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  • hiralal
    06-04 09:21 PM
    now that we have 13 pages of discussion ..can we agree on something and start small campaigns atleast ???
    that way we can generate more interest in IV.

    we can do something indirect too ..such as contacting your realtors ..show interest in buying and then back off ..the advantage in this (if large number of people take part and each contact 4-5 realtors) ..then we will have someone else lobbying for us (rather than ourselves beating our own drum)

    if someone has better idea then we can go for that too





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  • BharatPremi
    12-13 01:22 PM
    Hello All,

    First and foremost, i must thank everyone from IV, who is working tirelessly to resolve the issues of retrogression in the GC process. As an affected individual I am very grateful that leaders of IV are ready to contribute so much effort for its goals. And even though I do not actively work for the IV agenda, I have contributed money to some IV action items.

    I have a question/suggestion regarding the IV agenda. On IV's about page, pt number 2 asserts amongst other things,
    The Discriminatory Per-Country Rationing of Green Cards That Exacerbates the Delays.

    and further in the same point

    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.

    I am curious to know what is the "legal" strength of these assertions is. Are they just "moral" statements or can the validity of these statements be tested in the legal framework of this country? In other words, my question is what is the constitutionality of the "Per Country Caps" in Employment / Family Based Immrigration procedures.
    A lot of Laws and Statutes have been challenged in the Judicial System of USA. And many more are challenged every year. And if the laws are not constitutional then they can be repealed.

    I am sure the leaders of IV must have thought about this argument however a quick search of the forums with 'constitutionality' as the search term did not return any results.

    IV's efforts to utilize Lobbying to bring about change to alleviate/eliminate retrogression are certainly beneficial. However, if IV has not already considered and eliminated this legal argument, then it should explore whether there is any substance to this approach.

    Hence this post. Below are some of the links that might be relevant.

    wikipedia article on constitutionality (http://en.wikipedia.org/wiki/Constitutionality)
    wikipedia category on US immigration case law (http://en.wikipedia.org/wiki/Category:United_States_immigration_and_naturalizat ion_case_law)

    thanks and sincerely,

    --soljabhai


    I am not a lawyer. Here is my understanding as a lay man:

    What is constitution?

    A: At some point of time, group of people, with having confidence from
    majority of people, with a centralizing tone of some common
    philosophy/ethics, create the framework of regulations with a goal to make
    society orderely, to make sure that common good of people remains
    prevalent and maintained and assures the penalty for deed done agianst
    common good and breaking the common order of the society. Wise ones,
    accepting the limit of individual capabilities, understanding the different
    needs of the society at different time, keep windows opened to improve
    the "base" constitution with making sure all checks and balances do not
    allow the misuse and hecnce the word "Amendment/s" have the existence.

    Now there has to be some base ground when base consitution is prepared.
    What that could be? During the process of human evolution, with accumulated experience of centuries, human societies have established some common practices which we now name "Ethics" and amazingly many are similar across many culture. For example, Burglary is considered crime in each and every society without any question or difference. Why?.. I do not like somebody snatches away my chain as in my mind I have established my ownership to that chain. You also do not like it somebody snatches away your car.If there are only two humans on earth, things might have been simpler considering one is burglar of those two. But here in society now every body has to establish the proof that s/he is aowner of something and somebody else snatches that away then it is not good. So wise ones decided (to keep
    controlled and organized society) made a rule : "From today we will call the act of snatching something away from somebody an act of crime if the person can prove that s/he is the original owner of that thing and let's call that person a "burglar" because he snatched away the thing" Now it was suited to everybody because it was protecting their belonging so that was established as "Ethics" and stories of "criminal behaviour"were created by every society for snatching away the thing from somebody. That make every human understand the fact that snatching away is bad thing
    (if done openly:), If lawyer snatches away big money from your pocket .. no it is not a crime or that matter USCIS... just kidding :))

    Now making story short, after 200/300 years of evolution, USA has legally decided to push the "Ethics" of employment: "Equivalent Oppertunity to all Citizens without race, creed, color, country of origin" and "Skill is the criteria of an employment" Now when these ethical and progressive principals are already implemented for common good of citizens, it should be implemented for foreign labor (non immigrants/immigrants).

