Friday, July 1, 2011

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  • snathan
    04-27 12:04 AM
    We heard so many stories about violation many Indian bodyshoppers like bench without pay,Low pay ,fake resumes and many more. But when any bill comes to control them we are opposing. Because we fear that we may be one of the persons working in those companies and may be impacted by that.

    Certainly the bill is not a pro immigrant and anti immigrant bill. But some kind of restriction is needed to clean out H1b. I accept as a pro immigrant we have to oppose any anti immigrant bill. So I am sure IV will try to block the bill as they did the restriction in TARP.

    I am not going to get any benefit if they shut the door behind me. I need just one job that I can get any time and whatever compettion and there is no need to shut thousands of people. So my views are not based on any personal ambition.

    I am seeing some positives in the bill. Wages will increase for the H1bs also. Only genuine companies can do the business. Best and bright people will not be impacted by this. Also it can open opportunity to increase H1b Cap and Green card Cap. So there is a good possiblity to reduce or eliminate retrogession.

    Basically there are two options for IV and other pro immigrants if the bill is considered serously. One is just oppose the bill and try to block completely. Or other option is to negotiate to include our agenda to recapture/increase GC and also to modify the portions of bill. Instead of failing with option 1 getting success in option 2 is better.

    I think this bill will not be passed if it is against WTO trade regulations.

    So you never know all these violation when you were in H1. What were you doing then. Why didnt you oppose then. If you know the violation did you call the USCIS and DOL and complain...No. Because you would end up in trouble. Now you got your GC and no matter if other guys are end up in trouble, in fact it would be helpful for you... Are you ready to review your status thorught all your H1, all your PREM processing to prove there is no violation...? Eveyone know how things are working. So if you got your GC just keep quite and move on. When you can not be helpful to others...why you are just creating pain.

    If you are worrying about the wages..let them free the employees from employer. Thats the best way to clean up the system. If you are really pro-immigrant your thoughts should align in that direction. But most of us see you as Ron Diamond in the making. Its very unfortunate. One study shows that only immigrants opposing immigration more than natvie people.





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  • kumhyd2
    07-22 01:54 AM
    One way to end his mis-information is to make a list of the companies who advertise on his show. After that we need to communicate with these companies about the lies he spews on his show and also threaten to boycott all their products, if they continue to sponsor his show.

    Remember, I can't make a difference, you can't make a difference. But both of us can certainly make a difference.

    I saw in one of the interviews, Lou gave where the interviewer particularly questioned the authenticity his claims and numbers. So that is where he was checked in. So identify those interviewers and send the facts so that when he gives another interview, he will be questioned again.





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  • Libra
    07-09 08:26 PM
    How did he came to know about this, where as many big media heads are unaware of this........any idea?





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  • pat123
    10-05 02:24 PM
    At last, after 10.5 years, 4 employers, 2 Labor filings, 1 Perm and 2 -I 140 (One from my employer and one from my spouse employer),1 - I485 filing, 2 SR, 1 senator request, 1 infopass - Got the mail - CARD PRODUCTION ORDERED for self, spouse and son.
    What to do now? I dont know, for the last many years, used to think everyday about this 'CARD' and now nothing else to think about. May be, I should start thinnking about ????
    But for now, Just going to relax and savor the moment.

    Thanks for all the Guys, Gurus, Seniors, Juniors and all who contributed to the various discussions. I am pretty sure that I cannot stop logging to this website even I got my 'Card'. I will try to help you guys in some way or the other.

    My priority date : April 25 2006 Eb2
    Received date: Aug 08 2007
    Notice date: Sep 19 2007
    I485 Approval date : Oct 4 2010



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  • kiran24
    06-29 06:23 PM
    I can't believe this is happening to me. My priority date became current as of June1. My attorney has sent my wife's petition to Chicago instead of NSC. He got the petition returned this afternoon. I got my I485 approved on June 25. My wife is currently out of status. If the rumor is true, I'll be totally screwed. After 10 years in this country, a dumb mistake pretty much ruined my life.


    Why did your attorney send the package to Chicago instead of NSC??
    Who is your attorney??





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  • desi485
    11-10 11:14 PM
    I got the RFE at last. I invoked AC21. The RFE for me is asking for 2 evidences

    01. Why in Form I-693 medical examiner submitted x-ray but no skin test (we did it because we had the TB vaccination in childhood and skin test would come positive and we had to take x-ray anyway) ---Not an Issue, we can answer that

    02. Submit current dated EVL for your new employer. No issue. we can answer that

    For my wife also asking for 2 evidences:

    01. About the same medical issue.
    02. Provide her non-immigrant status between Feb 2003 to Jan 2004.

    I don't know what do. Looks like we are doomed. My wife came here with H4 in 2000, was provided I-94 from the airport for 3 years (till Jan 2003), we didn't know then that we have to file a I-539 extension for H4 extension (even couple of my friends had the same idea). We knew that as long as I am on H1, she would maintain H4. I came to know in Jan 2004 and then we applied for I-539. I know this is stupid but that what happened. Anybody has any experience please reply..please please. We are really sleepless this time.


    I personally know a friend of mine who did the same mistake. He was not aware that he will also have to file for his wife when he did an h1 ext few years back. Lawyer was also not aware that he was married at that time. His 485 is still pending in EB-3, so no idea what would be the outcome.



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  • chanduv23
    07-11 07:28 AM
    http://samachar.com/showurl.php?rurl=http://sify.com/finance/fullstory.php?id=14490148

    Green card seekers take to 'Gandhigiri' in US

    Wednesday, 11 July , 2007, 11:13

    Washington: In an eloquent display of Gandhigiri, unhappy Indian green card seekers sent hundreds of flowers to the US immigration agency to protest a last minute reversal in policy that would impede their way to permanent residency.

    Inspired by the hit Hindi movie Lage Raho Munnabhai that extolled Gandhian ways of non-violent protest, the green card applicants plan to send around a thousand flower deliveries to US Citizenship and Immigration Services (USCIS) Director Emilio Gonzalez in a three-day campaign that started on Tuesday.

