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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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  • jonty_11
    11-02 10:11 AM
    In 1992, 1994, 1995, 1996, 1997, 1998, 1999 and, again, in 2000, Canada was ranked No.1 by the United Nations Human Development Index as the best country in the world to live. Unlike the United States and other countries, there is no quota based on either nationality or occupation. The Canadian Government's new immigration plan for the next five years and beyond is to emphasize the admission of a greater number of skilled immigrants with abilities to contribute directly to Canada's economic and social development.
    The rights of Canadian Permanent Residents are almost the same as those of the Canadian citizens except a few, such as right to vote.

    1. After becoming a Permanent Resident you will have the freedom to live and work anywhere in Canada.

    2. You will also have the freedom to work in/with any profession/employer of your choice.

    3. You may purchase/sell any property, own and operate any business anywhere in Canada.

    4. A Permanent Resident becomes eligible for Canadian citizenship after living in Canada for a period of three years of the last four years prior to the date of the application for citizenship.

    5. The best of all, you and your family can enjoy the benefits of free Canadian Healthcare, free primary and secondary education and subsidized post secondary education, security of unemployment insurance, old age pension, child allowance etc.

    Benefits for H1B, F1 or L1 holders:

    1. Unlike US work visa for a specific employer/profession a Canadian immigrant is free to work anywhere with any employer or in any profession in Canada.

    2. Unlike applying for GC in US, you need not to be present in Canada or working in Canada in order to apply for permanent immigration for Canada.

    3. It might take you years to get a Green Card in US, whereas you along with your spouse & dependent children can get Canadian immigration within a period of 12 to 16 months.

    4. May opt to stay outside Canada for a period of 3 years in any given period of 5 years and still maintain his/her permanent residence status.

    ***The pass marks for federal immigration under the skilled worker category was lowered to 67 from 75 points. This is the best time to apply for immigration to Canada as this points criteria might change again any time which may render you ineligible for this opportunity.


    Many fallacies in your list.

    You are comparing Canadian PR with H1B. If you have US GC, you can do everything that you can do in Canada on PR.

    You do not have to be in US to file Family based or EB GC/ EB GC is for future employment ideally, and you have tojoinonly after your I-485 is approved.

    Oh just realized ....here is another shameless advertisement..PLEASE REMOVE THIS..

    BTW folks Canada immigration process is self DOABLE..and you do not need immi lawyers like ROOT **** law grp to do that for you





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  • GCA
    10-29 01:03 PM
    Giving GC's for buying home seems toomuch biased and benefits only a subset of EB, and totally shifts the basis of the EB category.

    On the other hand, if their visas can be exempted from the visa numbers(annual quota), but still tied to the visa dates being current for their priority dates, this will benefit the entire community and law makers can justify the approach without stiff oppositions, if any. To me this feels lot more reasonable and everyone(EB applicants) will evenly benefit from this.

    Almost 20-30% of the Eb appl. from 2001-2005 should be already in a position to buy or bought a home. That should help dates move faster for older dates.

    Just a thought. But this alone will NOT resolve all our issues and backlogs. Just speedsup the date movement in a steadily manner.





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  • GCplease
    10-09 02:35 PM
    I mailed the following message to Senators, Representatives, President's Office, various News organizations sometime in April this year. No one bought it except for some standard reply from the Senator's Offices. At this time, when they have bigger issues, we would be at the bottom of the pile -




    "The Economy is inching towards Recession. The President’s Economic stimulus plan will take at least 6 months to bring in the questionable benefits of the Plan. The Fed is aggressively cutting interest rates to turn around the economy. The questionable benefits of these will take a minimum of 6 months to bear fruit.

    Nothing can prevent the economy from going into Recession if the Housing crisis is not fixed, neither the Economic stimulus nor the Feds cutting the interest rates.

    Now, how do we fix this Housing Crisis. We need to figure out a way to add home buyers. Now, where are the buyers, you may ask. There is surprisingly an easy answer – Employment based Legal Immigrants. These are immigrants who came into this country legally, pay their taxes and social security and who apply for their Employment based Green Cards, the legal way.

    There is a huge backlog of employment based legal immigrants who are waiting to get their Employment based permanent residency (Green card). There are approximately 750,000 applicants in line. This backlog has been caused by the annual quota of employment based green cards whose annual limit (140,000) was set decades ago.

    These are the immigrants who have already passed through two stages of immigration processes – the Labor Certification where it has been verified that no American talent has been available for the Job Descriptions these immigrants were hired for and The I-140 where the employer is verified to be a genuine employer with financial ability to pay for the immigrants so that they don’t become a liability for the state. They are in the final stage of the Green Card process where this huge back log is.

