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  • BharatPremi
    12-13 05:22 PM
    In short, you cannot challenge the law itself but, can challenge how the law is interpreted.


    In general terms, yes that is the case and it should be. But what if some law is in direct conflict with the main theme or part of the constitution ?

    Like here EEO bans consideration of country of origin but EB based immigration allows per country limit. Both concepts/practice are really attached with "Employment". :confused:

    And all laws are really covered under the power of constitution? If not than where this one (per country based) lies? Constitutional OR non constitutional?





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  • unitednations
    02-18 11:51 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.


    I like it.





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  • alterego
    12-07 10:38 AM
    no comments so far ? and this thread is still visible ..so I guess either people have given up or no one cares (this is weekend ..so I guess less people online).
    but I will repeat one last time ..if we cannot link housing and immigration ..then I don't see how anything else can help (can someone educate me).
    for eg if we say US is losing talent and brains are leaving ..then I don't think anyone will care especially when economy is down (many natives will be happy I guess).
    lawsuits will not help as USCIS will show that they are following law and/or they are understaffed / underfunded.
    - flower campaigns or writing to USCIS only will only help flower companies / postal department
    flower / letter campaigns help ..but we need a clear plan and lets do brainstorming or atleast show some activity !!
    ---------
    before someone jumps ..let me clarify that I am not suggesting that immigration will solve the housing problem totally ..but immigrants do constitute a very important segment of buyers.
    - we don't have to suggest increasing immigrant quota ..but only recapture and tell that these people are already in USA ..majority of them will get GC one day or the other ..this will just speed up the process so that people can settle / buy houses faster
    - I don't think u can come up with law saying if u buy house u will get GC ..focus should only be on faster GC and processing ..faster decision is helpful to US too ..as those whose cases will be denied due to law breaking etc ..will be denied sooner.
    and hence no distinction between those who are renting and those who are already owners

    Not only are immigrants an important category of buyers, but the few who took the leap of faith in this country and bought, might actually be forced to sell into a down market and exacerbate to pressure if this mess is not sorted out.
    This current inaction is a dumb policy in many ways IMHO. I hope visa recapture happens soon. If they want to slow down immigration, they ought to do it at the F1/H1b/L1 level/Labor certification. Not at the 485 stage, which is what visa recapture legislation is all about.





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  • reddymjm
    09-23 04:32 PM
    the day this becomes law..it would be better for all of us go home, bcos tht means lawmakers are ready to do anything to get some money and they know this country has gone down beyond repair.
    and the day it becomes law..i am sure the situation in this country will be so bad tht most of us wont even have jobs at tht time.

    Our Social Security, Taxes, Medicare. USCIS fee. Whole USCIS lives on us.



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  • QuickGreenCard
    09-15 09:52 PM
    Surely appreciate your great service. Please help if you can. My advance parole got approved and sent by mail on Aug 13. I havent received it yet. It should not take this long..... It seems like it got missed in the mail. Can I do anything about it..............

    I called the USCIS cust. rep. They said, the only thing I could do is to re-file it again. How far is this correct.....

    Please advice....

    Thanks





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  • immigrationvoice1
    02-15 04:45 PM
    Talking about diversity, those not familiar should take a look at an Indian currency note.

    Maybe someone can scan and post one, I don't have any Indian note with me. You will see around 20+ languages on it. You can tell its different languages because they use different script unlike say German and French (except for the accents/umlaut). Actually the number of languages are much more than shown on the notes. For whatever reason AFAIK only languages with distinct script are classified as languages in India, others are called dialects. These dialects are actually languages because they are not dialects of anything (For example in this definition, lot of European languages will be classified as a single language because they use Latin script).

    The point is unlike what outsider might think there is as much if not more cultural, ethnic, linguistic differences between a Gujarati and a Tamil Indian as between a German and a Portuguese European.

    So how much favor I will carry with a Malayali (no disrespect to anyone from Kerala) is debatable.

