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  • soljabhai
    12-14 03:33 PM
    Personally I do not believe that the 7% limit is discrimination. The 7% limit for all countries appears to be equal, it leads to an issue as described below.

    2 individuals, one from an oversubscribed country and one from an under subscribed country, leads to their career being affected by where they have been born.

    Even though this situation might not be and in all probability is not discrimination, it does lead to conflict certain with certain other government regulations like EEO etc. Which one has precedence? Why?

    I don't know the answer to these questions. Nor do I profess any super ability to even make the correct evaluation. But it does present itself to be a moral dilemma. Precisely the situations where the courts might be able to provide guidance (assuming they haven't already)





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  • bajrangbali
    05-01 06:56 PM
    It looks like my post which was meant to bring some awareness to the innocent civilians being killed in SL has lost its purpose. Here are some clarification which will respond to atleast some posts:

    1) There is no support for LTTE, not by Indian govt, not by USA, UN or any other country and neither by me
    2) Post is not to gather support for LTTE, post is to gather support for INNOCENT CIVILIANS being killed. Now both sides killed civilians, recent report by UN (third party which is neutral - if neutral or UN still carries any value) shows SL army bombing the civilian safe-zone which is an outrage.
    3) SL tamils are not Indian citizens. If we get US citizenship do you think anyone in USA will treat you as american, you are Indian American. My reference to Indians in SL is the same, thought you guys are smart enough to understand that.
    4) Our Indian government with all its might..should not keep quiet and let the ethnic cleansing happen..kill all the LTTE no one cares..but killing all tamilians or most of them to keep others quiet is outageous. Bringing out this atrocity is the point of my post.

    And guys..I am not a tamilian..I am an Indian..if this happens to any other group in India I will stand up and shout with the same ferocity with which I posted this. Standing up for good cause and protecting human values anywhere in the world need not require us belonging to a particular community. Being human is enough!

    Show some understanding to the suffering and above all...stay in peace





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  • nixstor
    07-03 04:14 PM
    Wrote to Jennifer Ludden at NPR who regularly reports on immigration
    email addresses are first name initial followed by lastname at npr dot org, if you would like to write





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  • newtoearth
    05-03 12:20 AM
    ...



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  • anilsal
    11-12 11:57 PM
    As for the people who have benefited, there is something to be said about being in the right place at right time.......

    Curious as to how many of them will have negative feelings towards CIR, SKIL or H1B quota increase. I am sure the percentage will be high.

    Lots of big companies have made use of this labor substitution.





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  • Caliber
    09-04 01:27 PM
    I am not any of these. I bet you guys .. $million

    Go to your postings in this thread and read what you wrote in "Brain Damage". You wanted to distribute sweets??? How do you feel when YS Jagan grabs what you have in your village? You were supporting them so much, why not advice them to return 10,000 acres of land that he grabbed for Brahmani Steels? Jesus Christ killed YSR, otherwise, they would have grabbed all your village. Be happy, Jesus took him away.



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  • Lasantha
    12-14 02:48 PM
    His/Her country of origin and the state chapter is not really relevent for this discussion now, is it?
    :cool:
    Villamonte,
    Just so that we can understand the background of your continues opposition to this idea, could you please let us know your country of origin? Also some information about which state chapter you belong to will be great if you don't mind. :)

    Thanks.





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  • dixie
    02-13 01:01 AM
    I thought the alien must be present on a dual intent non-immigrant visa to be eligible for AOS (I-485). I don't think people on F1/F4, B1/B2 are eligible to file for AOS while in the US. Consular Processing may be a different story.The H,L and O NIVs are the only ones that I know have dual intent.


    They enter on visitors visas. Their I-94 card may be valid for 90 days or 180 days. They have a pre-arrangement with a company or relative to find a company who will file perm labor in eb2; file 140 and 485 and then stay and get their greencard this way. Since perm labors get approved very fast and ROW people are filing in eb2 then they are taking up the quota. Main requirement of filing 485 is one has to be in valid non immigrant status. Anyone who enters USA in non immigrant status (h-1, h-4, L-1, F-1, F-2, B-1/B-2, etc.) and can get a perm labor approved in eb2 and they are from row will get their greencard in less then six months.



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  • tonyHK12
    01-13 02:53 PM
    Do you think some one would go to all this length of providing helpful posts and do all the drege work all to just convince you. Please do not think so high about yourselves. As i said before to scare you all i need to do is write one post and that is not my strength that is you guys weakness whcih is on display here.
    You've got to be high or sick or both - go see a doctor. Right now you're just throwing trash around.
    great so you're trying to incite arguments between members and calling people names. you just proved my point. well don't waste time making empty threats or inciting people on forums.
    You can take your trash somewhere else.
    If you had any ideas you should have talked to your IV state rep in the last 4 years, it doesn't matter what you post.





