Sunday, June 26, 2011

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  • eager_immi
    07-18 03:50 PM
    Send her application in the day ur PD becomes current (it may take many years unless congress passes some law) it is highly unlikely that they will approve ur application in one day. PD is Mar 2005
    EB is EB3.
    I-140 applied in Mar 13, 2007 (not approved yet).

    Appreciate your help

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  • sc3
    11-15 01:09 AM
    let us not be moral police here.

    Its illegal for an employer to charge for H1B. You cannot expect employee to know and enforce the law. Employers know its illegal to charge money and in this case his employer is in violation of law.

    I wasn't moral policing, I was just laying out the legal stand that anybody can have under these circumstances. I am sure that the so called "Desi shop owner" is not so dumb to so flagrantly violate the law when his employee is going by the book, unless the employee is seriously gullible.

    I agree it is illegal for employer to charge for H1B, and of course the employer is in violation of the law, but one needs to ascertain that the employee is not a willful accessory to that violation.

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  • bugmenot
    04-25 08:40 PM
    Should watch AILA's stand on this. One group who would benefit immensely with this system would be immi lawyers, at least for first 10 years after which it would be more established. A perfectly intelligent delaying technique moving the issue away from its solution at least by 2 full years. This idea appears to be so full of holes, it seems as though coming from WH itself. Soemtime Logiclife nicely argued against such a suggestion, it would help to dig out those comments and post them here...

    on the contrary, the point based system completely eliminates the need of a lawyer, with the canadian and australian system u just need to do the work urself online and the balls starts rolling then, it'll be interesting how they react to this

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  • deafTunes123
    10-02 08:34 AM
    Children born outside India and whose parents are Indian passport holders are not eligible for OCI Cards.

    OCI - Steps to Apply-Consulate General of India, New York, U.S.A. - - (


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  • amitjoey
    11-08 04:32 PM
    Hindus could be anywhere in the world, not just India. Being a Hindu does not automatically mean you are an Indian. You could be a citizen of any country. So it does not establish the notion that it is an India centric website.
    Just like all Muslims are not from Saudi Arabia. They are in 100's of different countres and citizens of diverse nations from UK and Malaysia to Australia and Germany. Christians could be from Europe, Australia and India or the African continent or China and other parts of Asia. I personally know Hindus that are from Fiji, Trinidad, Singapore, Malaysia, Sweden, UK, Canada and they are not Indian citizens.
    Moreover, Diwali is for everybody, Just like X'MAS is. You can be an American and be a Hindu. So There is no question of IV getting targetted as India-centric or Indian issues-specific website.

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  • newbie2020
    09-25 04:33 PM
    I would love to get involved with bunch of like minded people.....I have all the experience needed for starting and running a company. I have successully done thrice.....We have so many experienced folks who would love to start and run a company but lack the experience/knowledge of running one. it would be a good start to bring all such people to get together and pool our knowledge, skills, money and succeed.

    Let me know what do u guys think... We can discuss next course of action.


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  • pappu
    08-22 02:16 PM
    Hi Diptam,

    You spoiled Aadimanav's day already :D:D

    No Diptam spoiled several years of his .... :D:D:D

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  • lvinaykumar
    04-12 07:08 PM
    i have been trying a lot to convince my friends to sign up but it is useless man. unless they feel the pain they dont see it. for most of the 20$ is nothing but they will not sign up for iv..


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  • mps
    03-27 11:02 AM
    How about we will bet for/against predictions and let all the proceedings go to IV???

    VBKRIS77: so you really don't like this kind of thread ?:rolleyes:

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  • casinoroyale
    03-18 11:53 AM
    So lets do the numbers. If 10,000 of us buy houses worth $300K.

    Lets say, each make 20% downpayment.

    10,000 * $ 60,000 = $ 600 Million (right away gets pumped into the market)

    each pays mortgate of $2000 per month which makes by next year this time

    10, 000 * $2000 * 12 = $240 Million.

    So which this plan, for 1 year, we are helping the economy by $ 840 Million. :confused:

    Hmm, Is that number sufficient enough for Berneke to even think about our plan?


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  • eb3retro
    03-17 04:39 PM
    Guys - I have 2 sets of questions:

    1. Case 1: Re-enter on AP with a valid H1-B visa till Oct 2010 (not stamped in Passport though). What status do I have (AOS or H1-B)? This is assuming that I work for the same GC sponsoring employer. I currently have 3 copies of AP (and 3 for my wife) - will I have to turn in all 3 of them at the POE? I have read that the Immigration Officers keep 2 of the 3 APs and return one back to you. The I-94 is stamped for 1 year - what do I do after a year? Do I have to renew my AP every year to maintain my status in the US?

    2. Case II: Re-enter on AP (not working for sponsoring employer - using AC 21) - Is this safe? How does one explain AC21 to the Immigration should one answer the question: 'Who is your current employer?'

    thanks in advance!

    refer to my post here..

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  • paskal
    12-17 01:20 PM
    Are you saying IV can't find anyone IV trust to do this, or nobody in IV core thinks it is woth it to do some extra leg work? I don't think IV has the luxury of not doing the leg work. Every peny counts.

    buddy...iv core are not magicians, they have lives too. so please stop asking for more. when you say "iv has the luxury" hopefully you mean all 25,000 who make up iv. the core is not iv. they are just volunteers already breaking their backs...

    there are good reasons for the temporary stops to the checks. everything need not be publicly anounced. please leave it at that.

    and while we are at it...we need help with the leg work...please complete your profile so we can get you involved with some of would be great to have you as a volunteer!


