Saturday, June 11, 2011

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  • snathan
    04-25 06:28 PM
    Once you have contributed, please post on the thread and we can know how much closer we are from our target. IV chapter leaders and Team IV members will run this thread and count the contributions

    -Which Thread or how to post ?

    I have singned up for $50 recurring contribution and willing to volunteer...

    Thanks




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  • storm
    07-03 07:06 PM
    here goes another one........




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  • qvadis
    03-20 08:33 PM
    The visa office's interpretation is correct and if you read 202 (a) (5) it clearly says that the country limits should be ignored for unused visa numbers.

    Well, which interpretation? The one from April '08 or from November '05? They substantially differ. That's part of the controversy. What motivated them to change it?

    I do think that the interpretation is, at least, debatable, and I can see both interpretations. In the end, the question comes down to: does the country limit have priority over the EB category, and I don't think you can have a conclusive answer.


    I have gone through the sections of 202 (a) (5) and 203 (b) and the text of the law does not say that prefer country limits over categories.


    But it also doesn't say the opposite.


    In 202 (a) (5) it actually says assign visa numbers wasted in any category can be assigned with out per country limits. If you look at how they overflow from one category to another, those visa numbers belong to that category before they do NOT belong to a oversubscribed state or belong to ROW.


    It also states: if Visas available. You can certainly construe the case that Visas can only be available if they cannot be assigned to a lower category. 202 (a) (5) (B) actually states that only in application of 202 (e), Visas should be deemed to be required. Does that mean they are not required otherwise? 203(b) actually uses the same terminology to allow non-required visas to fall through.

    Historically, before AC-21 was added, Visa numbers were wasted because they needed to be assigned in proportion. Irrespective of the interpretation of 202 (a) (5) this cannot happen with AC-21.




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  • nat23
    11-08 01:11 PM
    Yabadaba,

    "Moron" is an insult. I don't insult anyone. If you don't like my posts, just ignore them.

    Regards,

    The Ombudsman

    Ombudsman is right. This is a public forum and if you dont like something ignore it. I personally find, Ombudsman's posts quiet interesting and good food for thought. They are put forward in a very professional manner unlike some people who use insults and sarcasm.

    Cheers
    Nat



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  • traffic_engr
    10-03 06:55 PM
    Check this out. I've never heard of crew slugging it out at 30000 feet. Not sure if this incident is true

    Air India pilots, crew slug it out at 30,000 ft - India Business - Business - NEWS - The Times of India (http://timesofindia.indiatimes.com/news/business/india-business/Air-India-pilots-crew-slug-it-out-at-30000-ft/articleshow/5085243.cms)

    arunmurthy, nikpatel.c and psaxena - guy's get a room and continue the 3'some.

    And YES, i meant fighting :D

    this thread has gone way out of scope.




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  • paskal
    09-29 04:47 PM
    then why are visas about to be wasted yet again this year?
    after...they said all numbers were exhausted on July 2?

    i think it's not quite that simple.
    there is no doubt that lack of numbers is a key key issue. but letting uscis off the hook when they have failed to process 269,000 Green Card numbers since 1994 is not kosher. that is >20% of the backlog right there.

    my straightforward NIW application based on national interest service not exceptional ability (which may be more subjective) will take almost a year to process. wow....!

    uscis also takes the narrowest interpretations of any law- even when it clearly conflicts with the law's intent- then it takes a lawsuit to budge them- speaking from personal experience and the loss of 4 years in PD in an India line...believe me this is not an agency i feel like defending.

    just my 2c.



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  • skark
    04-23 08:36 AM
    Hi,

    Employee of company A accepts an offer from another company B which promptly applies for a H1B transfer premium processing and its approved. Now the employee cannot join company B due to some problem and wants to remain with company A. Does company A need to apply for H1 transfer?


    As I understand there will be no need to apply for the transfer again and the employee can continue working for company A. But the tricky part here is what if company B cancels the employees H1 visa seeing the employee did not join its workforce (considering that it just transferred it)?

    Can some knowledgeable people please comment on the above scenario please.




