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  • villamonte6100
    12-14 01:41 PM
    I totally agree with you.


    Think of lobbying as polite negotiation.
    Think of Supreme court case as picking a fist fight, in which we are badly out numbered.
    Once you have started a fist fight it is much harder to negotiate, especially from a loosing position.



    This is exactly correct. It is not the question of right or wrong here. That is what gets folks so upset on this thread, they feel since their viewpoint s right then.......... Most neutral observers like mbartosik can see this as unjust and there may be many in the US as well, however certainly not the majority. However, there are many ways in which this could backfire. One example is the recently seen debate over illegal immigration and the turn in public sentiment. Truth be told, if someone did something wrong 12 yrs ago(crossed the fence), now is married to a US citizen and has 3 US children, what do you do with them? What about the 3yr old who was brought to the USA by their parents and knows no other system? Perhaps a few years ago joe public would have given them a pass, no more, the debate has become so nasty that positions have been hardened to the point that reason does not prevail. Another reason has something to do with the perceived sense of entitlement Americans sensed in the illegal immigrant community(of course fanned by Lou Dobbs and his ilk). These are complex issues and generally you will get a lot further appealing to someones sense of fairness than explaining how you are entitled to something and will take it from them if it is not given to you.





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  • JA1HIND
    02-13 04:51 PM
    Why should we give big bucks to big names? Instead we can pay 50% to 75% of that to a bunch of fresh law school grads from Harvard or some other top law school and see what they can do?
    This way we would help young talent and also give them a platform to get their name in the front and at the same time we are not under cutting on their fees. Saving money but cutting unnecessary cost is the name of the game.

    Any thoughs or counter arguments?

    I liked your concept of approaching "fresh law school grads" but...
    If we are planning to approach with such a big task which I would think needs lot of experience in the law field and not sure if its worth taking an approach with fresh out of law school grads...I personally feel this experiment of working with fresh law school grads might be risky and I doubt if they even know any in's & out's of USCIS tricks,rules and dramas which they keep changing now & then quite often....

    As always experience counts one would choose to see how much experience they have and in this case if we go with these BRAND NEW.. fresh out of law school grads who may or many not have any winning track records might be not worth it I guess..





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  • kumar1305
    01-13 03:35 PM
    Does it mean that people who are working with consulting companies are going home soon?

    Ok, then first consulting guys will go then they may take some other crap to send everybody home?

    What is going to happen now?

    I work for client and I do not say that sending consulting guyz will benefit me. But I'm just curious as to what would the next few such steps to send out all the H1bs from this country.





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  • snthampi
    07-30 01:16 PM
    By the way did buy any of the stuff from them later on. I mean u r that close to them.

    Or just close to her?:D



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  • vivekm1309
    02-12 09:12 PM
    That is an apples to dinosaur analogy.

    The per-country ceiling was originally created in order to establish and maintain proportionality in various immigrants coming from different countries in FAMILY BASED IMMIGRATION.

    Family based immigration is driven by family relationship. Its not driven by talent or economic contribution. Therefore its important to make sure that no country completely dominates the family based immigration system by getting a head start. If one country is ahead initially in sending immigrants (like the Irish in the 1920s and Italians in 1930s), then that country's immigrants would sponsor their family and that new family would in turn sponsor their relatives and so on. Whichever country has an advantage in the begining would keep building on that advantage and eat up the entire family based quota. That's why when they wrote the INA in 1965 by codifying a bunch of loose federal regulations that governed immigration, they inserted the per-country ceiling. And that makes sense even today in Family based immigration.

    Every country in the world has unlimited potential to send family members and relatives to America. But every country in the world does not have unlimited potential to send Ph.Ds and skilled labor. That ability is disproportionately huge with India, China, Mexico and Phillipines.

    The per-country ceilings got INHERITED into employment based system because our legislators were too lazy to spot the difference in two systems. One system gives you a green card because you are related to someone. Other system gives you a green card because you have skills that are wanted by an employer here.

    Benefits driven by family relationship should be rationed and given out propotionally because an Irish family, Italian family and a Chinese family all love their families equally and the value of family re-unification is the same. You cant say that the Irish love their sibilings more than the Chinese or Indians do. HENCE THE COUNTRY LIMITS IN FAMILY BASED SYSTEM.


    But in employment based system, what the system is doing is that an Irish guy, (or any ROW guy) with Bachelor's degree in EB3 is getting green card sooner than an Indian guy or Chinese guy with masters degree in EB2. THAT IS DISCRIMINATION. Yes, that is discrimination not matter how you slice it and dice it with your olympic analogies.

    Agreed this is discrimination, what stops us from fighting this discrimination using legal class action lawsuit? Is it the money required or did a lawsuit fail earlier that inhibits us to file class action lawsuit?





