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  • BharatPremi
    07-26 04:09 PM
    I don't think there is any need to love any country, its just a place like any other. Within no time India has been divided into 3 countries (4 if you count Kashmir). The only important thing is to quickly migrate to the place you like most, everything else is a waste of time.

    Let me challenge you on the basis of what you wrote here.

    1) You wrote: The only important thing is to quickly migrate to the place you
    like most, everything else is a waste of time.

    Good Enough. No argument.

    2) You wrote: I don't think there is any need to love any country, its just a
    place like any other.

    Here I may not have a problem but Americans will surely have problem.
    They want such people from outside countries who are ready to be loyal
    to USA and ready to love USA as their future country.

    Upon identifying your IP Address and then Physical Address USA can ceratinly decide not to consider you as a candidate of Permanent Residency as you are challenging the base of this constitutional requirement for making you a permanent resident. :D What will you do then if USA gives you thumbs down?:rolleyes: :(





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  • Aah_GC
    08-15 10:03 PM
    The system is working very well the way it was designed. As some one already pointed out blame it on osama bin laden. Not on the DHS

    Alrite bud, you win I lose. Most Americans still think Legal immigration is a rose-garden that needs to be revamped to their benefit. You do have a point about what-needs-to-be-done-should-be-done but that turns the very foundational principles of this country upside down.
    POE experience is rotting with time, most Indians with H1B don't walk that alley anymore fearing deportation and there is more to come with this attitude.





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  • alisa
    02-12 08:26 PM
    Thats the million dollar question right now.

    Everything that people have said here suggests that EB3-ROW should be leaping forward.

    It had been moving forward at the rate of 2 months / month (in one month, the date would move ahead by two months.) Then it slowed down to a month/month. And then in December, it just stopped.

    The black hole called USCIS, from which no data can escape, says there is high demand of visa numbers even in the EB-3 ROW.
    Maybe all this demand is coming from those other black holes, the backlog elimination centers.

    After reading through the forums, I understand the EB3-World needs to become current for any others to move forward.

    But now I notice that EB3-World itself has stopped moving after jumping for some months. Any reasons? (The 245i is already cleared and now it is in Aug 02)

    Is there any other 245is preventing it????





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  • snathan
    08-16 12:24 AM
    Poverty is the reality of our subcontinent, the reason Kasab took arms was out of ignorance not due to deliberate fundamentalism, even if latter were true, it is all desperation. The thousands of hungry dying people you point out might just take up arms if they had a choice to beat poverty.
    How bright were we when we were 20 year olds? I am in no way supporting Kasab, he will meet his end eventually. But we need to open our minds to the root causes of terrorism, when we do that we have an opportunity to leave our children with a better world. Cutting someone into pieces won't fetch you much, that is no different from Taliban's approach of stoning infidel women, singers and anti-shariats.

    It doesnt mean that we need to take arathy for Kasab. He needs to meet his end soon. Poverty used to be a cause for terrorism once up on a time. I dont think people are starving in Saudi Arabia. I dont think Absal Guru was dying for good. But still was commiting terror against innocent people.



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  • logiclife
    05-10 04:13 PM
    There is a lot of debate going on here, about how Canada and Australia have a better immigration system because they are points-based self-petition systems compared to employer-petition system here in US.

    I believe the employer-petition system is still the best system to implement for immigration. Its complicated, long and provides breeding ground for exploitation. But that is the ONLY way to ensure that the workforce is not oversupplied with labor and the immigrants who can gather points actually have the ability to get jobs.(look at Canada where Ph.Ds who aced the points sytem are inept in real world and drive taxicabs and blame the Canadian Government).

    If I score 100 points out of required 50 or 60 points for Canada, its all meaningless if I am inept and cannot get a job. However, I would contribute to my own well-being and to the workforce and economy if I can find a job and an employer willing to petition, even if I score 25 points out of required 50 or 60.

    US has the best immigration system and I believe the employer petition is the best method for adjudication. However, it has its problems in terms of delays due to bureaucratic inefficiencies and inadequate annual quotas. If Australia, France, Germany are going to adopt the Canadian model of points-based system, its not goint to help them or the ones who go there.





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  • PlainSpeak
    01-13 01:21 PM
    Few questions for the self proclaimed expert analyst who started this thread -
    1) How many lawmakers have you met to represent these provisions you claim to be so passionate about?
    2) Have you visited capitol hill and tried to understand what the congress thinks about EB legislation? I did - during the IV advocacy event last year with hundreds of eb2 and eb3 members.
    3) How many members here have you actually worked worked with? Because the people I know here who actually do the grass root work with me (both eb2 and eb3) do not care about theb category they belong to.

