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Thursday, June 30, 2011

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  • srinithati
    07-03 01:15 PM
    I am in the 6th year of H1B. 6 year term expires in March 5, 2009.

    My Company filed LC in June 2008.

    Assuming my LC is cleared by this year end, I-140 Filed around Jan 2009.

    Can i get 7th H1B Year extension, if my company files H1B extension by Feb 2009.

    In which cases 7th Year extension will be rejected.





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  • unitednations
    02-14 11:49 AM
    Is there any proof that there are even are unused visas? I find this topic a rather moot point.

    With India, China, The Philipinnes and Mexico all being oversubscribed, they appear to be reaching their 7% limit. With all the countries in ROW I doubt if any one country is even vaguelly reaching their 7% limit.

    With the obvious retrogression across the board, it just tells me that there isn't anything spare to share around in whatever direction.

    Am I just totally missing the point?!

    It is an important topic.

    Reason is:

    2005 and prior; certain countries went over their limit. If they hadn't gone over their limit then EB3 would not have gone unavailable. If EB3 would not have gone unavailable then EB3 ROW would have much more advanced dates. Countries cannot go over their 7% limit now until ROW eb3 essentially gets current. If they had done it in the past then maybe eb3 row would be current and the other countries can go over their 7% limit and their dates would also have advanced. Due to what happened in 2005 the dates are further back for everyone then they should have been.

    How it is working and how it is supposed to work is important in people making their decisions; ie., should i file in eb2 or eb3?

    What is impact by eliminating the 7% limit

    What would happen if there is 485 filing without priority date being current and there is a hard cap of 7%. There would never, ever be unused visas for china, india. They would have never ending retrogression.

    For people who constantly watch visa bulletin; the dates won't move forward until fourth quarter when eb1 and eb2 visas get spilled over.; so no sense in waiting for it so eagerly.





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  • poorslumdog
    08-19 12:22 AM
    Originally Posted by vinzen
    sorry, I love preaching.

    by the way I was referring to "the guy who thinks americans think he is a slumdog...." not you or everyone. But then again you think that I think that you lead a life lower than average. If you think you agreed with me, instead of calling it obvious being defensive and, just agree with me. OK? And get that chip off your shoulder as well.

    well i think we have solved all our immigration issues, i waish if we all concetrate our efforts on solving our issue, if we all try we have chances of succeeding ...if am surprised that we all are stuck in backlog and only 2-3 % take participate in real issues...not sure what is rest of us waiting for?

    I am sure both the ids are same person...:D





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  • unitednations
    02-18 08:46 PM
    As per the facts first baby boomers will start collecting benefits in 2008 and by 2020 when most boomers are 60+ there will be 2.6 workers paying social security and medicare for every retiree versus 5 workers now

    Is there anybody looking at this angle for increasing GC cap/upper limit ??


    This is actually a pretty good argument/statistic. However; it isn't specific to employment base but rather to worldwide level of immigration from all sources.



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  • old_hat
    05-01 07:24 PM
    When people in Haiti or Fuji are concerned they were people of Indian origin who were forcibly taken by British folks as cheap labor. These guys went from India. Sri Lankan Tamils are most likely natives of Sri Lanka. Bangladesh and West Bengal share the same language but that does not make people from Bangladesh Indians. People of Punjab in both Pakistan and India speak the same language and it does not make people of Pakistan Indians. So in effect the civilians involved in Sri Lankan conflict are not Indians.

    On the other hand, Indian government must help the trapped civilians (not the LTTE). LTTE is a terrorist organization and should not be helped. They have targeted Indian PM, Indian Tamils, fellow Sri Lankan Tamils and dissenters at different points of time and should not be helped. LTTE has used civilians as human shield and Sri Lankan army have not stepped back from hitting civilians. It is reasonable to pressurize Sri Lankan govt to help the trapped civilians.





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  • msp1976
    02-15 11:29 AM
    longg and msp1976, Could you update your profile with contact information. IV can use your skills.

    I have added cell phone number in my profile....



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  • Aah_GC
    08-15 09:54 PM
    I warn you not to start the Muslims vs rest debate here....I would say most (not all) people are fanatics will do any attrocity in the name of religion. Blame it on your fellow fanatics for this mess. Yes, you need to pay the price for 9/11. DHS and TSA are created to protect the innocent civilian and its their duty. If you dont like dont come to USA.

    What SRK - global icon you are talking about. He is not a leader of the nation...he is just an actor. He might be a god for you and he does not need to be the same for others. Think logically everyone is coming here with invitation only. For the IO at POE, he is just a visitor and if needed should be treated in the same way like any other visitor. When it happened to Mr.Kalam, yes we need to protest as he was a former Head of State. But that Noble person did not even speak about it. But this poor SRK saying his self-respect is hurt. What a loser.

    Also I expressed to take the "Global icon" tag out of the picture and focus on the system itself. Make sure you read and understand posts before rhetorical reactions.





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  • _TrueFacts
    09-04 08:06 PM
    Dealsnet,

    Yesterday too, you put a similar message to me

    Shame on you for posting such kind of messages on a member. You seem to be a religious fanatic, no different than that dead thug YSR. That is the reason you are supporting him.



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  • ramus
    07-03 09:35 PM
    This is strickly media drive thread.. please only post related to media drive..

    Thanks..



    We should ask Congress to postpone the July 30th fee increase while it studies how USCIS can function year round with the same efficiency that it showed in the last two weeks of June.





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  • snaidu
    05-10 10:27 AM
    I see a lot of people discussing about Canada.

