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  • lazycis
    12-13 04:35 PM
    Since this can potentially be a great win for us, why don't we take the advice of a top constitutional attorney. I am sure the attorney will be able to tell us if we have a case. As for the cost, I think an hours time of any attorney will be peanuts compared to what we can afford.

    What say LogicLife?


    It will be a waste of money. The US does not have to allow any immigration if it chooses so. Do you realize that getting a GC is not a right, but a privelege? It's a matter of grace and no court has jurisdiction to review if government says "no".

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  • eastindia
    01-25 02:45 PM
    Making Sure H-1Bs Actually Work for Their "Employers" | Center for Immigration Studies (

    Making Sure H-1Bs Actually Work for Their "Employers"
    By John Miano, January 21, 2010

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  • logiclife
    06-28 06:59 PM
    My lawfirm just sent everyone an official memo stating the possibility of retrogression sometime in July and that they are working overtime to get all the cases filed at the earliest...They are saying that there is no guarantee that the 485 application will be accepted if DOS decides to retrogress dates in July....

    What a nightmare these current dates on July bulletin are turning out to be. Instead of feeling relaxed, I am frustrated. I wish I had fired my lawyer the day the bulletin came out and done everything myself. I could have been ready now with fedex packets. The thing is, you dont want to start picking fights with everyone especially when the lawyer is not even hired by you but hired by company's HR department. So I kept quiet and was prepared to see my application go out on the 25th. And now, after denying that "it wont happen, it wont happen", all the lawyers are suddenly doing a flip-flop and saying "Oh, by the way, anything can happen". WTF ???

    ARRGHHHHGGGHHH !!!!!!!!!!!!!

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  • BharatPremi
    12-13 01:22 PM
    Hello All,

    First and foremost, i must thank everyone from IV, who is working tirelessly to resolve the issues of retrogression in the GC process. As an affected individual I am very grateful that leaders of IV are ready to contribute so much effort for its goals. And even though I do not actively work for the IV agenda, I have contributed money to some IV action items.

    I have a question/suggestion regarding the IV agenda. On IV's about page, pt number 2 asserts amongst other things,
    The Discriminatory Per-Country Rationing of Green Cards That Exacerbates the Delays.

    and further in the same point

    We do not allow employers to discriminate hiring based on their nationality or country of origin. Therefore, the employment-based immigration, which is a derivative benefit of employment, should also be free from rationing based on nationality or country of birth.

    I am curious to know what is the "legal" strength of these assertions is. Are they just "moral" statements or can the validity of these statements be tested in the legal framework of this country? In other words, my question is what is the constitutionality of the "Per Country Caps" in Employment / Family Based Immrigration procedures.
    A lot of Laws and Statutes have been challenged in the Judicial System of USA. And many more are challenged every year. And if the laws are not constitutional then they can be repealed.

    I am sure the leaders of IV must have thought about this argument however a quick search of the forums with 'constitutionality' as the search term did not return any results.

    IV's efforts to utilize Lobbying to bring about change to alleviate/eliminate retrogression are certainly beneficial. However, if IV has not already considered and eliminated this legal argument, then it should explore whether there is any substance to this approach.

    Hence this post. Below are some of the links that might be relevant.

    wikipedia article on constitutionality (
    wikipedia category on US immigration case law ( ion_case_law)

    thanks and sincerely,


    I am not a lawyer. Here is my understanding as a lay man:

    What is constitution?

    A: At some point of time, group of people, with having confidence from
    majority of people, with a centralizing tone of some common
    philosophy/ethics, create the framework of regulations with a goal to make
    society orderely, to make sure that common good of people remains
    prevalent and maintained and assures the penalty for deed done agianst
    common good and breaking the common order of the society. Wise ones,
    accepting the limit of individual capabilities, understanding the different
    needs of the society at different time, keep windows opened to improve
    the "base" constitution with making sure all checks and balances do not
    allow the misuse and hecnce the word "Amendment/s" have the existence.

    Now there has to be some base ground when base consitution is prepared.
    What that could be? During the process of human evolution, with accumulated experience of centuries, human societies have established some common practices which we now name "Ethics" and amazingly many are similar across many culture. For example, Burglary is considered crime in each and every society without any question or difference. Why?.. I do not like somebody snatches away my chain as in my mind I have established my ownership to that chain. You also do not like it somebody snatches away your car.If there are only two humans on earth, things might have been simpler considering one is burglar of those two. But here in society now every body has to establish the proof that s/he is aowner of something and somebody else snatches that away then it is not good. So wise ones decided (to keep
    controlled and organized society) made a rule : "From today we will call the act of snatching something away from somebody an act of crime if the person can prove that s/he is the original owner of that thing and let's call that person a "burglar" because he snatched away the thing" Now it was suited to everybody because it was protecting their belonging so that was established as "Ethics" and stories of "criminal behaviour"were created by every society for snatching away the thing from somebody. That make every human understand the fact that snatching away is bad thing
    (if done openly:), If lawyer snatches away big money from your pocket .. no it is not a crime or that matter USCIS... just kidding :))

    Now making story short, after 200/300 years of evolution, USA has legally decided to push the "Ethics" of employment: "Equivalent Oppertunity to all Citizens without race, creed, color, country of origin" and "Skill is the criteria of an employment" Now when these ethical and progressive principals are already implemented for common good of citizens, it should be implemented for foreign labor (non immigrants/immigrants).

