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  • ghouse1742
    04-01 04:11 AM
    You don't want to give any credit to 'Modi' than by your logic, Chandrababu Naidu shouldn't be give credit of 'Andhra' turnaround, Vajpayee shouldn't be given credit for Infrastructure turnaround...In India Politics & Politicians are so important, until they are pro-work, nothing works. UPA govt's attitude was sit & watch for Orders from 10 Janpath, so all of us know how they performed..

    One might ignore land-scams of Naidu and support him. One might ignore fodder scams of lalu and support him. One might ignore the bribery cases on tape of vajpayee's office and support him. Because they have positive changes to their credit. But how does one convince oneself to support the so called human standing on dead bodies waving a flag of development.

    Dude we are considered the cream of the crop who think clearly. How can we hand over the reigns of future of our sons and the well being of our daughters in India to a person who supported the rape and murder to young girls and destroyed livelihoods of thousands.

    Imagine our christian friends trying to convince the jewish friends that they support Hitler because he is development pushing leader who is also church going, non smoking and that they do not support the side which actually supports rape, incarceration and murder of thousands who scrap out their living in the country. There is nothing like supporting half a person. You either support all his deeds or you dont. We or our kids will bear what we sow today.

    That is it for me in this thread. Best of luck to us Indians. Jai hind !!!





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  • Mount Soche
    02-14 08:30 AM
    Bestia,

    This is bigotry. Stop using other countries (Sierra Leone or Kongo (spelled Congo FYI) as scapegoats. Obviously, your country isn't so great or you wouldn't be on this forum trying to immigrate to the U.S. Plenty of people do immigrate to the Congo and Sierra Leone FYI...I am not attacking you but it is incredibly insensitive and ridiculous to point to other countries in that way - where are you from that's so perfect?

    That's an old story. The answer is: "if someone commits a crime, it doesn't give you right to commit crime".

    Why not go back and say "Well, Homo Sapiens themselves 150,000 years ago migrated to Europe from Africa and exterminated native Neanderthals. So why don't we just go and exterminate Europeans today and take Europe?"

    If it wouldn't be Europeans, there wouldn't be technological advanced United States and we wouldn't want immigrate here. We are not migrating to Kongo or Sierra Leone, don't we?





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  • Googler
    02-20 03:03 PM
    And then there this piece of info from Ron Gotcher posted on Feb 14, 2008
    http://immigration-information.com/forums/showthread.php?t=4285
    "Last night, at a meeting of the American Immigration Lawyer's Assocation Southern California chapter, Charles Oppenheim spoke. Mr. Oppenheim is the officer within the Visa Office tasked with calculating visa bulletin cutoff dates each month. He offered the following thoughts as to cutoff date movement in the upcoming months:

    In April, India and China EB2 will be set at 12/01/2003
    EB3 for India and China will slow down for the rest of the fiscal year."

    I am riveted by this because I spoke to Oppenheim just the day before this meeting (he referred to it). This was the conversation in which he told me that at present EB-2 India would only get numbers leftover from EB-1 India -- the problem is he doesn't know either exactly how many EB-2 India adjudicated applications there are in any specific PD range -- so every month he makes wild guesses, with the intent of using up visas. So I guess at least as of 2/14/08 he thought moving the date to 12/1/03 would more than mop up whatever was leftover from EB-1 India. Given the end of the FBI boondoggle (the effects of which have not been quantified by Oppenheim or USCIS) I'd predict that even a date in early 2002 would be good enough to mop up. Let us see if he changes his mind by mid March.

    See update on this discussion on this thread (http://immigrationvoice.org/forum/showthread.php?t=17450).





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  • polapragada
    09-24 12:30 AM
    Sent the E-mail. tomorrow I will send another E-mail from my official ID



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  • chanduv23
    07-21 11:33 AM
    More than the money, these guys are plain stalkers! They don't leave you even if you are not interested and even after blindly telling them right on their face. Anywhere you go, Costco, Walmrt, Indian grocery stores, Malls these guys are right behind you. Next time i am calling COPS and i am going to report these guys.

    Enough of leaving it or taking it lightly becasue of so called "your countrymen" stuff.

    what a PITA!

    Because of all these experiences, even when you genuinely smile or strike a conversation with a desi, he/she first suspects you to be an ammway guy. I face it everyday, being "outgoing extrovert" in nature, I tend to smile and talk to people in elevators, walkways, malls, restrooms, groceries etc... which is mostly casual fun stuff and most times desis suspect that I am a ammway guy and cut me out harshly.





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  • NolaIndian32
    10-28 01:30 PM
    Can Nixtor or IV Core share some updates on the status of this idea/project.



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  • _TrueFacts
    09-04 01:43 PM
    May he rest in peace...

    Shree..don't worry God will give him due treatment..





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  • sanju
    09-23 11:07 AM
    Emailed everyone on the list. Great Draft. Now calling my wife to send the emails. Later I will email my friends to send out the same communication. Great work Nixstor!



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  • jayleno
    07-21 03:11 PM
    To a_yaja,

    Thanks for your detailed story my friend. This thread is turing into a support group for Amway/Quickstar victims.
    How is your experience with your childhood Amway friend. Still friends or just keeping in touch because he has the acess to the Amway database? :P

    [QUOTE=a_yaja;1971286]I have come across quite a few of the Amway/ Quickstart folks. Like most of the people have described here, they usually approach me in Walmart, Meijer, etc. My first experience was in the temple. This dude and his wife went "oh wow! you know so many languages." After talking to the dude, he said that he knew some of my childhood friends and he remembered my face and that we could have possibly played cricket together in our childhood days (this itself should have raised red flags - but I was naive then and didn't think twice). Long story short, we exchanged phone #s and next day he called me and asked me to meet him at his home. He was running an "ecomm business" and was looking for partners. I asked him if he was talking about Amway and he innocently asked me "What is Amway?" I agreed to meet him but something bothered me. I called up another childhood friend who was in Amway and asked him about this dude. Sure enough he was an Amway-ite and already a "Diamond". I was mad and did not go to his house. He called me a couple of times but I never picked up the phone.

