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Thursday, June 30, 2011

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  • syedajmal
    07-14 12:14 PM
    A little Background

    My Situation -
    My Labor (PERM) and I-140 (EB2) was filed and approved thru Company A ( Priority Date May/15/2006). I was laid off from "Company A" with my last day being Fri 3/23/2007 before I could file my 485 thru them. I started working for "Company B" beginning Mon 3/26/2007 for which I have an approved H1.

    Spouse Situation -
    My wife also has her Labor(EB3) and I-140 approved and 485 pending with a priority date Nov/2002. Her 485 receipt date is July/09/2007.

    While I was leaving "Company A" I did let them know about my Green Card processing and they did promise to help me out if there was anything required in the future.

    With the latest movement in dates, I would like to move ahead with the filing of my 485. I do have a couple of questions regarding what will be needed w.r.t my current situation.

    I would like to know you expert opinion/advice on what can be done in this situation so that I can move ahead with my 485.

    Thanks in advance for your time.





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  • ramus
    07-03 04:17 PM
    http://economictimes.indiatimes.com/US_cap_on_employment-based_visas/articleshow/2170349.cms





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  • vdlrao
    07-21 05:33 PM
    Spillover is usually USCIS inefficiency to allocate them. The law says USCIS can leave some visa unassigned but cannot over assign even a single visa for a year.

    This UNUSED VISAS OF FAMILY BASED are not due to the inefficiency of USCIS but because of the 7% limit for each country and 2% for dependent areas of family based visas.





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  • roseball
    07-10 12:35 PM
    Can anyone recommend any good IT consulting companies in Canada?

    I need a permanent job offer to qualify for the points but most of the jobs for my skill set are either contract jobs or for relocation to USA. Please help.


    Try www.cgi.com.

    Its one of the top consulting companies in Canada which hire for full time positions....One of my colleagues moved to Canada last year and got a decent offer from CGI in Toronto.........Keep in mind that salaries in Canada when compared to US are not that great, not to mention high taxes.....But the peace of mind and stress free life is priceless.....



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  • angelfire76
    05-29 09:19 PM
    http://www.foreignlaborcert.doleta.gov/pdf/fraud_faqs_07-13-07.pdf


    Specifically this provision applies to Cognizant

    Willful provision or assistance in the provision of false or inaccurate information for an application for labor certification;

    Yeah but EB1 does not even need labor certification. So you can't apply the willful misrepresentation. What we can apply willful misrepresentation is in the 140. Also since EB1 is current , these guys also apply 485 at the same time and get EAD and AP.





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  • redcard
    05-29 01:36 PM
    For all those who are stating that filing in EB1 should not matter, please withdraw your application and let other people in line move ahead. Give me 1 simple reason, why should we not raise this issue. In hindi, there s an old saying "boondh boond karge ghara bartha hain"....

    I will request all of you to send letters to USCIS to raise this issue and lets have a close scrutiny of all EB1 applicants received/filed....I understand that this is not the solution but i am pi***** at people using loopholes all the time.....


    Well I am pissed with this whole set up of immigration in this country.. did not obama's campaign say " HOPE IS ON THE WAY".. well its seems for skilled immigrant workers it is " HOPE IS OFF THE WAY"



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  • vedicman
    01-14 08:46 AM
    I don't see anything wrong PlainSpeak's suggestion but I can't comment on if her suggestion is workable or not. But we can just explain what is right or wrong instead of getting into fight mode.
    How is misleading members not wrong? Check willigetgc's response

    It would be great place to share ideas (good, bad, right, wrong) if those uncivilized response is reduced. The lesser the uncivilized response more the people willing to join hands.
    Sharing ideas are good. But if you looked at plainspeak first post he was pretty much goading members to come after him.

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

    Reason for me to share my thought is amitjoey, otherwise I would have just gone through the thread and felt bad about this forum for uncivilized comments. I am not into any group yet (Eb2/3) as my comp is not going to sponsor gc as per new policy, so I don't belong to any group (or we can say group who's gc never filed). When I read PlainSpeak's comment I thought she was right and after reading amitjoey's comment I learned another view for this issue. After reading those two comments I understand the issue and why IV took different direction or direction different from PlainSpeak's. But when I continued reading this thread I felt why some educated people with good intentions have bad thoughts and respond to others in uncivilized way. In the whole thread only two comments make's sense to me rest doesn't belong/fit to this forum.
    Plainspeak posted his view, few agreed with him, most disagreed - but he (My traditional upbringing does not allow me to think a girl can be so confrontational with strangers - so I will go on considering plainspeak as a man) kept up with his goading responding to each member. I cannot think of anyone with good intentions spending time to respond to comments that are not worthwhile.......