    On top of this, visas not used on a calendar year due to enough resources not available to process them, are wasted. Over the years, these un-used visas amount to around 160,000.

    Increasing the annual quota of employment based Green cards from 140,000 to 300,000 would be ideal. Even Microsoft’s Bill Gates has supported this idea in his recent Congressional testimony on March 12, 2008. But that would require the act of Congress and the Senate and it needs to take its course. We need an immediate solution. Re-capturing the unused visas just needs some administrative fixes and this has been done in the past as recent as 2005.

    Senator John Cornyn is working on an Amendment that would allow the Department of State and DHS to recapture unused employment based visas. Refer -
    http://cornyn.senate.gov/public/index.cfm?FuseAction=ForPress.NewsReleases&ContentRecord_id=E3CA3FF5-802A-23AD-4A46-BA89FCCC0735

    In this he states,

    “This (recapture) is not an increase in employment-based numbers but rather, a direction for the agencies to use all the visa numbers that are available today”.

    If these unused visas are captured and issued to the Employment based legal immigrants, who have stayed in the country for at least 6 years, we are adding a significant amount of home buyers to the economy.

    These immigrants will eventually get their Green Cards in 2 to 4 years. Why not give it to them now so that it will be beneficial to the ailing economy.

    The 160,000 un-used visas that are captured and the annual quota of 140,000 employment based Greencards for 2008 amounts to 300,000 green cards which amounts to approximately 150,000 families getting a green card.

    Employment based legal immigrants (EB1, EB2 and EB3) who have stayed in the country for 6 years are economically well off and have excellent credit history. Once they get a Green Card, they'll feel more secure and think about buying a home and settling down.

    Of the 150,000 families, 25 % may already own a home. 25% may not have the intention of buying a home due to various reasons. Even if the remaining 50 % buy a home,75,000 homes will be taken off the market. This will act as the much needed catalyst and will ease the Housing crisis a little bit.

    At a median price of 200,000 (this could be much higher as most of the Employment Based GC aspirants live in the metro areas where the price of houses are much higher), this is an addition of 15 Billion dollars into the economy. By this time, the President’s Economic stimulus plan and the Fed’s interest rate cut will come into effect and the Economy will be saved from going into a full blown recession. "



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  • Jerrome
    05-11 05:35 PM
    Hmmm... Not sure what you mean about my opinion and mindset. I was only responding to your "accusation" of SL government destroying "competitiveness" by providing some facts openly known to almost all Sri Lankans but not in the outside world. Those facts also give you an insight in to the root cause of the problem. You are free to form any opinions about me. Just remember that there are two sides to each story. Look at both sides before you make a judgement.

    As for your wish wanting to see Sinhalese and Tamils living as equals in a peaceful sri lanka, we all share that sentiment with you and Thank you for that. Hopefully that day is not too far.

    Panini, Since i know the history better i was making those comments, My opinions are not based on the articles or something which i read recently.

    Do you dispute this link, do you think even this is Pro LTTE.

    http://en.wikipedia.org/wiki/Origins_of_the_Sri_Lankan_civil_war

    Tell me is any of this root causes identified in this wikipedia entry is going to be GONE after this war against Terror. I don't think SO.

    Now tell me how the problem will be solved if these root causes are not resolved.





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  • Saralayar
    01-27 12:45 PM
    DPuranik,
    You have provided a old URL link. Afterwards, the I-140 Premium is extended to all categories including labor substitution cases. Infact, Murthy website also updated that. If you are not sure, do some research on that topic and then post your views.



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  • GCard_Dream
    05-25 12:36 PM
    Oh ya... you think the immigration fees in US are low. Wait till this bill takes effect and you have to pay 5000 dollars just to get a damn H1-B then you will know who charges more for immigration fees.

    As it is the fee is 1500 hundred dollars which is not a joke for lot of people. We normally don't complain because employers pick up the tab. By the way this doesn't even include the lawyer's fee yet.

    I mean how do people come up with things like these to say.

    www.notcanada.com

    Its blatant racism here. THe population is aging and the government makes a big chunk of money via immigration fees.





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  • Rohan99
    01-05 01:50 PM
    ^^^^^



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  • vivekm1309
    02-12 09:12 PM
    That is an apples to dinosaur analogy.

    The per-country ceiling was originally created in order to establish and maintain proportionality in various immigrants coming from different countries in FAMILY BASED IMMIGRATION.

