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  • raysaikat
    07-14 12:10 PM
    Hi,

    I have an EB2 I-140 approved; PD Aug 29, 2007. The corresponding LC was filed with "Special Handling" for university teachers.

    1. If I change into a non-academic job, then can the PD be retained when I refile?

    2. If I go out of US for a few years (say 3-5 years) and then come back with a new job, will I be able to retain this PD when I refile?

    Thanks for your time.





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  • justAnotherFile
    07-12 10:15 PM
    byeUSA,

    can you send your story to pratik, as requested on homepage. I think yours is a compelling story and will help others in IV even if you have already made your decision





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  • pmat
    05-11 01:35 PM
    What happens to the money contributed to US Social security if you move to Canada (for stays < 10 yrs in US). Can you transfer the social security to Canadian system?





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  • Pineapple
    12-14 02:27 PM
    Nope. UK and Pakistan would then join the club of India & China. ROW is an artificial construct. The reason USCIS posts priority dates for India, China, Mexico and Philippines separately is that applicants from these countries are typically, and especially over subscribed. ROW countries are just countries which are not typically over subscribed in the EB category.

    O.K. Forget for a moment about IN,China,MX and Philipines. Let me understand the "Quota" witihin "ROW"

    Example: Britain, Pakistan.

    Let's say next year tons of nationals of Britain Choose to apply under EB.
    Let's say total is more than 7% of Total 1,40,000 limit.

    Is that allowed?

    Same question for Pakistan...



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  • Openarms
    08-17 03:35 PM
    Well - world is definitely a beautiful place. World is beautiful because of beautiful good people. Like there is a saying "How is house different from a home? House maybe be beatiful and big but it is a home ONLY if it is a happy place to live" and making the world our home lies in how we make sure that it is a happy place to live.

    While your approach towards solving the problems is "education" in my opinion education does help, but that is NOT the only factor. Change happens gradually. Don't we all agree that the most educated people might be the biggest "problem creators"


    WRT snathan - he is a personal friend and I know him. He is sympathetic towards poor and downtrodden and wants to fight against injustice etc.....

    To snathan - to understand things in a better perspective, I recommend that you try this. Invite 30 hungry, poor, starving people to your house and provide them with food, education, good life and ask them to seek opportunities to better themselves. You may face the following

    (1) People may get more demanding
    (2) They may fight among themselves
    (3) Some might steal from you
    (4) Some might get into unethical activities
    (5) Some might disrespect you and step over you
    (6) They may show more respect to those who did not care for them and curse you for some silly reason.

    You might find some good people who really do what you intend them to do.

    Why I say this is - there is no GOOD POOR MAN nor BAD RICH MAN - different people behave different in different circumstances.

    Did you know that India's independence struggle, American civil liberty struggle were all funded by rich businessmen - they trusted the leaders and gave a lot of money for campaigns for them to be successful.

    You think like Donald Trump, start learning how Bill Gates, Warren Buffet and good many other folks think... Once they become who they are now they realized that they are bigger and able to do some good for their country/world. How about Trump, once he became Trump he just stayed there... So now when has to given respect who would you give respect?????

    SRK, Politicians and Business Tycoons can learn in life try to do some good for their country / world so they can be respected and worshiped.

    I do not want SRK to become a Mother Theresa, Bill Gates or even Warren Buffet all of a sudden.. he may never be able to after all...try to be at least a 30% of a man who himself portrays in his films as HERO - an ideal man.





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  • _TrueFacts
    09-05 03:16 AM
    OK breddy I searched in youtube. I see chandu is from vijayawada. Now I know why he is talking crap on YS Rajashekar Reddy.

    (BTW, I don't believe in castism, I don't have any caste)

    None of you have single point against the fact that YSR was a “gunda, a land grabber, political killer who amassed huge amounts of illegal wealth and land, never ever seen in the history of AP?” and still you don’t want to accept that he was a gunda.

    Shame on you educated idiots, get a life. Every one here has seen chanduv23's postings and how balanced his views are, except you fanatic followers of YSR. Every one here agrees to fact that YSR is a gunda, except you guys.

    Look at this links and people comments: More ‘eulogy’ on YSR � Janamejayan’s Weblog (http://janamejayan.wordpress.com/2009/09/03/more-eulogy-on-ysr/)

    Finally god saved the AP. He made lot of money by corruption. He never bothered about AP future. He concentrated only to keep power in hand and destroy the opposition parties (mainly TDP, PRP, TRS, CPI/CPM).



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  • venetian
    05-18 10:19 PM
    LTTE is almost obliterated. Hope, from now on people will not be crude to mask the SL Tamil issue relating with the LTTE.

