soma
02-15 08:30 AM
Very well said & I just feel the same...I have already lost hope on this GC and can not predict how long its going to take but for sure before I leave this place and go back to home country I will contribute my best of share in this fight for justice and full support...count me in with out any doubt!!
If at all anything would work for recapturing of visas, its going to be lawsuit. There are already 155 ppl supporting lawsuit and saw ppl in are also thinking of lawsuit. I am sure there will be many more to support lawsuit. If we don't try for recapturing of visa nos, India EB2 ppl will be stuck forever, even for ppl with earlier PDs (2001-2003) it won't be before 2010 or 2011 that they would get their GC.
I am a CP case(EB2 india, PD dec 2002, my case is stuck in mumbai consulate), so maybe I can't be a petitioner in the case, but beyond that in regards of monetary support, helping in research etc, count me in.
If at all anything would work for recapturing of visas, its going to be lawsuit. There are already 155 ppl supporting lawsuit and saw ppl in are also thinking of lawsuit. I am sure there will be many more to support lawsuit. If we don't try for recapturing of visa nos, India EB2 ppl will be stuck forever, even for ppl with earlier PDs (2001-2003) it won't be before 2010 or 2011 that they would get their GC.
I am a CP case(EB2 india, PD dec 2002, my case is stuck in mumbai consulate), so maybe I can't be a petitioner in the case, but beyond that in regards of monetary support, helping in research etc, count me in.
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NKR
02-16 02:26 PM
I beleive Kuhelica and bfadlia have been planted by anti-immigrants to spread poison and hate in people's mind. looking at the number of posts they have posted, it seems like they are new members who are out there to sabotage the reforms that we have been talking about.
We do not have to spend our energy and time answering each and every post of theirs. they do not deserve our time nor they are intelligent enough to rationalise.
I and a couple of us have been repeatedly telling that we do not want ROW people to be affected nor we want country quota to be removed, but they have been targetting our race, our country, it has jealously writ all over... Just ignore them and move on. the more forward we move the more backward they stay..
We do not have to spend our energy and time answering each and every post of theirs. they do not deserve our time nor they are intelligent enough to rationalise.
I and a couple of us have been repeatedly telling that we do not want ROW people to be affected nor we want country quota to be removed, but they have been targetting our race, our country, it has jealously writ all over... Just ignore them and move on. the more forward we move the more backward they stay..
alisa
02-13 08:05 AM
This is great!!!
All my Indian friends who were fighting with me over the (1 or 2) unused EB-2 visas from ROW, well, you can have them my friends. I ain't getting any of them anyway.
All my Indian friends who were fighting with me over the (1 or 2) unused EB-2 visas from ROW, well, you can have them my friends. I ain't getting any of them anyway.
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msp1976
02-19 08:13 AM
EB2 Ind & Chi.. if dates dont move for April (new calendar quarter), we better start donating too
To anyone sitting on the fence, waiting for X event to occur so that they would donate to IV.......
There is no great utopia waiting for you in April.....
Read this whole thread again please......
Now is the time to contribute money, a little bit of your time, a little effort to contact your lawmakers....
You better start 'Contributing' NOW
This is the time window for action...
To anyone sitting on the fence, waiting for X event to occur so that they would donate to IV.......
There is no great utopia waiting for you in April.....
Read this whole thread again please......
Now is the time to contribute money, a little bit of your time, a little effort to contact your lawmakers....
You better start 'Contributing' NOW
This is the time window for action...
more...
BharatPremi
12-14 04:01 PM
To summarize the discussions on this thread:
Yes, it is 7 % for all countries.
Now it is manifestly obvious that the 7 % figure is arbitrary, and not fair. That much we can all agree on.
The real question, as raised in the first post of the thread by soljabhai is:
(A) Is that constitutional?
(B) (And this is the real question): If it is, what should we do about it?
Intelligent questions, both.
The answer to (A) is not clear. We need a competent constitutional expert to opine on the matter.
For (B), (which is what the thread is really all about), there are lively discussions with differing views.
lazycis has presented good evidence that the case is not cut and dried legally. It might be unfair, but those are the laws.
mbartosik, alterego, me and others have argued (from different angles) in terms of pragmatism. (Cost is not worth the benefit)
garybanz, soljabhai, and others have argued that it is worth it (Cost is worth the benefit).
Anyway, agree or disagree, its an interesting thread with interesting posts..
Addition to this:
--------------
- "7% limit" is not discriminative to "Any country" AND "Restrictive" especially
to the countries from where maximum flow of labor comes.
