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  • nrk
    01-14 01:57 PM
    I don't see any problem for EAD and AC21 people

    Will this rule effect on EAD and AC21 also?





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  • breddy2000
    09-04 12:57 PM
    Sreedhar,

    I agree with your comments.

    In India, politics have been used to amass money, wealth and YSR has used his position for killings, land grabbing, scams etc.,

    Make money the right way, no one stops any one. Where is the end to corrupt means? Yesterday YSR, today his Son. The biggest problem today India is facing is, people involved in policy making deeply submerged in corruption.

    There should not be an excuse on comparison. If today we don�t condemn, tomorrow we will be affected. And being here we have to set an example to other people out there in India, living and working in USA is an experience that can�t be valued on paper.


    True Facts have Guts to reveal yourself..... We know that you have compromised on personal details about IV members....This is insane I say.....





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  • illusions
    02-13 09:02 AM
    http://www.washingtonpost.com/wp-dyn/content/article/2008/02/11/AR2008021103132.html

    Well this is good news, at least there is a debate. Hopefully USCIS will go ahead without waiting for the FBI and go ahead and process the case, and not wait for the FBI.

    Or at least they will hire more resources to speed things up... i'm hoping for the latter.





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  • AirWaterandGC
    05-12 08:04 AM
    Thanks nozerd.
    Also if the judge finds it unreasonable that I stayed out of CA for more than 3 years, will I be allowed to at least live in CA for the remaining duration (time remaining out of 5 years), OR I will have to leave CA immediately once the judge does not like my reasons.

    Thanks again.

    A Canadian PR has the right to enter Canada (as opposed to a US PR who does not have the right and can be denied entrance by INS).
    If you have not met 2 in 5 yr obligation Canadian Immigration will question you but let you in. They will give you a date on which you will have a court date with Immigration judge. Then its up to judge and you. You will have to give good reason why you were out ( waiting for US GC is not a good reason ).

    Dont know about the reapplying part. Never heard of anyone having done it.



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  • snathan
    01-16 07:20 PM
    There is no such requirement for fresh H1B as well as renewal as per Law. That is why we call it an ILLEGAL memo. We all need to fight this together.

    NB: I am not a specialist in law

    We need to come up with a road map and how to fight?





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  • Legal
    07-25 02:08 PM
    A question about the FB spillover: according to your data, there are about 30000 FB visa spillover from last year. But does USCIS have to use up all of them? If the answer is yes, then the September VB will very likely be current. If the USCIS only need to use up the 147000 EB and use whatever portion of the FB spillover, then September VB may not move.


    They can waste numbers and come up with excuses. But because of criticism from Ombudsman, Congress, etc it looks like they are trying to shape up. They can adjudicate 30 k petitions are more in 2 months if they are committed to. We could get an idea, if there is a deluge of approvals in the first half of August.



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  • sroyc
    09-24 04:38 AM
    Please see my inline comment.

    Based on following link:

    http://www.uscis.gov/USCIS/New%20Structure/2nd%20Level%20%28Left%20Nav%20Parents%29/Green%20Card%20-%202nd%20Level/Pending%20Form%20I-485%20Reports.pdf

    28.6%/5 = 5.72% for EB3-India + Spillover from EB2 and EB1, not more than 10,000 of which to "Other Workers".
    28.6%/5 = 5.72% for EB2-India + spillover from EB1
    28.6%/5 = 5.72% for EB1-India + spillover from EB4 and EB5


    Each category is 28.6% WW Quota.

    WW Quota consists of 5 country specific sub-quotas 1)India 2)China 3) Mexico 4) Philipines 5)ROW.

