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  • roseball
    05-24 05:46 PM
    All H1 filings which now pay a fee of $1500 or $750 will be asked to pay $10000 or $5000.....It does not apply to the H1 exempt institutions....





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  • JulyFiler
    08-14 07:23 PM
    I agree completely with the OP. Education should be rewarded. People with higher education should be rewarded likewise. PhD > MS > B.XXX. If you have done masters and possess higher qualifications but had to apply in a lower EB category it is your problem or the job you applied for does not require higher qualifications. Either way, it is not USCIS prob.

    I also agree with the fact the OP mentioned that MS folks and PhD folks who sweat out eventually end up losing more financially. This is the first time I am seeing some relief/reward for higher qualified people. I have seen people (have friends too) who came in 2000 straight on H1 and have been making big bucks since then and stuck in EB3. I have seen my friends port to EB2 and get GC. All this makes me feel like I have wasted 2-3 yrs in getting a masters. It is time we got rewarded. This does not mean I want others to be punished. I am saying people with higher qualifications need to be rewarded.

    Chanakya has posted very balanced views. Good job man. Lot of folks are bitter and have misconstrued your arguments and jumped right in to attack without even thinking.

    You are also right that very very rarely do you see a mature discussion in these forums. which is why I just keep away. I just laugh at the sillines that is often displayed here. People dont want to see what they dont want to see. Just few minutes back I saw a post where the OP claims to have entered the country in 1999, applied in 2004 and got his GC. He says he "has been waiting for 8.5 years". thats silly. he applied in 2004. so the wait is only 4.5 yrs. If that was the case I came to this country in 1999. I should have gotten the GC before his. should I crib about it now?

    Btw, I am in EB2. I made a choice to do my masters expecting some benefits. What use is the degree if it doesnt benefit me? No one would be going for MS and PhD if they are all same.



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  • EkAurAaya
    11-01 07:04 PM
    Let us all have a rally to move back to our countries on 4July2008 to symbolically show that we want our Freedom and Independence and never return back.
    If all the articles about reverse brain drain we are reading about is true they would do something to solve this GC situation. Otherwise the anti-immigrants will come to see us off while we depart this country and never to return back as H1B's trying to get GC's and live here. This will go into history, 30yrs from now and our grandchildren will read about it. And may be we will get some special pension at our home countries for returning back and helping it to do better.

    Please take the poll to indicate if you would participate in this QUIT AMERICA MOVEMENT FOR OUR FREEDOM AND INDEPENDENCE

    I don't want to discourage you... but sorry i have to say this :D... I really hope you set an example by going back, but your blatantly obvious lack of intellectual acuity will not result in any brain drain... so the net result of you going back would be a simple one i.e one less in the line for GC ;) (not sure if you have dependents - actually not sure if you are waiting for GC)

    Good luck with your (perhaps short sited) future endeavors, do keep a log of your journey I will definitely read it :) start a blog... ;)





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  • sc3
    09-24 12:42 PM
    Well, you did not give your easy example, nothing about affirmative action, nothing about representation or overwhelmed by Indian and Chinese thing, and absolutely nothing about preferential treatment. So in-effect, you totally skipped the entire debate, I guess my trick played well, you are now overwhelmed by Frank Caliendo, just as you are overwhelmed by Indian or Chinese.

    And while you "hinted" that we are all equals, you did not say - if we are all equals, then why should there be PREFERENTIAL TREATMENT for one group of people over others, unless someone is still practicing APARTHEID. Last time I checked, practicing apartheid is a crime in US and it can land you in jail, not sure if you knew that.

    And while you continue to apply for your green card, you are still charging "India" for that because as per you, your country of charge-ability is India, right? If you are actually from India, have you ever heard of Ron Hira. If not, check it out, you will know who he is. You are Ron Hira of country limits, if you know what that means.

    Hope you liked the stand-up comedy this time. Oh Frank is just too good. I mean this guy could make you laugh when actually you should be crying, you know what I mean.

    Sanju, I did not promise to give you any more examples - easy or otherwise. People have made up their minds, and arguments against the stand devolves into character assassination. While I myself dont care about the dots, and seeing that the discussion started off, at least in part, about unscrupulous distribution of dots, I find it very ironic that I am getting insulting words thrown at me. Either these people cant understand irony, or they really are just learned "angootha-chap", or they are addicted to red-doting people (pretty much bringing the prophecy of the original poster true).

    Ron Hira? I dont know much about him, just saw that he wrote a book about outsourcing, am I Ron Hira of per country limits? maybe I am. But, you assumed that I like the per country limits. I hate a lot of things but I live with it. There are lot of things that we hate but are there to help regulate the environment (among others).

    The point I am trying to make is that such an action will not be "fair" to people who are in queue (who rely on the 7% cutoff to get their GCs). If the congress makes changes to the rule, then people will have to live with it (fair or otherwise)... by the way, most rules are not made to be fair to everyone. But the thing is such action will have a negative impact on ROW, and it is a pity that many ROW dont realize it. They seem to blindly following IVs call of action. There is some saying about blind faith that escapes me at the moment, but the bottom line is that blind faith is a dangerous thing.

