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  • Pegasus503
    02-14 08:05 PM
    ..............
    Enforce country cap on Family based GC/DV lotterry for the diversity sake. FYI India and China don't have access to DV Lottery. This system is insane and let's not fight among ourselves to defend this crappy immigration system. . U may see ROW retrogress to 1998 in next VB and what will u say then ?. Bottom line is Fighting will not take us anywhere and changing this unpredictable system will be the only way to go.



    http://www.state.gov/r/pa/prs/ps/2006/72835.htm

    the Divertsity Visa Lottery progam,

    following countries[1] are not eligible to apply because they sent a total of more than 50,000 immigrants to the United States over the period of the previous five years:


    BRAZIL, CANADA, CHINA (mainland-born), COLOMBIA, DOMINICAN REPUBLIC, EL SALVADOR, HAITI, INDIA, JAMAICA, MEXICO, PAKISTAN, PHILIPPINES, PERU, POLAND, RUSSIA, SOUTH KOREA, UNITED KINGDOM (except Northern Ireland) and its dependent territories, and VIETNAM. Persons born in Hong Kong SAR, Macau SAR and Taiwan are eligible.

    The point being that until the law changes, USCIS deals with individuals from different countries differently.


    Concerning ROW retrogression, my H1b is an October expiry (I've been here since 1999) so I file my renewal in April (6 months in advance) with my i-140 approved I qualified for 3 years additional H1b. But with the fiasco quotas last May, June and July I was able i-485, however because USCIS issued a receipt for the i-485 they only gave me 12 months H1b renewal. then to add insult to the injury ROW retrogressed meaning another H1b renewal is likely.

    At some point I will have to decide whether to begin the H1b renewal process again.





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  • hebbar77
    09-03 11:26 AM
    after death, for people to say good stuff, one needs to be good during life!





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  • El_Guapo
    01-14 01:13 PM
    The right to control the beneficiary is different from actual control. An employer may have the right to control the beneficiary's job-related duties and yet not excercise actual control over each function performed by that beneficiary. The employer-employee relationship hinges on the right to control the beneficiary.

    Don't all companies have the right to control the beneficiary? For instance, a sponsoring company has every right to determine if an employee shall be placed on a project billed at $50/hr or if they seek another project/client with a higher billing rate. Similarly, the employer has every right to determine if the employee will be placed at a client requiring a project manager or at a client requiring a developer, thus effectively controlling the beneficiary's job-related duties!


    This is a good point. This leaves a grey area, isn't it? I give you green for this El_Guapo.





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  • nrk
    09-17 03:16 PM
    I wish the statement is true.

    I think your friends cousin got the card by mistake, that does not mean that it will see a significant moment for EB3 I. The only possibility is if USICIS wants to recapture the unused visa numbers over a period of time, then EB2 I, EB3 I all move together.

    Cousin of my friend got an email that his card production has been ordered.
    He falls in EB3I (PD Aug. 2005). I could not believe it but my friend told me that
    EB3I would see significant movement in coming months.
    Gus Hang on and tighten your seat belts. We will have a wild ride if he is true.



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  • immi_seeker
    09-17 04:09 PM
    October bulletin has already moved to Jan22'2005. From other tracking sites there are not too many Feb'2005 applications. But we have plenty of March 2005 applicants. Once it crosses March it will zoom ahead to end of 2005.

    But it could be September 2010 by the time it comes to March,2005.

    Any idea what would be the number of pre-perm applications arnd mar-2005. Will it be like in 10K numbers . Any idea?





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  • Lasantha
    02-15 11:48 AM
    What Beastia meant was, send your own personal cheques as opposed to getting your employer to send theirs or pay with bank drafts etc. That way like he explained, you will know when USCIS cashed your cheques, and if you have online access to your account you will get to find out your file number way before USCIS sends the receipt notice.

    Aslo I belive you have to send seperate cheques for each application. One for 485, seperate one for EAD and another for AP. I don't know if that's a rule but that's how my attorney asked me to send the cheques.



    Bestia,

    First thanks 4 your advice. We'll send 2 separate cheques, one 4 me and one 4 my husband.Is this what U meant when suggesting 2 send "my own cheque"?

    Why do U say I have good chance to have my AOS adjudecated? I really needed to hear that. Can U be more specific? Any idea/guess how long could it take to get GC?

    About EAD. I 'm on H4, not working yet, that's why I am eager to get EAD. Do U think that there is no chance to get it within the 90 days? My husband is on H1B an he has I40 already approved. He won't leave his job that's for sure.

    What "IV" stands for? Where can I found more about it?



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  • saimrathi
    07-03 06:49 PM
    good job.. keep up the good work..

    sent to all foxnews email addr





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  • rahulpaper
    06-26 01:51 PM
    I sure do hope you are right.....because i am in HR boat as well...
    BTW Thanks to you and the core team on CIR front...keep up the good work.


    Once again, what is with this "Flood" and "too many". Petitions are postal packages. They are not Tsunami waves that would prompt them to shut down their doors to prevent flooding. They did get nearly 200,000 petitions in Vermont in one day. What happened ? Did the mail room clerk drown in fedex ? Were the packages overflowing in the parking lot ?

    Guys please stop thinking these logistics, and get a life. USCIS has people who are capable of predicting several hundred mail packages and handling them. They are inefficient and slow but they are not galactically stupid. And if they stop accepting petitions, it wont be because they have received "Too many" because it takes time to define "too many". So chill and try to file it before 31st July.

    These rumors are wreaking havoc on people who are not in a perfect position to control the timing of filing. Many lawyers and many employers will file between 25th and 31st July. And I can accept that. My own HR and lawfirm have made it clear that we will file before 31st July but there is no guarantee that it will be sooner than that and any sooner than that is not neccesary.

