27 03:38 PM
    I just spoke with a paralegal at Fragomen and she assured even if USCIS issues a bulletin mid-month and retrogresses the dates, they wont be effective until Aug 1. So one could file AOS until July 31. This seems to contradict earlier response to visves's question.





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  • BharatPremi
    12-13 02:21 PM
    Well, interesting topic and here are my 2 cents.

    i just googled for a minute, for the definition of "Equal Employment Opportunity" by Federal Government and the result is as below
    [U]Equal Employment Opportunity (EEO)
    ......................
    Satya
    India / EB3/Nov2003/

    They prefer to kid us saying "hey non immigrant,you are not a citizen yet"



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  • mrajatish
    07-11 06:07 PM
    I know people who got their GC in 7 months from the date they filed PERM. and then there are many people getting GCs every month. There are both good stories and bad stories to tell about getting GC in US.

    There were times when H1 quota never reached the limit during the whole fiscal year, now they get used in just 2 days. This mess in GC process is a result mainly due to our own actions (temporary workers and consulting companies hiring temporary workers). Do you think majority of us once we get GC, stay with the consulting company that filed for our GC? When a consulting company files for PERM, they already have a foreign national working under H-1B in that position. So where is the real intent to hire an American when some foreigner is already working at that position?

    This employment based GC is a way for us foreigners to immigrate to US easily at one point. Now due to our extreme usage and abuse of this process, there are genuine people who are being sponsored to immigrate to US are also suffering. In a true employment GC scenario, the company should be desperate to keep you for a long time (more than 6 years after H-1B is maxed) for your valuable skills that they were unable to find in others. But in most GC cases, looks like we temporary workers are more desperate than our employers for the GC? aren't we? Do you see any companies sweating on how to retain you with them, because you H-1B is expiring and they have no way to keep you?

    Do not put all the blame on US immigration system, the majority of the blame should fall on us and the companies who are helping us to get GCs when our cases are not based on genuine sponsors.
    Do you see any companies sweating on how to retain you with them, because you H-1B is expiring and they have no way to keep you?

    This was true in my case at least - my compay worked hard to keep me around when my H1 was expiring.





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  • msp1976
    02-19 08:13 AM
    EB2 Ind & Chi.. if dates dont move for April (new calendar quarter), we better start donating too
    To anyone sitting on the fence, waiting for X event to occur so that they would donate to IV.......

    There is no great utopia waiting for you in April.....
    Read this whole thread again please......

    Now is the time to contribute money, a little bit of your time, a little effort to contact your lawmakers....

    You better start 'Contributing' NOW

    This is the time window for action...



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  • BharatPremi
    09-24 12:06 PM
    I think your analysis considers EB1(ROW)+EB2(ROW) spill over to EB3(ROW) that is not true,

    EB1 Overflow ---> EB2
    EB2 Overflow ---> EB2(I)+EB China

    That means as per your calculation, it would be 19,282 considering 0 EB1 and EB2 filled in 2010.

    As i said in my previous posts EB2 would be May 2006 by end of this year for sure.
    Best case scenario considering more than 30K spill over it would be end of 2006.

    You are also calculating spillover as of today with the pending cases, but the spill over happens only in Last quarter of 2010. There would be some if not more EB1+EB2 ROW applicants.

    One thing for spillover is sure and that is it is happening at the end of a year. If we read the Visa bulletin 2 methods of spillover can be derived.

    1) Spillover within preference first and then to country

    Example: additional numbers of EB2- I go to EB2-M/C and after that any left ones go to
    EB3 category
    2) Spillover within contry first

    Example: EB2-I - any extra numbers go to EB3-I and still left go to "unused" ready to be used by other oversubscribed country.

    Now USCIS may be doing spillover by any of these methods or combination. I think none of us have exact proof which way USCIS does spillover.

    In analysis we need to assume one or other path and that is what I did.

    Yes, current new influx of applications is a major item to factor in but I was working on the data what USCIS published and it has not published current influx. Every month calculations get changed.





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  • sc3
    09-23 04:44 PM
    One thing, assume if it works out and 50% of the people are able to buy houses and get the GC, they are out of the queue right, so automatically the back logs are gone and the remaining people not able to buy the house will get their GCs soon.

    You are missing the point of the opposition. What is the fairness in this visa category? Every other category has US benefiting (not short term, but in long term) from us, except this proposed category. Do you think paying 20% down will benefit US enough that they drop every thing and grant you the GC??

    Also, how do you define this 20%? A 20% down in CA will get your 5 homes in Alaskan tundra (ok exaggerating, but not by much). This proposal basically comes down to haves and have nots. By expending time on such misguided legislation, you are not only making the immigrants look like cheap opportunistic ****, but also giving enough fodder for the anti-immigrants that we are only looking for our GC without any tangible long term benefit for US (I could pay 20% down, get my GC, and then become a burden on the state).



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  • eb2_mumbai
    09-15 08:21 AM
    Dude, we need to take into account the thousands of EB3 I -> EB2 I conversions :(

    Its not as easy as you make it sound. If a person starts today for a new EB2 labor it will take least 1.5 years to get new I 140 approved. This is without any RFE at either stage. Considering today's environment where even simple H1 transfer has become a challenge it takes a really brave person to be playing with fire. Most consulting companies are not enthusiasitc about filing labors and fulltime companies have already said that they are getting too many responses to job advertisement so labor cannot be filed.

