Tuesday, August 9, 2011

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  • Legal
    07-26 10:31 AM
    According to my analysis based on recipted/pending I-485 they processed some 80-90K (estimated range) EB I-485 applications which 57/65% of 140k by April 2008.

    May month usage was very low, i feel June/July not to bump too much so another 20k cases. We should still have FB rollover from 07 (31K) + another 10k visa in the pool for Aug/Sept visa.


    It appears FB spillover is factored into EB quota in Sep bulletin every year.





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  • _TrueFacts
    09-03 08:21 PM
    Comparing Ted Kennedy and YSR..not a sane mind would do.

    Amassing money in the name of fictitious projects is dynamic?
    Relentless swindling of money by the parties, leaders, ministers and bureaucrats is dynamic?
    Mobilizing and supplying huge money to prove your royalty to party in Delhi is dynamism?

    If that is the case then Manmohan Singh, Abdul Kalam what are they…they had every chance and more why don’t we speak about them the same way. Show me one personal allegation on Manmohan or Abdul Kalam.

    Yes, it is dynamism to stay in power and to mint money and for people like you…not for administration.

    Any one speaking against, has to deal with personal abuse, that’s even with opposition MLA’s. What happened to democracy?

    Since 60 years Congress has ruined India and people like Sonia and YSR are few examples of corrupt politics and YSR is openly involved. YSR is no different to a dictator.

    Corruption rampant in AP under YSR's regime (http://www.merinews.com/catFull.jsp?articleID=145882)
    Mutiny.in � YSR’s new low (http://mutiny.in/2007/07/23/a-new-low-from-the-andhra-cm/)
    The Hindu : Andhra Pradesh News : YSR a champion of corruption: Chiru (http://www.thehindu.com/2009/01/23/stories/2009012360510800.htm)
    YSR the most corrupt politician - Telugu Movies - Zimbio (http://www.zimbio.com/TELUGU+MOVIES/articles/14097/YSR+most+corrupt+politician)
    Naidu to approach Centre on YSR’s ‘Satyam route of corruption’ (http://www.indianexpress.com/news/naidu-to-approach-centre-on-ysrs-satyam-ro/425227/)

    One can write a book on YSR’s corruption. AP has become worse than Bihar.





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  • paskal
    07-18 08:38 PM
    Hi Paskal,

    We dont have any official source of available visas for EB2 India as of now.
    But based on the information availale it seems there would be about 30k visas, which are about 10 times more than what its been now (3,267 VISAS for EB2 India), available for EB2 India. Even though China shares with us for these visas, it would be minimal for china sharing as because china had already a cutoff date of Jan 2006 by Jul 2007. EB2 India has to be current pretty soon as of the increase in visa numbers allotment to almost about 10 times due to the horizontal fallout.

    We need your inputs as well, on this calculation of estimated visas for EB2 India.



    .................................................. ...

    Originally Posted by sumagiri :

    There are some significant flaws in your analysis. If you correct them, the number comes to around 25K.

    First. The family spill over has to be applied to all categories. So the total number is 140,000 + 19,000.
    Second. You calculated EB1/2/3 gets 1/3 which is not correct. They use only 28.6% not 33.3% This makes difference.
    Third. The EB1+EB2 combined 70K already counted 9,800 visas for India. We should not add them again.

    According to USCIS/DOS testimonies they will usually end up using only 95% of total quota. They go conservatively because they must ensure that they won't use up even a single visa more than what law allows.So total available is approximately 159000*.95 = 151050
    Third. EB1, EB2, EB3 each will get 28.6%. Not one third (33.3%). That makes lot of difference. So each category will get around 43,200.
    EB4 and EB5 combined will get around 21,449

    Now again, going by statistics and your assumptions that EB1 and EB2 takes up 70K and EB4, EB5 takes up around 10K. The unused visas are

    ((43,200*2)+21,449) - (70,000+10000) = 27849.

    So the total EB2 visa usage will be around 70K + 25K =95K.


    http://immigrationvoice.org/forum/showthread.php?t=20167&highlight=vdlrao&page=7


    but the spillover is done quarterly per USCIS.
    we do not know how much of the stimated 20K (for India, assuming the erst is China) is already used up, assuming this is the total number if unused GC for the year.





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  • vinabath
    10-24 11:11 AM
    I have a different opinion.



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  • gcfriend65
    06-26 12:34 PM
    The Visa cut-off dates are issued by the Department of State.

