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  • Legal
    07-03 10:37 PM
    I have drafted a letter:


    Dear Reporter/ Senator/ Congressman,

    I am an immigrant who entered this country legally. I�ve been waiting for my US permanent resident visa -also known as green card for the past several years along with 500,000 other educated, highly skilled employment based (EB) immigrants. Many of us have been waiting for our turn to get the green card for 5-10 years while consistently abiding by all the laws of this country. Such long delays are due to tortuous and confusing paper work, back logs due to various quotas and processing delays at US Citizenship and Immigration Service (USCIS).

    Several categories of EB immigrant visa numbers have been unavailable (�retrogressed�) since the fall of 2005. Because our immigrant petitions are tied to the sponsoring employer, for many of us these delays have led to indentured servitude. Our professional prospects, job mobility and potential opportunities for entrepreneurship have been shattered.

    For the past several decades, the US Department of State (DOS) has been publishing advisories known as visa bulletins once a month to announce the availability of immigrant .visa numbers. On June 13, 2007, after a gap of nearly two years, DOS announced that all EB visa numbers would be �current� for the month of July. This meant, irrespective of our �priority date�, all of us were made eligible to apply for some interim immigration benefits. This �priority date� refers to the date when our labor certification (documentation to verifying no US citizen worker was available for a given job) had been filed.

    This announcement by DOS on 6/13/2007 would not have led to immediate green card for most of us; but at least it would have ensured us interim benefits such as job mobility, some freedom from the employer, work authorization for our spouses and a travel authorization known as �advance parole�. This authorization would allow us to travel outside US without fear of not being able to re-enter the country.

    We spent thousands of dollars in legal fees, immigration medical exams, vaccinations, blood tests, x-rays and getting various supporting documents ready to file our immigrant petitions to USCIS. It has been an agonizing two weeks for us. Some of us to had to fly in our spouses from our native countries. To our shock and dismay, on the morning of July 2nd 2007, USCIS announced that EB visa numbers were not available and all our petitions would be rejected. Within a span of 2 weeks, to be precise -in 12 working days- USCIS claims to have approved 60,000 EB immigrant visa petitions. This unprecedented rapid action of USCIS has led to exhaustion of all the available visa numbers for this fiscal year. Meanwhile it is prognosticated that in the next fiscal year which begins on October 1, 2007 our plight and delays would actually worsen.

    Interestingly USCIS has never processed so many applications this fast, and it is unclear why they did not convey this potential exhaustion of visa numbers to DOS before June 13, 2007.

    For the legal skilled immigrants this has been a rather traumatizing and disheartening experience.

    We sincerely seek immediate congressional/ legislative remedial measures which would
    (1)Reduce the enormous backlogs of green card petitions of legal skilled immigrants
    (2)Ensure and enable USCIS not to reject our immigrant visa petitions and give us interim benefits of a pending immigrant visa petition.

    We make this sincere request on this Independence Day with the hope that people who played by the rules will be rewarded.

    Yours Sincerely,





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  • ujjwal_p
    05-11 07:03 PM
    Remember, you are doing this to potentially ditch India and to change your nationality and are going to take oath


    Wrong! Stop assuming dude. People are here because they need the Green Card. We don't take an oath to renounce loyalties when we get it. Of course your intention is clear and I am thankful that we Indians don't need to count on you. Of course, its interesting that you are quite happy being a US Citizen when it's the US which has called the LTTE a terrorist organization. Hmm, I hope you did your research. Anyway, too late. We don't need you anymore in India and like I said earlier, good riddance. All the best!





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  • franklin
    02-14 04:44 PM
    Wow - yes, I obviously wasn't getting the point! Thanks UN for clarifying it.

    My earlier comments were more questioning why we debating what I thought was a hypothetical problem, ie "if there were unused visas, there wouldn't be retrogression", and I was missing the bigger picture.

    I certainly wasn't "one of those EB3 WOW guys" just arguing that we should get all the extras, if you know any history about my posting on this board, you'll know that I am concerned with everyone's fight, not just mine.





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  • hopefull
    05-25 12:28 PM
    www.notcanada.com


    Its blatant racism here. THe population is aging and the government makes a big chunk of money via immigration fees.



