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  • gjoe
    02-15 09:38 AM
    Modern Day Slavery in the 21st century

    Any person who is restricted from making travel choices, employer choice, personal choices beneficial to himself and his family, just because his employer or the goverment is restricting him in some form to make monetary benefit for itself, is called a slave.
    I have reached the critical mass in me to take this up on my own, any legal advice and moral support from you guys would be appreciated.

    Thanks

    The current situation is a gross voilation of the constitutional right of employment at will. This amounts to Involuntary servitude which is a more techincal term for slavery. Read yourself the definition of both and make your own judgement.

    In my view (though crazy and totaly impractical) the law suit should be against all the employers because they are the one who represent Govt/USCIS in processing our Green cards. Employers told us that we will process your greencard and you will be a PR in x number of years and now that x is infinite.


    http://en.wikipedia.org/wiki/At-will (http://en.wikipedia.org/wiki/At-will)

    At-will employment is a doctrine of American law that defines an employment relationship in which either party can terminate the relationship with no liability if there was no express contract for a definite term governing the employment relationship. Under this legal doctrine:

    “ any hiring is presumed to be "at will"; that is, the employer is free to discharge individuals "for good cause, or bad cause, or no cause at all," and the employee is equally free to quit, strike, or otherwise cease work.


    http://en.wikipedia.org/wiki/Involuntary_servitude :

    Involuntary servitude is a United States legal and constitutional term for a person laboring against that person's will to benefit another, under some form of coercion. While laboring to benefit another occurs in the condition of slavery, involuntary servitude does not necessarily connote the complete lack of freedom experienced in chattel slavery; involuntary servitude may also refer to other forms of unfree labor. Involuntary servitude is not dependent upon compensation or its amount.





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  • makemygc
    06-28 12:37 PM
    For July 485 filing, can I send papers in Saturday June 30th ?
    This is what I'm doing. I'm flying to Nebraska service center friday night. Will put my shelter in front on PO box and will remain there until Monday morning. Once the USCIS guy comes up to pick up the mails, I'm just going to hand deliver my paper before he even opens his mail box.

    Want to join me ;)





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  • kate123
    09-25 07:14 PM
    Here is the link:
    Visa Bulletin for July 2008 (http://travel.state.gov/visa/frvi/bulletin/bulletin_4252.html)

    Here is the snippet from http://immigrationvoice.org/forum/newreply.php?do=newreply&p=966830

    Section 202(a)(5) of the Immigration and Nationality Act states that if total demand for visas in an Employment preference category is insufficient to use all available visa numbers in that category in a calendar quarter, then the unused numbers may be made available without regard to the annual per-country limit.

    It appears that DOS does spill-over every quarter.





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  • gimmeacard
    07-28 03:45 PM
    I am not with Amway or Quixtar but I think the folks with Amway/Quixtar are under represented on this thread and it's not fair :-)

    Just to add another dimention to this thread I will play the devil's advocate :D

    Here I go ...

    You guys are all wasting your free time bitching on this thread where as we are spending all our free time growing our business. We will retire early as we would make $xxxx/month for nothing when we turn 40 and dont need to work anymore where as all you guys bitching about Amway / Quixtar will still be working hard at your jobs till 60.

    What's your response ?

    :D:D:D:D


    this is somethign heard only from @mway subscribers, sure u r not one :-)



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  • chi_shark
    09-23 12:17 PM
    they are still doing it.. as far as i know.. great rates too... the only complain i have with them is that they are SLOW.

    Has anybody really tried to get a mortgage recently? I have been denied by 8 lenders so far simply because I don't have a green card. Most lenders have tightened their underwriting guidelines. They will give mortgages only to U.S.Citizens or somebody who is a permanent resident aka having a green card. There are very very few lenders who will give mortgages to somebody on a visa and the rates may not be very favorable.





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  • sk2006
    04-01 12:02 PM
    Has anyone asked you to read this? You clicked on the link yourself. If you are not interested in this thread, why dont you read something else instead of giving a hollow suggestion.

    You Idiot,
    When you keep updating this thread it keeps coming on top.
    I ignored it for a few days and finally clicked to see what the Fuck is going on here.

    Now it seems even moderators are joining this madness.

    If infighting keeps continuing on this forum and you keep discussing non-immigration related topics here, you will never get your green card. FOCUS!

