Saturday, July 2, 2011

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  • abhijitp
    07-09 09:02 PM
    Don't think USA is like India where you can do something forcefully.

    You are right.
    Like or unlike India, in the USA you can do what you want "peacefully" (do not know about forcefully, and not interested either). BTW that is ONE reason why this country is such a popular destination for so many.





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  • pappu
    08-04 07:46 PM
    I am researching this topic and will post more as I find answers

    ================
    http://www.dhs.gov/xlibrary/assets/privacy/privacy_pia_uscis_bcs.pdf

    http://immigrationvoice.org/media/forums/iv/others/FBI_NNCP_part1.pdf





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  • dhirajs98
    11-25 09:57 AM
    I had bought a house 2 years back thinking that i will sell it after couple of years and make money. I know many people might have done that. I didnt knwo that having a house will become a burden for me wrt moving to a different place in search of a job. I do see jobs in cities outside my state and was thinking of applying for those jobs. My problem is that if i sell my house, i will have to pay from my own pocket.
    Having a house in this market has become a pain as it has made me immobile with respect to good job offers.
    I was thinking that incase i find a job in a different state and cannot travel back home frequently and also renting is not a good option then should i leave the house to the bank for foreclosure?
    Will this affect my GC process. I have no plans of buying a house in coming years.
    What might be an outcome of foreclosure, keeping in mind that i am wiating for my GC process.
    If anyone had an experiecne like this or may know someone, please share ur thought..


    My suggestion is to explore short selling to avoid foreclosure. This will not affect your credit as foreclosure does. And mortgage lenders are going ahead with this option.





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  • Googler
    09-28 07:05 PM
    thank you for your info on calling uscis and requesting namecheck info.... i called them today, asked about FP 1 and if it had been sent out... they told me to wait for FP notice but they were able to check for name check info..... name check has passed..... 485 RD July 16 2007... thanks again for uscis contact info

    Consider yourself amongst the very fortunate!



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  • Powersa
    09-24 06:52 PM
    Well if you look at the big picture, assume the data is complete, about 233,000 total pending EB apps. Forget about the country, category, etc. for a minute.

    New apps are coming in if PD current in monthly Visa Bulletin. If you get a velocity of these news apps by month/year then this becomes kid level math, given that 140,000 gets approved each year, don't know if that's a fact though.

    So are there 100,000 new EB apps a year? or 50,000? Something else? That's Visa Bulletin dependent though.





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  • WaldenPond
    02-20 03:03 PM
    Just so that you know, this fax communication from AILA does not say anything about "Employment based green card provisions".

    It only talks about guest wokrer program and opposes HR-4437.

    You may choose to support AILA campaign and send out faxes from their website for opposing HR-4437, that may help too. Just know that you are not directly supporting "Employment based provisions".

    Let’s be more careful about what we should support and what message we are sending in our faxes.



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  • mzafar125
    05-09 11:05 AM
    Folks,

    I would like to run a questions by you guys/gals. I am getting ready to file my I-485 application. My lawyer requested that I find all copies of my I-20, OPT EAD, H1-B's etc. My question is do we have to submit copies of I-20, and OPT EAD for the Adjustment of status (I-485) stage ? Please let me know what you think ?

    I-20 is from a university that accept students in the US. The F1 student visa is issued based on the I-20.
    OPT EAD - Is one year of practical training that is allowed after graduation





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  • gvenkat
    09-24 11:06 AM
    28.6%/5 = 5.72% for EB3-India + Spillover from EB2 and EB1, not more than 10,000 of which to "Other Workers".
    28.6%/5 = 5.72% for EB2-India + spillover from EB1
    28.6%/5 = 5.72% for EB1-India + spillover from EB4 and EB5


    Each category is 28.6% WW Quota.

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

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

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


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

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

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

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

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

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

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

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


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

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

    So per your theory 8008 people who filed in Eb3 should get approved which should bring it to 2003? for EB3-I by end of year? :rolleyes:



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  • eb_retrogession
    01-26 10:01 PM
    Does anyone know what happened in this breakfast meeting..

    I've sent a note to the organizer asking for details about the event. I'll update this thread with the info, as soon as I hear back

    Thnx





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  • gc_on_demand
    09-09 03:23 PM
    Before dawn of tomorrow let make 100 page long thread. I will pray to GOD that it will pass tomorrow..



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  • kshitijnt
    05-11 12:17 AM
    Oh, did that comment on Brahma and Saraswati incest hurt you? tsk, tsk, tsk.. too bad.

    Well, you should have read and responded to the comment before that before pretending to be hurt about my response. I didn't start it.

    If you are ready to make such bigoted comment, NEVER expect that you can get away that. Believe me, internet is limitless and I can shovel dirt about India in this forum, if I want to with a google search(which is not my intent here)

    Yes of course, I didnt go to any american forum to shovel dirt but you did come here just like Bush doctrine of pre empting anyone who you are remotely jealous about. So it shows who is bigoted & uncivil. It does talk a lot about your "mentality" or rather american mentality.





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  • whitecollarslave
    03-27 04:23 PM
    IMHO you misinterpreted the memo. An employer can definitely choose not to hire based on immigration status. This has happened in the past (circa 2001) and evidently many employers do not hire H1B or any employees that require "job related" sponsorship. From the same link, in the next para it says that employers can clearly specify that they will NOT do sponsorship without violating the law. The only question is what is considered a sponsorship, any restricted position (in terms of job responsibility) can constitute a sponsorship (where by employers have legal burden beyond what it takes to hire a US Citizien/Permanent Resident for the same position). H1B definitely falls into this category and EAD borders that category. I am not an expert in labor laws but my experience says that employers have too much control on who they want to hire they can get by with almost anything. The biggest hurdle against any law suit is, EAD is an obscure document with very little clarity about rights that come with it and its usage. It was supposed to be an interim document whose usage only now is becoming main stream. May be one law suit or precedent will clarify it all. But once again employers will get by it the same way they get by with age, ethic, gender and racial descrimination.