    QUOTE]





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  • MYGC2008
    09-23 05:50 PM
    By Looking into Data provided, INDIA EB2 should get more Visa this year.

    Look at the Data for EB2 CHINA
    for 2004 it is 123 and for 2005 it is 4100.

    If the Cutoff Dates does not move for China/India ,How they going to use spillover visas?
    This is really interesting
    Since EB1 is Current and Rest all Eb2(except CHINA/INDIA) are current. This time there will be huge spillover.



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  • samay
    08-03 07:21 PM
    Hi Samay,

    We would really appreciate if you could provide your inputs on our case.

    My wife came to usa on H4, and transferred to H1 in 2006 to work for a desi consultancy.

    Recently she took a full-time position with a fortune 500 company. Her H1 transferred to new company without any problem.

    We would like to appear for her first time H1b stamping at Vancouver during next month. We have some concerns regarding the following issues. Any inputs are highly appreciated.

    She graduated in India and worked for an IT company in India for 2.5 years before coming to USA. Can she appear for visa interview in canada, though she does not have degree from USA.

    Her H1 started on Oct 1st,2006. But she did not find a job until Mid November during the first year. Her employer is not willing to put the start date on work experience letter as Oct 1st, rather on both offer letter and work experience letter the start date has been mentioned as Mid Nov. Will this discrepancy in H1b start date and offer letter start date would be a problem during stamping?

    She has some intermittent large gap in work experience due to the pregnancy. Thus, she has significantly smaller wages (50% less)on w-2 compared to offer letter during second year. But the work experience from previous letter does not state any gaps in work experience. Will the VO would ask for any additional details regarding the wage difference.

    Also, there is a gap of 15 days between the last date on previous employers work experiene and new job start date, and the same can be found from the letters from different employers.

    After she changed to full-time, she has all the required docuemntation for H1B stamping.

    We would like to know the severities of these concerns and suggestions to overcome the same.

    I have a few questions:

    Was she working part time during her pregnancy if so was an amended H1 B application filed for her. Also were the wages she was paid less than what were mention on her LCA.





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  • PlainSpeak
    01-14 01:16 PM
    PlainSpeak,
    I say this in the nicest way possible.

    1. Instead of wasting time by answering here on the post, do something constructive for your own gc (whatever that may be).
    2. If you do not believe in IV and what it does, you are truly wasting your time. Second, which IV provision do you not believe in - visa recapture? excluding dependents from being counted? removal of country caps? which one of these hurts your prospects of getting the gc?
    3. Watching cspan definitely gives a person a better understanding of what is happening. No questions about it. But it is a passive exercise, as there is nothing you have done or can do or will do to change the outcome of what is happening.
    4. Let us hope that this DV bill goes somewhere - what kind of activities do you suggest we should do to prepare for it? With specific details, you may be able to persuade people.
    Ahh my friend willgetgc you are back and thanks for asking nicely. That is really appreciated. Ahh i see that you still have a tinge of anger but no problem. this is progress

    1. Instead of wasting time by answering here on the post, do something constructive for your own gc (whatever that may be).
    Some one has to make it clear and by that i mean explicityly clear to you all that the fact is you people are not the only ones who can write eloquontly and articulate and idea. And that your mob mentality ganging will not work anymore, There are other peoples out there and they also have idea and this is the one way to make sure all you people read what is going on becasue my friend you all are reading. This is the first step. The next step would be discussion of an idea and so one

    2. If you do not believe in IV and what it does, you are truly wasting your time. Second, which IV provision do you not believe in - visa recapture? excluding dependents from being counted? removal of country caps? which one of these hurts your prospects of getting the gc?
    None hurt my prcopect instal All are good for my prospect but my simple statement is that nothing small has passed in congress so there is no gaurentee that anything big will pass so instead of hangng on to the same old ideas (We can all can go back to them when there is mommentum on it) it is time to think about new out of box ideas

    3. Watching cspan definitely gives a person a better understanding of what is happening. No questions about it. But it is a passive exercise, as there is nothing you have done or can do or will do to change the outcome of what is happening.
    It seems that you are way behind the curve here my friend. That was written a long time agao but no matter you read it that is important. To your question yes watching CPAN is a start, i agree a passive start but a start. The next step is active participation but looks like that is something which will not be allowed to happen by all the senior members and donors of IV

    4. Let us hope that this DV bill goes somewhere - what kind of activities do you suggest we should do to prepare for it? With specific details, you may be able to persuade people.
    Ok my friend this is being asked so many times and it is painfull (Physcially) to type it again and again and so i will do it just once more and i would request all IV members donors to read about it here not ask the qeustion again and again but refer to this section which i have highlighted

    I have some plans and ideas. I am sure it would be duplicates of what you intelligent people people have already talked about and maybe implemented in full. Now for me to talk about my ideas (which you ask because you doubt my intentions) i would say i also doubt you guys intentions. I get abuses and specially i have MINUS 2000 points (That many people hated my idea), so for me to talk about it i need some questionable action from you guys who gave me reds because you beleive i am wrong and now want me to explain myself but you yourselves will not change you attitude or hostility



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  • lazycis
    02-13 08:46 AM
    Does any one on this forum happen to know an approximate dollar amount that would cost for if we (IV team) is planning to proceed further with this class action law suite on USCIS?? the reason I am asking for is if we have known dollar amount/target amount in hand it makes it easy for all to start contributing towards this target amount and proceed further with law suite.

    I am sure someone on IV team would create a separate bucket for this specific class action law suite task and keep track of amount that's been collected...

    Yes, I totally support this class action suite and also willing to support as mush as I can financially....

    I think the good start is to consult with Rajiv Khanna. He has an experience in class-actions/federal litigation and will tell whether it is feasible to go this way. It will cost $600 (approximately). To file a class-action complaint will cost around $10k. The rest depends on the lenght of the proceedings, but my estimate is another 20-30k. Peanuts comparing to lobbying :) IV may not want to go this way, as Mark Bartosik once explained, it may hurt its other efforts. If that's the case, potential plaintiffs can work with lawyers directly.