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  • kavas
    04-03 12:58 PM
    Core Members
    You are all doing A Commedable and selfless job.We thank you for that irrespective of the outcome in the senate.

    Please dont even respond to any negative comments.Simply delete the ones you find inappropriate.You are doing a big job and dont need such diversions.

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  • vik_tx
    05-16 12:24 PM
    now ..confirmed with two immigration attorneys.. this ruling goes into effect tomorrow.. they are all scrambling to file i140s on the last day!(today)

    does any one have membership to the aila website.. I am curious to see whats posted behind the below link on the site..

    Just Posted
    DOL Final Rule on Substitutions and Other Labor Certification Issues


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  • supplychainwalla
    05-22 12:46 PM
    Are they processing based on received date or notice date???

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  • chanduv23
    05-14 09:44 AM
    I am not sure, if this topic has any merit. But, basically what we can learn is that, it is difficult to legally fight corporates, though I do not intend to discourage people, if there is any issue based on race or gender, going to HR may seem to be the right way, but 95% of cases, that will not work in favour of u, rather will work against you, especially being on H1b.

    The reason I opened this topic for discussion is to see if it helps folks understand how certain things can affect ur path to GC. This is one aspect that you have to atch out in your journey towards GC.


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  • Sree Swathi
    04-21 02:47 PM
    True, but the OP isn't proposing a law, if you read the first post, she is asking for permission :D with this kind of knowledge, such things will die in her inbox!

    Yes. a law will be good.

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  • jkays94
    10-03 01:32 PM
    I am very depressed! my lawyer who is doing my I-485 has advised that if she was to be concerned with her representing me, she would advise against me starting the company. basically, she said, USCIS can read this as an intent to leave the permanent employer for self employment. my business plan was to be in non-IT business. she said that if i am making enough money in the business, it will be hard to prove that i intend to continue in the job while having this business on the side...

    well! best of luck to you guys! go on sharing your stories.

    Although USCIS guidances are not binding, you might want to pay attention to the below (was not able to upload the attachment, you might want to google for it)

    From: Michael Aytes
    Acting Director of Domestic Operations
    Date: December 27, 2005
    Re: Interim guidance for processing I-140 employment-based immigrant petitions and I-485 and
    H-1B petitions affected by the American Competitiveness in the Twenty-First Century Act of
    2000 (AC21) (Public Law 106-313)

    Question 7. Should service centers or district offices request proof of �ability to pay� from
    successor employers in I-140 portability cases, in other words, from the new
    company/employer to which someone has ported?
    Answer: No. The relevant inquiry is whether the new position is in the same or similar occupational
    classification as the alien�s I-140 employment. It may be appropriate to confirm the legitimacy of a
    new employer and the job offer through an RFE to the adjustment applicant for relevant information
    about these issues. In an adjustment setting, public charge is also a relevant inquiry.

    Question 8. Can an alien port to self-employment under INA �204(j)?
    Answer: Yes, as long as the requirements are met. First, the key is whether the employment is in a
    "same or similar" occupational classification as the job for which the original I-140 petition was filed.
    Second, it may be appropriate to confirm that the new employer and the job offer are legitimate
    through an RFE to the adjustment applicant for relevant information about these issues. Third, as
    with any portability case, USCIS will focus on whether the I-140 petition represented the truly
    intended employment at the time of the filing of both the I-140 and the I-485. This means that, as
    of the time of the filing of the I-140 and at the time of filing the I-485 if not filed concurrently, the I-
    140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended
    to undertake the employment, upon adjustment. Adjudicators should not presume absence of such
    intent and may take the I-140 and supporting documents themselves as prima facie evidence of such
    intent, but in appropriate cases additional evidence or investigation may be appropriate.

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  • belmontboy
    03-19 04:44 PM
    Ye...we all see your moral standard here.

    You reputation has gone up because you are supporting a shoplifter over hook...? wow. Support sex offenders, rapist and drug addict and kidnappers... you would get even more reputation.

    Each of our past has its own dark stories buried somewhere.
    Who are we to decide whats wrong and what right? are we that "good" to say that OP is "bad"??
    Have we lived a honest and sincere life?? we should ask these questions to ourselves before weilding knife at OP.
    Give the OP guy a break. He is expressing remorse for what happened [again i am not getting into the discussion of whether he is innocent or criminal here].
    But do remember that all "shoplifters" are not criminals. Some go through misunderstanding process and get convicted. So without understanding what exactly happened, don't start judging people.

    OP: you are showing remorse, you are one step closer to forgiveness from god.
    Regarding immigration issues, please consult a criminal immigration attorney [they do case analysis and give you memo kind of thing that describes whether you case falls into CMT or not, and whether you are admissible or not]

    02-15 10:11 AM
    Isn't it illegal to hire out L1's as contractors? But even the large IT companies do it all the same.

    01-21 02:38 PM
    i am getting frustrated to see the bulletin everymonth and it never moves.
    people applied in 2006 got their GCs. one of collegue ROW got when applied in 2007.

    dont know whom to blame. why cant they understand our problems.
    r they least bothered.

    my PD is oct 2003-EB3


    Having PD earlier than you, I completely understand your frustration. But just talking about it is not going to help. We need to work as a team to fight this injustice. Follow all the action items.

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