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  • kumar1305
    01-22 07:44 PM
    I'm sick of you guyz. How long would you fight among us. We fought among us and the rest ruled us for more than 1000 years. We are educated but of no use, still fighting for no reason. Looking at you I feel the older generation made no mistake(atleast they were not as educated as us). But is it? Can't we be united? What could unite us?



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  • ajthakur
    07-15 02:32 AM
    I filed for 485 during July 2007. My 140 was already approved. Due to some problems I quit my employer in August 2007. My previous employer was a desi blood sucker. I was fed up & decided to quit after working for him for 3 years. I applied for H1 transfer with a new employer based on approved 140. I got H1 approval for another 3 years. Currently I am working for the new H1 sponsoring employer. I also received an EAD card based on pending 485 for one year. I didnt notify USICS of job change in July.

    I applied for EAD extension this year. The application for EAD extension is pending. I got a following RFE on my 485:
    Please state whether or not you are currently working for your I-140 petitioner.
    You must submit a currently dated letter from you permanent employer, describing your present job duties & position in the organization, your proferred position (if different from your current one), the date you began employement & the offered salary & wage. The letter must also indicate whether the terms & conditions of your employement based visa petition (or labor certification) continue to exist.

    I am not in good terms with my previous employer so I cant ask him for a letter. I can ask my new employer for such a letter.
    Also is it possible that 140 was revoked by my previous employer?
    Why did they send a RFE instead of NOID in my case?





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  • aka
    12-13 11:50 AM
    Discrimination in employment based on nationality is not allowed. However, can we extend the argument to the employment based immigration? We can always choose to take that promotion though we will lose our place in the queue.

    Leaving the question of fairness aside, under the current legal framework my guess is we do not have a case.

    This is a very interesting angle... even though on the surface it looks like we have a choice in taking that promotion and losing our place in queue, it is not really a choice. Do this a couple of times and your six years on H1-B expire, you basically have to leave your job and go back to your country. So taking a promotion is eventually a dead end. I think by extension, we can legally argue that this per-country based quota system is really (inadvertently) leading to discrimination in our employment based on nationality (which is unconstitutional).



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  • mariner5555
    02-14 06:25 AM
    What rights did the Natives have in the 18th and 19th centuries when Europeans invaded their lands, and massacred most of them? Did they respectfully ask the Natives if they could immigrate? No? They walked in as if they owned this land. As a Canadian, I'm ashamed to say that this happened in my country too.

    Never think of immigration as a privilege - think of it as your birthright - this is your planet and you have the right to go wherever you want. Get into that mentality instead of the groveling "Please sir, I want some more" mentality.
    well said. actually there should be corresponding supply of green cards to the demand. as long as jobs are there and people are needed - GC numbers should be increased. but life is never fair - my advice (to those who want) - live life well , try yr best with IV efforts and make as much money as you can(and be ready to move out with it). I think country limits was set in green cards to ensure that not many people come from one country (because they become powerful as their numbers increase and become a voting bloc) - however migration from south changed everything.





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  • at0474
    12-14 01:09 PM
    Don't be upset dude. I'm just trying to suggest so that we could think out of the box. I don't think I have a bad taste.

    Honestly, we tend to be discuss to much the law here. We are not experts of law and I think we should start calling our lawyers and talk to them about this idea. Let's see what our lawyers will say and then we can share those comments from lawyers.

    Please don't be upset.

    --Cheers!



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  • whoever
    04-28 12:48 PM
    so no more labor substitution han? that sounds so sweet to me. we should expect pd movement for eb3 now and maybe for eb2 too now. and this is the best news i have heard in such a long time.





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  • BharatPremi
    12-14 04:57 PM
    Simple. If it wasn't for that ceiling the vast majority of the visas will go to applicants from the oversubscribed countries. Now this is not a bad thing if the visas are in unlimited supply. But since that's not the case, the country ceiling ensures that even people from smaller nations will get an equal oportunity to claim a visa before all the visa are grabbed by their BIG brothers and sisters. And what's more what ever is left is given back to the oversubscribed countries.

    How can you call that unfair? Is it fair to deprive a person from a smaller country, equal chance to have go at his GC?