    ....completely!



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  • Lasantha
    12-14 03:53 PM
    OK, sorry then. I missed that. ;)

    Yes, Lasantha.. you are right. But that was one of mbartosik's points when he/she was comparing cost/benefit.





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  • mbartosik
    02-13 04:45 PM
    The level of commitment for those that would be plaintiffs, unlike the MI DL case would be a lot more, because USCIS could attempt to adjudicate their cases aggressively. The level of money would be significant. Think $200 per hour, for many man months of work. Without at least $50K in the pot with plenty more available I wouldn't even entertain it.

    The level of time commitment is probably equivalent to obtaining 500 letters to the president.

    So how about we have a pole.

    First question is how much you are willing to contribute?


    Are you willing to be a plaintiff with a $10K penalty for withdrawing?

    Let's make that last question only open to those who have obtained or will obtain at least a 100 letters, and have already demonstrated willingness to travel to court hearings and depositions (like attending the DC rally and meeting law makers etc.).


    I suspect that less than 10 people are qualified to vote to be plaintiffs, based on my commitment criteria and some of them already have GC or will likely have soon.

    To put the effort into context both Walking_Dude and myself put a lot of effort into MI DL issue. We needed people with legal standing to sue. The two we had dropped out late, one on the day before filing complaint. I had put at least 40 hours working on this (but being in NY I don't have legal standing).

    I've done litigation before, and done some Pro Se (latin on behalf of self - no attorney), believe me the litigation that you are talking of requires considerable time and commitment (unlike the MI DL issue which only required a few hours of the plaintiffs).

    It would cut us off from USCIS. Once litigation starts you are burning your bridges. I can see only one practical way to do litigation, that is for an small group with no clear IV affiliation to do it, that instantly eliminates any committed members.

    So let's stop talking about this and invest in letters.



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  • Rohan99
    07-27 06:35 PM
    Did you tell that person you are doing illegal work in his country? Is that person from Mexico?

    Run from who?...you? I will see who runs from who? :)
    Sorry to hear that someone lied to you, and it totally shows that person's integrity. But its nothing to do with Amway. Amway never told them to pick u up and take you to the meeting. It was his wrong decision. Probably they are not in business today either.

    My platinum is US army Airborne division...SERVING his country. You saying something?
    Sounds like you know something he doesn't know. Probably he or I should have checked from you.





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  • srikondoji
    07-03 09:50 PM
    Under the section "Why does it hurt?

    Lawyers who charged upwards of $2000 for filing will not refund the service fee, so candidates have to pay again when dates become current in future.

    The biggest loss is the trust, coz, next time people will not believe these mid month bulletins at all as they can come around anytime and revise the dates. So, applicants will always have to live in fear untill they receive the receipt.


    I am trying an outline for sending to media + lawmakers + ...

    The following is a very rough draft without reading some of the letters posted in the thread. I will read the posts tomorrow and polish it by tomorrow evening. I will need everyone's input since I don't know all the issues.

    Introduction
    Retrogression in GC process.
    What happened

    USCIS announced at the time the forms were due.
    Applicants started filling forms 2-3 weeks before July 2.
    Applicants changed their schedules to submit forms.


    Advantages of EAD + AP
    Don't know all!

    Travel without visa -> saves Embassy overhead.
    Spouse can work.
    Can switch job.

    Why does it hurt

    Medical will not be valid after 1 year.
    Rejected June filers can not file.
    June filers did not file because they thought they will file in July.
    Fees more then doubling
    Name checking (which can take 1+ year) done in parallel with waiting for GC #.
    Load balancing for USCIS.
    USCIS which is supported 90% by application fee needs to care for applicants.
    Very little chance of legislative relief for a looong time.



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  • akred
    02-16 12:10 PM
    Fraud and corruption is prevalent everywhere incuding India and a prepondernece of the bodyshops are nothing but a factory of producing overnight "IT Talents". Accept this is as one of the problem of this retrogression.

