Monday, July 4, 2011

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  • bestofall
    07-14 09:46 AM
    Hi Attorney ,

    Thanks for your service.

    Iam July 2 2007 485 Filer ( EB2 - March 2005 India).
    I have received EAD & AP . Even we renewed our EAD and received Approval.

    but My wife & my self have not received BioMetric Appointment for 485 or EAD.

    As per August 2008 bullietin , Our PD will be current ...

    what will be the impact on 485 Approval , of not having BioMetric Appointment scheduled , even after 1 year of 485 filiing..

    Thanks again
    Bestofall ..





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  • nixstor
    09-23 11:42 AM
    I just emailed all of them with my name, address and phone number. Atleast 13 of them bounced. Can some one correct the email addresses in that sheet.

    Thanks for sending.

    send me a PM with addresses that bounced. I will update the list.





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  • senthil1
    06-15 04:53 PM
    H1b cap is 65k+ 20K for US master degree and remaining are exemptions. Total approimately 125K were issued on 2007.

    "H1B numbers were 125K in 2007"
    Holly cow ! I always thought H1B cap is set to 65K (except for a few years in early 2000) :-)

    The 125K which you mentioned is popularly used by anti-immigrant lobbys to push their argument. It includes all H1B transfers NOT only the fresh H1.
    So, if X get his H1 in 2006 and change to a new company in 2007 , you will count X against 2006 as well as 2007 giving a false number. However, if X applies for a GC, it is not 2X applying for GC --- just X .

    Recapture bill will help a lot in clearing the backlog. For future EB GC, if the dependents are not counted for immigrant visa, it will be much cleaner. Not all L1 and H1 apply for GC. Mostly the major Indian IT companies DO NOT sponsor GC (and as you know they are the major users of L1).





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  • saketkapur
    07-15 07:42 PM
    Hi
    I filed my I-485 in July last year. My PD is EB2-Feb 2007. I could not file for my wife since she is pursuing her medical residency on a J1 visa with the 2 year HRR requirement.
    My queries are as follows:
    1. For the interfiling to happen does she need to be done with her J1 waiver or even when she is pursuing it as that is a H1B visa and I will be the principal applicant?
    3. If I get my green card before she is done with her waiver then can I still file for her later or will her case then be treated as a family based petition?
    I will really appreciate if you can provide some insight regarding the same.
    regards
    Saket Kapur



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  • lord_labaku
    02-13 12:32 AM
    Before the Y2K problem, the most common route for Indians to migrate to the US (EB category) was this -->

    TOEFL
    GRE
    Admission into US university (most likely for masters)
    Scholarship or loan
    MS/Phd in US
    Internship using OPT
    Job/ H1

    Since this involved multiple non trivial steps; the barrier for entry was pretty high that prevented mass migration.

    There were procedural delays (in some states with a lot of Indian population ( oh yeah; labor certs used to take 3-5 years esp in California, Texas & Northeast; but you could get labor cert faster in south dakota or such less densely populated places; but once you hit the 485 stage, you were certain of a GC within a few months )

    And then along with Y2K came TCS, Wipro, Infosys, & infinite other bodyshops that suddenly changed the equation. No need for TOEFL, GRE. No need to fight for scholarship; no need for TA. no need for RA; no need for MS; in a lot of cases, no need for even UG degree in computers/engg. The requirements ranged from having all 10 fingers in place to knowing the right people in the bodyshop company to land an assignment in the US. Once placed at a client site, it was just a matter of finding the right opportunity to get the client to sponsor your H1. I am sure there were a lot other ways the H1 & L1 visas were abused.

    So the situation changed from just procedural delays to procedural delays + extra influx of Indians due to H1/L1 visa misuse.

    Ofcourse, we can only blame the inefficiencies of the USCIS/INS/DOL system & silently turn the other way when malpractices & visa abuse were rampant (I guess still is) in the IT bodyshop industry.

    I am sure this rant will seem extremely prejudicial. But just for a slight moment; think about why all this happened.





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  • dilipcr
    06-12 03:24 AM
    dilipcr ....... I am perplexed by your responses. To be honest you are flip flopping in your statements. Now if you lose job, please do not come to India seeking a job as PIO. or dual citizen. Should India be also closing doors on her children who showed her backside?

