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  • royus77
    07-09 04:45 PM
    I hope this lawsuit fails. Looking ahead this lawsuit, if it succeeds might do us more damage than good. Law of unintended consequences states that something can happen we haven't thought of.
    Supposing, if lawsuit goes ahead and wins, one outcome might be - USCIS might start adhering to strict interpretation of 7% per country, or curtail spillovers drastically. Then we are in deep shit.


    what made you think so ?Do you think they are violating the law and allocating more than 7% to other countries?





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  • akred
    01-28 12:50 AM
    From what I've read, the country caps were originally intended to soothe fears of uncontrolled immigration from the 3rd world. Similarly, the diversity lottery was supposed to increase immigration from Europe.

    Both schemes are essentially restrictionist ploys to maintain a white America.





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  • gcisadawg
    02-13 01:49 PM
    Ash, I agree with the message but you need to work on the choice of words. This not ethnic cleansing or lynching or systematic targetting. I'd say America is going into a protectionist mode. When you are in that mode, the first step is to keep aliens at a distance.





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  • immigrant2007
    07-29 10:21 AM
    The issue with not filing green card is ,even if it is written in offer letter..The lawyer can always come and say ' We tried our best to apply for your grene card. But we could not demonstrate that we could not find american citizens with minimum requirements.'
    A promise is a promise whether verbal or written.
    In this matter desi consultancies are far better.

    I know you are not going to like my reply...but written is a written issue. Desi consultancies and body shops have thier own issue. Infact they exploited the system and candidates to the core.
    Having things documented is the best way. If a company had to play fould it can do it anytime (even on verbal). I also learned the hard way. While writing we can still refere outside lawyers (of our choice)



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  • feedfront
    10-11 11:38 AM
    Status changed to 'Your Case Status: Request for Evidence Response Review'.

    Hope it will be completed in a week :)





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  • nojoke
    09-17 09:51 PM
    Oh my God, i am screwed, end of the world, life sucks, dont know what to do, i am crying, i am bleeding, screaming, God, superpower help meeeee, save meeee

    Get a life dude, you werent born thinking america

    If you don't like my rant stop reading it. What the hell is 'born thinking america'. Why do you rant about GC then? Why do you care being on this board? You go get a life. I never compelled to comment on my rant? Did I? You must have gone crazy



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  • ronhira
    04-09 05:02 PM
    You are right that it wont make any dent not becasue of the numbers of indians, chinease or mexicans but because we failed to identify the problem at a basic level.

    if we have a clear answer and hold on following questions i think then only we can make USCIS/DOS to behave.

    1) Is USCIS or DOS accountable for anything? if they do anything wrong can we do anything?

    2) If USCIS post incorrect and bogus numbers of demand do we have a right or anything to challenge them?

    3) If USCIS says that they are doing quarterly spillover and don't do that can we do anything legally?

    there we go again..... becoz visa bulletin dates did no move.... all of a sudden it means uscis/dos is not doing their job?..... get a grip of u'r self.....

    my date if 7th feb-05 & its just days away for over an year.... but i know that blaming uscis/dos won't do a shit for anyone..... becoz that's not where the problem is..... now don't throw bullshit at me.... saying uscis is not efficient blah blah blah..... if uscis is allocating 140K gc per year, that's good enough...... becoz its a wrong goal to setup 100% efficiency with uscis..... we all don't work with our employer 100% becoz we spend time scanning the web..... y do we expect uscis to work 100%....... for me uscis is doing their job if they allocate 140k gc per year...... period..... now stop this non-sense of blaming uscis/dos becoz that sets a wrong target..... the blame/fault for vb and backlog lies with the congress..... the least we can do is identify the source of the problem...... we do people here keep beating down on uscis & dos...... y r we do dumb.....

    and all these questions is totally a waste of time...... in the end lets say u get 100% efficiency, what will it get u..... 7 more green cards for a backlog of 1 million..... how stupid is it to get totally blinded by this misguided meaningless talk for 7 visas for a million headless chickens.....

    lets continue talking about uscis/dos..... who is next...:mad:





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  • paskal
    12-27 02:40 PM
    if i'm travelling TO India and transiting through paris/london
    and I have an Indian passport, WHY should I need to show a US Visa to avoid a transit visa? Does this make any sense? I'm not going to the US?????



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  • Macaca
    01-30 07:03 PM
    Asking employees to pay for H1 costs is not legal. It would be in violations of CFR.


    Is this a new rule? I have paid for my H1 with a check to INS (before name changed to USCIS). I think everyone else paid for H1 with pay check to INS. I was also supposed to pay for (non-company) lawyer fees for GC.





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  • prioritydate
    12-20 08:52 PM
    No worries for you, if you were inadmissible they would not let you back into the country.

    I think so. I went in an out of country 4 times. 2 Indian trips and 2 Canadian trips.



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  • ramus
    07-03 05:33 PM
    Very good plan...

