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  • NolaIndian32
    09-22 03:55 PM
    Hi Samay,

    I would like to maintain my current H1b status (2nd three-year extension period; I have the approval notice but the visa is not stamped in my passport). I would like to travel to India and return using the Advance Parole document with just my H1b extension approval notice (only first H1b is stamped in the passport).

    1. Can I do this?
    2. Will this change my status from H1b to AOS? When I return from my visit to India, I would like to continue working on my H1b with my current employer. I have not applied for the EAD.

    Please advise.

    Thanks so much!





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  • chanduv23
    02-13 11:55 AM
    Lets see how a common member look at so called "GC Dream" and try to understand why there is no unity.
    Is it what is called "Inspiration" which is missing? I guess so. Can we call it "Motivation"?
    What else can we call that "thing" which stops us from uniting for a cause? "So far I am just "Encouraged" that all not inspired". Is this what it is? I do believe there is a huge difference in these 2 words.

    Everyone in this community are Brave and Courageous.

    Note: Do not jump on me asking What am I doing on all this. :) I think we just have to realize this to get a bigger perspective.


    I agree to a lot of your points - the community has to evolve and not be pushed. All I say is for those who talk the talk, if they walk the talk - they become a good example and the community will grow.

    Please do not take this as criticism. I respect everyone's space - come on folks we can collectively do it - why do we want to resist unity? It does no damage to us but only helps us for whatever cause we want to achieve, otherwise we will always be under the radar of people like Lou Dobbs and his likes - just because we are not vocal.

    I am sure, one day the community will rise :)





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  • vjkypally
    09-14 03:08 PM
    Tere Muh mein:) Ghee Shakkar:D





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  • sbabunle
    08-03 03:22 PM
    Here is the link
    http://www.murthy.com/news/n_elisub.html
    on more abt substitution



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  • unitednations
    02-13 09:07 PM
    I am following this discussion and it is interesting. Here is what I get so far.

    USCIS is not allotting excess visa number horizontally. Unused visas from Eb1 and EB2 are not going to over subscribed countries but to EB3 ROW. The "total" visas in the law can be read as total visa across all categories. If this is true then it is likely that untill EB3 ROW becomes current, India and China will only get 7%. But here is what I do not get.

    1) From november 2005 bulletin, USCIS is saying that they are going to suspend AC21. Why did they decide to suspend ac21? Can they decide on their own when they are going to apply to AC21 and when they are not? Is AC21 not a law?

    2) Why or how did USCIS allocate large number of visas to over subscribed countries India and China before? Like in the November bulletin, USCIS says india used up around 44000 visas. Were they allocating more visas by following AC21? If yes, then why did they decide to suspend AC21? If no, then how they allocated so many numbers?

    I am trying to understand the how the USCIS decides to allocate visa numbers. And it is very complex.


    No; it is not in their discretion to suspend anything.

    Before concurrent filing came around (2002); it was pretty easy to calculate dates because the 140's had to be approved. from here they could get good estimates.

    However; they weren't ready for concurrent filing and 140's sat for almost one to two years to get approved. It looks like at this time; the visa dates started to get screwed up. Essentially, ac21 law says at anytime there is more demand then supply of visas in any quarter then 7% limit will apply. If you think about this; when would a situation ever exist where there wouldn't be more then 35,000 applications in any quarter?

    back in 2003 in one of thos aila liaision minutes; uscis had said that approving 485's for EB people wasn't a priority and they just sat there. Hardly any EB cases got approved back then.

    In April 2005 there was over 35,000 EB approvals mainly due to ombudsmen slamming them for not approving the cases. It looks like when all these cases got approved; someone at uscis/dos realized there was a big problem in their handling of visa dates and that there were too many applicants for visas and established dates and then in October 2006 they went strictly by more demand then visas available in a quarter then no ac21 and retrogression.

    That's why I say there are also many people walking around with 485's who perhaps shouldn't be; because dos/uscis didn't do it properly in the last few years.

    Also, due to the long time it was taking to get labors approved in heavy immigrant states (california, texas, georiga, new jersey, new york, virigina) many people from ROW in these states weren't able to get labors approved. However, many enterprising companies decided they were going to open branch offices in fast processing states (maine, new hampshire, south dakota, wisconsin) and get the labors approved very fast. This is why there is people with 2004 priority dates in eb3 with 485's pending but people in the slow states couldn't file. Now; there is a big convergence of all of this together. We all just happen to have gotten caught in a unique period of time in immigration (245i's; labor backlogs; concurrent filing; expansion of h-1b's, etc.).





