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  • Legal
    07-03 08:47 PM
    My ideal solution for this is to make this a hot button issue in the media and then try for legislation to recapture visa numbers and allow forwarding of visa numbers. That will help us go a long way.

    Will it be possible to get emergency legislation to capture unused EB numbers for the past several years????

    Is it possible to escape the radars of the likes of Durbin & Sanders?





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  • chetanjumani
    12-14 12:45 PM
    You don't have a case. Before laws are signed, lawmakers spend hours and hours or weeks arguing, debating and modying before it is passed by both Senators and congressmen.

    If they change the current law to favor Indians, then it will be disciminatory to other nationals. Think the other way.

    Personally, I don't see any discrimination in the existing law. It so happened that you came from Indian and the law only allows a certain percentage per country.

    I am not sure if correcting a discrimation can be considered as discrimation againt group who were in an advantageous position before the correction is done.

    I dont think any one wants any changes in favor of a particular nation, in fact they want it to be without favor to any particular nation and treat every one with equality.

    I am not a constitutonal lawyer, but I believe if we pursue it, the per country limit may be removed.

    How ever I am not sure if that will be very helpful to us now. Even if there is no per country limit, i think we will have to wait for years before the visas are made available.

    I think, Immigrant voice should strive to make the system as fair and as efficient as possible, irrespective of in person who gains/looses from it.

    Another very important thing here is not to get divided amongst ourself. If we do that we are not going to get much.

    Take an honest view irrespective of your personal loss/gain.

    We might even try to ponder how we could use this to get media/public focus on legal immigrant community, and its inefficiencies. Use this to forward all our causes.

    We might want some people in PR to put this in media that perhaps there is something unconstitutional in the law, without going to the extent of filing a law case.

    I would encourage every one to come up with imaginative ideas to achieve our overall goals of an efficient and fair system for legal immigrants.

    Please help grow this idea





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  • thomachan72
    09-15 04:26 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..;)

    Good idea but could you clarify why "next 2-3 months"? what after that? Just curious why you put that time frame there





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  • ujjwal_p
    10-15 05:38 PM
    If spillover works, logic is simple. Pending applications ~290K. Quot available ~140k
    So, in just two years, every category should be current. Lets not scratch our heads.

    Please work out the data versus pending/quota/spillover. Do VISA DATES ENGINEERING. And figure out the visa dates process/workflow and put in front of DOS/USCIS to adopt. Or lobby to adopt. or rally to adopt.

    Otherwise our math will always be different from DOS/USCIS math on visa dates ;)

    Easy boss. It aint that simple. You think nobody's going to be awarded gc's in the next year from EB1 and EB2 ROW? Wow. You not only need spillover but also need really low demand from EB1 and EB2 ROW through next Oct. If economy start picking up we'll be piling up on the backlog again and back to twiddling our thumbs waiting for visa bulletin every month. The only way this can be solved is through more visas or through visa recapture. If either of them doesn't happen, we are pretty much guaranteed not seeing "current" for a good 5-10 years, assuming the economy starts recovering and adding more jobs which seems like it has slowly begun. Not that simple.



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  • krishna.ahd
    02-18 08:38 PM
    When the cap is revised, I agree that 'the increase in net population' is one parameter in decision...
    But that should not be the determining dominant parameter....

    The dominant parameter should be the change in the US demographics and the needs of the US economy...Millions of baby boomers are gonna start retiring soon....The cap has to increase keeping that in mind....

    The projections of manpower deficit due to demographic shift are in millions......

    If you want to maintain the same standard of living, you have absolutely no option but to import more skilled labor....and lots of it.....


    America is barely producing babies at replacement levels and between 2011 to 2032 ...... 77 million baby boomers( people born between 1946 to 1964) would need to retire or phase out involvement in active labor force....
    http://www.teamncpa.org/main/news.php?ItemsID=165

    Doggone illegal mexicans would not take care of your high end requirements ... That is just fact of life...Now you tell me how much the EB cap should be .....


    .

    As per the facts first baby boomers will start collecting benefits in 2008 and by 2020 when most boomers are 60+ there will be 2.6 workers paying social security and medicare for every retiree versus 5 workers now

    Is there anybody looking at this angle for increasing GC cap/upper limit ??





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  • tikka
    07-04 07:39 AM
    http://indiapost.com/article/immigration/597/

    On July 1, 2007, the Visa Numbers in the Employment-based Second and Third Preferences will become current. The USCIS Service Centers in Nebraska and Texas will be deluged with Adjustment of Status (Form I-485) applications.

