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  • Lasantha
    12-14 03:45 PM
    Good summary but let me also add the observation that eliminating the per country quota alone will not bring the desired benefit unless the following are also implemneted

    1) Increase of the total EB quota
    2) Exclude dependents from the quota
    3) Re-capture unused visas from past years.


    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..





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  • BharatPremi
    12-13 09:40 PM
    As you use the phrase Check Mate....

    Chess is all about thinking strategically several moves ahead.
    Given the current political climate on immigration I think that we will be in a check mate position (on the loosing end) if we pursue that road.

    The anti's would be all over us as soon as we filed in federal district court probably even before a hearing, and definitely after a hearing. If we lost in lower courts the Supreme Court would probably refuse to hear the appeal, in the mean time we'd have just stirred up the anti's hornets nest against us, just as much if not worse than against the illegals.

    Asking Congress to make small changes in the existing laws annoys the anti's. Telling them or forcing them to wholesale rewrite their laws would make us public enemy #1. We would be lucky to have more than a handful of law makers willing to stand up for us. It would kill off all lobbying ability.

    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.


    I would rather negotiate than fight, I would rather lobby than court challenge.

    So yes, check mate, if we follow this route.
    Alternatively, a British phase: Royally screwed!

    It make sense to use the wisdom tooth and be practical. But even with lobbying we will still have cat (Anti's)... no way to bell it?





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  • bondgoli007
    09-23 11:07 AM
    I Support this idea!!

    For the the ones who are skeptical, there are two simple things to consider.
    1. Other than 5882 (which is the most preferred) is there anything else out there to help improve the Green card process? ANYTHING? we all would love to hear it.
    2. Even if this idea will not work for you (already bought a house/can't buy one right now), if this does go through and reduces the backlog, is it not what you want ultimately?

    As usual you are welcome to your opinion but considering the two points above please refrain from negative opinions because that usually dissuades some IV members to come out and support action items.





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  • qvadis
    02-13 07:23 PM
    No. You are wrong..
    202 (e)(3) will not applicable, because of (a)(5).

    The third point excempts that ..

    (3) 3/ except as provided in subsection (a)(5), the proportion of the visa numbers made available under each of paragraphs (1) through (5) of section 203(b) is equal to the ratio of the total number of visas made available under the respective paragraph to the total number of visas made available under section 203(b).

    202(a)(5) was added by AC21!! That's exactly the change that allowed USCIS to give additional visas to over-subscribed countries.



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  • drirshad
    07-03 07:59 PM
    Can IV try for a Bridge Legislation ...................

    Tuesday, July 03, 2007
    Bridge Legislation Update

    HLG is still actively seeking Bridge Legislation. The purpose of the bridge is to provide a short-term fix to the current retrogression problem for Schedule A occupations. As many readers are aware we are one of the founding members of the Coalition to Improve Healthcare Staffing. The CTIHS is pleased to announce that in June it retained two prominent Washington lobbyists and consultants. The lobbyists are working 24/7, along with the AHA, to seek this goal.

    If any immigration attorneys and/or healthcare stakeholders wish to participate in this effort and contribute funds to the effort, they should contact Chris Musillo (cmusillo@hammondlawfirm.com).

    The biggest hurdle we have right now is general “immigration malaise” in Congress; no one wants to talk immigration at this point. Congress is on a short break for the American Independence Day. Many of the staffing companies and hospitals that make up the CTIHS have meetings set up with their Congressmen and Senators this week.





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  • belmontboy
    05-29 04:17 PM
    We all need to concentrate on being united. No point in pulling down others. This is typical behavior of Indian attitude. Do you think you will get your GC faster if EB1 abuse stops??? I would say no, we would be still stuck in the same shit hole for another 10 years. Why waste energy on this??? We should rather work on more constructive action items.

    Our main problem is 7% quota for India, China and other retrogressed countries is simply not enough. We need some relief in any possible way.

    Sometime back i did suggest an idea of working towards a separate Quota (not counted towards 140,000) for Masters/PhD students. That horse was beaten to death.

    Lets think more positive and list down all actions that we could work.

    To start with i suggest on having a separate quota (not counted towards 140,000) for Masters/PhD students. That should ease most of the pain.

    If anybody has other bright ideas, feel free

    Channel your outrage on a positive action item



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  • cal97
    07-10 12:47 PM
    Wish you all the best. I may follow you too. Have time till Oct 08 to mull on this on-going GC crap.





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  • reachinus
    07-31 01:09 PM
    Think you are too busy to answer my question. Anyway thanks for your time and reply atleat for 1 time.

    Hello Atty, Hope you can reply to my question as well. Please let me know if I should contact the CBP and tell them about this or just ignore.

