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  • walking_dude
    08-05 10:39 AM
    Cases related to Immigration Law cannot be filed in regular courts. Only immigration courts/Judges can decide on matters related to immigration.

    Filing a case is one thing and winning it is a different thing. You guys will need an attorney who knows the ins-and-outs of Immigration law to win this case. I'm not surprised if AILA and USCIS (who have strong ties with AILA) oppose it in court. You guys think you can argue your case against these seasoned attorneys - without hiring an immigration lawyer, and win it?

    All I am saying is don't take decisions based on emotion. Give reality a chance.

    I have utmost respect for you Walking_Dude. Your leadership and ethusasm is phenomenal. But even in IV , I comes before We.

    Personally, I don't think one necessary needs a immigration attorney for this. This is a public interest litigation. The task is definitly not easy but if 50 people can join hands and willing to shell out $500 dollars. It is doable. But I doubt that will happen.





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  • masaternyc
    05-15 07:41 PM
    I think mbdriver is absolutely right, this would stop the exploitation of greedy consultancies and every one gets a fair chance.





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  • pappu
    07-14 09:27 PM
    Guys,

    Draft of this letter itself is an invitation for the investigation into Labor certification process for the individual who are suggesting they were qualified as EB-2, but their attorneys or HR reps told them to file under EB-3.

    Entire LC process is certified under the assumption that the employer in good faith has tried to hire US citizen and since he couldnt find a qualified US citizen for a that Job position, the employer is hiring an alien ( foreign national).

    I am not supporting this petition, even though i am a victim of the backlog centres and my labor took 4+ years for approval.

    We should all support IV's initiative for recapturing of wasted VISA numbers from the past years.

    Fighting among indian EB-2 and EB-3 is useless and it defeats the purpose of IV unity.

    IV seniours should immediately intervene in this matter and stop further discussions on this useless petition which doesnt have any legal standings and in itself is an invitation from DoL and USCIS to investigate the individuals who signed the petition and messed up their immigration process.

    ------------------------

    PD: India EB-3 June 03.
    I-485 filed in Aug 2007 at NSC.

    awaiting I-485 approval...which will be 2-3 yrs down the road, if no relief from US congress.

    Right now enjoying the freedom using EAD.

    I have my disagreements with the letter content and have let it known in my posts on the thread.

    Pani you are an old IV member with IV experience and I trust that you would give second thoughts based on my comments.





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  • HawaldarNaik
    12-26 07:48 PM
    I like Amma's post, pretty good, well thought out and i stand corrected, in my earlier remarks. Good Post Amma indeed...



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  • SunnySurya
    08-05 02:23 PM
    Agree let us focus on 5882. Thats our best bet.
    Solution to all this is HR 5882. Even if will not make date current for all it will clear major backlog so people will see some hope in next year

    Please call your lawmakers and educate them ... once we reach house floor we might not have time to call all lawmakers.





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  • Rolling_Flood
    08-05 08:29 AM
    The said person should have been aware of what he or she was getting into. Blaming your hardship on other people and trying to get mileage out of it is hardly an honest way............would you agree?

    I am EB2 and I do not support this idea. Just imagine, someone could have applied in EB3 though he was qualified for EB2 because he was ill advised by his lawyers or employers. Why should he be punished for no fault of his?.



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  • lfwf
    08-06 03:45 PM
    According to you A acquires skills over a period of time and so does a person who went for higher education and is EB2. You also say that if there was no porting, A has a PD of 2002 (in EB3) and B has a PD of 2005 (in EB2), then they are almost in the same position.

    At this point both of us agree that A and B are equal, right?

    If they both are EQUAL, then can you guarantee that both PDs will move at the same rate?. If A�s PD becomes unavailable and B�s become current. B will get GC faster than A even though both were equal (from your logic). Is this fair, then?

