Thursday, September 1, 2011

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  • she81
    07-03 06:44 PM
    Dugg both.

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  • alisa
    02-14 10:06 PM
    Very sad to hear about this.

    I don't know what else to say. I am sorry to hear that this happened.

    I'm sorry, I haven't monitored the web-site since my last posting.

    Today reality hit me very hard. I am in my late thirties and I haven't had much adversity in my life regarding financial, career, family, etc.

    However; today reality really hit me hard.

    One gentlemen, his name was Raja Pitchai. He had asked me to help him file his I-140 and ask for cross chargeability to his wife's place of birth (singapore). USCIS accepted his package and his 140 got approved in a couple of months. (his priority date; india became available one month later anyways (he was from india eb2).

    He was the one of the nicest guys I have talked to. Very courteous fellow.

    They couldn't approve his case because he was stuck in name check. Well, his wife called me today and told me that he passed away last week (brain tumor). He had two U.S. citizen children but him and his wife have no relatives here.

    She doesn't seem to be interested to stay here (she wouldn't be able to keep the greencard process going anyways because the death of the petitioner is automatic denial). She is leaving USA and was going through all the things she needs to wind up. I don't know if she would have stayed here if she got the greencard and I didn't want to task. Reality really him home today.

    I need a couple of days to get over this.

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  • nozerd
    05-11 09:41 AM
    pmt = payment

    Government sends you a check every month for each child you have.

    Here is an excellent calculator to estimate your Canadian income taxes.

    Canada has something called RRSP which works the same way as a 401 K plan. However in an RRSP you can actually withdraw funds without penalty upto 50% of your account for purchasing your fiorst home ( In US you can only take loan not wiothdrawl).

    Also Canada doesnt allow jopint filing of taxes for married couples. Each spouse has to individually file taxes per my understanding.

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  • z029556
    08-14 02:26 PM
    Hello Sir/Madam,

    Recently I have E-Filed for EAD renew and have sent all the supporting documents the following day. But I have recieved an RFE for the photos I haven't sent along with the documents and asked me submit 2 color passport photos. It was my understading that I don't have to send the photos while E-filing since they will be taken at the bio-metric appt. I am done with my bio-metric appt. Do i need to contact USCIS about this or is there any thing you can suggest me.


    p.s I have already responded to the RFE with 2 color photos.


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  • bestia
    02-14 01:03 PM
    Hi Bestia

    I see your PD is Aug 2004 for EB3 ROW, and U already filed I 485.
    I need some help: My PD is also Aug 2004, I'm in the EB3 ROW. When can I start filling I-485? The March VB says 01JAN2005. What is the last date I can file?
    Thanks 4 help.

    You can mail your I-485 on Feb 29. USCIS must receive it in March. I would suggest you to file your app ASAP in March, because you never know - dates might retrogress again.

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  • walking_dude
    02-14 09:37 AM
    hopefulgc - also make the commitments clear! Its not just sufficient to support ( as in moral support) the cause. Its important to participate in it.

    I think someone should change the Poll question to -

    Q) Do you commit to participate in a class action lawsuit against USCIS?

    1) Yes. I am willing to commit $500
    2) Yes. I'm willing to be a plaintiff ( full name and full contact info required)
    3) Yes. I'm willing to commit $500 and become a plaintiff as well
    4) No. I don't think it will work

    It will make it clear to everyone voting 'Yes' what's expected of them.

    hopefulgc - please dedicate some time and update your first post with more information on lawsuit, you may want to quote lazycis 's posts and other information.

    A lot of people may not be very knowledgable and may backoff when they see the word "lawsuit".

    Those who are saying YES on the poll - it is assumed that you will not backoff - if you have not yet updated your profile on IV - please update your complete profile - this will show that you can be counted on.


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  • BharatPremi
    12-13 01:22 PM
    Hello All,

    First and foremost, i must thank everyone from IV, who is working tirelessly to resolve the issues of retrogression in the GC process. As an affected individual I am very grateful that leaders of IV are ready to contribute so much effort for its goals. And even though I do not actively work for the IV agenda, I have contributed money to some IV action items.

    I have a question/suggestion regarding the IV agenda. On IV's about page, pt number 2 asserts amongst other things,
    The Discriminatory Per-Country Rationing of Green Cards That Exacerbates the Delays.

    and further in the same point

    We do not allow employers to discriminate hiring based on their nationality or country of origin. Therefore, the employment-based immigration, which is a derivative benefit of employment, should also be free from rationing based on nationality or country of birth.

