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  • Macaca
    01-17 06:32 PM
    This kind of attitude will not help to acheive your goal.

    Using abusive words will do more harm than any benefit.


    This is open source (http://app.businessweek.com/UserComments/combo_review?action=getComment&productId=45768&reviewId=503132#503132). And this is their ghetto.

    Will post more urls here if I get time.





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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





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  • thomachan72
    09-04 10:59 AM
    This is not contributing to anything. I dont think oposing parties in this discussion will ever come to an agreement so what is the purpose of carrying on. Please close this and lets concentrate on something else.





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  • vdlrao
    07-21 05:33 PM
    Spillover is usually USCIS inefficiency to allocate them. The law says USCIS can leave some visa unassigned but cannot over assign even a single visa for a year.

    This UNUSED VISAS OF FAMILY BASED are not due to the inefficiency of USCIS but because of the 7% limit for each country and 2% for dependent areas of family based visas.



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  • AirWaterandGC
    05-09 09:27 PM
    Just before any jumps on me :

    I respect , like and love the United States. It has taught me a lot, given me a lot of respect and made me a much better person.
    India is my country and I will get back there on some day. But I believe in a world without boundaries, and believe that political boundaries should not determine where/what I should do. That decision should be just made based on what/where I can be most productive/useful for myself and the society I live in. Hence I believe that USA/CA/India all are great nations/societies and we should respect them along with any other countries too.





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  • Legal_Guy_HiTech_Slave
    09-22 06:11 PM
    Hello Friends,

    I am going through a wierd situation with my GC process. Not that the EB3 PD is retrogressed but a different one. Silly it sounds. Please help me in making a right decision. Thank you in advance for your suggestions.

    EB3 category.
    PD : April 15,2003.
    Labor: approved.
    I-140: approved.
    I-485: Only registered the application,FP done. Not applied for EAD,AP and others as I was not married at the "All gates open time in 2007"

    My Wierd Situation / Issue: I was not married at the time when all categories were current in Jul/Aug 2007 and so I had only applied for myself for the application to register for 485 process (Main application), submitted my medicals, Submitted my DOB certificates and completed the 485 adjustment of status registration. I got married at the end of 2007 and got my all Finger Prints completed in December 2007. Now my wife is here on H4 and dont know if I should keep continue my 485 just to keep the file active or wait untill my PD is current (NO HOPES may be in my next life as it is EB3) and apply along with my wife. PLEASE help me with your valuable suggestions. I just want to be safe because I have been working here for 10 years on H1B visa and tired of this immigration rules and litigations.



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  • tempgc
    09-14 03:21 PM
    1. I-140 premium processing will increase ROW applications

    Its next to impossible to get approval of EB2 PERM and 140 in the current situation.

    2. 29 months opt is causing ROW applicants to bypass
    H1-B and go for GC directly
    I doubt validity of this stmt

    5. Perm was introduced in early 2005 and lot of EB2 applications labors were approved in 2005
    .
    Its only 2655 for EB2I in 2005 PERM.





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  • voldemar
    04-28 12:38 PM
    Hello all,
    Any news on what happened on the decision on suspension/removal of labor substitution? I searched in google but couldn't find any updates.
    Substitution ban rule got clearance from OMB
    AGENCY: DOL-ETA RIN: 1205-AB42
    TITLE: Labor Certification for the Permanent Employment of Aliens in the United States; Reducing the Incentives and Opportunities for Fraud and Abuse and Enhancing Program Integrity
    STAGE: Final Rule ECONOMICALLY SIGNIFICANT: No
    RECEIVED DATE: 01/26/2007 LEGAL DEADLINE: None
    ** COMPLETED: 04/27/2007 COMPLETED ACTION: Consistent with Change

    Check http://www.reginfo.gov/public/do/eoPackageMain



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  • nixstor
    09-23 02:03 AM
    This is not fair and good idea. what about people waiting in line for years and invested their money elsewhere because of this green card delays or those who do not have enough money and job in this market situation. All of the sudden you are brining this idea. This is not fair. This is kind of buying green card. There is a investment based green card category available for that. I request you to go through that channel if you are rich. Not all employment based green card seekers are rich. Please keep that in mind.

    thanks,
    aps


    Did it occur for a single moment that if some one gets out of the line, the line gets shorter? F Y I, This is NOT about me. This is about every one here. I did not dream of this situation which directly favors some one today. Simply, Not many folks knew it was going to be this bad. Folks who knew, kept quiet telling people that its NOT that bad. There is NOT going to be a single solution that benefits every one involved here. Let it be recapture, country limits or advanced degree exemption. Choice is (y)ours. We can decide to be the frogs in the well and pull the next frog down or we can work on making this pitch which can be palatable to sensible people, who understand the magnanimity of the situation





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  • rbalaji5
    03-30 02:07 PM
    Yes...We had them in power for five years. It was a joke. India was Shining and we had to wear sun glass.

