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Friday, July 1, 2011

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  • syendu1
    01-14 02:01 PM
    plainspeak,

    i know a thing or two about this eb related immigration. i agree people should not suffer for years together to get a perm. res card, and that too, people who may have been in the line ahead of others.

    however, i dont think it is just not being ahead that creates this spill over thing. unused visas first go to eb1, then to eb2 and then to eb3. i think, that is correct. now, my view about this categorization is that, eb1 -- outstanding people, eb2 -- better qualified, eb 3 -- skilled but not qualified in terms of degree or experience, whatever. (pls understand, i am not degrading eb3 people, i have loads of very close friends in eb3 who are extremely intelligent and i can tell you, can easily compete with the eb2 guz, as far as knowledge etc goes).

    but, there is a reason for this division and just for that reason, visas have to go thru eb2 before eb 3. if that is not the case, they wont put people who go for NIW in eb2, it wud have been in eb 3 or a completely separate category.

    u did mention to someone that u dont want to convert to eb2 or something in those lines, but i believe everyone should try to get to eb 2 (get masters, or after getting the experience), there is nothing wrong in doing so. (if u feel that i shud not be giving u advice, then just ignore the above few lines)

    i believe some of things people pointed out like visa recapture, not counting the dependents etc are the kind of things where IV should focus energies. this is good for all immigrants

    bottomline: i believe it is wrong to distribute remaining visa no.s to eb3 category before servicing eb 2, becoz i thought, the categories were specifically created to prioritize.

    and please, bear in mind, i am not saying this coz i am eb2. i thought logically that was correct. and, i do easily qualify for eb 1 as well. just did not care abt a gc. i dont care abt it even now. my thinking: if it happens, good, if not, i dont care, i can always go back home-jai hind.





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  • alterego
    07-26 04:56 PM
    Also out of the 65K H1 visas that were available since 2003, most of the Visas were consumed by the Big Indian companies.
    Remember when Congress sent letters to the Big Indian companies, there was data related to how many companies applied for how many Visas.

    AFAIK it was in the range of 25k-35k per year combined by all these companies that filed H1s .

    One thing to note is, they do not sponsor GCs for all the applicants.They do them very rarely for the people who are in their 5th to 6th year of H1.Could be in the range of Hundereds and not thousands comapred to the people count they have in US.

    Yes, you bring up a valid point however consider these two points also:

    1) They also bring a lot of people on L1 visas.

    2) A lot of people come to the USA on a H1 with these Indian companies but then find employment with another US employer willing to sponsor their H1b visa and then move jobs, and transfer their H1b visa with them.





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  • vjkypally
    06-16 04:55 PM
    Why are we seeing posts related to porn on this site???????





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  • yabadaba
    02-14 02:31 PM
    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.
    dude..lazycis...this is awesome precedent. it doesnt get easier than this....its exactly the same as what we are going after. there was wastage in numbers, thereby hardship in terms of renewals of eads

    what type of profile would a class based plaintiff have? will any of the july filers be able to "qualify" as a plaintiff in this class action lawsuit



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  • Lasantha
    12-14 05:35 PM
    Well, you are the one who asked me that question. I can't help it if you didn't like my answer.
    And if you don't like other views please don't waste your time by responding to them.
    As for your last question, if I have anything more to add, I will do that if and when I feel like it. I don't think I need your permission to do that. (At least I think I don't. Correct me if I am wrong though). :cool:

    Hasta la vista Baby!

    Either you are kidding or wasting everybody's time. This thread is all about "investigating constituionality and effects of "Per country limit" . Nobody is saying, repeat, nobody here is saying that OTHER AGENDAS defined by IV should not be pursued or will not be pursued. Do you have anything to add about "Per country limit?





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  • samay
    07-28 09:13 PM
    Dear Sir,

    This is my situation

    1. Applied for H1B Extension on Jul-10-2007
    2. Got RFE on Mar-2008 and replied to RFE on Apr-2008
    RFE: 1. client contract 2. last 2 yrs my tax return
    3. After Reply to RFE no news from USCIS
    4. Applied for Premium processing on Jul-14-2008
    5. I485 Pending and having EAD/AP for my family and Jul-09-2008 applied for EAD Renewal

    My Questions:
    1. Since my H1B expired on Jul-14 What is my status? Can I work till I get my H1B approval?.



    2. How can I expedite the H1B Process ? (already upgraded to PP)
    3. If I get approval , do I need to go back to home country to get stamping?

    Thanks for your time and help.

