Thursday, June 30, 2011

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  • willigetgc?
    01-14 12:03 PM
    .





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  • satyasaich
    12-13 02:10 PM
    Well, interesting topic and here are my 2 cents.

    i just googled for a minute, for the definition of "Equal Employment Opportunity" by Federal Government and the result is as below
    Equal Employment Opportunity (EEO) :A term used by the federal government to refer to employment practices that ensure nondiscrimination on the basis of race, sex, religion, color, national origin, physical or mental ability, medical condition, ancestry, or age.
    The principle behind EEO is that everyone should have the same access to opportunities

    AND Ethnic References are American Indians, Asians (Pakistani/East Indian: Persons having origins in any of the original
    peoples of the Indian sub-continent), Black, Hispanic, Caucasian

    The above definition itself speaks very loudly about access to opportunities, which if restricted due to another federal law or provision, then it is clearly a conflict within Constitution.


    Consider a person with some skill set and born in Bangladesh or Pakistan working for Employer A
    &
    another person with exact skill set born in India working for same employer in the same capacity.
    Assume that both have started the GC Process on the same day, but person from India is still waiting even after 5 or 7 years.
    Where as the other person got the GC and no restrictions to accept a promotion and an increase in salary,based on the same skill set and experience.
    Isn't that scenario defers the principle behind EEO which is everyone should have the same access to opportunities
    and hence voilation of law?

    There are thousands of glaring examples like these, and i'm wondering how this can not be considered as a good ground for challenging
    (I do undersand the cost aspects of challenging and legal fees etc; and the hefty amount of funds needed)

    by the way, i tried to find a federal government rationale for per country limit in current system (only from the EB Category perspective), but couldn't get a good answer

    Satya
    India / EB3/Nov2003/
    --Any country's immigration policy has to have some control measures built into it. I cannot imagine any country opening its gates wide open for the entire world to migrate into her without any limitations. So the question is, whom to "restrict" and whom to allow? This leads to the same argument, do you see this "restriction" as discrimination? There are others who see as fair "reservation" for them.


    there is no "reservation", the nature of the clause is a cap, it does not give another country a minimum quota, it is written as a restrictive provision. and again- just because it benefits someone else does not make discrimination "right", in the strictest sense. right and wrong when it comes to discrimination are not relative. and if you believe they are, it's mighty slippery slope my friend because it does not take time to find yourself on the other side.

    --Good question. If we look at what qualifies a country to be included in the lottery program (oversubscription etc?), it would again lead to the "balancing" intent with regards to immigration.


    so why the double dipping? if the balancing is done, why the country quota? the result is that as i said more bangladeshis come in than indians...so what does over subscription mean in the end? again...why the need for the diversity lottery? the country quota already balances things....or not?

    "either it's wrong or right. the caste system is wrong, from every side of the fence. it may benefit some and hurt others. but it's wrong, wrong and wrong.
    same for this country quota. sure it helps some, and looks good from "their side of the fence". that does not change the fact that it is wrong."

    --You are opining that it is wrong. You cannot state that it is a fact


    you sound suspiciously supportive of the caste system. i will say it again. such a system is wrong. i do not care which side of the fence you are on. was depriving blacks from voting wrong? or was it ok from the white side of the fence? please think before you post.
    there is a difference between "something benefiting me so i justify it and fight to keep it" and being right or fair. everyone fights to keep what they have. sorry, still not right. and if you still feel the caste system can be justified as right from your (or any) side of the fence then let's stop here, we have no common ground. and i speak as someone with sufficiently "high caste" to have not suffered from it (so you know my side of the fence).

    one last thing, i find it hard to believe you are terming as "right" the idea that I as an individual should be held back 10 years longer than my colleague because of where i was born. any way i look at it...sorry...just not right.





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  • kondur_007
    07-26 06:04 PM
    I dont think the situation is that bleak. What would happen when EB3 ROW is unable to use up all the spillovers from EB2? The excess would go to EB3 I, right?


    This is exactly the point which is not clear and therefore, asking for verticle spillover may not benefit EB3 I.

    What you are asking for is "verticle spill" till it comes to EB3 ROW and then spill it "horizontally" to EB3 I, then only EB3 I would benefit. (although USCIS did this in the past, there is no logic that can explain it)

    If they re-interprete the spill and make it verticle, it will go EB2 ROW -> EB 3 ROW -> EB2 I -> EB3 I (pure verticle spill) ; In this case, EB3 I gets nothing but EB2 I looses with some benefit to EB3 ROW. And remember, verticle spill from ROW will need to go equally to India and China...

