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poorslumdog05-02 05:33 PMDude I am not saying Aravas needs to learn Hindi.. Why should they an Hindi in TN that is the over piched loudness I am talking about. Chennai is metro city dude.. So many language people are stying there... for rest of the indian the hindi boards needed... Whats wrong..
But politicians and tamil activists successfully spread the hatered...:eek:

Then go to Asam and the naxels are waiting to kick your ass. And go to Mumbai and the Raj thakrey will give you enough shit



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Marphad05-18 01:19 PMHow has panini's profile in THIS THREAD got anything to do with immigration? this is NOT an immigration related thread. If you should police a person's profile in an immigration related thread no one would object, but this is the wrong thread. And isn't the default changeability the US ? Your accusations are pretty strong and doesn't seem to have any backing; what are the rumors that he has been spreading ? anti immigrant ???

If you should police this site, then ask the Admin's to close non immigration related threads that have a political debate involved.

Well,

Panini's profile is "WRONG" on this thread too: http://immigrationvoice.org/forum/showpost.php?p=237356&postcount=1

More, It is wrong to put fake data. All I suggested is that it has some impact on his credibility and his reaction was very strong. I agree with his post contents and second them too! Not comfortable with someone roaming around with fake profile - keep in mind profile is the same whether it is immigration or non-immigration related thread.

You tell me the reason you think why Panini put wrong profile data. OK, you don't know, then tell me why you put correct profile information? You will get your answer.



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RNGC02-15 02:11 PMA person can kill himself to solve all his problems. But that is not the point. If I have come here to work and you have things setup in a way that it can be used to exploit you ( e.g. employer holding back your pay for no valid reason) that amounts to indirectly supporting slave business. The word "slave" doesn't make high tech workers comfortable because they don't want to be categorized as such. But the trouble they are going through is similar to that of the slaves that were taken by the brits in olden days for working at different places in their colonies. If you look at the way most of us work here, it is almost same. Someone (called ur employer) brings you here, he puts you in a place to work reporting to a differnet master sometime many. This exactly how slave trade was working in olden days, but today instead of us working in plantations or laying highways we are working on the building the IT super highway.


I rest my case here for now

I totally agree...its Modern day slavery!

You cannot change employers, you cannot travel if you wish (after you apply for H1 ext, you can't leave US till it is approved, even If you have AP to re-enter!), you can't expect promotions, your spouse can't work on H4, No drivers license in some state, ..... BUT WE PAY ALL TAXES, NO EXCEPTIONS! Is it not Modern day slavery ??



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amoljak10-23 03:27 PMThanks eb3India.

How does the current company obtain a pre-approved labor? Does it buy the pre-app labour? Or is it SOLELY because someone in the company left (whose labor was approved)?


Labor certification means a company is certifying that they cannot find an American to do the job, lets say write a Java program. So once they certify that, they can say look we have this dude from India who can write Java programs, we want to hire him permanently. But what if the dude gets a better job or goes back to India or both...? The company still needs someone to write that Java program... they have established that they are not able to find an American to do that... so they can say this dude-2 has the same qualifications as the dude whom we originally want... so let us hire him permanently... so that is labor substitution... there is genuine business case to do that.

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nozerd05-11 10:21 PMA Canadian PR has the right to enter Canada (as opposed to a US PR who does not have the right and can be denied entrance by INS).
If you have not met 2 in 5 yr obligation Canadian Immigration will question you but let you in. They will give you a date on which you will have a court date with Immigration judge. Then its up to judge and you. You will have to give good reason why you were out ( waiting for US GC is not a good reason ).

Dont know about the reapplying part. Never heard of anyone having done it.



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PlainSpeak01-13 03:45 PMmc,

this guy is pulling u'r chains..... its not she.... its a he.....

u know who this guy is? surprise surprise ....... gcperm is back.... as plainspeak....

hey gcperm aka plainspeak..... long time.... where've u been? i missed u :rolleyes:
Ron Hira my friend you are on an immigration forum and you have an Anti Immigrant login id. Now what could be funnier than that Ha Ha...

