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  • Marphad
    06-08 11:08 AM
    employment based is just one part of the immigration thing. If you think EB immigration is important - there will be thousands of opinions from people who will say why other immigration is also important.

    Actually as per government's official point of view, EB comes on second priority than FB. Family union always comes on first priority.





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  • neoklaus
    02-13 03:05 PM
    Are you suggesting that IV's efforts would increase the wait times for ROW?
    What incentive does ROW have to work with IV then?

    Generally speakin' we are all "Rest of the World".

    Let's not just be theoretic. Our positive thinking and movement together will help resolve the issues.

    Even that I'm here since 2000 & my husband 1999(H1B-ROW) we will wait and fight together with India, China...

    Go, India! Go, China!





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  • okuzmin
    10-05 06:15 AM
    I sent my application to Buffalo early Sep., however, have not received the receipt # yet. My friend told me it only took a couple of weeks for him to get his last year.

    Just wonder how long it is gonna take, thanks for any headsup!

    My experience:

    - sent all documents to Buffalo on 11/21/2005
    - documents were accepted around 12/02/2005 (the payment receipt I got back has this date on it)
    - official case acceptance date on the letter is 12/08/2005
    - the letter arrived around 12/15/2005

    So, about a month for processing and mailing. If there is something missing in the document package, they will send the whole thing back with a letter explaining what else they are looking for. I had that happen to me: the fist time I sent the docs, I didn't provide proof of staying legally in the USA for at least one year. With all processing and mailing it also took about a month.





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  • poorslumdog
    08-19 12:22 AM
    Originally Posted by vinzen
    sorry, I love preaching.

    by the way I was referring to "the guy who thinks americans think he is a slumdog...." not you or everyone. But then again you think that I think that you lead a life lower than average. If you think you agreed with me, instead of calling it obvious being defensive and, just agree with me. OK? And get that chip off your shoulder as well.

    well i think we have solved all our immigration issues, i waish if we all concetrate our efforts on solving our issue, if we all try we have chances of succeeding ...if am surprised that we all are stuck in backlog and only 2-3 % take participate in real issues...not sure what is rest of us waiting for?

    I am sure both the ids are same person...:D



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  • sledge_hammer
    01-14 02:52 PM
    I would argue that Indian consulting biggies saw that they could offer resources to clients at much cheaper rates than offered by American consulting companies. That drove down billing rates for everyone. Also one cannot deny the fact that persons who faked their resumes have contributed to the decline of the quality of talent pool. Don't get me wrong, bad apples existed and thrived in both big and small companies. But the occurences of such misdeed is/was more rampant in body shops. Some examples are the hiring of fresh grads & H4 & other unskilled workers and passing them off as "high skilled resource".

    On the other hand if American consulting companies bill high rates to clients, they are at leat still paying decent wages to their employees. So wages stay at moderate levels. But what This whole tiered employement brought into play was that the actual employee was not getting paid too much but the client would still pay quite a bit, maybe not as much as what an American consulting company would bill. The wages of IT professionals went down.

    Though this memo is reiterating the same rule again, they want to send a message that body shops are hurting the overall balance of the arrangement they had prior to when desi comapnies setup shops, and that they are keen on eliminating this source of imbalance.

    Aren't billing rates the reason why the Indian IT biggies decided to establish business consulting practices? They are offering to bring the same employee that a PWC or Accenture brings in, but at a lower rate to the client.
    The quality difference is also not huge (one lisps better in English and another doesn't); there's junk everywhere and these big IT companies also hire people at minimum H-1B wage to improve margins. Lot of times you get what you pay for.





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  • Michael chertoff
    05-01 04:52 PM
    [QUOTE=snathan;338267]Thomas Jefferson, once said, "A democracy is nothing more than mob rule, where fifty-one percent of the people may take away the rights of the other forty-nine. "
    I really believe Jefferson's worst fear is playing out in Sri Lanka.

    QUOTE]

    This quotation is only for Sri Lanka?? or it can be tru for india too???

    MC



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  • jayleno
    07-21 06:17 PM
    I'm enjoying this thread more than I enjoyed the predictions one. I'm imagining a qucikstar star reading this thread and smiling to myself. My wife thinks I'm reading a joke on the internet.

    Keep them coming guys.





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  • unseenguy
    04-01 02:32 AM
    Please also consider the forced sacrifice country and millions of your countrymate made due to Nehru clan compared to the "sacrifice" Nehru himself made.

    It is true everyone has made some sacrifices but consider if India were not a free country and if Nehru and others like Mahatma Gandhi didn't dedicate themselves to the cause of nation then would we be better off today? We failed to carry the torch left by them for us.

    Has anyone asked them to vote for Nehru dynasty after the blunders? Didnt anyone see it coming? Building society is everyone's responsibility. Not just Nehru or his children's.

    This is like saying we wasted one spot in Indian cricket team on Sachin Tendulkar when he scored 0 in some matches or didnt win a match for India.

    It is team work and collective responsibility that will make this country prosper. Blaming some person by saying all his fault and we are here because he screwed us is not the right thing to do. It just finds a scapegoat and does not solve the problem. We should learn from the mistakes the country has made and learn from them and move forward.



