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  • mbartosik
    12-13 05:43 PM
    When an argument is held in the Supreme Court you often hear the justices asking "What if" type questions, some of them verge on being narrow circumstances, but to declare something unconstitutional can have a wide impact and is a fundamental, so it should account for odd circumstances too.

    So here goes a potential set of arguments:

    Q> What if the Congress was unable to discriminate in other categories of immigration based on nation of birth? Would that mean that in time of war, immigrants would have to be admitted from a country with whom we were at war?

    Q> Would Congress no longer be permitted to try to balance the ethnic makeup of the country?

    I agree it is unfair on individuals, on groups, and it does smell, but I doubt that it is unconstitutional. I take the pragmatic view in my prior post on this thread (many posts back).

    Extending my pragmatic view:

    Even if it were found to be unconstitutional, then Congress can always amend the constitution, and if a Supreme Court ruling affected more than just EB category, then I would not be surprised to see an amendment. Then the only advantage would be to draw attention to the issue. But you know that the anti's would just make the argument --- "Look the evil immigrants are trying to write our immigration policy", and that would be an easy argument to make so then we would see something more restrictive in the end.

    So even if we won, we would likely loss.

    Just being pragmatic.

    (I'm not a lawyer - and my H1B enforces this)





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  • willigetgc?
    01-14 11:55 AM
    You do not even want to meet any lawmaker. No i donot want to meet any law maker especially representing IV because i do not beleive what IV proposes (and which i have to rep[eate to teh law maker) is doing is going to do good to my personal case of GC (and yes if you want to call me selfish go ahead but remember eveyrone here is becasue they want to do something about thier personal GC case so everyone is selfish)

    You believe in watching CSpan and lawyers lobby for you. Go and contact CSpan and lawyers to help you. Yes i believe in watching CSpan and lawyers lobby becasue that gives me an understanding as to what direction a bill is taking or for that matter what is the hope iof a immigration provision in a specific bill. Of course i do not come into teh forum and start a thread and give a minute bny minute uopdate of cspan like some memebers do.

    Why are you here? I am here because any thing which impacts my GC case impacts me and i am here to ensure that

    PlainSpeak,
    I say this in the nicest way possible.

    1. Instead of wasting time by answering here on the post, do something constructive for your own gc (whatever that may be).
    2. If you do not believe in IV and what it does, you are truly wasting your time. Second, which IV provision do you not believe in - visa recapture? excluding dependents from being counted? removal of country caps? which one of these hurts your prospects of getting the gc?
    3. Watching cspan definitely gives a person a better understanding of what is happening. No questions about it. But it is a passive exercise, as there is nothing you have done or can do or will do to change the outcome of what is happening.
    4. Let us hope that this DV bill goes somewhere - what kind of activities do you suggest we should do to prepare for it? With specific details, you may be able to persuade people.





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  • alisa
    02-18 11:49 PM
    I think we can make some very credible and good arguments for ourselves.

    a) The changing demographics require an increased level of immigration. It is upto this country to decide if it wants semi-skilled immigrants (Indian cooks and gardeners) and their siblings/parents, or high-skilled immigrants.

    b) It is not really the smartest thing in the world to bring people here from foreign lands, let them work here in high-tech fields, and then send them back after 6-10 years so that they can compete against Americans from OUTSIDE America.

    c) A lot of EB-based immigrants have been to American colleges and have graduate degrees. Again, see (b) above. Not the brightest idea to have this American-educated and trained high-skilled manpower forced to go back to India and China, the two main US competitors.
    Atleast, not if you are America.

    Bottomline is this. If there have been abuses of the system, and any system will be abused, then those need to be fixed. If there are loopholes, they need to be plugged (and people will come up with more loopholes.) But the USCIS should not throw the baby out with the bath water. Either this country values high-skilled immigrants, or it doesn't. The high-skilled immigrants need to know this, so that they can make decisions in their life. The incompetence of USCIS can't be the instrument of public policy making.





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  • perm2gc
    06-26 01:48 PM
    nope. The august bulletin which gets released mid july didn't get into our arguements at all. We were specifially talking about july filers and july month.

    Yes, i agree that if August bulletin retrogresses than that affects only august filers and not the people eligible to file in july.
    my attorney also said same thing..



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  • gc28262
    09-04 10:16 AM
    IV admins, Chandu,

    Please delete this thread or move this away from the main page.
    This thread is a good fodder for antis.





