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  • venetian
    05-17 12:27 AM
    Your statement completely misleads and not true.

    SL Tamils are not immigrants but are the native sons of northern part of the present geographical area known as Sri Lanka. Before Europeans came more than 500 years ago to Sri Lanka, SL Tamils had their own kingdom but when finally British left, they left the Tamils land and fate with the hands of the narrow minded majority, who started to discriminate ingenious Tamils left and right.

    Of course as you said, there are Indian Tamils in Sri Lanka who were taken by British to work in the tea plantations. Besides, Muslims in Sri Lanka also speak Tamil but they don’t usually associate racially with Tamils and maintain separate identity

    Current issue in Sri Lanka is between native Tamils and Sinhalese. Indian Tamils factor very minimal in this conflict.

    Please do some research before putting things in historical puerspective.


    We all have heard about great war of Kalinga in Which Samart Ashoka's army killed almost 2 hundred thosand people in a very short span of time. At the time thosands of people fled from Patliputra to current Odissa and many from that lot kept on pushing them till they found their last destination which is Sri Lanka. Decendents of these people today call them Sinhaleese. In the last 2 centuray British colonized Sri Lanka like India and ruled it. British take tamils to sri lanka for labor. Thus the ancestors of present day Sri Lankan's tamils have fairly recently migrated to Sri Lanka.





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  • dhirajs98
    07-21 10:03 AM
    I have my EB3-RIR pending at NSC with PD JAN 2004. I-140 concurrently filed on July 23rd 2007 at NSC is still pending. I do have the EAD and AP approved.

    I have another EB2 labor (PERM) certified but its I-140 was denied on the basis of qualification. I have 3 yr B.Sc + 2 Yr. Post Graduate Diploma from India. This labor was certified on Dec. 26th 2006 and I-140 was denied last year after replying to the RFE raised regarding qualification. USCIS was looking for 4 yrs. degree instead of 3 yrs. They didn't accept my 2 yrs. post graduate on top of my 3 yrs. B.Sc degree.

    My question: Is it advisable to go ahead and revive this PERM labor to file fresh I-140 again? If Yes, then what all I should do before filing the fresh I-140? I have almost 8 years of work experience in USA beside my 3+2 years degree from India.

    Please advise.





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  • vdesi
    01-05 02:05 PM
    According to this all H1B's who want to buy a house ? can invest $40,000 should be given a GC out of turn.... Wow!
    What about people waiting in line patiently for five plus years, (labor, I140 and I485)?
    The line for those waiting patiently will not decrease, only people on bench for months willing to get GC at any cost will benefit.





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  • sunny1000
    12-13 03:30 PM
    The OP was whether the country quota is constitutional. My interest was to find out if the current laws and regulations are violated by the country quota.
    As lazycis pointed out, SC seems to uphold the current situation.

    I was not looking into arguing in a court whether a particular regulation is fair or not. The law is what it is (what I or you consider fair or unfair is immaterial), question was : Is the law being implemented or not? Seems like it is.

    To change the law, we as IV are lobbying and meeting lawmakers already.

    Unless a constitutional lawyer says otherwise, I see no reason to pursue the country quota in a court, considering lazycis post.

    You are right. The courts have long taken a position wherein they give a lot leeway to the Congress and the Executive when it comes to Foreign policy and immigration definitely falls under foreign policy.



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  • garybanz
    12-14 05:49 PM
    I am in.

    Thank you BharatPremi.


    All,
    Please respond to this post and let us know if you support us.

    Thanks.



    All,

    I think we have spent enough time discussing this, please respond to this post if you are willing to share the cost of taking this discussion to a top Constitutional attorney. (just the cost of initial discussion...not the actual case)

    Also if some one can point me in the right direction on finding the right attorney for this question then I'll really appreciate it.

    Thanks."





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  • bitu72
    09-29 02:09 PM
    HI can some body answer if we can apply for canadian PR with H1 B valid for less than 1 year.

    For canadian citizenship you have to be in canada for 2 yr(physicaly) and after 3 yr after stamping



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  • gc28262
    06-16 03:15 PM
    I guess we should ban people like dilipcr and senthil1 who are here to achieve their selfish ends.

    Though we have the capacity to tolerate such self seeking anti-immigrants, it diverts the energy and focus of IV members from the reason for which IV was founded.

    dilipcr and senthil1,

    We don't appreciate your presence here as your agendas don't fit ours. Please stay away from IV.





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  • kumarc123
    07-17 10:36 AM
    I mean EB2 India will be current with in a year.

    vdlroa my friend I couldn't agree less with you on that statement. Eb2 will saturate a lot of visa numbers, and will ultimately benefit our friends in EB3. As per now I believe, we should focus on creating more visibility for our cases, which will eventually help EB3 as well.


