Friday, June 17, 2011

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  • mehulpatel2
    06-12 01:00 PM
    LazyCIS,

    The case is not in his wife's hand anymore. As soon as the police came on site the case is People Vs Terriblething. Only thing is that the DA may be a little weary of pushing too much if his only eye witness (the Wife) does not want to push the matter.

    TerribleThing,

    You really really need to consult another lawyer who has better relationship with the DA.





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  • GooblyWoobly
    09-17 04:11 AM
    I think Wah Wah is confused by the differences between 'retrogression' and 'backlog'. Of course, you are right that the PDs are not likely to go much further back (I think USCIS took a conservative approach after July - note they are still issuing visas to those with non-current PDs but are using the bulletin to limit incoming new filings). However, if 20 million applied in July the coming backlogs would be horrendous, even though priority dates would not necessarily need to go back further.

    However, in a sense, if the backlog is perpetual, and let's say the PD never really moves forward by more than, for example, one month, in the next 10 years (I'm picking extremes to make my point) then the effective retrogression at that point would be greater than say todays.

    Phew. Anyway, I think that's what he was on about!

    :)

    That'd happen even with or without July Fiasco. If there were 20 million people with PD in 2006, as soon as the PD in VB reaches 2006, that many people will apply, and the PD will be stuck there forever. So, what my point is, July Fiasco made NO DIFFERENCE to retrogression (except the effect of some resources at USCIS spent on receipting/issuing EAD&AP).

    I agree it's very bad, and we need to fight it. But I just didn't want to people panic on something that's un-true. I'm tired of the FUD, that's it!! Just see, now in another thread somebody is speculating about discrimination against Indians inside USCIS!!





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  • bkarnik
    11-15 02:59 PM
    http://www.migrationinformation.org/USfocus/display.cfm?id=651

    Interesting highlights:

    Employment based immigration : 159,081 in 2006 of which 55.1% were dependents.

    Members interested in Statistics are welcome to peruse the Yearbook for the proportion of each country and then extrapolate it out to when their respective dates will be current (I am sure it will not be a pretty picture for India and China)

    The report is for the period October 1, 2005 through September 30, 2006. Of the 159,000 or so mentioned above, 36,960 were EB1, 21,911 were EB2 and 89,922 were EB3 (I guess this number includes the 50,000 that were recaptured and given to nurses).

    Of these numbers, 32060; 20939 and 60390 were AOS.

    Furthermore, of the AOS cases, 18959; 10708 and 29537 were spouses oand children in the respective categories.

    AND FOR THE KICKER:

    total EB persons from India in 2006 : 17169 and 9484 from China ONLY! (includes spouses and children) with the honor going to Philippines at 23733!

    Enjoy and have a great holiday ;)





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  • fcres
    06-18 11:39 PM
    One does NOT need EAD to use AC21. I don't understand the panic.

    In fact, one can be working at Employer B and can claim AC-21 for Employer C as a future job.

    ----------------------------------
    Permanent Resident since May 2002

    If you don't need EAD to use AC21 whats the use of EAD for the primary applicant?

    I was not planning to change company and just filed my 485 without EAD last week. But now situation has changed and the lawyer said i need EAD if i want to use AC21 after 6 months. I'm hoping to get a receipt notice soon so that i can file for EAD without the increased fees. Anybody has any link to where it says we don't need EAD for AC21 so i can check with my lawyer?



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  • GCAmigo
    02-07 09:19 AM
    is it something new?





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  • swamy
    05-30 05:30 AM
    yes i saw that - i think he confused another international participant with kavya who is from kansas - he did compliment her initially & then went abt rooting for the 2nd placed kid for the rest of the time - a bizarre 'macaca' moment



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  • singhsa3
    08-13 07:49 PM
    Guys,
    Let us focus. We need to finalize it ASAP. Time is of essence here.





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  • gc_bulgaria
    10-03 11:49 AM
    I will be in NY that Friday for a meeting. I am not sure if my flights are booked for Friday evening or Saturday. If I can I will definitely make it!:)



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  • coolvigo
    07-09 01:18 PM
    FOlks,
    All those who have not send the flowers....please do so.....
    Aaj nahin uthogey toh kab uthogey....

    JUST DO IT !!!!





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  • eb2waiter
    05-28 06:16 PM
    You should rather analyze how many people from India made innovations like starting a company, a technology, patenting a process etc, on H1B versus on GC?.

    Innovation starts when slavery ends. Free thinking and ideas arise often even on H1B, but people can easily act on them when not having to worry about getting kicked out of the country. For your information there are a LOT of companies (and patents) started by Indians who have made it big here. Most of them came on H1B. Similarly there are a lot of companies in the tech area that are starting up in India.

    Again best and brightest does not mean innovation and patents alone. It can also refer to the ability to solve existing problems, design processes that need not be patentable.

    Hi,
    I found this interesting comment from a blog. It has been posted by an H.R. representative who has access to H1B and GC users' records. The points raised are indeed valid and they seem to have a 'case' against us. I do not by any means want to undermine our efforts but it does provide a perspective from the 'citizens' perspective.

