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  • Macaca
    12-30 07:15 PM
    Binayak Sen: India's war on a man of peace
    A life term for Binayak Sen under a law used by the British against Gandhi has shocked my country (http://www.guardian.co.uk/commentisfree/libertycentral/2010/dec/28/binayak-sen-india-british-gandhi) By Kalpana Sharma | The Guardian

    More than 150 years ago, the British introduced a law in India designed to check rebellious natives. In 2010 this law has been used by an independent India to check activists who question government policy.

    Section 124A of the Indian penal code was introduced in 1870 by the British to deal with sedition. It was later used to convict Mahatma Gandhi. In his statement during the hearing on 23 March 1922, Gandhi said, "The section under which Mr Banker [a colleague in non-violence] and I are charged is one under which mere promotion of disaffection is a crime. I have studied some of the cases tried under it, and I know that some of the most loved of India's patriots have been convicted under it. I consider it a privilege, therefore, to be charged under that section � I hold it to be a virtue to be disaffected toward a government which in its totality has done more harm to India than any previous system."

    The man convicted under this section in 2010 is, like Gandhi, a man of peace. Dr Binayak Sen, celebrated human rights activist and medical doctor, has worked for more than three decades as a doctor in the tribal-dominated areas of the state of Chhattisgarh in central India, working for people denied many of the basic services that the state should provide, such as health and education.

    As a civil rights activist, Sen has been an outspoken critic of the state government and its repressive actions against the armed rebellion launched by the banned Communist party of India (Maoist). The state has introduced special laws to suppress support for the Maoists, raising a militia to fight them. Independent observers concur with Sen on the extent of human rights violations, but in May 2007 he was arrested on charges of working with a banned organisation, based on visiting a well-known Maoist ideologue, Narayan Sanyal, in jail.

    Denied bail for two years, Sen was finally allowed out on bail last year. On December 24, a case that on all counts was weak and based on hearsay and circumstantial evidence, concluded. Sen was found guilty of sedition and other charges, and sentenced to life imprisonment. The judgment has provoked widespread condemnation from Indian civil society.

    Why this case has shocked people's sensibilities has as much to do with the man himself as the state in which he has chosen to work. Sen worked among the poorest and most deprived people in India, the Adivasis. The Maoists have also established their base in the tribal belt stretching through the heart of India. Their concerns are similar; their strategies diametrically opposite.

    But for the Chhattisgarh government, the Maoists are evil and deserve no sympathy or understanding. Because they use violence, the response of the state must be equally violent.

    Sen and many others who question India's development policy, which has exacerbated the gap between the poorest and the rich, argue that groups like the Maoists succeed because the state fails to serve the needs of the poor. In an atmosphere where everything is reduced to "You are either for us, or against us", there is no place for people like Sen who are fighting for social justice without violence. Arundhati Roy, who has dared to speak publicly about freedom for Kashmir and has spent time with the Maoists to present their worldview, also narrowly escaped sedition charges earlier this year.

    The judgment against Sen also reveals the extent to which paranoia and political bias in a state can affect the justice system. In Chhattisgarh today you would need to be a brave individual to question the state. Even judges in lower courts will not. Sen's supporters are determined to file an appeal and take it to the highest court. But whatever the outcome, the very fact of such a ruling has shocked many. India's judiciary has not remained untouched by the scandals currently being unearthed of corruption in very high places. Yet, by and large, faith in the excruciatingly slow judicial system remains fairly high. Today people ask: if even high-profile people like Sen can be denied justice, what hope is there for some unknown citizen being picked and charged of being a Maoist sympathiser or a terrorist?





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  • rahulpaper
    03-24 06:29 PM
    We may be missing the issue by this infighting (which is not useful to anyone)

    I think any firm involved in unethical behavior (immigration / tax/ state laws/employment laws) perspective should get targeted by USCIS/ICE/DOL and mother of all DHS etc.

    In my understanding following are the type of employees....

    a) Full time employees of large and small Companies like Engineers/Pharmacist/Internal positions/...ex GE/Microsoft/Google/Wellpoint. These guys do not work for "Clients". Usually do not have bench. (there may be some exceptions but minimal unethical behavior is expected).

    b) Full time employees who work for large (Big5 and more) and small CONSULTING firms and consult to other organization... They work for specific project at a "client". Get paid at all times when on project and and on bench. (minimal unlawful activity)

    c) Full time employees of small mom and pop firms (small business/ grocery store/restaurants etc) Get paid a salary but a lot of perk (which are not on w2 in order to save taxes...and that is unethical behavior).

    d) Employee (may be not full time) focused on work at "Client". They are not full time because they do not get paid when they are not on project. Usually smaller "consulting" firms (i would prefer to call them "contracting" firms) do this. There may be many many layers of contracting firms. Each is involved in some sort of unlawful activity.