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  • racoon786
    07-10 11:44 AM
    I am planning on moving to Canada in the next 12 months since I already have PR there. I have no hopes for getting GC any time soon and wouldn't want to be toyed by the USCIS, DOS, Senators and all the anti-immigration lobbies out there.



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  • Openarms
    10-29 04:46 PM
    This is one of the dumbest idea ever discovered in this forum.





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  • sunnymit
    07-30 02:37 PM
    I met this dude in Secaucus (NJ) Walmart yesterday. I was looking for an ice-cream so he pretended to do the same. Smiled at me once and then just as I was walking away from the ice-cream sections comes over with a very nice hello. Started talking to me "as they always do" but I think this time he forgot where he was. First asked me "Do you know where is a Walmart around here?", quickly realized he is in one right now, checked, and continued, "I mean, this is one but do you know another one around here?". Then "Do you know when this closes", "Is this 24/7 walmart". I mean.. seriously dude! You think I am the best person to answer those questions for you - why? Best of all, he says he just moved here from Harrison (NJ) which is like 5 miles from the Walmart he was in!

    Totally confused this guys, me thinks :)



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  • rahulpaper
    06-28 06:10 PM
    and everyone started having a sane discussion...

    hope fully this would help
    http://www.imminfo.com/resources/cissop.html

    Read couple of pages forward....thanks Ramba

    All you guys forgetting main thing. Visa bulliton is not a law. It advises consular posts and USCIS to accept and approve 485s and schulde interviews in consular posts to issue IV. It is just a advisary notice to other federal agency by DOS. It is not a binding document.

    The law is "an immigrant visa should immediatly available at the time of filing AOS application" . If visas number is not available on 3rd july, DOS has a right, under the federal law, to advise USCIS and consular posts to stop accepting and approving any applications and stop issuing IV at consular posts on any date.

    If you need more evidence, browse the adjudicator field manual for 485. It says "unless any interm notice issued by DOS, visa number is available to all in entire month". Therefore the key is "unless any interm notice issued by DOS". If DOS issues notice to USCIS on June 3rd, USCIS has to stop accepting any 485.





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  • coopheal
    10-10 07:16 AM
    I agree, the notion of fix our problem so that we housing problem is not a good approach.
    Our situation is grave enough that it needs a focus on its own. Our efforts should be to bring this on fore front of the issues being discussed in congress and in public media.

    While it is a good idea to educate the congress regarding the impact the EB Green Card applicants could have on the Housing Market. It is a terrible idea to propose a legislation which would offer GCs to applicants who would purchases houses in US. To put it bluntly, the legislation seems to be meant for selling GCs to applicants who are in a position to afford it, offering GC to applicants who will invest in housing market is akin to giving out GCs for cash and there is already a category for that. How would one factor in the CP applicants like nurses and PT who are waiting in their home countries?
    The idea should be modified to spread the message regarding the positive impact that the EB GC applicants could have on the housing market and not to create a niche category of EB applicants who can purchase their GC to scoot ahead of other less fortunate ones. This proposal should be nipped in the bud before some anti immigrant group or advocate like Lou gets wind of it.



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  • breddy2000
    09-03 09:13 PM
    Comparing Ted Kennedy and YSR..not a sane mind would do.

    Amassing money in the name of fictitious projects is dynamic?
    Relentless swindling of money by the parties, leaders, ministers and bureaucrats is dynamic?
    Mobilizing and supplying huge money to prove your royalty to party in Delhi is dynamism?

    If that is the case then Manmohan Singh, Abdul Kalam what are they…they had every chance and more why don’t we speak about them the same way. Show me one personal allegation on Manmohan or Abdul Kalam.

    Yes, it is dynamism to stay in power and to mint money and for people like you…not for administration.

    Any one speaking against, has to deal with personal abuse, that’s even with opposition MLA’s. What happened to democracy?

    Since 60 years Congress has ruined India and people like Sonia and YSR are few examples of corrupt politics and YSR is openly involved. YSR is no different to a dictator.

    Corruption rampant in AP under YSR's regime (http://www.merinews.com/catFull.jsp?articleID=145882)
    Mutiny.in � YSR’s new low (http://mutiny.in/2007/07/23/a-new-low-from-the-andhra-cm/)
    The Hindu : Andhra Pradesh News : YSR a champion of corruption: Chiru (http://www.thehindu.com/2009/01/23/stories/2009012360510800.htm)
    YSR the most corrupt politician - Telugu Movies - Zimbio (http://www.zimbio.com/TELUGU+MOVIES/articles/14097/YSR+most+corrupt+politician)
    Naidu to approach Centre on YSR’s ‘Satyam route of corruption’ (http://www.indianexpress.com/news/naidu-to-approach-centre-on-ysrs-satyam-ro/425227/)

    One can write a book on YSR’s corruption. AP has become worse than Bihar.

