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  • snthampi
    07-31 12:01 AM
    Thanks Thampi, people let us post some more avoidance techniques to be used subtle or not, this is a scourge we need to get rid of.
    Keep going man. We are all adults and just trying to be funny. No one needs get upset over this. It is ok if the Amway/Quickstar guys get upset, because they upset us once in a while.





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  • BharatPremi
    12-13 04:27 PM
    we, as non citizens, obviously do not have all the rights that the citizens possess. We don't know whether this rule is or is not constitutional (And as someone rightly pointed out that the expertise of a constitutional attorney is required).

    However if it can be shown that certain citizens/corporations ( for example microsoft, google etc who also make efforts and lobby congress to change the law ) are unduly disadvantaged by this per country cap, then they can be plaintiff. So in a sense, we have allies in the corporate sector with tons of money (and who want to make more!) So they might be willing to support us,
    if it is indeed found that the rule can be challenged.

    Let's assume that it can not be fought within US Constitutional framework then do we have a choice to bring this to international court level? Can US prove that keeping per country immigration quota for EB categories is not a discrimination but a policy to protect its citizens or per say to protect its industry/economy?





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  • actaccord
    01-13 08:31 PM
    at least one person could respond in more civilized and matured way. These kind of response will give good impression about a forum.

    Guys please keep your comments in more civilized way to keep/gain good public image of the forum.

    I do read most of the threads in this forum (whenever I feel free) i feel some of members who are donors/senior members feel they can get to fight (in abusive way) with any one on any thread no matter whether it spoils the image of forum or their response adds no value to the thread. These kind of attitude can be expected from new members as they may have wrong intentions (or to just vent their frustrations) to join in a forum. But people who are very senior and donors responding in uncivilized manner is not good for them as well as the forum.

    I don't see anything wrong PlainSpeak's suggestion but I can't comment on if her suggestion is workable or not. But we can just explain what is right or wrong instead of getting into fight mode.

    I would like to see some kind of administration control (removing the response, warning the members) on those threads with abusive/uncivilized response. I know it is tedious job but once we have senior/donors under civilized conversation controlling new members will be of easier as seniors/donors can report those unwanted conversations.

    It would be great place to share ideas (good, bad, right, wrong) if those uncivilized response is reduced. The lesser the uncivilized response more the people willing to join hands.

    I wanted to join hands but those uncivilized comments keeping me away from participating. I do have friends who joined after me referring felt the same, some even stopped visiting this forum after seeing uncivilized fightings.

    There are great people like amitjoey who convey the message in more civilized way (as far as I have seen) and help others (its not easy to post 1100+ posts....). I am new to this country and have very less experience and knowledge to share. But I hope one day I can guide/help some people like amitjoey.

    Reason for me to share my thought is amitjoey, otherwise I would have just gone through the thread and felt bad about this forum for uncivilized comments. I am not into any group yet (Eb2/3) as my comp is not going to sponsor gc as per new policy, so I don't belong to any group (or we can say group who's gc never filed). When I read PlainSpeak's comment I thought she was right and after reading amitjoey's comment I learned another view for this issue. After reading those two comments I understand the issue and why IV took different direction or direction different from PlainSpeak's. But when I continued reading this thread I felt why some educated people with good intentions have bad thoughts and respond to others in uncivilized way. In the whole thread only two comments make's sense to me rest doesn't belong/fit to this forum.

    Lets get more new members and be civilized to gain confident which will gain more strength to the forum.


    Do not overanalyze any bill- All these bills are mere drafts until they come on floor for debate, and even after that they go thru amendments, rewriting, and the final bill comes out in most cases to be very different from the original. Even after the bill is passed in both houses, the committees that are responsible in reconciling the bill will tweak it and fine tune it.
    This means that even good provisions can be deleted at any time during the debate, thru an amendment lobbied by the antis- if the EB Community is not vigilant.
    To give you an insight: In Dec 2005, there was a line item in a bill that would have recaptured visas for EB applicants, the bill was passed – and at the last minute this provision was deleted.


