Monday, July 4, 2011

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  • rockstart
    02-12 12:50 PM
    Does it mean that till Oct 08 bulletin there is no point to expect anything for India EB2?





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  • neil.0505
    08-07 11:53 AM
    Details:

    *Company A has filled for my H1B Cancellation on June 20 but have visa stamped (valid till 2010).
    * Company B has filed for my H1B Transfer.(Have upgraded to Premium processing)
    * Have to enter canada on/before 4th Sept to validate canadian PR (will have to go to canada only for few days).

    Q: Can I re-enter in the US from on a VISA(Valid till 2010) from company A + Approved I-797 from company B?


    Your help will be appreciated!

    Thanks
    Neil





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  • kumarc123
    10-06 07:22 PM
    We should follow up on this. US Economy really can take advantage of our buying power. If they give us GC, people will start buying and stop sending their savings to off-shore. Also, buying each house comes with at least 50K other expenses (remodelling, furniture etc) and that will also help the economy.

    IV should follow up on this topic with Lawmaker and see if they can understand the logic here.

    I can't concur with you less, we need to send this message to American people, also immigrants in this country are the ones, who start maximum numbr of small businesses, more number of borrowing of laons from banks etc

    Lets make something happen,





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  • lordoftherings
    07-11 06:16 PM
    Guys.. can one of you please suggest a good Canadian PR processing company? I keep getting mails from cr@protechimmigration.com. Is Protech good?

    Would really appreciate a reply.

    Maple International is very good if you are in the west



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  • NKR
    02-13 02:43 PM
    The other provision of allowing 485 applications without current PDs is a bad idea in my opinion. Anyone who enters the country will be eligible for AC21 in 8 months which is about 80% of a GC. Such a provision will result in huge abuse like the L visa and/or Labor substitution.

    On the flip side, Spouses on dependent visas who had plenty of experience and who were stuck for years by not being able to work. The provision to apply for 485 applications in july was god send opportunity.





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  • sk2006
    08-17 01:16 AM
    "India to take SRK detention issue strongly with US ". This shows that the govt. of India has got no better things to do, but feels that VIP treatment to movie stars is more important than nation's security. Moreover SRK visit to US was purely personal to promote his film and has got nothing to do with govt. of India.



    Exactly.
    This part amazes me most.
    He is an actor on a personal visit and now govt of India has to intervene.

    And look at the protesters.
    There are thousands of more important issues in India and they don't bother them while detention of SRK makes them protest. Hight of stupidity.



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  • gcny2006
    05-28 11:58 PM
    Can someone tell me if this is right?

    - Total number of EB-2 visas = 40,000
    - 7% of 40,000 are allocated for India = 2,800
    - Number of EB-2 I I-485 apps pending = 30,000

    So if there is no spillover from other categories it will take north of 10 years for all the people who applied for I-485 in the July 2007 fiasco to get Green Cards. The only caveat to this would be attrition or legislation.

    WRONG

    Mr. Oppenheim has set the cutoff date for EB2 India at January 1, 2000. According to current estimates, out of the approximately 200,000 I-485 applications currently pending with USCIS, 120,000 of them are chargeable to India, with the cases divided evenly between EB2 and EB3. This means that EB2 and EB3 India applicants count for 60 percent of the I-485 cases currently pending with the USCIS.

    - Number of EB-2 I I-485 apps pending = 60,000

    so with no trickle it will be 20+ years





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  • Legal
    07-21 07:48 PM
    These Unused Family Based Visas are from 2007. These Unused Family Based Visas of 2007 would be added to the following year (2008) Employment Based Visas.

    The Unused Family Based VISAS from a perticular fiscal year made available to the Employment Based VISAS of the Follwing Fiscal Year. And the Unused EB4 and EB5 VISAS of a perticular fiscal year would be made available to the same year's
    EB1 category.


    If I understand correctly, there is no mechanism for unused EB visas to spill over to the following year's EB, but the law allows unused FB visas to spill over to the following year's EB ?!