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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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  • arc
    07-08 07:18 PM
    Dear Sir/Madam

    Thank you for helping us.

    Scenario:
    If one is working with company A on H1 and Company B applies a future employment GC for the person. The Person received EAD/AP for the 485 which is pending from 1 year through company B. Also have a valid and stamped H1 for 3 years from company A.

    Now in this case:

    1) Is there a Law or Need to Join company B since EAD has been issued?

    2) Can one stick with company A even after getting EAD till he gets GC? In that case is AC21 required to remain with Company A?

    3) Can one Join new Company X and use AC21?

    I really appriciate your community service, thanks in advance!





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  • Macaca
    07-03 09:37 PM
    This is strickly media drive thread.. please only post related to media drive..

    This is a good idea. I will add to points.

    Lets just get all ideas unrestricted.



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  • dealsnet
    09-04 12:17 PM
    You are showing your contribution in all your postings. Don't have any shame???
    your left hand should not know what your right hand is doing(giving)
    It is typical for many Indians to put their name in cars (even here) and their contribution to temples to be anounced in public address system and put names on any things which they are donated.
    You need to change the style, if you are in Rome, behave like Romas.

    You have 352 posts and not one dollar contribution. Are you talking about shame on IV?





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  • meridiani.planum
    10-07 05:28 PM
    I have built a very simple EB2-I Visa predition model

    Making following assumption

    15000 new EB2 ROW I-485 applications
    12000 new EB1 I-485 applications
    EB4/EB5 use 70% of allocated visa (30% spillover)


    EB2 Visa Bulletin prediction for FY 2010
    Bulletin Quarterly-spillover Annual Spillover
    Oct-09 22-Jan-2005 22-Jan-2005
    Nov-09 22-Jan-2005 22-Jan-2005
    Dec-09 31-Mar-2005 1-Feb-2005
    Jan-10 31-Mar-2005 15-Feb-2005
    Feb-10 31-Mar-2005 31-Mar-2005
    Mar-10 31-Mar-2006 31-Mar-2005
    Apr-10 31-Mar-2006 31-Mar-2005
    May-10 31-Mar-2006 31-Mar-2005
    Jun-10 15-Oct-2006 31-Mar-2005
    Jul-10 15-Oct-2006 30-Sep-2005
    Aug-10 15-Oct-2006 30-Apr-2007
    Sep-10 31-Mar-2007 30-May-2007


    3rd Q spillover numbers are too optimistic. 2006 alone has ~20k pending EB2I. you are assuming whole of that, plus 1 quarter eachfrom 05 and 07?





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  • chanduv23
    06-28 08:57 PM
    There is difference... We didn't spend any money after June VB but everybody spent minimum $500 after July VB...

    If they don't accept application then USCIS made govt = 500* 100,00= $ 5000000.


    Mr Collection agent - why don't we start a new funding drive now :D :D Just kidding - take it easy





    vdlrao
    07-21 06:49 PM
    For 2007 we had an availability of 226,000 Family Based Visas. But the issued visas in 2007 in Family Based are 194,900 visas. That means there are 226,000 MINUS 194,900 = 31100. These 31,100
    unused Family Based Visas have been made available for 2008 Employment Based Visas of 140,000. And USCIS has 28,795 unused VISAS of American Competitiveness in the 21st Century Act of 2000 (AC21).


    American Competitiveness in the 21st Century Act of 2000 (AC21) had recaptured 130,107 visas.
    Out of that 94,000 were used in 2005.
    7,312 were used in 2007.

    So dont know when the available 28,795 unused VISAS of AC21 will be used again.



    The unused family based visas of 2007 are 31,100 , which are going to be added for Employement Based Visas of 2008. So the total Employment based visas for 2008 are 140,000 + 31,100 = 171,100.

    Theses 171,100 EB Visas of 2008 will be split like, asuming USCIS is not using the availble 28,795 unused VISAS of AC21 below.


    (If USCIS decides to use some or all of 28,795 unused VISAS of AC21, then the available Employment Based VISAS of 2008 increases accordingly. )

    28.6 percent each EB1, EB2 and EB3. 48934 VISAS for Each Category.
    And 7.1 percent each EB4 and EB5. 12148 VISAS for the last two EB categories.


    So in 2008 the total Visas for EB1 and EB2 are 48934 + 48934 = 97868 plus unused EB4 and EB5 visas of 2008.



    The total EB5 Visas usage never crossed 824 in the past 10 years(Average Usage is 376/year).

    So there would be 11148 visas available for EB1 from EB5 (assuming 1,000 visas are used in EB5 which is highly impossible)

    The unused EB4 Visas may be couple of thousand or null, based on the past 10 years EB4 usage (7,223 is the average usage)

    Assume there are only 2,000 EB4 VISAS unused in 2008 (defenitely it would be more unused).

    So IN THE WORST CASE the total EB1 and EB2 Visas for 2008 are

    48934 + 48934 + 11,148 + 2,000 = 111,016


    IN THE BEST CASE, ASSUMING USCIS USES ALL 28,795 unused VISAS of AC21 FOR 2008 AND THERE WOULD BE 5,000 UNUSED EB4 VISAS, THE TOTAL EB1 AND EB2 VISAS FOR 2008 ARE GOING TO BE 111,016 +3,000(EB4)+ 2*(28,795/3) = 111,016 +3,000+19196 = 133,212



    Total (EB1+EB2) from 1998 to 2007 --> 35737, 23401 , 47821, 84222, 78484, 29859, 63825, 107328, 58871, 70859



    So IN THE WORST CASE the total (EB1+ EB2) Visas for 2008 are

    48934 + 48934 + 11,148 + 2,000 = 111,016



    IN THE BEST CASE, ASSUMING USCIS USES ALL 28,795 unused VISAS of AC21 FOR 2008 AND THERE WOULD BE 5,000 UNUSED EB4 VISAS, THE TOTAL EB1 AND EB2 VISAS FOR 2008 ARE GOING TO BE 111,016 +3,000(EB4)+ 2*(28,795/3) = 111,016 +3,000+19196 = 133,212