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  • vimalm
    08-22 11:43 AM
    Dear Samay

    My wife's H1 COS is approved with a start date of Oct 1, 08. Due to a family emergency she needs to travel to India and stay there for extended period of time (well past Oct 1. Expecting to return back End of Nov). Currently she is on H4 with her H4 Visa stamp expired.

    My question is can she come back on H1-B status at end of Nov? I understand that she will have to apply for H1-B visa stamping without paystubss in India and that can be very risky.

    She needs to leave ASAP (once we receive the approval in hand). Can she leave prior to Oct 1 or does she have to wait till Oct 1 and then go in order for COS to take effect?

    Your response is really appreciated.





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  • ss1026
    03-29 06:19 PM
    you just proved how ignorant you are, coz US president's biological father is not a muslim.....His father is born in a christian family but was raised by a their neighbor who happened to be a Muslim family. His father never converted to Islam neither the family who raised his father tried to convert him but yes his father did adopt this Muslim family's name hence we see Hussain as his middle name.

    My point was to shine some light on the original posters logic. We love this country for giving us equal rights irrespective of our background but the poster was arguing that Rahul gandhi is unfit because he might have a parsi/muslim lineage.

    I dont give a rat's behind if Barack's father was a muslim/atheist/hindu/jew. The point was to appreciate that the US electorate voted for person named Barack Hussein Obama in these times. We also know that he is the son of an immigrant which also gives a lot of us some hope

    PS: This is besides my point but Wikipedia says Barack Sr was born in a muslim family. Maybe you can tell them they are ignorant too.



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  • AirWaterandGC
    05-09 09:27 PM
    Just before any jumps on me :

    I respect , like and love the United States. It has taught me a lot, given me a lot of respect and made me a much better person.
    India is my country and I will get back there on some day. But I believe in a world without boundaries, and believe that political boundaries should not determine where/what I should do. That decision should be just made based on what/where I can be most productive/useful for myself and the society I live in. Hence I believe that USA/CA/India all are great nations/societies and we should respect them along with any other countries too.





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  • msp1976
    02-16 11:12 AM
    This is a link provided by akred....

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

    This is required reading for all those who want to understand the attitudes of the anti immigration folks like the numbersUSA et al.....



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  • Googler
    02-15 10:28 PM
    My friend, I'm not trying to fight you. All I am saying that you cannot file a class action against USCIS because they have not done anything wrong. They are just following the law.

    If you really want to have this change, it is the US congress that you can deal with.

    As I've said, I work for a law firm.

    Why don't ask your immigration lawyer first regarding the "class action" you are talking about.

    (1) There was no shortage of laypeople and even attorneys who asserted that "USCIS isn't doing anything wrong they are just following the law" when it came to FBI name checks. Fortunately for all of us sharper legal brains and sharper judges prevailed, and brought us to this happy day.

    (2) On Class Actions: Villamonte, have you read the Mocanu decision (http://www.bibdaily.com/pdfs/Mocanu%202-8-08%20LEXIS.pdf)? If not I encourage you to do so -- that was just individual cases being consolidated, but the situation is not very different -- you should pay particular attention to the part where Judge Baylson recommends a multi-district class action litigation to deal with all the other name check cases (see p. 16, para numbered 6).

    The parallels between the those cases and the one being proposed are very strong.

    Judge Baylson is not the only judge who has recommended a class action approach to these issues. IV members should also be aware that all we need are a few named plaintiffs, it isn't as though every IV member or even everyone wanting to sue needs to be a named plaintiff. All the judge needs to recognize is that there is a large group of applicants with same or similar grounds for suing USCIS/Emilio Gonzalez. Edit to add: IV the organization doesn't even need to be the primary plaintiff, since that will necessarily cutoff any parallel discussion with the agencies. The IV forums are just a place to organize this.

    (3) Preliminary Ideas on the Grounds for Suing (courtesy lazycis):
    The grounds for suing USCIS is the same as in Gonzalez v Howerton -- (a) interpreting the law incorrectly (b) not following the statutory requirement that they use up all the greencards available in a given year and therefore being guilty of affirmative misconduct. At the very least, a judge is within his rights to make them make amends -- by recapturing 2003-2004 EB greencards, since they wasted them as a result of their affirmative misconduct -- they waited for name checks or simply not processing applications - no one can say there wasn't an application backlog in 2003-2004.

    (4) First Steps
    What we need here is to get this matter before a good legal strategist who is familiar with (a) the two sources of affirmative misconduct (FBI name checks and cessation of processing in 2003-2004) (b) precedents and caselaw (note that most immigration law firms are good with filing paperwork, but not necessarily complex litigation, so forget about the usual suspects.) The perfect legal argument will not sprout up immediately. In the same way that the legal arguments in the name check cases were honed over time (lazycis can confirm this), this too will need some serious research and thinking.