    Right now, the message shows:
    E. EMPLOYMENT-BASED VISA AVAILABILITY DURING THE COMING MONTHS

    All Employment Preference categories except for Third �Other Workers� have been made �Current� for July. This has been done in an effort to generate increased demand by Citizenship and Immigration Services (CIS) for adjustment of status cases, and to maximize number use under the annual numerical limit. However, all readers should be alert to the possibility that not all Employment preferences will remain Current for the remainder of the fiscal year. Should the rate of demand for numbers be very heavy in the coming months, it could become necessary to retrogress some cut-off dates for September, most likely for China-mainland born and India, but also possibly for Mexico and Philippines. Severe cut-off date retrogressions are likely to occur early in FY-2008.

    Can you confirm the source of your information, that the August Bulletin will be showing retrogressed dates.



    Yes, the august bulletin will be showing retrogressed dates. But when August bulletin is issued in mid-July, it does not impact the petitions received in July, because the August bulletin applies to August and even if August is retrogressed until 1975, they still have to accept 485s until 31st July.

    That's what your lawyer said. Right?





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  • franklin
    02-14 04:44 PM
    Wow - yes, I obviously wasn't getting the point! Thanks UN for clarifying it.

    My earlier comments were more questioning why we debating what I thought was a hypothetical problem, ie "if there were unused visas, there wouldn't be retrogression", and I was missing the bigger picture.

    I certainly wasn't "one of those EB3 WOW guys" just arguing that we should get all the extras, if you know any history about my posting on this board, you'll know that I am concerned with everyone's fight, not just mine.



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  • rajesh_kamisetty
    07-10 02:25 PM
    Changed my mind. Updated my message. I appreciate your defense.

    please dont speak on behalf of everyone....speak for urself....and do us a favor...did all those folks from AP came to you and suggested that they can only breathe,live and die in usa....congratulations...you just became eligible to join the elite club of stereotypes with your narrow minded mentality........thankx...





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  • bitu72
    09-29 02:09 PM
    HI can some body answer if we can apply for canadian PR with H1 B valid for less than 1 year.

    For canadian citizenship you have to be in canada for 2 yr(physicaly) and after 3 yr after stamping



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  • newtogc
    10-02 11:39 PM
    Hi All,

    One company offered me pre-approved labour, with PD as Dec-2004. They are mentioning that I can file i140 immediately as soon as my H1-B transffered to new company.
    I have been hearing the news about LC substitution elimination. Any authentic news regarding this? Even if the USCIS publish the news regarding the elimination of LC substitution, Will it undergo the hearing / comment process. During this time can I apply for i140?

    Is it better to take this LC( all the criteria required for sub is matched) or apply a new labour under PERM process.
    Currently I am in my first H1-B and valid till Oct 2007.

    In similar line, what are 45 day letters? Does it apply to my case.

    Please need experts advice in this regard.

    Thanks,
    BNR.





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  • samay
    07-06 11:35 AM
    My wife came to US on L2 visa. We applied for her H1 in April'07 and got selected in lottery :). She has been working since Apr - 07 with the same company first on EAD (from L2) and then on H1B. meanwhile we got lucky in July 08 and applied for 485 for both of us. We came back from India in Mid May using AP after one month vacation. ( we have EAD and AP). She stopped working 2 weeks after coming back and hasnot worked since. My quesion is
    --- What is her current status ?
    --- Can she start working on her EAD and abonden her H1B?
    --- Will she be able to come back on H1B or H4 ( I also have H1B now)

    :(


    Hello,

    Your wife 's current status is pending adjustment of status (pending 485) or a parolee. Yes she can commence working immediately on her EAD. However should she want to enter the US on a H-4 visa she would need to have an approved H-4 petition and get her visa stamped outside US to enter on H-4 visa into the US.


    =============================================
    Immigration Attorney
    Licensed to practice US Immigration Law and practice concentrated on US Immigration Law & Nationality Law

    Disclaimer: This information is general in nature and is not intended, nor should it be construed, as legal advice. This post does not create any attorney-client relationship between us. For specific advice about your particular situation, consult an attorney.



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  • ItIsNotFunny
    03-26 01:19 PM
    ......because you are using labor substitution.

    At this time nobody can do anything legally against people who are using labor substitution and employers who are secretly selling labor substitution.

    This substitution is increasing backlogs, is unfair to people waiting in line, encourages employer exploitation since they use it as an incentive to woo employees and then exploit them, 'selling' is illegal but one must complain against the employer and the employee for DOL to act.

    Lawyers are part of this scam. I have read in some posts that even AILA opposed when labor substitution was being ended. It is a lost business opportunity for their lawyer members!!

    I have pointed several labor substitution members on the forums in the past. some of them were never found on the forum since they feared being caught. They must have changed their ID or ran away. So until a law is passed for banning it, such 'trade' that hurts our interests will continue.

    Good that you guys are only buying labor certifications. There is no 'legal' process to buy greencards directly from employers yet!!

    I am not using, but I still agree that given opportunity you should use it.





