mheggade
02-14 12:24 PM
I understand the mood among fellow Indians , due to substantial dates movement for ROW but it dint move enough for India. Lets take the high road and stop bickering among ourselves and lets get back to the Action Item which needs to be done.
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greensignal
09-23 02:43 PM
can somebody PM me the message and email addresses to send.
Thank You!
Thank You!
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.
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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illinois_alum
09-25 02:04 PM
You also know what I am stating. You already have heard the word"Pre-adjudication" which means "To assign number" based on monthly bulletin based EB table dates and then put a file on shelf to eat dust till USCIS can "approve 485" /"Send Physical greencard" based on Prority date becomes active based on "country specific limit"
If assigning number is almost equivalent to granting visa in a few days then there should not be hundreds of applicants waiting in "pre-adjudication" queue. We all know that many people have been pre-adjudicated and now they are just waiting for their physical GCs.
Pre-adjudication means that this particular case can be approved because everything else (Biometrics, Name-checks and all other checks/documentation) is in place - but a Visa Number is not available to approve case and issue GC
Earlier, USCIS wouldnt even touch a file and complete checks if the PD wasnt current. Now they pre-adjudicate - meaning they look at the case and determine if the case can be approved if the PD were current.....
Assigning a Visa Number is basically same as giving GC...once a visa number is assigned, all they have to do is order the production of the physical card...which happens in a few days and in another couple of weeks you actually get the card
If assigning number is almost equivalent to granting visa in a few days then there should not be hundreds of applicants waiting in "pre-adjudication" queue. We all know that many people have been pre-adjudicated and now they are just waiting for their physical GCs.
Pre-adjudication means that this particular case can be approved because everything else (Biometrics, Name-checks and all other checks/documentation) is in place - but a Visa Number is not available to approve case and issue GC
Earlier, USCIS wouldnt even touch a file and complete checks if the PD wasnt current. Now they pre-adjudicate - meaning they look at the case and determine if the case can be approved if the PD were current.....
Assigning a Visa Number is basically same as giving GC...once a visa number is assigned, all they have to do is order the production of the physical card...which happens in a few days and in another couple of weeks you actually get the card
more...
nrk
09-17 01:10 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 ?
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.
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 ?
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.
gc4me
02-13 02:08 PM
That was an example only. A country can use max 7% of total visa. And if you see the EB visa allocation, other than India, China the 3rd largest Visa was taken by Korea (about 4K, don't remember exactly) and the fourth country only used around 1200, all other countries used with in 100s only. So if a country (example Malaysia) uses only 200 Visa and if it had 500 applicant, why 300 people from Malaysia was retrogressed.
There is no such thing as EB3 Nepal, which I'm sure you know. In EB3 ROW, this includes everyone else. I'm sure there are some significant numbers from the UK, Germany, Australian (although they might be separate under E3... not sure), Japan, Tawian.... etc etc the list goes on.
EB3 ROW doesn't just mean those from tiny countries with tiny populations
There is no such thing as EB3 Nepal, which I'm sure you know. In EB3 ROW, this includes everyone else. I'm sure there are some significant numbers from the UK, Germany, Australian (although they might be separate under E3... not sure), Japan, Tawian.... etc etc the list goes on.
EB3 ROW doesn't just mean those from tiny countries with tiny populations
more...
nixstor
03-16 03:13 PM
Unfortunately many companies are trying to woo people ignorant of retrogression and how severe retrogression is using these 2003 EB3 labor. As a matter of fact Nov 2002 EB3 labor might be of no use as well. Previously they used to ask for money, now its just the split.
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Circus123
02-14 01:03 PM
You are eligible to apply on the first business day of March 2008.( which is 1st ) until the last business day of March 2008 (Monday March 31st)I wouldn't wait for March end if I were you ...
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lazycis
12-14 01:47 PM
OK, let's assume the SC invalidates country-based quotas. All EB-based immigration has to stop at that point until new law is written and passed. New law can remove EB immigration altogether or implement quotas in a different way. It's a dicey citation at best. On top of this, you do not realize how hard it is to win constitutional challenge. We are having difficult time convincing judges that the USCIS has a duty to process our applications. The government argues that it does not have to process them if it chooses so and a lot of judges support that position!!!
Rajiv Khanna made a great effort on behalf of all EB-based applicants but even he could not get class action certification for AOS delays.
If you are looking for an advice, write or e-mail to AILF or ACLU. No need to spend IV money on this. Do not get me wrong, I am always glad to support new ideas and to challenge government in court, but this one is just not going to fly. EEO is completely different area and there is no conflict between EEO and the INA whatsoever. It's nice to be able to see outside of the box, but from time to time it's good to use conventional wisdom as well.
Rajiv Khanna made a great effort on behalf of all EB-based applicants but even he could not get class action certification for AOS delays.
If you are looking for an advice, write or e-mail to AILF or ACLU. No need to spend IV money on this. Do not get me wrong, I am always glad to support new ideas and to challenge government in court, but this one is just not going to fly. EEO is completely different area and there is no conflict between EEO and the INA whatsoever. It's nice to be able to see outside of the box, but from time to time it's good to use conventional wisdom as well.