    Can we "constitutionally" label some person that, hey you will be called burglar if you snatches thing away from US born person but you will not be called burglar if you snatches away the thing from pakistani or Sweedish or Chiense who has just arrived in this country?

    So bootmline: If at all constitution is permitting "per country based ceilings" then
    we will have to fight to change that because it is not right.


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  • NKR
    02-15 07:06 PM
    People would like to see India as land of snake charmers, cows blocking roads etc.
    They can't digest IITians coming to MIT, Stanford etc. :-)

    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.

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  • gc_lover
    06-26 01:17 PM
    So regardless of what August bulletin says, USCIS can just, on a whim stop accepting 485 petitions in Mid July just because they have received "Too many" and the mail room clerk is tired ? I dont know but it really does not sound like something USCIS can do on a whim without publishing a change in the rule first.

    I agree with you. To bring the dates back USCIS would have to accept application for atleast next 2 weeks. Then, they will have to open and count all the application based on country. After that, they will calculate Aug/mid-July retrogression date. It does not sound like they will do it in mid-july, but for august they can do whatever they want in their visa bulletien.

    This is jusy my assessment. I didn't get this from anywhere.


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  • bayarea07
    07-27 07:28 PM
    Still waiting for your reply and your tax returns for previous years as you promised :-)

    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!!

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  • peacocklover
    09-29 04:48 PM
    US Govt should realize the contribution of these high tech talented legal immigrants (gooses of golden eggs ( I sent to HDTV and also to all of those given contacts ( contacts (

    Please keep trying to help the govt by sending to all of those contacts and also media channels.

    God should help us and also this country.


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  • manderson
    02-13 11:30 AM
    If I am not mistaken I believe Rajiv Khanna already filed such a lawsuit some years ago and lost.

    Which makes me agree with walking_dude. With the new NC>180 rule, we can get pretty good momentum by recapturing lost visas and if possible by also increasing country caps and a increase of EB visas from 2009 onwards.

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  • gimmeacard
    08-02 01:07 PM
    so i got tricked this time, in checkout lane met some guy with his kid, started chatting casual nuthing on those bombay guy or other stuff which amway uses, finally he stated that he knows of some folks that have their business here in fremont,ca he is planning to see how they operate, i assumed business means some store related or so, since he didnt seem like an IT guy .

    next day get a call, i ask him if its quickster, n he says u heard of it...why wife started laughing @ me, saying u got tricked this time, normally i wud recognise these guys in 1look

    intresting 2 anway guys on the forum are always providing negative to my posts taking me to RED, to those giuys you suck, and will always suck! keep roaming in Walmart/Great Malls when u can use hte time to spend it with your family.


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  • _TrueFacts
    09-04 08:08 PM
    I spent almost an hr going through these massive 12 pages and concluded to support British's saying "Indians are dogs" and I want to add the following,


    We are called dogs, because we discuss things, then what are we called if we don't and accept things in India as they are.

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  • vjkypally
    09-15 08:39 AM
    We need to fight against this fraud by outsourcing companies who file for EB1 for their so called managers. IV needs to take this up with USCIS.Year, TOT_LBRS, Certified, LBR_INDIA PD_>_10/1/2001
    2000 074048 70204 ????? 0
    2001 082139 77921 ????? 0
    2002 089168 79784 ????? 7873
    2003 095299 62912 ????? 25956
    2004 098866 43582 ????? 26569
    2005 014253 06133 01350 6133
    2006 105960 79782 22298 79782
    2007 098753 85112 24573 85112
    2008 061997 21092 07198 21092
    Total 720483 526522 55419 252517

    In 2005 there are a total of 01350 labors certified only for India.
    In 2006 there are a total of 22298 labors certified only for India.

    The other important thing here to note down is there are many outsourcing companies out there filed/filing GCs for their so called managers in EB1 category.


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  • newtoearth
    05-03 01:51 AM

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  • gomirage
    06-14 12:23 AM
    so what are the ones that fall below on points supposed to do ? pack and leave after 10 plus years of being here ?

    The point system would only apply to new applicants. All those already in line will proceed according to existing system. Worked well in Canada's system.


