Senin, 27 Juni 2011

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  • cpbaherwani
    08-18 01:28 PM
    People recommending lax security checks for so-called VIPs must not forget that IC-814 hijackers got bombs and guns on plane via VIP gates.

    Information on hijacked Indian Airlines aircraft, IC-814 (http://www.indianembassy.org/archive/IC_814.htm#The%20Chronology%20of%20Events)

    "A little while before the departure of IC-814 from Kathmandu, a Pakistan Embassy car (42 CD 14) arrived at the airport. Among the three officials who dismounted from the car and proceeded to the Departure Lounge was one who is believed to have supplied a consignment of RDX to a group of Punjabi militants in Kathmandu some years back."

    180 passengers were held hostages, 1 killed. 3 terrorist were released, who went on attacking Indian parliament, killing Daniel Pearl, planning 9/11 and training new militants.

    Indian Airlines Flight 814 - Wikipedia, the free encyclopedia (http://en.wikipedia.org/wiki/Indian_Airlines_Flight_814#Release_of_militants)





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  • GC08
    01-28 04:09 PM
    :mad: They should stop the so called substitution.





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  • mirage
    03-30 05:20 PM
    Problem is we Indians see Indira Gandhi Airport, Jawaharlal Mission, Rajiv Gandhi Electricity Yojna, Indira Gandhi University, Jawahar Lal Uniiversity, Rajiv Gandhi Jal Sansthan, Rajiv Gandhi This Indira Gandhi that, so we get a feeling as if we are breathing just because of these 3 individuals. They are too good at advertising their Netas, that you just forget if anybody else ever existed... Govt is never one man effort/show.It is a team effort. Just like software projects are.For sure it will not be one man show with BJP.We have NDA's rule for example.While we are that NDA had allies in it too.





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  • RNGC
    02-15 02:11 PM
    A person can kill himself to solve all his problems. But that is not the point. If I have come here to work and you have things setup in a way that it can be used to exploit you ( e.g. employer holding back your pay for no valid reason) that amounts to indirectly supporting slave business. The word "slave" doesn't make high tech workers comfortable because they don't want to be categorized as such. But the trouble they are going through is similar to that of the slaves that were taken by the brits in olden days for working at different places in their colonies. If you look at the way most of us work here, it is almost same. Someone (called ur employer) brings you here, he puts you in a place to work reporting to a differnet master sometime many. This exactly how slave trade was working in olden days, but today instead of us working in plantations or laying highways we are working on the building the IT super highway.


    I rest my case here for now

    I totally agree...its Modern day slavery!

    You cannot change employers, you cannot travel if you wish (after you apply for H1 ext, you can't leave US till it is approved, even If you have AP to re-enter!), you can't expect promotions, your spouse can't work on H4, No drivers license in some state, ..... BUT WE PAY ALL TAXES, NO EXCEPTIONS! Is it not Modern day slavery ??



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  • chanduv23
    03-16 02:05 PM
    Are you from India,,if yes, think again,,,the EB3 2003 PD may not buy u much,,u may be well know trying to go for perm and 140 with current EB2...eb3 for india is a black hole,,,i hope u know what a black hole is,,,its kinda dangerous!!

    Yes, EB3 2003 is of no use except for h1b extensions, so consider taking the job only if you see something good other than a sub labor





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  • soljabhai
    12-14 09:28 AM
    It is not the case that a law cannot be challenged. All the authority of the various government branches (legislative, judicial and executive) is derived from the powers created in the constitution. So even if congress creates a law and president signs it, it can still be challenged if it is found to be contradicting with the constitution from which the government branches derive their authority.

    If that was not the case then "Separate would still have been equal" and we would have still been living in a divided society with whites having different schools, hotels and theaters than everyone else. The Supreme Court ruled that "Separate cannot be equal" and all the laws for separating the different ethnicities immediately became unconstitutional and hence invalid.

    The question is not that whether any law can be challenged but whether this rule regarding per country ceilings can be. Only a constitutional expert can answer that question.



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  • gc_wow
    09-23 05:25 PM
    I dont think there is a law which dictates spill over to happen in last quarter? Some USCIS crony has made that happen only in last quarter? Does any one know more about this?





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  • gc_on_demand
    06-15 01:29 PM
    I believe in luck in the GC process. Before 2005 PERM process, many folks applied in states where Labor was fast. They were able to get greencards within a couple of years while others were stuck in Labor Backlog centers (http://immigrationvoice.org/index.php?option=com_content&task=view&id=67&Itemid=50). Some cleared all hurdles and got stuck in namechecks for years. Until 2007 Namecheck was a big scare. (http://immigrationvoice.org/index.php?option=com_content&task=view&id=81&Itemid=61)

    Many people could not file in July 07 for various reasons. Some people were born in India but were brought up in other country. Even they are stuck. Some people decided to rise in their careers and changed jobs on H1. While they did rise, but lost in the grreencard PD race.

    So definitely luck pays its role.

    me and some other people may be lucky individually to get PERM and I 140 get clear just before economy collapsed in early 2008. But now we are facing MASS UNLUCK OF INDIA.