    Regards,
    watgc

    You should have got a response from USCIS by now or by tomorrow latest. If not then they will have to refund your fee. Once you get approved, when you travel outside of US you will have to get your H-1 B visa -either in your home country or Mexico or Canada.



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  • dvb123
    02-15 02:46 PM
    Dvb, did you read the ruling? It denies relief and says that:

    "We therefore join the Seventh and Eleventh Circuits in concluding that, in the current circumstances, the language Congress used precludes the INS from issuing a visa pursuant to the DV Program for a given fiscal year upon the expiration of that fiscal year. See Nyaga, 323 F.3d at 914; Iddir v. INS, 301 F.3d 492, 501 (7th Cir. 2002).8
    8. Had Coraggioso sought relief prior to the expiration of the 1998 fiscal
    year, our analysis may have been different."

    So this case is not helpful to us, though it is good for us to be aware of its existence.

    I read the end and it was unfortunate. I was talking about visa number reservation where they can reserve visa numbers for us in the future years based on the previous mistake they did. The court can compel USCIS to give visa numbers but maybe not in the same year but in a period of several years where there can put the newly applied i-485's on hold.





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  • Rohan99
    07-28 01:03 AM
    One way to know the truth will be..
    Inform immigration law enforcement authorities about next Amway meeting place and tell them that H1B visa holders are doing illegal work... I am sure we will have some extra visa numbers


    Sure with dead bobhead braincells of yours, nobody expects your self image to be high enough. Its not for wimps wearing zippers to the side like you. If you are man enough come and talk to me, and will see who gets handcuffed.



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  • lazycis
    12-13 04:22 PM
    It does not violate the constitution so we better of concentrating on other issues. The country has a right to regulate foreign relationships as it sees fit. It does not have to treat all countries equally. Some countries are eligible for DV lottery, some not. Also, per-country limits for employment-based visas apply to those who are in the US and to those who are not.
    We have to push Congress for changes, not courts. Some laws can and should be challenged, but this is not the case.





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  • doknek
    07-17 01:33 PM
    If PD moves to last quarter of 2007 within a year, then there would be no candidates (EB2), since all will still be stuck in PERM audits which will take 6-12 more months to clear + I-140 processing time.

    So, they move PD dates faster but freeze PERM apps. I am confused:confused: Any insights?



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  • gcny2006
    05-28 11:58 PM
    Can someone tell me if this is right?

    - Total number of EB-2 visas = 40,000
    - 7% of 40,000 are allocated for India = 2,800
    - Number of EB-2 I I-485 apps pending = 30,000

    So if there is no spillover from other categories it will take north of 10 years for all the people who applied for I-485 in the July 2007 fiasco to get Green Cards. The only caveat to this would be attrition or legislation.

    WRONG

    Mr. Oppenheim has set the cutoff date for EB2 India at January 1, 2000. According to current estimates, out of the approximately 200,000 I-485 applications currently pending with USCIS, 120,000 of them are chargeable to India, with the cases divided evenly between EB2 and EB3. This means that EB2 and EB3 India applicants count for 60 percent of the I-485 cases currently pending with the USCIS.

    - Number of EB-2 I I-485 apps pending = 60,000

    so with no trickle it will be 20+ years





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  • sgmavinkurve
    07-21 07:32 PM
    Folks, let's not stereotype desis or any particular race. I ran into this Malaysian couple of Chinese descent who approached my wife and I at IKEA in the Chicago area. They tried some of the same techniques as described in this thread...
    I was very surprised and confused because we had no connection in terms of race, native language, or look. I am hard core - lungi-dhari desi :) So you see it's the Amway/Quixtar/BWW culture and nothing to do with any race, regionalism or language. My $0.2

    I don't think anyone was suggesting that race or ethnic background has anything to do with it. There was no suggestion that the Amway bug bites only Desis. The Amway bug can bite anybody regardless of their background. All are vulnerable.

    Yet, the fact of the matter is that the Amway bug has bitten more than a few people in the Desi community, and those individuals are actively trying to lure others. And from what I've seen and heard, they primarily target other Desis. We should be aware.



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  • new_horizon
    03-27 02:08 PM
    I cannot think of any one good leader left in india. not one who can rise above self-interest and narrow mentality. Can you imagine any one of the so called leaders that was mentioned in this list leading the nation, and not be a laughing stock? remember deva gowda at davos...made a mockery of India there. Mayawati/modi, etc. what kind of leadership qualities (international affairs/finance/etc) do they have? the only kind of experience they have is gundaism, and creating conflicts with caste, culture and religion.
    I wish most of the current class of leaders were erased, and a new class of leaders were brought in. Sadly that'll never happen with the kind of democratic setup we have. in the name of representation, we are debarring intellects, and people with broad vision from joining politics.





