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Saturday, July 2, 2011

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  • alisa
    06-28 07:41 PM
    There is nothing we can do.
    So relax.

    If your AOS is meant to be filed in July, then it will be filed in July.
    If not, then it won't. And things will be similar to the way things have been for such a long time.





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  • it is ok
    09-23 12:19 PM
    Kudos to person who started this thread. A Brilliant Idea..Minimally, even if it helps few hundred people in couple of years, this is more than worth. I will send mails. Thanks for your untiring efforts in the face of adversity..





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  • mundada
    07-22 11:05 AM
    USCIS recently added one more constrains on 2 year EAD (i-140 should be approved in case of concurent filling).

    My I-140 was approved more than a year ago. My I-485 was applied last July and hence was not concurrent filing.





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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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  • syendu1
    01-14 04:32 PM
    Mr Syendu after replying to all abusers my mind has pretty much been fogged up. Contrary to oipinion i am also working while blogging so there is the added pressure.

    So now having read through your post (I appreciate no abuses) i get the jist of what you are saying so forgive me if i do not reply line by line so here is my answer

    EB1/EB2/EB3 rule was never disputed by me. That is law and will never chaange. i dont like it but i will go with what is the law.

    Yes i will NOT convert to EB2 because i have already spent time and energy for the first GC app. (In case any abuser is wondering the gc was paid by company so it is not the lack of funds or lack of companies willing to file for EB2 for me which is stopping me). Sure people are converting and all the best to them, but my point is what about people who cannot convert. Maybe someone has got 2 kids and single earner and he does not have the time or money to do a masters. Maybe some one is so tired working a job which is busting his or her ass off and has no energy to do that. If we think about it there are a whole lot of reasons why a person cannot do a masters. And to that complexities there are very few companies which are willing to sponser EB2 nowadays

    So my plain speak is that just because every member in IV has a masters and is in EB2 or can do masters and convert from EB3 to EB2 does not mean that the majority of people out there can do the same so IV members giving advises like below ar enot only impracticle but also broder on hig handedness. Their contention is that we did it why can you not. If you cannot you must be a low skilled person who has scrapped through into the country and deserves to wait a long time for a visa.

    Please remember that EB2 or EB3 is not a straighjacket and theri are people in both the groups who do not belong there and belong in the other group


    Just for information i do have a masters

    Visa recapture and not counting the dependents will help the immigration community only if it happens. I see nothing on the horizon which says that it will happen. As another iV member pointed out no immigration friendly bill has come for debate in the last 4 years and that is with a democratic majority which is immigration friendly as some IV members like to point out. So with such a situation piece meal efforts must be made but piece meal efforst should be directed to the heavily retorgressed community because teh big bills if and hwne they happen will fololow teh regular rule anyway

    And finally i would like to say you have been most polite and respectfull and i am honoured to discuss thiongs with you

    JAI HIND

    well, the people who are in eb3 and cannot do anything about it, for reasons that you quoted, i agree, it is a pity. but, you know what, "life is not fair".

    it is a good thing u worry about others, and want to help them. however, when u look at those bills you mentioned and none getting passed. yes, it may look like a waste to do anything. however, we need to keep trying. with the limited resources we have, i think we should focus on "things/bills/issues" the IMPACT most people. doing something only for eb3 or eb2, in my opinion, would be even more difficult, given the progress legal immigration has made in this country. so, may be, u cud help in getting the things done that impact more people.

    and it is ur decision not to go eb2 (even, with the resources you mentioned). have to admit, thats strange. may be u r like me, who is not obsessed with a gc. however, we live in a society, in a system (however flawed it may be), and we all try to live by those rules, try to use opportunities that are available legally and make our lives, a little better.

    i came to this country in 1999, i have a MS, PHD from a reputed Comp Sci program. Many people who (still) dont know much about Computer Sci. came into the dept, got their MS and have been very successful, making tons of money. i am a guy whose bs, ms and phd is in Comp Sci. i think u will find may 2 or 3 guz out of may 10, who have a degree in CS, particularly in the undergrad. i used to be very mad at all the electrical, mechanical etc guz getting software jobs. i used to hate almost all software professionals coz i thought i had to work very had for my ranks, on my gpa and on my degrees and see there are people who are making as much as i do, with none of that. slowly, but surely, i have come to terms that "life is not fair" and then, what if fellow human beings can get good jobs, whats wrong with that?? is how i started to see it, (as long as they are good enough).

    what i am trying to say is please think in a global scale and help solve issues which can impact the MOST number of people and not just a minority. coz, the exceptions u stated, will be there for any issue.

    Jai Hind





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  • bayarea07
    07-22 12:18 AM
    Here is the response i see in Greg Siskind Blog
    -----------------------------------------------------
    Hi Ash - Hard to say. Clearly, the jump in EB-2 numbers this month was meant to try and ensure that the maximum visa numbers get used this fiscal year. If USCIS is still far off from using the numbers, then I could see the dates going current. Then, of course, you have new numbers available for October so the dates may move forward anyway.