- When industry demands high number of labor and in the situation of getting majority of this labor from particular
countries only ,since the available labor force in other countries does not match the demand for one or other reason,
then this restriction becomes SENSELESS and useless in all its practical terms and limits.
- "Country of origin based limit" "smells" (In Mark's language..:))
discriminative when employment always have to be related with "skill" AND
THAT IS A ETHICAL OR MORAL PROBLEM
Yes, it is 7 % for all countries.
Now it is manifestly obvious that the 7 % figure is arbitrary, and not fair. That much we can all agree on.
The real question, as raised in the first post of the thread by soljabhai is:
(A) Is that constitutional?
(B) (And this is the real question): If it is, what should we do about it?
Intelligent questions, both.
The answer to (A) is not clear. We need a competent constitutional expert to opine on the matter.
For (B), (which is what the thread is really all about), there are lively discussions with differing views.
lazycis has presented good evidence that the case is not cut and dried legally. It might be unfair, but those are the laws.
mbartosik, alterego, me and others have argued (from different angles) in terms of pragmatism. (Cost is not worth the benefit)
garybanz, soljabhai, and others have argued that it is worth it (Cost is worth the benefit).
Anyway, agree or disagree, its an interesting thread with interesting posts..
Addition to this:
--------------
- "7% limit" is not discriminative to "Any country" AND "Restrictive" especially
to the countries from where maximum flow of labor comes.
- When industry demands high number of labor and in the situation of getting majority of this labor from particular
countries only ,since the available labor force in other countries does not match the demand for one or other reason,
then this restriction becomes SENSELESS and useless in all its practical terms and limits.
- "Country of origin based limit" "smells" (In Mark's language..:))
discriminative when employment always have to be related with "skill" AND
THAT IS A ETHICAL OR MORAL PROBLEM
GCHope2011
01-14 02:49 PM
My friend gcdream 2001 please read through the whole article and understand that there is some action which needs to take place before i even open my mouth about any ideas.
BTW the negentive count is now 3500.
Sorry lady - enough of your billowing hot air - you have wasted enough people's time (including mine). If you have anything worth sharing you are free to do so - but I am not holding my breath for it.
And of course, you can continue to be in your delusional world. You certainly have not demonstrated any credibility to be asking people to meet any "conditions" whatsoever.
BTW the negentive count is now 3500.
Sorry lady - enough of your billowing hot air - you have wasted enough people's time (including mine). If you have anything worth sharing you are free to do so - but I am not holding my breath for it.
And of course, you can continue to be in your delusional world. You certainly have not demonstrated any credibility to be asking people to meet any "conditions" whatsoever.
more...
ash27
05-29 12:35 AM
I've met couple of guys who came on L1 and have filed GC in EB1. they are simply project managers and exploited this loop hole... I'd raised this issue earlier but was scoffed stating that I would have done the same if I would have been at their place...Felt like slapping the guy who made this stupid comment.
Given that we have played by the rules, lets prevent any kind of fraud to make sure that there is FIFO.....
Given that we have played by the rules, lets prevent any kind of fraud to make sure that there is FIFO.....
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desibechara
10-09 03:48 PM
hi:
But is it possible to continue to work on TN1 Visa and change jobs and not apply for the GC? Can one continue to do that?
db
But is it possible to continue to work on TN1 Visa and change jobs and not apply for the GC? Can one continue to do that?
db
more...
sumitpendharkar
06-27 03:38 PM
I just spoke with a paralegal at Fragomen and she assured even if USCIS issues a bulletin mid-month and retrogresses the dates, they wont be effective until Aug 1. So one could file AOS until July 31. This seems to contradict earlier response to visves's question.
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Macaca
07-04 08:49 AM
Chanduv thanks for your efforts. A correction: retrogression started in fall of 2004
I think its is Oct 1, 2005. Please verify!
I think its is Oct 1, 2005. Please verify!
more...
hiralal
05-30 11:25 PM
we are listening to new ideas/suggestions by all members, you don't have to be acrimonious in your response.
Please learn to tolerate others. Everybody deserves a fair chance to be heard.
Belmontboy ..Thanks for the same ..as I said earlier any campaign should highlight the positive aspects of legal immigration ..fighting over EB1 misuse is not going to help. I am a prospective home buyer and in the last few months, I met 8 buyer / seller agents ..they are literally sweating for any business ...at the very least let us show the positive contribution that immigrants have for the housing and other related economy (which is massive in terms of $$$$$). I am sure everyone will agree that this is better than fighting over EB1 misuse and fighting amongst ourselves
Please learn to tolerate others. Everybody deserves a fair chance to be heard.