    Whether LTTE is a freedom movement or a terrorist organization, they were the saviors of the SL Tamils, now SL govt has got the free hand to annihilate entire Tamils from Sri Lanka. I don't think even god can save SL Tamils from tyranny and potential modern day holocaust.

    How long can any organization survive without the support or backing from any major country? and for the LTTE, it is even worse as there is no land border to escape and fighting an enemy with the ratio of more than 1:20 and who got unlimited supply of arms. Of course LTTE dig their own grave with their attitude, actions and misunderstanding of geo political reality.

    I hope and wish that some sanity prevails among the Sinhalese public.





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  • jetflyer
    06-02 10:51 AM
    ss benefits when we retire is such a long way away ..who knows what the situation will be that time

    You are so right that ss may not be there when we need, so we should raise voice today and fight for ourselves. We pay 40-45% of our hard earned money in tax, SS, medicare, insurance, etc. and then pay another 30% in housing... what left for us ? 25%??? is that what we work for ? even if you have your own paidoff house govt. want house tax 1-3% of current value of your house every year... what the heck. all this when we even don't get fair share of job market?
    we must raise voice for NO SS, Medicare for H1b/EAD exactly same way as they say in job positing NO H1b/EAD - ONLY US Citizen/Green Card nee to apply, then yes ONLY US Citizen/Green Card holder need to pay SS + Medicare.



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  • vjkypally
    09-15 08:39 AM
    We need to fight against this fraud by outsourcing companies who file for EB1 for their so called managers. IV needs to take this up with USCIS.Year, TOT_LBRS, Certified, LBR_INDIA PD_>_10/1/2001
    2000 074048 70204 ????? 0
    2001 082139 77921 ????? 0
    2002 089168 79784 ????? 7873
    2003 095299 62912 ????? 25956
    2004 098866 43582 ????? 26569
    2005 014253 06133 01350 6133
    2006 105960 79782 22298 79782
    2007 098753 85112 24573 85112
    2008 061997 21092 07198 21092
    Total 720483 526522 55419 252517



    http://immigrationvoice.org/forum/forum2-retrogression-priority-dates-and-visa-bulletins/23813-perm-labor-data-analysis.html


    In 2005 there are a total of 01350 labors certified only for India.
    In 2006 there are a total of 22298 labors certified only for India.

    The other important thing here to note down is there are many outsourcing companies out there filed/filing GCs for their so called managers in EB1 category.





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  • gjoe
    02-16 11:26 PM
    If you want to use AC21 and your current employer is playing dirty tricks like withholding you pay without any legal reason or trying to arm twist you into staying with him please try this following you would win without fail.

    1) Try to negotiate with your employer and make sure you don't compromise on your paid leave balance, last few paychecks and experience letter.
    2) If he is trying to scam you out of as much money as possible before you leave try to preserver all the written communication you had with him to recover your money.
    3) With all that paper work you have enough ammo to get all the money back and shut your bloodsucking employer.
    4) Call the sucker and tell him that you are sending a letter to the USCIS with CC to the president, congressman of your district and your state senator regarding your problem. Add in a couple of news agency names on the CC list just for kicks

    You can never go wrong with this plan, you will get your money back within a few days.

    BTW you can request USCIS to expedite your I485 and quote these kind of employer exploitation as a hardship. ( I never tried this part, who knows you might get your GC ahead of others) I don't know of anyone who has used this successfuly, if you try it please share your experience.

    The plan to get your money works, I have personally tried it. I didn't even send any letters. I just explained him that I will not lose anything even if my GC is denied but the sucker will end up with lots of trouble with USCIS.

    I was trying to build a case to fight ( in the court if required) the sucker but he backed off.



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  • vasa
    07-03 03:40 PM
    American Dream suspended on the eve of American Independence

    For aspiring immigrants ,4th of July is not just a holiday and fireworks but a promise of all good things that are American , which comes to those who follow the law , live by her rules and wait patiently for their turn to be called Americans.

    Patience is not just a virtue but a way of life for thousands of Legal immigrants who have been living in the US for a number of years . Besides the everyday stress of Job,Mortgage,Health and education of their children they live with the added suspense of when their application for permanent residency ,commonly

    referred as "Green card" will move ahead from its deep slumber.

    To apply for a employment based "Green Card" , a employed worker's company needs to fulfill the

    requirements of the DOS/USCIS and the date the application is received by the department is referred to as the "priority Date". A movement of a month keeps the hopes and spirits high of the applicants and their families and a couple of months is sheer joy. In 2004 there was a negative trend of retrogression of
    the applications in queue and the dates moved back instead of moving front. It implied a waiting period of a couple of years at the minimum. So midway of the application process everything stalled, all eyes turned towards the senate and the house hoping they would mediate and provide respite to this broken situation. Nothing happened and so we waited for the much anticipated CIR as it was told to us that a comprehensive immigration reform will address the situation of the legal immigrants also besides its main agenda to solve the issue of illegal immigrants in this country.

