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  • pappu
    01-13 02:08 PM
    Slow movement as expected. Hope dates move faster in the months ahead.





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  • lazycis
    12-31 02:33 PM
    "If there is a God, He is infinitely incomprehensible, since, having, neither parts nor limits, He has no affinity to us. We are then incapable of knowing either what He is or if He is ... you must wager. It is not optional. You are embarked. Which will you choose then? Let us weigh the gain and the loss in wagering that God is. Let us estimate these two chances. If you gain, you gain all; if you lose, you lose nothing. Wager then without hesitation that he is."
    Blaise Pascal

    The chance is 50/50.





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  • arunmohan
    09-11 06:26 PM
    I bought a house in June 2005.





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  • EB3_SEP04
    05-29 11:25 AM
    This is the third time an Indian American has won the competition in a row.

    BTW, the huge number of Indian American partcipants is not due to the fact that " Indian Americans" are brilliant... These children (at least most) are partcipating not becasue they have talent but they are being forced to by the aspirations of their parents.

    All the Indian American children are crying, sitting on the lap of their parents etc... See any other kid who lost, they were cool.

    How do you support your statement? and how many Bee contestants have you met/talked to?

    in studies you can not force someone, you can only help them stay focused, having lived in NJ for 6-7 years i have met dozens of india american teenagers, very rarely have i heard them going to so caled "teenage clubs" where they do all the kinds of nasty stuff. teaching kids how to stay away from things that would hurt them in the long run, and spending enough time with them is what most immigrant(not just indians) parents do.

    15 years from now when you see more than 50% neurosurgens are of indian origin, please stand at times square with a banner "these neurosurgens are not brilliant but they were forced by their parents" :p



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  • Legal
    06-12 02:00 PM
    This is my thought process (also referred by Ron G):


    July 2007 brought in approximately 500K 485 cases.

    We do not know how many cases were pending as of June 2007.

    Fiscal year 2007-2008 USCIS used over 140K EB VISA numbers (I think it was around 155K).
    Fiscal year 2008-2009 USCIS will use atleast 140K EB VISA numbers

    so, 500K - 300K = 200K.

    Assuming USICS approval rate is 85%; 75K of 500K are denied.

    200K - 75K = 125K EB cases pending from the July 2007 cases.

    Additions: from all current categories - may be 25 K in 2 years?

    So, 150 K plus whatever that was pending as of June 2007.

    So next fiscal year, 2009 if USCIS uses the quota 140 K, most or all of the 2007 filings will be cleared. If not EB3 I, definitely EB2 I and C, EB3 ROW will be cleared.

    Depending on new filings, EB3 I might retrogress but retrogression might come within 3-4 years instead of current 8 years.

    I strongly believe, beginning Jan 2010, dates for EB2 (I and C) will move forward heaps and bounds followed by EB3 ROW.

    "Law is an ass".

    One potential loophole (I realize it could be wishful thinking on our part) is how the current law is interpreted. Let's say USCIS interprets the current law in such way that preadjudcated cases have to be approved before taking in new cases, then the country cap hurdle could be overcome without legislation.

    With the current economic situation, tightening of PERM, etc new EB-2 row applications are likely to slow down further. At the most, new approvals will have to be delayed by 12 months or less.

    Could it be legally challenged? Could someone bring a lawsuit to force USCIS to stop issuing GCs to people who have been waiting 10+ yrs or more? possible. I doubt anyone can force them to cancel the already issued GCs.

    Then USCIS could say they have enough preadjudicated cases, and are not able to adjudicate until they clear the backlog.;)

    For the politicians and USCIS this is a much better way to handle India EB backlog than to "issue several hudred thousands of foreign laborers immigrant visas when American citizens are losing jobs in millions" through recapture bill.

    I feel like I just wrote a short story.:)

    Members, feel free to comment.





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  • eb_retrogession
    02-28 10:27 AM
    Dear members,

    Thank you for all your support thus far.

    IV currently has around 950 registered members. If every member were to contribute $100 each, we should have close to 100K today. We think that is a very realistic picture. In fact we were banking on that kind of support when we started this effort. We are not even close to that number.

    Guys, the core team of IV have really slogged to reach a point where our voices are being heard. By not contributing, please don't do a dis-service to yourselves and all others involved.

    This is an appeal to all the members that haven't contributed yet, PLEASE CONTRIBUTE AT LEAST $100. Most of EB workers have decent jobs and enjoy a decent lifestyle. $100 is not too much to ask, for what is at stake right now. Given the number of people affected, one would think acheiving the contribution target is a piece of cake. PLEASE STEP UP NOW!!

    We are relying on this support to move forward. There may not be any other chance for your issues to be heard at the level we are trying.
    If you have any questions regarding operational issues or need more convincing, please send a note to info@immigrationvoice.org

    For the effort we are putting, atleast give us a surviving chance to fight the battle!!



