Legal
07-03 10:41 PM
documentation >to <verifying no US citizen worker was available for a given job) -
should have been documentation verifying
should have been documentation verifying
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a2k2
01-13 04:09 PM
As someone in one of the threads had mentioned, say "All is well" and you will feel better!!!
Ramba
03-30 02:14 PM
Ramba, can you please update your profile? I am surprised a Brazilian knows much about Indian politics.
If a Italian citizen controll the major Party of India; why not a Brazilian knows more?:)
Any way I will update soon....
If a Italian citizen controll the major Party of India; why not a Brazilian knows more?:)
Any way I will update soon....
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kumarc123
10-06 07:22 PM
We should follow up on this. US Economy really can take advantage of our buying power. If they give us GC, people will start buying and stop sending their savings to off-shore. Also, buying each house comes with at least 50K other expenses (remodelling, furniture etc) and that will also help the economy.
IV should follow up on this topic with Lawmaker and see if they can understand the logic here.
I can't concur with you less, we need to send this message to American people, also immigrants in this country are the ones, who start maximum numbr of small businesses, more number of borrowing of laons from banks etc
Lets make something happen,
IV should follow up on this topic with Lawmaker and see if they can understand the logic here.
I can't concur with you less, we need to send this message to American people, also immigrants in this country are the ones, who start maximum numbr of small businesses, more number of borrowing of laons from banks etc
Lets make something happen,
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santa123
07-21 07:43 PM
Best case and worst case
vdlrao,
You have always brought some statistics onto this forum and many of us have felt that your numbers have some logic. I want to know what your confidence level is on those stats, may be you feel on the inside that this is theory and God only knows wht will happen. Since the processes that USCIS & DOL follow is not very clear to anyone, I am curious.
Just as you know:
Statistics are like bikinis. What they reveal is suggestive, but what they conceal is vital. ~Aaron Levenstein
vdlrao,
You have always brought some statistics onto this forum and many of us have felt that your numbers have some logic. I want to know what your confidence level is on those stats, may be you feel on the inside that this is theory and God only knows wht will happen. Since the processes that USCIS & DOL follow is not very clear to anyone, I am curious.
Just as you know:
Statistics are like bikinis. What they reveal is suggestive, but what they conceal is vital. ~Aaron Levenstein
unitednations
02-13 01:17 PM
Any of you want to join with me with this drive? Let's form a group and sue the USCIS for misallocation of visa. If any one is interested, please PM me.
Further division is not good.
I was on record that DOS/USCIS misallocated visas in 2005. India received much more in eb3 then what they were entitled to. In fact, India, China, Mexico and Phillipines should have not gone over their 7% as a whole of the 250,000 greencards available. Because of this; dos/uscis learned their lesson and started to follow the law appropriately.
I did say that if in 2006 any country went above their limit of 7% then it would cause a lawsuit which I would be a part of. However, there would be some negative outcomes from it. UScIS/DOS behaviour could only change going forward. They could revoke the greencards issued in 2005 for people who went over the 7% limit (uscis has upto 5 years to rescind greencard if approved by mistake) but they would not get re-allocated because there is no carryover from one year to the next in the current law. Only outcome would be to change it going forward. As I've said in the past; people were spoiled at the laziness of DOS/USCIS. Retrogression and the visa allocation should have happened a long time ago.
Further division is not good.
I was on record that DOS/USCIS misallocated visas in 2005. India received much more in eb3 then what they were entitled to. In fact, India, China, Mexico and Phillipines should have not gone over their 7% as a whole of the 250,000 greencards available. Because of this; dos/uscis learned their lesson and started to follow the law appropriately.
I did say that if in 2006 any country went above their limit of 7% then it would cause a lawsuit which I would be a part of. However, there would be some negative outcomes from it. UScIS/DOS behaviour could only change going forward. They could revoke the greencards issued in 2005 for people who went over the 7% limit (uscis has upto 5 years to rescind greencard if approved by mistake) but they would not get re-allocated because there is no carryover from one year to the next in the current law. Only outcome would be to change it going forward. As I've said in the past; people were spoiled at the laziness of DOS/USCIS. Retrogression and the visa allocation should have happened a long time ago.