    Unseenguy,

    I am fairly confident, touch wood, that I would not be dependent on India for a handout. I have paid my debts to the Indian society by investing in India. I did not graduate out of an IIT but I did graduate out of the 2nd best engineering college (atleast then) in Rajasthan, India. I am sure you guys would have guessed it by now. Just for the record, I had to pay full expensive tuition and my education was not subsidized. By my responsible style of life, I believe that I have become a self made man and so would hopefully be of material help but not a public burden to India. be rest assured !!!



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  • Karthikthiru
    06-28 08:26 AM
    http://www.shusterman.com/pdf/aila-cis-vb.pdf


    Karthik





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  • jkays94
    05-25 12:13 PM
    http://www.notcanada.com/

    you are much better of in india if you cant get GC in the US.

    If you have a US education or in the alternate the right qualifications you should have no problem getting a stable well paying job in Canada. Its similar to a Doctor coming to the US but not taking USMLE but still expecting to get hired at the same level they were in their home country. I know of non-American friends with US undergrad degrees in Toronto making $95k+. With the Canadian dollar having recently surpassed the US dollar, the value of their pay is even greater now than it was before. If the folks in notcanada.com swallowed their pride used their PR status to get their qualifications up to par with Canadian requirements they would not waste so much time complaining. Its akin to having a car, having the keys, knowing you need to go from A to B, but complaining about the rough road as your number one excuse for not getting there. Those stuck here in GC limbo are in a similar boat, they have the car, they don't mind the rough road, they know how to drive but simply don't have the keys to get in the car in the first place. Bottomline is if one can't make it in Canada it would be difficult for them to make it anywhere else except their home country and the US (where things are relatively easy hence the now disappearing "land of opportunity" as things get tough with the misguided bill)



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  • JazzByTheBay
    12-13 04:34 PM
    If someone from country X, Y, or Z comes in on that same quota, that's OK - but we can't accept folks from countries A, B and C??

    jazz

    Let's assume that it can not be fought within US Constitutional framework then do we have a choice to bring this to international court level? Can US prove that keeping per country immigration quota for EB categories is not a discrimination but a policy to protect its citizens or per say to protect its industry/economy?





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  • go_guy123
    08-16 01:24 AM
    Don’t make a big deal of Shah Rukh’s detention:One For The Road:Anand Soondas's blog-The Times Of India (http://blogs.timesofindia.indiatimes.com/onefortheroad/entry/don-t-make-a-big)

    One For The RoadDon�t make a big deal of Shah Rukh�s detention

    After a long time actor Salman Khan has come up with a real gem. On hearing about Shah Rukh Khan being questioned by US security at Newark, New Jersey, he said it�s good that the country has such a tight set-up. And that ``there has been no attack after 9/11 because of this.��

    Salman has a point. SRK might be an icon to Indians and many in the subcontinent, even to the desi diaspora spread across the globe, but to America he�s just a visitor. We may be convinced he cannot be involved in anything that�s remotely violent, but the guard given the responsibility of stopping something like 9/11 from happening in his country again will want to take no chances. And what is the possibility that he�s a die hard fan of the Khan and Bollywood? Very slim.

    Interestingly, the same day that SRK was detained in Newark, there came news that the great Bob Dylan, who was wandering around Long Branch, near New York City, sometime back, was asked for an ID by two cops too young to know who he really was. When he couldn�t furnish one, he was taken right back to the resort where he was putting up and staff there vouched for him. And America is Dylan�s own country.

    Was there a furore? Not that I know of. Not even a little blowin' in the wind.

    SRK says he�s ``upset and angry�� because it was his Muslim name that caused all this. Thousands of Muslims are made to go through extra security checks everyday in America and a host of Western countries. Is he equally upset at that? He's probably just pissed that it happened to him, India's mega star. We all know how a lot of Muslims have been subjected to prejudice around the world because many countries see terrorism as an Islamic phenomenon. Yes, it is uncalled for, unjust and maybe wrong. But America is a country that takes the killings of its people with the seriousness it deserves, unlike India whose record on this is shameful, to say the least.

