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  • dvb123
    02-15 02:46 PM
    Dvb, did you read the ruling? It denies relief and says that:

    "We therefore join the Seventh and Eleventh Circuits in concluding that, in the current circumstances, the language Congress used precludes the INS from issuing a visa pursuant to the DV Program for a given fiscal year upon the expiration of that fiscal year. See Nyaga, 323 F.3d at 914; Iddir v. INS, 301 F.3d 492, 501 (7th Cir. 2002).8
    8. Had Coraggioso sought relief prior to the expiration of the 1998 fiscal
    year, our analysis may have been different."

    So this case is not helpful to us, though it is good for us to be aware of its existence.

    I read the end and it was unfortunate. I was talking about visa number reservation where they can reserve visa numbers for us in the future years based on the previous mistake they did. The court can compel USCIS to give visa numbers but maybe not in the same year but in a period of several years where there can put the newly applied i-485's on hold.





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  • gimme_GC2006
    09-04 02:28 PM
    gimme_GC2006,

    Completely agree with you. Also, notice that, this has became a trend in all states

    UP: Mayawati
    TN: M. Karunanidhi and Jaya Lalitha
    Bihar: Laloo; Started with this guy
    AP: YSR has taken corruption to new heights with factionism, gunda giri, land grabing( We see a IMV member directly affected)

    and many more...and who is encouraging all these..corrupt Congress leaders in the Central administration.

    You forgot to add CBN, TDP etc..they are not any less..all of them are basically chauvinists





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  • jonty_11
    02-15 04:06 PM
    Guys, we have other important things at hand. Lets work on letter campaign and making ppl aware of it. There is no point in these discussions, we need to attack the problem at its core.!!!!!





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  • dilipcr
    06-12 03:05 AM
    He has not learnt his lesson. Let him figure out why he was laid off thrice.


    So you guys are saying that I was laid off thrice in 1 year because I was the rotten apple ? If this is how you guys are going to present arguments, I think I am wasting my time here.
    I am not saying ALL companies are misusing are L1s/H1bs or all L1s/H1Bs are bad. All I am saying is that the outsourcing companies have no legality in using L1 visas for bringing in low wage programmers. I am only saying that ban the outsourcing companies from flooding this country with low wage workers. If you did not know, L1 was primarily meant for intra company transfer of high skilled managers and higher level executives.

    << Originally Posted by bubba
    If you have seen any companies misuse the H1 and L1 visa, you can complain about them. Dont go screaming around that the whole H1 and L1 program is bad.

    As I said, I am not saying that the entire H1/L1 is bad. It is just the select set of companies misusing the program that are causing a bad name.

    Its because of people like you that a whole group gets a bad name due to some rotten apples. Btw, all your arguments dont seem to help the IV community.

    If IV community is a community that is organized to work for the betterment of the best and brightest of the H1B, then I would hope that my arguments hold water. if IV community is working for all immigrants, including those who are here knowingly or unknowingly based on perpetual fraud then I am at the wrong place. If this is the case, I am fairly confident that it would be tough to gain the support of the GC holders and the naturalized citizens for the initiatives encompassing this entire gamut of visa holders.
    Why are you even here on IV if your idealogy is not aligned with IV ? If you cant support us we dont need suggestions from a traitor like you

    If your responses are going to be solely based on personal attacks and name calling, I dont think your arguments would hold strength. Trust me, I am one of the regional coordinators of Kiva.org, a microfinance organization for the poor, for southern India.In addition, I have been sponsoring 7 kids' tuitions at Udavum karangal in India. I have undertaken to sponsor their education till college. Currently they are in grade six. I am a self made man and wasnt born with a silver spoon. I was badly affected by the reservation policy, read 69% reservation, in Tamil Nadu. And you guys think I am traitor. What can I say ?

    >>



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  • Kushal
    07-27 12:35 AM
    My desi neighbor told me about it recently. What are your experience with Amway Quickstar. Have you guys made money from it?

    Its like asking an anti-immigrant, what you think about legal/illegal immigration?

    I guess you would get better idea if you call up Amway corporation or FTC and find out. And not from other who spend their time flipping channels and burping beer.
    As far as I know there are people from US Army, NASA scientists, NFL players, pastors etc.....from different background are very successfully building the franchise business. No wonder they are growing $1.2 billion dollars every year since 1950.
    Of course is not for everyone; its only for people who know the power of free enterprise on which this country is built on.

    Question is whether it will work for you? Your families finances are decided by you, and not by any other people. If you do take advice from other, then you will be flipping channels and burping beer too, and it takes one big financial hit to wipe you off the slate.





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  • oguinan
    02-15 09:14 PM
    Nope. Article 1 Paragraph 3 just states that the convention does not apply in those cases. The definition of racial discrimination stands. You should read through the US response to the last review under the CERD (in 2003) and check the responses on immigration policy.

