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Friday, July 1, 2011

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  • gjoe
    02-15 05:06 AM
    [QUOTE=hopefulgc;223549]thats bull.... disclosure is not requored.... my dog is a member of six professional canine associations ... does he have to bark it all up.


    Are you implying that we are treated like dogs here? If your answer is yes we have a credible case against USCIS. If your answer is no then my friend ( buddy as Indians and pakis say) you have to disclose your associations.

    :cool:





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  • ganguteli
    04-01 11:02 PM
    Are you 'high skilled'?
    Your logic suggests otherwise!

    There is no word as high-skilled in the law. We all are in the skilled category. High is probably added by the media. Maybe because most people are computer programmers and it seems tough to an average Joe.





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  • snathan
    08-20 10:31 PM
    ^^^Not sure about the credibility of this news since its from TOI, but SRK seems to have bitten off a little more than he could chew! Rest assured, he will get his publicity one way or the other. :D

    SRK also equally crap to talk about...so lets give this thread rest to peace..





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  • snathan
    01-24 02:33 PM
    Just because one guy is pointing out fraud in H1b he is not anti immigrant. Can you call entire congress is anti immigrant just for passing TARP restriction unanimously? But still we are optimistic of getting support from congress for EB reform. 99% of H1bs will not be impacted by this memo if that is implemented properly. For example even if USCIS does not approve h1b because he is having multiple layers of H1b still that position will be open and that can be filled by H1b person who is placed directly. The person who impacted by this memo will suffer a few weeks and he will find another job. Basically it will not impact H1b program or H1b persons. Even after the memo many H1bs were approved with third party consulting. Can you tell any denial based on the memo? But I am seeing many RFEs for H1b applications without client letter. That is normal and no one complaints about that

    Do you mind to tell us in which category you got your GC?



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  • lazycis
    02-14 12:58 PM
    Galvez v. Howerton 503 F. Supp. 35, 39 (C.D. Cal. 1980)
    http://boards.immigrationportal.com/showpost.php?p=1838094&postcount=14843

    "Plaintiffs herein allege that officials of the Immigration and Naturalization Service (INS) have engaged in affirmative misconduct in failing to process their applications for adjustment of status to that of permanent resident aliens. They seek a court order compelling the defendants to issue them appropriate visa numbers."

    "Where there has been affirmative misconduct on the part of the INS, the United States may be estopped to deny the availability of visas to those otherwise eligible but for the government's acts. See Immigration & Naturalization Service v. Hibi, 414 U.S. 5, 8-9, 94 S. Ct. 19, 21-22, 38 L. Ed. 2d 7 (1973); see also Villena v. Immigration & Naturalization Service, 622 F.2d 1352 (9th Cir. 1980) (en banc); Santiago v. Immigration & Naturalization Service, 526 F.2d 488, 492-93 (9th Cir. 1975) (en banc), cert. denied, 425 U.S. 971, 96 S. Ct. 2167, 48 L. Ed. 2d 794 (1976). The central inquiry here is the determination whether or not the conduct of the INS, including the failure of the INS officials to understand the applicable law, the improper rejection of plaintiffs' visa applications on two occasions, and the ensuing delay, constitute affirmative misconduct.
    It is the duty of the agency to inform itself of the law which Congress has authorized it to enforce. The INS admits that its personnel were not familiar with the current statute applicable to plaintiffs' visa eligibility and thus erred in returning [**8] the plaintiffs' applications on the basis of a misinterpretation of the relevant law. This failure to act in accordance with law is an aspect of the agency's affirmative misconduct which the Court cannot overlook. Administrative Procedure Act, 5 U.S.C. � 706(2)(A) (agency action to be set aside where "not in accordance with law").
    Another aspect of the present misconduct relates to the agency's failure to fulfill a statutory duty. The INS has a statutory obligation to issue visas to qualified applicants to the full extent of the annual quota limits established by Congress. 6 The legislative history of the Immigration & Naturalization Act indicates that this duty has not been left to agency discretion, see S.Rep. No. 748, 89th Cong., 1st Sess. reprinted in (1965) U.S.Code Cong. & [*39] Ad.News, pp. 3328, 3337-38, but is obligatory upon the agency. "

    "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"





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  • krishmunn
    06-12 12:20 PM
    I wonder what Dilip was doing when he was laid off. An H1 holder is out of status the moment he/she is laid off. So, our brightest Dilip was out of status (aka illegal) during the period he was laid off.
    As is said -- illegals have a better chance to get GC then those trying to be legal.
    With such friends of prospecting immigrants you sure do not need an anti-immigrant.