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  • skynet2500
    10-28 11:55 PM
    Experts,

    I have done e-filing for my AP renewal. I read the instructions to see what documentation I need to mail,but I did not find any documentation specifically for e-filing. Does this mean that there is no need to send any documents? I heard USCIS will take picture during biometrics which is all they need. Can you please share your experiences on this. thanks a lot.



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  • paskal
    11-17 01:40 PM
    I understand the need to gain grassroots strength, But at the same time I expect that IV core members to do better than arbitrary curt responses directing everyone to state chapter on this forum.

    I am sure IV core do better, like for example, well crafted sticky memo explaining the need for state chapters/grassroots strength and dangers of remaining only an internet based group of anonymous members and why agenda of the IV will not be discussed or revealed in this forum. There was one good post explaining this.

    Such a professional explanation is required to gain the respect of the newcomer on this forum and his views and at the same time promoting IV objectives.

    IV and rest of us need each other to get this huge problem fixed.



    actually the need for grassroots strength and chapters has been repeatedly explained. and i mean repeatedly. please see pappu's initial post which continues on previous efforts. as for nebraska, we have actually worked with some folks on staring a chapter. ultimately after providing info and direction we need members to so the work themselves, set up a chapter, collect members, use forum threads to motivate, schedule meetings etc etc
    all this sometimes takes time. that effort continues.

    i have personally done the explanations on numerous occasions and explained that we are not an internet forum AND used the very words you speak- iv is nothing but you and me. without each one of us there is no iv. you will be surprised at some of the responses this brings.

    please take a moment to understand that lots of members show up from time to time asking the same questions and raising the same old issues. that is why we encourage everyone to be involved. being involved with chapters and/or engaging with other iv actions etc does keep a sense of community and is a ready source of information and updates. not that many take the advice and so the message has to be repeated. most of the encouragement is done by active dedicated members not by the core team.

    please also take a moment to reflect on the fact that active members of this organization are less than 1% of it's strength on paper. many of the remaining 99% are not "newbies". motivating such reluctant "highly skilled" members and keeping an organization of 25,000 together- and being constantly questioned on "results" (people want to know they will get x by date y BEFORE the participate- and i am quoting this) is a yeoman's task at the best of times for the small group of dedicated volunteers that are working everyday at cost to their jobs and families. at least two iv leaders have separately travel led to DC this week for key meetings. several others have spent the last couple of weeks and weekends in iv meetings, running booths at local events and attending lawmaker meetings locally.

    please be constructive in your role, we can use your energy and enthusiasm, but an attitude of engagement is critical rather than asking why iv core is not doing this or that.....




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  • lskreddy
    06-26 12:08 PM
    Lets do the best we can. If it does not work, we are no worse than where we already are.

    A group of us just went to Lamar Smith's Austin District Office and detailed his liason about the bills, benefits and information about IV. She said she will have them Fedex'd today to their Washington office and keep us informed about congressman's stand.



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  • golgappa
    08-20 09:04 PM
    Listen my friend I had a similar experience...

    The phone receptionist in DC very rude, she behaves like indian babu's, she is very arrogant..

    Long story short....


    Embassy of India - Washington DC (http://www.indianembassy.org/newsite/RTI.asp)


    go to the above link, send them the letter with 10 Rs (20 cents) money order, explain your issue, explain the behavior of receptionist, and ask them why it happened like that..they will have to call you..that is the law..

    I did the same thing...

    UNLESS WE REPORT THEY WILL NOT CHANGE




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  • TheOmbudsman
    11-07 11:22 PM
    Hi Dixie,

    I think that listing an absolute value does not provide an accurate picture. If you measure in terms of relative values, then you will see that immigration is important; it is a top 3 issue. However, let's not forget that there is a nasty war going on and sons and daughters of people are dying for - in my view - a war that makes no sense at all. That is serious and it has undeniably galvanized the attention of the public at this time.

    That said, from what I have been reading on talk radio shows, people are disappointed in general with the GOP - even with the pro amnesty position adopted by Pres. Bush, McCain, Specter, etc - and therefore want to give them a bad time. I don't think that was an endorsement for amnesty at all.

