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Friday, July 1, 2011

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  • amitga
    02-12 11:53 PM
    I support this. We should go for massive class action law suit.





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  • gc4me
    07-16 02:05 PM
    I-140 IS NOT PORTABLE. PD is portable.
    You can get 7th year extension to your H1 transfer to caompany B based on your I-140 approval from previous compnay. You have to file new LC and I-140 from your new company and while filing I-140, you port your old PD by providing your old I-140.



    Hello,
    My labor is approved in August 2007 and I have approved I140.It is likely that my company might declare chapter 11(bankrupt).I have not yet filed my I1485 yet as dates are not current for my PD.

    My question is can I port my I140 to a different company B and extend my H1 based on the approved I140 from company A.
    If yes, What documents do I need from company A to get this done.There were some posts which said I cannot port without having my 485 filed and pending approval for 180 days.is this true?
    Can someone provide some suggestion what would be good approach.





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  • shirish
    07-14 01:30 PM
    Hi,

    I applied for I-485 for myself , my wife ans son, on July 27th 07 (Thi sis the receipr date), My lawyer did not send the medical reports with the application. Currently the reports are with him. Medical exam was done on July 18 07. My PD will be current in Aug 08(as per the bulletin). I am sure i will get an RFE for the medical reports, and most probably it wil come in AUG 08 or later.
    My question is, do i need to go for medical exam again , or can my lawer send the reports that he has with him to USCIS in reply to the RFE? I am confused since, by the time i get the RFE, the reports would be more than 1 year old.

    -Shirish





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  • Lasantha
    02-15 01:41 PM
    You are welcome Dyana. Also if you search this forum, you might be able to find lots of threads on filing 485, doing medicals etc from last June/July/August. These topics were beaten to death on this forum last year when a whole bunch of us filed 485. Good luck!

    Thank U all for your quick answers&good advice.It feels good to know I have new friends who can help me with my questions.
    About the cheques u're right, that's how we have done it. Separate personnal cheques for each of us, easy to track online.
    Hopefully we are not out-of-status and my husband's employer is not on th black list.
    How couldn't I figure it out by myself what IV means????Shame,shame...



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  • abhisec
    07-29 05:25 PM
    I doubt it. My sense is that USCIS has already processed most of EB2-I cases until early 2004 - based on approval trend seen on IV, Murthy Forum, and a ton of personal friends. If it goes back it may go back to Fall 2004 time frame.

    I hope you are right ;)





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  • immiMar2005
    07-29 11:54 AM
    Dear Attorney,

    I was sponsored for a GC by my current employed through EB3-India category with a PD of Mar 2005. I currently have a three year H1B visa valid until end of 2010 based on the approved I-140. I was unable to file for 485 during last year's July fiasco.

    Do you see any issues with my taking up a job with a new employer and maintaining my current GC process? Filing a new I-140 under EB2 is a possibility as well.

    Thank you in advance!



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  • jkays94
    07-11 10:00 PM
    One of my friend was so frustated with this situtation , that he even explored IT jobs in gulf countries.He was telling me IBM has big presence there & with US experience , you can get manaegerial position with almost double salary.Also its nearer from India.


    Not to mention that if the offer is good and depending on the country, it is not uncommon to get a tax free salary, housing, 2 round trip tickets to one's home country for the individual and their family, in essence your major cost will likely just be food!





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  • sri1309
    09-25 06:56 PM
    The logic is that you are 'putting down roots' by buying a house. If all it takes is proof of closing a mortgage, one could always turn around and sell the house. somethng like that would undermine the credibility of IV in the medium/long run.

    I had initially advocated treating first time home buying as the same as marriage to an American citizen. In my opinion, that is a short,sweet,simple and sensible approach to follow that will also resonate/stick in lawmakers minds (rather than a long,rambling letter, no offense meant to the writers, it was quite well put together).

    Ghee agar seedhi ungli... I guess you can complete..



