الأحد، 3 يوليو 2011

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  • waitnwatch
    08-05 03:13 PM
    It is not the Law. It is just a guidance provide in one 2000 Memo by a USCIS director.

    Wondering whether the post bachelor 5 year experience for EB2 was also a memo. If so when was that memo written - before or after the Yates 2000 memo?




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  • rajeshiv
    07-10 01:04 PM
    That's correct spelling mistakes, etc., can be corrected if you go back to the port of entry who generated the I-94 card.

    I 102 is more for replacement of an I-94 card.

    However; POE entering you on a wrong companies h-1b isn't so easily correctible after the fact.

    In situations such as this; it is better to go back out and re-enter with proper company h-1b.

    In May and June before people were getting ready to file the 485's a lot of these issues were found in reviewing their files/history. Many people had their visas expired and they didn't want to go for visa stamping. What many people did was go to Canada and use auto revalidation and then re-enter USA on the proper companies h-1b and/or get a new I-94 card and also reset the 245k benefit since it is measured from the date of last entry to filing the 485.

    Hello United Nations..

    After looking into above message...I have some doubts, could you please clarify them.

    1. In order to file 485, the person must have a valid visa in his passport?
    In my case I have a valid I 94 but my visa got expired 2 months back, Am I eligible to file 485?

    2. What is auto revalidation?

    I appreciate for your answers.

    Thanks
    RR




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  • sk2006
    06-05 12:27 PM
    Buying a house would be a BIG Mistake right now..

    Sub-Prime losses we have been hearing in main stream media is just the begining.
    Wait until 2010 when Alt-A and ARMs taken in 2005/6 start resetting.
    It will be a big mess.


    and

    NEVER LISTEN TO REAL ESTATE AGENT'S ADVICE!




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  • chanduv23
    03-26 04:35 PM
    I know that many people don't like it when their companies revoke I-140. They are not under any legal obligation to do so once the 140 is approved.

    However; to protect all the people who are still there then they should revoke the 140 for people who have left so there is less burden to prove ability to pay in case uscis adds up all cases together. I work on a lot of these cases and they are pretty complicated to solve.

    There was a case which we termed "baltimore" (mainly because it was decided by baltimore local office); essentially AAO said that a person can use ac21 within the same company (ie., for another job, another work location, etc.). That opened the door which some smart ass employers started to exploit. If one of their employees was eligible for ac21 they justified it by revoking 140 (even though person is still workin with them) and doing labor substitution for another candidate by thinking that first person is protected and i can use it for second person.

    From a purety point of view; in your scenario since there is no labor substitution then it shouldn't be a problem; however, in pre labor substitution days if you went back to work for the company in ac21 and they used the labor for someone else then it would pose some challenges.

    UN - As you are also a beneficiary of AC21 - what is your take on wrongful denials of 485 for AC21 cases that need to be resolved by MTR? Is it a training issue?



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  • gc4me
    12-17 03:57 PM
    Is it 200 not 2000 :D

    People like Antulay are real traitors of India. Who know they may be taking instructions from Pakistan ISI? Such people go unpunish is the main reason India was slave for 2000 years.




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  • rockstart
    07-14 08:29 PM
    I agree, does anybody have a link to the policy of how spill over of visa numbers works?

    Still better abolish Eb1/ Eb2/ Eb3 when there is no EBx in H1 then why EBx in GC? come on guys stratification on EB is reality along with preference order set by CIS. What is stopping eb3 guys from moving to eb2?



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  • diptam
    08-05 02:15 PM
    You are probably talking about a thin % of peoples - this is a lame argument for most of the Eb3 folks who can and want to port to Eb2 legally.

    Let me give you my case. I was eligible for both EB2 and EB3 when my GC labor was filed - my employer filed it in EB3 because the queue is longer and i remain with them for longer duration. I had about 390 days of H clock left so arguing with that employer and finding another one was also not an option because for getting H extension beyond 6 yrs needs the GC labor to be more than 365 days old.

    By the way I've seen the horrors of Labor Sub , I've suffered BEC cold storages for years,now I'm struggling with my Eb3 140 for 15 months at NSC and after all that if i port to EB2 and get my 485 quickly - what Problem you have or what's wrong in that ?

    Good points, but let me put a counter argument. Two people , one is named SunnySurya and the other is named Mr XYZ. Both came to the USA at the same time in 1999. The difference was SunnySurya came here for his masters and the other guy came here through shady means.