    The CIR died , then mid June the USCIS came up with a bulletin announcing that it will start accepting applications for adjustment of status for all employment based applicants and their dependents ..From then on it was a scramble to fulfill a long list of requirements to be able to apply on time. The first task was
    for my husband to convince his HR to sponsor the process. Since they had already budgeted for the fiscal year and are on a spending freeze , it took a lot of convincing . The HR complied and gratefully we set out to get our Medical exams(at own cost of 150*2).Since we live in a small state with few doctors we
    drove 2 hours to a neighboring state to get them on time. Being a mother of 3 small kids, I could not work on important paper works with them around. So after putting them to bed we spent the entire night pulling out the required documents from archives and placing them in order; numerous phone calls to parents
    back in India to collect their date of birth, place of birth information and completed the questionnaire. Got passport pictures(60$) and mailed it all to our lawyers praying it will be one of the first to reach the department office on start of business on July 2nd..little did we suspect that this was nothing but adding insult to the injury plan by the honorable DOS.. They had already prepared a rude

    shock when they released a bulletin update on July 2nd stating that they will not accept any applications as they had already allocated all the visas for the current fiscal year in a unprecedented action.
    This has left thousand of families like us confused, saddened and in the middle of nowhere.

    We are raising families here, our everyday life is no different from any other AMERICAN middle class family with same expectations and hopes, so its not easy to presume that we can pull out or get out of this situation and return to our home countries . We still have faith in the constitution and the spirit of this country and preserve faith that this wrongdoing will be reversed and we will get the opportunity to achieve what we have waited for years in a long queue, abiding by the law and fulfilling all requirements to the
    tee..
    On the eve of America�s independence let justice prevail and urge the congress and the STATE department to undo this monstrous decision of USCIS ..

    God bless America.





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  • _TrueFacts
    09-04 11:26 AM
    If you and other who have problems with this thread, don't like this discussion than why do you guys bother to come on this thread, just ignore it....

    Right on point again by vivid_bharti,

    How does deleting this thread improve immigration?Does deleting this thread bring back YSR? If some people are discussing a topic, let them do so..if you have point contribute a line or 2 to it.

    I rephrase: The reason we even discuss these things here other than immigration is because we have immigrated and we have a common bonding.



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  • unitednations
    02-13 03:21 PM
    What about paragraph 5 that I have posted up somewhere ???
    Does that allow the 7% limit to be exceeded or not ?


    That is why we need more supply.....Once supply is more they can go over 7%...


    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%.

    The mystery of horizontal verus vertical was plain to see in November 2005 visa bulletin. There is no mystery about it anymore. It is plain to see for everyone. If they want to litigate it; then it is right from the horses mouth on an offical document of how it is done. I would use that note in the bulletin to litigate if you believe your position is correct; ie., horiztonal rather then vertical.





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  • sobyb
    05-02 12:37 AM
    But real world does not work like this. If you are not aware Gandhiji passed away/ assinated in 1948. this is 2009.

    Thanks Dude! .. Gandhiji never died and ever will... the day you realize that there would be real solutions to ethinical/lingustic/religious descriminations/issues :)



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  • hiralal
    06-04 09:21 PM
    now that we have 13 pages of discussion ..can we agree on something and start small campaigns atleast ???
    that way we can generate more interest in IV.

    we can do something indirect too ..such as contacting your realtors ..show interest in buying and then back off ..the advantage in this (if large number of people take part and each contact 4-5 realtors) ..then we will have someone else lobbying for us (rather than ourselves beating our own drum)

    if someone has better idea then we can go for that too





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  • ita
    03-30 01:13 PM
    I didn't know Lord Rama was part of BJP's manifesto this time.
    You are so stuck with 90's. MMS brought economic reforms in 90's so he's reforms guy even though he didn't bring any in his current term.
    LK was Lord Rama guy in 90's so he is Lord Rama guy even now.Just check BJP manifesto this time.

    Santhan and the like(s)...I'm just breaking it down here...

    Like I said in my previous posts religion is played heavily by MMS govt (read as Sonia...I'm sure MMS is a nice person) 4000 Missionaries came to India in last 5 years.More 4000 may come if you give them chance.Now nothing wrong with it generally speaking (except that only christian missionaries were granted visas and Jewsih groups were denied visas) but something wrong if we go by your 'I'don't care if Sankaracharya is jailed,I don't care for lord Rama guys' attitude.

