Prince William of Wales

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thomachan7201-13 09:39 PMDo you think with a cordinated effort on part of the IV members that we could/should write a well drafted letter to the USCIS to not target H1b worker for the cause of unemployment. Highlighting the various well researched articles that clearly say that H1b creates/retains jobs and the more they target H1b the more employment is affected. The real problem is outsourcing.
I am just trying to put a thought out into the forum. Let us see what the IV leaders say. Somebody said that AILA was working to halt this process maybe we should write to them and extend our support first??



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Jungle_Cat02-14 02:37 PM$25 for intial consultation....If there is a solid ground to go forward,am there for this movement.



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villamonte610002-18 02:13 PMDid you ask you lawyer? It's so much easier to criticize.
My immigration lawyer laughed when I asked about a possibility of filing WOM to force action on my stalled I-485. So I proceeded myself. Yes, I did many mistakes but I ultimately prevailed. AILF lawyer and Assistant US Attorney could not believe that an ordinary programmer can write quality legal briefs and challenge the government. Some of my friends did not bother with WOM and are still waiting while others followed and received green cards. If you think outside of the box, you can achieve something others could not.

Congratulations!!! I think you really did a great job.

But what we are discussing here is class action.



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anai06-16 11:47 AMThere's two themes in this thread that are interesting.

1. A couple of members advanced the argument that retrogression is good since it weeds out the supposedly undeserving. Here's a startling quote:

...In summary, this retrogression is good in a way....

2. The question of luck.

I would like to share our story, because it touches on both these themes: I have two US graduate degrees; so does my wife. We've paid over 100K in federal income taxes in each of the past several years and I'm now a partner at my firm; the idea that folks are stuck in retrogression because they are undereducated low-cost workers is not realistic. And there are many cases similar to ours (some of which I read about on IV). We are stuck in retrogression because we have no answer to the country-quota bottleneck.

So, sure, retreogression may provide perverse pleasure to a select few greencard holders, but the inconvenience that retrogression causes most of us does not serve a greater Darwinian good.

What of luck? While luck has put us in retrogression, it has favored us in many ways --- we have a great family, a lovely home, and a bunch of good friends. I am sure all of us have seen similar plus sides of luck. But luck is stubborn when it comes to the greencard: when the window opened up last year, many folks with PD 2006 were approved, while many like us with older PD were left waiting. Luck is a strange animal -- it lets you see the map of the world in your handheld, but won't let you travel freely because of retrogression.

There's this story about luck and how one can get around it in some cases. It is not very relevant here, but here's the story: A wise man came to a village and observed a family living in great poverty. All the family had was a cow and a sack of grain. They would work very hard, but their net worth never rose beyond the "cow + sack of grain" level. The wise man, being wise, figured out what's going on. He asked the family to give away the cow and have a party with whatever grain they had. The family initially thought this advice was daft, but eventually complied out of respect for the wise man. The night after they had squandered everything, Brahma could be seen quietly bringing the family another cow and a sack of grain. What the wise man had figured out was that this level of net worth was preordained for that family -- whether they work hard or party. Not a great story to tell your kids to teach them about hard work; but provides an alternate perspective when you're stuck in line.

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GCA10-29 01:03 PMGiving GC's for buying home seems toomuch biased and benefits only a subset of EB, and totally shifts the basis of the EB category.

On the other hand, if their visas can be exempted from the visa numbers(annual quota), but still tied to the visa dates being current for their priority dates, this will benefit the entire community and law makers can justify the approach without stiff oppositions, if any. To me this feels lot more reasonable and everyone(EB applicants) will evenly benefit from this.

Almost 20-30% of the Eb appl. from 2001-2005 should be already in a position to buy or bought a home. That should help dates move faster for older dates.

Just a thought. But this alone will NOT resolve all our issues and backlogs. Just speedsup the date movement in a steadily manner.



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newbee707-04 07:45 AMUnder the section "Why does it hurt?

Lawyers who charged upwards of $2000 for filing will not refund the service fee, so candidates have to pay again when dates become current in future.

The biggest loss is the trust, coz, next time people will not believe these mid month bulletins at all as they can come around anytime and revise the dates. So, applicants will always have to live in fear untill they receive the receipt.
Macacca,

Fantastic job!

Can you please add to why does it hurt:

Many had to take MMR vaccine and hence postpone their plans to have kids by 3-6 months as recommended by NIH.

For "Spouse can work" we might want to word it such that it just does not look like one job less for Americans. Something like spouse can excersise the freedom to get out of the house and contribute to the emarican economy.

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suresh7304-20 10:12 AMI am working for Company A and company B wanted to provide me with pre-approved labor of EB2 category with priority date in July 2002. The Company B's pre-approved EB2 labor was for a Master degree with salary of 80K. I have only bachelor Degree but with more than 8 years of experience in IT. My I-140 has been approved with the present employer company A but it is EB3.

