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snathan08-16 11:35 AMsimply racial profiling.

i dont think SRK is over reacting.. many desis who are accepting that its a way of life suffer from "Slave Mentality".

When was the last time.. a US diplomat or US socialite was frisked and detained for 2 hrs in indian airports?

To all the jocks who argue "its part of life"..my advise grow some balls and realize one thing.. no matter how long u live here.. no matter whether u have GC or PC...u will always be treated like third class citizens.

In the end its the color.. do you know beta.

for the record.i am no SRK fan.

Mamooty.. who is he?


Is it their miskate... Indian politician and police are so corrupt and do not have balls to do that.

No one cares Mammoty...but he is muslim and when he was frisked no one was erupting. Why only for SRK...? Doesnt it show the real picture...? When going for stamping how many hours people are wiating in line. If he is waiting for 2 hours in line whats the big deal. He is not Abdul Kalam to be supported. He was a noble person and Former Head of State. He himself is going through the security check that too in india. He did not even speak a word about that issue. But this moron SRK saying 'Doesnt feel like steping on american soil again'. I bet $10000 if he is not steping on american soil again.



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gcfriend6506-28 10:00 AMSo, are you saying that USCIS uses quarterly quota versus monthly quota. According to an earlier post:
Hi Macaca;

This is taken from the July 2000 VB:

HOW THE SYSTEM OPERATES
At the beginning of each month, the Visa Office receives a report from each immigrant visa processing post listing totals of documentarily qualified immigrant visa applicants in categories subject to numerical limitation.
Cases are grouped by foreign state chargeability/preference/priority date. No names are reported. During the first week of each month, this documentarily qualified demand is tabulated.
VO subdivides the annual preference and foreign state limitations which are specified by the Immigration and Nationality Act (INA) into twelve monthly allotments. The totals of documentarily qualified applicants reported to VO, and the expected INS demand for numbers, are compared each month with the numbers available for the next regular allotment. This allows for the determination of the monthly cut-off dates, and the allotment of numbers for reported applicants who have priority dates within the newly established cut-off dates.If there are sufficient numbers in a particular category to satisfy all reported documentarily qualified demand, the category is considered "current."

From this it is very clear that the number of Visas available for the rest of the FY 07 is enough to accept as many applications as can be approved in those 3 months(July, Aug and Sep).



I think the 40,000 number is the wastage predicted by the ombudsman at the prior rate of approval that was prevalent earlier in the year. This probably implies that CIS would have used about 100,000 numbers at it's prior rate or about 25000 per quarter. This in turn would imply that CIS would have roughly 40000 (predicted wastage) + 25000 (last quarter's numbers that might have been used had CIS continued at it's earlier pace) = approx 65000 available starting June 1. I highly doubt if this could be used in just a month or two.

But all said and done, whatever the real number of visas that's available I feel it's in everybody's best interest to just apply at the earliest they possibly could.



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sachug2209-24 05:50 PM/\ my answers

Ans: These numbers are meant for "Assigning Visa numbers to applications" BUT " not to grant Visa / approve 485 / Order Physical Green card"

Ans: These numbers are meant for "grant Visa / approve 485 / Order Physical Green card" BUT " not to Assign Visa numbers to applications"

Ans: this concept 0.07X 0.286 - It is a false concept.



How is assigning Visa number different from issuing Physical green card (they may be two step but once you get a visa number assigned you get physical green card in few days)

Can you prove that the concept is false, this is plain interpretation of visa bulletin notes and the law.



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dhirajs9808-28 09:00 AMOur frustration with the US legal immigration and retrogression seems endless. My wife and I are considering immigration prospects to Canada. Can somebody please suggest good responsive lawfirms that could handle a Canadian PR application? We would also appreciate some insight on Canadian immigration prospects for physicians. Thanks


I did on my own. Its a time taking process but you can do it on your own. But if you can spend couple of thousand dollars for convenience then there are alot of law firms availble on internet. Just type in canada immigration lawfirm. You will find what you need.

Good Luck!

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Macaca07-04 10:28 AMThe following from IV's press release is incorrect. The max # is 3,185

The group's website has reported a record hit of 2,500 concurrent users since this morning.



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kaisersose02-13 01:20 PMWDude, Googler, I am not against removing per country limits. But we need to have a cool head, think straight, objective and use facts. I just think it will be next to impossible to change the INA to remove those quotas so it's better to concentrate efforts on 1) visa recapture; 2) EB quota increase. Visas were lost mostly because of NC issue.

I think visa recapture is the most likely bet. There is really no reason why anyone would think twice about it.

EB Quota increase is next to impossible. The word "increase" will have many people tune out which will also affect any bundled propositions. One way to avoid this problem is to avoid using the word "increase"; by asking to not count family numbers in the EB quota or to count them in the FB quota. That will result in a huge increase in EB Quota without directly calling it quota increase.

