Tuesday, June 21, 2011

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  • irrational
    07-23 01:02 PM
    Can you send me also a copy of the supporting letter

    Thanks





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  • nixstor
    06-20 03:34 PM
    Thanks Arihant. Yes it is strange and I am trying to find their ulterior motive behind this. All the while I thought my employer is not one of the typical desi employers (read blood sucking) we hear about in this forum. Hope I am right.

    By the way, my question was related to AC21 (after 180 days of filing 485). If I quit my current employer and join another company, how would I let USCIS know to forward all their RFEs to my new employer/lawyer and not to the old one. Am asking this because I heard the I-9 form we fill while changing employment is only for the employer and he doesn't forward it to anybody. Does my query make any sense at all or am I just blabbering BS :o

    The stuff in bold is something I am trying to figure out. How will we answer RFE's after 180 days if we file our selves? Company lawyer and employer will not be even willing to talk to us as we have moved away. What are the chances that USCIS will ask stuff related to your old employer? Can some one confirm that it should not arise as we have moved away using AC21 and all RFE's can be answered by new employer?

    Thanks





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  • kandhu
    01-18 04:31 PM
    I have sent the letter to President.
    I am in touch with my employer.
    I have also contacted around 15 of my friends to mail the letter.





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  • mygoodluck
    08-15 02:24 PM
    Duplicate application will definitely create problems I will told today by the USCIS rep. They don't recommend it at all and neither my lawyer. He has refused to re-file or will only re-file if I take the onus/responsibility of the result.

    USCIS rep also informed me that as long as you have a tracking proof that you application was delivered, you should be able to refile after Aug17 also, in case application was not processed because it was lost or so.



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  • dummgelauft
    01-25 11:37 AM
    Great news. What will be greater is that not only these "students", but the people who employ them, the people who run the "university", the ones who gave accreditation to this "university" should be all loaded in a ship and dropped-off on a hitherto uninhabited island in the south pacific, with a live stream of their life made available post drop-off.

    They can all happily screw each other on the island.

    BTW, let one of the right wing radio shows get a hold of this news, we will not hear the end of this. The next logical step will be Steve King professing an end to F1 visas.

    ** Just saw that TVU is a "faith based" (a certain faith) university, no suprise that right wing talk show jac@$$e$ have not latched on to this.





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  • regacct
    04-14 01:13 PM
    I thought immigration issues were the responsibility of federal govt. Can states pass immigration laws? Whether it is unauthorized aliens or otherwise?

    if the states can take actions, why are we banging our heads with the fed?



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  • eb3India
    04-13 11:19 AM
    May Visa Bulletin is out. EB3 ROW and Philippines seem to have moved by 1 year.

    "Recent discussions have indicated that both the Citizenship and Immigration Services (CIS) and the Department of Labor still have a significant amount of cases in their backlog reduction efforts. As a result, the anticipated increase in demand has not yet materialized and may not for some time. Therefore, in an effort to maximize number use under the annual numerical limit, the Worldwide and Philippines Employment Third preference cut-off dates have been advanced by one year."

    good atleast something is moving,

    congradulations ROW and Philis





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  • qvadis
    12-29 12:14 AM
    Being on the other side (EB3-ROW) I read the law a bit differently ;-)

    In short:

    - INA 202 (a) (2) establishes a 7% country limit for both FB and EB categories together and per fiscal year.
    - INA 202 (a) (3) allows to make unused visas available per quarter in excess to the 7% country limit.
    - INA 202 (e) specifies that any visas in excess to 7% must be distributed equally to FB and EB, and each sub-categories.
    - INA 202 (a) (5) gives preference to EB (over FB) and determines the allottment for additional visas with preference to EB1 over EB2, etc.

    INA 202 (a) (5)
    If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.


    I guess the question here is, what does "visas available" in conjunction with INA 203(b) mean.

    INA 203 (b) (3) (EB3)
    [...] Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (1) and (2) [...]


    The way I read it all this is that the rules in INA 203 (b) (1)...(5) should be applied first before INA 202 (a) (5), ie. additional visas are only available if EB-3 ROW is current.

    So, the allottment should work as follows:

    Any unused visas in EB-1 (with regards to 7% country limit) will spill over to EB-2, and unused visas from EB-2 to EB-3, etc. If there are still unused visas, they will be used for countries that are subject to the 7% limit, first in EB-1, then EB-2, etc.




    Even before AC21 rule enacted in 2000, there was no �hard� country cap as per INA then. [...]