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Beemar
04-01 10:04 PM
Ok. I will open a thread titled "Who after Hu" and put a poll in it too.
In case you are wondering who is Hu... (pun intended)
http://en.wikipedia.org/wiki/Hu_Jintao
胡锦涛
Happy now?
Come on dude, don't be a 爛屄
Some time back when I asked my chinese colleagues to join IV they commented that immigrationvoice.org is an "indian" immigration forum...
No wonder they felt that way.
In case you are wondering who is Hu... (pun intended)
http://en.wikipedia.org/wiki/Hu_Jintao
胡锦涛
Happy now?
Come on dude, don't be a 爛屄
Some time back when I asked my chinese colleagues to join IV they commented that immigrationvoice.org is an "indian" immigration forum...
No wonder they felt that way.
more...
villamonte6100
12-14 01:41 PM
I totally agree with you.
Think of lobbying as polite negotiation.
Think of Supreme court case as picking a fist fight, in which we are badly out numbered.
Once you have started a fist fight it is much harder to negotiate, especially from a loosing position.
This is exactly correct. It is not the question of right or wrong here. That is what gets folks so upset on this thread, they feel since their viewpoint s right then.......... Most neutral observers like mbartosik can see this as unjust and there may be many in the US as well, however certainly not the majority. However, there are many ways in which this could backfire. One example is the recently seen debate over illegal immigration and the turn in public sentiment. Truth be told, if someone did something wrong 12 yrs ago(crossed the fence), now is married to a US citizen and has 3 US children, what do you do with them? What about the 3yr old who was brought to the USA by their parents and knows no other system? Perhaps a few years ago joe public would have given them a pass, no more, the debate has become so nasty that positions have been hardened to the point that reason does not prevail. Another reason has something to do with the perceived sense of entitlement Americans sensed in the illegal immigrant community(of course fanned by Lou Dobbs and his ilk). These are complex issues and generally you will get a lot further appealing to someones sense of fairness than explaining how you are entitled to something and will take it from them if it is not given to you.
Think of lobbying as polite negotiation.
Think of Supreme court case as picking a fist fight, in which we are badly out numbered.
Once you have started a fist fight it is much harder to negotiate, especially from a loosing position.
This is exactly correct. It is not the question of right or wrong here. That is what gets folks so upset on this thread, they feel since their viewpoint s right then.......... Most neutral observers like mbartosik can see this as unjust and there may be many in the US as well, however certainly not the majority. However, there are many ways in which this could backfire. One example is the recently seen debate over illegal immigration and the turn in public sentiment. Truth be told, if someone did something wrong 12 yrs ago(crossed the fence), now is married to a US citizen and has 3 US children, what do you do with them? What about the 3yr old who was brought to the USA by their parents and knows no other system? Perhaps a few years ago joe public would have given them a pass, no more, the debate has become so nasty that positions have been hardened to the point that reason does not prevail. Another reason has something to do with the perceived sense of entitlement Americans sensed in the illegal immigrant community(of course fanned by Lou Dobbs and his ilk). These are complex issues and generally you will get a lot further appealing to someones sense of fairness than explaining how you are entitled to something and will take it from them if it is not given to you.
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maximus777
08-17 02:38 PM
Well said. On a lighter not, maybe he got flagged because his IPL team Kolkata Knight Riders has so many Pak players in it, I wouldnt be surprised if someone mistook it for Karachi Knight Riders. :D
more...
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okuzmin
05-25 12:43 PM
If you have canadian PR, can't you work in US or do you still need a working visa to work in the US?
Thank you.
When you have a Canadian PR, you're still a citizen of your native country. Therefore, you can't get TN status (NAFTA) to enter the USA and work here as a Canadian citizen. However, my Russian friend (he is a Canadian PR, about to apply for citizenship) got a 10-year US business visa (B-1) and can enter the USA at any time. When you're a landed immigrant in Canada, US consulates start treating you very different.
Thank you.
When you have a Canadian PR, you're still a citizen of your native country. Therefore, you can't get TN status (NAFTA) to enter the USA and work here as a Canadian citizen. However, my Russian friend (he is a Canadian PR, about to apply for citizenship) got a 10-year US business visa (B-1) and can enter the USA at any time. When you're a landed immigrant in Canada, US consulates start treating you very different.
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poorslumdog
09-04 12:59 PM
No point in agruing with fools like you.....
Then argu with yourself Idiot.:D
Then argu with yourself Idiot.:D
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ragz4u
10-24 12:52 PM
I was under the impression that only an 'approved' labor can be substituted. I recently had a conversation with a friend whose company attorney had told him that even unapproved labors stuck in the Backlog center can be substituted.
I am pretty confident that this is another case of an unethical, not-well-versed lawyer wishing to make a quick buck, but can someone please enlighten me if I am wrong?
