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  • Legal
    07-23 10:20 PM
    Thanks !! I had a quick question ..the rules for the spillover, is that a law or does that depend on USCIS or DOS ?
    In other words can they change the rules for spillover once again ..say next year ?
    I still feel there is small hope for EB3-ww and maybe even EB3-I ...majority of the EB2 cases were filed during july fiasco ..what if they have not been processed yet ? i.e. they will keep moving the dates fwd till it becomes current (if that still does not use up the visas) ..then they would move EB3-ww dates fwd ..once again this is wishing and dreaming :)

    For USCIS, 2007 was "let's reduce some backlog in EB3-category" year.
    It looks like 2008 is " let's reduce some backlog in EB2-category" year.
    On both occassions they hid their plans in right in front of us, and said "gotcha" to every one- AILA, IV prognosticators and Ron Gotchers of this world.

    I doubt USCIS will openly Re-revise the horizontal spill over policy. If they do that they may be challenged again forcing them to Re-Re-revise which will make them look even more stupider than they do now.

    There are other means by which USCIS can deliver justice- mafia style- but within the current law. They need additional help from DOS,DOL, etc.

    examples- (1) Generally sit on EB-2 adjudications, delay them and say there are unused EB2 numbers and allow them to spill over to EB-3

    (2) Clamp down even further on PERM - stretch it from 8 months to 36 months for every applicant including EB2-ROW, make even more unused numbers available to clear backlogs.


    p.s
    I do not harbor any ill-will towards ROW or any other category. I honestly think above things are possible. :)





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  • bfadlia
    02-19 02:20 PM
    You are a racist b* who just thinks about yourself and you have been planted here by other camp. U must have come out of some gutter country where democracy has no meaning and you don't know meaning of majority. You are favoring an agenda because it is good for you today. get the hell of this website. You don't belong here you racist bigot. May be we will need to track your ip address and throw you from here at some point of time.You hate Indians and Chinese and come back to IV where we have majority. This is not going to happen.

    x: you are making idiotic arguments
    y: if you think indians and chinese are idiots then you need to leave IV

    please don't stop. your posts speak volumes on ur amazing mentality. i'm still amused.
    i have no problem listening to all that a* b* f* vocabulary, it only reflects on ur maturity, but there is a serious problem when someone continuously tries to drag race into a discussion that does not relate to it.. then in his childish tantrums decides to speak on IV's behalf.. people should be advised to stop doing that.





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  • TeddyKoochu
    09-15 04:13 PM
    with everyone worried abt the economy and health reforms.. Immigration reforms are toast this year.

    While we must pursue the overall reforms,

    i suggest that we also seek temporary relief seeking lifting of the ban on filing for 485 for the next 2-3 months... this will help most EB3 and EB2 (I/C/) who missed the 2007 window.

    What are the chances of such a relief being provided?
    Will a mail campaign work?..plz raise your hand if you are interested..;)

    Yes this is much needed temporary relief, Iam for it if it comes by. I raise my hand!





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  • gchandu
    09-16 04:43 PM
    Hi

    I am on H1B and have my visa valid till Sep 30 2008, my wife and son also has H4 visas till Sep 30 2008.
    I applied for my H1 & H4 extensions, received the receipt notices from NSC and our case are pending.
    Now We are travelling to India on 7th Aug 2008 and return on 11th Sep 2008 about 19 days prior to our initial H1 / H4 visa stamps.
    Should I need to do an amendment to my pending H1/H4 if they get approved while I was in India? If the extention cases wont approve even after I come back to US , do I still need an amendment when it gets approved.
    Please suggest a best possible way
    Thanks
    Gangadhar

    Hi
    Please advise me. I came back to US on 11th Sep 2008 on my valid H1 visa and got new I-94 valid till Oct 10 2008. But my H1 extention got approved on 10th Sep 2006 a day before i arrived here in USA. Now my attorney is saying that I am required to do an amendment.

    Is this an easy process ? How much will it cost



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  • kaisersose
    02-13 01:20 PM
    WDude, Googler, I am not against removing per country limits. But we need to have a cool head, think straight, objective and use facts. I just think it will be next to impossible to change the INA to remove those quotas so it's better to concentrate efforts on 1) visa recapture; 2) EB quota increase. Visas were lost mostly because of NC issue.

