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  • garybanz
    12-14 04:37 PM
    Simple. If it wasn't for that ceiling the vast majority of the visas will go to applicants from the oversubscribed countries. Now this is not a bad thing if the visas are in unlimited supply. But since that's not the case, the country ceiling ensures that even people from smaller nations will get an equal oportunity to claim a visa before all the visa are grabbed by their BIG brothers and sisters. And what's more what ever is left is given back to the oversubscribed countries.

    How can you call that unfair? Is it fair to deprive a person from a smaller country, equal chance to have go at his GC?

    "equal chance to have go at his GC"

    I don't have an issue with equal chance...thats exactly what i am asking for.





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  • Ramba
    03-30 02:04 PM
    The most of the guys posting in this thread is not going to vote. Even I think, we all do not have our names in electoral list. There is no sense in arguing who is best or who should be next PM, sitting in US. Furthermore, most of the educated, urban voters will never go to polling booth in hot summer to stand in line to do their duty as a citizen.. Indian�s election of their representatives is fundamentally a show of money and muscle power. Election in India is just a business. It is just investment of money by political parties with the help of capitalists and their lobbyist to get the vote from rural, uneducated, divided voters across the nation. All parties are corruptive, communal, divisive, plays vote bank politics. No exceptions! (whether it is Congress, BJP, communists, BSP, SP, and countless regional parties). One thing I can say or compare about Congress and BJP. Congress is the only party has responsible for bringing both good (economy, growth, education,) and bad (corruption and countless other) thing to India. BJP has not done any good thing to India sofar, only it brought bad things to India (divisive, corruption).

    My input regarding comparison of Manmohan and Advani.

    Manmohan.

    Though, he is not a full time politician, and not a good crowd pulling speaker, he has strong record. He has quietly achieved lot as a RBI governor; FM and PM. US nuclear agreement is a big achievement in his career, despite he had a minority government with the strong left opposition. He does not have long term independent vision, and strong leadership skills. He was widely accepted by all part of the country, as he has no controversial issues.

    Advani,

    He is a good speaker, crowd puller. He is a typical Indian politician. He has leadership skills. He does not have any significant record/achievement to back his claim for PM (either as a ex-minister or politician). For example, he has not done anything to improve the national security when he was a union home minister. He has involved in controversial issue like Babri Majit, and Ram temple issue. He also does not have long term vision, ideas on economy, poverty elimination etc..





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  • manderson
    10-18 12:25 PM
    http://www.theglobeandmail.com/servlet/story/LAC.20061018.BOARDIMM16/TPStory/National (http://www.theglobeandmail.com/servlet/story/LAC.20061018.BOARDIMM16/TPStory/National)

    Immigration board short of staff as backlog grows


    GLORIA GALLOWAY

    OTTAWA -- The number of immigrants and refugees waiting for permission to stay in Canada has grown since the Conservatives took power last February, the chairman of the Immigration and Refugee Board of Canada told a Commons committee yesterday.
    "This year, the IRB has a complement of 156 members. As of today, we have 40 vacancies," Jean-Guy Fleury said at a meeting of a parliamentary immigration committee.
    When he appeared before the committee in May, Mr. Fleury said he was optimistic that the backlog of cases would drop below 20,000. And it did fall to 19,800 a short time later, he said yesterday.
    But, because there are not enough people to hear cases, it has since climbed to 20,500 and Mr. Fleury said he expects it will quickly hit 24,500. The government, meanwhile, has made just eight new appointments and 12 reappointments since the January election, he said.
    "In the absence of appointments and reappointments, I cannot fulfill my promises to this committee on processing times and innovative reforms," Mr. Fleury said.
    Lesley Harmer, spokesperson for Immigration Minister Monte Solberg, said the minister has taken several steps to get the positions filled.
    "We have brought in reforms that have reduced the process for applicants down from eight months to four months," Ms. Harmer said.
    "As well, at the minister's urging, to cast the net wide and ensure potential candidates are informed, an advertisement was placed in the Canada Gazette and national newspapers to draw in a new pool of applicants for openings on the board. This resulted in more than 350 new candidates. We're also continuing to look for ways to reform the system and get competent, professional members on the board."
    But opposition members who sit on the immigration committee said Mr. Solberg must act quickly to fill the vacancies.
    "I think it is a very serious issue," said Bill Siksay, the NDP immigration critic. "The vacancies mean that the work's not getting done, that important decisions aren't being made, that people are being left in limbo."
    Mr. Fleury said he has met with the minister about eight times since the election and that the only reason for those meetings is to discuss appointments, Mr. Siksay said. "So I think that the minister is a barrier in all of this."
    Liberal immigration critic, Raymonde Folco, a former member of the Immigration and Refugee Board, said the backlog that her party started to reduce is now increasing again.
    "I know from experience that it takes an awful lot of people to take care of these hundreds and hundreds of refugee claimants who come in every year," Ms. Folco said.
    "Just in terms of mathematics, when you divide the number of immigration judges we have now by the number of cases that come in, you realize that gives such a load to people that they can't support it."
    Meili Faille, the Bloc's immigration critic, also blamed the minister and the Conservative government for the problem.
    There have been many complaints from lawyers, Ms. Faille said, "but also from people in our constituencies where their hearings are being postponed and delayed and what the IRB revealed to us this morning is that backlogs are increasing since the Conservatives have been in place."