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  • alterego
    07-24 03:27 AM
    For USCIS, 2007 was "let's reduce some backlog in EB3-category" year.
    It looks like 2008 is " let's reduce some backlog in EB2-category" year.
    On both occassions they hid their plans in right in front of us, and said "gotcha" to every one- AILA, IV prognosticators and Ron Gotchers of this world.

    I doubt USCIS will openly Re-revise the horizontal spill over policy. If they do that they may be challenged again forcing them to Re-Re-revise which will make them look even more stupider than they do now.

    There are other means by which USCIS can deliver justice- mafia style- but within the current law. They need additional help from DOS,DOL, etc.

    examples- (1) Generally sit on EB-2 adjudications, delay them and say there are unused EB2 numbers and allow them to spill over to EB-3

    (2) Clamp down even further on PERM - stretch it from 8 months to 36 months for every applicant including EB2-ROW, make even more unused numbers available to clear backlogs.


    p.s
    I do not harbor any ill-will towards ROW or any other category. I honestly think above things are possible. :)

    Not only is that possible, but they are probably likely to do so. PERM adjudications have already slowed down. 140 PP has been all but squashed and 485 adjudications appear random. So your points are well taken.



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  • BharatPremi
    12-14 04:01 PM
    To summarize the discussions on this thread:

    Yes, it is 7 % for all countries.

    Now it is manifestly obvious that the 7 % figure is arbitrary, and not fair. That much we can all agree on.

    The real question, as raised in the first post of the thread by soljabhai is:

    (A) Is that constitutional?
    (B) (And this is the real question): If it is, what should we do about it?

    Intelligent questions, both.
    The answer to (A) is not clear. We need a competent constitutional expert to opine on the matter.
    For (B), (which is what the thread is really all about), there are lively discussions with differing views.
    lazycis has presented good evidence that the case is not cut and dried legally. It might be unfair, but those are the laws.
    mbartosik, alterego, me and others have argued (from different angles) in terms of pragmatism. (Cost is not worth the benefit)
    garybanz, soljabhai, and others have argued that it is worth it (Cost is worth the benefit).

    Anyway, agree or disagree, its an interesting thread with interesting posts..

    Addition to this:
    --------------
    - "7% limit" is not discriminative to "Any country" AND "Restrictive" especially
    to the countries from where maximum flow of labor comes.
    - When industry demands high number of labor and in the situation of getting majority of this labor from particular
    countries only ,since the available labor force in other countries does not match the demand for one or other reason,
    then this restriction becomes SENSELESS and useless in all its practical terms and limits.
    - "Country of origin based limit" "smells" (In Mark's language..:))
    discriminative when employment always have to be related with "skill" AND
    THAT IS A ETHICAL OR MORAL PROBLEM





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  • okuzmin
    09-30 04:29 AM
    HI can some body answer if we can apply for canadian PR with H1 B valid for less than 1 year.

    For canadian citizenship you have to be in canada for 2 yr(physicaly) and after 3 yr after stamping

    You can apply for Canadian PR while staying in the USA if you can demonstrate that you have entered the USA legally and stayed in the country legally for at least one year. That's what Canadian law says. I'm too lazy to look for the actual law -- just google it. ;)

    You can apply for the Canadian citizenship after staying in Canada for three years out of four. Of these three years, you must be a PR for at least two years.

    http://www.cic.gc.ca/english/citizen/becoming-howto.html



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  • Keeme
    05-12 03:25 PM
    I think this forum is the wrong place to discuss any of this. The thread must be deleted.

    I'm sorry, forgot to say ' GOOD BYE" when you declared 3 weeks back - you won't visit IV site any more and wanted to denounce your IV membership.

    May I ask, what made you to change your mind ?

    Dear, you won't get a good farewell party here ! Pl help youself !





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  • sbabunle
    11-12 01:31 AM
    Having said all these, let me ask you something?

    How many of you wrote to Dept. Of Labor to stop Labor
    substitution when they put a comment period for the proposed
    removal of Labor Sub?

    Everybody knows that the system is broken. The whole point
    is what are we doing to fix it? This is a foriegn land. So we have to
    work thrice of 4 times harder to change the system in place. Are we
    doing that?



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  • Abhinaym
    01-15 02:44 PM
    Add hassles to businesses. Appeal to xenophobic voter bank.





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  • senthil1
    02-13 09:11 AM
    I think unused other country quota is used for oversubscribed countries like India and china in the last quarter. If that is true then even removing country quota will not make much difference for Eb3. Now waiting time is 7 years. It will be 5 years for all the countries. When they remove country quota persons from countries like Europe may lose interest in applying gc as they may think is not worth for them to apply and wait 5 years or more as there is not much difference in lifestyle between US and Europe. I doubt US will remove country cap. But we never know as world changes fast nowadays.Anyhow country quota is not correct and it is similar to reservation in India. If reservation concept is correct then country quota is correct as every country in world get benefit.