    IF you read through the provisions and the paper that IV created for lobby days in July 2010- Each one of the provisions and the underlying text that IV is asking for has been written with clear understanding of the issues EB applicants face- It is written in a way that if incorporated in any of the bills as an amendment- will give fair and balanced numbers to all categories -EB3, EB2.

    So, regardless of which bill (Immigrant friendly) comes on the floor- IV will lobby to have this package included as an amendment. Or IV will lobby to get this inserted into the main bill.

    So- Please, do not get worked up about EB3 vs EB2. OR India vs China vs World

    The real work is to be vigilant about what bill has the chance to come on the floor and then lobby to get the amendments included.

    There are bigger issues for our community- Not one immigrant friendly bill has come up for debate in the last 4 years (exception is the dream act). And here the IV Community is debating and fighting about provisions about one of 100 bills that might never see a chance on the floor.

    The big battle is to advocate and lobby at grassroots to get a bill to come on the floor- persuade lawmakers to be cosponsors for a bill that will help us, and then when the bill is up for debate, we can talk about what we should include as amendments or insert in the main bill to make it fair for everybody.





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  • dhirajs98
    07-21 10:03 AM
    I have my EB3-RIR pending at NSC with PD JAN 2004. I-140 concurrently filed on July 23rd 2007 at NSC is still pending. I do have the EAD and AP approved.

    I have another EB2 labor (PERM) certified but its I-140 was denied on the basis of qualification. I have 3 yr B.Sc + 2 Yr. Post Graduate Diploma from India. This labor was certified on Dec. 26th 2006 and I-140 was denied last year after replying to the RFE raised regarding qualification. USCIS was looking for 4 yrs. degree instead of 3 yrs. They didn't accept my 2 yrs. post graduate on top of my 3 yrs. B.Sc degree.

    My question: Is it advisable to go ahead and revive this PERM labor to file fresh I-140 again? If Yes, then what all I should do before filing the fresh I-140? I have almost 8 years of work experience in USA beside my 3+2 years degree from India.

    Please advise.



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  • grupak
    12-13 12:04 PM
    --I think, per country quota system was framed with diversification as underlying principle, not discrimination.

    Depending on which country you are from, it may seem like discrimination or fair system upholding diversity.

    If you are from India, you would hate it. There are truckloads of programmers in that country. But if you are the only graduate with programming skills from a country like timbaktoo (?), you would love it. You also got a shot at american dream.

    This EB quota system reminds me of Caste reservation system in India. To some that is fair, to others, it is unfair. Depends on which side of the fence you are.

    Fairness or not is not the issue. Question is can it be challenged in a court? Diversity at work place is encouraged through outreach for example. But you cannot discriminate in employment based on national origin. Employers can't put quotas for employee diversity. Employment based immigration I don't think can count because part of the requirement for holding the job is that the employee have a valid work authorization.

    For example, someones H1b 6yrs runs out the without possibility of extension, you cannot cry discrimination from the employer for not hiring you beyond 6yrs. As I said, the employers don't force you to not change job or job title. People don't because they will lose their GC or spot in the GC queue.

    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.





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  • meridiani.planum
    07-26 04:29 AM
    OK, OK, easy with the optimism Vdlrao!:)

    Eb India has almost always got more than its statutory limit in the recent past. So to say that the new developments will give us 20 yrs worth of visas is not correct based on the events of recent years.

    good point. AFAIK only once in the last 8 yaers did EB2 India really get limited to ~3k. Every year it has been nearly 10x that number. Its just htat this has all been formalized now by USCIS. There is no sudden 10X change in visa allocation that people will see...



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  • PlainSpeak
    01-13 01:29 PM
    thank you for your kind words. but why are you looking for PIG. are you not happy with your DOG. still we can be friends.

    Thanks

    MC
    Now my friend Michael chertoff (Senior Member) there is no call for abuse in this forum because if you continue the same way you will go the way of forever_young and start sending IM to yoursleves and tell everyone that it came from me

    Seriously - Can you not discuss something with an open mind





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  • Rb_newsletter
    01-13 06:16 PM
    GC is for future employment....this memo is only for H1B. Otherwise you can sue them.

    haha I wonder if they understand that rule. If they did, then why are they asking for pay stubs for past 2 years?



