Saturday, July 2, 2011

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  • samay
    07-15 05:18 PM
    Hi there,

    Here is my situation, any help to resolve this is appreciated.
    - My self (primary) & my wife's(derivative) I-485's (PD June 2002) were filed in March 2007.
    - My I-485 was approved in July 2007, my wife's was pending due to NC.
    - My wife's employer filed PERM (PD June 2007) & then filed I-140 in March 2008.
    - We recently contacted NSC regarding my wife's case status, we received a letter from them stating that, her I485 is waiting for I-140 to get approved.

    They linked her new I-140 to her pending I-485 that was filed as derivative.Is this USCIS error?.How to correct this error and have them consider her I-485 application as a derivative application?.

    Thanks for your help.

    [COLOR="Blue"]Your attorney should get in touch with the USCIS.This situation can be sorted out with informing the USCIS. In case you require any assistance please get in touch with me.





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  • gc_in_30_yrs
    10-03 11:42 AM
    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 from DOL.
    Has they announced any dead line for filing the Labor Substitutions ? or expecting soon.
    Has they announced any validity period on approved LCs to regularise this process?
    If yes - How is it going to effect my case?

    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.

    Please need experts advice in this regard.

    Thanks,
    BNR.


    there should not be any problem for you. but it is discouraged to go for labor substitution as it is literally jumping the line. there are so many people waiting for their LC and someone came in line just now taking pd from 2004 or before will definately pisses them off. otherwise, you should be okay to take that one.





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  • webm
    10-02 11:50 AM
    Hi ,

    My husband is a GC holder. For some family reasons we would like to stay in INDIA for couple of years(or maximum time we can). I know we have to apply for a reentry permit. Is it a tough one to get and how early should we apply for it.

    Thanks in advance

    From Murthy.com Article:

    In order for one to be considered as properly maintaining LPR status, a green card holder must be maintaining a permanent residence in the United States. If one is outside the U.S. for a period greater than either six months or 180 days, the immigration inspector may start questioning whether the permanent residence has been abandoned. Being outside the U.S. for such periods of time can also be a problem when applying for U.S. citizenship.
    �MurthyDotCom
    If such an individual just makes an annual or biannual visit/s to the U.S., it may appear over time that s/he is spending more time abroad than in the U.S., and actually is living and working abroad. Then the individual is at risk of losing LPR status. If one plans on an extended stay outside the United States, it is possible to apply for a reentry permit before leaving the U.S., valid for a maximum period of two years. Such a permit would greatly facilitate reentry to the United States.
    ---------------------------

    It should be a doable process provided all the required proof/documentation..





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  • sats123
    01-10 10:04 PM
    Fu&^*& desi companies are still advertising for pre approved labor, here is what I got from a desi company. Looks like this labor is cleared from Backlog, they take advantage of this and make money. Its fu$%%$ jackpot for these kind of companies.

    Education: BE in Computer Science, Software Engineering or a related
    degree

    1) Skills Oracle, Oracle Database, Developer 2000,HTML.TOAD and Window
    NT


    2) Visual Basis, MS SQL Server, ARS Language, HTML Java Script, ASP,
    Crystal Reports., Help Desk application web interface of help desk.
    Send your Resume along with your Contact #.



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  • user1205
    02-12 05:09 PM
    They need to pump up more numbers otherwise getting rid of quotas doesn't help much.

    Per country quota sucks big time. DOL/USCIS needs to get rid of it ASAP.





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  • hopefulgc
    02-13 03:03 PM
    GUYS GUYS GUYS...read what lazy cis has posted..
    50 broke ass asylees can do it..
    why can't we ?
    ...i'd like to think we are a community of very resourceful people



    http://www.ailf.org/lac/lac_lit_030402a.asp
    WASHINGTON, D.C.- Immigrant advocates filed a national class action lawsuit in federal court today challenging the Immigration and Naturalization Service's (INS) misadministration of a law that provides persons granted asylum the right to live and work in the United States permanently. The suit, filed by the American Immigration Law Foundation and Dorsey & Whitney LLP, seeks to compel the INS to issue all allotted "green cards" fairly on a first-come, first-served basis.