    It is strange that you all want green card so that you live in USA but pretend to be SOOOOOOOOOOOOOOO concerned about Prime Minister of India and then start blaming each other..

    No wonder NumbersUSA etc are succeding..


    Pappu,
    Please remove my profile and user ID from the system. I can't be part of these morons. I shall get my GC when I shall have to get it. I am not here to discuss non-GC related issues. There are many more forums to do that.



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  • gc4me
    03-28 02:37 PM
    Looks like we have 45 days after the rule goes in effect. Please read the following text.
    Will you please tell us which text you are refering to?


    (b) Expiration of labor certifications. For certifications
    resulting from applications filed under this regulation and the
    regulation in effect prior to March 28, 2005:
    (1) An approved permanent labor certification granted on or after
    [effective date of the final rule] expires if not filed in support of a
    petition with the Department of Homeland Security within 45 calendar
    days of the date the Department of Labor granted the certification.
    (2) An approved permanent labor certification granted before
    [effective date of the final rule] expires if not filed in support of a
    petition with the Department of Homeland Security within 45 calendar
    days of [effective date of the final rule].
    (c) Scope of validity. For certifications resulting from
    applications filed under this regulation and the regulation in effect
    prior to March 28, 2005:
    (1) A permanent labor certification for a Schedule A occupation or
    sheepherders is valid only for the occupation set forth on the
    Application for Alien Employment Certification (ETA Form 750) or the
    Application for Permanent Employment Certification (ETA Form 9089) and
    only for the alien named on the original application, unless a
    substitution was approved prior to [effective date of the final rule].
    The certification is valid throughout the United States unless the
    certification contains a geographic limitation.
    (2) A permanent labor certification involving a specific job offer
    is valid only for the particular job opportunity, the alien named on
    the original application (unless a substitution was approved prior to
    [effective date of the final rule]), and the area of intended
    employment stated on the Application for Alien Employment Certification
    (ETA Form 750) or the Application for Permanent Employment
    Certification (ETA Form 9089).


    Sure http://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/06-1248.htm





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  • amoljak
    10-24 08:55 AM
    Thanks for the reply Amoljak,

    Now if you can please remove all the sarcasm and explain this in more detail in laymen's terms, it would really help me. I mean how is it that atleast 10 members on this site have mentioned people selling and buying LCs LEGALLY! Were they bluffing or are we reading into the law wrongly?

    Thanks

    Lets say you have a company. You apply for some-one's labor. The labor is approved. Then the guy leaves. So you have one approved labor. You can then ask me to give you a "gift" of lets say $30,000 and in due course you will employ me in that position. Technically this is illegal, just like it is to take campaign contributions to vote in a certain way...But in practice it is hard to establish quid pro quo in these cases. More so when the person is willingly paying the money and is not willing to turn on the seller. So people who say you can buy LCs legally are WRONG.



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  • eastindia
    01-25 02:45 PM
    Making Sure H-1Bs Actually Work for Their "Employers" | Center for Immigration Studies (http://www.cis.org/miano/h1bjobshops)

    Making Sure H-1Bs Actually Work for Their "Employers"
    By John Miano, January 21, 2010





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  • vrbest
    07-31 03:40 PM
    Thank you samay for taking time to answer my question.
    My PD is Apr 06 EB3-India. I filed 485 on Jul 23, 2007.
    Can I continue working for Company B until GC is received? or should I join company C before that?

    Whats your EB3 PD. You can join company C anytime assuming that it has been more than six months since you filed your I-485. Company C can start the EB2 process should you choose to. However bear in mind that this process will also take some time.

    Originally Posted by vrbest View Post
    Hi,
    I am on H1B (7th year and got extended for 3 yrs) and applied 485, received EAD from company A (140 approved).

    I am asked to join Client by Company A due to some benefits both of us would receive. But Client wont support H1 so I need to use EAD.

    Since EB3 is in very bad situation, Can I file new Perm, 140 and port my PD for EB2 using Company C for future position? I have position, salary and exp required for EB2. When should I join Company C if I choose this route?

    Thanks in advance!



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  • nozerd
    05-11 09:12 AM
    Folks,
    I just got back from Canada yesterday. I am a PR holder landed in 2005. I had gone for my 8-11 yrs H1 stamping. Needless to say this trip I was very vigilant and observant about Toronto. Here are some thoughts.

