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  • ash27
    05-29 12:35 AM
    I've met couple of guys who came on L1 and have filed GC in EB1. they are simply project managers and exploited this loop hole... I'd raised this issue earlier but was scoffed stating that I would have done the same if I would have been at their place...Felt like slapping the guy who made this stupid comment.

    Given that we have played by the rules, lets prevent any kind of fraud to make sure that there is FIFO.....





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  • tikka
    07-03 11:48 PM
    http://digg.com/politics/Rep_Lofgren_Issues_Statement_on_Updated_Visa_Bulle tin - 229 DIGS

    http://digg.com/politics/U_S_Withdraws_Offer_of_60_000_Job_Based_Visas_Ange ring_Immigration_Lawyer/who 40 DIGS

    http://digg.com/politics/USCIS_Visa_scandal - 31 DIGS


    please DIGG!!





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  • unitednations
    02-20 12:59 AM
    How much investment is required to do this using the L1-A? This appears to be a better option than the EB-5 where money is tied up for years.

    You have to work for the company outside USA for one year. therefore, you gotta be out for one year.

    I am not advocating this but if a person were to go back home and wanted to come back later then al they need to do is start a business (could be consulting). After it has been running for a year then come to USA on L-1A to open up a sales/operational office and then open up your consulting company and start hiring/placing people.

    Note: You need to ensure that the company is real back home to get through consular process.

    I am actually very surprised at people. I would have thought that now people have come to realize that this could take a long time that people would dig in and start lobbying harder; strategizing, etc., instead, I am seeing more postings of people going back home; canada, australia, england, etc.

    I will give you my story. I came here in 1993 and stayed until 1996. Didn't really think about staying here permanently. In 1996 my colleague who was from Bahamas on H-1 got me on a conference call with company attornies about doing greencard. We asked her of the process and she told that the rules were you had to work with the company for 18 months; the process could take 3 to 4 years and then you had to stay for 3 years after the greencard got approved. We both just looked at each other and thought there was no way we would do it. He went back to Bahamas and I went back to Canada thinking i wasn't going to come back and why wait anyways.

    Three years later I decided I missed USA (note: Canada isn't much different but I still missed the "system" and the rush of working in the big economy with the biggest companies. I came back and stuck in greencard process now for many years.

    My conclusion is that I made a mistake of going back and should have stayed the first time around. Something for everyoen to consider going back to other countries or back home.





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  • amsgc
    07-04 12:43 PM
    For my spouse, I've to take care of all the fees for I-485 / I-765 / I-131 / Biometric ( $325 + $180 + $170 + $ 70). For me, I've to take care only I-131 Fees ( $170). The Company Pays the fees only for my I-485 and I-765 and also take care of the Attorney Fees for both of us. They also reimburse the Medical Expenses, if the insurance does not cover the charges, only for Employee/ Primary applicant. For all dependents it is my responsibility.

    I just want to point out that whether or not your company helps offset these costs is immaterial at this point. This is money that has gone down the drain. Depending on the Oct. Visa Bulletin, you, or your employer may have to incur the same expenses all over again. So in the end, you may end up spending more than twice the amount of money, and more in application fees.

    My only beef is that if the USCIS was intentionally working hard to preempt the deluge in July, WHY DID IT NOT TALK TO THE DOS AND MAKE THIS INFO PUBLIC??? This is unethical and unacceptable conduct.



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  • the_googly
    07-23 01:17 PM
    This does not make sense at all.. cases are a miniscule portion of actual USCIS approvals and a rate of 30 cases per month would mean most of USCIS personnel are on vacation for summer :)

    The assumption is that we have a true random sample on . Please note that the 30 cases per month are not actual cases.. they are cases.





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  • nashim
    07-15 02:06 PM
    Dear Attorney,

    Is it possible to have 2 different I-485 with 2 different employers at the same time?

    I already have an I-485 pending through my current employer. Is it possible for me to file another I-485 through my future employer?



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  • newtoearth
    05-03 01:14 AM
    ...





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  • ramus
    07-03 09:43 PM
    No problem.. Fund drive is important ...


    sorry :D

    this one time pls allow us to post contribution thread here..



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  • tw00ne
    07-23 10:35 AM
    Is unclear to me what the law is for those 2 cases

    1) You are with the employer that sponsored I140 and you get GC.

    2) You use AC21 and move to employer B and get you GC while at employer B.

    In both cases more than 6 months have lapsed since the I485 filling

    And the question is...:

    Are you free, after getting the GC, to move to another company or you need to stay with current employer for a certain amount of time?
    How would USCIS know if you moved?





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  • smisachu
    06-16 03:22 PM
    Dear fellow. There are various types of population segregation. If you set a high bench mark then only those capable of achieving it will come in. But in the US immigration system, the bench mark is set low and after gathering the population they are just making the flow a trickle. This is like collecting dirty water in a barrel and turning the tap to a trickle to filter impurities. If you want to filter impurities put a filter before the water enters the barrel.