    No one can guarantee that. and that is the whole concept of "preference categories" . So now its ok for A to jump to EB2 and leapfrog everyone with his/her 2002 PD? Does 5 years of work have that much value? He/She would be ahead of 2003 EB2 filers that may have been working on degrees since 1999. That's ok by you? The faster movement of EB2 makes up for the years of education. I say, by all means BS+5 shoudl file EB2, I just don't agree with the porting. That PD was for an entirely different skill set and job. I know its the law. I still disagree. Can do that last I knew :-)





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  • unitednations
    08-08 04:33 PM
    UnitedNations - You are simply amazing..I admire ur courage and feel more confident now. I think this thread has invaludable information so that people will be careful before giving any wrong information to USCIS and geting into to trouble later on.

    Question-
    --------------------
    Whtz if some does not have pay stubs after filing I-485..Is that a problem atall? Does uscis check only for the records until I-485 is filed. Please let me know. Also can I work as an individual contractor on W-2?

    Actually; I didn't think it was courageous at all. I had to practice what I preach.

    One of the reasons they ask for tax returns, w2's is they want to assess your intentions; if tax returns, etc. , is out of line with offered wage then it can make them think that it is not believable you will be doing that job once greencard gets approved.

    Once 485 is filed; you are in a period of authorized stay. At that point; you can sit around and do nothing; switch jobs, etc.; However; to keep working you need to have authorization (ie., EAD card if you don't hold H-1b).

    I didn't prepare my personal tax returns on purpose because uscis could have assessed my intentions differently. When I asked him why he wanted to see the tax returns for 2005 and 2006; even though I have unrestricted employment and I can do nothing if I please; he responded it was to assess intention. Since he saw I was self employed; if my tax returns were out of line with the offered job I was going to take upon greencard approval then they may not believe it.

    Now; I didn't give him any financial data for 2005 and 2006. Although this is legal; if I was going to port to self employment then he could have assessed whether I was going to become a public charge or how I was living in 2005 and 2006. I had all my financial documents (ie., bank balances, brokerage account); just in case he went down this road.

    he didn't but just in case he wanted to; I was ready for it.



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  • satishku_2000
    05-16 05:24 PM
    That's called pandering. To unions like IEEE and hispanic vote base. These ppl don't have any interest in America's competitiveness or interests of people at large rather work in the interests of their party and their re-election.

    But I am suprised at the attitudes of some forums members who want to screw the ppl behind us.
    Anyway I agree, we should be worried about delays to i-485 processing if 11 million ppl are added to USCIS queue.


    Hope you got me right when I asked these rhetorical questions. I dont want to screw any one behind me ... I am all for expanding american dream for as many people as possible ..





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  • shsk
    07-13 01:42 AM
    I am in for it, a very great initiative.
    But would request to check with IV first on this



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  • alterego
    07-13 06:13 PM
    Needless to say that the distincation between EB2 and EB3 has become so meaniningless now. How many positions really satisfy the EB2 requirements? From what I heard that most people just try to get around the system to get an EB2. One of the persons who filed EB2 told me that a high school graduate would probably be able to work in that position too.

    Just my observation.[/QUOTE]

    If you believe this to be the case. ie that a high school graduate should be able to do that job. Then that person should not get a green card for that job.

    People, please think before you post and write letters. It is important to be rational and not put your foot in your mouth.

    This is EB immigration and it is hierarchial. That is quite simply a fact not an opinion. The sooner people understand that, the better, and then everyone can channel their frustrations into broader fixes. Unless that can be done we will see these less than well planned, less than well coordinated, fitful efforts, and an internecine warfare that will make us a laughing stock and undermine the heroic efforts of IV core.





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  • sabudanawada
    04-15 02:49 PM
    Some common thinking patterns that immerge out of these conversations. Please understands that these are all "amoral" paradigms, nothing else, you can pick and choose any of these set of values and lead your life on it, the choice is upto you. Nobody is right and nobody is wrong, except in their own imagination.

    1. Money cant buy happiness
    2. Bigger home doesnt mean better life for kids.
    3. Life in US is better than life in India
    4. Life in India is better than life in US.
    5. Our parents had more time for us than we do for our children
    6. It is better to be content and happy than to be materialistic and unhappy.
    7. Stability is more important than commiting a big chunk of your money.
    8. Good neighborhoods is whats more important.
    9. Renting is good for immigrants till they get their green cards.
    10.Buying house in this market is stupid.
    11. Buying house in this market is smart.
    12. I already bought the house and loving it
    13. Wait till they kick you out of the country, then tell me that you love your house. you know they sometimes make some stupid mistakes with your application and there is no telling whether you could be their victim even if you have cleanest case for GC.


    i can go on, but come on guys, dont you get it? Who wins with these arguments. NOBODY. Do what you think is right for you and your family. as simple as that...