    1) When you enter Canada they will ask you to fill a customs/immigration form. On the form one question that is asked is " When were you last in Canada" also the form asks for your "current permanant address". So in my case I was last in Canada in May 2005 and I entered last week it aroused suspision. The officer asked me if I was within 2 to 5 yr room. I told him I was and I was using this trip to plan for our move. So after some questioning he let me in. I guess if that date was March 2007 instead of 2005 he may not have questioned me as much.

    2) As far as lifestyle and products there is no products not available there. Every food item and consumer good is available in Canada. The grocery stores and their shelves look the same. Since the population is low most iotems are made in US and imported. Only way to know its a Canadian market is because by law all products need to be marked in English and French.

    3) Malls etc are the same as US. Eaton Center or Vaughn Mills is no different then The Galleria or Katy Mills in Houston.

    4) Housing is what you pay for it. It is definitely more expensive than Texas and Southern US but cheaper than California or NY. Rents are cheaper in run down areas and expensive in good areas ( duh !). In a major commercial area in a middle class building I was quoted $ 1000 for a bachelor and $ 1,200 for a 1 bedroom apt but this was all bills paid.

    5) Jobs are fewer than US. Best thing to do is take a transfer with your company if they have offices there ( I know of 4 ppl who have done that). Basically if you have a US, Canadian or UK education you will be fine but iof your education is purely from India you may have a tougher time. A good option is to find a job in a border city and commute daily ( Windsor/Detroit or Foret Erie/Buffalo). I think this is a very good option if you can get a job in Detroit or Buffalo.

    6) Taxes are high. I was told by many that whatever taxes you pay in US double them. Sales tax is 15% in ON where it is 8% in TX. Income tax is also higher. Higher taxes are a fact of life in Canada (no ifs ands or buts). In return you have a country where there is no fiscal or budgetary deficit and a very well funded social security system ( unlike US). You also have benefits like 9 months paid maternity leave, a pmt every month for every child you have and medical benefits.

    7) Awesome public transport system. Gas is $ 1.04 or so a litrer when I was there. Insurance is expensivbe but not topo bad if you have a US license and good solid 5 yr US driving record. However its ridiculously high for non US or European immigrants.

    So bottom line Canada is not US and comparing it to US is not fair. However its the closesnt to the US you will get in any other country. Its everyones personal decision and no one forces anyone to apply or mopve there. One could always takje a vacation/leave of absense and go try for a job there. Or else work in detroit/buffalo. Now detroit/buffalo is in US can you find job there ??????? or are they doomed too because of proximity to Canada:rolleyes:





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  • nojoke
    12-11 12:32 PM
    The focus is shifting from housing to economy and jobs. With 500,000+ applying jobless claims in a week is horrific. People will soon be thinking 'can we send 10+ million illegal immigrants and 1+ million legal immigrants back home to get jobs for local people'. I find it would be tough now to sell the idea that immigrants can save the economy by buying house. If some bright politician gets the idea 'why not send the immigrants home and create jobs' we all will be in trouble. :(



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  • snram4
    01-18 12:39 PM
    There is no doubt Everyone knows that H1b and GC laws are crazy. For that we need to fight to change the law but should not encourage to violate the law. If USCIS violates law lawsuit should be filed. That is the rightway.
    Isn't that the point what all anti-consulting folks are making here ? They want all existing laws (plus all laws they themselves created to satisfy their sadistic self) to be strictly followed. If that is the case snram4's relative should have been deported.

    What many do not understand is H1B laws are insane and irrational. Many from our country doesn't have the guts to fight crazy laws. All they are good at is screwing their own fellow country men out of jealousy or selfishness.

    Do all these folks follow law judiciously in their life ? I don't think so. Some of the folks here acting like bhagat singh came to this stage of life climbing over loads of corruption.





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  • BharatPremi
    12-13 10:32 PM
    One possible argument someone can make is , if there isn't a per country limit on H1Bs, why should there be one on GCs?


    We can have a lawsuit saying, cap both visa types or cap none.

    If ever this law suit come before a judge, we can potentially win by creating a list of all the lost oppurtunities, lost time and money etc, basically building a human story around the restriction.

    Other than that, I don't think per country qouta violates the constitution.

    Anyways, I am enjoying this thread, very logical arguments in each reply.

