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  • raydon
    08-16 10:14 AM
    What's the big deal about Shahrukh Khan getting interrogated? One of the top Malayali actors Mammooty had to go through the same experience because of his Muslim name, but he didn't make a big deal about it. Security procedures need to be followed, whether you are Shahrukh Khan or anyone else.





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  • johnmcdonald98
    04-23 01:48 PM
    I work for this company and I moved to the different state. Now my company has approved labor from the state I was before in with similar job as mine with similar degree as mine. What do you guys say, should I go for substitution? Lawyer says that even though I am in a different state, he can apply for this, but if it takes more than 6 months, he will file state change and I will be ok. Worst case is, I have to move, but only when its approved. What do you guys say, should I go for it?





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  • Legal
    07-23 12:50 PM
    Legal,

    I hope you are right. But I am not convinced because there was a statement in USCIS testimony that they used up 65% of their target in first 5 months. So even if they used up just 30% in next 5 months, there will be very few Visas left over. If their target did not include the spill overs, then you are right. But in that case, a part of the spill over should also go to EB3. So EB3 should open up again. I am also EB2. So I hope you are right. But as of now, it appears that either there are not many visas left over or it can be that USCIS target was very low.

    that EB3 quota has been used up for this fiscal and will re-open in October only. I assume you're wondering whether some FB spill over would go to EB3. If that's the case they wouldn't have announced EB3 quota is over.





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  • onemorecame
    06-26 04:53 PM
    I heard this group of people - from anti immigrant organizations, plan to intercept fedex trucks going into USCIS next month sort out 485 petitions and steal them and hide them in an undisclosed location.

    These people have only one aim in life. Not to allow 485 applications to reach USCIS.

    When USCIS does not recieve any 485 applications, they will retrogress. Then this group of people will stop stealing the petitions.
    :confused:



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  • paskal
    02-14 03:13 PM
    Since the lawsuit is about the getting the lost visa numbers it will be a good case.

    4. INA Section 203(e) provides that family-sponsored and employment-based preference visas be issued to eligible immigrants in the order in which a petition in behalf of each has been filed

    The law does not mention anywhere that u cannot recapture numbers.

    the law does say that the GC numbers expire if unused.
    once expired USCIS has no power to use them.
    you need to study this deeper if you want to consider a challenge.





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  • sledge_hammer
    02-16 08:27 AM
    Great find!

    I guess all the talk about suing USCIS will go down the toilet based on this excerpt from the article -

    "Assuming that under the plenary power doctrine noncitizens possess few, if any, constitutional protections with respect to entering the country, the implications of racial and national origin exclusions on citizens must be considered. Because the Constitution unquestionably protects the rights of citizens, citizens claiming injury have a better chance at successfully challenging the immigration laws than noncitizens directly affected by their operation. Courts have recognized that citizens in certain circumstances may challenge the lawfulness of immigration laws because of the impact on their rights."

    oguinan,

    Paragraph 1 of Article 1 establishes the definition of racial discrimination for the purpose of the document. Paragraphs 2 and 3 limit the operation of the convention. As to why paragraphs 2 & 3 were included, perhaps they were required to get countries to sign on to the convention.

    Here's a better link. Read under Modern Racial Exclusion, excerpts of which I have posted below.

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

    ...similarly situated persons (e.g., siblings and children of U.S. citizens) may face radically different waits for immigration depending on their country of origin, with accompanying racial impacts.

    The law created a new immigrant visa program that effectively represents affirmative action for white immigrants, a group that benefitted from preferential treatment under the national origins quota system until 1965. Congress, in an ironic twist of political jargon, established the "diversity" visa program, which though facially neutral prefers immigrants from nations populated primarily by white people.

    The link to the CERD report is here. The convention does not address the country limit directly as the convention expressly does not apply in that area, but it does show that there is awareness about the discrimination faced by immigrants. http://www.unhchr.ch/tbs/doc.nsf/(Symbol)/6d8aee7e356e6498c1256d4e00557f3b?Opendocument

    You can see that the UN panel is aware of the fact that racial discrimination manifests itself in disproportional representation (note the reference to the composition of the Supreme Court). It can be argued that the 7% country limit provides a pretext to discriminate against India/China/Mexico on the basis of ethnic or racial origin, and as such would run afoul of the convention.