    Lasantha,

    You are fond of "Ceiling", Good. Provide me a solution with a goal not to hurt progress march of US economy in following imaginary Scenario without changing current EB immigration laws:

    Assumption 1:Whole EB Bus starts with year 2009 - no backlog for ANY
    COUNRTY - USCIS does not have any kind of administrative
    mess - Situation in USCIS is such that moment it find work, it
    will send flower to you for keeping them busy. - US industry
    exactly need 140000 skilled and highly skilled people from outside
    world as within US they have shortage of exctly that number.
    and it can not afford a single person less than that to keep
    economy at balanced level.

    Assumption 2: India can provide 35000, China can provide 50000, Britain can
    provide 4000, Sweden can provide 2000, Saudi Arabia can
    provide 1000, Sri Lanka can provide 4000, Thailand can provide
    500, Pakistan can provide 5000, South africa can provide 5000
    ,Bangladesh can provide 1500 and rest 32000 from Europe
    (other than Britain) and each of above country cannot provide
    more labor that what is mentioned here. And other unlisted countries
    do not have any skilled persons to provide (This is assumption.. DO not go after me...:))

    So whole world together is ready to provide 140000 labor to US. With current laws tell me what will happen to US economy? Will US Industry be able to get all 140000?

    Will you still be trumpeting "Ceiling" drum?



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  • gcdreamer05
    07-03 01:43 PM
    This is a question to the attorney.

    There has been several posts in this site as well as other sites about the recent PIMS delay for stamping in Chennai and other consulates abroad. (That is visa extensions based on approved I-140). In my case i am in 6th year of h1b and am eligible to get 3 years extension as my I-140 was approved more than 2 years ago.

    Some members had said it takes anywhere between 10 days to more than a month or so.

    Please advice us who are waiting for visa extensions based on approved I-140, as to what we should do to mitigate this pims delay.

    Because people like me get 2-3 weeks holiday to go back home and if the stamping gets delayed then everything including our job is at risk.





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  • gcisadawg
    03-28 12:58 AM
    Well, Varun or for that matter Rahul, neither belongs to Gandhi Clan nor Nehuru Clan.
    They are Batliwala's! Grandsons of Feroze Ratan Batliwala!

    Btw, Feroze Batliwala was one of the greatest parliamentarian. His grandsons are acting like jokers!

    Rahul Gandhi ==> Half Italian, quarter parsi, quarter Kashmiri pandit
    Varun Gandhi ==> Half Sikh, quarter parsi, quarter Kashmiri pandit.


    http://news.rediff.com/column/2009/mar/27/guest-column-tarun-vijay-on-dynasty-and-the-varun-effect.htm
    Those who opposed the Ayodhya temple movement, wore silence over the plight of Kashmiri Hindus, damaged the Ram Sethu [Images] and denied Lord Rama [Images] ever existed, denied the violence at the Godhra railway station, and embraced the butchers of 1984, are collectively gunning at Varun Gandhi's [Images] political life.
    Column after column by Padma Shris in the media have created an atmosphere where supporting Varun has become a sin. Why? The simple reason is that the farmhouse of Gandhi-Nehru politics has been broken and a scion of the family chose to speak out as his conscience directed.

    More than what Varun said or didn't say, it is the hurt and bewilderment over the loss of a Gandhi to the saffron brigade that has made the media and anti-Hindutva politicos react with such venom and acid. He was not heard, not given a chance to present his case, nor did forensic experts examine the so-called proof in the form of a CD containing his speech.

    Varun has suddenly dwarfed the media-supported Rahul.

    Nobody has ever heard a dynasty member to say with understandable assertion that he or she is a Hindu. Rather, they have always tried to look differently at things. They banned Hindu organisations, imposed the Emergency, removed basic human rights, never willingly facilitated the Sikh massacre probe, rewarded hardened criminals, made alliance with those who were convicted for murder or were facing scandalous charges, had the Muslim League join the government after Partition. Yet, they are nice, decent, peace-loving, patriotic democrats who love to tell others: 'Go read the Gita.'

    When Indian soldiers were fighting Pakistani marauders in 1947, we didn't have enough jeeps. So orders were placed with the British company and supply demanded immediately. Our high commissioner in London [Images] V K Krishna Menon, Pandit Nehru's [Images] blue-eyed boy, messed it up. The jeeps reached a year late.

    That was the first scandal in independent India.

    We lost Gilgit, Baltistan and Skardu. We lost Aksai Chin because the government in New Delhi [Images] didn't know the exact boundaries and so no patrolling was being done there.

    In all we have lost 125,000 square km to the Pakistanis and Chinese during Congress rule.

    Plus we had a bad dream called 1962.

    At that time our ordnance factories were making coffee machines as Pandit Nehru openly argued against having a well-equipped large army for defence. 'Who is going to attack us?' he would ask.