    Celebrate now. Amnesty for 20 million+ is coming and hopefully we can take a ride :-)

    Cheers,

    The Ombudsman





    Only 10% of the general public said immigration is the most important issue for them - and mind you, ILLEGAL immigration and amnesty to illegal aliens is what comes to mind of most average americans. The perceived opposition to CIR was blown out of proportion by the conservatives and their media cronies like Lou Dobbs. That it did not work clearly shows that the american public too mature and sensible to be carried away by such rhetoric.



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  • dummgelauft
    08-09 03:27 PM
    GO_GUY,

    How much finance is required to do MBA in canada say in top 50 universities. Can we get financial aid for international students?

    Canada does not have 50 universities, in TOTAL. So your choice is limited to
    (1) Queens University in Kingston, Ont.
    (2) University of Toronto
    (3) UBC




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  • GCwaitforever
    06-14 10:18 AM
    Congratulations to all. This looks like a miracle.

    All
    Charge-ability
    Areas
    Except
    Those
    Listed
    CHINA-
    mainland born INDIA MEXICO PHILIP-PINES
    Employ-ment
    -Based

    1st C C C C C
    2nd C C C C C
    3rd C C C C C

    http://travel.state.gov/visa/frvi/bulletin/bulletin_3258.html



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  • bigboy007
    06-09 08:18 PM
    I dont know why people are thinking CIR will be advantageous :

    WHat does CIR do :

    Lets divide in to Four categories :

    1. PPL who has to still enter US
    2. PPL who have not started GC
    3. PPL whose Labor pending in BEC
    4. PPL whose 140 pending or approved.

    In each i have not seen advantages but these are disadvantages , please enlighten me about advantages over current system in each cases.

    Case -1: THere are enough provisions like Increase in H1B fees, Eliminating contracting etc that would effect and truely we may not be worrying about this in this context.

    Case -2: For people who have not stated GC yet , its utter chaos, as per the dates in CIR. Now point system is not tested, there are severe imbalancements , No up system yet in INS , no yet personnel allocation . I dont see any reason INS will be on to this even if passed for atleast 2 years.
    Based on this even if people say 5 years or so , no one exactly knows it might even take more than 7 years becoz of initial filing delays , accessing points , etc . What about extensions in H1B , anyways H1B system is so scrwed up consultants will be reduced by atleast 50% , and only survive who can find an work around. after all this High filing will force many out. I dont see anything good with new system. No big diff in Visa allocations to say that it will be faster for ppl. H1B Cant be renewed 3 years. Now is there any advantage over old sytem ? I dont think so .


    Case -3: People who were stuck in BEC. Its bigger problem for many people who are renewing H1 based on this. Now that cant do it . SO its again their issue.

    Case -4: People who got I140 approved or pending , They wont be effected anyways.


    Also there will be labor somewhere as becoz there will be some clause that aims at not displacing any american worker for sure.
    ===========

    With all these there is only one drawback of current system , i.e. backlog. that is not addressed anyways in new system so whats the point?

    Only if cantwell amendment finds its place in current form then is a hope in a hurricane else its utter waste.




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  • deepakjain
    10-19 04:26 PM
    I have been to the indian consulate couple of times and what I have seen so far is that people staying in the US take the consulate officers for granted.

    People take the token and start filling up the form in the consulate itself, they will be at the window and will be pasting photograph or filling up the form itself on the counter.

    I think the consulate officer should ask people that will you behave the same way at an US consulate??

    People become impatient just waiting for 10 minutes as if they entire indian consulate has been waiting for them to show up at the office.

    The way we Indians behave boarding a flight in US, the same does not happen in India. The way we behave with the consulate officers at Indian consulate does not happen at the US consulate. Why do not the same people trying filling up the form at the US consulate or try pasting photograph and even run to grab the original when they are at an US consulate.

    We want the same level of professional at the Indian consulate then we need to show the same level of professional at Indian consulate that we show at US consulates.

    Regards,
    Deepak



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  • BharatPremi
    09-20 03:37 PM
    What's the incentive in becoming a State chapter member?

