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  • Aah_GC
    08-15 10:03 PM
    The system is working very well the way it was designed. As some one already pointed out blame it on osama bin laden. Not on the DHS

    Alrite bud, you win I lose. Most Americans still think Legal immigration is a rose-garden that needs to be revamped to their benefit. You do have a point about what-needs-to-be-done-should-be-done but that turns the very foundational principles of this country upside down.
    POE experience is rotting with time, most Indians with H1B don't walk that alley anymore fearing deportation and there is more to come with this attitude.





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  • msp1976
    02-13 02:50 PM
    I don't think so. 7% limit has been there for a very long time. Unused visas from prior years for ac21 purposes were still subject to 7% in current year. The 7% rule was unchanged.

    It seems that you think that the unused visas from prior year were not subject to 7%. There is nothing of the sort that allows this.


    Refer to this text.....

    http://www.fourmilab.ch/uscode/8usc/www/t8-12-II-I-1152.html#_a_

    TITLE 8, CHAPTER 12, SUBCHAPTER II, Part I, Sec. 1152.

    Look at paragraph a(5)

    (5) Rules for employment-based immigrants

    (A) Employment-based immigrants not subject to per country
    limitation if additional visas available
    If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 1153(b) of this title for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.
    (B) Limiting fall across for certain countries subject to
    subsection (e) of this section
    In the case of a foreign state or dependent area to which subsection (e) of this section applies, if the total number of visas issued under section 1153(b) of this title exceeds the maximum number of visas that may be made available to immigrants of the state or area under section 1153(b) of this title consistent with subsection (e) of this section (determined without regard to this paragraph), in applying subsection (e) of this section all visas shall be deemed to have been required for the classes of aliens specified in section 1153(b) of this title.


    This is the section that allows for the 7% cap to be violated in case additional visas are available.................

    This is the one many anti immigrant people tried to get removed again and again......


    USCIS did not do anything wrong in 2005 nor in 2006.....By allocating additional visas to India/China USCIS did not do anything wrong...You can sue them ....USCIS has good grounds to defend their position.....You would not get anywhere...





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  • lazycis
    12-13 05:41 PM
    I've got some experience with the court system and I think the whole discussion is pointless. To invalidate the law, it should be in conflict with the constitution. What article of the consitution conflicts with per-country limits for EB GC? If anything, quota is equally divided between countries, so there is no discrimination. To get a GC is not a right and never will be. End of story.





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  • samay
    07-15 05:15 PM
    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?

    When was your I-140 approved. Was it approved sometime back. If so that might be one of the reasons that you received a RFE. The CIS wants to confirm that a job offer still exists.



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  • vkrishn
    07-21 02:39 PM
    I shouldn't say "Nice to see so many bay area folsk with bad expereience". I should probably use the word Interesting instead of "nice".Sorry about that.





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  • walking_dude
    02-13 11:33 AM
    Amit, noble thoughts. But that's not how majority of IV members think. We have members who think $50 contribution per month is too much. There is considerable opposition to making IV a paid forum (with even nominal fees of $10 or $20).

    Do you think we can get 500 members ready to contribute $500 here? Create a poll on this and see, you'll be lucky if you get 20! Like Jefferson said "those who prefer convenience over freedom and liberty, deserve neither". We are bound to suffer since we aren't ready to act.


    I think every body who wants to have a class action law suit should commit for $500 towards the expense. Only when we have commitment for $500 with person name and contact info, then we should move forward with the idea of Class action law suit. We need 500 people to commit for this otherwise there is no point in moving forward in this direction.

    There might be some people who will be willing to pay money but not listed as participant, and visa-versa and we should have at least 500 people who are willing to pay.



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  • ghouse1742
    03-30 06:03 PM
    We all have different views and support different nut jobs standing in elections. The real sad part is to see some people who I dont think are really bad, openly in this discussion forum putting one community down. Supporting a arsonist, a murderer, a rapist and who has blood of 2000 innocent people on his hands as a "good" administrator is an insult to the intellegence we all claim to have. All communities/castes/religions have suffered enough in India already and not one religion or people can claim to be on morally high ground. We all have kept quiet through the darkest times in India. We should not anymore. Stop insulting the great men (Nehru, Gandhi and others) of our country. With out them and their work we all would be polishing the shoes of some firangi. We are young and we should think about pushing India forward, otherwise some of us with our twisted thinking (for sure we are all showing here) will be the next numb nuts standing in the elections in few years. Jai Hind!!!





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  • skp71
    02-19 03:02 AM
    When will it move to Septermber, 12 2002(another 42 days)? Any idea guys? Thanks.



