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  • pappu
    07-01 09:38 PM
    It is sad to say the thread started by one of the senior member on similar lines was closed abruptly for discussion.I know IV's main intension is to help on immigration front but it won't be too different to help other immigrant brothers trapped in situations like this.

    Are there any reservations on voicing opinios about this?

    gc_freedom

    No thread was closed. I just started a new thread with a post from another thread.





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  • Karthikthiru
    07-10 08:42 PM
    http://www.immigration.com/newsletter/rajiv_notes_485_filing.html

    An interesting update. This is just posted on his site


    Karthik





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  • msp1976
    02-11 12:39 PM
    There is some massive confusion here. The Immigration and Nationality Act also says the following for EB3

    -Quote
    (3) Skilled workers, professionals, and other workers
    (A) In general
    Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (1) and (2), to the following classes of aliens who are not described in paragraph (2):
    -End Quote

    Read the term "Not to exceed 28.6 percent". So EB3 can't exceed 28.6 percent which means unused visas from EB2 cant all go to EB3. Since EB2 ROW is current, the unused EB2 visas should be coming to EB2 India & china as per AC21 law.. no?

    We shouldn't assume that USCIS is too dumb to follow the law..
    Read the term "Not to exceed 28.6 percent plus"That plus means EB3 total can exceed 28.6%..


    No.... USCIS is not dumb...They have interpreted the law in the way they think is appropriate....They are applying the over all 7% country cap to China/India EB2 and sending the overflow to EB3 ROW..... It is not fair but it is not exactly illegal...The law is open to interpretation and USCIS has chose to select this interpretation......You can take a crack at suing the USCIS.....I doubt that you would get anywhere......The EB2 India/China might benefit from the lawsuit....But as you know not all members would agree on IV spending resources on this lawsuit because this serves only a small section of member population.... At a personal level you can gather a few EB2 China India guys and have a crack at suing USCIS....





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  • go2roomshare
    02-01 12:34 PM
    I agree with the initial post, it is mostly true , i know people who did such a way, ofcourse most of indians who worked for a indian consulting company know about it.



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  • getgreensoon1
    04-17 08:23 AM
    If you believe IGNOU or Univ of Pheonix are fraudulent, Please provide proof of this and also report to USCIS.

    Its not purely education that will get you H1 or GC. You also need to be skilled in your field.
    You might look down on certain universities or degrees but in the end employers care more about skill and experience and so does USCIS

    Looks like you are one of the beneficiaries of H1 who does not have good education. You can console yourself with the word 'skill' and all that computer jargon The bottomline is H1B visa is for professionals. However, in the past few years, Indian IT bodyshops have sent underskilled computer operators to the US to enhance their operating margins. This will come to end very soon and has to come to an end very soon. I think the process has already begun. Number of H1b visas rejected at Indian bodyshops have gone up. Operating margins at Infosys has shrunk significantly. Infosys and other bodyshops have seen stock price plummet drastically.

    Companies such as Congizant have stopped bringing people from India on H1. Rather they are trying to hire people in the US who already have H1B visas. The illegals who have gotton their H1B from shady consultants in NJ, CA and elsewhere. Congizant is doing community service by legalizing illegals. The people who sat on the bench during recession while holding their H1B visas without a paycheck. Sorry with paycheck which needs to be refunded to the employer by personal check. Stop the fraud, please stop the fraud.





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  • amitjoey
    12-22 02:29 PM
    Dear Sir/Madam

    I have been in the country Legally on a student visa and then on a work visa for 10 years. I have been in line and have applied for a greencard 6 years ago and my application has been shuttled through various departments and agencies in a 4 step procedure and now being stalled for want of a number (An immigrant number) for a highly skilled immigrant. There are an estimated 1/2 million legal law abiding, tax paying individuals in a similar situation who need your attention. All of them are in the country on a work visa and are in line to recieve an employment based green card.

    The Employment based green card system is completely broken due to excessive delays and backlogs in petitions of nearly half a million highly skilled workers who are certified by US Government to be doing a job that no US citizen is willing, qualified or able to do. The delays in obtaining a permanent residency are due to 2 reasons: Numerical caps on employment-based green cards and processing delays in adjudication of files. Today the system takes anywhere between 6-12 years to grant Green cards to some of the best and brightest of the world who have chosen America as their future home.

