Monday, July 4, 2011

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  • justin150377
    07-27 06:15 PM
    I am in my sixth year on an H1-B expiring Sept 13, 2008 also noted on I-94. My attorney will be applying for an H1 extension based on an approved I-140 and pending I-485. They are also applying for EAD and AP renewal (expiring Oct 2nd, 2008). I am currently in EB3 Worldwide with a PD of Oct 2, 2006. I will need to travel outside the country on Oct 2nd. My H1-B will be pending before but not approved by Sept 13th. Can I still re-enter on a pending H1 extension or will I have to switch to EAD/AP assuming those are approved before my Oct 2nd travel date? Thank you for your time.





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  • snthampi
    07-30 01:11 PM
    Met this dude once in a grocery store, he and his hot wife gave me the amway speil. I said listen buddy give me a time to visit your house and number. I called him and we played phone tag, one day I called and his wife picked up, i ASKED IF i could come, she was hesitant and said he was out of state for a conference but I convinced her that it's ok. When I arrived I brought a bottle of wine and then she was all over me in 5 mins. Sigh what a wonderful time....

    Sounds like a fake story???? Or may be true. But is very very funny :D





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  • GCard_Dream
    10-19 12:18 AM
    Nope. You have to be in Canada physically 2 years out of the 5 years.

    I'm not looking for a citizenship but I gotto live here and almost getting Canada PR. If this is the case, anyway I'll lose the PR 5 years later since I couldn't stand there 2 years long in 5 years.
    Please advise.





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  • vdlrao
    07-25 11:46 AM
    vdlrao i really appreciate you analysis and confidence on feature of EB2..can i know your category and nationality?:D

    Mine is EB2 India. I have a confidence on EB3 India as well but it takes about 2 years.



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  • sumagiri
    10-07 04:47 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

    Sachug, it is a great attempt to compare the quarterly and annual spill overs. I made rough calculations couple of weeks ago with annual spill over. However, I assumed around 25K ROW visas(both pending and new) for EB2. And assumed only aroudn 125K for AOS keeping 15K for CP. I will compile all of my assumptions and post here. Overall, my calcs estimated EB2 move to Dec 2006. By the way, I hope you took China in to consideration for spill over.





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  • sanju
    02-15 11:29 AM
    This country is against slavery of mankind in any form ( atleast that is what they preach to the rest of the world).

    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.

    Knowingly or unknowingly they have setup laws which virtually make us slaves.

    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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  • GCkiTaisi
    05-01 05:42 PM
    I am an Indian Tamil and firmly believe that both LTTE and Lankan Army are at fault here. LTTE's tactics have always been to use human cover and the Lankans are guilty of using heavy artillery on civilians. In fact not all the civilians are innocent, some of them are LTTE proponents who prefer to stick with them till their last breath to further promote what is called as Lankan atrocities to the world.

    I totally support the Tamil Ealam cause, but the method LTTE has taken would have never gotten them there at the first place. As a country, India should have been a bit more proactive and involved than just supplying arms to the Lankans (which was anyways done to prevent the Lankans from going to the Pakistan or China). So the Indians are just watching the tamasha -- and it is really unfortunate.

    How does it bother the Tamilians of India? They are crossed between supporting for Tamil Ealam, death of innocent Tamilians and assassination of Rajiv Gandhi and this leads to mixed feelings. Ideally I would want to see Prabhakaran hanged and Srilankan Tamilians meeting their 3 decade old goals.





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  • vivid_bharti
    04-20 09:47 PM
    You want the people to be stuck in the black hole for another 5 years ? Here are some facts about Mr. Manmohan Singh....
    1) Three of his Cabinet ministers belonging to DMK/NCP/PMK after travelling abroad --including to Tax Havens refused to give reports of their foreign trips to PMO. PMO Could not /did not do anything

    2) The HRD minster Arjun singh did not attend any Cabinet meetings under Singh --the mumbling PM could not /did not even ask for an explanation.

    3) He was forced to give pensions for Marxists Terrorists of Telengana who fought against the Indian state in 1948 -under freedom fighters category . He did not have guts to point out that you cannot give such pensions to those who fought the Indian army

    4) He donated nearly Rs.60 Crores to Cambridge[ to celebrate the admission of Nehru] and Harvard [ Perhaps to reduce the Stock Market losses! of their funds] when Indian institutions are crying for funds. He fumbled when he was "instructed" by number 10.

