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  • mallu
    02-15 07:00 PM
    ....
    H4 people going to college is just a miniscule compared to the number of desi students who come here with a good GRE and GMAT scores.
    People would like to see India as land of snake charmers, cows blocking roads etc.
    They can't digest IITians coming to MIT, Stanford etc. :-)





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  • RNGC
    07-25 03:31 PM
    My H1 B was valid till March 2008, My employer filed for a 3 yr extension and got it approved.

    Have applied for 485/AP/EAD during July 2007.....

    Went to India and came back using AP. Now have I-94 as Parolee till Sep 2009.

    1. Am I still on H1 Or EAD ? My employer says I have nothing to do. I work for the same employer who sponsered my GC..

    2. Do I have to do any paper work after Sep 2009 (date in I-94)

    Appreciate your response.





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  • GCVictim
    08-25 04:14 PM
    Dear Immigration Attorney,

    My wife went India with her existing AP (not shown at airport), She already applied AP renewal before she leaves country. Can she come back to US using her new (renewed) AP? i.e. If I mailed that renewed approved AP to India,will she come back (carry) with that renewed approved AP.


    If she comes with renewed AP, Will that effect anything with I-485 file?





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  • leoindiano
    07-17 09:35 AM
    Dear Attorney,

    I had 2 I-140's for same job, same employer. Both approved. When lawyer sent I-485 package they sent the receipt of I-140 which had earlier PD, Which is what i wanted. I saw an LUD on other I-140 on 11/27/2007 almost after a year it was approved. Is that a matter of worry?

    On I-485 receipt, Priority Date field is blank. How can i confirm that they got the correct I-140 attached to my I-140?

    Thank You



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  • walking_dude
    02-13 11:13 AM
    This theory that 'AILA/AILF lawsuit threat overturned July VB' is out of touch with the reality. Threatening lawsuit was bad for AILA. They were not involved in the discussions that finaly resulted in reversal. IV was a participant but AILA was not.

    We shouldn't repeat their mistake. The moment IV files a lawsuit, USCIS will stop discussing with us. We will be off the discussion table. Only place they'll talk to us will be in the courtroom. We also shouldn't forget the pressure applied by Congresswoman Zoe Lofgren on USCIS and DOS. She was ready to wash their dirty linen in public. No doubt, she was influenced by rally in San Jose - which happens to be her constituency.

    3 year EAD/AP, AC21 interpretation are rules that USCIS makes, there's no way a judge can dictate what rules a government department should make. You wrote "there is nothign to lose but a lot to win" . Like someone pointed out we won't even be recovering 10k -20k spent on it, even if we win. We'll be getting into a case which has no chances or very slim chances of winning.

    If we lose the case, there's no going back to discussions with USCIS. They won't be entertaining us after we sued them. It's a grave risk you should understand. I feel tired at having to explain it the Nth time to some of you who still consider AILA as a messiah. Nothing happens because of just one factor. It's a combination of several factors that ultimately produces results. There are no silver bullets that fix every problem. Its the reality.



    it is the threat of a massive lwsuit from immigration lawyers association that made uscis backtrack and open up july 2 filing..we are all benefeciaries of that.

    itz not our flowers or the rally that did the trick it is the threat of lawsuit.

    if we consult lawyers we can check if we have a case and on what grounds. even f not anything else we may win on things like 3 yr AP relaxed ac21 rules etc. these are operational policies and dont need congress. USCIS can change these rules.

    there is nothign to lose but a lot to win.

    we can even appeal on the grounds that USCIS policies led us in to a bonded labor situation unable to change employer , foregone career choices and income potential..etc.. this violates the concept of free will and just labor practices. Many rules in AC21 and AP still try to tie us down to the employer who has already enjoyed > 5 years of our hardwork.





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  • tikka
    07-03 10:39 PM
    http://digg.com/politics/Rep_Lofgren_Issues_Statement_on_Updated_Visa_Bulle tin

    please DIGG

    Thank you



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  • saileshdude
    05-31 02:26 PM
    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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  • Legal
    07-21 07:48 PM
    These Unused Family Based Visas are from 2007. These Unused Family Based Visas of 2007 would be added to the following year (2008) Employment Based Visas.

    The Unused Family Based VISAS from a perticular fiscal year made available to the Employment Based VISAS of the Follwing Fiscal Year. And the Unused EB4 and EB5 VISAS of a perticular fiscal year would be made available to the same year's
    EB1 category.


    If I understand correctly, there is no mechanism for unused EB visas to spill over to the following year's EB, but the law allows unused FB visas to spill over to the following year's EB ?!



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  • gcgoingon
    06-14 05:33 PM
    I guess my 9 months old prediction is coming true (off by a month).

    http://immigrationvoice.org/forum/1049939-post209.html

    I hope your predictions for the coming months also come true..

    I do not know why the bulletin is so conservative about the EB2-I estimates for the year 2010 (March/April 2006)?

    The reason I am saying this is the initial estimate they gave for EB2-I in Jan '10 bulletin is Feb/March 2005.





