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  • samay
    07-15 05:19 PM
    Hi there,

    Here is my situation, any help to resolve this is appreciated.
    - My self (primary) & my wife's(derivative) I-485's (PD June 2002) were filed in March 2007.
    - My I-485 was approved in July 2007, my wife's was pending due to NC.
    - My wife's employer filed PERM (PD June 2007) & then filed I-140 in March 2008.
    - We recently contacted NSC regarding my wife's case status, we received a letter from them stating that, her I485 is waiting for I-140 to get approved.

    They linked her new I-140 to her pending I-485 that was filed as derivative.Is this USCIS error?.How to correct this error and have them consider her I-485 application as a derivative application?.

    Thanks for your help.

    [COLOR="Blue"]Your attorney should get in touch with the USCIS.This situation can be sorted out with informing the USCIS. In case you require any assistance please get in touch with me.





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  • alterego
    02-13 10:56 PM
    I doubt we can see a visa number increase until the CIR bus comes around again. It is anyones guess when that will be.

    I think the only things that might stand a chance is visa recapture. If there are even 150-200K visas recaptured, this will tremendously improve retrogression for up to 2 years. Pressure is building on legislators from both employers and state gov't putting up arbitrary rules which are splitting communities. The enforcement approach taken by gov't is also giving pause for thought to some moderates on this issue. McCains ascension to republican nominee will serve to cool the temperature on this issue during the election season. Hopefully they can do something transitional in the interim which includes visa recapture.
    After now 3 yrs of heavy retrogression, this is getting really bad.





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  • venetian
    07-29 04:46 PM
    I agree with some earlier posts that CP numbers might be low from retrogressed countries, many of my friends and acquaintances from India had dropped the plan for CP route because unlike 485, they cannot file for EAD for their spouses.

    With so much uncertainty in EB GC processing, it is understandable that many would have filed filed 485 to get its benefits like EAD etc. So bottom-line is numbers for CP processing will be considerably low when compared with AOS.





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  • a.j.2048
    03-27 01:04 PM
    I suspect there will be better leaders from the generation born after 1947. The next rung of leadership like Mayawati, Modi, Nitish Kumar, Shivraj Chauhan are all born after independence.



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  • Jimi_Hendrix
    10-04 09:37 AM
    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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  • smuggymba
    07-21 07:00 PM
    A guy approached me in Walmart (he had nothing in his cart) and said - are you from india? Where do you work? Where do u live? What's you fone number.......all this happened in a matter of 2 mins. We has just moved to a new city and thought he is a nice guy and gave our phone number.............BIG MISTAKE....got a fone call 3 days later to talk about a business plan............OMG...worst hr of my life.

    Then I met one couple in their 40s in IKEA and they said - I've see you before....it immediately struck to me and I said - Are you from quickstar............ROFL.

    These ppl are a pain. Avoid Amway/Quixtar and any pyramid ponzi scheme.

    People like these give desis a bad name. Ignore them.



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  • sukhwinderd
    05-25 12:07 PM
    http://www.notcanada.com/

    you are much better of in india if you cant get GC in the US.





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  • chanduv23
    02-13 11:50 AM
    We have three now and atleast 8 who supported this issue on the thread

    I would be the happiest person seeing this :)

    Lets add a poll - we want honest takers on this poll.

    Thread starter - please post a poll



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  • mbawa2574
    02-15 04:38 PM
    Employers hire only based on talent, ROW people must have less marketable skills or not want to leave their countries and we need to teach the US on capitalist principles.
    You are absolutely right, you didn't miss my point, you completely lost touch with reality.
    People who keep asking that we just stop the discussion, tell me how we can focus on the issues with people telling us there r more of them here because they are smarter and more marketable. Is this their idea of how to bring us together?

    I will say we are one. We can a fair system which allows skills to be a deciding cretaria for EB immigration not the country of origin. If you ask me I will say there should be no cap on total number of EB Immg. visas and no country of birth cap. You want equality so stop supporting discrimination first.





