Wednesday, June 29, 2011

the webby awards

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  • kalparikh
    07-02 07:53 PM
    So if I-485 was delivered before 10:00 AM...........

    Does I-485 will be rejected / return back to sender / it will porcess?

    please post your views...........




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  • alterego
    03-08 06:27 PM
    Very well written. I can tell you through my observations of living in this society for 35 years:

    1) People leaving because of long wait is a losing argument. Available information doesn't back it up. We have had severe retrogression since 2005 (h-1b quota cases have finished in matter of days)

    2)USA is destination of choice. 9 million people file through greencard lottery for 50,000 slots and the main populated countries aren't even eligible to file (ie., India, China, Pakistan, Canada, etc.)

    3) Call it what it is: Employment base immigration is least impacted. It is the only class of immigrants who are allowed to work/live in USA while they wait for greencard. Just about every other class has to wait outside until their number is called. This is number one impediment to EB grievances.

    4) Stating that one is paying taxes, etc., is also losing argument. You are comparing yourself to the people who are here unlawful. Paying taxes isn't some virtue, it is the law.

    5) Country quotas is fundamental to US Immigration. Getting rid of it for one class; ie employment base without looking at the whole thing is waste of time (ie., lottery, family base, etc.).


    Now I don't want to get people upset but let's look at some things that have happened since 2005:

    There was considerable debate on immigration.com of how the country quotas work and spillover of visas. Depending on how you read the law you would keep coming up with different conclusions. One way was to look at it as hard cap of 7% across all 140,000 visas that is 10,000 or so and it didn't matter about eb1,eb2, eb3. Any unused visas from ROW in EB1 would not go to india but rather flow down to eb2 row and then eb3 row. That s unused would go vertical instead of horizontal.

    In uscis fiscal year 2004 eb3 went unavailable in summer of 2005. Statistics showed that India went well over their 7% limit.

    In USCIS fiscal year 2005 we had severe retrogression for India. Visa bulletin states that spillover will be vertical instead of horizontal. Statistics showed that India only received 10,500 visas

    Now, fiscal year 2006 . We have slow movement in visa dates; it appears that they are going vertical with spillover. However, in July 2007 they make it current for everyone and India goes over the 7% limit.


    Fiscal year 2007 it appears from visa bulletin that they are going to go horizontal instead of vertical. No statistics yet of how much went to India.

    Therefore; department of state has changed policy, interpretation without law change. Talk to many lawyers and they will tell you that spillover is supposed to happen vertical instead of horizontal. indian nationals have been benefitted greatly by department of state changing it on their whim. You don't see many people from ROW on these boards bellyaching about this; or contacting senators, or threatening lawsuits do you?

    This is something to think about? As people keep highlighting this issue and if they continually point it out to lawmakers and someone from ROW gets the birght idea to challenge department of state then it will make it worse for India. I don't foresee any change whatsoever in country quota limits; mainly because it is fundamental to immigration and fundamental things don't change very easily.

    In defense of the EB2I argument thought UN, I could argue that the Horizontal spillover was right all along and it was EB3ROW that benefited since 2005 at the expense of EB2I + C.
    As you rightly point out, there is room for interpretation in the way the law is written, and that is why we keep having this discussion. I remember vehemently having this discussion with you on immigration.com. The bottom line is I am still waiting having been "current" twice since that time, I believe that there are many Eb3ROW folks with PDs later than mine that have sailed through ahead of me! The interpretation view of spillover over the last year is the only thing that gives me any hope near term.
    In the mean time, those like me have dealt with a barrage of other processing changes that have also affected EB2I ie Labor Subs., Eb3-EB2 jumpers, the July VB fiasco impact on older 485s etc. Not sure about the exact extent of each, but nonetheless, you feel screwed by the system when your 485 is pending for near 4 yrs.
    This is one harrowing experience everyone wants to forget once they get greened. Thanks for sticking around with your valuable insight.




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  • payur
    03-08 04:07 PM
    If you look at what you dont have in life, you have NOTHING; If you look at what you have in life, you have EVERYTHING

    I hope this helps:)




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  • Up for grabs: A Webby award


  • tabletpc
    09-15 05:11 PM
    In my many years I have come to a conclusion that one useless man is a shame, two is a law firm, and three or more is a congress. - James Adams...


    Get back guys. Don't waste your time on GC discussion. D what you love most, things will eventually fall in place.



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  • buddyinsd
    08-20 08:16 PM
    My attorney says it cud also result in delay of the process...its a 50-50 chance.

    Dozn't matter whether u inquire or the attorney doz and thats why they have an option when u call whether u r a representative or the petitioner himself...Anyways if u think its worth a try go for it.

