Thursday, June 30, 2011

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  • Canuck
    02-14 01:03 PM
    Galvez v. Howerton 503 F. Supp. 35, 39 (C.D. Cal. 1980)

    "IT IS HEREBY ORDERED that plaintiffs' Motion for Summary Judgment is granted, and defendants' [**14] Motion for Summary Judgment is denied. The Court orders the defendant Secretary of State to issue A.T. Cortes and E. Cortes Fifth Preference visa numbers and to charge them to the 1979 visa allotments"

    Good, then a precedent has been set that the lawyers can use. Perhaps Rajiv Khanna's underlings and paralegals did not do their research properly.

    I'm also wondering whether a charge can be filed in the same lawsuit for the per country limit as one of racial discrimination, or whether it would have to be a separate lawsuit.

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  • go_guy123
    01-22 02:21 PM
    I pity people who have coming to USA is foremost objective. In my case, i came to USA 7 years ago. Atleast i earned few bucks. But people who are dreaming about USA and taking education loans with the intention to payoff once they land in USA. It also includes people coming here on F1 with intention to work here. I feel really sorry!!!

    Yes very correct. I still don't get the reason for people's obsession of doing MS/MBA in US.
    It makes no sense any more. 10-15 years ago it made sense. I have have been telling people to look outside US for MBA (practiced it myself for my MBA though I did my MS in US)

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  • binadh
    07-11 12:45 PM

    Same applies to you.. If you are so crazy about Bharat, what are you doing here.... HEHEHE. Just thought that it was kinda funny statement because of your name....BharatPremi --- :D


    Even that Angelina seemed to be crazy about USA. If S/he would be happy about everything in Canada why the hell s/he even visit immigration related boards meant for USA?

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  • vdlrao
    07-24 11:30 AM
    Trust me. I was under the impression that it will be 3-4 years before I see green, but the reality is almost true for me now. Similarly, EB3 folks would get some news by next year. Who knows, the government will change and we have seen how keenly Obama wants a change ;). May be recapturing visas provision will be considered next year and everyone until 2006(EB3) may see some green. We never know. It's all magic and lets hope for the best. :D

    You are right prioritydate , there would be lot of things happen in employment based immigration in the next two years. This would cause a great relief for EB3 India including whole EB3.


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  • coopheal
    06-11 09:32 AM
    Can someone put the numbers for EB2 similar to already entered EB3 numbers on wiki
    EB3 numbers - EB3 Movement Tracking - Immigration Wiki (
    EB2 numbers (needed) - EB2-I USCIS Data - Immigration Wiki (

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  • texanguy
    05-29 12:34 PM
    I think as someone said this guy was randomly throwing numbers out there. How come his analysis does not account for remaining 36K EB1 and EB2 ROW applications. Is he suggesting that all EB1 and EB2 ROW are being used up also. Very hard to believe that for 2008 and 2009 with the way the economy is going. Lot of product companies where most of the ROW 485s would likely come from have stopped applying perm since last summer. There is a huge flaw in this analysis and its not as pessimistic as it seems.

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

    AFAIK the major movement in the visa bulletin in last 3 months (july,august,sept) is not because of spill over of the EB1->EB2->EB3 form the same country, but using the leftover visas from countries like Nigeria, Fiji, Uruguay where the applicants for EB1 & EB2 are often in less than 3-digit numbers. I am surprised that Mr. Oppenheimer never addressed this spill over in his talk at AILA -where Murthy bulletin claims that this information has came from, or may be Murthy lawyers didnt take all the notes of the meeting?? :)


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  • tikka
    07-03 06:42 PM
    both stories are top on Upcoming Stories-> drop down (Most Popular)

    for helping us with this... :)

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  • Pineapple
    12-14 03:37 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..


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  • Subst_labor
    03-16 01:24 PM
    If the prior experience was related to your field, then I don't see why not. You may want to hurry because if USIS comes with 45-day labor expiration rule soon (which they may), you may not be able to use the prior approved labor.

    arent you in conflict with chanduv23's reply? i am stuck between both of the ideas:) not worried about the bill, its not a law yet..

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  • longq
    02-14 10:13 PM
    I'm sorry, I haven't monitored the web-site since my last posting.

    Today reality hit me very hard. I am in my late thirties and I haven't had much adversity in my life regarding financial, career, family, etc.

