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  • iv_only_hope
    08-15 04:58 PM
    Friends I need an opinion regarding my wifes situation. She is currently on H4. She was on H1B before some time back which she had stamped in India itself. That H1B expired. She moved back to India. After 5 years now she applied for new H1B and got it in the quota. When the dates advanced we applied for her EAD. We were hoping to get it in 60-70 days. Now its been 75 days at TSC and no signs of approval. She had job offer based on EAD since we thought might as well use that. Now we are thinking she should get her H1B stamped because we dont know when her EAD will get approved. For that do you think going to Canada for stamping is safe. She has a Bachelors degree from India. Or do you think going to India only is thesafe option. Mainly I asked was I did some search and found out that its safest in Canada if you have US/Canadian Degree. Is that true or I am wrong and its safe for everyone. Thanks.
    Amar





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  • Marphad
    03-17 03:21 PM
    Thanks for inputs in the forums.

    EB3-India cannot be discriminated.
    Anyone in EB3 after 2-3 years waiting is qualified under EB2-I. And we see people waiting for much more. How can we be discriminated then. We have to do something.

    We are able to get very good number of people with like minds in Edison, NJ and other big cities with big concentration. We are planning to start a drive against this discrimination, in about 2-3 weeks from now. We would like to write to the honorable policitians and processing centers like Texas and others and to USCIS to treat all fairly.

    1. EB3 India cannot be treated unfairly, wheras EB3-China is much ahead. Why is this.
    2. EB2-India is Feb 2004, wheras EB3 India is Nov 2001 for many years. Why is this.
    3. Why are allowing family immigration when skilled immigrants are waiting.
    4. Why should greencards be counted head-wise, whereas H visas are not.
    5. On the whole, why backlogs and punishing us.

    These are the lines in which our group plan to drive this.,send more ideas.

    For this we need money and more impo'ly efforts, so please contribute smartly as we request below.
    We have teams in all major software hubs like NJ, DC, Livermore, CA, TX, Detroit, and and will need volunteers. We will soon come up with a yahoogroup to communicate.

    We plan to send 10,000 letters and other awareness programs letters to the concerned people.
    We plan to have our small booths in temples where many people will come.
    We will print all the letters, you just need to buy the stamp from us and mail it.
    Or give us an envelope with the 42c stamp. We need about 5-10 from you all.. So its will be $5.00 per head. That way there will be no quesiton of transparency. But if you want to donate more, you are welcome, instead we will prefer you put your efforts in creating strenghr and pass the word.
    We cannot keep quite like this. There is no reason why EB3-India will move forward in current situations and with current rules.
    We know EB2 will be upset, but based on your contribution, we can fight together, else we will go alone. EB3 is big enough to go by itself.

    We plan to wear white dress with white caps.. for peace.. So we can be easily spotted. Give us a envelopes and stamps.. or we will give you addresses to send and the document.. As you wish...Or buy the stamps from us and take the printed content from us in free envelopes.

    We want to do this as IV right?

    Sorry for my ignorance but just curious, why exactly this guy is banned?





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  • sanjay
    08-05 09:58 AM
    what a timeless masterpiece!!!
    gives me goosebumps everytime i listen to this!!!

    Couldnt agree with you more - absolute magic from ghalib

    Lot many people had sung Ghalib before but nothing can be matched with voice of Jagjit Singh from TV serial Mirza Ghalib. The ghazals CD from that serial is my most adored collection, and I hope you are all referring to those Ghazals.

    As Ashok said - Timeless Masterpiece.





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  • Legal
    06-12 02:00 PM
    This is my thought process (also referred by Ron G):


    July 2007 brought in approximately 500K 485 cases.

    We do not know how many cases were pending as of June 2007.

    Fiscal year 2007-2008 USCIS used over 140K EB VISA numbers (I think it was around 155K).
    Fiscal year 2008-2009 USCIS will use atleast 140K EB VISA numbers

    so, 500K - 300K = 200K.

    Assuming USICS approval rate is 85%; 75K of 500K are denied.

    200K - 75K = 125K EB cases pending from the July 2007 cases.

    Additions: from all current categories - may be 25 K in 2 years?

    So, 150 K plus whatever that was pending as of June 2007.

    So next fiscal year, 2009 if USCIS uses the quota 140 K, most or all of the 2007 filings will be cleared. If not EB3 I, definitely EB2 I and C, EB3 ROW will be cleared.