    Can we "constitutionally" label some person that, hey you will be called burglar if you snatches thing away from US born person but you will not be called burglar if you snatches away the thing from pakistani or Sweedish or Chiense who has just arrived in this country?

    So bootmline: If at all constitution is permitting "per country based ceilings" then
    we will have to fight to change that because it is not right.





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  • sankap
    07-13 11:18 AM
    Here's an article that appeared in Outlook (India) magazine 8 years ago. Apparently, the situation hasn't changed much since then:

    http://outlookindia.com/full.asp?fname=international1&fodname=19990125&sid=1

    Canada...The Grass Isn't Greener
    Outlook: Jan 25, 1999

    It's a dream gone sour. Thousands of Indian immigrants who land up in Canada are, more often than not, greeted with unemployment, racism, culture shocks...

    SOHAILA CHARNALIA

    "I didn't come here to be a chowkidar. I came here believing it to be a land of opportunity; a country that has never known the nepotism, the corruption, the shortages of India. I find I have only substituted one country for another... certainly not one set of values for another, as I hoped. " For Dr Gurdial Singh Dhillon, who was made to believe his qualifications would land him a good job fast, Canada was a real disappointment. When he did find work, it was that of a security guard. This, when the United Nations has declared Canada the best country to live in.

    Some 200,000 people migrate to Canada every year, a majority from Asia. Hong Kong heads the list, followed by India, China, Taiwan and the Philippines. According to the Citizenship & Immigration Canada report, 21,249 Indians migrated to Canada in 1996 alone. (The high commission in Delhi, however, put the figure at 17,682). For many of them, especially those who are qualified professionals, dreams die fast. The life they face is never quite as rosy as made out by money-raking immigration lawyers.

    Is the UN report the only reason for the increase in Indian applications for immigration? That, and the fact that it is easier to get entry into Canada than any other western country, says a Delhi-based immigration lawyer. Also, the fastest way of getting immigration to the US is through Canada.

    Dhillon's disappointment is echoed by others. "I should have done my own homework before I applied", rues Aparna Shirodhkar, an architect from Mumbai, working as a saleswoman in a department store. "My husband is unemployed. I am the sole earner for a family of four. Sometimes I feel like running back". For Raheela Wasim, who's gone from being a schoolteacher in India to a telemarketer here, the experience was very discouraging, very disheartening. "I started losing confidence in myself. I felt I was not capable of the job market here".

    Jobs are the sore point with Indian immigrants. The irony is, they are often more qualified than their Canadian peers, yet they end up with either no work, or with entry-level jobs that have no future. "I was not told that you require a Canadian degree to get a job here", says Paramjeet Parmar, a postgraduate in biochemistry from Bombay University. Parmar works as a telemarketer, which has turned her from an elite professional to an unskilled, daily wage labourer. Ditto Opinder Khosla, a mechanical engineer from India, who has ended up as a salesman. "I found it difficult to even get an interview call", he says. The Canadian authorities are non-committal about the social and economic devaluation that the country imposes on immigrants.

    "You can't come thinking you can just walk in and get a job in your profession", says Isabel Basset, minister of citizenship, culture and recreation, responsible for handling immigrants' woes in Canada's largest province, Ontario. But she admits that the licensing bodies regulating the professions need to be more accepting of people trained elsewhere.

    That effort could only come from the government, argues Demetrius Oriopolis, co-author of Access, a government-commissioned report on assessing qualifications of newcomers, a 10-year-old report whose recommendations have still to be implemented. The report suggests certain rules of equivalence should be made binding on the regulatory bodies, which are exclusionist by nature.

    But Basset won't even hear of making the regulatory bodies accountable: "We believe in private enterprise with a minimum of government checks. Besides, she argues, the exercise would cost millions of dollars".