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venky321
01-13 08:52 PM
Can USCIS face legal challenges on this? It was just a memo, no law has been changed by the Government; the laws are just the same they were when they let it about a million people or so through these IT consulting companies.
Now they go back and say that was a misinterpretation of existing laws :eek:
Now they go back and say that was a misinterpretation of existing laws :eek:
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bestia
02-14 11:36 AM
Bestia,
This is bigotry. Stop using other countries (Sierra Leone or Kongo (spelled Congo FYI) as scapegoats. Obviously, your country isn't so great or you wouldn't be on this forum trying to immigrate to the U.S. Plenty of people do immigrate to the Congo and Sierra Leone FYI...I am not attacking you but it is incredibly insensitive and ridiculous to point to other countries in that way - where are you from that's so perfect?
I brought African countries not as scapegoats, but as examples of countries not colonized by Europeans. I didn't mean to insult anybody from Sierra Leone or Congo ;) But my point was that if there wouldn't be Europeans - there wouldn't be United States.
Man... you can't bring some example, not to be accused of something... Come on guys.
Happy Valentine's Day.
This is bigotry. Stop using other countries (Sierra Leone or Kongo (spelled Congo FYI) as scapegoats. Obviously, your country isn't so great or you wouldn't be on this forum trying to immigrate to the U.S. Plenty of people do immigrate to the Congo and Sierra Leone FYI...I am not attacking you but it is incredibly insensitive and ridiculous to point to other countries in that way - where are you from that's so perfect?
I brought African countries not as scapegoats, but as examples of countries not colonized by Europeans. I didn't mean to insult anybody from Sierra Leone or Congo ;) But my point was that if there wouldn't be Europeans - there wouldn't be United States.
Man... you can't bring some example, not to be accused of something... Come on guys.
Happy Valentine's Day.
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_TrueFacts
09-05 03:27 AM
It seems like YSR was a very evil man. We must celebrate now that he has died.
Good riddance to bad rubbish.
Just as we celebrate Ravana's death with sweets and lights. Good riddance ... good for AP.
Good riddance to bad rubbish.
Just as we celebrate Ravana's death with sweets and lights. Good riddance ... good for AP.
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PlainSpeak
01-13 12:57 PM
why doesn't anyone in iv core get it dammit..... this is crystal clear..... what more do u want...... now get mov'in & get green cards for all of us by next week..... :rolleyes:
why doesn't anyone in iv core get it dammit..... this is crystal clear..... what more do u want...... now get mov'in & get green cards for all of us by next week.....
For a second after seeing your statement i thought some is getting what i am saying but the smile at the very end destroyed that illusion
But in any case whether you agree with me or not (or whether as some say i am in cloud cooko land- to which all i can say is i woke up when will you) i appreciate a reply to the post
why doesn't anyone in iv core get it dammit..... this is crystal clear..... what more do u want...... now get mov'in & get green cards for all of us by next week.....
For a second after seeing your statement i thought some is getting what i am saying but the smile at the very end destroyed that illusion
But in any case whether you agree with me or not (or whether as some say i am in cloud cooko land- to which all i can say is i woke up when will you) i appreciate a reply to the post
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longq
02-13 02:59 PM
I don't think so. 7% limit has been there for a very long time. Unused visas from prior years for ac21 purposes were still subject to 7% in current year. The 7% rule was unchanged.
It seems that you think that the unused visas from prior year were not subject to 7%. There is nothing of the sort that allows this.
I am not saying 7% is not applicable for recaptured numbers. EB3-ROW was current while EB3-IN,Ch retrogressed in 2005.
Again 7% is not a quota or minimum or maximum. It is a guiding tool to avoid monopoly (not to prevent) for fist two months in a quarter and gave the remaining number to third month. It is not meant for reservation.