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  • boston_gc
    06-27 09:44 AM
    I also checked with my lawyer and made fool out of myself. Please, please please stop discussing this and concetrate on the real stuff.....

    Better than this discussion, we should put our energies on the new CIR bill and see if and how can we benefit from that.



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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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  • i-luv-tofu
    07-21 12:16 PM
    Hi,

    I made a ton money. Just give me your information - name, email, phone# & I will refer you. You will be very happy & make others as well!

    My desi neighbor told me about it recently. What are your experience with Amway Quickstar. Have you guys made money from it?



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  • newtoearth
    05-02 04:58 PM
    ...





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  • cps060
    03-20 06:49 AM
    Once the three years pass, is it possible to re-apply for the PR card again ?
    Also if the entire 5 years pass & someone's PR expires, can he/she re-apply for PR ? If so, are all steps like Police check etc to be done again ?



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  • satyasaich
    12-13 02:10 PM
    Well, interesting topic and here are my 2 cents.

    i just googled for a minute, for the definition of "Equal Employment Opportunity" by Federal Government and the result is as below
    Equal Employment Opportunity (EEO) :A term used by the federal government to refer to employment practices that ensure nondiscrimination on the basis of race, sex, religion, color, national origin, physical or mental ability, medical condition, ancestry, or age.
    The principle behind EEO is that everyone should have the same access to opportunities

    AND Ethnic References are American Indians, Asians (Pakistani/East Indian: Persons having origins in any of the original
    peoples of the Indian sub-continent), Black, Hispanic, Caucasian

    The above definition itself speaks very loudly about access to opportunities, which if restricted due to another federal law or provision, then it is clearly a conflict within Constitution.


    Consider a person with some skill set and born in Bangladesh or Pakistan working for Employer A
    &
    another person with exact skill set born in India working for same employer in the same capacity.
    Assume that both have started the GC Process on the same day, but person from India is still waiting even after 5 or 7 years.
    Where as the other person got the GC and no restrictions to accept a promotion and an increase in salary,based on the same skill set and experience.
    Isn't that scenario defers the principle behind EEO which is everyone should have the same access to opportunities
    and hence voilation of law?

    There are thousands of glaring examples like these, and i'm wondering how this can not be considered as a good ground for challenging
    (I do undersand the cost aspects of challenging and legal fees etc; and the hefty amount of funds needed)

    by the way, i tried to find a federal government rationale for per country limit in current system (only from the EB Category perspective), but couldn't get a good answer

    Satya
    India / EB3/Nov2003/
    --Any country's immigration policy has to have some control measures built into it. I cannot imagine any country opening its gates wide open for the entire world to migrate into her without any limitations. So the question is, whom to "restrict" and whom to allow? This leads to the same argument, do you see this "restriction" as discrimination? There are others who see as fair "reservation" for them.


    there is no "reservation", the nature of the clause is a cap, it does not give another country a minimum quota, it is written as a restrictive provision. and again- just because it benefits someone else does not make discrimination "right", in the strictest sense. right and wrong when it comes to discrimination are not relative. and if you believe they are, it's mighty slippery slope my friend because it does not take time to find yourself on the other side.

    --Good question. If we look at what qualifies a country to be included in the lottery program (oversubscription etc?), it would again lead to the "balancing" intent with regards to immigration.


    so why the double dipping? if the balancing is done, why the country quota? the result is that as i said more bangladeshis come in than indians...so what does over subscription mean in the end? again...why the need for the diversity lottery? the country quota already balances things....or not?

    "either it's wrong or right. the caste system is wrong, from every side of the fence. it may benefit some and hurt others. but it's wrong, wrong and wrong.
    same for this country quota. sure it helps some, and looks good from "their side of the fence". that does not change the fact that it is wrong."