    I am not supporting the congress party. I am only supporting the MMS. To me, he is faaaaaaaaaaaaaaaaarr better than Mr.Advani or Mayavathi

    What did you get from this Govt. (any ??)
    What did your home get from this Govt, (any ??)
    What did your City get from this Govt. (any ?/)
    What did your state get from this Govt, (any ??)

    Why do you want this Govt ?.



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  • user2005
    01-23 06:11 PM
    I personally know a guy who used Nick's services. Bottomline, his 485 was rejected as Nick sold the same labor to other guys as well. As for him, spend some time on EAD and now he is back on H1. What happens to his VISA number. Returns to the pool? Which pool? Or is it lost as the VISA number was used from last year's quota.

    Can they use same LC for more than one I-140?
    Trying to understand damage done by LC substitution scams.





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  • whatamidoinghere
    02-19 03:01 AM
    Well discussion here. Under present situation (w/o any legislative relief) labor certification based EB folks, particulary Indians, cannot think of GC/485 for next 10 years. The problem here is, they are stopping the flood gate in 485 stage. If they (CIS/DOS) do not need high skilled immigrants, stop them in LC stage itself. Testing labor market in 2001, for a permanent job that is going to be assumed by a foreign worker only in (after 485 approval) 2010 is a joke. The best slution is market based numarical limitation without any country quota.

    Yeah its a joke and it is obvious to us that there should be legislation to fix this. However the current situation is so beneficial to the US that it may be stupid for them to try and fix it. The lack of immigrant visas isn't bringing anything down. Fresh H1B and L1 workers will continue to pour into the country and "old, stale, spent, burnt out, balding" workers will leave the country frustrated with the wait. The scientists and executives whose experience is useful to have will get into EB1 slots and stay.

    So two choices
    1. Lets continue to pay income tax, pay social security tax, spend the prime of our lives working here and then GET OUT when we are no longer needed.. OR..
    2. Lobby hard, for which we should contribute some serious money to IV. Whats holding back the EB3 folks?? the doors are almost closed for them. They should be contributing in large numbers..

    EB2 Ind & Chi.. if dates dont move for April (new calendar quarter), we better start contributing too



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  • bigboy007
    06-13 12:35 PM
    One things for sure, we cant clear all the problems EB Community is facing in one shot. Agreed that EB Visa recapture will help temporarily but that helps a lot , Still the movement should go on either on country cap or something that would eliminate backlog. But one thing for sure if we keep debating that we need all in one shot its not going to happen. One can keep complaining that i am ahead of many of others but think analytically, we dont enjoy a great support either in house or senate, getting a simple legislation or getting our cause on CIR is itself a big thing here.

    Outsourcing is going to happen or not its a different story. US has shifted 99% of it manufacturing jobs, if all admin , it jobs are going to go away where does the money come from to run this country ? Eitherways it is going to happen more in recession, but how is that going to effect our outlook in this discussion ?





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  • walking_dude
    02-13 11:13 AM
    This theory that 'AILA/AILF lawsuit threat overturned July VB' is out of touch with the reality. Threatening lawsuit was bad for AILA. They were not involved in the discussions that finaly resulted in reversal. IV was a participant but AILA was not.

    We shouldn't repeat their mistake. The moment IV files a lawsuit, USCIS will stop discussing with us. We will be off the discussion table. Only place they'll talk to us will be in the courtroom. We also shouldn't forget the pressure applied by Congresswoman Zoe Lofgren on USCIS and DOS. She was ready to wash their dirty linen in public. No doubt, she was influenced by rally in San Jose - which happens to be her constituency.

    3 year EAD/AP, AC21 interpretation are rules that USCIS makes, there's no way a judge can dictate what rules a government department should make. You wrote "there is nothign to lose but a lot to win" . Like someone pointed out we won't even be recovering 10k -20k spent on it, even if we win. We'll be getting into a case which has no chances or very slim chances of winning.

    If we lose the case, there's no going back to discussions with USCIS. They won't be entertaining us after we sued them. It's a grave risk you should understand. I feel tired at having to explain it the Nth time to some of you who still consider AILA as a messiah. Nothing happens because of just one factor. It's a combination of several factors that ultimately produces results. There are no silver bullets that fix every problem. Its the reality.



    it is the threat of a massive lwsuit from immigration lawyers association that made uscis backtrack and open up july 2 filing..we are all benefeciaries of that.

    itz not our flowers or the rally that did the trick it is the threat of lawsuit.

    if we consult lawyers we can check if we have a case and on what grounds. even f not anything else we may win on things like 3 yr AP relaxed ac21 rules etc. these are operational policies and dont need congress. USCIS can change these rules.

    there is nothign to lose but a lot to win.

    we can even appeal on the grounds that USCIS policies led us in to a bonded labor situation unable to change employer , foregone career choices and income potential..etc.. this violates the concept of free will and just labor practices. Many rules in AC21 and AP still try to tie us down to the employer who has already enjoyed > 5 years of our hardwork.



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  • pathiren
    09-28 08:46 PM
    Thanks for the response in advance.