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  • GCWhru
    07-23 11:38 AM
    Guys,

    I think we have talked and analyzed enough about how many visas available for August and September and pretty much arrived at conclusion that at the minimum 20K visas available. (Thanks to vdlrao).


    Now we should talk about capability of USCIS and its processing speed? What is the normal approval rate with USCIS's regular processing. Also we heard that USCIS recruited many people, Do we suppose to see any improvement in processing. Do we think all the 20K visas will be used within 2 months?


    If USCIS is going to approve only 5K visas over next 2 months, there is no point in talking how many visas left.

    Thanks



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  • smuggymba
    01-15 03:59 PM
    I'm not sure why ppl gave me red for posting a business practice of desi dallas.

    Can you please tell me if what I posted is wrong or you just don't want to accept the facts?


    I trust the talent of desi dallas, they will come up with a way to circumvent this

    Their other talent includes asking some part of money from the employee from their salary every month so that they can give them money when they are on bench. They are genius. They come up with some serious fun stuff





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  • bayarea07
    07-22 02:54 PM
    I would agree with you on this for normal people but not for amway folks, when you are continously being pushed to being on the verge of harrasment then i would think that every human being would behave the way as we do
    Moreover they are the ones who push people to behave that way.
    Respect is all give and take.


    I have been following this thread for last couple of days and I feel I need to make few points. I remember when this amway/qucikstar thing started several of my close friends got entangled and tried to involve me. However, every time I bailed myself out by clearly mentioning to them "Right now, making lot of money is not in my top priorities. I want to focus on my carrier." Fortunately, I was able to fend off the proposals and clearly make my point.

    In this thread, several of you are mentioning to ridicule, diminish, embarrass, and even socially out casting an amway/quickstar member. I feel its going a little bit too far. If you dont like to be in the amway/quickstar business stay clear of it, nobody will be able to force you in it. Setting up anti-amway websites, sharing names of the "bugging" amway members, distributing their phone numbers, and destroying their social reputation is harming the person personally, not the amway/quickstar business. We all know by now the amway/quickstar is a scam, majority of its signed members end up losing valuable time and money. How do you feel if some of your mentioned action emotionally push a distressed person off the cliff. Think about it a bit !!!



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  • shiankuraaf
    07-14 09:39 PM
    My dependents are out of US for almost 5 months for now and they have AP approved before they left US and they are planning to come to US in couple of weeks from now on AP. Our PD is going to be current in Aug08. Is this OK to be out of US for this much time when AOS is pending? Staying out of US for this long would effect their AOS processing in any way?





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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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  • krishna.ahd
    02-20 03:58 PM
    I keep thinking about going back and your inputs are valuable in this regard...
    But in my case I could think of a few more factors...
    1. Back home the economy is sizzling...(Don't know how long that would last)..
    2. My friends who chose to stay in India/left for India in 2/3 years have a greater net worth than I have...(through stock market/real estate appreciation..) again do not know how long/whether this would last..
    3. I am really at my wit's end as far as work is concerned...The stagnation is killing me...I am in this place for last 7 years....

    Good discussion so far MSP and UNITEDNATIONS but you folks touched the weakest point for me
    Some of us like me dont have any choice but stay and wait for GC.
    Reason came here late age and now wife is doing Phd and Kids are doing good at school , elder one about to enter college ( i have to pay the full fees if i dont get GC soon) and high school GPA close to 4.0





    bayarea07
    07-22 03:41 PM
    Good one


    This is my reply to these Amway leeches: Whenever I am asked What I do for living/where do I work.
    My Reply (with straight face): I work for a Law firm. We specialize in frauds and scams law suits. Quick as a wink they disappear after hearing this. This has worked so far.:D





    GCapplicant
    01-22 02:26 PM
    Recently , Immi officers are randomly dashing thru H1B sponsor companies ,where any H1B petitions have gone thru or waiting for renewal. NJ -

    So guess its getting tougher - They have set of questions - from POEntry date with eaxct details of the petitioner.

    How many H1's the company has issued , salary matching with Tax copies.

    Guess - if the company has no base or structure , the so called employees name inot there physically or the whereabouts .

    This happened today a checking in NJ. All the papers should be in hand

    Its getting tougher



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