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Saturday, August 6, 2011

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  • samay
    07-21 08:09 PM
    Dear Lawyer,
    I have applied for my renewal of EAD. Please let me know if I have answered the following correct and if there is anything I can do to rectify if you think these are not the right answers. Thanks in advance for your help,

    For question 14, Manner of last entry: " Paroled (AOS) " because that is what will be stamped in my passport and I94 after my entry into US.
    For question 15, Current Immigration status: " H1B Worker " because my H1B is valid till 2010 and I never used my EAD or received my green card.

    This question says how you entered the US the last time and not how you intend to in the future. My understanding is that you last traveled on your H-1 B therefore, it should say H-1B (please confirm the same with your I-94.)





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  • glus
    03-17 10:33 AM
    hi All,

    Can someone give me advice on this:

    I have 4 yrs Bachelors + 6.5 yrs of IT exp. i am being offered a Pre- approved labor(EB3-PD-Nov.2003), which was filed for someone with a condition-Bachelors + 4 years exp., at the time of filing.
    i graduated in June 2000, so i am about 1 year short for the 2003 PD. However i did some part time work during college in India and the lawyer says if i can get exp. letter from that company on a letter head, that should suffice.
    i am concerned if that India exp. during graduation will work or not.
    Has anyone faced a situation like this?
    the (part time exp)company was very small, can this be risky? what do you guys think?

    Thanks.
    I am not sure if you cannot used experience gained before / during college. I think it all depends on the LC requirements. I know many people who used experience gained before gaining their degrees, and there were no issues. However, I do not know if their LCs specified "post-degree experience, or just experience." I would speak to another lawyer to see if he tells you the same story as your current lawyer. You could send this question to Susan Henner. She is the attorney giving us free advise. The the home page for information on how to send her a question.

    Regards,





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  • Lasantha
    02-13 12:00 PM
    LOL - Which side are you on though? There are two schools of thought in this thread. :cool:

    I am also with you guys.

    Tinku:rolleyes:





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  • breddy2000
    09-24 06:09 PM
    If you see the numbers for EB2 ROW there are still 7000 visas pending.
    Offcourse many are from 2007 and 2008

    How is it possible?Is it not EB2 ROW and EB1 was always current?

    1997 1
    1998 3
    1999 1
    2000 11
    2001 47
    2002 67
    2003 69
    2004 219
    2005 493
    2006 973
    2007 1,531
    2008 3,473
    2009 262
    Grand Total 7,150



    Also EB1 has the following data

    1997 4
    1998 1
    1999 0
    2000 1
    2001 32
    2002 57
    2003 32
    2004 29
    2005 41
    2006 135
    2007 537
    2008 898
    2009 710
    Grand Total 2,477

    Does this mean this data is not accurate as of date. So if it means that all of those applications are approved as of today there are no more EB2 ROW 485 applications pending for FY 2010 apart from the recently filed in PERM stage?



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  • pnara2
    01-05 06:05 PM
    Yes, this discussion is not needed on here! Let us focus on immigration related persistent issues!





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  • Aah_GC
    08-15 09:35 PM
    I think we should take the SRK-the-global-icon factor out of the equation and just focus on the ridiculous system that is in place. There were other immigration officers attesting SRK's identity, he showed the officer his event invitation -- what else do you need? Does the whole Muslim world have to pay a price for 9/11? Should the airports around the world put in a 2 hour interrogation for anyone with last name as Bush?



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  • gopinathan
    07-28 10:28 AM
    I was an 'IBO' in the past. did the business for 2 years and quit. so, i am one of those "quitters" as called by up-lines and one of the many reasons why the average yearly income is only $115/year :)

    you people are fighting for two totally different reasons

    (1) is Amway business illegal for H1Bs? and is Amway business model a ponzi scheme ? been with this business, I can still stand behind the business model - its fair and simple. you just buy from one manufacturer and advertise that to others. if you notice, they are actually advertising Amway Global on national TV. Are the products worth the money you pay is a different subject. can H1Bs do this, i hear yes/no from various sources and that is a separate subject too. this thread is about the bitter experiences and not the business model itself.