    Cheers! :cool:



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  • tdasara
    01-28 12:21 AM
    There has never been a mention of the H1b visas approved and those that do not fall under the quota....

    This guy is just after his ratings nothing else...his book explicitly quotes that H1b and L1 visa holders do not pay any taxes and transfer all the money home. (CNN has a few hundreds of them on H1b)

    When there was a huge debate on illegal immigration he quoted he was all for legal immigration. The only way one can legally immigrate with skills is via H1b visa and he is against it.





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  • gcbikari
    08-06 01:36 PM
    Bihar Driving License...

    DRIVING LICENSE APPLIKASON PHOROM
    ------------------------------------------ -----------------------


    NOTE: Please do not soot the person at the applikason kounter.
    He will give you the licen.
    For phurthar instructions, see bottom applikason.


    1. Last name:

    (_) Yadav (_) Sinha (_) Pandey (_) Misra (_) Dot no

    (Check karet box)

    2. First name:

    (_) Ramprasad (_) Lakhan (_) Sivprasad (_) Jamnaprasad (_) Dot no

    (Check karet box)

    3. Age:

    (_) Less than phipty (_) Greater than phipty (_) Dot no

    (Check karet box)

    4. Sex: ____ M _____ P(F) _____ not sure _____not applicable

    5. Chappal Size: ____ Lepht ____ Right

    6.Occupason:

    (_) Politison (_) Doodhwala (_) Pehelwaan (_) House wife (_) Un-employed

    (Check karet box)

    7. Number of children libing in the household: ___

    8. Number that are yours: ___
    9. Mather name: _______________________

    10. Phather Name: ____________________ (If not no,leave blank)

    11. Ejjucason: 1 2 3 4 (Circle highest grade completed)

    12. Dental rekard:

    (_) Ellow (_) Berownish-ellow (_) Berown (_) Belack (_) Other -__________
    Give egjhakt color

    (Check karet box)

    13.Your thumb imparesson :
    ____________________________

    (If you are copying from another applikason pharom, please do not copy
    thumb impression also. Please
    provide your own thumb impression.)

    PELEASE DO NOT USE PHINGERS OF YOUR LEGS

    Use thumb on y our lepht hand only. If you dont have le pht hand, use your
    thumb on right hand. If you do not have right hand, use thumb on lepht
    hand.

    NOTE: IF YOU DONT HAVE BOTH HANDS, YOU CANNOT DRIVE.

    WE ARE VARY ISTRICT ABOUT THIS .



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  • thakurrajiv
    03-26 03:35 PM
    So my view is that inflation is a bigger problem that Ben B does not want to tackle in the near future(3-4 months). Well in times of inflation your savings/investment is better in real-estate than anything else. But definitely NOT cash.

    So although we might be near the bottom of real estate market, we can never guesstimate the bottom until it has passed. My advice is, negotiate hard(buyers market) and get into a deal now. As a safety net, you can ask for a long escrow(around 180 days). That way you can backout of the deal if things head south. You've only lost the deposit(subject to arbitration at least in California).

    Someone pointed out that Visa Status is a smaller issue, the big issue is if you can hold onto your investment for atleast 5 years, you are golden.
    -----------
    5 years is too less (you have to hold it for around 10 yrs minimum). 2 years the prices may/will fall. 2 years it would be steady and maybe start increasing slowly after that. so if you buy a house (depends on area ....but broadly) ..a 100K investment in RE (And if we take the best case scenario) after 5 years would be worth 80, 000. if you take inflation in to account.
    in the end it is supply and demand -- supply is huge. where is the demand going to come from ?? immigration is tight and in the fast moving life -- people have fewer and fewer kids. if u want to be safe - cash is good (atleast principal is safe if you get around 4 percent return) ..it is best to have diversified portfolio. many of my friends have put everything in RE and are worried now

    Good points. If I recall correctly baby boomers started retiring 2-3 years ago. With economy going south, I wonder how many of them are in financial trouble. Also, they are growing older and some of them dying. You have to believe this will add to the supply.





