Monday, June 20, 2011

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  • amitga
    04-01 03:09 PM
    I donated $25 on Mar 30th, but still I do not have access to Donar forum. How do I become a Donar.





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  • Marphad
    03-17 04:15 PM
    I think is IP banned and he no longer able to access the IV.
    Thats I read in his forum...

    Banning IP is not a good idea. If you are sitting in a company, for all people, outside world will get the same IP.





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  • garybanz
    12-07 08:09 AM
    I have already waited 90 days, my RD is July 02, ND is July 27.

    Then IMHO you should give USCIS a visit.





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  • snathan
    04-21 12:40 PM
    Hello,

    i am lawful permanent resident. I want to bring my parents here permanently. I got nobody in India to take care of my parents.

    When i was small, my parents took care of me. When i need them, they are their for me.

    Now my parents need me. But i am not their for them. I feel very guilty and sad. I want to bring my parents in US. So i can take care of them.

    How can i bring my parents permanently.
    I know, i can bring them after i get citizenship, that is too long wait.

    i just want to bring them now. So they can have good life with me. Anybody know, how can i bring them in US soon.

    i saw some petition signed by many Indians for this request. Can somebody please go forward with this.
    Current president will understand our request and help us. He is very nice and kind person. He loves family and his mother in law lives with his family. He knows values of grand parents.

    Indians live with family, that makes Indian family stronger and less divorce. And Indian kids are well taken care by grand parents. So they are well behaved and best kids.

    We need this permission. Please work together and get this permission.

    I read this in a website. Is this possible? I want to explore all possible steps.

    Please help.
    God bless you.


    Green Card for Parents - Sponsoring Parents for Green Card

    Green Card Process for My Parents (Mother, Father)
    An immigrant (also called a "lawful permanent resident" and Green Card holder) is a foreign national who has been granted the privilege of living and working permanently in the United States. Your parents (mother, father) must go through a multi-step process to obtain a Green Card and become an immigrant. First, the U.S. Citizenship and Immigration Services (USCIS) must approve an immigrant petition that you file for your parents. Second, the State Department must give your parents an immigrant visa number, even if they are already in the United States. Third, if your parents are already in the United States legally, they may apply to adjust to permanent resident status. If they are outside the United States, they will be notified to go to the local U.S. Consulate to complete the processing for an immigrant visa (Green Card).

    :rolleyes: :D



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  • GC_LOOKIN
    09-10 12:18 PM
    My checks got cashed on friday (NSC). more info in my signature...

    Congratulations urdost...my application was received by NSC at the same time too..hope my checks get cashed sometime this week and also for others whose applications received around the same time..:)





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  • Macaca
    06-16 07:26 PM
    Pending cases = EB + Family + Asylum + ... = Backlogged cases + Unripe cases = 1,275,795 (page 11) + 1,316,740 (Figure 1, page 14) = 2,592,535 (as of March 2007)

    What is an unripe case?

    even if the application or petition were approved today, a benefit could not be conferred for months or years to come. (page 11)
    cases that do not have an available visa or an FBI name check, and cases that are in suspense for other reasons deemed beyond USCIS’ control (page 12)



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  • nlssubbu
    10-12 12:05 PM
    This question has been bugging the HECK out of me as well. I mean the only way this makes sense is if 245(i) + EB3 for India >> 245(i) for Mexico. Now from all that i have read/heard/seen, it seems like 245(i) is the major hurdle. Then how is it that EB3 India is stuck and everyone else is moving? The above equation must mean that there is a SIGNIFICANT number of 245(i) cases from India as well. Any thoughts anyone? :confused:

    There is a general assumption that there not many 245(i) cases from Indian nationals. In reality, there are many people from India working in Grocery stores to Gas pumps applied for 245(i) during that period.

    As USCIS started looking in to the continuation of services, couple of my friends who did not worked more than 180 days land into trouble during their I-485 denied. Their attorney suggested them to take the same 245(i) route and many such tech workers are also might have fall into this category.

    I believe there may be several such 245(i) cases from India and we will be able to know the exact number of cases one and only if DOL / USCIS publish the number of cases at their end. Till then we have to live with our own prediction similar to that of visa bulletin.

