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  • BharatPremi
    09-24 04:54 PM
    Not sure what you are talking about. There are two rules as follows

    28.6% EB visas for each category EB1/EB2/EB3 and 7.1% for EB4/EB5

    Ans: These numbers are meant for "Assigning Visa numbers to applications" BUT " not to grant Visa / approve 485 / Order Physical Green card"

    7% limit for each country in EB category (India will get 9800 visa in all EB1-5 categories)
    + 2% dependent limit for each country in EB category


    Ans: These numbers are meant for "grant Visa / approve 485 / Order Physical Green card" BUT " not to Assign Visa numbers to applications"

    To enforce the limit each EB subcategory (EB1/EB2/EB3/EB4/EB5) enforces country cap, no more than 2822 visa for India in EB1/EB2/EB3 categories.

    Ans: this concept 0.07X 0.286 - It is a false concept.
    The limit can be extended when there are leftover visas (this is what has extended the limit for EB1/EB2/EB3 India for last few years).

    /\ my answers





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  • grupak
    12-13 01:40 PM
    "Fairness or not is not the issue. Question is can it be challenged in a court? "

    --I guess fairness is the issue and that is what you are asking for by challenging the court.


    "As an unrelated side note, the current quota system is something that has evolved from past policies some of which was used to restrict citizens of certain countries."

    --To some extent,there is truth to what you said. And it is there prerogative. There could be many geopolitical,societal, economic and national security reasons behind who they restrict and who they allow.

    The OP was whether the country quota is constitutional. My interest was to find out if the current laws and regulations are violated by the country quota.
    As lazycis pointed out, SC seems to uphold the current situation.

    I was not looking into arguing in a court whether a particular regulation is fair or not. The law is what it is (what I or you consider fair or unfair is immaterial), question was : Is the law being implemented or not? Seems like it is.

    To change the law, we as IV are lobbying and meeting lawmakers already.

    Unless a constitutional lawyer says otherwise, I see no reason to pursue the country quota in a court, considering lazycis post.





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  • mbartosik
    02-13 04:45 PM
    The level of commitment for those that would be plaintiffs, unlike the MI DL case would be a lot more, because USCIS could attempt to adjudicate their cases aggressively. The level of money would be significant. Think $200 per hour, for many man months of work. Without at least $50K in the pot with plenty more available I wouldn't even entertain it.

    The level of time commitment is probably equivalent to obtaining 500 letters to the president.

    So how about we have a pole.

    First question is how much you are willing to contribute?


    Are you willing to be a plaintiff with a $10K penalty for withdrawing?

    Let's make that last question only open to those who have obtained or will obtain at least a 100 letters, and have already demonstrated willingness to travel to court hearings and depositions (like attending the DC rally and meeting law makers etc.).


    I suspect that less than 10 people are qualified to vote to be plaintiffs, based on my commitment criteria and some of them already have GC or will likely have soon.

    To put the effort into context both Walking_Dude and myself put a lot of effort into MI DL issue. We needed people with legal standing to sue. The two we had dropped out late, one on the day before filing complaint. I had put at least 40 hours working on this (but being in NY I don't have legal standing).

    I've done litigation before, and done some Pro Se (latin on behalf of self - no attorney), believe me the litigation that you are talking of requires considerable time and commitment (unlike the MI DL issue which only required a few hours of the plaintiffs).

    It would cut us off from USCIS. Once litigation starts you are burning your bridges. I can see only one practical way to do litigation, that is for an small group with no clear IV affiliation to do it, that instantly eliminates any committed members.

    So let's stop talking about this and invest in letters.





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  • eb3_nepa
    10-24 01:18 PM
    This discussion was started by EXACTLY like a "HOWSTUFFWORKS" quesion. Unforutunately it has ballooned into a "Ethics" question!!



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  • dealsnet
    09-04 01:06 PM
    Are you wearing INDIAN TIE (Langota OR Kovanam or kaupeenam) only in office ???

    Are you milking every day?

    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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  • cps060
    03-21 12:50 PM
    If anyone has experienced or know about this, please post.