Is there any possibility to take advantage of the company B's pre-approved EB2 labor certificate considering more than 5 years of experience as a qualification though it requires a Master degree.

Thank you.



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Pineapple12-14 02:27 PMNope. UK and Pakistan would then join the club of India & China. ROW is an artificial construct. The reason USCIS posts priority dates for India, China, Mexico and Philippines separately is that applicants from these countries are typically, and especially over subscribed. ROW countries are just countries which are not typically over subscribed in the EB category.

O.K. Forget for a moment about IN,China,MX and Philipines. Let me understand the "Quota" witihin "ROW"

Example: Britain, Pakistan.

Let's say next year tons of nationals of Britain Choose to apply under EB.
Let's say total is more than 7% of Total 1,40,000 limit.

Is that allowed?

Same question for Pakistan...

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DSLStart09-23 03:39 PM:D:D:D How do you expect them to give you a gori too?
You start looking for singles working @ uscis ;)

why not ask for citizenship if we buy 2 houses?. I will even buy that toxic debt from banks, if i get citizenship and a gori.



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old_hat05-03 02:19 AMThere is a real truth and history. thats why the whole world is crying for Ceasefire and Diplomacy!!!

http://news.bbc.co.uk/2/hi/south_asia/8022190.stm
Extract from the news
----------------------------
Ceasefire pressure
Mr Bildt told the BBC: "They have said I am not welcome at this particular period of time - they were saying that they can't handle too many people.
"There must be some sort of reason but it has to be a rather odd one."
Mr Bildt said he was recalling the Swedish ambassador in Sri Lanka for consultation, adding that Sri Lanka did "not seem to be too interested" in its relationship with Sweden at the moment.
----------------------------

dude i have said civilians in all wor/terrorism zones need to be supported. Please read my posts.

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docp06-03 06:04 PMthis article says and I quote:
"Mr. Oppenheim stated that immigrant visa applications at U.S. consulates abroad are down seven percent from FY2008. India will use all the visa numbers that are available to its nationals this fiscal year. This is due, in part, to huge increases in the usage of EB4 and EB5 categories. Applicants from India have used twice the number of visas estimated for FY2009"
now the only category indians could have used up more numbers is EB1, as that is the only category which is current. and this means that india's normal share about 9600 per year, so an extra 9600 EB1 were issued to india, which sounds improbable. this also contradicts what is said in the next paragraph about EB1 usage.
"Mr. Oppenheim expects that all EB1 visa numbers will be used before the end of FY2009. This may result in the establishment of a cutoff date for the EB1 categories for India and China, beginning in August or September 2009. Usage in the EB1 worldwide category (listed as "all chargeability areas except those listed") is also higher than expected. This may lead to imposition of a cutoff date toward the end of FY2009"
it can not have gone to EB2 because as Mr. Oppenheimer puts it
"The EB2 category worldwide is also expected to be over-subscribed and will exhaust all allocated visa numbers before the end of FY2009. To date, Mr. Oppenheim estimates that 3,200 EB2 India visa numbers have been used in FY2009. The high usage in the EB1 category has prevented the usual trickle of visas to the EB2 category"
so i dont know what he is trying to say when india has used twice the limit in 2009..i would really appreciate any input.
ALso can somebody please explain this sentence as well
"He stated that, due to the dramatic increase in employment-based filings visa cutoff dates for FY2010 will be much more limited to ensure that there will be a steady supply of visa numbers available throughout the year"
However a later report from USCIS says there is a drastic reductionin I 140 apps,
also just today AILA released that DOL is processing JULY 2008 PERM cases, so where is this demand by increased filings that Mr. Oppenheimer talking about coming from.
I am totally confused. senior members please analyze



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furiouspride07-31 02:15 AMFuriouspride's first encounter with the Amway posse!

Circa 2000: Furiouspride came to the US just like any other grad student on an Air India plane. He had $2000 safely tucked away into multiple travelers checks. The very next day that he arrived in the land of opportunities, he was whisked away to a high-profile business seminar. There were shiny Camry's, Corolla's and Accords everywhere. Any which way he saw, he saw powerful men dressed in full suits who only meant business. Awe-inspiring men who knew what they wanted. It felt like it was straight out of a Hollywood movie. Just that the actors were all Indian. "Maybe this was my calling. This is why I had arrived in America.", he thought. His 21 year-old FOB mind was clearly impressed by all the 'awesome'ness and new-found 'freeeedom' around! All of his friends were told that they would be instant millionaires if they joined this business. A business that was filled with nothing but pure awesomeness and unlimited income. Independent Business Owners in Ummrika the very second day was not a small feat after all! And all they had to do to become millionaires was pay a small fee of $100? It felt untrue. The pessimists in them said "Would this possibly work? How could it be so easy?" When they heard four more hours of tape on the way back, they were completely convinced. This was the best idea ever since sliced bread; just a little better! The math totally added up.

