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  • immigrant2007
    08-19 02:44 AM
    Wrong guess, what all can i say?





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  • BharatPremi
    12-13 01:22 PM
    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 And if the laws are not constitutional then they can be repealed.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


    I am not a lawyer. Here is my understanding as a lay man:

    What is constitution?

    A: At some point of time, group of people, with having confidence from
    majority of people, with a centralizing tone of some common
    philosophy/ethics, create the framework of regulations with a goal to make
    society orderely, to make sure that common good of people remains
    prevalent and maintained and assures the penalty for deed done agianst
    common good and breaking the common order of the society. Wise ones,
    accepting the limit of individual capabilities, understanding the different
    needs of the society at different time, keep windows opened to improve
    the "base" constitution with making sure all checks and balances do not
    allow the misuse and hecnce the word "Amendment/s" have the existence.

    Now there has to be some base ground when base consitution is prepared.
    What that could be? During the process of human evolution, with accumulated experience of centuries, human societies have established some common practices which we now name "Ethics" and amazingly many are similar across many culture. For example, Burglary is considered crime in each and every society without any question or difference. Why?.. I do not like somebody snatches away my chain as in my mind I have established my ownership to that chain. You also do not like it somebody snatches away your car.If there are only two humans on earth, things might have been simpler considering one is burglar of those two. But here in society now every body has to establish the proof that s/he is aowner of something and somebody else snatches that away then it is not good. So wise ones decided (to keep
    controlled and organized society) made a rule : "From today we will call the act of snatching something away from somebody an act of crime if the person can prove that s/he is the original owner of that thing and let's call that person a "burglar" because he snatched away the thing" Now it was suited to everybody because it was protecting their belonging so that was established as "Ethics" and stories of "criminal behaviour"were created by every society for snatching away the thing from somebody. That make every human understand the fact that snatching away is bad thing
    (if done openly:), If lawyer snatches away big money from your pocket .. no it is not a crime or that matter USCIS... just kidding :))

    Now making story short, after 200/300 years of evolution, USA has legally decided to push the "Ethics" of employment: "Equivalent Oppertunity to all Citizens without race, creed, color, country of origin" and "Skill is the criteria of an employment" Now when these ethical and progressive principals are already implemented for common good of citizens, it should be implemented for foreign labor (non immigrants/immigrants).

    Can we "constitutionally" label some person that, hey you will be called burglar if you snatches thing away from US born person but you will not be called burglar if you snatches away the thing from pakistani or Sweedish or Chiense who has just arrived in this country?

    So bootmline: If at all constitution is permitting "per country based ceilings" then
    we will have to fight to change that because it is not right.





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  • Desichakit
    07-24 07:09 PM
    VDLRAO Ji,

    Can you throw some light on the points said by Attorney Ron. Is Ron overstating numbers or some thing is missing in calculations





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  • msyedy
    01-27 10:39 PM
    Can please somebody reply, is this a non profit organisation or everytime somebody ask's some innocent question he is bombarded with counter questions like have you contributed, I can understand the frustations when there are freebee's but please everybody has his limitations,this reminds of bania's in mumbai you will get your your grocerries only if you have paid your previous debt's. Please don't force anybody, this makes every core members feel cheap, if somebody has to contribute he will contribute out of guilt out, of appreciation,out of obligation, we have not forgotten our dharma that is to help anybody that helps us.

    Ignore any posts that conveys a message forcing anyone to contribute. IV core has never ever forced anyone to contribute. IV core does not have time to reply to these kind of messages.

    Please Ignore these messages.



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  • northstar
    07-21 01:16 PM
    Because of all these experiences, even when you genuinely smile or strike a conversation with a desi, he/she first suspects you to be an ammway guy. I face it everyday, being "outgoing extrovert" in nature, I tend to smile and talk to people in elevators, walkways, malls, restrooms, groceries etc... which is mostly casual fun stuff and most times desis suspect that I am a ammway guy and cut me out harshly.

    That is so true chandu, a few bad apples are destroying the social fabric of entire desi community.