    I think bottom line is it depends on the IO having ur case and sitting on it doing nothing...

    I contacted my Attorney (Its company attorney) and he told me that he will make an enquiry with USCIS. Apparently he has a list of all the pedning cases who are current this month and he is planning to send the list to USCIS.

    Lets see what i get next week. Week 3 done. Week 4 starts!




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  • Ashok
    05-23 11:54 AM
    Sent emails to 2+10 senators.



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  • dtekkedil
    07-06 09:53 PM
    Lot of people are sending scornful messages along with their flowers. Please refrain from doing that. The message should be something along the lines given below -

    I understand your agency does all it can; Do the best job it can.
    I also hope you empathize with the frustrations of a legal immigrant.
    A small token of peaceful protest and hoping for the best.

    This is necessary in order to stick to our theme of Gandhigiri!




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  • gcbikari
    04-25 01:50 PM
    [QUOTE=gcbikari;242385]Did you ask Attorney what happens if your employer still choose to Sue you? My friend's attorney told most of cases will be settled, but we might loose money up to 10K. Is it woth it doing? Also if we choose to fight, we might have to attend hearing (may be in different state based on your agreement). I am an employee too, and with you on this. I'd say if attorney guarentees he'll win our case we can go ahead.[/QUOTE

    as per the attorney, the case history of employers who won using non competes in the court are very rare unless the law suit is agiainst key personnel and court gets convinced by the legitemate business interest. If the employer still chooses to fight, he has got more to loose than me because of non payments of wages also being involved here. since non compete has been used just to escape the wages, courts wil be more hard on the employer and will consider it as threat rather than genuine.

    Thats good news. I think the attorney I met represents more of employers and so very reluctant on mine. I believe I still have hopes, I will look for a good attorney again to get mine reviewed.



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  • raghav0
    09-24 01:03 PM
    I cant believe that this kind of "Crab Mentality" would still exist especially now when we need to stop cribbing about these petty issues and unite to fight for our cause...Please GROW UP!!!




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  • asdqwe2k
    07-02 03:15 PM
    Your greed got you...



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  • 2ndJuly
    08-14 11:43 AM
    did you get any email from CRIS? Assuming you had a 'Y' for email.
    GCCovet

    Yes I got two emails from CRIS for each application as "Card Production Ordered"
    and a third email as "Approval Notice Sent"




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  • harikris
    09-10 07:55 PM
    Hi,

    There are several restrictions/constraints for many ppl for not being able to devote time/money for the general cause. Let's not fret about the reasons. While it would help for all ppl to join forces that should not distract the group that is doing something about the issues.

    And ppl on the sidelines - pls don't be a passive professional critique. However valuable your comments and ideas are they are useless without acting upon it - they are just like seeds sown in a barren land. The good work of the forum will continue without your presence. With your involvement we all can reach the goal that much more faster.

    My Labor certification is actually filed in the state of IL. But i am on an assignment in MD till Sep 2010 (after filing for relevant amendments).
    It's ~5 hrs drive for me to Baltimore/Washington-DC. So, coming every week for a meeting is not practical. I am extremely eager to support OUR cause given the commuting constraints. I have already written to our congress man here to bring to his notice the struggles of wannabee immigrants.
    So, where do i sign up?



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  • alisa
    09-14 10:43 AM
    What do you guys think about ROW EB3? Any chance for them folks or are they SOL as well?

    I am not sure what SOL stands for.
    But I can assure you that EB-3 ROW has very little hope. My estimate was that EB3-ROW's wait times were around 5-6 years.
    But now, I have a feeling, that its going to be more like 10+ years. And 10+ years is a long time. Some sort of reform will happen in the next five or six years, and even that reform is not likely to get us greencards, since it may emphasize the family-based applicants.




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  • dudes2006
    11-17 03:59 PM
    Done Thanks ! Also email couple of my friends.



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  • tp976
    12-07 02:45 PM
    Apahilaj,

    FP is definitely not connected to background check. I am sailing in the same boat. My application date was july 17th and notice day was Sep 10th. I opened a SR 45 days back with no response. NSC-TSC transfer case..:confused:

    exactly same case, applied july 17th, notice date sept 10th, transferred to TSC




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  • summerof98
    06-11 04:57 PM
    Yes, All of my checks got cashed today and i got all the reciepts in mail. ND is 06/01 and RD is 06/06 from Nebraska.

    VK373,
    Did you actually get all the receipts by mail or did your attorney/employer get them?

    Thanks.



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  • newbee7
    12-17 07:49 PM
    Check out the story on GregSiskind about a family with kids seperated due to immigration woes. Thank god that at least most of us are fortunate enough to be with our loved ones.

    http://www.omaha.com/index.php?u_page=2798&u_sid=10211326




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  • desi3933
    07-10 10:18 AM
    Thanks for posting this link. This is a must read on AOS.

