Wednesday, August 10, 2011

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  • GCwaitforever
    06-21 04:11 PM
    The problem lies with entire GC process being Employer-centric. Employee is just a pawn in the game. Employers can do whatever they want. The market test for LCA conducted by DOL itself is so ridiculous. How would a test conducted in 2002 be any relevant for a Greencard application that would be approved six or eight years from that date?





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

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

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





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  • delhiguy
    01-05 04:50 PM
    Moderators , Pls delete this thread. Why is the thread posted on a immigration forum. :mad:





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  • samay
    07-06 11:35 AM
    My wife came to US on L2 visa. We applied for her H1 in April'07 and got selected in lottery :). She has been working since Apr - 07 with the same company first on EAD (from L2) and then on H1B. meanwhile we got lucky in July 08 and applied for 485 for both of us. We came back from India in Mid May using AP after one month vacation. ( we have EAD and AP). She stopped working 2 weeks after coming back and hasnot worked since. My quesion is
    --- What is her current status ?
    --- Can she start working on her EAD and abonden her H1B?
    --- Will she be able to come back on H1B or H4 ( I also have H1B now)

    :(


    Hello,

    Your wife 's current status is pending adjustment of status (pending 485) or a parolee. Yes she can commence working immediately on her EAD. However should she want to enter the US on a H-4 visa she would need to have an approved H-4 petition and get her visa stamped outside US to enter on H-4 visa into the US.


    =============================================
    Immigration Attorney
    Licensed to practice US Immigration Law and practice concentrated on US Immigration Law & Nationality Law

    Disclaimer: This information is general in nature and is not intended, nor should it be construed, as legal advice. This post does not create any attorney-client relationship between us. For specific advice about your particular situation, consult an attorney.



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  • GCVictim
    08-24 11:48 PM
    Dear Immigration Attorney,

    Can I out of US with old AP and returned with new (renewed) AP?





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  • Marphad
    05-19 10:06 AM
    Illusions, Thanks Bro!!

    Marphad, I have posted less than 20 posts in this forum and I have never posted anything anti-immigrant. The most number of posts I have ever posted was in this thread.

    And that was because I saw some people posting misleading information about the Sri Lankan war and I wanted everyone to see at least what I consider to be the real situation. I can't help it if people have trouble listening to different opinions and different sides of the story but this is a public forum and I have the freedom to post what I feel as long as I don't cross the line.

    In any case, I am too happy today to be wasting my time on petty stuff like these.

    Hasta la vista Baby!!!! :D

    Would you consider updating your profile please!



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  • msyedy
    03-19 01:02 PM
    Try this http://britishexpats.com/forum/forumdisplay.php?f=33

    If you need help post there ....other small questions I can help u (free)

    I am not a lawyer, but I can do it for you. I can gaurantee that you will get it if I do it. It is very very very simple. You can do it too.
    But you think by moviing to Canada you will be in a better position.
    I am a canadian immigrant and have been in US since I got my canadian GC because they do not have any jobs, I just took it during recession so that I can go to canada if laid off and it will be easier for me to come back to america.

    Many of my friends have moved back to US after migrating because of the unemployement reasons. High Taxes.

    It is upto you, I wish you best of luck, If you want to move





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  • longq
    02-13 07:10 PM
    (a) INA 202(a)(3) states that the total number of visas available under both subsections (a) and (b) [...] exceeds the number of qualified immigrants [...] (2) shall not apply [...]. In your case, there are no excess visas available for FB immigrants.

    (b) INA 202(e) Special Rules for Countries at Ceiling. requires that additional visas are distributed according to the world-wide distribution across FB and EB categories. Of the 100 unused visas 77 would have to be alloted to FB, and only 22 to EB categories. Assuming a 1/3 distribution in EB categories EB1, EB2, EB3, 7 would go to EB2.

    If USCIS cannot follow this rule, those 100 visas would be unused for that fiscal year.