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  • sameer2730
    06-16 02:14 PM
    Guys,

    Please stop responding to Dilip. He is feeding of our frustrations. If he was still retrogressed he would be singing a different tune but never mind. Every response we give him makes him feel pleasure at our plight. To tell you the truth our plight is not bad. We just like to think it is. We have AC21 option. Remember when you could not file I485 how much you coveted that one option. If the employer withdraws I-140 and we have to file MTR so be it. People come out of it unscathed. It is still a low probability event. Take the bull by the horns and you will come out stronger. Even when you get your GC life's problems will not go away. We still have to fight for a better job, better pay, better quality of living and then we will not have the excuses we have now (Thats how Dilips of the USA are made).

    So lets take pride in ourself, use our options wisely and ignore people like Dilip. He is just pampering him shattered pride by telling himself we cannot get the salary he wants due to H1b , outsourcing .... . He is not worth it.



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  • eager_immi
    07-25 10:11 AM
    isn't it my choice. u can go back to india if u like i don't think i will stop u. Also using the same logic india is still ur home country u should go back even if GC works out.

    WHY not go back to India if the GC process fails , I mean after all India is our home country rite .(I am talking only about Indians)

    Health and Wealth are subjective after all





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  • PlainSpeak
    01-14 09:50 AM
    PlainSpeak has a new sock puppet account called actaccord who has no choice but to support him/her. how many more accounts did gcperm create who don't donate ot participate?
    Guys lets not waste our time on manipulative salespeople.
    In cases like PlainSpeak we need a background check for free members posting more than 10 messages a day, not only charge them.
    I agree this member has been inciting people to start fighting with him/her and into arguments, and playing a emotional manipulative card by pretending to be a woman. did you take acting classes at a dollar store, its so fake and cheap?
    plainspeak is just trying to keep negative threads alive and incite more in-fighting.
    PlainSpeak has a new sock puppet account called actaccord who has no choice but to support him/her. how many more accounts did gcperm create who don't donate ot participate?
    Ok here is the fallacy in your argument. Why do i need mutiple accounts to get you guys to realize what u you are doing is wrong when this one account and this one post is all that takes to get everyone to see the real side of the so called senior members and donaters.
    Regarding GC PERM (Rolling my eyes NOT Again) see my previous post and please read it carefully and if you do not get it please read it a couple of time more. i am sure you will get it.

    And yes my friend TinyHK12 you might have just lost the support of the one guy on this forum who while not being abusive about my post also did NOT support me. He was rooting for AmitJoye a senior member here and some one with whose idea you agree 100%. Thats called as shooting yourselves in the foot

    In cases like PlainSpeak we need a background check for free members posting more than 10 messages a day, not only charge them.
    Sure that is a great idea. As i said before (I think i was responding to you post in another thread) a paid subscription for posting messages on this forum is agreat idea and background checks wow that is a new one. How about a criminal background check like they do for jobs in financial sectors. Great idea but please remeber this will have to be a requirement which wil have to be implemented for each and every member of this forum and yes that includes background check on you yourselves my friend TonyHK. And please dont even think about the privacy issues IV will face

    I agree this member has been inciting people to start fighting with him/her and into arguments, and playing a emotional manipulative card by pretending to be a woman.
    Ok first please get this one fact straight that i am a women but just so that all you abusive senior members and donors will breathe a little easy i will become a man for you. Then you guys will not have any constraints and will not hold back and will not feel bad about abusing a women becasue for your convieneice and so that you can abuse guilt free i hav ebecome a man. Now there is just one thing wrong with this logic

    ABUSING ON FORUM IS WRONG WHETHER IT IS AGAINST A MAN OR A WOMEN PERIOD
    Sheesh you guys are shooting yourselves in the foot every time you post on this forum

    plainspeak is just trying to keep negative threads alive and incite more in-fighting.
    If you senior members and donars will step back and think about this for a moment you will realize the truth and the truth is that you guys have accused me of mob mentality but the fact is it is you guys who have a mob mentality.

    How let me explain .........

