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  • rahulpaper
    06-27 09:26 PM
    Based on this, I have again (yes, again) emailed by immigration lawyer and sent him the AILA's URL (although I cant see it coz I am not member of AILA).

    IF AILA reports that they stopped accepting new 485 petitions for EB3-other, then it is pretty freaking scary and that means that what my lawyer told me "I cant happen, bla bla bla..." is really not 100% accurate. If it happened in June, it can happen in July. This is now REALLLLY SCARY, coz my lawyer has plans for July-end for filing.

    Ever since the dates got current, it has been more stressful than the time when dates were retrogressed and almost makes me miss the retrogression days when I didnt have to depend on the lawyers for my career.

    It is indeed scary...I guess rumors can come to haunt us...I know that mine is not going in before mid july...we are seeing that is visible but doesnt exist...May be august bulletin (like predicted by USCIS) will still be "C"....GOOD LUCK to all. Irony of life is...all my life i gave exams in an effort to not get a "C"....and now all i pray for is just another "C"...





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  • meridiani.planum
    09-23 04:58 PM
    I second that. I am waiting for my GC before I make such a huge commitment to this country.

    Exactly, but what if they give you GC immediately if you buy a house? Win-win for both you and the government.





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  • santa123
    07-17 01:09 AM
    Assuming that the spill overs are effected only in the last (JAS) quarter, there wont be any significant movement for EB2. Until and otherwise the supply is more than demand, EB2 will not move forward significantly.

    But I wish EB2 becomes current in the near future. Correct me if i am wrong.





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  • chanduv23
    07-21 11:33 AM
    More than the money, these guys are plain stalkers! They don't leave you even if you are not interested and even after blindly telling them right on their face. Anywhere you go, Costco, Walmrt, Indian grocery stores, Malls these guys are right behind you. Next time i am calling COPS and i am going to report these guys.

    Enough of leaving it or taking it lightly becasue of so called "your countrymen" stuff.

    what a PITA!

    Because of all these experiences, even when you genuinely smile or strike a conversation with a desi, he/she first suspects you to be an ammway guy. I face it everyday, being "outgoing extrovert" in nature, I tend to smile and talk to people in elevators, walkways, malls, restrooms, groceries etc... which is mostly casual fun stuff and most times desis suspect that I am a ammway guy and cut me out harshly.



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  • mantric
    12-14 01:46 PM
    many of the immigration laws that are affecting us were put in place way before the IT boom that brought most of us here. people are right that the intention behind them is not malicious. but a law set in the 1960s may turn out to have a discriminatory effect in the 2000s. circumstances change and we live in the present not in the past.

    lazycis case was good at pointing out the key clause in the constitution that may help us. it's the due process clause in the 14th amendment, which extends not just to citizens.
    http://en.wikipedia.org/wiki/Fourteenth_Amendment_to_the_United_States_Constitu tion
    http://en.wikipedia.org/wiki/Due_process_clause

    "nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."

    lazycis case argument is a case from 1975 of a case for retired people over 65 who had been in the country less than 5 years, drawing state medicare benefits.

    the EB community has on other hand has a median age of 32, most have stayed here for 5-10 years at least, consists of net contributors to the US economy and has passed many educational, legal and career barriers to get here. after all this just when our careers are about to fly, many of us find our opportunities being crushed because of our nationality.

    mbartosik case argument is of prisoners in gitmo. even they could challenge the court and get something better than what they had - a military tribunal vs no tribunal earlier.

    are we pension drawing dependants of state, or criminals or prisoners to suffer silently for years and years like this at the prime of our lives ?

    is'nt the EB community being deprived of liberty ? has the EB community received due process ?

    the tipping point from influencing the lawmakers to challenging the laws in court comes when people realise that lawmakers are indifferent to their cause for whatever reason, and some way is needed to bring attention to their immediate suffering.

    before we rush to say checkmate with a particular strategy, let's understand the chessboard and the moves available on it. by knowing our rights under the constitution that's all we are doing. this knowledge may be useful in influencing the lawmakers also, in raising the caps for example to reduce the discriminatory consequences of current laws.

    agreed that we need an abundance of caution and we will most likely lose the case given we are arguing from a position of extreme weakness. yet the constitution does promise us due process as residents of this great land. let's think about that as well.

    some precedents for legal challenges to immigration laws exist on the ACLU and Rajiv Khanna websites.





