Friday, July 1, 2011

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  • smuggymba
    07-28 01:37 PM
    I regret the day when Obama became the president, he is just another politician who does not give a damn about EB2,EB3....he is just worried about "re-uniting families" (aka supporter of illegal immigration)




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  • enqueued
    03-22 11:39 PM
    IMHO - go buy a house. We cannot freeze our lives for green card.

    I bought one in the first year of my H1. I changed it last year. I am in the 9th year now. It is the *only* sensible investment I made.

    Cheers.




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  • immique
    07-14 01:48 AM
    well said. people should realize that EB visa system is based on principles that are thought to benefit US. retrogressed EB2 categories cannot whine about EB1 saying that EB2 should be current also. personally I know many Physicians who have applied in EB2 and have been waiting for years even though many of them qualify for EB1. In the same manner EB3 cannot complain about EB2 saying that spill over should go to EB3 when EB2 is itself retrogressed. remember that the directive for the correct interpretation of the law came from Congress itself. This has actually revealed that EB2 was unfairly disadvantaged last year when all the spillovers got passed to EB3 while EB2 was unavailable. They may even consider to compensate retrogressed categories in EB2 with all those Visa numbers that were improperly given to EB3 ROW by giving EB3 ROW visas to EB2 retrogressed categories from this years and next years quota. I totally understand the plight of EB3 I and agree that there needs to be a solution for this. But complaining to State Department or USCIS will not change a thing as they are only there to follow the laws and not make any changes to the existing laws. campaign from the whole EB community has not produced much result this year to eliminate retrogression. I don't think campaign by one category (EB3) from just one country (India) is going to achieve the result by this letter campaign. rather, the efforts should be concentrated in ending retrogression for all the categories through effective legislation and can only be achieved by cooperation between all the categories.

    Disclaimer: I am an EB3-Indian with a PD of Oct 2003.

    Delax: I agree entirely with what you are saying. Your arguments are 100% valid. The part that I don't get is why are you trying so desperately hard to convince EB3-Indians that their letter campaign lacks merit?

    Remember, a drowning man will clutch on to a straw for hope. You are like a sailor in a boat trying to tell the drowning man that a straw is no good. So, if you cannot get Eb3-Indians to see your point-of-view, just lay off this thread. Do you really expect all EB3-Indians to say "Thanks to delax, we now see the folly of our arguments. Let's stop this irrational effort, and instead just do nothing!"

    I can assure you that despite being an EB3-Indian, I am not participating in this campaign. Because I know that it is a ridiculous argument to expect PD to take preference over skills. And honestly, I cannot come up with a single rational reason to demand a GC for me over any EB1 or EB2 applicant.

    To all you EB3-Indians, chisel this into your brain: The US immigration system wants EB1 first, then EB2 and then EB3. It doesn't matter what your qualifications are or what the profession is...what matters is in which employment-based category was your LC filed. If you think, you are skilled enough, then stop wasting time in arguing with EB2 folks. Use your skills to apply for EB1 (which is current) or EB2 and get your GC fast. Otherwise, get this chiselled into your head as well: You are less skilled than EB2 and EB1 (purely on the basis of the LC category), so it makes 100% sense that US will give you the lowest priority. Period.

    As I wrote earlier, I'm an EB3-Indian as well. Only differences being, I have still maintained my sanity, and I have the patience to wait for IV to deliver the official guidance on proceeding further.




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  • SunnySurya
    08-05 10:27 AM
    I have utmost respect for you Walking_Dude. Your leadership and ethusasm is phenomenal. But even in IV , I comes before We.

    Personally, I don't think one necessary needs a immigration attorney for this. This is a public interest litigation. The task is definitly not easy but if 50 people can join hands and willing to shell out $500 dollars. It is doable. But I doubt that will happen.


    Guys,

    Ever wondered why a lawsuit never got filed against Labor Substitution, or stealing of EB Gcs by nurses, or against the discriminatory country quotas?

    Simple, you need an Immigration Attorney to file the case. The same AILA cardholding person who is expecting a windfall profit out of interfiling/PD porting. I am interested to see the immigration attorney who is willing to sacrifice profit for principle. It would be a first in history if that happen!!

    Good luck to everyone willing to participate in this wild goose chase. I guess you guys have too much money in bank to spend over such a mission impossible. If only you'd contribute equally to IV campaigns...