    So am I escaping form expounding on my thoughts. Yes, and No. I think I have made succinct argument (based on the laws) as to why things are as such, so I dont see the need to argue further.



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  • dixie
    02-14 01:49 AM
    Spot on. i think the anti-immigrants grossly magnify the hue and cry over H1-B abuses. Most americans dont know what H1-B is and nor do they care. The only immigrants they have heard about are the illegal kind. Ordinary americans are mostly indifferent to legal immigration. Politicians care first for their votebanks (present and future) and second for their sources of funding aka corporate lobbies. They are the ones who have the ability to make a difference.

    I think many a times we over analyze things. It does not matter what the common people think about legal immigrants. Most people do not care. Even if they do, it does not affect us in any way, because rules are made by politicians not by men in the streets. And most polticians do care about immigrants, but only the illegals ones, because it is their future vote bank. For legals the only hope is companies like Microsoft, with a big fat wallet. Just pray that the economy keeps going at the current pace or else there could more trouble for us.





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  • rb_248
    03-14 09:57 AM
    D. INDIA EMPLOYMENT SECOND PREFERENCE VISA AVAILABILITY

    Section 202(a)(5) of the Immigration and Nationality Act provides that if total demand will be insufficient to use all available numbers in a particular Employment preference category in a calendar quarter, then the unused numbers may be made available without regard to the annual �per-country� limit. It has been determined that based on the current level of demand being received, primarily by Citizenship and Immigration Services Offices, there would be otherwise unused numbers in the Employment Second preference category. As a result, numbers have once again become available to the India Employment Second preference category. The rate of number use in the Employment Second preference category will continue to be monitored, and it may be necessary to make adjustments should the level of demand increase substantially.

    May be EB2 India and China can see some movement in July VB published in June.



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  • sanju
    09-24 12:08 AM
    so let me understand it, you are saying that you don't agree with something that's why it has got to be wrong. Its not wrong because it is wrong, but its wrong because you don't support it. Is that right? And because you don't support it, it has got to be unfair and that's why its wrong. Isn't that what you just said?


    I made the post there. Since you are making some funny comments along with clarification, not sure if you are really looking for the information. But here goes

    1) Removal of per-country quota: Claimed to be fair for everyone. Not really. It only helps Indians and Chinese. ROW will see a serious degradation in the time they will get their GCs. I am sure there will be lots of bashing based on this, but the fact of the matter is that such action is not suitable for non I/C applicants.

    2) The Rich guy comment is based on the latest (supposedly supported by the CORE no less) action which is to ask for legislative changes if you have money to throw in to buy a house with 20% down.

    So yes, I do stand by my statement that IV is devolving into less than general purpose immigration group.

    I am EB3-India, yet I dont support the removal of per country limits, as there is a reason for the diversity rule, Indians and Chinese are currently on the wrong side of the equation so it seems "fair" to remove the quota.





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  • humdesi
    01-31 02:58 AM
    Labor subst is not the real problem; atleast it looks like a small problem now compared to the other one - people jumping from EB3 to EB2 with PD intact. I don't know if this is possible. But if possible, expect HUGE retrogression for EB2 india. I suspect it'll go back to sometime in 2001 - and stay there forever. Indians with PD 2003 or later, even EB2, can kiss their greencard dreams goodbye.



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  • Mayday
    04-03 02:00 PM
    In this case the guys as he "claims" appears to have come here without employer calling him. And is trying to complain against. Who will be screwed up. The employer can easily say he anticipated, but no project no, so didnt get the guy to US, as its legally allowed not to get.
    Again, I STRONGLY feel this thread, and the similar, are all in an effort to divert our attention. Just stop these by not bumping them, with our comments. Let mine be the last.

    Robert, you are WRONG in your position. Actually it is not my vision of situation, it is vision of the USA law.

    Empoyer MUST HAVE WITHDRAWN H-1 if H-1B job was no longer available and he DID NOT. He did not promptly respond to the employee, so employee had to stick to the pending agreement and COME to the USA on the designated date, for his own money.

    After employee came to the USA employer benched him unpaid, still not revoking H-1 or paying salary as he is supposed to do by the LAW.

    Now he must pay employee's tickets to and from USA as it is also required by LAW.

    Probably it's kind of costly for just "silence" in the email, but it may be VERY costly for the employee to come - as he may had to end his lease in home country, cheaply sell furniture or have other damages connected with this travel.

    Also there is still a possibility, that employer is a fraud, who takes $4000 from employees, applies for visa, and regardless of it being approved or not keeps $2000 from every such application. It's not that little if he applied for let's say 10 or 20 employees.

    So I think Alex MUST report the employer to DOL.
    Alex should also file police report to check if there is a fraud going on.





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  • pthoko
    06-19 12:45 AM
    IMG is very good but they dont cover pre existing conditionsl.

    Hi,
    What do you mean by IMG is very good?? Could you please elaborate??

