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  • JazzByTheBay
    12-13 05:54 PM
    ...actually makes sense...


    When an argument is held in the Supreme Court you often hear the justices asking "What if" type questions, some of them verge on being narrow circumstances, but to declare something unconstitutional can have a wide impact and is a fundamental, so it should account for odd circumstances too.

    So here goes a potential set of arguments:

    Q> What if the Congress was unable to discriminate in other categories of immigration based on nation of birth? Would that mean that in time of war, immigrants would have to be admitted from a country with whom we were at war?

    Q> Would Congress no longer be permitted to try to balance the ethnic makeup of the country?

    I agree it is unfair on individuals, on groups, and it does smell, but I doubt that it is unconstitutional. I take the pragmatic view in my prior post on this thread (many posts back).

    Extending my pragmatic view:

    Even if it were found to be unconstitutional, then Congress can always amend the constitution, and if a Supreme Court ruling affected more than just EB category, then I would not be surprised to see an amendment. Then the only advantage would be to draw attention to the issue. But you know that the anti's would just make the argument --- "Look the evil immigrants are trying to write our immigration policy", and that would be an easy argument to make so then we would see something more restrictive in the end.

    So even if we won, we would likely loss.

    Just being pragmatic.

    (I'm not a lawyer - and my H1B enforces this)

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  • Jerrome
    09-24 05:40 PM
    Scenario 1:

    Assumptions on Visa Usage by EB1 + EB2 ROW

    1) About the Volume of EB1+ ROW for this year
    (Pending + 2010) Total GC Spill over
    EB1 ALL 4050 + 4050 8100 21995
    EB2 ROW 7871 + 7871 15742 10492 (Total of 32487)

    2) This data is as of August 25 2009, So in the months of September and October approval for India and China assume overall 3000+2000 = 5000

    3) I have not considered EB4+EB5 spill over because that would be a bonus and would result in 2-3 months variation.

    4) Spill over is 50% between China and India
    China would get (16223 spill over + 2387 regular), so china would become current
    India would get (16223 spilover+2387 regular), so India would move to March 06
    5) Let us say 3000 are un-approvable so they will move to June 06
    Scenario 2:
    If the volume of EB1+ROW for this year is 50% of pending then it would result of additional 6000 visas, India would move additional 6 months to December 2006.

    Scenario 3:

    If the volume of EB1+ROW for this year is 25% of pending then it would result of additional 9000 visas, India would move additional 6 months to May 2007.

    I don�t think in any case they won�t move beyond May 2007 for EB2 India as they would not want to add more cases to the Backlog.

    In my gut feel I think Scenario 1 has 60% possibility, 2 has 30% possibility and 3 has 10% possibility/

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  • pune_guy
    07-08 01:59 PM

    I have an approved labor and I-140. I have applied for I-485 during the July 07 fiasco and also have EAD and AP. It has been more than 180 days and I am toying with the idea of using AC21 to switch jobs. Recently I got the copy of the labor approval and found that that the OCC code (17-2072.00) and OCC title (Electronics Engineer) in the approved labor does not match with the title (Software Engineer) filled in by my company. All the other details like requirements and experience is pertaining to a software engineer position. But the approval came with "Electronics Engineer" job title.

    This may be due to how the job description in the labor application is written. It does not have the word software, instead it uses the word solution such as "design, develop and test client-server solutions for semiconductor equipments". What I actually do is develop software applications to automate semiconductor equipment.

    My question is can I use AC21 to switch job with title "Sr. Software engineer", where the job is same/similar to what I currently do? The OCC codes for this new job will not match with the one in labor?

    Does this mean I am stuck? or can I change jobs and this can be explained to the immigration officer if I am called for an interview during adjucation of my case?

    I'd appreciate your opinion in this matter.


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  • Desichakit
    07-29 01:33 PM
    There are 26 E2 for bombay. Delhi data was for July. Assumption will be around 100 for CP for whole of India.


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  • Kushal
    07-27 02:10 PM
    Check this. And stop misguiding people

    MurthyDotCom : Home-Based Businesses : Inadvertent Unauthorized Employment (

    Nobody is misguiding anyone. Talk to your lawyer and find out. Amway doesn't offer you employment.
    What you get is 1099-MISC the same you get for your stocks and investments. Talk to your lawyer and find out.