    The protest followed the abrupt reversal last week of a June announcement offering expedited processing of green card petitions for thousands of skilled foreign professionals working under H1-B visas - reserved for skilled workers in computing, engineering and other special professions.

    Thousands of such visa holders scrambled and spent money on lawyers and medical exams to beat the July 1 deadline for green card applications. The abrupt change sent them back to the queue for 2008.



    Besides India, skilled workers from China, Poland and many other countries will now have to spend more time and money to get the coveted green cards - a halfway house to US citizenship.

    "The idea is to push them to honour their earlier notification," said Aman Kapoor, founder of Immigration Voice, a forum that inspired the unusual protest.

    Indians are the worst hit by country quota caps for immigration visas, which treat a billion strong India, boasting a highly skilled workforce, on par with a country like Trinidad and Tobago of one million souls, he said.

    On its part, the USCIS response was equally pacific. It plans to forward the flowers to Walter Reed Army Medical Centre and Bethesda Naval Hospital in Washington, the main facilities treating US soldiers wounded in Iraq and Afghanistan, said Gonzales in a statement on the agency website.





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  • ganguteli
    04-25 04:42 PM
    Atleast desi body shoppers does our green cards and also pays unlike TCS, Satyam, infy crap.They bring people on L1 visa and they pay so less and these people on L1 killing oppurtunities for US based people and they take the job to India. H1s are not the problem. L1 are.

    For H1s, we need reform and regulation of law
    For L1s, stop giving them or enforce the law very strictly. Or else everybody will be jobless

    I have seen this in my company, a wireless provider in east coast.They have been eliminating silently all US based resources for the past 1 year and replacing with L1s

    Why do I get this feeling that you are an anti-immigrant on this website?

    Come clean please.



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  • vinabath
    07-10 10:13 AM
    I still think, the USA is the best place for democracy loving people. Govt and its agencies try their best to be accountable to law. Now if you want our Immigration issue to be put before IRAQ in the Congress, I would think that is selfishness. I have colleagues whose sons are in IRAQ. For me their lives are more important than my GC. Now that does not mean we stop making our point to Congress.


    PRECISELY My point. First it is IRAQ, then it will be the Presidential Elections then something else. The Government has NO time to question the USCIS and NO real motivation either.





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  • ajay
    11-09 01:03 PM
    I mailed those letters physically by mail. No replies yet though!!!



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  • Hunter
    05-10 10:43 PM
    Corruption in India called as Corruption and illegal there, but here you fools call it as lobbying. You know what When I started reading this thread I have some sympathy, but I will celebrate it now.
    You know what having sex with mother and sisters, and with animals is not development (Don’t believe go and look at your mother, Son). You are in Stone Age fool. :mad:

    Are you sure you are not confusing with Indian epics that discuss how Lord Brahma had sex with his own daughter? :D :D

    Unfortunately, you are showing your culture here with responses like this by clearly proving that you are incapable of provding a proper response. You are not making any case here, actually you are undermining it. This clearly shows the contempt that you have for the people of the country where you are desparately trying to immigrate to.

    If things were so rosy in India compared to US, you wouldn't be posting in this forum, will you?

    As a matter of fact, people like you, irrespective of the qualifications, should never be allowed to immigrate to anywhere. You should remain in India or should I say "arsha-bharatha"?





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  • jayleno
    01-13 03:31 PM
    Looks like Obmudsman office have acknowledged the problem. Just read this on their site

    ......
    However, the Ombudsman understands that USCIS may deny the Form I-485 in cases of portability (the ability to change jobs) before first issuing a Notice of Intent to Deny in certain limited circumstances. These include, for example, where the beneficiary is ineligible for the benefits of the Form I-485 by statute, or the Form I-140 is withdrawn before the Form I-485 was pending for 180 days........

    http://www.dhs.gov/xabout/structure/gc_1221837986181.shtm

    Once again a big Thank You to all of the volunteers behind this campaign.



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  • Green.Tech
    09-09 12:07 PM
    EB-1, EB-2, EB-3 doesnt matter, let's get the calls going. If you don't want to be at the same stage next September, please pick up the phones and call. GC sooner or later, it's your choice! Make it happen!





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  • 485Mbe4001
    10-18 11:29 AM
    :p, unfortunately bouquets will not work here, some people on one of the yahoo groups did try that, pro flowers refunded the money because FBI doesnt accept flowers or some crap like that:eek:

    Thank you sir. If nothing else moves forward on this Front , we have Bouquets :-)



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  • dilbert_cal
    11-23 05:38 PM
    You want to foreclose for a matter of 20K -- I'm really surprised by your thinking process. Based on it, I would assume you had a zero down loan.

    In my opinion and this is my opinion only ( and this is only from a financial perspective only ), taking a hit on your credit report for 7 years for a 20k monetary hit doesnt make sense.

    the moral , ethical part of it -- well there are quite a few folks on either side of it and I'll let them continue arguing for/against it :-)





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  • ksurjan
    07-09 08:45 PM
    Thanks for the comments...I'll personally come and see you off at the airport when you are ready to leave. I gusess you have your bags packed already.
    Just so you know we are not begging for GC we've earned it.
    Hello all
    I am a silent visitor of this website.
    Just my 2 cents... Don't think USA is like India where you can do something forcefully. Why don't you guys understand the real problem of USCIS.
    Do you think that by sending flower to USCIS will force them to make EB2/EB3 current for 2005/2006/2007 guys??

    Please try to understand their problem.
    Also India is the great. Why don't you guys just think that India is your home country where you are born and brought up. Why you people can't just wait and watch?? If nothing happens to the so called GC, then why don't you think to pack up and go back to India???????

    My sincere request, please don't do rally, you might be arrested......you never know what they can do..... Don't you think that, it is better to go back to India rather than being embarrassed here in US???

    Isn't it a shame on us to go for Rally to get GC?????:D

    Just think that you will get it when time comes, otherwise pack up.

    Please don't take much tension as life is very short. I am assuring you all, nothing will happen with law suit and flower campaign.Don't irritate USCIS by doing all this please.