    (2) Now came BWW (for those of you don't know this term, this is the reason for all your heartaches / broken friendships and bitter experiences).

    how do you advertise your product/site ?????

    when i joined the business, I have atleast 10 very good friends. I talked to all of them and asked them to understand the business model, and not worry about the advertising part. I took all of them to major conferences (they couldn't say no to me out of friendship and curiosity on what i saw in it despite horror stories) but no one was keen at that time. so, i told them to come and see me when they have some free time and are thinking about making money part-time. no hurry. thats it. no clashes between friends or bad blood. no means no. they are your friends and they will come to you when they are looking. NO HURRY.. thats me.

    this is the point where problems start. BWW talks and teaches about doing it NOW. they want us to go through as many people as possible and believe in numbers game. if you show the plan to 100 people, 1 active IBO will join. so, show the plan 3 times a week at-least. that's the motto. when they asked me to go for cold contacting i refused out-right. how can i convince a total stranger when my close friends who believe in me couldn't see it.

    most of you are crying foul of people "cold" contacting you with fake smile/friendship while they want you to join the business. but everything has to do with BWW and their methods/CDs/meetings etc. its like a competition. the sooner you grow, they grow. so, they want you to grow as fast as possible. if you have to loose your friends/relatives on the way - your up-lines don't care. they say they are your friends/family. how can that be true ??

    to Kushal: I wish you luck with your business. but you have some temper my friend. who are you fighting with ?? folks on an online forum ?? you should know better than to throw stones at someone who doesn't have a name. what are you thinking.. you think you can convince everyone here to believe Amway/quixstar is good ???? seriously ?? only if convincing is that easy ;p

    to rest of the team: I know you don't approve the advertising part by randomly meeting people. I didn't do it either and extensive damage is done. people run away from Amway/quixstar like plague because some people want to get rich quick and asked their down-lines to spread the word as fast as they can. "run through people". find 1 person willing to work at the expense of 99 people getting offended by you. word of mouth advertising works both ways. bad publicity spreads faster :)

    all I am saying is: people advertised Amway really bad. people hate amway but they should really be mad at BWW and their strategies. it is unfortunate that no one really knows or interested to know what Amway model really is. all they can think of is about horrible experiences of cold contacting and repeated chasing.

    again, i am not with this business now but still think its a good model. it is based on word of mouth advertising, franchising, residual income - everything e-commerce (which is a subject taught at some universities). now add some short sighted people to do the teaching and BINGO.. screwed it up big time.





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  • gvenkat
    02-13 02:42 PM
    What ever gave you the idea that EB ROW only wait for 3 years?

    i said on an average.. and that is the fact.. ROW is way better off than India/China... there are always exceptions...



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  • Lasantha
    12-14 02:17 PM
    I really don't see how removing the per country ceilings alone without increasing the anual quota will help the entire comminity. If you do that alone all it will do is make the date retrogressed for all the countries even further. So where's the gain?
    Getting the anual quota increased, not counting dependents in the quota and recapturing visas from passed years will help EVERYBODY.

    If people want to think that something petty as removing the per country quota is going to solve all our problms then all the best (and God bless us all) ! :cool:

    PS - Pardon me if this sounds harsh but this is how I see it.





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  • mirage
    07-04 08:21 AM
    One thing which is missing in the News article about this fiasco is they are sounding like some precedural hitch happened they are not sounding scandal, conspiratory, I mean their title should be like 'DOS plays joke on Legals', 'DOS arbitrary decisions hurt legals' types......



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  • sanjay
    03-31 11:35 AM
    No one has to debate who were murdered so mercilessly in the train. These were innocent people. No one has to debate who were killed after that....2000 innocent people....your logic that innocent people should be murdered and raped and burnt when other innocent people are killed does not make sense. In the end "INNOCENTS" are the ones harmed. It is debatable whether the riots were stoppable or not, but atleast dont support the person, views or murder of 2000 children, women and men.


    Dude, I am not supporting anyone here. Neither Train tragedy not the killing of 2000 innocents. No civilized person would ever support any kind of innocent killing. You missed my point here. I am born and brought up in Hyderabad old city and had seen numerous community riots for nothing. Always its the " INNOCENTS " who gets suffered. These things gets created for nothing. With no reasons. When mob gets angry its gets impossible to control them. Government should have definite guts to control.

    But being in Indian you know how much guts the Government has. Be it any party.

    I supported Modi for the development he had brought to Gujarat. Look at the development in Gujarat before and after Modi.





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  • immi_seeker
    09-15 01:09 PM
    I agree that it makes sense for USCIS to allocate spill over numbers on a quarterly basis.

    But i doubt if they are allocating spillover quarterly. If they did, then we should have seen steady movements and not a rapid movement of dates in the last quarter.

    We should certainly get a clarrification from USCIS about this. This could be a potential administrative change without congress intervention.

    Doing it in the lat quarter could cuase visa wastage especially this year where it is anticiapted that there will be lot of spill over numbers.



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  • nozerd
    09-30 10:14 AM
    I have done a lot of research on this :::

    A good option is if you try and get a job in Detroit, MI. You can then live across the border in Windsor, ON and commute daily between Canada and US.Windsor is basically suburb of Detroit right across from Detroit river ex like Mumbai and Navi Mumbai, Hyderabad and Secundrabad etc.