    I think visa recapture is the most likely bet. There is really no reason why anyone would think twice about it.

    EB Quota increase is next to impossible. The word "increase" will have many people tune out which will also affect any bundled propositions. One way to avoid this problem is to avoid using the word "increase"; by asking to not count family numbers in the EB quota or to count them in the FB quota. That will result in a huge increase in EB Quota without directly calling it quota increase.

    The other provision of allowing 485 applications without current PDs is a bad idea in my opinion. Anyone who enters the country will be eligible for AC21 in 8 months which is about 80% of a GC. Such a provision will result in huge abuse like the L visa and/or Labor substitution.





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  • illusions
    05-01 06:45 PM
    As a fellow Sri Lankan and a member here at IV, i'd request u guys stop posting opinions and views here on a Immigration Forum.

    I'd like to request that the Admin to please close this thread as it is irrelevant to Immigration. If any of you would like to discuss politics then please do so in another forum that is meant purely for that purpose.

    Some have written some harsh remarks about SL, without even knowing the facts, i for one take some of them personally.

    I'm not here to say that i agree / disapprove anything that any of you have said, i'm just saying that there is a place to discuss these issues and i'm sure the Admins here also agree that this is not the place for politics.

    Appreciate you consideration.



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  • saimrathi
    07-03 06:58 PM
    On 7/3/07, Senator_Clinton@clinton.senate.gov <Senator_Clinton@clinton.senate.gov> wrote:

    Dear Friend:

    Thank you for taking the time to share your thoughts and concerns with me
    via e-mail. I hope you will understand that, because of the volume of
    e-mails I receive from residents of New York State, I cannot at this time
    respond to messages received from residents of other states. I encourage
    you to contact your U.S. senators if you have an issue or concern that
    needs immediate attention. You can access your senators electronically by
    visiting http://www.senate.gov/contacting/index_by_state.cfm for a listing
    of their contact information. If you are still interested in learning
    more about the work I am doing on behalf of New York State, I hope you
    will continue to monitor my work through my website at
    http://clinton.senate.gov.

    Sincerely,

    Senator Hillary Rodham Clinton
    New York State





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  • snram4
    01-15 06:28 PM
    That is true. No one knows the impact of outsourcing. Because no public data is available unlike H1b or L1. If american public gets exact data about outsourcing then they will oppose that also and goverment has to act. But there is no legal binding for Government or Corporations to give data about outsourcing. Some time back most manufacturing went silently out of USA and when people started realizing it was too late to act. But relaxing immigration will not prevent outsourcing as everything is based on cost

    Whether you like it or not...they cannot save the job by restricting the H1/L1B... simply the job will fly to offshore. First they need to fix the GC black hole� stop harassing people before they are enforcing the rules. Then no one needs to work for consultants



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  • samay
    08-03 07:21 PM
    Hi Samay,

    We would really appreciate if you could provide your inputs on our case.

    My wife came to usa on H4, and transferred to H1 in 2006 to work for a desi consultancy.

    Recently she took a full-time position with a fortune 500 company. Her H1 transferred to new company without any problem.

    We would like to appear for her first time H1b stamping at Vancouver during next month. We have some concerns regarding the following issues. Any inputs are highly appreciated.

    She graduated in India and worked for an IT company in India for 2.5 years before coming to USA. Can she appear for visa interview in canada, though she does not have degree from USA.

    Her H1 started on Oct 1st,2006. But she did not find a job until Mid November during the first year. Her employer is not willing to put the start date on work experience letter as Oct 1st, rather on both offer letter and work experience letter the start date has been mentioned as Mid Nov. Will this discrepancy in H1b start date and offer letter start date would be a problem during stamping?

    She has some intermittent large gap in work experience due to the pregnancy. Thus, she has significantly smaller wages (50% less)on w-2 compared to offer letter during second year. But the work experience from previous letter does not state any gaps in work experience. Will the VO would ask for any additional details regarding the wage difference.

    Also, there is a gap of 15 days between the last date on previous employers work experiene and new job start date, and the same can be found from the letters from different employers.

    After she changed to full-time, she has all the required docuemntation for H1B stamping.

    We would like to know the severities of these concerns and suggestions to overcome the same.

    I have a few questions:

    Was she working part time during her pregnancy if so was an amended H1 B application filed for her. Also were the wages she was paid less than what were mention on her LCA.