    Thanks



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  • Beemar
    04-01 10:04 PM
    Ok. I will open a thread titled "Who after Hu" and put a poll in it too.

    In case you are wondering who is Hu... (pun intended)

    http://en.wikipedia.org/wiki/Hu_Jintao

    胡锦涛

    Happy now?

    Come on dude, don't be a 爛屄


    Some time back when I asked my chinese colleagues to join IV they commented that immigrationvoice.org is an "indian" immigration forum...

    No wonder they felt that way.





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  • rahulpaper
    06-28 06:10 PM
    and everyone started having a sane discussion...

    hope fully this would help
    http://www.imminfo.com/resources/cissop.html

    Read couple of pages forward....thanks Ramba

    All you guys forgetting main thing. Visa bulliton is not a law. It advises consular posts and USCIS to accept and approve 485s and schulde interviews in consular posts to issue IV. It is just a advisary notice to other federal agency by DOS. It is not a binding document.

    The law is "an immigrant visa should immediatly available at the time of filing AOS application" . If visas number is not available on 3rd july, DOS has a right, under the federal law, to advise USCIS and consular posts to stop accepting and approving any applications and stop issuing IV at consular posts on any date.

    If you need more evidence, browse the adjudicator field manual for 485. It says "unless any interm notice issued by DOS, visa number is available to all in entire month". Therefore the key is "unless any interm notice issued by DOS". If DOS issues notice to USCIS on June 3rd, USCIS has to stop accepting any 485.



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  • immi_seeker
    09-17 05:47 PM
    I think it is between 3000 and 3500, with depended this comes to 7500.

    In 2008, 10% of these already got approved.
    Some 10% may have abandon application or used other priority days (porting).
    Some 5% may have used cross-chargeable

    So we are looking at a number close to 5000-6000 for Jan-March 2005.

    So assuming the worst case of 10k including applicants and another 5k for the PERM PDs in 2005, it seems if we have 15k spill over , PD will easily surpass 2005. Considering the slow economy and rare Eb filings , that spill over number could be a very possible number





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  • lazycis
    12-13 05:41 PM
    I've got some experience with the court system and I think the whole discussion is pointless. To invalidate the law, it should be in conflict with the constitution. What article of the consitution conflicts with per-country limits for EB GC? If anything, quota is equally divided between countries, so there is no discrimination. To get a GC is not a right and never will be. End of story.



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  • dvb123
    02-14 03:00 PM
    Since the lawsuit is about the getting the lost visa numbers it will be a good case.

    4. INA Section 203(e) provides that family-sponsored and employment-based preference visas be issued to eligible immigrants in the order in which a petition in behalf of each has been filed

    The law does not mention anywhere that u cannot recapture numbers.





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  • gcdreamer05
    07-17 11:50 AM
    Hi Attorney,

    My friend has an I-140 EB3 priority date oct 2005 approved and he had filed for 485 during july 2007.

    He also has another approved LC under EB2 category and he has to file I-140 now.

    In August 2008, the EB2 priority date becomes current for him since if he interfiles he would get oct 2005 on his new I-140.

    Since he would be porting his EB3 PD to EB2 I-140, is it allowed that now in august he can file both I-140 & I-485 along with porting PD request.

    or should he only file I-140 with porting request alone.

    Does USCIS still allow concurrent filing and in this scenario can he file concurrently.

    What happens to his earlier 485, does he need to withdraw it or how does it work. He is still working on his h1b now.

    What will happen to the EAD which was recieved but not yet used. For the new 485 will he get a new EAD or how does EAD depend on changes to 485.

    Please clarify.

    Thanks.



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  • vinay0622
    07-29 07:37 AM
    While applying EAD online, by mistake I put family name as first name and first name as last name, Now I have got RFE saying service record indicates my name is different, so send birth certhificate. Do I need to send a cover letter saying this was mistake and I swapped the name by mistake.
    Can It be corrected or it is very seroius mistake.





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  • gc4me
    03-29 09:38 PM
    Looks like murthy.com is correct after all. Already filled I-140 with sub LC will not be affected.
    Read this text.
    *Substitution--Substitution of alien beneficiaries will be
    prohibited as of the effective date of a final rule resulting from this
    NPRM and that prohibition will apply to all pending permanent labor
    certification applications and to approved certifications not yet filed
    with DHS, whether the application was filed under the prior or current
    regulation. This regulatory change would not affect substitutions
    approved prior to the final rule's effective date.

    Good catch!



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  • desim
    07-14 11:13 PM
    Thank you for your service and to IV for helping us.