    However; today reality really hit me hard.

    One gentlemen, his name was Raja Pitchai. He had asked me to help him file his I-140 and ask for cross chargeability to his wife's place of birth (singapore). USCIS accepted his package and his 140 got approved in a couple of months. (his priority date; india became available one month later anyways (he was from india eb2).

    He was the one of the nicest guys I have talked to. Very courteous fellow.

    They couldn't approve his case because he was stuck in name check. Well, his wife called me today and told me that he passed away last week (brain tumor). He had two U.S. citizen children but him and his wife have no relatives here.

    She doesn't seem to be interested to stay here (she wouldn't be able to keep the greencard process going anyways because the death of the petitioner is automatic denial). She is leaving USA and was going through all the things she needs to wind up. I don't know if she would have stayed here if she got the greencard and I didn't want to task. Reality really him home today.

    I need a couple of days to get over this.

    It is very sad to hear this story. Very sorry for him and his family. May god bless his family. When we here this kind of story, in a foreign land where no relatives are there, the life is so pathatic here. The reality is differnt. There is something big and important for us other than green card. The life, health and family is very important than GC. May god bless all of us.

    Once again, very sorry for your nice friend.


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  • unseenguy
    08-17 02:38 PM
    Read this before you pass comments. Even Al Gore (VP) and Ted Kennedy have been detained on US Airports. Who the hell is SRK? and just because he is an actor and looks all goody goody, you have all the sympathy. Would you have it for Mulayam/Lalu, if they had gone through the same ordeal?? No, then you would have laughed and said they ought to be. Would you be protesting the same way if Musharraf was being frisked? you wouldn't.

    So in the end you are one biased person. You cannot take a justful decision, your decision is based on who is it for. :rolleyes:

    Would Khan have fared better as Kennedy? - US - World - NEWS - The Times of India (

    This does not make any sense. If X was detained Y should also put up is not a rationale argument. Also Home land security chief apologized to Kennedy and Gore. He did so profusely.

    So ..... who is going to apologize to Shahrukh , Kalam and George Fernandez?

    If a similar tit for tat system is set up in India, how many americans would put up with that system?

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  • longq
    02-13 03:53 PM
    Before AC21, the spill over goes vertically.
    After AC21, the spill over should go horizontally. But it is not going so. There is something going behind the screen. There is some reason for DOS is doing so. The law is not gray in this respect. It can be easily litigated, if they issued less than 40,000 EB2 visas and more than 40,000 EB3 visas. Nov 2005 VB is not a law. It is a statement by DOS. The law is section 202 of INA.

    In both cases (before and after AC21) allocation of unused visas should go in a last month of calnder quarter. Both sec 202 3 a and 202 a 5 says "in a calender quarter" ..

    Before AC21

    3) Exception if additional visas available. - If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a) and (b) of section 203 for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during the remainder of such calendar quarter.

    After AC21..

    (A) EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.

    Now ROW experts, post your comment for this hypothitical example ..

    Lets assume there are 100 unused visas in EB2 catagory in a calender quarter. Worldwide EB damand is more than 140,000. Now, how will you assisn those numbers if it is before AC21 period and if it is after AC21 period.

    If you say in both cases it goes to EB3-ROW, then we are not stupid to listien.


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  • vjkypally
    09-18 08:44 AM
    That is very true that with spill over it will cross 2005 in 2010. But we should not really expect it till Sep2010.

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  • Pineapple
    12-14 02:54 PM
    So what you are saying, in other words, is 7% limit is for every country in the world (Except USA:)) correct?


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  • pankaj_singal
    05-31 05:52 PM
    whatever the case may be, until there is a VISA recapture we are not going to get our GC's anytime soon. Please admit this fact.

    What I would suggest is that we work with Indian Govt. parallely (specially people who are moving back or planning to move back) to get back the Social Security/Medicare contributions we had been making. We need to show that if we start going back we would add $$$ to Indian economy. This would also trigger US govt. to think on this issue (i think..)

    US works when there is big money involved... otherwise nothing would move here...

    Just my thoughts.