    Thanks for pointing this out. But you are confusing EAD with H-1B. You are right to quote that its legal to refuse employment to somebody who requires sponsorship (H-1B). That does not mean that refusing somebody with EAD is also legal. Your assumption or conclusion about that is not true. As soon as you use EAD you lose your H-1 status. EAD is not tied to H-1Bs or EB immigrants. EAD is issued to a whole bunch of immigrant types including refugees, FB, etc. There is no sponsorship required to hire somebody on EAD. A letter of job duties is a whole different story and nothing to do with hiring practice.

    There is nothing obscure about EAD. Employment Authorization Document - if you have it, its valid for work anywhere in the US. Whats the use of EAD if employers won't accept it? What you say about EAD's usage becoming main stream only recently is not true. We need to start thinking outside the box of EB/H-1B, and so should the recruiters. It maybe true that the IT recruiters who normally hire people on either H-1B or green cards are now having people with EADs. But they are ignorant and they are breaking the law by having a policy to not hire somebody on EAD.

    You are right, employers do have a lot of control in who they can hire. But they CANNOT pick and choose based on nationality, race, etc. Same way, as per Federal law, they CANNOT choose people who have only green card and reject somebody who has an EAD. (See the question from FAQ I posted earlier). If an employer says that they will not hire somebody on EAD, they are refusing to hire not just EB immigrants but also refugees, agricultural workers, FB immigrants. That is crystal clear discrimination as per Federal law.

    The only thing that may create a problem is if the DHS and the Federal law treats a EB immigrant with an EAD differently than a FB, refugee or other immigrant with an EAD. (I had asked about this earlier)

    I appreciate that you guys bring out opposing views but I am saddened by the attitude of our community of being helpless and not believing in our rights. It bothers me to know that the highly educated members of such an affluent community will surrender without even trying. This has nothing to do with the state of labor market. Wake up folks! The Federal government has a whole agency to protect people against such discrimination, and we are here speculating on nuances. If somebody denied you employment on EAD, just talk to them and see what they say. You don't need anything in writing.

    What would you do if the same employers told you that they will not hire you simply because you wear a turban or you are from China (or Bulgaria or Pakistan)?



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  • mirage
    08-07 04:00 PM
    Your Logic is Illogical in the first place...
    In Labor substitution, a person who lands in US last friday, could substitute a labor and get ahead in line of a 2002 guy.
    In Porting case he/she is the original beneficiary. So you comparing Porting to Labor Substitution is totally illogical...

    PD porting is another labor sub in making. I hope I have presented my case logically to show who all are the people who are in position to be benefitted by this rule. Of course there will be some genuine cases too but on other hand think about the people in Eb2 line that will be severely affected.





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  • GC08
    07-09 08:19 PM
    Correct me if there is a misunderstanding due to culture differences.

    The flowers are by no means a complement. They pass them to other people and basically, they are forwarding the shame to them as well. Whoever receives it would feel offended. Don't you think so? :rolleyes:

    If this is not the paramount of their stupidity, I do not know what else is. Oh wait, it is USCIS... who knows what other crazy thing they may do. :D

    This is just getting better and better... Make sure get a screen print for future reference. Maybe a message should be attached to the flower too so that no matter who receive it, they will know who and what that is for. :D



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  • GCWaiter03
    05-25 09:34 PM
    GCWaiter03 - Thanks for very much.
    Can she go back immediately after filing I-485 to come back in August.

    gc_hopful


    Yes, she can go to India once she filed her I-485.





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  • bayarea07
    09-15 05:22 PM
    I remember IV Core had Efax as a functionality last year,can IV Core reactivate that again for this week ,s o that we can fax senators

    Anyone knows when is the bill actually scheduled for voting..



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  • lazycis
    11-23 08:39 AM
    Amicus brief filed in the 1st Circuit appeal by AILF.
    The brief discusses in details three major questions:

    1) why the USCIS has a duty to adjudicate any application properly filed with them
    2) why 8 USC 1252(a)(2)(B)(ii) does not bar jurisdiction in AOS mandamus cases
    3) why the duty to adjudicate does not depend on a specific statutory or regulatory timeframe.

    http://boards.immigrationportal.com/attachment.php?attachmentid=17149&d=1195639525

    Amicus brief filed in the 11th Circuit appeal by AILF. Discusses the same questions, a good reading.

    http://boards.immigrationportal.com/attachment.php?attachmentid=17018&d=1190059659





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  • jonty_11
    06-29 04:22 PM
    Guys - if u havent been paying attention, this discussion have been ON since yesterday as reported in many threads.....Thisis not new....
    If it happens we will start sagain to get a Relief Bill passed in Congress....IV go!! Get 'em





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  • bkn96
    11-14 08:00 PM
    My I140 is approved and I am a July07 filer of 485. In July08 I moved to self-employment after consulting a good lawyer. Now my previous employer withdrawn I 140 and today I got 485 denial notice. I didnot filed AC21 as lawyer told it is optional.. :mad:





    CADude
    09-20 03:20 PM
    doing something is better than nothing... Please send fax that will be more effective than email (my experience). Anyway wait continue...... :)

    I just email senator Evan Bayh, Congressmen Dan burton and USCIS complaint dept.
    Thanks for all your help





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    09-13 11:42 PM
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