    Needless to say, the organisations are gleeful. Only professional bodies have the ability to determine what constitutes competence in a particular profession, was the cold response of the spokesperson for the Canadian Institute of Chartered Accountants, an institution that's responsible for the unemployment as well as under-employment of hundreds of qualified chartered accountants from India. They do not grant licences for professional practice, because Indian qualifications are not acceptable.

    "What kind of society are we creating? Is it a new form of slavery?" asks an irate Bhausaheb Ubale, Canada's former human rights commissioner. Qualified immigrants work as drivers, guards. If this isn't job discrimination, what is? Dr Ubale lobbied intensely before Indians were accepted in the media. They now hold jobs as reporters and anchors, he says, but a lot more has to be done.

    While skilled men may not be able to find jobs, their less qualified wives find it easier because they accept whatever comes their way. In several cases, the wives earn and support their husbands who are busy upgrading themselves, by studying for a Canadian degree. The working wife sometimes slogs away at three jobs. Sumitra starts at 7 am at her first job, teaching immigrants English; her second job as telemarketer starts at 4 pm. She gets back home around 8 pm, after which she begins selling cosmetics and household goods door to door. Till midnight. Sumitra supports three students, her husband and two school-going children.

    The other problems Indians face here are the high taxes, high mortgage payments for new homes and the sort of hidebound laws that the benign anarchy back home hardly prepares them for. "You can't run a red light, you can't escape from a hit-and-run site even if you are just the witness, you can't smoke in public. Too many rules, so different from home", says Harminder Singh.

    Two 'Indian' practices that do exist here, however, cause immigrants the maximum trouble. They are sifarish baazi (nepotism) and mufat ka kaam (free work). The Canadians, of course, have given them sophisticated terminologies, the former is referred to as 'networking' and the latter, 'volunteerism'. In a country where you are never encouraged to 'drop in' to meet someone, where the fax, the computer or the phone is used to complete most transactions, a job-seeking immigrant often has the phone put down on him. Polite but firm secretaries block access, unless the caller can drop a magic name that can help him gain entry. It takes at least a year for even the most enterprising immigrant to get to know somebody who can help him, before he can get a job at all.

    'Networking' goes hand in hand with 'volunteerism'. Many immigrants put in a year of free service before they are given the job. Most writers and anchors of Asian origin are given only part-time jobs, paid by assignment and with no fringe benefits. The company insists on the word 'freelance' on their business cards, to make it clear they have not been hired by the company, and hence can't demand higher pay or any benefits. They can, and often are, fired at will.

    Perhaps the greatest problem in Canada is the one that is least articulated--racism. According to a diversity report on Toronto (said to be the most ethnically diverse city in the world), the year 2000 will see its minority becoming its majority that is, 54 per cent of Toronto's population by the end of the millennium will be non-Whites. Keeping that in mind, it warned, if the discrimination against them in education, employment, income and housing, or incidents of hate are not addressed, it will lead to a growing sense of frustration.

    "All our problems exist because of racism", sums up Anita Ferrao, who works in a firm. Anita has worked for them for three years and has got neither promotion nor raise. "As an Indian immigrant, you can never reach the top. They'll see to that. It's better to bring in some money here and start a business. It's the only way you'll do well here and be respected. "
    But then if life is so tough here, why do people give up everything back home and come? The answer is the rosy picture of North America, inculcated right from childhood. Everything 'American' is considered superior. Better food, better homes, better life.

    Each potential immigrant pays at least Rs 2 lakh chasing that dream. Multiply that by the thousands of Indians admitted each year, and further, by the number of immigrants accepted from all over the world, and you hit upon the most lucrative business today in Canada. According to a leading White immigration lawyer here, who prefers to remain anonymous, his own fee is 8,000 Canadian dollars, which comes to Rs 2,38,000. The government levies extra charges.