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  • chanduv23
    02-13 02:06 PM
    But we also have members making $30K fundraising effort successful in 7 days! Hence I believe if the IV core decides to explore the possibility of a lawsuit, we can raise enough money to hire an attorney for that.

    there is a saying "if it takes 180 days for a immigrant to screw a light bulb" does not mean that "180 immigrants can screw the light bulb in 1 day".

    we have thresholds and we need more active participation. These campaigns are refreshers, we are gathering more dedicated vollunteers, we want to see more people coming forward and help us.

    30k in 7 days is a good positive way and we want to see this getting better, what I mean is

    30K in 7 days must lead to -> 100k in 20 days must lead to -500k in 2 months - if this is a pattern - then yes we can think of big things. The community must also be ready to face any failure and take it with a pinch of salt? Are we ready for it yet?

    I want the answer from the people because I do not want to sound negative :)



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  • sachug22
    09-24 03:32 PM
    I know you are talking about "7% country speciific limit for primary applicants" and "2% country specific dependent limit" So actually it is 9% limit - country specific together.

    But question is " what is the meaning of it?"

    The tables what are published in bulletin are meant for "Visa number availability".

    So numbers (28.6% divided by 5 per each preference-country) are meant for USCIS to process and assign visa numbers till that limit reached.

    "7% + 2%" country specific limit is meant for "Sending Greencard /Ordering Greencard".

    In simplest form, EB-I will have 8008 X 3 (Without spilied over) = 24024 applications assigned Visa number this year and out of that ( 9% X 140000 = 12600) lucky ones will get their physical green cards THIS YEAR. The rest will get their physical green cards next year though their files have been assigned numbers (Pre-adjudicated.) this year.

    Above mentioned explanation is the real meaning of this bullshit.

    I think I have tried my best to explain the process.:)

    Not sure what you are talking about. There are two rules as follows

    28.8% EB visas for each category EB1/EB2/EB3 and 6.8% for EB4/EB5
    7% limit for each country in EB category (India will get 9800 visa in all EB1-5 categories)

    To enforce the limit each EB subcategory (EB1/EB2/EB3/EB4/EB5) enforces country cap, no more than 2822 visa for India in EB1/EB2/EB3 categories.

    The limit can be extended when there are leftover visas (this is what has extended the limit for EB1/EB2/EB3 India for last few years).





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  • binadh
    07-11 12:45 PM
    BharatPremi,

    Same applies to you.. If you are so crazy about Bharat, what are you doing here.... HEHEHE. Just thought that it was kinda funny statement because of your name....BharatPremi --- :D

    Chanduv23,

    Even that Angelina seemed to be crazy about USA. If S/he would be happy about everything in Canada why the hell s/he even visit immigration related boards meant for USA?



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  • rajsenthil
    09-04 11:52 AM
    -TrueFactsis an IV insider. Otherwise how he know the real name of the person.

    Now this is turning out interesting. I checked "vadicherla" profile and could not see his full name "Jayapaul Reddy Vadicherla".

    So it proves that "-TrueFacts" is an insider. A very cunning insider indeed.
    Shame on you _TrueFacts.

    IV and other insider, can you reveal the true identity of this insider?





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  • paskal
    12-13 12:00 PM
    --I think, per country quota system was framed with diversification as underlying principle, not discrimination.

    Depending on which country you are from, it may seem like discrimination or fair system upholding diversity.

    If you are from India, you would hate it. There are truckloads of programmers in that country. But if you are the only graduate with programming skills from a country like timbaktoo (?), you would love it. You also got a shot at american dream.