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  • lazycis
    02-13 02:37 PM
    http://www.ailf.org/lac/lac_lit_030402a.asp
    WASHINGTON, D.C.- Immigrant advocates filed a national class action lawsuit in federal court today challenging the Immigration and Naturalization Service's (INS) misadministration of a law that provides persons granted asylum the right to live and work in the United States permanently. The suit, filed by the American Immigration Law Foundation and Dorsey & Whitney LLP, seeks to compel the INS to issue all allotted "green cards" fairly on a first-come, first-served basis.

    Some 50 named plaintiffs represent tens of thousands of asylees throughout the country. The plaintiffs are all refugees who fled persecution in their home countries and were granted asylum in the United States. Under U.S. law, they may apply to become permanent residents, or so-called green card holders, of the United States. Congress has imposed a cap of 10,000 on the number of asylees who can attain permanent resident status each year.

    The lawsuit alleges that the government failed to distribute more than 18,000 green cards in the last eight years while more than 60,000 asylees wait in legal limbo; failed to process applications on a first-come, first-served basis as required by law; and kept thousands of asylees on the wait list who are exempt from the cap. The lawsuit also challenges the government's practice of requiring asylees to obtain a new employment authorization card each year-at a cost that presents a hardship for many families-while they wait for their permanent status.

    If 50 asylees managed to get enough money for action, 50 high-skilled immigrants can do it too. Otherwise I'll be greatly dissappointed. Lack of action is a killer. I was shoked to read walking_dude's post that nobody from MI volunteered to be a plaintiff in DL case. If people do not want to help themselves, IV won't be able to help them.



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  • desi3933
    06-15 03:54 PM
    ........
    ........
    1. If the outsourcing companies would pay on an avg at 80K per head for the "well qualified" people, I am even ok with their dumping their dumping the L1s here. Why is it that you guys are ok with the L1s being dumped at 40K-60K salaries ? Shouldn't they get paid high too ? This is what I am arguing for. If the outsourcing cos don't want to pay this rate, then keep them in the country of origin. No need to depress wages here. Is this a wrong thing to ask ?
    ......


    Where did you get that 80k number? You think 80k is good salary for that job, someone else may say 65k, I may say 90k. The salary, among other things, is determined by market forces. If you can't find enough people with xyz then company will be forced to offer more.

    As long as there are people who are ready to work on salary 52k (example), employer will not pay 70k. As long as employer is following all the legal requirements, no one can dictate salary for the job.

    I am a US citizen of Indian origin with background in Computer Science, Finance, and Business Laws. I have been in this country for 11+ years and I have seen so many changes in tech world. Nobody talks of sign-on bonus on H1B anymore. I am dot net architect and I am seeing lot of competition for jobs and this is causing downtrend pressure on salary. But, instead of, blaming someone else for the competition, I am taking it head on. We need to keep working on our skillset and employer will pay the salary. Like they say, for the right candidate salary is not a constraint.

    Let us not forget our struggling days of H1. The least, we can do, is to encourage our fellow immigrants who are waiting for their green cards.



    .





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  • indyanguy
    07-03 10:43 AM
    My case details:

    Visa on the passport up until Feb 2009
    6 year term ending on Feb 2010
    Date on I94 in passport is Feb 2010

    I140/I485 concurrently applied on July 07

    Currently have EB3 I-140 filed based on Substitute Labor at NSC.

    Questions -
    1. If my I-140 case gets picked up AFTER Feb 2009 (less than 365 days of H1 6 year term ending) and is denied (God forbid!), will I be eligible to file for a post 6 year H1 extension? Since this is Labor Sub, the labor doesn't have my name on it.
    2. Can I file for a new EB2 PERM at that time and get an extension based on that (H1 6 year ending term < 365 days at that time)?
    3. As a backup, can I apply for EB2 PERM NOW for a different position from the same company? How will it affect my pending EB3-140?

    Thanks in advance



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  • vinzen
    08-18 11:35 PM
    I think you think too much...by the way this is how you communicate in your office. American would think twice even come near to you...Good defence...:D

    hasnt happened yet. if it ever did, I will change my ways...slumdog.