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  • alisa
    12-28 12:40 AM
    I think much of India understands this perspective.

    I hope so.

    I agree with most of what you said. I just think that the expectation to shed the inertia built over two to three decades is a bit too much. It is going to take time, regardless of what anyone wants. Ironically, hostile relationships between India and Pakistan are only going to prolong the process.



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  • Macaca
    05-09 05:48 PM
    Utah's Immigration Model (http://online.wsj.com/article/SB10001424052748703859304576304942483922996.html) Wall Street Journal Editorial

    If the states are meant to be laboratories of democracy, they have to get a chance to actually run their experiments. That's the story in Utah, where a new state immigration law is catching flak even before it goes into effect.

    In a Senate Judiciary hearing on Wednesday, Attorney General Eric Holder said the law, which combines enforcement measures with a guest worker program, needs to be adjusted or face federal lawsuits. Pressed on whether the Administration planned to sue Utah, Mr. Holder said the Department of Justice "will look at the law, and if it is not changed to our satisfaction by 2013, we will take the necessary steps."

    That's a tad awkward for the Attorney General, since the Utah plan probably looks a lot like what the federal government will end up considering if immigration reform has any hope of passing. Last summer, the Administration pounced like election-year politicians on an Arizona law that enlisted local police to enforce federal immigration statutes. So what's a state to do?

    Passed by the state's GOP legislature and signed by Republican Governor Gary Herbert in March, Utah's plan is notable because it's the first in the country that would allow undocumented immigrants to get a permit and work legally, after paying a fine of up to $2500 and meeting other conditions. The program is part of a larger package that includes increased scrutiny of immigrants who break the law. The compromise allows the state to address the economy's demand for workers�thus reducing the incentive for illegal immigration�while satisfying voters who don't want to reward those who arrived illegally.

    Like Arizona, Utah is already fending off lawsuits from the left. On Tuesday, the American Civil Liberties Union and the National Immigration Law Center sued to stop the portion of the law similar to the one in Arizona that enlists state and local police in the effort to identify illegal immigrants. In Utah's version, anyone who is arrested for a felony or serious misdemeanor has to show proof of citizenship.

    Unlike measures that unite talk radio hosts and labor unions against "amnesty," the Utah law doesn't create a path to citizenship or have any effect on an immigrant's legal status. That model could work for other states looking for a bipartisan compromise. Republican legislators in Texas have introduced similar legislation for guest worker programs, and Nebraska lawmakers plan to travel to Utah to learn more about the new law.

    Critics of state immigration laws often maintain that those decisions are the province of the federal government. Article 1, Section 8 of the Constitution grants Congress the power "To establish an uniform Rule of Naturalization," and it's possible Utah might lose in court. But what are states to do when the federal government is unable to act on immigration? Utah's laws don't grant legal status to undocumented workers; they grant a work permit. Does the federal government have the power over such employment decisions?

    States are passing these laws because Congress has abdicated. Instead of ordering Utah to step back in line, or else, the Administration might consider what it can learn from Utah legislators who made a good faith effort to balance competing interests and solve a problem.




    Immigration: A better farm worker fix (http://www.latimes.com/news/opinion/opinionla/la-ed-visa-20110509,0,7562015.story) Los Angeles Times Editorial
    U.S. Warns Schools Against Checking Immigration Status (http://www.nytimes.com/2011/05/07/education/07immig.html) By KIRK SEMPLE | New York Times
    Is the Asian Century upon us? It depends (http://www.theglobeandmail.com/news/opinions/opinion/is-the-asian-century-upon-us-it-depends/article2011668/) By HARUHIKO KURODA | Globe and Mail Update
    Immigration North of the Border (http://www.huffingtonpost.com/hazeen-ashby/immigration-north-of-the-_b_857441.html) By Hazeen Ashby | The Huffington Post
    Another project in trouble
    First the euro, now Schengen. Europe�s grandest integration projects seem to be suffering (http://www.economist.com/node/18618525)
    The Economist
    Smugglers Guide Illegal Immigrants With Cues via Cellphone (http://www.nytimes.com/2011/05/09/us/09coyotes.html) By MARC LACEY | New York Times
    As Barriers to Lawyers Persist, Immigrant Advocates Ponder Solutions (http://www.nytimes.com/2011/05/04/nyregion/barriers-to-lawyers-persist-for-immigrants.html) By SAM DOLNICK | New York Times
    Lawyers for Immigrants (http://www.nytimes.com/2011/05/09/opinion/l09immig.html) Letters | New York Times