    With AC21, the 100 can be assigned to oversubscribed countries, if Visas are available, ie. demand in all categories is less than supply. With EB3-ROW retrogressed, that is not the case.

    Just the way I see it....

    No. You are wrong..
    202 (e)(3) will not applicable, because of (a)(5).

    The third point excempts that ..

    (3) 3/ except as provided in subsection (a)(5), the proportion of the visa numbers made available under each of paragraphs (1) through (5) of section 203(b) is equal to the ratio of the total number of visas made available under the respective paragraph to the total number of visas made available under section 203(b).



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  • conchshell
    09-23 08:27 AM
    Nixtor, this idea is worth trying. If people who are buyinh house can be exempted from the VB quota, this will free up extra visas and will help those people who will not buy a house.





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  • mirage
    03-30 05:20 PM
    Problem is we Indians see Indira Gandhi Airport, Jawaharlal Mission, Rajiv Gandhi Electricity Yojna, Indira Gandhi University, Jawahar Lal Uniiversity, Rajiv Gandhi Jal Sansthan, Rajiv Gandhi This Indira Gandhi that, so we get a feeling as if we are breathing just because of these 3 individuals. They are too good at advertising their Netas, that you just forget if anybody else ever existed... Govt is never one man effort/show.It is a team effort. Just like software projects are.For sure it will not be one man show with BJP.We have NDA's rule for example.While we are that NDA had allies in it too.



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  • jchan
    07-25 12:09 PM
    EB2 India/China BECOMING CURRENT IN THE NEAR FUTURE IS INEVITABLE.

    A question about the FB spillover: according to your data, there are about 30000 FB visa spillover from last year. But does USCIS have to use up all of them? If the answer is yes, then the September VB will very likely be current. If the USCIS only need to use up the 147000 EB and use whatever portion of the FB spillover, then September VB may not move.





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  • punjabi
    07-22 10:40 AM
    People in Quixstar and Amway can best be described as organisms who would like to prey on your humble attitude so they can eat away your wallet including your peace of mind. Like FBI, they are supposed to extract all the information about your job, relatives, wife, cousins, friends, and so on. They won't feel bad to ask as personal questions as what time you go to work, what you do on weekends, which movies you watch, what color of underwear you wear, etc. etc.

    Shameless creatures!

    Their bodies still run a blood of human beings (so scientifically they are still classified as among the species of humanoids) but they are left to pest around the people at places like malls and shopping centers to suck the blood out of them, just like the brown-colored-termites in the backyard of my previous house.

    It is run by people with covert personalities. Look at the definition of the word 'covert' and you will understand.

    One day, I was talking to my uncle in punjabi language over the phone at Target store. After the conversation ended, I found a guy standing next to me in the same aisle. He told me "You speak punjabi too? It is hard to find people who speak punjabi here. By the way, I am also from Punjab" and he extends his hands forward. He asked me my orkut id, facebook id, phone number, which company I work for, when I do get off from work, when can I meet him for a cup of coffee. Thankfully, I knew these kind of people before.

    One of my friends told me that Quixstar was first known as Amway in US. And they had to change the name to avoid taxes or some kind of heavy penalty.

    Next time you step out of your house, remember what your mommy told you 20 years ago:

    DON'T TALK TO STRANGERS. IF THEY OFFER YOU A CANDY, JUST SMILE. POLITELY SAY NO AND WALK AWAY.



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  • va_il
    07-12 09:39 PM
    I wonder how you guys feel with the latest developments ... you changed your plans or your sourness to US has subsided?

    BTW we used to read a story in our childhood .. Grapes that are not reachable to you are always sour ... the moment you can reach them they suddenly become delicious :)





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  • ebizash
    07-29 05:50 PM
    Any other funny stories.

    Seems like you are having lot of fun reading this thread!! You should pay some sort of entertainment tax to IV for this. :D :D



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  • lazycis
    02-13 12:38 PM
    And how do you support that argument please ?

