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  • BharatPremi
    12-13 05:22 PM
    In short, you cannot challenge the law itself but, can challenge how the law is interpreted.


    In general terms, yes that is the case and it should be. But what if some law is in direct conflict with the main theme or part of the constitution ?

    Like here EEO bans consideration of country of origin but EB based immigration allows per country limit. Both concepts/practice are really attached with "Employment". :confused:

    And all laws are really covered under the power of constitution? If not than where this one (per country based) lies? Constitutional OR non constitutional?





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  • eager_immi
    07-12 10:20 AM
    I think this all depends on individual application. I got a letter stating "no further documents were needed." I did not submit any TOEFL scores. I just sent them a letter detailing that my husband and I work for Fortune 500 and have been in the US for over 10 years. I also stated that my daily work includes interacting with high level executives, c-suite folks all the time. My work entails writing reports, issuing memorandums etc. My letter from employer also stated that my ability to communicate in English is equivalent to a native speaker. But I know sometimes it does not work it all depends on the individual who is accessing your case. Just one pointer make sure the letter is well written, free of grammatical errors, and you have spent several hours editing and re-editing it. I have seen lots of posts where people have uploaded the letter they sent to the embassy, but the English was very poor.

    They asked me to submit IELTS test results inspite of submitting TOEFL score (108/120) and english proficiency letter.





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  • ujjwal_p
    05-11 05:00 PM
    I completely agree with you.

    As a Tamil, I too carry the Indian passport with shame and can't wait to see the day when I become a US citizen.

    Let me be the first to say, all the best to you to get the US citizenship fast... and more importantly good riddance... And all the best for Americans to get a model citizen like you. By the way, I hope you do know about the oath you need to take to become an American. Hope you do that sincerely and are not narrow-minded then.





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  • vamsi_poondla
    02-14 02:48 PM
    chandu...have u read the lawsuit outcome? do u still think that an administrative fix is easier to achieve than a lawsuit? lets say it comes down to either/or...either a lawsuit or an administrative fix...which one would IV support?

    This is not admin fix versus law suit. We should continue with admin campaign as we do not know the lawsuit outcome. Admin fix will give immediate relief for thousands of immigrants.



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  • swo
    07-13 11:46 AM
    My friend bought a house at the Elginton and Avenue in Toronto for $350K in 1998. The house is now worth $950K.

    My sister bought a house in Markham in 2005 for $265K and it is now worth $325K. That's almost 20% in 3 years.

    This must be the stagnant Canadian real estate market you are talking about.

    The recent growth in the US real estate market is the highest escalation in US history. It is well recognized as a function of the earlier tech bubble and loan availability. Some people are also now expecting severe consequences econonically because of it. Housing is almost certainly likely to return to normal growth patterns moving forward.

    By the way, todays headling on the money.cnn.com homepage is "Housing slump gets longer, and longer ..."

    I'm done debating with someone that comes up with "symbolic examples", is unable to present a single coherent argument, unable to cite statistics, unable to even say they've lived in Canada.

    Good Bless America. And Canada. And Australia. And India while we're at it!

    That was a symbolic example. I meant to say that in Canada Housing is just meant housing not the investment. Here in capitalist market housing is never been a housing alone , prime motto to have housing is investment. If we might be debating this 3 years back on this forum ( In booming Real Estate market, yep, US GC Process was sucker then too :) ) you would not have anything against US real estate market to argue about. And that's the point. Housing market here too has cycles and if you wait out patiently you would have appreciation in a scale that normal Canadian may have to dream about.
    And that is the point. If lending industry seems to be loosely controlled to you in the USA then yes there are ways to deal with it. You have to learn them. In Canada, in your terms, so called "Good loans" has kept Canadian economy "Welfare economy" only. To progress dynamically any country should have economy to be able to have kicks in, and USA market has that capacity. Today you are ranting about bad housing in USA... agreed, but seeing your signature, it seems that you never want to leave USA and with your claim "to love USA", I believe you will still be around here for years debating with me.. (wait, let me go grab a cup of cofee.:) .. I also need "Dynamic Kick" to debate with you) , I will be able to show you how much appreciation average american can have on average home. Did not you hear NPR yesterday? Housing market is coming back. Now housing is always the prime factor in any economy and so I choose that example. More or less it is true for every industry except oil in Canada. And mind that this forum is not to prove where the housing is better and so I do not want to go into minute statistical detail but most people in Canada and USA except yourself would agree with me.





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  • weasley
    07-31 07:07 AM
    Thanks Thampi. Someone does not see that as funny as you. Gave me two reds. But I dont care. That was a just a joke and I did not belittle anyone.

    :D:D:p:D Very funny. I just love this thread. For a moment we can forget about the stupid GC fiasco.