    At the end of the day, if you look at the big picture, I think horizontal or verticle spills are not likely to make any difference to the backlog of EB3 I. What we need is more visa number. Mechanism (recapture, STEM exemption etc) does not matter. Also we neet to unite and work on getting our agenda in the CIR that is likely to be awakened once elections are over.





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  • srinithati
    07-03 01:15 PM
    I am in the 6th year of H1B. 6 year term expires in March 5, 2009.

    My Company filed LC in June 2008.

    Assuming my LC is cleared by this year end, I-140 Filed around Jan 2009.

    Can i get 7th H1B Year extension, if my company files H1B extension by Feb 2009.

    In which cases 7th Year extension will be rejected.



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  • villamonte6100
    12-14 01:12 PM
    I know. I work for a prestigious law firm and I know how hard it is to become a lawyer.




    There was a thread some time back about people considering going to law school and becoming their own lawyers. What I took out of it was that its not that easy. Besides going to school, you have to pass some tough state exams. I am quite happy with my lawyer. I paid some dough but its much cheaper than going to law school, and saves me time and headache.

    Going to law school is not for everyone, definitely not for me (fat books scares me :eek:). I like the suggestion by garybanz about getting a qualified opinion. Just so that we know.





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  • hiralal
    08-16 07:38 AM
    I am a patriotic Indian. Why the hell cant this Khan guy go through the same ordeal as an ordinary Indian or any other passenger. Why all the fuss? Is he god??? Hell NO...I would just tell him to shut up and carry on with life. He is an idiot and just doing this for more publicity. How many Indian muslims go through this shit everyday? Why cant he tolerate this 2 hr ordeal like an ordinary Indian muslim or for that matter hindu? Racial profiling is for everyone who is colored and non-US citizen. He is not a good guy as he cant even take a 2 hr ordeal as an ordinary citizen because he thinks he is GOD...when in fact he is as ordinary as anybody. Just because he has money, name and fame should be become god? no way. I dont mind if the Indian airport security frisked Tom Cruise or any other actor. Who cares!! Its our countrys security, but you know what India wont do that as all the airport officials incl. security are so corrupt and also if they see white skin they will just allow them freely thinking they are god!! thats our stupidity not the americans???

    I am glad this happened to the so called "King Khan" as he is king only in his mind. Not for me because for me he is a talented actor other than that he is not GOD but just a mere human being..
    I sort of agree with the above - why all this fuss - it should be an eye opener to him that he is a human after all. maybe he should become more charitable to poor Indians like hollywood stars are if he wants to earn my respect. there is too much of hero worship in India and they sort of think themselves as god (it is not just SRK but even cricketers like Tendulkar etc - they are just not charitable like steve waugh etc)

    Read SRK's latest comment "'King' Khan stunned the large number of Indian-Americans when he told them that he does not feel like stepping on the American soil any more, but it is the love and affection of millions of his fans in the US which would bring him to this country again and again. "

    it is like saying - I don't like Cake - I hate it --- but I will eat it again and again --hopefully he will face ordeal like this again and again :D



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  • H1B-GC
    02-06 02:44 PM
    i consider Mathew Oh,the most considerate and highy respected.His Q&A's are very individual centric but still answers those questions and posts those on his site.He provides links to other sites like immigrationportal.com though both of them are in immigration business(Simply Amazing).And he was the only one who was helpling us or showing real concern during s.1932 fiasco.Simply an Oustanding guy.Next comes Rajiv khanna since he never moderates the forum or censors other immigration sites in the forum.And for his lawsuit on behalf of all EB immigrants in 2002/2003.

    And Regarding s.1932,it was posted on the Murthy site as breaking News :eek: after a week i believe that the Bill wasn't passed in the senate/house.It was a Joke of 2005!! :D





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  • bfadlia
    02-15 04:38 PM
    America is about freedom and liberty and is a law abiding country. Country caps is discrimination with people of two countries which have almost half of the population in the world. I am not saying increase visas for India or China. I am only saying increase the total number of visas and then make the system FIFO so that every skilled person in this world have same access to immigration.

    Finally an honest admission. You finally say there are more Indian and Chinese here because they have huge population.
    If you can't see the insult in keeping to say "best and brightest" then I would have wasted my time.



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  • newtoearth
    05-03 01:14 AM
    ...





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  • ragz4u
    02-06 02:25 PM
    http://www.murthy.com/news/n_endsub.html



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  • vrichards
    09-05 02:25 AM
    It is very troubling to note that one persons identity was uncovered online because his political views and legitimate concerns about the crimes of YSR (Good riddance to him).