    Thanks



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  • forever_waiting
    04-22 07:59 PM
    Nope. You are misunderstanding the point again.
    The Article clarifies that that Congress has the power to regulate immigration. they used the power and created the INS laws we have today, which as per Congress is the hallmark of US immigration. We have to change those laws specific to EB.
    You are muddling immigration laws with civil rights. Your argument about the current law being in violation of ANY constitutional right is completely baseless. You did not respond to my question about how the civil rights clauses you quoted have anything to do with immigration.

    There are far too many points here to address at one go. Let me touch upon this for starters:

    The Article 1, Section 8 has this clause, regarding the power of congress:

    Clause 4: To establish an uniform Rule of Naturalization

    Are we disputing the fact that congress has the power to establish a uniform rule of naturalization?
    No. We are not. We are just saying, that the current Rule of Naturalization is in violation of the discrimination clause in the constitution, and ought to be disregarded. We are not asking to strip congress of this power, so this argument you make is not relevant. Agreed?


    More later ..





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  • rameshvaid
    09-17 12:17 PM
    6020 failed??



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  • mallu
    11-05 10:18 PM
    No LUD since Jan 2007 on I-485 application.
    No LUD since Aug.2006 on I-485 . Who can beat me on this.





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  • bharani
    11-03 02:04 PM
    caliguy,

    I sent you PM. When you get a chance, please respond to it.

    Thanks.



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  • rkumar18
    07-18 12:06 PM
    USCIS doesn't use postmark date. Don't sperad incorrect info and don't make other members anxious needlessly.

    July 2nd filers are fine. Don't worry. Just wait for your receipt notices. We have been through a lot of stress in last month and its time to relax now (for those who already filed).

    :D True we've had enough of this BS already.





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  • unitednations
    03-31 11:09 AM
    So do you think they are going after AC21 folks as a scapegoat? I spoke to few people on this including lawyers and they say that "denials on 485" when 140 gets revoked is a common thing and usually the officer who issues the denial letter does not check and verify to see other details. Thats why they have to go through the MTR process.

    That was the case when uscis would send straight denial and then person would do mtr with ac21.

    the OP and the particular case I am talking about; they responded to the notice of intent to deny (NOID specifcally said person may be elgiible for ac21 and to give job letter, etc.); however they denied it after the response was sent. It would be different story if they denied due to job mismatching. However, that was not the case. They denied stating the 140 was revoked. Basically, this is a new type of denial and may be a shift in how uscis is doing things.

    I spoke to candidate earlier and he talked to the original 140 company. They told him that their h-1b's aren't getting approved (common issue right now with vermont service center for just about everyone) and that in the clean up they revoked almost 70 I-140's for people who had left. He doesn't know if it was in response to an I-140 query or not (uscis adds up cases frequently in rfe's on the 140). When companies revoke 140 to a RFE; USCIS could be making a determination that the 140's company is now revoking were approved iun error and people are not eligible for ac21. Now; if this was the case; uscis officer should have put this in the denial but they did not.

    I'll keep everyone posted of what happens to this case.



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  • franklin
    07-13 09:04 PM
    Ok guys

    For those attending, here are some last minute notes:-


    Wear comfortable, yet smart clothes. Remember, we'll be marching for a few hours in the mid day SJ heat!
    We also request you bring some yellow or white flowers to hand out.
    Bring water, snacks and sunscreen
    Bring friends and family
    If you can, print out some IV flyers to hand out.



    But most of all...
    Bring good humor and smiles - this'll be fun!:D

    See you tomorrow!





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  • rb_248
    03-14 09:57 AM
    D. INDIA EMPLOYMENT SECOND PREFERENCE VISA AVAILABILITY

    Section 202(a)(5) of the Immigration and Nationality Act provides that if total demand will be insufficient to use all available numbers in a particular Employment preference category in a calendar quarter, then the unused numbers may be made available without regard to the annual �per-country� limit. It has been determined that based on the current level of demand being received, primarily by Citizenship and Immigration Services Offices, there would be otherwise unused numbers in the Employment Second preference category. As a result, numbers have once again become available to the India Employment Second preference category. The rate of number use in the Employment Second preference category will continue to be monitored, and it may be necessary to make adjustments should the level of demand increase substantially.

    May be EB2 India and China can see some movement in July VB published in June.





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  • immitul
    07-17 02:42 PM
    Great Job...Signed it.





    vishal
    06-14 12:10 PM
    Then there is no need to worry. FBi check is valid only for a certain period so that is the reason why they would have ordered for other check. Don't Worry you will get your greencard. But when your PD is current open a service request. i did mine when my Pd is current and got my Green card.





    wandmaker
    12-03 06:59 PM
    Micro-payments may be a better option for some people. Do we want to disallow those contributions as well? I guess we just have to make sure that we donot deny the people who want to pay but cannot.

    Every $ counts, those who plan to contribute less than 50 bucks a month, remember to set yourself a monthly reminder, your pay date will be a good date to pick.



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