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  • conchshell
    07-26 06:31 PM
    One important point that we seem to be missing is that there are about 50,000 Indian STUDENTS (like yours truly) who come to the US each year. Most of them are grad students and invariably all of them apply for EB based GC......think about it : 50,000 students each year and even if you assume half apply for GC - that makes it 100,000 PRIMARY GC applicantions from India alone over a four year period - staggering number........

    However, these students are not completely exempted from the H1B quota for each year. Whatever, if PERM filing in year 2008 has witnessed 46% drop since 2007 ... it tells us a lot.





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  • AirWaterandGC
    05-09 09:19 PM
    I do have my CA PR. Waiting for US GC, my CA PR clock is ticking. Once I am more than 3 years past in the CA PR card and if I still dont go to CA, I understand that my CA PR may not be renewed. My question is : Is is possible to at least enter CA for the last (during 5th) year of CA PR ? Also is it possible to re-apply for the CA PR once I am say 4 years done in my CA PR life without entering CA ? Gurus , please shed some light.

    On another note : I would request no one to make offensive remarks about a great country like Canada. It may not have as many opportunities as US has or be a lot more restricitve in providing licensure to some professionals, but please bear in mind that it has provided respect to some of us by making some of us it PR .... which the great US is still to bestow on us. Even when we have not contributed a single cent to CA or its economy while we have earned/contributed millions to the US / its economy.


    Stop the bashing of countries with stupid generalizations like cost of living and bad doctors. This is ridiculous. See my other posts dispelling Canadian misconceptions. That your friends or whoever has had badluck in Canada is probably as much due to their lack of perperation and research before going there coupled with their socialist sense of entitlement.

    And for all you considering going to Canada, it's not rocket science. Look for a job BEFORE you go. Heck, take a vacation and go there if you get some interviews. I don't care if your doctor friend is driving a taxi cab - they should have known that there is a foreign credential issue going on in that country before they pack up their family and go there (and hopefully this will be ironed out - it is a problem and a big debate right now).

    But it's not like there isn't a way to work around it (suck it up and do what you have to do for recertification - yes it's troublesome, but at least your fate is in your own hands, and you're not stuck in retrogression at the mercy of others). And if you think you have more opportunities in the US, why is it that the majority of H1Bs are being sucked up by desi body shops who just turn around and indenture you? Is that considered a wonderful opportunity ( i guess it is)? How many of you can actually work for a non-desi company? Imagine if they didn't exist. Too bad Canada doesn't have the same body shops, eh. Oh the irony.

    It boggles my mind that people take up and leave to a country without actually looking into the job market or thinking everything would be hunky dory. There's something called the internet. Look for Canadian jobs, apply, get feedback, attend job fairs in Canada, tap your networks, etc. If you can't find something, DON'T GO.

    I'm not saying Canada, or any country, is perfect, but a proper approach and understanding before you jump into something will ease the transistion. And please, enough of the ignorant generalizations.

    If I was an employer and knew you had contempt for my country and thought you were owed something, I'd kick your butt out the door.



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  • ujjvalkoul
    10-04 11:16 AM
    You can apply for Canadian PR while staying in the USA if you can demonstrate that you have entered the USA legally and stayed in the country legally for at least one year. That's what Canadian law says. I'm too lazy to look for the actual law -- just google it. ;)

    You can apply for the Canadian citizenship after staying in Canada for three years out of four. Of these three years, you must be a PR for at least two years.

    http://www.cic.gc.ca/english/citizen/becoming-howto.html
    Yes... at the time of application the H1B should be valid for at least 1 year.... I got my papers returned to me coz of this. I reapplied once I renewd my H1 for 3 more yrs





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  • ivar
    08-16 02:15 AM
    What use is this thread? How does it serve the purpose of IV. I see emotions flaring up time and again with every "incident" that media sensationalizes. Its high time administrators here took control of our messaging otherwise anti-immigrants are soon going to pounce on this. I sense an under-current of hatred in some posts as well. I am going to stop coming here if this mindless stuff does not get stopped from being posted. Personally I don't even think that forum should be on the home page.

    ezee,

    Well i guess i need not extend this topic any further.. because as your post above says that this thread is not leading to any fruitful discussion. I assume forums are a place to discuss and exchange views and ideas and what better place than IV to discuss immigration issues.. i don't understand your point. Still if this thread doesn't serve any purpose i will edit and remove all my post on this thread. Thanks everyone for sharing your views. I have edited all my post and marked them as DELETED. Its really difficult to figure out which is a good discussion and which is not, anyways i will stop here.



