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  • chanduv23
    08-17 12:10 PM
    So, lets stop this here :)

    SRK says - it is a procedure but it isn an unfortunate procedure. Which in my opinion is true.

    I did go through secondary inspection once in Atlanta, GA back in 2004 and it was kinda absurd. My name did not flash on computer but here is what this officer told me "Something wrong with the Chennai computer they have not uploaded your visa information. Did you really get this visa from Chennai Consulate?". Well, being a software engineer, I did understand that it is a system glitch but what can I do? I showed him my i 797 and all documents including EVL etc..... and he said i have to go through secondary inspection. Then at thesecondary inspection they asked me if I picked my luggage, I was taken aback because u r allowed to pick luggage only after the clearance and I said "no". they had a separate "officials only elevator" to baggage claim and asked me to go through that and bring my baggage and I did that. They asked me to open my bags and I did that. Then asked me which service center approved my h1b visa? I said texas. they looked up on their computer for a while and then took my i 797, tore the i 94 portion folded it and stapled it along with the white i 94 card and said I can go. But I decided to get some clarification and I politely asked the officer, why did I have to go through this? She politely said "It is a process". I asked why did she tear the i 94 portion of my i 797 and staple it to my passport? Do I have to keep it and what is the significance. She wanted to get me off her shoulder without asking questions and said "Yes, it has to be there, it is a proof, thank you and do let me know if you have any more questions" and smiled.

    While we all debate that procedures are followd in best interests of national security, at times we must also understand what these procedures are and how do they help.

    Some argued that because of tight security another 9/11 could be averted.

    Some argued that SRK is no VIP.

    In my opinion SRK is "no matter what" a star and an icon. Those who trash him, must understand that people like him have capabilities that u or I lack and thest why he is such a star. They can win hearts of people "children, adults, youth" they can entertain you and make you happy and on top of it al for them it is life and career path and they are best possible candidates for ambassadors for anything ranging from peace to disease to unity etc.... everything because of their charm.

    SRK managed to get DHS officials to speak and atleast give a statement which we as a community never managed to but we accept all this as part of life and think why should this guy not be treated like us.

    Folks - it is not easy to become a star and gain all this popularity - it is challenging which includes a lot of dedication, efforts, luck, timing and so many different things people have to do. Life of stars is not that rosy as they "smile" and wave to people. For them every minute and second is a challenge - they are not like American Lawyers or Doctors who have ABA or AMA who control the flow and competition always keep theem rich.

    The world is a small place and we all have to wake up to reality. Prof Gates gained such traction because he was having contacts with the president. Now if not for his incident, and not for the President vouching for him we would accept "it is how things are and live with it"

    We accept everything and say "it is how things are" at workplaces, or anywhere we put ourselves down and say "It is a part of culture" we have to live with it.

    The issue with us all is "We are highly educated and talented" but we never learned those lessons in schools where we stand up for causes - we are ready to blame and bash the victim - this is what exactly we do because first thing - we do not respect a victim, as it is not "us" and when it happens to us - we tend to live with it and not discuss it or do something about it.

    So folks lets stop it here. Stop blaming SRK or CBP. If you do not want to see his movie, no one is forcing you to.

    Things do happen for a reason, and it all depends to how you face situations like this in your life. Look at such incidents to get an idea of how to deal with things.





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  • grupak
    12-13 12:04 PM
    --I think, per country quota system was framed with diversification as underlying principle, not discrimination.

    Depending on which country you are from, it may seem like discrimination or fair system upholding diversity.

    If you are from India, you would hate it. There are truckloads of programmers in that country. But if you are the only graduate with programming skills from a country like timbaktoo (?), you would love it. You also got a shot at american dream.

    This EB quota system reminds me of Caste reservation system in India. To some that is fair, to others, it is unfair. Depends on which side of the fence you are.

    Fairness or not is not the issue. Question is can it be challenged in a court? Diversity at work place is encouraged through outreach for example. But you cannot discriminate in employment based on national origin. Employers can't put quotas for employee diversity. Employment based immigration I don't think can count because part of the requirement for holding the job is that the employee have a valid work authorization.

    For example, someones H1b 6yrs runs out the without possibility of extension, you cannot cry discrimination from the employer for not hiring you beyond 6yrs. As I said, the employers don't force you to not change job or job title. People don't because they will lose their GC or spot in the GC queue.