    Also, because most of the perpetrators of 9/11 were Muslims, America thinks it has to be doubly careful where they are concerned. Had the terrorists been Jews, perhaps it would have looked at Jews with similar suspicion. I was much more aggrieved at President Kalam being frisked. But that�s a dated debate.

    There are two layers to the SRK incident and we must peel them off with care. One, it is quite ridiculous that Indians feel their icons and superstars are everybody�s icons and superstars. What the heck? If Jet Li came to India tomorrow, the man on the street here would probably call him �`Chinky�� and not give a second look. For that matter, what if G�rard Depardieu came travelling. How many would know him? Matt Damon was here recently and there wasn�t a traffic jam in Delhi. These guys are huge back home.

    Moreover, America doesn�t have a culture of fawning the way India has. Mike Tyson was treated like a common rapist and spent most part of his youth in the slammer. Winona Ryder was sentenced to a three-year probation for shoplifting. Chinese born Hollywood actress Bai Ling was fined US 200 dollars for petty theft.

    More importantly, we are actually aggrieved because we are ``not like them��. Well, guess what. It isn�t a virtue. We should be like them and take the security of our country and its people with solemn, no-nonsense professionalism. Frisk Brad Pitt when he lands in India next. Give Tom Cruise the same dose. Don�t spare Bill Clinton either. Isn�t he an ex-prez just like Kalam? Who�s stopping you and what�s stopping you? Colonial hangover? Or is it plain lethargy and callousness. Looks like both.

    We are just whimpering over here like hurt puppies because we feel, ``Oh, but we don�t do it to them��. Oh no, we don�t. And it�s a scandal. We should. I�ve seen white men � and women � get away in India with murder. Indian women can�t get into some discos wearing a sari. And bouncers will frown at you if you are dressed in a kurta. Have you seen what some of these firangs have on them? No one bats a eyelid.
    So instead of making SRK�s detention an issue, we should think of upgrading our own security set-up.

    There�s a lesson in this. And it is a positive one. A day after our own 26/11, there was hardly any security at CST in Mumbai. It can�t get worse than that. The bottom line: Stop fawning, shed the colonial hangover and make no compromise where the country�s safety is concerned. Can we do that or is it too much to ask from a country that�s been free for 62 years but was ruled by white sahibs for 200?

    Well said and perfect....in India there is a culture of babu where VIPs are not checked at all....otherwise the wrath of the high officer will strike on the junior officer.



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  • NKR
    02-15 02:38 PM
    Originally Posted by
    You guys keep saying diversity is a FB immigration problem only not EB, hence no cap needed in EB.
    REALLY? Is it a coincidence that a desi company owner will usually have 99% of his emploees Indian? Thinking that employment depends only on skills is not realistic. A lot of the networking based on national origin interferes with how at least H1 jobs are landed here. So there is a reason to have rules preventing a monopoly.
    Cheers.

    Who created the monopoly?. Why are there less employers from other countries?. Who is preventing other employers from not hiring people from their own country?. It is a level playing field for all entreprenuers, right?...

    anyways, why don't we just patch up and move on... I am getting tired of this already and there are thousands of other people who are feeling the same.





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  • _TrueFacts
    09-04 09:47 PM
    This MF doesn't even have minimum decency to just leave alone a Dead Man.


    breddy2000,

    Shame on you. thoo

    In your love for YSR, you are behaving like him. Are you from Kadapa? Why unnecessarily picking on CHANDUV23. I got his profile id from Orkut.

    orkut - (http://www.orkut.com/Main#FullProfile?rl=pcb&uid=16002627991370248382)



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  • unseenguy
    04-01 04:21 AM
    One might ignore land-scams of Naidu and support him. One might ignore fodder scams of lalu and support him. One might ignore the bribery cases on tape of vajpayee's office and support him. Because they have positive changes to their credit. But how does one convince oneself to support the so called human standing on dead bodies waving a flag of development.

    Dude we are considered the cream of the crop who think clearly. How can we hand over the reigns of future of our sons and the well being of our daughters to a person who supported the rape and murder to young girls and destroyed livelihoods of thousands.

    Imagine our christian friends trying to convince the jewish friends that they support Hitler because he is development pushing leader who is also church going, non smoking and that they do not support the side which actually supports rape, incarceration and murder of thousands who scrap out their living in the country. There is nothing like supporting half a person. You either support all his deeds or you dont.