    Some 50 named plaintiffs represent tens of thousands of asylees throughout the country. The plaintiffs are all refugees who fled persecution in their home countries and were granted asylum in the United States. Under U.S. law, they may apply to become permanent residents, or so-called green card holders, of the United States. Congress has imposed a cap of 10,000 on the number of asylees who can attain permanent resident status each year.

    The lawsuit alleges that the government failed to distribute more than 18,000 green cards in the last eight years while more than 60,000 asylees wait in legal limbo; failed to process applications on a first-come, first-served basis as required by law; and kept thousands of asylees on the wait list who are exempt from the cap. The lawsuit also challenges the government's practice of requiring asylees to obtain a new employment authorization card each year-at a cost that presents a hardship for many families-while they wait for their permanent status.

    If 50 asylees managed to get enough money for action, 50 high-skilled immigrants can do it too. Otherwise I'll be greatly dissappointed. Lack of action is a killer. I was shoked to read walking_dude's post that nobody from MI volunteered to be a plaintiff in DL case. If people do not want to help themselves, IV won't be able to help them.



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  • rajeshalex
    07-04 10:21 AM
    Hello,

    Could you tell at 140 level does a candidate needs to submit all the previous
    H1 Approval notices.

    I couldnt submit my previous 140 approval notice since it was during 2000-2001. How important is the previous H1 B approval notices for a 140 approval ? . I submitted the current approval notice which is from 2006-2009

    Rajesh





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  • paskal
    02-14 02:48 PM
    chandu...have u read the lawsuit outcome? do u still think that an administrative fix is easier to achieve than a lawsuit? lets say it comes down to either/or...either a lawsuit or an administrative fix...which one would IV support?

    but actually an administrative fix is a very real possibility. the administration is currently willing and friendly to this kind of action. we need to draw their attention to the urgency of the matter and the need to act quickly. a lawsuit, if it were to happen is many years away. anyway USCIS cannot recapture any GC on it's own, so it will have to wait for a final verdict and order to do anything..assuming success.

    therefore i would strongly suggest promoting the admin fixes campaign at this time, we do not want to lose this opportunity. this is not an either/or situation. writing letters does not take away from any other ideas etc.
    a failure would not bode well in general when it is because of lack of participation. i want to hasten to add that letters have reached in the thousands now- but we need more, many more. please keep up the efforts, and thanks to the many that are working on this now...!

    also as i said earlier- someone needs to stand up publicly and be a leader. and one leader is not enough. needs a team. that team must be willing to disclose identity etc publicly, if they are to collect money. in any case a lawsuit is very public and anonymity is not an option. these are the very basis of starting such a project. no one has yet responded to this affirmatively. a lot of yes votes do not mean anything. someone(s) needs to be willing to stick their necks out with time, money, effort and a very public profile.

    just my 2c.



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  • glus
    06-27 07:34 AM
    This is what my very very high profile attorney wrote in her email to me today....

    " We have heard that there will be a visa regression the first week of July "

    And in immigration matters I trust her more than anybody in this whole country. So guys be ready and prepared. Do what u have to do. Be proactive.

    My post is not to spread rumors or scare people but to help them to grab this golden opportunity.

    I am ready to send papers for July 1st.

    Visa bulletin is based on the demand for visas. An immigrant vise is ISSUED when a GC is approved, and not filed. When a person receives an I485 approval letter that means his immigrant visa was assigned to him and that an immigrant visa number was used. Same applies to consular processing. The bottom line is that unless USCIS approves a huge amount of GCs in the coming months, the DOS can't and won't make adjustments in the middle of the month. STOP THIS RUMOR!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!





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  • Jerrome
    05-11 05:21 PM
    It is easy to spit out numbers like this. Do you have independent proof of these? Please don't point us to LTTE run web sites. Provide hard proof if you can.

    As for "formerly superior Tamil competitiveness", I am sure what you refer to is, the fact that during the British period, the Tamils were given the lion's share (pardon my pun) of all the civil service and other administrative jobs as part of their divide and Rule policy. When SL gained independence of course, things changed so that formerly discriminated Sinhalese started getting their fair share of thse opportunities. Mind you that Sinhalese are after all 75% of SL. Are you saying it is fair to ask 12% of the population (SL Tamils) to have 50% of all the opportuniies and land and the resources reserved for them???

    Panini, This is the kind of opinion and mindset is causing the problem. Your reply tells more than the report i provided. I want to see singalese and tamils living peacefully and with equal rights in SL.