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  • BharatPremi
    12-14 04:57 PM
    Simple. If it wasn't for that ceiling the vast majority of the visas will go to applicants from the oversubscribed countries. Now this is not a bad thing if the visas are in unlimited supply. But since that's not the case, the country ceiling ensures that even people from smaller nations will get an equal oportunity to claim a visa before all the visa are grabbed by their BIG brothers and sisters. And what's more what ever is left is given back to the oversubscribed countries.

    How can you call that unfair? Is it fair to deprive a person from a smaller country, equal chance to have go at his GC?

    Lasantha,

    You are fond of "Ceiling", Good. Provide me a solution with a goal not to hurt progress march of US economy in following imaginary Scenario without changing current EB immigration laws:

    Assumption 1:Whole EB Bus starts with year 2009 - no backlog for ANY
    COUNRTY - USCIS does not have any kind of administrative
    mess - Situation in USCIS is such that moment it find work, it
    will send flower to you for keeping them busy. - US industry
    exactly need 140000 skilled and highly skilled people from outside
    world as within US they have shortage of exctly that number.
    and it can not afford a single person less than that to keep
    economy at balanced level.

    Assumption 2: India can provide 35000, China can provide 50000, Britain can
    provide 4000, Sweden can provide 2000, Saudi Arabia can
    provide 1000, Sri Lanka can provide 4000, Thailand can provide
    500, Pakistan can provide 5000, South africa can provide 5000
    ,Bangladesh can provide 1500 and rest 32000 from Europe
    (other than Britain) and each of above country cannot provide
    more labor that what is mentioned here. And other unlisted countries
    do not have any skilled persons to provide (This is assumption.. DO not go after me...:))

    So whole world together is ready to provide 140000 labor to US. With current laws tell me what will happen to US economy? Will US Industry be able to get all 140000?

    Will you still be trumpeting "Ceiling" drum?



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  • alien2006
    08-30 03:09 PM
    I would suggest checking out www.canadaimmigrants.com and other such websites before plunging into Canada. A good idea is also to check out monster.ca for your job situation. I checked that as well as monsterindia. Guess what, there were 50 times more jobs in India than in Canada (at least in IT). After a lot of debate we have decided to stick in the US through this entire GC process. If it fails, we go back to India where we are with our family as well as have good job prospects. If the intent to immigrate to the US continues, we will try to come here again and restart the GC process.

    Almost all the people I know who have or want to go to Canada, don't really want to live there more than 3 years. They just want their citizenship and then want to move back to the US. So I don't see the point of living in yet another country and besides I hate the cold. Just another point of view.





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  • chanduv23
    02-13 10:59 PM
    you cannot sue for incompetence, or the courts would be full!

    Yes, this is what IV core had told us before.

    But members seem to be enthuiastic about having a case, so it may not hurt to consult an Attorney for legal opinion.



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  • desibechara
    10-09 03:48 PM
    hi:

    But is it possible to continue to work on TN1 Visa and change jobs and not apply for the GC? Can one continue to do that?

    db





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  • ivar
    08-16 01:44 AM
    [QUOTE=Mr. Brown;689396]While proponents would mask this whole backlog issue as something purposefully done by the "system" I don't buy it. It is a proven disaster.