    The question is:
    1) Can a husband (on H1) own a business and sponsor (H1 and greencard) his wife to work for the same business?
    2) Can an Indian company start LLC or any other kind of firm and own a business and sponsor someone- more specifically my dad (a major stake holder in Indian company) and this indian company starts some kind of LLC or inc (whichever is feasible) and sponsor my wife for H1 and greencard?

    I know its kind of confusing, but would appreciate if you can try and explore this.

    Thanks a lot!





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  • Googler
    02-16 02:37 PM
    Suppose the admin fix to recapture 'lost' visas is a success. How many will India Eb2 get out of that ? May be 5000 ?
    One really needs to know the number of India Eb2 applicants pending in each year ( of PD ) . If it iturns out , say , there are 25000 I-485 applications with PD up to year 2002, then ?!
    Will a USCIS customer service rep be able to help us with this question :
    "Sir/Madam how many India EB2 applicants are waiting , with PD earlier than mine ? " .

    My friend, in 2003-2004 alone there were 136K EB greencards wasted. When recaptured, in the past they have been given to oversubscribed countries. That is almost an entire years supply of EB greencards.

    As far as your last question goes: I'm amazed, given your interest in this subject, that you have not read the 2005-2006-2007 Ombudsmans reports which discusses in some detail how USCIS claims that it cannot provide data on pending applications by EB preference, country of chargeability, and PD. Do take some time to familiarize yourself with these reports (and read the damn footnotes.)



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  • smuggymba
    07-27 11:33 AM
    What has EB5 to do with amway?
    Did I mention I'm making millions? Obviously on the way, but atleast I have something to fall back to if I loose my job. Do you?

    As someone else mentioned on this forum, it is illegal to earn while on H1-B from sources other than your employer.





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  • Lasantha
    12-14 03:45 PM
    Good summary but let me also add the observation that eliminating the per country quota alone will not bring the desired benefit unless the following are also implemneted

    1) Increase of the total EB quota
    2) Exclude dependents from the quota
    3) Re-capture unused visas from past years.


    To summarize the discussions on this thread:

    Yes, it is 7 % for all countries.

    Now it is manifestly obvious that the 7 % figure is arbitrary, and not fair. That much we can all agree on.

    The real question, as raised in the first post of the thread by soljabhai is:

    (A) Is that constitutional?
    (B) (And this is the real question): If it is, what should we do about it?

    Intelligent questions, both.
    The answer to (A) is not clear. We need a competent constitutional expert to opine on the matter.
    For (B), (which is what the thread is really all about), there are lively discussions with differing views.
    lazycis has presented good evidence that the case is not cut and dried legally. It might be unfair, but those are the laws.
    mbartosik, alterego, me and others have argued (from different angles) in terms of pragmatism. (Cost is not worth the benefit)
    garybanz, soljabhai, and others have argued that it is worth it (Cost is worth the benefit).

    Anyway, agree or disagree, its an interesting thread with interesting posts..





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  • 485Mbe4001
    06-11 07:09 PM
    "Now with this huge deluge of immigrants, especially from the desi consulting companies, I feel that my quality of life is getting adversely impacted. Do not rush to conclusions that I am anti Indian or anti immigrant. 12 years back when I first got my H1 visa, the requirements to qualify were strict. "

    i am not interested in giving red or blue dots but i do hope your citizenship application gets stuck in a processing delay, you too will then realize the implication of your so called Darwinian flush :rolleyes: As they say...when it happens to others its a recession, when it happens to you it turns into a depression...good luck..

    I hope your post did not imply that the ones who got GC's were the 'brightest and the best'.





    snthampi
    07-30 01:16 PM
    By the way did buy any of the stuff from them later on. I mean u r that close to them.

    Or just close to her?:D





    dilipcr
    06-16 01:50 PM
    Easy for you to say when you are applying for your citizenship. You sir, are an idiot. And if you were really on H1 for as long as you claim, you are a mean idiot, no less.

    Retrogression is a scar on the face of EB immigration.

    Thats the reason every immigration bill so far related to EB has tried to resolve this issue. Anyone who says retrogression is good is either misinformed or a pychopathic specimen that needs instant mental evaluation, followed by treatment and observation in an asylum. The observation should continue for as long as it takes a typical EB3-India case to get approved. To paraphrase your quote: "The truly cured would still be observed until their turn for release comes"

    Why do you have to resort to calling names ? Are ad hominem arguments the best you could come up with ? Let me give you an analogous case wherein people say that a recession is a good thing. Recession occurs in order to cleanse the economy of bohemian excesses and inefficiencies. Do you think that such people are sadists and belong to the mental asylum ? Of course there are people who get affected in a recession. Does it mean it is not desired ? In a similar vein, you need to understand that there were and are huge gaping inefficiencies in the current immigration process. There has to be a way to curb these excesses and inefficiencies. Retrogression may not be the best way but it is the only way utilized right now. If you still believe that I have to subscribe to these inefficiencies despite having gone through the immigration process, I am sorry I beg to differ.