    Mark,

    what say you?



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  • nojoke
    12-12 04:36 PM
    I don't think anything like that will happen ..first of all it is not easy at all ..definitely many will leave (especially lot of people who just crossed the borders are moving back and the joke is that they are building a wall to prevent people from leaving :)).
    but I do think that one way or the other something will happen in terms of faster immigration in the next year ..or else I don't know from where will they find so many buyers of houses ..look at this article about Georgia ,..which people kept saying -- that there is no bubble .
    (look at the print in bold ..I am still wondering if it is a misprint or real ..117 months supply of homes !!! ..the other funny point is that bankers are running after builders with hot rods :D).
    ----------
    The housing market is so bad that some banks and builders that had been business partners are now adversaries, and experts are using the dreaded �D� word.

    �In northeast Georgia we�re not in a housing recession, we�re in a housing depression,� Jim Williams, president of Southern Highlands Mortgage in Blairsville, told state lawmakers at a daylong hearing Wednesday. �The retiree market, the secondary market has all but dried up. There are no homes being built.�
    � Your guide to metro Atlanta foreclosures

    BUSINESS


    Likewise, Eugene James, head of the Atlanta division of the research company Metrostudy, said the 22 metro counties it covers �are in a housing depression right now.�

    James said sales closings were down 44 percent for the third quarter, compared to the same period last year, and housing starts had plunged 67 percent. The metro area also has about 148,000 lots with infrastructure but no homes � a 117-month supply, he said.

    Legislators are trying to figure out what they can do to encourage home buying and rescue residential builders. The General Assembly convenes next month, and new bills might be introduced calling for tax incentives, expanded down payment assistance or reductions in home building regulations.

    �A down payment assistance obviously would be very, very beneficial to citizens,� Lt. Gov. Casey Cagle said after speaking to the joint economic development committee.

    A federal down payment assistance program ended last fall and the current state down payment assistance program, Georgia Dream, is limited.

    Sen. Chip Pearson (R-Dawsonville), co-chairman of the meeting, was intrigued by a California rescue plan that Chuck Fuhr, Ryland Homes� Atlanta division president, described.

    In the 1990s, the California Public Employees� Retirement System began making loans to home builders and investing in residential projects in order to turn around that state�s faltering housing market, Fuhr said. The CalPERS program was so successful, it expanded out of state, he said.

    �Almost every small builder I know today has his bank knocking on the door, trying to collect his loan and put him out of business,� Fuhr said. If builders continue to fold, competition will lessen and home prices will escalate, he said.

    Kurt Cannon, president of Rabun Builders and the Home Builders Association of Georgia, said at the hearing that worried bankers have turned on builders, even those with good credit, by calling in loans and threatening to sue.

    Cannon presented several pages of e-mails he�s received. A Paulding County builder wrote: �The president of the bank replied back that five of the seven bank presidents in the county had lost their jobs and he was not going to lose his. �I am going to foreclose on the property you have here. Then I am going to come after you personally and sue you for the money you owe me and everything else you have.��

    Maybe you are right. But I think that the main problem is not housing. It is the export/import imbalance, manufacturing jobs(maybe other jobs) leaving US etc. The housing boom, which was selling and buying to each other at higher and higher prices, masked the real problem in the economy. Government can do all it can to stop the house price sliding, but then what? We cannot generate economy again by buying and selling house to each other. People are asking 'where are the real jobs?'





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  • mirage
    04-01 08:15 AM
    My opinion is you should allign your thinking with a party which has the least divisive idealogy. Mulayam/Mayawati/Laloo type parties were born for simple reason, 'Caste politics'. Congress has only one agnda 'Communal/Secular', they call themselves secular but they have played the divisive card like none other in India..Congress have ruled in India for longest period than any other party, In UP Congress was the default govt. until late 1980, but the condition of the minorities in those regions will tell you how much they were misused & misguided.
    And now , since they took over in 2005 they've been talking about reservations, they alligns with Muslim League in south, they support terrorists like 'Taslamuddin', and ofcourse everybody is aware about their role in Amarnath Land Transfer issue. On the other hand there's a party who worked almost for everybody for 5 years. In those 5 years we saw how India started showing up in US media as emerging business leader, that started happening in 2001-2002...You need to give them their due credit. Now you see the western media, they are all lashing out at Indian govt. with 'Weak govt.' charges...It is upto you to decide what kind of politics you want from your politicians. People argue 'But BJP didn't build the temple when they were in power' and my answer is did you want them to do that ? isn't it good that they did not raise controversial issue and just worked on development. Babri Masjid, Gujarat riots etc. are raised again and again by parties who don't have any agenda, but only one agenda and that is to divide and get get votes....
    Let me ask you this. I am a Brahmin and should I hand over future of my children to any other party than BJP? What should I read out of reservations for OBCs?