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




    Type and class of admission 1998-- 1999-- 2000-- 2001-- 2002-- 2003-- 2004-- 2005-- 2006-- 2007


    Employment-based preferences 77,413-- 56,678-- 106,642--178,702--173,814--81,727--155,330--246,877--159,081--162,176

    First: Priority workers 21,375-- 14,844-- 27,566-- 41,672-- 34,168-- 14,453-- 31,291-- 64,731-- 36,960-- 26,697





    test101
    07-04 11:27 AM
    Legal immigrants and the prison of USCIS



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  • go_guy123
    03-17 11:13 AM
    such people cut in line in front of us and don't even bother paying money to IV. Why should we give them free advice. If they can spend money buying labor for 20K they can spend hundred dollars and consult a lawyer and ask their question. It is with such mentaility they are brought up with in their country- Currption and getting things done with money. But never paying anyone for a just cause. In my country people contribute only when they fear god in temples, for medical treatment or to astrologers!!

    At least on this forum we can have the resolve to fight such people who are hurting most of us.



    Good that DOL/USCIS is getting rid of labor selling by voiding after 45 days
    ( in the final rule that might be raised a bit ...to 90days ...which is justified and reasonable)





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  • unitednations
    02-13 03:34 PM
    I interpreted that as allowing a country to go over the overall 7% limit in the total EB categories.....Which conforms to what USCIS did in 2005....USCIS allowed much larger than 7% from India that year...and they were within law...( Of course that can be litigated against if someone raises an objection ......)

    So if my interpretation applies and after reform there are 290K total visas available then there is a decent chance of EB2/EB3 India China to at least come to 2005 PD levels if not current...


    If they changed the law to have 300,000 visas but there is 400,000 people going for greencard; then there would still be retrogression. The unused visas from ROW would not get allocated quarterly but in the fourth quarter.





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  • GCmuddu_H1BVaddu
    09-16 10:20 PM
    Fool, I will ask a new question.

    Did NTR fathered you OR NTR, Chandrababu together fathered you? OR are you upset because YSR did not father you ? Ask your M and comeback and tell us.

    If you don't like a person keep it to you. Don't rant on dead people caste based and make fool of you.

    GCmuddu_H1BVaddu,

    I ask the same question as asked by others. Is YSR your father or did he fathered you? If you like him, keep it to yourself otherwise prove that all facts posted by me are wrong ?

    If you rant on me, you only make fool of yourself...by the way I can rant on you too.





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  • deepakjain
    05-29 11:04 AM
    One of my friends came to US in 2002 applied for GC with PD of 2005 under EB3....looking at the situation he went back to India starting of Feb 2007...came back to US as Senior Project Manager [Virtual designation] he still does a developer work....applied for GC under EB1 in Aug 2008.....March 2009 he has got his GC.....

    Yenjay Madi....I know of 7 cases who were with me 3 years back and now they have GC...

    with current new fraud mantra EB1 will never spill over to EB2....soon EB1 for desis will have priority dates......



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  • waitingnwaiting
    01-14 03:39 PM
    I would like to see Plainspeak's project plan on his idea. The plan should detail out timeline, budget, manpower and responsibilities. Most importantly what will Plainspeak do in this plan as a responsibility.

    Let us see if you can only write junk or can even post something useful.

    I did not see any plan yet. Basically he is wasting time with opinions from behind.





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  • whitecollarslave
    09-23 02:54 PM
    Yes, mine was approved a month back without any hassles and bought the home ....

    If you don't mind sharing who was the lender?



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  • ramus
    06-27 09:37 PM
    "However, considering the fact that the USCIS currently rejects the "Other Worker" category I-485 applications even though June 2007 Visa Bulletin show current for certain applicants because the "other worker" category quota was exhausted on June 5, 2007".

    Does anybody know if they rejected all other worker's applocation who filed in June or rejected only who filed on or after June 5, 2007...





    According to the AILA, approximately 40,000 visas remain in all employment-based categories, other than EW, for FY2007, according to its sources, and that the USCIS has far more than 40,000 adjustment applications in the backlog queue that are ready for approval, not to mention the additional numbers which will be consumed in concular immigrant visa processing. It is thus possible that the cap may reach within a short period in July, even though no one can predict it until after July 2, 2007. The USCIS at this time does not have any policy announced with reference to July 2007 I-485 filings which are filed after certain date in July when the total number is exhausted. However, considering the fact that the USCIS currently rejects the "Other Worker" category I-485 applications even though June 2007 Visa Bulletin show current for certain applicants because the "other worker" category quota was exhausted on June 5, 2007. This raises a serious concern because as we reported earlier today, the USCIS appears to be picking up the speed of processing of backlog I-485 applications in anticipation of flood of July 485 applications. The USCIS hands may be tied, should the EB visa numbers for FY 2007 is exhausted before the end of July.

    http://www.immigration-law.com/





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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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  • rkg000
    09-05 08:42 PM
    Yo breddy2000, nobody is calling you names man, but you are getting personal. Is YSR your father ?????.





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  • GCard_Dream
    10-04 02:39 PM
    Well.. may be because we don't have any legislative issues to talk about until congress comes back from recess in November. By the way, how do you know that this practice might be ending soon. I know DOL was considering this and was receiving inputs back in April but nothing came out of that. They have thought about this before and they are thinking about it again. DOL knows that this system is being misused to the fullest extent and want to put a stop to it but they never do due to the pressure from companies misusing them. Why do you think DOL will act now? I have my doubts that anything will be done.

    I have seen at least three thread in the past that discussed labor sub bashing. So you guys made your point, it is an evil practice and it screws those standing behind. We already know that this practice might be ended soon. So why are we discussing this issue for the fourth time all over again? :rolleyes:



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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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  • villamonte6100
    12-14 01:22 PM
    Unfortunately, I am not a lawyer. I am a tech guy just like you. I wish I could help.