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  • rajsenthil
    05-01 05:43 PM
    And who told you that they are being opressed - have you been to Sri Lanka and if yes which places did you visit to see the Tamils being opressed .

    The terrorists who come to fight in J&K from Pak say they are fighting because Indian Army and govt is opressing the Muslims . Is that true also ?

    Seriously I don't care - my personal opinion that in this particular case it is none of our ( India's ) business to meddle in Sri Lankan affairs when they are on the verge of getting rid of a menace they have . Terrorism is not a solution of anything . Only peaceful times can bring happiness and prosperity.

    I did not travel to SL but had one my classmate from SL. He is an SL Tamilian and joined me in my school. His parents were taken for interogation and they never returned. Father was killed during interogation and mother died in between the clash. He was bundled in the truck by his neighbor and shifter to India. I dont believe that SL Tamils are treated equally. I really hope that there would be an end to their sufferings. It is unfair to make an incorrect statement. Their own Army Chief Pon Sekara made a open statement that the SL Tamils has to live like a secondary citizens. When thousands of innocent people are dying and trying to justifying is equal to committing the murder.

    The blunder LTTE did is assassinating Rajiv Gandhi. But again Indira Gandhi was assasinated. Even the SL PM Rajapakse assassinated the editor who has written a column about the civilians sufferings.

    I accept that terrorism is not the solution. It is easy to tell that way from a safe place and hidden from the truth.





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  • americandesi
    07-12 12:00 AM
    You may want to write an english proficiency letter detailing the four aspects that they seek, ie reading, speaking, writing and listening.

    They asked me to submit IELTS test results inspite of submitting TOEFL score (108/120) and english proficiency letter.



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  • ita
    03-29 02:12 PM
    or is it ignorance? (even if you are responding to someone' post)
    Hindus in India have come a long way when it comes to religious tolerance,don't you know that?
    Remember we had a Muslim as president(Abdul Kalam) a Sikh for PM(Manmohan Singh) a Italian Roman Catholic as the president of the ruling party(Sonia Gandhi).

    But certainly criminals and perpetrators of Genocide would be desirable PM choices. Rock on

    If you say so then I think Sonial Gandhi/Rahul Gandhi/(even Priyanka Gandhi would be the front runners in list. Don't forget Sikh riots/Bofors/Oil Scam/the now Missile scam /KGB connection (ref 'State Within State')/ Rahul Gandhi's arrest by FBI and many more...

    Here, have fun... enjoy this.( I know if it was written by a Hindu you would come back saying it's biased.But now you can really enjoy it )

    To all it's a must read

    http://74.125.93.104/search?q=cache:prdjEwwFXSUJ:www.francoisgautier.co m/Written%2520Material/Christian%2520India.doc+ambika+soni+religion&cd=5&hl=en&ct=clnk&gl=us

    On a side note:
    Kashmir Hindus were ousted by Muslims. Even during the recent Mumbai attacks perpetrators gave a interview to the news channel saying that it is an attack on the Hindu India.
    Still Hindus maintained communal harmony even though Antulay, a muslim ,tried to take advantage of the situation.Still people like you carp about Muslim discrimination.
    What is this desperation to keep the almost non-existent (Hindus-hate Muslims, Hindus hate Christians)hatred/discrimination alive even though reality time and again proves the harmony of Hindus.

    Even after all this I believe the truth that be it Hindus/Muslims/Christians... we are human beings and equal by the very virtue .



    US just elected a President who father and step father are Muslims. And that is great and the world appreciates that because it shows that this country can judge a person by his skills or character and not get stuck in bigoted views about muslims or other minorities. And we love this country for that

    But when it comes to India, don't you think of voting for Rahul gandhi because he might have some blood of either a parsi or ('god forbid') muslim in him. That certainly should dis qualify him, shouldn't it. Nepotism is certainly bad but this takes the cake. Dont vote for him because he might be 10% parsi/muslim (I am sure you have not forgotten about the italian heritage but you can raise that later). But certainly criminals and perpetrators of Genocide would be desirable PM choices. Rock on





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  • sroyc
    09-24 02:06 PM
    Read any visa bulletin. It's in there.

    SROYC,

    Can you give me USCIS or any other authentic Doc/link which states ICMP share is 7% of 28.6% ? In years I have not found such doc. Therefore, assuming USCIS works fairly :D I had to divide 28.6% by 5 - equal share for each country within particular category.

    Yes, there are many other factors we will have to factor in like incoming flow of applications, swith over count, spillover at the end of the year.



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  • gc28262
    01-13 03:06 PM
    There is lot of non-sense happening in USCIS with union man, Grassley friendly, president in white house.

