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JazzByTheBay12-13 05:54 PM...actually makes sense...

jazz

When an argument is held in the Supreme Court you often hear the justices asking "What if" type questions, some of them verge on being narrow circumstances, but to declare something unconstitutional can have a wide impact and is a fundamental, so it should account for odd circumstances too.

So here goes a potential set of arguments:

Q> What if the Congress was unable to discriminate in other categories of immigration based on nation of birth? Would that mean that in time of war, immigrants would have to be admitted from a country with whom we were at war?

Q> Would Congress no longer be permitted to try to balance the ethnic makeup of the country?

I agree it is unfair on individuals, on groups, and it does smell, but I doubt that it is unconstitutional. I take the pragmatic view in my prior post on this thread (many posts back).

Extending my pragmatic view:

Even if it were found to be unconstitutional, then Congress can always amend the constitution, and if a Supreme Court ruling affected more than just EB category, then I would not be surprised to see an amendment. Then the only advantage would be to draw attention to the issue. But you know that the anti's would just make the argument --- "Look the evil immigrants are trying to write our immigration policy", and that would be an easy argument to make so then we would see something more restrictive in the end.

So even if we won, we would likely loss.

Just being pragmatic.

(I'm not a lawyer - and my H1B enforces this)



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JA1HIND02-12 01:38 PMDoes it mean that till Oct 08 bulletin there is no point to expect anything for India EB2?

I suspect VB in Oct08 might be good for EB2...if you look at the below copied "Archived Visa Bulletin" URL and I see month of October is always been a fruitful month for EB2 (Employment Based) and I am thinking this year Oct 08 will also show us some good updates...

Check this URL:
http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html

October 2007: EB2 - 01APR04
October 2006: EB2 - 15JUN02
October 2005: EB2 - 01NOV99
October 2004: EB2 - C (Current)



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lazycis02-13 11:26 AMOk - so what is it going to cost us to get a consult with Rajiv Khanna? Anyone know this? Until we have more details on this, I commit $25 for this first consultation. (I will gladly raise the commitment once I know how much this will cost and if IV Core Members support this initiative).

Rajiv S. Khanna: $660/hour
Attorneys: $320/hour

http://www.immigration.com/ourservice/hourly_charges.html



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villamonte610012-14 02:50 PMThank you very much for pointing that out. I really appreciate it.

His/Her country of origin and the state chapter is not really relevent for this discussion now, is it?
:cool:

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Jaime05-12 11:59 PMWell, I have been on this forum for over a year, and I have been doing my research, you guys have given me a great idea...immigrating to India. I know that right now India might not be as comfortable as Laguna Beach, (but then agan 99% of the world isn't). I think that if I go to India now, work hard, endure a bit of discomfort and do my best that I will be a millionaire in my later years, whereas in the U.S. thigns are declining, and I will have grandkids before I get a Green Card.

This is where India Green Card comes in. So, I am looking for a job in India (non-tech, but rather business/marketing related).I would appreciate any help that you guys could give me. I have researched that I have to find a job and show a contract of employment from the sponsoring company in India, as well as an appointment letter from the sponsoring organization and proof that the organization is registered in India.

Then it allpoints out tome having to apply for an employment visa at the consulate with jurisdiction over my place of residence, and I am awae that my visa may require clearance by the Ministry of Home Affairs or Reserve Bank of India before the visa is issued. My question is on how to contact the MHA for this? Do any of you have their phone/fax numberor address?

Further, I found that in India a foreign national may not change employers. If the foreign national wishes to change employers, the foreign national must leave the country and re-enter with a new visa for that particular new employer. So, I am looking for something really steady before I even set foot in India, and that's why I need your all's help!!!

Since the Ministry of Home Affairs (MHA) reserves discretion to determine the period of validity of the visa, it could really be good for a few months or years, impossible to know before applying. The good thing is that the Foreign Registration Regional Office (FRRO) may grant extensions of up to three months. Upon approval by the MHA, the FRRO may grant an extension of up to one year. Thereafter, the FRRO may grant extensions for four more years on a year-to-year basis.

I am so excited and confused at the same time. India is my future, and I am going to need a lot of your help IV friends! At least I speak English, but I am also thinking of getting a pivate Hindi tutor. Any thoughts woud be VERY VERY appreciated! Thanks!!!!



