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  • krishna.ahd
    02-14 04:11 PM
    Hi Unitednations
    I am reading your current and past posts recently.
    Seems like you have enough information ( may be insider info also) regarding Retro and Gc process.
    What is the practical solution short term and long term , Not what we like to have , i am looking for what should be ??
    Out of Goal from IV , what is practically achievable ??

    Thanks in advance for your comments





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  • snathan
    08-16 11:41 AM
    So shall we strip search Barack Obama or Hillary Clinton on their next visit to India? They can also be accused of bringing something illegal, isnt it?

    Does our people have the balls to do that?





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  • anai
    06-28 03:38 PM
    Based on this, I have again (yes, again) emailed by immigration lawyer and sent him the AILA's URL (although I cant see it coz I am not member of AILA).

    IF AILA reports that they stopped accepting new 485 petitions for EB3-other, then it is pretty freaking scary and that means that what my lawyer told me "I cant happen, bla bla bla..." is really not 100% accurate. If it happened in June, it can happen in July. This is now REALLLLY SCARY, coz my lawyer has plans for July-end for filing.

    Ever since the dates got current, it has been more stressful than the time when dates were retrogressed and almost makes me miss the retrogression days when I didnt have to depend on the lawyers for my career.

    So, what did your lawyer say? Would sure love to know, once you hear back.





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  • Pineapple
    12-14 05:10 PM
    I can understand your concerns.. and no, I do no resent your comment. I rather welcome a different viewpoint! IV, I emphatically maintain is made up ordinary people, like you and me, regardless of nationality and culture. I'm not a core member, but that, in itself, is the point - there is no top-down hierarchy, no "party line". IV is us. It is the very embodiment of the philosophy, "Of the people, by the people, and for the people" .

    If it were any different, I would not be here.

    That said, let me address your concerns. You (and anyone else) is free to disagree.

    Let us say all country quotas are removed. In that case, yes, you will see a majority of GCs going to people of Indian and Chinese extraction. But to say that the removal of country quota is going to disadvantage people of other countries is a mathematical fallacy.
    Let me explain it this way, using an analogy. Suppose you take part in a lotto game. The prizes (GC) are limited. Say there is only one prize and you have 100 participants. Also, further, let us say 80 are from California and 20 are from Pennsylvania.
    If you play the game several times, you will see that 80 % of the prizes go to people from California.
    But, that does not mean that you will improve your chances of winning if you move from Pennsylvania to California!!
    Your odds are exactly the same - 1 in 100.

    Removing country quotas would have the same consequence: If would actually give everyone a level playing field, and everyone would have the same shot at making the coveted quota of 140,000 EB GCs.

    But when you have quotas, the probabilities are severely distorted. Especially when you have arbitrary quotas. (Why 7 %? Why not 9 %? Why not 5.247 %?).
    In this case, if you are from India or China, you are seriously disadvantaged, while someone from a smaller country gets an unfair advantage. This is not complex political philosophy. It is school boy arithmetic.

    You see what I mean?

    When an Indian or Chinese asks for no country quotas, he/she is not asking for more.. He/she can no more control the wind as control where he/she is born. He/she is just asking to have a fair chance just as anyone else in the world. Why should he/she be penalized for being born in a big country?

    I hope you see what I mean.

    Anyway, the thread is about whether we can make a constitutionality argument in the court. The issue of "fairness" is quite settled as I explained above.

    I know what I am about to say will trigger a lot of reaction and some resentment, but it has to be said on behalf of those who are not Indian. I think the per country limit is to ensure that people of all nationalities and races have an equal opportunity to obtain a green card and to ensure that no one nationality, group, or even sector (i.e. IT) monopolizes the so few visas that are available. In fact, in the visa lottery, countries become excluded when the number of immigrants from them reach a certain point, so we are lucky they do not do that in the Employment-based system!