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  • grimreaper
    07-21 05:10 PM
    I've also been approached by Amway people both in the Bay Area and beyond. I despise their tactics and their deception as much as (or more than!) anyone.

    But let's not let it affect our community. Let's not let a few bad apples ruin that unmistakable bond we feel in America when we spot a fellow desi from afar. Now, any time I approach a desi to make a friend, I state in a jovial-yet-serious way, "don't worry, I'm not one of those Amway guys!" That's obviously not the first thing I say, but I make sure to throw that line in during the first minute or so of the conversation. If the fellow desi knows Amway, it gets a laugh, "oh, phew, that's a relief!" Once at an IKEA, I saw a desi who seemed to be following me. Turned out he wasn't following me at all. I asked him in a clearly joking tone, "Please tell me you're not with Amway!" He burst out laughing and we became friends (needless to say, he was not with Amway!).

    So why don't we all agree on a similar approach? If we meet each other in public, let's simply state that we're not with Amway. And if you're accosted, simply ask that person if they're affiliated with Amway. Plain and simple.

    How does this sound to others?

    Sounds like a good approach. I am going to use this line as a greeter in the future.





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  • chanduv23
    09-03 09:51 AM
    It is sad to lose a leader who got elected democratically.
    It was also sad that few people who could support SRK (does that related to our immigration issue :confused:) but comfortably felt that missing YSR is not as important as SRK.

    Why do u feel sad if people support SRK? And why do u compare SRK to YSR?

    Don't demonize people just because just because they voice their opinions.



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  • yabadaba
    06-26 01:33 PM
    ok heres the thing.. what is the point of this thread?

    if they retrogress mid month.. they retrogress... what can u do about it??

    just get ur meds done and file ur paperwork. do your karm...rest u leave it upto whatever spiritual power u believe in.

    by discussing this stuff.. u r not going to change uscis or dos's mind... right?

    and if it retrogresses mid month...u know AILA and other lawyers will start filing lawsuits...so chill





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  • g03
    01-14 10:00 AM
    I had a similar thought (about including EB3 too and going by priority date)
    and sent a letter to local congressman yesterday afternoon.
    He has not responded yet.
    My company agreed to port mine to EB2 but I'll support this provision having spent my time in EB3 category.



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  • poorslumdog
    05-02 05:11 PM
    You are talking about Sinhala... LOL... Have you ever been to chennai? Look at the Black paint on Hindi letters on Government boards!:D

    Why do they need Hindi in Tamil Nadu...Do you talk Tamil. Then why do you ask them to talk in Hindi.





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  • GCard_Dream
    05-25 12:36 PM
    Oh ya... you think the immigration fees in US are low. Wait till this bill takes effect and you have to pay 5000 dollars just to get a damn H1-B then you will know who charges more for immigration fees.

    As it is the fee is 1500 hundred dollars which is not a joke for lot of people. We normally don't complain because employers pick up the tab. By the way this doesn't even include the lawyer's fee yet.

    I mean how do people come up with things like these to say.

    www.notcanada.com

    Its blatant racism here. THe population is aging and the government makes a big chunk of money via immigration fees.



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  • Amma
    05-12 01:01 AM
    Friends,

    The ongoing war between Srilanka and LTTE has grand Indian design and help to Srilanka.
    To defeat the so called terrorist organisation LTTE, the whole world is helping Srilanka.
    Sonia Gandhi want to avenge the death of her husband.She won't mind killing of thousands of innocent civilians to satisfy her loss in her family. The able primeminister Manmohan singh also became and acting like dumb puppet in this issue.The so called world tamil leader Karunanidhi also joining with Sonia and ditching srilankan tamils.

    Two sikhs killed our primeminister Indira. Did we start killing sikhs enmass like the slaughtering of innocent civilians in Srilanka ?.Instead we made Manmohansingh as our primeminister and we are proud of him. That is the real Indian spirit.

    LTTE is the creation due to discrimination of Srilankan's Singala only policy.Srilankan tamils fight for their just right in non-violent way initially.When that non-violence activities were crushed by Srilankan government , the disillusioned tamil youths took arms.

    Though LTTE did many atrocities, the Srilankan government is not Buddha. They killed many, raped many and encroached the traditional tamil lands.