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  • shana04
    10-15 03:11 PM
    I have built a very simple EB2-I Visa predition model

    Making following assumption

    15000 new EB2 ROW I-485 applications
    12000 new EB1 I-485 applications
    EB4/EB5 use 70% of allocated visa (30% spillover)


    EB2 Visa Bulletin prediction for FY 2010
    Bulletin Quarterly-spillover Annual Spillover
    Oct-09 22-Jan-2005 22-Jan-2005
    Nov-09 22-Jan-2005 22-Jan-2005
    Dec-09 31-Mar-2005 1-Feb-2005
    Jan-10 31-Mar-2005 15-Feb-2005
    Feb-10 31-Mar-2005 31-Mar-2005
    Mar-10 31-Mar-2006 31-Mar-2005
    Apr-10 31-Mar-2006 31-Mar-2005
    May-10 31-Mar-2006 31-Mar-2005
    Jun-10 15-Oct-2006 31-Mar-2005
    Jul-10 15-Oct-2006 30-Sep-2005
    Aug-10 15-Oct-2006 30-Apr-2007
    Sep-10 31-Mar-2007 30-May-2007

    Amen! I wish your predictions come true.





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  • Jerrome
    05-12 11:20 AM
    Please quote these sites where they mention what is happening in Sri Lanka is a "Genocide". What happened during WWII was a genocide of the Jews. The camps where the IDP's are kept are temporary where they are checked to make sure that there are no suicide bombers, terrorists etc. The LTTE is known to hide behind civilians and attack, like they do now from the safe zone. They are preventing the civilians from leaving the safe zone... so in effect the LTTE is committing a genocide of it's own people. If there is a Genocide then you would see it everywhere in the country, which is not happening. Half my family side is Tamil, and live in the south / central and west of the island. They are all fine and have no issues, now you go figure.

    Having said that i'm not gonna say that the SL gov is an angel, it has it's bad side and good side. I don't agree with the govt that Independent journalists should be kept away or intimidated, but coming from south asia (or any part of the world for that matter), you won't get any govt that is 100% good.

    It looks like your half family does not know what is happening in the camps. Rather these thrown out media reporters know about that in detail.

    Oh..I forgot to mention all the people who are talking in this report are LTTE and supporters of LTTE.

    http://www.channel4.com/news/articles/politics/international_politics/grim+scenes+at+sri+lankan+camps+/3126257



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  • Macaca
    07-03 09:39 PM
    sorry :D

    this one time pls allow us to post contribution thread here..
    Post contribution thread without hesitation and without apologies!





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  • jayleno
    09-23 09:18 AM
    My friend, the purpose of green card is to allow you to convert into citizenship sometime down the road. If you are not ready and willing to spend your saved money in the US and better its economy, then how can you expect the US goverment to help you?
    If you do not have enough money, then you are not paid the prevailing wage or the wage mentioned on the green card. If you do not have a job, how can your green card process still be there arent you illegal already?
    To add to all the above, as nixtor has stated, reduced backlogs help everybody.

    This is not fair and good idea. what about people waiting in line for years and invested their money elsewhere because of this green card delays or those who do not have enough money and job in this market situation. All of the sudden you are brining this idea. This is not fair. This is kind of buying green card. There is a investment based green card category available for that. I request you to go through that channel if you are rich. Not all employment based green card seekers are rich. Please keep that in mind.

    thanks,
    aps



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  • _TrueFacts
    09-05 02:20 PM
    IMV members and readers, we have been here in US for quite long and know the secret to successful life in US, just to say one: always abide by law and live your values.

    After you get your GC, you may or may not visit IMV, fine. But make sure you look at things from an unbiased attitude and uphold your values and culture all the time. Most of you might retire in your home countries, so it makes every sense for us to look at how things are back home.





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  • sriramkalyan
    01-13 07:55 PM
    My take is BODY SHOPPING is killed.
    H1Bs can work at direct employer or as an employee of direct vendor at off site.

    No more small consulting firms sending resumes to direct vendors. May be in long term its good for H1Bs.

    Mostly Desi consulting firms will get hit. Outsourcing companies like TCS,Infosys are direct vendors to big clients. They will OK ..



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  • kondur_007
    01-13 08:45 PM
    This indeed is a very bad news. It looks to me that someone is frying a bigger fish here...

    If antis target the areas of immigration that are no "well defined" so far (H1b rules is one example, another could be AC21 same or similar job and yet another could be "permanent job" after greencard), it could create a lot of problems and may even practically shut down all legal immigration.

    This will only increat outsourcing and actually hurt US economy and jobs...too bad that "blinded" politicians do not recognize this.





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  • dilipcr
    06-16 02:24 PM
    There's two themes in this thread that are interesting.

    1. A couple of members advanced the argument that retrogression is good since it weeds out the supposedly undeserving. Here's a startling quote:



    2. The question of luck.

    I would like to share our story, because it touches on both these themes: I have two US graduate degrees; so does my wife. We've paid over 100K in federal income taxes in each of the past several years and I'm now a partner at my firm; the idea that folks are stuck in retrogression because they are undereducated low-cost workers is not realistic. And there are many cases similar to ours (some of which I read about on IV). We are stuck in retrogression because we have no answer to the country-quota bottleneck.

    So, sure, retreogression may provide perverse pleasure to a select few greencard holders, but the inconvenience that retrogression causes most of us does not serve a greater Darwinian good.