    What do immigration lawyers advice potential immigrants? "Do your homework, before deciding to go ahead with your application. Arm yourself with facts about Canada. And when you do apply, stick to the truth yourself. You won't be in for unpleasant surprises, then. The rest is up to one's initiative and optimism." Indians need that, says one lawyer, as many of them fall into depression: the changes are just too much. But, he clarifies, Canada is the best. Where else will you find a land of opportunity, that still cares about its people? That's what the Indians come looking for. And haven't discovered yet.





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  • PavanV
    09-04 01:37 PM
    Have you folks seen the movie Magadheera, one of my friends showed it to me, awesome movie i must say :cool:



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  • alisa
    02-13 08:44 PM
    Are you sure you understood it fully?

    I wrote " if you think ", meaning a lot of harping on is happening based on the assumption that removal of country limits will impact ROW badly. It's not the fact. Though it has been explained a number of times that its not the case, some members obstinately stick to their guns and regurgitate it again!

    Taking some sentence written by me out-of-context does not prove anything.


    Easy now!!! Simmer down.....

    Its just that every time the VB comes out, we get a lot of posts from folks from India/China who want to remove country limits. And they talk about only removing the country limits, as if removing country limits is going to solve the problem.
    You scare away ROW when you do that.



    Can I ask you a question? How much of IV goals you have supported till date? How many IV activities you have participated? How much you have contributed? I'm interested in knowing. If you haven't , whether you have incentive or not, it doesn't make even a teeny difference to the movement.

    In December 2006, I started my state chapter, and went around and held meetings and told folks about IV. Then in the summer of 2007, I, along with other folks, some from India and some from Europe, went around and met with the staff of three congressmen/women, and two senators. And then we urged another person to go and meet his congresswoman. We covered half the state delegation in the House, and both senators.





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  • InTheMoment
    07-15 10:04 PM
    vdlrao,

    True Eb2 will move and would not retrogress taking the new FY as a whole..but it becoming current by next Oct is a bit far fetched.

    Remember in the first quarter of FY07 EB2 was U with all 01, 02, 03, and Jan-Mar 04 (mostly 03 as 01 and 02 were current for long and didn't have many in the labor backlog centers) used all the numbers. With several EB2's issued during the fiasco + 1st and 3rd quarter and into the 4th quarter, we are now slowly seeing everything till Mar 04 cleared up. It took almost a year to have 03 cleared up.

    And you guess is 04-08 would get cleared in another year :p hard to believe!


    I presume EB2 India will be current by next October. Till now for EB2 India there are only 7% of 140K visas. Due to the new change of horizontal fall outs EB2 India exclusively getting about 50k visas, very little share to china. So this change making an availability of additional 50k visas to EB2 India along with regular 9.8k. So total About 60K visas for EB2 India. This includes unused Family Visa Numbers as well.

    And due to the change to Horizontal Fall out of Visa Numbers from Vertical Fall outs, Its not the India which loses but its EB3 ROW.



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  • smuggymba
    07-27 01:08 PM
    We guys (non-amway) will be slogging for bread and butter but we like our freedom and travel to Hawaii in economy class and stay at Motel 6.

    your response?

    gave u green just for this statement.





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  • WeldonSprings
    09-15 02:16 PM
    Here is what I researched and found out-

    From the data for India

    For Permanent applications 2004 => Reduction in Recruitment (EB2 cases)

    From 1 April 1004 to 16 August 2004 => 430 appox(All countries)

    No data from 17 August 2004 to 28 February 2005.

    From 01 March 2005 to 30 September 2005, For Level III- 263 For Level IV-271
    = 500 approx.

    For 01 October 2005 to March 2006, For Level III- 2500, Level IV-1770
    = 4300 approx.

    Now, of the GCs approved last Aug.08 and Sept.08 were from the Texas Service Center.

    That meant Atlanta Processing Center was the Labor Approval Center.

    So, For 01 October 2005 to March 2006
    For Level III- 1100, Level IV-770.

