Thursday, August 11, 2011

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  • Macaca
    01-28 04:53 PM
    USCIS was trying to abolish this substitution. The lawyer lobby opposed it.


    How do lawyers benefit from it? Thanks.





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  • jsb
    06-08 10:59 AM
    :) I thought it was understood by now, that without changes in law, there is no "speedup" (for 485 approvals). USCIS has been super efficient recently, what is missing is the "visa number".

    Trying to change laws sensitive to long term residents and citizens, by those wanting to be residents is a tough task. What is possible, which we should keep trying for, is to make suitable interpretive changes, in the form of clarifications, which do not appear to be a major shift to what have been US long term policies.

    For example, trying to do away with country quota would be very hard, as it is so sensitive for the main stream residents. Making it apply in overall immigration from a country rather than I-485 cases might work. Strong argument could be that EB I-485 candidates are highly qualified and are living in the US anyway. Therefore, applying any diversity rule on them does not make sense. However, country quota may continue to be applied for those who are not yet in the US, i.e. family based cases, or those EB candidates applying from their home countries with appropriate prioritization (for example, spouse joining may get highest priority).





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  • Dionysios
    10-12 02:11 PM
    My uncle was a green card holder for approx. 40 years when he lived and worked in the US. During this time, he became eligible for medicare and medicaid. A few years ago he decided to return to his original home country. As he did not and does not have any plans to return to the US to live, he surrendered his green card at the US consulate. However, when he recently applied for a non-immigrant visa to visit the US to use the services covered by medicare, he was denied a visa. It seems quite unfair that he worked in the US, paid all the necessary taxes and withholdings and is now prevented in using the medicare services. Is there anything he can do?





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  • ajthakur
    07-15 02:32 AM
    I filed for 485 during July 2007. My 140 was already approved. Due to some problems I quit my employer in August 2007. My previous employer was a desi blood sucker. I was fed up & decided to quit after working for him for 3 years. I applied for H1 transfer with a new employer based on approved 140. I got H1 approval for another 3 years. Currently I am working for the new H1 sponsoring employer. I also received an EAD card based on pending 485 for one year. I didnt notify USICS of job change in July.

    I applied for EAD extension this year. The application for EAD extension is pending. I got a following RFE on my 485:
    Please state whether or not you are currently working for your I-140 petitioner.
    You must submit a currently dated letter from you permanent employer, describing your present job duties & position in the organization, your proferred position (if different from your current one), the date you began employement & the offered salary & wage. The letter must also indicate whether the terms & conditions of your employement based visa petition (or labor certification) continue to exist.

    I am not in good terms with my previous employer so I cant ask him for a letter. I can ask my new employer for such a letter.
    Also is it possible that 140 was revoked by my previous employer?
    Why did they send a RFE instead of NOID in my case?



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  • unitednations
    02-18 10:36 PM
    In fact I guess most of the April 2001 245(i) cases are also getting through the Eb3 category...I thought that they would get into the EB3 Other workers category with the 10000 K cap........ I guess many of the cases you are referring to must be the 245(i) cases...


    As I remember, even when I came to US the first time in 2000, I was interviewed quite rigorously...They made me submit degree certificate and experience certificates and all...
    Cooks and driving instructors getting in on H1B??? That is news to me...


    Yeah, they are all 245i. If they aren't in USA; they can't get here on h-1b; job needs a degree. My point was that when people try to contrast family base with eb and which one is better; people would be surprised to know that people in family base generally would fall into definition of skilled worker and share same quota as eb3 professional but would have to wait outside usa since they wouldn't qualify for any temporary non immigrant visas.





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  • lazycis
    02-14 12:19 PM
    No one can prove that USCIS intentionally took decisions so that they waste the visas.


    Well, I can prove it based on the recent name check memo.

    "In the context of removal proceedings, ICE has determined that FBI fingerprint checks and Interagency Border Inspection Services (IBIS) checks are the required checks for purposes of the applicable regulations."

    Wait a minute, isn't IJ able to grant AOS in removal proceedings? It means that the DHS acknowledges that it wrongfully interpreted regulations for all these years and that name check is not required by law (at least for AOS) as we were saying all along! Why did not they removed name check after they wasted 80k+ visas in FY 2003? Did not they know about it? Was it not intentional?

    I love also this part: "in the unlikely event that FBI name checks reveal actionable information".