    Family based immigration is driven by family relationship. Its not driven by talent or economic contribution. Therefore its important to make sure that no country completely dominates the family based immigration system by getting a head start. If one country is ahead initially in sending immigrants (like the Irish in the 1920s and Italians in 1930s), then that country's immigrants would sponsor their family and that new family would in turn sponsor their relatives and so on. Whichever country has an advantage in the begining would keep building on that advantage and eat up the entire family based quota. That's why when they wrote the INA in 1965 by codifying a bunch of loose federal regulations that governed immigration, they inserted the per-country ceiling. And that makes sense even today in Family based immigration.

    Every country in the world has unlimited potential to send family members and relatives to America. But every country in the world does not have unlimited potential to send Ph.Ds and skilled labor. That ability is disproportionately huge with India, China, Mexico and Phillipines.

    The per-country ceilings got INHERITED into employment based system because our legislators were too lazy to spot the difference in two systems. One system gives you a green card because you are related to someone. Other system gives you a green card because you have skills that are wanted by an employer here.

    Benefits driven by family relationship should be rationed and given out propotionally because an Irish family, Italian family and a Chinese family all love their families equally and the value of family re-unification is the same. You cant say that the Irish love their sibilings more than the Chinese or Indians do. HENCE THE COUNTRY LIMITS IN FAMILY BASED SYSTEM.


    But in employment based system, what the system is doing is that an Irish guy, (or any ROW guy) with Bachelor's degree in EB3 is getting green card sooner than an Indian guy or Chinese guy with masters degree in EB2. THAT IS DISCRIMINATION. Yes, that is discrimination not matter how you slice it and dice it with your olympic analogies.

    Agreed this is discrimination, what stops us from fighting this discrimination using legal class action lawsuit? Is it the money required or did a lawsuit fail earlier that inhibits us to file class action lawsuit?





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  • TeddyKoochu
    09-15 04:13 PM
    with everyone worried abt the economy and health reforms.. Immigration reforms are toast this year.

    While we must pursue the overall reforms,

    i suggest that we also seek temporary relief seeking lifting of the ban on filing for 485 for the next 2-3 months... this will help most EB3 and EB2 (I/C/) who missed the 2007 window.

    What are the chances of such a relief being provided?
    Will a mail campaign work?..plz raise your hand if you are interested..;)

    Yes this is much needed temporary relief, Iam for it if it comes by. I raise my hand!



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  • snram4
    01-13 02:52 PM
    If the law is followed in the enforcement then that is fine. Integrity of H1b program will be maintained. If arbitary and against the law then that should not be followed.

    I just heard from attorney there are lot of debate going on in AILA and they are trying to stop this memo from being implemented...they are the one going to lose more business then the body shops....





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  • justin150377
    07-27 06:15 PM
    I am in my sixth year on an H1-B expiring Sept 13, 2008 also noted on I-94. My attorney will be applying for an H1 extension based on an approved I-140 and pending I-485. They are also applying for EAD and AP renewal (expiring Oct 2nd, 2008). I am currently in EB3 Worldwide with a PD of Oct 2, 2006. I will need to travel outside the country on Oct 2nd. My H1-B will be pending before but not approved by Sept 13th. Can I still re-enter on a pending H1 extension or will I have to switch to EAD/AP assuming those are approved before my Oct 2nd travel date? Thank you for your time.



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  • sk2006
    03-31 10:11 PM
    Why don't you guys go to some 'INDIAN_POLITICAL_VOICE.ORG' forum?

    This is immigration form and people from all over the world are the members.
    Don't spam them.


    Moderators, please delete this thread.





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  • Ramba
    08-17 03:29 PM
    OMG. This useless news prompted for more than 10 pages. This clearly shows how Indians are victimized for cinema. This is a clear example to show popularity in cine field and money can do any thing in India. Millions of people suddenly back SRK. No one has bothered for APJ when he was frisked at Indian Soil. Now, millions of peoples, media, and government are backing this SRK, just for 2 hours interrogation that he faced in the airport. No one has bothered about thousands of innocent muslims they undergo similar checks at US airport, everyday. No one has bothered about some Mur�ali� from India has to wait additional 2 years for his name check to be cleared for his 485 approval. No one has bothered about millions of social security money contributed by H1Bs, that�s not ported to India when they returned.

    Why SRK should be superior than other passengers for ICE officers at airport? Is it because he is popular in India or actor or having lot of money? If so, what about other scientists or engineers having more credential than SRK, that undergo similar secondary inspections, if they selected? First, he is not on diplomat visa, to give a proper treatment. If SRK feels that his self-respect was not allowing him for the introgrrogation, he should have not landed in US. After all, like many others, he came to US to fill his wallet on eve of �independence� day. Those who support SRK should learn lessons from US, how US is strict in their rules. Because of this kind of �no exception� policy, they did not experience another 911. In India, if any one says I am the son of MLA or relative of an actor, or if he is a friend of airport manager, then he/she will not get any checks. They can easily pass all the checks.



