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sc309-23 04:16 PMDid it occur for a single moment that if some one gets out of the line, the line gets shorter? F Y I, This is NOT about me. This is about every one here. I did not dream of this situation which directly favors some one today. Simply, Not many folks knew it was going to be this bad. Folks who knew, kept quiet telling people that its NOT that bad. There is NOT going to be a single solution that benefits every one involved here. Let it be recapture, country limits or advanced degree exemption. Choice is (y)ours. We can decide to be the frogs in the well and pull the next frog down or we can work on making this pitch which can be palatable to sensible people, who understand the magnanimity of the situation


I am sorry, but ends do not justify the means. By calling people frogs in a well trying to pull down others, you are shutting down valid arguments and concerns.

If the only mentality is that if one gets out of line, the line gets shorter, there are various ways to achieve it (For example: just go on a killing spree targeting all EB applicants). We need something that is acceptable to both the politicians and the immigrants.



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qvadis12-13 05:28 PMFolks,
Since this can potentially be a great win for us, why don't we take the advice of a top constitutional attorney.


Note that it would certainly not benefit the other 60%+ from countries other than India that are also stuck in various steps (EB3, name check). So, unless you want IV to stand for IndiaVoice, you should concentrate your admirable effort on increasing the overall quota (with increased per-country quota), excluding dependents, etc.



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unitednations02-19 11:38 PMWhy is it surprsing that Skill Bill is not passing when restaurant manager is getting GC before US CS Ph D?

Now; everyone might see the extent of gaming in the system and why it is not so clear cut of the "benefits".

L-1a is an abused category. One can have a business back home; get an L-1a for one year to open an office in USA. Once they are here; after one year they can extend the L-1a for three more years if they can prove that they have opened the office and office back home is still running. In this scenario person can self petition after being on L-1a for one year. This is why L-1a has a limitation of seven years. First time you get one year to open the office then two three year extensions.

If a person comes through a companies L-1a but not to open an office but to join an existing office then they can apply at any time. Enough people try to come here on business visa and then change status to L-1a to get around the scrutiny of the consulates and then go for greencard through this route.



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akred02-13 12:36 PMI think the US government wanted it this way.


Yes. Racial exclusion and preference for European immigration has a long history in US immigration law.

http://academic.udayton.edu/race/02rights/immigr09.htm

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caydee01-15 09:44 PMThe topic is USCIS's memo. Why are fellow IVans discussing H1 versus L1 versus outsourcing. For some reason, a few people here think that all issues are caused by either big Indian companies or small desi companies. Some believe that getting rid of the consulting business model will accelerate their PR application. Wonder what is being achieved from these "lively" debates other than feeding the other side with enough ammo to decimate all of us. I still believe that our focus is immigration reform. Macaca is right about "self inflicted wound".

Hope folks here watch this masterpiece on Youtube and learn from wild buffaloes - YouTube - Battle at Kruger (http://www.youtube.com/watch?v=LU8DDYz68kM)

Nature will never cease to amaze us.

Peace!



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Ramba05-11 11:53 PMAs a person you are offended that I made comment based on what you said in one post without considering your whole lifestory. India's history is out there for everybody to see and most educated indians know pretty well what kind of a nation India is.
However, you managed to compare India with Nazi Germany. Great job. Based on 1 incident, you managed to slam a great nation like India.

---For one second hold on your patriotism for India. What kind of greatness did you find in India? Supreme court orders to share the water between TN and Karnadaka. But state of karnataka don't obey the court order. Everytime TN has to beg for water. Same is true with Kerala. Bihari, peoples can not go and work in Maharastra; It is shame that happens in same country. why Bihar to Maharastra? You can not bring the TN labors just live 2 km from kerala border to work in tea estate in Kerala where communist has strong union to protest the job taken away by other state labors. Here we are talking about restriction on H1B. It is just two examples of millions of social, economical, political problems in India.

