Friday, July 1, 2011

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  • ita
    04-20 02:27 PM
    Guys,

    Unlike here in U.S people in India don't seem to be aware of what's going on around them.
    Please do whatever you can in educating whoever you think would understand you.
    Media is not doing the job of carrying news to people , increasing awareness of people.
    It's just serving certain elements .

    Here's Modi's appeal to NRIs

    http://www.youtube.com/watch?v=zvtTZ7B-2pM





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  • lazycis
    12-13 01:07 PM
    Here is what the Supreme Court said:
    http://supreme.justia.com/us/426/67/case.html

    "The fact that all persons, aliens and citizens alike, are protected by the Due Process Clause does not lead to the further conclusion that all aliens are entitled to enjoy all the advantages of citizenship or, indeed, to the conclusion that all aliens must be placed in a single homogeneous legal classification. For a host of constitutional and statutory provisions rest on the premise that a legitimate distinction between citizens and aliens may justify attributes and benefits for one class not accorded to the other; and the class of aliens is itself a heterogeneous multitude of persons with a wide-ranging variety of ties to this country.
    In the exercise of its broad power over naturalization and immigration, Congress regularly makes rules that would be unacceptable if applied to citizens. The exclusion of aliens and the reservation of the power to deport have no permissible counterpart in the Federal Government's power to regulate the conduct of its own citizenry. The fact that an Act of Congress treats aliens differently from citizens does not in itself imply that such disparate treatment is "invidious."
    ...
    The real question presented by this case is not whether discrimination between citizens and aliens is permissible; rather, it is whether the statutory discrimination within the class of aliens - allowing benefits to some aliens but not to others - is permissible."

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





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  • ramus
    06-27 10:04 PM
    Sorry my number was wrong...

    Its not 80,000 , it is 129,973.. That is also as of March 2007..

    look at link http://www.shusterman.com/pdf/permstats407.pdf



    Are you sure about 80000 PERM?

    I recall seeing somewhere that for the entire 2006, there were about 6000 PERMs.





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  • logiclife
    01-23 04:32 PM
    http://news.mainetoday.com/updates/008785.html

    NEWARK, N.J. - A business owner from India was sentenced Monday to 20 months in federal prison for helping hundreds of immigrants live and work illegally in New Jersey and elsewhere in the United States.

    Narendra Mandalapa must also forfeit $5.7 million and two luxury cars - deemed to be proceeds of his crimes - and pay a $25,000 fine, under the penalties imposed by U.S. District Judge Dickinson R. Debevoise.

    Mandalapa, 36, was owner and president of Cybersoftec Inc., a business consulting firm based in Edison in 2004 and 2005.
    Cybersoftec also claimed offices in Portland, Maine, and
    in New Hampshire, and obtained more than 150 certifications in the two states for temporary work visas in 2004 and 2005 through the U.S. Department of Labor, the Portland Press Herald reported.

    Cybersoftec, according to Maine Department of Labor records, also filed about 50 labor-certification applications in Maine for green cards, which allow foreigners to live and work in the U.S. indefinitely.

    Mandalapa had pleaded guilty to immigration fraud, admitting that he got up to $22,000 from immigrants to file fraudulent documents. Those included I-140s, which are petitions for an alien worker to become a lawful U.S. resident.

    Mandalapa has been in custody since his arrest Nov. 3, 2005. His lawyer, Bruno Bier, said Mandalapa will get credit for his 14 months of confinement and will spend about six months in prison before he will likely face deportation proceedings.

    None of the indictments on 29 counts of immigration fraud, money laundering and mail fraud related to his applications for green cards were linked to activities in Maine. Mandalapa pleaded guilty to one count as part of a plea bargain.

    Bier said Cybersoftec is no longer in business.

    Our message to Narendra "Nick" Mandalapa : Enjoy prison. Maybe on the inside, you can sell contraband items just like on the outside you sold approved labor certs.

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

    Like someone said on the news article thread, the only difference between this guy and other desi companies (Desi means "of Indian origin") is that this guy got caught, while hundreds of other companies still sell approved labor certs with earlier priority dates.

    And all this illegal trade is much to the delight of AILA, who is pushing hard to keep labor substitution alive.

    What's in it for AILA? : Additional business of labor substitution. Now, for a few extra pennies, AILA would not hesitate to screw thousands of GC applicants waiting in line and enable the "Cutting in line" that happens due to labor substitution.

    So if you think AILA is a friend of immigrants (legal or illegal), think again. Its a friend of $$$. And there is nothing wrong with that. Everyone pursues self-interest. That is what AILA is doing. But dont misunderstand AILA as a champion of immigrants (legal or illegal). It represents immigration lawyers, not immigrants. On a rare occassion, the interests overlap, and that's good. But on many issues, AILA has a history of being very very employer friendly as far as immigration law is concerned, even if it comes at the cost of employees(immigrants).