    INA 202 (a) (3)

    Therefore, the 7% country cap had always been �soft� till year 2000.

    (*Note: DOS do not mix FB and EB categories for visa number allocation/calculation to meet the per country limit. They keep both in separate track to meet separately the 7% limit)



    I would disagree with the premise in your note. You could also read it that the 7% applies to the sum of both FB and EB categories: "[T]he total number of immigrant visas [...] under subsections (a) and (b) [...] may not exceed 7 percent [...] of the total number of such visas made available under such subsections [...].�

    Subsection (e) actually seems to suggest that any additional visas have to be allotted proportional to FB and EB categories:

    [I]INA 202 (e)
    If it is determined that the total number of immigrant visas [...] will exceed the numerical limitation [...] visa numbers with respect to natives of that state or area shall be allocated (to the extent practicable and otherwise consistent with this section and section 203) in a manner so that -
    (1)
    the ratio of the visa numbers made available under section 203(a) to the visa numbers made available under section 203(b) is equal to the ratio of the worldwide level of immigration under section 201(c) to such level under section 201 (d);



    After year 2000, AC21 has completely removed country cap in each employment category, if excess visas are available in each preference categories.


    I guess the important phrase in the law is IF ADDITIONAL VISAS AVAILABLE. You seem to interpret 203 (b) as only up to 28.5% are available without the ones spilled over from higher categories.



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  • EkAurAaya
    06-12 04:50 PM
    After reading what Mr Mark had to say i must say i m furious but at the same time i understand what he is trying to do viz Misguide!

    Folks like Krikorian thrive on donations made by misguided people (in the name of not-for profit and enticing them with tax exemptions). You don't have to be an "Einstein" to figure that out but you have to be at least EB3 category :D

    Reminds me of the Simcox guy of the minuteman project who raised millions and fooled a lot of people in the name of border fence which turned out to be a cow fence at best.

    And now a little prayer to calm down Soul!
    "May Mark Krikorian always be surrounded by Illegals and us EB2 and EB3 category immigrants" :D

    P.S- I generally don't mix Illegals with us.. but I made an exception just for Mr Mark, I'm sorry if that offends anyone.





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  • guyfromsg
    09-09 09:25 PM
    I just called and the guy said he has the room ; he then started taking all my information and finally asked when I would arrive. I told him on 17th, 7:30am and he said " oh sorry we don't have any room, I thought you wanted it tomorrow"

    So check it up again.

    Also, if your room has 2 beds, can you share the room with me? We can split the bills and I needed a company too. I am trying to book a room but so far no luck. I still need to book a flight too. I am flying from Oakland on 16th night. Thanks

    Yes, it's for 17th.. check your PM..



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  • laborchic
    06-12 12:03 PM
    Keep your fingers crossed guys.. This is going to be a long fight.. I hope everyone does their own bit and try to help in IV's efforts.





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  • makemygc
    08-10 12:15 PM
    Perm filers hate LS guys as they went ahead of line...
    Backlog guys hate Perm filers as they went ahead of line...
    Eb3 guys hate EB3-EB2 conversion guys as they went ahead of line...
    ....and it goes on.
    This shit never ends!!!:(

    Strangely, everything is done within the scope of law!

    Only person who is making sense here. Good analysis jambapamba.



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  • sabkaNumbrAaga
    06-02 09:30 AM
    Dude....we need more people like you.......See below....


    OpenCongress is a free, open-source, non-profit, and non-partisan web resource with a mission to make Congress more transparent and to encourage civic engagement. OpenCongress is a joint project of the Sunlight Foundation and the Participatory Politics Foundation. To read more about our approach, our data sources, and how Congress works, see About OpenCongress.





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  • plassey
    08-01 10:49 PM
    If you have a company's blank letter head and genuine salary slips then every thing goes...
    I know after we file the i-485 for 180 days, we can change our jobs. But rule is that the new job should be in the same field as the old one.

    Can i change my job from a biological researcher to a biostatistician? My current job is in the field of biology, which involves lots of experiments. If I change my job to a biostatistician, which is like a programmer, do i still qualify the "similar filed" rule? thanks for your help!



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  • maximus777
    07-13 04:19 PM
    Definite. My journey was worth it, even considering all the diffiulties. In India, I had a flourshing practice and when I was planning to go to US, my friends will call be a "fool".
    However, looking back, I think I made a wise decision. I have a very good academic job, for which I am proud of. My wife has a very respectable job, which she could not have done there. My kids are much more independent and mature and have more opportunities in terms of education, jobs, travel etc. My health is far better here (I was allergic to dust and had athma). I have more time to enjoy sports and travel. Most of my immediate family is in US.
    In nutshell, YES, I did the right thing.