    This is incorrect. ICMP get 7% of the 28.6%. ROW gets roughly 28.6% - 4 X 7% X 28.6%

    Based on page 1, I do math as under for Philippines categories.
    -------------------------------------------------------------------------------------

    1) Quota for EB4 -->7% x 140000/5=1960, Pending: 70 Quota to be spilled over to EB1= 1890
    2) Quota for EB5 --> 7% x 140000 / 5 = 1960, Pending: 0 Quota to be spilled over to EB1 = 1960
    3) Quota for EB1 --> 5.72% x 140000 = 8008 + EB4 spillover 1890 + EB5 spillover 1960 = 11858 - pending 74 = Total
    11784 will go to EB2
    4) Quota for EB2 --> 5.72% x 140000 = 8008 + 11784 =19792, Pending: 510, So total 19282 VISA numbers will be spilled
    over to EB3.
    5) Quota for EB3 --> 5.72% x 140000 = 8008 + 19282 spill over =27290 - 11563 Pending = 15727 VISA extra.
    6) �Other Workers� � Pending: 264 TOTAL UNUSED VISAS = 15727-264 = 15463 UNUSED VISAS will go to the quota
    of other countries.


    Based on page 3, I do math as under for ROW categories.
    ------------------------------------------------------------------------------

    1) Quota for EB4 -->7% x 140000/5=1960, Pending: 1378 Quota to be spilled over to EB1= 582
    2) Quota for EB5 --> 7% x 140000 / 5 = 1960, Pending: 40 Quota to be spilled over to EB1 = 1920
    3) Quota for EB1 --> 5.72% x 140000 = 8008 + EB4 spillover 582 + EB5 spillover 1920 = 10510 - pending 2477 = Total
    8033 will go to EB2
    4) Quota for EB2 --> 5.72% x 140000 = 8008 + 8033 =16031, Pending: 7150, So total 8881 VISA numbers will be spilled
    over to EB3.
    5) Quota for EB3 --> 5.72% x 140000 = 8008 + 8881 spill over =16889. Pending: 62840 -16889 = 45951 applications will
    still be pending and pushed to year 2011.

    Based on page 4, I do math as under for China categories.
    -----------------------------------------------------------------------------------

    1) Quota For EB4 --> 7% x 140000 / 5 = 1960, Pending: 384 Quota to be spilled over to EB1 = 1576
    2) Quota For EB5 --> 7% x 140000 / 5 = 1960, Pending: 13 Quota to be spilled over to EB1 = 1947
    3) Quota for EB1 --> 5.72% x 140000 = 8008 + EB4 spillover 1576 + EB5 spillover 1947 = 11531 - pending 607 =
    Total 10924 will go to EB2
    4) Quota for EB2 --> 5.72% x 140000 = 8008 + 10924 =18932, Pending: 19333, So total 401 applications will be pushed to
    year 2011 with pending approval.
    5) Quota for EB3 --> 5.72% x 140000 = 8008 + no spillover = 8008 � 6343 Pending = 1665 visas Extra.
    6) �Other Workers� � Pending: 30 TOTAL UNUSED VISAS = 1665-30 = 1635 UNUSED VISAS will go to the quota
    of other countries.

    Based on page 5, I do math as under for India categories.
    -----------------------------------------------------------------------------

    1) Quota for EB4 -->7% x 140000/5=1960, Pending: 123 Quota to be spilled over to EB1= 1960-123 = 1837
    2) Quota for EB5 --> 7% x 140000 / 5 = 1960, Pending: 13 Quota to be spilled over to EB1 = 1960-13 = 1947
    3) Quota for EB1 --> 5.72% x 140000 = 8008 + EB4 spillover 1837 + EB5 spillover 1947 = 11792 - pending 418 = Total
    11374 will go to EB2
    4) Quota for EB2 --> 5.72% x 140000 = 8008 + 11374 =19382, Pending: 47728, So total 28346 applications will still be
    pending for year 2011.
    5) Quota for EB3 --> 5.72% x 140000 = 8008, no spill over. Pending: 62607 -8008 = 54599 applications will still be pending
    and pushed to year 2011.