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  • eb3retro
    07-22 09:12 AM
    not really..i think we want to give a benefit of doubt to the amway person not to do this and lose our friendship (esp when close friends do this to you). We know how to be tough. Been there done that. I came to a conclusion that people who cannot understand the value of friendship can never be true friends. Esp when my close friend spoiled his friendship with me due to amway.

    We desis are too polite and can't say NO easily like others. I have learnt to say NO in the US now, makes my life much easier....be nice and say no politely.





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  • vdlrao
    09-17 02:18 PM
    Hi VDLRAO,

    Couple of months back you were very optimistic about EB2 I will be current soon, what were the things influencing your thoughts.

    Do you think EB2 I, will not be crossing 2005 by September 2010 ?


    By september 2010 EB2 India will surely enters into 2006.



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  • tikka
    07-04 09:11 AM
    Originally Posted by Macaca ( add ons from forum in red)
    I am trying an outline for sending to media + lawmakers + ...

    The following is a very rough draft without reading some of the letters posted in the thread. I will read the posts tomorrow and polish it by tomorrow evening. I will need everyone's input since I don't know all the issues.

    Introduction
    Retrogression in GC process.
    What happened
    � USCIS announced at the time the forms were due.
    � Applicants started filling forms 2-3 weeks before July 2.
    � Applicants changed their schedules to submit forms.
    Advantages of EAD + AP
    Don't know all!
    � Travel without visa -> saves Embassy overhead.
    � Spouse can work.
    � Can switch job.
    Why does it hurt
    � Medical will not be valid after 1 year.
    � Rejected June filers can not file.
    � June filers did not file because they thought they will file in July.
    � Fees more then doubling
    � Name checking (which can take 1+ year) done in parallel with waiting for GC #.
    � Load balancing for USCIS.
    � USCIS which is supported 90% by application fee needs to care for applicants.
    � Very little chance of legislative relief for a looong time.

    � Many had to take MMR vaccine and hence postpone their plans to have kids by 3-6 months as recommended by NIH.

    � Lawyers who charged upwards of $2000 for filing will not refund the service fee, so candidates have to pay again when dates become current in future.

    The biggest loss is the trust, coz, next time people will not believe these mid month bulletins at all as they can come around anytime and revise the dates. So, applicants will always have to live in fear untill they receive the receipt
     Age out situations with children
     Once a child turns 21 he/she can no longer be filed with the primary applicant. However, once the I485 is filed with USCIS the child is regarded as "safe" regardless of how long the USCIS takes to adjudicate the I485.

    I have that very situation. My son turn 21 in mid-January 2008. The original July brought great relief from years of worrying about whether our PD would become "current" in time. We scrambled to get ready to file 2nd July, only to have everything collapse around us again

    Hope the info clarifies the "age out" situation!
     For "Spouse can work" we might want to word it such that it just does not look like one job less for Americans. Something like spouse can exercise the freedom to get out of the house and contribute to the American economy.





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  • man-woman-and-gc
    05-31 08:33 AM
    1. Employment-Based Visa Number Movement and Predictions

    Mr. Oppenheim estimated that there are currently 25,000 EB2 and EB3 cases from Indian nationals that have been reviewed and are only waiting for visa numbers for final processing. He stated that, due to the dramatic increase in employment-based filings, visa cutoff dates for FY2010 will be much more limited to ensure that there will be a steady supply of visa numbers available throughout the year. This will lead to earlier cutoff dates and may help prevent visa categories from becoming unavailable.