    See also most recent Mocanu ruling
    http://www.bibdaily.com/pdfs/Mocanu%202-8-08.pdf

    "USCIS’s name check requirement has (1) never been authorized by Congress; (2) is not mentioned or contemplated by any fair reading of the current USCIS regulations; and (3) may not, without USCIS initiating notice and comment procedures, be used to delay action on Plaintiffs petitions "

    Why should people suffer because of government screw up?



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  • unseenguy
    08-16 05:51 PM
    SK2006 and snathan:

    I do not agree.

    First, there is no "profiling" in India. Everyone gets frisked and security at airports in India is top class. Problem with US is "only select" people get frisked most often based on their skin color or names. This is a fact. I am a frequent flyer consultant , I have observed this many many times.

    Second, Indians are doing what they are supposed to do. first, they show respect to dignitaries by not frisking or not stripping robert gates, george clooney or bill clinton or any other dignitary from any other country. Americans are not doing what they are supposed to do.

    When geroge fernandes was stripped , he had a diplomatic passport. Everyone knows he was defence minister and there was a delegation with him. Secondly, abdul kalam was frisked, which I feel is also negligence of Indian authorities not to be assertive.

    So Indians are not doing their job by not being assertive and taking care of its own citizens. and not pressing for their own rights,

    I do not feel so bad about Shahrukh, although I think it is profiling, as I do for fernandez and kalam.

    This is nothing but profiling and some stupid hot headed mentality. Let there be frisking of americans and stripping of them at Indian airports. Will americans accept it? If not why should Indians not make noise about it?

    Rules are rules, provided they apply equally to americans and Indians. otherwise its profiling or discrimination.





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  • Michael chertoff
    07-03 02:48 PM
    I applied for EAD paying old fees in Jul 2007, and I renewed with new fees this year in Jun 2008, would like know if I need to pay renewal fees again when I renew my EAD in Jun 2009.

    Brother for this type of questions it is better if you can read the Instructions.

    Thanks
    MC



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  • ita
    03-30 11:02 PM
    Kancha Ilaya(Sonia appointed ) is being allowed by the Indian Government to lobby with the UN and US Congress so that caste discrimination in India is taken-up by these bodies. (Indians on their own have come a long way in reducing these caste discrimination but alas these people won't want that dying)It shouldn't be any surprise if we see bunch of International articles on India's disgusting caste issues soon.

    Rahul Gandhi/Govt of India invites British politician to Amethi on poverty tourism.Putting it in their own words they were trying to show this foreign minister real India (meaning 'sinking India not shining India' or may be they were trying to tell this British guy look we have managed to keep the country at the same state you left it , if anything we took it to another low level).Amethi has been a constituency represented by that family for generations in Priyanka's words. Forget about country they didn't do much good to their own constituency .

    This British guy before he left the country said that Mumbai attacks could have happened because India didn't hand over Kashmir to Pak.He also gave a free although unasked advice ,if such future attacks are not to happen India should reconsider it's stance on Kashmir.

    British media was surprised to see that Rahul Gandhi touted as future PM by the party and Indian media with equal excitement didn't want to comment on foreign affairs.Mumbai issue or anything else.

    Now every country has it's share of problems..be it poverty or something else.Can you imagine U.S politician inviting French/German politician to view America's worst and media giving it huge coverage?Just imagine what would happen then.

    Personally I like both Sonia and Rahul, can't doubt their intension of making India better





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  • GCHope2011
    01-14 01:37 PM
    Ahh my friend willgetgc you are back and thanks for asking nicely. That is really appreciated. Ahh i see that you still have a tinge of anger but no problem. this is progress

    1. Instead of wasting time by answering here on the post, do something constructive for your own gc (whatever that may be).
    Some one has to make it clear and by that i mean explicityly clear to you all that the fact is you people are not the only ones who can write eloquontly and articulate and idea. And that your mob mentality ganging will not work anymore, There are other peoples out there and they also have idea and this is the one way to make sure all you people read what is going on becasue my friend you all are reading. This is the first step. The next step would be discussion of an idea and so one

    2. If you do not believe in IV and what it does, you are truly wasting your time. Second, which IV provision do you not believe in - visa recapture? excluding dependents from being counted? removal of country caps? which one of these hurts your prospects of getting the gc?
    None hurt my prcopect instal All are good for my prospect but my simple statement is that nothing small has passed in congress so there is no gaurentee that anything big will pass so instead of hangng on to the same old ideas (We can all can go back to them when there is mommentum on it) it is time to think about new out of box ideas