    If you do no agree to a post all of you gang up and start abusing the posters and any unfortunate souls who agree with the posters. Normally that is enough to scare the poster away. He/she either decides that this is not worth it and takes an out or is coerced by you so called senior members in such a way that their will is broken and they are just plain scared (YES SCARED !!).

    Now coming to my post. There is nothing wrong in what i said. I asked for discussion to an idea. This is just like all the other guys and gals before me to tried the same. The only difference is that i stand by my comment and i do not abuse you guys back because i reply back to every argument of yours (No matter how stupid/illogical/abusive) with valid arguments. Now you guys do not know how to deal with that and the only way to respind is to answer back with strong arm tactics.
    But guys the answer is really simple. Answer back with logical arguments and if you do not have any more logical arguments please rethink about the arguments (Do brainstorming and come up with one argument). Do not spend your valuable time working out HOW TO DISCREDIT PLAINSPEAK AND GET HIM (I am a man for you sake) OUT OF THE FORUM. Instead think about a logical argument to my post and convince me. Hey i am here to be convinced, Not my brow beating Not by strong arm tactis and certainly Not by abuses but by Logic.

    (Logic in india is called Tarq. So bai log bhuddi or Tarq sa bate karo )



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  • samay
    07-28 04:12 PM
    Question for Lawyer or Senior Members of Forum:


    Dear Sir/Madam,

    I myself is currently in H1B and my wife on H4. We both have EAD and AP which we�re never activated since we had our H1 and H4 and my wife has not started working.

    She should be starting work very soon and hence we would like to renew her EAD and AP. Also as part of her new job she needs to travel oustide US. So the question I had is whether she can travel outside US on her currenty valid AP with the application for renewal of AP/EAD in processing with USCIS.

    Thank You All for Your Help

    /COLOR]

    Regards,
    Josh

    [COLOR="Blue"]
    Yes -so long as the AP is still valid.





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  • MYGC2008
    09-17 12:22 PM
    Here is what I want to understand.

    EB2 ROW is CURRENT except INDIA AND CHINA. EB2 ROW will get 28.6% of 140000.
    This means 40040. How they are going to divide these visa between INDIA and CHINA?
    This is NOT SpillOver. I know there is 7% rule, but other countries are always Current.

    And EB1 is CURRENT and considering Bad economy very few cases will be filed under EB1.

    What will happen to those 40040 Visa? If those spillover to EB2 ROW, we may see a large quantity of Visa numbers for EB2.

    Considering 50% of each EB1 and EB2 visas consumed by other than INDIA AND CHINA, still we should get aroud 40040 visas this year.If you furher divide 50% between INDIA and CHINA, both will get 20020, Which might be sufficient to cross 2005.



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  • Jerrome
    09-24 06:05 PM
    Spillover would be by PD so China will not get same number of EB2 numbers as India. India has many more old applications then China.

    I assume they move both the countries PD to the same year/month if the spill over happens. Atleast in the past, it would be interesting to see how they move now.

    Even in all the scenarios it is less likely to go in to 2007, if not beyond June 2006.





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  • thomachan72
    01-14 09:16 AM
    Hey smuggymba, I hope you did not misunderstand what I said. Hope you get the idea behind what I meant.



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  • ita
    03-30 02:56 PM
    For all we know we may not be casting our vote but it is very important to know what is going on around us and this discussion is like a reality check though I agree immigration forum may not be the right place for this discussion.

    Coming back to MMS,Advani-going by the qualities you attributed to these guys MMS is like that exquisite diamond that will always sit inside the locked case who can only tantalize people but cannot make anyone happy(since Sonia and Co will never let his policies/Intelligence reach common man.)
    LK may not be that exquisite a diamond but he is not caged .I don't think he's a dunghill either.
    The most of the guys posting in this thread is not going to vote. Even I think, we all do not have our names in electoral list. There is no sense in arguing who is best or who should be next PM, sitting in US. Furthermore, most of the educated, urban voters will never go to polling booth in hot summer to stand in line to do their duty as a citizen.. Indian�s election of their representatives is fundamentally a show of money and muscle power. Election in India is just a business. It is just investment of money by political parties with the help of capitalists and their lobbyist to get the vote from rural, uneducated, divided voters across the nation. All parties are corruptive, communal, divisive, plays vote bank politics. No exceptions! (whether it is Congress, BJP, communists, BSP, SP, and countless regional parties). One thing I can say or compare about Congress and BJP. Congress is the only party has responsible for bringing both good (economy, growth, education,) and bad (corruption and countless other) thing to India. BJP has not done any good thing to India sofar, only it brought bad things to India (divisive, corruption).