    Add to that it takes least $7000 to file both labor and 140 in terms of expenses.





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  • 12Karan
    08-15 06:53 PM
    Indians are masters in creating unnecessary ourage. Look what a big deal the Indian media made of students being attacked in Australia. Indians declared Australia as a racist country and they branded Britain also as racist when Shilpa Shetty episode took place. Now also they are making a non-issue as a big deal. It seems that Indians thinking is buillt around that all the world is racist and biased toward India. But, when it comes to showing ourage to genuine issues they are always silent. So many horrible things happen to millions of Indians everyday but no body cares about them. Also, when chinese think tank published a report last week about breaking India in many states, there was no outrage. As compared to this news SRK news is nothing. The reason is simple chinese will shut Indians out because they know what works while dealing with Indians.



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  • vrbest
    07-22 12:27 PM
    Thank you for taking time to answer my question. my PD is Apr 06 EB3-India. I filed 485 on Jul 23, 2007.
    Can I continue working for Company B until GC is received? or should I join company C before that?

    Whats your EB3 PD. You can join company C anytime assuming that it has been more than six months since you filed your I-485. Company C can start the EB2 process should you choose to. However bear in mind that this process will also take some time.





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  • panini
    05-11 04:17 PM
    Because no other indian guy will call tamil as arava...In fact we hear it for the first time and no one knows or cares what it means.

    That is not a Sri Lankan word either. That is the first time I heard it myself.



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  • gimmeacard
    07-28 03:54 PM
    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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  • nixstor
    08-03 03:45 PM
    While I accept that it is unfair, How many of the people will not take a labor substitution if they feel that the company is good and kept their books nice. Retropain, You, me and some xyz might stick to FIFO and wait in line but not every one does. I am sure 99% of the people who vote on your poll will say its unfair and must be removed. Do you still need one? I feel that substitution will be gone soon.



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  • jthomas
    05-29 05:39 PM
    can somebody summarise it and make a action plan





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  • thepaew
    12-13 04:24 PM
    The US Constitution is a very concise document. Here is a link to it.

    http://www.usconstitution.net/const.html

    I don't think that per-country caps on immigration are unconstitutional. Please note that I am affected by this and would be very happy if the caps are lifted, but I do not think that this approach is viable and that this is the best use of our limited resources.

    I also disagree with your premise that corporations want to see the caps lifted.

    we, as non citizens, obviously do not have all the rights that the citizens possess. We don't know whether this rule is or is not constitutional (And as someone rightly pointed out that the expertise of a constitutional attorney is required).

    However if it can be shown that certain citizens/corporations ( for example microsoft, google etc who also make efforts and lobby congress to change the law ) are unduly disadvantaged by this per country cap, then they can be plaintiff. So in a sense, we have allies in the corporate sector with tons of money (and who want to make more!) So they might be willing to support us,
    if it is indeed found that the rule can be challenged.



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  • coopheal
    01-14 08:13 AM
    I agree with you completely. I don't know what Infy and Wipro are doing with their money but TCS was filling Tata Motors and Tata Steel historically. Also buying companies like Land Rover and Jaguar while screwing their employees.

    Are they using TCS money to subsidize Tata Nano?

    Comments like these are just giving fodder to anits. Then they take comments like these and frame them in "out of context" way to put unfair restrictions on all of us. Recent example is how BW had used parts of IV threads to justify killing H1B and GC programs.





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  • nomi
    10-18 03:30 PM
    Do I need to keep job or Stay in USA once I-140 approved ?? Reason I am asking that my I-140 is approved but my PD is not current and also got my Canadian PR too. If I move in Canada and see what possibilites available there for me and come back in USA when PD is current or file consular process from Canada whenever PD is current. .. what do you guys think about it ?? Any thoughts or feedback ??

    Thanks in advance





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  • delax
    07-24 09:23 PM
    If this is indeed true, isn't it unfair to issue visas to Feb 2006 dates at a Consulate while people with 2005 dates are waiting for AOS. Can this be challenged in court?

    Everything is fair in love and war and Immigration my friend! Cheers.





    snathan
    08-16 11:43 AM
    To all the wannabe americans and GC aspirants, dont forget where you came from. You are nothing but 21st century cheap labor. Just do the right thing!

    Dont think everyone is like you...:D





    PrayForEveryone
    07-10 11:45 AM
    Friends,

    Its upsetting to see USCIS playing with our lives. Inviting us to file AOS and then shutting the door on us when we did all the hard work to get here LEGALLY. I remember someone mentioning "GC is a scam". Did'nt USCIS attempt to do that with us? It all about ATTITUDE and at this point I hate USCIS/DOS's attitude towards us (Legal Immigrants) and our families. Starting June 13th, we all would shorten our life-span by 2-5 years due to this tension/excitement.

    Well, most people would say US wont be affected even if we relocate in some other country. May be true! But my company keeps loosing work due to not finding the right candidate for the job. So they will of course!
    In the long run, if this broken immigration system is not fixed, no business can afford to lose any resources when they know that there is demand in market. Microsoft has found other ways and this is the best example and more companies would soon follow. I hope that this mess gets cleaned soon!

    I am moving to Australia to start a new venture!!