    EB2 India
    PD-2005-May
    I140 approved-Sept 2006



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  • akela_topchi
    08-07 11:11 AM
    Knowingly, or unknowingly, you are dividing this community on meager self-interests. That's the worst somebody can do to IV.

    We don't need NumbersUSA to divide us when people like you are here...





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  • gaz
    01-09 02:16 PM
    pappu,

    when talking to my friends about IV I have observed the following:
    1) they prefer to "visit" the iv site to get a first hand look at what IV is about
    2) they tend to classify IV as a discussion forum rather than a movement - a couple of people have said that they did not notice any difference between IV and the other boards. they bookmark it and come back only when they have a burning question.
    3) once i tell them about IV's achievements they do seem interested but most appear to be afraid (or lazy?) in actively joining - either monetarily or otherwise.
    4) some people do not even want to post questions actively - instead ask me the question and expect me to post the question/ help them out with a response (not sure why - privacy issues?) - have others seen this also?

    I don't know how to convince the lazy ones - but for the others, would it make sense to restructure the site a little bit so that the home page is a little less noisy and has only information about the underlying movement , IV's achievements and then has a link to the the message board (as a feature of IV rather than it defining IV)?


    I think we are making a big deal of red and green dots. It is only in recent times that people are complaining so much about misuse. We can get rid of it, but then moderation will be tough. I do not think that is the reason for not participating. We do not have much awareness about IV in the community. When we say half million applications are pending, why are we not getting those on IV?

    We need help in raising awareness about this cause in the community. Let us make that as the first action item this new year. All members can take initiatives and help. It does not cost any money and IV is not asking any money. We just need more participation.





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  • superdude
    07-31 05:07 PM
    Well suppose they reject your 485 for lack of Initial Evidence then you are in some trouble. The people who applied prior to new Memo was passed had there applications receipted even without EVL. What will happen after the Memo is passed ...can't say. I think EVL is considered Initial Evidence. Thats my guess.
    Not this time. USCIS clearly mentioned that Completed application with Signatures, Correct Fees should be sufficient. They are even accepting without medicals.





    sundarpn
    02-25 10:26 PM
    One can call the US consulates in other contries like canada or mex ask them if they can look up your petition number in the PIMS system. Google for the phone numbers.

    I hope that the PIMS system will be centralized. So if one consualte is able to pull it up, the same might be true for the others.

    Have there been reasons other than Pims for delays? I see a lot of 221g cases in the forums. Are these due to PIMS?

    Anyone with recent experience on h1b revalidation at chennai?





    acecupid
    08-21 12:17 PM
    Hi guys,

    Sorry, I bit the bait and got off track. Let us focus on the issue again. Let us agree on a time line and act accordingly.

    I would say, this week we work on drafting the letter (I took a shot at it, available @ page 2). Having 2 or 3 differently worded letter would probably be nice, but not necessarily.

    Next week we start mailing the letters. We have about 500 responses in the poll for EB3, so if we can get most of them to send the mail (email/fax whatever), it should be a start.

    We probably should start drafting a mail for our representatives/senators too, so that they too can follow up with USCIS.

    We will face a lot of opposition, ridicule and nasty posts, but we should persevere if we want to get our GCs any time soon.


    I agree we should focus on the task. There are lot of people trying to mislead and take the discussion off track. I will draft my own letter and send it this weekend. Its better if everyone writes there own letter. EB3 guys wake up and do something.



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  • _TrueFacts
    09-04 01:50 PM
    So next time of election, take vacation and go home, do campaigning, spend money and vote out the govt. you dislike, if you are real serious.

    Will do whatever each one of us can, but at least for the fact that you are living and seen US be supportive of development in India and criticize corruption and corrupt politicians like gunda YSR.

    There is wealth of information on YSR's corruption. People are vexed for a reason.





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  • soljabhai
    12-14 03:33 PM
    Personally I do not believe that the 7% limit is discrimination. The 7% limit for all countries appears to be equal, it leads to an issue as described below.

    2 individuals, one from an oversubscribed country and one from an under subscribed country, leads to their career being affected by where they have been born.

    Even though this situation might not be and in all probability is not discrimination, it does lead to conflict certain with certain other government regulations like EEO etc. Which one has precedence? Why?

    I don't know the answer to these questions. Nor do I profess any super ability to even make the correct evaluation. But it does present itself to be a moral dilemma. Precisely the situations where the courts might be able to provide guidance (assuming they haven't already)





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  • BharatPremi
    12-13 05:52 PM
    Note that it would certainly not benefit the other 60%+ from countries other than India that are also stuck in various steps (EB3, name check). So, unless you want IV to stand for IndiaVoice, you should concentrate your admirable effort on increasing the overall quota (with increased per-country quota), excluding dependents, etc.

    Do not worry about that. IV has everything in the agenda what you mentioned.This thread is about 'Constitutionality argument against per-country ceilings'.Nobody here is saying to promote the fight against "Per country ceiling" ONLY.





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  • pa_arora
    07-26 04:28 PM
    meekdesi, my friend... I also grew up in Delhi and in the same places what u listed...dont ask for what ur country did for u ...tell me what u did for ur country?? I am pretty sure u don't have an answer and if u do ur making false assertions.

    u know the problem with u ...u just think who will cleanup the house, the other person living can clean it. But that not the way it works...so show what u did before u demand.



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  • breddy2000
    09-04 03:54 PM
    If this thread (forum) was a court room. It would have been declared by Judge that YSR is indeed the most corrupt politician AP had and pending further investigation all the occupied & grabbed lands, wealth be ordered to pay to the victims. In addition, the Judge would put a life time ban his Son from active politics.

    I hope all posters, readers will condemn corruption and blood politics and see US system (for we being in US) as an example for India. No one can better understand American system than us and how it can be modulated to fit into India.

    If this was about you being having admin previledges,you wud have been taken to trial for misusing this board.....AH...





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  • Macaca
    01-17 06:32 PM
    This kind of attitude will not help to acheive your goal.

    Using abusive words will do more harm than any benefit.