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  • katrina
    02-01 02:34 PM
    US news has covered a book by David Heenan -- "Flight Capital" that essentially deals with the fact that high powered immigrants are leaving this country -- for whatever reason -- and how its bad for America. BAD FOR AMERICA. forget about it being bad of GC aspirants. ITS BAD FOR AMERICA. And we have one of america's own high powered former CEO saying that

    http://www.flight-capital.com/

    This man has no vested interested in talking about this. Obviously he does not need a GC and he is not on H1. He makes our case. How anti-immigration congressional measure are hurting America as a nation as much as it hurts aspiring immigrants.

    This is an independent non-partisan source who can be quoted in our cause.

    http://www.greatandhra.com/business/greencard_usa.html

    and there is another good article with the same topic.

    Check out this article in the Wall Street Journal - by Gary Becker, a Nobel Price Winner..alas this administration in immune to such logic

    Give Us Your Skilled Masses

    By GARY S. BECKER
    November 30, 2005; Page A18

    With border security and proposals for a guest-worker program back on the front page, it is vital that the U.S. -- in its effort to cope with undocumented workers -- does not overlook legal immigration. The number of people allowed in is far too small, posing a significant problem for the economy in the years ahead. Only 140,000 green cards are issued annually, with the result that scientists, engineers and other highly skilled workers often must wait years before receiving the ticket allowing them to stay permanently in the U.S.

    An alternate route for highly skilled professionals -- especially information technology workers -- has been temporary H-1B visas, good for specific jobs for three years with the possibility of one renewal. But Congress foolishly cut the annual quota of H-1B visas in 2003 from almost 200,000 to well under 100,000. The small quota of 65,000 for the current fiscal year that began on Oct. 1 is already exhausted!

    This is mistaken policy. The right approach would be to greatly increase the number of entry permits to highly skilled professionals and eliminate the H-1B program, so that all such visas became permanent. Skilled immigrants such as engineers and scientists are in fields not attracting many Americans, and they work in IT industries, such as computers and biotech, which have become the backbone of the economy. Many of the entrepreneurs and higher-level employees in Silicon Valley were born overseas. These immigrants create jobs and opportunities for native-born Americans of all types and levels of skills.

    So it seems like a win-win situation. Permanent rather than temporary admissions of the H-1B type have many advantages. Foreign professionals would make a greater commitment to becoming part of American culture and to eventually becoming citizens, rather than forming separate enclaves in the expectation they are here only temporarily. They would also be more concerned with advancing in the American economy and less likely to abscond with the intellectual property of American companies -- property that could help them advance in their countries of origin.

    Basically, I am proposing that H-1B visas be folded into a much larger, employment-based green card program with the emphasis on skilled workers. The annual quota should be multiplied many times beyond present limits, and there should be no upper bound on the numbers from any single country. Such upper bounds place large countries like India and China, with many highly qualified professionals, at a considerable and unfair disadvantage -- at no gain to the U.S.

    * * *
    To be sure, the annual admission of a million or more highly skilled workers such as engineers and scientists would lower the earnings of the American workers they compete against. The opposition from competing American workers is probably the main reason for the sharp restrictions on the number of immigrant workers admitted today. That opposition is understandable, but does not make it good for the country as a whole.

    Doesn't the U.S. clearly benefit if, for example, India's government spends a lot on the highly esteemed Indian Institutes of Technology to train scientists and engineers who leave to work in America? It certainly appears that way to the sending countries, many of which protest against this emigration by calling it a "brain drain."

    Yet the migration of workers, like free trade in goods, is not a zero sum game, but one that usually benefits the sending and the receiving country. Even if many immigrants do not return home to the nations that trained them, they send back remittances that are often sizeable; and some do return to start businesses.

    Experience shows that countries providing a good economic and political environment can attract back many of the skilled men and women who have previously left. Whether they return or not, they gain knowledge about modern technologies that becomes more easily incorporated into the production of their native countries.

    Experience also shows that if America does not accept greatly increased numbers of highly skilled professionals, they might go elsewhere: Canada and Australia, to take two examples, are actively recruiting IT professionals.