    Even if the present war won by Srilanka government, that country is not going to have peace. Even if Prabakaran and LTTE perished in this war , there will be more Prabakarans will emerge. The seeds are being sown by srilankan government atrocities.

    Nelson Mandela was once declared as terrorist by US government.Bagatsingh declared as terrorist by the British.

    Time only will tell who is a terrorist and who is a freedom fighter.

    Proud to be an Indian but ashamed by senseless acts of Sonia and company.





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  • ArkBird
    07-26 06:51 PM
    Here is one potential answer...

    Yes, you will retire at 40 because no self-respecting person will come near you let alone hire you so I guess you will have to retire and that $xxxx/per month, please feel free to replace it with disability (of course mental!) benefits from your state! ;)

    ArkBird

    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



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  • rayoflight
    08-15 02:00 PM
    Well it is a big deal for all Indians. I am not talking per se about SRK but as a fellow Indian. Does it take 2 hrs to ascertain his identity when he was here as a guest to the Indian Embassy as a Cultural Ambassador of India to participate in the Indian Independence Day Celebrations!!!

    Some of you raised excellent points like would the US Media keep quiet if a Hollywood star is treated out this kinda treatment in India or any country?

    Would it keep quiet if:

    1) Their ex-president is searched by an airline staff

    Our ex-president Shri Abdul Kalaam was searched by Continental

    2) Hollywood star is strip searched in a foreign country

    Amir Khan was strip searched in Toronto Airport

    3) Hollywood star is questioned about their nationality because they dont like American

    Neil Nitin Mukesh was questioned in 2008 whether he was Indian since he didn't have features.

    and many more incidents...

    - Rayoflight





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  • sledge_hammer
    01-14 02:23 PM
    What these guys are really trying to achieve is bring back the good old days of high billing rates. I guess they see that the desi consulting company is responsible for driving down the quality as well as rates and salaries. The memo gives examples that would make it ok for large consulting companies like Accenture, Infy, PWC, etc, but not ok to be a *tech or *soft desi consulting company.



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  • JalwaeJana
    09-15 12:57 PM
    Guys you for got that Eb2 applicant include thos that do not require labor . Also for each labor you would consume 2.3 to 2.5 visa , as with every approved labor there is a spouse and in some cases kids. So to clear 20,000 labor we need 40K visa spilled over to clear all of 2006 plus Eb2 cases that do not require labor





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  • mirage
    03-31 09:22 PM
    You don't want to give any credit to 'Modi' than by your logic, Chandrababu Naidu shouldn't be give credit of 'Andhra' turnaround, Vajpayee shouldn't be given credit for Infrastructure turnaround...In India Politics & Politicians are so important, until they are pro-work, nothing works. UPA govt's attitude was sit & watch for Orders from 10 Janpath, so all of us know how they performed..A person who assists in the murder of people whom he has taken an oath to protect, cannot be really thinking about the country or for its development. By saying that HE is responsible for the development is clearly under estimating the capabilities of the gujrati people. The gujratis and rajasthanis are leaders in creating wealth and they did that for thousands of years successfully with world's envy before this ugly Indian came into picture. With your logic fodder eating Lalu is the smartest politician ever born....remember his $20Billion revenue he is bringing in from railways....never heard of from any sector...leave alone the ever losing railways...the only thing lalu can be given credit for is...not stopping the elite civil services managing directors and the academia (IIM, ISB) from doing their work...which they have been trying to for several decades....so I dont think the theory is right that one person (call him black spot of India) had done something....when each individual in the state is born with the blood which carries enterpreneurship.....kudos to all gujaratis....



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  • sainwa
    08-17 01:32 PM
    has any one thought why did this happened at the same time when he is making a movie about a "Khan in US"?
    See the things behind. he made fool of every body , CNN, media, US Immigration, you and me and got a publicity which he could have not gotten by spending millions of dollars in marketing the films.
    and guess what? this was for free and he is in headlines in national news paper.

    I think he wanted this to happen to get publicity for this upcoming film, now see after this incedent you, me and all of us know about this forthcoming film and will be eager to watch it.