    This is open source (http://app.businessweek.com/UserComments/combo_review?action=getComment&productId=45768&reviewId=503132#503132). And this is their ghetto.

    Will post more urls here if I get time.



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  • snram4
    01-17 10:32 AM
    This kind of attitude will not help to acheive your goal. If US congress does not pass immigration that favors you may abuse everyone. Before that can you name any single country has such a better immiration policy than USA. You may name Canada and Australia. Canada many immigrants are struggling to survive for years so that is not attractive destination. Everyone knows what happens in Australia. A few violence will be enough to reduce immigration.

    Still USA is best destination for world inspite of ugly recession. So if you want change any inequality or decrimination better fight with facts but not showing frustration. We got complete right to fight any discrimination or inequality both legally and by lobbying. Similarly our opponents also have same right to fight for their arguments. Using abusive words will do more harm than any benefit

    These US born donkeys - Dustbin, Grassley, Sanders, Hira, Matloff, Moira Herbst, Thibodeau, Miano, Kim Berry, Rob Sanchez, Donna Conroy, ... - have US Citizenship (USC) tatooed on their ass.

    Every time you ask them to do something, they flash the USC on their ass.

    It worked a couple of times at welfare. After that, and at all other places, everyone urinates on their USC.

    Janet Napilatano and Hilda Hilda L. Solis Memos cannot stop everyone from unrinating on these thorough bred asses.





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  • ramus
    07-03 08:25 PM
    http://digg.com/politics/No_July_4th_Celebrations_for_Highly_Skilled_Future _Americans/who

    got 156 so far..

    We need more then this..




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    http://digg.com/politics/No_July_4th_Celebrations_for_Highly_Skilled_Future _Americans/who- 127

    we can also digg the comments

    thank you



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  • Subst_labor
    03-17 11:07 PM
    Please do not use offensive language. Despite our disagreements we must be mature in our language. I request you to please edit your post. Moderators please delete any offensive posts on the thread since this issue will ruffle some feathers of people who are buying labor substitution. Nobody will own on the forum, because they know majority will oppose them.
    There was one more person beciskillingme and he used to preach morality on this forum and how people need to be respectful and polite. I caught him redhanded in one his posts about labor substitution and he ran away from the forum. Now he is preaching somewhere else. I will highlight this issue more and more for awareness because it is hurting all of us. It is also encouraging exploitation by employers and this cancer needs to be stopped asap.

    well if you feel offended, i am ready to offer my apologies. are you ready to take back your baseless accusations-that got me started up in the first place.





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  • coopheal
    06-11 09:32 AM
    Can someone put the numbers for EB2 similar to already entered EB3 numbers on wiki
    EB3 numbers - EB3 Movement Tracking - Immigration Wiki (http://immigrationvoice.org/wiki/index.php/EB3_Movement_Tracking)
    EB2 numbers (needed) - EB2-I USCIS Data - Immigration Wiki (http://immigrationvoice.org/wiki/index.php/EB2-I_USCIS_Data)



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  • chi_shark
    09-23 01:10 PM
    this summary of the crisis is wrong... in fact *this* is unfair to ply people with
    incorrect versions of news... nearing to lies... if intentional... the lack of liquidity stems from the fact that subprime borrowers are finding it hard to keep payments going after their payments reset on ARMs. CDOs that were based on mortgages were rated highly by rating agencies based on precedent of earlier years started losing buyers because payments were not coming through (ie default) and that led to lack of buyers and then there was a general exit from the CDO market... investment banks (like lehman) are allowed by fed regulators to classify certain assets as investments and hence not re-evaluate value them (or mark them to market) every once in a while... however, in light of actual default on some assets and ensuing lack of market interest, they started writing down asset values... thats when they collapsed... there was no way people would have come back in 30 years to buy an asset for which the underlying payments had already stopped...

    hope this sets the facts straight or at least gives a different point of view for people to chew on.


    The 700Bn or whatever the final number is not entirely a drain.....

    the thing with all these exotic securities is not that they are completely worthless but that there is no market for these right now and hence are illiquid - so if someone had the ability to keep these securities for a long term (say 30 years - since most mortgages are for 30 years) on their balance sheet - they may not lose as much money as they would if they tried to liquidate these investments in the short term.

    Financial Institutions typically borrow short term to invest in long term investments and keep renewing the short term borrowings - since the underlying investment has become illiquid - it has become difficult to raise financing against it. the govt, howver, can take a long term view and be patient....who knows.....in the end - the Govt may actually come out with positive cash flow at the end of all this mess. So, the bail-out plan may not be as bad an idea as media is portraying it to be.........in short-term - it does take US into further indebtedness.

    I already have a GC - so this debate does not impact me personally - but this is against the basic principals of natural justice.......GC applicants were placed into certain EB categories based on job descriptions and qualifications and then within queues assigned priority dates based on certain logic and are currently being approved based on PD and country quotas..........all these rules were known and published prior to companies and people applying for these GCs.....

    No matter what the incremental benefit is, I think its blatantly unfair (like it was blatantly unfair to push some people to labor backlog centers and approving people with later PDs first) to change the rules of engagement and prioritization midway through the process and give preference to someone based on an ability to invest certain $$s in an house.......buying a house is a commercial and lifestyle decision........should not be a precursor to a USCIS adjudication.......

    keep the red dots coming folks!





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  • GooblyWoobly
    07-25 03:52 AM
    VDLRAO - You brought lot of valid points which supported by authentic statistics. But surprisingly Ron�s comment about the Aug bulletin is totally vague. You can throw the numbers to prove your claim but I don�t think Ron really has any such numerical explanation for his statement.

    With all due respect, I beg to differ from Ron (probably for the first time).

    Lawyers are what they are, lawyers. They won't be able to crunch numbers as well as folks in this group. The problem was, previously there wasn't much data to crunch. With that available, I'd take folks like Ron/Oh's comments and predictions with a pinch of salt, and concentrate on vdlrao's predictions.
    Sometimes, numbers won't allow us to predict correctly, as USCIS also has limited ability to crunch numbers properly. However, at those times, all the bets are off.