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  • mirage
    04-16 12:42 PM
    Ultimately everything boils down to corruption. Huge money is going down in the pockets of big media houses, it is so damn obvious...Hindustan times, IBN & NDTV carried pictures of Priyanka Gandhi's children for 3 days on the front page, I never saw pictures or anything on Chandrababu Naidu, Yedirappa, Badal, Gehlot, Shivraj Chauhan or for that reason anybody....these kids are more important than our grassroot leaders ? The family is talking about "Rahul kee Shaadee" and the whole media is printing that, nobody's asking them where were you and what you did in last 5 years ???





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  • gc4me
    03-27 09:31 PM
    Can you please provide link for the memo.



    If text of the proposed memo will be the same, then all pending I-140 based on LC substitution should be denied.



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  • Macaca
    02-18 12:20 PM
    One consideration is that majority of Indians coming to US have a plan to leave within a certain time period or after a certain goal saving whatever amount...
    I had that kind of goal too...But after 5-6 years the considerations change....

    Also all arguments came out of UnitedNations unfortunately are already present and deep seated in a very large %age of our compatriots....That is the main reason behind the less mobilization......

    Also the situations are changing in homeland...The value of a green card had dropped in the eyes of a large number of people....This situation of people lining up for green cards would change in a few years...especially if the economic growth keeps the tempo it has....

    I don't know the context of the above explaination. It is no explanation for the following (I have truck loads of them) which is posted nearly once/day. Many such opinions may not be posted.

    Forget contributions - find other ways to survive......

    A lot of people, including me have lost faith in IV. They are not going to pay. We don't know what IV is working on and we don't believe it can do anything. The sooner IV accepts it, the better. I have seen this personally in talking to people and you can see the evidence with less than 300 people contributing. IV needs to produce results first.


    And today, some of our members, when they call us, block their caller ID. God knows what they are afraid of.





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  • go_guy123
    01-22 02:21 PM
    I pity people who have coming to USA is foremost objective. In my case, i came to USA 7 years ago. Atleast i earned few bucks. But people who are dreaming about USA and taking education loans with the intention to payoff once they land in USA. It also includes people coming here on F1 with intention to work here. I feel really sorry!!!

    Yes very correct. I still don't get the reason for people's obsession of doing MS/MBA in US.
    It makes no sense any more. 10-15 years ago it made sense. I have have been telling people to look outside US for MBA (practiced it myself for my MBA though I did my MS in US)



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  • sadshaq12
    10-26 09:42 PM
    I got I140 RFE last week
    Thhey are asking for 2000 tax return because case was file in 2000
    tax return is about 29k which is lower then my prefered wages
    my lawyer says he will file bank statement for the company which is enough but still i am not satisfy
    please share your info and advise

    THanks





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  • Macaca
    06-28 07:51 PM
    I am analyzing for EB-2 (India). The current date for EB-2 India was Apr 1 2004 for month of June.

    Retrogression started Oct 1 2005. Before Oct 1 2005, persons with PD < Oct 1 2005 (remember PERM) could have submitted I-485. Some (not all remember namecheck) of these would be ready for adj June 1st 2007. These applicants can be divided into 2 categories: those with PD <= Apr 1 2004 and those with PD > Apr 1 2004.

    Applicants in first category will get GC in June and applicants in 2nd category will get GC in Jul. These applicants can exhaust 2007 quota.

    USCIS is taking 3 weeks for notification of 485's submiited in June. I would be very surprised if they process a June submission in < 3 months. So chances of June applicant using GC number are low.

    USCIS knew # applicants in above 2 categories: this appears trivial. If these applicants exhaust 2007 quota, USCIS knew that quota will get exhausted in Jul. The date can be of their choosing since the work involved must be pretty low.

    A similar analysis can be done for any other category. Correct me if my dates are wrong.



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  • voldemar
    02-13 12:25 PM
    And how do you support that argument please ?
    It's in the law. Read INA before going to bed.





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  • unseenguy
    06-16 06:51 AM
    Easy for you to say when you are applying for your citizenship. You sir, are an idiot. And if you were really on H1 for as long as you claim, you are a mean idiot, no less.

    Retrogression is a scar on the face of EB immigration.

    Thats the reason every immigration bill so far related to EB has tried to resolve this issue. Anyone who says retrogression is good is either misinformed or a pychopathic specimen that needs instant mental evaluation, followed by treatment and observation in an asylum. The observation should continue for as long as it takes a typical EB3-India case to get approved. To paraphrase your quote: "The truly cured would still be observed until their turn for release comes"

    I agree with you. This guy applied his GC in 2001 and got it in 2003. In just 2 years. He made a stupid decision to leave MSFT and then lost 3 jobs in a short span. He is some nut mental case who is happy seeing others getting screwed. Maybe he works his way up by pushing others down.