    As an unrelated side note, the current quota system is something that has evolved from past policies some of which was used to restrict citizens of certain countries.





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  • illusions
    05-01 06:45 PM
    As a fellow Sri Lankan and a member here at IV, i'd request u guys stop posting opinions and views here on a Immigration Forum.

    I'd like to request that the Admin to please close this thread as it is irrelevant to Immigration. If any of you would like to discuss politics then please do so in another forum that is meant purely for that purpose.

    Some have written some harsh remarks about SL, without even knowing the facts, i for one take some of them personally.

    I'm not here to say that i agree / disapprove anything that any of you have said, i'm just saying that there is a place to discuss these issues and i'm sure the Admins here also agree that this is not the place for politics.

    Appreciate you consideration.





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  • JazzByTheBay
    12-13 04:34 PM
    If someone from country X, Y, or Z comes in on that same quota, that's OK - but we can't accept folks from countries A, B and C??

    jazz

    Let's assume that it can not be fought within US Constitutional framework then do we have a choice to bring this to international court level? Can US prove that keeping per country immigration quota for EB categories is not a discrimination but a policy to protect its citizens or per say to protect its industry/economy?



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  • illusions
    05-12 09:58 AM
    Illusions,

    If BBC, AFP, AP & Reuters are considered a reliable source of information, then what is happening in Sri Lanka is genocide.

    Please quote these sites where they mention what is happening in Sri Lanka is a "Genocide". What happened during WWII was a genocide of the Jews. The camps where the IDP's are kept are temporary where they are checked to make sure that there are no suicide bombers, terrorists etc. The LTTE is known to hide behind civilians and attack, like they do now from the safe zone. They are preventing the civilians from leaving the safe zone... so in effect the LTTE is committing a genocide. If there is a Genocide then you would see it everywhere in the country, which is not happening. Half my family side is Tamil, and live in the south / central and west of the island. They are all fine and have no issues, now you go figure.

    Having said that i'm not gonna say that the SL gov is an angel, it has it's bad side and good side. I don't agree with the govt that Independent journalists should be kept away or intimidated, but coming from south asia (or any part of the world for that matter), you won't get any govt that is 100% good.





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  • newuser
    09-23 09:15 PM
    E-mailed everyone on the list. Only one bounced ID.



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  • reddymjm
    09-23 03:42 PM
    Markus.Rose@mail.house.gov,
    Committee@mail.house.gov,
    Larry.Lavender@mail.house.gov,
    Philip.Swartzfager@mail.house.gov,
    Dave.Oxner@mail.house.gov,
    Michael.Staley@mail.house.gov,
    Scott_Hoeflich@Specter.senate.gov,
    Thomas_Dower@Specter.senate.gov,
    Lisa_Owings@Specter.senate.gov,
    Matt_Kelly@Specter.senate.gov,
    Sheryl_Cohen@Dodd.senate.gov,
    Rebecca_Freedman@Dodd.senate.gov,
    Jim_Fenton@Dodd.senate.gov,
    Patrick_Grant@Dodd.senate.gov,
    Lori_McGrogan@Dodd.senate.gov,
    Alex_Sternhell@Dodd.senate.gov,
    Laura_Friedel@Shelby.senate.gov,
    Emily_Titlow@Shelby.senate.gov

    Chad_Davis@Shelby.senate.gov,
    Peter_Olson@Cornyn.senate.gov,
    Beth_Jafari@Cornyn.senate.gov,
    Reed_O'Connor@Cornyn.senate.gov,
    Cynthia.Martin@mail.house.gov,
    Matt.Thome@mail.house.gov,
    Melody.Light@mail.house.gov,
    Ed_Pagano@Leahy.senate.gov,
    John_Dowd@Leahy.senate.gov,
    Bruce_Cohen@Leahy.senate.gov,
    Bill_Yeomans@Kennedy.senate.gov,
    Carey_Parker@Kennedy.senate.gov,
    Eric_Mogilnicki@Kennedy.senate.gov,
    Stacey.Leavandosky@mail.house.gov,
    Erik.Stallman@mail.house.gov





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  • ajay
    07-07 07:17 AM
    There are several threads discussing this topic, but I have not been able to get a firm answer for my case.