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  • saileshdude
    05-29 01:03 PM
    Not just limited to Cognizant and some Big 3s(or 2s now).
    Please do not dismiss this as a tunnel vision, its a reality that will develop into a panoramic scam. I know of a guy in India who is sowing seeds of multi-national manager with a Staffing firm(Desi consulting Co) just for this purpose. Worst he has an individual contributor job with some other company that is in collusion with the staffing firm here to prove he works for the company here( I am guessing as a consultant and taxation with a ghost company of US based company in India). I could not get him to spill the beans on how this whole thing is working but he is confident and has sunk a lot of money into it. Strangely, he was disappointed when I told him even with L1A/EB1 it could take 18 to 24 months. Talk about feeling entitled.

    Mind you lot of these guys have registered companies in India already to fish for H1 applicants. We close our eyes on this one, it will break the levees and flood the EB immigration. SO never be coy in dismissing this travesty and mother of all scams that is going to follow.

    I agree. These so called extraordinary EB1 clowns need to get a taste of waiting and suffering period that many others here. I have no problem with a qualified EB1 candidate getting it but EB1 are for extraordinary ability people who really deserve it.

    IT project managers are not the deserving candidate.


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  • logiclife
    01-29 12:21 AM
    How do lawyers benefit from it? Thanks.

    Immigration lawyers have tendency to side with employers, not employees on the policies of legal skilled immigration. That's one reason.

    Another reason, even simpler is that labor substitution means extra business.

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  • arunmurthy
    09-17 03:23 PM
    I wish the statement is true.

    I think your friends cousin got the card by mistake, that does not mean that it will see a significant moment for EB3 I. The only possibility is if USICIS wants to recapture the unused visa numbers over a period of time, then EB2 I, EB3 I all move together.

    I think you are correct. Lets see how the next bulletin turns out to be.
    I just pray EB3I moves to June 05.


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  • ivgclive
    07-21 11:46 AM
    My desi neighbor told me about it recently. What are your experience with Amway Quickstar. Have you guys made money from it?

    Best way to lose Friends!

    Best way to identify Bad Friends!

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  • chi_shark
    09-23 04:52 PM
    I dont think buying a greencard for 100,000$ or for any money is wise. You already are paying enough taxes, paying legal fees.... and of course spending ur prime here waiting for a permanent resident status.
    you are buying a house. they are to give gc in return for us pumping money into the system which otherwise would not have come in

    So let them grant GCs if they feel like. Dont bribe ur way in!!
    its not about their feelings or yours... there is a law and IV is trying to change the law by a legitimate process. do not use words like bribe which refer to improper personal payments for benefits that dont belong.

    Also if one bought a home and then got a GC, lets say he sold the home right after... what abt it....!!
    the new law should decide that... the discussion is open...


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  • panini
    05-11 02:10 PM
    if you are Singhalese 40% is good for your start College, if not, you need 80% to continue for college.

    Totally incorrect. I challenge you to prove this.

    The fact is if you go to secondary (grade 6-12) school in a district that have the best schools like Colombo, Kandy and Jaffna (Jaffna used to have some of the best schools, now I am not sure), then you need to score higher than say from someoone from a backward district like Monaragala or Batticalloa that does not have good schools. This does not have anything to do with your ethnicity. It takes in to account that fact that those from areas with best schools with all the facilities have a better chances than those from less developed aras. So a Sinhalese from Colombo or a Tamil or a Muslim from Colombo needs to score slightly higher to get in to college than a Sinhalese from Monaragala or Tamil from Amparai.

    Please do not fabricate this kind of propganda. Tamils do have equal rights just as Sinhalese and Muslims in the country. The core of the issue is this blood thirsty and power hungry LTTE terrorists does not want peace. They know that they cannot survive in a peaceful situaltion. That is why thet sabotaged all the previous peace talks.

