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  • rkm
    04-28 09:36 PM
    Good News ...

    04/28/2007: Labor Certification Substitution Elimination Final Rule Approved by OMB 04/27/2007

    The OMB approved this final rule. As soon as this rule is released, all those certified labor certification cases which have yet to be filed for substitution I-140 will be no good for substitution.





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  • bubba
    06-12 01:15 AM
    People need to understand that you need to give some to win some. I would like to propose to IV a kind of proposal that would be a win win for both the immigrants and the US.

    1. It is meaningless to fight for the rights of ALL the visa holders. Any such attempts would always be resisted by the anti immigrant lobby.
    2. Acknowledge their fundamental point of view that jobs are being stolen due to wage destruction and perpetual visa fraud by these outsourcing companies. Of course resist all these racist BS types. They are the just the noise in the immigration debate.

    My Proposal

    1. Support the Grassley bill in its entirety. If you notice it is those outsourcing companies that are making all the noise but not the genuine companies that use H1B for innovation purposes. These outsourcing neither follow the rules or spirit of the H1B/L1 visas nor provide much of innovation to the market place. There is no point in expecting them to police themselves. We have tried this and they are not here to play by the rules.
    2. In fact, provide the concessions to eliminate the H1/L1 visas for these outsourcers. In return, request visa number recapture for the H1Bs who are employed directly by the companies. I strongly believe that if you are a H1B employed directly by the company (not outsourcing cos), it is unlikely that you would be underskilled or underpaid. A few minor expections may be there but we can safely ignore these exceptions.
    3. Again, people may argue that some of the consultants are highly skilled too. If that were the case, they would have been or would be hired into a permenant position soon once the Grassley bill passes. No company would like to let go of a good performer irrespective of whether they are permenant employees or contractors.

    If you notice, some people echo the sentiment that the Grassley bill would lead to more offshoring. That in my opinion is absolute BS. Only low level jobs would be offshored and in my opinion a h1b visa should not be used for these low level jobs. The high skilled jobs would always stay here and they would not be under wage pressure. The best and the fittest would survive and get the same.

    I strongly believe that by providing these concessions, atleast the skilled immigrants would be sparred the trauma of this mindless wait for a GC. I wish to reiterate here that I am neither anti immigration nor anti any ethnicity. I am simply trying to reiterate that we need to lose some to win some. There is no point in the Indian style of negotiations of win all or win none. Let us adapt to the give some take some style of concession building. In this process, it is okay to give up on the interests of those blood sucking outsourcers. For this, I am willing to provide financial, logistical and intellectual support.

    By following this route, we prevent wage destruction which is what the anti immigrant lobby is clamouring about. It is a win win for all and a lose situation for the blood suckers

    If you have seen any companies misuse the H1 and L1 visa, you can complain about them. Dont go screaming around that the whole H1 and L1 program is bad. Its because of people like you that a whole group gets a bad name due to some rotten apples. Btw, all your arguments dont seem to help the IV community. Why are you even here on IV if your idealogy is not aligned with IV ? If you cant support us we dont need suggestions from a traitor like you.





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  • old_hat
    05-03 01:59 AM
    [QUOTE=old_hat;338512]

    Its not he....Its you...yes, you are the one comng in three different IDs and supporting yourself.:eek:

    get over delusional thoughts. At my age I am not looking for vindication from any quarters. my opinions are my own and mostly well supported with facts. And yes I am flexible to changing my views based on facts and arguments based on facts.





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  • number30
    01-18 08:14 PM
    "just eating everyone's head"


    To eat the some heads What if tomorrow same rules are applied for the Green card process?



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  • breddy2000
    09-04 12:57 PM
    Sreedhar,

    I agree with your comments.

    In India, politics have been used to amass money, wealth and YSR has used his position for killings, land grabbing, scams etc.,

    Make money the right way, no one stops any one. Where is the end to corrupt means? Yesterday YSR, today his Son. The biggest problem today India is facing is, people involved in policy making deeply submerged in corruption.

    There should not be an excuse on comparison. If today we don�t condemn, tomorrow we will be affected. And being here we have to set an example to other people out there in India, living and working in USA is an experience that can�t be valued on paper.


    True Facts have Guts to reveal yourself..... We know that you have compromised on personal details about IV members....This is insane I say.....





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  • santb1975
    02-12 10:56 PM
    How about everyone who came up with this idea on this thread. Why should IV core or murthy or someone do this ?



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  • anai
    06-16 11:47 AM
    There's two themes in this thread that are interesting.

    1. A couple of members advanced the argument that retrogression is good since it weeds out the supposedly undeserving. Here's a startling quote:

    ...In summary, this retrogression is good in a way....