    My input regarding comparison of Manmohan and Advani.

    Manmohan.

    Though, he is not a full time politician, and not a good crowd pulling speaker, he has strong record. He has quietly achieved lot as a RBI governor; FM and PM. US nuclear agreement is a big achievement in his career, despite he had a minority government with the strong left opposition. He does not have long term independent vision, and strong leadership skills. He was widely accepted by all part of the country, as he has no controversial issues.

    Advani,

    He is a good speaker, crowd puller. He is a typical Indian politician. He has leadership skills. He does not have any significant record/achievement to back his claim for PM (either as a ex-minister or politician). For example, he has not done anything to improve the national security when he was a union home minister. He has involved in controversial issue like Babri Majit, and Ram temple issue. He also does not have long term vision, ideas on economy, poverty elimination etc..





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  • pointlesswait
    09-23 01:01 PM
    well said sayantan..

    This whole idea of linking GC to probable purchasing homes..is insane!
    it stops short of black mailing...


    The 700Bn or whatever the final number is not entirely a drain.....

    the thing with all these exotic securities is not that they are completely worthless but that there is no market for these right now and hence are illiquid - so if someone had the ability to keep these securities for a long term (say 30 years - since most mortgages are for 30 years) on their balance sheet - they may not lose as much money as they would if they tried to liquidate these investments in the short term.

    Financial Institutions typically borrow short term to invest in long term investments and keep renewing the short term borrowings - since the underlying investment has become illiquid - it has become difficult to raise financing against it. the govt, howver, can take a long term view and be patient....who knows.....in the end - the Govt may actually come out with positive cash flow at the end of all this mess. So, the bail-out plan may not be as bad an idea as media is portraying it to be.........in short-term - it does take US into further indebtedness.

    I already have a GC - so this debate does not impact me personally - but this is against the basic principals of natural justice.......GC applicants were placed into certain EB categories based on job descriptions and qualifications and then within queues assigned priority dates based on certain logic and are currently being approved based on PD and country quotas..........all these rules were known and published prior to companies and people applying for these GCs.....

    No matter what the incremental benefit is, I think its blatantly unfair (like it was blatantly unfair to push some people to labor backlog centers and approving people with later PDs first) to change the rules of engagement and prioritization midway through the process and give preference to someone based on an ability to invest certain $$s in an house.......buying a house is a commercial and lifestyle decision........should not be a precursor to a USCIS adjudication.......

    keep the red dots coming folks!



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  • eb3_nepa
    06-28 12:54 PM
    it is fine to fedex on saturday or not..Please let me know. I have to call my lawyer.

    From what i know,your application will not be accepted if it reaches there before July 1st. Since July 1st is a sunday, the earliest you can send it is Monday july 2nd.





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  • Mr. Brown
    08-16 12:41 AM
    The question doesn't arise because he is SRK or APJ or in future Manmohan singh. The point is does it take TWO HOURS to find the identity of the person. How did you feel when you were questioned for an hour at the POE even after staying here for 9 years and stay in US legally and paying taxes etc.. can't they have better immigration procedures in place to identify legal from illegal (LIKE biometric finger printing, etc). They have this sophisticated computer information network.. if you give your SSN they can find any data they want.. about your employer, about your pay roll, your taxes etc.. then why this delay at POE to idenfity geniune people from entering US. These actions look totally racist to me. Don't you think these (US) people know how to improve this system.. they can but there is no will to do so.. Just look at priority dates how they swing +5 years to -5 years every year (2000 to 2005). It looks like someone just picks any year between 2000 to 2005 based on his mood. Can't this developed country have a software system to predict visa number availability or to predict how the dates should advance and by how much... this is want really sucks.. this so called developed country doesn't have a system in place for immigration issues.. Just look at the people who got their green cards who's priority dates were 2006 and people from 2002 or 2003 are still waiting.. how can their system (software) allow people with older dates to wait while someone with PD 2006 get their GC.. Things can be better managed and controlled with total transperancy but there is no WILL to do so.. i am not sure if IV can play any role in pushing some reforms to have a better system in place. There was another thread discussing about IO officers visting to employee office to find geniune applications and for more details.. this is simple waste of money and resources with SSN can give you almost 90% of the details.... overall the frustration is about the System and not about SRK or APJ.