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  • alterego
    12-21 05:18 PM
    albertpinto,

    I agree that it is not going to be easy - but I don't see any other way.

    It is easy to throw numbers - 200K, 500K waiting, 750K apps received etc. etc., but unless there is evidence to back it up, these numbers mean nothing. What is our answer to a Senator who asks how many people are waiting in line Eb category? And what is the source of that data?

    How else can we estimate how much money we are paying every year in taxes and contributing to the growth of the economy? Or, how many really intend to buy a house on receipt of the Green Card?

    Perhaps we can think of some other strategy to arrive at some concrete numbers - but I sincerely don't think a database of anonymous unverifiable members is of much use. By the way, when I said verifiable, I meant that if a representative from a senators office were to randomly call a number from the database, he would find a legal immigrant at the other end who is trying to find his way through this process.

    I like the idea of a temporary green card - there has been talk about it in the forums in the past. We could also consider pitching the idea of "expedited/early evaluation/adjudication", of the I-485, for a fee. The main point could be:
    - For a fee, you will know for sure whether all your paperwork/interview work is complete, the case has been adjudicated, and your application is waiting only for a visa umber.
    - Once the case is adjudicated - the USCIS sends you a letter that it is complete. Now can do almost anything with your EAD/AP - work for any employer, any field, any state, study, start a business etc.

    The USCIS can define the criteria for accepting cases for early evaluation, such as:
    - PD older than 3 years
    - Buying a house etc.
    - Attempting to start a business, changing job, going back to school to enhance skills etc.

    Any other thoughts, any one?

    In my view that sets the bar too low for us. You can never get any certainty with an EAD/AP, with a green card one is considered a "probationary American". With this sort of request, there will be a "probationary period to probationary citizenship".
    At this juncture, if you are in a secure job and can hold that job, especially if other jobs depend on yours, and feel secure enough to buy a home in this country, you are a tremendous asset to this country at this time.......period.
    The skills, savings mentality, strong family values, capital and international contacts that we possess are a net plus to this country.
    I have not come to this country to beg for anything, I have come to benefit myself while benefiting America. There are synergies here for us and any fair minded person will see this. Only narrow minded people who have a zero sum mindset eg Lou Dobbs can't see this. If an EB5 investor, a spouse of a citizen, and other categories can get a green card right away, why would a similar option not be afforded someone who will in a substantially tangible way benefit the economy near and long term. The American public will embrace this if presented to them in the appropriate way.





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  • chanduv23
    08-17 12:18 PM
    These morons never learn lessons. He is insulting him self by bitching about it....the Officers are just doing their job to verify their system... Can you imagine that a foreigner coming to India might have to go through ordeal if Indian Official suspects that he is a terrorist just because his records show....He should not forget that US has such system to verify and let him go.... where is SRK and others showing some passion when similar thing happen to President Abul Kalam? where is SRK and others showing some passion when bombings happened and innocent people get killed time and time again in India. Did he called for such system in India??? Where is SRK and others showing some passion that we need to improve Education System so that we can be proud of as Indians again? These guys thinks every thing for me nothing for others. They got all the money in the world they want.. now what?? how much is enough for these guys....People like him should learn life lessons like this and try to change Indian peoples life so that they get respect around the world. I think that is better for all of us. As Indians we should teach them or remind them when they forget those values.

    Lets not bash or blame SRK for what he said or did. You are now blaming him for all the problems in India.

    For India's problems - "All Indians are equally responsible". For world's problems " All people in the world are equally responsible"

    "The world is a dangerous place to live; not because of the people who are evil, but because of the people who don't do anything about it." -

    -- Albert Einstein

    Now tell me "Have you done anything to make this world a better place?"



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  • Macaca
    07-04 12:09 PM
    Avg. For 1 person
    ------------
    Cost of Applying: $395 + $170 + $180 = $745

    What is $170 and $180? I got this number from my attorney.

    However, we are getting conflicting #s on application fee!

    Please resolve these #s. Lawyer fees vary. So we can give least and max #s.





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  • dan19
    08-30 04:58 PM
    I am doing my Canadian Immigration myself.

    It is fairly a simple and straightforward process. So my advice is "Do it yourself". Immigration lawyers do normally charge more that $1000 and make mistakes.