    The bill would also drastically increase the number of H-1B visas issued to foreign professional workers. As a Human Resources representative, I see first hand how the H-1B visa and employment based green card programs actually work together to drive U.S. white collar workers from their jobs and even from their careers. To begin with, there is virtually nothing in the law that prevents employers from hiring H-1Bers for open positions even if qualified Americans are available and willing to do the work. Americans are routinely laid off and replaced with lower paid H-1Bers also. In these cases, Americans have practically no legal recourse available under current law. H-1B is also a dual intent visa, so an employer may sponsor an H-1Ber for an EB green card for legal permanent resident status. When a company seeks to sponsor a foreign worker for an EB green card, they are required by law to demonstrate a good faith effort to recruit Americans first. This process is called labor certification. But employers routinely game the labor certification process for green card sponsorship to defraud even well qualified citizen job applicants in favor of low wage foreigners. They use fake job ads and/or bad faith interviews of American citizens to convince the federal government that they tried to find American workers first. These practices are common in high tech and even in some non-tech industries, but HR people are told to keep quiet about it or lose their jobs.

    I would be in favor of a program that issues a small number of self-sponsoring green cards for truly innovative foreign nationals on a competitive basis. But very few of the H-1Bers or green card applicants that I have seen in 10+ years even come close to being truly innovative. Most are just practitioners with skills that are actually quite common among the domestic workforce. The only thing special about these foreigners is that they will work for substantially less than Americans in order to have a chance to become legal permanent residents. Thus they are used by management to sweeten corporate balance sheets.

    The prevailing wage regulations are supposed to insure that foreign nationals are paid the same as their American counterparts in the same job functions, but these regulations are so riddled with loopholes that they are a bad joke.

    Since my work allows me to have access to salary records, I can tell you that the labor cost savings for H-1Bers and green card applicants is substantially greater than the costs of filing the applications with the government.

    Citizens should demand that both the H-1B and employment based green card programs be abolished in their current form.

    My point is if we check our credentials, how many of us are 'true' innovators? I know I am not, I am an expert in what I do and am an asset to my company but I haven't filed any patents or publications which would be the true requirement for this country. My skills are indeed readily available in domestic workers as well. Could that be the reason for the backlog in EB-3 and none in EB-1? So do we need to do a reality check here? Just wondering if this could be the reason why we're getting a raw deal. Could it be that 'highly skilled' is not enough but 'genius' and 'highly skilled' is what's required here? Just a thought.



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  • H1bslave
    11-08 10:55 AM
    I work for Fortune 100 company and we are celebrating Diwali on Friday. There are flyers on all the corners and are expecting more than 500 co-workers for pot-luck lunch. And the best part, organizer and main activists are non-Indian. So its just another festival in the mix that everybody is looking to enjoy. This is our first gathering followed by 4-5 more before end of the year.





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  • PD_Dec2002
    03-17 03:36 PM
    There is already a thread open that aims to achieve similar results: http://immigrationvoice.org/forum/showthread.php?t=17660

    I agree with what most of the people here have said. The US economy is in a bigger hole and people buying houses isn't going to save it. It is going to take some creative and strict solutions from the Fed and the Govt to get the economy out of this mess.

    Regards,
    Jayant



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  • saurav_4096
    06-19 10:41 AM
    See above in Blue.

    Nice information. Could you tell me what precautions I have to take now while filing my 485 if if I have intended to use AC21.

    Nothing. Just intent to work for sponsoring employer permanently. This intent can, however, change after 180 days of filing I-485 (if it is still pending). Important: This intent should not change until 180 days.
    [/COLOR]

    How does AC-21 will come into play if one files I-485 from previous employer. Previous empoyer will give letter that employment will start by the time GC is issued.
    At the time I-485 is filed, I am working with new employer. Is it mandatory to join the previous employer at least for 180 days.





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  • indyanguy
    10-02 08:25 PM
    i am in the 3.a. situation. what does part time mean? can you really be working part time when you are a CEO, CFO, COO, CMO of a company? not that i am raising this questions... I want to continue to be in the 3.a. situation, but can the IO ask these questions? if i make revenue of $20000 (twenty thou) and profit of $2000 a year will that be considered enough for IO to think that my intention is to switch to my company after green card and hence no intention of continuing permanent employment? or is that number higher (or lower)...

    I want to become a believer in your 3.a. statement... please let me know what you think.

    If you are on 3a, you have neither used AC21 nor have you left your full time job (FT job that aligns with your LC). On EAD, you can do any number of jobs (ex: you can even work 2 part time jobs totally unrelated to your LC requirements ofcourse as long as you continue to be with your GC employer). Using this rationale, you should be fine starting a business and making profit in the part time.

    In fact even those who were in 3 b were able to get their GC after an interview (Search for posts by the user "unitednations"). But, it's risky and best avoided.

    Personally, I want to get into 3 a, but my 140 is still pending. I plan to approach my company to switch me to EAD as soon as my 140 gets approved.

    PS: This is not legal advice. Please contact your attorney and do more research before taking any steps further.



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  • pappu
    10-11 08:35 PM
    Sent above to - letters@economist.com and
    also to submit_help@aaas.org
    thank you nycgal and jonty for taking lead on this one and sending mails to the editor.
    only 2 people sent the mail in one day!!