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  • walking_dude
    02-13 02:21 PM
    To set matters right - all 3 of them will require a change in law. IV is trying to recapture ( pont 2) through Admin fixes, but its not certain. It needs an Exceutive Order from Pres. Bush to happen. Its not 100% certain at this stage that such an EO will be issued.

    Again, there are no guarantees which of the 3 will get passed or accepted. 1 & 2 benefit you more than 3. Will be combined effect of those be more than enough to offset 3 (which I doubt will ever happen since that will require a change in law) is up to anyone's imagination.

    ....





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  • chintu25
    09-24 01:43 PM
    I think we should ..........this would be helpful to their business too.

    EXCELLENT IDEA HERE are some CEO addresses we could send the emails too as well asking for their help



    Biotech
    Monsanto
    Hugh Grant,
    Chief Executive
    hugh.grant@monsanto.com

    Consulting
    Accenture
    Joe Forehand,
    Chief Executive
    joe.w.forehand@accenture.com

    Entertainment
    Disney
    George Mitchell, Chairman
    george.mitchell@piperrudnick.com

    Kodak
    Antonio Perez, CEO
    Antonio.Perez@kodak.com


    Internet
    EBay
    Douglas McCallum,
    Chief Executive Officer
    Douglas.McCallum@ebay.com

    Network Solution
    Champ Mitchell, Chief Executive Officer
    Cmitchell@networksolutions.com

    News
    Bloomberg
    Chief Executive Officer
    Mbloomberg@bloomberg.net

    Last but not the least

    United States
    George Bush
    president@whitehouse.gov
    http://www.whitehouse.gov



    GET BUSY GUYS

    Thanks



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  • ocpmachine
    09-17 11:21 AM
    When it took about 2 years spill over visas (2008 and 2009) for the EB2 India dates to move from April 2004 to Jan 2005, I am sure you could estimate how long it would take to cross a year.

    This is not entirely true, the spillovers in 2008 was given to PD's till mid 2006 and cases with FBI namecheck pending(PD's 2003/4/5) were not approved, so 2008 spillovers did not go fully to 2003/4/5 PD cases. However, in 2009 the spill overs go entirely to 2004 cases as FBI cleared name checks and due to pre-adjudication.

    So my take is it took part of 2008 spillovers + entire 2009 spillover numbers just to clear 2004 backlog, unless we have pre-perm Jan-Mar05 numbers we really cant logically predict the EB2 movement.

    Edit: oops, i see sachug22 already posted a similar reply, sorry for the duplicate post.





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  • Rohan99
    07-27 12:40 PM
    Devil's advocate - Immi_enthu

    Yes, you are right you will have good life but not in Florida may be in Guantanamo Bay detention camp becasue you are on H1 and doing Amway which is illegal. USCIS is going to check your name in Amway database before giving you Green Card and then detain you. It will be good life for you becasue you will get free food (you do not have to earn) and view of Guantanmo Bay with cuban cigar..wht else can you expect ...I envy your life

    We guys (non-amway) will be slogging for bread and butter but we like our freedom and travel to Hawaii in economy class and stay at Motel 6.

    your response?

    we dont need to work after 40 we will move to Florida with all the money we make , stop stalking people , stop working just enjoy everyday on the beach and big mansion bought from the savings from the regular job and live off of free $xxxx/month earnings we make out of Amway/Quixtar . Where as you guys will be slogging in 40's and 50's



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  • AllVNeedGcPc
    07-03 11:11 AM
    Deleted personal info as "Question was never answered"





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  • swo
    07-12 09:22 PM
    Well then what are you doing here in USA? Why you are not in Canada, Australia or wherever the f@@k you think is good and better than USA?

    As I mentioned, I love it in the States. But to love the States is not to say other places are not also very good. And when weighing your options between perpetual immigration and settling somewhere else, there might be value in considering other options. Which by the way, is the point of the this thread. Perhaps nuance is lost on someone of your obvious genius.

    Also, I was quoting from a set of facts related to The Economists quality of life Indexes. Helping to inform people. In addition to that, I've lived many, many years in all 3 countries.

    You on the other hand, contributed exactly what to the conversation?

    I hope you recall your message to me next time you complain about the US immigration system and they say "So? If you hate it so much, why don't you F@@K off back to where you came from?"



