Thursday, June 16, 2011

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  • bkarnik
    04-10 08:29 PM
    Bee:

    Thanks for the link to the summary. But therein itself lies the solution. As you can see from the summary, the EAD eligibility in all cases explained above is in cases which does not impact the GC quota. Apparently, people against whom removal process is initiated is eligible to receive an EAD!!! Also, as you mentioned in your post, the CFR is not a law, it is an interpretation of law made by the agencies and the agencies are free to change the applicability, extension, conditions of eligibility for EAD as they seem fit. The reason is because COngress never foresaw these huge wait times when they passed the INA (in fact our FAQs make that pretty clear). I think if a little bit of persuasion is applied by the right people to the right places, we may just make this work. I agree with Raj, maybe we should take this a bit farther and see what develops.

    Another compelling reason for doing this is the fact that even if the CIR were to be passed, by the time the agencies develop their regulations we are easily looking at another 2 yrs plus before we see the effects of the CIR.

    I guess I am done on this topic. It was just a thought that I felt should be put out there for discussion.





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  • gadde
    02-13 10:43 AM
    HI SHANA,

    Do we need to have labour approval notice to see the job title and job code and salary.. can you please email me the details to : gadde.rao@gmail.com
    if not can you give your email and phone#.
    iam also in the process of invoking ac-21 using h1b transfer..
    i would appreciate your help.. Does the job title, job description and salary need to be same for ac-21?





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  • diptam
    08-16 02:46 PM
    I know you didn't advise me/anyone - I too expressed my view.

    I still do NOT understand how a USCIS error can prevent me from re-applying !! There was a Post yesterday at IV by a gentleman from IOWA who called Up USCIS and they confirmed that it will be accepted. I PM'ed him because i was not sure if IOWA allows you to Voice-record "evidence" - He told me that USCIS recorded the call as a general Practice.

    I doubt they will release their own recording to be used against them and also they says we "may" record for "Training and Quality" purpose.The best Option would be if we take Permission from the CSR and record that conversation at our end - I can't do that because the STATE i live dont allow that.

    I am not advising anyone anything, I just shared what I did. This time , I did not go through a lawyer.

    Something similar happened in Oct'05 and the priority dates remain retrogressed for next almost two year. It was just by stroke of fate it became current now , otherwise the situtation would have persisted.

    If my memory serve me right, there were some cases back in Oct'05 whose application were rejected in error but were not allow to refile as PD had retrogressed.

    Do what you want to do, I am just sharing what I did and I may be wrong. Personally after having missed one window of opportunity in Oct'05 , I have no capability to take any more risk.





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  • gc28262
    07-29 01:44 PM
    asylum - you are very funny
    lottery - acctualy they have a country limit
    green card - :confused:
    undocumented - we are talking about legal immigration (for gk_2000 also)





    explain your logic please...........the limits are not based on Asian, African, Indian,etc........please check the dictionary to find out what it means racism.

    Thanks

    Immigration and Nationality Act of 1965 - Wikipedia, the free encyclopedia (http://en.wikipedia.org/wiki/Immigration_and_Nationality_Act_of_1965)

    Please look back at this country's immigration laws over the years. When Europeans were immigrating to in large numbers, they didn't have any issues with that. They never felt the need of country cap. When non-Europeans started immigrating in large numbers, america suddenly realizes she has to be "fair" to all countries in the world and fairer to whites in particular.

    It is such a shame that this country covers up racism with "diversity" in this 21st century.

    Moreover skill has nothing to do with country of birth(EB category).


    Diversity:
    Diversity has to be reflected in the population already in US. Do you think Indians/Chinese are a majority in this country ?



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  • sam_hoosier
    12-27 10:45 AM
    All,

    With the current rate of outsourcing happening around in US and the rate of influx of temporary workers coming in on mostly L1 and may be few on H1 B Visas every year through the outsourcing companies , i am sceptical about the future of GC aspirants. With the way of GC processing happening which are caused by restrictions /policies of governing bodies and no sight of positive relief in near future i am little apprehensive about the future.

    I feel that there might be no areas that are not impacted by Outsourcing boom . Most of the companies that i see and my friends work ,i see many of the operations are outsourced or planning in place to get outsourced.

    with the current rate of outsourcing and subprime mess which may cause slow down in economy , i am not sure if there would be any positions to support our AOS , when our PD becomes current. Some times i think , the fight for GC is even worth it.

    Every one feel free to post your views/opinions/Analysis on this topic ....

    The impact of outsourcing (if any) would only be on lower level software/IT jobs which are getting sent to cheaper destinations. However the GC applicant pool is much wider than just IT/software programmers, so overall the impact would be smaller.





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  • rsrikant
    08-10 10:45 AM
    who cheated whom? come on diptam. you have been here for so long...
    you can not talk like that... people look forward to get advise from guys like you. not hatred..

    your company/employer cheated you. not anybody else... please rethink about it.