As to me being a guy phasshhhhhh i am all female

And i am laughing in my pants seeing you confuse me with GCPerm. I remeber seeing that name on IV before. Was he an EB3 who was kicked out by you guys ?

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GCard_Dream10-18 06:11 PMYou are absolutely right. I don’t understand these people who keep comparing US with Canada and there are fair number of these people.

The reason you came to US and didn’t go to Canada (or any other country for that matter including your home country) because you prefer to stay in US and you like what it has to offer you. So obviously you’ll always find something that you don’t like in other countries. This is not to say that any one country is better or worse than any other but you came here because you feel that this country has more to offer you than other countries and that could be a very subjective decision. Trust me there are plenty of people who would never want to migrate to US.

Having said that lot of us are thinking about leaving because US is making harder and harder for people like us to stay here and lot of us don’t want to put our lives on hold for years and years hoping that may be one day I’ll hit the jackpot called green card. On the other hand, lot of us don’t mind waiting and have been waiting for long time. It’s a matter of preference. Remember you are supposed to be a guest here. Do your work and get the hell out of here. Only 140000 guests are allowed to stay back and rest have to pack their bags. I mean that’s the real intent behind this quota system.

To make long story short, for lot of people US is not the option available on the table so quit comparing US against others. Just think about where you might end up if you didn’t move to Canada and compare that country against Canada.


What's your choice? Home Country and Canada. The choice isn't between US and Canada. If you had an option to live in US you wouldn't be talking about canada.

If you compare US to canada you are all set for disappointment. The taxes are higher and jobs are definitely harder to find. Eveything is a little more expensive compared to US. (If you look at books CDN prices are always higher). But on the other hand, houses are way cheaper. What cost 600 K in SF Bay Area costs 350 K in Toronto suburb.

Canada still has a higher standard of living than Europe/Australia. I recently met someone who's been in Canada for 40 years and he told me that the highest tax bracket is 35%. It used to be 45% about 10 years ago.

Anyway, compare with going back home not US.



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vinrobo07-21 01:56 PMI had my first encounter 10 years ago while in India. Escaped the scene and felt bad that time about it.
But now I have become good at it and just let them politely know about my policy of not "owning a business".

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Lasantha12-14 03:45 PMGood summary but let me also add the observation that eliminating the per country quota alone will not bring the desired benefit unless the following are also implemneted

1) Increase of the total EB quota
2) Exclude dependents from the quota
3) Re-capture unused visas from past years.


To summarize the discussions on this thread:

Yes, it is 7 % for all countries.

Now it is manifestly obvious that the 7 % figure is arbitrary, and not fair. That much we can all agree on.

The real question, as raised in the first post of the thread by soljabhai is:

(A) Is that constitutional?
(B) (And this is the real question): If it is, what should we do about it?

Intelligent questions, both.
The answer to (A) is not clear. We need a competent constitutional expert to opine on the matter.
For (B), (which is what the thread is really all about), there are lively discussions with differing views.
lazycis has presented good evidence that the case is not cut and dried legally. It might be unfair, but those are the laws.
mbartosik, alterego, me and others have argued (from different angles) in terms of pragmatism. (Cost is not worth the benefit)
garybanz, soljabhai, and others have argued that it is worth it (Cost is worth the benefit).

Anyway, agree or disagree, its an interesting thread with interesting posts..



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alterego12-21 05:18 PMalbertpinto,

I agree that it is not going to be easy - but I don't see any other way.

It is easy to throw numbers - 200K, 500K waiting, 750K apps received etc. etc., but unless there is evidence to back it up, these numbers mean nothing. What is our answer to a Senator who asks how many people are waiting in line Eb category? And what is the source of that data?

How else can we estimate how much money we are paying every year in taxes and contributing to the growth of the economy? Or, how many really intend to buy a house on receipt of the Green Card?

Perhaps we can think of some other strategy to arrive at some concrete numbers - but I sincerely don't think a database of anonymous unverifiable members is of much use. By the way, when I said verifiable, I meant that if a representative from a senators office were to randomly call a number from the database, he would find a legal immigrant at the other end who is trying to find his way through this process.