    I know you do not have any real responses...only abuses which you responded with on the other thread.
    Its funny how plainspeak is the one usually doling out the abuses but claims to be the victim.
    Few questions for the self proclaimed expert analyst who started this thread -
    1) How many lawmakers have you met to represent these provisions you claim to be so passionate about?
    2) Have you visited capitol hill and tried to understand what the congress thinks about EB legislation? I did - during the IV advocacy event last year with hundreds of eb2 and eb3 members.
    3) How many members here have you actually worked worked with? Because the people I know here who actually do the grass root work with me (both eb2 and eb3) do not care about theb category they belong to.

    I know you do not have any real responses...only abuses which you responded with on the other thread.
    Its funny how plainspeak is the one usually doling out the abuses but claims to be the victim.
    Ahhh my friend forever_waiting, how are you. It is good to see your reply to the post. Will be do this the civilized way or the old way??

    In direct response to your post

    First i am not a expert nor an analyst musch less a self proclaimed expert analyst. Take that as a given and we can procced further

    1) How many lawmakers have you met to represent these provisions you claim to be so passionate about?
    None because i do not believe in supporting, representing or furthering the agenda of an organization which has loop holes in it and is determental to my case

    2) Have you visited capitol hill and tried to understand what the congress thinks about EB legislation?
    I did - during the IV advocacy event last year with hundreds of eb2 and eb3 members.
    No i have not. Why do i need to visit capitol hill and view in person what congress thinks about EB legislation when i can do the same by watching CSPAN(I am a regular watcher expecially when there is something immigrant related going on. All a process of expanding my knowlesge of immigration or do you think i got up yesterday morning and decided that i want to fight with IV. If you did then i am sorry i gave you more credit then that. And please do not start a new thread about how lazy i am and how i want others to work for me and how i just want the benefit without effort. That would be old and stale. If there is something to be done in which i believe i will be the first to jump in and volunteer


    3) How many members here have you actually worked worked with? Because the people I know here who actually do the grass root work with me (both eb2 and eb3) do not care about theb category they belong to.
    YES and i never said you are not fair. I know EB2 and EB23 owkr toghether in IV. My efforts of meeting people have been made outside the scope of what you and others do. I am being modest when i say this but i was the first person in my company to make generate awareness about what IV did and how it is helping immigrants like us and encouraged them to visit the website and read about what IV is all about. This is about 75 to 100 indains (EB2 and EB3) in an organization of size 500 during teh time period 2006 to 2007. Now most of them were EB2 so they got their green card and i am sure are no longer on the IV forum anymore. I am sure those who are still on IV forum are EB3 like me. How much they parrticipate, it is hard to tell. Maybe they were smarter than me and got dissalusioned with IV way before i did. They might be porting or they might not be for all i know
    Besides that i am pretty much regular on Murthy where i have provided advise or tried to help people with information whne i could (O f course all of this was H1B/ Visit Visa stuff). Even today on IV forum i am trying my level best to help peopl ewith information related to AOS/EAD/140/485 etc
    I am sorry because what i did till now is nowhere near what you and other IV volunteers are doing but i do what i can when i can.

    My friend forever_waiting, I hope i answered everything to your satisfaction

    As to the below
    I know you do not have any real responses...only abuses which you responded with on the other thread. Its funny how plainspeak is the one usually doling out the abuses but claims to be the victim. I am sorry i am done trying to explain it to you all over again. May god grant you wisdom



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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"





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  • logiclife
    02-15 07:03 PM
    A couple of points. Firstly it's usually a good idea when quoting wikipedia to include the primary reference that the quote or opinion is based on. A contentious issue like immigration reform produces lots of opinion but not all of it is based on fact. Secondly, there are shocking racial elements in the history of immigration laws in the US. Perhaps it's not that shocking when one considers the racial history of the country. Many people will be familiar with the supreme court case 1923 of Bhagat Singh Thind, a Sikh man who fought for the US in World War I. http://en.wikipedia.org/wiki/United_States_v._Bhagat_Singh_Thind
    The immigration laws at the time said that only Caucasians could become US citizens. The framers of the law assumed that Caucasian meant "white" while Singh Thind relied on science to prove that people of South Asian origin were also Caucasian. He lost the case with one judge stating "the average man knows perfectly well that there are unmistakable and profound differences".

    My point is that the immigration laws of the United States were racist until the 1952 INA act. They specifically placed quotas on people based on the color of their skin. Today's restrictions, while bizarre, unreasonable and unfair in many ways, cannot be defined as racist.

    In 1917, this Sikh man, for immigration, went to the Supreme court to fight his battle.

    And today, some of our members, when they call us, block their caller ID. God knows what they are afraid of. But certainly not the kind of person who would go as far as Thind went.

    If Thind had been fighting today for USA in Iraq, he would have gotten greencard and citizenship. If he made it alive back. There is a program where non-citizens can enlist in the millitary and become citizens.