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  • amsgc
    12-19 07:32 PM
    Guys,

    I feel that we still do not have any concrete numbers on how many of us are still waiting for the I-485 approval.

    I propose we start a campaign where each member sends a letter to an IV PO Box with information that can be tracked and verified. I do not believe that a data base of anonymous unverifiable members can be presented as credible evidence to Senators, Reps, home builders associations etc. in support of our case.

    Some information can be:
    1. Phone number - Yes, if you are serious about this, then you better be willing to provide this information. No more anonymous BS.
    2. State, County and Zip Code
    3. Current Immigration Status
    4. I-140 approved: Yes/No
    5. I-485 pending: Yes/No
    6. Number of dependents
    7. Do you own a house: Yes/No
    8. Will you consider buying a house if GC is approved? Yes/No
    9. Profession
    10. Expected 2007 year Taxes - (1) State (2) Federal

    We can add more fields if needed.

    Now, this information can be presented in a numerous ways, for example:

    1) There are X number of applicants whose Immigrant petition has been approved, have paid $$$ in taxes, have bought houses and are actively contributing to the local community.

    2) There are X number of applicants in the nation whose Immigrant petition has been approved and they are waiting for their GC to buy a house

    2) There are X number of applicants in your state, who have paid $$$ in taxes, have their GC pending, and are willing to buy a house in your county when GC is approved


    I understand that there are two challenges here:
    1) Getting people to write to IV
    2) Collecting the data. I have some thoughts on this:
    - Perhaps we can have a PO Box for each region
    - We can have the state leader, and a couple of others go through this information
    - We could have a data base where this information can then be added. Or, just have an Excel spread sheet for each state, to start with. One could write a script to read the Excel worksheets and enter the information in a Postgres like data base.


    I think data collection and organization is doable. The hard part is getting the community involved.

    Any thoughts guys?





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  • vinrobo
    07-21 02:05 PM
    When I moved to Cali about 2 yrs back from the midwest, I saw a guy at a desi store in the bay area who looked very similar to an old school friend whom I have not seen in 14 yrs. I went upto him and started talking to him asking if he was the same guy, He insulted me and avoided me like the plague. In midwest, I have not had any similar exp when I have tried stiking any conversation with a desi, so I was shocked. Then my BIL who had been living in the bay area for a while tole me about amway cons being in huge numbers and the fact that Desis do not trust anyone in the bayarea who appear friendly and the probable reason why this guy behaved the way he did. It is sad that we cannot be friendly to our own countrymen.

    sad indeed. but its not isolated to bay area.



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  • PlainSpeak
    01-13 06:56 PM
    My friend ..I care for you.

    MC
    Ahh MC you are a charming person using your charm to hit below the belt
    Now what do i do with you....

    I guess i will let this slide because i am not sure what your intentions
    If your next post are more informative maybe there would be a better reply (I know not that you care)
    Cherio





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  • perm2gc
    10-04 06:44 PM
    I just got to this site via from immigration portal.
    I have been reading a lot in the other forum and here about the ways to cure retrogression. Lobbying for more Visa's and other things that were part of the S.1932 bill are fine, however these things are not going to solve the retrogression problem even if such a bill gets passed.

    No one seems to be talking about the real problem that is Labor Substitution. Abolishing Labor Substitution will itself take care of every retrogression problem.

    The INS does not have the right tools to police the misue of this rule. This is resutling in a lot of problems for even those employees whose Labor's get substituted even if they are still working in the same company.

    Any effort to reform immigration should start with first reforming the Labor Substitution rule (if not completely abolish).
    I know that all the companies/employers and the lawyers community are against removing the Labor substitution, therefore it will never be removed, but atleast it should be reformed so that it can be better policed so that no one is able to misuse it and play with peoples lives. And in turn add to retregression.

    Following reforms are needed in Labor Substitution.

    - First thing in the Labor Substitution reform is related to the Priority date. The Priority Date for a substituted Labor should the date when the Labor is substituted (or the I-140 filing date). It should not be be the date when the Labor was originally filed. This in itself will solve 90% of the problems related to retrogression.