    3. Watching cspan definitely gives a person a better understanding of what is happening. No questions about it. But it is a passive exercise, as there is nothing you have done or can do or will do to change the outcome of what is happening.
    It seems that you are way behind the curve here my friend. That was written a long time agao but no matter you read it that is important. To your question yes watching CPAN is a start, i agree a passive start but a start. The next step is active participation but looks like that is something which will not be allowed to happen by all the senior members and donors of IV

    4. Let us hope that this DV bill goes somewhere - what kind of activities do you suggest we should do to prepare for it? With specific details, you may be able to persuade people.
    Ok my friend this is being asked so many times and it is painfull (Physcially) to type it again and again and so i will do it just once more and i would request all IV members donors to read about it here not ask the qeustion again and again but refer to this section which i have highlighted

    I have some plans and ideas. I am sure it would be duplicates of what you intelligent people people have already talked about and maybe implemented in full.

    Maybe, if you had started the thread with your ideas, it would have helped save the 2800 that people have taken away from you...

    Now for me to talk about my ideas (which you ask because you doubt my intentions) i would say i also doubt you guys intentions. I get abuses and specially i have MINUS 2000 points (That many people hated my idea), so for me to talk about it i need some questionable action from you guys who gave me reds because you beleive i am wrong and now want me to explain myself but you yourselves will not change you attitude or hostility

    Please, please, please share your ideas - having created the curiosity, now please do not deprive us of your ideas. Just keep them specific and actionable.



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  • PlainSpeak
    01-13 01:18 PM
    Few questions for the self proclaimed expert analyst who started this thread -
    1) How many lawmakers have you met to represent these provisions you claim to be so passionate about?
    2) Have you visited capitol hill and tried to understand what the congress thinks about EB legislation? I did - during the IV advocacy event last year with hundreds of eb2 and eb3 members.
    3) How many members here have you actually worked worked with? Because the people I know here who actually do the grass root work with me (both eb2 and eb3) do not care about theb category they belong to.

    I know you do not have any real responses...only abuses which you responded with on the other thread.
    Its funny how plainspeak is the one usually doling out the abuses but claims to be the victim.
    Ahhh my friend forever_waiting, how are you. It is good to see your reply to the post. Will be do this the civilized way or the old way??

    In direct response to your post

    First i am not a expert nor an analyst musch less a self proclaimed expert analyst. Take that as a given and we can procced further

    1) How many lawmakers have you met to represent these provisions you claim to be so passionate about?
    None because i do not believe in supporting, representing or furthering the agenda of an organization which has loop holes in it and is determental to my case

    2) Have you visited capitol hill and tried to understand what the congress thinks about EB legislation?
    I did - during the IV advocacy event last year with hundreds of eb2 and eb3 members.
    No i have not. Why do i need to visit capitol hill and view in person what congress thinks about EB legislation when i can do the same by watching CSPAN(I am a regular watcher expecially when there is something immigrant related going on. All a process of expanding my knowlesge of immigration or do you think i got up yesterday morning and decided that i want to fight with IV. If you did then i am sorry i gave you more credit then that. And please do not start a new thread about how lazy i am and how i want others to work for me and how i just want the benefit without effort. That would be old and stale. If there is something to be done in which i believe i will be the first to jump in and volunteer


    3) How many members here have you actually worked worked with? Because the people I know here who actually do the grass root work with me (both eb2 and eb3) do not care about theb category they belong to.
    YES and i never said you are not fair. I know EB2 and EB23 owkr toghether in IV. My efforts of meeting people have been made outside the scope of what you and others do. I am being modest when i say this but i was the first person in my company to make generate awareness about what IV did and how it is helping immigrants like us and encouraged them to visit the website and read about what IV is all about. This is about 75 to 100 indains (EB2 and EB3) in an organization of size 500 during teh time period 2006 to 2007. Now most of them were EB2 so they got their green card and i am sure are no longer on the IV forum anymore. I am sure those who are still on IV forum are EB3 like me. How much they parrticipate, it is hard to tell. Maybe they were smarter than me and got dissalusioned with IV way before i did. They might be porting or they might not be for all i know
    Besides that i am pretty much regular on Murthy where i have provided advise or tried to help people with information whne i could (O f course all of this was H1B/ Visit Visa stuff). Even today on IV forum i am trying my level best to help peopl ewith information related to AOS/EAD/140/485 etc
    I am sorry because what i did till now is nowhere near what you and other IV volunteers are doing but i do what i can when i can.