    2. The question of luck.

    I would like to share our story, because it touches on both these themes: I have two US graduate degrees; so does my wife. We've paid over 100K in federal income taxes in each of the past several years and I'm now a partner at my firm; the idea that folks are stuck in retrogression because they are undereducated low-cost workers is not realistic. And there are many cases similar to ours (some of which I read about on IV). We are stuck in retrogression because we have no answer to the country-quota bottleneck.

    So, sure, retreogression may provide perverse pleasure to a select few greencard holders, but the inconvenience that retrogression causes most of us does not serve a greater Darwinian good.

    What of luck? While luck has put us in retrogression, it has favored us in many ways --- we have a great family, a lovely home, and a bunch of good friends. I am sure all of us have seen similar plus sides of luck. But luck is stubborn when it comes to the greencard: when the window opened up last year, many folks with PD 2006 were approved, while many like us with older PD were left waiting. Luck is a strange animal -- it lets you see the map of the world in your handheld, but won't let you travel freely because of retrogression.

    There's this story about luck and how one can get around it in some cases. It is not very relevant here, but here's the story: A wise man came to a village and observed a family living in great poverty. All the family had was a cow and a sack of grain. They would work very hard, but their net worth never rose beyond the "cow + sack of grain" level. The wise man, being wise, figured out what's going on. He asked the family to give away the cow and have a party with whatever grain they had. The family initially thought this advice was daft, but eventually complied out of respect for the wise man. The night after they had squandered everything, Brahma could be seen quietly bringing the family another cow and a sack of grain. What the wise man had figured out was that this level of net worth was preordained for that family -- whether they work hard or party. Not a great story to tell your kids to teach them about hard work; but provides an alternate perspective when you're stuck in line.





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  • indio0617
    09-29 10:47 AM
    I think TN visa is only for Canadian and Mexican citizens and not for Canadian Permanent Residents .....

    Can someone confirm that.... ?


    Yes, TN is only for canadian citizens.



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  • Kodi
    05-12 02:09 PM
    It is true that tamilians have high respect for their culture and identity so as everyone in the world. Even now the jews practice their culture and language here, are they getting discriminated for doing that? The problem arises when anyone is discriminated for some reasons.

    Tamils in SL were not emigrated they were there for past 2000 years or so.

    Just like the jews, tamils practice their culture and language in sri lanka without been discriminated. You don't see Jews armed with weapons asking for part of USA for themselves.





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  • yabadaba
    06-26 01:33 PM
    ok heres the thing.. what is the point of this thread?

    if they retrogress mid month.. they retrogress... what can u do about it??

    just get ur meds done and file ur paperwork. do your karm...rest u leave it upto whatever spiritual power u believe in.

    by discussing this stuff.. u r not going to change uscis or dos's mind... right?

    and if it retrogresses mid month...u know AILA and other lawyers will start filing lawsuits...so chill



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  • Googler
    02-15 10:28 PM
    My friend, I'm not trying to fight you. All I am saying that you cannot file a class action against USCIS because they have not done anything wrong. They are just following the law.

    If you really want to have this change, it is the US congress that you can deal with.

    As I've said, I work for a law firm.

    Why don't ask your immigration lawyer first regarding the "class action" you are talking about.

    (1) There was no shortage of laypeople and even attorneys who asserted that "USCIS isn't doing anything wrong they are just following the law" when it came to FBI name checks. Fortunately for all of us sharper legal brains and sharper judges prevailed, and brought us to this happy day.

    (2) On Class Actions: Villamonte, have you read the Mocanu decision (http://www.bibdaily.com/pdfs/Mocanu%202-8-08%20LEXIS.pdf)? If not I encourage you to do so -- that was just individual cases being consolidated, but the situation is not very different -- you should pay particular attention to the part where Judge Baylson recommends a multi-district class action litigation to deal with all the other name check cases (see p. 16, para numbered 6).

    The parallels between the those cases and the one being proposed are very strong.

    Judge Baylson is not the only judge who has recommended a class action approach to these issues. IV members should also be aware that all we need are a few named plaintiffs, it isn't as though every IV member or even everyone wanting to sue needs to be a named plaintiff. All the judge needs to recognize is that there is a large group of applicants with same or similar grounds for suing USCIS/Emilio Gonzalez. Edit to add: IV the organization doesn't even need to be the primary plaintiff, since that will necessarily cutoff any parallel discussion with the agencies. The IV forums are just a place to organize this.

    (3) Preliminary Ideas on the Grounds for Suing (courtesy lazycis):
    The grounds for suing USCIS is the same as in Gonzalez v Howerton -- (a) interpreting the law incorrectly (b) not following the statutory requirement that they use up all the greencards available in a given year and therefore being guilty of affirmative misconduct. At the very least, a judge is within his rights to make them make amends -- by recapturing 2003-2004 EB greencards, since they wasted them as a result of their affirmative misconduct -- they waited for name checks or simply not processing applications - no one can say there wasn't an application backlog in 2003-2004.