    Now these missionaries are setting up miracle boxes ,so far in rural areas, where poor people that drop their wishes in the box see miracles happening.Only hitch is entire family has to convert to Christianity.Yeah abuse of poverty.But there is discrimination (hoping that when you speak of poor you speak of poor of all religions)even in miracles.Some how these missionaries don't dare to mess with Muslim poor.So Muslim poor are left alone. Neither your MMS wrapped State does anything to alleviate their poverty nor these missionaries shower their miracles on them.

    BTW it's not poor and Sankaracharya alone there are also other religious(for now Hindu) leaders in their list(Satya Sai Baba, Mata Amritanandamayee, Shri Shri Ravi Shanker Maharaj and many more) Now what's common in them apart from being Hindu leaders they are also immensely into helping your favorite poor people (no conversions though,you don't want to believe me just check out Mata Amritanandamayee's social service camps not for just Hindus all over the world.)

    Now if a doctor doesn't get patients how will he survive?
    Same way how will missionaries conduct their business if the poor and needy are helped .It's assured State won't help these poor population.Those who are helping them should go to jails so their popularity gets a dent among the masses.(not that their service stops anyways) So you MMS wrapper is facilitating all this.

    I know too much stuff but our biased/bought media won't highlight these facts.Remember how A.P High court held media for setting up a 'media trial' even before anything was proved in Sankaracharya case?(nothing was proved till date but since you don't care let's not go there)

    So your favorite MMS govt was busy with such things so far.

    I know ignorance is bliss but know that bliss will not last long.



    I am not saying MMS is the best....but better than others. Do you believe the so called Left the savior of our country. I am not bothering who is ruling or not. My only worry - what is done for our future. I strongly believe Left was the speed bump to the development of the country. Mr.Advani dont have anything but Ram Temple. I hardly see any value in that. He runs his politics based on religon and Ram temple. Let him put the plan and vision for out future, to build stronger India....I will be the first one to vote for him.



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  • yabadaba
    07-04 08:51 AM
    i sent emails all three nightly news shows at nbc, abc and cbs

    i also sent an email to anna at sepiamutiny





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  • sundevil
    05-29 02:48 PM
    I agree with your ultimate conclusion that we need legislative changes, but I am with complaining about fraudulent EB1 apps. Every fraud starts off small. Even this applying H1B without a job and then sit on the bench for a few months and find a job was started as a few thousand at one time. Now it is a fraud monster, we have learnt to live with.
    I for one believe changing EB3 to EB2 is not even in the same ballpark as EB1 fraud, most people in EB3 are deserving or will become deserving EB2 while waiting. But EB1 fraud is straight up that, FRAUD, even labor sub takes a distant second to that.

    :) he did say hope is on the way...but forgot to say which way or he was try to say what would hope's tombstone read...

    Here lies HOPE...it was IN the WAY :rolleyes:

    to the others who are bitching and moaning about EB1's, a few months back we were worried about the EB3 converting to EB2..before that we were worried that EB3's were getting more visas than EB2's and so on.....we will keep fighting about the handfull of misallocated visas or work towards recapture. The most important thing from Murthy's letter is that USCIS has started preadjudicating 485 which simply means that there are ton of people stuck in this mess who are waiting to be approved... a handful of visas is nothing...lets all unite and work towards recapture.





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  • vdlrao
    07-26 04:26 PM
    I dont think the situation is that bleak. What would happen when EB3 ROW is unable to use up all the spillovers from EB2? The excess would go to EB3 I, right?

    In the past 4+ years, the annual H1 queue is just 65K. So the input into the EB queue must have moderated quite a bit.

    right point to note.





    sunny1000
    12-13 05:06 PM
    Good point. But point what we are discussing is whether the rules (per country based) made to process GC can be challenged in US Courts within its constitutional limits? If tomorrow US decides to shut down EB/FB we do not have problem. Certainly it has that right. But when US wishes to have those immigrants than do we (applicants - non -immigrants) have a right to challenge particular rule (here per country based limit) in Court?

    The U.S government absolutely has that discretion to make any rule/law under the Foreign Policy doctrine which no Court will interfere. The analogy for this would be the rule - wet/dry policy - they follow with the Cuban immigrants who get a GC just based on landing on the U.S soil. Nobody can challenge that rule (which favors only migrants from Cuba - when Mexicans do the same, it is considered illegal) but, a cuban immigrant can challenge what constitutes U.S soil which the courts can decide.

    In short, you cannot challenge the law itself but, can challenge how the law is interpreted.





    dvb123
    02-15 10:59 AM
    There have been some class actions in Employment based category. Have to research more on these.

    http://www.immigrationlinks.com/news/news269.htm



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