Fast forward four months: The Fall semester was almost over and the American dream was all blurry by now. All of the IBOs had gone bankrupt and the prospects of returning to our holy motherland seemed bigger and brighter. Those past four months had flown by in buying the best toothpastes and toilet papers ever known to mankind while we went to bed empty stomach. Oh how we wished Quixtar gave us PVs for buying lunch too. Then the time for the dreaded phone call came. The millions weren't coming, so arrangements had to be made for a few thousands at least. The $2500 American Express card obviously wasn't good enough for the Spring. Yours truly explained the situation to his old man and innocently mentioned Quixtar in passing. Hell broke loose. It was the daddy's turn to be furious; for his son had fallen trap to an MLM scheme of all things in US of A. Yours truly had brought disgrace to the family.

A few weeks later, the cashiers checks arrived. After all, our American dream was still alive, for a couple more months at least. We had all learned our lessons. It was time to chase real dreams and bring meaning to our lives. That very night, all the IBOs got together and unanimously arrived at a decision. It was time to retire!

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Aah_GC07-11 06:14 PMBud,

TN is just a modified H1B. You need to have an employer, your wife will be on a TD and worse, you gotta renew it every year across the border.



You need not give up your American Dream. Once you get your Canadian Citizenship, you can work in US indefinetly with TN visa.



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morchu06-13 11:10 AMDilip,

There are no excuses. You are closing the doors behind and trying to forget the path you came through.

Have you heard about globalization? We are not there yet, but that is inevitable. People and humanity are beyond the boundaries of countries or governments.

If a "low-cost" person can do the same job as you, and the employer is happy with the quality of the job, there is NO reason for you to cash-in more for the same job. Nobody is superior. Everybody deserves their chances, irrespective of their education or college or economic background.

I can understand similar wordings from non-thinking public who never had to face real human issues or have seen dirt of poverty. But that coming from somebody who went through the hardworking path is unbelievable.

Protectionalism comes from the mere thinking that, some deserve a better and easier life just because they happen to be "born" at some place, or because they happen to be there "earlier", and don't want to be threatened by smarter / hardworking humanity.

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lazycis02-16 08:36 AMUsing bold letters and big font ain't make it so. I agree that the situation is bad but there is not point in taking unjustifiable pity on yourself. Are you being physically stopped from moving to a different state/country/city? If not, then it is not slavery.

This the era of high-information availability, and there is enough information available on some of the employers and so called "consultants" on how they treat their employees.

Right on the money. Nobody forced us to come here and nobody prevents us from going home. Forget about slavery and discrimination. We have enough grounds for lawsuit without them.



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at047412-13 02:15 PM"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."

--You have decided to coin the country cap quota as discrimination. After you take that position, everything you said seem difficult to challenge. Yes, you are absolutely right that "rights and wrongs" are not relative when you are discriminating against someone. You are also spot on that discrimination cannot be justified because it benefits others.




"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."

--Why bother assuming opponent's position? What system I support doesn't add a jot to what we are discussing here. Depriving blacks from voting and not giving a greencard to you (inline with a bangladeshi) doesn't seem to hold any water. Let alone whites being "ok" with it, when you walk down the street with a bangladeshi, I hardly suspect if they can even identify you by your nationality.


"please think before you post"

--Let me try!!Hmmmmm!!! Nah!! IMHO, We cannot call country cap for EB categories as discrimination. Is it reflecting discrepencies in its implementation? Sure...no system works to justify its underlying intent accurately. Nevertheless, an attempt is made. Hence we call it a process. Harping against USCIS that it is plain discrimination is not going to get us anywhere. As times change, they have to change the policies to suit the prevaling circumstances as well. In the long run, if every other immigrant is a bangladeshi, I am sure they will be taken out from the diversity lottery program.

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dagabaaj07-07 11:59 AMMy wife applied for her EAD in Dec 2007. We recd the EAD in May 2008 but with incorrect A#. Our Corp lawyer advised us to return the EAD card to USCIS with a new I-765 Application and correct information on it.
1) Was this the correct course of action. Could she have used the EAD card and then sent it for correction?
2) What is the time frame for a correction on the card? Also it has been a month since we sent it back and we have not yet recd rect# or notice in response?
3) What should be our further course of action?



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longq02-13 02:17 PMFurther division is not good.