    - When a Labor is substituted it should be verified immediately to find if there is any I-140 or I-485 that is pending based on this Labor. If so then the Labor should be rejected immediately. Currently this is not done at the time the Labor is substituted, therefore the resulting 485 filing just amounts to add up into the backlog of Visa Number requirement, until the priority date becomes current for this 485.

    - If an employee invokes the AC21 then that Labor should not be allowed to be substituted.

    - There should be a limit to the time until which a Labor can be substituted. This could be debatable and could have other consequences, as the INS could invalidate any GC application that is been pending for more than the this duration.

    In short the Labour substitution rule is in a mess and is getting miused a lot. People are getting fooled by the employers, and ultimately its making the retrogression more worse.

    neocor


    i am aware my threads on same scenario..do we need to discuss same thing again and again..please search the forum before opening new thread...



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  • chanduv23
    08-17 12:27 PM
    People can not expect to be treated special because they are charming to some group or more. There are hell a lot of people with special talent and each and every one expecting to be treated in a special way...then there is no need for that procedure. If SRK is started crying when the common people going through the ordeal...well thats makes the difference between the real start and a moron.

    It is not about being treated special. First thing - if you do not go through unnecessary inspection "Does not mean it is special treatment" Lets get the slavery mentality out of us.

    SRK is a visitor to the country and can vouch for himself and not for everyone sitting in that room.





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  • krishmunn
    06-12 04:40 PM
    Dilip,
    First, the rant on low wages does not hold water. The employer need to pay prevailing wage which is mandated in the LCA. If some employer does not pay that, employee can (and should) complain to DOL

    Second, you mentioned that you were employed for 2 days enabling you to file 485/EAD and thus you should not be termed out of status/illegal. If a company hired you for 2 days just to allow you to file 485 with no intent to have a job ready for you in future, the company and you commited immigration fraud --- a bigger problem. Also, you cannot invoke AC21 to switch employer before 180 days after you file 485. So, it still remains a mystery how you moved out just after filing 485.

    Your favor towards Grassleys bill shows you just want to close the door. Grassleys bill, if implemented will make it very difficult for even legit employers to get H1 employee. It is a kin to almost closing H1 program out of which you benefitted.

    Also, did you ever floated such ideas when you were on H1 ?



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  • poorslumdog
    08-15 09:57 PM
    Also I expressed to take the "Global icon" tag out of the picture and focus on the system itself. Make sure you read and understand posts before rhetorical reactions.

    The system is working very well the way it was designed. As some one already pointed out blame it on osama bin laden. Not on the DHS





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  • yvjoshi100
    07-10 05:28 PM
    Hi,
    My appeal against EB2 I140 denial on Chartered Accountant degree issue was recently turned down by AAO. Can I any how contest this decision further without getting my employer involved. They are not interested in pursuing this further. Can I file any type of appeal before BAI or any other court on personal basis ?
    Thanks.



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  • PlainSpeak
    01-14 04:49 PM
    well, the people who are in eb3 and cannot do anything about it, for reasons that you quoted, i agree, it is a pity. but, you know what, "life is not fair".

    it is a good thing u worry about others, and want to help them. however, when u look at those bills you mentioned and none getting passed. yes, it may look like a waste to do anything. however, we need to keep trying. with the limited resources we have, i think we should focus on "things/bills/issues" the IMPACT most people. doing something only for eb3 or eb2, in my opinion, would be even more difficult, given the progress legal immigration has made in this country. so, may be, u cud help in getting the things done that impact more people.

    and it is ur decision not to go eb2 (even, with the resources you mentioned). have to admit, thats strange. may be u r like me, who is not obsessed with a gc. however, we live in a society, in a system (however flawed it may be), and we all try to live by those rules, try to use opportunities that are available legally and make our lives, a little better.