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PlainSpeak01-13 01:19 PMFew 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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BharatPremi09-24 04:54 PMNot sure what you are talking about. There are two rules as follows

28.6% EB visas for each category EB1/EB2/EB3 and 7.1% for EB4/EB5

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

7% limit for each country in EB category (India will get 9800 visa in all EB1-5 categories)
+ 2% dependent limit for each country in EB category


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

To enforce the limit each EB subcategory (EB1/EB2/EB3/EB4/EB5) enforces country cap, no more than 2822 visa for India in EB1/EB2/EB3 categories.

Ans: this concept 0.07X 0.286 - It is a false concept.
The limit can be extended when there are leftover visas (this is what has extended the limit for EB1/EB2/EB3 India for last few years).

/\ my answers



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unitednations02-18 11:51 PMI think we can make some very credible and good arguments for ourselves.

a) The changing demographics require an increased level of immigration. It is upto this country to decide if it wants semi-skilled immigrants (Indian cooks and gardeners) and their siblings/parents, or high-skilled immigrants.

b) It is not really the smartest thing in the world to bring people here from foreign lands, let them work here in high-tech fields, and then send them back after 6-10 years so that they can compete against Americans from OUTSIDE America.

c) A lot of EB-based immigrants have been to American colleges and have graduate degrees. Again, see (b) above. Not the brightest idea to have this American-educated and trained high-skilled manpower forced to go back to India and China, the two main US competitors.
Atleast, not if you are America.

Bottomline is this. If there have been abuses of the system, and any system will be abused, then those need to be fixed. If there are loopholes, they need to be plugged (and people will come up with more loopholes.) But the USCIS should not throw the baby out with the bath water. Either this country values high-skilled immigrants, or it doesn't. The high-skilled immigrants need to know this, so that they can make decisions in their life. The incompetence of USCIS can't be the instrument of public policy making.


I like it.

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Lasantha12-14 02:48 PMHis/Her country of origin and the state chapter is not really relevent for this discussion now, is it?
:cool:
Villamonte,
Just so that we can understand the background of your continues opposition to this idea, could you please let us know your country of origin? Also some information about which state chapter you belong to will be great if you don't mind. :)

Thanks.



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tikka07-03 11:35 PMTikka,

Done as requested. I want to understand how this works - what will happen if we have a large number of people dig it?
Thanks

Ams

the more we digg the more popular a story gets and will receive media attention... we already have stories on
ny times
forbes
see media thread for more info....

Digg.com is read by hundreds of thousands of web users and there is high chance of getting picked by main stream media.

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vrichards09-05 12:44 AMIt seems like YSR was a very evil man. We must celebrate now that he has died.

Good riddance to bad rubbish.



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Keeme04-01 04:20 PMI remeber how brutal Imran used to be to Indian openers with his deadly in-swinger. Those were days of good cricket ... a classy cricket. Outside cricket Imran still commands respect for being honorable and honest person.

On other hand our Azhar is one of those who will sell his own mother for money. A disgrace to cricket world. Comparing him to Imran is like comparing Lion in Jungle to a Hyenna ( no disrespect to reading Hyenna).

Few years back bunch of cricketers originating from AP here in MI sponsored him and his wife to visit here. I was invited by come and shake hand and photograph with this bookie and his beautiful wife. Majority of people having self-respect politely rejected the invitation. Now I hear he is trying to become bookie in New Delhi. Good Luck!

Well said !

He has mistrusted us. I do remember throwing his wiket by giving simple catch on mid-on/off and getting run out others ! When CBI raided his home, they found 3 -4 crore of watches in his jwell box. Wonder how much money he might have made with working top bookies ? He/Sanjay Dutt and other like them know that it might come back anytime so they are getting prepared politically.

Again, MERA BHARAT MAHAAN !

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ronhira01-13 08:28 PMhow'll this affect those on ead or ac21...... it seems that this has no affect on us if we r using ead with the sponsoring employer or ac21 employer..... is that correct?



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Jerrome05-12 03:56 PMTamils live the same life as Sinhala and Muslims, if you're visited sri lanka you would see that. Schools are open to everyone within their respective distances, tamils conduct business same as muslims and sinhala. What you're discussing is something that happened when the country was given independance and the sinhala policy came into act. This is not the case anymore in sri lanka, if it was all the tamils in the country would have moved to the north where their so called saviors were fighting.

Oops i may be living in a parallel world. I failed to see the people in yalpanam and triconmole living peacefully with equal rights.