    Mr XYZ was able to file his green card in 2002 in EB3 category based on his shady arrangements with his employer, whereas Mr SunnySurya continued to do right and socially acceptable things i.e. studied, got a job and then after several years this big company filled his green card in EB2 category in 2006.

    On the other hand after strugling for several years Mr. XYZ has collected enough years on his resume to be elligible for EB2. Now he want to port his PD

    SunnySurya's PD is 2006 and Mr. XYZ PD is 2002. Now if Mr. XYZ want to stand in EB2 line, I wonder what problems SunnySurya can have???:confused:




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  • amitga
    04-07 05:06 PM
    What kind of employee/employer will be eligible for H1 if this bill gets passed? or there will not be a single person who will be able to get H1 under this law.



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  • validIV
    06-26 10:20 AM
    Renting is not throwing money away..why ? for one - you get a place to stay, flexibility, maintenance / property tax paid by property owner, you can rent closer to your work and move around as per needs etc etc.. housing has its own benefits (but renting has its own too .."it is not as easy as saying renting is throwing money away" ..I have been asked to write about this in detail in the IV wiki ..will post a link here later

    ok if its not throwing money away, how do you get the money back you spent on renting? Nothing you said above answers that question.




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  • enqueued
    03-22 11:39 PM
    IMHO - go buy a house. We cannot freeze our lives for green card.

    I bought one in the first year of my H1. I changed it last year. I am in the 9th year now. It is the *only* sensible investment I made.

    Cheers.



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  • Rayyan
    01-07 10:44 AM
    For all the people on this forum rather on this topic, who think that they are human , professionals, broad-minded ,highly educated .
    I just have on word for all you
    PATHETIC!!!!!!!!!!
    Now before you all start hammering me :cool:, I don't belong to any religion, I am a HUMAN BEing unlike you all (inculding new_refugee):mad:




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  • 485Mbe4001
    09-30 03:01 PM
    He had proposed a very harsh H1b revamp and a total revamp of the L1 visa system.
    for example companies hiring H1 would have had to certify and attest that multiple american candidates were interviewed for the poisition. The prevailing wage had to be the highest of three measures (i forget which 3). Transfers were limited or restricted. On the other hand the Dream act simply gave citizenship to any illegal attending high school. The Senator talks about humane immigration and i agree to a certain extent but it should be humane for legals too.


    Yes, you are right, the recent 485 denials for people using AC-21 have nothing to do with Obama/Durbin immigtaion policy. But I kind of remember there were some harsh provisions for people using AC 21 in CIR 2007 version. I am trying to find out the details about it.
    Correct me if I am wrong.



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  • logiclife
    05-31 06:18 PM
    Tucker Carlson(Yeah, the one who was mocked by Jon Stewart and eventually was scrapped from CNN's crossfire) is next in the recruitment line for Fox News.

    For a job at Fox I think Tucker and Lou pretty much are competing. Both think that immigrants are the cause of deficit and all the economic crisis(if such a thing exists today). However, I am sure both love their houses built by illegals, the lettuce picked by illegals.

    Lou Dobbs is along the lines of Pat Buchanan. He would rather insulate the United States from the rest of the world and isolate. Against immigration, against outsourcing, against free-trade. Sort of like built a huge Igloo around the country so that the immigrants dont plunder the wealth and property that Lou has created with his bare hands.




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  • shuyaib
    12-22 09:28 PM
    Its a known tendency of hindu groups of radicalizing muslims, so much so that Jinnah took into consideration and formed pakistan.

    Still the hindus will target an abominal act of 11 people and make a community of muslims, a country victim of their acts.

    Yet, even if a hindu preaches infanticide of girls, he is not terrorist, a hindu scripture preaching burning alive of widows is not terrorist doctrine, a mythical god preaching murder of low caste for chanting holy rhymes is not a terrorist! Hail Ram!

    India could fight british militantly under Subhash Chandra, and under Gandhi, and that is fight for freedom, yet Palestinians fighting for free country is terrorism! Will the Aryans return the land to Dravidians now?



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  • ItIsNotFunny
    01-06 01:19 PM
    If this forum is strictly for immigration, then we wouldn't have allowed members to discuss anything other than immigration.