    No one is going to fall for or accept this type of torn shirt, open fly argument. Retrogression is caused by insufficient GC numbers and worsened for some countries due to the country caps. The fact that there is corruption in India or any of the other random reasons you are trotting out in no way mitigates the fact that people are being forced to wait after fulfilling all of the qualifying criteria set forth by the US government.





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  • desighee
    07-27 04:03 PM
    These guys might meet you and greet you in WMT. Once it happened, the guy's wife met my wife and complimented her that "Ooh you have a sweet little boy!" and that's how the convesation started with my wife and then with me. The guy told me he runs his "ecommerce business". Next day he calls us for tea to discuss "ecommerce business" , I became suspicious and charged him "Are you running Amway?" He said there is nothing wrong in running Amway business and I had a heated argument with him over this as to why he did not tell me earlier.

    So thats it - nowadays they have adopted a different strategy!


    i was once lured into a feakin quickstar/BWW something like that meeting unknowingly where their "platinum member" or some other looser was visiting.
    it was me against all of them -my question was simple-why don't you answer all my questions regarding how this works and just keep telling me to have 'trust' in them!
    they told me to have trust in our 'own company' and by its product like toothpaste etc.
    Next thing i saw when i visited their restroom was a colgate toothpaste on the restroom sink.. haa..platinum loosers



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  • okuzmin
    09-30 04:29 AM
    HI can some body answer if we can apply for canadian PR with H1 B valid for less than 1 year.

    For canadian citizenship you have to be in canada for 2 yr(physicaly) and after 3 yr after stamping

    You can apply for Canadian PR while staying in the USA if you can demonstrate that you have entered the USA legally and stayed in the country legally for at least one year. That's what Canadian law says. I'm too lazy to look for the actual law -- just google it. ;)

    You can apply for the Canadian citizenship after staying in Canada for three years out of four. Of these three years, you must be a PR for at least two years.

    http://www.cic.gc.ca/english/citizen/becoming-howto.html





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  • go_guy123
    06-15 01:23 PM
    I believe in luck in the GC process. Before 2005 PERM process, many folks applied in states where Labor was fast. They were able to get greencards within a couple of years while others were stuck in Labor Backlog centers (http://immigrationvoice.org/index.php?option=com_content&task=view&id=67&Itemid=50). Some cleared all hurdles and got stuck in namechecks for years. Until 2007 Namecheck was a big scare. (http://immigrationvoice.org/index.php?option=com_content&task=view&id=81&Itemid=61)

    Many people could not file in July 07 for various reasons. Some people were born in India but were brought up in other country. Even they are stuck. Some people decided to rise in their careers and changed jobs on H1. While they did rise, but lost in the grreencard PD race.

    So definitely luck pays its role.


    Well said pappu....In case 2 of my friends Indian citizens, brought up in India
    but were born outside India because their parents were posted there.

    Also I know friends whose Labor was processed from "fast" states in 2000 and got there GC by 2003 or so.



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  • coopheal
    01-14 08:13 AM
    I agree with you completely. I don't know what Infy and Wipro are doing with their money but TCS was filling Tata Motors and Tata Steel historically. Also buying companies like Land Rover and Jaguar while screwing their employees.

    Are they using TCS money to subsidize Tata Nano?

    Comments like these are just giving fodder to anits. Then they take comments like these and frame them in "out of context" way to put unfair restrictions on all of us. Recent example is how BW had used parts of IV threads to justify killing H1B and GC programs.





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  • LostInGCProcess
    09-23 04:24 PM
    Hey! I like the idea and totally agree with you.