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  • WAIT_FOR_EVER_GC
    07-22 12:50 PM
    $$$$$$$$$$$$$$$$$$





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  • dealsnet
    09-03 10:47 AM
    IV have some threads about unrelated issues. But many replied because it is related to home country.

    But yesterday many people put funny posts regarding a second time elected CM, made me a bad feeling. Some one want to see his son also want to be killed. It means he want to see YSR family perished. No one put a comment like this when terrorist Kasab went rampage in Mumbai, no one want his family to be killed. This shows Kasab is better than DR. YSR Reddy ???. Educated people must behave responsibly.

    THIS ALL SHOWS, THE THE POSTS AGAINST HIM IS PARTISAN. SRK AND YSR ARE DIFFRENT. SRK done it for publicity for his film.

    If he is bad, no one vote for a second term. First time in AP, Congress CM completed 5 year term and elected for the second term. I don't know him. But reading from the online news, the comments which I have seen is very disturbing. Five people lost their lives. All family members are in a shock. One of the pilots wife is still not talking, becuse of the shock.

    SEE FROM BJP FIRST TIME FOR AN OPPOSITION LEADER:
    BJP President said as a mark of respect for the late leader, BJP’s flag would fly at half mast at the party headquarters. Party leaders said this is perhaps for the first time that party’s flag will fly at half mast following the demise of a leader of the opposition party
    Many states declare public holiday for his respect. These are ruled by other parties (Karnataka, TN etc..)



    SEE openion of TOI readers.

    India - NEWS - The Times of India (http://timesofindia.indiatimes.com/opinions/4967438.cms#top0)



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  • Imigrait
    06-16 03:25 PM
    To be honest, you are the kind of people, with the right attitude and qualifications, who deserve the GC and should not be subject to these mindless wait times. I am truly sorry for you. Hope the best for you

    Who defines what "right" qualifications are? Will IIT Kanpur make the cut and not IIT Guwahati? In the US, especially Sillicon Valley the best people from all over the world come for work. People from the best colleges in their countries come to work in addition to people from "normal" colleges from their countries. Where does India's top colleges stand compared to the best colleges around the world? IITs according to some rankings are not even in the top 200 colleges. Does that mean we exclude them altogether? Where does that leave BITS Pilani? Stop harping on that qualifications theme. I know people from both Bombay University and IIT kanpur Eb2 2003 waiting still for their GCs in the same company and same department. Workwise both are similarly capable.

    I would suggest you to think hard before you do your MBA. An MBA does not teach you that 1+1=2 all the time unlike an engineering field.





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  • srikondoji
    07-03 09:50 PM
    Under the section "Why does it hurt?

    Lawyers who charged upwards of $2000 for filing will not refund the service fee, so candidates have to pay again when dates become current in future.

    The biggest loss is the trust, coz, next time people will not believe these mid month bulletins at all as they can come around anytime and revise the dates. So, applicants will always have to live in fear untill they receive the receipt.


    I am trying an outline for sending to media + lawmakers + ...

    The following is a very rough draft without reading some of the letters posted in the thread. I will read the posts tomorrow and polish it by tomorrow evening. I will need everyone's input since I don't know all the issues.

    Introduction
    Retrogression in GC process.
    What happened

    USCIS announced at the time the forms were due.
    Applicants started filling forms 2-3 weeks before July 2.
    Applicants changed their schedules to submit forms.


    Advantages of EAD + AP
    Don't know all!

    Travel without visa -> saves Embassy overhead.
    Spouse can work.
    Can switch job.

    Why does it hurt

    Medical will not be valid after 1 year.
    Rejected June filers can not file.
    June filers did not file because they thought they will file in July.
    Fees more then doubling
    Name checking (which can take 1+ year) done in parallel with waiting for GC #.
    Load balancing for USCIS.
    USCIS which is supported 90% by application fee needs to care for applicants.
    Very little chance of legislative relief for a looong time.