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  • grupak
    02-15 01:07 PM
    You guys keep saying diversity is a FB immigration problem only not EB, hence no cap needed in EB.
    REALLY? Is it a coincidence that a desi company owner will usually have 99% of his emploees Indian? Thinking that employment depends only on skills is not realistic. A lot of the networking based on national origin interferes with how at least H1 jobs are landed here. So there is a reason to have rules preventing a monopoly.

    Cheers.

    Guys give it a rest. We are here to solve the backlog for all EB, and most effected are from a few countries. So unless the total number is increased by orders of magnitude, the pragmatic solution is what IV advocates. And IV is working to help everyone.

    If there is fraud or some other problem in the H1B program, let the USCIS do the policing.



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  • vamsi_poondla
    05-13 10:21 AM
    Tamil problem is true, relevant and has to be solved within the framework of SL Constitution with all moderate SL Tamil parties sitting across the table.

    If Tamil issue == LTTE, no Indian would support (and a significant majority of SL Tamils themselves will not support). Every single LTTE member has to be brought to the court if possible or they should perish in the war. However noble their intention was, their means is called Terrorism, which any civil person should oppose. Now don't draw any arguments about Black July or Sinhalese Only policy of 1960s. I know that and that is what is reflected in the paragraph 1 above.

    And dont get hyper if you see TN politicians making ruffle. They already proved that they have no brain. Just want your votes and they know how to provoke. Otherwise offensive started long back and with the same arms approved by Indian Cabinet in which many TN parties are members of.





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  • fide_champ
    08-17 01:59 PM
    Due respect Chanduv23 - I believe there are a million and more who've done better and fought tougher battles. I'd think some of them are here on this very forum. I may not have had an opportunity to grow up in India - however, I'm pretty sure - in fact quite certain, the sort of b'wood trash dished out, is nothing representative of Indian culture and ways of life. Most of the stuff encourages ills of American pop culture and feels desperate to the point of being foolish wannabees - and you know what's really sad -- that people from a nation with such incredibly history & culture need the feel to ape ills of American pop culture and the likes. As for Shahrook Khan - the man CAN'T act - unless you think some sort of speech disability, lip-synching songs (sung by folks with actual talent) and running around foolish women in skirts is talent and form art?! I wish the admins would remove the silly post from the forum.

    It doesn't matter. The topic is about what the immigration officers are doing to the innocent civilians. In this case it happened to be SRK who everyone knows but it is happening to everybody. Just because his last name spelled as khan, can they interrogate every khan in this world?



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  • garybanz
    12-14 02:15 PM
    Federal Equal Employment Opportunity (EEO) Laws

    The Federal laws prohibiting job discrimination are:

    Title VII of the Civil Rights Act of 1964 (Title VII), which prohibits employment discrimination based on race, color, religion, sex, or national origin;

    the Equal Pay Act of 1963 (EPA), which protects men and women who perform substantially equal work in the same establishment from sex-based wage discrimination;

    the Age Discrimination in Employment Act of 1967 (ADEA), which protects individuals who are 40 years of age or older;

    Title I and Title V of the Americans with Disabilities Act of 1990 (ADA), which prohibit employment discrimination against qualified individuals with disabilities in the private sector, and in state and local governments;

    Sections 501 and 505 of the Rehabilitation Act of 1973, which prohibit discrimination against qualified individuals with disabilities who work in the federal government;

    and

    the Civil Rights Act of 1991, which, among other things, provides monetary damages in cases of intentional employment discrimination.

    If no one (including the Govt.) is allowed to discriminate based on national origin then how can the Govt. discriminate on EB Emigration based on national origin ?

    I think this is a fair question and most Americans in my work place agree with me. I don't know if we will win the case or not but if we win we can get

    1) Removal of country based quotas
    2) recapture of Visa's lost due to country based quotas

    If we lose the case we will at least get more attention of the national media, it's up to us how we manage the media attention and have a positive effect on the popularity of our cause.

    IMHO taking the opinion of the best attorney on constitutional law can not hurt. :)





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  • GC_sufferer
    07-03 09:27 PM
    We should ask Congress to postpone the July 30th fee increase while it studies how USCIS can function year round with the same efficiency that it showed in the last two weeks of June.



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  • garybanz
    12-14 05:49 PM
    I am in.