    I think USCIS should/will go after folks involved in unlawful activities like untaxed money paid...wrong skills listed etc etc etc......Lastly, Just because one was able to do this before does not mean it was legal...

    Stop the infighting......do not generalize...if you want to generalize...generalize only on 1 dimension...LAWFUL vs.UNLAWFUL

    My 2 cents...





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  • chanduv23
    04-08 07:18 PM
    Look what really does not make sense about the "Consulting company" portion is that management consulting companies like BCG, Mckenzie or the Big 4 consulting firms have a business model where they "outsource" employees for projects to other companies. So, as it stands, these companies will not be able to hire anyone from top business schools. And we are not talking about desi consulting companies here (no pun intended).

    Again, this bill embodies the basic principle that displaces US workers do not want to understand:
    "What is good for the economy may not be good for an individual".

    And I say that because I have been myself displaces 2 times in my life, and every time, I have fallen (or stumbled), I have walked an extra mile to get a better life.

    I just feel sorry for people like me and many others who came to this country with a different mindset and now find themselves in the midst of the worst anti-immigrant clime that has existed in a long time.

    That said, I feel obligated to remind everyone - "Do yourself a favor and do everything within your means to make a meaningful change, self-help is the best help you will get"

    - Raj

    What about professional services? Like IBM global services, Oracle consulting etc.... all these companies thrive on after sales customization and support based on professional services contract and there are thousands of h1b visa holders doing professional services. It is also outsourcing of a employee to a client implementing their system. Look at SAP, Siebel consultants, they are outsourced at client places for years together to finish implementations and their work locations are changed based on client's needs from time to time in between jobs - this is again a huge pool of H1bs.
    I used to work fulltime for a company in their professional services group and travelled on the job to a lot of places. The company thrives on h1b resources for their high pressured jobs and they always bring in people from outside the country to do their jobs.

    I think outsourcing employees to a different location is a part and parcel of H1b, and this bill is nailing exactly on that. It is aimed solely to purge out H1bs from the country.

    So all said and done, we may now go down based on a racially motivated bill. I am not sure what it takes to educate the law makers, I would like to see the senior personnel at IV and more analysts to look into what can be done on this bill.





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  • paskal
    07-08 05:45 PM
    Thanks!

    The outstanding questions, i guess, are:

    They allotted the visa numbers prior to actual approvals. This contravened their clearly stated policy. In fact the ombudsman mentions this policy and suggests change. If they allotted the numbers prematurely, and are still in the process of approving those petitions and sending out the decisions...should the numbers have remained current UNTIL THE LAST PETITION IS APPROVED?
    One could argue that per USCIS policy and stated process the visa numbers are still available till that day- a petition could be rejected at the last moment- sending a number back to the pool....

    the other question is- did they allot >81% of the numbers (27% per quarter) even before the fourth quarter began? Can they allot numbers on sunday while not accepting applications that day because they are "closed" thus denying petitioners from getting in while the numbers are current?

    i would be surprised if they went over the country cap- they have treated that as religion of late.

    the dates for india/china will only move after EB3 ROW becomes current. any ideas how far that is?



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  • immignation
    04-06 02:31 PM
    how's the market conditions in the San Jose/Santa Clara belt. houses there were really heated up avg 600k+. has it cooled down or still that crazy..

    I have been house hunting here in central NJ (west windsor, plainsboro and vicinity and am having a sticker shock just looking at the property taxes.. about 2%). What I understand from talking to people here is that these places are supposed to be a very good school district and schools receive most of their funding from property taxes (and very little from state). Good schools attract families with kids which increases the burden on schools and again property taxes have to be increased to build more schools/expand existing ones..





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  • Jerrome
    08-07 04:57 PM
    Menu
    -----
    Waiter: I've stewed liver, boiled tongue and frog's leg.
    Customer: Don't tell me your problems. Give me the menu card.

    Gangster's son
    --------------
    Q: What did the gangster's son tell his dad when he failed his examination?
    A: Dad they questioned me for 3 hours but I never told them anything."

    Dinner
    -----
    Wife : Do you want dinner?
    Husband : Sure, what are my choices?
    Wife : Yes and No.

    Wife
    ----
    First guy (proudly) : "My wife's an angel!"
    Second guy: "You're lucky, mine's still alive."



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  • logiclife
    12-26 04:40 PM
    What Channel?





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  • english_august
    11-11 10:50 PM
    http://www.bluelatinos.org/firelou?from=0

    I encourage IV members to go to the above website and add themselves to the list of petitioners asking CNN to fire Lou.
    Lou Dobbs has a right to speak his mind. A lot of what he says is rhetoric but it is within his rights. I wouldn't want to associate IV with any Latino related immigration movement. Their objectives, issues and means are altogether different from ours.