    Any inputs about Australia and life down under?

    Thanks



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  • chintu25
    02-13 10:21 AM
    Agreed this is discrimination, what stops us from fighting this discrimination using legal class action lawsuit? Is it the money required or did a lawsuit fail earlier that inhibits us to file class action lawsuit?


    I agree with some senior members when they say that no one individual will come forward for the lawsuit . And I ask why should they ??

    And I think, even if one single or 2-3 people do come forward it will not be possible.

    This is the reason we have forums like our IV so that all can come together and take a decisive step together
    .

    Who can stop IV to file a lawsuit USCIS ? NO ONE

    Many members went on blabbering about how long the process is and how expensive it is ... REMINDER if we can come together and collect upwards of 35k FOR "Lobbying Efforts" we can definitely collect funds for a lawsuit.

    Some one here rightly said ...If we are retrogessed and there is a queue ..Is it because of you or me ?? NO it is due to the inefficiency of the USCIS.


    NO ROAD IS EASY IN THIS BATTLE..... AND ALL OPTIONS SHOULD BE EXPLORED

    Again , I want to reiterate , I think if IV core takes lead...hires a good attorney ....we will have funds for it....we have proved it in the past that IVians can contribute





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  • anujcb
    05-09 08:05 PM
    Do I have to go to a local police station and ask for FBI finger print card?

    can someone in detail tell me how this finger print/background check should be done in the US?



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  • msp1976
    02-13 03:30 PM
    Originally; I had interpreted the paragraph to mean if the total visas by category i.e, total visas in eb1 are unused then a country can go over 7% limit in that category (horiziontal spillover).

    However; the law is determining total as total visas for all EB categories as a whole. Therefore, there has to be unused visas from the 140,000 for a country to go over 7%.



    I interpreted that as allowing a country to go over the overall 7% limit in the total EB categories.....Which conforms to what USCIS did in 2005....USCIS allowed much larger than 7% from India that year...and they were within law...( Of course that can be litigated against if someone raises an objection ......)

    So if my interpretation applies and after reform there are 290K total visas available then there is a decent chance of EB2/EB3 India China to at least come to 2005 PD levels if not current...





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  • hebbar77
    09-04 04:06 PM
    Please contribute to IV before start collection for political party. Thanks

    I will donate to IV if I believe it made a different to my GC process.



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  • ragz4u
    10-24 12:52 PM
    I was under the impression that only an 'approved' labor can be substituted. I recently had a conversation with a friend whose company attorney had told him that even unapproved labors stuck in the Backlog center can be substituted.

    I am pretty confident that this is another case of an unethical, not-well-versed lawyer wishing to make a quick buck, but can someone please enlighten me if I am wrong?





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  • snathan
    01-17 10:02 AM
    Guys,

    We cannot sit idly and watch this developing story. We need to explore the possibility. How many are you ready for the fight?

    The Insightful Immigration Blog – Commentaries on Immigration Policy, Cases and Trends: NEW USCIS MEMO ON EMPLOYER-EMPLOYEE RELATIONSHIP FOR H-1B PETITIONS: IS IT A WAY TO KEEP CERTAIN WORKERS OUT? (http://cyrusmehta.blogspot.com/2010/01/new-uscis-memo-on-employer-employee.html)



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  • BharatPremi
    12-13 02:16 PM
    The OP was whether the country quota is constitutional. My interest was to find out if the current laws and regulations are violated by the country quota.
    As lazycis pointed out, SC seems to uphold the current situation.

    I was not looking into arguing in a court whether a particular regulation is fair or not. The law is what it is (what I or you consider fair or unfair is immaterial), question was : Is the law being implemented or not? Seems like it is.

    To change the law, we as IV are lobbying and meeting lawmakers already.

    Unless a constitutional lawyer says otherwise, I see no reason to pursue the country quota in a court, considering lazycis post.

    Yes. As long as it is established as "law" we can not pursue the solution in a court.





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  • bondgoli007
    09-23 11:07 AM
    I Support this idea!!

    For the the ones who are skeptical, there are two simple things to consider.
    1. Other than 5882 (which is the most preferred) is there anything else out there to help improve the Green card process? ANYTHING? we all would love to hear it.
    2. Even if this idea will not work for you (already bought a house/can't buy one right now), if this does go through and reduces the backlog, is it not what you want ultimately?

    As usual you are welcome to your opinion but considering the two points above please refrain from negative opinions because that usually dissuades some IV members to come out and support action items.





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  • amitga
    02-15 06:08 PM
    What happend when a law contradicts another law. There is a law which says slavery in unlawful and 'employment at will' is the right of every person on US Soil.

    Now another law is that to limit the number of visa which is causing the voilation of above mentioed law. USCIS is follwing the law of visa numbers. In the process the other laws are being voilated. Somebody should be liable for that.





    software7
    05-31 07:06 PM
    this pending I485 applications include dependents





    samay
    07-21 08:23 PM
    Hi,
    I am on H1B (7th year and got extended for 3 yrs) and applied 485, received EAD from company A (140 approved).

    I am asked to join Client by Company A due to some benefits both of us would receive. But Client wont support H1 so I need to use EAD.

    Since EB3 is in very bad situation, Can I file new Perm, 140 and port my PD for EB2 using Company C for future position? I have position, salary and exp required for EB2. When should I join Company C if I choose this route?

    Thanks in advance!

    Whats your EB3 PD. You can join company C anytime assuming that it has been more than six months since you filed your I-485. Company C can start the EB2 process should you choose to. However bear in mind that this process will also take some time.