    --You are opining that it is wrong. You cannot state that it is a fact


    you sound suspiciously supportive of the caste system. i will say it again. such a system is wrong. i do not care which side of the fence you are on. was depriving blacks from voting wrong? or was it ok from the white side of the fence? please think before you post.
    there is a difference between "something benefiting me so i justify it and fight to keep it" and being right or fair. everyone fights to keep what they have. sorry, still not right. and if you still feel the caste system can be justified as right from your (or any) side of the fence then let's stop here, we have no common ground. and i speak as someone with sufficiently "high caste" to have not suffered from it (so you know my side of the fence).

    one last thing, i find it hard to believe you are terming as "right" the idea that I as an individual should be held back 10 years longer than my colleague because of where i was born. any way i look at it...sorry...just not right.





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  • americandesi
    07-11 02:13 PM
    Dear Friends, I had it... I am moving to Canada in the next 2 months to work for guess who? Microsoft. Came to USA in 1997 for my masters, worked at Legato, Documentum and Opentext. Had to restart my GC twrice, once as the company laid me off and next for career progression. GC is still years years away. Interviewed with MSFT last month and got an offer to work in their Enterprise Collaboration team. MSFT looked at the visa mess I was in and offered me to work in Vancouver. I get my Canadian GC in 6 months and my wife can work from day one. I am abandoning my US dream for good;guess I would be satisfied with touching my 4 year old son's American passport.

    I worked for a canadian company in US and now would be working for a US company in Canada. This is globalization. True Globalization. Any for those whiners belonging to IEEE and its propoganda machine, I would like to mention that I drew salries which were above way above the norm. I am sure I would be drawing more than 2 of his programmers combined. Ron- ask your folks to learn to compete and update their skills. They probably studied studied 'history of mathematics' as a math subject in high school instead of calculus. They were happy that they had the coolest Nintendo games while many like me were burning the midnight old figuring out data structures at Berkeley.

    I hope Berney Sanders and his club of the CIR days are hearing the developments. Berney, fix the broken education system for job protection rather than building fences to prevent legal workers to come to this gifted country. More companies will leave for nearshore if the mess continues. Fix the system by closing the H1B loopholes that a small percentage of companies are exploiting. Don't bad mouth the H1B system which has given you so much talent that you could have never groomed, the talented individuals who have contributed to the society, social security system and what not. Patch the holes in the fence, do not erect a higher fence for which people need to pay $ 5000 to cross. And by the way if you have the inclination and the time- fix the broken LEGAL High Skilled immigration system.

    You need not give up your American Dream. Once you get your Canadian Citizenship, you can work in US indefinetly with TN visa.



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  • same_old_guy
    06-26 01:08 PM
    EVERYONE ON THIS FORUM :
    PLEASE DO NOT SPREAD RUMORS ! WE ARE ALREADY STRESSED AS IT IS. WE DONT NEED ONE MORE RUMOR LIKE THIS RIGHT NOW.
    IF YOU ARE TRYING TO COME UP WITH SOME SORT OF LOGIC TO SUPPORT IT, PLEASE KEEP IT TO YOURSELF, FOR GOD'S SAKE !

    IF YOU ARE FEELING INSURED, HELPLESS AND WITH NO CONFIDENCE - JUST REMEMBER, ALMOST EVERYONE IS FEELING THE SAME. JUST DONT HIT THE PANIC BUTTON BASED ON NOTHING, PLEASE !

    JUST FOLLOW UP WITH YOUR LAWYER AND MAKE ALL THE DOCUMENTS READY TO FILE AS SOON AS YOU CAN. THAT'S THE BEST YOU CAN DO ! IF SOMETHING HAPPENS LET IT HAPPEN. NO NEED TO LIVE IT THRU TWICE, ONCE NOW AND ONCE IT ACTUALLY HAPPENS.
    PEACE.:mad:





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  • paskal
    02-14 03:13 PM
    Since the lawsuit is about the getting the lost visa numbers it will be a good case.

    4. INA Section 203(e) provides that family-sponsored and employment-based preference visas be issued to eligible immigrants in the order in which a petition in behalf of each has been filed

    The law does not mention anywhere that u cannot recapture numbers.

    the law does say that the GC numbers expire if unused.
    once expired USCIS has no power to use them.
    you need to study this deeper if you want to consider a challenge.



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  • hiralal
    06-04 07:00 AM
    An easier fix would be to accord a FINAL status for a pre-adjudicated application. USCIS should not/cannot issue an RFE on an application once it has been accorded a FINAL status. The new status FINAL should be visible online and a formal document should be issued to the applicant stating that the application has been accorded a FINAL status.