    Depending on new filings, EB3 I might retrogress but retrogression might come within 3-4 years instead of current 8 years.

    I strongly believe, beginning Jan 2010, dates for EB2 (I and C) will move forward heaps and bounds followed by EB3 ROW.

    "Law is an ass".

    One potential loophole (I realize it could be wishful thinking on our part) is how the current law is interpreted. Let's say USCIS interprets the current law in such way that preadjudcated cases have to be approved before taking in new cases, then the country cap hurdle could be overcome without legislation.

    With the current economic situation, tightening of PERM, etc new EB-2 row applications are likely to slow down further. At the most, new approvals will have to be delayed by 12 months or less.

    Could it be legally challenged? Could someone bring a lawsuit to force USCIS to stop issuing GCs to people who have been waiting 10+ yrs or more? possible. I doubt anyone can force them to cancel the already issued GCs.

    Then USCIS could say they have enough preadjudicated cases, and are not able to adjudicate until they clear the backlog.;)

    For the politicians and USCIS this is a much better way to handle India EB backlog than to "issue several hudred thousands of foreign laborers immigrant visas when American citizens are losing jobs in millions" through recapture bill.

    I feel like I just wrote a short story.:)

    Members, feel free to comment.



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  • ganguteli
    07-02 12:33 PM
    To make an impact, we need in the order of 50,000 to 100,000 letters with their personal US address on it. Anything less doesn't hold any water..
    Are you kidding me. Nobody will write personal address on a letter. Even if they write one, it will be a fake address. and forget 50-100 thousand letters. Even IV members are not that many. Have you ever wondered where all the applicants are when we say there are 500 thousand or 1 million backlog?





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  • Munna Bhai
    08-15 07:49 PM
    There are limits to everything - and to worries too. Of course you don't want to be taking meaningless risks, but to live like a chicken is not an option either. But this is more philosophical, here is my question.

    USCIS may send RFEs for whatever and whoever they think it's reasonable. They can investigate and reinvestigate and GC holders and citizens, it's their job. Now tell me. How many you know of GC holders who got denied their citizenships because they just threw away their W2s? How many GCs were actually revoked and people were deported because USCIS investigated company and found out that most of the employees were H1b?

    Here is case of my cousin, he had his GC for many years, his wife and kids got citizenships. He didn't because he didn't accrue his 5 years in the US. He felt that he would be more successful in his home country. So he had business over there and was traveling back and forth to/from US. Once, at airport the immigration officer asked why he was traveling so much? He honestly answered "i'm doing business abroad". What do you think? INS officer initiated investigation and put him on deportation. Reason? "Absence of immigration intent!!!!". The case was quickly dismissed by immigration judge. My cousin was telling me how angry the judge was at prosecutors, he told them not to waste tax money like this anymore. So... what would be the right choice for him? Taking risk and making money (now he has a $1M house in LA) or be "careful" and live in some crappy hollywood apartment until his citizenship?


    Very well answered Bestia, I would live like a loin then like chicken, enough of this life...EAD,AC21 is enough for me.



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  • krish2005
    04-03 11:27 PM
    At least it relieves some tensions when we do the predictions. These are vents for those who have been in the queue long time waiting for the Golden card (GC). Well, some of them would be sore on the looonnnng process.

    We know that the relief is short lived once the bulletin come out.

    Same things have been circling on and off.

    Why should'nt EB3 move? EB2 alone need not move. The more things move in the immigration front, the more we could expect that they are trying to support the program than bust it.

    Hopes alive.

    Krish





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  • mantric
    06-29 02:56 AM
    bluez25,
    thanks for the detailed post.
    a question: after 140 approval, does the service center notify you of the approval and send you a copy, or do you only hear next from the NVC ? I'm waiting on my 140/CP filing for the last two weeks and getting a little anxious. Also when can one call up the NVC to confirm that they've received the file ? thanks a lot.

    ----
    QUOTE=bluez25]Guys,

    There seems to be little outdated information on this forum.

    1. We can not apply for the medicals if you have opted for the CP. You have to do medicals only in the place where your case will be transfered from NVC.
    example: If your case is transferred to Chennai consulate. you have to do your medicals in chennai from the list of doctors they provide.

    2. Once your I 140 gets approved, your application will be transferred to the NVC for further processing if you opted for the CP.