    Just kidding..



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  • sundevil
    05-29 12:08 PM
    I think as someone said this guy was randomly throwing numbers out there. How come his analysis does not account for remaining 36K EB1 and EB2 ROW applications. Is he suggesting that all EB1 and EB2 ROW are being used up also. Very hard to believe that for 2008 and 2009 with the way the economy is going. Lot of product companies where most of the ROW 485s would likely come from have stopped applying perm since last summer. There is a huge flaw in this analysis and its not as pessimistic as it seems.

    BUT, then again we need legislation to wipe the slate clean and clear these 200K applications, so there is a new build up of visa demand and wait times are tolerable for current applicants and future applicants.


    Yes it will, unless there are more EB1I visas which could spill over to EB2I, in which case EB2I will move ahead of EB3I. But that guy has also said that the spill over may not happen because of the demand for EB1I.

    Its just unbelievable that EB2I and EB3I (i.e. the persons who have PD when the numbers were calculated) will have to wait for about 19 years to get their GCs. We HAVE to do something about this.





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  • unitednations
    02-14 11:49 AM
    Is there any proof that there are even are unused visas? I find this topic a rather moot point.

    With India, China, The Philipinnes and Mexico all being oversubscribed, they appear to be reaching their 7% limit. With all the countries in ROW I doubt if any one country is even vaguelly reaching their 7% limit.

    With the obvious retrogression across the board, it just tells me that there isn't anything spare to share around in whatever direction.

    Am I just totally missing the point?!

    It is an important topic.

    Reason is:

    2005 and prior; certain countries went over their limit. If they hadn't gone over their limit then EB3 would not have gone unavailable. If EB3 would not have gone unavailable then EB3 ROW would have much more advanced dates. Countries cannot go over their 7% limit now until ROW eb3 essentially gets current. If they had done it in the past then maybe eb3 row would be current and the other countries can go over their 7% limit and their dates would also have advanced. Due to what happened in 2005 the dates are further back for everyone then they should have been.

    How it is working and how it is supposed to work is important in people making their decisions; ie., should i file in eb2 or eb3?

    What is impact by eliminating the 7% limit

    What would happen if there is 485 filing without priority date being current and there is a hard cap of 7%. There would never, ever be unused visas for china, india. They would have never ending retrogression.

    For people who constantly watch visa bulletin; the dates won't move forward until fourth quarter when eb1 and eb2 visas get spilled over.; so no sense in waiting for it so eagerly.



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  • Dyana
    02-15 12:27 PM
    Thank U all for your quick answers&good advice.It feels good to know I have new friends who can help me with my questions.
    About the cheques u're right, that's how we have done it. Separate personnal cheques for each of us, easy to track online.
    Hopefully we are not out-of-status and my husband's employer is not on th black list.
    How couldn't I figure it out by myself what IV means????Shame,shame...





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  • gc4me
    03-30 09:09 AM
    That would be great! :D

    Widower Zardari will be marrying Kumari Mayawati just after election to unite subcontinent and bring peace to world.



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  • gc28262
    01-15 03:01 PM
    snram4,

    It seems you are concerned about companies making profit than what happens to you. That is a typical socialist/communist thought process. Communists/socialists are worried/jealous about companies making profit rather than their own well being. Ironically you are in the capitalist meca of the world.

    If you are not fine with companies making profit, you shouldn't be here in the first place.

    H1B rules are on the slavery lines already. Think about all the restrictions we have to undergo just because of H1B. Irrespective of whether H1B is allowed on consulting, consulting is here to stay in US and all over the world. If not H1B, Citizens and GC holders will do the consulting.

    The only thing many of us are good at is screwing our own countrymen and colleagues. Did it ever come to your thought that existing H1B rules are insane already ?





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  • rsdang1
    10-16 11:42 AM
    Guys,
    I understand this is a simple estimate but - if and its a big if - it works then it would be a great Diwali gift for all EB2 folks and subsequently open spill over for EB3... Keep the faith...



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  • leoindiano
    07-17 09:35 AM
    Dear Attorney,

    I had 2 I-140's for same job, same employer. Both approved. When lawyer sent I-485 package they sent the receipt of I-140 which had earlier PD, Which is what i wanted. I saw an LUD on other I-140 on 11/27/2007 almost after a year it was approved. Is that a matter of worry?

    On I-485 receipt, Priority Date field is blank. How can i confirm that they got the correct I-140 attached to my I-140?

    Thank You





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  • minimalist
    05-12 09:55 AM
    You can paint it with any emotion but it still is the fact.
    It is no diferent from the wat India dealt with extremism in Punjab.Until KPSGill stepped in,it kept raging. It is same as the way India trying to deal with Kashmir.

    I am a non-immigrant in USA,sure. If I try to demand and bear arms to get a separate country here,definitely my life will be in danger.Should I expect India to come to my rescue?




    Being a NRI in US, your conclusion is it is a SL issue, not a India issue. This is because you enjoy freedom, safety and opportunity in USA, even though you are just a non-immigrant in USA. Hope it will continue. If your job, safety, security, life becomes danger here, then do not get help from India or Indian consulate in USA; because it is a "US issue" as per your logic.