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  • validIV
    06-25 02:26 PM
    Your second point of buying 3-4 homes with 20% down each and building equity on rent is the classic strategy to head into multiple foreclosures at once. This was the exact thinking that got so many real estate speculators in deep whole. Show me a single major city that has good amount of jobs (Bay area/Boston/Seattle) and where the monthly rent covers the monthly mortgage payment+property tax+home insurance. If that were the case all these homeowners would not be underwater, they would just give their houses on rent!

    I am not foreclosed and neither is anyone I know. Who do you know is foreclosed? Were they smart or stupid in their investment? How much did they put down? Did they crunch the numbers and do the math?

    You do not invest without a plan to cover all scenarios and you definitely do not invest beyond your means. The people that caused the meltdown and caused foreclosures couldnt afford the property to begin with. Is that you? Do you fit into that category? If so, do not buy.





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  • pthoko
    07-11 07:25 AM
    bump





    gc28262
    12-24 03:45 PM
    What a tiresome thread!!!

    Several years ago, people actually made an effort to make IV an organization representing all skilled workers, from all parts of the world. Now, immigration matters are totally irrelevant on the forums. Heck, forget about being an exclusively India focused forum, as this thread demonstrates, it is a venue to vent on matters even more narrowly focused - My religion, my sect, my opinion, my petty prejudices. If this is not irrelevant enough, we have enough threads on red dot-green dots to justify a whole separate category of forums :rolleyes:
    Anyway, it does a pretty good job of turning off people. I guarantee you this thread alone has contributed significantly in influencing many planning on attending the March rally to change their mind. It sure did mine.

    Can't agree more. I wonder when IV core will wake up and start moderating these threads.

    IV has become a platform to turn away people than uniting.
    Maybe we can start the count-down for the death of IV as an Immigration site.



    .





    alterego
    09-27 10:39 AM
    I wish Obama wins. His team has more clarity on many issues and he has the zeal like JFK for making things happen. But, a big but - I am very concerned about our Employment Based immigration. If he gets to win (I wish he does..as someone who want to see America regain it's global position not just with might but also being morally right), I am worried if it would be Sen. Durbin who will dictate the immigration policy.

    I wish we get some clarity in this aspect. In the economic downturn, I wish to work more than I ever did and see that US comes out of recession fast. But for that I have to be inside the country first. I have to be given a fair chance to contribute to this economy first and I need to be treated with respect and honor.


    Sen. Durbin's position on this issue and his closeness to Sen. Obama is certainly a cause for concern, however, one thing I have noticed over and over with Sen. Obama is that he is a cerebral pragmatist with a fairly decent judgement. He is not a locked in ideologue, when a rational argument is put to him he tends not to be dogmatic like the current president and instead will try to cut a deal.
    To get the support of republican moderates in any CIR legislation pro business immigration policies will need to be included in an Obama administration. No doubt the legislation will include some H1b restrictions, but they may be more open to EB visa recapture etc. That will atleast get those in the 485 queue some relief. Noone can reason with the Sen. Sessions and Rep. Kings of the congress. The same group that is so ultra conservative that they basically openly revolted with their president on numerous issues including the current economic rescue package.
    My fear with a Sen. McCain administration is that on the immigration issue, whatever his personal views, we will see another 4 yrs similar to the last 4 on immigration! He will get nowhere moving his party either. Pres. Bush is about as pro CIR as they come, he tried and tried very hard, but to no avail with the Congress. Even before the election, you can see the disagreements between McCain and the extreme right wing conservatives. Atleast with Obama, the scene will be shaken up, noone knows where it ends up, but atleast there is a chance the gridlock will be broken.



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