    I pray god everyday for that only. Every human being is same, Getting discriminated and discriminating people is so stone age mindset.



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  • soljabhai
    12-14 03:33 PM
    Personally I do not believe that the 7% limit is discrimination. The 7% limit for all countries appears to be equal, it leads to an issue as described below.

    2 individuals, one from an oversubscribed country and one from an under subscribed country, leads to their career being affected by where they have been born.

    Even though this situation might not be and in all probability is not discrimination, it does lead to conflict certain with certain other government regulations like EEO etc. Which one has precedence? Why?

    I don't know the answer to these questions. Nor do I profess any super ability to even make the correct evaluation. But it does present itself to be a moral dilemma. Precisely the situations where the courts might be able to provide guidance (assuming they haven't already)





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  • srinivasj
    07-27 04:50 PM
    I want some Amway Joker to say that they don't do this kind of cheap and dirty things...... if you make so much money then why bother others.

    well the only way Ponzi schemes work is with new members/new money coming in ..just like madoff scam...



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  • mundada
    07-22 10:24 AM
    I received yesterday EAD renewal. Even though my priority date is not current, and the EAD was approved on 7/16, the EAD is valid for one year only. I talked to lawyer and she said giving 2 year EAD is at the USCIS' discretion. I am not sure what to read from this. Whether EB2 India would be current within a year or USCIS wants to make more money if renewals are charged. I am not sure whether I would be charged for renewal next year though.

    Hope for the best!





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  • Jerrome
    09-17 09:53 AM
    Hi this is the following # of approved PERM for India by month-wise.
    Month EB (INDIA) # Approved
    Jan,05 0
    Feb,05 0
    Mar,05 1
    Apr,05 24
    May,05 133
    June,05 535
    July,05 794
    Aug,05 1313
    Sep,05 1316
    Oct,05 1212
    Nov,05 1541
    Dec,05 1771
    Jan,06 1788
    Feb,06 1729
    Mar,06 2224
    Apr,06 1635
    May,06 1876
    June,06 1902
    July,06 1574
    Aug,06 1317
    Sep,06 963

    Received_Date is the priority Date
    - You could see there are cases approved in Year 2006 which are submitted in 2005. So you have to consider them.

    As someone else already mentioned you can not calculate the #s from October 2006 onwards as there is no Received_date column in the msaccess datatabase file.

    But in 2007 Access database file the approved date is last quarter of 2006 files there, so you have to assume the # of approvals based on that.



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  • vkrishn
    07-27 06:55 PM
    Absolutely. To amway guys:- No means NO/NOT INTERESTED.. PERIOD.. I don't care whether you were flipping burgers or dream to become a millionaire. Do it yourself . Just don't harass people. Next time you will be arrested if you harass people.



    Kushal,
    This whole conversation was not intended to be personal and if it hurt you in any way then we all apologize ,most of the people here might be in or against amway/quixter but they are all more pissed of by the way they are harassed by so called IBO's with the way they treat their prospective clients.
    Why not just move on if somebody says no or gives a excuse to the IBO's, if anybody does
    really feel interested they will ultimately come back to you guys but why harass them with multiple calls and personal visits.

    Note - I would be intersted to see your tax returns :-) email me please since you agreed to.





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  • atlfp
    07-25 09:28 AM
    While many people are trying to get the system fixed, sometimes it might just be very much worth it to abandom the ship, if the ship is no good, just let it sink. There are other ships out on the ocean.


    Dear Friends, I had it... I am moving to Canada in the next 2 months to work for guess who? Microsoft. Came to USA in 1997 for my masters, worked at Legato, Documentum and Opentext. Had to restart my GC twrice, once as the company laid me off and next for career progression. GC is still years years away. Interviewed with MSFT last month and got an offer to work in their Enterprise Collaboration team. MSFT looked at the visa mess I was in and offered me to work in Vancouver. I get my Canadian GC in 6 months and my wife can work from day one. I am abandoning my US dream for good;guess I would be satisfied with touching my 4 year old son's American passport.