    Those of you who want everything about this case sorted out, signed, sealed, guaranteed and delivered this week will need a reality check. :)

    As will those of you who think that the way to approach this is to discuss these issues without familiarizing yourself with facts and legal precedents in some detail (so arguments about slavery etc are not the ones that will win the day in court, it is arguments that can show that USCIS was not interpreting the law correctly and in doing so caused harm and that the harm can be remedied through recapture.) -- if you want to see how a case like this will work read Mocanu and Galvez. This case will not be a dramatic movie-style civil rights case about slavery, it will involve the most tedious sort of nitty gritty discussion of admin misconduct.

    OTOH, for most of us, all we've got is time -- I do not foresee my Jan 2003 EB-2 India PD becoming current any time soon. I'm prepared for a long legal battle. I'd rather do something constructive** that will likely change the process than sit and wait and mope.


    **: Yes, I've sent off my letters too. I think of these two things as complementary projects.





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  • apb
    12-14 02:24 PM
    I really don't see how removing the per country ceilings alone without increasing the anual quota will help the entire comminity. If you do that alone all it will do is make the date retrogressed for all the countries even further. So where's the gain?
    Getting the anual quota increased, not counting dependents in the quota and recapturing visas from passed years will help EVERYBODY.

    If people want to think that something petty as removing the per country quota is going to solve all our problms then all the best (and God bless us all) ! :cool:

    PS - Pardon me if this sounds harsh but this is how I see it.

    We need to understand that the basic premise of the removing the per country limit uses the assumption that there is enough visa for all of us. But sadly this is not true. We have ask for increasing the GC limit from 140000 to xyz. The last increase was in 1990 which was after 14 years. Now 18 years have passed and there is no change in that direction.

    Increasing limit cannot be fought in the court. It requires changes in law. Removing dependents from EB based GC consumption also cannot be decided in court. But removing per country limit for EB/GC can be decided in court. Just because we are fighting for one does not mean we are ignoring other agendas of IV.



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  • chanduv23
    02-13 06:27 PM
    hopefulgc - please dedicate some time and update your first post with more information on lawsuit, you may want to quote lazycis 's posts and other information.

    A lot of people may not be very knowledgable and may backoff when they see the word "lawsuit".

    Those who are saying YES on the poll - it is assumed that you will not backoff - if you have not yet updated your profile on IV - please update your complete profile - this will show that you can be counted on.





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  • jsb
    06-05 01:32 PM
    It is very clear that there is absolutely no meaning for "quota" on 485 applicants.
    They are allowed to continue to stay in US forever, from the date of their application (assuming the case is good, and eventually will be approved, when visa is available).

    So the whole argument about "diversity" or even "controlled immigration" doesn't stand, since the 485 applicants are here permanently "except" for an official "GC card".

    The only thing the "quota" does is creating "uncertainty" in the mind of genuine applicants. This causes less spending, less home buying and eventually causing bad for the US economy. This just creates a second layer of "tax-payers" who have extremely high "purchase power", but doesn't utilize their purchase power, due to "uncertainity"

    I wonder why the politicians doesn't realize this simple fact yet?

    They either shouldn't allow 485's to wait in US (for diversity & controlled immigration claim), or should just remove the quota for 485's, and let them live their lives & utilize their purchase power to help US economy.

    Note that Adjustment of Status ( AOS) concept itself is a benefit to future immigrants who are already in the US (as a visitor, or guest worker), so that they don't have to go back to their country and wait for their turn. This in a way violates the country quota system. Normally people should apply for immigration from their home country, and come to the US only when they are accepted as immigrants. We are here in contradiction to the legal diversity requirement supposed to be enforced via country quotas, but we now say that there should not be such a diversity requirement because we are here anyway. This argument, of course, doesn't suite us, but is a proper one for the situation.



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  • 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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  • okuzmin
    05-09 01:37 PM
    hasanuic, check this page before you send your RPRF fee:

    http://geo.international.gc.ca/can-am/main/visas/fee_schedule_us_dollars-en.asp

    We just sent the last requested docs a week ago to the Consulate, and I used this page to get a money order with our RPRF fees.





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  • snram4
    01-17 10:39 AM
    If you think memo is illegal you can suggest and immpress IV to file a lawsuit. If it is clearly violation of law then filing lawsuit will not be that much costly. I see your other thread for asking opinion about fighting legally. I will be surprised if a few hundred will reply for that. This issue will be alive for a few days or weeks then IV members will forget when next VB comes
    Can you just shut up and get lost....which law is saying that. give us the reference.





    nixstor
    07-03 06:34 PM
    Wish the Senators a Happy Independence Day in the mail ....

    Lets go guys its time to fill up those emails and fax machines .....


    Please try to understand who is a senator and who is a representative. While that might not make any difference to us, it is of great importance if some one happens to get on our forums. Rep Zoe Lofgren. Not Senator Lofgren





    angelfire76
    01-14 03:38 PM
    I agree completely. I fail to understand why people are so upset with this development. Your life will be better in the long run. Cant you all see ?

    cinqsit

    Nobody's arguing against cracking down on these layers of contracting. The "third-party worksite" applies to almost all IT services companies nowadays. That is what is not very clear about the memo.



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