    We [should] care only about legal immigrants and not have even a whiff of supporting illegal immigration in any form and from any country. For a long time now, the word immigration has been expanded to mean Latino immigrants and only Wall Street Journal takes care to single out that immigration from countries like India is of a different hue (more knowledge based), than immigration from Mexico (more labor intensive).

    Bottom line, aligning ourselves with the Latino agenda is bad policy and politics and a losing proposition.



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  • aadimanav
    07-13 05:17 PM
    Aadimanav, mirage and pani_6, do you guys wanna run with this?

    Or any other volunteers?

    Come up with a draft and then share with rest of us.

    I have drafted a Petition (Version 1).

    http://immigrationvoice.org/forum/showthread.php?p=262309#post262309





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  • dontcareanymore
    08-05 01:58 PM
    Why, what is difference? Why was labor substitution bad. It was perfectly legal after all.

    Yes IT WAS. You either have not seen through the issue or can't distinguish the cases.



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  • unseenguy
    06-20 04:10 PM
    Hello Hiralal,

    Indeed! But if the individual 'affordability' is such that you can pay the monthly payments even after moving out of US due to job loss/485 denial, and if the purchase lowers your tax bill, then it may make more sense to buy the house...

    Personally, I've always had intentions of buying real estate in US, EU and India.... have it in India, considering it in US and exploring how to buy it in EU... :) Wish had much more 'cash'... :D

    I would agree if rent = monthly payment, then buying would make sense. On the west coast ca/or/wa, the rent where i live is 1500 (2b 2b), however; when I buy a house , I want a 4br so that I am in for rest of my life. Those houses are 550K, with monthly payment of 2700 usd per month. Does not make sense to go for it at the moment





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  • gcbikari
    08-11 04:58 PM
    Where is lesson 2?


    Lesson 2:

    A priest offered a Nun a lift. She got in and crossed her legs, forcing her gown to reveal a leg. The priest nearly had an accident. After controlling the car, he stealthily slid his hand up her leg.
    The nun said, "Father, remember Psalm 129?"
    The priest removed his hand. But, changing gears, he let his hand slide up her leg again.
    The nun once again said, "Father, remember Psalm 129?"
    The priest apologized "Sorry sister but the flesh is weak."
    Arriving at the convent, the nun sighed heavily and went on her way.
    On his arrival at the church, the priest rushed to look up Psalm 129 It said, "Go forth and seek, further up, you will find glory."

    Moral of the story
    If you are not well informed in your job, you might miss a great opportunity.



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  • Macaca
    12-26 08:38 AM
    Congressional Quarterly now conducts multiple voting studies and often does not count procedural votes. To get the most politically accurate result, the NRCC monitors only how often the freshmen vote with Pelosi, who as speaker usually votes only on the most important issues. Washingtonpost.com's party unity score is based on all votes.

    Rep. Brad Ellsworth (D-Ind.), who has opposed more than half the journal votes, called his opposition "protest votes against little things I heard during the day" before.

    "I hope the people back home are monitoring all my votes," he said.





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  • CreatedToday
    01-09 01:34 PM
    The discussion tuned nasty! Admin got involved.

    why are you digging it up?

    Its good we talk healthy now!



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  • rajuram
    07-13 02:35 PM
    Lets not worry too much about the contents of the letter. The purpose is getting their attention and also to show how many people are affected. EB3s please write this letter, ask your friends, family etc...

    Also send send a copy to congress woman The Honorable Zoe Lofgren (Chairwoman
    Subcommittee on Immigration, Citizenship, Refugees, Border Security
    and International Law, House Committee on the Judiciary,517 Cannon House Office Building, Washington, DC 20515)





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  • axp817
    03-27 03:44 PM
    ok..My docs have been received by AO.



    AO? Adjudicating officer?

    Good luck, keep us posted.



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  • sledge_hammer
    06-05 04:33 PM
    You are right about #8. I should not have included that under "expense". But going with the spirit of my original post, in the long run, the equity you build (15K/yr) will far out weigh the yearly savings you get by renting.

    >> Savings on tax deductions/yr: $ 4,050 (30% bracket, $13.5K interest)

    This assumption may not be correct. You can take tax deduction for mortgage only if you forego standard deduction. Assuming it is a 3 people household (Mr., Missus and Master) - you would forego the standard deduction of around 10k. So the marginal tax saving would only be around 1k assuming 30% bracket.

    In case you itemize anyway (small business owners typically have to do this) - then your calculation of $4k in net tax saving is correct.