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  • amitga
    02-15 08:32 AM
    Very well said & I just feel the same...I have already lost hope on this GC and can not predict how long its going to take but for sure before I leave this place and go back to home country I will contribute my best of share in this fight for justice and full support...count me in with out any doubt!!

    The current situation is a gross voilation of the constitutional right of employment at will. This amounts to Involuntary servitude which is a more techincal term for slavery. Read yourself the definition of both and make your own judgement.

    In my view (though crazy and totaly impractical) the law suit should be against all the employers because they are the one who represent Govt/USCIS in processing our Green cards. Employers told us that we will process your greencard and you will be a PR in x number of years and now that x is infinite.


    http://en.wikipedia.org/wiki/At-will (http://en.wikipedia.org/wiki/At-will)

    At-will employment is a doctrine of American law that defines an employment relationship in which either party can terminate the relationship with no liability if there was no express contract for a definite term governing the employment relationship. Under this legal doctrine:

    “ any hiring is presumed to be "at will"; that is, the employer is free to discharge individuals "for good cause, or bad cause, or no cause at all," and the employee is equally free to quit, strike, or otherwise cease work.


    http://en.wikipedia.org/wiki/Involuntary_servitude :

    Involuntary servitude is a United States legal and constitutional term for a person laboring against that person's will to benefit another, under some form of coercion. While laboring to benefit another occurs in the condition of slavery, involuntary servitude does not necessarily connote the complete lack of freedom experienced in chattel slavery; involuntary servitude may also refer to other forms of unfree labor. Involuntary servitude is not dependent upon compensation or its amount.





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  • sdrblr
    06-01 10:37 PM
    I do not agree ,
    They should not deduct SS/Medicare taxes, If i am not eligible for it.

    So basically you pay for a CAR , and you dont get the delivery.. What do you do??

    We have been trying for the recapture. And i see no success, or even close to sucess.
    A good lawyer, can prove that the country quota is a racial discrimination or is unconstiitutional.

    I may be wrong , and this is just my opinion.

    buddy, you are paying for somebody else now :D. By the time most of us are eligible, there will be no SSN as it will be bankrupt soon :cool:



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  • soljabhai
    12-14 04:39 PM
    Following text is from IV's about page

    America has had per-country ceilings since decades on family based and diversity-lottery based visas and it makes sense to have uniform distribution of visas to countries where the basis for immigration is family relationship and family reunification. However, in the employment based immigration system, the petitioner is the employer who wants the retain the employee and facilitate employee retention based on skills, knowledge, education and talent. Employability has nothing to do country of birth. We do not allow employers to discriminate hiring based on their nationality or country of origin. Therefore, the employment-based immigration, which is a derivative benefit of employment, should also be free from rationing based on nationality or country of birth.

    In other words IV itself holds the position challenging the merit of "Nationality Origin" in "Employment Based Green Cards"





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  • godbless
    04-09 12:44 PM
    How long it takes to get Canadian PR from USA in Skilled Worker category? How much time the documents collection (like FBI clearnace, police clearance etc.) takes and how much time is taken by the Canadian Consulate to process your application?



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  • vamsi_poondla
    02-15 03:34 PM
    I dont understand the whole point of discussion here ... What does the IV Senior Members think about this , The idea of a lawsuit to capture the loss immigrant visas, is not against USCIS, its against the system. Infact the USCIS should be on our side, as per the USCIS Ombudsman, Mr .

    Atleast we should try , discussing and cribbing on the forum wont help.

    Have you checked the latest news about USCIS Ombudsman's Mr. ? Here I am not talking on the behalf of senior members, if some leaders come forward, make efforts to sue USCIS, I don't doubt about the moral support from entire IV community including senior members.

    Once it is law suit, USCIS is the system since it is what created this wastage of visa numbers.





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  • irock
    07-29 01:45 PM
    Chennai consulate Aug interview appointments URL: http://chennai.usconsulate.gov/uploads/images/yWMjU032EdCBcZW2qhz3yw/ivapp0808.pdf

    There are 14 E2 appointments in Aug.