    This EB quota system reminds me of Caste reservation system in India. To some that is fair, to others, it is unfair. Depends on which side of the fence you are.



    if you read the history of immigration this country you will see that such measures are typically taken with restriction in mind not diversity. Diversity is the nice sounding cloak. there is a definite fear that FB will bring in many mexican migrants ( "chain migration") and the country quota holds that back imho. you think it's because of indian programmers? it was made long before those existed. remember we are a minuscule number- don't feel so important- the programmers are about 2% of all immigrants. 11% is all EB, half are families, half again are techies- not all those are programmers. do the math.

    also remember that 50,000 Gc are given a year by lottery for "diversity". as a result more bangladeshis get Gc in a year than indians on EB. so why do we need the country quota in EB again?

    to the person bringing up caste system and fences, here is my proposal.
    i am a physician, i am being held behind hoardes of techies who can easily have PD's much before mine since i am training and working longer and the J1 holds me back. 12 years here and no where in the line...so i should get a fast track too. let's have a cap for the techies...hey it looks great from my side of the fence...i'm sure you will agree that i should be pushed up the line.

    either it's wrong or right. the caste system is wrong, from every side of the fence. it may benefit some and hurt others. but it's wrong, wrong and wrong.
    same for this country quota. sure it helps some, and looks good from "their side of the fence". that does not change the fact that it is wrong.

    none of this is an argument for a legal approach. just responding to stuff here. the "colonizing" comment was really something. have the author been visiting FAIR??



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  • Keeme
    04-16 12:50 PM
    Ultimately everything boils down to corruption. Huge money is going down in the pockets of big media houses, it is so damn obvious...Hindustan times, IBN & NDTV carried pictures of Priyanka Gandhi's children for 3 days on the front page, I never saw pictures or anything on Chandrababu Naidu, Yedirappa, Badal, Gehlot, Shivraj Chauhan or for that reason anybody....these kids are more important than our grassroot leaders ? The family is talking about "Rahul kee Shaadee" and the whole media is printing that, nobody's asking them where were you and what you did in last 5 years ???

    www.theatlantic.com/doc/200904/india-modi - Intresting article on Narendra Modi.





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  • snathan
    01-13 06:12 PM
    Interesting. I think there would probably be around maybe half a million or so H1Bs currently in the US, probably more , working in the IT industry. Many if not most would work for these consulting companies; ranging from the large one's like Accenture or TCS to the grocery store offices in NJ. All of them have the potential to be affected if this memo is strictly enforced.

    While I would be glad if all the shady consultancy firms that have wrecked the H1B program to be put out of business; there might be serious disruptions in the IT industry if hundreds of thousands of workers are going to be forced out; even if in a phased manner; i.e. letting folks stay till their current visas expire.

    Consulting companies are just the tip of the ice burg. They should really target infy, wipro, TCS like companies. They are the one truly exploiting the sytem to the fullest. They do not sponsor GC, do not pay the good salary or any benefit to the employee. I also dont see the share holders are rewared. God knows where all the profits are going. (which holes are getting filled)?



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  • smuggymba
    08-02 09:52 AM
    Guys! This is getting interesting. Guess what I found!! Now you can find out the names of your local friendly Amway Independent Business owners!!!

    Go to https://www.amway.com/Shop/Registration/CustomerRegistration.aspx?Country=US

    Scroll down to the section titled "Benefits of Being Affiliated with an Independent Business Owner", select "Show me a list of IBOs in my area that I can select from".... put your zip code and voila!!!!

    I put my own zipcode 94536, and most of the names are desi. Confirms my suspicion that there are more desi's sucked into this than........

    Now post what you find in your area!

    Totally coincidental but all of IBO's in my zip code are Chinese. I know 2-3 desis myself who approached me in walmart and ikea.





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  • meg_z
    02-19 11:41 AM
    I think we can make some very credible and good arguments for ourselves.

    a) The changing demographics require an increased level of immigration. It is upto this country to decide if it wants semi-skilled immigrants (Indian cooks and gardeners) and their siblings/parents, or high-skilled immigrants.



    Just read this in the morning.

    The Center for Immigration Studies (CIS) estimates that in 2002 illegal alien households imposed costs of $26 billion on the federal government and paid $16 billion in federal taxes, creating an annual net fiscal deficit of $10.4 billion at the federal level, or $2,700 per household.

    Among the largest costs, were Medicaid ($2.5 billion); treatment for the uninsured ($2.2 billion); food assistance programs such as food stamps, WIC, and free school lunches ($1.9 billion); the federal prison/court systems ($1.6 billion); and federal aid to schools ($1.4 billion).