    What's the incentive for IV having you as a member?




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  • GreenCord
    07-21 02:16 AM
    Thanks for your feedback. But processing a '05 labor cert before a '03 labor cert is injustice at the most ugliest form. No where, I mean no where in the world are people going to accept someone who came later in the queue to be allowed to have service before people who have been waiting for years together in the queue. Why would anyone do that and how is that justified? It is a mental worry and stress for the affected folks right now because we are still waiting with uncertainty. Why should we? Why????

    So whatever happens in the future isn't the concern. There are no guarantees offered as you know with these processes. If it happens it happens and we will take it at that time.

    The point is to bring to the attention of the proper authorities this injustice in the system and to make sure that we are guaranteed some form of relief/concessions. As you know the filing fees are going to increase and again there are no other guarantees.




    Hello risker,

    As I said your claim is a valid one. Having said that filing a lawsuit against the agency and getting a suitable verdict is very difficult.

    Its seems you are new to this area (lawsuits) and I would recommend you to do some research on how many immigration complaints that were filed during the past 10yrs ended with the plaintiff winning.

    Lawsuits in the US is all about money. Its not like getting an attorney and filing a complaint and then hope to win. This is why people always like to go for settlements since lawsuits can be thrown away even before a trial during summary judgement. Do you know what is the average fees for an attorney ?
    And do you know how many attorneys you might need to make a strong case ? Do you have any idea of what kind of Judge might preside over your complaint ? Do you know what is discovery ? Do you know the onus is on you to show that USCIS has broken the law ? Its not enough to tell the court the USCIS has made a serious mistake. The court will not listen to that argument. You will have to proove to the court what is the law that the USCIS broke.

    I am only telling this from experience as I know this game inside out.

    Anyways I wish you all the best, who knows you might just win.




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  • vdlrao
    07-15 04:36 PM
    Here are all the LC approvals for India in the last seven years.

    Year, Total LC Approved, Total India
    2007 85112 24573
    2006 79782 22298
    2005 6133 1350
    2004 43582 No Info
    2003 62912 No Info
    2002 79784 No Info
    2001 77921 No Info
    2000 70204 No Info




    Based on the labor approvals, I am expecting EB2 will touch 2007 in the next 3 to 5 visa bulletins.




    vdlrao
    07-15 04:28 PM
    Here are all the LC approvals for India in the last seven years.

    Year, Total LC Approved, Total India
    2007 85112 24573
    2006 79782 22298
    2005 6133 1350
    2004 43582 No Info
    2003 62912 No Info
    2002 79784 No Info
    2001 77921 No Info
    2000 70204 No Info

    Lets assume about 25% of pre-PERM LCs are India based on post-PERM data. Thus for fiscal 2004 (Oct 2003 thru Sep 2004) the total LC number is 43,852. Assume 25% of that to be India based on PERM data. That gives about 11,000 India LCs in 2004 alone (All EB categories combined). If you assume an average of 2.5 dependents then the number of visas required for all India EB categories for 2004 is 27,500 (11,000*2.5). The regular quota for EB2 and EB3 is only about 3000 each. That means 21,500 visas have to come from somewhere. I dont think those many visas are remaining for this year. Be prepared to see FIFO thrown under the bus and approvals with PDs that are all over the place. Please critique this analysis without piling on. Thoughts?


    good post but The regular quota for EB2 and EB3 is only about 9,800(7% of 140k visas) each




    browncow
    05-30 12:29 AM
    This is exactly what I do after a similar experience in 2003. I always discourage my friends and family from flying with Air France though I disagree with the statement about 'European carriers'. I have flow KLM & Swiss and they are very good airlines.

    I think the best airlines are US airlines unless you are flying Delta.

    I agree Swiss is good, and so is KLM. The issue is with the indian staff that they have in india. But I have no issues with them or Air India, cos atleast they are indian.
    but I would never let a european/us carrier treat me like dirt.
    And likewise, I dont have Air France even as an option. regardless of whether they are cheap or not.
    I know I can live without them, and would only fly with them if they were the last airline which can fly airplanes.



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