    I think that by wanting to remove the per country limit so more Indians can avail of the green card quota is both asking for "special treatment" and a slap in the face for all the non-Indian IV members. The more I read the threads on this site, the more I feel that this organization is geared just to one ethnic group. I am sure that Indians probably make up the majority of members, but the founders of IV (I hope) did not want this organization to become one-sided! Please be considerate of ALL members and try to come up with suggestions that would benefit ALL members!!!:mad:



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  • dingudi
    02-15 04:38 PM
    The reason we have greater supply of workforce in IT from one specific country is not because of skills or talents. Almost every IT workers from ROW and China came to the US as a foreign student after TOEFL, GMAT, GRE, internship and only then landed a job in IT. Whereas the preponderence of IT workers from India came here through L1/B1/H1 sponsorship through bodyshops. Attending school, preparing for generalized tests requires time, money and patience. This is one big factor why the supply curve is skewed.


    I am an Indian and also came as a student giving GRE/TOEFL. So do not generalize that IT workers from India came here via L1/B1 route. Some of them did but some did not. I know lot of Indian who came here to study.

    If India is producing more people qualified in these skills then its not their fault.





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  • perm2gc
    10-24 11:06 AM
    If you join Microsoft , you might get less salary but they pay your insurance 100%. Is microsoft selling insurance to you?? its just a benefit/perk being an employee of microsoft.

    same thing here too... pre-approved labor is just a perk/benefit offered by employer to hire you with less salary. so if you think you sacrificed your salary to get to cut the line for getting GC then you are thinking right.if not please stop thinking like socialist.

    It all about money and business brother.
    We have so much discussion on this topic in many threads but i dont know why people want to discuss samething again and again.

    We know LC substituion is good for few and worst for many...

    Admins can you please close the thread...



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  • mirage
    03-30 04:30 PM
    In my opinion MMS may be a nice person and may be a good economist, but it wasn't him who was running the govt. and it will not be him if he comes back again. It is a very common practice in India, a chemist will run a chemist shop but the License is in somebody else's name. Here also same thing happened, you saw Manmohan Singh on PM's chair, but it was somebody else who was running the show, and it is deception & dishonesty to your voters. I always see a "Culprit" in his eyes, which is either hiding something or is guilty. Observe him on TV, he's mostly not making too much eye contact, he know he is guilty of deception....
    He also headed one of the most corrupt & criminal cabinets in the history of India. People like Taslimuddin, Shibu Soren , Jagdish Tytler, Lalu had several criminal cases against them. On the contary you may not personally Like LK Advani, It's not just him who's going to rule the country if he comes to power. It'll be the whole cabinet, most what was during Vajpayee govt. which was much cleaner & much more agressive on developmental issues, they worked on certain agendas, lot of places where you see growth, were actually the good work done by the NDA govt. You may praise Laloo for all the Railway turn around, but the reality is the foundation was layed by then Railway Minister "Nitish Kumar", AI/AI became profitable under "Rajiv Pratap Rudy" . There were people like "Suresh Prabhu", "Yashwant Sinha", "Arun Shourie", all of them did tremendous Jobs in their cabinet. Yes...only that puupet brought those changes and reforms. I dont have any issues for Mr. Advani, but please show me some track record as he was part of the ruling party for five years.





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  • we_r_d_world
    07-30 02:15 AM
    Everytime I visit walmart @ mountain view, can find a guy asking direction to nearest Home Depot. Everytime i come across him, he asks me the same question.

    I am planning to carry google maps print out next time I go there.

    Yeah!!!!
    They call it "lets go hunting"

    In hindi "Shikar"



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  • grupak
    12-13 12:04 PM
    --I think, per country quota system was framed with diversification as underlying principle, not discrimination.

    Depending on which country you are from, it may seem like discrimination or fair system upholding diversity.

    If you are from India, you would hate it. There are truckloads of programmers in that country. But if you are the only graduate with programming skills from a country like timbaktoo (?), you would love it. You also got a shot at american dream.

    This EB quota system reminds me of Caste reservation system in India. To some that is fair, to others, it is unfair. Depends on which side of the fence you are.

    Fairness or not is not the issue. Question is can it be challenged in a court? Diversity at work place is encouraged through outreach for example. But you cannot discriminate in employment based on national origin. Employers can't put quotas for employee diversity. Employment based immigration I don't think can count because part of the requirement for holding the job is that the employee have a valid work authorization.

    For example, someones H1b 6yrs runs out the without possibility of extension, you cannot cry discrimination from the employer for not hiring you beyond 6yrs. As I said, the employers don't force you to not change job or job title. People don't because they will lose their GC or spot in the GC queue.