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  • go_guy123
    08-16 01:24 AM
    Don’t make a big deal of Shah Rukh’s detention:One For The Road:Anand Soondas's blog-The Times Of India (http://blogs.timesofindia.indiatimes.com/onefortheroad/entry/don-t-make-a-big)

    One For The RoadDon�t make a big deal of Shah Rukh�s detention

    After a long time actor Salman Khan has come up with a real gem. On hearing about Shah Rukh Khan being questioned by US security at Newark, New Jersey, he said it�s good that the country has such a tight set-up. And that ``there has been no attack after 9/11 because of this.��

    Salman has a point. SRK might be an icon to Indians and many in the subcontinent, even to the desi diaspora spread across the globe, but to America he�s just a visitor. We may be convinced he cannot be involved in anything that�s remotely violent, but the guard given the responsibility of stopping something like 9/11 from happening in his country again will want to take no chances. And what is the possibility that he�s a die hard fan of the Khan and Bollywood? Very slim.

    Interestingly, the same day that SRK was detained in Newark, there came news that the great Bob Dylan, who was wandering around Long Branch, near New York City, sometime back, was asked for an ID by two cops too young to know who he really was. When he couldn�t furnish one, he was taken right back to the resort where he was putting up and staff there vouched for him. And America is Dylan�s own country.

    Was there a furore? Not that I know of. Not even a little blowin' in the wind.

    SRK says he�s ``upset and angry�� because it was his Muslim name that caused all this. Thousands of Muslims are made to go through extra security checks everyday in America and a host of Western countries. Is he equally upset at that? He's probably just pissed that it happened to him, India's mega star. We all know how a lot of Muslims have been subjected to prejudice around the world because many countries see terrorism as an Islamic phenomenon. Yes, it is uncalled for, unjust and maybe wrong. But America is a country that takes the killings of its people with the seriousness it deserves, unlike India whose record on this is shameful, to say the least.

    Also, because most of the perpetrators of 9/11 were Muslims, America thinks it has to be doubly careful where they are concerned. Had the terrorists been Jews, perhaps it would have looked at Jews with similar suspicion. I was much more aggrieved at President Kalam being frisked. But that�s a dated debate.

    There are two layers to the SRK incident and we must peel them off with care. One, it is quite ridiculous that Indians feel their icons and superstars are everybody�s icons and superstars. What the heck? If Jet Li came to India tomorrow, the man on the street here would probably call him �`Chinky�� and not give a second look. For that matter, what if G�rard Depardieu came travelling. How many would know him? Matt Damon was here recently and there wasn�t a traffic jam in Delhi. These guys are huge back home.

    Moreover, America doesn�t have a culture of fawning the way India has. Mike Tyson was treated like a common rapist and spent most part of his youth in the slammer. Winona Ryder was sentenced to a three-year probation for shoplifting. Chinese born Hollywood actress Bai Ling was fined US 200 dollars for petty theft.

    More importantly, we are actually aggrieved because we are ``not like them��. Well, guess what. It isn�t a virtue. We should be like them and take the security of our country and its people with solemn, no-nonsense professionalism. Frisk Brad Pitt when he lands in India next. Give Tom Cruise the same dose. Don�t spare Bill Clinton either. Isn�t he an ex-prez just like Kalam? Who�s stopping you and what�s stopping you? Colonial hangover? Or is it plain lethargy and callousness. Looks like both.

    We are just whimpering over here like hurt puppies because we feel, ``Oh, but we don�t do it to them��. Oh no, we don�t. And it�s a scandal. We should. I�ve seen white men � and women � get away in India with murder. Indian women can�t get into some discos wearing a sari. And bouncers will frown at you if you are dressed in a kurta. Have you seen what some of these firangs have on them? No one bats a eyelid.
    So instead of making SRK�s detention an issue, we should think of upgrading our own security set-up.

    There�s a lesson in this. And it is a positive one. A day after our own 26/11, there was hardly any security at CST in Mumbai. It can�t get worse than that. The bottom line: Stop fawning, shed the colonial hangover and make no compromise where the country�s safety is concerned. Can we do that or is it too much to ask from a country that�s been free for 62 years but was ruled by white sahibs for 200?

    Well said and perfect....in India there is a culture of babu where VIPs are not checked at all....otherwise the wrath of the high officer will strike on the junior officer.



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  • injrav
    08-03 12:52 PM
    This only proves that this is an important immigrant issue. Pappu should help educate every one.

    Hi TravInd
    keep going on man
    you are the Pappu of this Thread





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  • jsb
    06-05 03:49 PM
    I guess many have mentioned this before.

    Diversity should not be based on "country" as well. For example I can easily say that "India" has to be considered as "20 different countries", if it divided based on diversity. And probably many of the europian countries combined should be "1 country".

    Means if the diversity quota is 100 per year, to call for proper diversity.....
    2000 for India...
    100 for many of the european countries combined....