    I have an approved I 140. I waited for six months after applying for 485 and accepted a job with another employer. I am working for this employer on H1B.
    I now have a visa valid till 2011.
    My confusion arises here -
    I am planning to go for a vacation to India and understandbly due to PIMS delays do not want to get my new H1 stamped.
    Can I use my AP to enter the country and continue to work using my H1?
    I know from this forum that many people have returned on AP and continued to work on H1, but in their case they are still working for the original Green Card sponsor.
    All my excitement about going on vacation has dimmed because of this confusing factor.
    Any inputs will be greatly apprecaited.



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  • sumagiri
    10-07 04:47 PM
    I have built a very simple EB2-I Visa predition model

    Making following assumption

    15000 new EB2 ROW I-485 applications
    12000 new EB1 I-485 applications
    EB4/EB5 use 70% of allocated visa (30% spillover)


    EB2 Visa Bulletin prediction for FY 2010
    Bulletin Quarterly-spillover Annual Spillover
    Oct-09 22-Jan-2005 22-Jan-2005
    Nov-09 22-Jan-2005 22-Jan-2005
    Dec-09 31-Mar-2005 1-Feb-2005
    Jan-10 31-Mar-2005 15-Feb-2005
    Feb-10 31-Mar-2005 31-Mar-2005
    Mar-10 31-Mar-2006 31-Mar-2005
    Apr-10 31-Mar-2006 31-Mar-2005
    May-10 31-Mar-2006 31-Mar-2005
    Jun-10 15-Oct-2006 31-Mar-2005
    Jul-10 15-Oct-2006 30-Sep-2005
    Aug-10 15-Oct-2006 30-Apr-2007
    Sep-10 31-Mar-2007 30-May-2007

    Sachug, it is a great attempt to compare the quarterly and annual spill overs. I made rough calculations couple of weeks ago with annual spill over. However, I assumed around 25K ROW visas(both pending and new) for EB2. And assumed only aroudn 125K for AOS keeping 15K for CP. I will compile all of my assumptions and post here. Overall, my calcs estimated EB2 move to Dec 2006. By the way, I hope you took China in to consideration for spill over.





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  • Nikith77
    06-12 06:36 PM
    To be honest, I do agree that the US needs qualified people with skillsets. The real question is "Are the people from the desi consulting companies the real qualified lot ? " Just to get my background details out of the way. I am a new member, from India ofcourse, and I have recently applied for my citizenship. Now with this huge deluge of immigrants, especially from the desi consulting companies, I feel that my quality of life is getting adversely impacted. Do not rush to conclusions that I am anti Indian or anti immigrant. 12 years back when I first got my H1 visa, the requirements to qualify were strict. Staffing companies to a decent extent followed rules and tried to get the best and the brightest. Once the dot com boom started, people from all walks of life entered IT. This was true of not just the Indians but also of people in the US. Soon after the bust, the value proposition from these staffing companies was simply low cost. This is not to blame the staffing companies. They behaved in an economically rational way.

    Consider this scenario. If you run a consulting company, wouldn't you try to maximize your profits by staffing people in projects at the least cost ? This is econmically rational. You wouldn't worry much about the quality of the deliverables and all you would care is to dump as many bodies as possible at the client site or offshore and get the maximum bang for the buck.

    In this scenario, how is it feasible to expect immigrational justice when the bodies themselves dont provide exceptional talent and skills but simply offer low cost ? Now you would be tempted to bring in the analogous case of illegal low skilled immigrants. Remember they are just that - low skilled workers. They dont "steal" the jobs of high skilled workers. But this dumping of IT workforce has completely brought down the standard of living of the IT workers here. To be honest, those who get green cards today would feel the same way five years from now when the next wave of so called "skilled IT immigrants" offer even lower wages and destroy the quality of life.

    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. Only the weak are currently scared of the delays. I went through the same torrid GC phase after the tech meltdown in 2001. I was not worried of my job then but many people whom I knew got clobbered and were forced to leave. This is the darwinian flush and it will take its toll. Trust me this the bitter truth. If you people still consider that all the people on H1/L1 are part of the best and the brightest, they are WRONG. Only a small % (probably 20%) are the true best and the brightest and a good 50% will be flushed out. Sorry to say this and hey give me the red dots.
    I think you are over confi....... but best of luck to you.



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  • zbd
    10-18 11:36 PM
    I'm not looking for a citizenship but I gotto live here and almost getting Canada PR. If this is the case, anyway I'll lose the PR 5 years later since I couldn't stand there 2 years long in 5 years.
    Please advise.