    My calculation would be:

    Situation Own:
    Your expense is
    item# 4 +
    item# 5
    - Corrected item# 9

    Item #8 is NOT a mitigating factor to your monthly expenses. To earn the quity - you have to make the same amount of cash payment - cash which you could have used in any other form of investment.

    So the total would be
    13k + 9k - 1k ~ 20-21k.

    So - in this example - renting would come out quite a bit ahead.

    However, in ValidIV's example buying would be superior to renting.





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  • hiralal
    06-07 09:50 PM
    I definitely agree with the post above :). ..here is another article ..not the best bit vague but still good ..it came in just now on cnbc
    note the line marked in red ..it still depends on economy ...but predictions are that US economy may stagnate plus tight immi ..and you can see what will happen in future
    http://www.cnbc.com/id/31151346

    --------------------
    Home prices in the United States have been falling for nearly three years, and the decline may well continue for some time.

    AP

    Even the federal government has projected price decreases through 2010. As a baseline, the stress tests recently performed on big banks included a total fall in housing prices of 41 percent from 2006 through 2010. Their “more adverse” forecast projected a drop of 48 percent — suggesting that important housing ratios, like price to rent, and price to construction cost — would fall to their lowest levels in 20 years.

    Such long, steady housing price declines seem to defy both common sense and the traditional laws of economics, which assume that people act rationally and that markets are efficient. Why would a sensible person watch the value of his home fall for years, only to sell for a big loss? Why not sell early in the cycle? If people acted as the efficient-market theory says they should, prices would come down right away, not gradually over years, and these cycles would be much shorter.

    But something is definitely different about real estate. Long declines do happen with some regularity. And despite the uptick last week in pending home sales and recent improvement in consumer confidence, we still appear to be in a continuing price decline.

    There are many historical examples. After the bursting of the Japanese housing bubble in 1991, land prices in Japan’s major cities fell every single year for 15 consecutive years.

    Why does this happen? One could easily believe that people are a little slower to sell their homes than, say, their stocks. But years slower?

    Several factors can explain the snail-like behavior of the real estate market. An important one is that sales of existing homes are mainly by people who are planning to buy other homes. So even if sellers think that home prices are in decline, most have no reason to hurry because they are not really leaving the market.

    Furthermore, few homeowners consider exiting the housing market for purely speculative reasons. First, many owners don’t have a speculator’s sense of urgency. And they don’t like shifting from being owners to renters, a process entailing lifestyle changes that can take years to effect.

    Among couples sharing a house, for example, any decision to sell and switch to a rental requires the assent of both partners. Even growing children, who may resent being shifted to another school district and placed in a rental apartment, are likely to have some veto power.

    In fact, most decisions to exit the market in favor of renting are not market-timing moves. Instead, they reflect the growing pressures of economic necessity. This may involve foreclosure or just difficulty paying bills, or gradual changes in opinion about how to live in an economic downturn.

    This dynamic helps to explain why, at a time of high unemployment, declines in home prices may be long-lasting and predictable.

    Imagine a young couple now renting an apartment. A few years ago, they were toying with the idea of buying a house, but seeing unemployment all around them and the turmoil in the housing market, they have changed their thinking: they have decided to remain renters. They may not revisit that decision for some years. It is settled in their minds for now.

    On the other hand, an elderly couple who during the boom were holding out against selling their home and moving to a continuing-care retirement community have decided that it’s finally the time to do so. It may take them a year or two to sort through a lifetime of belongings and prepare for the move, but they may never revisit their decision again.

    As a result, we will have a seller and no buyer, and there will be that much less demand relative to supply — and one more reason that prices may continue to fall, or stagnate, in 2010 or 2011.

    All of these people could be made to change their plans if a sharp improvement in the economy got their attention. The young couple could change their minds and decide to buy next year, and the elderly couple could decide to further postpone their selling. That would leave us with a buyer and no seller, providing an upward kick to the market price.

    For this reason, not all economists agree that home price declines are really predictable. Ray Fair, my colleague at Yale, for one, warns that any trend up or down may suddenly be reversed if there is an economic “regime change” — a shift big enough to make people change their thinking.

    But market changes that big don’t occur every day. And when they do, there is a coordination problem: people won’t all change their views about homeownership at once. Some will focus on recent price declines, which may seem to belie any improvement in the economy, reinforcing negative attitudes about the housing market.

    Even if there is a quick end to the recession, the housing market’s poor performance may linger. After the last home price boom, which ended about the time of the 1990-91 recession, home prices did not start moving upward, even incrementally, until 1997.