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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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  • santa123
    07-25 06:13 PM
    Dear Attorney,
    I am about to file my I140.
    I am in the US on L1B with company A and my GC is for future employment with Company B.
    The unknown for me is that when my dates become current, I might be in my home country after completing my US assignment or in another assignment in the US itself.

    In this case what is my best option, AOS or CP?
    Can I choose CP now and if I am in the US when my dates are current, switch to AOS quickly and still file my I485?

    Looking forward to your guidance. Thanks a ton!!





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  • grupak
    12-13 10:46 AM
    Your suggestion seems interesting. Not a lawyer so absolutely no idea if it will fly.





    mchundi
    01-09 02:11 PM
    I just got to this site via from immigration portal.
    I have been reading a lot in the other forum and here about the ways to cure retrogression. Lobbying for more Visa's and other things that were part of the S.1932 bill are fine, however these things are not going to solve the retrogression problem even if such a bill gets passed.

    No one seems to be talking about the real problem that is Labor Substitution. Abolishing Labor Substitution will itself take care of every retrogression problem.

    The INS does not have the right tools to police the misue of this rule. This is resutling in a lot of problems for even those employees whose Labor's get substituted even if they are still working in the same company.

    Any effort to reform immigration should start with first reforming the Labor Substitution rule (if not completely abolish).
    I know that all the companies/employers and the lawyers community are against removing the Labor substitution, therefore it will never be removed, but atleast it should be reformed so that it can be better policed so that no one is able to misuse it and play with peoples lives. And in turn add to retregression.

    Following reforms are needed in Labor Substitution.

    - First thing in the Labor Substitution reform is related to the Priority date. The Priority Date for a substituted Labor should the date when the Labor is substituted (or the I-140 filing date). It should not be be the date when the Labor was originally filed. This in itself will solve 90% of the problems related to retrogression.

    - When a Labor is substituted it should be verified immediately to find if there is any I-140 or I-485 that is pending based on this Labor. If so then the Labor should be rejected immediately. Currently this is not done at the time the Labor is substituted, therefore the resulting 485 filing just amounts to add up into the backlog of Visa Number requirement, until the priority date becomes current for this 485.

    - If an employee invokes the AC21 then that Labor should not be allowed to be substituted.

    - There should be a limit to the time until which a Labor can be substituted. This could be debatable and could have other consequences, as the INS could invalidate any GC application that is been pending for more than the this duration.

    In short the Labour substitution rule is in a mess and is getting miused a lot. People are getting fooled by the employers, and ultimately its making the retrogression more worse.

    neocor
    Probably true,
    I think the DOL/USCIS(I dont know who) is moving in this direction.
    The real problem is the 7% limit per country and the time it takes for one to go thru the 3 steps.
    There r several people who have started G.C process several times for different reasons. This slows them (DOL/USCIS) down and remember this is like a chain reaction until u stop applying for a G.C or AC21 kicks in.
    Bill Clinton signed some immigration relief for the illegal immigrants just before he left without allocating any resources to process them. Close to 300,000 illegal immigrants filed their labor before Apr 2001. This brought the DOL to a halt and it couldnot recover for 2 years. Finally the BEC's were created to resolve the mess created by the new law. They did not sove the problem but addressed it to some extent. For some it became worse.
    In the meantime several VISA numbers went unused because the DOL probably scrutinized the cases more thoroughly and probably there were more rejections by USCIS
    The reason why so many people look for loop holes is because of the inordinate delay in the process.
    I guess the situation will only become worse unless those who got their labor get to apply for 485 and get portability thru AC21 or dropout altogether.
    The problem with labor is partly addressed thru PERM. Over the next couple of years the BEC's eliminate the backlog and soon everybody will be in the hunt for the VISA numbers.
    The best that can be done now is the fight for more VISA numbers and be able to file for I485 whether a VISA number is available or not or anything that addresses this like
    1: increase the overall VISA numbers (McGain && Kennedy)
    2: capture unused VISA numbers
    3: Cap not being applicable for those with Masters degree in ---- && 3+ years exp before starting the G.C process (Sen. Chuk hagel)
    4: Being able to file I-485 even with no VISA number(failed S-1932)
    --MC





    chanduv23
    09-04 08:06 AM
    Please stop this unnecessary useless discussion here. And I am not "_truefacts". Folks, just like how u do IT or medicine, for politicians - politics is a career. They do whatever they can to be in power and in developing countries like India where unfortunately, corrpution still exists. Corrpution exists everywhere in different forms. Don't we all pay for EAD and AP every year because our country is retrogressed? Don't we all pay for MTR when we do everything based on law?

    One has to accpept the reality and live with it and try to bring about the change within one's parameters.

    People can argue just for the sake of arguements - but the reality is that we are all in it together. If there is an issue that affects all of us, it affects all of us - period. We can argue and counter argue but unless we all get on the same page and understand that there needs to be a solution rather than trask talk, things are not going to change for us.

    Lets concentrate on what we are in this organization for.