    5) He Promised a Terror Law in a Governor's Conference to be over ruled by his own Party's Spokesperson who got instructions from number 10

    6) DMK Chief announced the new Cabinet Minister [ Raja] for Tele communication from Chennai—instead of PMO announcing the new Cabinet Minster.

    7) As a Finance Minister in 1991 --his first task was to grant Rs.100 Crores for Rajiv Foundation and was over ruled by PVN after a hue and cry.The same obeisance he showed as PM to number 10.

    8) He's plainly & cunningly refusing to contest election, simply seeking backdoor entry to the PMO, thru the puupet string from number 10

    9) Plainly refused to debate with LK Advani, reason ?? Don't have a single credit to talk about.

    Also in case you haven't visited India in last 5 years and don't know the ground realities and all our knowledge is based on Indian media(NDTV, IBN, Hindustan times) , here's a clip from CAG report which will tell you how poor this govt's performance was

    " CAG report on NREGA has said that out of the 3.81 crore rural households that registered under the scheme, only 22 lakh households — a mere 6% — got 100 days of legally guaranteed employment; project completion rate in National Highways fell from 81% in 2004-05 to 17% in 2007-2008; the 11th Plan had set a target of adding 90,700 MW of power; yet in its first seven quarters, a mere 10,877 MW has been added; and leakages continue unabated and unchecked in PDS. Given the Manmohan Singh government’s well-earned reputation for weakness on these issues, convincing the electorate will be no mean task."

    you can read the whole article at

    http://economictimes.indiatimes.com/Opinion/Comments--Analysis/Fall-of-the-holy-trinity-MMS-PC-Montek/articleshow/4316378.cms?curpg=1



    If you have more please add here.........
    should be ' NO CHANGE'

    i.e. continue with what we had for the past 5 years

    India deserves nothing but the best and so there should be 'No Change' in leadership



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  • illusions
    05-11 04:34 PM
    Kodi,

    From the bottom of your heart can you tell the forum that there was no discrimination against Tamils in Sri Lanka after its independence from Great Britain.

    venetian, you could say that the Tamils in SL were just as a much discriminated in SL as the Muslims in India.

    There is no such Genocide happening in SL as some claim. As a matter of fact the LTTE ethnically cleansed the Muslims from the NE of the country in the 90's, yet the Muslims in SL didn't bare arms against the LTTE.

    Mind you the civil war in SL is against the LTTE, not the Tamils.





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  • she81
    07-03 06:44 PM
    Dugg both.



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  • cygent
    12-19 07:11 PM
    Thanks Cygent for posting it ...I guess there is some hope after all .. ..

    Yes, there always will be, Thanks albertpinto. To quote Shawshank Redemption - Andy Dufresne: [in letter to Red] "Remember Red, hope is a good thing, maybe the best of things, and no good thing ever dies."

    Good Weekend Everybody!





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  • pappu
    06-15 12:35 PM
    I believe in luck in the GC process. Before 2005 PERM process, many folks applied in states where Labor was fast. They were able to get greencards within a couple of years while others were stuck in Labor Backlog centers (http://immigrationvoice.org/index.php?option=com_content&task=view&id=67&Itemid=50). Some cleared all hurdles and got stuck in namechecks for years. Until 2007 Namecheck was a big scare. (http://immigrationvoice.org/index.php?option=com_content&task=view&id=81&Itemid=61)

    Many people could not file in July 07 for various reasons. Some people were born in India but were brought up in other country. Even they are stuck. Some people decided to rise in their careers and changed jobs on H1. While they did rise, but lost in the grreencard PD race.

    So definitely luck pays its role.



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  • weasley
    08-16 06:31 PM
    SK2006 and snathan:

    I do not agree.

    First, there is no "profiling" in India. Everyone gets frisked and security at airports in India is top class.

    Rules are rules, provided they apply equally to americans and Indians. otherwise its profiling or discrimination.

    In 2000 December, I was travelling to Sydney from Mumbai Airport. I was held and later interviewed separately by a Tamil Speaking officer. Just because my name resembled like Srilankan Tamil. They wanted to ensure that I am not LTTE/or refugee travelling to Australia. Well, I was not offended. I just thought if these idiots have been careful before then would have avoided assasination of Rajiv Gandhi.