    So, total left = (2500-1100) + (1770-770) = 1400 + 1100= 2500

    Therefore toatl from 01 April 2004 to Mar. 2006=>

    430(2004) + 400(mystery number from 16 Aug. 04 to 01 March 2005) + 500(2005) +2500(2006)= 3900 principal applicants.

    Multiply by 2 for dependents = 7800 EB2 India pending before Mar. 06.

    Please comment on my analysis or feel free to ask questions.



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  • pappu
    07-03 01:05 PM
    /\/\/\





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  • vamsi_poondla
    05-02 09:34 PM
    Language is a very hot boiled subject. We have to be a bit practical about what makes it work. Anti-hindi agitations have other roots as well. Understanding Dravidian history needs an open mind. Same is the case with everything about India.

    IMO, India is not formed with a single ethnic group colonizing almost empty land and forming a nation based on some principles and later vast immigration followed by years on assimilation based on melting pot concept. It is more of an idea that is formed politically. All 4 south Indian states having a vast culture being ordered to use one language perhaps backfired fueled by resentment against upper castism that existed in Congress during that time.

    Again, it is not either supporting or criticizing any event. That is what happened. We have all Hindi movies being super hit in Chennai. Once can walk in any street in Chennai and transact in English. I find many auto-drivers or even common man,go out of way to help when I speak in English in Chennai. So, please dont stereotype,

    Coming back to the point, if we had gone for Hindi as a national and sole business language, (I dont like insisting any thing in a democracy), we would have perhaps missed IT/BPO wave and most of us will not be here in this forum.



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  • mihird
    10-09 04:24 PM
    what if both husband & wife get jobs and come here on TN vsia, then how does TD visa apply because both are working? is that possible for both to work in US without one getting into this TD tangle?

    db

    You won't get into the TD tangle similar to not getting into the H4 tangle if both are qualified, intending to work and qualify for their respective TNs..





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  • mkumar
    05-11 08:50 PM
    Wrong! Stop assuming dude. People are here because they need the Green Card. We don't take an oath to renounce loyalties when we get it. Of course your intention is clear and I am thankful that we Indians don't need to count on you. Of course, its interesting that you are quite happy being a US Citizen when it's the US which has called the LTTE a terrorist organization. Hmm, I hope you did your research. Anyway, too late. We don't need you anymore in India and like I said earlier, good riddance. All the best!

    Thanks for being the self-designated, unpaid spokesperson for "we indians" and keeping track of accountable indians :)



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  • ashutrip
    06-26 01:57 PM
    out of context...but do u think dates will be current in august and sept...
    My labor in Atlanta....dont see it getting certified B4 August:( :(





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  • gcvision2010
    09-03 10:57 AM
    May his soul rest in Peace!



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  • sanju
    09-23 12:06 PM
    Current homeowners who are waiting for their GC MUST also be exempted from cap. This clause has to be there. Without having any gurantee of getting GC these folks have invested their savings in buying home even when the prices were high, WHY because they had real intent of making US their permanent home. So these people should too be exempted from EB cap.

    Senator DSLStart,

    At the end of your post, you forgot to say - 'I yield back the balance of my time'. What do you think this is, Senate floor, where you are proposing amendments? Laws are never drafted exactly what people tell lawmakers. The objective here is to gather attention to GC issues when they are considering proposals/ideas to resolve housing/credit crisis. Do you actually believe that this language/proposal will go as it is without any change, without anyone discussing it? In the ideal world, if you live near a Walgreens, you first create a perfect idea/proposal before sending it, and, in the real world you send out a good proposal/idea so that we do not miss the bus. Why make "the perfect" enemy of "the good". Let’s first get the word out that this is a possible viable suggestion, I am sure before deciding, they will make sure not to be unfair towards you. Turn over to MSNBC.com live and see that they are having an urgent hearing on this right now. They will decide something in next 2-3 days. Lets not argue about who has the "real" intent to make US as a permanent home. Kindly let the Senators propose amendments, and not cause delay in sending out the message, otherwise everyone will miss the bus.