    --- Deleted ----



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  • gc28262
    06-12 08:10 AM
    Dude, Read Vivek Wadhwas findings carefully. He wants the best and the brightest to be provided unlimited visas. I agree with him completely. He is not for perpetual fraud and wage destruction as proferred by the outsourcing companies. Next time when you quote a defence, atleast quote something that supports your case not the opponent's :-)

    You are contradicting yourself in your arguments. One one side you say you are highly skilled on the other you say you are worried about depressing wages for citizens like YOU. If you were so competitive, why would you worry about competition.

    If farmer grassley's bill passes through, you are the one who is going to lose your job (if you are still working at MSFT). Balmer has already threatened to move the jobs out of the country if Mr Change goes along with his protectionist policy.

    http://immigrationvoice.org/forum/showpost.php?p=345899&postcount=1

    BTW none of us on this forum favors outsourcing. Whether you like it or not, nobody can prevent outsourcing. Even if corn farmer's bill survives, outsourcing will go on. If you are looking for job security, you need to change what you do for living. This applies to all of us on this forum as well.

    Could unions stop the shifting of manufacturing jobs to China. You are living in the capitalist capital of the world. Don't think companies will help you cling to your job just because you want them to.

    BTW you claim only 20% of H1Bs are genuine. How did you arrive at this figure. Have you interviewed each and every candidate who received H1Bs ?

    You seem to be echoing anti-immigrant's concerns. Antis also complain that MSFT product quality has been going down since they started hiring H1Bs. I guess they were complaining about people like you.





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  • boston_gc
    06-27 09:44 AM
    I also checked with my lawyer and made fool out of myself. Please, please please stop discussing this and concetrate on the real stuff.....

    Better than this discussion, we should put our energies on the new CIR bill and see if and how can we benefit from that.



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  • small2006
    08-18 06:41 PM
    You are so wrong here...its not about growing balls or Americans getting frisked in Indian airports.

    It is SRK's BIG EGO that was hurt, the fact that the officer did not "recognize" SRK - the "king khan" and made him go through a rough ordeal. That is all it is about. And to me SRK has never been an honest human being. It is all a put on appearance, whether its in his movies or real life. He is very measured and guarded when talking to the media and presents his affable side. So get over it and look at the incident for what it is - i.e, SRK's big ego burst open. Its not about American security or Indian security or racial profiling. Everyone is just trying to make it out to be that but you need to be able to see thorugh that.

    When a person of Dr Kalam's stature did not even talk about his experience with Continental until months later, who the heck is SRK to make it out to be such a big deal? What is his achievement and/or contribution to the country after all? Making loads of money? Buying houses in London and Dubai?? Give me a freakin' break.




    simply 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?





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  • kondur_007
    07-23 03:15 PM
    Thanks !! I had a quick question ..the rules for the spillover, is that a law or does that depend on USCIS or DOS ?
    In other words can they change the rules for spillover once again ..say next year ?

    Hmmm...that's the question everyone is asking and I tried to read the actual law on this. I am not a lawyer, but what I can interpret is this: The law does not say anything about the "primary handle". In other words, if there is a spill over, should it be confined to the categories or to the countries... (which is a 'stronger' limit: per country or the category?) and this issue is not addressed specifically and that's why DOS has decided to interprete it differently now....
    So in short, you are right: it is purely an interpretation from someone in DOS and it may change

    I still feel there is small hope for EB3-ww and maybe even EB3-I ...majority of the EB2 cases were filed during july fiasco ..what if they have not been processed yet ? i.e. they will keep moving the dates fwd till it becomes current (if that still does not use up the visas) ..then they would move EB3-ww dates fwd ..once again this is wishing and dreaming :)

    That is actually a wishful thinking, and eventhough a long shot, it is possible with USCIS (anything is possible with them:p)

    But remember, if they use up this year's numbers by sept, they will retrogress everything again till the end of next fiscal year and that buys them another year to process those applications (without the worry of dealing with any new 485s due to retrogression)

    They will think several hundred times before making EB2 current, because that will mean a new round of applications (everyone with PDs in 2006 have filed their 485 already any way, and so current advancing of the dates was a calculated move not to allow any new filing).

    But as I said above, anything is possible with USCIS:p

    Good Luck to all of us...