    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.





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  • immigrant2007
    08-20 10:38 PM
    I agree
    I hope we spend this much time in supporting or PLANNING WHAT WE DO NEXT. I still believe if we all of us make a combine effort we can get our backlog issue resolved



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  • akred
    02-15 11:11 PM
    oguinan,

    Paragraph 1 of Article 1 establishes the definition of racial discrimination for the purpose of the document. Paragraphs 2 and 3 limit the operation of the convention. As to why paragraphs 2 & 3 were included, perhaps they were required to get countries to sign on to the convention.

    Here's a better link. Read under Modern Racial Exclusion, excerpts of which I have posted below.

    http://academic.udayton.edu/race/02rights/immigr09.htm

    ...similarly situated persons (e.g., siblings and children of U.S. citizens) may face radically different waits for immigration depending on their country of origin, with accompanying racial impacts.

    The law created a new immigrant visa program that effectively represents affirmative action for white immigrants, a group that benefitted from preferential treatment under the national origins quota system until 1965. Congress, in an ironic twist of political jargon, established the "diversity" visa program, which though facially neutral prefers immigrants from nations populated primarily by white people.

    The link to the CERD report is here. The convention does not address the country limit directly as the convention expressly does not apply in that area, but it does show that there is awareness about the discrimination faced by immigrants. http://www.unhchr.ch/tbs/doc.nsf/(Symbol)/6d8aee7e356e6498c1256d4e00557f3b?Opendocument

    You can see that the UN panel is aware of the fact that racial discrimination manifests itself in disproportional representation (note the reference to the composition of the Supreme Court). It can be argued that the 7% country limit provides a pretext to discriminate against India/China/Mexico on the basis of ethnic or racial origin, and as such would run afoul of the convention.





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  • TomPlate
    07-03 09:36 PM
    Can we organize a skype conference chat. Please let me know.



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  • dilber
    07-16 03:37 AM
    Some one has done a very good analysis in this thread.

    http://immigrationvoice.org/forum/showthread.php?t=4285&page=107

    Here is copy and paste of the post by gcobessesed

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

    Reading this post and the Ron Gotcher numbers, I see some answers for the pending India backlog number question and a silver lining for EB2.

    Quote:
    Originally Posted by drirshad View Post
    (Quoting Ron Gotcher) The CIS backlog does not appear to be as serious as I had been told previously. Rather than 600,000 pending employment based AOS cases, it is likely less than 400,000 pending cases.
    Quote:
    Indian applicants make up approximately 40 to 45 per cent of the entire employment based quota backlog
    Therefore, about 160,000 applications are pending for India!

    As we have seen before, EB3 and EB2 are almost the same proportion for India with EB3 being slightly higher. So, about 85,000 for EB3 and 75,000 for EB2 are pending.


    I am very confident that EB-2 india will become current in about 14-18 months.

    I disagree with the underlined part before the visa numbers started to move fast in June and The July bulletin EB2 was at Jan 03 and then at Apr 04 but EB3 was at May 01 and then at June 2003 so there will me more like 60~65 percent of Eb3 filers so for calculating EB2 movements we should take this into account as well. So if USCIS does end up giving all the spillover numbers to the retro cuntries in EB2 then I have to agree with Vdlrao's analysis that there will not be much retro in India in the next FY and by the end of next FY it might even become close to current.





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  • jchan
    05-29 03:18 PM
    Well, I think the discussion is about people playing by rules are getting pushed back by those exploiting loopholes.

    Some members were trying to say we should not fight fraud because the root cause is insufficient visa number (and country quota). While he was right about the root cause, that does not mean we can't do the two things at the same time.

    See what happened to H1B when USCIS acted seriously about fraud? Most of the fake 'employers' or those applying H1B only to rotate people in the US got the message and really thought twice before they file a case. Result: two months from 04/01, there are still 20k H1B quota left. And this didn't even need any legislative change.

    What if USCIS starts scrutinizing EB1 cases for multi national executives? In no time they will find 50% of employee from an Indian IT firm are executives. This is not hard -- by common sense a very very small portion of employee are executives.

    Someone said we would do the same if in their position. Well they didn't know some people do have a line of morality. I am from China. There are many ways to apply refugee being a Chinese -- one child policy, Fa Lun Gong, etc. Yet I refused to do that and most of my countrymen didn't.