    Our firm deals with corporate cases, either litigation or transactional, but not immigration. In fact, we hired an immigration lawyer to process my GC.




    Are you a constitutional lawyer or maybe know someone who can help? Yes, we would appreciate knowledgeable input from experts.



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  • ivar
    08-16 01:44 AM
    [QUOTE=Mr. Brown;689396]While proponents would mask this whole backlog issue as something purposefully done by the "system" I don't buy it. It is a proven disaster.

    --- Deleted ----





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  • greenscope
    09-24 10:10 AM
    When can I get my gc based on these uscis data for sept 2005 eb-2.Please suggest me.



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  • snathan
    08-20 10:31 PM
    ^^^Not sure about the credibility of this news since its from TOI, but SRK seems to have bitten off a little more than he could chew! Rest assured, he will get his publicity one way or the other. :D

    SRK also equally crap to talk about...so lets give this thread rest to peace..





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  • arunmohan
    04-01 03:32 AM
    Widower Zardari will be marrying Kumari Mayawati just after election to unite subcontinent and bring peace to world.

    Amen!!!!!!



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  • tjayant
    10-04 07:25 PM
    Hi Guys,
    I got my PR, is there any way i can keep it current, looks like it will expire in 5years if you are not staying in Canada for more than 2 years, but some said there is a workarround.
    -Jay





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  • NKR
    02-12 01:04 PM
    Hi,

    In the past any leftover numbers from undersubscribed countries were being given to the oversubscribed countries in the final quarter of the year (Jul-Sept), That's how so many of indians and chinese got their GCs over last 4-5 years.

    My question is, is that still the policy of the USCIS? Will USCIS use the leftover numbers from ROW for India/China.

    The possibiliy of having quite a few of leftover numbers is high as ROW is current for EB2. That might bail out, to some extent, EB2 India.

    You of course have to count the effect of new memorandum about FBI Name check into this mix.

    Thanks,

    Viren



    No left overs from ROW to POW (this is what I am feeling right now with EB2 being unavailable)..





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  • msp1976
    02-13 03:30 PM
    Originally; I had interpreted the paragraph to mean if the total visas by category i.e, total visas in eb1 are unused then a country can go over 7% limit in that category (horiziontal spillover).

    However; the law is determining total as total visas for all EB categories as a whole. Therefore, there has to be unused visas from the 140,000 for a country to go over 7%.



    I interpreted that as allowing a country to go over the overall 7% limit in the total EB categories.....Which conforms to what USCIS did in 2005....USCIS allowed much larger than 7% from India that year...and they were within law...( Of course that can be litigated against if someone raises an objection ......)

    So if my interpretation applies and after reform there are 290K total visas available then there is a decent chance of EB2/EB3 India China to at least come to 2005 PD levels if not current...





    minimalist
    05-11 10:23 PM
    As a person you are offended that I made comment based on what you said in one post without considering your whole lifestory. India's history is out there for everybody to see and most educated indians know pretty well what kind of a nation India is.
    However, you managed to compare India with Nazi Germany. Great job. Based on 1 incident, you managed to slam a great nation like India. But when it comes to you you want many factors considered. Why the double standard?

    Then there are some wacko job politician from TN that says if Prabhakaran is hurt , they will separate from India. All they need is read back to early years of post independence India and a person named Vallabh Bhai Patel. There are still people with similar capacity in India, that will bring such wacko jobs and their supporters in control.

    Remember, same goes true for the wacko jobs from Maharashtra too who say Maharashtra is for Marathi's.

    Don't compare 1971 Bangladesh with current day Srilanka, if you can think straight.

    Flag burnig is a criminal offense in India, just FYI.

    Technically I can change my country of citizenship any number of times in my life (cannot, if struck like this GC limbo) or even religion but I cannot change my ethnicity even once because I'm born into it.

    I agree Sri Lanka is a sovereign country but why did India poke its nose on the pre-1971 Pakistan and created a new country Bangladesh. Is there a different standard for different people with the Indian govt policies?

    Even If I had not got the opportunity to come this great nation United States of America, land of free and country of brave, I would have done whatever I could in India to help the beleaguered Sri Lankan Tamils and protested against the policies of Govt of India toward this issue.

    I�m upfront about showing my resentment towards my country of birth and I �don�t show false patriotism/nationalism towards India like other Pseudo-Nationalists, who internally betray India at any moment and ready to change their nationality at the next opportunity but externally portray that they are the guardian of India and it is their soul. I currently live in a country, where even burning the national flag is considered a form of protest, if someone thinks that expressing resentment to India or protesting against her policy is unpatriotic, grow up guys.

    You can say whatever you want and judge me in your point of view, I�m not going to argue about it because you don�t live a life of a Indian Tamil with hands tied of being called a terrorist, when you support Sri Lankan Tamil cause, and you cannot understand the relationship we (Tamils from India) have with the Sri Lankan Tamils, besides the people (including small babies and even some in the womb), who are getting killed in Sri Lanka by the Sri Lankan government are not your kith and kin.



    You don�t know me, and you don�t know what positive things me and my family has done and doing to the people of India, particularly to the farming community and you don�t know what I�m doing to rectifying issues (whatever I�m working on)�..you should be careful when making these kind of statements on person you don�t know anything about except one comment on this thread.





    rahulpaper
    06-28 04:58 PM
    In that AILA reference of EB3 others for june... DOS asked USCIS that visas are exhausted..it wasnt USCIS directly jumping to conclusions.

    my 2 cents..


    Today, he emailed by HR directly and told them that "we will file everyone's 485 in first week of July ".

    He also said that there is no need to panic because AILA is already threatening USCIS with lawsuit and right now its in negotiations state. (Whatever). He said that the thread from AILA will prevent USCIS from doing the same mischief again in July 2007 to EB2, and EB3 categories. (Somehow I dont buy that, I dont think USCIS is afraid of anyone and they are acting like and independent body ... like the Supreme court working on its own schedule and own whims).