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  • eb3_nepa
    05-11 11:43 AM
    I'll believe it when i see it.

    I have heard and seen far too many such "stunts" and public displays to be excited just yet.





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  • ars01
    07-09 01:36 PM
    From the same memorandum:
    "Accordingly, if the employer withdraws the approved Form I-140 on or after the date that the Form I-485 has been pending 180 days, the approved Form I-140 shall remain valid under the provisions of �106(c) of AC21. It is expected that the alien will have submitted evidence to the office having jurisdiction over the pending Form I-485 that the new offer of employment is in the same or similar occupational classification as the offer of employment for which the petition was filed. Accordingly, if the underlying approved Form I-140 is withdrawn, and the alien has not submitted evidence of a new qualifying offer of employment, the adjudicating officer must issue a Notice of Intent to Deny the pending Form I-485. See 8 CFR 103.2(b)(16)(i). If the evidence of a new qualifying offer of employment submitted in response to the Notice of Intent to Deny is timely filed and it appears that the alien has a new offer of employment in the same or similar occupation, the BCIS may consider the approved Form I-140 to remain valid with respect to the new offer of employment and may continue regular processing of the Form I-485."

    One is ok even if an apporved I-140 is withdrawn as long as we have notified USCIS. This is a memo from August 2003. Here is the link:
    http://www.uscis.gov/files/pressrelease/I140_AC21_8403.pdf



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  • Jerrome
    03-19 09:55 AM
    I fully agree to this post. If someone is coming here to asking for help, give it if you want. Don't throw shit or try to judge the person. I think these guys are waiting for chance to throw shit at someone, since they have handful

    Did my post suggest in any way that I was defending the guy? I was only ridiculing those who were bad mouthing him.

    Are you suggesting that my post would have scored more points if I came out with more ammunition? I did not post in order to win your accolades. The fact that you felt there is not enough ammunition, suggests to me that you think it is perfectly fine to do all those filthy things I was referring to. This tells me about your moral standard.

    You had to assume that I probably have a criminal issue too, and thats why I was defending the original poster? Is that the best your mind can think of?

    You are sick and tired of defending our community? Do you imply that most people from our community have turned to criminal acts these days, and so you are tired? Because, I have not seen that around the people that I move around with. Is it all too common in your circles and the people you associate with?

    You most probably have half the education that I have, your salary is most likely half that of mine, and your moral standard is probably half that of mine. If I start ridiculing you more, you will suffer sleepless nights. So I won't do it (after this post, I mean).

    You don't post bullshit in a public forum, just because you can't see the people you are talking to, infront of you. Would you dare call the original poster 'thief' if he is standing infront of you? Would you call him that, if he is a friend of your roommate and your roommate brings him over to your house? The internet must be a new technology for you. Please learn how to use it to spread some love.

    To the poster above you:
    It is true that the law does not impose punishments on backstabbers, womanizers, sexual perverts, etc. Prostitution is legal in a lot of countries. The fact that the law permits some things, does not have any bearing on the moral severity or the lack thereof, of those things. Would you choose a 'prostitute' over a 'shop lifter' for a wife? If these are the only 2 options, I would be content with a shop lifter. Would you choose a 'prostitute' because there are no criminal issues involved and you will get your greencard faster?

    Even though not many people have posted in support of my post, my reputation has gone up, and yours probably went down. Please don't respond just because you want a revenge.

    I will always stand up for the one weak guy who is bullied by a 100 really nice & powerful ones. This can't be called defending the act of 'shop lifting' !!!





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  • a1b2c3
    01-16 02:22 PM
    Sorry I didn't mention the country. Mine is EB2 India PD 09/2003

    Your case is eligible the chances are high that you'll get it, if dates remain current. And as folks have mentioned, 180 days rule applies. Your infopass will tell you clearly what's happening to your NC but that is immaterial.

    I realized your original question was about FP and its expiry and not about NC. So I withdrew my original post to remind you of the 180 day rule which says where the application is otherwise approvable and the FBI name check request has been pending for more than 180 days, the adjudicator shall approve the I-485 and proceed with card issuance.

    Will you send me a PM the day you get a notification that 485 is approved? I guess now I am getting impatient, despite being fully aware of a possibility of dates retrogressing in the next bulletin.



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  • whiteStallion
    09-07 02:23 AM
    Thanks Sanju for bringing this up...
    From my experience, I have seen the hiring managers being hand-in-glove with the Consulting companies(both desi and non-desi) from which they frequently hire...these consulting companies get the most favored status for every opening that hiring manager publishes... And I'm not talking about some non-descript company...I'm talking about Fortune 100 companies...
    @alapkd -> Unfortunately they hardly get caught...