    An update on AILA Infonet expresses concern that the USCIS may start rejecting I-485 filings before July 31, 2007 even though, historically, applicants have had the benefit of the whole month to file before the State Department announces retrogression for the following month.

    In fact, the cut-off date for the "Other Worker" was October 1, 2001 in the June 2007 Visa Bulletin. Yet, the USCIS began rejecting I-485 filings under the Other Worker category with priority dates of October 1, 2001 or earlier when the agency was informed by the State Department that the visa allocation for this category had been exhausted on June 5, 2007.

    AILA believes that the rejection policy is contrary to the regulation at 8 CFR �245.1(g) (1), and has urged USCIS to reverse its policy, which it has refused to do so. In any event, June 2007 is almost over, and even if USCIS reverses its erroneous policy later in July, would it still be able to accept I-485 applications that were due in June 2007? In July 2007, the Other Worker category becomes Unavailable.

    Regarding the "Current" dates in July 2007, the AILA Update indicates that USCIS has approximately 40,000 visas remaining in all employment-based categories for 2007, and that USCIS already has far more than that number of I-485 applications in the backlog queue ready for approval. Remember that there was a similar deluge of I-485 filings prior to the earlier retrogression of October 1, 2005.

    If these have already been pre-approved, they will exhaust the supply of existing immigrant visas and there is a likelihood that USCIS may start rejecting I-485 filings before the month of July is over. AILA has not yet predicted the exact date in July when this will happen. Despite the rush to file, one cannot underscore the importance of filing complete I-485 applications. If the I-485 does not contain the medical examination report, it will get rejected as the document is considered "initial evidence."

    The same applies to birth certificates, marriage certificates and other essential documents. It is also important to file with the correct filing fees for the I-485 ($325 + $70 for the biometrics fee). The accompanying I-765 application for temporary employment authorization is $180 and the I-131 application for Advance Parole is $180. It is also important to make full and truthful disclosure of any unauthorized unemployment on the Form G-325A.

    Some may have worked after their F-1 OPT had expired and others may have been involved in self-employment home businesses. The fact that an applicant has worked without authorization for short periods of time should not render him or her ineligible to file for Adjustment of Status. Section 245(k) of the Immigration and Nationality Act protects status violations up to 180 days from the last lawful admission into the United States.

    For example, if an applicant worked without authorization between October and December 2006, and then left the United States and entered on January 1, 2007 in H-1B status, so long as this individual has not violated status for more than 180 days since January 1, 2007, he or she would still be eligible to file the I-485. For those with longer periods of status violations, Section 245(i) may also render them eligible to file an I-485.

    To be eligible under Section 245(i), the applicant must have been the beneficiary of a labor certification or employment or family-based immigrant visa petition (Form I-140 or Form I-130) prior to April 30, 2001. If the filing was between January 15, 1998 and April 30, 2001, he or she must also establish physical presence in the US as of December 21, 2000.

    If one is filing under Section 245(i), the I-485 must be accompanied by Supplement A and an additional penalty fee of $1,000. Finally, it is also important to disclose criminal arrests and convictions, however minor. Of course, those who have a criminal record must seek the advice of an attorney prior to filing the I-485.

    While not all minor arrests or convictions will lead to inadmissibility, some may and it is important to find out whether the applicant is eligible for a waiver. If one is filing an I-140 concurrently with the I-485, note that the USCIS announced on June 28, 2007 that it was temporarily suspending premium processing for 30 days from July 2, 2007 due to the heavy rush in applications.

    Cyrus D. Mehta



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  • snram4
    01-16 01:31 PM
    Accepting regulations does not mean to prevent Indians to come here. I can tell many examples. There are many bodyshoppers get h1B and make the persons to sit on bench in India or USA. I know some persons come here 1 year after getting h1b. But many reputed companies those who are real need of people could not get H1b as Cap was reduced. Putting restrictions on on bodyshoppers will improve H1b usage and wastage can be eliminated. And will make h1b program legitimate.

    Wow so ungrateful.
    You make hole in the same vessel you eat.
    You came to this country only because of a desi bodyshopper. Otherwise with your qualifications you cannot even dream of coming to USA on your own.
    Unless you are IIT or IIM.. or some top engineering college, it is highly difficult for someone to come to USA on H1B and take a permanent job. The other route is to come for studies.
    So after coming here by showing your desperation to earn dollars with an NIIT diploma or some shady donation college degree you came via a body shopper. You made a choice in life fully knowing what you are doing. Now you left your bodyshopper and want to hurt him and feel happy for the rule because you do not want others like you to come to US of A via bodyshoppers.