    You dont need to knock anyones door - I'll proactively go to anyone who used a "Labor Subs" and call them a Cheat because they have cheated someone else's Property and Dream.

    Its gone but i'm personally a victim of that - My 1st Labor was traded in the Market for certain US dollars... The legislation was not there - otherwise i did have sufficient Proof and resources to take care of that cheat company.



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  • Joey Fatone Kelly Monaco Drew



  • Horace Jones
    07-30 04:46 PM
    I agree with most of the comments, the backlog definitely seems to be the overbearing issue here. The USCIS has faced a great deal of criticism because of this backlog, which many people argue is highly unfair. This article explains what I am talking about: Migration Information Source - USCIS Faces Criticism over Visa Backlog (http://www.migrationinformation.org/USfocus/display.cfm?id=665)





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  • Progressive
    07-02 04:20 PM
    Medical -$400
    Attorney and filing fees - $5000



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  • imm_pro
    06-12 04:36 PM
    So whats going to happen next Thursday..more speakers and a wider audience..?





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  • northstar
    04-29 03:56 PM
    Typhoon costs about $135M a piece
    Eurofighter Typhoon - Wikipedia, the free encyclopedia (http://en.wikipedia.org/wiki/Eurofighter#Costs)

    Rafael costs close to $100M.

    India definitely needs a F-22 like aircraft considering the Indian AGNI-3 is still not operational and there is no proper long-range nuclear weapon delivery medium. Sukhoi's and Mirage's are no F-22's.

    F-22's are not up for sale, how did you got that idea



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  • Mel B. and Kelly Monaco



  • s_r_e_e
    08-31 11:15 PM
    What is last time?

    EB-2 India moved 1 week in 1+ year without the applications submitted after June 1st

    yea .. what ever time he was mentoning about.. what i was saying is ther are lot of people who are misinformed and do not realize there is a big issue.





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  • madhu345
    10-09 10:44 PM
    Everest Technologies? Ravi Kandimalla??? I heard horror stories about them.

    Dude...you still remember this Alpheratta GA company?



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  • Dancing with the Stars



  • chumki
    12-18 02:11 PM
    Thanks to paragpujara for giving me the offical AC-21 Q/A memo. Thank you.

    Quick question:

    If I file AC-21 Memo to USCIS and I got laid off from my previous job 14 days prior to 180days and started the new job 14 days prior to 180days and the petitioner employer will not revoke I-140, will that cause any issue?

    Do i have to show to USCIS that I started my new job after 180 days?





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  • whoever
    04-13 08:23 AM
    I dont think there will be any movement for May and June. July could see a big movement.



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  • Kelly Monaco (low res) Credit



  • kishdam
    02-16 09:14 AM
    Hi,
    I am talking to different lawyers for using AC21 - new position title and functions are almost similar with similar salaries in the same region, old employer might revoke the approved I140 but 180 days are over and I140 is approved - couple lawyers mentioned that the case is straight forward but still mentioned that they are not going to take the case because they decided not to do AC21 in many cases. Reason they mentioned is that underlying I485 is not filed by them and if its rejected for any reason there is a chance of mal-practise suit against them. The fact that they didnt do anything after taking the case might work against them. Their current insurance against mal-practise is not enough to cover these types of instances. I found the argument a bit weird but wondering if anyone else heard same - I heard this from 2 of the 3 lawyers I called locally.
    - kishdam





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  • DoggyStyle
    07-21 11:28 PM
    thank u for posting the conversation that I miss. that saves me few bucks. u have the nerve to dial in that other IVians don't
    have. u r the hero. (dial-in-hero) :D:D:D:D:D:D:D:D:D



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  • CWYGC
    04-01 10:47 PM
    Sent both fax





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  • singam
    03-22 02:39 AM
    Interfiling an approved I-140 petition with an already pending I-485 application:
    http://www.immigration.com/fromtheagency/nsc61207.html

    NSC Instructions on Transferring Earlier Priority Dates:
    http://www.murthy.com/news/n_nscins.html





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  • OLDMONK
    07-19 11:48 AM
    If your COS application was approved and you didnt have to go out of US for H1B stamping I would assume your are in status.

    I dont know if this would come up in RFE or at interview stage, but I wont worry about it unless the period was more than 180 days.





    GCInThisLife
    07-19 02:09 PM
    Thanks for finding the link. I remember reading it some time in the past, but couldn't find it.

    dpp, Please read through my wifes case above and in your 'opinion', will there be a problem?

    Q : Must an H-1B alien be working at all times?

    As long as the employer/employee relationship exists, an H-1B alien is still in status. An H-1B alien may work in full or part-time employment and remain in status. An H-1B alien may also be on vacation, sick/maternity/paternity leave, on strike, or otherwise inactive without affecting his or her status.


    Check this.

    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a62bec897643f010VgnVCM1000000ecd190aRCR D&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1 RCRD





    geevikram
    06-24 01:33 PM
    that if there is an update.. we will get it ASAP.. :), so lets keep doing our part..(call until they give up-- CHC)



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