    Since earnings are much higher in the U.S., many skilled immigrants would prefer to come here. But if they cannot, they may compete against us through outsourcing and similar forms of international trade in services. The U.S. would be much better off by having such skilled workers become residents and citizens -- thus contributing to our productivity, culture, tax revenues and education rather than to the productivity and tax revenues of other countries.

    * * *
    I do, however, advocate that we be careful about admitting students and skilled workers from countries that have produced many terrorists, such as Saudi Arabia and Pakistan. My attitude may be dismissed as religious "profiling," but intelligent and fact-based profiling is essential in the war against terror. And terrorists come from a relatively small number of countries and backgrounds, unfortunately mainly of the Islamic faith. But the legitimate concern about admitting terrorists should not be allowed, as it is now doing, to deny or discourage the admission of skilled immigrants who pose little terrorist threat.

    Nothing in my discussion should be interpreted as arguing against the admission of unskilled immigrants. Many of these individuals also turn out to be ambitious and hard-working and make fine contributions to American life. But if the number to be admitted is subject to political and other limits, there is a strong case for giving preference to skilled immigrants for the reasons I have indicated.

    Other countries, too, should liberalize their policies toward the immigration of skilled workers. I particularly think of Japan and Germany, both countries that have rapidly aging, and soon to be declining, populations that are not sympathetic (especially Japan) to absorbing many immigrants. These are decisions they have to make. But America still has a major advantage in attracting skilled workers, because this is the preferred destination of the vast majority of them. So why not take advantage of their preference to come here, rather than force them to look elsewhere?

    Mr. Becker, the 1992 Nobel laureate in economics, is University Professor of Economics and Sociology at the University of Chicago and the Rose-Marie and Jack R. Anderson Senior Fellow at Stanford's Hoover Institution.





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  • angelina
    07-10 05:15 PM
    I am a Canadian citizen, from my experience Canada government does respect more for immigrants, health system is much better, and more elites moved there for higher quality of living standards.

    There are also lots of good companies in Canada, where I have gained GOOD experiences.

    For professionals like us, at least Canadian government treat us with dignity and as a human being, not like some illegal labour worker lurking in US, we are all LEGAL and proved no local candidates for these jobs. I have been exploited by my company for almost 4 years, current salary is 10K less then standard, even though I have 14 years of working experiences, when it comes to promotion, my boss prefer a fresh graduates and want me to teach him so he can get promoted on top of me.

    USICS Recent unconscionable retrogression really top off all previous deeds. We are educated high professionals, it is understable if immigrants are not welcome, but can they do it in a professional way? If so, why not just stop accepting immigration applications? why still accepting our money and leave us in this limbo situation? And creating all the excuses AFTER taking our money?

    We are dealing with the government department which suppose to be all professionals and educated people. And this is not some third world countries which law is not a concern, or anybody can be bribed to do anything they want to the public.

    Feeling numb should be the best way to deal with all these madness, and fellow professionals I keep praying for us and remember dont let it gets to you emotionally, there will always be a way and everything happens for a reason.

    God is watching, He knows and will be the judge and bless all of us.

    :)



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  • Aah_GC
    08-15 09:35 PM
    I think we should take the SRK-the-global-icon factor out of the equation and just focus on the ridiculous system that is in place. There were other immigration officers attesting SRK's identity, he showed the officer his event invitation -- what else do you need? Does the whole Muslim world have to pay a price for 9/11? Should the airports around the world put in a 2 hour interrogation for anyone with last name as Bush?





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  • sk2006
    08-15 03:56 PM
    Your argument sounds like "Yes we do harass our own people here. So there is nothing wrong in harassing other country people"

    Yes people feel harassed but security norms are there for a reason.
    They are not magicians who would look at the face of the person and find if he is a good guy or not. Are they?

