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  • conchshell
    07-29 01:06 PM
    I assume that all the EB2 India who have decided to go for CP route will get their immigrant visas stamped in India. I noticed that New Delhi and Mumbai consulates posts a list of candidates due for immigrant visa interview at their website by the middle of the month. May be this list can give us an idea as to how many EB2 India will get their GC through consular posts:

    This is the link for New Delhi consulate: http://newdelhi.usembassy.gov/visa_interview_dates.html

    This is the link for Mumbai Consulate : http://mumbai.usconsulate.gov/interview_appt_schedule.html

    At the links mentioned above, you will find PDF documents telling us how many Employment based (EB2) people are scheduled for an interview during August 2008.

    If we can search and locate similar links for Chennai, and Kolkata consulate, probably by mid August we would be in a position to find out how many EB2 India are going to get their GC's in August 2008 through CP route. This will also tell us how many visas USCIS has got to process/waste.

    Gurus ... am I making any mistake here?





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  • vdlrao
    09-17 02:03 AM
    I got the below numbers from the PERM FDLC site for the applications filed in 2005 and approved in different years of 2005,6,7,8
    2005 India 1353 (filed in 2005 and approved in 2005)
    2006 India 3888 (filed in 2005 and approved in 2006)
    2007 India 60 (filed in 2005 and approved in 2007)
    2008 India 10 (filed in 2005 and approved in 2008)

    Total 5311
    5311 for both EB1-5 : So taking 50% for EB2I - 2655
    GC : 2655*2.5 = 6637 ~ 6500 (considering lucky 2008 Aug-Sep approvals, 2009 Sept)
    These are the right numbers for the 2005. Thanks for tempgc for doing this. And the corresponding numbers 3888, 60, 10 have to be deducted against from the years 2006, 2007 and 2008 respectively.





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  • jsb
    06-01 09:48 AM
    I think this is a requirement from US government that countries that need a SSA agreement with US needs to have a Social Security system. Asking our SSA and Medicare back is a good strategy which will benefit us one way or other....
    .

    With SSA agreements with other countries, money is not returned to you if/when you leave the US. Contributions you made for similar programs while working in other contries are collectively considered to decide your final benefit at retirement. Having no parallel plan in India it is difficult to have such an arrangment with them.

    Stronger argument would be, why should a guest worker contribute to SSA/Medicare when those programs are for permanent residents/citizens hoping to retire in the US. It should be payable only after getting GC. Of course, in that case, your benefits at retirement would also be lower. Note that your employer also makes an equal contributions to these plans.

    Most of you may already know but let me restate, if you work in the US for 10 yrs, you will get SSA at retirement, no matter if you have GC or not or where you live. There are some exceptions but they don't apply to India/China citizens living in their home countries.





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  • texanguy
    09-23 02:20 PM
    I think it would serve better to our community to channel our efforts toward eliminating the need of EAD and AP document and have I-485 receipt serve as those documents. It will take the pain away for the waiting people.
    All the USCIS needs to do is to declare that they will accept I-485 receipt as a proof for employment eligibility (maybe along with passport etc.)

    i mean afterall, do you really think that congress will pass any legal immigration bill before election? i dont think so, it probably would be in the lame duck session if we are lucky.



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  • GC_ki_daud
    08-06 09:56 AM
    Hi

    Is it ok to work part time (say 10 hrs a week) for a different company using EAD, while working for a primary company on H1B ?

    Thanks





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  • hydboy77
    06-01 12:28 PM
    You are 100% correct, all this pre-adjudication is a nonsense, knowing how uscis does things does anybody believe USCIS will not issue EVL in future, offcourse they will, how else can they justify there existence to continue recieving there salaries and pensions. This is such a joke, the whole idea of pre adjudicating would be that all the processing is done and when the date becomes current they can just pick the file and assign the visa number and issue the green card. But they will not do that, they will tinker with the application and issue an Employment verification letter, they will redo background check, they will ask for finger prints again........unending nightmare, I am not being synical just telling from past USCIS actions.