    These future Americans are facing huge quality of life issues and their employers are facing difficulty in attracting more of the best and brightest of the world due to the broken system. The system prevents these workers from accepting promotions and switching jobs for the time-period it takes to process their files. By stagnating career growth and suffocating the creativity of the most innovative and technical minds of the world.
    The processing delays mock America�s respect for those who �play by the rules� and get in line. At the same time USCIS awards 10s of thousands of greencards to people every year outside of USA based on a pick or lottery.

    At the end of 2006, there were an estimated 200,000 employment-based principals waiting for labor certification, which is the first step in the U.S. immigration process. The number of pending I-140 applications, the second step of the immigration process, stood at 50,132. This was over seven times the number in 1996. The number of employment-based principals with approved I-140 applications and unfiled or pending I-485s, or the last step in the immigration process, was 309,823, a threefold increase from a decade earlier. Overall, there were 500,040 employment-based principals (in the three main employment visa categories of EB-1, EB-2, and EB-3) waiting for legal permanent residence. And the total including family members was 1,055,084.

    These numbers are particularly troubling when you consider there are only around 120,000 visas available for skilled immigrants in the EB-1, EB-2, and EB-3 categories. To make things worse, no more than 7 percent of the visas are allocated to immigrants from any one country. So immigrants from countries with large populations like India and China have the same number of visas available (8,400) as those from Iceland and Poland.

    At the same time, a debate rages about H-1B visas and this gets considerable press coverage. Companies such as Microsoft, Intel, and Oracle have been lobbying for visas to bring in skilled immigrants, but have focused on expanding the numbers of H-1B visas available. Why? Perhaps because workers on these visas are desirable, as they are less likely to leave their employers during the decade or more they are waiting for permanent residence.

    So we want skilled immigrants, but we want them to come on the right visas as permanent residents. The battles being fought are about bringing in more people with H-1B visas�not about those who are already here with them and stranded in �immigration limbo.�

    Unlike many of the problems facing the United States, this one isn�t hard to fix. All we have to do is to increase the number of visas offered to skilled workers in the EB-1, EB-2, and EB-3 categories from 120,000 to around 300,000 per year. And we need to remove the per-country limits. Instead of requiring graduates from top universities who receive jobs from American corporations to go through the tedious H-1B visa process, we should provide a direct path to permanent residence. We are now competing with the rest of the world for the best talent. We need to do all we can to attract and keep skilled immigrants, rather than bring them here temporarily, train them, and send them home.
    One more most important aspect is also to provide an oversight over USCIS. Presently, processing delays, lost paperwork, incourteous and bad customer service and above all a non-transparent system is what immigrants face. Why should legal tax paying immigrants wait in line patiently for half a decade and pay high fees to get lousy customer service and no accountability for fees?.


    Yours truely,
    Frustrated, law abiding, tax paying immigrant



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  • CaliHoneB
    04-09 12:29 PM
    I just contributed $100 in addition to $100 for previous drive. I have a suggestion, we have some very successful enterpreneurs with same back ground like Vinod khosla , Sanjeev bhatia etc. Can we ask some contributions from them..

    Cheers





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  • cowboy
    07-18 01:55 PM
    thank



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  • YesGC_NoGC
    10-03 03:33 PM
    If you have health insurance (which I doubt) go to some doc. and get some life injected. That will certainly help you in your current situation and you may be able to jump to EB1.:D

    May God Bless You.





    EB2 india/china... see this..

    http://immigrationvoice.org/forum/showthread.php?t=21828
    and then see this
    http://immigrationvoice.org/forum/showthread.php?t=21833

    ab bajao ghanti... aur chup chap baithe raho
    (translation: sit there like a paraplegic in the line and do nothing ... while a massive line jumping is in process... you will keep seeing while all these EB3 "bodyshopped consultants" will continue to slowly port their PDs and get approved ahead of you.. EB2 I/C is in for a really really long wait.
    Honestly, these consultants don't even have an H1B worthy job: its not a permanent job offer. They don't get paid fulltime. Let alone their eligibility for a GC ....what a scam!