    While proponents would mask this whole backlog issue as something purposefully done by the "system" I don't buy it. It is a proven disaster.

    As far as the software goes clearly their programmers suck. They sure could use some help from the more efficient H1B's.



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  • waiting4gc
    02-13 02:30 PM
    Couldn't agree with you more.

    What ever gave you the idea that EB ROW only wait for 3 years? There's this common misconception flying around here that somehow ROW just cruises by and we get GC handed to us on a platter when in fact up until yesterday EB-3 ROW was just as retrogressed as any other category not to mention that labor (pre PERM) and name check delays affected ROW just as much as everyone else. For instance, my brother, who is EB3-ROW with a PD of Dec 2002... and has been in the US since early 2000 and is still waiting in line...so do the math.

    We're all in this crap together, some worse than others... so let's stop with this ROW Vs India & China nonsense. Country quotas are unfair and frankly the entire GC process is unfair and unpredictable... We should aim for solutions that solve this issue in a comprehensive way, not by dividing us even further.





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  • snathan
    01-17 10:18 AM
    Even if it is ok to fight how much resource IV have it to fight multiple issues. Resource means not just money but also time, manpower and effort. Most of the issues can be resolved if EB reform is done as people need not renew H1b as most can get GC within 3 years. Law clearly tells that there should be valid job position for H1b at the time of filing. For consulting bodyshoppers will bring persons here and search for job. That is clearly violation of law.
    But certainly it can be requested to USCIS to change if geneunie persons are impacted. If memorendum is violation of law then USCIS will face lawsuit and you can also do that

    Can you just shut up and get lost....which law is saying that. give us the reference.





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  • Kushal
    07-27 02:10 PM
    Check this. And stop misguiding people

    MurthyDotCom : Home-Based Businesses : Inadvertent Unauthorized Employment (http://murthy.com/news/n_hombus.html)

    Nobody is misguiding anyone. Talk to your lawyer and find out. Amway doesn't offer you employment.
    What you get is 1099-MISC the same you get for your stocks and investments. Talk to your lawyer and find out.





    mbawa2574
    02-15 06:49 PM
    No. I can't understand fairshot and equality when major bodyshops from a certain nationality flood the market here with people from that certain nationality, u keep ignoring that and coming back to the stupid suggestion that it's only because u have more talent
    suit urself, anyone who argues with you reasonably, tell them they are wrong and make assumptions about their motives and insult and alienate more members of your organization
    good luck

    Reality is that you don't want to see Indians and Chinese around you. I am sure IV does not need people like you. IV does not promote nationality and we are against all the bad pracitices of the body shoppers but we don't want someone to label Indians and Chinese in this country product of bodyshopping immigration.
    Most of the population are well educated , skilled professionals and labelling them that they are flooding the market is insulting. If you think that you don't have marketable skills and is difficult for you to play due to Indians and Chinese, please feel free not to come back to this website. There are many Anti-Chinese and Anti-India blogs for your agenda. I am not sure whose side you are on and who has planted you here.





    snathan
    08-16 11:28 AM
    I never worship any actor. But now I dont even have any respect for this stupid SRK. If he doesnt like to step on american soil again, I am very glad. This moron thinks american economy will plunge into recession again if he is not coming to america. Atleast salman kahn makes some sensible comment.