    (4) First Steps
    What we need here is to get this matter before a good legal strategist who is familiar with (a) the two sources of affirmative misconduct (FBI name checks and cessation of processing in 2003-2004) (b) precedents and caselaw (note that most immigration law firms are good with filing paperwork, but not necessarily complex litigation, so forget about the usual suspects.) The perfect legal argument will not sprout up immediately. In the same way that the legal arguments in the name check cases were honed over time (lazycis can confirm this), this too will need some serious research and thinking.

    Those of you who want everything about this case sorted out, signed, sealed, guaranteed and delivered this week will need a reality check. :)

    As will those of you who think that the way to approach this is to discuss these issues without familiarizing yourself with facts and legal precedents in some detail (so arguments about slavery etc are not the ones that will win the day in court, it is arguments that can show that USCIS was not interpreting the law correctly and in doing so caused harm and that the harm can be remedied through recapture.) -- if you want to see how a case like this will work read Mocanu and Galvez. This case will not be a dramatic movie-style civil rights case about slavery, it will involve the most tedious sort of nitty gritty discussion of admin misconduct.

    OTOH, for most of us, all we've got is time -- I do not foresee my Jan 2003 EB-2 India PD becoming current any time soon. I'm prepared for a long legal battle. I'd rather do something constructive** that will likely change the process than sit and wait and mope.


    **: Yes, I've sent off my letters too. I think of these two things as complementary projects.





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  • rajuram
    05-31 04:20 PM
    --------------------------------------------------------------------------------

    Do these figures include dependents??



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  • gc28262
    06-12 09:52 PM
    Exactly what I had tried to express, you have succinctly put them in numbers. Thank you

    BTW senthil1 is an anti-immigrant and one of the most despised individual on this forum for his "close the door behind me" attitude. You guys together will definitely have a good time !





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  • unseenguy
    08-16 04:16 AM
    To all the wannabe americans and GC aspirants, dont forget where you came from. You are nothing but 21st century cheap labor. Just do the right thing!



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  • panini
    05-11 02:10 PM
    if you are Singhalese 40% is good for your start College, if not, you need 80% to continue for college.

    Totally incorrect. I challenge you to prove this.

    The fact is if you go to secondary (grade 6-12) school in a district that have the best schools like Colombo, Kandy and Jaffna (Jaffna used to have some of the best schools, now I am not sure), then you need to score higher than say from someoone from a backward district like Monaragala or Batticalloa that does not have good schools. This does not have anything to do with your ethnicity. It takes in to account that fact that those from areas with best schools with all the facilities have a better chances than those from less developed aras. So a Sinhalese from Colombo or a Tamil or a Muslim from Colombo needs to score slightly higher to get in to college than a Sinhalese from Monaragala or Tamil from Amparai.

    Please do not fabricate this kind of propganda. Tamils do have equal rights just as Sinhalese and Muslims in the country. The core of the issue is this blood thirsty and power hungry LTTE terrorists does not want peace. They know that they cannot survive in a peaceful situaltion. That is why thet sabotaged all the previous peace talks.

    The LTTE is right now cornered in an area less that 4 square miles. If the SL gov did not care about the safety of the civilians do you really think it is gonna take them this long to finish the LTTE. The reason is that the SL forces are moving very slowly and cautiously to minimize civilian casualties. The sad thing is that the LTTE terrorits are shooting at their own people to create a situaltion and get international attention. Isn't it ironical that the so called saviour of the SL Tamils Probhkaran now has to hide behind the saris of poor innocent tamils women to save his skin??????





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  • meridiani.planum
    09-23 04:56 PM
    the bailout amount of 700billion shows you how deep in trouble the market is.
    How many do you estimate will really buy a home if there is a law like this.
    Do you have any survey, any real study with proper numbers?? If its 1000 people, its not going to be worth the trouble for them. If its 20,000 real commitments, then we are talking... With downpayments of 250k and mortages for the rest, we are soon talking some pretty decent numbers here (assuming bay area kind of home prices)

    Also you mentioned IV is discussing this. Do you mean core IV team is officially involved in a campaign or is this just ur own initiative.



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  • kingkong
    09-04 02:00 PM
    I am from AP. And my father had first hand experience getting ripped off by this dead mans cronies when they threatened and grabbed my fathers small plot, that he had bought way back in 89, on the out-skirts of Hyd. All it took was one single threatening phone call to my father and my father signed the sale deed for the land the very next day, not asking a single penny in return. His family was more precious to him than the bloody piece of land. My father worked as a clerk in a central govt office. He is a simple man and has no clout.