    When a Consulting company is being hired to do a job, they take the responsibility of things going wrong...they are also hired for a fairly defined time...These are few reasons why they are paid high...also bigger the company, bigger the overhead costs...you are sponsoring a lot of cost centers dept from what you earn....
    Try independent consulting to get a better share of your earning....





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  • vikki76
    04-08 02:01 PM
    Gandhi was in S Africa for how many years before he returned to India? If he hadn't been humiliated in S Africa and didn't decide to perform Satyagraha-who knows what shape our freedom movement might have taken?S Africa made Mohandas a "Gandhi"
    Maybe, we all need to go to our home countries-and free them from "beloved politicians":-)



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  • sertasheep
    06-24 03:21 PM
    desi3933 is right.

    - While on a H1 or a L1 visa, one is expected to maintain a continous period of employment. If one is on a H1 visa and does not get paid, that individual automatically falls "out of status".
    - It does not matter if the person has other seemingly valid visa stamps on his/her passport.
    - The only highly-skilled dual intent visas that allow one to work, are the H1 and the L1, as far as I am aware of. Dependent visas do not allow one to work, such as H4 or L2. The only way one can work while being a dependent is if one has an EAD based on a pending AOS(I-485).
    - If one is on a H1/L1 and wants to switch to say a dependent visa (H4 or L2), one has to submit a change of status form (I-539?). The person is assumed to be in "authorized status" until the change of status (or even an extension) occurs. If the COS or extension gets denied, the person is retroactively "out of status" from the original date of expiration on the previous visa.
    - Accruing over 180 days will entail a bar of 3 years for re-entry after the person leaves the US.
    - Accruing over 365 days will entail a bar of 10 years for re-entry after the person leaves the US.

    Also see the last paragraph on Rajiv's website here: http://www.immigration.com/faq/status.html


    Under the current system, unfortunately, there is limited employee protection or even whistle-blowing, so seek a competent attorney's advice right away.

    - Remember, the affected individual(in this case your wife) has a lot to lose if she leaves the US(ie cross the official border), even to visit Canada. Competent attorneys can help arrange for waivers from typically the home consulate(ie consulate in home country). Consulates in third countries do not entertain applicants for visa stamping or visa renewals if they have not maintained status.

    - If the home consulate approves the said individual's visa renewal or new visa stamping, that individual can enter the US, however, there is lack of clarity on whether such a person will be finally able to "adjust status" to become a lawful permanent resident.

    This is a SERIOUS matter requiring legal competent advice.
    email me at "sertasheep at immigrationvoice dot org" if you have any followup questions.

    NOTE: Immigration Voice does not purport this to be legal advice, and you are strongly advised to seek legal opinion. Employers, as a rule, must not ask for payment in any shape or form to produce paystubs. Immigration Voice always advocates abiding by the law, no matter how archaic they may be. As the applicant, the burden is on the individual to maintain status. Please do your research





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  • vagish
    04-28 09:41 PM
    I tend to think a point system is better than what we have now. One thing though is that the points should be allocated "properly". For example, more points should be given to people with higher education, who earned a US degree, who have worked in the US for more years, who have paid more taxes, etc.

    Someone mentioned a good point is about the visa number limits. If the per country limits are not eliminated, the points system won't solve the problem. Of course, they should also give more points to people who have passed Labor and I140 and allow them to adjust status right away. Otherwise, we will further get stuck in all the backlogs. Poor us. :(

    I think if all the above issues are solved/cleared, probably a point system is good for us (i.e., EB based immigrants who are now stuck due to backlogs and retrogression). :p
    Once you have a point system , a whole lot of people will be qualified, many more than currently on H1B from other countries , it will again clog the system, remember for canada the waiting time in india is 5 years now for skilled people who have enough points.

    Again it goes to the basics how many skilled ot semi-skilled people they want in this country.

    thanks



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  • eb_retrogession
    02-24 01:54 PM
    This is my third post regarding this topic. I have made my contibution and urged all my friends to do the same. [B]Can we sell some add space[B]. If we can have more broad immigartion related topics like proceesing times, more people visit and we can probably sell some add space

    Raju,

    Thanks for your input.

    We haven't ignored the suggestion about selling ad space.
    IV is not yet a very high traffic portal. Usually ad space prices range from a dollar to couple dollars (if that!) for every 10,000 impressions. So this may not be a practical thing to do, given the very low returns for the associated effort.

    But thanks a lot for your contribution





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  • walking_dude
    09-22 02:10 PM
    Let me be objective, as much I can be, here.

    ....there would have been more than 2,000 in DC.........but clearly they did not.......i was willing to give it a shot - but unfortunately could not and did not want to specifically postpone something else to make it to DC.......




    Dear Sir, you didn't attend ,thinking that it was unworthy of postphoning a meeting. And yet you lament not more than 2,000 attended.

    I don't know whether to laugh or cry at such statements.