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  • vdlrao
    07-18 08:19 PM
    this is not correct. ROW continues to get preference.
    what has changed is that for a while USCIS chose to interpret the law in a way that gave EB2 GC numbers (the law mandated 28.6%) to EB3 ROW rather than spill them over the EB2 I/C. now they have corrected that and EB2 numbers (which include any spillover from EB1) are first used in EB2 ie category numbers are given priority.

    so the bonus advantage that EB3 ROW got for 1-2 years has been withdrawn. however with EB3 retrogressed and with EB2 I/C retrogressed, EB3 ROW continues to get all EB3 numbers except the 7% each for the retrogressed nation states.

    i would also like to know where the 20K number is coming from if anyone has a source please share it.

    Hi Paskal,

    We dont have any official source of available visas for EB2 India as of now.
    But based on the information availale it seems there would be about 30k visas, which are about 10 times more than what its been now (3,267 VISAS for EB2 India), available for EB2 India. Even though China shares with us for these visas, it would be minimal for china sharing as because china had already a cutoff date of Jan 2006 by Jul 2007. EB2 India has to be current pretty soon as of the increase in visa numbers allotment to almost about 10 times due to the horizontal fallout.

    We need your inputs as well, on this calculation of estimated visas for EB2 India.



    .................................................. ...

    Originally Posted by sumagiri :

    There are some significant flaws in your analysis. If you correct them, the number comes to around 25K.

    First. The family spill over has to be applied to all categories. So the total number is 140,000 + 19,000.
    Second. You calculated EB1/2/3 gets 1/3 which is not correct. They use only 28.6% not 33.3% This makes difference.
    Third. The EB1+EB2 combined 70K already counted 9,800 visas for India. We should not add them again.

    According to USCIS/DOS testimonies they will usually end up using only 95% of total quota. They go conservatively because they must ensure that they won't use up even a single visa more than what law allows.So total available is approximately 159000*.95 = 151050
    Third. EB1, EB2, EB3 each will get 28.6%. Not one third (33.3%). That makes lot of difference. So each category will get around 43,200.
    EB4 and EB5 combined will get around 21,449

    Now again, going by statistics and your assumptions that EB1 and EB2 takes up 70K and EB4, EB5 takes up around 10K. The unused visas are

    ((43,200*2)+21,449) - (70,000+10000) = 27849.

    So the total EB2 visa usage will be around 70K + 25K =95K.


    http://immigrationvoice.org/forum/showthread.php?t=20167&highlight=vdlrao&page=7





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  • waiting4gc
    02-13 01:53 PM
    If you see the entire post, you will see that the agenda is

    1) Increasing GC numbers
    2) Recapturing numbers and instituting permanent Rollover mechanisms
    3) Eliminate country quotas

    Part 1 and 2 would help everyone from around the world. While 3 would benefit citizens of a few countries more than others, all it is saying is STOP discriminating in employment based green cards on basis of country of origin. You are not BORN with skills and neither does being born in country A make you more SKILLED than being born in country B.

    If you want to see 3 as being the reason to not participate, that you are implicitly condoning discrimination against people born in certain country even though you will benefit equally from 1 and 2.

    Are you suggesting that IV's efforts would increase the wait times for ROW?
    What incentive does ROW have to work with IV then?



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  • amitjoey
    01-14 12:24 PM
    Let us all promise ourselves that we will not get personal with each other. No abusive, foul language.

    We can disagree with each other but we have to watch our tone and not engage in personal attacks.





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  • Jerrome
    05-13 09:53 AM
    @venetian:

    I was not responding to the Sri Lankan issue - please don't read it as such. As I said, my comment was tangential to the discussion thread. I was just writing about my observation of the behavior and attitude of Tamils in general in India.

    @jerrome:

    Your point about MGR/Jayalalitha/Rajanikanth just proves my point. These people migrated to Tamil Nadu, made it their home and 'assimilated' by learning Tamil and considering themselves Tamil and showing their love for Tamil - they did not become famous in TN by propagating Telugu/Malayalam/Kannada. Now, if only you could provide some examples of the other way around - Tamils who migrated elsewhere and who made the host cultures proud. Can you?

    There definitely are Telugu/Malayalam/Kannada natives in TN - but without exception, they have 'Tamilized' themselves to a great extent to live a normal life. Is the converse true?

    President of Singapore and people living in Singapore. I can go on with the list.

    Can i ask simple question to you. what language you speak at home, which temple you are going in US?

