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  • snathan
    03-30 12:07 AM
    Lets not bring Age into the picture. Manmohan is not much younger either and has had 2 heart surgeries so far. Economy is not the PMs only job. The real power rests with Sonia and my personal opinion is that Advani is a lot more competent than her. Manmohan is just a mask of Congress. "Mukhvta".

    I am not bringing age here. By the way I believe MMS is far better than any one else. He may not be a good leader. But see what he has done for the country. He is the one who opened the country's economy. He is the one who brought in the neculear energy to the country - though we are not sure about the out come and may need to wait for another decade to see that.

    I couldnt think anythiing like this for Mr.Advani...





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  • angelfire76
    05-29 09:24 PM
    still ppl feel pulling others lag would get them GC - this commnity can never be united!:confused:

    You are not getting the point. We are not pulling others down, they are pushing us down.
    It's not a subtle difference.





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  • soljabhai
    12-13 10:43 AM
    Hello All,

    First and foremost, i must thank everyone from IV, who is working tirelessly to resolve the issues of retrogression in the GC process. As an affected individual I am very grateful that leaders of IV are ready to contribute so much effort for its goals. And even though I do not actively work for the IV agenda, I have contributed money to some IV action items.

    I have a question/suggestion regarding the IV agenda. On IV's about page, pt number 2 asserts amongst other things,
    The Discriminatory Per-Country Rationing of Green Cards That Exacerbates the Delays.

    and further in the same point

    We do not allow employers to discriminate hiring based on their nationality or country of origin. Therefore, the employment-based immigration, which is a derivative benefit of employment, should also be free from rationing based on nationality or country of birth.

    I am curious to know what is the "legal" strength of these assertions is. Are they just "moral" statements or can the validity of these statements be tested in the legal framework of this country? In other words, my question is what is the constitutionality of the "Per Country Caps" in Employment / Family Based Immrigration procedures.
    A lot of Laws and Statutes have been challenged in the Judicial System of USA. And many more are challenged every year. And if the laws are not constitutional then they can be repealed.

    I am sure the leaders of IV must have thought about this argument however a quick search of the forums with 'constitutionality' as the search term did not return any results.

    IV's efforts to utilize Lobbying to bring about change to alleviate/eliminate retrogression are certainly beneficial. However, if IV has not already considered and eliminated this legal argument, then it should explore whether there is any substance to this approach.

    Hence this post. Below are some of the links that might be relevant.

    wikipedia article on constitutionality (http://en.wikipedia.org/wiki/Constitutionality)
    wikipedia category on US immigration case law (http://en.wikipedia.org/wiki/Category:United_States_immigration_and_naturalizat ion_case_law)

    thanks and sincerely,

    --soljabhai





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  • weasley
    07-31 07:07 AM
    Thanks Thampi. Someone does not see that as funny as you. Gave me two reds. But I dont care. That was a just a joke and I did not belittle anyone.

    :D:D:p:D Very funny. I just love this thread. For a moment we can forget about the stupid GC fiasco.



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  • sathish_gopalan
    07-19 12:14 AM
    I am currently on EAD and I had applied for my 485 in EB3. My priority date is Nov 2004.

    I moved to a new employer using AC21 . Will I be able to refile my Green card in EB2 category and interfile the 485.
    Since I am already in EAD status (not on H1), will my current AOS or status be affected by the new Green Card process.

    Please let me know if this is possible.

    Thank you
    Sathish





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  • qasleuth
    05-28 11:55 PM
    [B]
    Mr. Oppenheim estimated that there are currently 25,000 EB2 and EB3 cases from Indian nationals that have been reviewed and are only waiting for visa numbers for final processing.

    Help me understand here: when pre-adjudicating applications, either you pre-approve, if not satisfied issue RFE or deny. Why would only 25,000 applications have been pre-adjudicated ? NSC processing timeframe being Aug 27, 2007 and TSC Aug 8, 2007, shouldn't the 25,000 number be much higher when compared to the total of 120,000 applications chargeable to India?



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  • Legal
    07-21 04:19 PM
    http://www.dhs.gov/xlibrary/assets/s...PR_FR_2007.pdf

    Interesting information. Mexico's population 103 million is one tenth of India's population. Yet, consistently 2-3 times more GCs have been issued to Mexican citizens.This doesn't affect diversity!:rolleyes:





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  • RiaonH4
    07-19 09:41 AM
    --------------------------------------------------------------------------------

    i have H1 (ETA 9035E) which has NAICS code and LCA code .. no ONET code....