    I am sad that YSR is dead. I wish he survived but with 3rd degree burns and limped out his miserable life for the next 100 yrs.

    I am from Kerala. not from AP.(studied in Bangalore and have friends from almost every state from India) I AM NOT A REDDY OR RAO.

    Some of my friends are from Bihar (CHILDREN OF MP'S, MLA) go home for elections and lead booth capturing. They shared their experience with me.

    CASTE POLITICS IS A THE RESON FOR ALL NEGATIVE COMMENTS.

    IN KERALA, CASTE POLITICS IS EXISTS (just pick a candidate for a constituency), BUT NOT IN THE RANGE OF OTHER INDIAN STATES. (ESPECIALLY NORTH INDIA)

    Let the people from AP, comment about him. If they give him second time, it is clear that majority like him. No doubt about it. If he is not good, why you people campaign against him by blogs for go to India and vote against him ???

    I DIDN'T SUPPORT ANY POLITICIANS. But have a sympathy for a dead person and other 5 people in the accident.
    This can happen to any one of us at any time. Do not rejoice in Tragedies.





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  • ashutrip
    06-26 01:53 PM
    Once again, what is with this "Flood" and "too many". Petitions are postal packages. They are not Tsunami waves that would prompt them to shut down their doors to prevent flooding. They did get nearly 200,000 petitions in Vermont in one day. What happened ? Did the mail room clerk drown in fedex ? Were the packages overflowing in the parking lot ?

    Guys please stop thinking these logistics, and get a life. USCIS has people who are capable of predicting several hundred mail packages and handling them. They are inefficient and slow but they are not galactically stupid. And if they stop accepting petitions, it wont be because they have received "Too many" because it takes time to define "too many". So chill and try to file it before 31st July.

    These rumors are wreaking havoc on people who are not in a perfect position to control the timing of filing. Many lawyers and many employers will file between 25th and 31st July. And I can accept that. My own HR and lawfirm have made it clear that we will file before 31st July but there is no guarantee that it will be sooner than that and any sooner than that is not neccesary.

    Those who are filing on their own can file on July 1st. But those who are depending on lawyers and their own HR, please relax and stop thinking too much.
    out of context...but do u think dates will be current in august and sept...
    My labor in Atlanta....dont see it getting certified B4 August:( :(





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  • newbee7
    07-04 12:45 PM
    Might be potential headline: USCIS betrays thousands of hopeful





    GCA
    08-17 01:47 PM
    Collin Powell incident is America's problem. Even after the civil rights movement and equality to Blacks, they are still having discrimination. Just ask Black people in America and how they feel in their daily life.

    So according to you by coming to America we should forget India because you will call us traitor? Have you heard how Jews in America are so strong and care for Israel even after becoming US citizens?

    The fact is Indians are responsible for their own problems and greencard woes. They want to live in this sorry state and blame everyone else around them except themselves. They do not have any pride in their roots and thus flee their own country. They do not come to this country for betterment of their skills, education and experience but because they want to flee the country. There maybe exceptions but this is what I have seen in Indians who are on H1B or who have become US Citizens.

    There could be several reasons for people coming here. But most and primary reason is making some quick money and returning back. And a good portion of that money goes back to our motherland to prosper. People didn't flee the country. They flew out of the country because their skills are valued more elsewhere - its simple demand supply economics that made/makes our skills more valued outside - I don't want to eloborate more and hurt someone which definitely wasn't the intention.

    IF we are after the GC, its purely for the mobility and assurity it provides and not for the path to citizenship. Though most of them want to return back, we still want the GC so we call the shots and not the INS. Long story short, no one is a traitor. They are just common 'smart' people - yah, they are common from the land we come from.





    sk2006
    04-01 12:02 PM
    Has anyone asked you to read this? You clicked on the link yourself. If you are not interested in this thread, why dont you read something else instead of giving a hollow suggestion.

    You Idiot,
    When you keep updating this thread it keeps coming on top.
    I ignored it for a few days and finally clicked to see what the Fuck is going on here.

    Now it seems even moderators are joining this madness.

    If infighting keeps continuing on this forum and you keep discussing non-immigration related topics here, you will never get your green card. FOCUS!

    It is strange that you all want green card so that you live in USA but pretend to be SOOOOOOOOOOOOOOO concerned about Prime Minister of India and then start blaming each other..

    No wonder NumbersUSA etc are succeding..


    Pappu,
    Please remove my profile and user ID from the system. I can't be part of these morons. I shall get my GC when I shall have to get it. I am not here to discuss non-GC related issues. There are many more forums to do that.



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