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  • Sunx_2004
    07-11 12:23 PM
    I'll tell you how I did it:

    1) USCIS administrative appeals office decisions (can be found by navigating around USCIS.GOV

    2) USCIS memos/interpretations/policies (can also be found on uscis)

    3) Go to department of state web-site. Navigate around it and you will find links to their procedures and interpretations

    4) monitor the forums and see postings

    5) immigration portal used to have links or summaries to AILA liaision minutes with service centers

    6) people used to send me their rfe's, denials and what they lawyers did to get them into the mess. Basically learning how people got into a mess and what uscis did to catch them or to deny their cases

    7) go to dol.gov and look for foreign labor certification; there are FAQ's on perm labors and h-1b


    8) go to uscis.gov and read the INA and CFR's

    --------------------------------------------------------------

    If a person is used to reading laws and understanding the hierarchy and then intertwining uscis procedure along with the various service center procedure then you will start to get a clearer understanding.

    All of the information is public. Don't rely on what your friend told you as they usually only know what someone else told them.

    I had a non compete agreement when I left my employer and couldn't work for one year. During that year; I had nothing to do other then watch tv and watch the portal. No matter how small a question was asked/posted I researched it through all the sources I mentioned above.

    Finally; don't do what you think is right or "gut feeling"...


    Research it; research it and research it some more. Sometimes what you read at first glance; you make a conclusion to your own benefit without understanding all the other laws/policies/procedures that override it.

    Thanks




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  • gcisadawg
    01-03 02:20 AM
    My dad was a never govt employee but I'm sad that Govt folks were so much underpaid!

    When they get bribes, why bother about pay? Sorry, I've no respect for these low lifes who take bribe and make common man run from pillar to post.



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  • satishku_2000
    08-02 07:10 PM
    Re-file 140 or file an appeal on the 140.

    Filing the appeal; you will be able to extend the h-1b.


    Thanks UN for your comments , any comments for the situation mentioned in this thread
    http://immigrationvoice.org/forum/showthread.php?t=11819




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  • willwin
    07-13 11:21 AM
    Here is my 2 cents worth...

    Pappu, are you saying that whatever initiative that IV has taken now to address recapturing (HR5882), per country limit removal and STEM are GOOD ENOUGH as long as we have mass support and no further effort required?

    Well, If we are not having enough support, I am not sure how much of that we could change.

    What EB3 I wants to accomplish here is to emphasize that we are retrogressed beyond logic, limits and reason.

    What we could probably do is, write a letter describing our plight and also mention in the letter, the IV effort that is underway. By doing this, we can emphasize our situation and at the same time substantiate IV's effort.

    We can come up with agreeable facts that should go in the letter that explains EB3 I plight. IV core can help with this and also proof read and approve final version of the doc. We should stress on date being stuck in 2001. And AC21 not giving a whole lot flexibility to change jobs even with EAD. Like a programmer with 7 years of experience would be eligible to become a PM (if the person has acquired right skills/knowledge/experience) but I am not sure if AC21 allows a person to do that.

    Besides, EAD is not GC. If not, let them announce EAD as temp GC - meaning issuing EAD means GC is approved but the card is not issued owing to number availability - Makes sense? In other words, once EAD is issued the person's GC should not be disapproved. The clock for citizenship should start with I140 approval. That way the applicant will have the peace of mind! And then let DOS/USCIS issue GC at their own pace!!



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  • waitnwatch
    08-06 01:40 PM
    Note that there is a difference between the Immigration and Nationality Act (INA) and the Code of Federal Regulation (CFR) alternatively also called US Code (USC). The CFR is an interpretation of the INA to practically implement the law on the ground. Therefore from what I know a CFR change does not need a change of law by Congress per se. It may need a public comment period but that is about it. So a lawsuit against the BS+5 may have some merit because it is only in the CFR and not the INA.

    I'm not a lawyer and don't claim to be one. So I would like to know if I'm totally wrong.

    Here is the relevant portion from 8 C.P.R. � 204.5(k)(2). This is the reason, in my opinion, why any lawsuit against BS+5 has not much merit value.

    If you would like to read about related case, refer to this pdf
    http://www.uscis.gov/err/B5%20-%20Members%20of%20the%20Professions%20holding%20Ad vanced%20Degrees%20or%20Aliens%20of%20Exceptional% 20Ability/Decisions_Issued_in_2005/NOV152005_02B5203.pdf

    ============================================
    Sec. 204.5 Petitions for employment-based immigrants.

    (k) Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability.

    (1) Any United States employer may file a petition on Form I-140 for classification of an alien under section 203(b)(2) of the Act as an alien who is a member of the professions holding an advanced degree or an alien of exceptional ability in the sciences, arts, or business. If an alien is claiming exceptional ability in the sciences, arts, or business and is seeking an exemption from the requirement of a job offer in the United States pursuant to section 203(b)(2)(B) of the Act, then the alien, or anyone in the alien's behalf, may be the petitioner.