    (Note: I didn't mean "ALL of europe", I know that whole Europe is pretty diverse as well...)

    Country based "diversity" doesn't make sense at all.

    We are not discussing justifications of US laws. We are trying to find ways within the existing laws, for speeding up our cases.



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  • _TrueFacts
    09-05 03:27 AM
    It seems like YSR was a very evil man. We must celebrate now that he has died.

    Good riddance to bad rubbish.

    Just as we celebrate Ravana's death with sweets and lights. Good riddance ... good for AP.





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  • stemcell
    06-01 02:28 PM
    The only solution , to all our problems, is a LAWSUIT.
    The earlier some one has the balls to do it , the better it is.

    what lawsuit :confused:
    whom are we going to sue? USCIS for following what the congress has laid out....
    i guess what you mean maybe is sue the congress.....:D



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  • vkrishn
    07-21 11:13 PM
    Because of all these experiences, even when you genuinely smile or strike a conversation with a desi, he/she first suspects you to be an ammway guy. I face it everyday, being "outgoing extrovert" in nature, I tend to smile and talk to people in elevators, walkways, malls, restrooms, groceries etc... which is mostly casual fun stuff and most times desis suspect that I am a ammway guy and cut me out harshly.

    Chandruv23,
    Its pretty easy to find out who the real stalkers (amyway) guys are and who aren't. I am not an extrovert per se but do wish people on the elevators or even while walking on the park. Amway ones have this totally fake attitude that i can easily find out who they are..

    Problem with these guys is they don;t understand that NO means really NO.. Not Interested.. They think pushing more and more will convince me. Losers!





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  • WaitingForMyGC
    07-11 03:22 PM
    I have already booked my one way tickets back to India for this December. If my priority does'nt become current by than, I am done here.



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  • amsgc
    07-04 01:03 PM
    gc_check,

    If I cannot apply within the next one year, do you agree that I will have to spend again on:
    - Lawyer fees for form preparation and accounting of changes in laws= $2000
    - Medical examinations And Immunization costs = $300 (many docs dont' take insurance, they didn't in my area) * 2 = $600
    - Photographs = $25* 2 = $50
    - Courrier services, photocopying, printing, long distance calls = $200

    So, once again, I am looking at spending: $2850. This money that I/employer spent last month is GONE. Who is responsible now? That's all i wanted to point out. When I said double, I meant spending $2850 twice, and also adjust for inflation. The above costs do not include USCIS filing fee.

    To calculate the money that has gone down the drain, just multiply that by say 50000 applicants who will not be able to apply within 1 year. That's well over $100 million. This is not a small amount, one could start a pretty good size company that can effciently go through the backlogs.

    >> This is money that has gone down the drain.
    None of the FEES has been accepted by USCIS as they even did not accept the petition. So the fees cannot be calculated.

    >>So in the end, you may end up spending more than twice the amount of money, and more in application fees.
    Yes, the fees gets revised start July 30. But you need NOT pay again and again to extend EAD/AP, if requried. Need to calculate the difference. Also not sure if the Attorney's would charge twice as they have to resubmit the paper with little or no modification.

    Money lost will be the amount spent on Medical Examination (In my case $550, as I ended up with a doctor of my choice out side my medical insurance network), So even if my conpany can reimburse, I cannot... Also per my attorney Medical Examination Reports are valid for a year, If we apply within a year, this is also not lost. If someone or his family has to rush back to USA, to file AOS, then the amount spent are waste. Loss of vacation and money.

    My point is not to discourage any one, but when we wirte to media, folks will investigate all before they publish to main stream. We need to be fair and should provide the correct information, else we might loose the coverage.

    We need to highlight the expenses occured and stress this has caused to many many people.





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  • eb3retro
    07-26 10:39 PM
    arkbird, I cant help but LOL on your post. Thank you, you made my day. Good response.

    Here is one potential answer...

    Yes, you will retire at 40 because no self-respecting person will come near you let alone hire you so I guess you will have to retire and that $xxxx/per month, please feel free to replace it with disability (of course mental!) benefits from your state! ;)

    ArkBird

    I am not with Amway or Quixtar but I think the folks with Amway/Quixtar are under represented on this thread and it's not fair :-)

    Just to add another dimention to this thread I will play the devil's advocate :D

    Here I go ...

    You guys are all wasting your free time bitching on this thread where as we are spending all our free time growing our business. We will retire early as we would make $xxxx/month for nothing when we turn 40 and dont need to work anymore where as all you guys bitching about Amway / Quixtar will still be working hard at your jobs till 60.