    Majority of politicians in India are corrupt . Why single out one ...Does it give you solace to ridicule someone who is dead....

    I'm not a supporter of any political leader or party and you cannot create one politician that satisfies every citizen of its nation. And that's a simple fact. As long as the vast majority of the population is satisfied with the party administration and get some real benefits out it, that's what I call a real political leader and I see YSR as one among them...

    If you really want to vent out your frustration, just go to India and do something about it. Why not change the things the way they are... Its easier said than done ...Don't you think??

    Looks like you created your ID yesterday , just to vent out your frustration. Maybe you are one of the Senior Members who wish to hide your identity just for the sake...


    Get a Life Man....





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  • _TrueFacts
    09-04 10:57 AM
    Mr. or Mrs, so called "TrueFacts", you must be ashamed of your own thoughts. On seeing this thread, you created a fake account and became a keyboard warrior. Why? What is your other avatar? Are you suffering from multiple personality syndrome?
    ....

    RajSenthil,

    Picking on me will not change the fact that YSR was a corrupt, factionist gunda, land grabber who has killed numerous people. If you have a point against that, say so.

    I am providing links to that reason.

    Why any one (pseudo or not) should have sympathy for the dead? Do you have sympathy for Saddam, Hitler? Facts are facts. YSR�s death has contributed to this discussion. It does not matter what my ID is, where I am and if I am Mr or Mrs.



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  • mpadapa
    07-23 12:02 PM
    vdlrao, I looked at the DHS data there seems to be lot of discrepancy in the EB and FB numbers shown in that document and the DOS statistics (http://www.travel.state.gov/visa/frvi/statistics/statistics_1476.html)

    But if you look at the last page where they discuss the EB limits, the document self contradicts. For example they say 2007 EB limit is 147,148 but based on their Table 2 (page 3) the EB limit comes out to 143,771 ( 140K + (226K - 222,229)). Also they have a foot note saying that DOS sets the EB/FB limits.

    I've a spreadsheet which has the calculated EB limit for FY (2003-2007), the numbers I arrived at is very close to those reported in the September bulletins. If U wanna take a look at it, please PM u'r email ID, I can send it to U.



    mpadapa, I am getting 31,100 unused Family Based Visas for 2007 fiscal year from
    http://www.dhs.gov/xlibrary/assets/statistics/publications/LPR_FR_2007.pdf
    .
    DHS bulletin is not updated correctly like Employment Based AC21 VISAS? Please let me know.





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  • gc_on_demand
    08-04 07:57 AM
    Hello VDLRAO ,

    People from June 2006 are geting GC means that USCIS enough visa so they started to give gc to 2006 candidates.. is my belief true. What will be date in new year's first quater for eb2 india ?



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  • GCA
    08-17 01:47 PM
    Collin Powell incident is America's problem. Even after the civil rights movement and equality to Blacks, they are still having discrimination. Just ask Black people in America and how they feel in their daily life.

    So according to you by coming to America we should forget India because you will call us traitor? Have you heard how Jews in America are so strong and care for Israel even after becoming US citizens?

    The fact is Indians are responsible for their own problems and greencard woes. They want to live in this sorry state and blame everyone else around them except themselves. They do not have any pride in their roots and thus flee their own country. They do not come to this country for betterment of their skills, education and experience but because they want to flee the country. There maybe exceptions but this is what I have seen in Indians who are on H1B or who have become US Citizens.

    There could be several reasons for people coming here. But most and primary reason is making some quick money and returning back. And a good portion of that money goes back to our motherland to prosper. People didn't flee the country. They flew out of the country because their skills are valued more elsewhere - its simple demand supply economics that made/makes our skills more valued outside - I don't want to eloborate more and hurt someone which definitely wasn't the intention.

    IF we are after the GC, its purely for the mobility and assurity it provides and not for the path to citizenship. Though most of them want to return back, we still want the GC so we call the shots and not the INS. Long story short, no one is a traitor. They are just common 'smart' people - yah, they are common from the land we come from.





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  • hiralal
    05-31 03:47 PM
    That's a much better suggestion than playing carrot-and-stick on real-estate bargains Mr. Hiralal.

    Now, what would really be effective is for our own people that are already naturalized and integrated and assimilated and digested in the US system to stand up for our cause.