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  • CADude
    04-18 02:49 PM
    immigration-law.com

    04/18/2007: Further Clarification on Pending I-140 Substitution Petitions and Proposed Substitution Elimination Rule

    There are a couple of clarifications we want to make on our previous posting on this issue. The supplemental information part of a regulation is not binding, but when there is a room for interpretation on specific provisions of the rule itself, it gives a guidance to the interpretation. In this regards, for now, the correction to our previous interpretation should stand. Secondly, there is no information available about this issue in the final regulation which is expected to be released sooner or later. Whatever the final version will look, it may be prudent for the employers with the certified labor certification applications to file the substitution I-140 petitions as soon as possible before the final rule is released.
    04/18/2007: Clarification and Correction of Scope of Validity of Substitution of Approved Labor Certifications Under the Proposed Substitution Elimination Rule

    The final rule to eliminate the substitution is expected to be released in the near future. One question that raises the body heat has been the pending I-140 substitution petitions which have yet to be approved. Under the proposed regulation, there was a provision that the substitution approved at the time of enactment of the final rule will not be affected by the elimination rule. We previously interpreted the language "substitution approved" would include the approved I-140 substitution petitions and would not include the pending I-140 substitution petitions.
    We want to correct such interpretation. The substitution approved under the proposed rule appears to mean the substitution approved by the DOL and not necessarily the I-140 substitution approval. Accordingly, if the I-140 has been filed and is pending at the time enactment of the final rule, such case should not be affected by the elimination rule and remain valid. This is made clear by the following supplemental information to the proposed regulaation:
    Substitution of alien beneficiaries will be prohibited as of the effective date of a final rule resulting from this NPRM and that prohibition will apply to all pending permanent labor certification applications and to approved certifications not yet filed with DHS, whether the application was filed under the prior or current regulation. This regulatory change would not affect substitutions approved prior to the final rule's effective date.
    We stand corrected on this change.





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  • lalithkx
    07-15 06:04 PM
    Hi,

    I found that priority date field on my I-140 receipt is empty. Will this create any problem??
    I filed concurrently lasy july and MY PD will be current next month. I applied at NSC but got transferred to TSC.

    Thanks for the answers





    another one
    12-13 02:00 PM
    Since SC has already decided on the matter, does this rest this discussion?


    Here is what the Supreme Court said:
    http://supreme.justia.com/us/426/67/case.html

    "The fact that all persons, aliens and citizens alike, are protected by the Due Process Clause does not lead to the further conclusion that all aliens are entitled to enjoy all the advantages of citizenship or, indeed, to the conclusion that all aliens must be placed in a single homogeneous legal classification. For a host of constitutional and statutory provisions rest on the premise that a legitimate distinction between citizens and aliens may justify attributes and benefits for one class not accorded to the other; and the class of aliens is itself a heterogeneous multitude of persons with a wide-ranging variety of ties to this country.
    In the exercise of its broad power over naturalization and immigration, Congress regularly makes rules that would be unacceptable if applied to citizens. The exclusion of aliens and the reservation of the power to deport have no permissible counterpart in the Federal Government's power to regulate the conduct of its own citizenry. The fact that an Act of Congress treats aliens differently from citizens does not in itself imply that such disparate treatment is "invidious."
    ...
    The real question presented by this case is not whether discrimination between citizens and aliens is permissible; rather, it is whether the statutory discrimination within the class of aliens - allowing benefits to some aliens but not to others - is permissible."

    The SC concluded that the statutory discrimination within the class of aliens is permissible.





    mariusp
    02-13 02:28 PM
    What ever gave you the idea that EB ROW only wait for 3 years? There's this common misconception flying around here that somehow ROW just cruises by and we get GC handed to us on a platter when in fact up until yesterday EB-3 ROW was just as retrogressed as any other category not to mention that labor (pre PERM) and name check delays affected ROW just as much as everyone else. For instance, my brother, who is EB3-ROW with a PD of Dec 2002... and has been in the US since early 2000 and is still waiting in line...so do the math.

    We're all in this crap together, some worse than others... so let's stop with this ROW Vs India & China nonsense. Country quotas are unfair and frankly the entire GC process is unfair and unpredictable... We should aim for solutions that solve this issue in a comprehensive way, not by dividing us even further.


    Per country quota is what is killing India/China.. and that is the fact.. on an average ROW person waits for 3 years whereas India/China wait for eons.. as WD said if some one wants diversity go apply for a lottery or for better seek asylum... :mad::mad:



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