    Based on page 6, I do math as under for Mexico categories.
    -----------------------------------------------------------------------------------

    1) Quota For EB4 --> 7% x 140000 / 5 = 1960, Pending: 62 Quota to be spilled over to EB1 = 1960-62=1898
    2) Quota For EB5 --> 7% x 140000 / 5 = 1960, Pending: 0 Quota to be spilled over to EB1 = 1960
    3) Quota for EB1 --> 5.72% x 140000 = 8008 + EB4 spillover 1898 + EB5 spillover 1960 = 11866 - pending 174 =
    Total 11692 will go to EB2
    4) Quota for EB2 --> 5.72% x 140000 = 8008 + 11692 =19700, Pending: 211, So total 19489 applications will spill over to
    EB3 category.
    5) Quota for EB3 --> 5.72% x 140000 = 8008 + 19489 spillover = 27497 � 7878 Pending = 19619 visas Extra.
    6) �Other Workers� � Pending: 8415 TOTAL UNUSED VISAS = 19619-8415 = 11204 UNUSED VISAS will go to the quota
    of other countries.


    TOTAL UNUSED VISAS = 15463 + 1635 + 11204 = 28302.

    Assuming these unused visas from Philippines, China and Mexico will be used for India, ROW equally India will benefit additional 14151 VISAS this year. Assuming all of these go to EB2 India Pushed down figure for EB2-India for the year 2011 will be 28346 � 14151 = 14195 pending EB2-I applications ready to go to year 2011.





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  • HumJumboHathuJumbo
    09-23 04:57 PM
    you are buying a house. they are to give gc in return for us pumping money into the system which otherwise would not have come in

    its not about their feelings or yours... there is a law and IV is trying to change the law by a legitimate process. do not use words like bribe which refer to improper personal payments for benefits that dont belong.



    the new law should decide that... the discussion is open...

    It should be under EB5 category since its an investment. How do you go from being a qualified skilled worker taking a job in US because no US ciitizen is available, to being qualified to buy a house?.



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  • snathan
    05-01 11:29 PM
    friends lets not fight and over estimate ourselves ..we cannot do anything to solve or highlight our own issues ..then how can we do anything about something happening far away !!!
    that being said ..both sides are to be blamed ..SL and Tamil leaders in SL.
    SL because they treated tamils as second class citizens even though they were born in SL ..and tamil leaders because they did not accept peace offers / try to give up violence ..
    and don't compare this to kashmir ..Kashmiris (except the pandits) are not second class ..they have super / very high class status .
    as for congress party (India) ..it is the biggest villian ..why did it send army to SL ..Rajiv Gandhi should have sent his relatives first

    We are not fighting here for the LTTE or SL. We are not happy to see how our incumbant Indian govt is. This is the same fate we/our generation going to face in the future whatever may be the reason.

    Somewhere in the world when one jew is getting killed how the ISREAL govt is reacting. They never mind to go after those guys. But we are unfortunate not to have such govt.

    Well..I wont post anything in this thread anymore.





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  • at0474
    12-13 01:23 PM
    "Fairness or not is not the issue. Question is can it be challenged in a court? "

    --I guess fairness is the issue and that is what you are asking for by challenging the court.


    "As an unrelated side note, the current quota system is something that has evolved from past policies some of which was used to restrict citizens of certain countries."

    --To some extent,there is truth to what you said. And it is there prerogative. There could be many geopolitical,societal, economic and national security reasons behind who they restrict and who they allow.



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  • snram4
    01-18 10:05 AM
    The H1b rules and Cap are framed based on the principle that foreigners will be allowed only when there are no avialblity of skilled persons for that job. That is the reason For LCA and salary requirements. You can very well google that why H1b visa was created on 1991. Everyone in congress and also american public expects that American jobs should not be replaced by foreigners. But when there is no clear cut job position there could be foreigner could be hired just because he quotes 10 dollar less than American but same skills.
    But still we can lobby for change of law to get some grace period of 2 or 3 months when a persons job lost or H1b is cancelled. But it is a bad idea to justify bench without pay for H1b. But still USCIS was sympathtic towards most people and most H1bs got green card though they were in bench. One of my relative forgot to renew H1b for more than an year but otherwise perfect. They accepted and applied for extension explaining the situation and got extension. If they would followed the law she would have got 10 year Ban. But I am not expecting any sympathy from USCIS for anyone who violated law or regulation knowlingly.