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  • san_visa
    08-03 02:13 PM
    I have applied (I-140) EB3 :mad: in May 06 using substitution. My case is not through yet...waiting for approval.
    My lawyer did a typo :mad: filed me under Manager/Executive category [EB3] and received notification from USCIS requesting additional evidence. The lawyer responded to the RFE.

    Hopefully my case will be processed in August 06 !
    I should receive response anytime soon I will keep you posted.

    Thanks,
    San



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  • desi3933
    07-13 11:19 AM
    I know people who got their GC in 7 months from the date they filed PERM. and then there are many people getting GCs every month. There are both good stories and bad stories to tell about getting GC in US.

    There were times when H1 quota never reached the limit during the whole fiscal year, now they get used in just 2 days. This mess in GC process is a result mainly due to our own actions (temporary workers and consulting companies hiring temporary workers). Do you think majority of us once we get GC, stay with the consulting company that filed for our GC? When a consulting company files for PERM, they already have a foreign national working under H-1B in that position. So where is the real intent to hire an American when some foreigner is already working at that position?

    This employment based GC is a way for us foreigners to immigrate to US easily at one point. Now due to our extreme usage and abuse of this process, there are genuine people who are being sponsored to immigrate to US are also suffering. In a true employment GC scenario, the company should be desperate to keep you for a long time (more than 6 years after H-1B is maxed) for your valuable skills that they were unable to find in others. But in most GC cases, looks like we temporary workers are more desperate than our employers for the GC? aren't we? Do you see any companies sweating on how to retain you with them, because you H-1B is expiring and they have no way to keep you?

    Do not put all the blame on US immigration system, the majority of the blame should fall on us and the companies who are helping us to get GCs when our cases are not based on genuine sponsors.

    Just speak for yourself, Mr. Hathi Ghora.





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  • a1b2c3
    01-14 12:48 PM
    Check what they are paying. I know a company which charges $110-$130 ph to the client and payes around $30K for the employee in L1. Is it good business practice...? Not only desi consulting cos...these a$$ also the reason we are in this mess today. Just imagine when the antis comes to know that 30K pa salary....

    V true.

    Folks, the memo clearly empowers USCIS to crack down on consulting firms which don't have any in-house infrastructure (other than contractors) to execute projects.
    H1B is misused for a long time now by these firms and it was high time they put the screws on these "job shops" as they call it. Unfortunately some talented workers will get impacted.
    But if they are talented they will find opportunities elsewhere. Trust me on that. And better opportunities.

    Nathan is exactly right. These firms have created a mess by bending rules everywhere.

    Don't start speculating that USCIS is trying to throw out all immigrants from this country. I'm surprised that folks don't take a proper view of the situation (yeah..bring the reds on and call me an anti-immigrant).



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  • satyasaich
    03-19 03:06 PM
    For the record, when i left one of the Big 5, they still answered for 45 day letter, LC was approved, used for someone else (in Feb/07) who is in need.
    How do i know? it's very simple. There were 63 LCs pending in Philadephia BEC, which are EB2s with a priority dates in Jan / Feb2002. Some of my colleagues who were with the same company already filed 140+485 last month.
    Since this is a public forum, i can not give the name of the company
    My company cancelled my labor process the day I resigned, tell me which big reputed company responded to a 45 day letter even when the candidate was not working with them, so that leaves us with companies like Cybersoft who filed multiple I-140 on one labor approval or there are people who are running parallel processes just to be safe and they are buying the sub. labor,so now even if the companies intention's are good,filling I-140 multiple times creates backlog in the service centers and then it is up to your fate if your file is picked up in the numerical order, in concurrent filling it was a race who got the the GC first the original beneficiary or the person who paid price for the same labor. Who are the people opposing substitution ban or the 45 day rule if you find them you will get your answers.





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  • breddy2000
    09-04 12:45 PM
    so now you are a free loader and got a reason for that. Nice try. Try something else..it didnt work out. :cool:

    No point in agruing with fools like you.....





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  • poorslumdog
    05-02 11:30 PM
    What a massacre of history! LTTE has killed anyone who has opposed them. They killed Tamils who joined the govt. They killed Tamils who opposed them. they killed Sri Lankan Tamils, they killed Indian Tamils. They have believed in terror at every point of history. It is a terrorist organisation. I believe a lot of Tamils got killed ar Sriperambudar in the rally Rajiv was killed. Sonia on her part appealed for clemency to one of the accused who was sentenced to be hanged because she had a small child. Your passion and facts are getting mixed up here.

