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  • thomachan72
    09-04 10:59 AM
    This is not contributing to anything. I dont think oposing parties in this discussion will ever come to an agreement so what is the purpose of carrying on. Please close this and lets concentrate on something else.





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  • meridiani.planum
    06-16 06:22 AM
    In summary, this retrogression is good in a way. The truly best and the brightest would still be employed until their turn for adjournment comes in.

    Easy for you to say when you are applying for your citizenship. You sir, are an idiot. And if you were really on H1 for as long as you claim, you are a mean idiot, no less.

    Retrogression is a scar on the face of EB immigration.

    Thats the reason every immigration bill so far related to EB has tried to resolve this issue. Anyone who says retrogression is good is either misinformed or a pychopathic specimen that needs instant mental evaluation, followed by treatment and observation in an asylum. The observation should continue for as long as it takes a typical EB3-India case to get approved. To paraphrase your quote: "The truly cured would still be observed until their turn for release comes"





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  • spicy_guy
    01-24 03:12 PM
    I have been a silent reader of Murthy forum, and I have been observing JoeF's posts. He is NOT an anti-immigrant. He is just educating people about the law. That's what I see from his posts. He is knowledgeable enough to answer the questions of the forum readers.

    Maybe his posts sound rude for the wounded and needy. But I think he isn't taking anything bad about immigration or prospective immigrants.

    Anyways, thats not the topic of this thread and don't mean to detract.





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  • delax
    07-29 12:53 PM
    I agree with this comment. Starting Oct, EB2-Ind is likely to retrogress to 03/2003 to 06/2003.

    __________________
    Not a legal advice.

    I doubt it. My sense is that USCIS has already processed most of EB2-I cases until early 2004 - based on approval trend seen on IV, Murthy Forum, and a ton of personal friends. If it goes back it may go back to Fall 2004 time frame.



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  • addsf345
    05-29 04:21 PM
    If you guys had a chance of getting substitute labor today you will try to take it at any cost. But you will not want to contribute $25 to IV. If you had a chance of getting a greencard via L1A route you will do it. Just because you cannot get a substitute labor or L1A, you are saying sour grapes.

    This is a bitter truth that we do not like to hear but each will do if they get a chance. Sub labor was legal when it was there and L1A route is also legal today. It is for USCIS to decide if there is a loophole. Stop behaving like an anti-immigrant. Just because you are not able to get this privilege does not mean others cannot try. If you want to try, try to get more visas for everyone rather than blocking people.

    well said. Our main problem is country quota. some one posted a nice thread, I guess the title was something like 'is being born in INDIA a bad karma???" - I always remember that. No one should be punished for having been born in certain country.

    Having said that, one my very good friend tried to form state IV chapter and contacted around 20 Desis who are on EAD and in the same boat as rest of us. As united the indians are, none of the 20 showed any interest in joining IV or fighting for their right using civil democratic way. People just dont' want to do anything. They are fine with wait times. So I guess this is the fate.

    On a side note, in our company there are ppl from other countries having got GC in a year, in front of our eyes, still no awareness, no courage, no unity, no initiative. God Bless Retrogression.





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  • reddymjm
    10-01 10:04 PM
    Any one else sent emails lately



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  • snram4
    01-18 10:05 AM
    The H1b rules and Cap are framed based on the principle that foreigners will be allowed only when there are no avialblity of skilled persons for that job. That is the reason For LCA and salary requirements. You can very well google that why H1b visa was created on 1991. Everyone in congress and also american public expects that American jobs should not be replaced by foreigners. But when there is no clear cut job position there could be foreigner could be hired just because he quotes 10 dollar less than American but same skills.
    But still we can lobby for change of law to get some grace period of 2 or 3 months when a persons job lost or H1b is cancelled. But it is a bad idea to justify bench without pay for H1b. But still USCIS was sympathtic towards most people and most H1bs got green card though they were in bench. One of my relative forgot to renew H1b for more than an year but otherwise perfect. They accepted and applied for extension explaining the situation and got extension. If they would followed the law she would have got 10 year Ban. But I am not expecting any sympathy from USCIS for anyone who violated law or regulation knowlingly.

    Is H-1B working at a gas station a bad apple? Yes.

    Non-Indian staffing company keeps $150/hr, 25 years back. Is this a bad apple? How much can a staffing company keep? Why? Who decides it? Has Hilda L. Solis decided it for for US workers? Why should Janet Napolitano decide it for H-1B?

    Contractor salary and benefits come from his/her billing only. Most US workers are not paid on bench/benefits. Why should H-1B be paid on bench/benefits? Contractor can be paid on bench/benefits only by spreading the billing over bench/benefits (thereby reducing paycheck). Why is this a good apple?