    I have a question regarding my wife's status. Here is our current status:

    She got thru H1B lottery this year and is waiting for approval. Both our I94 are valid until Aug 11 this year. I have a valid visa until 09 today. She does have a gap between Aug 11 and Oct 1, 08.

    Her employer says he filed her application as COS. I believe it will be CP as there is a gap in her status. We want to travel to India after receiving her H1B approval. We will be getting our H1B/H4 visa stamping and return before Oct 1.

    My questions are

    1. after our return what needs to be done for my wife to work from Oct 1. Do I need to file a COS or Amendment to change her status from H4 to H1b from Oct 1?
    2. If so which form will it be I-129? Is there premium processing available for this?

    Thanks!





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  • thepaew
    12-13 04:49 PM
    Last I checked, the US was a sovereign country and is not under the jurisdiction of any international court. It is not even a member of the ICJ and this issue is not covered under WTO. Good Luck. :-)

    Yes, we should explore this more

    1) Whether we can really challenge this into US SC within US Constitutional
    framework?

    2) Whether we can really challenge this into International Courts?





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  • k3GC
    07-03 05:06 PM
    We have used Web fax in the past, I had also read in a different thread that it (faxes to senators) is how things work here. there were reports of how other groups had used and sent more web faxes than us etc etc ....

    Why dont we do that now.

    Fax to every senator, include the congress womans letter

    Make an IV statement supporting the congresswoman

    Lot of people will join the fax campaign

    Let us try multiple avenues - Lawsuit , blogs, faxes, media etc etc.

    Let us create as much noise as we can

    Please enable the web fax.





    gemini23
    06-26 01:30 PM
    Is this a joke..let me know if i can laugh at this one.

    Well....
    the rumour is that USCIS will accept as much as their parking lot can accommodate 485 applications.
    They will at best try not to spill over to the roads nearby causing traffic jams.:eek:





    BharatPremi
    07-13 01:43 AM
    Canada immigration is simple & straight forward.

    No expensive lawyers are required or any lengthy procedures. Just self do. Also look at the currency rate of US and Canada almost same... Tax is a little high but medical is fully covered.

    You need to fill forms,send all your education, papers etc and LO ! you are done and get PR Card. Some of my friends got it in less than 2 yrs.

    go to http://www.cic.gc.ca/english/index.asp and you can apply on your own.



    P.S: I am not an lawyer. Just another frusted GC wait, wait no reply candidate.

    Canadian Immigration is simple.. But then what? Are you ready to live your life in socialist welfare state? Buying a home in CAN $ 200000 in year 2007 will give you $ 5000 top in Year 2030.. Are you ready for that? Do not choose Good apples from the basket. This guy got a job from Microsoft does not mean that easily you would get settled...One thing I do not understand is why so much zeal about Canadian immigration on American immigration forums.. Is it some mental syndrome to make people part of your own guilt?

    By the way my very nearest relatives and friends have choosen (Many are in IT as well..) Canada to get settled... Some live there since last 20 years... I know how Canada works... And believe me if you get USA GC done.. Canada is not worth considering....More or less Canada is not that a dynamic society... It is still 16th Century European mind set... I can understand someone may get it done as backup but here it seems that some of the people are out to the mission .. And I have a problem there. If somebody is in really a bad shape of US Green card and all doors are going to be closed soon and considering Canada.. That is understandable... But living in US, stating to love USA and writing to drive others out of USA looks contradictory to me.. Hypocrates... US GC is broken and f@@cked up so what .. Try to fight it out as long as you can...And believe me not everbody's grapes are sour yet.

    Other thing, with decision of corporates you can not take decisiion to unsettle your life.. Argument: Microsoft decides to go to Canada and is hirring you .. What can go wrong...many things can go wrong.. you do not know and many things cannot be proved.. With myself it already happened.. In year 2001 Bubble burst my then employer gave me a choice to move to Canada ( Exactly Microsoft kind of public declaration.. Company is also very prestigious and more or less you can consider it of the size of Microsoft).... I took decision not to go and so I was out of the company.. Some friends went there.. after 2 years laid off.. Those 2 years they got American salary on Canadian land (Dream, huh !!!!!!!!) ,, But then what after lay off.. One of them had to sit 6 months to get proper job.. Way less salary... Can this happen to everybody? May not be..But the bottom line is you will have to fiight out the hurdles.. Here you have GC Process hurdle.. In canada you may not have that but you may be having other 100 hurdles... What will you do then? WIll you go to Australia? ...There are 600 countries so at the most you can do 600 migrations :-) By the way both of my friends now want to come back to USA after getting citizenship and their families do not want to move as they have mentally fed up with this move from country to country.. So wise up... my friend



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