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  • satyasaich
    01-14 09:56 AM
    My take is BODY SHOPPING is killed.
    H1Bs can work at direct employer or as an employee of direct vendor at off site.

    No more small consulting firms sending resumes to direct vendors. May be in long term its good for H1Bs.

    Mostly Desi consulting firms will get hit. Outsourcing companies like TCS,Infosys are direct vendors to big clients. They will OK ..

    Not just desi consulting co's who makes money just by passing on resumes with a status of 'preferred vendor' / 'partner' etc; but also just look what the big names like Tek systems, Kforce, MOdisIT etc are doing ? they also should be brought to justice in this shameless game of layering / commission based on business . just do not blame only desi co's
    needless to say worst business practices of big 5 from india and i'm not supporting them in any manner, but my point is these american blood sucking layers also should be gone.





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  • syendu1
    01-14 04:32 PM
    Mr Syendu after replying to all abusers my mind has pretty much been fogged up. Contrary to oipinion i am also working while blogging so there is the added pressure.

    So now having read through your post (I appreciate no abuses) i get the jist of what you are saying so forgive me if i do not reply line by line so here is my answer

    EB1/EB2/EB3 rule was never disputed by me. That is law and will never chaange. i dont like it but i will go with what is the law.

    Yes i will NOT convert to EB2 because i have already spent time and energy for the first GC app. (In case any abuser is wondering the gc was paid by company so it is not the lack of funds or lack of companies willing to file for EB2 for me which is stopping me). Sure people are converting and all the best to them, but my point is what about people who cannot convert. Maybe someone has got 2 kids and single earner and he does not have the time or money to do a masters. Maybe some one is so tired working a job which is busting his or her ass off and has no energy to do that. If we think about it there are a whole lot of reasons why a person cannot do a masters. And to that complexities there are very few companies which are willing to sponser EB2 nowadays

    So my plain speak is that just because every member in IV has a masters and is in EB2 or can do masters and convert from EB3 to EB2 does not mean that the majority of people out there can do the same so IV members giving advises like below ar enot only impracticle but also broder on hig handedness. Their contention is that we did it why can you not. If you cannot you must be a low skilled person who has scrapped through into the country and deserves to wait a long time for a visa.

    Please remember that EB2 or EB3 is not a straighjacket and theri are people in both the groups who do not belong there and belong in the other group


    Just for information i do have a masters

    Visa recapture and not counting the dependents will help the immigration community only if it happens. I see nothing on the horizon which says that it will happen. As another iV member pointed out no immigration friendly bill has come for debate in the last 4 years and that is with a democratic majority which is immigration friendly as some IV members like to point out. So with such a situation piece meal efforts must be made but piece meal efforst should be directed to the heavily retorgressed community because teh big bills if and hwne they happen will fololow teh regular rule anyway

    And finally i would like to say you have been most polite and respectfull and i am honoured to discuss thiongs with you

    JAI HIND

    well, the people who are in eb3 and cannot do anything about it, for reasons that you quoted, i agree, it is a pity. but, you know what, "life is not fair".

    it is a good thing u worry about others, and want to help them. however, when u look at those bills you mentioned and none getting passed. yes, it may look like a waste to do anything. however, we need to keep trying. with the limited resources we have, i think we should focus on "things/bills/issues" the IMPACT most people. doing something only for eb3 or eb2, in my opinion, would be even more difficult, given the progress legal immigration has made in this country. so, may be, u cud help in getting the things done that impact more people.

    and it is ur decision not to go eb2 (even, with the resources you mentioned). have to admit, thats strange. may be u r like me, who is not obsessed with a gc. however, we live in a society, in a system (however flawed it may be), and we all try to live by those rules, try to use opportunities that are available legally and make our lives, a little better.

    i came to this country in 1999, i have a MS, PHD from a reputed Comp Sci program. Many people who (still) dont know much about Computer Sci. came into the dept, got their MS and have been very successful, making tons of money. i am a guy whose bs, ms and phd is in Comp Sci. i think u will find may 2 or 3 guz out of may 10, who have a degree in CS, particularly in the undergrad. i used to be very mad at all the electrical, mechanical etc guz getting software jobs. i used to hate almost all software professionals coz i thought i had to work very had for my ranks, on my gpa and on my degrees and see there are people who are making as much as i do, with none of that. slowly, but surely, i have come to terms that "life is not fair" and then, what if fellow human beings can get good jobs, whats wrong with that?? is how i started to see it, (as long as they are good enough).

    what i am trying to say is please think in a global scale and help solve issues which can impact the MOST number of people and not just a minority. coz, the exceptions u stated, will be there for any issue.