    .........those were different times and different issues.........colonialism, racial discrimination etc........who would employ us in the future...in Gandhi's days - they did not have electronic background checks......!!




    The core issue is the same, back then and today - fight against Injustice, ill-treatment of human beings by Government.

    Here's why Gandhi inspires people like me in our struggle.

    "BE the change you'd like to see in the World" ( Gandhi's polite way of saying - cribbing doesn't help. Do it yourself, or ....)

    He also said - " It's a bigger sin to suffer injustice than committing it" . [ He wasn't appreciative about Do-Nothings. Not at all. He called them the "greater sinners", as their silence encourages even more injustice]

    I agree with you on one thing though. Gandhis struggle was bigger than ours. Ours is nothing compared to it - You talk of no "background checks" in Gandhis time... when people used to be beaten on their head for marching peacefully. Many of them would bleed to death. Our struggle may be inspired by Gandhiji, but we will never be able to match the sacrifices made by othose martyrs. We may be inspired by Gandhis principles, but we can never be the Gandhi.

    But the least we can do to respect that great man, is to follow some of his principles (like those stated above) in to our daily lives. Is that too much to ask?





    Another take - if US can have an endless source of temporary workers coming in, paying into income tax and social security taxes and medicare taxes for a few years......and going back without claiming a single dime of social benefits......its the best possible situation for US....a forever young, qualified, minimum wages (i.e prevailing wages) earning tax paying transient population supporting/ subsidizing an archaic and otherwise struggling social security and healthcare system.


    Another of those arm-chair conspiracy theories. Knowledge retention is critical to companys success. A guy fresh out of college is never equivalent a guy with several years of experience in the same field. Dollar value is dropping, Rupee is rising, salaries in India are rising. If people cannot get GC in a short period of time, there would very little incentive in coming and working here. As you must be aware most H1s these days are used to outsource work to India (by Infy and others), and not to get people to work permanently here. I suggest you read the Kauffman report thoroughly to understand the situation.


    .....to create a nice "politically correct shield" for people's own private agendas (and the collective agenda of all of us) - to get a GC. Are we here to improve america's competitiveness (if that was the primary purpose of our coming here - shame on us for not staying back and improving our respective motherlands' competitiveness) or our own future - if the latter - lets call a spade a spade.........


    I admire your gall in dismissing us as shameless, self-serving, unpatriotic liars,in polite words of course , while doing absolutely nothing to help our cause.

    Let me put this politely. "Don't do unto others, what you don't want others do unto you". Don't cast aspersions others, if you don't others to cast aspersions on you.


    so - whats the "so what" from my post? is it to critique what IV is doing - no! The "so what" is - unless there are drastic and dramatic measures - concrete changes are not possible........small procedural victories - maybe........drastic change.....no way!



    Dear Sir, what do YOU suggest that we do? You think peaceful rallies won't work. On the one hand, you suggest only disobedience movement will work. On the other, you scare us ,saying if we do that we are in deep-six.

    In other words, you'd have us 'Do Nothing At All', and hope that our issues will vanish miraculously by the magic of Harry Potter.

    Dear Sir, you deserve a Noble prize for your theories



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  • aadimanav
    08-27 06:30 PM
    not sure if it is too late, but I just sent to Sen. Warner and Sen. Webb of Virginia.

    Thanks!

    Nope, you are on time......:)





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  • amitjoey
    10-05 11:48 AM
    We gave flowers. Now lets give 'em some brickbats -

    1) feedback@wsj.com
    2) newseditors@wsj.com

    Let the E-mailathon begin


    I agree, I was so upset when I read it... Thank you Logiclife for bringing that to our notice.
    I just wrote an email to the editors with the email address provided by walking_dude. My email says this:

    Dear Editor

    You mention in an article dated today that "HIGH-TECH EMPLOYERS get lift from House Republican letter to Speaker Pelosi urging passage of immigration bill to help "attract and retain" high-skilled workers". And in the same breath you say that "In a poll 56% of Republicans earning more than $75,000 annually would "strongly" or "partially" agree with candidate who would bar illegal immigrants from path to citizenship." Do you know the difference between highly skilled legal immigrants and illegal immigrants?. Why do you have to imply that all highly skilled are illegal, infact 99.99% of highly skilled workers (Tech workers) came to the USA legally and continue to live legally. They are here at the behest of their employers.
    So please correct your article to reflect that.

    http://online.wsj.com/article/SB119154966904949270.html?mod=googlenews_wsj

    An Upset highly skilled worker





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  • chanduv23
    10-11 09:44 AM
    So many "I will try and keep you posted". So what is the story here? R u all making it or not?





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    cygent
    05-02 02:39 PM
    What is this OBC battle you are talking about?

    My comment was in reference to the poster's Africa comment. Do you think it is well informed & 'classy' ?
    As for the OBC battle, is this the right forum to discuss such issues ?



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