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  • ita
    03-31 07:00 PM
    Even Muslims in Gujarat have started realizing congress is good for nothing.Congress just makes promises that it never keeps up.Uses opportunistic politics.well of course you create opportunities that are helpful to people which will bring prosperity along with awareness.Increased awareness among masses means end to dynastic rule.So why keep up promises and shoot your self right?

    On the other hand Modi who doesn't even need Muslim votes in Gujarat has worked for overall development. In terms of this Imam from Gujarat;
    'Seeing him work for two or three years after the riots, Muslims too felt they had an opportunity to prosper in the peaceful environment that Modi government was creating. He has provided an atmosphere which is conducive for those who want to trade peacefully in Gujarat. Therefore, intelligent Muslims supported BJP during 2007 Assembly polls'

    Apparently there this group called ,'Tablighis ' who have foreign funding ( which was of course was checked by Modi govt) working towards keeping the hatred alive.It's anybody's guess who benefits from such hatred apart from congress party.

    This guy also says:
    'But let me tell you, projection of 2002 riots was much more grave than the situation actually was. '


    I agree with you that though a guy has a great leadership skills, commanding speech, great administartive and management skills, if he committed/aided the crime, he has no right to hold the office

    But you know congress party that orchestrated sikh riots went to form govt ,Rajiv Gandhi speaking about sikh riots said 'When a banyan tree falls earth will shake' then he went to be country's PM indulging in all kinds of scams.Now his wife,children are holding offices.Congress party guys directly involved in the attacks also keep getting party tickets.That OK?

    Agree hard work,entrepreneurship and other such qualities are in gujaratis's blood.Intersting how until Modi that time of prosperity never came.

    Most of Telugu people are in I.T , but time for Hyd to get onto International map didn't come until CBN.Again during the current Congress regime in Hyd that time kind of took back step.

    Name of that time is good governance.

    Well said. It is similar to Bill Clinton takes credit for revolution in IT area. It is all time. Gujarat prospered becuse of successful bussiness minded people. Growth was aided by high demand for export. I agree with you that though a guy has a great leadership skills, commanding speech, great administartive and management skills, if he commited/aided the crime, he has no right to hold the office. See the Alska Senator..He was one of the most successful politician and elected many times from alska for Senate. Now he is in jail at his very old age, just becuse he got money from oil comapines to renovate his house.





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  • luncheSpecials
    02-15 04:38 PM
    I totally blame bodyshoppers for the mess



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  • hopfully_gc
    07-24 02:23 PM
    question for lawyer.
    please find my details and dates as per below. my questions are as below.
    thank you

    First H1b approval Date:08/28/2001
    First H1b Stamp: 12/04/2001

    first H1 transfer:notice date: 05/16/2002
    first H1 Transfer approval date:09/25/2002
    second H1 Transfer Notice Date:03/20/2004
    Second H1 Transfer Approval Date: 09/10/2004
    First Permanant Labor Apply date: 02/28/2005
    H1 Extention on second H1 transfer:04/01/2007 to 03/31/2010

    Filled I-140 in March 2005 after Labor approval from backlog centre.
    filled I-485 in July 2007.
    Got RFE on Ability to Pay in sep 2007
    Filled Motion to reopen which got denied.
    Another Company filled Labor in March 2008.
    Labor got approved in May 2008.
    Filling I-140 in primium ?????


    question:
    H1 expiring in March 2010. will my H1b get extended based on the new Labor even if the labor was filled after the six years limit?
    do you think filling I-140 in primium will help in this situation?
    Does the out come of I-140 affect any other new application from another or same employer?





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  • deepakjain
    01-22 11:18 AM
    The solution for this is to talk to USCIS thro IV or AILA or both. If that will not work then lawsuit will be the option if USCIS violated any law. If that also fails then legistrative option to realx the rules. If first option does not work then others are long shot. If nothing works then do not join bodyshoppers.

    At Chicago POE, immi officer took my passport and 797 [entire bunch of papers] called up my HR Manager and after speaking to my HR manager gave me I-94 until 1st April 2012 [date on my 797].

    Note: Please have off hrs contact/Cell number of your HR manager and your manager

    Regards,
    Deepak



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  • vdlrao
    07-16 06:05 PM
    EB2 is current now..."EB2 will be current within a year" gives an impression that EB2 which is not current will get current in one year...

    I mean EB2 India will be current with in a year.





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  • lazycis
    12-13 01:07 PM
    Here is what the Supreme Court said:
    http://supreme.justia.com/us/426/67/case.html

    "The fact that all persons, aliens and citizens alike, are protected by the Due Process Clause does not lead to the further conclusion that all aliens are entitled to enjoy all the advantages of citizenship or, indeed, to the conclusion that all aliens must be placed in a single homogeneous legal classification. For a host of constitutional and statutory provisions rest on the premise that a legitimate distinction between citizens and aliens may justify attributes and benefits for one class not accorded to the other; and the class of aliens is itself a heterogeneous multitude of persons with a wide-ranging variety of ties to this country.
    In the exercise of its broad power over naturalization and immigration, Congress regularly makes rules that would be unacceptable if applied to citizens. The exclusion of aliens and the reservation of the power to deport have no permissible counterpart in the Federal Government's power to regulate the conduct of its own citizenry. The fact that an Act of Congress treats aliens differently from citizens does not in itself imply that such disparate treatment is "invidious."
    ...
    The real question presented by this case is not whether discrimination between citizens and aliens is permissible; rather, it is whether the statutory discrimination within the class of aliens - allowing benefits to some aliens but not to others - is permissible."