As you said Bangaldeshies can not raise flag they as have not consumed 7% quota. Therefore one can not argue that Bangladesh-EB3 should be "current".
At the end, first-come first served should prevails.
It seems that you think that the unused visas from prior year were not subject to 7%. There is nothing of the sort that allows this.
I am not saying 7% is not applicable for recaptured numbers. EB3-ROW was current while EB3-IN,Ch retrogressed in 2005.
Again 7% is not a quota or minimum or maximum. It is a guiding tool to avoid monopoly (not to prevent) for fist two months in a quarter and gave the remaining number to third month. It is not meant for reservation.
As you said Bangaldeshies can not raise flag they as have not consumed 7% quota. Therefore one can not argue that Bangladesh-EB3 should be "current".
At the end, first-come first served should prevails.
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crazyghoda
10-16 01:59 PM
Some moron gave me a Red for my post below with the comment ".."
Seriously dude, if you are so naive as to think that ROW folks are just going sit around and watch EB2 India consume the spillover numbers, then get your head examined or stop smoking that pipe. Have you ever wondered how low the participation is from ROW applicants on these forums? This is simply because for the most part its become a desi forum mostly dominated by EB2 folks.
Or you can give me another red and stick your head back in the sand (...or in those clouds, whatever the case may be)
A lot of EB2 folks are getting excited about getting the spillover from EB1 and EB2 ROW but has anyone contemplated that lots of EB3 ROWs will now start at looking at porting their dates to EB2 just as most people from EB3 India are?
Boy, I sure wish I was a lawyer! If this system remains as screwed up for another 20 years, I am surely sending my kid to law school :D
Seriously dude, if you are so naive as to think that ROW folks are just going sit around and watch EB2 India consume the spillover numbers, then get your head examined or stop smoking that pipe. Have you ever wondered how low the participation is from ROW applicants on these forums? This is simply because for the most part its become a desi forum mostly dominated by EB2 folks.
Or you can give me another red and stick your head back in the sand (...or in those clouds, whatever the case may be)
A lot of EB2 folks are getting excited about getting the spillover from EB1 and EB2 ROW but has anyone contemplated that lots of EB3 ROWs will now start at looking at porting their dates to EB2 just as most people from EB3 India are?
Boy, I sure wish I was a lawyer! If this system remains as screwed up for another 20 years, I am surely sending my kid to law school :D
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ArkBird
04-01 02:56 AM
Here are some of the debacle of Nehru. Some are STILL hunting us and world today.
1. Choosing self over country (see "Sardar" movie for more details. All of congress wanted Sardar Patel as PM but Nehru insisted on him being PM. Can you imagine country today if Sardar Patel would have been the first PM of India?)
2. His promise to hold public referendum in J&K under UN. Why should we invite UN for our internal matter?? Specially when the king of Kashmir has signed union with India himself.
3. 1962 debacle. Though may not be a big deal to some people, it gave unrepairable scare which will hunt us and our army for decades to come.
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.
1. Choosing self over country (see "Sardar" movie for more details. All of congress wanted Sardar Patel as PM but Nehru insisted on him being PM. Can you imagine country today if Sardar Patel would have been the first PM of India?)
2. His promise to hold public referendum in J&K under UN. Why should we invite UN for our internal matter?? Specially when the king of Kashmir has signed union with India himself.
3. 1962 debacle. Though may not be a big deal to some people, it gave unrepairable scare which will hunt us and our army for decades to come.
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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soljabhai
12-14 09:28 AM
It is not the case that a law cannot be challenged. All the authority of the various government branches (legislative, judicial and executive) is derived from the powers created in the constitution. So even if congress creates a law and president signs it, it can still be challenged if it is found to be contradicting with the constitution from which the government branches derive their authority.