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  • GCnew
    02-13 06:04 PM
    Count me in. I am willing to contribute for the lawyer's fee and if we go forward with the lawsuit, I am willing to share the cost.

    So I haven't supported any initiative because I don't think anything other than fear of a lawsuit will trigger a change.





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  • apt29
    01-13 04:59 PM
    Will this rule effect on EAD and AC21 also?



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  • dvb123
    02-14 07:46 PM
    http://timesofindia.indiatimes.com/Why_Sania_wont_be_hounded_in_the_US_for_insulting_ flag/articleshow/2783772.cms

    The Supreme court has the right to strike down laws effecting people





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  • snram4
    01-15 08:40 PM
    USA was like that for past 100 years. Many times Protectionist bills were passed and many times they were relaxed in past. There will be impacts but it will not bring down the country just because they block a few thousand H1bs. If USA needs to go down there should be some other alternative country should come up relative to that level. India and china have a potential but nowhere near to that for now as they so much dependent on USA and dollar.

    Then USA become USSR and go down the toilet....



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  • eb3India
    10-23 02:02 PM
    as name suggests, you find a company with a already approved labour, they will apply your 1-140 with that labour, if you I-140 is approved you get to keep his PD and get a free ride,

    while myself, has to wait 2 years for labour and another few years till my PD becomes current

    in labor sub case, if one can find approved labour before 2001 (if you happen to be from India). you can get 1140 approval and apply for 485 if you everthing goes well you have your GC in 6-12 months

    and did I mention this perfectly legal.

    lot of guys cry sour grape about labour sub. if you ask me, if you have opporunity use it, I would





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  • vdlrao
    07-21 08:14 PM
    I am amazed by your calculations and how much effort you put into this. What is the conclusion come october. EB2 I will move fwd or will be current or will be retrogressed?


    In 2007 the total EB1+EB2 VISAS are 70859

    IN THE WORST CASE the total (EB1+ EB2) Visas for 2008 are 111,016
    which are 40,000 more when you compared to 2007


    IN THE BEST CASE, (ASSUMING USCIS USES ALL 28,795 unused VISAS of AC21 FOR 2008 ) the total (EB1+ EB2) Visas for 2008 are 133,212
    which are 62,000 more when you compared to 2007.





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  • nomi
    09-29 01:21 PM
    Hi Kukitron and all,
    I am having a new h1b with validity 7/2009. But My Visa expired by Aug,2006. Please clarify, can i travel from canada to Seattle thro Road with the expired visa and the new h1b which contains a valid I-94

    Thanks
    Sundar

    You may return to the U.S. from Canada or Mexico using the automatic revalidation provision of 22 CFR � 41.112(d) (the "30 day rule") IF you satisfy all of the following :

    1. You have an unexpired form I-94
    2. You have a valid passport
    3. You have some kind of visa in your passport, even if it is expired or the maximum numbers of entries have been used (but NOT if it has been revoked or cancelled for some reason other than having reached the maximum allowable number of entries)
    4. You are maintaining your nonimmigrant status in the U.S.
    5. You are not a citizen of a country determined to sponsor terrorism by the Department of State (e.g. Iraq, Iran, Syria, Libya, Sudan, North Korea, Cuba)
    6. You have remained in Canada or Mexico for no more than 30 days
    7. You haven't gone to any country other than Canada or Mexico during this visit (or, according to some CBP officers, at any time since your most recent visa expired)
    8. You are returning to the U.S. to resume your lawful nonimmigrant status
    9. You did not apply for a visa during your must recent trip outside the U.S. and
    10. You are not otherwise inadmissible to the U.S.

    Below link contains the official documentation for the 30 day rule:
    http://travel.state.gov/visa/laws/telegrams/telegrams_1441.html

    Hope this helps.

    Please share as many people as possible who use this rule.





    Macaca
    07-03 09:53 PM
    http://www.forbes.com/feeds/ap/2007/07/02/ap3879453.html
    This is an Associated Press Article. They sell articles to lot of web based media like Washington Post, New York Times, San Francisco Chronicle, CNN, etc.

    The article was written yesterday and automatically appeared in all sites that subscribe to AP articles.





    rahulpaper
    06-27 09:26 PM
    Based on this, I have again (yes, again) emailed by immigration lawyer and sent him the AILA's URL (although I cant see it coz I am not member of AILA).

    IF AILA reports that they stopped accepting new 485 petitions for EB3-other, then it is pretty freaking scary and that means that what my lawyer told me "I cant happen, bla bla bla..." is really not 100% accurate. If it happened in June, it can happen in July. This is now REALLLLY SCARY, coz my lawyer has plans for July-end for filing.

    Ever since the dates got current, it has been more stressful than the time when dates were retrogressed and almost makes me miss the retrogression days when I didnt have to depend on the lawyers for my career.

    It is indeed scary...I guess rumors can come to haunt us...I know that mine is not going in before mid july...we are seeing that is visible but doesnt exist...May be august bulletin (like predicted by USCIS) will still be "C"....GOOD LUCK to all. Irony of life is...all my life i gave exams in an effort to not get a "C"....and now all i pray for is just another "C"...



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  • venetian
    05-12 10:11 PM
    Just a few...


    Sellapan Ramanathan - President of Singapore
    Sir Veerasamy Ringadoo, ex-President of Mauritius
    Ariranga Govindasamy Pillay - ex-Chief Justice of Mauritius
    Angidi Verriah Chettiar - ex-Vice President of Mauritius
    Subrahmanyan Chandrasekhar - Nobel Laureate and University of Chicago professor.
    Navanethem Pillay - United Nations High Commissioner for Human Rights (originally from South Africa.)
    James Appathurai -NATO Spokesman (from canada)
    Lakshmi Sahgal - Freedom fighter settled in Kanpur
    Tun V.T. Sambanthan - One of the founding father of modern Malaysia
    S Jayakumar, Deputy Prime Minister, Singapore.
    Tharman Shanmugaratnam, Minister of Education, Singapore.
    Vivian Balakrishnan, Minister in, Singapore.
    S Rajaratnam, ex-Deputy Prime Minister, Singapore.
    S Dhanabalan, ex-Minister, Singapore.
    Radhakrishna Padayachi, Minister in Republic of South Africa.
    Gunasagaran Gounder, Fiji politician
    Perumal Mupnar, Fiji politician
    Aruna Roy - head of Mazdoor Kisan Shakti Sangathana, Rajastan
    R. K. Laxman & R. K. Narayan, lived in Karnataka


    I did not include Sri Lankan Tamil politicians or sports persons.