    Looks like this memo is inspired by anti-immigrant lawmaker Grassley's recent questions to USCIS director. I doubt USCIS has such wide powers as to define employee/employer relationship.





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  • tikka
    07-03 11:19 PM
    http://digg.com/politics/Rep_Lofgren_Issues_Statement_on_Updated_Visa_Bulle tin

    http://digg.com/politics/U_S_Withdraws_Offer_of_60_000_Job_Based_Visas_Ange ring_Immigration_Lawyer/who


    IF WE GET 100 digs on the ny times it will stay on most popular for a while.
    Also, you can DIGG the comments!!



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  • longq
    02-13 02:59 PM
    I don't think so. 7% limit has been there for a very long time. Unused visas from prior years for ac21 purposes were still subject to 7% in current year. The 7% rule was unchanged.

    It seems that you think that the unused visas from prior year were not subject to 7%. There is nothing of the sort that allows this.

    I am not saying 7% is not applicable for recaptured numbers. EB3-ROW was current while EB3-IN,Ch retrogressed in 2005.

    Again 7% is not a quota or minimum or maximum. It is a guiding tool to avoid monopoly (not to prevent) for fist two months in a quarter and gave the remaining number to third month. It is not meant for reservation.

    As you said Bangaldeshies can not raise flag they as have not consumed 7% quota. Therefore one can not argue that Bangladesh-EB3 should be "current".

    At the end, first-come first served should prevails.





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  • snram4
    01-24 02:24 PM
    Just because one guy is pointing out fraud in H1b he is not anti immigrant. Can you call entire congress is anti immigrant just for passing TARP restriction unanimously? But still we are optimistic of getting support from congress for EB reform. 99% of H1bs will not be impacted by this memo if that is implemented properly. For example even if USCIS does not approve h1b because he is having multiple layers of H1b still that position will be open and that can be filled by H1b person who is placed directly. The person who impacted by this memo will suffer a few weeks and he will find another job. Basically it will not impact H1b program or H1b persons. Even after the memo many H1bs were approved with third party consulting. Can you tell any denial based on the memo? But I am seeing many RFEs for H1b applications without client letter. That is normal and no one complaints about that

    If you see JoeF in that thread, he is more of an anti-immigrant. There are many in our community who are happy at the plight of their fellow countrymen. That is no reason that people should support this non-sense memo.

    In IV, members are more knowledgeable than those on that particular thread from Murthy forum. People are so ignorant that they are agreeing to whatever that JoeF( anti ) is saying. IV members are much smarter than that.



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  • aranya
    12-14 04:13 PM
    I know what I am about to say will trigger a lot of reaction and some resentment, but it has to be said on behalf of those who are not Indian. I think the per country limit is to ensure that people of all nationalities and races have an equal opportunity to obtain a green card and to ensure that no one nationality, group, or even sector (i.e. IT) monopolizes the so few visas that are available. In fact, in the visa lottery, countries become excluded when the number of immigrants from them reach a certain point, so we are lucky they do not do that in the Employment-based system!

    Dakota Newfie

    I think that by wanting to remove the per country limit so more Indians can avail of the green card quota is both asking for "special treatment" and a slap in the face for all the non-Indian IV members. The more I read the threads on this site, the more I feel that this organization is geared just to one ethnic group. I am sure that Indians probably make up the majority of members, but the founders of IV (I hope) did not want this organization to become one-sided! Please be considerate of ALL members and try to come up with suggestions that would benefit ALL members!!!:mad:

    I understand how the current system prevents people of one nationality obtaining all the visas but I am not sure how it prevents any one group or sector monopolizing. Care to clarify?





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  • samay
    07-15 05:15 PM
    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?

    When was your I-140 approved. Was it approved sometime back. If so that might be one of the reasons that you received a RFE. The CIS wants to confirm that a job offer still exists.





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  • GCDream
    07-03 08:40 PM
    Dugg 159

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    Comment also added





    Macaca
    07-04 11:13 AM
    "Immigration scandal goes unnoticed"
    or "USCIS drama and tantrum to lessen workload"
    or "Is this legal?"
    or "Resignations due at USCIS"
    or "Foul Play synonym USCIS Play"
    Need more titles!

    Most persons don't know what USCIS is. I did not know about USCIS/DOS/DOL... until after 1 year in retrogression!





    snathan
    08-20 10:31 PM
    ^^^Not sure about the credibility of this news since its from TOI, but SRK seems to have bitten off a little more than he could chew! Rest assured, he will get his publicity one way or the other. :D

    SRK also equally crap to talk about...so lets give this thread rest to peace..