    But IV allowed its members to discuss, degrade, humiliate muslims and Islam. Why didn't they stop it then?
    I don't believe anyone directly condemns Muslims and Islam. Everyone has a great respect for the religion and its followers. The problem starts when one person condemns terrorists and other takes it on Islam. I hope you believe they are not related, then why some people react such way.




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  • pappu
    07-14 09:27 PM
    Guys,

    Draft of this letter itself is an invitation for the investigation into Labor certification process for the individual who are suggesting they were qualified as EB-2, but their attorneys or HR reps told them to file under EB-3.

    Entire LC process is certified under the assumption that the employer in good faith has tried to hire US citizen and since he couldnt find a qualified US citizen for a that Job position, the employer is hiring an alien ( foreign national).

    I am not supporting this petition, even though i am a victim of the backlog centres and my labor took 4+ years for approval.

    We should all support IV's initiative for recapturing of wasted VISA numbers from the past years.

    Fighting among indian EB-2 and EB-3 is useless and it defeats the purpose of IV unity.

    IV seniours should immediately intervene in this matter and stop further discussions on this useless petition which doesnt have any legal standings and in itself is an invitation from DoL and USCIS to investigate the individuals who signed the petition and messed up their immigration process.

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

    PD: India EB-3 June 03.
    I-485 filed in Aug 2007 at NSC.

    awaiting I-485 approval...which will be 2-3 yrs down the road, if no relief from US congress.

    Right now enjoying the freedom using EAD.

    I have my disagreements with the letter content and have let it known in my posts on the thread.

    Pani you are an old IV member with IV experience and I trust that you would give second thoughts based on my comments.



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  • setpit_gc
    08-05 04:23 PM
    Rolling Food,

    Don't waste your money and energy. You will fail if you go with this idea.

    Try it out if you can.

    BTW, I am in the process of porting my PD and category.




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  • Mahatma
    10-02 09:10 AM
    Dear Ivians,


    I have not read all the mails. However, I want to express very naive thoughts (without a reading bias from previous mails) for now. I might reconsider some notions by the weekend until I am satisfied.

    I have studied Obama, CIR and immigrants plights all these years. Here is what I think could be positive:

    Obama is the kind of leader whao gets at the bottom the issues and tries to do the right thing (Watch Clinton's Florida speech, Oct 01, 2008 as to why he likes Obama!). He has the leadership skills and the strength of character to sway enough votes for any legislation including CIR. To me, so far he has shown Lincolnian charm. He is a serious guy who wants to do the right thing.

    He would try to balance middle class american families and unemployment situation. When close to half a millions jobs are lost, it is illconceivable for anybody to push for immigration reform eventhough we may be on the right side of justice and victim of broken system.

    There may be some tough situations for immigrants such as less outsourcing, american worker priority and other programs to promote STEM within the company. However, he will be the person to stand up for plights of tech workers. He understands the need and benefits of tech-immigration. As far as I know, his voting for H1 and CIR has been positive. It will be Obama and not someone elase whao will decide the policy. Durbin might tie the loose ends.

    My feeling is this: Let us trust this man. Explain to him through IV and any other channels our problems and how it impacts present and future of America. If we could successfully argue (by all pure means) for a "A business model where tech-immigrants bring benefits and rate of returns in a much higher and assured fashion than the stock market", we could win this debate.

    We are dealing with reasonable, smart and patriotic people. We need to continue to explore better methods to effectively communicate and win the deal. It is all about intellectual exercise to win a deal....

    It is always prudent to have back up plans, however, it should not distract us too much.

    haven't we agreed that GC is only worth so much and we do not want to have our life hostage to GC. At the same time, timely GC status gives better control of our career and discharging our family obliations. Sooner is better. However, we could do only so much.

    Let us continue to do our best and hopefully with a new administration, we would learn new equations.

    I trust in the ability of IV and IV-sympathetic constituencies to bring us deserved reward and recognition sooner rather than later.

    Staying positive, continuing to learn (lobbying and swaying), adapting to the environment (what are the business needs of main street and wall street and how leaders perceive those) and doing our best (use best of our minds and achess game of life.....a special gift of God to Indians and others) and learn to be happy.

    Remember, this is the first stroke of my pen.... I might revisit and reconsider some thoughts based on what most others are thinking.