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  • nc14
    07-03 10:44 PM
    GO IV GO!!

    http://digg.com/politics/Rep_Lofgren_Issues_Statement_on_Updated_Visa_Bulle tin

    please DIGG

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  • chi_shark
    10-28 03:10 PM
    when i do that, it just says I have a splendid aura or some shit like that.
    Use the tooltip.

    Hover the mouse over the red dot and see the comment pop-up as a tool-tip.



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  • jayleno
    07-22 12:07 PM
    Dont you think you took it too far? I dont think you make much sense. There it is, since you asked for my opinion.
    Smile - I can prove this is a relevant topic ..how..

    Some of these jokers (Quikstar..Amway) have filed GC in EB2 and Eb3 which is illegal, someday states Like Arizona will declare that anyone looking like us should be checked for Amway membership and deported

    Profiling is an issue and because of some jokers we all may have to go thru scrutiny.

    We should ask USCIS to check all GC applicants name in Amway database and if found USCIS needs to send them to Mexico (because illegal)..

    We should write to senators... your opinion on this? ( this way Indiancommunity can be clean and fight for legal hardworking people in immigration policy)





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  • sundevil
    05-29 02:48 PM
    I agree with your ultimate conclusion that we need legislative changes, but I am with complaining about fraudulent EB1 apps. Every fraud starts off small. Even this applying H1B without a job and then sit on the bench for a few months and find a job was started as a few thousand at one time. Now it is a fraud monster, we have learnt to live with.
    I for one believe changing EB3 to EB2 is not even in the same ballpark as EB1 fraud, most people in EB3 are deserving or will become deserving EB2 while waiting. But EB1 fraud is straight up that, FRAUD, even labor sub takes a distant second to that.

    :) he did say hope is on the way...but forgot to say which way or he was try to say what would hope's tombstone read...

    Here lies HOPE...it was IN the WAY :rolleyes:

    to the others who are bitching and moaning about EB1's, a few months back we were worried about the EB3 converting to EB2..before that we were worried that EB3's were getting more visas than EB2's and so on.....we will keep fighting about the handfull of misallocated visas or work towards recapture. The most important thing from Murthy's letter is that USCIS has started preadjudicating 485 which simply means that there are ton of people stuck in this mess who are waiting to be approved... a handful of visas is nothing...lets all unite and work towards recapture.



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  • unitednations
    02-13 03:57 PM
    Out of those 400K ....200K happen to be India/China...

    Today's projection for me EB3/India is 7-10 years to get GC....
    with a higher number this would come doen to 2 years ( would it ???)..That is the whole game...EB3 India might not become current but at least EB3 ROW would be current and then the spillover would make EB3 India picture much better....

    Also AC21 allows the spillover to happen quarterly rather than annully...not in the fourth quarter..( Please correct me if I am wrong..)

    Reference
    http://www.fourmilab.ch/uscode/8usc/www/t8-12-II-I-1152.html#_a_
    Look at a(3)

    (3) Exception if additional visas available
    If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a) and (b) of section 1153 of this title for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during the remainder of such calendar quarter.

    This is why I mean USCIS/DOS was lazy. If there is total visas for the year (hypothetical 160,000). then only 40,000 are available by quarter. If there is 50,000 applications in the que then there is retrogression. Remember if there is more demand then what can be approved by quarter then retrogression.

    So what this means is that if there is 400,000 approved I-140's but only 300,000 greencards then 7% limit would apply because there are more people in the que then what can be approved by quarter. Therefore, ROW people would still be able to file throughout the year and then whatever is left in the fourth quarter that ROW hasn't used then it would spillover. Therefore, it would still give ROW people to continue filing and taking the visas while the 7% countires have to sit and wait for breadcrumbs until the fourth quarter.





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  • BharatPremi
    12-13 10:29 PM
    It is surprising to me that some, so called high skilled, folks can be so blinded by their desire to get the green card that they are unable to see right from wrong.

    Never mind the pain of those affected by this inequitable system, or if this is technically legal, or whether it can be challenged in court. Think about what you are condoning � an unjust government policy that presumably works for you, now. By advocating an unfair policy today, in the long run you are undermining your own position as an immigrant in this country.

    You seem to be crying out loud - �I am a high skilled foreigner, but I am different, different from them! Look, look at my color, texture, please look at my passport. Oh no fuck that, please look at my place of birth. Skills? Yes we all have them, but let�s not get distracted. I am different - will you please look at my birth certificate, please?�

    Oh I hear ya. But all said and done, you will still be a foreigner to the average Joe on the street, even after you get your green card or naturalization papers. And if things go south, then those unethical policy makers, whom you give a pass today, will find a way to get you � and yes, that birth certificate will come handy. It is important to be united, and stay united.

    To say that the United States has the right to make any law with respect to immigration doesn�t make an unjust law right. Presumably you are well educated and can understand this. And speaking of education � was it your degree or birth certificate that you took to your job interview that set this process in motion? It is counter intuitive to have such a provision where, to begin with, it is your skills that enabled you to get in line.