I like the idea of a temporary green card - there has been talk about it in the forums in the past. We could also consider pitching the idea of "expedited/early evaluation/adjudication", of the I-485, for a fee. The main point could be:
- For a fee, you will know for sure whether all your paperwork/interview work is complete, the case has been adjudicated, and your application is waiting only for a visa umber.
- Once the case is adjudicated - the USCIS sends you a letter that it is complete. Now can do almost anything with your EAD/AP - work for any employer, any field, any state, study, start a business etc.

The USCIS can define the criteria for accepting cases for early evaluation, such as:
- PD older than 3 years
- Buying a house etc.
- Attempting to start a business, changing job, going back to school to enhance skills etc.

Any other thoughts, any one?

In my view that sets the bar too low for us. You can never get any certainty with an EAD/AP, with a green card one is considered a "probationary American". With this sort of request, there will be a "probationary period to probationary citizenship".
At this juncture, if you are in a secure job and can hold that job, especially if other jobs depend on yours, and feel secure enough to buy a home in this country, you are a tremendous asset to this country at this time.......period.
The skills, savings mentality, strong family values, capital and international contacts that we possess are a net plus to this country.
I have not come to this country to beg for anything, I have come to benefit myself while benefiting America. There are synergies here for us and any fair minded person will see this. Only narrow minded people who have a zero sum mindset eg Lou Dobbs can't see this. If an EB5 investor, a spouse of a citizen, and other categories can get a green card right away, why would a similar option not be afforded someone who will in a substantially tangible way benefit the economy near and long term. The American public will embrace this if presented to them in the appropriate way.

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rajeev_7409-24 07:04 AMfor people who own or will buy homes ? We could also say that this can come from recapture but only for already or potential home owners...

It could be part of the Bail out package...



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Nikith7706-12 06:36 PMTo be honest, I do agree that the US needs qualified people with skillsets. The real question is "Are the people from the desi consulting companies the real qualified lot ? " Just to get my background details out of the way. I am a new member, from India ofcourse, and I have recently applied for my citizenship. Now with this huge deluge of immigrants, especially from the desi consulting companies, I feel that my quality of life is getting adversely impacted. Do not rush to conclusions that I am anti Indian or anti immigrant. 12 years back when I first got my H1 visa, the requirements to qualify were strict. Staffing companies to a decent extent followed rules and tried to get the best and the brightest. Once the dot com boom started, people from all walks of life entered IT. This was true of not just the Indians but also of people in the US. Soon after the bust, the value proposition from these staffing companies was simply low cost. This is not to blame the staffing companies. They behaved in an economically rational way.

Consider this scenario. If you run a consulting company, wouldn't you try to maximize your profits by staffing people in projects at the least cost ? This is econmically rational. You wouldn't worry much about the quality of the deliverables and all you would care is to dump as many bodies as possible at the client site or offshore and get the maximum bang for the buck.

In this scenario, how is it feasible to expect immigrational justice when the bodies themselves dont provide exceptional talent and skills but simply offer low cost ? Now you would be tempted to bring in the analogous case of illegal low skilled immigrants. Remember they are just that - low skilled workers. They dont "steal" the jobs of high skilled workers. But this dumping of IT workforce has completely brought down the standard of living of the IT workers here. To be honest, those who get green cards today would feel the same way five years from now when the next wave of so called "skilled IT immigrants" offer even lower wages and destroy the quality of life.

In summary, this retrogression is good in a way. The truly best and the brightest would still be employed until their turn for adjournment comes in. Only the weak are currently scared of the delays. I went through the same torrid GC phase after the tech meltdown in 2001. I was not worried of my job then but many people whom I knew got clobbered and were forced to leave. This is the darwinian flush and it will take its toll. Trust me this the bitter truth. If you people still consider that all the people on H1/L1 are part of the best and the brightest, they are WRONG. Only a small % (probably 20%) are the true best and the brightest and a good 50% will be flushed out. Sorry to say this and hey give me the red dots.
I think you are over confi....... but best of luck to you.