    (2) Definitions. As used in this section:

    Advanced degree

    means any United States academic or professional degree or a foreign equivalent degree above that of baccalaureate. A United States baccalaureate degree or a foreign equivalent degree followed by at least five years of progressive experience in the specialty shall be considered the equivalent of a master's degree. If a doctoral degree is customarily required by the specialty, the alien must have a United States doctorate or a foreign equivalent degree.

    ======================================



    ____________________________
    US Permanent Resident since 2002




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  • qasleuth
    03-31 07:44 PM
    May be their receipt dates are close.. Remember, CIS can't sort the application by PD. They can process in FIFO of RD.

    Nope...was keeping an eye on that too. Sent PMs to a few and could see no trend in the receipt date/notice date either.



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  • gimme_GC2006
    03-25 04:08 PM
    I do not understand either...OP says he/she does not want to spend a grand (not sure if it costs that much) in attorney fees while he is willing to spend time/money trying to immigrate to Alberta. Taking a fatalistic approach and hoping for the best seems to be the idea. Again good luck to OP.

    lol...you are right..

    but dont know... I am going by hunch..I hope not to regret..:)




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  • sc3
    08-05 08:29 PM
    see below


    Then check. Context is everything sometimes.


    I checked, everything I said before, I stand by it.



    There was no point, I said I did not believe it. I was showing the original poster that using a large black brush to tar a whole group of people is offensive and inappropriate. At least read my whole post before responding. I see I hit a nerve though. So it's ok for you t claim that EB2 means nothing and is ill gotten but not ok for me to talk about EB3?


    So, I used your black brush to paint over your argument to the argument you claim to resolve. You should expect that, when you try to sling mud on others, you should be ready to get some mud on you too. You cant go complaining when you get the taste of your own medicine.


    Bull crap. Don't make me open my mouth anout labor my friens. best we don't open this up.


    Again you seem to be implying that we are getting our labor for free (or that we dont deserve it)... Can you say why? Agreed there are some (a lot?) who use loopholes etc, but then that is not restricted to EB3s alone.



    I'm not in IT. the more I hear IT folks go at each other, the less I think of the field frankly. And yes, i do not know about you but I met several people who came in the tech boom, whose jobs a monkey could do. Sorry, just the truth.


    I am not in IT either. I am into software research, but IT folks do the work that requires skills. In your home environment, you can slap-on machines and routers etc. and it works because you dont need performance, and because some IT and some developer sat together to bring out a product that was easy to use. In production environment, you need to support 1000s of "consumers". Performance reliability etc. is the key, and it takes a lot skills to manage. I am fairly skilled when it comes to computers, but still I will not match most of the IT folks that work in my company.

    If monkeys could really do the job, and the managers hired humans, probably, the company was being managed by monkeys.



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  • Refugee_New
    01-08 03:58 PM
    Refugee_New,

    Please check your private messages. We do not encourage abusive language on this forum. We very much appreciate your participation in this very important effort but no one wants to see you use abusive language at all times, including when discussing controvertial topics.

    Thanks,

    Administrator2

    Admin, I have responded to your message. Also please understand that it was my response to his PM using very harsh and abusive language.




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  • spbpsg
    03-25 05:50 PM
    is there a website/magazine where i can get list of foreclosed properties?

    There is no need to pay website or realtor to find forclosed properties. I have bought forclosed property year ago. Here are tips.

    Depending on your location go to any realty websites and search for houses based on your conditions (like price, bd rooms etc). There is always a description for house, if one of following line is part of that description then it is forclosed or bank owned (bank owned means a step before forclosure) :

    1) ...addition addendum required...
    2) ...subject to third-party approval...
    3) ...express finance is provided...

    U can do many things without using realtor, use realtor only to see property physically and to do your paperwork. Don't forget to ask 2% commision cash back and never sign commitment doc with realtor, always remember as a buyer u r the king in this market.



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  • lfwf
    08-05 06:35 PM
    Dude..if the rules for EB2 eligibility were followed to the T, most of the EB2 jobs would fall back to EB3. Stop the holier-than-thou postings, it is your first post. you were able to apply in EB2 good for you, you might dissaprove the post bit that is ok with me. you want to file a lawsuit sure go ahead, i also want a file a lawsuit with the FBI for messing up my name check, easier said than done.

    I have been in this mess since 2001, i have seen cases where jobs are modified to suit the resume and resumes are modified to suit the job and most of those guys have GCs by now.