    3. Once NVC receives the approved 140 it will then notify the attorney or yourself with Fee bills to be paid.

    4. Once you send the cachiers check for the CP processing, NVC receives the same and send the Packet 3 which is the FORM DS 230 Part 1 to the attorney of records.

    5. Once you receive the DS 230 Part 1, you will have to fill that and send it back to NVC.

    6. NVC complets the proccessing and will keep the file at NVC until the Priority dates become current.

    7. Once it becomes current, NVC forwards the case to the respective consulate for further processing and scheduling of appointments.

    8. once the consulate receives the same depending on their appoinment schedule will schedule an appoinment and will go on from there.... issuing the visa..

    With Respect to me...

    My 140 got approved in jan 2007,
    sent to NVC in march
    NVC sent the fee bill in April
    Sent the bills back to NVC in April.
    Received packet 3 DS 230 part 1 in May 2007
    sent the filled out form in May 2007,
    NVC forwarded the case to chennai consulate on June 5th
    Waiting to get any news from chennai consulate.....

    Hope this clarifies every one in this forum[/QUOTE]



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  • miththoo
    11-08 12:52 PM
    I have an nre repatriable demat acct thru icici - it took all of 5 mnths and over 30 calls to cust svc to get the acct opened. The acct was mainly for utilizing the indian stock opts given by employer. You can trade as an NRI but online trading is not available for US residents on nre demat accts - u can however trade thru a broker like sharekhan etc.

    All dividends are credited only to your NRE savings a/c - not to regular savings a/c. Any stock sale requires an authorization number which the broker can provide. Taxes on capital gains must be paid only if you sell within a year of purchase - the percentage is the same as for Indian citizens. There is no tax on long term cap gains

    Since we do not have any taxable income in India, and many NRIs make charitable contributions regularly, the tax liabilities are usually not very high

    Also there is a very informative section on sify.com for NRI taxation. You are not required to file any tax returns if you are in NRI status and are within the exemption limits.


    Thanks Ramaonline.
    Which broker do you use to do the online trading ?





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  • k2006
    08-18 02:37 PM
    Hi,

    My EAD renewal was filed in TSC in the middle of June. Now it is more than 2 months I haven't heard anything from them. I wonder do they request for FP during EAD renewal ? When I applied for EAD first time in 2007 there was no request for FP and the EAD was approved without FP. But I have seen several posts where folks mentioned that they have got FP notification after they filed their EAD renewal. I have done one FP beginning of 2008 as part of my AOS filed on July 2, 2007. So, I wonder do I receive another FP notification as part of my EAD renewal or USCIS can use my existing FP (they may have in their system) ?

    Thanks



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  • hebron
    07-01 10:27 AM
    Obama speech here..
    CNN.com Live (http://www.cnn.com/video/flashLive/live.html?stream=stream1&hpt=T1)



    Phew... he just mentioned legal immigration and the huge backlogs, high fees etc..
    What a relief!! :)





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  • gauravster
    01-15 11:38 AM
    In times like these, we should look at the employment generation capabilities of the skilled immigrants. The argument that skilled labor would take US jobs and increase unemployment does not hold as those with 5+ years experience in the US in a skilled position are very likely to start new business, have career in new fields at managerial positions, buy a house, etc which will in itself be a huge stimulus to the economy.

    The same cannot be said about unskilled labor though.

    Yoda says:

    Bill hard to be approved that it is.

    Unemployment rising for Americans rapidly it is. Tough to let more immigrants like us get jobs from Americans. Obama try he will.

    Be the Force be with you. IV contribute more should you.



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  • aadimanav
    07-14 03:20 PM
    Friends,

    Campaign to recapture wasted green cards is LIVE now. Please download the attached Petition. Enter your info using Pen (instead of typing it).

    Mail + Email + Fax at least to two senators of your State and your local representative. I would recommend you to send to all Senators and as many representatives as you can call.

    Please note that this campaign is not in place of other campaigns run by IV. Please participate fully in other campaigns too.

    Please share here who, when, and how are you going to send this petition. Also share, if you get any reply.

    Please feel free to make changes in the letter/petition.

    Thanks

    *************
    Here is the list of Senators to whom at least one person has sent the email or fax or mail; The information is collected from the posts in this thread.