...
But when it comes to you you want many factors considered. Why the double standard?

Then there are some wacko job politician from TN that says if Prabhakaran is hurt , they will separate from India. All they need is read back to early years of post independence India and a person named Vallabh Bhai Patel. There are still people with similar capacity in India, that will bring such wacko jobs and their supporters in control.

Remember, same goes true for the wacko jobs from Maharashtra too who say Maharashtra is for Marathi's.

-----Are you following what we are discussing? We are not talking about Maratha for Marathi or Tamilnadu for Tamils.

Don't compare 1971 Bangladesh with current day Srilanka, if you can think straight.

----May we know why one should not compare India's role in Bangladesh with SL?.

The problem with SL issue, most of the Indians consider this issue as a "Tamil" issue rather than "Indian" issue.Thats why, though severity and number of life lost in SL is much greater than bangladesh, people ask this type of question.

Flag burnig is a criminal offense in India, just FYI.

---

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sai02-06 12:46 PMI dont think there will be a change to already in pipeline cases. Lets wait and see .:)



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snathan03-27 12:19 PMHow about rajinikanth, vijaykanth, kamalhasan..........

Amitab bachan, hrithick, shah rukh..............

If Imran khan has come in to politics why not Azharuddin ?

We can keep guessing but you know who is the right guy ,

Abdul kalaam (can a president become a prime minister too again or something will limit him not to).

Or deport bobby jindal there and make him india PM so that he can release statements about US from there :D:D:D

If vijayakanth becomes PM...we dont have to worry about pak terror any more.
By talk itself this guy will kill every one...

By the way I also nominate T.Rajendar...

Why would only we suffer.

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Blessing&Lifeisbeautiful07-25 08:38 AMOLDMONK - sam_i02 - BLIB

Here is my $.02 (or maybe 200 cents)

I am here since 2001 and my family joined me in 2002. I came here at a fairly grown up age and the reason for coming here is mainly for a better life for my family. I don't make enough money to be able to send and invest in India. In fact I was sent money (more than $10K) a few times from back home.

But I do make enough money here to be able to live in a good house and have a couple of cars. In India I couldn't have dreamed of a second car (I did have a car in India) and it would have been impossible for my kids to have a car when they are 16. I know for sure I have secured the future of my kids better here in the US than what it could have been for them in India. We are educated people and we keep reading about the successes of the Ambani Borthers, Rahul Gandhi and others. Our family with average IQs and wealth can only read the news but can never have a chance to have a go and succeed like those BIG WIGS in India. Here in the US, we definitely have a chance, to become at least a millionaire before we retire. As for my kids, they could be rich at a much younger age.

My PD is Oct. 2003 EB2 India (filed everything in June 2007) and I have sustained the wait for 4 years and I am willing to take on the stress for may be one more year for my family by which time we all should have our GCs. Moving to Canada? - I would rather start my own consulting company in Canada and go there once in a while (preferably in the summer) to enjoy the weather and to take care of my business.

Sincerely - IE


You are right. A lot of us came here for a better life. And yes it is a better life. I think Canada is a good option, but it is a lot harder to uproot and move, when you are sooo settled in the US.

Thanks for sharing your story.



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pointlesswait09-23 09:50 AMthis is totally lame idea!
immigration policy is a social and an economic issue..not just economics..
They dont want too many ppl from one country ..that is the reason for 7% quota...why cant you digest that fact...
we can fight injustice if we feel we are being treated in an unfair manner..
but this carrot-and stick approach will back fire...

i know many who have bought homes even when they were on H1...
you must be really creative to link EB GC and purchasing a house!



As completely unrelated these two issues are (from a law maker's perspective) on a normal day, these are possibly those times when each of these issues can help the other.