    The LTTE is right now cornered in an area less that 4 square miles. If the SL gov did not care about the safety of the civilians do you really think it is gonna take them this long to finish the LTTE. The reason is that the SL forces are moving very slowly and cautiously to minimize civilian casualties. The sad thing is that the LTTE terrorits are shooting at their own people to create a situaltion and get international attention. Isn't it ironical that the so called saviour of the SL Tamils Probhkaran now has to hide behind the saris of poor innocent tamils women to save his skin??????

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  • user1205
    02-14 11:28 AM
    I love that idea but too late now :)

    ahh, let us take this one step further, and start a "send candy hearts to USCIS" campaign :)


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  • snathan
    03-30 12:07 AM
    Lets not bring Age into the picture. Manmohan is not much younger either and has had 2 heart surgeries so far. Economy is not the PMs only job. The real power rests with Sonia and my personal opinion is that Advani is a lot more competent than her. Manmohan is just a mask of Congress. "Mukhvta".

    I am not bringing age here. By the way I believe MMS is far better than any one else. He may not be a good leader. But see what he has done for the country. He is the one who opened the country's economy. He is the one who brought in the neculear energy to the country - though we are not sure about the out come and may need to wait for another decade to see that.

    I couldnt think anythiing like this for Mr.Advani...

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  • Macaca
    06-27 08:56 AM
    At the beginning of each month, the Visa Office receives a report from each immigrant visa processing post listing totals of documentarily qualified immigrant visa applicants in categories subject to numerical limitation.
    Cases are grouped by foreign state chargeability/preference/priority date. No names are reported. During the first week of each month, this documentarily qualified demand is tabulated.

    VO subdivides the annual preference and foreign state limitations which are specified by the Immigration and Nationality Act (INA) into twelve monthly allotments. The totals of documentarily qualified applicants reported to VO, and the expected INS demand for numbers, are compared each month with the numbers available for the next regular allotment. This allows for the determination of the monthly cut-off dates, and the allotment of numbers for reported applicants who have priority dates within the newly established cut-off dates.

    If there are sufficient numbers in a particular category to satisfy all reported documentarily qualified demand, the category is considered "current."

    From this it is very clear that the number of Visas available for the rest of the FY 07 is enough to accept as many applications as can be approved in those 3 months(July, Aug and Sep).

    According to Ombudsmn report a documentarily qualified applicant is an applicant with approved I-485. The ombudsman report is a must read; most of the threads will not pop up if everyone reads them.

    The report also says USCIS can not predict these numbers accurately. That is why 10K GCs were wasted last year and 40K were exepected to be wasted this year. They moved PD to avoid the waste.

    USCIS knows the exact # of approved 485's before dates moved for June. So they know exactly when 2007 GCs will get exhausted by earlier approved ones, if at all they will get exhausted.

    I think they will retrogress dates after using 2008 quota. That is dates will retrogress in Nov/Dec.

    We can do some more analysis based on PD for june (which I don't know). What is the date set for June submissions? Thanks!


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  • raydon
    08-16 09:36 PM
    How is debating about this detention going to do anything for immigration? And things could get worse for immigrants on the health care front if they lose their jobs, if this article is to be believed (the venom against immigrants in the comments section is just too much)

    30,000 immigrants to soon lose state health insurance - The Boston Globe ( ce/)

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  • americandesi
    07-11 02:13 PM
    Dear Friends, I had it... I am moving to Canada in the next 2 months to work for guess who? Microsoft. Came to USA in 1997 for my masters, worked at Legato, Documentum and Opentext. Had to restart my GC twrice, once as the company laid me off and next for career progression. GC is still years years away. Interviewed with MSFT last month and got an offer to work in their Enterprise Collaboration team. MSFT looked at the visa mess I was in and offered me to work in Vancouver. I get my Canadian GC in 6 months and my wife can work from day one. I am abandoning my US dream for good;guess I would be satisfied with touching my 4 year old son's American passport.

    I worked for a canadian company in US and now would be working for a US company in Canada. This is globalization. True Globalization. Any for those whiners belonging to IEEE and its propoganda machine, I would like to mention that I drew salries which were above way above the norm. I am sure I would be drawing more than 2 of his programmers combined. Ron- ask your folks to learn to compete and update their skills. They probably studied studied 'history of mathematics' as a math subject in high school instead of calculus. They were happy that they had the coolest Nintendo games while many like me were burning the midnight old figuring out data structures at Berkeley.