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  • needhelp!
    09-29 11:21 AM
    And oh.. we already bought a house in 2002 (had never imagined that my status would still be "temporary" after 9 years of doing the right thing)





    xyzgc
    12-30 02:23 AM
    I think you missed my point. Which was that the 'solution' that Mr rinku1112 was suggesting, destabilizing Pakistan by funding dissident groups, is something that Pakistan already suspects India is doing. And there might be some truth to it. So, then, Pakistan would want to fund groups that would try to destabilize India.
    Thats the vicious cycle.

    It might be true, it might not be. Its only reactionary if its at all true and a very subdued reaction that is. If India was Israel in its attitude and what it is in its size, you wouldn't have seen the vicious circle that you think you see. It would have been all over by now - without all the intellectual sparring and head-banging that go on, on these immigration forums. Pakistani terrorism would have been a moot point - a non-issue.





    Marphad
    01-07 04:05 PM
    I didn't know Narendra Modi is a muslim. I didn't know those are committing genocide in Palestine are muslims. I didn't know those who attacked Iraq and commited war-crime under the pretex of WMD are muslims. I didn't know that these people are muslims.

    May be Narendra Modi was born to a Moghul Emperor. Others are born to ottaman emperors. What about you vghc? Are you a product of muslim?

    I tried to stay out of this as much as I could. Can't tolerate anymore. Why the hell Narendra Modi is considered as terrorist?

    I am not saying every muslim is bad. As I mentioned earlier, few of my best friends are muslims. But why the hell each and every muslim remained silent when people in Sabarmati Express were burnt alive? Hypocrates!



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  • panky72
    06-24 03:23 AM
    Hello everyone,
    I have a question which I hope someone can help answer.I have applied in EB2 category and am from India.My PD is July 2005. I have used AC21 recently and changed my employer(i.e I am no longer with my sponsoring employer) I have not notified USCIS of the same.

    I plan to travel to India during September 2008 and use AP to reenter back into the US. Can someone help answer the below doubts.

    1) Since at the port of entry the Immigration Officer will ask whether I am still with the same employer or not- I will have to say I have moved to another company- What happens then?

    2)Does using the AP and subsequent answer of "Yes- I have changed my company" trigger a RFE during the GC allocation process since now I have to prove to USCIS that my job is "same or similar" and my pay is >= the pay mentioned in my LC.

    3) Has anyone successfully used AP after using AC21 and not had an RFE issued during GC allotment?

    Thanks in advance

    You can find some of the answers here.
    http://immigrationvoice.org/forum/showthread.php?t=19743





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  • BhanuPriya
    04-20 01:27 PM
    :p Yes....,
    You can definitely change your Employer and continue working H1. You can even port your I140 Priority date to your new GC process. Just you need to have Receipt Number of your I-140. You don't even need to have I140 Approval notice.

    Its better to take an advise from Reputed Immigration Attorney. They will do everything in your favour.
    :D





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  • nlssubbu
    03-21 04:00 PM
    I just came across the following article, which analyze in depth about the anti-immigration groups, their stratergies, bases and the clout they have. Though some of the names seems neutral, the intention is really not.

    I think it is essential for us to know the entire backgroud, if we need to fight our cause.

    http://www.splcenter.org/intel/intelreport/article.jsp?aid=93

    Thanks

    nlssubbu





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  • Didiusthegreat
    09-25 01:29 PM
    I've made your logo allright??



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  • dvb123
    06-01 10:43 PM
    We are in an era of US Immigration where a Fashion model work permit bill would have a better chance of clearing the house than a highly skilled immigrants bill.

    05/09/2008: Fashion Model P-4 Visa Classification Bill, H.R.4080 Approved by House Judiciary Immigration Subcommittee 05/08/2008

    As we reported yesterday, the subcommittee debated this bill and approved this bill for the full Judiciary Committee action of the House yesterday. A small positive news on the immigration legislation!

    http://www.immigration-law.com/


    The OPT 17 month extension rule ran into problems barely a month after it was introduced. The anti-immigrant groups constantly send faxes, emails and snail mail constantly to stop immigrant bills from passing. This frightens the senators and house representatives because they think that majority of United States citizens are agains't immigrant bills while an average United States citizen does not the know the difference between green card and H1 B clearly, leave alone opposing highly skilled immigrant bills.