    This way you get best of both worlds

    1) You keep H1B visa and US GC going.
    2) You earn in US $ and can avail of US job opportunity.
    3) You can earn time towards maintaining Canadian PR and Canadian Citizenship.

    Disadvantage

    1) This option is limited to getting a job/transfer in Detroit Metro area.
    2) Some days there may be delay at border if US is on high alert, so you need to be conservative and add time for border inspection to your commute.
    3) You have to file taxes in both US and Canada (but its not double taxes).





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  • GC9180
    09-25 03:20 PM
    monthly number calculations not quarterly or yearly

    http://immigrationvoice.org/forum/forum5-all-other-green-card-issues/628361-useful-links-how-visa-allocation-happens.html#post967308



    http://www.state.gov/documents/organization/87963.pdf

    from the above doc

    "9 FAM APPENDIX D, 405 NUMERICAL CONTROL"

    .... Each month a determination is made regarding the number of visas that can be made
    available on a worldwide basis. .......
    Numbers are made available in the chronological order of the applicant’s
    priority dates. The monthly cut-off dates, which are used to determine
    whether an applicant’s case is eligible for final interview, are published in the
    Visa Bulletin available on the CA Intranet site....".



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  • snathan
    08-16 11:28 AM
    I never worship any actor. But now I dont even have any respect for this stupid SRK. If he doesnt like to step on american soil again, I am very glad. This moron thinks american economy will plunge into recession again if he is not coming to america. Atleast salman kahn makes some sensible comment.





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  • andymajumder
    06-02 03:42 PM
    country quota is not racial discrimination...u must be a fool to say that.

    To change the country quota..they have to change the whole philosophy of immigration in this country... Equal opportunity for all...

    Its absurd to try to change the country quota..we must try for recapture..instead..


    Why is it absurd to change the country quota? What is the use of the country quota..is it necessary for diversity? The primary basis by which a person qualifies for employment based GC is through his academic qualifications and work experience....how is deciding how many GCs you would give based on country of birth relevant in this case. What is the basis of such a rule unless you want to limit the no. of people coming from countries which produce large no. of qualified, educated people. How is this fair considering that India and China produce at least 10 times more college graduates than most other countries in the world other than the USA.

    If promoting diversity was the cause, there's already a diversity GC process and people from India, China and some other countries are not eligible to apply in those categories.
    If limiting people from certain ethinic backgrounds based on current population of USA is a criterion - lets get this fact straight - Indian americans are less than 0.4% of US population there are far more people of vietnamese, philipino and few other southeast asian origin in the USA. In fact if limiting people of certain ethnic background from becoming larger part of the population and maintaining racial diversity had been a criterion, people of Irish, Polish, British, German (or most EU countries) shouldn't be allowed to immigrate to US at all since people of those heritage already form large % of the population. Yet, any similarly qualified person from these countries can get a EB GC in a year or two now while an Indian has to wait 8 - 10 years.

    I am quite sure a skilled civil rights lawyer can prove the current situation against Indians in EB category as case of discrimation based on country of birth, since the stated goal of the EB category is immigration based on skills and academic qualifications.



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  • dealsnet
    09-04 11:32 AM
    -TrueFactsis an IV insider. Otherwise how he know the real name of the person.

    quote:( "-TrueFacts) Jayapaul Reddy Vadicherla" This is to warn you on any personal disturbing mesgs"

    So people suspect it is CHANDV23. He have second highest rating after PAPPU.
    So people suspect he got all ratings from his multiple ID'S.
    Sudddenly -TrueFacts become green after so many reds.

    DON'T MAKE US FOOLS.

    IV MUST BAN BOTH OF THEM, BECAUSE -TrueFacts accepts his ID is duplicate only to create to post this thread.

    Mr. CHANDV23.....You should have been aware that when you are logged in with your alias(aka _TrueFacts) it turns "Green dot" beside your ID. Your other ID "CHANDUV23" turns blue if you do not use it...

    Still making me laugh the hell lot trying to prove your point by hiding behind your real Identity. Why not accept that you are indeed "CHANDUV23" Hahaha...

    I guess this is what is called "Wolf in Sheep clothes"





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  • kaisersose
    02-13 12:07 PM
    I think the US government wanted it this way.

    Back in the 19th century then experienced phases where too many Irish came into the country in waves and then too many Chinese - both of which did not go down well with Americans raising Xenophobia to new levels and causing trouble for the immigrants .

    This is why they decided to get an even mix of people from all countries and prevent a surge of people from any one country. They have no reason not to apply the same logic for the employment category.

    Like an ROW person said on another forum, Indians will find any number of reasons to support removal of country cap, but we can find an equal number of reasons to retain country cap.