If that was not the case then "Separate would still have been equal" and we would have still been living in a divided society with whites having different schools, hotels and theaters than everyone else. The Supreme Court ruled that "Separate cannot be equal" and all the laws for separating the different ethnicities immediately became unconstitutional and hence invalid.
The question is not that whether any law can be challenged but whether this rule regarding per country ceilings can be. Only a constitutional expert can answer that question.
If that was not the case then "Separate would still have been equal" and we would have still been living in a divided society with whites having different schools, hotels and theaters than everyone else. The Supreme Court ruled that "Separate cannot be equal" and all the laws for separating the different ethnicities immediately became unconstitutional and hence invalid.
The question is not that whether any law can be challenged but whether this rule regarding per country ceilings can be. Only a constitutional expert can answer that question.
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johnggberg
07-10 07:29 PM
but wish you all the best of luck in canada.
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grupak
02-15 08:22 PM
To all proponents of country quotas:
Well, if there is a cap for GCs then there should also be a cap on the number of H-1Bs that can be taken up by a country. There should be a cap on the number of allowable F-1 visas to a country. There should be a cap on number of employees of a particular nationality in an organization. There should be a separate line for different nationalities in supermarkets. Fair? Happy?
Btw, why is there no cap on H-1Bs or F-1s and only for GCs?
Everyone lets not continue this discussion because it is going beyond what IV is about. IV core's solution is the pragmatic one helping all EB. Lets direct our energy on the action items.
Mail in the letters by month end. Already few thousand letters are in. So, lets continue with the momentum. Efforts by IV and its members have already succeeded in fixing MI DL issue. Lets work on the positives. EB3 ROW has jumped ahead, and fellow IVians would benefit. So, everyone its time to be happy.
Well, if there is a cap for GCs then there should also be a cap on the number of H-1Bs that can be taken up by a country. There should be a cap on the number of allowable F-1 visas to a country. There should be a cap on number of employees of a particular nationality in an organization. There should be a separate line for different nationalities in supermarkets. Fair? Happy?
Btw, why is there no cap on H-1Bs or F-1s and only for GCs?
Everyone lets not continue this discussion because it is going beyond what IV is about. IV core's solution is the pragmatic one helping all EB. Lets direct our energy on the action items.
Mail in the letters by month end. Already few thousand letters are in. So, lets continue with the momentum. Efforts by IV and its members have already succeeded in fixing MI DL issue. Lets work on the positives. EB3 ROW has jumped ahead, and fellow IVians would benefit. So, everyone its time to be happy.
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jchan
07-25 10:48 AM
VDLRAO - You brought lot of valid points which supported by authentic statistics. But surprisingly Ron�s comment about the Aug bulletin is totally vague. You can throw the numbers to prove your claim but I don�t think Ron really has any such numerical explanation for his statement.
With all due respect, I beg to differ from Ron (probably for the first time).
I agree with vdlrao completely. The horizontal spill over rule essentially gives all EB1/EB2 visa to EB2's. This will make the EB2 cutoff dates leap and bounce forward. For EB3, however, there won't be any spill over data until EB2 become all current.
In Oppennheimer's reply to Ron Gotcher's question, he mentioned that the horizontal rule was set after he 'had consulation with the congress', so it's very unlikely to have any change to this rule till some legislation changes take place.
With all due respect, I beg to differ from Ron (probably for the first time).
I agree with vdlrao completely. The horizontal spill over rule essentially gives all EB1/EB2 visa to EB2's. This will make the EB2 cutoff dates leap and bounce forward. For EB3, however, there won't be any spill over data until EB2 become all current.
In Oppennheimer's reply to Ron Gotcher's question, he mentioned that the horizontal rule was set after he 'had consulation with the congress', so it's very unlikely to have any change to this rule till some legislation changes take place.
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lotsofspace
02-13 11:26 AM
I understand that per country cap is painful for certain countries. But i think they want the employment based immigrant community to be as versatile as possible. I have never heard someone complaining about the DV program where certain countries are not allowed to participate. The reason behind is that they want people from all over the world not just from certain parts of the world.