    This work does not even take 3 minutes and we have such a low turnout.:(





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  • desibechara
    10-15 09:01 PM
    H1b humane-hear my story..it cannot be as inhuman as it can be..(i have written the story in one of the forums before also..)

    My PD-Oct 2001..Eb3..My wife RIR-almost making it thru I140when all hell broke loose in our lives...my wife was pregnant and because of stupid gynaecologist..she ended up in hospital with complicated premature preganancy..guess what..as if it was not bad enough..her company got acquired just when she was admitted in hospital...imagine wondering about health insurance when she was kept to bed rest with no mobility allowed..we filed for insurance by mistake..which said that 20% in patient.....we were so shaken that even human resource did not advise us..guess what..baby was born..and it was surmised that baby will have long stay in hosiptal...2-3 months(eventually it was 4 months!)..somwhere around the first month..I realized that her insurance..will rip me off..I called right at the end of the first month..and tried several times to put my wife and baby on my insurance so that i don't end up paying 20%..it was lot of efforts until I found some desi in Blue cross insurance who put the whole family from the first initial month..when normally people get the policy for the following month at that time.

    one down --and then another came..my wife was called to her office from hospital saying that..since there was lot of work in her office..she could come for some days..guess what..she went back..thinking..she could finish work and then take extended leave....guess what..she was laid off..and with baby in hospital..and lay off..plus a rush to change her status to H4 visa..imagine the workload.....finally got her status changed..to h4 visa..with GC and labor in trash...

    I was so disgusted..that I started writing to Governor Shwarzenegger' office..who put me with Senator Diane Fienstein..and of course labor secretory Chao..after all the correspondings..all I got was my D number listed from Dallas..their sympathies...ALL I WROTE to them..Hey I want to change jobs because in those days I was commuting between LA to San Diego..where my baby was hospitalized...I wanted to be with my baby..and not work..but it was not possible..if I did..then I could get out of status...I even wrote to Department of Homeland security...and got no reply...they don't care..I ahve to be illegal to get sympathies..I guess!

    Situation was bad..finally baby was out of hospital and I weathered all with help of Almighty...and now I am so disgusted with system..that I am moving to vancouver...

    But I have another pleasant surprise..my boss wants me to work from vancouver and visit office once in a month...I don't know...whether it is possible...stay in vancouver and visit LA for 2 weeks and then go back and still maintain H1 status..

    what do you say..after all the stress!

    DB



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  • bestia
    08-15 03:54 PM
    They will know because when you fill out the N-400 application form, you are required to list your employment details for the last 5 years.

    I don't quite understand these "citizenship" worries. Am I missing something? You are not required to keep W2s for more than 3 years. You can apply for your citizenship on 6-th year and list your employment after 1 year of having GC. So you appear on interview showing last 3 W2s and that's it. Why would it lead to denial of citizenship?





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  • jonty_11
    06-28 12:37 PM
    With this rule in effect from july 2nd, what happens to the cases filed before in PP but it is in pending status with an RFE.

    I had received RFE on my I-140 on June 1st and replied back on June 6th but there is no update since then from USCIS.
    dotn worry...this stuff normally is for any new applications only!!!





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  • ak_2006
    04-22 05:25 PM
    I donated $50 and became a donar. Will do more in coming months.





    Cheran
    04-08 02:39 PM
    Going back might be a good call. But the truth is, no matter how much money you got, how secured you are, the bottom-line is that the call has to come from the individual.

    I will share my concern. I was 23 when I moved here and I already spent 10 years of prime life here in this country. After finishing my college, I worked in India for a year and half, and as any young adult I grew up thinking one day, I will change the way life operates in India. There is a system which operates India. It is powerful, normal human like you and I cannot overcome the system. People like Gandhi could, they are willing to sacrifice them self for the best of others. Or you could if you are like our current politicians who know how to work the system. People like lallu, Jaya, Karunanidhi, Naidu etc, they grew up as a part of the system. For them even when killing someone, they might not feel the remorse. But you and I cannot even bribe without feeling bad, which is good. But the question is how long can you sustain that? I am not 23 anymore; Now, I know what responsibility is all about. I have 2 kids; I don’t know whether I am hard enough to fight the system at this current stage of my life.

    There is a famous quote, which states that there is a breaking point for every human, once we are pushed beyond that point, your action does not originate from your brain. In other words you will become part of the system.

    For me this is the main concern. When I talk to people here who wants to go back, they say that they will buy a house in some close community and they will live a happy life inside. For me that’s a fools dream. You cannot shut off from others, may be for a month or two, soon you have to face the real world.

    So the answer for your question lie in this question. How are you going to handle the system in India? I do not believe that things will change. May be in 25 years; Not anytime soon. So until then you have to live a life where in you have to adjust to the system.

    I do not have an answer to the question. How will I manage the day to day life? If you know the answer let me know

    - ;)





    qplearn
    11-19 04:24 PM
    Do we have any statistics on people who have moved back because of retrogression? That might come in handy when we write letters or meet ppl in lawmakers' offices.



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