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  • Jerrome
    09-25 02:53 PM
    I don't think in any year EB2ROW has got 40K GC in the past, even when the economy was in good shape.

    Does anyone has links for the annual GC issuance per country/per category for 2008. I missed the link.

    The worst case scenario would be 20,000 max. That means EB2(I) will move to Mid or3 rd quarter of 2006 by end of 2010.



    using following report
    NAFSA | Resource Library | Selected PERM Program Statistics - Jan 2009 (http://www.nafsa.org/regulatory_information.sec/regulatory_document_library.dlib/employment-based_immigration/selected_perm_program)
    http://www.nafsa.org/uploadedFiles/selected_perm_program.pdf?n=2558

    Using the report from 12/31/2008 (did not find a newer report)

    PERM received: 20,752 (18,863 electronic; 1,889 mail-in)
    PERM completed: 4,571 (3,074 certified; 1,328 denied; 169 withdrawn)
    PERM pending : 53200

    For next 3 quarters we assume they receive 10K applications and approve 5k each quarter we get PERM pending (53200 + 3 * 10k - 3 * 5k) = 68K pending PERM.

    For this 68K, i am expecting 30% from India and 10% from China and 20% from EB3-ROW. We get 27K EB2 ROW PERM pending.

    If 70% of them are approved and apply for I-485 with 1.2 dependent we get approx 40K I-485 applications in EB2-ROW.

    So in case all PERM backlog is removed we will get 40K more EB2-ROW applications. Worst case scenario.





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  • deepakjain
    01-22 04:17 PM
    Deepak, are you a consultant or FTE?

    I work on full time basis. have pending 485 and do have EAD and AP, per my attorney decided to get visa stamped on my passport so that do not have to renew AP and EAD every year. I do not intend to leave the employer neither does my employer has any intention of kicking me out.



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  • grupak
    02-12 05:37 PM
    To fix the problem for everybody need both (1) increase in visa numbers and (2) remove/increase country quota, IMHO.





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  • bfadlia
    02-15 04:38 PM
    America is about freedom and liberty and is a law abiding country. Country caps is discrimination with people of two countries which have almost half of the population in the world. I am not saying increase visas for India or China. I am only saying increase the total number of visas and then make the system FIFO so that every skilled person in this world have same access to immigration.

    Finally an honest admission. You finally say there are more Indian and Chinese here because they have huge population.
    If you can't see the insult in keeping to say "best and brightest" then I would have wasted my time.



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  • northstar
    07-21 01:16 PM
    Because of all these experiences, even when you genuinely smile or strike a conversation with a desi, he/she first suspects you to be an ammway guy. I face it everyday, being "outgoing extrovert" in nature, I tend to smile and talk to people in elevators, walkways, malls, restrooms, groceries etc... which is mostly casual fun stuff and most times desis suspect that I am a ammway guy and cut me out harshly.

    That is so true chandu, a few bad apples are destroying the social fabric of entire desi community.





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  • Nikith77
    06-17 02:49 PM
    lets not fight between ourself. Let us be happy to see someone is gettting their GC,s



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  • ramus
    06-26 08:58 PM
    Very well said... I totally agree with this. I am sure DOS know how many application they can expect by making the date current. But they don't know how many of these could be approved by end of this fiscal year and they don't want to loose visas as they have in past.
    This is the reason they made all date current. Even if they receive 100K application on July 1st, I don't think they will make any changes unless they approve 40K visas. They will at least have to wait till August to push back dates.


    And in worst condition even if dates going to move back on July 2nd, can you anything about it? I would say just do whatever you can by getting your application ready. I am sure somebody will come with new rumer saying thay if they receive tons of application on first day they might do lottery..

    Guys spend time on action alert rather then spending time on this thred.




    It doesnt say anywhere that they can change PDs in the middle of the month. What they are saying is that based on data collected from the "total number of files at point of approval" they can change PDs. But it doesnt say that they can change PDs in the middle of the month.

    If anyone has a URL or source of information that shows the USCIS stopped accepting petitions in the middle of the month even when the dates were current, PLEASE POST THE URL OR SOURCE.

    Otherwise this is bogus information coming out of certain law firms.

    And this community is so scared that they have started seeing what they believe rather than believing what they see. The cynicism and psychosis has reached such alarming levels that people are seeing things even in Ombudsman report that dont exist.





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  • logiclife
    02-12 01:17 PM
    I have seen this dog and pony show one too many times. Every year, people think that next year's quota of 140,000 will cause the dates for India and China to go forward in the October Bulletin. October will be the end of misery.

    Each year, in October bulletin, for India/China EB3, the dates are either stagnant or they go back to 1998 or 1999.