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  • ufo2002
    05-11 02:04 PM
    I agree with jnayar here... but everyone keep in mind that no system is perfect. But the US employment-based system has serious flaws... especially in today's more globalised-based economy. The requirement that someone stays in the "same job role / same employer" throughout the green card process probably made sense back in the old days when people usually tend to work their entire lives for one company. Today, that no longer makes sense. Employers everywhere almost have worker turnarounds of 2 years on average. That means given the average GC process is about 6 years, you could be looking at someone potentially changing employers 3 times!
    Would anyone like to continue working on the same role/salary for 6 years, given that costs of living increase annually? Of course not.

    I know that Australia has a "job-based" PR process, but it doesn't bind you to one specific employer... so at least you do have the freedom to decide what job you would like to take on.

    The question of immigration to which country is better would probably yield one and the same answer based on the parameters that appear relevant to most people. However, the comparison of immigration processes and systems is an entirely different question - in theory, an employment based immigration system would be a lot better if it is based on correct assumptions. However, an employmet based system that ties an employee to the same job for the duration of the application process, and which requires that the same application processing be redone every time an employee changes jobs, while curtailing the maximum period of time the employee can work in the country is flawed. If the reasoning behind this is that the employee has to show that he/she is indespensible to that one job (with all the highly specific skills that come attached to the job description) which no US citizen/resident is qualified to do, should statistics not show that the majority of positions for which green cards were applied for and obtained have the same employee continuing in that role long after the said employee gets a green card? I would be very surprised if the numbers show that a significant number of employees stick around for any period longer than a year or so in their current, gc-approved roles (and by that, I mean the exact same role for which the GC was applied for - be it with the same company or elsewhere.). In a dynamic market for labor where "skillability" and "learnability" are much more important than current skills and learning, how important is the applicability of a person's current skills to a job that would anyway keep evolving or even changing altogether, during the 6 years of so that a person is employed in that capacity while waiting for the green card?

    Just my $0.02.





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  • ramaonline
    06-01 03:09 PM
    Thanks for the post

    I have been working here for 9 years and next year we plan to return back to India. I spoke to SSN customer service to find out my retirement and survivor benefits. Being an Indian citizen, all these are available only if me, or my dependants, have a valid residing status with the US, at the time of making the application. The contribution at this point is like getting a right to work.

    Per the current grey SS Rules, you cannot claim SS benefits on retirement if you are an Indian citizen residing in India at the time of filing the claim. (Even if you have accumulated 40 credits)



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  • alisa
    02-15 02:13 AM
    How would letting "people" know that there is a problem help? The only people that matter are politicians.

    I dont' mean people in general. I mean people like you and I.
    Average Joe is probably not googling 'retrogression' as he enjoys his baby back ribs.
    People like you and I are.

    It would increase membership. Which would increase funding. Which would enable us to lobby more. Which will have a greater chance of success.

    From Einstein's famous equation:

    membership+funding+lobbying+patience = chance of success
    Anything else = Absolute failure.





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  • _TrueFacts
    09-03 11:53 PM
    With your utmost stupidity!!!!!

    Anyway thanks for the Humor from your stupidity...

    If you had a laugh on my post good for you. Should have given you some relief from YSR's death. I have been laughing, smiling and eating sweets since I knew the news.





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  • krish2005
    01-14 03:17 PM
    She says AILA is aware and very well understands all the repercussions of this on attorneys too. She will post back on their updates as and when she gets.

    Hope they will help us fight together.





    rajsenthil
    09-04 11:52 AM
    -TrueFactsis an IV insider. Otherwise how he know the real name of the person.

    Now this is turning out interesting. I checked "vadicherla" profile and could not see his full name "Jayapaul Reddy Vadicherla".

    So it proves that "-TrueFacts" is an insider. A very cunning insider indeed.
    Shame on you _TrueFacts.

    IV and other insider, can you reveal the true identity of this insider?





    Marphad
    05-18 10:44 AM
    Oh Yeah? Says who? You? and made you the boss?

    So you mean to say we have to listen to imposter like you who is roaming around in immigration forum with chargeability as United States? There could be only 2 reasons for this:

    1. You want to use fake profile to spread non-sense rumours and un-necessary posts.
    2. You are anti-immigrant.

    In both cases I want to show you door. Have a nice day buddy. Now please leave.