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

    Let me see if I understand PlainSpeak's language:
    1. IV core needs to put a lot of resources to lobby for the DV bill, knowing full well that this bill will go nowhere!

    2. Raise a false sense of hope among the EB3 community, again, knowing full well that its going to be dashed - just so that IV gains the trust of EB3 (I am EB3, and they have my trust without your logic!)

    3. An exercise to gain trust by misleading!:D

    I wonder why IV core did not come up with this brilliant idea ;)

    My responses are in blue

    My advice to you, this forum gives members a chance to voice their problems and many members help with suggestions and experiences. IV works for relieving our problems - and if their intentions are on our side, we need to help them and not fight amongst us or them. Judge by what the administrators of this org say.





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  • breddy2000
    09-04 12:29 PM
    You and me are just another free loaders. What IV is going to lose if move out. add some value before you start threatening.:D

    I'm not a free loader like you....Have contributed and still want to contribute...Its just that I cancelled my CC(the source of funds) that I need to reactivate.



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  • GCA
    10-29 01:03 PM
    Giving GC's for buying home seems toomuch biased and benefits only a subset of EB, and totally shifts the basis of the EB category.

    On the other hand, if their visas can be exempted from the visa numbers(annual quota), but still tied to the visa dates being current for their priority dates, this will benefit the entire community and law makers can justify the approach without stiff oppositions, if any. To me this feels lot more reasonable and everyone(EB applicants) will evenly benefit from this.

    Almost 20-30% of the Eb appl. from 2001-2005 should be already in a position to buy or bought a home. That should help dates move faster for older dates.

    Just a thought. But this alone will NOT resolve all our issues and backlogs. Just speedsup the date movement in a steadily manner.





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  • immigration_indian
    07-04 01:43 AM
    I sent it to CNN I REPORT

    Thanks



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  • tikka
    07-04 01:00 PM
    As you know, spouse and minor children's applications for AOS are filed with Primary Applicant. Minor children are those under 21 years of age. Once the child turns 21, they are no longer eligible to file AOS wih primary applcant. However, there is a Child's Protection Act that allows the time that it takes (# of days) to process the I140 to be subtracted from the child's age when he /she turns 21. Example - if it takes 128 days to process the I140, the child turns 21 but is considered 21 years minus 128 days. Provided you can file AOS in within 128 days of the child turning 21 then he/she is considered a minor.
    The key is being able to file the AOS. That "stops" the clock. Technically, the child's AOS should be adjudicated by 21 and there is an opportunity to expedite the application for this very reason. From what I understand however, as long as the AOS is filed, the clock stops ticking. That is what every lawyer we have used along the way has told us.

    MACACA - pls see your PM...





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  • TeddyKoochu
    07-22 12:36 PM
    Teddy ... I like your calculation and read all your posting on Calculation thread. This is a fun thread to relax. So don't take it seriously.

    If I was bad person then I will try to derail the good thread.

    Iam sorry, by OP I meant the original poster of the thread (The person who wrote the first post) not yourself. Your post is perfectly ok like all and its a fun thread. You are a nice guy :). My bad in quoting your post and causing the confusion.



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  • RattuRani
    06-10 09:29 PM
    Don't think of it as punishment. The US wants to allow a certain number of people to immigrate each year. The demand far outstrips the supply. That's where the problem is.

    There are two ways to address this:

    Increase the supply
    Decrease the demand


    Those are the only two ways. One option would be to go for a points based system that awards the limited visas to those with the best qualifications or where the need is greatest. After all the US is in a "buyer's market" and can pick and choose those immigrants that add most to the country.

    The other option (which is at present politically infeasible) is to increase the annual immigrant quotas. Tough to support this in a recession with 10% unemployment.

    I'm not sure you can characterize this as unfair... ultimately it is left to the US to determine how many people they want immigrating.





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  • old_hat
    05-03 01:59 AM
    [QUOTE=old_hat;338512]

    Its not he....Its you...yes, you are the one comng in three different IDs and supporting yourself.:eek:

    get over delusional thoughts. At my age I am not looking for vindication from any quarters. my opinions are my own and mostly well supported with facts. And yes I am flexible to changing my views based on facts and arguments based on facts.