    You Moron...open your Freaking eyes and read all the posts here. No one is supporting the LTTE. Why do you deviate from the topic again and again. We are talking about the civilians getting killed...but your freaking mind things and talks only about LTTE.





    kuhelica2000
    02-12 08:21 PM
    Per country limit applies to every country in exactly the same way. It doesn't discriminate between Chad or China. So, how is it discrimination? And think about it- in Olympics soccer/basketball every country can send only one team. Should China and India be allowed to send more teams since they have a larger population? We should try to increase the number of GCs.

    No matter which side you are on, the quota system sucks. Period.

    1) Once you start receiving benefits out of being born in a particular country/ race/ sex/ religion, a notion of "entitlement" quickly builds up within you. This adversely affects your ability to perform, for you just don't have to work hard enough!
    2) If you are punished for being born in a particular country/ race/ sex/ religion, you have no incentive to perform, as you won't get what you deserve no matter how hard you work!

    How about this... during every Olympics, most number of Gold Medals are won by Americans. Now imagine a rule that prevents more than 7% of all Gold Medals going to people born in any one country. How does that sound?

    I will myself hate it if athletes from India (who haven't won anything in the Olympics till date) started winning gold medals simply because other countries cannot receive more than 7%!

    Of course, removing country caps will face opposition, but it should still happen, just because it is the right thing!





    vdlrao
    07-31 05:58 PM
    http://www.immigration-information.com/forums/showthread.php?t=5766

    posted 07-24 09:59 AM

    Ron Gotcher has some thoughts on India E2 movement over the next two months.

    More and more, I see people posting messages containing the unspoken assumption that since the Indian E2 cutoff date has moved forward, it is likely to move forward further in the coming months. This is a false hope.

    Even with a cutoff date in early 2003, the CIS has sufficient inventory of Indian E2 adjustments on file to use up the remaining inventory of E2 visas for this fiscal year. The reason that the Visa Office advanced the priority date is to move it up to the point where overseas consular posts can take up the slack left by the CIS's inability to close out enough cases and avoid wasting visas this year.

    The CIS inventory of pending cases is massive. If there were no quota at all - if everyone were suddenly "current" - and no new cases were filed after today, it would still take the CIS four to five years to close out all of the pending cases that they already have in their inventory.

    Overseas consular posts maintain inventories of cases as well. When the priority date for a particular case starts to edge forward and it appears that the applicant may become "current' in the not too distant future, the applicant is told to submit all required supporting documents to the post or the NVC. When this is done, the applicant is reported to the Visa Office as being "documentarily qualified." This means that the case is in a position where an immigrant visa can be issued to the applicant as soon as a visa number becomes available.

    The inventory of documentarily qualified cases with current priority dates at a consular post never exceeds that post's ability to process all such cases within sixty days. Consular posts have very high bandwidth processing capabilities. No matter how many cases become current, they are able to process all of them within sixty days.

    The reason that the Indian E2 cutoff date has moved forward is that the Visa Office fears that the CIS will not be able to adjudicate enough adjustment of status applications to exhaust the annual quota. They have advanced the cutoff date in order to make more cases overseas eligible for final processing.

    This means that overseas consular posts have exhausted their inventories of Indian E2 cases with priority dates earlier than 2006 and the Visa Office had to move the cutoff date forward in order to make more cases eligible to be closed out.

    This does not mean that the CIS has closed out all of the pre-2006 cases pending in their inventory. Far from it. When the new fiscal year starts, Indian E2 is likely to retrogress back to late 2002 or early 2003. This is roughly the point reached by the CIS in processing their inventory of pending cases.

    Please understand that this is a temporary phenomenon and due entirely to the difference in the processing capabilities of the CIS and the overseas consular posts.

    I hope this clarifies matters.

    Ron Gotcher

    I dont agree with his post except that "EB2 will retrogress in the coming months". EB2 may retrogress in the coming bulletins as part of the adjustment of demand VS available visa numbers. But the retrogression will be very mild and it would be there very short span of time. After that the cut off date will run like to catch up the current. In Ron's post he has no where mentioned about the horizontal spill overs. May be he might have been talking with DOS officials once in a while. But he is not predicting the EB2 movement properly on a whole.

    And besides that our core team has started a call campaign on HR5882 bill. Please participate in that. We have a dedicated IV core team for our Immigration Issues. If this bill passes it will give a great relief for our EB3 friends who are already waiting for years. Hope this bill will pass.



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