    USCIS makes tons of mistakes but it will try to repeal mistakes if it believes that it has made an error. The CSPA new regulations is an example of USCIS accepting and rectifying its mistakes.

    http://www.murthy.com/news/n_revcsp.html

    The AC21 act gave an additional visa number pool of approx 130,000 visa numbers which were actually unused EB visa numbers from 1999 and 2000. This is a reserve visa pool that could be used for future fiscal years. HOW CAN A RESERVE POOL BE USED WHEN THERE WERE UNUSED VISA NUMBERS FROM 2000 TO 2005?

    http://www.nafsa.org/regulatory_information.sec/regulatory_document_library.dlib/u.s._immigration_system_2/ac21_-_the_american_competitiveness

    The solution to our saga is to count the immigrant visa numbers from DHS statistics files of EB visas distribution for each year from 2000 to 2005.If we are unable to get all the information required from DHS statistics files we can put FOIA requests and get the information. Instead of making USCIS doing an audit we can do the audit ourselves and inform USCIS that there are still immigrant visa numbers left from the AC21 act. The good thing about this reserve visa numbers is that they can be rolled over to the the future years. So we can get them issued for the years 2008 and 2009.

    I think this is the only solution to our saga.





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  • GCeffect
    07-07 06:04 PM
    I'm from Bangldesh
    EB3

    My PD is may 2006

    I already received my EAD, AP

    even last month the Mar 2006 was current. Any chance that my I485 will be approved in short time. My H1b is also expiring on October 2008. Should i renew it or just wait for my I485 approval....

    Please advice me gurus....



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  • black_logs
    02-06 01:57 PM
    The other day had a friend at my place and I felt like throwing him out of my house. These guys are crying by their asses days and night. Believe me he is the guys whose wife drives him to work because his DL expired and PA DOT is not issuing him License because he has less than 1 year visa. But he was talking this government, that government..... I asked him to keep quiet and watch, if we are successful you'll get a free ride, if not then keep crying through your ass, you're doing it anyway!!!!





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  • ricky26
    04-24 12:26 PM
    Mostly they do not ask you 797 if you have valid stamping. You need to show new original 797 only if you have extended one, so that they will issue i-94 till end of your extension, otherwise your i94 will have expiry date (of stamping in passport ) as your end date of I-94.

    Does that makes sense ?



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  • Sunny175
    10-14 05:06 PM
    My Green card is in the processing and I-140 was approved in Dec 2007. The priority date is in Jun 2007 and EB2 category. Applied for renewal of EAD and AP recently.

    I am on H1b and it is due for renewal in 3 months. I will be on H1b for 4 1/2 yrs by that time.
    I hope h1b will be issued for 3 yrs since pending 485 for more than a year.
    I think renewing is helpful just in case if there is any issue with 485.

    1. Is it worth to renew H1b?
    2. How much will it cost to renew H1b?
    3. Since the h1b is issued for 3 yrs based on pending 485. If any issue with 485 will it impact H1b?

    Thanks in advance.





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  • ksrk
    06-04 05:26 PM
    Definitely a very helpful post - I am sure for many others too!

    Reading through this, I couldn't quite figure the immigration requirements of the PAPs - appears that non-citizen residents of the US (NRIs) can also adopt - or am I missing something?



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  • Green_Print
    07-20 01:56 PM
    ;) Yes my friend, you can change your jobs after 6 months of filing I-485 with I-140 approved.


    Can I change my job after 6 months of applying I485 with valid EAD?

    I have EB2 I140 approved.
    I-485 applied this July.

    Thank you.





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  • rajeshalex
    07-31 08:34 PM
    thank u all. I will do the education evaluation. No need of taking risk/getting RFE



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  • arihant
    03-26 07:10 AM
    Anyone interested in meeting lawmakers in Houston area email me at meetthelawmakers@yahoo.com. Also , do mail your phone number so, that we can arrange this asap!
    Please check your PM.





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  • Ann Ruben
    02-01 09:39 PM
    Unfortunately, a 212(a)(3)(B) finding would also prevent you from getting a GC based on your marriage to a US citizen.

    You are entitled to renewal of your EAD as long as your GC remains pending.





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  • raj1998
    10-26 11:31 AM
    I filed for 485 went to India came back to USA. I didn't have any 485 receipts with me.
    Had no issues what so ever, in fact I was not asked anything about 485 application. After coming back went for finger printing , that means my application is still in process.

    Important Note :- During this period I had valid H1b stamp on my passport.

    Raj



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  • 3d Nirvana
    06-06 12:26 AM
    here's 3 more, it said i had too many images in my post.

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  • GKBest
    10-14 01:20 PM
    Our payroll agency does the same. They do not even provide D-7 to the company because our payroll is incorporated with their other clients so that they can offer lower payroll fees. But they do print our company name in the paystubs. And if a need arises, they can make a copy for the requesting company for quarterly withholding summary.

    I guess you can just ask certification from the payroll agency that your paystubs came from your petitioning company. I don't think it will create a problem. USCIS can verify if they want to.





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  • ganguteli
    04-08 01:06 PM
    I just noticed on USCIS website that all 4 of our family's I-485 (myself, wife, 2 children) have new LUD of 4/1/2009.