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  • softcrowd
    05-29 10:31 AM
    So, based on this prediction - Eb2 may not even cross year 2004 by end of FY2010 quota...Is my understanding correct?



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  • nixstor
    07-03 04:24 PM
    Any other way you can get in touch with her... phone??


    I already tried. Looks like she is gone for the holiday. Call 202 513 2000 and by pressing the numbers on the phone you can get to her VM as of now.





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  • samay
    07-28 04:25 PM
    question for lawyer.
    please find my details and dates as per below. my questions are as below.
    thank you

    First H1b approval Date:08/28/2001
    First H1b Stamp: 12/04/2001

    first H1 transfer:notice date: 05/16/2002
    first H1 Transfer approval date:09/25/2002
    second H1 Transfer Notice Date:03/20/2004
    Second H1 Transfer Approval Date: 09/10/2004
    First Permanant Labor Apply date: 02/28/2005
    H1 Extention on second H1 transfer:04/01/2007 to 03/31/2010

    Filled I-140 in March 2005 after Labor approval from backlog centre.
    filled I-485 in July 2007.
    Got RFE on Ability to Pay in sep 2007
    Filled Motion to reopen which got denied.
    Another Company filled Labor in March 2008.
    Labor got approved in May 2008.
    Filling I-140 in primium ?????


    question:
    H1 expiring in March 2010. will my H1b get extended based on the new Labor even if the labor was filled after the six years limit?
    do you think filling I-140 in primium will help in this situation?
    Does the out come of I-140 affect any other new application from another or same employer?

    Your case is a bit complicated and to answer your question I will have to look at your papers and the reason why your motion to reopen was denied. If you want a consult with me please take an appointment by going through Pappu. Thanks.



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  • msp1976
    02-20 11:35 AM
    Three years later I decided I missed USA (note: Canada isn't much different but I still missed the "system" and the rush of working in the big economy with the biggest companies. I came back and stuck in greencard process now for many years.

    My conclusion is that I made a mistake of going back and should have stayed the first time around. Something for everyoen to consider going back to other countries or back home.

    I keep thinking about going back and your inputs are valuable in this regard...
    But in my case I could think of a few more factors...
    1. Back home the economy is sizzling...(Don't know how long that would last)..
    2. My friends who chose to stay in India/left for India in 2/3 years have a greater net worth than I have...(through stock market/real estate appreciation..) again do not know how long/whether this would last..
    3. I am really at my wit's end as far as work is concerned...The stagnation is killing me...I am in this place for last 7 years....





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  • GC_1000Watt
    09-17 02:45 AM
    I am not sure about completeness and authenticity of the data, But i've found this perm data. Its Access database, where Country of chargeability is included too.

    FLCDataCenter.com (http://flcdatacenter.com/CasePerm.aspx)

    If everybody can search for their repective years of Labor and confirm the completeness of the data, then this will be very helpful for data crunchers. :)

    I could not find my labor details on the file. BTW what does the "CERTIFIED-EXPIRED" case-status mean?



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  • Pineapple
    12-14 02:27 PM
    Nope. UK and Pakistan would then join the club of India & China. ROW is an artificial construct. The reason USCIS posts priority dates for India, China, Mexico and Philippines separately is that applicants from these countries are typically, and especially over subscribed. ROW countries are just countries which are not typically over subscribed in the EB category.

    O.K. Forget for a moment about IN,China,MX and Philipines. Let me understand the "Quota" witihin "ROW"

    Example: Britain, Pakistan.

    Let's say next year tons of nationals of Britain Choose to apply under EB.
    Let's say total is more than 7% of Total 1,40,000 limit.

    Is that allowed?

    Same question for Pakistan...





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  • walking_dude
    12-14 05:19 PM
    The difference between your idea and mine is your thinking is still stuck in the 16th century. He is Indian, he is Chinese, he is Mexican etc, while I see everyone as human beings. There lies the difference.

    EB Immigration is just 12% of all immigrants. How can it affect diversity of the country? With all the country quotas in place, US is becoming hispanisized with Hispanics slated to become 25% of the population ! So much for the much touted 'diversity' !


    --What you said sounds very interesting. But it got me thinking, what if the merit is equally distributed by the country of origin and there is a limit to the opportunities this country can provide?


    Let us say there are 140,000 EB visas given every year. Based on pure merit and sans any regard to nationality. Don't you think it could potentially lead to more visas being consumed by one country?