    Please, do this for us seniors. As citizens and permanent residents, your voice will be effectively heard. Case in point - legislation on re-uniting families. To begin with, family based has nearly 60% more visas than employment based and nearly 80% of the visas available are exempt from per-country limits. And yet, the politicians want to reform family based immigration process because the people at the receiving end are their citizens. There is nothing wrong with it because the wait-time for extended family members are really long too which is a shame. But you see, there are bills that are actively discussed and passed in that category i.e fundamental solutions are being explored.

    Why is Mr. Bobby Jindal and likes of him not taking up our cause actively? People use their "humble-background" in campaign times. Why do they fail in holding out a helping hand to people that are stuck in such "humble-background"? Do you see such apathy in other minority communities?

    Thanks.

    there is no harm in having several campaigns ..that will atleast keep members active and interested ..in case you haven't noticed lot of people on EAD have just become laid back and lazy (and sort of insist that nothing will go wrong )



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  • villamonte6100
    12-14 01:41 PM
    I totally agree with you.


    Think of lobbying as polite negotiation.
    Think of Supreme court case as picking a fist fight, in which we are badly out numbered.
    Once you have started a fist fight it is much harder to negotiate, especially from a loosing position.



    This is exactly correct. It is not the question of right or wrong here. That is what gets folks so upset on this thread, they feel since their viewpoint s right then.......... Most neutral observers like mbartosik can see this as unjust and there may be many in the US as well, however certainly not the majority. However, there are many ways in which this could backfire. One example is the recently seen debate over illegal immigration and the turn in public sentiment. Truth be told, if someone did something wrong 12 yrs ago(crossed the fence), now is married to a US citizen and has 3 US children, what do you do with them? What about the 3yr old who was brought to the USA by their parents and knows no other system? Perhaps a few years ago joe public would have given them a pass, no more, the debate has become so nasty that positions have been hardened to the point that reason does not prevail. Another reason has something to do with the perceived sense of entitlement Americans sensed in the illegal immigrant community(of course fanned by Lou Dobbs and his ilk). These are complex issues and generally you will get a lot further appealing to someones sense of fairness than explaining how you are entitled to something and will take it from them if it is not given to you.





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  • Kodi
    05-25 01:11 PM
    This is very true. When your passport is from a 3rd world country they give you such a hard time.





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  • krishmunn
    06-15 06:37 PM
    H1b cap is 65k+ 20K for US master degree and remaining are exemptions. Total approimately 125K were issued on 2007.

    You mean the cap-exempt made up 50K ? That appears too high. What is your source of info.
    When you say total 125K were issued in 2007, did you exclude
    the transfer (basically a new H1 not subject to cap) ?





    pappu
    07-02 06:08 PM
    Immigration Voice is compiling experiences from members on the 02/07 Visa Bulletin incident. Please see the posts below.

    We encourage members to share their experiences with us. Please look at the posts below for focus and talking points, and post your stories on IV at
    http://immigrationvoice.org/forum/showthread.php?p=99550#post99550
    with details on:
    a) Your current Green Card Status
    b) If you have yet sent in your I-485 application
    c) Your contact details along with Name and handle on IV. IV is mindful of your privacy and will share this information externally only with prior consent. No anonymous write-ups, please
    d) IMPORTANT: We want to keep our focus in our stories only on the following issues:
    - Impact of 07/02 on your application (Quality of life issues, time and money expended, inconvenience experienced, et al)
    - Request USCIS /DOS to consider accepting 485s filed
    - Please refrain from mentioning AILA or even questioning the mechanics of USCIS in the past few days
    - Please refrain from using strong negative accusatory adjectives while refering to any federal or state agency

    Some of our key members will guide you through the process.

    WHAT'S BEEN DONE ALREADY
    Stories that have been accepted for publishing are listed on our blog at immigrationvoice.blogspot.com

    http://www.prlog.org/10022648-no-celebration-for-thousands-of-highly-skilled-future-americans-this-july-4th.html
    The above story ranked the highest (over 3500 views) in the last 7 days on prlog.

    An additional story was also released yesterday:
    http://www.prlog.org/10022854-american-dream-suspended-on-the-eve-of-july-fourth-for-several-thousand-legal-green-card-aspirants.html

    WHAT YOU CAN DO
    a) Distribute the above stories (Other blogs, contacts)
    b) Submit more write-ups





    GCVictim
    08-24 11:48 PM
    Dear Immigration Attorney,

    Can I out of US with old AP and returned with new (renewed) AP?