    You know why? Because you do not want other Indians to come behind you and compete with you for jobs.

    Learn to live and let live. Din't they teach you in India as an Indian value. Good luck with your greencard.





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  • ash27
    03-31 11:16 PM
    Sk2006, I don't understand why would you like this thread to be deleted. I understand that this is immigration forum but I do not see any issues discussing other topics that other people are interested.... Please do not discourage people from discussing other issues that may be relevant. If you are not interested, you are more than welcome to not go through this thread....



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  • dealsnet
    09-04 05:26 PM
    Now I think new people are running IV.
    Aman Kapoor (Walden Pond) is not controlling now. That is the reason these idiots have got the admin previlages. Now they do nothing worthwhile. Bunch of jockers.

    If this was about you being having admin previledges,you wud have been taken to trial for misusing this board.....AH...





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  • BharatPremi
    12-14 04:30 PM
    I know what I am about to say will trigger a lot of reaction and some resentment, but it has to be said on behalf of those who are not Indian. I think the per country limit is to ensure that people of all nationalities and races have an equal opportunity to obtain a green card and to ensure that no one nationality, group, or even sector (i.e. IT) monopolizes the so few visas that are available. In fact, in the visa lottery, countries become excluded when the number of immigrants from them reach a certain point, so we are lucky they do not do that in the Employment-based system!

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

    Would you please read all posts once again? And this time apply comprehension and analytical skills while reading all posts. I am sure you would quickly realize how wrong your judgement is.



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  • srkamath
    07-24 08:18 PM
    Some lawyers (like the one mentioned here) like to advocate Consular Processing. At the risk of sounding cynical i'll say it..

    Lawyers are always trying to make money. During last July, several people self-filed I-485s, therefore lawyers lost business.

    Now if they create enough noise about long EB2 backlogs for AOS via USCIS, people might be scared enough to opt for consular processing, which is complicated enough that you'd need a lawyer !.

    I'm gonna ignore this lawyer's posts ..





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  • StillonH1B
    03-27 03:56 PM
    I just now posted that how no one mentioned Dr. JayaprakashNarayan. Well someone did mention.

    I guess that's not enough. There are lot of people who are not aware of this great leader.We need to spread the word about LokSatta.

    My vote is for Dr. Jaya Prakash Narayan. He has done good things as a doctor and then as a collector in AP.

    Of course he stands no chance, but I think he started a movement (grassroots) - hopefully it is the beginning of some positive change.

    Check out his speech at a Mumbai university.

    http://www.youtube.com/watch?v=t4xFCdOYTv4 - Part 1
    http://www.youtube.com/watch?v=3Q6s1R9iBjw - Part 2
    http://www.youtube.com/watch?v=k6ZHak1lEr8 - Part 3

    Cheers.



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  • days_go_by
    01-23 06:11 PM
    not all cases approved by DOL are fraud, some cases are really genuine, I have waited over 5 years for labor, and I know a bunch of other people too who have genuinely waited.
    But I agree most of frauds, I know of friends who bought and got Green Cards within a few months. checkout this thread .

    http://immigrationportal.com/showthread.php?p=1596562#post1596562

    it's not like DOL is not aware of it, they know it, they have created an industry around it. I don't think they will ban labor subst, they would rather add a transfer fee and make more money on it.





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  • mirage
    03-28 08:42 AM
    Remove 'Bahenji' ? If LK Advani or Manmohan Singh don't get enough seats we may see Behanji at the Helm...She looks to win most number of seats in the 3rd front, which makes her the front runner for PM candidate in the 3rd front. If 3rd front gets a good number of seats they may get support of opportunist parties like BJD who are not telling who they stand with. remove Atalaji...add Bahenji.



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  • CreatedToday
    09-04 01:56 PM
    Why the &*#@ are you still POOR, being in US?

    Mr.Nair tell me is it Gulf or Gelf. Do you still wear lunky in office or smoke peedi...enda peedi malabar pedi, enda CM EK nayar...he he :D

    If its GOD own country...what are you doing there. Are you renting it mr.Nair

    by the way how is omana kutty.





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  • mbawa2574
    02-15 07:18 PM
    That's taking it a bit too far, I might disagree on most of the things ROW people say but I am not here to make enemies. I have waited and I do not want others also to wait, I just want everybody (including ROW people) to get out of this mess as fast as possible.

    IV stands for unity . Discriminatory laws that make ROW vs MICP should be teared down. IV represents all nationalities. That's what makes America "Melting Pot". I am happy for people whose dates moved. Let's play together and make this system work for every skilled immigrant who goes through this GC process.