The other provision of allowing 485 applications without current PDs is a bad idea in my opinion. Anyone who enters the country will be eligible for AC21 in 8 months which is about 80% of a GC. Such a provision will result in huge abuse like the L visa and/or Labor substitution.

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gc2826201-13 08:51 PMUnfortunately some of our members are deriving some sadistic pleasure out of this development. However what we as a community should realize is this is just the first trick under the sleeves of anti-immigrants supported by grassley and co. Once consulting companies are out of the picture, they will target permanent employers with conditions like "the company should not have fired any US citizen in the past 6 months or plan to layoff any citizen in the upcoming 6 months." They could come up with additional restrictions for direct employers as well. At that point none of us will have any consulting companies to fall back on.

Anti-immigrants are bypassing legislative process of the country by writing letters to USCIS director and forcing USCIS to issue an internal memo which is probably illegal.

Those of you deriving sadistic pleasure out of this development, this will affect our entire community irrespective of consulting or permanent/direct at some point.

H1B restrictions for TARP companies shouldn't have faded out from our memory in this short timespan.



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krish200501-14 01:56 PMIf these tougher H1B rules are being targeted towards sending H1B out of the country, then these are the ways I could think that they will impact

-- Increase employment chances for those unemployed if many h1B folks are sent back being rejected - Marginal positive impact as its still upto the employer to pick an appropriate resource against existing H1B candidate
-- Decrease inflow of money from h1B apps and subsequent renewals/GC process related fees -- Cons
-- Lesser work for lawyers and tax consultants -- Cons
-- Lesser or meagre tax income from those trickle of H1B who will remain still
-- Heavy economic impact on sales front to name a few - housing rentals downfalls/car rentals companies going bankrupt or closures and those corresponding resources going out of work and become unemployed.
-- Majorly technical expertise impact - braindrain which was happening due to economy downfall and GC process delays. It will only get more worse for US aiming to be top in technological front in terms of IT.

As somebody pointed out if AILA is working to get this memo being stopped then we will get some relief, else we are doomed.

Maybe I am wrong on certain points, but there are heavier repercussions at the economic front if this is being actioned.

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angelfire7601-14 03:38 PMI agree completely. I fail to understand why people are so upset with this development. Your life will be better in the long run. Cant you all see ?

cinqsit

Nobody's arguing against cracking down on these layers of contracting. The "third-party worksite" applies to almost all IT services companies nowadays. That is what is not very clear about the memo.



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BlueSkyPro09-24 03:43 PMdone.

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krish200501-14 03:03 PMI was tweeting with an attorney from boston. She says that the memo does not do any good for a H1B resource working at a third party site though employed under a desi consulting company. :(



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akred02-15 04:32 PMWhat is the basis of your claim my friend?

No claim, just fact. Sure, you can dress up a pig, but some people will still see it for a pig.

http://en.wikipedia.org/wiki/Immigration_and_Nationality_Act

Racial restrictions which previously existed were abolished in the INA, but a quota system was retained and the policy of restricting the numbers of immigrants from certain countries was continued.

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venetian05-12 04:04 AMCome on guys

Why there is so much name calling

I read the entire forum postings to get a perspective. I might quote from most of the participants.

Honestly speaking most of us are members of IV because we want to fix the problem with employment based legal immigration system. We do this because we want to get GC to settle down in life, or to get the deserving promotion or start the new venture we were dreaming about - all in the US. Many of us may eventually apply for the US citizenship.

In some of the forums, members talk of being born in India or China as sin, they get so desperate during the visa bulletin announcements, depressed when they see the PD moving backwards, envy non India & China EB2 applicants, heated EB3 vs EB2 debate, heated labor substitution debate etc etc etc. Personally I know many who curse themselves for being born in India, I’m sure they do not literally mean but it is out of frustration of being in this country for many years and not able to do what they wish in career or in life because of the GC issue, that being said,

Nandakumar’s only grievance is that present Govt of India does not help or care for the suffering of Sri Lankan Tamils, I cannot speak for him but I think because of his intense support for the cause of SL tamils, he might have over stated his displeasure towards India but he never once mentioned Tamil Nadu or its secession or even splitting Sri Lanka , or fights between some of the states in India, or anything related to regionalism and did not even mention or support LTTE in his original postings but only to respond to other members postings.

As I said earlier, all most all of the IV members want to get GC and may want to become US citizen, I’m not sure whether the members who had responded to Nandakumar’s postings have the intentions of permanently settling down in the US. If they do, I don’t see any difference between end objective of either of them, one may present extreme view of protest and reason that for getting US citizenship and other might reason that there is better opportunity in the US than India to get US citizenship, bottom line is both want to leave India and become a citizen of another country, in this case US and show allegiance to the US and its constitution, there after both needs to get Indian visa to visit India, what an irony.

We are a educated lot, I think members should show restraint and stop this name calling business, if they do not agree on an issue, they should agree to disagree but should not disgrace a person and as another member did, do not bring parents into the discussion, just because the other party has opposite view.