    Thanks for your time in advance.



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  • _TrueFacts
    09-06 06:52 PM
    Aditya Sinha is the Editor-in-Chief of ‘The New Indian Express’

    Link - Don't let his son rise (http://www.expressbuzz.com/edition/story.aspx?Title=Don%E2%80%99t+let+this+son+rise&artid=eboC6hzS8I8=&Title=Don%E2%80%99t+let+this+son+rise&SectionID=d16Fdk4iJhE=&MainSectionID=d16Fdk4iJhE=&SEO=Y+S+R+Reddy,+Y+S+Jagan+Mohan+Reddy,+B+Ramaling a+Ra&SectionName=aVlZZy44Xq0bJKAA84nwcg==)





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  • jetguy777
    07-22 11:23 AM
    Theres no argument about EB2 retrogression. It will retrogress defenitely in the next few bulletins. But the retrogression would be mild one and that would be there only for a VERY SHORT SPAN of time. After that the cut off dates would run like to reach the CURRENT.

    Vdlrao

    Appreciate your thoughtful and encouraging posts. Continuing with Ron Gotcher's line of reasoning:

    "It is worth mentioning that the CIS has never adjudicated more than 85,000 EB AOS cases in a single fiscal year - though this year it is possible they may process as many as 110,000 if they go all out. Keep this fact, together with the size of the backlog, in mind when trying to estimate how long it will take them to get to your case when your priority date becomes current."

    How do you reconcile USCIS productivity with the number of visas that are available? In other words, although there may be sufficient numbers available to move the priority dates forward in the next fiscal year, USCIS can only adjudicate a limited number of cases per year.



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  • akred
    02-18 08:50 PM
    As per the facts first baby boomers will start collecting benefits in 2008 and by 2020 when most boomers are 60+ there will be 2.6 workers paying social security and medicare for every retiree versus 5 workers now

    Is there anybody looking at this angle for increasing GC cap/upper limit ??

    I find in this situation, Churchill's speech has a more dramatic impact.

    http://www.churchill-society-london.org.uk/LngHrdWr.html

    The peoples of the British Empire and of the United States number nearly two hundred millions ...
    have more wealth, more technical resources, and they make more steel, than the whole of the rest of the world put together.

    Substitute India and China for the British Empire and the United States, and reflect on how soon the 3 criteria will be met.





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  • DSLStart
    09-14 10:11 PM
    ALL perm cases
    Mar-05 1
    Apr-05 13
    May-05 72
    Jun-05 324
    Jul-05 351
    Aug-05 833
    Sep-05 1172
    Oct-05 1212
    Nov-05 1541
    Dec-05 1771


    If these numbers are to be believed, then EB2-I could advance till Dec 2005 with ease by Dec bulletin, though some stats for Feb & March 05 (regular labor) also needs to be analysed...



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  • deafTunes123
    07-27 08:04 AM
    One basic note that Amway/Quixstar guys/preachers/creatures should understand is that "Not every business/job is for every one".

    Few individuals can do only certain kinds of jobs. However, I notice that these Amway/Quixtar guys always project that, any dumbo can do this business (if followed rules). And also, they project that this is the only way earn money on this planet. If some one follows their own path (own ambitions), then they think that he/she is an idiot that they not joining them. For God's sake, Amway guys don't bug people. When some one said no means, Its NO. don't put pressure on strangers.

    I will tell you my experience/observations with most of the Amway/Quixtar guys that I met.

    1. They dream of early retirement, free money, free cruise trip, free vacations etc., where as in reality, they don't even buy good TV for them selves. I know few folks who purchased a 18 inches bathroom tv for $5.00. I am not against second hand a TV for less, but check the reality and see the difference between dreams and reality.

    2. Forget about TV, it may not be an essential in life for everyone. I also noticed that they don't even purchase proper food/groceries. May be not are alike. I have see many in my past 15 years of life in US either in Bayarea or in Texas or in PA.

    3. There was a Quixtar/Amway Summer conference few of years ago. I have seen 32 adult people stayed in a Single bedroom apartment (around 700 Sq Ft) for two nights. Yes, I literally counted people coming out of the door (right opposite to my apartment). I couldn't believe my eyes/brain initially but its truth.

    I am not offending any one intentionally, but know the difference between reality and dreams.





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  • dealsnet
    09-04 12:26 PM
    If this is true, it is serious. If a donors information is compromised, it is like selling the credit card info the cheats. It is high time to clear bad elements from IV.


    Yup, it is a religious fanatic. Also it must be an insider.
    I am still wondering how the full name of "Jayapaul Reddy Vadicherla" is known.
    One thing is that the Vadicherla is a Donor and must have given all his details while donating. The insider have access to this information and posted it.