    Jai Hind



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  • ita
    03-31 07:00 PM
    Even Muslims in Gujarat have started realizing congress is good for nothing.Congress just makes promises that it never keeps up.Uses opportunistic politics.well of course you create opportunities that are helpful to people which will bring prosperity along with awareness.Increased awareness among masses means end to dynastic rule.So why keep up promises and shoot your self right?

    On the other hand Modi who doesn't even need Muslim votes in Gujarat has worked for overall development. In terms of this Imam from Gujarat;
    'Seeing him work for two or three years after the riots, Muslims too felt they had an opportunity to prosper in the peaceful environment that Modi government was creating. He has provided an atmosphere which is conducive for those who want to trade peacefully in Gujarat. Therefore, intelligent Muslims supported BJP during 2007 Assembly polls'

    Apparently there this group called ,'Tablighis ' who have foreign funding ( which was of course was checked by Modi govt) working towards keeping the hatred alive.It's anybody's guess who benefits from such hatred apart from congress party.

    This guy also says:
    'But let me tell you, projection of 2002 riots was much more grave than the situation actually was. '


    I agree with you that though a guy has a great leadership skills, commanding speech, great administartive and management skills, if he committed/aided the crime, he has no right to hold the office

    But you know congress party that orchestrated sikh riots went to form govt ,Rajiv Gandhi speaking about sikh riots said 'When a banyan tree falls earth will shake' then he went to be country's PM indulging in all kinds of scams.Now his wife,children are holding offices.Congress party guys directly involved in the attacks also keep getting party tickets.That OK?

    Agree hard work,entrepreneurship and other such qualities are in gujaratis's blood.Intersting how until Modi that time of prosperity never came.

    Most of Telugu people are in I.T , but time for Hyd to get onto International map didn't come until CBN.Again during the current Congress regime in Hyd that time kind of took back step.

    Name of that time is good governance.

    Well said. It is similar to Bill Clinton takes credit for revolution in IT area. It is all time. Gujarat prospered becuse of successful bussiness minded people. Growth was aided by high demand for export. I agree with you that though a guy has a great leadership skills, commanding speech, great administartive and management skills, if he commited/aided the crime, he has no right to hold the office. See the Alska Senator..He was one of the most successful politician and elected many times from alska for Senate. Now he is in jail at his very old age, just becuse he got money from oil comapines to renovate his house.





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  • tikka
    07-03 11:48 PM
    http://digg.com/politics/Rep_Lofgren_Issues_Statement_on_Updated_Visa_Bulle tin - 229 DIGS

    http://digg.com/politics/U_S_Withdraws_Offer_of_60_000_Job_Based_Visas_Ange ring_Immigration_Lawyer/who 40 DIGS

    http://digg.com/politics/USCIS_Visa_scandal - 31 DIGS


    please DIGG!!



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  • manderson
    10-18 12:25 PM
    http://www.theglobeandmail.com/servlet/story/LAC.20061018.BOARDIMM16/TPStory/National (http://www.theglobeandmail.com/servlet/story/LAC.20061018.BOARDIMM16/TPStory/National)