    IV must delete all posts relating to the uncovering of this gentlemans identity. And ensure it never happens again. If this is not done, we will lose faith and trust in IV.

    IV core needs to understand this.





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  • vamsi_poondla
    02-14 12:06 PM
    I do not support law suit for two reasons,
    1) I do not believe that lawsuit will bring a positive decision that benefits the whole community.
    2) I do not know any of those who tells that they support lawsuits, their level of commitment for becoming plaintiffs, commit the $s, time and energy

    I dont care if USCIS scrutinizes those plaintiffs applications closely. They can and they should. Those who are in such a good strong GC cases alone can come forward and participate because if it is legal battle, every thing is fair on both parties to use all legal means to weaken other party.

    You can stretch a government agency only to certain extent. No one can prove that USCIS intentionally took decisions so that they waste the visas. Just like my client cannot sue me for the bugs I introduced in my code.(in my good developer days). At the most court might ask agency to prove that they improved the process which USCIS can prove easily.

    I urge all members to understand the reasons why we should not support lawsuit. It is not a true consumer rights issue. It is a government agency with limited resources, ideas and priorities.

    Finally, what is it to the community on the whole - recapture of unused numbers. Then what whoever gets GC will be happy with their life and what about other deserving GC aspirants. As an organization, our objectives are very clear - we are pro-legal immigration, grass-roots organization for GC Reforms. We believe in lobbying. We believe in making the agencies improve the process, work with congress to increase numbers/ remove country caps, believe in the benefits of legal highly skilled immigration. If the idea is to benefit those 20% before 2004/2005 and not the whole community, I think it is selfish.

    I believe in IV strength, IV core principles, IV approach and IV leadership maturity. Every scenario is carefully thought, researched and evaluated even before turning down that idea.

    Success has many fathers but failure is an orphan. IV is the kind of organization which keeps the failure attempts also transparent and keeps the members in loop. It also introspects what went wrong and changes the course in next step. Admin relief is the first and foremost priority for us. next is increased lobbying with lawmakers.



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  • eb3_nepa
    10-23 12:08 PM
    ^^





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  • Vishal2007
    05-02 07:17 PM
    I am watching this thread last 36 hours, this is not media to discuss political issues, we are here to educate/lobby so called law makers of this country for our immigration issues.

    STILL BEING TAMILIAN, I HAVE RIGHTS TO SAY MY THOUGHTS


    Tamils in SL is not Indian citizen but they migrated long back still have culture,family relation in India. Rajive got assassinated because he is trying to implement unpopular/unacceptable foreign policy in SL simply by trusting his popularity (he deserved for his mistake) One Sikh killed Indira but we accept another Sikh as our PM. It is Indian gov. lobbied efforts to ban LTTE by western country. they are well organized, disciplined and high tech group. some people raise another issue, they recruited young children to fight, we all are talking so called democartic India, still encouraging child labor every where in India. Srilanka Government boldy refusing all western country pressure, even United Nation (UN, this is pice of shit in the trash) unable to convience SL gov. because it is backed by Indian gov. or you may called Sonia gov.


    Bottom line is Sonia is taking revenge on Tamils by supporting SL gov., after all she is from the country that killed Jesus.

    We already denounced India, I am carrying Indian passport with shame.




    see the link below,




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  • sidbee
    02-15 02:44 PM
    I dont understand the whole point of discussion here ... What does the IV Senior Members think about this , The idea of a lawsuit to capture the loss immigrant visas, is not against USCIS, its against the system. Infact the USCIS should be on our side, as per the USCIS Ombudsman, Mr .

    Atleast we should try , discussing and cribbing on the forum wont help.





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  • cinqsit
    01-14 03:19 PM
    I would argue that Indian consulting biggies saw that they could offer resources to clients at much cheaper rates than offered by American consulting companies. That drove down billing rates for everyone. Also one cannot deny the fact that persons who faked their resumes have contributed to the decline of the quality of talent pool. Don't get me wrong, bad apples existed and thrived in both big and small companies. But the occurences of such misdeed is/was more rampant in body shops. Some examples are the hiring of fresh grads & H4 & other unskilled workers and passing them off as "high skilled resource".

    On the other hand if American consulting companies bill high rates to clients, they are at leat still paying decent wages to their employees. So wages stay at moderate levels. But what This whole tiered employement brought into play was that the actual employee was not getting paid too much but the client would still pay quite a bit, maybe not as much as what an American consulting company would bill. The wages of IT professionals went down.