    Question:
    On the these 25,000 pre-adjudicated cases, does this mean that they will get a GC as soon as their dates are current? will there be additional verification done when their dates become current, like employment verification etc?
    Can the person change his/her job or take promotion etc and would still get the GC when the dates are current?

    Thanks.



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  • Bpositive
    05-17 05:51 PM
    Best of luck...sri lankan sinhalese and sri lankan tamils...I hope you can accept each other's perspectives and move away from extreme positions.sri lanka is such a beautiful country. i hope i can visit again and explore the northern areas..here's wishing peace with dignity (not subjugation) for all.





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  • sachug22
    09-17 11:06 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.

    In 2008 the spillover was distributed evenly between 2004/2005/2006. It was 2009 spillover that clean most of the cases in 2003 and 2004. As of 1st Oct there are next to nothing cases from 2003, very few from 2004.

    Plus in 2008/2009 CIS had EB2-ROW applications that they can approve, this year they do not have the EB2-ROW cushion.





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  • LostInGCProcess
    09-21 12:23 AM
    Thanks for vounterring your time and helping the immigrant community out -

    My question -
    EB3-India
    PD: Dec 2004
    I-140 approved.
    I-485 applied: July 2007
    EAD and AP approved

    I recently quit my job and have been out of work for 2+ months, looking to get on to another job on EAD now.

    1. Are there any risks to my AOS application with I not being employed for 2-4 months? I-140 petition is approved, worked at my last employer for more than 180 days from my date of I-485 filing. Left my last employer on good terms, I-140 petition will not be revoked.

    2. As for the new job, would getting a new job on contract (possibly a 12 month contract with a Fortune 50 company) be a problem? I was under the impression that one needs full time employment but wanted to clarify since the contracting vendor is willing to hire me for the 12 month term on W2 and was wondering if that would be sufficient. What kind of Employment Verification Letter may I have to produce incase I get an RFE for the same during this time period.

    I would really appreciate your input. Thanks!

    Please let me know what reply you got for this inquiry.





    lfwf
    02-15 07:20 PM
    as always.

    i'm indian fyi. i'm not techie, i have nothing top do with body shops. and yes i'm a little offended by the streotypical crap.
    i do not claim any "best and brightest status" either.
    here are my questions:

    to the fighting indians: what good is the removal of a country cap on it's own? sure date for india will move a bit and row a little back. but most people will still be stuck because of the annual quota. without increased GC numbers the point of country quotas is moot.

    to row warriors: i guess if it benefits you it must be fair. cool. maybe i would have felt the same in your place. but tell me...i came here and did a lot of education. today in EB2 people like me (and even less qualified than me) are walking through with today's PD. i am 10 years away from a GC. any good reason? why am is so bad? so inferior? why am i penalized for my place of birth? fair? whatever...
    what if the same diversity were applied by occupation? religeon? color of skin? it's still diversity...would that be ok? if not then why place of birth? i'm not asking you to give up what you have by good fortune. just seeking acknowledgement that maybe there is something not quite fair here...

    anyway as for this funny accusation on all indian students being H4's, wow you can say anything you want, right?
    actually india and china are in teh top 5 receipents of F1 visas, and far ahead of most countries

    http://travel.state.gov/pdf/FY06AnnualReportTableXVII.pdf

    now folks. STOP.
    you are making me sick.





    samay
    07-21 08:28 PM
    Dear Attorney,

    I am from India and working as a Software Programmer / Analyst in a decent company and I am using AC21 with this company...and my Green Card journey started September 2002.

    Labor applied (EB3) - September 2002
    Labor approved - July 2003
    I-140 / I-485 applied - December 2003
    I_140 approved - August 2004 after responding to an RFE
    Two times finger prints done and name check is done.
    RFE about sons birth certificate -- responded last year.


    But still the way things are going with Visa numbers and seems no light at the end of the tunnel. I am decided to change EB3 to EB2.

    What would you suggest?

    Where can I find the process for this switch (EB3 to EB2) ??

    Is there any benefit switching from AOS to Consular Process?

    Thanks and appreciate your response.

    The process of switching from EB3 to EB2 also takes some time and expense. Please do consult your attorney and weigh in all pros and cons very carefully. In case you require assistance please contact me.



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