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  • texanguy
    08-21 05:50 PM
    thank you!

    If you still think I am lying? All I can say is, all the best!





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  • Junky
    11-12 08:26 AM
    Well said "ItIsNotFunny",
    I have seen lot of ppl wine about the Dec bulletin, inefficiency of USCIS, cursing IV, EB2 Vs EB3, exploitation by Desi Employers, leaving negative comments ETC. ETC.... but when it comes to just sending letters, they won't do it but some how they will manage to find the time to reply non-immigration related issues in very detail.
    Therefore I request all the members to please send the letter (regarding AC21 Denial issue) ASAP.
    BTW: As a father, I fully sympathize with this guy & understand his situation. Whatever happened to his kid is tragic but again as mentioned by few other members, he should have posted this issue on sulekha or some other websites.

    Guys,

    I saw there are 50 replied to this post. Looks like people are more interested in others problems than their own.

    Its pity that MOST CRITICAL issue we are facing at present - AC21 Denial issue, is having only 77 mails but everyone is jumping gossipping. Come out of this and show a unity to real problems.

    Grow up and don't escape from real problems. Its our problem and we need to fight to resolve it.





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  • kph
    07-17 08:05 PM
    abolish per country limits on EB visas will back fire us because of diversity issue. We should propose some thing where there is no controversy to reject and that's is recapture 200K visas and EAD/APO for 3 years

    Why not filing 485 without PD being current?





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  • Refugee_New
    11-12 02:09 PM
    Hello guys,
    Sorry for this non-immigration related post. We have this sudden, tragic situation that I wanted all of your advice on. Thank you for your time in reading this long post.

    We had hired an Indian nanny in NJ who, we learnt after hiring her, is here on a tourist visa. We were paying her $350 per week cash, which is the standard rate around here for nannies (incl. citizens and people on GC). We had liked her when we met her in response to an ad on Sulekha, and we thought an Indian nanny would be good for our first child. She has been with us for about 3 months, and we were intermittently not getting a good feeling with her for some reason. We finally bought a small security camera and installed it yesterday. On the very first day with the camera, we came home and saw the recorded video to find that she is violently hitting the baby on two separate occasions. Needless to say, it has shocked, angered and extremely saddened us. I showed the video to a couple of friends and even they say it is unbearable to watch. This was just the first day of recording and it pains us tremendously to think what all may have happened previously.
    She is of course not going to stay with the baby alone anymore, but I want to know what legal options I have to penalize her to the fullest extent, so that she does not do this to anybody else’s small babies. She it seems had come here last year and taken care of someone else’s baby in Hoboken, and I can imagine that their baby also went through this. (This woman and her husband are a ~ 35 year old couple, who have a multiple entry ten year tourist visa; both come here for 6 months every year and work odd jobs like this. They apparently got a (unsponsored) tourist visa after showing a lot of landed property in India).
    I specifically want to know if I will have potential problems if I go to law enforcement about this- regarding have employed her (both of us are on H1B visas). I know we have made mistakes and should have done better due diligence in this, and there cannot be any more punishment for us than seeing our 8 month old – who cannot tell us about it when we come home- being beaten on the tapes. We saw this yesterday and have not told her yet. We want to weigh all options before we proceed, but from today onwards one of us is home all the time till Friday. Any advice or opinion is sincerely appreciated. Thanks for reading this long post. And, to all who are thinking of nannies or have one, please learn from our mistakes and closely monitor your child’s safety every day.

    Thunderbold, Sorry for your situation. Here is my observation/suggestion.

    Being an immigrant you have broken the law by hiring someone to work illegally. Didn't you and your wife break the law?

    You have already witnessed a child abuse and now pondering whether to report this to a law enforcement or not. Again you are breaking the law by not reporting a child abuse. Remember, abetting a crime is also a crime.

    This country has given us so much including good wealth and health(except GC) and we enjoy every thing, but in return what we do is to do these kind of illegal activities.

    This country let us and our spouse to work, make hell lot of money. I am not saying we are making easy money, but after having two incomes, we run around with coupons and look for cheap things or do things that are cheap. WHY?