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srkamath07-21 09:01 PMCAN ANY ONE BELIEVE THEY GAVE 10,326 "UNUSED" EB NUMBERS TO FAMILY BASED IN THE YEAR 2006?? AMAZING.

http://www.dhs.gov/xlibrary/assets/statistics/publications/LPR_FR_2007.pdf

Another concern I have on your estimation is it looks like unlimited categories (immediate relatives) eat into the overall numbers. But it looks like FB is guaranteed minimum of 226,000 each year.

that's right, vdlrao is spot on (as usual) with the analysis.
A recapture loop is already built into the system, the subtraction of the unlimited category numbers acts sort of like a negative-feedback loop, keeping the numbers stable.
USCIS processing efficiency affects mostly EB categories, it doesn't affect FB much which has hard 7% limits / country.

vdlrao's clear analysis suggests that FY 2008 could see more than 70,000 EB2s issued in total.
EB2 In/CH being retrogressed will get the maximum benefits.
USCIS is definitely capable of processing 12k to 15k per month.
EB2 will become current for all countries very soon.
EB3 will then get a lot of spillovers, ensuring rapid movement.



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John33307-26 05:20 AMDear Attorney,
I have an approved H1B petition, but was given 221(g) during consular interview due to lack of license to practice my proffession in US. They instructed me to submit the license within one year to stamp the H1B visa.

Now I am comming to US on a Visitors visa to write the licensing exam and to get licenced.

I am aware of the aware of possibility of changing status from Visitors visa to H1B after getting licence without leaving US, since I already have an approved
H1B.
But I came to know that USCIS will take around 90 days to approve status change from Visitors visa to H1B.

Kindly clarify whether I can start working for my H1B employer immediately after filing status change with USCIS, or do I need to wait till the approval, to start working.

Also do I need to include 221(g) I received after my H1B consulate interveiw for the status change application.

Thank you very much in advance.

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days_go_by08-04 07:16 AM08/04/2006: Final Rule of Labor Certification Substitution Elimination: Where Is It?

* A rumor starts surfacing in the immigrant community that the DOL is finalizing the rule-making process for this final rule and the rule may be published in the federal register in the near future. This rumor has not been confirmed by the DOL. Neither the OMB rule-making agenda reflects such request by the DOL. We will closely watch and monitor this rule-making process. Please stay tuned.



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GCOffice09-28 10:51 PMHi ,

My husband is a GC holder. For some family reasons we would like to stay in INDIA for couple of years(or maximum time we can). I know we have to apply for a reentry permit. Is it a tough one to get and how early should we apply for it.

Thanks in advance

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FinalGC07-22 02:21 PMI have been following this thread for last couple of days and I feel I need to make few points. I remember when this amway/qucikstar thing started several of my close friends got entangled and tried to involve me. However, every time I bailed myself out by clearly mentioning to them "Right now, making lot of money is not in my top priorities. I want to focus on my carrier." Fortunately, I was able to fend off the proposals and clearly make my point.

In this thread, several of you are mentioning to ridicule, diminish, embarrass, and even socially out casting an amway/quickstar member. I feel its going a little bit too far. If you dont like to be in the amway/quickstar business stay clear of it, nobody will be able to force you in it. Setting up anti-amway websites, sharing names of the "bugging" amway members, distributing their phone numbers, and destroying their social reputation is harming the person personally, not the amway/quickstar business. We all know by now the amway/quickstar is a scam, majority of its signed members end up losing valuable time and money. How do you feel if some of your mentioned action emotionally push a distressed person off the cliff. Think about it a bit !!!

Dear Friend:
The frustration that all these people state is because of the bitter experience most of them had. The whole business model of Amway is created to con people to get into business. When you understand that part.....every person who has some contact with Amway will have some disgust from their past.

Btw....if you see most of these guys arguing do not have much to do.(including me.:-) ).......this is one masala discussion and everybody is jumping in and passing their time....Nobody is intentionally ridiculing them...all people are trying to say is BEWARE!!! Njoy this discussion and move on buddy...:-)



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thomachan7203-27 11:55 AMElection in India is approaching fast. Who will be next prime minister of India.