Belmontboy ..Thanks for the same ..as I said earlier any campaign should highlight the positive aspects of legal immigration ..fighting over EB1 misuse is not going to help. I am a prospective home buyer and in the last few months, I met 8 buyer / seller agents ..they are literally sweating for any business ...at the very least let us show the positive contribution that immigrants have for the housing and other related economy (which is massive in terms of $$$$$). I am sure everyone will agree that this is better than fighting over EB1 misuse and fighting amongst ourselves
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sundarpn
01-13 04:13 PM
All is well :)
Is this already passed or is it something they are comtemplating?
Is this already passed or is it something they are comtemplating?
more...
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gc4me
03-28 02:37 PM
Looks like we have 45 days after the rule goes in effect. Please read the following text.
Will you please tell us which text you are refering to?
(b) Expiration of labor certifications. For certifications
resulting from applications filed under this regulation and the
regulation in effect prior to March 28, 2005:
(1) An approved permanent labor certification granted on or after
[effective date of the final rule] expires if not filed in support of a
petition with the Department of Homeland Security within 45 calendar
days of the date the Department of Labor granted the certification.
(2) An approved permanent labor certification granted before
[effective date of the final rule] expires if not filed in support of a
petition with the Department of Homeland Security within 45 calendar
days of [effective date of the final rule].
(c) Scope of validity. For certifications resulting from
applications filed under this regulation and the regulation in effect
prior to March 28, 2005:
(1) A permanent labor certification for a Schedule A occupation or
sheepherders is valid only for the occupation set forth on the
Application for Alien Employment Certification (ETA Form 750) or the
Application for Permanent Employment Certification (ETA Form 9089) and
only for the alien named on the original application, unless a
substitution was approved prior to [effective date of the final rule].
The certification is valid throughout the United States unless the
certification contains a geographic limitation.
(2) A permanent labor certification involving a specific job offer
is valid only for the particular job opportunity, the alien named on
the original application (unless a substitution was approved prior to
[effective date of the final rule]), and the area of intended
employment stated on the Application for Alien Employment Certification
(ETA Form 750) or the Application for Permanent Employment
Certification (ETA Form 9089).
Sure http://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/06-1248.htm
Will you please tell us which text you are refering to?
(b) Expiration of labor certifications. For certifications
resulting from applications filed under this regulation and the
regulation in effect prior to March 28, 2005:
(1) An approved permanent labor certification granted on or after
[effective date of the final rule] expires if not filed in support of a
petition with the Department of Homeland Security within 45 calendar
days of the date the Department of Labor granted the certification.
(2) An approved permanent labor certification granted before
[effective date of the final rule] expires if not filed in support of a
petition with the Department of Homeland Security within 45 calendar
days of [effective date of the final rule].
(c) Scope of validity. For certifications resulting from
applications filed under this regulation and the regulation in effect
prior to March 28, 2005:
(1) A permanent labor certification for a Schedule A occupation or
sheepherders is valid only for the occupation set forth on the
Application for Alien Employment Certification (ETA Form 750) or the
Application for Permanent Employment Certification (ETA Form 9089) and
only for the alien named on the original application, unless a
substitution was approved prior to [effective date of the final rule].
The certification is valid throughout the United States unless the
certification contains a geographic limitation.
(2) A permanent labor certification involving a specific job offer
is valid only for the particular job opportunity, the alien named on
the original application (unless a substitution was approved prior to
[effective date of the final rule]), and the area of intended
employment stated on the Application for Alien Employment Certification
(ETA Form 750) or the Application for Permanent Employment
Certification (ETA Form 9089).
Sure http://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/06-1248.htm
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Lisap
02-12 01:19 PM
Whether unused visa in EB-3 Row will go to EB3 India?
I am a little unclear on all of the retrogression ect. But can someone please explain how EB3 ROW can be retrogressed and not use all of the visa numbers in a year? That doesnt even make sense to me? Would someone please shed some light?
I am a little unclear on all of the retrogression ect. But can someone please explain how EB3 ROW can be retrogressed and not use all of the visa numbers in a year? That doesnt even make sense to me? Would someone please shed some light?
more...
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GotGC??
05-17 06:30 PM
Or did you mean the other way around?
I personally know of 2 friends - live within half a mile of where I do, who got their GCs using labor substitution. If the lawyer and sponsoring company are good, go for it. Keep in mind that this is going to go away soon.........