    What are we going to do with that money man? This is nothing but a greediness.

    Anyway, your child has gone thru a nightmare and as a parent/father you MUST report this to a law enforcement office. You can not let this child abuser go scot-free.

    Note: When you can hire a nanny that is legal/citizen for $350/week, then why did you hire someone illegal?



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  • anurakt
    12-19 12:25 PM
    Guys,
    The collection so far shows 33.33% of the $60K target as of December 11th.
    Friends I pledge a $500 donation as soon as the figures reaches 500 less than halfway ... i.e $29,500 and another again once the figure reaches 500 less of $60,000 i.e $59,500. Pappu or any of the core member please let me know once we touch this figures BY 31ST DECEMBER. Till then keep the marathon going.

    LET'S SEE IF YOU GUYS CAN MAKE ME SHELL $1000 IN TOTAL.... :-))

    Core members if need be , put my pledge on the main page... would like see if this forum has ba**s to make me shell out the $1000 bucks.....

    MEMBERS ..YOU GOT TWO WEEKS TO SHOW SOME SPIRITS...CALL YOUR FRIENDS AND FAMILIES...LET'S SEE WHAT YOU CAN ACHEIVE .... I PERSONALLY BELEIVE THAT THIS WOULD BE A TESTIMONY OF OUR SPIRIT TO RESOLVE OUR ISSUE NEXT YEAR... IF YOU CAN MAKE THIS HAPPEN I AM 110% CERTAIN THAT WE WILL RESOLVE EVERYTHING NEXT YEAR....ELSE FORGET GREEN CARD .... PLEASE SIT AT HOME TILL YOUR HAIRS TURNED WHITE AND YOU NEED THOSE EXTRA SET OF TEETHS..... NO ONE CAN SAVE YOU....
    CAN U TAKE THE CHALLENGE ?????


    Only 9% away from my first $500 contribution as part of the pledge..... this forum is so slow.... I thought that by today noon I have to shell out $500...but doesn't looks the case...
    Oh I forgot ! This forum is used to slow processing ...let it be GC or Contribution..... doesn't surprises me..... Our fraternity is used to slow things just like GC .... come guys /gals ..... show some speed....





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  • shana04
    12-07 07:16 PM
    She had her delivery in a hospital which automatically assures adequate care for the child (paid for by the good citizens of Maricopa county, i should add).
    As long as the pregnancy is uncomplicated, a woman is perfectly capable of delivering with a leg shackled. In no way does that put her at risk of complications.
    Yes it would have been humiliating, but whose fault is that?
    .

    As long as the pregnancy is uncomplicated, a woman is perfectly capable of delivering with a leg shackled. In no way does that put her at risk of complications.

    Question: Have you ever seen a delivery or been through it, then you would know how a shackle is, and question your self?

    Dear friend leave about all that she has done, think about you new born kid who going to be delivered. (do you think it would be ok for the kid to be delivered in harsh weather or the road or the conditions around)

    Please be humane to others!

    Good luck on your journey to GC and please stop this kind of non-sense from hear forth.



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  • amitjoey
    12-19 03:38 PM
    We have reached 40%. To reach 50% we need $6000 more. If more people can contribute, we can reach this in no time.

    The core and a lot of serious members have already contributed.

    There are 2 mind sets of people on this forum:
    1) I have contributed $500+ , I do not need to contribute $20 more, In anycase what is my
    $20 going to do?.
    2) I have never contributed, but I am ashamed of making my first contribution of only $20.
    (Although that is what I am comfortable doing at this time.)

    Both the above mindsets are wrong because If we have 7000+ members, out of which say 1000 have already contributed, that leaves us with 6000 members. If 6000 members contribute $1 each, we are at $ 6000 - 50% met.
    Now all are not going to do it.
    So you see $20 is still a good amount to start.





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  • franklin
    07-05 11:42 PM
    Well said. Just think of this flower drive as a way to display our collective might to the media. What really shocks me is that most of us are tech savvy and yet we don't even see too many blog posts on this issue by the community of skilled, legal non-immigrants.