    My Green card labor ETA 9098 has NAICS (section C-8) same as my H1-B and SOC/O*NET(OES) code (section F-2) and nothing in Section H 10 - B ....

    now what isthat i am suppose to match to use AC21. Employer only trannsfer H1B. Nothing is ususally done for 485 application unless RFE comes and we give USCIS a company letter showing job duties are same as previous job .....

    what am i missing here cause i am surely missing something .....?????


    Please suggest. Also people are mentioning score 100 with ONET code ... what is that and how is that used.

    Please please suggest. This is so confusing !!!

    -Ria

    PS: this is for my husband .. a sucessful ac21 is required so that i can maintain my EAD (Derived)



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  • TeddyKoochu
    09-17 03:23 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.

    Arun thanks for sharing the news & congrats to your cousins friend, may well be one of the cases of successfully porting PD.





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  • garybanz
    12-14 04:03 PM
    His/Her country of origin and the state chapter is not really relevent for this discussion now, is it?
    :cool:

    It actually is. I am talking about an approach which has a chance (quite remote though) of removing the country based quota. You tell me that it is not going to fly.

    Now if you were from a country affected negatively by the quotas then I will take that as suggestions from some one who is in the same boat.

    On the other hand if you are from "ROW" then all your attempts to kill this ideas will make me understand how scared you are of this idea and hence how good this idea really is. :)

    The reason I asked which state chapter you belong to is to check if you are one of the "Real" IV members...coz there is a lot of people who are on this forum for a completely different purpose.



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  • JA1HIND
    02-13 07:37 AM
    How about everyone who came up with this idea on this thread. Why should IV core or murthy or someone do this ?

    Does any one on this forum happen to know an approximate dollar amount that would cost for if we (IV team) is planning to proceed further with this class action law suite on USCIS?? the reason I am asking for is if we have known dollar amount/target amount in hand it makes it easy for all to start contributing towards this target amount and proceed further with law suite.

    I am sure someone on IV team would create a separate bucket for this specific class action law suite task and keep track of amount that's been collected...

    Yes, I totally support this class action suite and also willing to support as mush as I can financially....





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  • soma
    02-12 10:30 PM
    just lobbying won't get us anywhere, class action lawsuit would make them listen!!!



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  • jkays94
    07-11 10:00 PM
    One of my friend was so frustated with this situtation , that he even explored IT jobs in gulf countries.He was telling me IBM has big presence there & with US experience , you can get manaegerial position with almost double salary.Also its nearer from India.


    Not to mention that if the offer is good and depending on the country, it is not uncommon to get a tax free salary, housing, 2 round trip tickets to one's home country for the individual and their family, in essence your major cost will likely just be food!





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  • unseenguy
    04-01 02:08 AM
    Well said. It is similar to Bill Clinton takes credit for revolution in IT area. It is all time. Gujarat prospered becuse of successful bussiness minded people. Growth was aided by high demand for export. I agree with you that though a guy has a great leadership skills, commanding speech, great administartive and management skills, if he commited/aided the crime, he has no right to hold the office. See the Alska Senator..He was one of the most successful politician and elected many times from alska for Senate. Now he is in jail at his very old age, just becuse he got money from oil comapines to renovate his house.

    There are lot of ifs and buts in life & world like .....

    I should get development job not testing.
    Bush should not have become president
    Mugabe should leave his post
    Pakistan should fix terrorism.
    China should have better human rights record
    Burma should release aung san su ki
    UK should return the gold it stole from India
    Australia should stop sledging in cricket and play like gentleman


    Similarly, I got the job because economy was good not that I did something.
    Obama became president because Bush screwed it up and he didnt have the talent.
    Pakistan is violent because Afganistan is out of control and they are unfortunate recipients of terror not creators.
    China has human rights problem because Tibetans are problem childs, not that China has done anything wrong.


    Similarly your wish is Criminals should not fight elections. Let me tell you that without favorable government policies the businesses can't succeed. The very business minded Gujratis have democratically elected Modi even after his visa refusal by US and Sonia madam touting him as a merchant of death etc. Right now Gujrat is no. 1 state in India in economic development index. So give the guy some credit where its due. All your thoughts are very well intended and ideally that is how things should be but one has to go by reality and one step at a time. Although the hands of law are very long and justice will be served some day or in some way.