I was on record that DOS/USCIS misallocated visas in 2005. India received much more in eb3 then what they were entitled to. In fact, India, China, Mexico and Phillipines should have not gone over their 7% as a whole of the 250,000 greencards available. Because of this; dos/uscis learned their lesson and started to follow the law appropriately.

I did say that if in 2006 any country went above their limit of 7% then it would cause a lawsuit which I would be a part of. However, there would be some negative outcomes from it. UScIS/DOS behaviour could only change going forward. They could revoke the greencards issued in 2005 for people who went over the 7% limit (uscis has upto 5 years to rescind greencard if approved by mistake) but they would not get re-allocated because there is no carryover from one year to the next in the current law. Only outcome would be to change it going forward. As I've said in the past; people were spoiled at the laziness of DOS/USCIS. Retrogression and the visa allocation should have happened a long time ago.

Again wrong information by you and trying to hide background or historical information. Either USDOS/USCIS has not mismanaged the numbers in 2005. Claiming India and China was given more than they entitled to is wrong . They (DOS) did everything right till 2005. Now only they are violating. One has to study the historical issues before 1999. Before 1999, both India and China (both EB2 and EB3) were retrogressed heavily and backlogged. However ROW was current in all EB catagories. There was no retrogression in ROW. It was always current before 1999.

For example, here is March 1999 VB

All Charge-
ability Areas CHINA-
Except Those mainland
Listed born INDIA MEXICO PHILIPPINES
Employment-
Based

1st C 22JAN98 C C C

2nd C 08SEP96 08SEP97 C C

3rd C 01JAN95 08FEB96 C C



As a part of AC21 act in 2000, the unused numbers (about 100,000) were recaptured to eliminate the backlogs in EB categories. The reason was this recapture to remove retrogression in India and China, as because that was only two countries backlogged at that point.

After that ac21 law, there were additional 100,000 visas available apart from 140,000 visas every year. DOS has given 100,000 additional visas to USCIS in 2000 itself to consume it. Because of USCIS slowness/inefficiency in processing 485s between 1999 and 2004, they even did not have processed the yearly quota. Therefore the recaptured visas were remain unused for 5 years because of USCIS inefficiency. Therefore, at some point, it has to be consumed. Therefore USCIS did backlog elimination drive in 2005 (6 months processing of 485s ) to use all the recaptured visas. The original intension to remove backlogs in India and China. That was done by USCIS. USCIS can not hold that recaptured numbers for ever (by imposing 7% limit in India and China) how the future demands will be in EB3-ROW. Far example, if ROW demands 200,000 EB3 visas in year 2020, USCIS/DOS can not hold that AC21 numbers (that were recaptured in 2000) for ROW to be consumed in 2020, by imposing 7% limit. No one can anticipate future demands.

Theoretically speaking those numbers belongs (AC21 recaptured numbers came only from EB1 and EB2 pool) belongs to EB1 and EB2 category. EB3 never gave any unused numbers in previous years. Ideally speaking, those numbers should have been issued to EB2 category first to eliminate backlogs in EB2 then only to EB3 ROW. Infact, all the ac21 numbers were used to eliminate retro in EB3 only. In 2005 they issed only 44,000 EB2 compare to about 150,000 visas in EB3. This is big injustice to EB2 India and China.

Bottom line is EB3-ROW is enjoying with the expense of EB2 India and China.



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nixstor07-03 04:14 PMWrote to Jennifer Ludden at NPR who regularly reports on immigration
email addresses are first name initial followed by lastname at npr dot org, if you would like to write



AirWaterandGC05-12 08:04 AMThanks nozerd.
Also if the judge finds it unreasonable that I stayed out of CA for more than 3 years, will I be allowed to at least live in CA for the remaining duration (time remaining out of 5 years), OR I will have to leave CA immediately once the judge does not like my reasons.

Thanks again.

A 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.



gjoe02-15 07:13 AMI am going to use AC21 from March. I notified my employer (GC sponsor) about this decision during the first week of Feb. I had been working with him for close to 6 yrs but never had any problems so far.
But today he didn't pay me. I should get 3 more paychecks including this one for 15Feb and I have my vacation days which would make up for another additional 80% of a pay check. The total would run to 18k+, if I just keep quiet and let it go I will lose the money and also what I beleive in (Freedom).
If am not able to get my money from my employer I am going to file a lawsuit to recover the pay and also the legal fees from him. And also I am going to file a case against my employer and USCIS for being partners in doing this slave trade in America.
I strongly beleive that the H1B system and the EB greencard system has been setup to legally bring in high skilled workers as slaves and exploit them by taking away their freedom. We are no better than illegals, in the way we are treated by the goverment and the employers.
I will fight this case atleast to try to prove my point before I leave this place.
I am looking for some civil rights agency which can help me with the lawsuit. My fight is not for the GC, but it is for justice.