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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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  • bestin
    01-10 07:11 AM
    Dont worry dude.my pd is eb2 Jul07 and my L1 expired in Dec.My company applied for my H1 in sep 09 and it was approved in 3 weeks without RFE. Some of my friends in consulting got RFEs for renewal but was eventually approved atleast until the date of contract.

    Hello Gurus,

    My priority date is Aug 11 , 2006(EB2) and my 6 year H1B ends Sept 2011. Is there any chance the priority dates will move to Aug 2006 levels in FY2010? Or in FY2011? I am really worried because these days people are getting rejections for H1 renewals. When my time comes for renewal I want to have the EAD as a backup in case H1 renewal gets rejected.

    Please let me know your thoughts on movement to Aug 2006 before Sept 2011.

    Thanks.





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  • ss1026
    04-20 11:50 PM
    You said (Today in India Hindus&others are 70%,Muslims 20%, Christians 10%)

    I countered that this is a standard ring wing propanga. Minorities are not 30% of india as you claim but about 15%. I checked wikipedia at http://en.wikipedia.org/wiki/India and CIA at https://www.cia.gov/library/publications/the-world-factbook/geos/in.html. Offcourse, per you, everybody has a plan against Hindus and wikipedia and CIA are in on it.

    No don't' answer me get yourself the answer.You go check your stats.

    That's why I say read everything I write
    Easy. You are not teaching in the RSS classroom so you need to be logical, not vocal.

    I'm very well aware about how good the official stats are.I'm aware of the tricks wherein a minority family of 15 says they are just 4

    Crap, you are in on the minorities plan. You are something...or just plan Racist. And since you seem to like stats, if 15 minorities are counted as only 4 in the census that would change the current muslim proportion from 13.5% to about 50%. Easy, don't loose sleep, it is just your lies and racist views.

    As for everyone having some secret plan, that was sarcasm, not desperation

    When India shines with the efforts of sensible people you shine too(only to come to US and talk about 'fear and hatred crap')
    If India sinks because of your illiterate tactics, know this, you may be fine but there will scores of people from all religions in not so good situation as the selfish breed like you would be in.
    Get over the thought that you represent India. Your hegemonous, racist view is a vocal but small and unfortunate part of the Great fiber of India.

    PS: Who is the one shooting crap to see what sticks and who is desperate. I never wrote one line supporting congress/TDP/BJD but lets see how far you go to discredit someone

    There was something about Opus Dei,KGB thing mentioned in connection with Sonia in some articles.

    I tried to find out why Sonia is in Russia but almost all the papers were excited about the reliance plane(could it be Anil's or Mukhesh's) but didn't say anything about Russia visit.I moved on and still don't what was it about though hoping it was something good for country and not revival of KGB connection(When U.S.S.R collapsed it was made public from KGB archive that Rajiv/Sonia were constant recipients of KGB money.?,it's anybody's guess

    Her birth certificate says she was born in Turin but she told parliament that she was born in Orbassano. And that is bad because ....... Oh well



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  • NKR
    02-19 02:51 PM
    NKR, my friend, i'm puzzled, u speak of in-state tuition, visa stamping, life insurance.. how is that different for ROWs from others, we are all the same in that, we are all the same being skilled immigrants all of us, when i complain that someone says indians and chinese are here in larger numbers because they are best and brightest and ask them to be sensitive it doesn't mean that we all suffer the same hardships.. when i state the fact that bodyshops contributed to the longer lines for some countries i don't say i'm indifferent to your suffering, but i also say it can't be fixed by making another group suffer
    peace..

    You have to look at the context in which my comments were made. Somebody said that H4 spouses go to college and pay instate fees but they have to pay international fees. I never said that ROW people do not have any of those problems but it just that we have to endure that for some more years. Having said that, I reiterate that I want my GC fast but not at the expense of ROW people. They do not have to endure a longer wait.

    I thought this thread was given a decent burial, I could trust only you to bring this thread back to life with your hidden agenda of driving a wedge between Indians/Chinese and ROW.





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  • ArkBird
    04-02 03:30 AM
    愛你的幽默感 :)

    ok. I will open a thread titled "who after hu" and put a poll in it too.

    In case you are wondering who is hu... (pun intended)

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

    胡锦涛

    happy now?

    Come on dude, don't be a 爛屄



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  • tonyHK12
    01-13 01:05 PM
    I think you should start EB3India.org (not affiliated to IV) similar to EB3Chinese.org

    IV works in the interests of both EB2 and EB3 as amitjoey mentioned. we cannot create a Bill to get relief for only one category.
    There already exists an very small, unsuccesful org for just EB3 that core is aware of, and they consider IV as their competitors because
    1. They do not understand and know nothing of how IV works (just like plainspeak)
    2. They want to get donations and members away from IV and make money

    These statements give her away. This is what they do try to pressurize IV to do their agenda. Enough said. Ignore the sales agent. They are trying to incite a fight between EB2 and EB3 just to split IV.