    I worked for a canadian company in US and now would be working for a US company in Canada. This is globalization. True Globalization. Any for those whiners belonging to IEEE and its propoganda machine, I would like to mention that I drew salries which were above way above the norm. I am sure I would be drawing more than 2 of his programmers combined. Ron- ask your folks to learn to compete and update their skills. They probably studied studied 'history of mathematics' as a math subject in high school instead of calculus. They were happy that they had the coolest Nintendo games while many like me were burning the midnight old figuring out data structures at Berkeley.

    I hope Berney Sanders and his club of the CIR days are hearing the developments. Berney, fix the broken education system for job protection rather than building fences to prevent legal workers to come to this gifted country. More companies will leave for nearshore if the mess continues. Fix the system by closing the H1B loopholes that a small percentage of companies are exploiting. Don't bad mouth the H1B system which has given you so much talent that you could have never groomed, the talented individuals who have contributed to the society, social security system and what not. Patch the holes in the fence, do not erect a higher fence for which people need to pay $ 5000 to cross. And by the way if you have the inclination and the time- fix the broken LEGAL High Skilled immigration system.



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  • gcfordesi
    08-15 07:39 PM
    I know its not easy or possible in USA to get a Immigration officer to make some scene deliberately at airport . Here is what i observed .
    He was in CA a month back june/july for his movie shoot nothing popped that time.
    But he signed a 100 crore INR deal with FOX for his Forth coming movie My Name is Khan i think couple of weeks back dose it tell something ?
    So with this incident he is on Top 10 news in CNN today - Btw this news was at number 7 few hours back and now number 2.
    Nice way to create awareness of Shah Rukh Khan and the Movie.

    Just my 2 cents ....

    1. 1 When an insect sting turns fatal
    2. 2 Bollywood star detained at airport
    3. 3 Tropical Storm Ana forms
    4. 4 Britain seizes control of islands
    5. 5 Bob Dylan a complete unknown?
    6. 6 Australian granted right to die
    7. 7 Lockheed Fire scorches 6,800 acres
    8. 8 Run 135 miles across Death Valley?
    9. 9 Arctic Sea 'ransom demanded'
    10. 10 Missing boy last seen near car





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  • gondalguru
    07-17 01:45 PM
    Assuming that the spill overs are effected only in the last (JAS) quarter, there wont be any significant movement for EB2. Until and otherwise the supply is more than demand, EB2 will not move forward significantly.

    But I wish EB2 becomes current in the near future. Correct me if i am wrong.

    I think spill over will happen every quarter and EB2 I/C dates will move forward every month / two months.


    http://travel.state.gov/visa/frvi/bu...etin_4252.html
    See under section E.

    E. EMPLOYMENT SECOND PREFERENCE VISA AVAILABILITY

    There have been questions raised regarding the way numbers have been provided to the China and India in the Employment Second preference categories beginning in April. Section 202(a)(5) of the Immigration and Nationality Act states that if total demand for visas in an Employment preference category is insufficient to use all available visa numbers in that category in a calendar quarter, then the unused numbers may be made available without regard to the annual per-country limit (For example: If the second preference annual limit were 40,000, number use by “All Other Countries” were estimated to be only 25,000, and the China/India combined number use based on their per-country limits were 6,000, then there would be 9,000 numbers unused. Those 9,000 numbers could then be made available to China and India applicants without regard to their per-country limits.)





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  • nandakumar
    07-21 12:30 PM
    I too live in Bay area and have been stalked by lot of Amway/quickstar folks, even couple of my friends tried all their tricks to make us Amway members, after repeated refusals they say that we are losers but in fact they are the losers, losing friends day by day.





    chintu25
    02-13 10:55 AM
    The issue is that people speak big here - but run away when asked to come forward. How do we trust 35K members who have tons of excuses for not doing anything for themsleves and blaming IV and questioning IVs credibility?

    Ok Chandu Lets not do anything then and just sit tight...... and hope for something to happen

    I respect your opinion but now think you r getting disappointed by people not responding to IV campaigns..

    One thing that is v clear from the Feb 4th memo about fingerprint/name check
    It happend because there was al awsuit filed. I urge the IV core to atleast explore this option with a good attorney again.


    One motto

    TRY AND TRY TILL YOU SUCCEED





    gcfordesi
    08-16 12:12 AM
    huge publicity stunt for the movie... the movie runs on the same lines...
    they already archived their goal as every news paper in India has this in front page ...
    why waste our time on discussing politics and system here ...