    Let us say after 25 years US is demolishing all the hindu,gurduars and asking everyone to convert to christianity. what will you do? Do you want to mingle into local culture.

    If someone is coming to your home and asking you to eat different food and speak different language and workship different god what will you do? This applies to even a state and to a country?

    Don't talk like a fool preaching immigrants should mingle with the country culture. We are not talking about immigrants here, Native Tamils in SL.

    Tamil people migrated to WestIndies,Fiji, Malay,USA everywhere they are living peacefully, because they have adopted to their immigrated country.


    I really don't know what is the point you are trying to make.



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  • alterego
    06-27 10:34 PM
    My 2 cents.
    USCIS does not control the PD dates, State dept does. The state dept will change the PD's to when it runs out of visas to provide USCIS.
    Case 1: Assume USCIS and State dept are in close touch over the currently approvable I-485s which can consume visas starting July 1

    If USCIS has 40K such approvable apps, then the State Dept (being in close coordination with USCIS abt numbers) would have just moved the dates to Nov 2005 for EB-2 India the date when it retrogressed and similarly to the date when EB-3 retrogression first happened for India.

    The fact that they did not do this means they do not have the sufficient numbers of approvable ones. Now the new ones filed in June or July will not become approvable until at least 90 days. So if they are hoping that some of the "new" 485 petitions filed in June/July will be straightforward enuf to approve in 4 months, they have to keep dates at current at least until July end.

    Case 2: USCIS and State dept are not coordinating "closely" over the approvable numbers

    This means the State dept arbitrarily changed the dates to Current instead of consulting with USCIS that they have 40K approvable petitions. And why woudl they in that case make the numbers unavailable in mid-july in that case?

    Lastly even if the numbers can become Unavailable it has to be announced by State Dept. So worst case scenario it can become "U" in July 11-15, which makes the claim by Matthew-OH that it can become unavailable in July first week itself ridiculous.


    I suspect that at the end of last month they did not have a lot of approvable 485 cases that were BOTH:

    1) Cleared namechecks.

    and

    2) From countries other than CHINDIA.

    Hence they decided to move the dates to make use of the visa numbers. The majority of approvals you will see now will be those that conform to the above criteria. When they(the visas) are done they are done!

    I don't expect to see any of the 485s filed now to get approved anytime soon unless for some strange reason dates remain current until Sept............then you might see a few lucky ones squeeze through. So new 485 filers hold your breath until atleast next year!

    Come July 1st week, brace for a flood of celebratory postings online as the pre-approved cases get formally sent out letters.

    Come October if not earlier it will be normal service resumed, with massively retrogressed dates for CHINDIA, and mild to moderate retrogression for ROW.





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  • diptam
    07-04 12:07 AM
    Agreed !!

    These days i'm driving back from work instead of taking the Train/subway because my client location changed and i built this habit of listening to
    Talk radio by guys like Howie Carr , Michael Savage etc.. ( WRKO 680 at Boston) and they really influence Public decision....

    They were beating the s*** out of Bush, Ted kennedy because of CIR ( atleast verbally ) and calls after calls were coming from local american Public...

    But our story may not be very interesting for Locals - so talk radio probably won't take it up as a Topic ???

    Yeah seriously. Do you know that a lot of talk shows and their hosts have played a significant role in pulling CIR down? If they can do it, we can do it too. Go ahead and digg the stories





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  • Dhundhun
    08-08 04:57 PM
    My kids aged out. Is there any way they can take benefit of my immigration based on my PD? Otherwise, how can they benefit?

    My daughter turns 21 in 2003
    PD 03/10/2005
    My son turns 21 in Apr 2005
    I140 filed Oct 2006, approved Sep 2007
    I485 Applied in Aug 2007

    Thanks in anticipation.
    --dhundhun





    manderson
    07-10 12:02 PM
    Can anyone recommend any good IT consulting companies in Canada?

    I need a permanent job offer to qualify for the points but most of the jobs for my skill set are either contract jobs or for relocation to USA. Please help.





    garybanz
    12-13 05:44 PM
    It will be a waste of money. The US does not have to allow any immigration if it chooses so. Do you realize that getting a GC is not a right, but a privelege? It's a matter of grace and no court has jurisdiction to review if government says "no".

    How much money are we talking about here? an hour of a top attorney's time is quite affordable!



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