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  • kondur_007
    09-17 12:45 PM
    Here is what I want to understand.

    EB2 ROW is CURRENT except INDIA AND CHINA. EB2 ROW will get 28.6% of 140000.
    This means 40040. How they are going to divide these visa between INDIA and CHINA?
    This is NOT SpillOver. I know there is 7% rule, but other countries are always Current.

    And EB1 is CURRENT and considering Bad economy very few cases will be filed under EB1.

    What will happen to those 40040 Visa? If those spillover to EB2 ROW, we may see a large quantity of Visa numbers for EB2.

    Considering 50% of each EB1 and EB2 visas consumed by other than INDIA AND CHINA, still we should get aroud 40040 visas this year.If you furher divide 50% between INDIA and CHINA, both will get 20020, Which might be sufficient to cross 2005.

    You are right on the point. In fact (I may be overly optimistic here), I would not be surprised at all to see PD of EB2I in 2007 or 2008 in the last quarter (Aug-Sept) and it may even see the magincal "C" in Sept 2010. (Making the dream come true for VDLRAO!!)

    (Remember, with preadjudications, there are no more pending EB2-ROW (except for the new adjudications) and EB2 China has been in 2006 for quite some time as well in the past)



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  • smuggymba
    01-14 08:55 AM
    I think the other intersting point is - Does the employer provide any benefits to the beneficiary/employee?

    Almost no desi dalla provides medical insurance to its employees...it will be interesting how USCIS handles this and whether they will make it a point or not?





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  • ujjwal_p
    05-11 09:07 PM
    For me it is personal, my kith and kin are getting killed (talking about innocent civilians and not the LTTE) in Sri Lanka and India is actively supporting the Govt of Sri Lanka with weapons and other things,

    Get your facts right first. India is not actively supporting Sri Lanka. It would be suicidal for India (especially considering nutcases like you that exist) to even think of that again. Sri Lanka is using Israeli UAV's and Chinese fighter aircraft and artillery to fight the LTTE. In fact, India is at a strategic disadvantage now because we choose not to help Sri Lanka militarily. And in fact, Sri Lanka has always suspected India of supporting the LTTE. Read about the "string of pearls" geopolitical strategy of China before letting your emotions run crazy.



    India can leverage its power to stop Sri Lanka to fight until Tamil civilians are cleared from the war zone but deliberately India is not doing that.


    India rightfully doesn't care about the LTTE. LTTE is a terrorist organization. Period. They killed a former Prime Minister and it doesn't matter if you support the Congress party or the BJP. This is beyond politics and concerns the nation. The primary humanitarian issue in the conflict so far has been with Mullattivu. As soon as that stage started, Shiv Shankar Menon, the Indian Foreign Secretary went and conveyed India's concerns to the President and other higher officials in Colombo. You tell me what India should do. Should we send the IPKF again maybe? Let's get realistic.


    I abide by the constitution of India but at the same time I cannot be silent when the country leadership is pursuing a wrong policy, that I wouldn't have protested if India never involved in the issue ever but India used to be actively involved in the issue and has stake in it.

    Fine, I don't agree with my government all the time. But I don't say I'm ashamed of my country like you did. In this situation, India does not have any control unless we want to go to war with Lanka. And the LTTE is a terrorist organization declared by the USA. So now genius you tell me,what should we have done.


    In my case, I came here to study and got an opportunity to work and decided that US is the best place for my career and applied for GC, eventually I might apply for citizenship but with this issue I have another strong reason to pursue my GC.

    Awesome. Good for you. India won't miss you either. And I can tell you right now, you are the kind of a person who will not have any loyalties anywhere but to a very small narrow race or culture. You do not understand the definition of a pluarlistic democracy and will never assimilate anywhere. The day the US says something about the Lankan conflict or any other conflict which you disagree with you'll bolt to Canada. I guarantee that. It doesn't matter to me what you do but don't go around misleading people here by casting aspersions on what India or for that matter any country can do in a complex geopolitical situation. You don't know half of it and you better grow up and admit it.


    Just for argument sake, If one believes that their country of birth is pursuing a wrong policy, they can choose to move to a different country rather than living there and blaming it at every opportunity . What is wrong with it?

    History is full of so many examples


    Jews from Nazi Germany
    Oppressed from communist soviet union
    Cubans from Fidel Castro regime
    Sikhs from India
    and so on and so forth


    If you or some one is curious, just to introduce me. I'm member of IV from Feb 2006, I participated in all the IV initiatives, besides check my entire forum history to see any where i had showed dissent towards India or for that matter any thing desperate except for free riders in the forum. This is issue is personal to me and I have strong opinion on this.



    FYI, I am not Tamilian but I have lived in Tamil Nadu for more than 10 years and can speak it fluently. Needless to say, I have a lot of Tamilian friends and know the culture. I understand the suffering that the Sri Lankan tamils are going through, especially in the Mullattivu region. But we have to understand this is a war which has been going on for decades now. What do you expect to happen in a war? Rave parties?