    i came to this country in 1999, i have a MS, PHD from a reputed Comp Sci program. Many people who (still) dont know much about Computer Sci. came into the dept, got their MS and have been very successful, making tons of money. i am a guy whose bs, ms and phd is in Comp Sci. i think u will find may 2 or 3 guz out of may 10, who have a degree in CS, particularly in the undergrad. i used to be very mad at all the electrical, mechanical etc guz getting software jobs. i used to hate almost all software professionals coz i thought i had to work very had for my ranks, on my gpa and on my degrees and see there are people who are making as much as i do, with none of that. slowly, but surely, i have come to terms that "life is not fair" and then, what if fellow human beings can get good jobs, whats wrong with that?? is how i started to see it, (as long as they are good enough).

    what i am trying to say is please think in a global scale and help solve issues which can impact the MOST number of people and not just a minority. coz, the exceptions u stated, will be there for any issue.

    Jai Hind
    well, the people who are in eb3 and cannot do anything about it, for reasons that you quoted, i agree, it is a pity. but, you know what, "life is not fair".
    Yes life is not fair but when we get a chance to be fair we (And that includes me also) let it go by.

    it is a good thing u worry about others, and want to help them. however, when u look at those bills you mentioned and none getting passed. yes, it may look like a waste to do anything. however, we need to keep trying. with the limited resources we have, i think we should focus on "things/bills/issues" the IMPACT most people. doing something only for eb3 or eb2, in my opinion, would be even more difficult, given the progress legal immigration has made in this country. so, may be, u cud help in getting the things done that impact more people.
    What i porposed was doing something in the DV bill for badly retrogressed applicants (There wil be no reference to EB3 or EB2). Now the fact that this might help EB3 is because EB3 is the most badly retrogressed section.


    and it is ur decision not to go eb2 (even, with the resources you mentioned). have to admit, thats strange. may be u r like me, who is not obsessed with a gc. however, we live in a society, in a system (however flawed it may be), and we all try to live by those rules, try to use opportunities that are available legally and make our lives, a little better.
    You know what i was tempted to do EB2 but my sense of right and wrong prevented me. My mess up the already loaded and unstable system with another app when i already have one. Now for persons who are in EB3 (Please remove me from the equation) are thier not because they wanted to but because of the way thei whole immigration crap has evolved. Sure porting will help me out and i wil not need to justify this to anyone else but i will have to face myself. I know most people do not get it. It is doing right.

    i came to this country in 1999, i have a MS, PHD from a reputed Comp Sci program. Many people who (still) dont know much about Computer Sci. came into the dept, got their MS and have been very successful, making tons of money. i am a guy whose bs, ms and phd is in Comp Sci. i think u will find may 2 or 3 guz out of may 10, who have a degree in CS, particularly in the undergrad. i used to be very mad at all the electrical, mechanical etc guz getting software jobs. i used to hate almost all software professionals coz i thought i had to work very had for my ranks, on my gpa and on my degrees and see there are people who are making as much as i do, with none of that. slowly, but surely, i have come to terms that "life is not fair" and then, what if fellow human beings can get good jobs, whats wrong with that?? is how i started to see it, (as long as they are good enough).
    No comments there i agree with you

    what i am trying to say is please think in a global scale and help solve issues which can impact the MOST number of people and not just a minority. coz, the exceptions u stated, will be there for any issue.
    Global scale. I thought we were on scale of US. Please let me correct you EB3 is not a minority but a Majority in the EB community. just because a situation is not worth helping is not any reason to not step forward. I personally feel that IV can do something which will help EB3 because that i sthe only category which has no help from anyone. As for EB2 i have no grudges against them . You got your GC or will get it soon and all the best of luck to you, but if something can be done for EB3 it should be

    Jai Hind





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  • amitga
    02-15 02:39 PM
    The counter argument to this statement is that when I was hired I was told that it would take 2-3 years to get the Green Card and then you can live in this country. I made certain investments, commitments in this country based on this fact. Now either I stay here as slave or loose on all those things that I did thinking that I will stay in this country forever or for next 10-15 yrs. Some of the problems that tied me to this country are :
    1) Buying a house
    2) Child education : Child cannot go back to home country and countinue education due to language of instruction.
    3) Immovable Investments like 401K and not investing in my own country e.g. PF in India.
    4) Making life insurances. I am too old to take a new life insurance as the premium will be too high and I cannot afford to pay my current life insurance as US as it would be difficult to them with my earnings in the home country.