    Disclosure: For the record, I own a house.





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  • deba
    07-10 11:29 AM
    congrats byeusa. wish you the best. I just sent you a personal message here. If you get a chance please reply. Again, congrats.



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  • 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...





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  • vdlrao
    07-22 02:12 PM
    See, we need to understand, life is a Lottery. No place for Logic. USCIS LOVES lottery...after diversity visa lottery, they are also doing LOTTERY for H1 now, and one day if they like the idea of doing LOTTERY, for EB cases, they might throw away this all mambo jambo of EB1,2,3/PD/RD/ROW/IN/CH...and JUST DO THE LOTTERY!! After this post, I will go buy a Californial Lotto...;)

    kondur_007, u know how to make us laughing in a stiuation like this. your post at the end makes me keep laughing.:D





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  • AirWaterandGC
    05-10 09:25 AM
    mihird,
    I see you have gone thru the CA process. I had asked a question earlier .... but no one seems to have an answer. Here are the details ....

    I have my CA PR. Waiting for US GC, my CA PR clock is ticking. Once I am more than 3 years past in the CA PR card and if I still dont go to CA, I understand that my CA PR may not be renewed. My question is : Is is possible to at least enter CA for the last (during 5th) year of CA PR ? Also is it possible to re-apply for the CA PR once I am say 4 years done in my CA PR life without entering CA ? Please shed some light.

    Thanks.



    You are missing a point here though...having gone through the Canadian point system myself back in the late 90s, the Canadian point system gives you added points for having current employment in your intended occupation.

    When you don't have employment, you lose those points, and have to rely on other aspects of your profile to compensate for that..it is another story that their point system is lax enough to qualify most MS and PhD people even when they don't have current employment.

    Ph.Ds driving cabs in Canada is the same as immigrant doctors working as nurses or lab technicians in the US.

    I will disagree with you. Employer sponsored path to permenant residency is certainly not the best. Firstly, if the average time to process an application is 5-7 years, expecting a person to shackled in the same job for that long is absurd...and for that matter, that job remaining steady and available for that long is equally an absurb assumption..

    There may be unemployed Ph Ds is Canada but they are no different from the thousands of underemployed H1-B immigrants in the US, not being able to make career moves because of the employer sponsored petitiions..

    My .02 cents..





    pappu
    01-24 12:16 AM
    not just 5 years,
    make it a retrogressed date for coming out of prison for such people. They will understand what retrogression is and will wait endlesslessly for their date of freedom to become current.:)
    stay in jail forever and when the date becomes current ... go back to the home country empty handed to start all over again.

    btw, everyone filing GCs from small companies need to be very careful. Some members are asking about company A or B on the forum these days. You need to directly ask the employer all these questions before joiniing them. Sometimes even after approval of 140 or even till you get the actual GC your application can be denied for GC if:
    - The company is found to be fraud/ involved in any fruad by USCS or DOL
    - the company has excess GC applications and cannot show ability to pay (company profitability per year) for all of them. Small companies typically may be involved in wrongh tax practices by hiding their actual profits. The company may have filed several GC applications and sometimes initial applications may get approved but later can be denied. IN that case USCIS can also deny all previously approved applications.
    - The company is H1B dependent. (more H1Bs . There is a percentage defined by USCIS). Ths will raise red flags in their system.
    - The applicant is related to the owner of the company. This also can be a reason for denial and red flagging of a company for all other applicants.
    - Physical location and legitimacy of the company. In the past some applicants applied through companies in Maine even though they were not working in Maine. This was to get faster LCs before the Perm process started. Sometimes such cases also raises doubts.

    Be careful with every step you take. GC application is very important and you do not want to take such risks and regret later.





    samay
    08-03 07:24 PM
    My I 485 is pending(July '07 filer.) When applying to a university, how should I indicate my status? There are not many options to choose from: permanent resident, resident alien, international student, or other visa type.

    Thanks!

    You can chose the option of other visa type and state your status as I-485 pending or parolee.



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