    I hope Berney Sanders and his club of the CIR days are hearing the developments. Berney, fix the broken education system for job protection rather than building fences to prevent legal workers to come to this gifted country. More companies will leave for nearshore if the mess continues. Fix the system by closing the H1B loopholes that a small percentage of companies are exploiting. Don't bad mouth the H1B system which has given you so much talent that you could have never groomed, the talented individuals who have contributed to the society, social security system and what not. Patch the holes in the fence, do not erect a higher fence for which people need to pay $ 5000 to cross. And by the way if you have the inclination and the time- fix the broken LEGAL High Skilled immigration system.

    You need not give up your American Dream. Once you get your Canadian Citizenship, you can work in US indefinetly with TN visa.


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  • thomachan72
    01-13 09:39 PM
    Do you think with a cordinated effort on part of the IV members that we could/should write a well drafted letter to the USCIS to not target H1b worker for the cause of unemployment. Highlighting the various well researched articles that clearly say that H1b creates/retains jobs and the more they target H1b the more employment is affected. The real problem is outsourcing.
    I am just trying to put a thought out into the forum. Let us see what the IV leaders say. Somebody said that AILA was working to halt this process maybe we should write to them and extend our support first??

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  • vdlrao
    09-17 02:03 AM
    I got the below numbers from the PERM FDLC site for the applications filed in 2005 and approved in different years of 2005,6,7,8
    2005 India 1353 (filed in 2005 and approved in 2005)
    2006 India 3888 (filed in 2005 and approved in 2006)
    2007 India 60 (filed in 2005 and approved in 2007)
    2008 India 10 (filed in 2005 and approved in 2008)

    Total 5311
    5311 for both EB1-5 : So taking 50% for EB2I - 2655
    GC : 2655*2.5 = 6637 ~ 6500 (considering lucky 2008 Aug-Sep approvals, 2009 Sept)
    These are the right numbers for the 2005. Thanks for tempgc for doing this. And the corresponding numbers 3888, 60, 10 have to be deducted against from the years 2006, 2007 and 2008 respectively.

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  • immi_enthu
    07-26 07:32 PM
    we dont need to work after 40 we will move to Florida with all the money we make , stop stalking people , stop working just enjoy everyday on the beach and big mansion bought from the savings from the regular job and live off of free $xxxx/month earnings we make out of Amway/Quixtar . Where as you guys will be slogging in 40's and 50's

    08-16 04:16 AM
    To all the wannabe americans and GC aspirants, dont forget where you came from. You are nothing but 21st century cheap labor. Just do the right thing!

    04-21 04:50 PM
    I could not stop laughing.....What this lady will discuss ???? People who should be discussing this have been sleeping so they sent this lady, how funny...

    Prez Patil to discuss anti-terror strategy with Spain

    Madrid, April 21: Forging bilateral strategies to combat terrorism, boosting trade and investments and consolidating ties with the European Union will be high on the agenda as President Pratibha Patil starts high-level parleys with the Spanish leadership here on Tuesday.

    Patil, who arrived in Spanish capital last night with a delegation comprising Minister of State for Commerce and Industry Ashwani Kumar and senior officials of the Ministry of External Affairs, will hold meetings with King Juan Carlos I and Queen Sofia later in the day.

    Maintaining that both Spain and India are victims of the scourge of terrorism, the President told reporters onboard her aircraft that the two countries share the common challenges and the common determination to strengthen the forces of peace, security and development.

    Though the issue of terrorism will be high on the agenda of deliberations between the leaders of India and Spain, "it has to be seen what the other country brings to the table during the talks," officials said.

    The visit comes in the backdrop of reports of presence of al-Qaeda's network in Spain, which is also suffering at the hands of Basque group ETA, which has been identified as a terrorist outfit by the Spanish government.

    India and Spain have agreed "in principle" to work closely on bilateral strategies to combat the menace and the process is "underway", Kumar said.

    Bureau Report

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