    My friend forever_waiting, I hope i answered everything to your satisfaction

    As to the below
    I know you do not have any real responses...only abuses which you responded with on the other thread. Its funny how plainspeak is the one usually doling out the abuses but claims to be the victim. I am sorry i am done trying to explain it to you all over again. May god grant you wisdom





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  • pappu
    07-03 01:05 PM
    /\/\/\



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  • gc4me
    03-27 08:56 AM
    By Apr 26, if the LC Sub elimination becomes effective, will USCIS reject all pending LC Sub cases (I mean pending I-140, 485 etc using LC Sub) ?
    Any idea, please reply. Or USCIS will continue processing them as usual?





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  • grimreaper
    07-21 05:16 PM
    I have come across quite a few of the Amway/ Quickstart folks. Like most of the people have described here, they usually approach me in Walmart, Meijer, etc. My first experience was in the temple. This dude and his wife went "oh wow! you know so many languages." After talking to the dude, he said that he knew some of my childhood friends and he remembered my face and that we could have possibly played cricket together in our childhood days (this itself should have raised red flags - but I was naive then and didn't think twice). Long story short, we exchanged phone #s and next day he called me and asked me to meet him at his home. He was running an "ecomm business" and was looking for partners. I asked him if he was talking about Amway and he innocently asked me "What is Amway?" I agreed to meet him but something bothered me. I called up another childhood friend who was in Amway and asked him about this dude. Sure enough he was an Amway-ite and already a "Diamond". I was mad and did not go to his house. He called me a couple of times but I never picked up the phone.

    That encounter was a bitter experience for me and I decided that I will not entertain any more desis who do cold contacts. However, soon I forgot all about him and I had 2 or 3 more such "cold" contacts (it took me about 3 more experiences to realize the Amyay "cold" contact pattern). I decided that enough was enough. From then on if a desi approached me in any of the stores and decided to do a "cold" contact, I would be on my guard. I would not become angry or irritated (after all they are humans too and they are just doing what they believe will give them a better life) - I would just steer the conversation to what I would like to do in my life. I would spin some yarn about how I am really happy volunteering to help kids in 1st and 2nd grade improve their English reading skills (which I really did) or how I liked taking part in the local community college's adult literacy program (helping adults prepare for GEDs, etc - again which is something I do). I would then go on and become philosophical about how these days everyone is after money and think about money all the time and how this is creating a very unhealthy state of mind, especially among Indians. I would make sure to tell the person that I would not like to go down that path and being a pious Hindu, my goal is to attain Moksha by leading a simple life.

    By this time if the dude has not run away from me, I will ask him what his objectives are. Usually they say that they can understand where I am coming from and congratulate me for all my community service (I am rolling all over the place in my head - but somehow keep a straight face). One guy even went so far as to tell me that he is on the other end of the spectrum and he gives away a lot of money in charity. He even told me that I should consider going that route as well. After the meeting, I call up my Amway friend and ask him if XYZ is in Amway and the answer has always been yes.
    Inspite of all this if the dude asks for my phone number (and this has happened once), I come up with the story that I forgot to bring my cell phone and proceed to give the person the phone # of the local pharmacy. I also suggest that he give a "missed call" (again rolled all over the place in my head when he gave a missed call) so that I can note down his # when I go home.
    I just had to get this off my chest when I saw the Amway thread. Hopefully others can also turn a potentially unpleasant situation into a pleasant situation and have fun at some other person's expense.


    Hilarious.....I have not been accosted by any AMWAY members yet, but if I do, I will try to give them a run for their Money. I am just tickled by your attitude. Way to go buddy.....:D



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  • desigirl
    01-13 03:17 PM
    Plainspeak - From one girl to another - you have a lot of time to kill :) For members who did not get worked up by your post, everyone has had a good laugh! Thanks.

    Trying to have a discussion on your points is meaningless (at least to me) as I do not believe in conceit.

    BTW, you don't have to respond to my post, as I will not be checking it.





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  • return_to_india
    05-12 10:10 PM
    I have seen lot of Tamil folks in Kerala ( mainly migrated for construction work ). THose who came earlier speak good Malayalam.