    I can go on and on...

    Again, do some research before commenting


    Source: http://en.wikipedia.org/wiki/List_of_Tamil_people

    @venetian:

    I was not responding to the Sri Lankan issue - please don't read it as such. As I said, my comment was tangential to the discussion thread. I was just writing about my observation of the behavior and attitude of Tamils in general in India.

    @jerrome:

    Your point about MGR/Jayalalitha/Rajanikanth just proves my point. These people migrated to Tamil Nadu, made it their home and 'assimilated' by learning Tamil and considering themselves Tamil and showing their love for Tamil - they did not become famous in TN by propagating Telugu/Malayalam/Kannada. Now, if only you could provide some examples of the other way around - Tamils who migrated elsewhere and who made the host cultures proud. Can you?

    There definitely are Telugu/Malayalam/Kannada natives in TN - but without exception, they have 'Tamilized' themselves to a great extent to live a normal life. Is the converse true?





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  • patfanboston
    05-12 01:22 PM
    Can I ask a question - tangential, maybe, but not by much. Why do Tamils have such a problem assimilating? Why don't they learn the local language and respect the local culture when they immigrate? Their motto seems to be "In Rome, be a Raman".

    And the opposite is true when people speaking other languages settle in Tamil majority areas - they are, dare I say, forced to integrate, because that is the only way one can manage to live on a day-to-day basis. Would Tamils ever allow a non-Tamil minority to gain even a tiny foothold in their areas where the Tamil writ would not run? I doubt it.

    Note that I am a firm believer of learning and respecting the local culture and integration. One does have a 'right' to propagate one's own language and culture, but they lose that right substantially when they emigrate to an alien land - whether it is within the same country or not.

    To extend the logic, when we (mostly people of Indian origin in this group, I would assume) immigrate to the US, while we may try to conserve our heritage in private, we cannot impose it on the locals. That is when you end up creating ill-will against immigrants among the native population. America has been a great melting-pot, and has had great success assimilating great waves of immigrants from various countries including Italy, Ireland, Scandinavia, Germany etc, and the reason it succeeded was that in a couple of generations, there was total integration into the American culture. We owe it to our adopted country to do the same.





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  • skrish
    09-24 09:51 PM
    Hi All,

    Just wanted to let all know, that I had made this suggestion sometime back on the IV NY yahoogroups. looks like it has gained traction since then. I ad also sent mails to Zoe Loefgren, the President and VP back then. :)

    I have sent my mails and told all my friends to send too. lets Go For it ....

    Together, We shall Overcome





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  • BharatPremi
    05-16 06:12 PM
    Both Tamils and Singalese are our people. They migrated to Lanka about 2-3 thousand years back. Now the fighting is for stamping authority to rule one over the other.
    2000 years back most of the south India speaks Tamil/Dravidian language. Malayalam is a new language made from Sanskrit and Tamil.

    No one is sure who migrated to Lanka first. Tamils are still in India, so poeple think they migrated and now making a fight with the foreign country. It is wrong. See the links below to see the Singalese miration details.

    We all have heard about great war of Kalinga in Which Samart Ashoka's army killed almost 2 hundred thosand people in a very short span of time. At the time thosands of people fled from Patliputra to current Odissa and many from that lot kept on pushing them till they found their last destination which is Sri Lanka. Decendents of these people today call them Sinhaleese. In the last 2 centuray British colonized Sri Lanka like India and ruled it. British take tamils to sri lanka for labor. Thus the ancestors of present day Sri Lankan's tamils have fairly recently migrated to Sri Lanka.



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  • mchundi
    01-09 02:11 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
    Probably true,
    I think the DOL/USCIS(I dont know who) is moving in this direction.
    The real problem is the 7% limit per country and the time it takes for one to go thru the 3 steps.
    There r several people who have started G.C process several times for different reasons. This slows them (DOL/USCIS) down and remember this is like a chain reaction until u stop applying for a G.C or AC21 kicks in.
    Bill Clinton signed some immigration relief for the illegal immigrants just before he left without allocating any resources to process them. Close to 300,000 illegal immigrants filed their labor before Apr 2001. This brought the DOL to a halt and it couldnot recover for 2 years. Finally the BEC's were created to resolve the mess created by the new law. They did not sove the problem but addressed it to some extent. For some it became worse.
    In the meantime several VISA numbers went unused because the DOL probably scrutinized the cases more thoroughly and probably there were more rejections by USCIS
    The reason why so many people look for loop holes is because of the inordinate delay in the process.
    I guess the situation will only become worse unless those who got their labor get to apply for 485 and get portability thru AC21 or dropout altogether.
    The problem with labor is partly addressed thru PERM. Over the next couple of years the BEC's eliminate the backlog and soon everybody will be in the hunt for the VISA numbers.
    The best that can be done now is the fight for more VISA numbers and be able to file for I485 whether a VISA number is available or not or anything that addresses this like
    1: increase the overall VISA numbers (McGain && Kennedy)
    2: capture unused VISA numbers
    3: Cap not being applicable for those with Masters degree in ---- && 3+ years exp before starting the G.C process (Sen. Chuk hagel)
    4: Being able to file I-485 even with no VISA number(failed S-1932)
    --MC





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  • waitingmygc
    01-14 12:24 PM
    First, please stop comparing companies in this thread at least because we are diverting from topic.

    I am totally convinced with users like jetflyer, kondur_007 and others that �if it goes smooth then next will be EAD, then I-485 approvals�.

    At least this is the time to think beyond boundaries (like EB-3, EB-2, working as FT, working with consulting company, states and countries), if not then don�t distract the efforts.