    Thank you BharatPremi.


    All,
    Please respond to this post and let us know if you support us.

    Thanks.



    All,

    I think we have spent enough time discussing this, please respond to this post if you are willing to share the cost of taking this discussion to a top Constitutional attorney. (just the cost of initial discussion...not the actual case)

    Also if some one can point me in the right direction on finding the right attorney for this question then I'll really appreciate it.

    Thanks."





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  • rockstart
    07-08 12:52 PM
    How should one answer Immigration Officer at POE "Are you working for your GC sponsoring Employer?" in case one has used AC-21 and moved to a same or similar job position in other company.



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  • hebbar77
    09-03 11:26 AM
    after death, for people to say good stuff, one needs to be good during life!





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  • sledge_hammer
    01-14 02:01 PM
    A vrey very valid point!

    don't you think. AC21 (the famous Yates Memo) is also a memo. People expect USCIS to follow it though.... :o





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  • minimalist
    05-11 10:23 PM
    As a person you are offended that I made comment based on what you said in one post without considering your whole lifestory. India's history is out there for everybody to see and most educated indians know pretty well what kind of a nation India is.
    However, you managed to compare India with Nazi Germany. Great job. Based on 1 incident, you managed to slam a great nation like India. But when it comes to you you want many factors considered. Why the double standard?

    Then there are some wacko job politician from TN that says if Prabhakaran is hurt , they will separate from India. All they need is read back to early years of post independence India and a person named Vallabh Bhai Patel. There are still people with similar capacity in India, that will bring such wacko jobs and their supporters in control.

    Remember, same goes true for the wacko jobs from Maharashtra too who say Maharashtra is for Marathi's.

    Don't compare 1971 Bangladesh with current day Srilanka, if you can think straight.

    Flag burnig is a criminal offense in India, just FYI.

    Technically I can change my country of citizenship any number of times in my life (cannot, if struck like this GC limbo) or even religion but I cannot change my ethnicity even once because I'm born into it.

    I agree Sri Lanka is a sovereign country but why did India poke its nose on the pre-1971 Pakistan and created a new country Bangladesh. Is there a different standard for different people with the Indian govt policies?

    Even If I had not got the opportunity to come this great nation United States of America, land of free and country of brave, I would have done whatever I could in India to help the beleaguered Sri Lankan Tamils and protested against the policies of Govt of India toward this issue.

    I�m upfront about showing my resentment towards my country of birth and I �don�t show false patriotism/nationalism towards India like other Pseudo-Nationalists, who internally betray India at any moment and ready to change their nationality at the next opportunity but externally portray that they are the guardian of India and it is their soul. I currently live in a country, where even burning the national flag is considered a form of protest, if someone thinks that expressing resentment to India or protesting against her policy is unpatriotic, grow up guys.

    You can say whatever you want and judge me in your point of view, I�m not going to argue about it because you don�t live a life of a Indian Tamil with hands tied of being called a terrorist, when you support Sri Lankan Tamil cause, and you cannot understand the relationship we (Tamils from India) have with the Sri Lankan Tamils, besides the people (including small babies and even some in the womb), who are getting killed in Sri Lanka by the Sri Lankan government are not your kith and kin.



    You don�t know me, and you don�t know what positive things me and my family has done and doing to the people of India, particularly to the farming community and you don�t know what I�m doing to rectifying issues (whatever I�m working on)�..you should be careful when making these kind of statements on person you don�t know anything about except one comment on this thread.





    Macaca
    01-13 08:19 PM
    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 is done by the executive branch.

    Matloff and Hira (via dustbin and grassley as part of curry bill) have been trying to do this legislatively.

    Why are they still trying legislatively (as part of CIR 2010) if it can be done by USCIS?

    Why wait so long? Is it Obama's gift? to curry?





    BharatPremi
    07-11 12:42 PM
    The thing is - people are crazy about USA, no matter what - so if you leave someone else will come - thats the attitude here. Exploitation to the core. The way America was built is by slavery. America became such a great country only because of slavery. There were moments in past where people revolted and found liberty - and we are all on that path. Look at the Black civil rights moment etc.

    Chanduv23,

    Even that Angelina seemed to be crazy about USA. If S/he would be happy about everything in Canada why the hell s/he even visit immigration related boards meant for USA?



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