    This also gives a good idea for someone to start a predication thread for 'Number of 245(i) cases for India' :)

    Thanks





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  • desi3933
    08-10 10:43 AM
    My question involves employment and labor law for the state of: CA

    I have worked with a company on h1b from 1st jul to 12 nov in 2007 on h1b visa. They did not pay me for last 45 working days. My employer is telling about the following clause in in my offer letter:


    SALARY: You will be paid an amount equal to a 70% basis of your bill rate based on the understanding that you will work with us for a period of at least one year. If you leave Company before completing 1 year of employment your compensation will be adjusted to a $55,000 per year basis and the excess amount paid to you will be deducted from the last two months of your salary.

    Please let me know whether this is legal to have this kinda clause in offer letter. Is there any way to get my salary?

    Thanks much!

    What is your salary on H1 LCA? Is it 55,000 year?

    If you're paid > LCA Salary, then probably nothing much can be done.



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  • sayantan76
    07-06 12:36 PM
    Why not? Although I have applied for GC, I have no desire to take US citizenship, just to let you know. The majority does not mean the whole world and also does not mean everyone. There are Indian citizens that love India. Parents should be able to make decisions for their kids until they are 18. The kid can take US citizenship when he is 18 if parents have opted for Indian citizenship.
    well said my friend and i agree with you completely. although, i grappled with this issue when we had a baby.......the question where i got stumped was - if i got Indian Citizenship for my child (born in US), what would be the child's legal status here? and, also if we were traveling outside the country - how would the child reenter US?





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  • 485_spouse
    10-14 10:33 AM
    AP Filed/Reciept date: June 1, 2010
    Created an SR request : ~ September 20, just got standard email saying Intial Review is still in progress.

    We have an Info-pass appointment tomorrow. We chose the 45 day not response option. Not sure if that is ok when we get there.

    Is there anything else I need to know before I meet a rep during the Infopass appointment.

    We plan to take all relevant documents, along with a copy of email from a conference in Canada where my wife is invited.

    Any input will be great.

    -Thx
    Please post your info-pass experience. We are in the same boat. My wife's AP is pending since 6th June 2010.



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  • Jitamitra
    07-19 04:16 PM
    I think most important things you need to consider: (Considering the fact that PD will be pushed back to stone ages in September Bulletin)

    a) Hope that your I-485 Application is not approved before your PD becomes current. If this happens, it's a royal screw up until your wife keep's her own status (F1, H1).

    b) Earlier, it was predicatable when your PD would become current and it allowed most of the folks to add their spouses at later time.

    c) Bigger question is whether they would process on the basis of PD or RD. I think it's unfair to do it on basis of RD as most of the people would be jumping lines. Currently it's done on the basis of RD, but USCIS might change their SOP because of this July VB Fiasco.

    d) As others suggested, make sure to maintain your H1B status as long as possible without invoking your EAD. This way, you can continue to keep your wife on H4 status (Unless she can keep her own status for atleast another 2-3 years).

    I am in the same boat with EB-2 PD of Aug 2005. My spouse is outside US to get her F1-H1B stamping as her OPT Expired few weeks back.

    Hope, USCIS would allow filing for dependents at a later stage even your PD is not current. :confused:





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  • anadimisra
    09-15 02:02 PM
    Like the other guy you said, I have an equity of 200,000 in one house and 50,000 in other house. I still don't have green card. I have around 300,000 in
    401k and 150,000 in brokerage accounts. My net worth is around 800k, most of my money is in this country. If I want to continue my lifestyle, I need my GC, that will secure my right to live in this country. AFter 9 years of tax paying and law abiding life, I think i have a right to live in this country, but with this stupid laws don't know when i will get my GC.

    I don't know other things about your life but about 100% of H1-B holders that I know just dream of being 0.8 millionare.

    Also, one thing I find conflictng is that we all claim so much having right to be in this country as Mihir mentioned, plan a retirement home in India or other home countries. But I have seen so many Indians with GC mentioning that they want to go back to India as soon as they become citizen . Honestly if I am in USCIS and know this, I am gonna make it as tough as possible for that ethnic group to get GC's.

    As far as the question of spouse working or not, hell I do not want to work myself given a chance, why would someone feel bad about not being able to work, as log as we can provide them with all they want (Not only all they need).



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  • vinicola76
    05-21 01:02 PM
    Wow!!..i 140 for EB3 has not even moved by a day according to the May 08' processing times.......