FYI i have been to SL twice(2003 & 2005) to colombo and yalpanam(Pls don't comeback at me calling me as LTTE).
Have you ever been to yalpanam and triconmole while you were in SL.

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kondur_00707-22 02:20 PMfor EB3 - I guess it is good that they are not allowing concurrent /premium 140 filing ..am I right ? because if they make EB2 current and they cannot use up the visas then they would make EB3-ww available ? wishfull thinking ..but hope that it works / happens that way

Yes, that is a wishful thinking.

The issue for EB3 is this:
There is already a big backlog of EB2 cases, and unless EB2 numbers overflow to EB3, it will not advance to any appreciable extent. (also the number of filers in EB3 is higher than in EB2: including large numbers in EB3 ROW--not just highly subscribed countries).
It would be anybody's guess when EB3 will move; but my guess is: not for next 2-3 years and may be longer (I dont mean to offend anyone, this is just my guess) unless there is a change in law (likely to happen with new president).

If I were EB3 today, this is what I would do: Try to get EB2. (and I do realize that it is very expensive, time consuming and merely impossible for many EB3). When I mentioned this in one of my previous posts, I got an angry reply "then EB2 will become like EB3"....BUT THIS JUST SOMETHING FROM THE STAND POINT OF SOMEONE IN EB3....remember, i dont want people ahead of me in line either (I am EB2 and people switching from EB3 to EB2 with older priority dates will only delay MY GC; this is just an opinion from the stand point of EB3).

If you are EB3 (and PD is not VERY old), and if you can not switch to EB2; sit back and relax...be happy with your EAD and AP and it is only a matter of time (I know, it is easy to say and I really do not mean to offend anyone here, but that is the reality...).

Good luck to everyone...



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rajsenthil05-02 07:10 AMThere are few people here trying to mislead the biggest problem. When the Indians support SL Tamils, it is not just ethnic affinity, it is also based on our country's own interest. If India could not handle a country like SL, then what else we can do. I dont like the way India handling this situation, completely ignoring the deaths of thousands of innocent people. Even today, there was bombing on the hospital. It has become common now to bomb schools and hospitals and trying to justify that.

I still find it hard to equate a person death > tens of 1000's of innocent people death.
But still wanting for more deaths. India should step in and stop this genocide. It is shame on us to turn our face and watching it.

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raysaikat07-14 12:10 PMHi,

I have an EB2 I-140 approved; PD Aug 29, 2007. The corresponding LC was filed with "Special Handling" for university teachers.

1. If I change into a non-academic job, then can the PD be retained when I refile?

2. If I go out of US for a few years (say 3-5 years) and then come back with a new job, will I be able to retain this PD when I refile?

Thanks for your time.



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_TrueFacts09-04 08:08 PMI spent almost an hr going through these massive 12 pages and concluded to support British's saying "Indians are dogs" and I want to add the following,

Kanaka

We are called dogs, because we discuss things, then what are we called if we don't and accept things in India as they are.



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Vsach06-15 09:35 PMWhat has happend to this forum....:confused: Where are the leaders?



gondalguru07-17 01:50 PMWhat makes you so sure the spillover can happen in the first quarter? Is there an example in the last 10 years? You may have forgot Feb. 2008 bulletin. If what you say is true, why it was U for EB2-I on Feb. 2008? No one in USCIS can take the responsibility if the spillover in first quarter causes EB2 RoW with cutoff date later, as they can't predict if there will be enough(or not) applicants to fullfill the quota. Therefore, spillover can only happen at 4th quarter. Unless if there's really mininum of usage, then it may start at 3rd quarter, but I don't think it will ever happen at 1st quarter.

Here is the Feb 2008 bulletin.
http://travel.state.gov/visa/frvi/bulletin/bulletin_3925.html
INDIA EMPLOYMENT SECOND PREFERENCE HAS BECOME �UNAVAILABLE�

Despite two retrogressions of the India Employment Second preference cut-off date, demand for numbers by CIS Offices for adjustment of status cases has remained extremely high in recent months. As a result the annual limit for the India Employment Second preference category has been reached, and the category has become �unavailable� effective immediately.

Look at my prior post. I think spill over will happen every quarter.



dskhabra01-13 02:01 PMOne important point from the document: If employer can not directly control/supervise his employee's work and then H1B new petition/extension may not be approved.


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