I personally know of 2 friends - live within half a mile of where I do, who got their GCs using labor substitution. If the lawyer and sponsoring company are good, go for it. Keep in mind that this is going to go away soon.........
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ramus
07-04 08:56 AM
Good morning..
Please put your updated post..
I am very glad to see every member is bringing so much energy here.
Others: Please scan and go through 100 pages of our breaking news thread and come up with issues.. Be very specific as lengthy post could cause confusion.
Macaca thanks again..
Firstly, we need to identify all issues as bullet points. This is the outline/skelton. Then, we choose words to express the bullet points.
These issues were mentioned in the 100 page other thread. Please scan it and post all issues in this thread. I will keep adding them to my original post. Check the time updated on that post to make sure that I have included your issue.
Since Zoe Lofgren is also saying that it may be illegal, looks like it may be illegal. Zoe worked in USCIS before.
Just woke up. Good Morning!
Please put your updated post..
I am very glad to see every member is bringing so much energy here.
Others: Please scan and go through 100 pages of our breaking news thread and come up with issues.. Be very specific as lengthy post could cause confusion.
Macaca thanks again..
Firstly, we need to identify all issues as bullet points. This is the outline/skelton. Then, we choose words to express the bullet points.
These issues were mentioned in the 100 page other thread. Please scan it and post all issues in this thread. I will keep adding them to my original post. Check the time updated on that post to make sure that I have included your issue.
Since Zoe Lofgren is also saying that it may be illegal, looks like it may be illegal. Zoe worked in USCIS before.
Just woke up. Good Morning!
more...
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thomachan72
03-27 03:14 PM
Indian democracy can throw many surprises
I think UPA will get 273 and if that's the case then MMS
If NDA get's 273 (which is highly unlikely) then Advani (no Modi...otherwise also Modi's communal qualifications are pretty widespread outside of Gujarat). I like the guy but seriously PM of India and CM of Gujarat are 2 different things.
And if Third front comes to power (they just need around 200 as once they get 200 there will be breakaway groups from UPA and NDA so they can touch 273)
then we will see real democracy (read lust for power)
First 6 month Mayawati >> Followed by Jayalalita / SASIKALA for 6 months >> Followed by some one from LEFT (comorades work in groups..not sure who will be graced by politburo)
Above cycle will be repetitive >> and Govt will collapse when Mayawati will complete her second 6 months Tenure.
Just added something you forgot:D
I think UPA will get 273 and if that's the case then MMS
If NDA get's 273 (which is highly unlikely) then Advani (no Modi...otherwise also Modi's communal qualifications are pretty widespread outside of Gujarat). I like the guy but seriously PM of India and CM of Gujarat are 2 different things.
And if Third front comes to power (they just need around 200 as once they get 200 there will be breakaway groups from UPA and NDA so they can touch 273)
then we will see real democracy (read lust for power)
First 6 month Mayawati >> Followed by Jayalalita / SASIKALA for 6 months >> Followed by some one from LEFT (comorades work in groups..not sure who will be graced by politburo)
Above cycle will be repetitive >> and Govt will collapse when Mayawati will complete her second 6 months Tenure.
Just added something you forgot:D
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Lasantha
12-14 05:35 PM
Well, you are the one who asked me that question. I can't help it if you didn't like my answer.
And if you don't like other views please don't waste your time by responding to them.
As for your last question, if I have anything more to add, I will do that if and when I feel like it. I don't think I need your permission to do that. (At least I think I don't. Correct me if I am wrong though). :cool:
Hasta la vista Baby!
Either you are kidding or wasting everybody's time. This thread is all about "investigating constituionality and effects of "Per country limit" . Nobody is saying, repeat, nobody here is saying that OTHER AGENDAS defined by IV should not be pursued or will not be pursued. Do you have anything to add about "Per country limit?
And if you don't like other views please don't waste your time by responding to them.
As for your last question, if I have anything more to add, I will do that if and when I feel like it. I don't think I need your permission to do that. (At least I think I don't. Correct me if I am wrong though). :cool:
Hasta la vista Baby!
Either you are kidding or wasting everybody's time. This thread is all about "investigating constituionality and effects of "Per country limit" . Nobody is saying, repeat, nobody here is saying that OTHER AGENDAS defined by IV should not be pursued or will not be pursued. Do you have anything to add about "Per country limit?