I am pretty confident that this is another case of an unethical, not-well-versed lawyer wishing to make a quick buck, but can someone please enlighten me if I am wrong?
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rsdang1
08-18 02:48 PM
Excellent reply.
Guys,
In my humble opinion this is the best thing that could have happened!!! I feel bad for Mr. Khan suffering like a common man for a while but his suffering brought to light what we have to deal with every time we travel...
I think extreme cases bring home the point so I would encourage Indian government and the governments of all the south asian countries to take this up with the USCIS / Home land security and ask them to educate their staff...
Peace
Guys,
In my humble opinion this is the best thing that could have happened!!! I feel bad for Mr. Khan suffering like a common man for a while but his suffering brought to light what we have to deal with every time we travel...
I think extreme cases bring home the point so I would encourage Indian government and the governments of all the south asian countries to take this up with the USCIS / Home land security and ask them to educate their staff...
Peace
more...
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nomi
09-29 11:27 AM
Yes, it is. I used it when I went to get my Canadian PR validated in June this year. Are you flying or driving? Make sure you do not surrender your I-94.
Take a letter from your employer and recent paystubs just in case. (They didn't ask for them but take them anyway).
I assume you know all the conditions?
Thanks for your reply. Which I-94 I have to show or use. I have two of them now. One expire with my visa date on 08-30-06 and other of attached with my H1 B extension valid from 8-31-06 to 8-30-09.
Does immigration officer know about this rule at port of entry ??
Should I drive or fly ..which one will be more easy while using this rule ?
Take a letter from your employer and recent paystubs just in case. (They didn't ask for them but take them anyway).
I assume you know all the conditions?
Thanks for your reply. Which I-94 I have to show or use. I have two of them now. One expire with my visa date on 08-30-06 and other of attached with my H1 B extension valid from 8-31-06 to 8-30-09.
Does immigration officer know about this rule at port of entry ??
Should I drive or fly ..which one will be more easy while using this rule ?
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nogreencard4ever
09-04 09:09 PM
hey stop the nonsense. u r trying to argue with everyone. u r playing with people emotions.
why don't u just stop the arguments over here. just leave the dead person in peace.
if u don't like him just go and talk with someone else who also doesn't like him in ur family or with ur friends. i think u r spending too much time bashing YSR and his son.
r u considering urself as a "SAINT" , if u r saint, u have right to talk about other persons.
otherwise u should shut ur mouth. Its good for u and ur family. u used the word "KUKKA CHAVU" that's not at all accepted. i think u should keep ur tongue when u r using those words.
why don't u just stop the arguments over here. just leave the dead person in peace.
if u don't like him just go and talk with someone else who also doesn't like him in ur family or with ur friends. i think u r spending too much time bashing YSR and his son.
r u considering urself as a "SAINT" , if u r saint, u have right to talk about other persons.
otherwise u should shut ur mouth. Its good for u and ur family. u used the word "KUKKA CHAVU" that's not at all accepted. i think u should keep ur tongue when u r using those words.
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Lasantha
12-14 05:35 PM
Well, you are the one who asked me that question. I can't help it if you didn't like my answer.
And if you don't like other views please don't waste your time by responding to them.
As for your last question, if I have anything more to add, I will do that if and when I feel like it. I don't think I need your permission to do that. (At least I think I don't. Correct me if I am wrong though). :cool:
Hasta la vista Baby!
Either you are kidding or wasting everybody's time. This thread is all about "investigating constituionality and effects of "Per country limit" . Nobody is saying, repeat, nobody here is saying that OTHER AGENDAS defined by IV should not be pursued or will not be pursued. Do you have anything to add about "Per country limit?
And if you don't like other views please don't waste your time by responding to them.
As for your last question, if I have anything more to add, I will do that if and when I feel like it. I don't think I need your permission to do that. (At least I think I don't. Correct me if I am wrong though). :cool:
Hasta la vista Baby!
Either you are kidding or wasting everybody's time. This thread is all about "investigating constituionality and effects of "Per country limit" . Nobody is saying, repeat, nobody here is saying that OTHER AGENDAS defined by IV should not be pursued or will not be pursued. Do you have anything to add about "Per country limit?
jkays94
05-10 10:40 PM
I see a lot of people discussing about Canada.
Any inputs about Australia and life down under?
Thanks
I don't know much about Australia but I can give a sample situation. One could get Australian PR, live there for two years, get citizenship, apply for a job in the US and enter on an E3 visa which is renewable every two years and allows one's spouse to work.
http://en.wikipedia.org/wiki/E3_Visa
Any inputs about Australia and life down under?
Thanks
I don't know much about Australia but I can give a sample situation. One could get Australian PR, live there for two years, get citizenship, apply for a job in the US and enter on an E3 visa which is renewable every two years and allows one's spouse to work.
http://en.wikipedia.org/wiki/E3_Visa
DallasBlue
07-03 07:52 PM
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just now sent emails to the above, Request you all to do the same to bring their attention.
just now sent emails to the above, Request you all to do the same to bring their attention.
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