    Do you have a specific link? There are a number of immigration related documents in the 2003 session, mostly related to the southern border.

    I'm not a lawyer - but I do know that the spirit Article 1 Paragraph 2 of the document says that immigration and naturalization laws are somehow "not the same" as other laws when testing for racial discrimination. The spirit of the document is clear - otherwise why provide the second paragraph at all? I think that the case of Bhagat Singh Thind which I cited earlier clearly did show racial discrimination by any reasonable test.

    I noticed that you changed my quoted text in the previous post. I'm not sure how that fits in with the traditions and practice of the forums here - but I'd appreciate you mentioning it in the text of your post.



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  • ramus
    06-27 09:37 PM
    "However, considering the fact that the USCIS currently rejects the "Other Worker" category I-485 applications even though June 2007 Visa Bulletin show current for certain applicants because the "other worker" category quota was exhausted on June 5, 2007".

    Does anybody know if they rejected all other worker's applocation who filed in June or rejected only who filed on or after June 5, 2007...





    According to the AILA, approximately 40,000 visas remain in all employment-based categories, other than EW, for FY2007, according to its sources, and that the USCIS has far more than 40,000 adjustment applications in the backlog queue that are ready for approval, not to mention the additional numbers which will be consumed in concular immigrant visa processing. It is thus possible that the cap may reach within a short period in July, even though no one can predict it until after July 2, 2007. The USCIS at this time does not have any policy announced with reference to July 2007 I-485 filings which are filed after certain date in July when the total number is exhausted. However, considering the fact that the USCIS currently rejects the "Other Worker" category I-485 applications even though June 2007 Visa Bulletin show current for certain applicants because the "other worker" category quota was exhausted on June 5, 2007. This raises a serious concern because as we reported earlier today, the USCIS appears to be picking up the speed of processing of backlog I-485 applications in anticipation of flood of July 485 applications. The USCIS hands may be tied, should the EB visa numbers for FY 2007 is exhausted before the end of July.

    http://www.immigration-law.com/





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  • Legal_Guy_HiTech_Slave
    09-22 06:11 PM
    Hello Friends,

    I am going through a wierd situation with my GC process. Not that the EB3 PD is retrogressed but a different one. Silly it sounds. Please help me in making a right decision. Thank you in advance for your suggestions.

    EB3 category.
    PD : April 15,2003.
    Labor: approved.
    I-140: approved.
    I-485: Only registered the application,FP done. Not applied for EAD,AP and others as I was not married at the "All gates open time in 2007"

    My Wierd Situation / Issue: I was not married at the time when all categories were current in Jul/Aug 2007 and so I had only applied for myself for the application to register for 485 process (Main application), submitted my medicals, Submitted my DOB certificates and completed the 485 adjustment of status registration. I got married at the end of 2007 and got my all Finger Prints completed in December 2007. Now my wife is here on H4 and dont know if I should keep continue my 485 just to keep the file active or wait untill my PD is current (NO HOPES may be in my next life as it is EB3) and apply along with my wife. PLEASE help me with your valuable suggestions. I just want to be safe because I have been working here for 10 years on H1B visa and tired of this immigration rules and litigations.



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  • GCHope2011
    01-14 01:37 PM
    Ahh my friend willgetgc you are back and thanks for asking nicely. That is really appreciated. Ahh i see that you still have a tinge of anger but no problem. this is progress

    1. Instead of wasting time by answering here on the post, do something constructive for your own gc (whatever that may be).
    Some one has to make it clear and by that i mean explicityly clear to you all that the fact is you people are not the only ones who can write eloquontly and articulate and idea. And that your mob mentality ganging will not work anymore, There are other peoples out there and they also have idea and this is the one way to make sure all you people read what is going on becasue my friend you all are reading. This is the first step. The next step would be discussion of an idea and so one

    2. If you do not believe in IV and what it does, you are truly wasting your time. Second, which IV provision do you not believe in - visa recapture? excluding dependents from being counted? removal of country caps? which one of these hurts your prospects of getting the gc?
    None hurt my prcopect instal All are good for my prospect but my simple statement is that nothing small has passed in congress so there is no gaurentee that anything big will pass so instead of hangng on to the same old ideas (We can all can go back to them when there is mommentum on it) it is time to think about new out of box ideas

    3. Watching cspan definitely gives a person a better understanding of what is happening. No questions about it. But it is a passive exercise, as there is nothing you have done or can do or will do to change the outcome of what is happening.
    It seems that you are way behind the curve here my friend. That was written a long time agao but no matter you read it that is important. To your question yes watching CPAN is a start, i agree a passive start but a start. The next step is active participation but looks like that is something which will not be allowed to happen by all the senior members and donors of IV

    4. Let us hope that this DV bill goes somewhere - what kind of activities do you suggest we should do to prepare for it? With specific details, you may be able to persuade people.
    Ok my friend this is being asked so many times and it is painfull (Physcially) to type it again and again and so i will do it just once more and i would request all IV members donors to read about it here not ask the qeustion again and again but refer to this section which i have highlighted

    I have some plans and ideas. I am sure it would be duplicates of what you intelligent people people have already talked about and maybe implemented in full.