    That is not the way to filter. If they need a stricter way to filter they should mandate that (this is just a hypothetical suggestion):

    EB1- Only PhD�s period.
    EB2A- People with Masters from US universities (STEM+MBA)
    EB2B- people with Masters from other countries (STEM+MBA)
    EB3A- People with Bachelors in STEM
    EB3B- People with Bachelors (Others), and so on.

    Mind you I am not professing that a masters from a US university is any better than one from say an Indian university. I have studied both places and I will tell you that the level of education in India is so much superior to what we get in US.

    Right now you have IT guys going in to EB1 claiming to be multinational executives and getting GC. While people with Masters from US universities are waiting in EB2. Since the USCIS screwed up from the get go, the least they can do is to do a visa re capture so that visas that were mandated for EB immigration but were wasted are rightfully used for us. At least this way they will let in some good stuff . Some of the bad stuff will creep in but it is a casualty of war (or stupidity in this case).

    By the way I don�t think that they are trying to filter at all. They have just screwed up.


    I hope that you are more qualified than I am and I am not going to waste your time or my time contesting it. However, you could be a little more humble. I would also like to point out that your high qualifications may be failing you in your critical and deductive reasoning. Refer to the highlighted portion of your quote. If I may reason on an analogous note, you are saying that the current IIT JEE examination lets in a few people who aren't qualified. So by making the examination more tougher, it has more chances of letting in unqualified people. Needless to say, I am stumped.



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  • sdrblr
    06-01 10:37 PM
    I do not agree ,
    They should not deduct SS/Medicare taxes, If i am not eligible for it.

    So basically you pay for a CAR , and you dont get the delivery.. What do you do??

    We have been trying for the recapture. And i see no success, or even close to sucess.
    A good lawyer, can prove that the country quota is a racial discrimination or is unconstiitutional.

    I may be wrong , and this is just my opinion.

    buddy, you are paying for somebody else now :D. By the time most of us are eligible, there will be no SSN as it will be bankrupt soon :cool:





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  • saileshdude
    07-06 02:28 PM
    Hello,

    This is the question for the attorney. I have been laid off and my company is going to revoke my I-140 within 30 days. My I-140 was approved in 2006 and I485 applied last July 2007. My questions are

    1) what is the current trend if I1-40 is revoked . Does uscis send an RFE or NOID or a direct denial for I-485. How long does it take for revocation once employer submits. If I am not able to find a job before this happens will it impact my I485 application.

    2) If I am able to find a job and transfer H1 to employer B before I-140 from company A is revoked and then if again I have to switch jobs to say employer C , can I get extension of H1 just based on pending I-485 even though underlying I-140 is revoked considering I am porting using AC21.



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  • acecupid
    08-15 09:27 AM
    Try detaining any of their top Hollywood Heroes at an Indian airport for 2 hours and see how USA media and people will react to it.

    You people have no respect for your own motherland and always think everything American is good than your own country. Learn to stand up for your motherland. Just because you want your greencard does not mean you forget your roots. Anti-Immigrants (read racists) of this country will still call you slumdogs even if you are a citizen of this country. But your own country people will never forget you and will accept you as their own even if you have lived here for 50 years.

    Learn to love your motherland.

    I completely agree with you that we should never forget our roots or our motherland. India is far better than US when it comes to family values and many other things. However, this story has nothing to do about standing up for our own country/motherland. Every person who has a common name with terrorist names has had troubles at POE since 9/11. So who cares if he is SRK or anyone for that matter. When Colin Powell was the chief of security under Bush administration he had to go through airport security just like any other common person. The TSA here in US treats everyone the same. Do you think ministers or celebrities in India follow any security procedures ? Every now and then you hear of ministers and celebrities involved in smuggling scandals.
    There are good and bad things about every nation. IMHO, security procedures in US are the far better than India and apply the same way to everyone unlike in India. If you are so concerned about standing up for your motherland, what are you doing in the US ? Should I be calling you a traitor ? My point is, this case of SRK has nothing to do with loyality to motherland or racism. It is an unfortunate aftermath of 9/11 and we all know its been happening at POE.





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  • Rajkrish9
    09-18 10:12 AM
    Hi,

    This is regarding switching job from one role to different role

    Currently I am working for an Employer A in consulting position ie., Senior Developer Role. Current Project is ending in Dec'2008

    Now I am planning to move to a different role of Management (Project Manager) to Employer B.

    what would be the better way of doing for the above said role.

    My current H1B is expiring on Nov'2008 (Six year term). I have to ask my employer to do the extn. But the employer doing is very minimal.
    I have applied EAD in Aug'2008. - I am not sure when this will arrive.