    We need to be more vocal, and sending flowers is just another way of expressing our thoughts.

    This is true, I assume that everyone here has also participated in the media, funding and lawmaker meeting drives?



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  • FraudGultee
    04-17 09:07 AM
    not a bad idea... but mind you they will be more for undocumented workers





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  • rockstart
    08-12 08:36 AM
    I agree its tactic to scare people and attract attention. I think USCIS is far better placed today in 2009 compared to what it was in 2007. If that was not the case they would have just moved the Priority dates to Mid 2006 like they did last year. But this year they are much better prepared in their estimates. In Oct the dates might go back but it will definately not go back to Jan 2000 or U. They might take them back to mid 2004 and start slow advance from there. Next year Sep 10 bulletion hopefully they can take them to early. I am sure in Oct EB3 I will also come out of U and will be some where in early 2002 status at begining and will advance from there on.



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  • abq_gc
    08-28 05:42 PM
    I just received a letter from the person who took my AOS interview

    The letter reads like this,

    The Priority date for your classification is not current at this time. Your case meets the requirements for abeyance until a visa number is available for your priority date. Please refrain from making status inquiries until 90 days after your priority date is available. To view priority dates go to: http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html

    wow...she screwed us royally..on face she said she is going to approve our petition as it every thing and also PD is CURRENT..Now she sent a letter saying my PD is not current and adding insult to an injury she sent a link to the DOS bulletin which says I am current.

    Only you can Do USCIS..Long live.

    :mad::mad:



    you are current and did not get approved... elsewhere people with PD in 2007 EB2-I are getting approved.. Classis USCIS !!





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  • little_willy
    09-07 11:19 PM
    Friend - Why don't you wait till 9/18 and have this discussion. Oh, hold on, by that time, the rally will be a huge success and you won't be around here to show your face. Strength is in numbers and you will see the power of immigrants on 9/18. If we could reverse a visa bulletin with a rally of 350+ members and couple of hundred flowers, we will be headlines with 10000+ rally. This is going to be a historic event and why don't you take our side and be part of history instead of being an anti-immigrant cry baby.



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  • unitednations
    02-04 11:01 PM
    No one here takes advantage of any group. We are talking here is what law says and how it is implemented by various agencies. The problem is there is doubt that DOS has not understood the law. No one is against ROW and loves India and China. US immigration simply based on preference catagories. For example, wife of U.S citzen will be given first preference in immigration (FB1) compare to brothers and sisters of US permanent residents (FB4or5). This is the law.

    Similar thing in employment catagories too. Before 2000, there is a verical spill over of EB visas. Becase of this, a high skilled workers from India/China has to wait more compare to low skilled workers from ROW. This practice will not put US in technological edge. Thats why AC21 law implemented.

    After 2000, congress removed country quota in all EB catagoires. The simple reason is to make US competiveness in 21st century. The intend is simple.

    The simple meaning of AC21 law is, for example, let us assume following hypothitical situation. There are 40,000 noble prize winners from Mexico. All of them applying EB1 visas in a FY. In same FY, no one from other countries applied EB1 visa. As per AC21 rule, entire 40,000 visas (100%) goes to Mexico in EB1 irrsepective of how EB2 or EB3 or FE catagories are retrogressed or howmany mexians in EB/FB are waiting. This is what congress intend to promote high skilled immigrants to USA. This is what american competivness in 21 century. The intent here is noble prize winners should not wait even if they are from oversubscribed countries like mexico.

    If you read word by word of AC21 rule ..you will understand what I am saying.

    INA 202 (a) (5) (A)
    EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter

    My intension is simple.

    Even if SKIL/CIR bill passed in near future, if DOS or USCIS does not implement the law accordingly, it will be disaster for oversubscribed countries like India and China.



    How do you come to these conclusions what congress intended. AC21's main provisions were to recapture unused visas for certain years; extend h-1b beyond six years; allow someone to change a job after 485 pending for more then six months; allow unused visas to be allocated to oversubscribed countries on a quarterly basis rather then in the fourth quarter.