    Those who are filing on their own can file on July 1st. But those who are depending on lawyers and their own HR, please relax and stop thinking too much.



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  • rock
    05-25 12:41 PM
    Did you send your web fax today?

    Please do

    Thank you

    Have you got the Canadina PR? If yes, how much time it took for you get the canadian PR? I believe we need to write the english test also to apply for Canadian PR.





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  • soma
    02-13 10:59 PM
    you cannot sue for incompetence, or the courts would be full!

    If thats the case why did 180 day rule for namecheck get through in court?! wasn't that incompetence?



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  • grupak
    12-13 11:25 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.





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  • Macaca
    02-19 10:42 AM
    The following is from CNBC discussion on Friday.

    Richard Dekaser, Chief Economist of National City and Stuart Anderson from National Foundation for American Policy were interviewed.

    The topic was, is there really a "Skill Shortage or Pay Shortage".

    But Richard also said that US Immigration policy needs to be reexamined as it is more oriented towards family reunification which holds them people with less skills. 20-30 yrs ago we had criteria that reqd immigrants to meet a certain educational threshold. And as we are seeing increased need for talent in this country, we need to re-examine that aspect of immi policy and untill then we are gonna see this problem continue."



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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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  • minimalist
    09-23 11:01 AM
    I support this, if most of us like this. I considered people with one income and who lost jobs in this economic situation. If this idea is supported by many members then i will also support.

    aps

    Dude, It is a proposal from one of IV folks. The chances if it becomeing enacted are 0.0001%.
    Even if it does ,it takes few more people out of the queue.
    I can't afford to buy a house either. If 10 people get out of the queue, the line will be that much shorter.



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  • dan19
    02-12 06:58 PM
    After reading through the forums, I understand the EB3-World needs to become current for any others to move forward.

    But now I notice that EB3-World itself has stopped moving after jumping for some months. Any reasons? (The 245i is already cleared and now it is in Aug 02)

    Is there any other 245is preventing it????





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  • a1b2c3
    05-30 01:47 PM
    I know this guy who was a junior to me and reporting to me in India. I resigned and moved with another company and later moved to US. After an year I joined the same company which I was working in India. Now this guy, just because having some relation with the VP made some arrangement and came to US on L1 and applied under EB1 and got his GC in 1.5 years. More over he was no good as manager and a pathetic programmer. Also he did no good to the company actually lost a few clients and when he got his ass on fire he moved to other company and started working as a pathetic programmer with his GC

    AAAHHHHH... nuts nuts nuts.. 10,9,8,7,6,5,4,3,2,1... hooo.. :) controlling my anger..

    I was also mad like you are today when the lawyers were busy filing for 140 + 485 during the entire month of July 07 and ignoring other applicants. I counted all the way from 100.:D
    And now you can also imagine how mad would many EB3-I filers would be with PDs in early 2002.



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  • thomachan72
    01-13 01:46 PM
    Long 19 page memo - but loud and clear for many scenarios -
    http://www.uscis.gov/USCIS/Laws/Memoranda/2010/H1B%20Employer-Employee%20Memo010810.pdf

    This memo is an eye opener especially for folks on consulting company assignments and those who are self-sponsored or who want to do their own business. Finding a new H1 sponsor would be extremely difficult as well (AC21 folks beware).

    Now getting a new H1 or a transfer or a renewal, may be subject to very stringent scrutiny.

    This memo has the potential to throw a lot of small boutique Consulting companies out of business and along with it many of their employees - whether they use H1 or not.

    Wish the best for all affected folks.
    Pray and hope the GC dream is realized faster for all.

    Best Wishes

    Please explain why these (see above) will be more difficult if you have read it. What precautions / strategy our members can take etc.





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  • krishmunn
    07-27 10:43 AM
    Its like asking an anti-immigrant, what you think about legal/illegal immigration?

    I guess you would get better idea if you call up Amway corporation or FTC and find out. And not from other who spend their time flipping channels and burping beer.
    As far as I know there are people from US Army, NASA scientists, NFL players, pastors etc.....from different background are very successfully building the franchise business. No wonder they are growing $1.2 billion dollars every year since 1950.
    Of course is not for everyone; its only for people who know the power of free enterprise on which this country is built on.

    Question is whether it will work for you? Your families finances are decided by you, and not by any other people. If you do take advice from other, then you will be flipping channels and burping beer too, and it takes one big financial hit to wipe you off the slate.

    If you are making millions with Amway, why are you sitting with a EB-3 PD ? Go for EB-5 :)
    From Wiki "more than half of the distributors do not make any money, with the average distributor making less than $100 per month."





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  • chanduv23
    02-13 12:16 PM
    its been a while i read the forums..

    well... well !! chandubhai finally cooled down and talking wisdom :-)

    well "the intent is the same" :) just following some wonderful advices from some good samaritans :)

    But I will always stand on what I would like to see - What I want to see is UNITY among the community and I will be more happy if more and more people stand up and support the efforts.





    BharatPremi
    12-14 05:43 PM
    Thanks soljabhai.






    Please respond to this thread and let me know if you are interested in sharing the cost of a 1 hr consultation with a top constitutional attorney on this topic.

    Thanks.

    I am in.





    BharatPremi
    12-13 10:32 PM
    One possible argument someone can make is , if there isn't a per country limit on H1Bs, why should there be one on GCs?


    We can have a lawsuit saying, cap both visa types or cap none.

    If ever this law suit come before a judge, we can potentially win by creating a list of all the lost oppurtunities, lost time and money etc, basically building a human story around the restriction.

    Other than that, I don't think per country qouta violates the constitution.

    Anyways, I am enjoying this thread, very logical arguments in each reply.

    Mark,

    what say you?



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