    Here we go again. EB2 is fraud, they are all really EB3, but guess what? All the bright EB3s are really EB2, they are all suffering needlesly. Right?

    Here's my take (I don't even believe it but I think you deserve to hear it)- I think EB3s like you are the real frauds. If immigration law were followed to the T, plenty of EB3s would never get a GC. So many Americans with basic skills that can do silly coding - hell a monkey can do it. So enjoy what you have.

    How did you like the sound of that pal? If it felt wrong and offensive, then first shut your own gob and stop posting crap about "most EB2s".

    Just fyi I have been here loger than you- by quite a lot. So if that's the qualification, I have "seen" a lot too.




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  • chintu25
    08-28 09:36 AM
    Parts of the conversetion in Embassy between the Visa Officer and an applicant for a visa:

    O: All your responses must be oral, OK?
    A: OK
    O: What school did you go to?
    A: Oral.
    After a short explaination, the conversation continued:
    O: What is your date of birth?
    A: July fifteenth.
    O: What year?
    A: Every year

    :D



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  • learning01
    05-17 11:30 AM
    gc03:

    Go and search for Lou Dobbs in this forum.

    This forum is purely for discussing issues related to problems and difficulties of high skilled legal immigrants., affected by inefficiency of backlog centers, LCs and lack of visa numbers, GC issues and the consequent retrogression.

    I haven't gone to the link you provided, because I don't need to. Has Mr.Dobbs advocated our issues, our goals anytime in his effort to highlight immigration issues? I don't think so. He does what is convenient for him and for his ratings and viewership.

    So, please let's end this discussion here and please refrain from quoting and promoting the foul mouth Lou Dobbs.
    I hope you will understand. Thanks.




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  • jayleno
    08-05 02:44 PM
    Guys,

    Please stop this sick discussion. Do not allow this kind of divisive tactics to work on us.




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  • gc4me
    08-05 12:24 PM
    I would like to compare Mrs. Rolling_Flood to Lou Dobbs who only initiates controversy and never dares to challenge.
    And now Rolling_Flood is enjoying his forum which is growing exponentially!

    C'mon Mrs. or Miss Rolling_Flood, post you qualification here. (honesty please! :D)

    Originally Posted by gc4me

    Mrs. Rolling_Flood,
    Post you qualification here.
    You can see flood of post from EB3 folks who has superior qualification (education wise as well as experience) compare to you. Either you are out of your mind from rigorous GC fever or a one eyed person with poor imagination or simply you did not get a chance to work in a big environment like fortune 10 or may be fortune 100 companies. Or else you would know how/why/when a company files under EB3 despite the fact that the candidate has more than required qualification for EB2. Position requirement, layoffs, HR policies, Company’s Attorney Firm’s policy etc. comes to picture when a big organization files LC/GC for a candidate.

    I guess you are like me working with a small deshi consulting firm with 3 or 4 consultants (working C2C). They can make almost anyone eligible (on the paper) for EB2.

    Then ask me why I am not EB2? According to my company's attorney, I-140 will be rejected due to the stand of
    company's financials.




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    08-05 01:14 PM
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    ..., multiple bruises, two black eyes, and a five iron wrapped tightly around his throat. Naturally, the doctor asks him what a happened.

    �Well, it was like this,� said the man. �I was having a quite round of golf with my wife when a at a difficult hole, we both sliced our balls into a pasture of cows. We went to look for them and while I was rooting around, I noticed one of the cows has something white in its rear end.�

    I walked over and lifted up the tail, and sure enough, there was the gold ball with my wife�s monogram on it � stuck right in the middle of the Cow�s butt. That�s when I made my mistake.�

    �What did you do?� asks the doctor.

    �Well, I lifted the tail and yelled to my wife, Hey this looks like Yours!�




    Macaca
    12-28 07:55 PM
    Dying for data: the Indian activist killed for asking too many questions (http://www.guardian.co.uk/world/2010/dec/27/india-rti-activists-deaths) By Jason Burke | The Guardian

    Shashidhar Mishra was always a curious man. Neighbours in the scruffy industrial town of Baroni, in the northern Indian state of Bihar, called him "kabri lal" or "the news man" because he was always so well informed.

    Late every evening, the 35-year-old street hawker would sit down with his files and scribble notes. In February, the father of four was killed outside his home after a day's work selling pens, sweets and snacks in Baroni's bazaar.