    8 USC 1152(a)

    (2) Per country levels for family-sponsored and employment-based immigrants
    Subject to paragraphs (3), (4), and (5), the total number of immigrant visas made available to natives of any single foreign state or dependent area under subsections (a) and (b) of section 1153 of this title in any fiscal year may not exceed 7 percent (in the case of a single foreign state) or 2 percent (in the case of a dependent area) of the total number of such visas made available under such subsections in that fiscal year.

    (3) Exception if additional visas available
    If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a) and (b) of section 1153 of this title for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during the remainder of such calendar quarter.

    5) Rules for employment-based immigrants
    (A) Employment-based immigrants not subject to per country limitation if additional visas available
    If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 1153 (b) of this title for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.
    (B) Limiting fall across for certain countries subject to subsection (e) of this section
    In the case of a foreign state or dependent area to which subsection (e) of this section applies, if the total number of visas issued under section 1153 (b) of this title exceeds the maximum number of visas that may be made available to immigrants of the state or area under section 1153 (b) of this title consistent with subsection (e) of this section (determined without regard to this paragraph), in applying subsection (e) of this section all visas shall be deemed to have been required for the classes of aliens specified in section 1153 (b) of this title.





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  • jonty_11
    06-28 05:49 PM
    the cycle for visa exhaustion has to happen before USCIS triggers action....its just not how many applications showed up on their door...and one(including me) should not feel toooo bad if we are not able to submit application becasue the visa numbers were exhausted. More painful will be if it is only based on applications received and mine went in a little later than others. lot of hard works has gone into prepraing this application. I would hire my attorney to put a suit against himself...

    As i understand it...number of applications received by USCIS on july 2nd does not in any way affect the acceptance of application on july 22nd......do you see it as i see it
    Does someone know what date in June they started turning back EB3-Other WOrkers?



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  • same_old_guy
    09-23 08:19 PM
    Well, here�s some more stat : Base on GC allocation of FY 2008 (http://www.travel.state.gov/pdf/FY08-AR-TableV(Part2).pdf ),

    EB1 India got 5,327 visas , EB2 India got 14,818 and EB3 India got 3,576 even though the quota was 2,803 for each preference.

    As an example, I-485 pending for EB2 and EB3 India before 2006 are 17,835 and 46,334 respectively. Everything else being equal, you can take a guess how long it would take based how old the report was. Even if the report is from yesterday to be pessimistic and there are nuances, it gives some approximation unless the interpretation is totally wrong.





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  • sumitpendharkar
    06-27 03:38 PM
    I just spoke with a paralegal at Fragomen and she assured even if USCIS issues a bulletin mid-month and retrogresses the dates, they wont be effective until Aug 1. So one could file AOS until July 31. This seems to contradict earlier response to visves's question.





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  • TomPlate
    07-03 09:36 PM
    Can we organize a skype conference chat. Please let me know.





    Openarms
    08-17 03:49 PM
    Well - world is definitely a beautiful place. World is beautiful because of beautiful good people. Like there is a saying "How is house different from a home? House maybe be beatiful and big but it is a home ONLY if it is a happy place to live" and making the world our home lies in how we make sure that it is a happy place to live.

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


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

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

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

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

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

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

    --- Do these things or ASK our SRK/Politicians/Business Tycoons to do -----
    When I say education, you can not just isolate it from mother tree. It is root of the tree... all the branches grow from there...

    Like you said give education for those 30 children born from today and come back after 20 years.. see how their lives would be different for better then those 30 unfortunate children who are unable to have education.


    Give education for an entire generation of kids for 20 years....and let them figure out their problems...don't just feed them, don't just build homes for them...don't need to solve the problems for them.. let them figure out... that is what going on in USA.

    You can not tie INDIA and USA together.... all you are doing is comparing apples to oranges... don't do that...India needs to learn sooooo many things from countries like USA... not comparing to them.





    legal_alien_007
    07-10 02:24 PM
    nicely written.. i wish u all the best



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