    The message still says "case received and pending" on all cases.

    I wonder what it means?

    Thanks.

    Congrats. It means someone touched your file. Please update the LUD date in the IV tracker





    vkotval
    03-28 08:11 PM
    Fiscal year 2007 -- Does this mean all the visas issued from nov-07 till date or nov-06 to oct-07 ?





    Pagal
    04-06 05:48 AM
    Hello,

    IMO, a new H-1B petition and new LCA is a safer option ... I had done this twice and it gave me peace of mind and flexibility to accept positions with better job prospects and pay... this was also recommended by the company lawyers and HR.



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  • sri1234
    05-15 05:18 PM
    Hi Sri,

    Don't panic. This is NOT the end of your immigration journey. You are covered by AC-21, so if you find a job in a similar occupation with another employer, you can certainly take it. Your employer should seriously consider appealing the denial in order to preserve its reputation and to continue to employ H-1 workers.

    If you have reason to believe that your employer might not be fully compliant with immigration laws, particularly as they relate to labor certifications and I-140's, you would be most protected if you changed employers

    Ann

    Thanks a bunch Ann. I really appreciate your help.
    Thank you IV.
    You made my friday.

    Thanks,
    Sri





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  • zamoo
    09-29 11:48 AM
    If you indeed resign, there can be trouble..."luck factor" might pay a role.

    But, I'm wondering why would you want to resign ? As long as your employer is a reasonably big one and has HR rules, you might be able to take FMLA...I think that can go for as long as 6 months. You will not get paid for a lot of it (depending on you leave balances). But, you will remain employed. And, you can work with your HR and legal folks to arrange a better alternative than resign.

    Now, if your employer is a small place, then its all "it depends" thing...

    Good luck...see to it that you don't extreme measures unless absolutely needed.





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  • CADude
    09-25 01:56 PM
    You never know which one will click. I got standard reply and some info. But still it's btter than doing nothing.

    Please look "July 2nd - No Activity" tread for more details.

    Good Luck.





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  • purgan
    04-04 08:52 PM
    HI All,

    Anyonw planning on going to school this year full time? I am planning to...I have an EAD/AP that I can use and I know several IV'ans may be debating the same isssue

    Now for the gurus who have already researched this:
    1. Can one avail of financial aid (FAFSA) if has Advanced parole. I'm not 100%sure because its says 'indefinate parole" and i'm not sure if ours can be classified as "indefinate"
    2. How does one activate EAD/AP (does one have to travel outside the country). I am currently still on H1B with 3 year extension granted but visa not stamped
    3. One can go to school F/T on EAD. But what are the options to preserve one's PR application (..after all its been over 5-6 years since we filed are applications)...assuming its been over 6 months since I485 was filed and AC21 benefits kick in. And, is a leave of absence a better option than quitting.

    I wanted to start a debate of what we are doing because I know several of us will be in the same boat.



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  • Dakshini R. Sen
    06-24 11:34 PM
    Enter your employer's name and address in question number 15. The advice you have got from the IO is not correct. You will not be put into deportation the moment you lose your job. You have time to either transfer your H1 or file a petition for a change of status to another classification.


    Dakshini R. Sen, P.C.
    Law Offices of Dakshini R. Sen P.C. , Immigration Lawyer US. (http://www.dakshinisen.com)
    212-242-1677
    713-278-1677





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  • chanduv23
    09-16 10:08 AM
    And what about Tri State folks - Tri State has the largest pool of talented skilled foreign workers stuck in the logjam.

    All you have to do is just come forward



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  • suryamnb
    11-15 04:36 PM
    Does any one got "AP" approved, who applied in the month of august?from NSC.

    Hi,

    I filed my 140/485/EAD/AP on Aug 17th, Got receipts on Oct 30,
    EAD card received on Nov 9, AP travel doc received on Nov 14th.
    FP Notice received on Oct 30, scheduled for Nov 27.


    Thanks!





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  • smisachu
    03-30 03:46 PM
    Can you give details of the Cruise? I am thinking of an Alaskan cruise too.



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  • same_old_guy
    03-19 05:39 PM
    If you are on payroll, it means you are still employed by that company. Consider this as bench period. The company may not pay you the whole salary or part of it but you are still employed. This creates problem sometime. You should ask your employer to consider you as on unpaid leave or vacation. You dont have to leave the country. Few days are ok as long as you get a new job elsewhere and transfer your H1. I think 30 days is good. Your first and foremost goal is to get a job at any cost. That should happen before you are out of payroll of your current company. That means within 30 days.

    Once you are out of 30 days and dont have a job, you are out of status. That means you are here illegally. Your counter starts. There is no guideline how long you can stay here like that but more than 180 days will definitely create problem for you in the long run.