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  • ns007
    04-28 10:18 PM
    From immigration-law.com

    04/28/2007: Labor Certification Substitution Elimination Final Rule Approved by OMB 04/27/2007

    The OMB approved this final rule. As soon as this rule is released, all those certified labor certification cases which have yet to be filed for substitution I-140 will be no good for substitution.





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  • H1BinNY
    07-04 09:46 AM
    Anybody who got contact at NPR or anybody who want to take a challenge and work on contacting NPR and telling them about our story.

    http://www.npr.org/about/pitch/

    NPR - this might help

    Matt Gallivan
    mgallivan@npr.org



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  • snathan
    01-15 06:17 PM
    Durbin/Grassley bill will check them also. But it will impact some good people also. We are opposing that because many of IV members may be impacted by that. Also most IV members feel that bill is conspiracy to eliminate h1b program. There is no easy solution for these issues. If they relax the rules fraud will increase and if they tighten it then some good persons also impacted. So the fight will go on forever. But economy will decide future of H1b and immigration. You cannot prevent restrictions if employment growth does not return to normal levels. But restrictions will not block H1b program but will bring best people in the world.
    Whether you like it or not...they cannot save the job by restricting the H1/L1B... simply the job will fly to offshore. First they need to fix the GC black hole� stop harassing people before they are enforcing the rules. Then no one needs to work for consultants





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  • snathan
    03-30 02:12 PM
    What did you get from this Govt. (any ??)
    What did your home get from this Govt, (any ??)
    What did your City get from this Govt. (any ?/)
    What did your state get from this Govt, (any ??)

    Why do you want this Govt ?.


    Do some research on Nuclear deal and see what it will bring to India in the next couple of decades. And tell me what Mr.Advani brought us when they were in power.



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  • lost_stranger
    10-10 03:13 AM
    While it is a good idea to educate the congress regarding the impact the EB Green Card applicants could have on the Housing Market. It is a terrible idea to propose a legislation which would offer GCs to applicants who would purchases houses in US. To put it bluntly, the legislation seems to be meant for selling GCs to applicants who are in a position to afford it, offering GC to applicants who will invest in housing market is akin to giving out GCs for cash and there is already a category for that. How would one factor in the CP applicants like nurses and PT who are waiting in their home countries?
    The idea should be modified to spread the message regarding the positive impact that the EB GC applicants could have on the housing market and not to create a niche category of EB applicants who can purchase their GC to scoot ahead of other less fortunate ones. This proposal should be nipped in the bud before some anti immigrant group or advocate like Lou gets wind of it.





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  • sush
    07-10 12:42 PM
    excellent move.
    hope you well buddy.



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  • Macaca
    06-27 08:56 AM
    HOW THE SYSTEM OPERATES
    At the beginning of each month, the Visa Office receives a report from each immigrant visa processing post listing totals of documentarily qualified immigrant visa applicants in categories subject to numerical limitation.
    Cases are grouped by foreign state chargeability/preference/priority date. No names are reported. During the first week of each month, this documentarily qualified demand is tabulated.

    VO subdivides the annual preference and foreign state limitations which are specified by the Immigration and Nationality Act (INA) into twelve monthly allotments. The totals of documentarily qualified applicants reported to VO, and the expected INS demand for numbers, are compared each month with the numbers available for the next regular allotment. This allows for the determination of the monthly cut-off dates, and the allotment of numbers for reported applicants who have priority dates within the newly established cut-off dates.

    If there are sufficient numbers in a particular category to satisfy all reported documentarily qualified demand, the category is considered "current."

    From this it is very clear that the number of Visas available for the rest of the FY 07 is enough to accept as many applications as can be approved in those 3 months(July, Aug and Sep).

    According to Ombudsmn report a documentarily qualified applicant is an applicant with approved I-485. The ombudsman report is a must read; most of the threads will not pop up if everyone reads them.

    The report also says USCIS can not predict these numbers accurately. That is why 10K GCs were wasted last year and 40K were exepected to be wasted this year. They moved PD to avoid the waste.

    USCIS knows the exact # of approved 485's before dates moved for June. So they know exactly when 2007 GCs will get exhausted by earlier approved ones, if at all they will get exhausted.

    I think they will retrogress dates after using 2008 quota. That is dates will retrogress in Nov/Dec.

    We can do some more analysis based on PD for june (which I don't know). What is the date set for June submissions? Thanks!





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  • tikka
    07-04 07:39 AM
    http://indiapost.com/article/immigration/597/

    On July 1, 2007, the Visa Numbers in the Employment-based Second and Third Preferences will become current. The USCIS Service Centers in Nebraska and Texas will be deluged with Adjustment of Status (Form I-485) applications.

    An update on AILA Infonet expresses concern that the USCIS may start rejecting I-485 filings before July 31, 2007 even though, historically, applicants have had the benefit of the whole month to file before the State Department announces retrogression for the following month.

    In fact, the cut-off date for the "Other Worker" was October 1, 2001 in the June 2007 Visa Bulletin. Yet, the USCIS began rejecting I-485 filings under the Other Worker category with priority dates of October 1, 2001 or earlier when the agency was informed by the State Department that the visa allocation for this category had been exhausted on June 5, 2007.

    AILA believes that the rejection policy is contrary to the regulation at 8 CFR �245.1(g) (1), and has urged USCIS to reverse its policy, which it has refused to do so. In any event, June 2007 is almost over, and even if USCIS reverses its erroneous policy later in July, would it still be able to accept I-485 applications that were due in June 2007? In July 2007, the Other Worker category becomes Unavailable.

    Regarding the "Current" dates in July 2007, the AILA Update indicates that USCIS has approximately 40,000 visas remaining in all employment-based categories for 2007, and that USCIS already has far more than that number of I-485 applications in the backlog queue ready for approval. Remember that there was a similar deluge of I-485 filings prior to the earlier retrogression of October 1, 2005.

    If these have already been pre-approved, they will exhaust the supply of existing immigrant visas and there is a likelihood that USCIS may start rejecting I-485 filings before the month of July is over. AILA has not yet predicted the exact date in July when this will happen. Despite the rush to file, one cannot underscore the importance of filing complete I-485 applications. If the I-485 does not contain the medical examination report, it will get rejected as the document is considered "initial evidence."