    Now I am into the state of More confusion. I couldn't able to do anything as far as in terms of career path.

    Would like to enlighten some thoughts on this situation and Thanks in Advance.

    Regards,
    Raj.



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  • vdlrao
    07-21 06:49 PM
    For 2007 we had an availability of 226,000 Family Based Visas. But the issued visas in 2007 in Family Based are 194,900 visas. That means there are 226,000 MINUS 194,900 = 31100. These 31,100
    unused Family Based Visas have been made available for 2008 Employment Based Visas of 140,000. And USCIS has 28,795 unused VISAS of American Competitiveness in the 21st Century Act of 2000 (AC21).


    American Competitiveness in the 21st Century Act of 2000 (AC21) had recaptured 130,107 visas.
    Out of that 94,000 were used in 2005.
    7,312 were used in 2007.

    So dont know when the available 28,795 unused VISAS of AC21 will be used again.



    The unused family based visas of 2007 are 31,100 , which are going to be added for Employement Based Visas of 2008. So the total Employment based visas for 2008 are 140,000 + 31,100 = 171,100.

    Theses 171,100 EB Visas of 2008 will be split like, asuming USCIS is not using the availble 28,795 unused VISAS of AC21 below.


    (If USCIS decides to use some or all of 28,795 unused VISAS of AC21, then the available Employment Based VISAS of 2008 increases accordingly. )

    28.6 percent each EB1, EB2 and EB3. 48934 VISAS for Each Category.
    And 7.1 percent each EB4 and EB5. 12148 VISAS for the last two EB categories.


    So in 2008 the total Visas for EB1 and EB2 are 48934 + 48934 = 97868 plus unused EB4 and EB5 visas of 2008.



    The total EB5 Visas usage never crossed 824 in the past 10 years(Average Usage is 376/year).

    So there would be 11148 visas available for EB1 from EB5 (assuming 1,000 visas are used in EB5 which is highly impossible)

    The unused EB4 Visas may be couple of thousand or null, based on the past 10 years EB4 usage (7,223 is the average usage)

    Assume there are only 2,000 EB4 VISAS unused in 2008 (defenitely it would be more unused).

    So IN THE WORST CASE the total EB1 and EB2 Visas for 2008 are

    48934 + 48934 + 11,148 + 2,000 = 111,016


    IN THE BEST CASE, ASSUMING USCIS USES ALL 28,795 unused VISAS of AC21 FOR 2008 AND THERE WOULD BE 5,000 UNUSED EB4 VISAS, THE TOTAL EB1 AND EB2 VISAS FOR 2008 ARE GOING TO BE 111,016 +3,000(EB4)+ 2*(28,795/3) = 111,016 +3,000+19196 = 133,212



    Total (EB1+EB2) from 1998 to 2007 --> 35737, 23401 , 47821, 84222, 78484, 29859, 63825, 107328, 58871, 70859



    So IN THE WORST CASE the total (EB1+ EB2) Visas for 2008 are

    48934 + 48934 + 11,148 + 2,000 = 111,016



    IN THE BEST CASE, ASSUMING USCIS USES ALL 28,795 unused VISAS of AC21 FOR 2008 AND THERE WOULD BE 5,000 UNUSED EB4 VISAS, THE TOTAL EB1 AND EB2 VISAS FOR 2008 ARE GOING TO BE 111,016 +3,000(EB4)+ 2*(28,795/3) = 111,016 +3,000+19196 = 133,212



    ----------------------------------




    Type and class of admission 1998-- 1999-- 2000-- 2001-- 2002-- 2003-- 2004-- 2005-- 2006-- 2007


    Employment-based preferences 77,413-- 56,678-- 106,642--178,702--173,814--81,727--155,330--246,877--159,081--162,176

    First: Priority workers 21,375-- 14,844-- 27,566-- 41,672-- 34,168-- 14,453-- 31,291-- 64,731-- 36,960-- 26,697





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  • minimalist
    05-12 09:55 AM
    You can paint it with any emotion but it still is the fact.
    It is no diferent from the wat India dealt with extremism in Punjab.Until KPSGill stepped in,it kept raging. It is same as the way India trying to deal with Kashmir.

    I am a non-immigrant in USA,sure. If I try to demand and bear arms to get a separate country here,definitely my life will be in danger.Should I expect India to come to my rescue?




    Being a NRI in US, your conclusion is it is a SL issue, not a India issue. This is because you enjoy freedom, safety and opportunity in USA, even though you are just a non-immigrant in USA. Hope it will continue. If your job, safety, security, life becomes danger here, then do not get help from India or Indian consulate in USA; because it is a "US issue" as per your logic.



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  • ocpmachine
    06-11 09:33 PM
    Makes sense now. Peace.