IV has been discussing about the possibility of one for two solution (partial). The idea is to request congress to exempt EB applicants & their dependents from numerical limits of the Immigrant visas, if they buy a home. It is my belief that market sentiment is the most important thing in any financial market(s) and the housing prospects look pretty bleak. There are lot of members in the EB community that have NOT bought their own home, even though they could afford one because of the uncertainty with EB GC. IV's idea is to bridge the financial committees and judiciary committees in the House/Senate and see if corresponding Chairman/Ranking members are willing to listen. Things are moving so fast with the 700bn USD bail out plan and we will NOT have time to do things the normal way, through our counsel. We have to present this idea to the corresponding staff members of key members of congress (see list below) and see if this gets traction now or going forward.

Please do not bring EB-5 discussion/comparison here. The proposed partial solution is different from EB-5 in that EB-5 investors invest money and we are investing in our future with a genuine intention of making USA our permanent home.


If you already have a home, thats fine. Any such legislation will reduce the wait times in EB categories and we need housing markets to rebound for a safer economy before the ripple effects are felt every where.

Who to write to

Staff members(Chief of Staff, Legislative LA, Financial LA, Legislative Director) of Chairman/Ranking members of House/Senate Judiciary committee & Finance/Banking committee, Staff members of your representative and your senators. Please find staff members of the committees in the spreadsheet (http://spreadsheets.google.com/pub?key=pptN-jEpAiyd3snslhPjBfw).

You can find your representative & senator staff members on this website (http://www.outsourcecongress.org/outsource/congress/schstaffers.html).

Please use valid email addresses and NOT fictitious/junk mail. It undermines the whole purpose and our emails will be flagged by mail scanners / spam checkers as some thing similar to famous Nigeria bank account scams.


Email Subject: Proposal to alleviate current US Housing/economic crisis

Content/Message

SUMMARY

This proposal alleviates the current US economic crisis, by motivating the US high skilled, legal immigrant workers to purchase homes. The size of this immigrant population is approximately 800,000 individuals. This effort if successful would inject up to US$ 20Billion approximately into the economy (approximately US$ 100 Billion in houses sold across the country) , while at the same time directing this money into the root cause of the economic crisis � the illiquidity of the national housing market. The above calculation is done
assuming a median US home price of $212,400 and buyers making a down-payment of 20% of the cost of the home. Roughly estimating 400,000 buyers.

BACKGROUND

Undoubtedly, we are all devastated by the shake up on Wall Street in the past 15 days. Experts agree that the underpinning problem is the housing crisis caused by sub-prime mortgage loans. Many of us, who cannot afford our monthly mortgage payments are losing homes and putting them up for sale and foreclosure, which further adds to the crisis. At the same time, most of the Employment-based (EB) immigrant community would like to purchase homes and make the United States a permanent home for their families. These EB immigrants however, are living in a state of limbo, mostly in rental apartments because of the delays and uncertainties involved with the EB immigration procedure. The wait times in EB categories are exacerbated by the delays in processing by USCIS, even though eligible applicants have filed for Permanent Residency also known as Adjustment of Status. Such processing delays have resulted in the wastage of 218,000 immigrant visa numbers (Page 52 of USCIS Ombudsman Annual report 2007). The current Department of State visa bulletin shows 7+ years of wait times in certain categories. We strongly believe that legislation can be worked out in such a way that the housing markets all over the country can move towards recovery, while at the same time motivating the Green Card applicants to catalyze this recovery.

It should be noted that this proposal by no means brings more immigrant workers into the US. The workers in the EB, skilled category are already present in the US, doing skilled jobs that no US worker is available to do. They are part of the long queue of backlogged cases that USICIS will eventually process; however, this wait can take years and in that case could not be used as a tool to minimize the course of the current economic crisis.

SOLUTION

Congress can pass legislation that exempts EB green card applicants and their dependents from the numerical limits of visa numbers, provided applicant(s) have bought a home making 20% down payment on the sale price of the home, for a time period deemed necessary by the congress.


How can Employment based Immigrants help alleviate the housing problem?