    What's your response ?

    :D:D:D:D





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  • visves
    06-28 10:47 AM
    I think there is a certain percantage or number allotted for each quarter to avoid unavailability of visas. Otherwise, there is always the possibility that if enough people are in the pipeline waiting, all visas could be allocated when the Fiscal year begins in Oct which would mean visas could become Unavailable very soon.

    So, are you saying that USCIS uses quarterly quota versus monthly quota. According to an earlier post:
    Hi Macaca;

    This is taken from the July 2000 VB:

    HOW THE SYSTEM OPERATES
    At the beginning of each month, the Visa Office receives a report from each immigrant visa processing post listing totals of documentarily qualified immigrant visa applicants in categories subject to numerical limitation.
    Cases are grouped by foreign state chargeability/preference/priority date. No names are reported. During the first week of each month, this documentarily qualified demand is tabulated.
    VO subdivides the annual preference and foreign state limitations which are specified by the Immigration and Nationality Act (INA) into twelve monthly allotments. The totals of documentarily qualified applicants reported to VO, and the expected INS demand for numbers, are compared each month with the numbers available for the next regular allotment. This allows for the determination of the monthly cut-off dates, and the allotment of numbers for reported applicants who have priority dates within the newly established cut-off dates.If there are sufficient numbers in a particular category to satisfy all reported documentarily qualified demand, the category is considered "current."

    From this it is very clear that the number of Visas available for the rest of the FY 07 is enough to accept as many applications as can be approved in those 3 months(July, Aug and Sep).





    ivar
    06-15 02:52 PM
    Dilips post is fine only in parts but most of it is totally crap. He says his living standard has gone down because of L1s and H1bs and herds people coming from india, Dude you need to understand that this recession has not been caused by H1b and L1s or other IT workers coming to US, its because of the real estate boom and foolishness of american people who believed that real estate prices will keep on rising to INFINITY.. i don't have to explain how this recession started i hope majority of the people knows about it.. so stop blaming IT workforce for your living standard.. another example.. just seen what happened to GM and chrysler.. they failed to understand the market for small cars and fuel efficient cars.. instead they produced gas guzzlers like hummers.. so do you think they have the brightest minds. We are in this deep shit because of the situations created by americans for themselves and now they want to blame it on legal immigrants for there wrong decisions..

    I believe in destiny or lucky whatever they call it.. its not always that brightest get their GC. I wished i was that bright and intelligent person to predict July 07 fiasco but unfortunately i quit my company in Mar 07.. and i know some people who used subsititued labor in July 07 have their EADs with them. Don't think just by getting a GC or citizenship will certify that your the brightest of all still waiting in the GC queue. I am not sure how many people believe in luck... but i do. I don't matter how bright you are and how hard you work you need some luck also..

    Thanks


    The moral is GC comes to those who are lucky and apply for it. Its not true that always the best and brightest will only get GC. If the person is technically good or has good apptitue the best he can do is hang on to his job for years and also pray that his company doesn't go bankrupt (there is not fault of this bright employee :D in this case). Dilip was talking about some flush, this flush will wash all the bad apples and also some good apples.. good people also leave after getting frustrated with immigration system (of this developed nation, which doesn't keep track of its visa numbers, moves dates forward backwards by two years :D big joke They can't even predict visa dates. ) Instead of coming up with bill for fixing the credit market and financial system, he(Grassley) should concentrate more on strict reforms and more regulation for financial system, the root cause of recession instead of beating around the bush with immigration system.. He is trying to use the emotion of the local people.. those who have GC fall for such policies because they know they are ahead in the queue and more jobs will be available to them if few IT works immigrate (There are lot of jobs for citizens and GC only). I wished alteast the ones who have suffered throughout this GC journey will understand the pain of other people. Getting a GC should not change the attitude completely.





    weasley
    08-16 06:31 PM
    SK2006 and snathan:

    I do not agree.

    First, there is no "profiling" in India. Everyone gets frisked and security at airports in India is top class.

    Rules are rules, provided they apply equally to americans and Indians. otherwise its profiling or discrimination.

    In 2000 December, I was travelling to Sydney from Mumbai Airport. I was held and later interviewed separately by a Tamil Speaking officer. Just because my name resembled like Srilankan Tamil. They wanted to ensure that I am not LTTE/or refugee travelling to Australia. Well, I was not offended. I just thought if these idiots have been careful before then would have avoided assasination of Rajiv Gandhi.



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