    I think you should start EB3India.org (not affiliated to IV) similar to EB3Chinese.org
    There is an old chinese saying

    Be careful what you wish for it just might come true



    One question i do have for all the members who have argued with me here. Have you seen all the discussion i have participated under and my other posts. Please do that before yelling that i was a member since 2006 and freeloader and all that. You need to do this because if i am you enemy (Scounderal, Liad weed, Anti Immgrant, Future USA etc) then don't you think to know your enemy is better.

    The other posts were just a diversion to show you are not completely rogue. You just have a single agenda - to promote your organization.





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  • BharatPremi
    10-25 04:45 PM
    what is definition of "canadian business".

    Ans: The company originally set up in any province in canada.

    - May have business interest/setup in other countries in terms of
    branch/subcidiary or partnership with other compny in otehr country.
    can we extrpoltae your suggestion little bit more or is it asking for
    too much

    1. once you have PR ask your wife to open a company A.
    2. As a employee of company A you can come over to USA while maintainig your PR status. You should still be considered to be covered under candian business wanting the employee to work on international projects..

    can this theory fly...all this assuming no EAD filling in near future

    Ans: Keys: 1) companies MUST be set in both canada and US

    2) For investing you need not to be resident. This is true for both
    US and Canada.
    3) For filing GC you MUST be an employee. IF you are investor
    you can not file GC under your company
    4) US GC is very lengthy process. How you can make sure your
    employment for around 7 to 8 years? So considering this and point 3, convince your wife to set the business both in Canada nad USA.

    - Since you can not become investor to achieve US GC ( Considering to apply through Employment category .. which is cheap cost option), make
    your wife a boss and let her run business. You become an employee in Company A (Canada)set by her. Tell her to set company B in US. Tell her to find the project in US. Let her tell the client (USA) to go into contract with company B. Company B's owner (Your wife) will make a contract with Company A ( Here also your wife is an owner) for the position at that client. Being an employee of company A ("Canadian Business") your employer (your wife) will put a TN visa request to the consulate showing USA's client (comany B) business need. Upon approval you fly to USA (Now your wife is your family so wife will also fly with you) for starting a job. You will be considered "Physical Resident" of Canada as "Canadian Business" sent you to USA for business need. Now after some time tell Company B ( Owner: Your Wife)to file US GC application for "Future Employment". As long as you keep getting valid project work in USA, now you will be in a position to stop counting years of GC process. You will be able to maintain Canadian PR , can become Canadian citizen after 3 years and wait for US GC coolly. Ofcourse every year TN will have to be renewed.

    Possible flaws in theory: 1) Double taxes (In Canada nad US) ( Will require some research and good advise from Tax expert from both in Canada and US)
    2) May affect TN renewals adversely !!? ( No idea.. suggestions welcome).

    To me this way of thinking seems to be perfectly legal.. But I think we should better ask some good professinal lawyers who are experts for both Canadian and US immigration.





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  • Subst_labor
    03-16 01:24 PM
    If the prior experience was related to your field, then I don't see why not. You may want to hurry because if USIS comes with 45-day labor expiration rule soon (which they may), you may not be able to use the prior approved labor.

    arent you in conflict with chanduv23's reply? i am stuck between both of the ideas:) not worried about the bill, its not a law yet..





    jetflyer
    06-02 10:51 AM
    ss benefits when we retire is such a long way away ..who knows what the situation will be that time

    You are so right that ss may not be there when we need, so we should raise voice today and fight for ourselves. We pay 40-45% of our hard earned money in tax, SS, medicare, insurance, etc. and then pay another 30% in housing... what left for us ? 25%??? is that what we work for ? even if you have your own paidoff house govt. want house tax 1-3% of current value of your house every year... what the heck. all this when we even don't get fair share of job market?
    we must raise voice for NO SS, Medicare for H1b/EAD exactly same way as they say in job positing NO H1b/EAD - ONLY US Citizen/Green Card nee to apply, then yes ONLY US Citizen/Green Card holder need to pay SS + Medicare.





    sachug22
    09-24 05:50 PM
    /\ my answers

    Ans: These numbers are meant for "Assigning Visa numbers to applications" BUT " not to grant Visa / approve 485 / Order Physical Green card"

    Ans: These numbers are meant for "grant Visa / approve 485 / Order Physical Green card" BUT " not to Assign Visa numbers to applications"

    Ans: this concept 0.07X 0.286 - It is a false concept.



    How is assigning Visa number different from issuing Physical green card (they may be two step but once you get a visa number assigned you get physical green card in few days)

    Can you prove that the concept is false, this is plain interpretation of visa bulletin notes and the law.



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