    Above is what was changed. There was no lifting of country cap. If you go to the earlies visa bulletins listed; you will see that Dominican Republic at one time was retrogressed. I haven't looked at it in a long time but if someone goes to the historical visa bulletins pre ac21 then you may see significant movement in retrogressed countries in the fourth quarter of uscis fiscal year (july to september). This is what changed.

    However, the ac21 part about unused visas only stipulated if in any quarter there were less applicants then visas available then spillover can happen in that quarter. However, as can be seen in 2005 that weasn't the case and there shouldn't have been spillover.

    In another posting you mentioned that your employer doesn't care whether you are Indian or chines or pakistani or anything else. This is true they want you for your skill. However, how did you get into USA. Chinese generally go to school here and will work wherever they get a job. However, Indian nationals have designed a system to get their realitves here through h-1b. Selective recrutiing is performed to get fellow compatriates here that couldn't otherwise get here becuase they have no connections. I ask some of my clients how they get employees. They tell me they are sponsoring their classmates, their cousins, etc. for h-1b.

    Therefore, you may think it is not fair; and perhaps it is not fair but perhaps government knows that certain systems have been designed and they value diversity.

    In business definition a skilled worker is not someone with two years of experience, a bachelors or even a masters. A skilled worker is someone with substantial experience. That is 15 years and makes $200K to $300K. Employment base immigration is just an accomodation to allow a certain number of people into USA. In my mind it is just an accomodation or goodwill.

    If the EB system was designd to attract the best and brightest minds; skilled worker definition or eb2 or eb3 definition would have a much different meaning and would follow business rather then USCIS definition. It would be much different. There would be no quota. It would follow normal business practicses. That is we, can't find a us citizen or greencard holder and we need you. In real business sens it would be an offer, acceptance and you would start in a couple of months. However, it doesn't follow normal business rules/practices because maybe the powers that be look at it as just an accomodation rather then a real necessity.





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  • mundada
    07-10 03:39 PM
    Hey...

    the law is not an end in itself... it's a means to achieving end.... and hence it can be challenged in the courts...

    final point... let us walk through the situation... per quota country limits is removed... now everyone applying for the employment based visa has to wait for 5 years.... so every country immigrant & the country politicians will pressure the US govt. to act... and only then politicians would act!

    case in hand: Labor Certifications... Before PERM it took upto 3 years for the labor to be certified and it affected everyone irrespective of the country... So the PERM was introduced.

    AC-21 ... before AC-21 everyone was getting affected and hence the AC-21 law..

    One may argue otherwise... but the reality is it matters especially if everyone is getting affected... However, we try... the family based visa won't go away... it affects everyone! No surprise that the latin american senators would NOT allow any legal immigration efforts to succeed without their cause being taken as well.

    The only way a thing will get done is if we have a mass problem... and if there isn't then as a tactic it is necessary to create one so that the whole problem could be solved. Otherwise everything will be lost in statistics like
    1> Only 2% of countries are getting affected.
    2> Only IT/electrical/software are getting affected.
    3> Out of the affected people only 5% are leaving, overall only 2% are leaving.
    4> etc. etc.

    Please note the above numbers are my guestimates.. but I hope you got the point. I am ready to bet the day per country cap is removed... within a year something would be done about the whole EB immigration.

    The human psychology is to be risk averse that is if something does not affect me then why should I bother myself with it? In other words, unless many people do not get affected, there won't be reform/change/resolution!


    FBI check delay is admin procedure so courts could take up the case. But per country quota is law.

    Many persons used to say skills need to be basis for selection. But that is not applicable for GC processing. Here there is no selection from multiple candidates. In Labor and I140 they are checking that particular candidate is suitable for that position or not and also no US citizen is available for the job. If not they will reject the candidate. So they are not selecting based on Merrit as no compettion is there for the particular position. So it is just all the eligible persons will get GC. It is similar to all the high school passed candidates will get admission to college if seats are available but not based on marks but based on FIFO basis.

    By FIFO based it is discriminatory but still unused other country quota is used in last quarter for India and China. So per country quota impact will be less if CIS uses all the 140K. Also they are not giving any one country preference or quota. So it is not outrageous compared to many other controversial laws. Law in any country is not perfect and even if perfect it will give more benefit to some group.