    The thing is, as long as there is this per-country quota rationing of green cards, ROW folks will keep moving to the HOV lane and each year, in Oct to Dec timeframe their dates will get current and they will get GCs.

    And each year, the dates for India and China will keep yo-yoing between 1998 and 2002, will never move forward, because if per-country limits are applied to 140,000 greencards, then there is very very little leftover that flows to India/China.

    So without an increase in Quota or without removal of per-country discrimination, nothing is going to happen either in Oct 2008 or Oct 2009 or Oct 2010. It will keep fluctuating between 1998 and 2002. That is the bracket for India and China.



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  • eb2_mumbai
    09-15 03:10 PM
    Since EB2-I is slowly catching up with EB2-C, future spill overs will be split between the two categories and not all will go to EB2-I.
    you are correct India will get only 50% of sipill over numbers and we need to take into account how many China applications are pending (perhaps there are more China apps than India in EB2)





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  • samay
    07-15 05:36 PM
    I have a general question on an option in case of I-485 denial. I know that if underlying I-140 gets denied, I-485 is also denied. My question : is the vice versa true. ? If I-485 gets denied, will I-140 also gets denied.?

    If I-485 is denied (AC21 issue for example), can an applicant choose Consular processing on existing I-140, assuming that it is not revoked? Just like if COS is not granted, applicant leaves country and goes to consulate for stamping ?

    I do not know the specific facts of your case but the denial of I-485 can be appealed successfully. Therefore if your I-485 gets denied your underlying I-140 does not get denied.



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  • eb3_nepa
    10-23 03:39 PM
    Now can the company SELL this Labor certification? Can another company BUY such a Certification? I have heard a lot on this site about LC substituion and how they are sold/bought at a premium. How does all that work. Is that even possible?





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  • deepakjain
    08-15 10:12 AM
    I am sure the immigration officers might have got news about people from India make illigal entry into US when they come as part of some drama, dance, shows.

    Many "extras", dancers, musicians have vanished after landing in US.....check any local desi Indian resturant, kirana stores those desi working there are all illigal immigrants....it is not only mexicans but many from northern India states are here as illigal immigrants ....

    the easiest way to make entry into US, Canada is landing here as part of a show troop....few famous Indian personality have been detained and proved that they were tainted in human traffacking....Ministers, Movie Stars, SInger, Musical show organizers ....

    Many Desis have vanished in UK, Germany, Holland, US, Canada.... {I am not saying SRK is involved in Human Traffacking ...but Indian are and show is the most common option}





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  • alisa
    02-13 08:05 AM
    This is great!!!

    All my Indian friends who were fighting with me over the (1 or 2) unused EB-2 visas from ROW, well, you can have them my friends. I ain't getting any of them anyway.





    addsf345
    05-29 04:22 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

    still ppl feel pulling others lag would get them GC - this commnity can never be united!:confused:





    ganguteli
    03-28 12:33 AM
    http://news.rediff.com/column/2009/mar/27/guest-column-tarun-vijay-on-dynasty-and-the-varun-effect.htm
    Those who opposed the Ayodhya temple movement, wore silence over the plight of Kashmiri Hindus, damaged the Ram Sethu [Images] and denied Lord Rama [Images] ever existed, denied the violence at the Godhra railway station, and embraced the butchers of 1984, are collectively gunning at Varun Gandhi's [Images] political life.
    Column after column by Padma Shris in the media have created an atmosphere where supporting Varun has become a sin. Why? The simple reason is that the farmhouse of Gandhi-Nehru politics has been broken and a scion of the family chose to speak out as his conscience directed.

    More than what Varun said or didn't say, it is the hurt and bewilderment over the loss of a Gandhi to the saffron brigade that has made the media and anti-Hindutva politicos react with such venom and acid. He was not heard, not given a chance to present his case, nor did forensic experts examine the so-called proof in the form of a CD containing his speech.

    Varun has suddenly dwarfed the media-supported Rahul.

    Nobody has ever heard a dynasty member to say with understandable assertion that he or she is a Hindu. Rather, they have always tried to look differently at things. They banned Hindu organisations, imposed the Emergency, removed basic human rights, never willingly facilitated the Sikh massacre probe, rewarded hardened criminals, made alliance with those who were convicted for murder or were facing scandalous charges, had the Muslim League join the government after Partition. Yet, they are nice, decent, peace-loving, patriotic democrats who love to tell others: 'Go read the Gita.'

    When Indian soldiers were fighting Pakistani marauders in 1947, we didn't have enough jeeps. So orders were placed with the British company and supply demanded immediately. Our high commissioner in London [Images] V K Krishna Menon, Pandit Nehru's [Images] blue-eyed boy, messed it up. The jeeps reached a year late.