    Apart from the resounding racial undertone, this policy is also harmful for the society at large. It encourages people to be conscious about their origins, be aware of their differences and the whole idea of America being a melting pot just goes down the toilet.

    I understand it is difficult for some to fight this unfair system, because first you may have to fight and win against your basic instincts. It is hard for us, but this attitude may make things harder for you in the future.

    Lets stay united and open minded, and fight for a fair system.

    Welcome to the board... we are just analyzing which way to fight is better. Mark is saying lobbying is the only way, some other say exploring to challenge in court worth a try...some say not worth it-forget it. Have your opinion pitch in please.:)



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  • kondur_007
    07-23 03:15 PM
    Thanks !! I had a quick question ..the rules for the spillover, is that a law or does that depend on USCIS or DOS ?
    In other words can they change the rules for spillover once again ..say next year ?

    Hmmm...that's the question everyone is asking and I tried to read the actual law on this. I am not a lawyer, but what I can interpret is this: The law does not say anything about the "primary handle". In other words, if there is a spill over, should it be confined to the categories or to the countries... (which is a 'stronger' limit: per country or the category?) and this issue is not addressed specifically and that's why DOS has decided to interprete it differently now....
    So in short, you are right: it is purely an interpretation from someone in DOS and it may change

    I still feel there is small hope for EB3-ww and maybe even EB3-I ...majority of the EB2 cases were filed during july fiasco ..what if they have not been processed yet ? i.e. they will keep moving the dates fwd till it becomes current (if that still does not use up the visas) ..then they would move EB3-ww dates fwd ..once again this is wishing and dreaming :)

    That is actually a wishful thinking, and eventhough a long shot, it is possible with USCIS (anything is possible with them:p)

    But remember, if they use up this year's numbers by sept, they will retrogress everything again till the end of next fiscal year and that buys them another year to process those applications (without the worry of dealing with any new 485s due to retrogression)

    They will think several hundred times before making EB2 current, because that will mean a new round of applications (everyone with PDs in 2006 have filed their 485 already any way, and so current advancing of the dates was a calculated move not to allow any new filing).

    But as I said above, anything is possible with USCIS:p

    Good Luck to all of us...





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  • Bpositive
    05-17 05:51 PM
    Best of luck...sri lankan sinhalese and sri lankan tamils...I hope you can accept each other's perspectives and move away from extreme positions.sri lanka is such a beautiful country. i hope i can visit again and explore the northern areas..here's wishing peace with dignity (not subjugation) for all.



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  • mirage
    03-28 08:42 AM
    Remove 'Bahenji' ? If LK Advani or Manmohan Singh don't get enough seats we may see Behanji at the Helm...She looks to win most number of seats in the 3rd front, which makes her the front runner for PM candidate in the 3rd front. If 3rd front gets a good number of seats they may get support of opportunist parties like BJD who are not telling who they stand with. remove Atalaji...add Bahenji.





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  • grupak
    12-14 01:07 PM
    villamonte6100 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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  • morchu
    06-01 12:45 PM
    In a way the whole process have no logic.

    to list a few......

    Companies recruiting for a "permanent job" 10+ years in future !!!
    DOL making sure that this 10+ years future job doesn't replace any US citizen !!!
    DOL making sure that the salary is good for this "10+ years future job", using the current data.
    Ohh... and expecting the person to remain in the same/similar job and not receive much hier salary even after 15 years.
    DOS making sure "ethnic mix" by a "country based limit", so if "India" is divided into 100 different small nations, everyone of them will get GC really fast (even though they are all in same ethnic).


    These Employment verification letter RFE and same and semilar job requirement were not framed assuming it takes a person from India 10+ years to get a green card. There were framed assuming it takles 2 to 3 years to get a green card.





    praveenuppaluri
    09-03 11:27 AM
    I am not a congress supporter and I am definitely not a YSR fan. He was a very powerful man in AP and look at the way he died.. horrible death. it sure is very sad that 5 people died that way. may their souls rest in peace.





    ryan
    08-17 08:38 PM
    True greatness is shown by humility, not pride.

    Al Gore, Kalam, etc are great personalities.
    SRK nah!!

    Thousands of South Asians have gone through same treatment.
    Growup SRK, don't be such a baby :D.

    I have never watched his movies, and i got one more reason not to watch "My name is Khan".

    Nicely said mate. I cannot believe the kind of people who're on this forum. Some love to beat you up with all those reds for honest thoughts on someone quite insignificant, like an SRK. He is a guy who gives a hoot and remain oblivious to your dilemma or your struggles and in all probability used the alleged incident at EWR as a Public relations stunt for his new movie. Goes to show some of you truly have no self esteem in yourself. Unfortunate.



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