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  • Lasantha
    12-14 04:48 PM
    I did not mean sector. I was refering to his statement about people from one country monopolizing the visas.

    I am sorry but I still cannot see how a 7% per country upper limit criteria allows any one sector (say IT) from monopolizing all the available visas



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  • venetian
    05-12 10:11 PM
    Just a few...


    Sellapan Ramanathan - President of Singapore
    Sir Veerasamy Ringadoo, ex-President of Mauritius
    Ariranga Govindasamy Pillay - ex-Chief Justice of Mauritius
    Angidi Verriah Chettiar - ex-Vice President of Mauritius
    Subrahmanyan Chandrasekhar - Nobel Laureate and University of Chicago professor.
    Navanethem Pillay - United Nations High Commissioner for Human Rights (originally from South Africa.)
    James Appathurai -NATO Spokesman (from canada)
    Lakshmi Sahgal - Freedom fighter settled in Kanpur
    Tun V.T. Sambanthan - One of the founding father of modern Malaysia
    S Jayakumar, Deputy Prime Minister, Singapore.
    Tharman Shanmugaratnam, Minister of Education, Singapore.
    Vivian Balakrishnan, Minister in, Singapore.
    S Rajaratnam, ex-Deputy Prime Minister, Singapore.
    S Dhanabalan, ex-Minister, Singapore.
    Radhakrishna Padayachi, Minister in Republic of South Africa.
    Gunasagaran Gounder, Fiji politician
    Perumal Mupnar, Fiji politician
    Aruna Roy - head of Mazdoor Kisan Shakti Sangathana, Rajastan
    R. K. Laxman & R. K. Narayan, lived in Karnataka


    I did not include Sri Lankan Tamil politicians or sports persons.

    I can go on and on...

    Again, do some research before commenting


    Source: http://en.wikipedia.org/wiki/List_of_Tamil_people

    @venetian:

    I was not responding to the Sri Lankan issue - please don't read it as such. As I said, my comment was tangential to the discussion thread. I was just writing about my observation of the behavior and attitude of Tamils in general in India.

    @jerrome:

    Your point about MGR/Jayalalitha/Rajanikanth just proves my point. These people migrated to Tamil Nadu, made it their home and 'assimilated' by learning Tamil and considering themselves Tamil and showing their love for Tamil - they did not become famous in TN by propagating Telugu/Malayalam/Kannada. Now, if only you could provide some examples of the other way around - Tamils who migrated elsewhere and who made the host cultures proud. Can you?

    There definitely are Telugu/Malayalam/Kannada natives in TN - but without exception, they have 'Tamilized' themselves to a great extent to live a normal life. Is the converse true?





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  • hopefulgc
    02-12 08:40 PM
    Poll results thus far: 201Yes 36No
    Wow.. guess who is unpopular around these parts :)

    As suggested by many, its time to find out what we can get together as far as commitment goes.

    I am a lowly member. While I have raised this issue, I think there is definitely someone else here better than me at leading this issue & getting people together. So if the moderators can allow members willing to step forward and help out with this, to have edit permissions on this thread, that would be help

    We may have different school of thoughts, but we are all still IV. No matter what we do, it is more important for us to be united and not let an issue like this cleave us. It would be nice to hear where the IV leadership stands on this and what kind of support can be expected.


    Can the moderators please modify the poll to be the following or add another poll to this thread. I don't seem to have the requisite permissions.

    Q) Do you commit to participate in a class action lawsuit against USCIS
    Options:
    1) I am willing to commit $10-$20 needed for the initial consultation ($600-$1000)
    2) Yes. I am willing to commit $500
    3) Yes. I'm willing to be a plaintiff ( full name and full contact info required)
    4) Yes. I'm willing to commit $500 and become a plaintiff as well
    5) No. I don't think it will work


    More info:
    ----------------------------------------------
    What: Lawsuit against USCIS

    Why: Possibly the only near term solution to retrogression. 218,759 visas are available for recapture and those numbers were lost due to systematic agency delays and bad policies (i.e. name check). The terms of settlement would include RECAPTURE OF LOST VISAS along with recovery of cost of litigation. Apparently, about 50 asylees have filed a similar lawsuit to challenge the retrogression in their category.

    Who: All thos who are willing to make this change. You indicate your willingness and support by saying 'Yes' in the poll above. The poll above is just a headcount. We are hoping we can count on you for support.