    Immigration board short of staff as backlog grows


    GLORIA GALLOWAY

    OTTAWA -- The number of immigrants and refugees waiting for permission to stay in Canada has grown since the Conservatives took power last February, the chairman of the Immigration and Refugee Board of Canada told a Commons committee yesterday.
    "This year, the IRB has a complement of 156 members. As of today, we have 40 vacancies," Jean-Guy Fleury said at a meeting of a parliamentary immigration committee.
    When he appeared before the committee in May, Mr. Fleury said he was optimistic that the backlog of cases would drop below 20,000. And it did fall to 19,800 a short time later, he said yesterday.
    But, because there are not enough people to hear cases, it has since climbed to 20,500 and Mr. Fleury said he expects it will quickly hit 24,500. The government, meanwhile, has made just eight new appointments and 12 reappointments since the January election, he said.
    "In the absence of appointments and reappointments, I cannot fulfill my promises to this committee on processing times and innovative reforms," Mr. Fleury said.
    Lesley Harmer, spokesperson for Immigration Minister Monte Solberg, said the minister has taken several steps to get the positions filled.
    "We have brought in reforms that have reduced the process for applicants down from eight months to four months," Ms. Harmer said.
    "As well, at the minister's urging, to cast the net wide and ensure potential candidates are informed, an advertisement was placed in the Canada Gazette and national newspapers to draw in a new pool of applicants for openings on the board. This resulted in more than 350 new candidates. We're also continuing to look for ways to reform the system and get competent, professional members on the board."
    But opposition members who sit on the immigration committee said Mr. Solberg must act quickly to fill the vacancies.
    "I think it is a very serious issue," said Bill Siksay, the NDP immigration critic. "The vacancies mean that the work's not getting done, that important decisions aren't being made, that people are being left in limbo."
    Mr. Fleury said he has met with the minister about eight times since the election and that the only reason for those meetings is to discuss appointments, Mr. Siksay said. "So I think that the minister is a barrier in all of this."
    Liberal immigration critic, Raymonde Folco, a former member of the Immigration and Refugee Board, said the backlog that her party started to reduce is now increasing again.
    "I know from experience that it takes an awful lot of people to take care of these hundreds and hundreds of refugee claimants who come in every year," Ms. Folco said.
    "Just in terms of mathematics, when you divide the number of immigration judges we have now by the number of cases that come in, you realize that gives such a load to people that they can't support it."
    Meili Faille, the Bloc's immigration critic, also blamed the minister and the Conservative government for the problem.
    There have been many complaints from lawyers, Ms. Faille said, "but also from people in our constituencies where their hearings are being postponed and delayed and what the IRB revealed to us this morning is that backlogs are increasing since the Conservatives have been in place."





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  • kshitijnt
    03-29 11:23 PM
    I am not sure what vision Mr.Advani has for India. May be at this age he might have better vision than other people in the same league.

    Lets not bring Age into the picture. Manmohan is not much younger either and has had 2 heart surgeries so far. Economy is not the PMs only job. The real power rests with Sonia and my personal opinion is that Advani is a lot more competent than her. Manmohan is just a mask of Congress. "Mukhvta".





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  • praveenuppaluri
    09-03 11:27 AM
    I am not a congress supporter and I am definitely not a YSR fan. He was a very powerful man in AP and look at the way he died.. horrible death. it sure is very sad that 5 people died that way. may their souls rest in peace.





    samay
    07-15 05:36 PM
    I have a general question on an option in case of I-485 denial. I know that if underlying I-140 gets denied, I-485 is also denied. My question : is the vice versa true. ? If I-485 gets denied, will I-140 also gets denied.?

    If I-485 is denied (AC21 issue for example), can an applicant choose Consular processing on existing I-140, assuming that it is not revoked? Just like if COS is not granted, applicant leaves country and goes to consulate for stamping ?

    I do not know the specific facts of your case but the denial of I-485 can be appealed successfully. Therefore if your I-485 gets denied your underlying I-140 does not get denied.





    snram4
    01-24 02:24 PM
    Just because one guy is pointing out fraud in H1b he is not anti immigrant. Can you call entire congress is anti immigrant just for passing TARP restriction unanimously? But still we are optimistic of getting support from congress for EB reform. 99% of H1bs will not be impacted by this memo if that is implemented properly. For example even if USCIS does not approve h1b because he is having multiple layers of H1b still that position will be open and that can be filled by H1b person who is placed directly. The person who impacted by this memo will suffer a few weeks and he will find another job. Basically it will not impact H1b program or H1b persons. Even after the memo many H1bs were approved with third party consulting. Can you tell any denial based on the memo? But I am seeing many RFEs for H1b applications without client letter. That is normal and no one complaints about that

    If you see JoeF in that thread, he is more of an anti-immigrant. There are many in our community who are happy at the plight of their fellow countrymen. That is no reason that people should support this non-sense memo.

    In IV, members are more knowledgeable than those on that particular thread from Murthy forum. People are so ignorant that they are agreeing to whatever that JoeF( anti ) is saying. IV members are much smarter than that.