    Let me ask you this. I am a Brahmin and should I hand over future of my children to any other party than BJP? What should I read out of reservations for OBCs?

    Let alone reservations, now a days the people who got reservation are controlling everything in the govt. If anything goes against their wish, they are ready to file a complaint. Once they file a false complaint against you. The onus is on you to prove you did not call them backwards or discriminate against them.

    So are you saying we should vote for congress and so called reservation supporters and sacrifice future of our children?

    If BJP has blood on their hands for not protecting Muslims, Congress too has blood on its hand for persecuting sikhs. Were they not people?
    What about the riots after Babri Masjid demolition in Congress ruled states? Why didnt congress stop riots in Maharashtra?

    This whole Gujrat incidence is overblown out of proportion.

    Are you also saying US does not have blood on their hand of innocent Iraqis? Are you saying no innocent was killed in Gaza or west bank?





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  • stupendousman11
    09-12 05:48 PM
    Here's my situation:
    - H1B visa in the 6th year
    - I140 approved
    - I485 applied July 2 '07
    - EAD and AP available

    I am getting laid off on Sept 30, but will be on salary and benefits continuation (SBC) for 5 more months until Feb end ie. I'll be paid 100% of my base salary on a monthly basis. Assuming that I don't have another job offer by end Feb, my questions are:

    1. What is my H1b status Oct 1 onwards? Am I still on H1 until Feb end? Or does my H1 get revoked the day the company intimates USCIS/INS?
    2. How long do I have after Sept30 to find and job and retain my H1 status?
    3. I have read somewhere that if there is an employment gap on an H1 the H1 transfer may get approved but I'll have to exit the country and get back in again. Is this correct?
    4. Since I have an EAD, am I safe? Can I stay unemployed on an EAD?
    5. My current EAD expires Oct 24. I had applied for a renewal Aug 6 so don't expect to get it before the Oct 24. Will this gap in EAD cause an issue with regards to my GC process or ability to stay in the country?

    Thanks.



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  • deepakd
    07-11 01:24 PM
    BharatPremi,

    Same applies to you.. If you are so crazy about Bharat, what are you doing here.... HEHEHE. Just thought that it was kinda funny statement because of your name....BharatPremi --- :D

    Guys

    On the sameline, I think no one is crazy about anything but material wealth for self.

    Take my example, GOV of India spent lot of money on me so that I get a degree from IIT and here I am in USA salivating over GC dreams.
    If I would be kicked out of USA, I may move to Canada, if I kicked out of Canada then to Australia and it would continue............





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  • chantu
    05-01 02:41 PM
    Forget fellow Tamils in SL.....Our CON govt under weak Puppet PM MM Singh cannot protect his fellow citizens. See the link from the US state dept.

    http://www.state.gov/s/ct/rls/crt/2008/122434.htm

    "In 2008, India ranked among the world�s most terrorism-afflicted countries."

    And we still find a large number of educated Indians still vote for this WEAK PM.



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  • pappu
    07-02 06:08 PM
    Immigration Voice is compiling experiences from members on the 02/07 Visa Bulletin incident. Please see the posts below.

    We encourage members to share their experiences with us. Please look at the posts below for focus and talking points, and post your stories on IV at
    http://immigrationvoice.org/forum/showthread.php?p=99550#post99550
    with details on:
    a) Your current Green Card Status
    b) If you have yet sent in your I-485 application
    c) Your contact details along with Name and handle on IV. IV is mindful of your privacy and will share this information externally only with prior consent. No anonymous write-ups, please
    d) IMPORTANT: We want to keep our focus in our stories only on the following issues:
    - Impact of 07/02 on your application (Quality of life issues, time and money expended, inconvenience experienced, et al)
    - Request USCIS /DOS to consider accepting 485s filed
    - Please refrain from mentioning AILA or even questioning the mechanics of USCIS in the past few days
    - Please refrain from using strong negative accusatory adjectives while refering to any federal or state agency

    Some of our key members will guide you through the process.