    This is easier to get done rather than an iterim GC. Applicant gets the peace of mind and can go around buying houses, changing jobs etc whereas it is just a procedural change for USCIS.
    I agree ...giving a FINAL status would help everyone ..even USCIS ..as once they process the case, they don't have to look at it again.
    and they can deport those who have broken the laws sooner ..can we have a campaign on this ? let us start with something small atleast ...
    I wonder why the USCIS director did not mention this during congress hearings ..I guess no one cares about immigrants :)
    ---------------------
    ALSO I wonder why AILA and Murthy don't come up with such ideas when they meet Charles Openhiem ???? obvious answer is that it does not help AILA in anyway ?
    --------------------





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  • NKR
    02-13 11:24 AM
    What is ROW and POW, please? I have seen both used in several posts (I am hoping POW is not Prisoner of War:)) Still learning the immigration lingo!

    There is no such thing as POW in immigration. I was kidding when I said that. With immigration mess I am feeling like one POW (prisoner of war).

    There is limit on visa numbers allocated to each country, So retrogression has affected people from India, China, Mexico and Philliphines more since the maximum number of people applying for EB category GC are from these 4 countries and . "Rest of the World - ROW" refers to any country which is not the above four countries.



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  • go_guy123
    01-22 02:21 PM
    I pity people who have coming to USA is foremost objective. In my case, i came to USA 7 years ago. Atleast i earned few bucks. But people who are dreaming about USA and taking education loans with the intention to payoff once they land in USA. It also includes people coming here on F1 with intention to work here. I feel really sorry!!!

    Yes very correct. I still don't get the reason for people's obsession of doing MS/MBA in US.
    It makes no sense any more. 10-15 years ago it made sense. I have have been telling people to look outside US for MBA (practiced it myself for my MBA though I did my MS in US)





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  • tw00ne
    07-23 10:35 AM
    Is unclear to me what the law is for those 2 cases

    1) You are with the employer that sponsored I140 and you get GC.

    2) You use AC21 and move to employer B and get you GC while at employer B.

    In both cases more than 6 months have lapsed since the I485 filling

    And the question is...:

    Are you free, after getting the GC, to move to another company or you need to stay with current employer for a certain amount of time?
    How would USCIS know if you moved?





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  • mpadapa
    07-21 09:45 PM
    vdlrao, Thanks for the great analysis.
    I am using DOS visa statistics and I arrived at EB quota numbers for 2008 as 162,707. There were 22,707 unused FB visa's in 2007 based on the DOS visa statistics @ http://travel.state.gov/visa/frvi/statistics/statistics_1476.html
    Typically the actual EB quota for the FY is revised in the September bulletin. I am not sure if DOS has already taken into account the new EB quota number for the Aug bulletin. If they hadn't taken into account the new quota number then we should see some forward movement in the Sep bulletin.

    However the 28,795 AC-21 recaptured visa's U are talking about has already been used in 2002, please take a look at the below mentioned link for details regarding the usage of those visa's.

    http://travel.state.gov/pdf/FY2003%20AppD.pdf

    All the AC-21 recaptured visa's has been used by now.


    For 2007 we had an availability of 226,000 Family Based Visas. But the issued visas in 2007 in Family Based are 194,900 visas. That means there are 226,000 MINUS 194,900 = 31100. These 31,100
    unused Family Based Visas have been made available for 2008 Employment Based Visas of 140,000. And USCIS has 28,795 unused VISAS of American Competitiveness in the 21st Century Act of 2000 (AC21).





    rbalaji5
    03-30 02:29 PM
    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.

    We need food and shelter to sleep than Nuclear Deal I like your Future prediction of Nuclear deal.!!. (obviously, we are hungry and looking for food and place to sleep :)

    Letz change the Govt and see what will they do in future. (We did n't see anything big with Congress for the past 4 decades -





    hopefulgc
    09-23 04:12 PM
    or let me be the president of usa if i buy 10 houses.

    Jokes apart.. i think nixtor's idea is worth pursuing.



    why not ask for citizenship if we buy 2 houses?. I will even buy that toxic debt from banks, if i get citizenship and a gori.



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