    Ethnicity has nothing to do with skill level. Consider this also, if no other countries come close to the 7% limit, but India and China are maxed out. Guess who loses just because of an arbitrary limit? Guess where those unused greencards go?

    They go to a pile of greencards, left unused and wasted. Wash, rinse, repeat the same cycle year on year. June 07 will be a looooooong way away (if you are from a severely retrogressed country), don't kid yourself.

    btw... i was agreeing with abhijitp.



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  • Jerrome
    09-24 10:24 AM
    When can I get my gc based on these uscis data for sept 2005 eb-2.Please suggest me.

    100% by this time next year.





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  • BharatPremi
    12-14 02:48 PM
    Yes BP, in that case Britain too will be oversubscribed just like IN,CH,MXa and PH.
    7% ceiling applies to all the countries not just the ones that happen to be oversubscribed now.

    So that interprets to "7% limit for every country" - seems to be "Equality"



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  • nomi
    09-29 12:28 PM
    Can you post the link to the automatic revalidation law link?

    I want to take the print


    Here is the Law

    http://travel.state.gov/visa/laws/te...ams_1441.html#





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  • snthampi
    07-28 07:09 PM
    Good HUmor for a wednesday..


    BTW, i lost a good old friend right in first week of landing, we worked @ same company in India(birlasoft), were happy to reach Uncle Sam, (he came before me)- asked me to join a meeting, will arrange pickup etc. somehow i missed the ride- LUCKY ME

    next day again it started out - he never said what it was about who is involved etc.
    i said no i dont think i would like to be involved, i was still calculating $1 = 45 Rupees, MCDONALD # 3 combo is Rs 300 oh lala, too expensive( YEAR 2000)

    So my kanjusi paid off, see sometimes being lazy helps

    It is really funny bro. As far as the $1=45 equation is concerned, you are not alone. I think, many of our Desis go through that phase.



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  • helpful_leo
    07-28 07:20 PM
    Hello there

    Thanks for your service.

    I needed to ask a very specific question about extending a B-2 visa towards the end of a six month stay for my mom; specifically if she becomes out-of-status during the duration when an EOS application is pending, if the EOS is subsequently denied; and if this (i.e. subsequent denial) voids a multi-year multiple entry visa? I am finding conflicting information on the internet even from USCIS sources about whether or not 212(g) applies when an EOS application is pending.

    Thanks for your time.





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  • h1b_forever
    07-28 03:48 PM
    Good one

    With your attitude, you will not even become millionaire in Zimbabwean dollars.:D:D:D





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  • Macaca
    07-04 10:42 AM
    I am developing a general framework in which you can plug in your own traumatic experience. The following is a good start. Please develop your own writeups.

    From then on it was a scramble to fulfill a long list of requirements to be able to apply on time. The first task was for my husband to convince his HR to sponsor the process. Since they had already budgeted for the fiscal year and are on a spending freeze , it took a lot of convincing . The HR complied and gratefully we set out to get our Medical exams (at own cost of 150*2).Since we live in a small state with few doctors we drove 2 hours to a neighboring state to get them on time.

    Being a mother of 3 small kids, I could not work on important paper works with them around. So after putting them to bed we spent the entire night pulling out the required documents from archives and placing them in order; numerous phone calls to parents back in India to collect their date of birth, place of birth information and completed the questionnaire.

    Got passport pictures(60$) and mailed it all to our lawyers praying it will be one of the first to reach the department office on start of business on July 2nd.

    The following are very good points that need more polish! The main point here is that we really can not understand this CRAP wih all other things in life which Americans are not facing!

    We are raising families here, our everyday life is no different from any other AMERICAN middle class family with same expectations and hopes, so its not easy to presume that we can pull out or get out of this situation and return to our home countries.

    Patience is not just a virtue but a way of life for thousands of Legal immigrants who have been living in the US for a number of years . Besides the everyday stress of Job,Mortgage,Health and education of their children they live with the added suspense of when their application for permanent residency ,commonly referred as "Green card" will move ahead from its deep slumber.





    NKR
    02-14 08:49 AM
    [[Bestia,

    This is bigotry. Stop using other countries (Sierra Leone or Kongo (spelled Congo FYI) as scapegoats. Obviously, your country isn't so great or you wouldn't be on this forum trying to immigrate to the U.S. Plenty of people do immigrate to the Congo and Sierra Leone FYI...I am not attacking you but it is incredibly insensitive and ridiculous to point to other countries in that way - where are you from that's so perfect?
    ]]

    First it was fighting between Indian/Chinese and ROW, now there is fighting within ROW. Come on Guys, today is valentine's day. Let there be Love and Peace. Let's unite...





    newbee7
    07-04 12:45 PM
    Might be potential headline: USCIS betrays thousands of hopeful



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