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  • nc14
    03-22 12:43 PM
    My PD is May 2004 in the same category. I think you should have also got your EAD (which gives the safety net). I bought my house in September last year and got a hefty discount from the builder (State - OH). I think, its a buyers market, if you have some stability at your job and if you also have the EAD than it is time to take the plunge.

    No doubt, It's a good time to buy (but also depends on where you are located). FYI, I bought a new house in a community which was getting completed and got if for a good price. The good thing about something like this is that since the community is over now, the builder is not competing with the existing home owners for the same buyer.


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    my greencard is filed under EB3 category and it looks like a long wait. My PD is 2003 Nov and i am an indian. We've been debating whether to buy a house when 485 is pending. what is the risk involved? how many people are in a similar situation? I have twin boys and they are 3 yrs old now and it's getting increasingly difficult to keep them in an apartment. Now with housing market going down as well, we are in a tight spot and have to make a decision quickly. I would appreciate any suggestion in this regard.




    pappu
    07-14 09:35 AM
    [Eb-3-I is also participating in calling and contributing..]

    [For people suggesting that the letter is weak..could you give an idea as the what written in letter would work..]
    [This statement is not entirely true...Lawyers have DOL/USICS contacts] and acts in a way that the application will get approved ...most times looking at the trend and talking to DOL contacts and adjudicators...]


    Some answers to your questions:
    - Due to visa wastage and pressure from several corners, DOS is trying its best to avoid any wastage this year. We should feel happy that this is happening. Now EB2 is getting benefit because, they are getting spillover from EB1 and EB2ROW. The last bulletin clarified it as there was confusion on how this allocation happens. If EB3 has to benefit from it, then EB2 needs to get current to get the spillover. I do not see that happening for a long time for EB3 India as a lot of people must be in the queue for EB2India. Thus this may not be the best approach for EB3 India.

    If you write a letter asking for dates to move for EB3, that will not work. If you write a letter saying you are waiting for long and you should get greencards, my guess is the response will be that there are so few visas and so many applicants. Refer to the recent sub-committee hearing on visa wastage and backlogs and you will get answers.

    - Lawyers cannot influence any decision through their contacts as they may have claimed to you/you got that impression (If at all they have any and if they say, then they must be reported because they cannot do it. In my opinion they cannot 'use contacts' to get decisions in their favor). If you have that impression that it is incorrect and illegal. If any lawyer has told you that, then he must be reported.

    If any lawyer has told that DOL had asked labor to be filed in EB3 instead of EB2, then I have not seen any such communication from DOL. Ask your lawyer to produce that for you or ask him to give this to you in writing. I do not recollect that kind of news. Laws were not changed even if there was recession in 2001-2003. If you think the lawyer has misled you, you must take action against your lawyer. But I do not believe DOL asked people to file in EB3 instead of EB2. If that was the case then we need a proof and IV should look into that.

    - IV had anticipated the difficulty in getting legislation this year. Thus we had started the admin fix campaign early this year and had been pushing for it real hard. However we could only get 4K letters from a 30K membership. A lot of them were anonymous. We are still deadlocked on the 3 Lofgren bills. Only 179 people made the calls from IV in the last 1.5 months.

    So the solution is there but we need to get massive participation first. People can certainly write to the administration as in the admin fix campaign, but the question is can be have massive participation.
    We all really need to brainstorm and come up with an idea that will ensure massive participation and present compelling reasons for administration or lawmakers to act. If you think letter is the best option then get the active members involved in reviewing and revising the draft before you start a campaign. Make a really strong case. IV will welcome anyone leading an effort and working on it aggressively.




    nojoke
    04-15 04:31 PM
    We are mixing too many different aspects of home buying and creating confusion.

    We buy homes, when we have clearly done our home work and know we can afford what we are buying and our incomes are expected to be reasonably stable. Everyone knows this and no one is arguing against the above logic.

    The points of contention were home life vs. apt life, and home as a home vs. home as an investment. I got into this thread to point out how some people are so obsessed about resale value that to them a home is nothing more than a piece of investment which should appreciate with time and be sold off.
    But these topics appear to be rubbing some people the wrong way as they are hurt to discover that there exist people who do not think the way they do. For that reason, I will lay off this topic.

    That is not why we are debating. We are saying that the house values will fall down further, so save some money by buying low. Ofcourse if you were to sell immediately you would loose a lot. We are not advocating to look for profits when you sell your house.



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