    If we cannot get visa recapture, if we cannot get removal of country quota atleast we should ask for an administrative fix where once the application is pre adjudicated the applicant should be left alone and not issed any Employment verification letter rfe, or semilar\same job proof if they are back logged because of country quota and face multiple year wait, this way atleast it will give people some breating space, the way the system if set up right now, EAD, 485 pre adjudication, I140 approval are all useless if you keep getting Employment verification letter rfe and same semilar job rquirement. Without visa recapure it is going to take atleast 10 years for Eb3 and Eb2 india (eb2 priority date after Mid 2003), in the next 10 years you will keep getting Employement verifivation letter rfe and semilar and same job requirement, there is no way anybody can survive that for 10 yeears.

    So guys and gals what do you think about it, maybe we are looking at it the wrong way, instead of visa recapture (I am not saying we should abandon visa recapture) we should also try for exemption of cases which have been preadjucated (485) from Employment verification letter RFE and same and semilar job requirement. Atleast this way even if it takes 10 years to get green card people will not have nightmares of being kicked out any time and with the stability they will invest in buying a house and spending which will stumulate the economy. Its a win win for everyone, for us EB immigrants, for the economy and also easy to fix as an administative fix. We have simpathetic people in Zoe Lofgren (Chair - Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law ) she was instrumental in forcing USCIS to reverse there decision during the july 2007 fiasco and accept the 485 application. We also have Charles Schummer. It is not that big a deal to ask for exemption of cases which have been preadjucated (485) from Employment verification letter RFE and sam and semilar job requirement, there are people with from other counries who have got a green card in a coule of months to 1 or 2 years whereas people from India are waiting with priority dates from 2000 and 2001. Once you get a green card you are exmpted from any rfe or same and semilar job requirement, it takes more than twice the time to get a green card for a person from India that to get a citizenship for a person from ROW. because of the long delays with us being in this process for multiple years and having to wait another 10 years for green card we should request for rfe exmeption for pre adjudicated 485 applications. I am sure we will get a sympathetic ear from Zoe Lofgren and like minded lawmakers. These Employment verification letter RFE and same and semilar job requirement were not framed assuming it takes a person from India 10+ years to get a green card. There were framed assuming it takles 2 to 3 years to get a green card.
    Lets be creative and try to work around the problem if we cannot resolve the problem directly, if we dont ask how will the lawmakers know this problem can be resolved by removing EVL RFE and same and semilar job requirement.

    It is very likely that these pre-adjudicated cases may be revisited for further processing in future for cases with more recent priority dates. This is just my opinion based on the fact of the predicted slow movement of EB-I priority dates in coming months and next fiscal year. Since so many AOS applicant have been pre-adjudicated , EVL RFE may be issued in future for cases who are pre-adjudicated now but their PD will only become current after 2, 3 or 4 years. This may be to verify that the applicant still has job offer at that time when visa becomes available. So I guess pre-adjudicating application, does it really make sense for later PDs? Any comments on this by other members?



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  • gimmeacard
    07-21 04:24 PM
    Did it for 4 years and quit in 2007... lost 20K and 95% of my friends...

    Quixtar is not bad but the people running sub-businesses (such as BWW etc) by pushing tapes and books on you make it HELL

    Stay Away unless you are willing to lose a lot to gain a few!!

    PEACE

    i am not convinced u lost 20k in it? my roommate was a quikster guy, he never forced anyone., he would receive all this Junk stuff to sell, after 1 year he said enough and stopped, i dont think its madatory to buy stuff, its all about the new member add and comissions with it that prompts them to catch new desis.

    For good sake desis, dont get your wifes and Kids involved in it, i ,met a desi in Target and asked him, dont u feel annoyed getting turned down with rude behaviours, ( he was with wife trying to get me to buy)

    he said NO? WHY? after all its all about Money? hear it





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  • kumjay
    06-27 04:20 PM
    Last one was good one from arihant.
    Lets move dates back to.......hmmm....when Columbus discovered America. Guys....Was Columbus on H1-B? Then he changed his status to Green Card....Gosh....dates were current when Columbus landed.....