    Read this link:

    Don�€™t make a big deal of Shah Rukh�€™s detention:One For The Road:Anand Soondas's blog-The Times Of India (http://blogs.timesofindia.indiatimes.com/onefortheroad/entry/don-t-make-a-big)

    quote from this link:
    "Interestingly, the same day that SRK was detained in Newark, there came news that the great Bob Dylan, who was wandering around Long Branch, near New York City, sometime back, was asked for an ID by two cops too young to know who he really was. When he couldn’t furnish one, he was taken right back to the resort where he was putting up and staff there vouched for him. And America is Dylan’s own country."
    .
    .
    "There are two layers to the SRK incident and we must peel them off with care. One, it is quite ridiculous that Indians feel their icons and superstars are everybody’s icons and superstars. What the heck? If Jet Li came to India tomorrow, the man on the street here would probably call him ‘`Chinky’’ and not give a second look. For that matter, what if G�rard Depardieu came travelling. How many would know him? Matt Damon was here recently and there wasn’t a traffic jam in Delhi. These guys are huge back home. Moreover, America doesn’t have a culture of fawning the way India has. Mike Tyson was treated like a common rapist and spent most part of his youth in the slammer. Winona Ryder was sentenced to a three-year probation for shoplifting. Chinese born Hollywood actress Bai Ling was fined US 200 dollars for petty theft.

    More importantly, we are actually aggrieved because we are ``not like them’’. Well, guess what. It isn’t a virtue. We should be like them and take the security of our country and its people with solemn, no-nonsense professionalism.
    .
    .
    We are just whimpering over here like hurt puppies because we feel, ``Oh, but we don’t do it to them’’. Oh no, we don’t. And it’s a scandal. We should.
    .
    .
    So instead of making SRK’s detention an issue, we should think of upgrading our own security set-up.
    There’s a lesson in this. And it is a positive one. A day after our own 26/11, there was hardly any security at CST in Mumbai. It can’t get worse than that. The bottom line: Stop fawning, shed the colonial hangover and make no compromise where the country’s safety is concerned."



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  • mbahunting
    09-24 04:41 PM
    What are the chances of someone like me with a PD of Nov 06 and who did not file 485 in 07. Will I be able to file 485 anytime soon? I am wondering how many of people like me are waiting - that may impact some of our date calculations based on the 485 numbers released by USCIS? Any insights?





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  • sac-r-ten
    07-21 12:17 PM
    Did it for 4 years and quit in 2007... lost 20K and 95% of my friends...

    Quixtar is not bad but the people running sub-businesses (such as BWW etc) by pushing tapes and books on you make it HELL

    Stay Away unless you are willing to lose a lot to gain a few!!

    PEACE

    got into it, pulled off 3 weeks later. they refunded my investment w/o any issue. but yes never lost that persons contact who got friendly with me for this and we remain good family friends. so there are exceptions.



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  • amoljak
    10-24 08:55 AM
    Thanks for the reply Amoljak,

    Now if you can please remove all the sarcasm and explain this in more detail in laymen's terms, it would really help me. I mean how is it that atleast 10 members on this site have mentioned people selling and buying LCs LEGALLY! Were they bluffing or are we reading into the law wrongly?

    Thanks

    Lets say you have a company. You apply for some-one's labor. The labor is approved. Then the guy leaves. So you have one approved labor. You can then ask me to give you a "gift" of lets say $30,000 and in due course you will employ me in that position. Technically this is illegal, just like it is to take campaign contributions to vote in a certain way...But in practice it is hard to establish quid pro quo in these cases. More so when the person is willingly paying the money and is not willing to turn on the seller. So people who say you can buy LCs legally are WRONG.





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  • brb2
    06-21 04:52 PM
    Labor substitution in my opinion is less that 1% of cases for some one jumping the line. The main problem is lack of visa numbers and processing delays. We are discussing a topic which will have little affect if any on our own GC process. It is a drop in the ocean to say the least.

    I support its elimination because of the fraud that takes place. In the past I have got a pm on another immigration web site asking if I knew anyone who could "sell" them an approved labor!



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  • radhay
    05-29 11:25 AM
    60K EB2-I and 60K EB3-I pending so far. Does this mean Eb2 and EB3 dates will move together from now on for India?





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  • styrum
    02-12 06:51 PM
    :DI just got home from work and logged in and I thought I was dreaming !!!!!
    My priority date is June 2003!!!!! I already have approved petition and AOS. When should I be expeting my GC in the mail considering no need to wait for FBI check any more ?