Recent past USCIS has raided many Indian owned consulting companies for visa and immigration fraud, earlier too few consulting company bosses were arrested for labor substitution fraud etc, this shows how desperate are people to get GC, why someone has to involve in such frauds to be in the US permanently, what India or their home country has done to them, to leave their home country for US, there are many whose business is to bad mouth India with others. What to call these people?

Another interesting aspect is, nandakumar speaks for himself but others speak for all the Indians, not sure who elected them to represent all the Indians and how do they know the views of all the Indians.

A honest question for the members who are bashing Nandakumar, you are all here in the IV forum for time pass or with the intention of helping IV to work towards overhauling employment based legal immigration process and eventually to get GC and the US citizenship?

PS: I do support the genuine aspirations of the SL Tamils and NOT any organization designated as terrorist organization by some countries including the US and India

Nandakumar,

It is pretty much proven that in your mental territory you have already ditched India and it is the USA which will take long to grant you a GC and then afterwards citizenship for which you almost represented your beggar like mentality. But that is not my concern and should not be. I have only one question to you and I hope youwould try to answer it with all possible honesty.

Q: What will be your view regarding USA's official policy to consider LTTE a terrorist organisation? ONce you will be come US citizen how will you align yourself with this policy?



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garybanz12-14 05:32 PMGuys,
I think we have spent enough time discussing this, please respond to this post if you are willing to share the cost of taking this discussion to a top Constitutional attorney. (just the cost of initial discussion...not the actual case)

Also if some one can point me in the right direction on finding the right attorney for this question then I'll really appreciate it.

Thanks.

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unitednations02-13 03:03 PMI am not saying 7% is not applicable for recaptured numbers. EB3-ROW was current while EB3-IN,Ch retrogressed in 2005.

Again 7% is not a quota or minimum or maximum. It is a guiding tool to avoid monopoly (not to prevent) for fist two months in a quarter and gave the remaining number to third month. It is not meant for reservation.

As you said Bangaldeshies can not raise flag they as have not consumed 7% quota. Therefore one can not argue that Bangladesh-EB3 should be "current".

At the end, first-come first served should prevails.


The 7% is a maximum.

They do not have to go to 7% if they don't want to. However; they can't go over it; if there is more demand then supply.



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stuckinmuck04-26 01:58 PMHello all,
Any news on what happened on the decision on suspension/removal of labor substitution? I searched in google but couldn't find any updates.

Also, any idea of how much relief this would offer for GC retrogression?

Thanks

Contribution so far: $1000

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AirWaterandGC05-11 04:39 PMIf I am in the fourth/fifth year of my CA PR when I decide to go to CA, will I be allowed at least in the country.

Another question was if I am in my 4th/5th year and know that it might take me another year before I go to CA, can I apply for CA PR again, even when I already have my CA PR OR if I apply for my CA PR immediately after my current CA PR expires, would I get it again (assuming I have the necessary points)

Thanks again to everyone who tries to shed some light.



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pappu07-02 06:07 PMWe are starting a media drive from tomorrow on visa bulletin.
Before we post all the details and how to's

we need help from members to:

- post some email templates specific to this visa bulletin and our cause. Mention IV name several times in the template so that the reporter can contact us.

- Someone please collect a list of the reporters from pervious media drives , make a file and post it here.

Let us get this background work done tonight and from tomorrow morning we will start this drive with a bang.
=======================
media list
http://www.mydatabus.com/myFiles.php?pt=createLink&fn=Media.xls
members can post other email addresses on the thread so that everyone can write emails



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John33307-26 05:20 AMDear Attorney,
I have an approved H1B petition, but was given 221(g) during consular interview due to lack of license to practice my proffession in US. They instructed me to submit the license within one year to stamp the H1B visa.

Now I am comming to US on a Visitors visa to write the licensing exam and to get licenced.

I am aware of the aware of possibility of changing status from Visitors visa to H1B after getting licence without leaving US, since I already have an approved
H1B.
But I came to know that USCIS will take around 90 days to approve status change from Visitors visa to H1B.

Kindly clarify whether I can start working for my H1B employer immediately after filing status change with USCIS, or do I need to wait till the approval, to start working.

Also do I need to include 221(g) I received after my H1B consulate interveiw for the status change application.

Thank you very much in advance.



alisa02-18 11:55 AMI have been following your arguments and I get a sense that though not explicitly anti immigrants, you are opposed to any concentration of EB immigrants from any particular place..


I value Mr Unitednations posts as he provides us with the opposing point of view. That is absolutely critical. It would help us strategize and plan.

This has been a very valueable thread. It would be very nice if something positive can result from this. (I can't think of anything. Help me out if you can.)



manoj_200207-25 09:09 AMBut what about the jobs in Canada? How bad is it? Without a job, what is the point of quality of life etc.?


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