    And people still remember the mysterious death of Dr Syama Prasad Mookerjee, who simply wanted Kashmir to be a part of India like Bihar or Bengal and the permit system to enter the valley be abolished. Kashmir had two rulers then, its ruler was called Sadr e Riyasat or 'head of state', and it had a prime minister. Mookerjee's martyrdom compelled the Nehru government to remove the permit system and the two heads of state.

    Then we had the Mundhra scandal, the Nagarwala case, the L N Mishra murder. The Jana Sangh's fast-emerging leader Deendayal Upadhyaya was murdered. A Congress leader canvassed openly against the official Presidential candidate and supported her own choice as independent nominee. The original Congress symbol was a pair of oxen. After the official Congress broke up, they got the hand as a temporary symbol till the case is finally settled. It would never be.

    Opposing Sonia Gandhi's [Images] sudden rise in politics only on the grounds of her foreign origin were leaders like Sharad Pawar [Images] and P A Sangma. Old Congressmen still feel sad that they lost dynamic and promising leaders of substance like Rajesh Pilot, Madhavrao Scindia and Jitendra Prasada, who could have steered the Congress on an entirely different and strong nationalist course. And a veteran like Sitaram Kesri was humiliated no end.

    The only non-dynasty prime minister to run a Congress government for full five years successfully was insulted even in his death and his body-in-state was not allowed to enter the Congress headquarters in New Delhi. An airport in his home state to be named after him was opposed to by Congressmen although the proposal was put forth by an Opposition leader.

    This is how they treat their party leaders not belonging to the family. They amended, abused and twisted the Constitution, put the entire Opposition behind bars for an undisclosed period and were harsh on the unyielding masses.

    Yet, they are the democrats and secular lighthouse of freedom of expression and liberty.

    They kept India backward in such a planned manner that even after 62 years of independence we are yet to have a spacious functional airport in the national capital, 70,000 farmers committed suicide in one year, decorated soldiers returned their medals in protest and a movie on our poverty-stricken 'slum dogs' fetches the Oscar. And they loved illegal infiltrators for the sake of their votes -- and still they say they are the inheritors of a freedom struggle that demanded the ouster of aliens.

    No electoral reforms, no police reforms or strengthening their morale and weapons, the administration is still run the way it functioned during the Sahebs; and despite having won a well-fought war in 1971 we couldn't settle the Kashmir issue or control the jihadi tail-wagger in the neighbourhood.

    Minorities were so well supported in Congress regimes that in the sixth decade after independence they felt a need to provide special crutches for them. Show the 'M' card and get the privilege, became the new secular psalm, further shrinking the space and opportunities for the condemned majority.

    More than anything else they tried to wreck the morale of the assertive Hindus who faced the onslaught of invaders for 12 centuries with unparalleled bravery and with invincible spirit to protect their culture and the fragrance of the land. They deserved to be comforted most after a fractured independence and a massacre that was thrust upon them by a weak Congress leadership. Yet, a large section of Hindus today feel cheated and anguished.

    They form governments in 12 states, prove they can run the country beautifully with a coalition of 25 parties with diametrically opposed ideologies. And one of their Swayamsewaks unfurled the tricolour six times from the ramparts of the Red Fort [Images] as the prime minister, impressed world leaders and the international media with a record of infrastructure-building, communication revolution and women's empowerment, chose a Muslim to be the President and conducted Pokhran II by fooling the CIA's 'eyes', and resisted extraordinary world pressure and sanctions.

    Yet, they are called anti-development, anti-women, even anti-social. In not a single so-called mainstream media outlet are their views published, but every news item is scanned to hurl stones on them through editorialising on the front-page.

    Still, they are the very objective face of our independent media.

    The choicest abuses used by 'decent guarantors of the freedom of expression' columnists and editorial-writers can be collected as a bouquet of India's uncivilised lexicon, yet their films against the very spirit of Hindu nature get widely supported by a regime that survives on Hindu money and votes.

    Their love for development and secularism is so deep that they can send dredgers to destroy a million years of faith and marine life because that was Ram Sethu, but won't dare to touch a six feet by six feet dargah in the middle of the road blocking the highway and causing accidents, for fear of annoying a vote-bank.

    And then they say, they are the future of India.





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  • logiclife
    01-23 04:32 PM
    http://news.mainetoday.com/updates/008785.html

    NEWARK, N.J. - A business owner from India was sentenced Monday to 20 months in federal prison for helping hundreds of immigrants live and work illegally in New Jersey and elsewhere in the United States.