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  • gc101
    07-19 01:57 PM
    My company lawyer addressed this part. The way it works is that they will work on your file only when your PD is current. So even if you apply now, they most likely wont work on it after July as your PD wont be current. Then when next time (say in Jan 2008) when your PD becomes current, they will pick up all the files for that month and start working on it. It might be that they will work on your file on Jan1st or Jan 31st. You can send your wife AOS the moment your PD becomes current. So you want to make sure that it reaches there before they approve your AOS. In case you are extremely unlucky, then they would start working on your file on 1st day of the month and finish it before end of that day, making it impossible for your wife's application to go through. Thats rare though. So if you can make sure that her app reaches on 1st day of the month in which PD is current, then they should most likely add her to your AOS and work on those together and make your life go forward....its a chance which you will be taking...But again life is a chance


    If you are single and are in a position not to get married b4 August 17th please think b4 applying for 485. It is of no use to you unless you want to switch jobs on EAD which is a HUGE RISK!!My guess is you are going to get married at some point of time(Barring guys who are already in their midlife crisis b4 marriage) and would apply for your wife's Adjustment of Status. Please apply 485 togather when the PD bcomes current again. Bear in mind that even if you apply now b4 marriage you have to maintain your H1-B status. It will only make it worse when one had already applied for I-485 coz you could only get 1 year extensions as opposed to 3 years when you have an approved I-140 and have not filed for 485. Don't get overzealous and apply now and regret later!!

    gunsnkars/raj2078 or anybody,

    Can you please read Raj3078's response earlier in the thread and then your suggestion? As I understood them they are mutually exclusive things. One is apply for 485 and one is wait. I want to know one thing among other things.

    Is the ONLY benefit for applying 485 , for me, is to get EAD? I mean, if I don't apply for AOS now, I am assured that me and my spouse can file together when PD becomes current and they will approve ONLY if my PD is current. Isn't that right? That could be five years away, but, my spouse will be able to piggyback on my GC processing.

    Please remember that my fiancee is already on H1-B currently in India. I am from India too.

    Thank you,
    gc101



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  • fcres
    06-19 10:29 AM
    Your lawyer seems to be incorrect on this. You may want to consider getting second opinion.

    AC-21 can be invoked on H1 as well as on EAD. Your choice.

    Many times, joining second employer is relatively easy on EAD as it involves no H1 filing (less paperwork), but using EAD requires one to travel ONLY on AP.

    Using H1 is more peace of mind. If for some reason I-485 is denied, one can in US (and work too) until H1 status expiry date and handle appeal more effectively.

    Hope it helps.

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

    Thank you for this information.

    I still have about 2.2yrs left on my 9th yr 3yr H1 extension. So if i don't need EAD when i use AC21 do i just file AC21 or do i need to transfer H1 too? And i guess this means even after i invoke AC21 i will still be on H1 status which is what i prefer.
    Also is there any CIS links stating we don't need EAD to invoke AC21 so i can talk to my lawyer?





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  • rbharol
    11-10 12:20 PM
    Ever since the Do-Nothing(Specially about immigration) congress is ousted,
    I hear more about Immigration on various news channels.
    This is a good news for sure.
    Something positive will definitely happen in coming few months.



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  • aadimanav
    07-15 05:41 PM
    A big bump with small push. :)





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  • unitednations
    03-24 12:07 PM
    although this doesn't fit 100% to your case. You may want to look at the attached administrative appeals office decision.

    Essentially, a person was denied in eb2 because they had a 3 yr bsc and 2 year masters. they had education evaluationstating that masters indian degree was equal to us masters degree.

    nebraska service center stated that 3+2 is not equal to masters degree. Admininstrative appeals office decision approved it saying that it didn't matter how long the combined study was. As long as foreign masters equals us masters then that is all which needs to be proven.

    My experience has been that texas service center sends an rfe for this 3+2 education. I know of 8 cases where thie decision was shown in the rfe and they all 8 got approved. I know of one case in nebraska where this case was shown and they still denied it stating that it wasn't a precedent decision (person already had another 140 denied and there was some history in his case which i believe caused nebraska to deny it). Odd part was that the appeals office decision was from nebraska service center





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  • nozerd
    07-22 12:39 PM
    Here is what people forget in this debate. They point out disadvantages of Canada over US. Fewer jobs, High taxes, extreme cold etc.