    Also please dig this

    http://digg.com/politics/No_July_4th_Celebrations_for_Highly_Skilled_Future _Americans/who

    and also ask other members to contribute..


    My action plan:
    1. Contribute $100 to IV
    2. Send flowers to USCIS for July 10
    3. Write emails to local Congressmen and Senators





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  • indianindian2006
    04-23 06:34 PM
    Congratulations Googler



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  • justAnotherFile
    07-25 12:24 PM
    "Dude/Dudette, I give up. The alien's eligibility and admissibility is decided at I-485 stage - FBI name checks, medical tests ring a bell? The law explicitly states that visa number availabililty is a pre-requisite for the adjustment of status application in 245(a)(3). If you can't understand - or choose to refuse to understand - plain English, have fun arguing with yourself".

    Dude I apologize if my line of argument is irritating you so much. btw 245(a)(3) is not plain english its legalese. And I'm not the one arguing with myself there are others in this thread who read the law along the same lines. Anyway this forum is for debate and thats what we are doing.
    Probably this option is not attractive to you that you are so pissed with it.

    Btw I'm contacting some attorneys on my personal expense to interpret this.
    If they reach the same conclusion as you I'll be happy to accept it, i have no issues and I'll post it on this thread.

    But the fact is at this point I still believe there may just be a 1% chance.





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  • akred
    01-21 02:26 AM
    Assuming everyone stays the course, under these timelines

    1. At least 5% of applicants will be sponsored by their American children.
    2. Another 5% will have their first million and move to the investor's category.

    The timelines would be a maximum of 20 years or so, at which point people would be sponsored by their children.



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  • rajagram
    02-12 07:36 AM
    Hi
    I am regular reader of immigration voice as well, I am also able to pick some people from Hotel and drop them back to Hotel on advocacy days.





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  • lvinaykumar
    07-07 02:27 AM
    Good to see the line is moveing forward insted of backward :D



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  • chanduv23
    05-26 04:40 PM
    There is a rule that you are suppossed to carry your passport all the times if you are on a visa.

    Border patrol has the right to ask you for documents.

    Fines are like $100 or so - not quite sure.

    I was once driving on Adirondocks and was stopped by the border patrol. I showed my dirver's license but they wanted to see the visa. We waited there for sometime as they validated us on their computer and then let us go - they were friendly and suggested that it is always good to carry documents.





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  • gkrish
    04-27 03:10 PM
    Would like to post my experience at the point of entry recently.
    Just got back from an India vacation trip and entered thru SEA airport. Am still on a H1B(8 years running) and was a bit concerned about the posts saying that H1B are being questioned at the POE. In fact, before leaving I got a chance to speak to someone who runs a small consulting firm and his advice was to cancel my trip and avoid any Interntional travel.

    But I went anyways went ahead since I had the confidence/hope due to working for a huge American organization; a name which will anyone will recognize.
    I have a AP as well and was prepared to use it if faced with issues on re-entering with H1.
    To my pleasant surprise, the immigration process took less than 2 mts, the fastest in my personal experience ever. Just 2 questions were asked by the officer who was very polite and friendly -- where do I work and for how long. Thats it.
    Will conclude that if one if you work for a fairly reputable/well known orgn, then travelling on H1B should not be an issue.

    Cheers





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  • nosightofgc
    08-10 02:06 PM
    Now a days we are seeing more threads related to spill over allocation interpretation etc, but I have not seen any single post by IV Core about this. I am from EB3 community and share the frustration among others.

    I see a lot of people suggesting to port from EB3 to EB2, instead of wasting time on these discussions. Well, porting is not an option for most of us. It is either because we are working for big companies (who do not want to extra burden) or not able to find a small company which can help us.





    desi3933
    01-31 06:00 PM
    desi3933,

    Please correct me if I'm wrong but after reading this thread and from what I know ,what I understand is:

    From the time one applies 485 we should have W2 amount close to what is mentioned in LC.
    There is nothing like out of status thing from the time we apply for 485.

    But from the last entry to US on non-immigrant visa to the date of applying 485 once should be in status and if they are out of status for less than 180 days it is considered ok.

    My question is how do we show we were in status from the last entry to U.S on non-immigrant visa to the date 485 was filed ?
    Will the W2 be sufficient or do we have to show our monthly pay stubs.
    You mentioned in your 'Pandit' example about the H1 LC amount...how do we know what our H1 LCA amount is?

    I would highly appreciate response.Thank you.

    >> how do we know what our H1 LCA amount is?
    Your employer should provide you a copy of LCA for H1. In addition, your employment letter should mention salary, along with employment terms, and job profile.

    ____________________
    Not a legal advice.
    US Citizen of Indian Origin





    SunnySurya
    07-28 11:30 AM
    Sure, I will be. But the question is whether the object is for the human consumption or not . If it is then why not.. Yes, it hurts sentiments but a line has to be drawn between sentiment and rationality.
    Would you be offended if your picture is put on toilet seat??



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