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  • lipstickonuscis
    09-23 12:24 PM
    Nixtor,

    I am wondering if they will be eligible for exemption too. I am sure some of us have already taken the risky plunge and bought a house.





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  • GCwaitforever
    02-14 12:50 PM
    Let us get started with legal opinion of Rajiv Khanna. I believe we have strong grounds for the class action law suit for past sins of USCIS - not utilizing full capacity of VISAs for GC processing. That is defintely operational inefficiency. But USCIS might claim that this may never happen again now that the name check requirement is waived off after 180 days.

    Around 80 people voted for the law suit. I am willing to contribute $10 thru Paypal on my part. Please pitch in to make it $600 for the consultation. Then one of the folks in DC can get in touch with Rajiv.



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  • krish2005
    01-19 01:16 PM
    Yeah and I don't mind hiring your sister and mother too. After all I am EOE. You shut up and if you feel bad leave this profession. It's that simple. But don't be in state of denial. I just shown you the mirror. This reply pl don't read with humor.

    Friends,

    Lets try to stay calm and be together during these tougher times. Some might be in a better position than others which does not mean they will not be in similar state later on.

    There are knives hanging over our heads. Let us not forget that.

    Let peace and common sense prevail. Please note that antis might be watching the dogfight within IV.





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  • samay
    08-25 02:55 PM
    Dear Immigration Attorney,

    Can I out of US with old AP and returned with new (renewed) AP?

    You don't need to show the AP at the time you leave the country.



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  • nashim
    07-15 02:06 PM
    Dear Attorney,

    Is it possible to have 2 different I-485 with 2 different employers at the same time?

    I already have an I-485 pending through my current employer. Is it possible for me to file another I-485 through my future employer?





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  • hpandey
    05-01 04:38 PM
    Its in today TOI that Congress/UPA govt. has raised a concern to their PAK counterparts about safely of some 35 Sikh families living in a small village which falls in Taliban's territory.

    Why not a single statement by UPA Govt. / MPS/ any high ranking diplomats for Srinlankan's Tamil ? Are they affraid of Congress leadership or what ?

    I don't know for what cause LTTE is fighting for and see them as same other terrorist organization in name of freedom. Its LTTE and their leaders who should be punished and brought to justice for killing of Rajeev Gandhi, not the whole community.

    Don't be too confident that you may never be in the situation like them. Who knows tomorrow ? History tells us that you would be never safe on foreign soil ! If its not you, it would be your next generation who might seek support from your home country

    My post is to just show double standard played by UPA govt.

    The Pak Sikhs are being troubled by the Taliban whom everyone opposes and the Pak govt is doing nothing and hence India should raise a voice.

    The Tamils in SriLanka are not being opressed by SriLanka but by LTTE themselves ( using their own people as human shields ) . The Srilankan govt is trying its best to minimise losses while trying to rout the terrorist LTTE. India does not have any sympathy either for the Taliban or for LTTE. Both are enemies of India.

    Personally I hate the LTTE and their damn cause. Someone who would kill our PM does not deserve any sympathy.

    I cheer the brave SriLankan Army who will finally clear their country of this terrorist manace. I wish India had the same drive to remove terrorists from our country in J&K and elsewhere .



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  • shirish
    10-24 03:34 PM
    I have a question on a similer subject, but not exactly labour sub

    In my case my previous company filed my labour, i got it approved, then i got my 140 approved too. But i had to leave the company (I could have stayed for the GC but had to leave- before leaving that company i worked in their india office for 2 years). Then they used my approved labour for another employee.

    I have joined another company and back in the US now,i understand that the labour is not for me, i have to go for the labour again, but is it possible to use my previous PD.





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  • rajsenthil
    08-17 03:40 PM
    May be that immigration officer might have seen his stupid movie(s) and really got irritated. Finally when he got a chance, he let out his frustration.



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  • Openarms
    07-17 10:12 AM
    Dear Attorney,

    I am from India and working as a Software Programmer / Analyst in a decent company and I am using AC21 with this company...and my Green Card journey started September 2002.