    Narendra Mandalapa must also forfeit $5.7 million and two luxury cars - deemed to be proceeds of his crimes - and pay a $25,000 fine, under the penalties imposed by U.S. District Judge Dickinson R. Debevoise.

    Mandalapa, 36, was owner and president of Cybersoftec Inc., a business consulting firm based in Edison in 2004 and 2005.
    Cybersoftec also claimed offices in Portland, Maine, and
    in New Hampshire, and obtained more than 150 certifications in the two states for temporary work visas in 2004 and 2005 through the U.S. Department of Labor, the Portland Press Herald reported.

    Cybersoftec, according to Maine Department of Labor records, also filed about 50 labor-certification applications in Maine for green cards, which allow foreigners to live and work in the U.S. indefinitely.

    Mandalapa had pleaded guilty to immigration fraud, admitting that he got up to $22,000 from immigrants to file fraudulent documents. Those included I-140s, which are petitions for an alien worker to become a lawful U.S. resident.

    Mandalapa has been in custody since his arrest Nov. 3, 2005. His lawyer, Bruno Bier, said Mandalapa will get credit for his 14 months of confinement and will spend about six months in prison before he will likely face deportation proceedings.

    None of the indictments on 29 counts of immigration fraud, money laundering and mail fraud related to his applications for green cards were linked to activities in Maine. Mandalapa pleaded guilty to one count as part of a plea bargain.

    Bier said Cybersoftec is no longer in business.

    Our message to Narendra "Nick" Mandalapa : Enjoy prison. Maybe on the inside, you can sell contraband items just like on the outside you sold approved labor certs.

    --------------------------------------

    Like someone said on the news article thread, the only difference between this guy and other desi companies (Desi means "of Indian origin") is that this guy got caught, while hundreds of other companies still sell approved labor certs with earlier priority dates.

    And all this illegal trade is much to the delight of AILA, who is pushing hard to keep labor substitution alive.

    What's in it for AILA? : Additional business of labor substitution. Now, for a few extra pennies, AILA would not hesitate to screw thousands of GC applicants waiting in line and enable the "Cutting in line" that happens due to labor substitution.

    So if you think AILA is a friend of immigrants (legal or illegal), think again. Its a friend of $$$. And there is nothing wrong with that. Everyone pursues self-interest. That is what AILA is doing. But dont misunderstand AILA as a champion of immigrants (legal or illegal). It represents immigration lawyers, not immigrants. On a rare occassion, the interests overlap, and that's good. But on many issues, AILA has a history of being very very employer friendly as far as immigration law is concerned, even if it comes at the cost of employees(immigrants).





    mrdelhiite
    07-08 08:54 PM
    My question: I came to us on F1 Visa. I do not have my last name in my passport. Yes it is true ..stupid passport department missed it as they write names with hand ... passport was made when I was in high school…9th grade to be precise. I never got it corrected and came to us …visa was issued to me using FNU firstname format. When I applied for I-20 SSN, and everything in US after that I added my last name (my actual family name which got missed in passport) as us system does not allow blank last name. Note that my passport last page correctly shows my fathers and mothers last name which I have added on all my us documents like SSN, DL, … now I have been in us from past 5 years with all ( and I actually mean all) my us docs like H1, SSN, I-20, License, 495 application etc in firstname lastname format. ….. the only 2 things which are not in my first name last name format is
    1) visa which is FNU Firstname ( FNU = First name used)
    2) My passport which has just my first name and no last name

    one of my good friend got a 485 query as his first, middle and last name are mixed up with respect to his passport and 485 application. Which I feel is a much simpler case as compared to mine.

    Now my question is should I go ahead and change my name in my passport which is nothing but add my last name and get a new passport preemptively…or I should wait for USCIS decision .. Usually RFE is given 30 – 40 days to reply and I don’t think I will have time to get my passport fixed if and when RFE comes on my 485 .. the only issue I have with preemptive fixing name is sometime it is just better not to add complication to a case when it comes to USCIS …. A lawyer’s opinion is much needed and appreciated.

    Thanks for your help
    -M

    PS: my priority is Feb 2007 EB3





    lazycis
    02-15 11:22 AM
    I set up a yahoo group to discuss the issue. To subscribe, send an e-mail to
    visa-recapture-subscribe@yahoogroups.com
    Please include your IV alias when you confirm your subscribe request.

    Also, just wanted to clarify that I will not be able to spearhead the issue. I will contribute as I can: financially, doing legal research, reviewing briefs and generating ideas. But I do not have a lot of time to dedicate to this initiative. I also think it should be somebody who is affected by retrogression. People should be willing to change their situation, otherwise I do not see the reason to help them.