    If you didn't have patience to read every word of my reply, what I wanted to say is, fighting fraud and advocating more visa numbers are not mutual exclusive. We do not have to unite those who get their Green Card by fraud, because our interest are not the same with theirs.


    Can not agree more.

    We get engaged in all kinds of discussions EB1 Vs EB2, EB-I Vs EB ROW. bulletin predictions...But we all skilled immigrants can not figure out how to unite and resolve the big issue of backlog. When one person suggests any initiative( flower campaign, call campaign, letter campaign etc.) more 20 people hammer him or her and spend their full energy in proving how suggested idea will not work. Next time the guy does not even think about suggesting anything. On top of that some will come up with their line" Have you contributed, If not then do that first".Our lack of unity will keep us here for a long time to come. In coming months and years, some people will lose interest, stop visiting this site and move on. Others will come to see if there is any POSITIVE news and some will still keep fighting over the issues of EB1 vs EB2 vs India vs China Vs ROW.

    Good Luck



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  • nixstor
    09-23 02:26 AM
    Asking for exemption from quota will cause this proposal to fail. My suggestion:

    Of the 10,000 available visas per year for EB5, only about 3k to 4k are being used. How about if one buy a house and give a minimum $100,000 cash payment (not credit in US), he will get a temporary greencard from the EB5 visa pool. If after 2 years, the house is occupied and owned by the same person without problems with credit, he will get a permanent GC. This is on top of meeting the requirements of the category he is in.

    Sorry for bringing EB5 in my comments.

    This is just my opinion.

    I hear your pessimism on the exemption from quota. The write up here is an attempt to bring the committees on both sides to the table and let them decide what they want to do with it. The solution quoted here will not be as it is if it were to be drafted by folks on the hill. In normal conditions, exemption from numerical limits is a big issue, but given the surplus of homes, 11.5 month inventory and ever growing foreclosures, rock solid mortgages EB applicants qualify for, might make such exemption possible in a situation that is referred to as once in a century thing.

    20% down payment on sale price is a sign of good borrowing habits in the mortgage industry. Last time when I checked approximately 800 visas were used in EB-5 yearly. Thats a different story.





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  • matreen
    08-17 08:55 PM
    Excellent reply.

    Excellent and brilliant answer and I agree to this.



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  • LostInGCProcess
    09-21 12:23 AM
    Thanks for vounterring your time and helping the immigrant community out -

    My question -
    EB3-India
    PD: Dec 2004
    I-140 approved.
    I-485 applied: July 2007
    EAD and AP approved

    I recently quit my job and have been out of work for 2+ months, looking to get on to another job on EAD now.

    1. Are there any risks to my AOS application with I not being employed for 2-4 months? I-140 petition is approved, worked at my last employer for more than 180 days from my date of I-485 filing. Left my last employer on good terms, I-140 petition will not be revoked.

    2. As for the new job, would getting a new job on contract (possibly a 12 month contract with a Fortune 50 company) be a problem? I was under the impression that one needs full time employment but wanted to clarify since the contracting vendor is willing to hire me for the 12 month term on W2 and was wondering if that would be sufficient. What kind of Employment Verification Letter may I have to produce incase I get an RFE for the same during this time period.

    I would really appreciate your input. Thanks!

    Please let me know what reply you got for this inquiry.





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  • vdlrao
    07-21 07:59 PM
    If I understand correctly, there is no mechanism for unused EB visas to spill over to the following year's EB, but the law allows unused FB visas to spill over to the following year's EB ?!


    The unused Employment Based visas will be added to the following year's Family Based visas.





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  • srinivasj
    07-21 01:19 PM
    its a big problem in Bay area, especially in walmarts, greatmall of america..they come with lame lines to strike a conversation...





    PlainSpeak
    01-13 02:11 PM
    IV works in the interests of both EB2 and EB3 as amitjoey mentioned. we cannot create a Bill to get relief for only one category.
    There already exists an very small, unsuccesful org for just EB3 that core is aware of, and they consider IV as their competitors because
    1. They do not understand and know nothing of how IV works (just like plainspeak)
    2. They want to get donations and members away from IV and make money

    These statements give her away. This is what they do try to pressurize IV to do their agenda. Enough said. Ignore the sales agent. They are trying to incite a fight between EB2 and EB3 just to split IV.