    So the thing is...he acknowledges what happened with EB3-other category in June and says that he will file in July first week (good for me and my other co-workers) but he is still sticking to his guns that "It wont happen because USCIS will be scared of AILA".

    What USCIS has done for EB3-other worker category is violation of federal regulation and it cannot just ignore the visa bulletins because it feels like doing so and its having a bad day. But nonetheless, the people who make these decisions dont get sued. The agency gets sued, and those lawsuits are fought by internal lawyers who are on USCIS payroll. They get some heat for violating the federal regulation but its not like they would lose their shirt over it.



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  • humdesi
    11-12 05:17 PM
    DOL cannot do anything about labor sub. USCIS must stop using old PD. FOr this, we need to appeal to USCIS. Do you know who to address the letter?


    Having said all these, let me ask you something?

    How many of you wrote to Dept. Of Labor to stop Labor
    substitution when they put a comment period for the proposed
    removal of Labor Sub?

    Everybody knows that the system is broken. The whole point
    is what are we doing to fix it? This is a foriegn land. So we have to
    work thrice of 4 times harder to change the system in place. Are we
    doing that?





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  • desi3933
    06-15 03:54 PM
    ........
    ........
    1. If the outsourcing companies would pay on an avg at 80K per head for the "well qualified" people, I am even ok with their dumping their dumping the L1s here. Why is it that you guys are ok with the L1s being dumped at 40K-60K salaries ? Shouldn't they get paid high too ? This is what I am arguing for. If the outsourcing cos don't want to pay this rate, then keep them in the country of origin. No need to depress wages here. Is this a wrong thing to ask ?
    ......


    Where did you get that 80k number? You think 80k is good salary for that job, someone else may say 65k, I may say 90k. The salary, among other things, is determined by market forces. If you can't find enough people with xyz then company will be forced to offer more.

    As long as there are people who are ready to work on salary 52k (example), employer will not pay 70k. As long as employer is following all the legal requirements, no one can dictate salary for the job.

    I am a US citizen of Indian origin with background in Computer Science, Finance, and Business Laws. I have been in this country for 11+ years and I have seen so many changes in tech world. Nobody talks of sign-on bonus on H1B anymore. I am dot net architect and I am seeing lot of competition for jobs and this is causing downtrend pressure on salary. But, instead of, blaming someone else for the competition, I am taking it head on. We need to keep working on our skillset and employer will pay the salary. Like they say, for the right candidate salary is not a constraint.

    Let us not forget our struggling days of H1. The least, we can do, is to encourage our fellow immigrants who are waiting for their green cards.



    .





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  • Rohan99
    07-28 01:03 AM
    One way to know the truth will be..
    Inform immigration law enforcement authorities about next Amway meeting place and tell them that H1B visa holders are doing illegal work... I am sure we will have some extra visa numbers


    Sure with dead bobhead braincells of yours, nobody expects your self image to be high enough. Its not for wimps wearing zippers to the side like you. If you are man enough come and talk to me, and will see who gets handcuffed.





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  • HopeSprings
    09-24 01:41 PM
    The calculation done by Bharatpremi seems to have flawed while calculating spill-over. Spill-over is first by preference and then by country. That is how till VB of August 2009, you see ROW EB1/2 was current and ROW EB3 was U and EB2I was in 2003.

    Now, considering spill-over by preference first, the following could be a conservative analysis:
    I am trying to see if EB2I can cross Dec 2006 by end of FY2010. So, we will consider only those cases that might be placed before EB2I PD as Dec 2006.

    Consider all the pending EB(1+2+4+5) cases reported so far for ROW, China, Mexico and Phil and add it to pending EB(1+2+4+5) cases for India till end of 2006. The number is around 68000.
    Assumption (the numbers for FY 2010 for cases that might be placed before an EB2I case with PD Dec 2006) -
    - All EB4/5 cases till end of 2010 FY - 2000
    - ROW, Mexico, Phil EB1/2 - 8000
    - EB1 I/C - 1000
    - The new cases from EB2C (PD Sep 2009 onwards) will not be placed before EB2I PD Dec 2006

    Assuming cases cleared in the month of September - 4000 (around 7000 are eligible based on the cut-off date).

    Total visa numbers required to clear off EB2 till Dec 2006 = 68000+2000+8000+1000-4000 = 75000

    Visa numbers available for AOS for EB (1+2+4+5) in FY 2010:
    Assuming 15% go to CP.
    Total number for AOS = 119000
    EB1 (28.6%) - 34034
    EB2 (28.6%) - 34034
    EB4 (7%) - 8330
    EB5 (7%) - 8330
    Total Visa numbers available for AOS for EB (1+2+4+5): 34034+34034+8330+8330 = 84728

    So, total number needed to move EB2I past Dec 2006 is 75000. Total available for this cause is around 84000. If USCIS uses all the available visas, spills over only during last quarter and maintains Preference-first spillover policy, I think the visa dates will move well ahead of Dec 2006 by end of FY 2010, most likely in the following way:

    Oct 2009 - Dec 2009: Jan/Feb 2005
    Jan 2010 - June 2010: Mar/Apr 2005
    Jul 2010 - Sep 2010: Feb/Apr 2007



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  • _TrueFacts
    09-04 02:29 PM
    YSR is dengerous than SWINE FLUE...shame on YSR's Son.

    Over 100 die after YSR's death..

    India - NEWS - The Times of India (http://timesofindia.indiatimes.com/opinions/4970708.cms#top1)

    See what posters in Times of India say

    Raj,Uk,says:With all due respect to YSR but his followers are not leaving any stone unturned in capitalising his death it seems like a race to make him most popular leader. If the number of deaths due to shock to be considered as the measure of popularity then YSR becomes far more famous then Mahatma Gandhi, Jawaharlal Nehru, Indira Gandhi, Rajiv Gandhi et al. This is a wrong precedence we are setting by publishing the unconfirmed news, just think what will happen post mayawati/lalu and other so called popular leaders.