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  • Blessing&Lifeisbeautiful
    07-24 04:55 PM
    Its not the question of economy alone. When deciding to go back. Its a question about convenience.

    a) I don't want to stand in line to pay my Electric/Telephone/House Tax/Income Tax/Train Ticket/Air Ticket/Bus Ticket/Children Admission-donations/Petrol Line/LP Gas Line/Restaurant Line/Chola Bhatura Line/Samosa Line/RTO Office line/Registration line/License Line/Stock Buy line/Stock Sell Line/Bank Deposit Line/Bank Draft Line/Fixed Deposit Line/Kisaan Vikas Patra Line/Registered/Speed post Line/Blue Dart Line/Company registration line/College admission line/College fee line/University degree line/Interview Line/Booking a Car line/Beer Whisky Line/Canteen Line.

    Half the country stands in line, the other half manages the line. Neither has any civic sense.

    b) I don't want to bribe babus who manage above lines to get ahead in line.

    d) I don't want power failures/cooler failures/ac failures/broken roads/or other catastrophic system failures.

    e) I dont want fake or mixed eating oil / flour / milk / cheese / butter / peppers / lentils / rice

    f) I don't want dangerous chemical fertilizers in my produce (slow killers - massive kidney failure rate in India for past 10 years)

    g) I don't want to teach my children dishonesty and tricks of survival/street smartness (in ref to corruption in India) which don't add any value to their personality.

    h) The only reason I would wanna go back is for my immediate family and friends. Thats the only thing I miss when it comes to India. This is the major reason for a lot of us

    I wouldn't go back and I believe even MK Gandhi himself would'nt leave from Africa for India in todays times. mmmm

    Also Its the enemy within (corruption) which can cause great harm and we have that kind of enemy now. You can never ever change the attitudes which people carry in India without another revolution. True

    I am sure I can come up with a huge list of positives too, They will sound very good and will give me a great feeling of fake National Pride. I'm happy you have mentioned that there are positives. I'm not sure I agree with the "fake National Pride". We were born into our country for a reason.

    Now go ahead and kill me for saying all the above.!! These are you own opinions and I am sure many people will honor it. Afterall it is only the truth you spoke

    WOW what can I say? Well spoken!! In a lot of points, I agree with you.

    But then let me ask you something - have you been investing back home? Have you been building a house back home? Have you been putting money in a bank account/ shares back home?

    Waiting for your answer


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  • royus77
    06-28 05:14 PM
    right, and the worry (as is also noted in the AILA complaint that someone posted earlier) is that USCIS can consider the update from DOS to be the 'updated' Visa Bulletin.

    There is nothing that prevents DOS from issuing a visa bulletin at any time and making it effective then-and-there. AILA has raised concerns with this, that it is a problematic thing to do, but it seems to be well within the law. I dont think there is a chance of a lawsuit here.

    Even If there is a law suit by AILA and negotiations .bla bla ...if they decide to go for a interm memo , the first victims will be us . AILA will collect money one more time and they will be happy ...

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  • garybanz
    12-14 05:49 PM
    I am in.

    Thank you BharatPremi.

    Please respond to this post and let us know if you support us.



    I think we have spent enough time discussing this, please respond to this post if you are willing to share the cost of taking this discussion to a top Constitutional attorney. (just the cost of initial discussion...not the actual case)

    Also if some one can point me in the right direction on finding the right attorney for this question then I'll really appreciate it.


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  • Rajkrish9
    09-18 10:12 AM

    This is regarding switching job from one role to different role

    Currently I am working for an Employer A in consulting position ie., Senior Developer Role. Current Project is ending in Dec'2008

    Now I am planning to move to a different role of Management (Project Manager) to Employer B.

    what would be the better way of doing for the above said role.

    My current H1B is expiring on Nov'2008 (Six year term). I have to ask my employer to do the extn. But the employer doing is very minimal.
    I have applied EAD in Aug'2008. - I am not sure when this will arrive.

    Now I am into the state of More confusion. I couldn't able to do anything as far as in terms of career path.

    Would like to enlighten some thoughts on this situation and Thanks in Advance.


    09-04 11:54 AM
    People dying for corrupt politician..God Save India

    Dont just fool by news and be little skeptical . All system(media, politician ) is so corrupted. You never know, This may be manufactured news, labeling natural deaths across AP to Shock/suide to make easy road for his son to be CM....

    09-04 08:08 PM
    I spent almost an hr going through these massive 12 pages and concluded to support British's saying "Indians are dogs" and I want to add the following,


    We are called dogs, because we discuss things, then what are we called if we don't and accept things in India as they are.



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