    That was the first scandal in independent India.

    We lost Gilgit, Baltistan and Skardu. We lost Aksai Chin because the government in New Delhi [Images] didn't know the exact boundaries and so no patrolling was being done there.

    In all we have lost 125,000 square km to the Pakistanis and Chinese during Congress rule.

    Plus we had a bad dream called 1962.

    At that time our ordnance factories were making coffee machines as Pandit Nehru openly argued against having a well-equipped large army for defence. 'Who is going to attack us?' he would ask.

    And people still remember the mysterious death of Dr Syama Prasad Mookerjee, who simply wanted Kashmir to be a part of India like Bihar or Bengal and the permit system to enter the valley be abolished. Kashmir had two rulers then, its ruler was called Sadr e Riyasat or 'head of state', and it had a prime minister. Mookerjee's martyrdom compelled the Nehru government to remove the permit system and the two heads of state.

    Then we had the Mundhra scandal, the Nagarwala case, the L N Mishra murder. The Jana Sangh's fast-emerging leader Deendayal Upadhyaya was murdered. A Congress leader canvassed openly against the official Presidential candidate and supported her own choice as independent nominee. The original Congress symbol was a pair of oxen. After the official Congress broke up, they got the hand as a temporary symbol till the case is finally settled. It would never be.

    Opposing Sonia Gandhi's [Images] sudden rise in politics only on the grounds of her foreign origin were leaders like Sharad Pawar [Images] and P A Sangma. Old Congressmen still feel sad that they lost dynamic and promising leaders of substance like Rajesh Pilot, Madhavrao Scindia and Jitendra Prasada, who could have steered the Congress on an entirely different and strong nationalist course. And a veteran like Sitaram Kesri was humiliated no end.

    The only non-dynasty prime minister to run a Congress government for full five years successfully was insulted even in his death and his body-in-state was not allowed to enter the Congress headquarters in New Delhi. An airport in his home state to be named after him was opposed to by Congressmen although the proposal was put forth by an Opposition leader.

    This is how they treat their party leaders not belonging to the family. They amended, abused and twisted the Constitution, put the entire Opposition behind bars for an undisclosed period and were harsh on the unyielding masses.

    Yet, they are the democrats and secular lighthouse of freedom of expression and liberty.

    They kept India backward in such a planned manner that even after 62 years of independence we are yet to have a spacious functional airport in the national capital, 70,000 farmers committed suicide in one year, decorated soldiers returned their medals in protest and a movie on our poverty-stricken 'slum dogs' fetches the Oscar. And they loved illegal infiltrators for the sake of their votes -- and still they say they are the inheritors of a freedom struggle that demanded the ouster of aliens.

    No electoral reforms, no police reforms or strengthening their morale and weapons, the administration is still run the way it functioned during the Sahebs; and despite having won a well-fought war in 1971 we couldn't settle the Kashmir issue or control the jihadi tail-wagger in the neighbourhood.

    Minorities were so well supported in Congress regimes that in the sixth decade after independence they felt a need to provide special crutches for them. Show the 'M' card and get the privilege, became the new secular psalm, further shrinking the space and opportunities for the condemned majority.

    More than anything else they tried to wreck the morale of the assertive Hindus who faced the onslaught of invaders for 12 centuries with unparalleled bravery and with invincible spirit to protect their culture and the fragrance of the land. They deserved to be comforted most after a fractured independence and a massacre that was thrust upon them by a weak Congress leadership. Yet, a large section of Hindus today feel cheated and anguished.

    They form governments in 12 states, prove they can run the country beautifully with a coalition of 25 parties with diametrically opposed ideologies. And one of their Swayamsewaks unfurled the tricolour six times from the ramparts of the Red Fort [Images] as the prime minister, impressed world leaders and the international media with a record of infrastructure-building, communication revolution and women's empowerment, chose a Muslim to be the President and conducted Pokhran II by fooling the CIA's 'eyes', and resisted extraordinary world pressure and sanctions.

    Yet, they are called anti-development, anti-women, even anti-social. In not a single so-called mainstream media outlet are their views published, but every news item is scanned to hurl stones on them through editorialising on the front-page.

    Still, they are the very objective face of our independent media.

    The choicest abuses used by 'decent guarantors of the freedom of expression' columnists and editorial-writers can be collected as a bouquet of India's uncivilised lexicon, yet their films against the very spirit of Hindu nature get widely supported by a regime that survives on Hindu money and votes.

    Their love for development and secularism is so deep that they can send dredgers to destroy a million years of faith and marine life because that was Ram Sethu, but won't dare to touch a six feet by six feet dargah in the middle of the road blocking the highway and causing accidents, for fear of annoying a vote-bank.

    And then they say, they are the future of India.



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