    Ek,BLR,says:60 people dying is a joke..bigger joke is people dying of cardiac arrest...I have never heard of anyone having a cardiac arrest at their mother, father,wife or for that matter their Child's death.......These people attribute any death happening on these days to YSR's death..I am not denying there are some fools who are capable of committing suicides though!!!





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  • pappu
    06-02 10:46 AM
    country quota is not racial discrimination...u must be a fool to say that.

    To change the country quota..they have to change the whole philosophy of immigration in this country... Equal opportunity for all...

    Its absurd to try to change the country quota..we must try for recapture..instead..

    Then how do you explain no country quotas for undocumented in CIR?

    We need to strongly oppose reasons that we hear in favor of quotas because country quota is discriminatory.



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  • sunny1000
    06-28 08:22 PM
    I suggest that you do this: Send the URL from AILA's memo about what happened to EB3-other worker category in June. And copy your HR and senior folks of your company when you email lawyer. That will tend to focus the attention of your lawfirm and they will either have to say "We will file asap" or they will have to say "AILA's memo doesnt mean anything".

    I bet they will come back with the former conclusion.

    Apparently, these lawyers have been too conditioned to work 30 hours per week and now, having to work 60 hours per week is too tough. NEWSFLASH LAWYERS : We idiots in IT and software very often work long hours to meet project deadlines. Its a part of life. Get used to it or like I said before, find something else to do. Like basket weaving or poetry writing so that you dont have to see deadlines and dont have to burn midnight oil.

    The lawyers are like USCIS where you are a "case" and not a human being. So, their attitude is that "I will get to it when I get to it" with no sense of urgency even when someone's life hangs on it...this is what they call "customer service" :rolleyes:





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  • snathan
    03-30 02:08 PM
    May I know who is that redard gave me red...?



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  • mallu
    02-14 02:50 PM
    Let USA take a statistics of the current population and then decide which category of countries need more or less immigration to balance true diversity.





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  • return_to_india
    05-19 10:23 PM
    http://timesofindia.indiatimes.com/India-set-to-counter-Chinas-influence-in-Lanka/articleshow/4553638.cms



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  • BharatPremi
    12-14 05:38 PM
    [QUOTE=at0474;206395


    --What if 10% a year from one country continues for few years...
    [/QUOTE]

    What if only few countries ONLY can supply the required skilled labor sufficiently and no other countries can?





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  • visves
    02-14 07:23 PM
    If we increase the number of links from other web-sites, blogs etc to immigrationvoice.com, then immigrationvoice should show up earlier.

    If you google retrogression, IV doesn't show up until page 2.
    Is there anyway we can change this? So that IV is the first link that shows up? Anyway know about this.



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  • chetanjumani
    12-14 12:45 PM
    You don't have a case. Before laws are signed, lawmakers spend hours and hours or weeks arguing, debating and modying before it is passed by both Senators and congressmen.

    If they change the current law to favor Indians, then it will be disciminatory to other nationals. Think the other way.

    Personally, I don't see any discrimination in the existing law. It so happened that you came from Indian and the law only allows a certain percentage per country.

    I am not sure if correcting a discrimation can be considered as discrimation againt group who were in an advantageous position before the correction is done.

    I dont think any one wants any changes in favor of a particular nation, in fact they want it to be without favor to any particular nation and treat every one with equality.

    I am not a constitutonal lawyer, but I believe if we pursue it, the per country limit may be removed.

    How ever I am not sure if that will be very helpful to us now. Even if there is no per country limit, i think we will have to wait for years before the visas are made available.

    I think, Immigrant voice should strive to make the system as fair and as efficient as possible, irrespective of in person who gains/looses from it.

    Another very important thing here is not to get divided amongst ourself. If we do that we are not going to get much.

    Take an honest view irrespective of your personal loss/gain.

    We might even try to ponder how we could use this to get media/public focus on legal immigrant community, and its inefficiencies. Use this to forward all our causes.

    We might want some people in PR to put this in media that perhaps there is something unconstitutional in the law, without going to the extent of filing a law case.

    I would encourage every one to come up with imaginative ideas to achieve our overall goals of an efficient and fair system for legal immigrants.

    Please help grow this idea





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  • imcdude
    11-11 10:54 AM
    While Pre-approved labor is ok, the priority date of the original applicant should NOT transfer over to the beneficiary of the substituted labor. The injustice is there.



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  • eeezzz
    07-17 11:35 AM
    I don't agree with your arguement. Spillover can happen in any quarter and you don't need to wait until the last quarter for it to happen. with EB1 and EB2 being current, the spillover into EB2 I and C will start from November/December of 2008 itself
    What makes you so sure the spillover can happen in the first quarter? Is there an example in the last 10 years? You may have forgot Feb. 2008 bulletin. If what you say is true, why it was U for EB2-I on Feb. 2008? No one in USCIS can take the responsibility if the spillover in first quarter causes EB2 RoW with cutoff date later, as they can't predict if there will be enough(or not) applicants to fullfill the quota. Therefore, spillover can only happen at 4th quarter. Unless if there's really mininum of usage, then it may start at 3rd quarter, but I don't think it will ever happen at 1st quarter.

    Here is the Feb 2008 bulletin.
    http://travel.state.gov/visa/frvi/bulletin/bulletin_3925.html
    INDIA EMPLOYMENT SECOND PREFERENCE HAS BECOME “UNAVAILABLE”

    Despite two retrogressions of the India Employment Second preference cut-off date, demand for numbers by CIS Offices for adjustment of status cases has remained extremely high in recent months. As a result the annual limit for the India Employment Second preference category has been reached, and the category has become “unavailable” effective immediately.





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  • kuhelica2000
    02-13 10:06 AM
    I couldn't agree more with you. The limited number of GC is definitely a critical factor. But we have contributed to this mess ourselves. Look what happened with EB2 India. Did India started producing EB2 talents overnight? No; rather we started polishing our resumes with inflated years of experience and job description so that we can apply to EB2. The system is too liberal and based on trust. If employers start scrutinizing resumes and certificates a lot of applicants will simply drop off from the GC queue.