    WHAT'S BEEN DONE ALREADY
    Stories that have been accepted for publishing are listed on our blog at immigrationvoice.blogspot.com

    http://www.prlog.org/10022648-no-celebration-for-thousands-of-highly-skilled-future-americans-this-july-4th.html
    The above story ranked the highest (over 3500 views) in the last 7 days on prlog.

    An additional story was also released yesterday:
    http://www.prlog.org/10022854-american-dream-suspended-on-the-eve-of-july-fourth-for-several-thousand-legal-green-card-aspirants.html

    WHAT YOU CAN DO
    a) Distribute the above stories (Other blogs, contacts)
    b) Submit more write-ups





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  • rbharol
    03-19 01:25 PM
    Hi, I am seriously planning to start Canadian immigration after wasting 7 years of my life in chasing GC. Can anybody suggest some good lawyers/attorneies/agencies who are not money suckers like US immigration attornies ? Also, somebody mentioned that one can apply Can immigration by himself. Is there any issue with that ?
    Thanks

    Do it yourself. It is easy.





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  • rajeshalex
    07-04 10:21 AM
    Hello,

    Could you tell at 140 level does a candidate needs to submit all the previous
    H1 Approval notices.

    I couldnt submit my previous 140 approval notice since it was during 2000-2001. How important is the previous H1 B approval notices for a 140 approval ? . I submitted the current approval notice which is from 2006-2009

    Rajesh





    sundevil
    05-29 12:28 PM
    Not just limited to Cognizant and some Big 3s(or 2s now).
    Please do not dismiss this as a tunnel vision, its a reality that will develop into a panoramic scam. I know of a guy in India who is sowing seeds of multi-national manager with a Staffing firm(Desi consulting Co) just for this purpose. Worst he has an individual contributor job with some other company that is in collusion with the staffing firm here to prove he works for the company here( I am guessing as a consultant and taxation with a ghost company of US based company in India). I could not get him to spill the beans on how this whole thing is working but he is confident and has sunk a lot of money into it. Strangely, he was disappointed when I told him even with L1A/EB1 it could take 18 to 24 months. Talk about feeling entitled.

    Mind you lot of these guys have registered companies in India already to fish for H1 applicants. We close our eyes on this one, it will break the levees and flood the EB immigration. SO never be coy in dismissing this travesty and mother of all scams that is going to follow.


    Guys : Once again I would suggest not to use tunnel vision. I personally know one case of EB1 in cognizant where one of my closest friends who never scored more than me in college exams and doesnt make more than I do got his GC in EB1.

    Whatever Mr Oppenheim is saying is precise bullshit! Its all political. He is a bureaucrat who needs to defend the political policies. Where have we seen any transparency? Is there any transparency to the whole process?

    If Mr Oppenheim has numbers so handy, can he explain why there are wild swings in visa bulletin and not a computerized FIFO policy. I can understand some 15-20% overlap for cases stuck in name check, unapprovable, etc etc. But every month/year visa bulletin swings like a pendulum which doesnt know which way is the right way.

    If you complain about EB1, your friends will also lose GCs and no body will get GC. With that you are effectively saying, I dont get GC, even X should not get GC.

    Although I think EB1 problem is largely restricted to Cognizant and needs to be addressed.





    immique
    07-17 01:23 AM
    I don't agree with your arguement. Spillover can happen in any quarter and you don't need to wait until the last quarter for it to happen. with EB1 and EB2 being current, the spillover into EB2 I and C will start from November/December of 2008 itself

    Since no one knows how many of pre 2004 EB2/EB3 are pending for India or ROW, it is very difficult to predict where the PD would be at 2008 november. Whoever feels the numbers less suggests EB2 india PD would move forward, whoever feels the numbers are more suggests it will move slower.

    But this is what my assumption is USCIS/DOS would start will less number of Visas for starting of year, let us say 900 for EB2(I) on november 08. There is a possibility that EB3 to EB2 conversion, Missed out old PD cases etc would result in getting EB2 going backwards...This would be the case for first 2 to 3 quarters, even if it moves it would in couple of months.Again based on EB3(ROW) demand next year end EB2(I) may or may not move forward fast.
    One thing for sure spill over happens only during the last quarter, be it horizontal or vertical.

    But this years move would make some people lucky to get GC even if their PD is in 2006. Again this is all my assumptions..



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