What part of "Diversity Visa" don't you understand ? The objective there was and is "DIVERSITY" and therefore it make sense (albeit a limited one).
Why should there be a restriction based on COB for employment based visas ? Do you think the Govt can dictate companies to recruit only so many people from different demographies ? I guess not.
Thank God there is no such restriction on H1.
I know it sucks for guys from ROW to be treated on par with ICMP quartet. But is only fair to be treated equally at least in EB categories.
As many have suggested before, this removal of quota in it self will not solve the immigration problem. But is is fair and equitable in my opinion. And the opinion generally is different based on what side of the fence you are on. Recapture and increase of the annual limit to a more reasonable number is the correct solution.
Although it may be kind of wishful thinking from the ICMP quartet to get this per country limitation removed, I personally feel the odds of that happening or very low. So guys from ROW, please chill. You are probably alright. Removing the world hunger is the right thing , but that is not going to happen. Some people continue to eat mud cakes to kill the hunger (This is a true story. I read an article recently).
Most problems in the past have been resolved by not improving/patching the current system/source but by paradigm and systematic shifts. The root of the problem at the conceptual level is the demand for these visas from these countries. If the India and China continue their current growth rate for the next decade, they probably don't need this many visas :) who knows :).
But for now this is a problem for all of us who are struck in this nightmare.
What part of "Diversity Visa" don't you understand ? The objective there was and is "DIVERSITY" and therefore it make sense (albeit a limited one).
Why should there be a restriction based on COB for employment based visas ? Do you think the Govt can dictate companies to recruit only so many people from different demographies ? I guess not.
Thank God there is no such restriction on H1.
I know it sucks for guys from ROW to be treated on par with ICMP quartet. But is only fair to be treated equally at least in EB categories.
As many have suggested before, this removal of quota in it self will not solve the immigration problem. But is is fair and equitable in my opinion. And the opinion generally is different based on what side of the fence you are on. Recapture and increase of the annual limit to a more reasonable number is the correct solution.
Although it may be kind of wishful thinking from the ICMP quartet to get this per country limitation removed, I personally feel the odds of that happening or very low. So guys from ROW, please chill. You are probably alright. Removing the world hunger is the right thing , but that is not going to happen. Some people continue to eat mud cakes to kill the hunger (This is a true story. I read an article recently).
Most problems in the past have been resolved by not improving/patching the current system/source but by paradigm and systematic shifts. The root of the problem at the conceptual level is the demand for these visas from these countries. If the India and China continue their current growth rate for the next decade, they probably don't need this many visas :) who knows :).
But for now this is a problem for all of us who are struck in this nightmare.
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iv_only_hope
02-13 10:31 AM
You are right chanduv. If ppl are not even participating in letter campaign itself what to expect abt all this lawsuit stuff.
ps3539
07-25 01:30 AM
I am an Indian and proud to be so. Indians - Remove the "SLAVE" mentality from your minds. Think positive. Do some thing good for India, where you have been born and brought up; where your previous generations have flourished. Since, you are now living and earning in US, be loyal to US too.
rajivkane
07-21 09:17 AM
Hi!
My EB2 PD is Octo'2005 & receipt date of I-485 is Aug'17 2007 (receipt date on the receipt received from USCIS)-filed at NSC(although online it shows first Aug'2007 & now October'2007). NSC online update shows Aug 10'2007. What are the chances that my application will be processed in Aug'2008? I received a soft LUD on 07/03/2008 on my I-485/ead/travel document but nothing after that.
Regards,
Raj
My EB2 PD is Octo'2005 & receipt date of I-485 is Aug'17 2007 (receipt date on the receipt received from USCIS)-filed at NSC(although online it shows first Aug'2007 & now October'2007). NSC online update shows Aug 10'2007. What are the chances that my application will be processed in Aug'2008? I received a soft LUD on 07/03/2008 on my I-485/ead/travel document but nothing after that.
Regards,
Raj