    How: We can kick this off with an initial consultation with an attorney. A $$ collection will soon be organized depending on the support expressed in the poll.

    Can we do it? Yes... If we can come to this great country with just 2 bags in our hands and create a life for us here... we can totally do this.

    NOTE: IV core forever rocks in our books for what they did relating to July 2nd. IV's agenda cannot be discounted. We are all part of IV and it would be very nice to get direction from them on how can take this further correctly. We will see members who do not agree with our point of view. The least we can do is attempt to understand their point of view.


    Great info posted by member lazycis related to this:
    http://immigrationvoice.org/forum/showthread.php?p=222939#post222939
    http://www.dhs.gov/xlibrary/assets/cisomb_annualrpt07__June_11_2007_section3e_untimel yprocessing.pdf

    Original Post follows:
    ----------------------------------------------
    Clear up your mind for a little while and consider this:

    The whole working world lives by on one simple rule ..... GETTING PEOPLE OFF YOUR BACK.
    The bigger PITA (pain-in-the-ass) you are... the higher is the priority you get.

    As a community we will need to become a PR nightmare for govt. officals... simply being an inconvenience is not going to cut it... we will have to become a "a cactus that is stuck in the colon".

    USCIS says EBs are retrogressed because there are XXXXX people in the queue. Why is the queue so long? Because they wasted numbers in the past and kept the queue long. This is pure operational inefficiency that is resulting in monetary, emotional and mental loss to about a million people.
    This is a valid ground for a class action lawsuit.

    By filing this suit, we will become the "cactii in the colon" that they will have to address. And you know what the easy out of court settlement will be..... RECAPTURE!

    We will keep lobbying and crying as we usually do.. But this thing has a far better shot than anything else.



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  • kuhelica2000
    02-12 05:58 PM
    Quota means a guaranteed number of visa for a country. For example if there is a 3% quota for monorities in college admissions, it guarentees 3% will go to minorities. There is no such quota for green card; only maximum limit a country can use. Even with this limit India captures more visas then any of the ROW countries.


    Getting rid of quotas will help. We will not be in a situation where
    - EB2 is current for ROW and unavailable for India.
    - EB3 is in year 2005 for ROW and stuck in 2001 for India

    Adding more visas is a legislative process. Applying per country quota is as
    per DOL�s discretion.





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  • gude.ravi
    10-10 09:03 AM
    I agree. This is one of the good ideas to do. Most of the people can afford to buy a home in this down market. This idea is better than being badly treated by bad employers.



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  • prinive
    02-12 01:16 PM
    I dont think so....:o If that happens, I will send you a bag of sugar to you... :rolleyes:

    September 2001 will be current next month for sure ...





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  • sroyc
    09-24 02:06 PM
    Read any visa bulletin. It's in there.

    SROYC,

    Can you give me USCIS or any other authentic Doc/link which states ICMP share is 7% of 28.6% ? In years I have not found such doc. Therefore, assuming USCIS works fairly :D I had to divide 28.6% by 5 - equal share for each country within particular category.

    Yes, there are many other factors we will have to factor in like incoming flow of applications, swith over count, spillover at the end of the year.





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  • sumagiri
    07-23 08:04 PM
    Yes i am very much implying that ..EB2 PD was 02 in Dec, 01 in Jan, Unavailable in Feb-March 08. So there where very few visas given to EB2 india in first 8 months. Same with China went back to 03 in Dec and stayed there for most of the 8 months period.

    From Dec 08 Visa Bulletin

    Sachug22,

    It may be simply because EB2 numbers are used up fast for the quarter. It is right now a blind spot and an estimate of what happened depends on perspective.

    Any how, you brought up a new perspective so gave you a green.





    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....





    thepaew
    05-29 10:03 AM
    I guess people who work in IT have a very IT-centric world view. I don't and I know several EB1 candidates. They are extremely qualified and have extraordinary ability that can be documented with PhD, papers, patents and awards.

    Even if we prevent possible abuse of this category, it will not help retrogression for EB2/3-I. The only fix is going to be legislative and we should focus our energies on that.

    I am not sure if EB1 India cap of 3000 visas has been met already. If it was met, then they would have set a priority date for EB1 India too. Assuming that it is not being met, these project managers along with their spouses should be taking only a very small number and that shouldn't contribute much to EB2-3 retrogression numbers. So our real problem is lack of numbers for EB2 and EB3.



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