    Since it takes around 1.5 years for the entire process to complete, send the application as soon as possible. Dont wait for gathering all the document! That will ensure that you get a early priority date. If more documents are needed, they will ask you. (Most people sent English Proficiency and Police Certificates after submitting the application, though they are required to be part of the initial application)

    I can describe the procedure:

    1. Calculate your points based on the information on Canada Immigration website. If it is more that 67, you are good.

    2. To prove English proficiency, take IELTS test. You need to register for the test as soon as possible since some centers are always full. (Some of my friends who studied in USA skipped IELTS - rather they wrote a letter stating that they are proficient in English as they studied/worked in USA)

    3. Make sure you have the required funds. It's around $13,000 for a 2 member family. (Again check the Canadian Immigration website for accurate info)

    4. Get experience letters if you are claiming experience.

    5. Get Birth Certificates and Police Certificates. If you are an Indian, the link you need to look for is http://www.indianembassy.org/newsite/misc_guide.asp

    6. Though they do ask you to send US FBI Police Certificates, do it later. (They will ask you for updated FBI Police Certificates evenif you submit it earlier)

    7. Fill the forms, attach the documents and send it!!!!


    Visit http://www.canada-city.ca/canada-immigration/ or
    http://www.immigration.ca/discussion/forum.asp?FORUM_ID=4 for further discussions.


    Our frustration with the US legal immigration and retrogression seems endless. My wife and I are considering immigration prospects to Canada. Can somebody please suggest good responsive lawfirms that could handle a Canadian PR application? We would also appreciate some insight on Canadian immigration prospects for physicians. Thanks



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  • gc_on_demand
    09-24 03:42 PM
    What if EB2 ROW person has labor approved but I 140 pending . because of C person can apply for 485 but will not consume visas.

    So if DOS and USCIS decides and if USCIS loose focus from approving Eb2 ROW and EB1 case for a while and technically create no demand for them leaving more spill to Eb2 india and china that can make Eb2 india C.

    Don't forget that if date is current and still USCIS keep your AOS pending some how you cannot do anything..





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  • John333
    07-15 06:40 AM
    Dear Attorney,

    A million thanks for this website. I have a unique problem and I humbly request your expert advice on my situation.

    I am a physical therapist from India who got 221(g) after H1B interview. 221g tells me to take and pass the physical therapy licensing exam before they could issue the visa. I have Visa Screen certificate from CGFNS, educational equivalency report and approval letter to take NPTE exam(licensing exam) from physical therapy state board of Maryland.

    The problem is that, licensing exam is offered only in US mainland and to take the exam they should have given me H1B visa. I even submitted to the consular officer, USCIS memo on H-1B Specialty Occupation Licensure Requirements dated March 21, 2008 regarding 1 year temporary approval, still she gave me 221g.

    One more interesting thing is that 3 of my friends who had the H1B interview with the same set of documents and without licence, with other consular officers on same day, was stamped visa without a question on licence.

    Kindly advice me if there is any way I shall sucessfully appeal on 221(g) and get the H1B visa stamped. Thank you very much in advance and god bless you. With lots of regards,

    John





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  • minimalist
    09-23 11:01 AM
    I support this, if most of us like this. I considered people with one income and who lost jobs in this economic situation. If this idea is supported by many members then i will also support.

    aps

    Dude, It is a proposal from one of IV folks. The chances if it becomeing enacted are 0.0001%.
    Even if it does ,it takes few more people out of the queue.
    I can't afford to buy a house either. If 10 people get out of the queue, the line will be that much shorter.





    ss1026
    03-29 01:38 PM
    To those ignorants or idiots who voted for Rahul Gandhi or Sonia Gandhi:

    This is a book shows facts about Nehru Dynasty in India: http://www.scribd.com/doc/1777536/Nehru-Gandhi-Family-Secrets

    US just elected a President who father and step father are Muslims. And that is great and the world appreciates that because it shows that this country can judge a person by his skills or character and not get stuck in bigoted views about muslims or other minorities. And we love this country for that

    But when it comes to India, don't you think of voting for Rahul gandhi because he might have some blood of either a parsi or ('god forbid') muslim in him. That certainly should dis qualify him, shouldn't it. Nepotism is certainly bad but this takes the cake. Dont vote for him because he might be 10% parsi/muslim (I am sure you have not forgotten about the italian heritage but you can raise that later). But certainly criminals and perpetrators of Genocide would be desirable PM choices. Rock on





    mbawa2574
    02-15 04:03 PM
    u r missing my point..
    Again you are saying it's a SKILL cap. We can agree business may hire whoever they please but don't pretend that they only hire based on SKILL..
    when someone says let business hire the "best and brightest", that's my problem, he implies the best and brightest are concentrated in only two countries so that's what's insane, that's why he won't be taken seriously.
    cheers.

    Who is preventing people of ROW for applying H1b or Green card EB ? Employers look for availability of talent not for country of origin and anyone who competes in the global market wins. If ROW countries have less people with marketable skills or less people who want to work outside their countries,it is not the problem of Chinese or Indians. There is no logic with Employers being forced to wait for visa numbers to comply with diversity. There should be a FIFO system without any country of birth barriers. USCIS wastes more annual visa numbers due to these country caps. Lets make these guys fine tune this immigration system which is actually against the free market capitalist principles of this country.