    The SC concluded that the statutory discrimination within the class of aliens is permissible.



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  • unitednations
    02-13 01:17 PM
    Any of you want to join with me with this drive? Let's form a group and sue the USCIS for misallocation of visa. If any one is interested, please PM me.


    Further division is not good.

    I was on record that DOS/USCIS misallocated visas in 2005. India received much more in eb3 then what they were entitled to. In fact, India, China, Mexico and Phillipines should have not gone over their 7% as a whole of the 250,000 greencards available. Because of this; dos/uscis learned their lesson and started to follow the law appropriately.

    I did say that if in 2006 any country went above their limit of 7% then it would cause a lawsuit which I would be a part of. However, there would be some negative outcomes from it. UScIS/DOS behaviour could only change going forward. They could revoke the greencards issued in 2005 for people who went over the 7% limit (uscis has upto 5 years to rescind greencard if approved by mistake) but they would not get re-allocated because there is no carryover from one year to the next in the current law. Only outcome would be to change it going forward. As I've said in the past; people were spoiled at the laziness of DOS/USCIS. Retrogression and the visa allocation should have happened a long time ago.





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  • Mani
    12-13 01:38 PM
    I understand challenging the law could be a costly affair.
    If congress can amend the law to exlclude country cap for Amensty programs and undocumented workers (Comprehensive Immigration Reform) then why should it be difficult to use the same yardstick for Employment-based category or any other category for that matter ?



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  • aka
    12-13 11:50 AM
    Discrimination in employment based on nationality is not allowed. However, can we extend the argument to the employment based immigration? We can always choose to take that promotion though we will lose our place in the queue.

    Leaving the question of fairness aside, under the current legal framework my guess is we do not have a case.

    This is a very interesting angle... even though on the surface it looks like we have a choice in taking that promotion and losing our place in queue, it is not really a choice. Do this a couple of times and your six years on H1-B expire, you basically have to leave your job and go back to your country. So taking a promotion is eventually a dead end. I think by extension, we can legally argue that this per-country based quota system is really (inadvertently) leading to discrimination in our employment based on nationality (which is unconstitutional).





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  • geevikram
    01-22 11:26 AM
    At Chicago POE, immi officer took my passport and 797 [entire bunch of papers] called up my HR Manager and after speaking to my HR manager gave me I-94 until 1st April 2012 [date on my 797].

    Note: Please have off hrs contact/Cell number of your HR manager and your manager

    Regards,
    Deepak


    Deepak, are you a consultant or FTE?



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  • bestia
    02-15 01:10 PM
    Thank U all for your quick answers&good advice.It feels good to know I have new friends who can help me with my questions.
    About the cheques u're right, that's how we have done it. Separate personnal cheques for each of us, easy to track online.
    Hopefully we are not out-of-status and my husband's employer is not on th black list.
    How couldn't I figure it out by myself what IV means????Shame,shame...

    Dyana, I thought you are the primary applicant. In your case - yeah, you are free to use EAD once you get it. It's your husband who should be maintaining 180 days, "same or similar", etc. I got my EAD on 11th week (I am primary applicant). Some people get earlier, some later.

    You have good chance of approval, because we are current and I suspect we will be current several months from now. I-485 approval is like a lottery. It can be approved in 1 month or your application can rot for years. Lottery :)





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  • BharatPremi
    12-14 02:23 PM
    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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  • jayleno
    07-21 06:17 PM
    I'm enjoying this thread more than I enjoyed the predictions one. I'm imagining a qucikstar star reading this thread and smiling to myself. My wife thinks I'm reading a joke on the internet.

    Keep them coming guys.





    thomachan72
    09-15 02:07 PM
    Dont know where you guys get all this information but this thread is like a lamp when you are gropping in a dark cave. The tone seems to be very mild (no hatred / quarelling) and everybody seems to maintain and spread a positive attitude. One thing is undeniably true and that is a positive attitude / outlook always attracts positive things. I encourage everybody to purposefully cultivate positive thoughts (eg:- "something surprising good is going to happen").





    nozerd
    03-19 05:36 PM
    You would be taking a big chance if you are out for more than 3 out of the 5 yrs. They will still allow you to enter but ask you to go for immigration hearing and then its up to the judge.
    Instead why dont you do this
    1) Start building Canadian resume, get a canadian number and address and start sending resumes.

    2) If there is interview go attend the interview

    or
    3) Take your annual vacation gothere for 3 weeks-1 month and see if you can make inroads.



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