    The other posts were just a diversion to show you are not completely rogue. You just have a single agenda - to promote your organization.
    Wow can one person with an idea make such a difference or is IV an organiation with such a deep sense of hostility that they see enemies everywhere

    I am a simple person who does my job and helps people when i can and yes like every human i have ideas and hopes. Now when i get an idea about an invention i would go to the patents forum and when i get and idea about say investing i would go to an investing forum. Now when i got an idea related to immigration i have come to the forum which stands like a beacon for all immigration community or are you incapable of recognising the fact that that IV (and that means all you guys in in) is big hugh and was doing the right thing when no one else was.
    Even now i do not think what IV is doing is wrong. I have differences with the outcome of their approach becasue i feel that this approach wil be bad for EB3. Out of all the people commenting out here there has been NOT even ONE person who has tried to understand the reason for why i feel EB3 is going to get in bad shape. Not one has tried to understand what i have been trying to say that NO big or small immigration bill will pass anytime soon and this will lead to EB2 retrogration which will be going against the statement which all you people like to say that is that EB2wil become current and EB3 will get better later so do not rock the boat
    And yes i choose not to donate and participate because on principle

    There already exists an very small, unsuccesful org for just EB3 that core is aware of, and they consider IV as their competitors because
    And yes i am sure there are many such organizations which may have been started as competition toIV and are not succesfull. Now if i was a fool i would go down the same path but i am not and i have realized that IV is the only vehcial of change. Now when IV tends to speak of EB retrogression they are sepaking on my behalf and when they are doing something on my behalf and if i feel what ever is being done is being determintal to my GC case am i not supposed to even ask IV.

    So let me get this straight you are using my GC case as a reference in your charter and i have no say in what you do with my case. I wish i had a lawyer to back me up on this. Just Kidding!

    1. They do not understand and know nothing of how IV works (just like plainspeak)
    2. They want to get donations and members away from IV and make money
    Hey keep your money to yourselves i do not want your money. Hey if things pan out i might even start contributing to IV.

    These statements give her away. This is what they do try to pressurize IV
    You guys are so pathetic and lame. Do you think anyone needs a plan to scare you guys. All i did was start and email thread which had nothing scary, no abuse, no threats only a request for discussion and also and understanding that things may not work out and with all this 3/4th of you guys are running around scared like headless chickens and using abuse and threat.

    So take my word for it. You guys are a bunch of scardy cats. I am surprised how you do lobyying. Must be some realy tough guys and gals in the core team otherwise you guys would have destroyed IV by now. Please do not try to get into core and destroy it, they are doing a good job without you knee jerk reactionist spoiling it for them

    The other posts were just a diversion to show you are not completely rogue. You just have a single agenda - to promote your organization

    Do you think some one would go to all this length of providing helpful posts and do all the drege work all to just convince you. Please do not think so high about yourselves. As i said before to scare you all i need to do is write one post and that is not my strength that is you guys weakness whcih is on display here.
    And what single agenda and organization are you talking about as far as i am comcerned there is only one organzation for EB Retrogression relief and that is IV
    All my other posts are genuine and they have been written because in some cases i genuenly fell the need to speak up seeing how you guys shoot down anything rElated to EB3 without seing the merits and pros and cons of it and in some cases i felt i could share info with someone who was looking for some answers whcih should have been answered by you guys but all of you were busy abusing my other posts. Actually i takethat back there were some other people from iV who repliesd back so sorry about that.

    Why is it so hard to understand that this is a genuine person with a genuine query not some anti imigrant or competitor to IV. You guys are like the CID in Mash 4077 (google that if you want calrification) who see enemies of the country everywhere and are paraniod about everyone.





    MYGC2008
    09-23 05:50 PM
    By Looking into Data provided, INDIA EB2 should get more Visa this year.

    Look at the Data for EB2 CHINA
    for 2004 it is 123 and for 2005 it is 4100.

    If the Cutoff Dates does not move for China/India ,How they going to use spillover visas?
    This is really interesting
    Since EB1 is Current and Rest all Eb2(except CHINA/INDIA) are current. This time there will be huge spillover.