    Hold your horses, brother. Remember that the official position of USCIS now is: "Oh we got so many applications last June-August, that it will be by the end of 2010 when maybe we will return to processing times we had before last summer". So now even with PD current I don't even know anymore when we actually will get it. Also remember that there are rumors they threw people onto processing citizenship applications because that issue got some public visibility. Guess from where they took thos adjudicators. You are right - from 485 processing.:cool:



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  • gc_on_demand
    09-24 03:42 PM
    What if EB2 ROW person has labor approved but I 140 pending . because of C person can apply for 485 but will not consume visas.

    So if DOS and USCIS decides and if USCIS loose focus from approving Eb2 ROW and EB1 case for a while and technically create no demand for them leaving more spill to Eb2 india and china that can make Eb2 india C.

    Don't forget that if date is current and still USCIS keep your AOS pending some how you cannot do anything..





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  • beautifulMind
    07-16 02:47 PM
    I am currently working as a Programmer Analyst on EB3 and Using my EAD through 485.

    I plan to convert to a new postition that of Senior Applications Developer in the same company where the job duties will be atleast 50% different from my existing position

    But here is the problem If i am using my EAd obtained from Eb3 program Analyst position then can I work on another position which is 50% different from my existing position as per AC21 rules





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  • alisa
    02-18 11:55 AM
    I have been following your arguments and I get a sense that though not explicitly anti immigrants, you are opposed to any concentration of EB immigrants from any particular place..


    I value Mr Unitednations posts as he provides us with the opposing point of view. That is absolutely critical. It would help us strategize and plan.

    This has been a very valueable thread. It would be very nice if something positive can result from this. (I can't think of anything. Help me out if you can.)





    tikka
    07-03 11:21 PM
    http://digg.com/politics/USCIS_Visa_scandal (http://digg.com/politics/USCIS_Visa_scandal)


    Guys, we are all computer friendly unlike our previous generation,lets use the internet to the fullest.

    Please dig the link so ppl understand the scenario and making the news sensational but true helps!! Please add your comments to the blog ,hopefully,not 2 frustrated :)

    pls check...





    Jaime
    05-12 11:59 PM
    Well, I have been on this forum for over a year, and I have been doing my research, you guys have given me a great idea...immigrating to India. I know that right now India might not be as comfortable as Laguna Beach, (but then agan 99% of the world isn't). I think that if I go to India now, work hard, endure a bit of discomfort and do my best that I will be a millionaire in my later years, whereas in the U.S. thigns are declining, and I will have grandkids before I get a Green Card.

    This is where India Green Card comes in. So, I am looking for a job in India (non-tech, but rather business/marketing related).I would appreciate any help that you guys could give me. I have researched that I have to find a job and show a contract of employment from the sponsoring company in India, as well as an appointment letter from the sponsoring organization and proof that the organization is registered in India.

    Then it allpoints out tome having to apply for an employment visa at the consulate with jurisdiction over my place of residence, and I am awae that my visa may require clearance by the Ministry of Home Affairs or Reserve Bank of India before the visa is issued. My question is on how to contact the MHA for this? Do any of you have their phone/fax numberor address?

    Further, I found that in India a foreign national may not change employers. If the foreign national wishes to change employers, the foreign national must leave the country and re-enter with a new visa for that particular new employer. So, I am looking for something really steady before I even set foot in India, and that's why I need your all's help!!!

    Since the Ministry of Home Affairs (MHA) reserves discretion to determine the period of validity of the visa, it could really be good for a few months or years, impossible to know before applying. The good thing is that the Foreign Registration Regional Office (FRRO) may grant extensions of up to three months. Upon approval by the MHA, the FRRO may grant an extension of up to one year. Thereafter, the FRRO may grant extensions for four more years on a year-to-year basis.

    I am so excited and confused at the same time. India is my future, and I am going to need a lot of your help IV friends! At least I speak English, but I am also thinking of getting a pivate Hindi tutor. Any thoughts woud be VERY VERY appreciated! Thanks!!!!