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  • lotsofspace
    02-13 11:48 PM
    How about facts? In 2006, Philippines received 23,733 EB visas, India - 17,169. No other country received more. China received 9,484.

    http://www.dhs.gov/xlibrary/assets/statistics/yearbook/2006/table10d.xls

    can you also please care to do the percentage with total applicants ?





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  • weasley
    07-31 07:10 AM
    Hilarious

    :D:D:D:D:D

    Furiouspride's first encounter with the Amway posse!

    Circa 2000: It was time to retire!



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  • gceverywhere
    09-23 12:57 PM
    This initiative has my full support. Thanks Nixstor for coming up with a very innovative idea. While it is OK to expect for the system to not have this problem in the first place, the reality is that we have a HUGE problem in front of us.

    We should all be very very concerned with what's going on in the financial market. If the bailout doesn't work then we will have a deep recession in front of ut. Do you REALLY think the govt. (Dem/Rep) will care about your green cards then?

    Win-win strategy always works. To me, this idea presents a great win-win approach.

    Nixstor,
    I like the idea but I have one question. Have our lobbyists reviewed it and do they approve it?





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  • Marphad
    05-18 10:44 AM
    Oh Yeah? Says who? You? and made you the boss?

    So you mean to say we have to listen to imposter like you who is roaming around in immigration forum with chargeability as United States? There could be only 2 reasons for this:

    1. You want to use fake profile to spread non-sense rumours and un-necessary posts.
    2. You are anti-immigrant.

    In both cases I want to show you door. Have a nice day buddy. Now please leave.





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  • Macaca
    06-27 11:03 AM
    From pages 36-37 of CIS Ombudsman's 2007 Annual Report to Congress (http://www.dhs.gov/xlibrary/assets/CISOMB_Annual%20Report_2007.pdf).

    In the 2006 Annual Report (at p. 16, AR 2006 -- 02), the Ombudsman also recommended that USCIS assign visa numbers to employment-based green card applications as applicants file them. The Ombudsman continues to recommend that USCIS work with DOS to reinstate that process which existed in the early 1980s, wherein DOS issued visa numbers for both employment and family-based applications for applicants as they applied rather than as they were approved. This process would ensure that USCIS does not accept more applications than the number of visas available.
    With respect to the recommendation that USCIS assign visa numbers to cases as they are received, the process the Ombudsman describes was the process in place a number of years ago. DOS, which manages overall visa number allocations, modified that process to the procedure in effect today. It is their policy to allocate visa numbers to USCIS adjustment cases only as the point of approval is reached.
    However, through the tri-agency meetings, DOS explained that the modification to the program occurred in the early 1980s because INS could not adhere to the requirements to return unused visa numbers immediately. The Ombudsman understands that DOS prefers that cases are reported qualified for a visa earlier than at approval. In the last several months, there have been several suggestions on how to accomplish that task, but operational concerns remain. The Ombudsman hopes that USCIS and DOS can reestablish the older program with improved processing and technology to ensure timely and accurate reporting of cases ready-to-issue and to prevent the future loss of visa numbers.





    dvb123
    02-15 10:48 AM
    my friend you really need to dig deeper into stuff...most things are more than meets the eye. courts are very reluctant to strike down laws. the supreme court will strike down a federal law ONLY if it's against the constitution itself...ie there has to be a fundamental problem. this is true both in the US and in India.
    the fact that a law inconveniences people is just not enough ground.

    Yup Paskal I have a dug a little deeper. Although this case is about DV visa it is very similar to our Visa recatpure situation.

    http://64.233.167.104/search?q=cache:yJNFLn-AtcsJ:vls.law.vill.edu/Locator/3d/Jan2004/031075p.pdf+court+order+immigrant+visa+number&hl=en&ct=clnk&cd=7&gl=in





    AirWaterandGC
    05-12 08:04 AM
    Thanks nozerd.
    Also if the judge finds it unreasonable that I stayed out of CA for more than 3 years, will I be allowed to at least live in CA for the remaining duration (time remaining out of 5 years), OR I will have to leave CA immediately once the judge does not like my reasons.

    Thanks again.

    A Canadian PR has the right to enter Canada (as opposed to a US PR who does not have the right and can be denied entrance by INS).
    If you have not met 2 in 5 yr obligation Canadian Immigration will question you but let you in. They will give you a date on which you will have a court date with Immigration judge. Then its up to judge and you. You will have to give good reason why you were out ( waiting for US GC is not a good reason ).

    Dont know about the reapplying part. Never heard of anyone having done it.



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