    _TrueFact, can you post my full name?



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  • smuggymba
    01-14 11:17 AM
    My friend works for Deloitte & Touche and they charge $550/hr and he gets $75/hr.. so what? And he is USC.
    Do you know the rates top consulting company charges? they normally starts from $400/hr+ in Accenture, PWC, KPMG, E&Y Etc and their employee's do not get paid more than 20%. Its a practice around the world.

    I used to work for Big 4. I didn't care what they charged the client, I got a handsome salary with great benefits, 4 week vacation, cell fone, air card and perdiem.

    Who pays 30K per annum? TCS used to pay 50K in late 90s. Are you kidding me? Who pays 30K. My friend who works for desi dalla gets 4K per month in hand after paying 900 insurance for his familiy.

    No full time deloitte employees gets paid 75 per hr, it's an annual salary so they should not worry what they are charging the client. If ppl are worried abt billing rate, work as a contractor.

    This is bad news for us all irrexpective of whether we work for desi dalls, Big 4 or Infosys. It can hurt us anywhere anytime based of what USCIS interprets of our application.





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  • snathan
    01-22 05:40 PM
    Wow, you have a great suggestion for him, I am sure he took your suggestion and did the right thing, do you have a similar suggestion regarding immigration to Obama ?, if so you better let him know what you think, you seem very open minded about giving suggestions.

    Please read all his post first and you will understand the reason for this comment.



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  • samay
    07-14 07:12 AM
    Is there certain minimum numbers of days one has to stay with the sponsoring company after getting the Green Card.
    In my case I have been working with my current employer since Sept-2001 (almost 7 years).
    Green card labor started in Dec-2001 and I-485 was filed in May and approved June, 2008.

    I was in the middle of using AC21 just before my GC got approved, hence this urgency.

    It is normally recommended to work with the sponsoring company for at least 6 months.





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  • conchshell
    07-29 01:06 PM
    I assume that all the EB2 India who have decided to go for CP route will get their immigrant visas stamped in India. I noticed that New Delhi and Mumbai consulates posts a list of candidates due for immigrant visa interview at their website by the middle of the month. May be this list can give us an idea as to how many EB2 India will get their GC through consular posts:

    This is the link for New Delhi consulate: http://newdelhi.usembassy.gov/visa_interview_dates.html

    This is the link for Mumbai Consulate : http://mumbai.usconsulate.gov/interview_appt_schedule.html

    At the links mentioned above, you will find PDF documents telling us how many Employment based (EB2) people are scheduled for an interview during August 2008.

    If we can search and locate similar links for Chennai, and Kolkata consulate, probably by mid August we would be in a position to find out how many EB2 India are going to get their GC's in August 2008 through CP route. This will also tell us how many visas USCIS has got to process/waste.

    Gurus ... am I making any mistake here?





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  • sparky_jones
    05-28 10:43 PM
    "When asked about the potential cutoff dates for EB3 India, China, and Mexico, Mr. Oppenheim said that it would depend on the demand for these categories over the rest of FY2009"

    What demand? Aren't these categories already "Unavailable" for the rest of FY2009? What will generate the demand? His earlier statements seem to suggest they have a pretty good handle on the number of cases pending and the EB categories and chargeabilities of those cases. Should'nt they already have a pretty good handle on the demand? On one hand, Mr. Oppenheim is throwing out numbers like they've got it all figured out...and immediately after that he makes a statement which implies they haven't a clue!





    soulat
    10-03 11:24 AM
    Hello,

    Firstly, thank you to the attorney for taking the time to answer our questions and to Immigration Voice for facilitating this process.

    Dear attorney,

    Is the "P" visa category considered a dual intent visa category? Meaning can someone on a P visa apply for permanent residency?

    If yes, then is the permanent residency process for a P visa holder the same as someone on an H visa? i.e., get LC, I-140 and then apply for I-485?

    Thank you in advance for your reply.

    Best wishes to you!





    chintu25
    02-13 10:55 AM
    The issue is that people speak big here - but run away when asked to come forward. How do we trust 35K members who have tons of excuses for not doing anything for themsleves and blaming IV and questioning IVs credibility?

    Ok Chandu Lets not do anything then and just sit tight...... and hope for something to happen

    I respect your opinion but now think you r getting disappointed by people not responding to IV campaigns..

    One thing that is v clear from the Feb 4th memo about fingerprint/name check
    It happend because there was al awsuit filed. I urge the IV core to atleast explore this option with a good attorney again.


    One motto

    TRY AND TRY TILL YOU SUCCEED