    This link is for section 245 in TITLE 8 OF CODE OF FEDERAL REGULATIONS (8 CFR) (I think!) . This CFR may have other sections of use for us. For example, there may be section 240 that explains some other GC stage.

    Please post a link that is table of contents of CFR. That is, it gives all section titles in CFR: Sec 1, Sec 2, .. Sec 245, Sec 246, ... Thanks!

    TITLE 8 OF CODE OF FEDERAL REGULATIONS (8 CFR)
    http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=e6f9e66480441fe548dfe78bf2aff 82c




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  • english_august
    07-06 02:59 PM
    Alright friends, so we now have a lead item on Times of India on this effort.

    http://timesofindia.indiatimes.com/articleshow/msid-2183334,prtpage-1.cms

    Can we now have some of the Nays turn into Ayes? We now have proof that this effort is attracting media's attention, we now have proof that it is viable. Can we please make it a smashing success by getting great numbers?




    bluez25
    07-03 09:22 PM
    Why the IV members are not making this simple protest sticky so that it gets more visibility with all the users.




    alterego
    10-26 12:03 AM
    Hi Ahimsa and other poster who questioned this:

    Why SKULL bill ? As a high level manager I have learned after years of experience that you need to use good sense of humor, satirize when confronted with insanities and very stressful situations. In my life such a twaddle this immigration process has been that I need to come up to this forum and sometimes make some of us laugh a little bit from this situation. Calling it SKULL bill is a way to apply my sense of humor to this process. Please do not take this as an offense.

    Please, please. Folks, didn't you see immigration-law.com and AILA.org - a reliable pro immigration sources - outlining that that anti CIR calls outnumbered the pro CIR calls 400:1 ? Go to AILA.org and research the info there by yourself if you don't trust me.

    One more indication for you, which doesn't rely on biased polls:
    In spite of massive lobby and muscles leveraged by the corporate sector, why do you think immigration bills - both pro legal and pro illegal - have been unsuccessful in the last two years ? Come on guys, by now you should not be questioning whether the public is against amnesty or even legal immigration. It is evident that the majority of citizens do not benefit from more immigration. Do you have an idea how much lobbying $ got involved on this without much success so far ? I am surprised that you are even raising this question. Why Americans should want more foreigners to compete with them when the real wages have declined ? That would defy logic.

    Here, a fresh related evidence. Those who have an open mind should be able to understand this:
    http://diversity.monster.com/articles/coming_to_america/?WT.mc_n=MNL000283

    Does the Workplace Welcome Differ?

    Are Americans more welcoming to Asian immigrants than to Hispanics/Latinos? C.N. Le, who directs the Asian American Studies Program at the University of Massachusetts, calls it "a complicated issue." She thinks that "Americans in general are becoming slightly less welcoming to immigrants in general. Part of it has to do with illegal immigration, but it spills over and affects legal immigrants too. There is always workplace tension between those who gets jobs, and those who get left out."

    Talk about this article and get advice on the Diversity at Work message board.


    Here is a fresh poll for you, since you asked:
    source:numbersusa.com (the poll was not conducted by numbersusa.com though).

    QUESTION A: If immigration continues at its current level for the next 50 years, experts estimate that it will add approximately 100 million people to the United States population, which currently is 300 million. Knowing this, would you say the country needs to:
    % SAYING

    NOTE: Typically, poll results for categories are released to the public in rounded numbers that will tend not to add up precisely to 100%.

    REDUCE number of immigrants INCREASE number of immigrants Keep number the same Not sure
    ALL VOTERS 64 3 26 6
    Male 64 3 26 6
    Female 65 2 26 6
    PARTY
    Democrat 59 2 32 6
    Independent 59 4 31 4
    Republican


    Immigration is a demographic imperative for America and the rest of the western world. Fact is the modern western cultures that empower women, encourage them to the workplace, make contraception/abortion freely available and make alternative lifestyles a choice, leads to a drop in fertility rates. Liberal leaning countries have amongst the lowest fertility rates, well below replacement levels.

    The above makes it an imperative to import labour and yes sheer people to take care of the old and infirm, to keep the service sector rolling even if manufacturing etc is outsourced. The only question is what kind of immigration and how much of it. In short the answer is the USA is not a dumb country, it generally always acts in its self interest faced with these choices. I believe EB immigration will soon be liberalised. This would be a smart thing especially if coupled with a crackdown on illegal immigration.

    US population is growing yes, but the elderly population is exploding. More are getting older (baby boomers) and once there there they are sticking aroung longer. I wish there was a measure of working age population only, the growth of that population is probably much less than that of the general population.



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