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  • kopra
    06-16 05:20 PM
    I can Understand your frustration in this matter. Before blaming on the H1B Quota, we need to think of the grand schema in which this happens. USA is now well known as the only superpowerin this world. Lets take the example of the super-powers in history, Rome and Britain. As Ravi Batra in one of his books said,both of them had some common factors being a super power

    1) Military Power: Both these empires had the best Military in the world. They could use the military to make many of their provinces and colonies to accept their terms in doing business

    2) Both Rome and Britain used to run on trade deficits. This is because, every other countries( or colonies) were producing goods just to be sold in these empires. Their currency was the most sought after one and powerful elites wanted to hoard as much as they can.Since everybody were having so much currency, they didnt want the super-powers currency to decline in Value( which they reinvested in rome or britain to get more)

    3) Cheap Labour:Rome used Slaves to control the commodity price. The living standards of Romans were the best and people even voluntarly enrolled as slaves just to get a roman citizenship after some years.The wage of common people on Rome or Britain never rose, but so did the price of commodities. Britain didnt use slaves, but used the people from its colonies to do the work.Most of them did this voluntarily for a better pay. They used highly-skilled as well as unskilled workers from their colony with less wage to keep the price of commodity stable and cheap .They even enrolled these people to their military to fight wars.

    4) Spreading of culture and language to its colonies: Youth were attracted to their culture and it was easy to spread.Elites in these countries liked it and used to send gifts to the ruling guys. Elites were able to create more jobs , to produce more goods and services for the superpowers and that kept the ruling elites to be accepted,for some posts, re-elected and even workshipped by common man.

    These are the common character of an economic(military in case of rome and britain) super power. So if me or you or anyone among us fight against this cheap labour concept, we are not going to win. Its a character of this market and will continue

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    02-13 05:01 PM
    No one would learn to walk if their parents were afraid they would fall.

    The young grad has more fire in him than a seasoned vetran. I think we need more fire in this case than just experience.

    now are going to have a poll on this one too?? LOL!! :D


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  • krishna.ahd
    02-18 08:38 PM
    When the cap is revised, I agree that 'the increase in net population' is one parameter in decision...
    But that should not be the determining dominant parameter....

    The dominant parameter should be the change in the US demographics and the needs of the US economy...Millions of baby boomers are gonna start retiring soon....The cap has to increase keeping that in mind....

    The projections of manpower deficit due to demographic shift are in millions......

    If you want to maintain the same standard of living, you have absolutely no option but to import more skilled labor....and lots of it.....

    America is barely producing babies at replacement levels and between 2011 to 2032 ...... 77 million baby boomers( people born between 1946 to 1964) would need to retire or phase out involvement in active labor force....

    Doggone illegal mexicans would not take care of your high end requirements ... That is just fact of life...Now you tell me how much the EB cap should be .....


    As per the facts first baby boomers will start collecting benefits in 2008 and by 2020 when most boomers are 60+ there will be 2.6 workers paying social security and medicare for every retiree versus 5 workers now

    Is there anybody looking at this angle for increasing GC cap/upper limit ??

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  • gonecrazyonh4
    07-03 08:29 PM
    Done my part hoping it would help

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  • Madhuri
    09-23 02:10 PM
    This is a very good initiative and moreover the timing is perfect for this.
    I sent out emails and did my part.

    02-15 11:29 AM
    longg and msp1976, Could you update your profile with contact information. IV can use your skills.

    I have added cell phone number in my profile....

    09-15 03:19 PM

    You are admired a lot for bringing in hope for lot of people with your EB2 prediction thread, can you jump in and throw some numbers here please if you think the numbers quoted are out of way, i understand this is time consuming but since you already did your homework last time around it should take you few minutes to come up with some realistic numbers.

    Hi ocpmachine,

    I dont know the exact Eb2 India labors certified for the given years. But initially I assumed that Eb2 India would be almost current or in the worst case it would cross 2006 because of the spill over. Because I assumed and hoped very high on the spill over numbers. But in reality the spill overs also didnt make a big impact in the EB2 India movement. See the previous visa bulletins you could find that Eb2 is is in the middle of 2004 in the year of 2005 itself. Since 2005 to 2007 its there in 2004 many times.

    But in 2008 and 2009 EB2 India got the maximum share of the spill over visas. But still the dates are in the first month of 2005. So hardly EB2 India moved forward about 6 months to 9 months in the duration of 2008 and 2009 with the help of spill overs. That too in this bad economy where there would be comparatively less labors applied than the previous years.

    So I am expecting a steady and consistent forward movement of EB2 India but not a quick jumps of couple of years in single bulletin.
    I hope it makes clear to everybody. And all we need is an EB immigration reform.