    Though this memo is reiterating the same rule again, they want to send a message that body shops are hurting the overall balance of the arrangement they had prior to when desi comapnies setup shops, and that they are keen on eliminating this source of imbalance.

    I agree completely. I fail to understand why people are so upset with this development. Your life will be better in the long run. Cant you all see ?

    cinqsit



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  • _TrueFacts
    09-05 03:27 AM
    It seems like YSR was a very evil man. We must celebrate now that he has died.

    Good riddance to bad rubbish.

    Just as we celebrate Ravana's death with sweets and lights. Good riddance ... good for AP.





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  • Macaca
    06-27 08:56 AM
    HOW THE SYSTEM OPERATES
    At the beginning of each month, the Visa Office receives a report from each immigrant visa processing post listing totals of documentarily qualified immigrant visa applicants in categories subject to numerical limitation.
    Cases are grouped by foreign state chargeability/preference/priority date. No names are reported. During the first week of each month, this documentarily qualified demand is tabulated.

    VO subdivides the annual preference and foreign state limitations which are specified by the Immigration and Nationality Act (INA) into twelve monthly allotments. The totals of documentarily qualified applicants reported to VO, and the expected INS demand for numbers, are compared each month with the numbers available for the next regular allotment. This allows for the determination of the monthly cut-off dates, and the allotment of numbers for reported applicants who have priority dates within the newly established cut-off dates.

    If there are sufficient numbers in a particular category to satisfy all reported documentarily qualified demand, the category is considered "current."

    From this it is very clear that the number of Visas available for the rest of the FY 07 is enough to accept as many applications as can be approved in those 3 months(July, Aug and Sep).

    According to Ombudsmn report a documentarily qualified applicant is an applicant with approved I-485. The ombudsman report is a must read; most of the threads will not pop up if everyone reads them.

    The report also says USCIS can not predict these numbers accurately. That is why 10K GCs were wasted last year and 40K were exepected to be wasted this year. They moved PD to avoid the waste.

    USCIS knows the exact # of approved 485's before dates moved for June. So they know exactly when 2007 GCs will get exhausted by earlier approved ones, if at all they will get exhausted.

    I think they will retrogress dates after using 2008 quota. That is dates will retrogress in Nov/Dec.

    We can do some more analysis based on PD for june (which I don't know). What is the date set for June submissions? Thanks!





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  • redcard
    05-29 01:36 PM
    For all those who are stating that filing in EB1 should not matter, please withdraw your application and let other people in line move ahead. Give me 1 simple reason, why should we not raise this issue. In hindi, there s an old saying "boondh boond karge ghara bartha hain"....

    I will request all of you to send letters to USCIS to raise this issue and lets have a close scrutiny of all EB1 applicants received/filed....I understand that this is not the solution but i am pi***** at people using loopholes all the time.....


    Well I am pissed with this whole set up of immigration in this country.. did not obama's campaign say " HOPE IS ON THE WAY".. well its seems for skilled immigrant workers it is " HOPE IS OFF THE WAY"





    ocpmachine
    06-11 09:33 PM
    Makes sense now. Peace.

    Dilip,i read your old post from 2003, indeed a roller coaster ride...remember good KARMA, you had tons of it man!!





    sumagiri
    07-25 11:18 AM
    Well, we are talking about 'cutoff date move', not actual approved I485's. If USCIS works in full steam, the EB2 backlog will be reduced quickly, which will result in cut off date move; if they don't, the DOS has to move date forward to allow more CP, that will also cause cut off date move. So either way, the horizontal spill over rule will have a huge positive impact on the EB2 dates move

    If USCIS is not efficient, cut off dates do not help much for pending I-485s even if there is a horizontal spill over. If USCIS is efficient, there is nothing to argue, EB2 will be benefited as analyzed by vdlrao , me and many other here. I am only trying to say that USCIS efficiency and its 'Target' for each year is a crucial factor when it comes to speculation. The number of visas approved is directly proportional to agency's efficiency and its set target. Depending on that, some parameters in our calculations change . For example, If they do not use the FB to EB spill over, we will be less by 20k for the year. If USCIS and DOS only utilize 130K out of 140K, we will be less by 10K more.

    I am not pessimistic and please note that I am not contradicting any one. I my self did detailed analysis in May 2008 saying that it will wonderful year for EB2. Please find the post here.
    http://immigrationvoice.org/forum/showpost.php?p=246481&postcount=1422

    Hope USCIS will works efficiently..



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