    It is very difficult to win by lawsuit against any law unless that law is outrageous and impacts many persons. So best way is to try for another law to change a law. But just removing per country quota will give very less benefit especially for Eb3. Waiting time will reduce from 7 to 6 years for all countries. If per country quota is removed with recapture bill then waiting time for EB3 may reduce to 1 to 3 years for EB3.



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  • santb1975
    11-17 03:06 PM
    Hope your India tip was fun Gopal. SanDiego event was a great success. We got over 150 new people sign up. We have to get the new members engaged in different IV activities now.





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  • Suva
    06-09 05:16 PM
    I was there for the three days (though I was very late on Sunday). This was an exciting experience for me. I was involved in 10 meetings with the lawmaker's offices on Monday & Tuesday.

    I would also like to thank DesiXP for arranging accommodation for me and my friend.



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  • amitjoey
    12-20 05:41 PM
    Where are we in terms of percentage met. Are we close to 45%?





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  • chanduv23
    04-12 11:40 PM
    Unfortunately the system does not work that way. Let me ask you this. If you believed in being result oriented and time bound and made an investment to file your green card, when do you think the investment will pay off? Some things money can't buy, it takes tonnes and tonnes of energy to make a change. Believe in this organization and invest your time in helping this organization.

    Actively participate in all action items, mobilize your community, your state chapters. Spread awareness and build a sense of cohesiveness. Consider everyone here part of a family and remember everyone who works tirelessly work for all of us, not just them. Find out if there is anyway you can help, there are so many opportunities where IV needs all of us. Stand up, get up and move..

    Yes, after all the hard work there are things that may not work, but if we don't try, the system will not fix itself.


    I tried saying the same thing in all my posts. But people are just not willing to organize themselves to help themselves. Everyone wants the issue to be fixxed, but no one wants to come forward.

    Everyone asks about IVs agenda. IVs agenda is clear - "IV has given you a platform, so help yourself". If people are willing to take up a cause - IV will support. But our people do not want it. People want to discuss, crib and cry and blame IV and fight.





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  • jamesbond007
    11-11 05:39 PM
    Go to the authorities and report her.
    H1 is a temporary situation. Your family is permanent. Protect your family.

    Do not let the fear of social services coming to check on you from stopping to do the right thing. They have a job to do; they will not take away a child unless they really believe that the child is not being cared for. They do not want to add to the strain of foster care system which is already under stress.

    Law enforcement agencies also monitor sites like IV, Rajiv Khanna etc. And they can get a subpoena against IV to get your information if they suspect that a crime has taken place.

    Everyone: please please ... You should not only check for the cleanliness and background of the staff (and facility) who take care of your kid. Also make sure that their way of taking care of your kid meets your expectation. Do not make any assumptions. Ask pointed questions and get certain answers.

    Also... I feel that there is more to the story than what the OP has said in his one and only posting.
    I think he/she already went past the point to think "what will happen to me" when they hired someone knowing that she was not legally eligible to work/provide that service.
    If not them reporting that nanny, her next victim will report her. I strongly believe that, if she is used to that way of raising a kid, she will hit other kids in the future. And they will be exposed at that point when the authorities grill her to spill the beans on her previous employers.

    I am also afraid that the OP might take matters into his/her own by making an emotional decision; and that would put him in hot water.

    chanduv: I read your post about how you hired a nanny based on your parent's monitoring her behaviour around your kid when they were visiting you. I hope that was not the only criteria for you to choose her. Keep in mind that a person's behaviour when they are alone speaks of their true nature. They can behave nice and good when they have company; but do they continue to be the same when there is no adult around them?
    Definitely install a nanny cam that you/yourwife can keep checking from work.

    Sorry if I sound like I am picking on you Chandu. But when I read your post, I felt that there might be other families who have done the same thing as you did.





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    newbie2020
    02-26 09:52 AM
    Since AILA has also taken interest into a proposal like this Don't you think we should engage them in planning the next strategy.

    http://www.ilw.com/articles/2009,0225-endelman.shtm