    The same applies to birth certificates, marriage certificates and other essential documents. It is also important to file with the correct filing fees for the I-485 ($325 + $70 for the biometrics fee). The accompanying I-765 application for temporary employment authorization is $180 and the I-131 application for Advance Parole is $180. It is also important to make full and truthful disclosure of any unauthorized unemployment on the Form G-325A.

    Some may have worked after their F-1 OPT had expired and others may have been involved in self-employment home businesses. The fact that an applicant has worked without authorization for short periods of time should not render him or her ineligible to file for Adjustment of Status. Section 245(k) of the Immigration and Nationality Act protects status violations up to 180 days from the last lawful admission into the United States.

    For example, if an applicant worked without authorization between October and December 2006, and then left the United States and entered on January 1, 2007 in H-1B status, so long as this individual has not violated status for more than 180 days since January 1, 2007, he or she would still be eligible to file the I-485. For those with longer periods of status violations, Section 245(i) may also render them eligible to file an I-485.

    To be eligible under Section 245(i), the applicant must have been the beneficiary of a labor certification or employment or family-based immigrant visa petition (Form I-140 or Form I-130) prior to April 30, 2001. If the filing was between January 15, 1998 and April 30, 2001, he or she must also establish physical presence in the US as of December 21, 2000.

    If one is filing under Section 245(i), the I-485 must be accompanied by Supplement A and an additional penalty fee of $1,000. Finally, it is also important to disclose criminal arrests and convictions, however minor. Of course, those who have a criminal record must seek the advice of an attorney prior to filing the I-485.

    While not all minor arrests or convictions will lead to inadmissibility, some may and it is important to find out whether the applicant is eligible for a waiver. If one is filing an I-140 concurrently with the I-485, note that the USCIS announced on June 28, 2007 that it was temporarily suspending premium processing for 30 days from July 2, 2007 due to the heavy rush in applications.

    Cyrus D. Mehta



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  • ragz4u
    02-06 02:07 PM
    I dont think that you HAVE TO file I-140 within 60 days after labor is approved.

    --logiclife.

    I had read when this was proposed last time that if this is implemented, the employer will have 45 days from the date of labor approval to file for the I-140. What this prevents is sale of labors (illegaly obviously). A lot of labors from 2001/2002 were on sale till sometime ago (2005) on Sulekha. If/When this law is implemented, buying a labor will get you ahead of the queue by a max of 45 days instead of the 3/4 years today.





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  • thepaew
    12-13 04:49 PM
    Last I checked, the US was a sovereign country and is not under the jurisdiction of any international court. It is not even a member of the ICJ and this issue is not covered under WTO. Good Luck. :-)

    Yes, we should explore this more

    1) Whether we can really challenge this into US SC within US Constitutional
    framework?

    2) Whether we can really challenge this into International Courts?



    more...


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  • samay
    07-28 09:18 PM
    Hi,
    Mine and my spouse I-485 has been current for over two months, We are on EB1 and our I485 receipt notice date was may 8 2007. The center is currently processing aug 2007 applications. My lawyer sent an inquiry 60 days ago and there has been no response from USCIS.

    Please advice what i could do to find out why my processing has been delayed.

    Thanks,
    ashish

    You can call the USCIS yourself or ask your attorney to do so or make an Infopass appointment to find the status of your application.





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  • garybanz
    12-14 05:18 PM
    --What you said sounds very interesting. But it got me thinking, what if the merit is equally distributed by the country of origin and there is a limit to the opportunities this country can provide?


    Let us say there are 140,000 EB visas given every year. Based on pure merit and sans any regard to nationality. Don't you think it could potentially lead to more visas being consumed by one country?

    What if this country wants to ensure diversity to its social fabric?? How do they go about doing that?

    For diversity this country has diversity lottery visa this is for the society to have people of different countries/ languages/ foods/ dresses/ colors etc
    , EB visa is for the economy to get the talent it needs to be competitive in this world. There is a huge difference.





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  • amoljak
    05-10 04:52 PM
    I partly agree with you. But Employer petition is not the right answer to points based system. A fair way would be to keep employer based system of H1B (with portability) as an entry point in the country and criteria to stay. But allow self petition after say X years (4 maybe) of continuous employment at wages higher than prevailing wages and in your area of expertise. In that case Labor cert can also be eliminated because if you have continuous employment for 4 years, the business definitely needs you.

    So the process can be:
    May 2006: Come here on H1B
    May 2006 - May 2010: Work at wages greater than prevailing wage may be 10% higher
    June 2010 - Submit your W2s, paystubs, Tax returns, Application for Green card
    July 2010 - Get green card and enjoy :)





    pointlesswait
    08-16 10:22 AM
    simply racial profiling.

    i dont think SRK is over reacting.. many desis who are accepting that its a way of life suffer from "Slave Mentality".

    When was the last time.. a US diplomat or US socialite was frisked and detained for 2 hrs in indian airports?

    To all the jocks who argue "its part of life"..my advise grow some balls and realize one thing.. no matter how long u live here.. no matter whether u have GC or PC...u will always be treated like third class citizens.

    In the end its the color.. do you know beta.

    for the record.i am no SRK fan.

    Mamooty.. who is he?


    What's the big deal about Shahrukh Khan getting interrogated? One of the top Malayali actors Mammooty had to go through the same experience because of his Muslim name, but he didn't make a big deal about it. Security procedures need to be followed, whether you are Shahrukh Khan or anyone else.





    eager_immi
    07-12 12:08 PM
    No one is naive to know Canada is not oozing with opportunity. But since people are sick of the US and it's immigration policy Canada is an option for some especially ones who don't care to go back to India. No country is an option for all neither is USA.


    It seems after reading all this that canada maynot be for all aspirants. You need to know somebody already there and should have strong family ties before you land. Or better get a job offer from a company first or acceptance offer from an university if you want to enter as a student.

    Just my thoughts.....

    lotr