    Dilip,i read your old post from 2003, indeed a roller coaster ride...remember good KARMA, you had tons of it man!!





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  • Pineapple
    12-14 05:10 PM
    I can understand your concerns.. and no, I do no resent your comment. I rather welcome a different viewpoint! IV, I emphatically maintain is made up ordinary people, like you and me, regardless of nationality and culture. I'm not a core member, but that, in itself, is the point - there is no top-down hierarchy, no "party line". IV is us. It is the very embodiment of the philosophy, "Of the people, by the people, and for the people" .

    If it were any different, I would not be here.

    That said, let me address your concerns. You (and anyone else) is free to disagree.

    Let us say all country quotas are removed. In that case, yes, you will see a majority of GCs going to people of Indian and Chinese extraction. But to say that the removal of country quota is going to disadvantage people of other countries is a mathematical fallacy.
    Let me explain it this way, using an analogy. Suppose you take part in a lotto game. The prizes (GC) are limited. Say there is only one prize and you have 100 participants. Also, further, let us say 80 are from California and 20 are from Pennsylvania.
    If you play the game several times, you will see that 80 % of the prizes go to people from California.
    But, that does not mean that you will improve your chances of winning if you move from Pennsylvania to California!!
    Your odds are exactly the same - 1 in 100.

    Removing country quotas would have the same consequence: If would actually give everyone a level playing field, and everyone would have the same shot at making the coveted quota of 140,000 EB GCs.

    But when you have quotas, the probabilities are severely distorted. Especially when you have arbitrary quotas. (Why 7 %? Why not 9 %? Why not 5.247 %?).
    In this case, if you are from India or China, you are seriously disadvantaged, while someone from a smaller country gets an unfair advantage. This is not complex political philosophy. It is school boy arithmetic.

    You see what I mean?

    When an Indian or Chinese asks for no country quotas, he/she is not asking for more.. He/she can no more control the wind as control where he/she is born. He/she is just asking to have a fair chance just as anyone else in the world. Why should he/she be penalized for being born in a big country?

    I hope you see what I mean.

    Anyway, the thread is about whether we can make a constitutionality argument in the court. The issue of "fairness" is quite settled as I explained above.

    I know what I am about to say will trigger a lot of reaction and some resentment, but it has to be said on behalf of those who are not Indian. I think the per country limit is to ensure that people of all nationalities and races have an equal opportunity to obtain a green card and to ensure that no one nationality, group, or even sector (i.e. IT) monopolizes the so few visas that are available. In fact, in the visa lottery, countries become excluded when the number of immigrants from them reach a certain point, so we are lucky they do not do that in the Employment-based system!

    I think that by wanting to remove the per country limit so more Indians can avail of the green card quota is both asking for "special treatment" and a slap in the face for all the non-Indian IV members. The more I read the threads on this site, the more I feel that this organization is geared just to one ethnic group. I am sure that Indians probably make up the majority of members, but the founders of IV (I hope) did not want this organization to become one-sided! Please be considerate of ALL members and try to come up with suggestions that would benefit ALL members!!!:mad:





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  • sands_14
    07-10 08:27 PM
    Well friends,
    I understand the things .
    My take is:
    I will stay another 2 years when i exhaust my full 6yrs H1B.If GC doesnt seem thru by then,I can then move back to INDIA and invest in a new venture.
    I dont find any need to go to Canada,Australia or Gulf.
    Anyways best of Luck to all Migratory BIRDS:) No PUN intended !!:)





    snathan
    01-24 05:31 PM
    If you think Memo is illegal why can't you file a lawsuit. That should be right way. But I did not see any suggestion from any lawyer. But when when July 2007 issue cropped most lawyers rushed to file lawsuit. Now no one even suggesting lawsuit except some members in IV. Either most are not interested or they think no legal basis to contest memo


    I have been observing JoeF's posts from different threads. I can say for sure he doesn't know what he is talking about. He is just another sadistic person like snram4 on this forum.

    For instance JoeF says "he saw it coming" in reference to this memo. But the fact is, this memo is ILLEGAL. It has no legal base. Please refer to Murthy's latest newsletter. However members on murthy forum as well as you spicy_guy, thinks that JoeF is "knowledgeable". I am surprised to see that people who are here in this country for long believes all the BS that JoeF says.

    I am not sure if this snram4 is sadist or outright idiot. When this thread started there were couple of people supporting this memo. Once they understood no longer they are supporting. Snram4 is the only guy still supporting and talking all nonsense.

    snram4...whatever may be the case whether people are going for law suit or not, You are not going to add any value. Why dont you simply go away rather than talking all nonsense and wasting everyone's time. No one is bothering you or stupid comments. So many people asked you to go away...why dont you consider that for GOD shake.





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    05-25 12:05 PM
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