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  • ramus
    07-03 05:16 PM
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  • snathan
    01-15 05:54 PM
    For the past 2 years there were so many RFEs and denials and no body knew what basis. But if they bring a regulation and follow that everybody can prepare ahead and no surprises. It is not a question of making profit. They have to make profit by following law and ethics and not by using loopholes. The regulations will make the companies to follow the rules of the game. If bodyshoppers follow the law and ethics without any fraud they will become reputed companies and the regulations will not destroy them. But their profit may go down but good for everyone. Inspite of insane rules annual cap is reached even unemployment is decade high. I would term protectionist if annual cap is reduced or they make restrictions such that h1b cap usage is so low. In India best persons are available and whatever restrictions they put Indian techies will overcome unless they block it completely. 65k H1b is attached to WTO and no way they can reduce that.

    only consulting companies need to follow the law...? what about infy,wipro, tcs placing L1 consultants at the client location ?





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  • gdilla
    05-10 03:42 AM
    Once again, eb2waiter, a baseless statement in "Canada is not a land of opportunity". No one owes you a living. You have to work for it. If you're such a good IT worker, become a consultant or open up your own business doing so. You can't expect someone to hand you a job. Like someone else stated, if your skills are in demand and a good communicator, you'll be fine.

    And yes, I had a US job offer before arriving here.

    And if you're already here as a student, well, I can't think of a better way to research the job market from within - job fairs, colleagues, etc.

    Also, I don't see your point - if you're an immigrant student in Canada, there is no issue of foreign credentials. Any professional distinction earned in Canada lands you on the same footing as any citizen. So again, please stop spreading bad information.


    Did you get a job in US before you came to US. Most probably not.
    There are a lot of people who come to US blindly like students or consultants. They also landed up jobs (doing what they were meant for and not as cabbies or as janitors) and built careers.

    There are no or few body shoppers in canada because there are only a few shops :-D

    For the majority this is true in US. This is what land of opportunity means.
    It might be true for a few cases in Canada but for the majority it is false advertisement. Canada is not a land of opportunity. This is not a few of those who have been burnt talking. Try getting a job in Canada. Look at the salaries for yourselves.

    Folks am again telling this for your own benefit only. I have nothing to gain. I was not wise to do that. So thought I would guide the poor wandering souls here. Dont waste your dollars in Canada PR when you have US GC pending. It will do you no good.

    I wont post on this thread again :)

    ---DISCLAIMER: ABOVE ARE MY VIEWS ONLY AND MAY BE FALSE---





    sunty
    02-13 01:47 PM
    After reading all these comments specially the one from walking_dude, I think its prudent of IV for engaging USCIS in a constructive way....Even though it is very frustrating for us now, it would be a mistake to cut all connections to USCIS by a lawsuit..

    Lawsuit should be explored as a last resort for relief and I am for it..

    There are a number of things:

    1) A lawsuit cannot increase the GC visa numbers. Courts cannot change the law. The only relief we can seek through a lawsuit is to recapture the wasted visa numbers in the previous decade that amount to 218000.

    2) No matter how angry and frustrated we are, we should keep our cool heads and contribute as much as we can to the letter campaign. This might achieve some results. If it happens, it will provide big immediate relief and help reduce the backlogs.

    3) Lets see what's going on with the "Scaled down CIR type" bill House Dems are talking about, as mentioned my Greg Siskind etc. Hopes for this are low but no harm in hoping.

    4) I do see the light at the end of the tunnel. Once the new President steps in(Democratic or Republican), full-blown CIR would be revived. For legal EB immigrants, it would overhaul the whole GC system, making it point based and would most probably include EB visa reacpture and visa increase. This might happen in early 2009.

    5) With USCIS hiring 1500 employees and adjucators, processing times might improve.

    This is the time even the lawsuit would take to get some relief, if at all.

    So, let's be patient and keep the lawsuit option (if it possible) absolutely as a last resort.





    PlainSpeak
    01-13 01:24 PM
    Sorry about the mutiple posting. I had issues posting that and for a second i thought IV has booted me out.

    Guys if you give me some time i wil lreply back to each and everyone. I am after all a single gal with only 2 hands and please if you want to make some comments about ladies please do so in good taste:D



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