    If illegal aliens were legalized and began to pay taxes and use services like households headed by legal immigrants with the same education levels, CIS estimates the annual net fiscal deficit would increase to $29 billion, or $7,700, per household.

    The primary reason illegal aliens create a fiscal deficit is that an estimated 60 percent lack a high school degree and another 20 percent have no education beyond high school. The fiscal drain is not due to their legal status or unwillingness to work.

    Illegal alines with little education are a significant fiscal drain, but less-educated immigrants who are legal residents are a much larger fiscal problem because they are eligible for many more programs.

    Many of the costs associated with illegal aliens are due to their US-born children who have American citizenship. Thus, barring illegal aliens themselves from federal programs will have little impact on costs.

    Focusing just on Social Security and Medicare, CIS estimates that illegal households create a combined net benefit for these two programs in excess of $7 billion a year. However, they create a net deficit of $17 billion in the rest of the budget, for a total net federal cost of $10 billion.

    http://www.immigrationwatchcanada.org/index.php?module=pagemaster&PAGE_user_op=view_page&PAGE_id=697





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  • vikki76
    01-13 06:02 PM
    That seems to be the intention here..





    justAnotherFile
    06-27 10:15 PM
    My 2 cents.
    USCIS does not control the PD dates, State dept does. The state dept will change the PD's to when it runs out of visas to provide USCIS.
    Case 1: Assume USCIS and State dept are in close touch over the currently approvable I-485s which can consume visas starting July 1

    If USCIS has 40K such approvable apps, then the State Dept (being in close coordination with USCIS abt numbers) would have just moved the dates to Nov 2005 for EB-2 India the date when it retrogressed and similarly to the date when EB-3 retrogression first happened for India.

    The fact that they did not do this means they do not have the sufficient numbers of approvable ones. Now the new ones filed in June or July will not become approvable until at least 90 days. So if they are hoping that some of the "new" 485 petitions filed in June/July will be straightforward enuf to approve in 4 months, they have to keep dates at current at least until July end.

    Case 2: USCIS and State dept are not coordinating "closely" over the approvable numbers

    This means the State dept arbitrarily changed the dates to Current instead of consulting with USCIS that they have 40K approvable petitions. And why woudl they in that case make the numbers unavailable in mid-july in that case?

    Lastly even if the numbers can become Unavailable it has to be announced by State Dept. So worst case scenario it can become "U" in July 11-15, which makes the claim by Matthew-OH that it can become unavailable in July first week itself ridiculous.





    bazuka6
    09-23 10:18 AM
    As completely unrelated these two issues are (from a law maker's perspective) on a normal day, these are possibly those times when each of these issues can help the other.

    IV has been discussing about the possibility of one for two solution (partial). The idea is to request congress to exempt EB applicants & their dependents from numerical limits of the Immigrant visas, if they buy a home. It is my belief that market sentiment is the most important thing in any financial market(s) and the housing prospects look pretty bleak. There are lot of members in the EB community that have NOT bought their own home, even though they could afford one because of the uncertainty with EB GC. IV's idea is to bridge the financial committees and judiciary committees in the House/Senate and see if corresponding Chairman/Ranking members are willing to listen. Things are moving so fast with the 700bn USD bail out plan and we will NOT have time to do things the normal way, through our counsel. We have to present this idea to the corresponding staff members of key members of congress (see list below) and see if this gets traction now or going forward.

    Please do not bring EB-5 discussion/comparison here. The proposed partial solution is different from EB-5 in that EB-5 investors invest money and we are investing in our future with a genuine intention of making USA our permanent home.


    If you already have a home, thats fine. Any such legislation will reduce the wait times in EB categories and we need housing markets to rebound for a safer economy before the ripple effects are felt every where.

    Who to write to

    Staff members(Chief of Staff, Legislative LA, Financial LA, Legislative Director) of Chairman/Ranking members of House/Senate Judiciary committee & Finance/Banking committee, Staff members of your representative and your senators. Please find staff members of the committees in the spreadsheet (http://spreadsheets.google.com/pub?key=pptN-jEpAiyd3snslhPjBfw).