(1) Employment based immigrants are highly skilled and are employed in occupations such as Software, IT, Health care, Energy, Finance, Education and Research & Development across the United States.

(2) Average income of these individuals/households is around 65,000/130,000 USD.

(3) All these Employment based immigrants have gone through Department of Labor�s recruiting process, which certifies that there is no willing, able and qualified US Citizen to do the job.

(4) Most of the Employment based immigrants have excellent credit history and good source of income to make the payments needed for their home mortgage.

(5) By requiring a 20% down payment from this group of buyers, Congress can directly channel this money to where it is need most � at the banks.

(6) Employment based green card applicants have been living in the United States for 6-8 years. Many of them have US graduate degrees in their fields of expertise. These applicants are well versed with the American culture and will not change the cultural landscape.

(7) Financial burden on US government and treasury will be reduced drastically if the glut of houses in the market decreases.


As a member of the community that wants to make the US its permanent home, I want to contribute to a solution that helps USA and US during these tough times. I sincerely believe that the 30 year commitment on mortgages by Employment based immigrants in the housing market, backed by solid, risk free mortgages can turn the down ward spiral in the housing market into a upward spiral.

END OF CONTENT

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Saralayar01-27 12:45 PMDPuranik,
You have provided a old URL link. Afterwards, the I-140 Premium is extended to all categories including labor substitution cases. Infact, Murthy website also updated that. If you are not sure, do some research on that topic and then post your views.



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sobyb05-01 06:19 PM"No politics can justify killing of innocent people...if congress and India can not get over themselves and help fellow Indians" ... "It is a shame India does not act to protect the interests of its citizens even after this news came up"

The person who opened this thread is not clear about the difference of 'Indian Citizen' and 'Indian Origin' (or Ethinic Indian). Any kind of discrimination faced by these people in their respective countries should be addressed in a non-violent manner and the current world order has its own mechanism to check such acts by majorities/minorities (atleast you get the relevant attention/care if you are not on the wrong side). Terrorism is not the solution to any discrimation ..period! and carrying out terror attacks on the supporting country (Rajiv Gandhi's killing) would only worsen the scenario.
India should work with Srilankan govt to establish democracy, peace and equality in Tamil majority areas and make sure that organizations like LTTE doesn't get the upper hand once again in those areas.

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sampath04-29 12:22 AMCan you anyone tell what the lines highlighted below in blue means ?

************************************************** ******

RIN: 1205-AB42 Agenda Cycle: 200610

Title: Labor Certification for the Permanent Employment of Aliens in the United States; Reducing the Incentives and Opportunities for Fraud and Abuse and Enhancing Program Integrity

Abstract: The Department of Labor proposed changes to reduce the incentives and opportunities for fraud and abuse related to the permanent employment of aliens in the United States. Among other key changes, the Department is eliminating the current practice of allowing the substitution of alien beneficiaries on applications and approved labor certifications. DOL proposed to further reduce the likelihood of the submission of fraudulent applications for the permanent employment of aliens in the United States by proposing a 45-day deadline for employers to file approved permanent labor certifications in support of a petition with the Department of Homeland Security. The Final Rule expressly prohibits the sale, barter, or purchase of permanent labor certifications or applications, as well as related payments. The proposed rule also addresses enforcement mechanisms to protect program integrity, including debarment with appeal rights. These amendments would apply to employers using both the Application for Alien Employment Certification (Form ETA 750) or the Application for Permanent Employment Certification (Form ETA 9089).

************************************************** *******
i got the above info from the OMB website below -

http://www.reginfo.gov/public/do/eoViewRule?ruleID=269657



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soljabhai12-14 04:39 PMFollowing text is from IV's about page

America has had per-country ceilings since decades on family based and diversity-lottery based visas and it makes sense to have uniform distribution of visas to countries where the basis for immigration is family relationship and family reunification. However, in the employment based immigration system, the petitioner is the employer who wants the retain the employee and facilitate employee retention based on skills, knowledge, education and talent. Employability has nothing to do country of birth. 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.