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  • gondalguru
    06-28 04:24 PM
    Does your attorney cost $400 to $800 an hour. I work with a law firm and our attorneys per hour rates are from $400 up. I don't understand your description of "very very high profile" attorney.

    Yes they cost around 350$ an hour. So I guess that makes them very very very high profile. Right.





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  • breddy2000
    09-03 11:57 PM
    If you had a laugh on my post good for you. Should have given you some relief from YSR's death. I have been laughing, smiling and eating sweets since I knew the news.

    CHANDUV23 (aka _TrueFacts) .....U DO NOT HAVE TO HIDE YOUR REAL IDENTITY TO REVEAL WHAT YOU HAVE IN YOUR HEART....

    That's all I can say...Good Night and no more discussions about this.....Peace...



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  • s_r_e_e
    09-23 10:20 PM
    I will send from the Bussiness Email ID tomorrow.





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  • digmetalq
    08-17 03:32 AM
    Maybe Indians don't have balls, but there is something called cultural exchange which every country share with each another. Now if SRK decides that US immigration has mistreated him and he decides not to enter US, world is not going to fall down. Recently I heard that HOLLYWOOD wants to come BOLLYWOOD to make investments, maybe out of bussiness sense HOLLYWOOD should support SRK. Big B recently refused doctorate from Aussie unversity in support of Indian students mistreated in Australia. Maybe Indians don't have balls but they have brains.

    Did I forget that we can light our bulbs.





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  • lazycis
    02-14 12:58 PM
    Galvez v. Howerton 503 F. Supp. 35, 39 (C.D. Cal. 1980)
    http://boards.immigrationportal.com/showpost.php?p=1838094&postcount=14843

    "Plaintiffs herein allege that officials of the Immigration and Naturalization Service (INS) have engaged in affirmative misconduct in failing to process their applications for adjustment of status to that of permanent resident aliens. They seek a court order compelling the defendants to issue them appropriate visa numbers."

    "Where there has been affirmative misconduct on the part of the INS, the United States may be estopped to deny the availability of visas to those otherwise eligible but for the government's acts. See Immigration & Naturalization Service v. Hibi, 414 U.S. 5, 8-9, 94 S. Ct. 19, 21-22, 38 L. Ed. 2d 7 (1973); see also Villena v. Immigration & Naturalization Service, 622 F.2d 1352 (9th Cir. 1980) (en banc); Santiago v. Immigration & Naturalization Service, 526 F.2d 488, 492-93 (9th Cir. 1975) (en banc), cert. denied, 425 U.S. 971, 96 S. Ct. 2167, 48 L. Ed. 2d 794 (1976). The central inquiry here is the determination whether or not the conduct of the INS, including the failure of the INS officials to understand the applicable law, the improper rejection of plaintiffs' visa applications on two occasions, and the ensuing delay, constitute affirmative misconduct.
    It is the duty of the agency to inform itself of the law which Congress has authorized it to enforce. The INS admits that its personnel were not familiar with the current statute applicable to plaintiffs' visa eligibility and thus erred in returning [**8] the plaintiffs' applications on the basis of a misinterpretation of the relevant law. This failure to act in accordance with law is an aspect of the agency's affirmative misconduct which the Court cannot overlook. Administrative Procedure Act, 5 U.S.C. � 706(2)(A) (agency action to be set aside where "not in accordance with law").
    Another aspect of the present misconduct relates to the agency's failure to fulfill a statutory duty. The INS has a statutory obligation to issue visas to qualified applicants to the full extent of the annual quota limits established by Congress. 6 The legislative history of the Immigration & Naturalization Act indicates that this duty has not been left to agency discretion, see S.Rep. No. 748, 89th Cong., 1st Sess. reprinted in (1965) U.S.Code Cong. & [*39] Ad.News, pp. 3328, 3337-38, but is obligatory upon the agency. "

    "IT IS HEREBY ORDERED that plaintiffs' Motion for Summary Judgment is granted, and defendants' [**14] Motion for Summary Judgment is denied. The Court orders the defendant Secretary of State to issue A.T. Cortes and E. Cortes Fifth Preference visa numbers and to charge them to the 1979 visa allotments"





    gomirage
    06-11 07:24 PM
    Congrats, you have arrived. Now, somebody, close the door please !!!

    To 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.





    nozerd
    10-10 10:18 AM
    What happens when you loose your job on TN1 ? Do you get any time to look for another job ? Do you automatically convert to tourist visa or you need to leave and come back ?
    Are the 3 and 10 yr bar reevant for Canadian nationals ?



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