    Is H-1B working at a gas station a bad apple? Yes.

    Non-Indian staffing company keeps $150/hr, 25 years back. Is this a bad apple? How much can a staffing company keep? Why? Who decides it? Has Hilda L. Solis decided it for for US workers? Why should Janet Napolitano decide it for H-1B?

    Contractor salary and benefits come from his/her billing only. Most US workers are not paid on bench/benefits. Why should H-1B be paid on bench/benefits? Contractor can be paid on bench/benefits only by spreading the billing over bench/benefits (thereby reducing paycheck). Why is this a good apple?





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  • fide_champ
    08-17 10:27 AM
    This is a country of law. If your name is flagged by any reason, no matter who you are, you are going to send for secondary investigation. There are thousands of peoples pulled for secondary investigation everyday. Are they all Khan? SRK, you lost your credibility on this issue.
    In 2002, then President Bush's two teenager twin daughters were charged for producing fake ID to buy beer in the Texas bar. Instead of supporting daughter, President apologize.
    In Baltimore, where I live, charged Micheal Phelps (winner of 8 gold medals in last Olympic) for having accident with expired Driving License.
    When India will come out of "Celebrity worship"?

    Does president OBAMA come through US port-of-entry and all the security checks when he lands on US from a trip abroad? or does he land directly in white house? Don't tell me the US officials don't make exceptions. Only the degree to which they do differs from country to country.



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  • chanduv23
    03-27 03:35 PM
    JAB TAK SAMOSAE ME AALO HAI
    TAB TAK INDIA MAE LALOO HAI

    We never know - Laloo could make it.





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  • Ramba
    08-17 03:48 PM
    May be that immigration officer might have seen his stupid movie(s) and really got irritated. Finally when he got a chance, he let out his frustration.

    Good:) joke..



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  • u.misc
    01-25 02:55 PM
    I thought we're not supposed to pay for H1 and GC. Correct me if I'm wrong? I guess we can only pay for the visa appointment fee.


    I came here in 1999, at that time employer was not bound to pay for H1-B expense. Later USCIS enforced the law and now most employer do pay for H1-B.

    However for GC, its the employer's discretion and there is no written rule as who should bear the cost fo GC filing. I paid for mine.





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  • amoljak
    10-23 03:27 PM
    Thanks eb3India.

    How does the current company obtain a pre-approved labor? Does it buy the pre-app labour? Or is it SOLELY because someone in the company left (whose labor was approved)?


    Labor certification means a company is certifying that they cannot find an American to do the job, lets say write a Java program. So once they certify that, they can say look we have this dude from India who can write Java programs, we want to hire him permanently. But what if the dude gets a better job or goes back to India or both...? The company still needs someone to write that Java program... they have established that they are not able to find an American to do that... so they can say this dude-2 has the same qualifications as the dude whom we originally want... so let us hire him permanently... so that is labor substitution... there is genuine business case to do that.



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  • newtoearth
    05-02 09:11 AM
    ...





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  • reddy77
    07-03 11:34 PM
    Digged , Thanks admins for all these, I really appreciate your hardwork. I want to call senator/Rep in PA, Any contacts of them..





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  • yabadaba
    07-04 08:57 AM
    also sent it to the drudge report...if he picks it up other talk show hots will pick it up too.





    ramus
    06-27 06:59 AM
    So are you saying that we could have possible retrogression effective from any day in July?

    Thanks.



    USCIS had approvals before dates moved. USCIS knows the numebr of such approvals.

    These approvals are getting GC before approval of current applicants. If earlier approvals use up quotas, retrogression does not have to wait for current approvals.





    jonty_11
    07-10 11:31 AM
    Well said good luck.... I may be following you soon once I have my Canada application nearing approval.....

    Please do share your story with media....IV core can probably help you there.



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