    What if this country wants to ensure diversity to its social fabric?? How do they go about doing that? I always see EB1 as "current" for oversubscribed countries as well. In my opinion, EB3 "skilled category" and "other worker" is purely asking for OPPORTUNITY rather compete based on its merit.



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  • leo2606
    09-23 04:41 PM
    I got mine approved 2 months back from countrywide with out any issues.and I got good interest rate too.

    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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  • snathan
    03-30 01:26 PM
    Left parties are the worst no doubt about that. Have you gone through the BJP manifesto, its IT vision document and also have you heard about Friends of BJP forums started by Indian businessmen. Yes, Advani runs his politics on religion and Ram temple. Do you think congress does not use religion? Do you hear the news that in Kerala congress has fielded candidates supported by church? Tomorrow if Sri Sri Ravi Shankar or Ramdev baba do the same thing with BJP, our media will shout from the roof top that this is communalism. Do you know Congress is allied with Muslim League in Kerala?

    Snathan, all parties use the dirty tricks. Congress, BJP, Communists. But I will always support the party which builds Ram Temple rather than the party which destroys Ram Setu and even denies the existence of Ram.

    Yes...We had them in power for five years. It was a joke. India was Shining and we had to wear sun glass.

    I am not supporting the congress party. I am only supporting the MMS. To me, he is faaaaaaaaaaaaaaaaarr better than Mr.Advani or Mayavathi



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  • lazycis
    02-14 09:23 AM
    http://www.immigration.com/litigation/I-485_litigation.html

    Read
    this
    http://www.immigration.com/litigation/I-485/Plaintiff%27s%20Supplemental%20Memorandum.pdf

    this
    http://www.immigration.com/litigation/I-485/Defendant%27s%20Supp.%20Memorandum.pdf

    and this
    http://www.immigration.com/litigation/I-485/order_class_denied.pdf





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  • samay
    07-30 04:24 PM
    Hello Samay,

    First of all thank you so much for answering my questions.

    In my LCA(H1B) Prevailing wage is mentioned $ 55K & in my Labor(PERM) application Prevailing wage is mentioned $ 65K.

    My labor(PERM) has been approved & I-140 is in process at TSC.

    My question is
    This diffrence between LCA mentioned prevailing wage(i.e. $55K) & Labor(PERM) prevailing wage(i.e. $65K) going to create any problem at stage of I-140 or later in I-485??

    I am getting paid as mentioned in LCA i.e. $55K.

    I will greatly appreciate response.

    Thanks.

    Both these are separate processes and note that the I-140 is for a future job.So relax.





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  • grupak
    02-13 08:51 PM
    Easy now!!! Simmer down.....

    Its just that every time the VB comes out, we get a lot of posts from folks from India/China who want to remove country limits. And they talk about only removing the country limits, as if removing country limits is going to solve the problem.
    You scare away ROW when you do that.



    Those who talk about only removing the country cap have not thought through the problem carefully. It will only slow everybody down. At the same time only increasing the visa number by say a factor of 2 will not solve the problem either since majority of EB GC are from a few countries.

    As paskal, others and I have been saying IV is for all EB GC, and we should look at solutions that help everyone.





    k3GC
    07-03 05:06 PM
    We have used Web fax in the past, I had also read in a different thread that it (faxes to senators) is how things work here. there were reports of how other groups had used and sent more web faxes than us etc etc ....

    Why dont we do that now.

    Fax to every senator, include the congress womans letter

    Make an IV statement supporting the congresswoman

    Lot of people will join the fax campaign

    Let us try multiple avenues - Lawsuit , blogs, faxes, media etc etc.

    Let us create as much noise as we can

    Please enable the web fax.





    gjoe
    02-15 07:13 AM
    I am going to use AC21 from March. I notified my employer (GC sponsor) about this decision during the first week of Feb. I had been working with him for close to 6 yrs but never had any problems so far.
    But today he didn't pay me. I should get 3 more paychecks including this one for 15Feb and I have my vacation days which would make up for another additional 80% of a pay check. The total would run to 18k+, if I just keep quiet and let it go I will lose the money and also what I beleive in (Freedom).
    If am not able to get my money from my employer I am going to file a lawsuit to recover the pay and also the legal fees from him. And also I am going to file a case against my employer and USCIS for being partners in doing this slave trade in America.
    I strongly beleive that the H1B system and the EB greencard system has been setup to legally bring in high skilled workers as slaves and exploit them by taking away their freedom. We are no better than illegals, in the way we are treated by the goverment and the employers.
    I will fight this case atleast to try to prove my point before I leave this place.
    I am looking for some civil rights agency which can help me with the lawsuit. My fight is not for the GC, but it is for justice.



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