    We need to let uscis know and audit all current and past approved cases from these consultants)

    FYI ...With support from a few people .. we are in the process of filing a Direct injunction for stoppage and immediate audit of interfiled/approved cases. But more support would be appreciated.





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  • 53885
    01-30 05:27 PM
    Now it became # 28. Question on: Immigration

    Everybody please go the URL http://dyn.politico.com/debate/democrats/VoteForQuestion.cfm
    and vote for question number 20 .The question number is changing please look for the text below and the title "Immigration" before you vote
    T



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  • santb1975
    01-30 09:04 PM
    Let us bring our questions up. Have your spouses vote as well





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  • raj1998
    04-21 08:58 AM
    thanks for agreeing with me :)

    hey are you Sheila Ann or Sheila Kijawani ? :D



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  • krishnam70
    06-17 02:24 PM
    Thanks guys for the moral support and quick responses.

    More details are as follows:

    1. This accident occurred in 18 months back in CA
    2. We were going on high way and suddenly the car infront of me came to a sudden halt and as I didn't had any reaction time, even though I applied brakes I went and rammed into the van in front of me, which in turn hit the car infront (like a ripple effect) and totally 8 cars were involved in that collision.
    3. So at first we thought it is entirely my fault as I was coming at 50s and I rear ended the care which inturn created this ripple effect.
    4. But the actual scenario is, the van infront of me came to halt, as it rear ended the car infront of it and due to which the other car hit the one infront.

    So already one accident happened and I caused one more and as mine was a 11 seater and coming at 50s the impact was high and involved in 8 cars.
    All this happened within in mins or secs, I would say

    --> --> --> --> --> --> --> -->
    Myself car1 car2 car3 car4 car5 car6 car7

    In the above pictorial representation,
    a) car 1 hit car2 which in turn hit car3 (1st impact)
    b) Myself hit car1 again which ripple effected all the way upto car7 (2nd one)

    I was the only person injured and and had to be hospitalized with bi-lateral hip fractures and right knee fractures and was out of work for 4 months.Luickly my insurance covered most of the amount thats been charged(around 300K)

    Finally I recovered to a great extent and out of blue gets a lawsuit from the owner of car3 against myself, Car1 and car2.

    BTW, insurance determined that my fault is 80% as I caused the greater collision and they paid the property damages for all the cars involved.

    As per the lawsuit, seems car3 drivers spouse had herniated disc due to this accident and are expecting $200,000 for future treatment

    So they are claiming the following:
    3 milliion for : other damages(emotional etc.....) --> This is BS. You can file a counter. They are already quoting 200k for future treatment and other amt for lost wages.
    200,0000 for: future treatment
    50,000 for: lost wages

    Thats is what the story of my life :(

    Hope this gives u more details to provide me with more suggestions.

    3 milliion for : other damages(emotional etc.....) --> This is BS. You can file a counter. They are already quoting 200k for future treatment and other amt for lost wages. Its just a lawyer thingy to throw some mud and see if it sticks. I do not think that 200k is warranted for the treatment of a herniated disc but your insurance will take care of it so no worries.

    As suggested by all the folks here, this is a civil case and wil have no bearing on your GC. However if you don't respond you will be held liable so get a good attorney and respond to those charges. If you run away to India most certainly it will become a criminal case and you will most probably end up never be able to return here or since this involves injury to an american citizen the embassy/consulate may pursue you further even when you return back to india.

    1. If you decide to contest it, try to see if your attorney can invoke any procedure to get previous medical condition of the other party. This is to verif y if the injury/condition they are seeking damages for are a result of this accident or they had a history.

    2. Try to get details about their occupation and see if there are any occupational hazards that can cause this condition due to it. Although it can be circumstantial its worth a try.

    I know patient/doctor relation is privileged but if the law enforcement is requesting medical condition of a patient then there might be a provision to get that info. California however is totally different ball game..

    Good luck my friend. Hope you pass through this difficult time

    Here is a link from the injured person's attorney's point of view.. The key to winning a case is to find the weak points in the oppositions case and drive hard on it. This is not to say the other person was not injured or anything but the blood sucking claim for 3 MILL is what pisses me off.. believe me I was a person who was injured in an accident for no fault of mine and I am still fighting the case for lost wages and medical expenses only for 13 years now. Its a different matter that it is not in USA. I won the case in lower court but a counter was filed in higher court by the insurance company and its still going on.