    Maybe, if you had started the thread with your ideas, it would have helped save the 2800 that people have taken away from you...

    Now for me to talk about my ideas (which you ask because you doubt my intentions) i would say i also doubt you guys intentions. I get abuses and specially i have MINUS 2000 points (That many people hated my idea), so for me to talk about it i need some questionable action from you guys who gave me reds because you beleive i am wrong and now want me to explain myself but you yourselves will not change you attitude or hostility

    Please, please, please share your ideas - having created the curiosity, now please do not deprive us of your ideas. Just keep them specific and actionable.





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  • mchundi
    01-23 06:04 PM
    I personally know a guy who used Nick's services. Bottomline, his 485 was rejected as Nick sold the same labor to other guys as well. As for him, spend some time on EAD and now he is back on H1. What happens to his VISA number. Returns to the pool? Which pool? Or is it lost as the VISA number was used from last year's quota.



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  • nrk
    01-14 01:57 PM
    I don't see any problem for EAD and AC21 people

    Will this rule effect on EAD and AC21 also?





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  • bestia
    02-14 01:43 PM
    Bestia,

    I am not fighting with you believe it or not - just that some things said on this forum are just downright nasty. FYI though.. the Congo WAS colonized and terrorized by the Europeans. Hear of the Belgian Congo?? I don't know about Sierra Leone though.

    "Nasty" - might be just person's opinion. We don't have right to GC, but we have right to nasty opinions. I used to live in Maryland and was so tired of being careful when using words starting with "black*", "Afro*", "slave*", etc. Everything was always tended to be interpreted as implication, that someone is inferior to someone, etc. etc. The only solution was just to keep my mouth shut. And this is in country which is so proud of "free speech".

    OK, I stand corrected, maybe not "colonized", but "settled" (still it's a wrong term - "immigrated"? Natives didn't have any immigration laws, though, so Europeans didn't brake any law). Europeans came here to build cities and live here. Congo was colonized for trading (robbing if you wish) purposes, slave trade, etc. That's the key difference.

    But we are far from ROW/India+China debate :) I'm from ROW and it's my 8th year in the US, and all these years I'm "enjoying" not having any quota.



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  • anurakt
    09-29 10:32 AM
    Does any body have information if we need H1 to be valid for 1 year before applying for PR. Mine is expiring in april 06, can i apply now. will they reject it and i have to resend when i get my extension...please responds...

    this just a fallback scenario i need to prepare.. also can people work on TN visa without a sponsor..

    I think TN visa is only for Canadian and Mexican citizens and not for Canadian Permanent Residents .....

    Can someone confirm that.... ?





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  • kumjay
    06-27 04:30 PM
    Columbus brought Rajiv Khanna and Sheela Murthy to create/interpret all the immigration rules for this new found land. When Columbus landed here, he declared all native americans as illegal premanent residents. All of them had to go through a change of status process (I-539) to become legal permament residents. Well.....native Indian did not have latestes or any pay stubs...so they had to go out of the country and re-enter to claim their legal status.....that's why they moved to South Dacota. That time South Dacota wasn't a part of USA......blah blah blah...



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  • at0474
    12-14 12:55 PM
    ......

    --Although I agree with what you said in earlier post (I had to debate with someone who thinks otherwise), I find this post in poor taste.

    Please guild your temper while expressing yourself and refrain from bursting out. Looks bad to the outsiders if they visit these forums.

    Ofcourse, humor is always welcome.





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  • tikka
    07-04 12:06 AM
    http://digg.com/politics/USCIS_Visa_scandal 49 DIGS

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

    http://digg.com/politics/U_S_Withdraws_Offer_of_60_000_Job_Based_Visas_Ange ring_Immigration_Lawyer/who - 72 DIGS



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  • senthil1
    06-11 10:50 PM
    There were many compelling reasons for recapture bill on 1999-2000. Top 3 reasons were
    1. Demand was very high and in some areas only less than 2 persons were available for 4 positions.
    2. Outsourcing was very low. There is no other way than importing foreigners. Now even if demand increases many positions are going for outsourcing.
    3.There were no AC21. So many people started leaving country after completion of 6 years H1b causing huge problems to companies and country.Companies could get recapture and AC21. Now atleast 80% of the H1b persons are willing to stay even 15 years without green card using ac21.