    What of luck? While luck has put us in retrogression, it has favored us in many ways --- we have a great family, a lovely home, and a bunch of good friends. I am sure all of us have seen similar plus sides of luck. But luck is stubborn when it comes to the greencard: when the window opened up last year, many folks with PD 2006 were approved, while many like us with older PD were left waiting. Luck is a strange animal -- it lets you see the map of the world in your handheld, but won't let you travel freely because of retrogression.

    There's this story about luck and how one can get around it in some cases. It is not very relevant here, but here's the story: A wise man came to a village and observed a family living in great poverty. All the family had was a cow and a sack of grain. They would work very hard, but their net worth never rose beyond the "cow + sack of grain" level. The wise man, being wise, figured out what's going on. He asked the family to give away the cow and have a party with whatever grain they had. The family initially thought this advice was daft, but eventually complied out of respect for the wise man. The night after they had squandered everything, Brahma could be seen quietly bringing the family another cow and a sack of grain. What the wise man had figured out was that this level of net worth was preordained for that family -- whether they work hard or party. Not a great story to tell your kids to teach them about hard work; but provides an alternate perspective when you're stuck in line.

    To be honest, you are the kind of people, with the right attitude and qualifications, who deserve the GC and should not be subject to these mindless wait times. I am truly sorry for you. Hope the best for you



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  • Marphad
    05-19 10:06 AM
    Illusions, Thanks Bro!!

    Marphad, I have posted less than 20 posts in this forum and I have never posted anything anti-immigrant. The most number of posts I have ever posted was in this thread.

    And that was because I saw some people posting misleading information about the Sri Lankan war and I wanted everyone to see at least what I consider to be the real situation. I can't help it if people have trouble listening to different opinions and different sides of the story but this is a public forum and I have the freedom to post what I feel as long as I don't cross the line.

    In any case, I am too happy today to be wasting my time on petty stuff like these.

    Hasta la vista Baby!!!! :D

    Would you consider updating your profile please!





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  • jsb
    06-03 03:29 PM
    Where does one contribute to said lawsuit? If someone is willing to lead the effort, I'm willing to contribute a little money.

    On July 17, 2007, when USCIS retracted cancellation of July '07 bulletin, as per link below:

    http://www.uscis.gov/files/pressrelease/VisaBulletinUpdate17Jul07.pdf

    They said, ..."Department of State has advised that Bulletin #107 (dated June 12) should be relied upon as the current July Visa Bulletin for purposes of determining employment visa number availability..."

    Thus, a lot of us sent I-485 based on "visa availability" communicated herein. Can't lawyers now force USCIS to adjudicate all pending I-485 filings based on this. USCIS said in July, 2007 that visa is available for us (and on that basis we sent in our I-485's), where did it go away? Isn't it now their problem to somehow find those supposedly available visas advised in July 2, '07 bulletin?



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  • ramus
    07-03 04:23 PM
    Thanks...


    Hi all,

    Regarding the recent goofup by USCIS, please rate this story

    http://digg.com/politics/No_July_4th_Celebrations_for_Highly_Skilled_Future _Americans/who

    if this receives more than 100 users rating for the story in next 5-10 hours - it would be displayed on the first page. Digg.com is read by hundreds of thousands of web users and there is high chance of getting picked by main stream media.

    Note that you ll have to signup as digg.com member to rate it - it ll just take 30 secs of your time.

    Sorry I wasn't able to submit the official IV prlog.com url since it is not accepted by Digg.

    thanks.





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  • garybanz
    12-14 05:32 PM
    Guys,
    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.

    Thanks.





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  • gc28262
    01-13 08:51 PM
    Unfortunately some of our members are deriving some sadistic pleasure out of this development. However what we as a community should realize is this is just the first trick under the sleeves of anti-immigrants supported by grassley and co. Once consulting companies are out of the picture, they will target permanent employers with conditions like "the company should not have fired any US citizen in the past 6 months or plan to layoff any citizen in the upcoming 6 months." They could come up with additional restrictions for direct employers as well. At that point none of us will have any consulting companies to fall back on.

    Anti-immigrants are bypassing legislative process of the country by writing letters to USCIS director and forcing USCIS to issue an internal memo which is probably illegal.

    Those of you deriving sadistic pleasure out of this development, this will affect our entire community irrespective of consulting or permanent/direct at some point.

    H1B restrictions for TARP companies shouldn't have faded out from our memory in this short timespan.





    BharatPremi
    12-14 01:15 PM
    I know. I work for a prestigious law firm and I know how hard it is to become a lawyer.

    Now it definately interests me to know the reason behind your interpretation. Please enlighten us about your interpretation





    ksvreg
    09-24 12:08 PM
    Good Question though!

    Worried that the data provided is inaccurate. If they provide accurate data (+/- 10%), follow the rules, then we can wait for our dates to turn in for years. But they always do math differently than any one else and move the visa bulletin dates which no one can understand how that was calculated.



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