    Leaving aside the difference of opinion between Indians and ROWs on this topic, we should also look at which side Americans are inclined to take. Based on History, they would actually side with ROWs on this one.





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  • satyasaich
    12-13 02:10 PM
    Well, interesting topic and here are my 2 cents.

    i just googled for a minute, for the definition of "Equal Employment Opportunity" by Federal Government and the result is as below
    Equal Employment Opportunity (EEO) :A term used by the federal government to refer to employment practices that ensure nondiscrimination on the basis of race, sex, religion, color, national origin, physical or mental ability, medical condition, ancestry, or age.
    The principle behind EEO is that everyone should have the same access to opportunities

    AND Ethnic References are American Indians, Asians (Pakistani/East Indian: Persons having origins in any of the original
    peoples of the Indian sub-continent), Black, Hispanic, Caucasian

    The above definition itself speaks very loudly about access to opportunities, which if restricted due to another federal law or provision, then it is clearly a conflict within Constitution.


    Consider a person with some skill set and born in Bangladesh or Pakistan working for Employer A
    &
    another person with exact skill set born in India working for same employer in the same capacity.
    Assume that both have started the GC Process on the same day, but person from India is still waiting even after 5 or 7 years.
    Where as the other person got the GC and no restrictions to accept a promotion and an increase in salary,based on the same skill set and experience.
    Isn't that scenario defers the principle behind EEO which is everyone should have the same access to opportunities
    and hence voilation of law?

    There are thousands of glaring examples like these, and i'm wondering how this can not be considered as a good ground for challenging
    (I do undersand the cost aspects of challenging and legal fees etc; and the hefty amount of funds needed)

    by the way, i tried to find a federal government rationale for per country limit in current system (only from the EB Category perspective), but couldn't get a good answer

    Satya
    India / EB3/Nov2003/
    --Any country's immigration policy has to have some control measures built into it. I cannot imagine any country opening its gates wide open for the entire world to migrate into her without any limitations. So the question is, whom to "restrict" and whom to allow? This leads to the same argument, do you see this "restriction" as discrimination? There are others who see as fair "reservation" for them.


    there is no "reservation", the nature of the clause is a cap, it does not give another country a minimum quota, it is written as a restrictive provision. and again- just because it benefits someone else does not make discrimination "right", in the strictest sense. right and wrong when it comes to discrimination are not relative. and if you believe they are, it's mighty slippery slope my friend because it does not take time to find yourself on the other side.

    --Good question. If we look at what qualifies a country to be included in the lottery program (oversubscription etc?), it would again lead to the "balancing" intent with regards to immigration.


    so why the double dipping? if the balancing is done, why the country quota? the result is that as i said more bangladeshis come in than indians...so what does over subscription mean in the end? again...why the need for the diversity lottery? the country quota already balances things....or not?

    "either it's wrong or right. the caste system is wrong, from every side of the fence. it may benefit some and hurt others. but it's wrong, wrong and wrong.
    same for this country quota. sure it helps some, and looks good from "their side of the fence". that does not change the fact that it is wrong."

    --You are opining that it is wrong. You cannot state that it is a fact


    you sound suspiciously supportive of the caste system. i will say it again. such a system is wrong. i do not care which side of the fence you are on. was depriving blacks from voting wrong? or was it ok from the white side of the fence? please think before you post.
    there is a difference between "something benefiting me so i justify it and fight to keep it" and being right or fair. everyone fights to keep what they have. sorry, still not right. and if you still feel the caste system can be justified as right from your (or any) side of the fence then let's stop here, we have no common ground. and i speak as someone with sufficiently "high caste" to have not suffered from it (so you know my side of the fence).

    one last thing, i find it hard to believe you are terming as "right" the idea that I as an individual should be held back 10 years longer than my colleague because of where i was born. any way i look at it...sorry...just not right.





    sunny1000
    06-28 06:21 PM
    Still, just because DOS told USCIS "Visas are exhausted" doesnt mean they should stop ACCEPTING new petitions. They can stop APPROVING new ones, but why stop ACCEPTING new petitions. Visa bulletins guide the filing as well as approval of petitions. If visa bulletins is current, then they can both accept and approve petitions.

    They can definitely accept I-140. But, I485 acceptance will stop as soon as DOS tells USCIS that the visas are exausted..... isn't that is one of the provisions that we are fighting for...:D :D :D :D





    pmb76
    04-02 05:31 PM
    What do you have to say about all well educated and intelligent bureaucrat IAS, IPS etc..

    Most of the so called well educated & intelligent bureaucrat IAS, IPS etc are bottom feeders and crooks. They are only there to milk the system dry and fill their own pockets. No offence but these so called IAS/IPS folks are te ones that have screwed the Indian democracy and given it a bad name.



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