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snathan
03-29 08:35 PM
Thank you for your personal opinion. India was doing well when Vajpayee was PM. He is not some management honcho. It is a vision of the person that is more important. Manmohan is a learned man and has provided country with real good service but real power rests with Sonia and her son Rahul.
Hence. Its a question of ideology in the long run and given my background, BJP govt suits me better than Congress. So I prefer Advani over Sonia.
I am not sure what vision Mr.Advani has for India. May be at this age he might have better vision than other people in the same league.
Hence. Its a question of ideology in the long run and given my background, BJP govt suits me better than Congress. So I prefer Advani over Sonia.
I am not sure what vision Mr.Advani has for India. May be at this age he might have better vision than other people in the same league.
sameer2730
06-16 02:14 PM
Guys,
Please stop responding to Dilip. He is feeding of our frustrations. If he was still retrogressed he would be singing a different tune but never mind. Every response we give him makes him feel pleasure at our plight. To tell you the truth our plight is not bad. We just like to think it is. We have AC21 option. Remember when you could not file I485 how much you coveted that one option. If the employer withdraws I-140 and we have to file MTR so be it. People come out of it unscathed. It is still a low probability event. Take the bull by the horns and you will come out stronger. Even when you get your GC life's problems will not go away. We still have to fight for a better job, better pay, better quality of living and then we will not have the excuses we have now (Thats how Dilips of the USA are made).
So lets take pride in ourself, use our options wisely and ignore people like Dilip. He is just pampering him shattered pride by telling himself we cannot get the salary he wants due to H1b , outsourcing .... . He is not worth it.
Please stop responding to Dilip. He is feeding of our frustrations. If he was still retrogressed he would be singing a different tune but never mind. Every response we give him makes him feel pleasure at our plight. To tell you the truth our plight is not bad. We just like to think it is. We have AC21 option. Remember when you could not file I485 how much you coveted that one option. If the employer withdraws I-140 and we have to file MTR so be it. People come out of it unscathed. It is still a low probability event. Take the bull by the horns and you will come out stronger. Even when you get your GC life's problems will not go away. We still have to fight for a better job, better pay, better quality of living and then we will not have the excuses we have now (Thats how Dilips of the USA are made).
So lets take pride in ourself, use our options wisely and ignore people like Dilip. He is just pampering him shattered pride by telling himself we cannot get the salary he wants due to H1b , outsourcing .... . He is not worth it.
ArkBird
03-30 02:17 AM
Agreed but consider the other options. Lalu? Mulayam?? Mayawati???
I will have tears of joy in my eyes if BJP get the majority but I know it will never happen... :(
Snathan,Arkbird
Please do understand MMS brought economic reforms when he was finance minister in P.V Narasimha Rao's govt.People thought country would see the same in 2004 when MMS was made PM. But Sonia Gandhi didn't give him that freedom.We didn't see any reforms in these 5 years.
Opting for MMS is like saying I won't take Sonia/Rahul but would take them if they came with a wrapper called MMS. That's what MMS is.
All those voting for MMS in the poll might as well vote for Rahul if you are bent on only congress party for communal/other reasons of your own.
MMS is not even fighting these elections.As per congress party sources Sonia doesn't want to announce Rahul as PM candidate because if congress loses then Rahul has to take the blaim(which will affect his charisma..huh our leaders run not qualifications but charisma and even urban/rural people fall for that).If congress wins MMS will be replaced with Rahul citing health or some other issue within no time.
I can understand rural masses but educated skilled people falling for the tactics of unskilled Sonia is something.No wonder she is going great.
I will have tears of joy in my eyes if BJP get the majority but I know it will never happen... :(
Snathan,Arkbird
Please do understand MMS brought economic reforms when he was finance minister in P.V Narasimha Rao's govt.People thought country would see the same in 2004 when MMS was made PM. But Sonia Gandhi didn't give him that freedom.We didn't see any reforms in these 5 years.
Opting for MMS is like saying I won't take Sonia/Rahul but would take them if they came with a wrapper called MMS. That's what MMS is.
All those voting for MMS in the poll might as well vote for Rahul if you are bent on only congress party for communal/other reasons of your own.
MMS is not even fighting these elections.As per congress party sources Sonia doesn't want to announce Rahul as PM candidate because if congress loses then Rahul has to take the blaim(which will affect his charisma..huh our leaders run not qualifications but charisma and even urban/rural people fall for that).If congress wins MMS will be replaced with Rahul citing health or some other issue within no time.
I can understand rural masses but educated skilled people falling for the tactics of unskilled Sonia is something.No wonder she is going great.