    I am curious to know what is the "legal" strength of these assertions is. Are they just "moral" statements or can the validity of these statements be tested in the legal framework of this country? In other words, my question is what is the constitutionality of the "Per Country Caps" in Employment / Family Based Immrigration procedures.
    A lot of Laws and Statutes have been challenged in the Judicial System of USA. And many more are challenged every year. And if the laws are not constitutional then they can be repealed.

    I am sure the leaders of IV must have thought about this argument however a quick search of the forums with 'constitutionality' as the search term did not return any results.

    IV's efforts to utilize Lobbying to bring about change to alleviate/eliminate retrogression are certainly beneficial. However, if IV has not already considered and eliminated this legal argument, then it should explore whether there is any substance to this approach.

    Hence this post. Below are some of the links that might be relevant.

    wikipedia article on constitutionality (
    wikipedia category on US immigration case law ( ion_case_law)

    thanks and sincerely,


    I am not a lawyer. Here is my understanding as a lay man:

    What is constitution?

    A: At some point of time, group of people, with having confidence from
    majority of people, with a centralizing tone of some common
    philosophy/ethics, create the framework of regulations with a goal to make
    society orderely, to make sure that common good of people remains
    prevalent and maintained and assures the penalty for deed done agianst
    common good and breaking the common order of the society. Wise ones,
    accepting the limit of individual capabilities, understanding the different
    needs of the society at different time, keep windows opened to improve
    the "base" constitution with making sure all checks and balances do not
    allow the misuse and hecnce the word "Amendment/s" have the existence.

    Now there has to be some base ground when base consitution is prepared.
    What that could be? During the process of human evolution, with accumulated experience of centuries, human societies have established some common practices which we now name "Ethics" and amazingly many are similar across many culture. For example, Burglary is considered crime in each and every society without any question or difference. Why?.. I do not like somebody snatches away my chain as in my mind I have established my ownership to that chain. You also do not like it somebody snatches away your car.If there are only two humans on earth, things might have been simpler considering one is burglar of those two. But here in society now every body has to establish the proof that s/he is aowner of something and somebody else snatches that away then it is not good. So wise ones decided (to keep
    controlled and organized society) made a rule : "From today we will call the act of snatching something away from somebody an act of crime if the person can prove that s/he is the original owner of that thing and let's call that person a "burglar" because he snatched away the thing" Now it was suited to everybody because it was protecting their belonging so that was established as "Ethics" and stories of "criminal behaviour"were created by every society for snatching away the thing from somebody. That make every human understand the fact that snatching away is bad thing
    (if done openly:), If lawyer snatches away big money from your pocket .. no it is not a crime or that matter USCIS... just kidding :))

    Now making story short, after 200/300 years of evolution, USA has legally decided to push the "Ethics" of employment: "Equivalent Oppertunity to all Citizens without race, creed, color, country of origin" and "Skill is the criteria of an employment" Now when these ethical and progressive principals are already implemented for common good of citizens, it should be implemented for foreign labor (non immigrants/immigrants).

    Can we "constitutionally" label some person that, hey you will be called burglar if you snatches thing away from US born person but you will not be called burglar if you snatches away the thing from pakistani or Sweedish or Chiense who has just arrived in this country?

    So bootmline: If at all constitution is permitting "per country based ceilings" then
    we will have to fight to change that because it is not right.

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  • rb_248
    07-21 12:12 PM
    I hate their scheming means to rope you in. They keep calling you and bug you to death. Is there anything that you could do to repel Amway desis? Any sprays, creams, poison?


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  • masterji
    09-24 12:37 AM
    By Septemebre 2010, EB3-india wll be in the mid of 2002.
    Do you think EB-2 India will cross 2005 by Sept. 2010? Thanks.

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  • JazzByTheBay
    05-04 02:41 AM
    This discussion is way off topic for this forum.

    A nation has responsibility (to the extent possible in case of those not residing within its borders) for protecting its citizens.

    Once you give up the citizenship of your country of origin, your allegiance, and therefore the expectation of "protection", should be towards and from the country of your citizenship, not from a "foreign government".


    Tomorrow if we or our generations are getting killed in the US, would you say the same thing. Now do you understand why the country needs to care about its people no matter where they are.