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  • BharatPremi
    12-14 05:26 PM
    Thanks bud. Yeah, I seem to have a "Ceiling" fetish. :D

    Anyways I only did a quick scan of your rather utopian scenario. But wouldn't the following help the that situation?
    1) Flow of un-used visas from ROW to OS countries
    2) Increase the TOTAL EB quota
    3) Exclude dependents
    4) Re-capture ( If any. But I doubt there will be anything left to recapture because in your Shangri-La USCIS would have been efficient enough to use up all the visas in the previos fiscal years).

    (I do detect some bitterness in your tone. I am only here to offer my view so please don't take it personally)

    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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  • newtogc
    10-03 01:54 AM
    Hi All,

    One company offered me pre-approved labour, with PD as Dec-2004. They are mentioning that I can file i140 immediately as soon as
    my H1-B transffered to new company.

    I have been hearing the news about LC substitution elimination from DOL.
    Has they announced any dead line for filing the Labor Substitutions ? or expecting soon.
    Has they announced any validity period on approved LCs to regularise this process?
    If yes - How is it going to effect my case?

    Is it better to take this LC( all the criteria required for sub is matched) or apply a new labour under PERM process.
    Currently I am in my first H1-B and valid till Oct 2007.

    Please need experts advice in this regard.

    Thanks,
    BNR.





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  • gsc999
    09-30 12:21 PM
    I have done a lot of research on this :::

    A good option is if you try and get a job in Detroit, MI. You can then live across the border in Windsor, ON and commute daily between Canada and US.Windsor is basically suburb of Detroit right across from Detroit river ex like Mumbai and Navi Mumbai, Hyderabad and Secundrabad etc.

    This way you get best of both worlds

    1) You keep H1B visa and US GC going.
    2) You earn in US $ and can avail of US job opportunity.
    3) You can earn time towards maintaining Canadian PR and Canadian Citizenship.

    Disadvantage

    1) This option is limited to getting a job/transfer in Detroit Metro area.
    2) Some days there may be delay at border if US is on high alert, so you need to be conservative and add time for border inspection to your commute.
    3) You have to file taxes in both US and Canada (but its not double taxes).
    ---
    Thanks for the good info. But there is some talk of implementing passports for travel between Canada and US for security reasons. This parameter should be part of the SWOT analysis also. See below for the excerpt of actual news story:

    Canadians shouldn't get too excited by Congress's decision to push back the Jan. 1, 2008, deadline requiring passports for all travellers entering the United States, Washington's top passport official warns.

    The new deadline of June 1, 2009, passed yesterday, is only the last possible date to implement the controversial plan, according to Frank Moss, the deputy assistant secretary for passport services in the U.S. State Department. And it could be, in fact, "significantly earlier."

    "The sooner it is done the better in terms of travel security," he said. "Don't think 'Oh, 17 months delay. I don't have to do anything about this.' Nothing's changing. It could very well be sooner than that and it will certainly change much sooner than that in terms of air travel to the United States."





    mirage
    03-31 09:22 PM
    You don't want to give any credit to 'Modi' than by your logic, Chandrababu Naidu shouldn't be give credit of 'Andhra' turnaround, Vajpayee shouldn't be given credit for Infrastructure turnaround...In India Politics & Politicians are so important, until they are pro-work, nothing works. UPA govt's attitude was sit & watch for Orders from 10 Janpath, so all of us know how they performed..A person who assists in the murder of people whom he has taken an oath to protect, cannot be really thinking about the country or for its development. By saying that HE is responsible for the development is clearly under estimating the capabilities of the gujrati people. The gujratis and rajasthanis are leaders in creating wealth and they did that for thousands of years successfully with world's envy before this ugly Indian came into picture. With your logic fodder eating Lalu is the smartest politician ever born....remember his $20Billion revenue he is bringing in from railways....never heard of from any sector...leave alone the ever losing railways...the only thing lalu can be given credit for is...not stopping the elite civil services managing directors and the academia (IIM, ISB) from doing their work...which they have been trying to for several decades....so I dont think the theory is right that one person (call him black spot of India) had done something....when each individual in the state is born with the blood which carries enterpreneurship.....kudos to all gujaratis....





    chanduv23
    03-16 01:07 PM
    Verify with another lawyer also, basically your experience starts only after you graduate (after getting your degree and not after finishing college ie say you completed ur degree in may 2000 and recieved your degree in Dec 2000, your experience prior to Dec 2000 may not count)

    Do verify this with a good lawyer.