    (01) Dianne Feinstein (D-CA)
    (02) Barbara Boxer (D-CA)
    (03) George Voinvoich (R-OH)
    (04) Sherrod Brown (D-OH)
    (05, 06) ** 2 NJ Senators
    (07, 08) ** 2 OH senators
    (09) Barbara Mikulski (Maryland)
    (10) Benjamin Cardin (Maryland)
    (11) Mitch McConnell (KY)
    (12) Jim Bunning (KY)
    (13) Coleman (Minnesota)
    (14) Amy Klobuchar (Minnesota)
    (15) Carl Levin (MI)
    (16) Debbie A. Stabenow (MI)
    (17) Johhny Isakson (R-GA).
    (18) Saxby Chambliss (R-GA)
    (19) Warner (Virginia)
    (20) Webb (Virginia)





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  • americandesi
    08-16 01:41 PM
    I personally think that 6 month rule-of-thumb is nonsense.

    AC21 clearly states you can switch employers 6 months after your green card application has been pending. On what legal basis could USCIS then come back and deny citizenship to anyone for switching employers too soon after getting their green card?

    I'd really be interested to hear if someone has specific knowledge of a case where someone had their citizenship denied due to switching companies too soon after getting their green card.

    Refer http://www.murthy.com/pr_thngs.html and search for the following

    "It is also important to understand that the green card approval will be reviewed at the time of the naturalization interview. For employment-based cases, this means inquiries into how long the individual worked for the employer after obtaining the green card. If the period is extremely short, there may be questions about the bona fide nature of the green card process."

    As "a_yaja" said, "AC21 applies only if your GC has not been approved. You cannont invoke AC21 after your GC has been approved."



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  • red200
    02-06 02:47 PM
    Vinod,
    were you able to contact the first employer ? abt this 140
    Hope fully its a mistake





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  • HopeSprings
    08-06 01:31 PM
    let the drumrolls begin! the bulletin could come out anytime now... tomorrow or monday...

    I think it should move well into 2005 at least for EB2-I to consume all the visas for FY2009. EB3-I might have to wait some more.



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  • kondur_007
    02-22 08:29 PM
    Hi All,

    I filed my I485 in 08/05 and my labor date is 07/05 in perm. My I140 got approved in 2007.
    I was in bench for around 6 months in 2008 starting from Jan 1st to 06/20th. I took full time position in last week of 06/08 and continuing in the same job. I got RFE on my I485 and asked for employment verification in 12/09. My attorney replied with presnt employment letter and applied for AC21 also at the same time. Now i got another RFE asking for last 5 years employment letter, w-2 forms and tax returns.

    Can some one please let me know how i can handle the period that i was in bench in 2008.

    Thanks,
    Chandra.

    Follow the advise of your lawyer.

    Following is my take on this (I am not a lawyer):

    - I dont think you need to have "continuous employment". (I am assuming that you were not any employement visa (H1) during the "bench period"
    - You already have EVL letter that states that "a permanent job -same or similar- is ready for you once you get your GC"--that is your AC21
    - Your 485 was filed way before "bench period".
    - During the bench period if you were only with "pending 485 authorized period of stay" (ie. not on H visa), you were not "required" to maintain employment any way. (If you were on any employment visa, you are out of status during that period).

    So my advise: Just submit all the documents related to your employment history. Do not lie or falsify any information. You will be just fine.

    Again, this is just my opinion. Follow the lawyer's advise.

    Good Luck.





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  • deba
    07-09 12:01 PM
    What do you mean by working? Is this just your idea or you have some information on the effects of this campaign?





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  • dilipb
    06-23 02:28 PM
    Same experience. The checks were cashed super quick and the receipt notices were also mailed out. Now we wait in anxiety to see whether we receive the 1 year or the 2 year EADs.

    Based on my research, any processing that they do after June 30th, in most cases, they will issue 2 year EADs.

    Just wait for 2 months.

    From USCIS perspective, EAD is probably the most simplest thing that they do. Dont worry much about it. It will happen. You will get a 2 year EAD.





    eb3_nepa
    05-11 11:43 AM
    I'll believe it when i see it.

    I have heard and seen far too many such "stunts" and public displays to be excited just yet.





    reachinus
    08-11 05:23 AM
    If you see the post 3205 which was posted at 6:35pm in EB2-EB3 Predictions (Rather Calculations), it says the same date as in the bullletine.