    Anyway hopefully, this will mark the end of the sufferring of both Sri Lankan Tamils and Sinhalese from now on. Both sides in that country have gone through enough already.

    Also I give a rats a** how long you've been in IV. It's your attitude and narrow minded selfishness which tell the whole story for everybody to see.



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  • waiting4gc
    02-13 02:12 PM
    Again, there are no guarantees which of the 3 will get passed or accepted. 1 & 2 benefit you more than 3. Will be combined effect of those be more than enough to offset 3 (which I doubt will ever happen since that will require a change in law) is up to anyone's imagination.

    Will you stop supporting IV which is trying to improve ALL legal immigrants prospects of getting a green card because one item on their agenda MAY DO more harm to you than good is your prerogative.

    However, IMHO saying that 3 hurts you and hence you will not support IV is the same as those people who in July were crying because everyone was getting to file 485s and hence would lengthen the GC processing queue. I was in fact not benefiting too much from that but I supported it since having been in the queue for long enough I know how painful it is.

    Like lot of other people on this forum said, try to rise above what is GOOD FOR ME and I will only support IV if it does ONLY that. Someday there might be a law that affects you more than the majority and you will need the all legal immigrants voice to help you out.

    Is the cumulative effect of all three measures good for me (reduced wait time, or no change in wait time), or bad for me (increased wait time.)?

    I read this, and I was referring to this:



    So, does recapture and the increase in quota and the removal of the country limits, result in a greater wait time for me, as the comment above seems to imply. It would, if the recapture and the increase are not large enough to offset the effects of the removal of the per-country limit on ROW.

    Coz if it does, then I don't have an incentive to support your goals, do I?





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  • Jerrome
    05-01 04:20 PM
    What do you mean by some tamilians killed, almost 10 thousand people killed in 2 months.

    Personally i don't believe 2000 terrorists could hold hostages of 3 or 4 lakh people for 2 years.

    Do you know or read reports that daily 5000 bombs are dropped on civilian areas to make them to run towards the army.Do you know that the army poisoned the drinking water and people ran towards army without food or water and now they are in Nazi like camps.

    It is not released by the LTTE but released by the UN.

    No Second opinion about killing terrosists, but killing innocent people is not acceptable at any cost.



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  • snthampi
    07-31 12:01 AM
    Thanks Thampi, people let us post some more avoidance techniques to be used subtle or not, this is a scourge we need to get rid of.
    Keep going man. We are all adults and just trying to be funny. No one needs get upset over this. It is ok if the Amway/Quickstar guys get upset, because they upset us once in a while.





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  • samay
    07-14 06:08 AM
    [QUOTE=AllVNeedGcPc;259781]I am a software engineer (15-xxx series):

    - my LC got approved with 17-xxx code (Mechanical Engineer) (BECs fault, our forms OK), in 2006
    - applied for LC amendment and returned original LC to BEC, right then
    - No word from BEC, waited for a year, assumed 140 lost and then applied 140 with 17-xxx code and a copy of returned LC, in April 2007
    - Applied EAD and AP, on July 2nd 2007
    - meanwhile (after 140 application) LC got amended with new 15-xxx code, in August 2007 (Just before BECs shutdown)
    - 140 that was applied in April 2007 is still pending
    - Atty says that we will send the amended LC once we get an RFE

    Should we wait for an RFE or should we inform USCIS about the amended code?


    In my opinion you should have filed a copy of amended LC with the USCIS when you received it.



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  • ramus
    07-03 04:29 PM
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  • gagbag
    07-03 09:40 PM
    http://www.wesh.com/money/13616272/detail.html


    http://www.edmontonsun.com/News/World/2007/07/03/4308500-sun.html


    http://www.kswo.com/Global/story.asp?S=6740337


    http://www.onelocalnews.com/howelltimesandtranscript/stories/index.php?action=fullnews&id=129492


    http://economictimes.indiatimes.com/US_cap_on_employment-based_visas/articleshow/2170349.cms

    http://www.foxnews.com/wires/2007Jul02/0,4670,ImmigrationGreenCards,00.html





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  • Openarms
    10-29 04:46 PM
    This is one of the dumbest idea ever discovered in this forum.





    voldemar
    03-28 03:08 PM
    Looks like we have 45 days after the rule goes in effect. Please read the following text.
    Will you please tell us which text you are refering to?
    (2) A permanent labor certification involving a specific job offer
    is valid only for the particular job opportunity, the alien named on
    the original application (unless a substitution was approved prior to
    [effective date of the final rule]), and the area of intended
    employment stated on the Application for Alien Employment Certification
    (ETA Form 750) or the Application for Permanent Employment
    Certification (ETA Form 9089).I'm referring to the above paragraph. The problem is how agency will define "approved" labor substitution.
    I think that labor substitution is approved if I-140 is approved.
    Again, I'm not a lawyer, it's just my understanding.





    immigrant2007
    08-19 12:17 AM
    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?



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