    Labor applied (EB3) - September 2002
    Labor approved - July 2003
    I-140 / I-485 applied - December 2003
    I_140 approved - August 2004 after responding to an RFE
    Two times finger prints done and name check is done.
    RFE about sons birth certificate -- responded last year.


    But still the way things are going with Visa numbers and seems no light at the end of the tunnel. I am decided to change EB3 to EB2.

    What would you suggest?

    Where can I find the process for this switch (EB3 to EB2) ??

    Is there any benefit switching from AOS to Consular Process?

    Thanks and appreciate your response.





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  • chi_shark
    10-28 03:06 PM
    i am curious... if someone leaves a comment with a red or a green dot, how do i get to see the comment?

    Some moron gave me a Red for my post below with the comment ".."

    Seriously dude, if you are so naive as to think that ROW folks are just going sit around and watch EB2 India consume the spillover numbers, then get your head examined or stop smoking that pipe. Have you ever wondered how low the participation is from ROW applicants on these forums? This is simply because for the most part its become a desi forum mostly dominated by EB2 folks.

    Or you can give me another red and stick your head back in the sand (...or in those clouds, whatever the case may be)





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  • actaccord
    01-13 08:31 PM
    at least one person could respond in more civilized and matured way. These kind of response will give good impression about a forum.

    Guys please keep your comments in more civilized way to keep/gain good public image of the forum.

    I do read most of the threads in this forum (whenever I feel free) i feel some of members who are donors/senior members feel they can get to fight (in abusive way) with any one on any thread no matter whether it spoils the image of forum or their response adds no value to the thread. These kind of attitude can be expected from new members as they may have wrong intentions (or to just vent their frustrations) to join in a forum. But people who are very senior and donors responding in uncivilized manner is not good for them as well as the forum.

    I don't see anything wrong PlainSpeak's suggestion but I can't comment on if her suggestion is workable or not. But we can just explain what is right or wrong instead of getting into fight mode.

    I would like to see some kind of administration control (removing the response, warning the members) on those threads with abusive/uncivilized response. I know it is tedious job but once we have senior/donors under civilized conversation controlling new members will be of easier as seniors/donors can report those unwanted conversations.

    It would be great place to share ideas (good, bad, right, wrong) if those uncivilized response is reduced. The lesser the uncivilized response more the people willing to join hands.

    I wanted to join hands but those uncivilized comments keeping me away from participating. I do have friends who joined after me referring felt the same, some even stopped visiting this forum after seeing uncivilized fightings.

    There are great people like amitjoey who convey the message in more civilized way (as far as I have seen) and help others (its not easy to post 1100+ posts....). I am new to this country and have very less experience and knowledge to share. But I hope one day I can guide/help some people like amitjoey.

    Reason for me to share my thought is amitjoey, otherwise I would have just gone through the thread and felt bad about this forum for uncivilized comments. I am not into any group yet (Eb2/3) as my comp is not going to sponsor gc as per new policy, so I don't belong to any group (or we can say group who's gc never filed). When I read PlainSpeak's comment I thought she was right and after reading amitjoey's comment I learned another view for this issue. After reading those two comments I understand the issue and why IV took different direction or direction different from PlainSpeak's. But when I continued reading this thread I felt why some educated people with good intentions have bad thoughts and respond to others in uncivilized way. In the whole thread only two comments make's sense to me rest doesn't belong/fit to this forum.

    Lets get more new members and be civilized to gain confident which will gain more strength to the forum.


    Do not overanalyze any bill- All these bills are mere drafts until they come on floor for debate, and even after that they go thru amendments, rewriting, and the final bill comes out in most cases to be very different from the original. Even after the bill is passed in both houses, the committees that are responsible in reconciling the bill will tweak it and fine tune it.
    This means that even good provisions can be deleted at any time during the debate, thru an amendment lobbied by the antis- if the EB Community is not vigilant.
    To give you an insight: In Dec 2005, there was a line item in a bill that would have recaptured visas for EB applicants, the bill was passed – and at the last minute this provision was deleted.