    Coming to H1 transfer, if you can transfer the job within 30 days, you are good. No harms done. Although sometime you get RFE to show the income for that period if W2 shows very low number. There should some sort of parity with LCA minimum wage in H1 with W2. But 30 days of non-payment should not be a big issue as long as you can prove you were employed at that time with your H1 petitioner.

    If you are out of status, there is not much you can do about it except get a job soon enough. There are people who got H1 transfer without any issue. But there is a greater chance it might come up as RFE in H1 or later in GC.

    If you are here more that 180 days, you are in serious trouble.

    In any case, talk to a lawyer. People here in this forum are good for some basic general advice but a case like yours should be consulted with a professional.





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  • Laasya05
    12-29 08:38 PM
    Sorry I may sound lame but what is the new rule regarding H4 to H1B?



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  • sparky_jones
    06-02 05:09 PM
    The attorney says he's regularly used the "Yes" response in such situations, and has successfully argued that the requirements are normal in past audits. Of course, he wouldn't comment on how much this contributes in triggering an audit. My goal is to avoid targeted audit altogether. His (and the company's) goal is to see the PERM through successfully, even in the face of an audit. Obviously, a slight difference in goals.

    The requirements in fact are normal for this company, and in the field in general. I have no doubt that this can be successfully argued. The problem is with the face-value of the BS+7 requirement against the objective O*Net criteria, and the fact that the only way to make an argument is through a business necessity audit.





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  • Swati Solanki
    10-04 04:08 PM
    Mine was received on 18th july too by R Cook. No news yet! Did anyone's cheque got cashed out?



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  • pappu
    05-04 11:00 AM
    Thank you for the initiative. This will be a big help. Everyone should try to do the same in their districts so make sure our issues are known to every lawmaker.





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  • acecupid
    07-08 04:31 PM
    Just go to online address change and do it for all your petitions.

    On another note, is it true that people are getting RFEs when they do address change? Has anyone faced this?

    What I have heard is that if your new address is 200+ miles away from the old address, you are most certainly going to get a EVL RFE. One of my friends' recently changed his address within the same city and never got RFE.



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  • loudobbs
    08-28 05:54 PM
    My occupation code on the labor notice is 189167030 which is for 'program manager' but the description on the labor notice is Consultant which is for a different code 189167010.


    Now I am confused.. which one is valid?????:confused::confused::confused::confused:





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  • wandmaker
    11-03 02:36 PM
    Fastest way to move to H4 is goto India and get your H4 stamped or file I539 for COS to H4. If you apply for COS to H4, you application will be in pending state considering all the backlogs as VSC/CSC. You can move to H1 whenever you wish and you will not be counted against quota, provided you have not exceeded the 6 year limit.

    Hope this helps.

    Hi currently I am on H1B which is set to expire at end of November and will not be renewed. I have another position coming up but the visa application may not b e done till late December or January. I would need to transfer to H4 on my spouses status till then.

    Can some one guide me in this process. What steps must be taken to transfer from H1B to H4? Is there any webpage which explains this step?

    Is is better to file for H4 from USA itself or to go to India and do it?

    Once I file for H4, does it have any impact on my filing for H1 from the new employer later in December or January?

    Please assist me.

    Thank you in advance.



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  • jcrajput
    06-25 07:40 PM
    Our visa stamp (H1B/H4) are expired in our passports. We are planning to travel via 'Frankfurt (FRA), Germany' to Mumbai in Lufthansa airlines and we will get our passport stamped in Mumbai. Does anyone have experience travelling via 'Frankfurt (FRA), Germany' without visa stamp in passport?
    I know that travlling via London has some difficulties but not sure about 'Frankfurt'.
    Please let me know.
    FYI..We have our EAD and I-485 is pending with approved I-140.

    Thanks for your help.
    Jignesh





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  • Ann Ruben
    03-01 09:21 AM
    Sganny,

    It is possible to obtain extended B-2 status based on the need for medical treatment in certain cases. In addition to providing strong documentation of your son's medical needs, you would also need to show that he would not be able to get adequate treatment in your home country. Additionally, you would have to provide documentation to show financial resources sufficient to support your family without having to work in the US.

    Ann





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  • Cheran
    02-15 11:42 AM
    Unless you have some specific reason, you will face tough question if you go to any other country. If it is Mexico or Canada, they are neighbouring countries and you have a point to argue.





    tish
    06-26 05:37 PM
    question about i-20. do u need to submit only 1 i-20 that you received when entered the school or u need to submit the travel i-20 u get whenever u travel outside usa while on f1 visa?

    Doesn't matter as long it is in SEVIS system





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