    No doubt US is better than Canada for most people. That is why US is our first choice and Canada is backup - not the other way around.

    We arent talking about people who have a choice here. If you had choice between US GC and Canadian PR we would always choose US blind folded.

    But we are people without much choice. Yes we have choice to go back to India, and it may be a good choice for thoise who have come recently and have work exp in India. But some of us have spent 10 plus yrs in the US, have US degrees, never worked in India etc. For us it is extremely difficult to move back to India when we dont have a days work exp there. Ofcourse if you are SC/ST or OBC o reserved category your kids have great future there but not for other "normal" people.

    So what other choice do we have. Well English speaking countries you can migrate to and who are taking people as PR's are:

    1) CANADA
    2) AUSTRALIA
    3) NEW ZEALAND
    4) SINGAPORE
    5) UK.

    UK is very difficult to go to as PR. The points required are extremely high. Unless you have MBA from top 10 school or make over 100 K it is difficult.

    Singapore is a good option also, but cost of living is high and you can only apply for PR after working in Singapore for 3 plus yrs. Also Singapore is not a democracy.

    New Zealand economy is 10 times worse than Canada

    That leaves Australia and Canada. Well Canada is closer to US, but Australia has better weather. Canada is less racist but Australia has cricket :).

    So bottom line is conduct this discussion as if US is not the option. If we could stay here with PR for sure we wouldnt even be having this discussion.





    gc_mania_03
    08-16 06:30 PM
    All the way one keeps thinking that you are free to start a business, look for more exciting opportunities, go work in starbacuks...( yeah all that )...once you get a GC..

    But, now everyone is talking about again sticking to the sponsoring employer, a green card being revoked while entry...and umpteen scenarios...

    So, where does it end..when can one really feel you can flex yourself and do something without worrying about my employment history...





    saimrathi
    07-10 03:16 PM
    So USCIS will never see the flowers becoz they are boxed.. and they will never get delivered becoz they are being routed from the airport itself. No major news media covered the few deliveries at USCIS.. What was the point of the campaign again?

    For those of you who is interested in one line Q/A

    "Is the flower campaign working? Yes"

    "Are we good enough with what we have done? Not 100%"

    What happened

    We were at the loading dock by 10 30 am ( Delivery estimate was between 11 am and 1 pm) and DHL appeared to
    have already delivered around 50 boxes once around 9 am. All the flowers we sent are boxed . The visuals will
    be boxes and not flowers in the evening when the youtube video will be uploaded. UPS delivered nex. We got the
    video of the whole delivery and so did the CNN-IBN/Voice of America folks. There were around 30 boxes or so from
    UPS. Next Fedex delivered and there were around 10-15 boxes coming out. While we were doing the recording one of the
    officers politely told us not to capture federal buildings and we told them that we were only capturing the delivery of
    flowers. After this what ever truck was coming in, they were reversing and pushing back into the dock so that the
    delivery cannot be taped. CNN-IBN reporter asked for permission to go inside the loading dock and she was promptly
    denied any permission. Then We had a down pour for almost 20-30 minutes and we had to leave the place.
    It appears that the S&H dept now knows that most of the flowers are being delivered by DHL/UPS/FEDEX, they are taking
    care of the diversion at National airport it self.

    In the future if any one wants to do a flower campaign, Please select 2 local florists
    (only two florists, in that particular city) and have people call and place orders/online. That way
    we can talk with 2 florists and track their delivery easily for picture/video. Every one who tried to call
    FTD/proflowers had alot of trouble getting any thing out of them. Actually, we cant blame them because they
    are not doing it locally,instead they are putting their orders via national carriers.

    Where do we go from here

    If people really want to go out and get the main stream media attention, DC is the perfect choice. How ever,Don't plan on a weekend. If we do it right, we could be live on TV and the whole country will ask whats going on, along with the law makers. That will offer a platform for solving the issue at its roots.If you really want to do this, Dont come up with reasons like I dont have time off for a day or I have a project due. I can understand if 1 or 2% of our active members say it, but when 98% of our active members say that I can understand what it is. May be its time we figure out whether we prefer anonymity and pontifical verbatim on the online forum to expressing our concern/disappointment openly. Do not get offended and start flaming me. Just my thoughts.