    The killing was swift and professional. The street lights went out, two men on motorbikes drew up and there were muffled shots. Mishra, an enthusiastic RTI activist, as those who systematically use India's right to information law to uncover wrongdoing and official incompetence are known, became the latest in the country's growing list of RTI martyrs.

    The RTI law, introduced by the Congress party-led government in 2005, was a radical piece of legislation giving private citizens the right to demand written answers from India's always opaque and often corrupt bureaucracy and state institutions such as the police and army.

    "It was a total paradigm shift from a regime of secrecy to one of transparency," the law minister, Veerappa Moily, said in an interview in Delhi. "It has changed the entire culture of governance."

    In many ways, the law has been an astonishing success, prompting requests from tens of thousands of often poor, sometimes almost illiterate, always highly motivated citizens. In Bihar, more than 100,000 demands were made last year, 20 times as many as five years ago, said AK Choudry, the chief information commissioner for the state. In India as a whole at least a million RTI requests have now been filed.

    "This act is for the common man of India. Without paying a bribe a poor man can get answers. We have the right to know what is happening in this country," said Afroz Alam Sahil, a student from Bihar who has registered hundreds of requests.

    Yet, with the rule of law weak in much of the country, exercising new rights can mean danger. At least 10 activists have been killed so far this year. All found themselves up against powerful individuals, often in league with local authorities. One uncovered a series of corrupt land deals and thefts of social benefits by officials and was subsequently hacked to death near his home near the city of Pune, Maharashtra state.

    A 55-year-old stallholder was killed after investigating electricity supplies and gambling dens in his home town of Surat in the western state of Gujarat. Two activists investigating fraud in government labour schemes for the poor were killed in the lawless eastern state of Jharkand, while others - including a 47-year-old sugar cane farmer in the central state of Maharashtra and an activist near the southern city of Bengaluru - were killed after investigating land acquisitions by big businessmen.

    In July, Amit Jethava, a pharmacist in Gujarat who had hounded officials about mining endangering Asian lions, spotted deer and wild boar near his village was shot dead. There has since been a lull in the killings, but beatings, intimidations and threats continue.

    Amitabh Thakur, who heads an RTI network in Lucknow, Uttar Pradesh, and is writing a book on the RTI martyrs said that "cases of murder, persecution, prosecution and harassment" are legion. "When you are digging for information there are people who try to hide it from you," he said. "They will do what it takes to keep it hidden."

    The true number of activists killed could be much higher. Frequently, campaigners say, the authorities deny a link between the RTI requests and violence, dismissing incidents as everyday crime.

    Choudry said that no killing linked to RTI had taken place in Bihar and that Mishra's death in February was "not linked to any RTI application". Local police denied Mishra was an activist and said they no longer had possession of the investigation file opened on his death. It contained, his family said, most of the answers he had received to his various RTI requests.

    The dead man had hidden a box of papers at home that suggest the hawker's activism was indeed the reason for his murder. The documents, seen by the Guardian, included receipts for hundreds of different applications for information about local officials, businessmen and even the police themselves.

    Mishra, described by his sister as a "sharp and smart guy", had started demanding information two years before his death. His first target was a local government-run dairy, a big employer, where he suspected animals were being mistreated. His next campaign focused on unlicensed stalls run on public land outside the local railway station. These were eventually demolished.

    Encouraged by his success, Mishra asked for records of land purchases and sales by members of the local council over the last 20 years. In June last year, he began investigating the local market, largely built by local businessmen on government land. A month later, he asked why there was no electricity in the local health clinic. By the end of the year, he had established that many of the contracts awarded to resurface a road through the town were suspect. He spoke darkly to his family of death threats.

    In December and January, Mishra filed a flurry of further information requests, asking for details of the postings of certain policemen and the whereabouts of vehicles the police had recently impounded.

    On 9 February , he requested a list of those contracted to carry out construction of a road in the market. He also demanded the local council's 2009 accounts. The answer � which showed that at least �80,000 had been paid to contractors for work that had never been carried out � arrived in May, three months after his death.

    His killers had used silenced handguns, the mark of professionals. That a power cut plunged the street into darkness for the few minutes they needed to work indicates the involvement of officials, campaigners claim.

    Now his brother Mahdidar is trying to look after four extra children on a family income that has been halved. He told the Guardian he was "desperate".

    "I want justice for my brother, but what can I do? There are many corrupt and powerful. I am just one man."

    Cases of intimidation and violence are "isolated", Moily, the law minister, insisted. "Wherever protection is needed the government provides it."



    'India's history is in two phases, before and after RTI' (http://timesofindia.indiatimes.com/home/opinion/articlelist/articleshow/7180352.cms) Times of India



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