    Life goes on despite that. Have faith and hope and things will be better as time passes. Worst case you can file bankruptcy and throw up your hands.

    link******
    http://njlawspersonalinjury.blogspot.com/2008/02/herniated-disc-slipped-disc-pinched.html





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  • vnsriv
    03-13 11:15 AM
    If this bulletin is true I guess the guy at this link has predicted properly.

    http://immigration-information.com/forums/showthread.php?t=4285

    I still don't believe these dates.



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  • gc_chahiye
    11-02 01:05 PM
    The GC system is entirely in our favor. It really does not benefit America in any significant way.

    nope, if the alternative to the GC system is outsourcing (as you yourself mentioned) all the profits go to big corporations and our salaries are spent in India. The corporations are notorious for avoiding taxes so teh government gets nothing. By making us stay here longer (on H1 or GC) we end up spending our salaries here, paying taxes, paying social security, paying medicare.

    65K H1-Bs earning 70k a year is 4.5 billion dollars. 140K new GC holders each year earning the same comes out to 10 billion dollars. Out of that taxes alone are an easy couple of billion or more dollars. Then take into account the side-effect (we buy cars, we buy appliances, we rent apartments) and the contributions we make to this economy are a lot.

    And to say that we are stealing jobs is also inaccurate. There is nothing called stealing-a-job. In general every job is worth how much someone is willing to be paid to do it. If an American citizen wants 100K and the GC holder wants 90K and the H1-B visa guy wants 80K (and all of them are going to work in the same city and same office) the job is worth 80K. The H1-B visa holder is not stealing a job. The days of knowing HTML tags and commanding a salary of 100K a year (1999-2000) are long gone and now replaced by 'that kind of work gets done in India or Ukraine for 10k a year'. Looking at the resumes we got in response to job ads placed in the last 3 companies I worked for, there are simply not enough qualified americans interested. Thats a fact. So the IT sector needs help from abroad to get the job done. They can either send the work over, or bring the people here. Bringing the people here also benefits the rest of the economy.





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  • bugsbunny
    04-17 12:00 AM
    You should not have gotton H1B visa in the first place, as H1b visas are for professionals and there are many professionals stuggle to get an h1b visas even after engineering degrees. In your case, IGNOU is a shame. Its worse than University of Pheonix. If you get a greencard in EB2, it will be a biggest mockery of the USCIS and department of labor.

    If you believe IGNOU or Univ of Pheonix are fraudulent, Please provide proof of this and also report to USCIS.

    Its not purely education that will get you H1 or GC. You also need to be skilled in your field.
    You might look down on certain universities or degrees but in the end employers care more about skill and experience and so does USCIS



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  • gcisadawg
    03-11 02:03 AM
    Why do you bring Malice with you, everywhere, seriosly how does your family stand you ?
    I have seen your posts earlier, they are full of abuses, unjust full of most useless comments, let me tell you one thing, it is a very well known truth people who are most abusive on cyber space, are most fattoo & have been beaten up kind of people because they spend their life in threat but on cyberspace they become Lion. You are a typical Cyber Sher... But in real life I can guess....

    I second you...Kunju has a history....





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  • go_gc_way
    02-01 03:23 PM
    Actually I know a guy who lost his job and joined a restaurant as a cook or something and applied GC, then after 1 yr or so got job again and used the EAD to change to the Tech Field again and at a different location.....I hear he is indeed facing some problems now.

    Common people ... These are isolated ... very very very isolated cases may be.
    I know many IT folks who work VERY VERY VERY HARD AND FOCUSSED ON THEIR JOB ... I believe they represent 99.99999999999999 %, why are we even discussing these?





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  • santb1975
    01-30 05:07 PM
    it is at 22 now. I will post this on the so.Cal chapter





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    09-24 10:21 AM
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    test101
    07-18 11:02 PM
    I-140 on 6/07 & pending
    I-485 arrived to NSC july-1st @10:10 pm
    status unknown.



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