    Now only green card aspirants are suffering due to deley in green card not the companies or country. But country and companies are using the H1b persons by just showing green card carrot but actually not giving it.


    Dilip Dude,
    As said before by unseenguy, your case is just plain LUCK, if there was no bill during 1999-2000 to recapture and increase GC quota, you would have been still struck in BEC counting days for GC,forget Citizenship. Just because you are over qualified(or under!) than others does not make you special or get you GC faster, you just had some good KARMA, thats it...

    Anyways, your attitude of blaming others(h1/l1 etc.) for decrease in your quality of life is just plain STUPID and shows your maturity.

    I wish you are not in a managerial position, I have seen many Desi managers like you who give hard time to fellow Desi folks working under them thinking they rule the world and they are the only qualified one who knows all.

    My advice is wish good for others not bad, this will get you more good karma and maybe get your citizenship faster.. :-)





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  • Macaca
    01-28 09:22 AM
    The solution however is not to disband the entire H1b system/EB greencard system as the anti immigrants want but to modify the rules surrounding it. I think most fair minded people can agree that this is needed now.


    This is exactly what IEEE-USA (http://www.ieeeusa.org/policy/issues/H1bvisa/index.html)is asking for us. It is not good for us now, it will not be good for us later and it is not good for anyone.

    We need to educate ourselves about these issues. Ignoring them will not help. Just because we ignore it does not mean that the person voting on our bill is also ignoring it.

    Based on such issues that I learn everyday, I am not surprised our bill is not passing.





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  • samay
    07-06 12:16 PM
    Hi Forum,

    I have come to USA last year and was getting paid consistently till May31. Now, on July 2nd new employer (not a desi, but a big company) applied for transfer on premium processing. I'm continuing with my old employer, and they are marketing me, and have all such emails. Just wanted to know whether the paystub will be an issue for transfer? And how soon can I join them, and what is the risk if I join them now, before I wait for response from INS?

    Any response in this regard will be highly appreciated.

    I would suggest that you wait for another few days and since you have applied for a premium processing you should be getting a response from the USCIS soon. The USCIS requires last two pay stubs for the transfer however we have been able to obtain approvals even with a single pay stub.





    alterego
    12-07 10:38 AM
    no comments so far ? and this thread is still visible ..so I guess either people have given up or no one cares (this is weekend ..so I guess less people online).
    but I will repeat one last time ..if we cannot link housing and immigration ..then I don't see how anything else can help (can someone educate me).
    for eg if we say US is losing talent and brains are leaving ..then I don't think anyone will care especially when economy is down (many natives will be happy I guess).
    lawsuits will not help as USCIS will show that they are following law and/or they are understaffed / underfunded.
    - flower campaigns or writing to USCIS only will only help flower companies / postal department
    flower / letter campaigns help ..but we need a clear plan and lets do brainstorming or atleast show some activity !!
    ---------
    before someone jumps ..let me clarify that I am not suggesting that immigration will solve the housing problem totally ..but immigrants do constitute a very important segment of buyers.
    - we don't have to suggest increasing immigrant quota ..but only recapture and tell that these people are already in USA ..majority of them will get GC one day or the other ..this will just speed up the process so that people can settle / buy houses faster
    - I don't think u can come up with law saying if u buy house u will get GC ..focus should only be on faster GC and processing ..faster decision is helpful to US too ..as those whose cases will be denied due to law breaking etc ..will be denied sooner.
    and hence no distinction between those who are renting and those who are already owners

    Not only are immigrants an important category of buyers, but the few who took the leap of faith in this country and bought, might actually be forced to sell into a down market and exacerbate to pressure if this mess is not sorted out.
    This current inaction is a dumb policy in many ways IMHO. I hope visa recapture happens soon. If they want to slow down immigration, they ought to do it at the F1/H1b/L1 level/Labor certification. Not at the 485 stage, which is what visa recapture legislation is all about.





    nandakumar
    05-11 07:39 PM
    I never said that I'm disloyal to India or anything derogatory about India.

    My statement "shame to hold Indian passport" is to express my resentment and to protest against the polices of the govt of India towards the Sri Lankan Tamil issue. I believe in freedom of expression and I have every right to protest what I deemed to be injustice.

    I saying it again, in this country even burning of the national flag is considered a form of protest.

    I'm expressing my feelings, if you or your so called "Tamil friends" are not matured enough to understand freedom expression and genuine protesting, I don't care and i don't owe any explanation to any one. Also I don't care what judgments other make about me.


    Dude

    you are such a contradicting personality. If I take the above oath, at least I will be loyal to the country of my citizenship. somebody washed your brain with too much of what it is not in reality. You have to put your country before your race, color, ethnicity and religion. That is what I learnt as definition for citizenship. I have very good tamil friends and even showed your statement. I am glad that they just hate your personality and you are an atypical Indian tamil.



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