(This is better than doing predictions for visa bulletins :)).
You really think so?? The next PMs name is not even on your poll lists!!
India and Russia have set examples to the rest of the world. How? well...
Russia- by showing how communism can be at its worst
India- by happily showing how democracy can be at its... you guessed it, "worst"
Dont agree?? True Democracy, implies "for the people and by the people", right?
well in India its a tiny bit different...."For the thugs and by the thugs" Now the word thugs vary in meaning depending upon the citizen affected... for some it might simply mean "currupt" for others "looters", for some others "dishonest" and for a unfortunate majority it goes to the extent of "murderers".
Now.....still interested in wasting time with the projections for Indian PM??



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vivid_bharti04-20 08:05 PMSeveral Websites(Not RSS/VHP) says Christians are 6% now, Muslims are certainly more than 17-18% as millions of Bangladeshi Infiltirators are unaccounted. It is very evident from the fact as Muslim Votes are the deciding factor in the almost most areas of NorthEast, UP, Bihar & West Bengal and that is the only reason, Samajwadi Party & Congress start the Babri Maszid rhetoric just before elections. As most of the posts I see here problem most people have with congress is their Defacto presidentship to the Nehru Dynasty, without counting their contribution to the country. Corruption in media to cover the family from day to night without holding them responsible for all the mess they have created for India in last 60 years. I would have had no problem with Manmohan Singh if he had ruled our country independently, if "Rahul Gandhi" and "Priyanka Gandhi" & "Sonia Gandhi" had to look into the mirror before endorsing him..They completely made a mockery of our democracy by putting puppets in PM's Office, President's office, CEC, CBI and what not. I wish It was Narsimha Rao or a Self Respectful leader who could stand tall infront of the dynasty, but Manmohan Singh sold himself... A quick fact check : Muslims are about 13.5% and christians are about 2% of india's population. So instead of 30% of india belonging to these two groups per your numbers, it is actually closer to 15%. Right wing extremists group use these exagerrated numbers to drive more gullible people into their communal parties. But you get those numbers from VHP/RSS. Check it tomorrow and it could be close to 40% !

It is religious freedom, not religious conversion. And thanks for enlightening us about the global plan to decimate indians by racking up numbers on their side. Are all of the indians coming to US have a similar plan because I am not aware of it.

Spreading fear and hatred using lies and stoking communal feeling to get votes is nothing new. Seeing educated people do it with such fervour is new.



pmat06-12 09:30 AM2nd best engineering college in Rajasthan? There were 25 states in India , now including IITs, & NITs and BITS, that would make it, atleast 30 colleges in India which are better than yours. And here we are just talking of engineering colleges. Not even mentioned about medical or others. So yours would be like probably 50th best college in India. That is certainly not the best and brightest. I am from top 10 engineering colleges of India at the time.

My brother is a gold medalist in CS from India's top NIT and has done MS here from top 10 universities. My wife has also done MS from here (top 20 school) with a good GPA.

So give up ur GC now for recapture and go back! The better and brighter are waiting for it behind you.

What do you mean by not being a public burden? You will still eat up a job , that can be retained for India's best and brightest, in case you do return due to economy or healthcare factors here.

Dude... he is talking about the second best engineering college in India that is located in Rajasthan.. aka - BITS Pilani (my guess).



willwin07-29 09:48 AMAnd this exaggerated estimation of 108,000 includes those with PD between 6/2/06 and 7/31/07. Since the cut off date for EB2-I was Apr 2004 in the June 07 bulletin, most with PD must have already applied before July 1st.

Forget the speculations, it looks like there are a few facts which are out in the open. Correct me if I'm wrong:

1. Minimum of 15,000-20,000 EB visas are available.

2. They have closed EB-3 quota.

3. At least 20,000 if not more FB spill over is available and has not been applied to this year's count.

If FB is factored in Sep quota (and if there are still 20K EB left) then there is a likely chance of EB3 ROW becoming available.