    You can find your representative & senator staff members on this website (http://www.outsourcecongress.org/outsource/congress/schstaffers.html).

    Please use valid email addresses and NOT fictitious/junk mail. It undermines the whole purpose and our emails will be flagged by mail scanners / spam checkers as some thing similar to famous Nigeria bank account scams.


    Email Subject: Proposal to alleviate current US Housing/economic crisis

    Content/Message

    SUMMARY

    This proposal alleviates the current US economic crisis, by motivating the US high skilled, legal immigrant workers to purchase homes. The size of this immigrant population is approximately 800,000 individuals. This effort if successful would inject up to US$ 20Billion approximately into the economy (approximately US$ 100 Billion in houses sold across the country) , while at the same time directing this money into the root cause of the economic crisis � the illiquidity of the national housing market. The above calculation is done
    assuming a median US home price of $212,400 and buyers making a down-payment of 20% of the cost of the home. Roughly estimating 400,000 buyers.

    BACKGROUND

    Undoubtedly, we are all devastated by the shake up on Wall Street in the past 15 days. Experts agree that the underpinning problem is the housing crisis caused by sub-prime mortgage loans. Many of us, who cannot afford our monthly mortgage payments are losing homes and putting them up for sale and foreclosure, which further adds to the crisis. At the same time, most of the Employment-based (EB) immigrant community would like to purchase homes and make the United States a permanent home for their families. These EB immigrants however, are living in a state of limbo, mostly in rental apartments because of the delays and uncertainties involved with the EB immigration procedure. The wait times in EB categories are exacerbated by the delays in processing by USCIS, even though eligible applicants have filed for Permanent Residency also known as Adjustment of Status. Such processing delays have resulted in the wastage of 218,000 immigrant visa numbers (Page 52 of USCIS Ombudsman Annual report 2007). The current Department of State visa bulletin shows 7+ years of wait times in certain categories. We strongly believe that legislation can be worked out in such a way that the housing markets all over the country can move towards recovery, while at the same time motivating the Green Card applicants to catalyze this recovery.

    It should be noted that this proposal by no means brings more immigrant workers into the US. The workers in the EB, skilled category are already present in the US, doing skilled jobs that no US worker is available to do. They are part of the long queue of backlogged cases that USICIS will eventually process; however, this wait can take years and in that case could not be used as a tool to minimize the course of the current economic crisis.

    SOLUTION

    Congress can pass legislation that exempts EB green card applicants and their dependents from the numerical limits of visa numbers, provided applicant(s) have bought a home making 20% down payment on the sale price of the home, for a time period deemed necessary by the congress.


    How can Employment based Immigrants help alleviate the housing problem?

    (1) Employment based immigrants are highly skilled and are employed in occupations such as Software, IT, Health care, Energy, Finance, Education and Research & Development across the United States.

    (2) Average income of these individuals/households is around 65,000/130,000 USD.

    (3) All these Employment based immigrants have gone through Department of Labor�s recruiting process, which certifies that there is no willing, able and qualified US Citizen to do the job.

    (4) Most of the Employment based immigrants have excellent credit history and good source of income to make the payments needed for their home mortgage.

    (5) By requiring a 20% down payment from this group of buyers, Congress can directly channel this money to where it is need most � at the banks.

    (6) Employment based green card applicants have been living in the United States for 6-8 years. Many of them have US graduate degrees in their fields of expertise. These applicants are well versed with the American culture and will not change the cultural landscape.

    (7) Financial burden on US government and treasury will be reduced drastically if the glut of houses in the market decreases.


    As a member of the community that wants to make the US its permanent home, I want to contribute to a solution that helps USA and US during these tough times. I sincerely believe that the 30 year commitment on mortgages by Employment based immigrants in the housing market, backed by solid, risk free mortgages can turn the down ward spiral in the housing market into a upward spiral.

    END OF CONTENT

    Great Draft ..Thanks IV



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