    Before the Y2K problem, the most common route for Indians to migrate to the US (EB category) was this -->

    TOEFL
    GRE
    Admission into US university (most likely for masters)
    Scholarship or loan
    MS/Phd in US
    Internship using OPT
    Job/ H1

    Since this involved multiple non trivial steps; the barrier for entry was pretty high that prevented mass migration.

    There were procedural delays (in some states with a lot of Indian population ( oh yeah; labor certs used to take 3-5 years esp in California, Texas & Northeast; but you could get labor cert faster in south dakota or such less densely populated places; but once you hit the 485 stage, you were certain of a GC within a few months )

    And then along with Y2K came TCS, Wipro, Infosys, & infinite other bodyshops that suddenly changed the equation. No need for TOEFL, GRE. No need to fight for scholarship; no need for TA. no need for RA; no need for MS; in a lot of cases, no need for even UG degree in computers/engg. The requirements ranged from having all 10 fingers in place to knowing the right people in the bodyshop company to land an assignment in the US. Once placed at a client site, it was just a matter of finding the right opportunity to get the client to sponsor your H1. I am sure there were a lot other ways the H1 & L1 visas were abused.

    So the situation changed from just procedural delays to procedural delays + extra influx of Indians due to H1/L1 visa misuse.

    Ofcourse, we can only blame the inefficiencies of the USCIS/INS/DOL system & silently turn the other way when malpractices & visa abuse were rampant (I guess still is) in the IT bodyshop industry.

    I am sure this rant will seem extremely prejudicial. But just for a slight moment; think about why all this happened.



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  • Michael chertoff
    07-12 02:03 PM
    My question:

    I left my GC sponsoring company, and joined different company on EAD. working in new company from last two months.(My I-140 was approved on 2006.)

    I did not used AC21 , because my previous company is supporting me they said they will not revoke I-140 and will give me any letter on any RFE.

    My question:

    1.Is it Ok that i will keep working on new comapny without invoking AC21 and go back to my previous employer on i-485 approval.

    2. Or in case of any RFE i will send the AC21 paperwork from new employer.

    3. Or if there is no RFE, and i get approval. then i will go back to my old employer and ask them for a letter that they are not able give me job because of there financial reason(for my records to show that i wanted to work for that employer). I will keep working with new employer without informing USCIS.

    please suggest what should i do in this situation.

    Or it is must to INVOKE AC21 for me even both companies are supporting me.

    thanks.

    MC





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  • Tito_ortiz
    03-14 12:02 PM
    Just fill out the forms and submit them. It is very easy. It took 6 months for me to get the PR in the Socialist Canada. Then it took 1 month for me I should get out of there quickly. Very low pace, not many high level employment, high taxes. I visited a friend there last weekend. In Vancouver, it rains like hell and it is depressing to me. I said, darn, why am I living here? If I am not going to have significant career advancement, I should go back home than staying here enjoying this rain. In Toronto it is cold like hell. Go there and spend a couple of weeks and see if you like it. People are usually friendly there. In the end, it depends on how bad is back home when compared to Canada. Good luck.


    Hi, I am seriously planning to start Canadian immigration after wasting 7 years of my life in chasing GC. Can anybody suggest some good lawyers/attorneies/agencies who are not money suckers like US immigration attornies ? Also, somebody mentioned that one can apply Can immigration by himself. Is there any issue with that ?
    Thanks





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  • oguinan
    02-13 11:29 AM
    I'm not sure that your numbers add up. There's no guarantee that anybody would receive a green card before their 90 or 180 day I-94 expires. Leaving the US and reentering to remain in status then runs the risk of putting immigration application in danger. In reality - PERM takes a couple of months to complete with advertising, interviewing, preparing documents and filing. The I-140/485 process takes another 6-8 months assuming that there are no RFEs and your case is processed in the faster service centers. This timescale only works for ROW applicants if they meet the EB-2 standard. This is not an easy standard to meet for many people who have worked at the same employer for a number of years.

    On a separate note, CIS is supposed to meet a standard where most green card applications are evaluated within less than a year. They claim to meet this standard by quickly approving applications whose dates are current and then not including backlogged applications in their calculations. One more example of fuzzy math at the CIS...


    to file a 485 a person has to be in non immigrant status.

    The dual intent doctrine applies if a person is on a non dual intent visa and they file a 140 or a 485 and they then try to extend their non immigrant visa. At this point it will get denied. However, as long as they dont' have to renew it (because they have a 485 filed), then they are good to go for the greencard.

    it is only an issue in trying to renew a non dual intent visa once you have showed immigrant intent. This would be a person who can't file the 485 but instead has a 140 or 130 filed for them. At this point dos/uscis would not allow them to extend the status or allow them back into the country.





    smisachu
    06-16 03:58 PM
    On the Mark:)

    I am waiting in the line as well for GC or to be sent back home and personally, I want everyone to get their GC and don't agree with dilipcr. Kind of off-topic but I made this observation:

    IMHO simsachu's reasoning is sound.

    Your example is not the same as simsachu's. simsachu assumes there are way more "bad" fish compared to the good one's in the population. Hence you need to catch more fish to come across a "good" one.

    You assume the opposite (there are very few bad fish) and hence come to the conclusion that catching more fish would net you more bad fish (but way more "good" fish as well) as well. But given your assumption, it is puzzling why you want to have lesser number of GC's (if indeed that is what you are advocating, I haven't read all the messages in the thread) when you assume there are way more "good" candidates than bad.





    Roger Binny
    08-15 08:35 AM
    Try detaining any of their top Hollywood Heroes at an Indian airport for 2 hours and see how USA media and people will react to it.

    You people have no respect for your own motherland and always think everything American is good than your own country. Learn to stand up for your motherland. Just because you want your greencard does not mean you forget your roots. Anti-Immigrants (read racists) of this country will still call you slumdogs even if you are a citizen of this country. But your own country people will never forget you and will accept you as their own even if you have lived here for 50 years.

    Learn to love your motherland.

    Excellent reply.