    Excellent!! Congrats and glad that it all worked out for you.





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  • 485Mbe4001
    12-04 06:18 PM
    India has PPF/PF and that money will go in you PPF/PF account, its not a black hole, infact it pays the highest interest and its secure. its very easy to get money out of your PF account. i took it out of my PPF account before i came to the US and promptly spent all :)
    its another topic that SS repatriation will never be approved, especially retroactively.

    Yeah I get that the money will be transferred from the Social security system here to the Indian Govt system.
    My point is it does not do a damn thing for us workers personally. That money will dissapear into a dark hole in the Indian Gov't coffers instead of a dark hole here, further as the rules stand, I have a slim chance of getting the money from here through social security payments when I turn 65 even if I am in India. Try that within the money in Indian gov't hands.
    On the other hand, it makes the Indian gov't allign with corporate america, as they all have a vested interest in a Temp. worker program such as H1b absent green cards. Which will be a win win for all concerned except us.
    So I repeat my question..................Why is this good again?



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  • gk_2000
    08-02 01:26 PM
    well this is your time. with eb3 row 2009, you probably are in wait for at least 5 years. Anyway the point is, no country would be stupid enough to stop great talent from coming through to satisfy it's diversity policy. When you are talking about 0.14 million immigrants for a nation of 300 million, that's less than 0.05%. So please take your diversity argument with you and don't let the door hit you on your way out. For this miniscule percentage, the US will lose out on thousands of the best Indian and Chinese engineering/science talent. US's loss, India/China's gain. If this is not an example of an extremely stupid strategic policy then I'm not sure what is.

    Oh and by the way, may not be me or you waiting for Indian/Chinese GC's but could be your kid and mine. Let's have this talk again in a decade or two given GDP growth,debt and deficits of US and GDP growths/deficits/market size of India/China.

    tanu, do you realize that the above is nothing but a rant? isantem is not responsible for making the rules so why beat him up? What he said is nothing but the facts to the best of his knowledge
    Yes, go ahead, give me reds. From your behavior I feel you may be one of those immature types who will red anyone who disagrees..





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  • asharda
    06-27 10:33 AM
    It seems from your previous thread posts... you didn't wait till June 30th to file your wife's application, you filed it on the 6th...

    don't preach what you can't follow yourself...

    I beg you please close this thread!!! the other's are not agreeing to you, they are just playing along to see how far you can take this crazy idea...

    pls get out of here and stop bothering people who are trying to get answers so they can get ready to file thier applications.





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  • indo_obama
    05-12 11:41 AM
    The Dream act is supposed to happen only in your dreams.... Keep Dreaming:eek:





    srini1976
    03-26 11:06 AM
    Hi Guys,

    I am not sure if this is the trend everywhere only in TX. The DPS - Department of public Safety which is issuing Driving License started asking for the Employment Verification or latest Pay Slip. I asked the officer if its the new requirement and she replied Yes, its started recently. If you are in H1 or H4 visa, you need to prove that you are still in job and getting paid. One more nail in the coffin.

    Thanks

    What about folks working on EAD?





    paskal
    07-13 11:16 PM
    Hi everyone,
    I reviewed the text of the bill...and, to the best of my understanding, the Dream Act applies to both legal and illegal children. This bill is crucial for me. I am 27 years old and have been in the United States since age 1 (Yes, 26 years)...LEGALLY!!! My husband (i married another visa holder and changed my status about 5 years ago) and I have been pending for a greencard for about 2.5 years now (I'm not counting the other failed attempts)...and still no luck. I completed my bachelors degree in Psychology years ago and cannot work (my field of study is fairly common in the US...nobody I've come across was willing to sponsor for an h-1). Unfortunately, going back to my "home" county isn't an option for me because this is the only home I've ever known. Anyhow, I would really appreciate everyone's support...hopefully this piece of legislation can benefit people like myself and we can contribute to society as well. Thanks!! :)



    are certain about this?
    the recent versions of the DREAM act were clearly meant ONLY for children without documentation. that remains one of the most troublesome aspects of this legislation.
    to address the comments above: sure we are all for the kids of illegal workers, but we would like to see the same benefits at least be provided to those who play by the rules....the above story is an excellent example of this.



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