In other words IV itself holds the position challenging the merit of "Nationality Origin" in "Employment Based Green Cards"

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gc2826209-24 08:51 AMSent the email to everyone from the list

http://spreadsheets.google.com/pub?key=pptN-jEpAiyd3snslhPjBfw

Sent one to my anti-immigrant congressman as well.



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villamonte610012-14 01:22 PMUnfortunately, I am not a lawyer. I am a tech guy just like you. I wish I could help.

Our firm deals with corporate cases, either litigation or transactional, but not immigration. In fact, we hired an immigration lawyer to process my GC.




Are you a constitutional lawyer or maybe know someone who can help? Yes, we would appreciate knowledgeable input from experts.

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vdlrao09-15 03:19 PMVdlrao,

You are admired a lot for bringing in hope for lot of people with your EB2 prediction thread, can you jump in and throw some numbers here please if you think the numbers quoted are out of way, i understand this is time consuming but since you already did your homework last time around it should take you few minutes to come up with some realistic numbers.

Hi ocpmachine,

I dont know the exact Eb2 India labors certified for the given years. But initially I assumed that Eb2 India would be almost current or in the worst case it would cross 2006 because of the spill over. Because I assumed and hoped very high on the spill over numbers. But in reality the spill overs also didnt make a big impact in the EB2 India movement. See the previous visa bulletins you could find that Eb2 is is in the middle of 2004 in the year of 2005 itself. Since 2005 to 2007 its there in 2004 many times.




But in 2008 and 2009 EB2 India got the maximum share of the spill over visas. But still the dates are in the first month of 2005. So hardly EB2 India moved forward about 6 months to 9 months in the duration of 2008 and 2009 with the help of spill overs. That too in this bad economy where there would be comparatively less labors applied than the previous years.

So I am expecting a steady and consistent forward movement of EB2 India but not a quick jumps of couple of years in single bulletin.
I hope it makes clear to everybody. And all we need is an EB immigration reform.



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garybanz12-14 05:18 PM--What you said sounds very interesting. But it got me thinking, what if the merit is equally distributed by the country of origin and there is a limit to the opportunities this country can provide?


Let us say there are 140,000 EB visas given every year. Based on pure merit and sans any regard to nationality. Don't you think it could potentially lead to more visas being consumed by one country?

What if this country wants to ensure diversity to its social fabric?? How do they go about doing that?

For diversity this country has diversity lottery visa this is for the society to have people of different countries/ languages/ foods/ dresses/ colors etc
, EB visa is for the economy to get the talent it needs to be competitive in this world. There is a huge difference.



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samay07-15 01:34 PMMy son recently finished his high school and wanted to do Dental degree in India. My current situation is I have applied for adjustment of status in July 2007. Me and my family got the EAD and AP. My priority date is Eb3-November 2005. WIth this mess, I am not sure when I will get my green card.
My question is:
Can I send my son to India for his studies when the adjustment of status is pending. Will it be considered as abondaned if he is out of US when the adjustment of status is in progress?.
Is there any specific forms for this type of situation so that he can go for studies in India and continue the adjustment of status.

Hello,

If your son has a AP then he can go study in India so long as he comes back every year and renews his AP. If he continues to do this his status will not be considered abandoned.



sledge_hammer01-14 02:23 PMWhat these guys are really trying to achieve is bring back the good old days of high billing rates. I guess they see that the desi consulting company is responsible for driving down the quality as well as rates and salaries. The memo gives examples that would make it ok for large consulting companies like Accenture, Infy, PWC, etc, but not ok to be a *tech or *soft desi consulting company.



kuhelica200002-13 12:02 PMThat is absolutely not true. Unused visas from under subscribed countries are made available to over subscribed countries.


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