    And the list can go on and on. There are the things that habe tied me and I am no longer free to leave. If would have know earlier that the GC will take 10 years I would have not bought a house, left US before my kid started school, might have took a life insurance in home country etc. In fact same argument prevails that why were the dates made current last July. That send a wrong message and people made more investments.

    Your above statement is true, but it doesn't apply to EB situation. A slave is not allowed to leave, you are allowed to leave time, at your free will. Its just that you chose not to leave. The correct description of the situation is - you are imposing slavery upon yourself and asking for remedy from the government. Isn't that correct? Jazzy is simply saying that you can leave if you don't like it. So you are not a slave. Its that simple.



    Laws are pretty clear, its just that we are stuck in the process created by those laws and we want to call it "slavery".

    This debate will have a conclusive output if we think from our mind instead from our heart. No point in getting emotional about the situation, this debate needs pragmatic thinking and discussion about the possible lawsuit.

    Slavery is not a valid argument so no point in mentioning it. Also, whether of not we have a cause depends on the law and not on the logic or the emotional aspect of the debate.





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  • lotsofspace
    12-14 03:44 PM
    The American political system is stands on three pillars; Judiciary, Legislative (Congress), and Executive (President). They have checks and balance on each others. Congress enact bills, president can veto or pass it. Supreme Court is evaluating this passed bill whether it violate the constitute? If it violate the constitute, Supreme Court can be overruled that bill at any time (even if it was passed by Congress and the President).

    Constitute says Non-discrimination based on race, sex, country of origin etc. If some one prove in supreme court that per-country quota for Employment based and Family based immigration is violating the constitutional right, Supreme court can overrule this law of per-country quota. It is worth to take advise of expert attorney.

    This is my 2 cents !!

    BTW , Where is the fourth pillar? :)





    chanduv23
    07-04 08:50 AM
    Chanduv thanks for your efforts. A correction: retrogression started in fall of 2004

    I picked this from another post here in IV. Maybe we must have a sticky template so that everyone uses that template.





    vivid_bharti
    04-20 08:05 PM
    Several Websites(Not RSS/VHP) says Christians are 6% now, Muslims are certainly more than 17-18% as millions of Bangladeshi Infiltirators are unaccounted. It is very evident from the fact as Muslim Votes are the deciding factor in the almost most areas of NorthEast, UP, Bihar & West Bengal and that is the only reason, Samajwadi Party & Congress start the Babri Maszid rhetoric just before elections. As most of the posts I see here problem most people have with congress is their Defacto presidentship to the Nehru Dynasty, without counting their contribution to the country. Corruption in media to cover the family from day to night without holding them responsible for all the mess they have created for India in last 60 years. I would have had no problem with Manmohan Singh if he had ruled our country independently, if "Rahul Gandhi" and "Priyanka Gandhi" & "Sonia Gandhi" had to look into the mirror before endorsing him..They completely made a mockery of our democracy by putting puppets in PM's Office, President's office, CEC, CBI and what not. I wish It was Narsimha Rao or a Self Respectful leader who could stand tall infront of the dynasty, but Manmohan Singh sold himself... A quick fact check : Muslims are about 13.5% and christians are about 2% of india's population. So instead of 30% of india belonging to these two groups per your numbers, it is actually closer to 15%. Right wing extremists group use these exagerrated numbers to drive more gullible people into their communal parties. But you get those numbers from VHP/RSS. Check it tomorrow and it could be close to 40% !

    It is religious freedom, not religious conversion. And thanks for enlightening us about the global plan to decimate indians by racking up numbers on their side. Are all of the indians coming to US have a similar plan because I am not aware of it.

    Spreading fear and hatred using lies and stoking communal feeling to get votes is nothing new. Seeing educated people do it with such fervour is new.



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