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  • bestia
    02-13 11:44 PM
    What rights did the Natives have in the 18th and 19th centuries when Europeans invaded their lands, and massacred most of them? Did they respectfully ask the Natives if they could immigrate? No? They walked in as if they owned this land. As a Canadian, I'm ashamed to say that this happened in my country too.

    That's an old story. The answer is: "if someone commits a crime, it doesn't give you right to commit crime".

    Why not go back and say "Well, Homo Sapiens themselves 150,000 years ago migrated to Europe from Africa and exterminated native Neanderthals. So why don't we just go and exterminate Europeans today and take Europe?"

    If it wouldn't be Europeans, there wouldn't be technological advanced United States and we wouldn't want immigrate here. We are not migrating to Kongo or Sierra Leone, don't we?

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  • ramus
    06-28 08:48 PM
    There is difference... We didn't spend any money after June VB but everybody spent minimum $500 after July VB...

    If they don't accept application then USCIS made govt = 500* 100,00= $ 5000000.

    Nothing will come out of it.

    Whats the difference between God and USCIS?
    Atleast God doesn't think that He is USCIS.

    So, relax.
    In the worst case scenario, we will be no better off in July than we are in June.


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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.


    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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  • ksiddaba
    07-04 11:46 AM

    Please forward by email using the link on the right of the button. Let's try to get this in the most emailed list at NYT. Surely give us exposure.


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  • gjoe
    02-16 11:26 PM
    If you want to use AC21 and your current employer is playing dirty tricks like withholding you pay without any legal reason or trying to arm twist you into staying with him please try this following you would win without fail.

    1) Try to negotiate with your employer and make sure you don't compromise on your paid leave balance, last few paychecks and experience letter.
    2) If he is trying to scam you out of as much money as possible before you leave try to preserver all the written communication you had with him to recover your money.
    3) With all that paper work you have enough ammo to get all the money back and shut your bloodsucking employer.
    4) Call the sucker and tell him that you are sending a letter to the USCIS with CC to the president, congressman of your district and your state senator regarding your problem. Add in a couple of news agency names on the CC list just for kicks

    You can never go wrong with this plan, you will get your money back within a few days.

    BTW you can request USCIS to expedite your I485 and quote these kind of employer exploitation as a hardship. ( I never tried this part, who knows you might get your GC ahead of others) I don't know of anyone who has used this successfuly, if you try it please share your experience.

    The plan to get your money works, I have personally tried it. I didn't even send any letters. I just explained him that I will not lose anything even if my GC is denied but the sucker will end up with lots of trouble with USCIS.

    I was trying to build a case to fight ( in the court if required) the sucker but he backed off.

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  • Desertfox
    02-13 01:30 PM
    But we also have members making $30K fundraising effort successful in 7 days! Hence I believe if the IV core decides to explore the possibility of a lawsuit, we can raise enough money to hire an attorney for that.

    Amit, noble thoughts. But that's not how majority of IV members think. We have members who think $50 contribution per month is too much. There is considerable opposition to making IV a paid forum (with even nominal fees of $10 or $20).

    Do you think we can get 500 members ready to contribute $500 here? Create a poll on this and see, you'll be lucky if you get 20! Like Jefferson said "those who prefer convenience over freedom and liberty, deserve neither". We are bound to suffer since we aren't ready to act.


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  • Marphad
    03-27 11:58 AM
    Hey this is not fair! Someone updated poll options.

    Anyways, not a problem. Just teach me how to do it please.

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  • srikondoji
    06-26 12:19 PM
    the USCIS may retrogress the dates mid month due to heavy load of applications in july.
    However my lawyer just confirmed that
    It is not possible for visa numbers to retrogress mid-month.

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  • sbabunle
    08-03 03:22 PM
    Here is the link
    on more abt substitution

    08-02 03:46 PM
    How does one check the comments left along with red and green dots?

    I guess PM, correct me guys if I'm wrong

    01-13 05:24 PM
    "Q: What happens if I am filing a petition requesting a �Continuation of previously approved employment without change� or �Change in previously approved employment� and an extension of stay for the beneficiary in H-1B classification, but I did not maintain a valid employer-employee relationship with the beneficiary during the validity of the previous petition?

    A: Your extension petition will be denied if USCIS determines that you did not maintain a valid employer-employee relationship with the beneficiary throughout the validity period of the previous petition. The only exception is if there is a compelling reason to approve the new petition (e.g. you are able to demonstrate that you did not meet all of the terms and conditions through no fault of your own). Such exceptions would be limited and made on a case-by-case basis."

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