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  • msp1976
    02-18 10:19 AM
    UnitedNations,

    Your argument about immigrants favoring their kin for the employment based immigration is true...and you say that the USCIS would increase the scrutiny of each application...But it is a fact that a majority of our members, I would estimate 80% or more would very well stand up to a rigorous scrutiny...You see a lot of Indian coming in on EB immigration not because they have some kin here in US to sponsor them but because of the fact that there is a massive skills buildup in India as a effect of several favorable factors like...
    1. a large education system producing a large number of graduates...
    2. increased awareness in the population of the capability of technology wiping out their poverty...
    3. large hungry young ambitious population who toughen up in cutthroat competition...

    So I say let there be increased scrutiny.....If there are larger numbers allowed of EB immigrants even with rigorous scrutiny and prompt processing.....My particular group would emerge as a winner....

    During my education in India I have gone through so much scrutiny, I am not afraid of any scrutiny any more....I welcome it.....


    Now; some people may not like this posting. However; you need to have as much information as possible in order to strategize and talk to various decision makers. Some of them might sit there and listen to you but then when they start studying the situation they might come to know what I have posted here. if/when quota increases, it will probably be because when the intial 140,000 was set; the economy was at a different stage, population was at a different stage. The increase would probably just follow market realities (population is more then what it was when 140,000 was set and we need to adjust it accordingly).
    Reply With Quote


    When the cap is revised, I agree that 'the increase in net population' is one parameter in decision...
    But that should not be the determining dominant parameter....

    The dominant parameter should be the change in the US demographics and the needs of the US economy...Millions of baby boomers are gonna start retiring soon....The cap has to increase keeping that in mind....

    The projections of manpower deficit due to demographic shift are in millions......

    If you want to maintain the same standard of living, you have absolutely no option but to import more skilled labor....and lots of it.....


    America is barely producing babies at replacement levels and between 2011 to 2032 ...... 77 million baby boomers( people born between 1946 to 1964) would need to retire or phase out involvement in active labor force....
    http://www.teamncpa.org/main/news.php?ItemsID=165

    Doggone illegal mexicans would not take care of your high end requirements ... That is just fact of life...Now you tell me how much the EB cap should be .....


    I understand that Americans are concerned about their jobs and the whole argument... But look into the future...
    If you stop this immigrant flow and I am not talking about the mexicans...Your standard of living would undergo revision on the great depression scale on the scale of 1930's depression....You would have economic contraction rather than expansion...This would become a country of old geezers dying of hunger......
    Please forgive me for the harsh choice of words....But someone has to show you the mirror...





    tikka
    07-03 06:12 PM
    Hi all,

    Regarding the recent goofup by USCIS, please rate this story

    http://digg.com/politics/No_July_4th_Celebrations_for_Highly_Skilled_Future _Americans/who

    if this receives more than 100 users rating for the story in next 5-10 hours - it would be displayed on the first page. Digg.com is read by hundreds of thousands of web users and there is high chance of getting picked by main stream media.

    Note that you ll have to signup as digg.com member to rate it - it ll just take 30 secs of your time.

    Sorry I wasn't able to submit the official IV prlog.com url since it is not accepted by Digg.

    thanks.

    come on folks... please log on...





    sachug22
    09-17 10:57 AM
    Do you have any data to back your claim? I beleive there are more EB2 China numbers than India. I remember seeing some data a while back where Indian EB2 & Eb3 ratio was close to 50% where as China it was 80% EB2 to 20% EB3. Which makes me think there are more EB2 china than india.

    Read this quote from Ron Gotcher, assuming that he is getting the data from CIS sources for EB2 ratio between India/China is 2.5 : 1

    Immigration Information Discussion Forum - View Single Post - Collaboration on visa quota data/analysis (http://www.immigration-information.com/forums/33180-post56.html)