    Are you also saying US does not have blood on their hand of innocent Iraqis? Are you saying no innocent was killed in Gaza or west bank?



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  • n_2006
    06-28 10:16 AM
    I think the 40,000 number is the wastage predicted by the ombudsman at the prior rate of approval that was prevalent earlier in the year. This probably implies that CIS would have used about 100,000 numbers at it's prior rate or about 25000 per quarter. This in turn would imply that CIS would have roughly 40000 (predicted wastage) + 25000 (last quarter's numbers that might have been used had CIS continued at it's earlier pace) = approx 65000 available starting June 1. I highly doubt if this could be used in just a month or two.

    But all said and done, whatever the real number of visas that's available I feel it's in everybody's best interest to just apply at the earliest they possibly could.

    Can somebody please provide some information interms of country quota? This 40000 can be used for any country? Or if India and China used their quota and still visa's left, next visa bulletin may show retrogession for India and China and current for other countries?





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  • eb2_mumbai
    09-25 01:27 PM
    I did a quick DB search and here are my findings for 2005 & 2006 PERM data

    2005 case status -certified = 6133
    Prevailing wage level - level II = 2212


    2006 case status certified 79782

    Prevailing wage level - level II = 32283





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  • Marphad
    04-01 12:33 PM
    9-1-1, Fire Department, come soon!!!!!!!!!!!

    OK. Enough of joke.

    SK2006. It looks like you have a little misunderstanding. Let me put some facts in front of you:

    1. I created the thread under "Interesting Topic" which is specially created for this purpose: "to discuss non-immigration topics".

    2. You can not have more than 1-2 action items on IV per month. They are simply not doable. Thats the reason moderators converted IV format and tried to make it like a communication hub for immigrant community. People can discuss and share anything as community over here. You may see job related public group to discussing movies threads. There is nothing wrong in that. It keeps people visiting the forum and when the real action item comes, we don't need to keep sending private messages to people. They are just here.
    - Point 2 explains why Pappu also posted on this thread.

    3. Your dedication is appreciated regarding immigration issues. Please don't go away. I see you as a valuable asset in group.





    angelfire76
    06-02 12:27 PM
    country quota is not racial discrimination...u must be a fool to say that.

    To change the country quota..they have to change the whole philosophy of immigration in this country... Equal opportunity for all...

    Its absurd to try to change the country quota..we must try for recapture..instead..

    The US immigration system is the only immigration system which has per country quota, last time I checked. If you are arguing equal opportunity then denying somebody from applying for permanent residency because on their country of origin is denying equal opportunity.

    In fact the per country quota actually violates the philosophy of equal opportunity by providing benefits to people who entered much later into the game and ignoring people waiting for the same benefits, just because they are from a particular country.

    If they were really interested in "equalizing" the ethnic mix of employees in the country, they shouldn't have made H1B dual intent or they should impose this 7% at the H1B level (I don't want to give anybody bright ideas considering the witch-hunt of H1Bs going on now).





    BharatPremi
    12-14 12:51 PM
    If they change the current law to favor Indians, then it will be disciminatory to other nationals. Think the other way..

    You may be almost 100% right and everybody is trying to take the sense out of this. Lazy*and Mark almost have given the proof that "We can't do this"..

    Good, we will not have a problem if we get assured about this 100%.

    But one thing I do not understand is your interpretation (in quots)... If at all anything we are asking is what "Remove Per Country based ceilings" but how can somebody with high skill translate that into what you quoted?

    If that happens, Indians will be benefited , yes that is not a favor, and if at all for the sake of argument even if we "tag" the word "favored"...Chinese,Mexicans,Philipinos will also be "favored".. So if they remove this ceiling then in reality it would be a "Equal ground for every national" And in that nobody can argue that "It is discriminatory to other nationals".



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