    IF you read through the provisions and the paper that IV created for lobby days in July 2010- Each one of the provisions and the underlying text that IV is asking for has been written with clear understanding of the issues EB applicants face- It is written in a way that if incorporated in any of the bills as an amendment- will give fair and balanced numbers to all categories -EB3, EB2.

    So, regardless of which bill (Immigrant friendly) comes on the floor- IV will lobby to have this package included as an amendment. Or IV will lobby to get this inserted into the main bill.

    So- Please, do not get worked up about EB3 vs EB2. OR India vs China vs World

    The real work is to be vigilant about what bill has the chance to come on the floor and then lobby to get the amendments included.

    There are bigger issues for our community- Not one immigrant friendly bill has come up for debate in the last 4 years (exception is the dream act). And here the IV Community is debating and fighting about provisions about one of 100 bills that might never see a chance on the floor.

    The big battle is to advocate and lobby at grassroots to get a bill to come on the floor- persuade lawmakers to be cosponsors for a bill that will help us, and then when the bill is up for debate, we can talk about what we should include as amendments or insert in the main bill to make it fair for everybody.





    logiclife
    01-23 04:32 PM
    http://news.mainetoday.com/updates/008785.html

    NEWARK, N.J. - A business owner from India was sentenced Monday to 20 months in federal prison for helping hundreds of immigrants live and work illegally in New Jersey and elsewhere in the United States.

    Narendra Mandalapa must also forfeit $5.7 million and two luxury cars - deemed to be proceeds of his crimes - and pay a $25,000 fine, under the penalties imposed by U.S. District Judge Dickinson R. Debevoise.

    Mandalapa, 36, was owner and president of Cybersoftec Inc., a business consulting firm based in Edison in 2004 and 2005.
    Cybersoftec also claimed offices in Portland, Maine, and
    in New Hampshire, and obtained more than 150 certifications in the two states for temporary work visas in 2004 and 2005 through the U.S. Department of Labor, the Portland Press Herald reported.

    Cybersoftec, according to Maine Department of Labor records, also filed about 50 labor-certification applications in Maine for green cards, which allow foreigners to live and work in the U.S. indefinitely.

    Mandalapa had pleaded guilty to immigration fraud, admitting that he got up to $22,000 from immigrants to file fraudulent documents. Those included I-140s, which are petitions for an alien worker to become a lawful U.S. resident.

    Mandalapa has been in custody since his arrest Nov. 3, 2005. His lawyer, Bruno Bier, said Mandalapa will get credit for his 14 months of confinement and will spend about six months in prison before he will likely face deportation proceedings.

    None of the indictments on 29 counts of immigration fraud, money laundering and mail fraud related to his applications for green cards were linked to activities in Maine. Mandalapa pleaded guilty to one count as part of a plea bargain.

    Bier said Cybersoftec is no longer in business.

    Our message to Narendra "Nick" Mandalapa : Enjoy prison. Maybe on the inside, you can sell contraband items just like on the outside you sold approved labor certs.

    --------------------------------------

    Like someone said on the news article thread, the only difference between this guy and other desi companies (Desi means "of Indian origin") is that this guy got caught, while hundreds of other companies still sell approved labor certs with earlier priority dates.

    And all this illegal trade is much to the delight of AILA, who is pushing hard to keep labor substitution alive.

    What's in it for AILA? : Additional business of labor substitution. Now, for a few extra pennies, AILA would not hesitate to screw thousands of GC applicants waiting in line and enable the "Cutting in line" that happens due to labor substitution.

    So if you think AILA is a friend of immigrants (legal or illegal), think again. Its a friend of $$$. And there is nothing wrong with that. Everyone pursues self-interest. That is what AILA is doing. But dont misunderstand AILA as a champion of immigrants (legal or illegal). It represents immigration lawyers, not immigrants. On a rare occassion, the interests overlap, and that's good. But on many issues, AILA has a history of being very very employer friendly as far as immigration law is concerned, even if it comes at the cost of employees(immigrants).





    fairman
    08-18 09:50 PM
    What if you have no profile. I mean if somebody is not even in GC line, he/she can't even post in these forums? What kind of lunatic logic is that?

    Please put a profile.



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