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  • mchundi
    01-23 06:41 PM
    Can they use same LC for more than one I-140?
    Trying to understand damage done by LC substitution scams.
    My understanding is they can and they do that. U will only know when the AOS is taken up for processing. In this case there were 5 of them on the same labor. Even 140 gets approved, but not 485. I really wud like to know how VISA numbers get handled in these cases.
    I know several guys who took this path. Of them only one was a genuine case. All others were some kind of deals. Only one of them had a bad deal(Thanks to Mandalapa). Others r still happy with their EAD's.
    I mean this is a widespread practice. I situations like now when we have so few VISA numbers it is unfortunate one for us if those VISA numbers r lost.





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  • Life2Live
    01-15 02:56 PM
    This rule will be disaster for my life, it is leaving me no option other than to go home if H1B not get extended. I have been here in US for last 7 years and own a house, I do have Kids US citizens. I am getting my H1b extenstion year by year since my labour is approved and I-140 is pending.

    It looks like I should stop making mortgage payments immediately and be prepare to go back this year.





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  • mpadapa
    07-23 12:02 PM
    vdlrao, I looked at the DHS data there seems to be lot of discrepancy in the EB and FB numbers shown in that document and the DOS statistics (http://www.travel.state.gov/visa/frvi/statistics/statistics_1476.html)

    But if you look at the last page where they discuss the EB limits, the document self contradicts. For example they say 2007 EB limit is 147,148 but based on their Table 2 (page 3) the EB limit comes out to 143,771 ( 140K + (226K - 222,229)). Also they have a foot note saying that DOS sets the EB/FB limits.

    I've a spreadsheet which has the calculated EB limit for FY (2003-2007), the numbers I arrived at is very close to those reported in the September bulletins. If U wanna take a look at it, please PM u'r email ID, I can send it to U.



    mpadapa, I am getting 31,100 unused Family Based Visas for 2007 fiscal year from
    http://www.dhs.gov/xlibrary/assets/statistics/publications/LPR_FR_2007.pdf
    .
    DHS bulletin is not updated correctly like Employment Based AC21 VISAS? Please let me know.





    grupak
    12-14 05:05 PM
    Simple. If it wasn't for that ceiling the vast majority of the visas will go to applicants from the oversubscribed countries. Now this is not a bad thing if the visas are in unlimited supply. But since that's not the case, the country ceiling ensures that even people from smaller nations will get an equal oportunity to claim a visa before all the visa are grabbed by their BIG brothers and sisters. And what's more what ever is left is given back to the oversubscribed countries.

    How can you call that unfair? Is it fair to deprive a person from a smaller country, equal chance to have go at his GC?

    Country quota for family based immigration prevents giving any nationality a head start in cornering all the GC for themselves. And country quota to promote diversity makes sense because the basis of GC is family ties.

    Employment based GC is based on employer filing for GC. Skilled people can come from all over the globe. The basis is skill. Even without a country quota, a small country with educated and skilled workers are not at any disadvantage compared to a large country with poorly trained workers. So, I do not understand your argument how the BIG countries are going to monopolize employment based GC. No nationality has a birth claim on skill. We are here because of our skills not our nationality.

    Let us not repeat the arguments of anti-immigrant restrictionist groups like PG.





    mpadapa
    07-23 12:02 PM
    vdlrao, I looked at the DHS data there seems to be lot of discrepancy in the EB and FB numbers shown in that document and the DOS statistics (http://www.travel.state.gov/visa/frvi/statistics/statistics_1476.html)

    But if you look at the last page where they discuss the EB limits, the document self contradicts. For example they say 2007 EB limit is 147,148 but based on their Table 2 (page 3) the EB limit comes out to 143,771 ( 140K + (226K - 222,229)). Also they have a foot note saying that DOS sets the EB/FB limits.

    I've a spreadsheet which has the calculated EB limit for FY (2003-2007), the numbers I arrived at is very close to those reported in the September bulletins. If U wanna take a look at it, please PM u'r email ID, I can send it to U.



    mpadapa, I am getting 31,100 unused Family Based Visas for 2007 fiscal year from
    http://www.dhs.gov/xlibrary/assets/statistics/publications/LPR_FR_2007.pdf
    .
    DHS bulletin is not updated correctly like Employment Based AC21 VISAS? Please let me know.



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