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  • GC_ki_daud
    07-29 04:17 PM
    I have

    EB2 140 Approved Feb 2006

    EB3 140 approved June 2004

    My Lawyer says that when they filed my 485 in July 2007, they sent both 140 petitions. IS THAT POSSIBLE ?

    Now that the dates got current in Aug 2008 bulletin , I asked them to proceed further so that my case could be adjudicated.

    They suggested me to wait and see since ,now, my original EB2 is current anyways.

    My question is, Is there any way to find out which category (EB2 OR EB3)will USCIS consider my 485 case to be ?

    Should I request lawyer to send a petiton now or wait ? PLease suggest a course of action





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  • ksiddaba
    07-04 11:46 AM
    http://www.nytimes.com/2007/07/04/us/04visas.html?_r=1&oref=slogin

    Please forward by email using the link on the right of the button. Let's try to get this in the most emailed list at NYT. Surely give us exposure.





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  • Kodi
    05-02 09:38 AM
    I'm surprised admins are letting this thread continue.

    All those who think that the rest of the word should get involved, where were you when the LTTE bombed colombo in numerous occasions? Used suicide bombers to kill innocent civilians. The rest of the world watched and didn't get involved. You had 30 years to provide a solution to this war. Now is not the time to get involved. Sri lankan gov is finally taking matter into their hands and its high time. LTTE is a terrorist organization that's banned in the US/UK and all over the world. They should not be supported. Its sad that tamils are stuck in this situation, gov is doing eveything possible to get them out of the area but its their own so called leader that's refusing to let the people go.

    For those that say tamils are discriminated.... think about this.

    About 50% of tamils live in other parts of the country in harmony with sinhalese, muslim and other ethnic groups and can conduct business. Tamil children can get education in any of the schools and universities in any part of the country unlike sinhala/muslim kids. Children get free education in the country. Sinhalese are not allowed to attend universities in the north and east. All the sinhala/muslim people were chased away from the north and east where as tamils can live anywhere in the country without any discrimination. If LTTE is providing tamils a safe heaven why did they move out of the north.

    Tamils can join the parliament if they're elected through an election. Lakshman Kadirgamaris tamil and held a prestige position in the parliament as the foreign minister but was killed by the LTTE. Look at Muralitharan, wold class bowler. How did he excel if tamils are discriminated. He came from one of the elite schools situated in an area where majority is sinhala/muslims.

    Tamils are not the only ethnic group that was required to carry national ID at all times in colombo. All civilians in colombo, including sinhala and muslims are required to carry IDs with them. I was stopped more than twice at check points and I had to carry my passport with me at all times since I've misplaced my ID.

    And the list continues....

    I can go on and on but I'll rather not. I didn't want to reply to this thread but finally it got the better of me. Each country should take care of their own matters.





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  • dontcareanymore
    09-03 05:28 PM
    You claim that you dont know him and your only knowledge of him is through reading the news and yet you argue against those ruled by him. Did it ever occur to you that these people might know more things (that are not reported) than you do ?

    Welcome dealsnet reddy.

    IV have some threads about unrelated issues. But many replied because it is related to home country.

    But yesterday many people put funny posts regarding a second time elected CM, made me a bad feeling. Some one want to see his son also want to be killed. It means he want to see YSR family perished. No one put a comment like this when terrorist Kasab went rampage in Mumbai, no one want his family to be killed. This shows Kasab is better than DR. YSR Reddy ???. Educated people must behave responsibly.

    THIS ALL SHOWS, THE THE POSTS AGAINST HIM IS PARTISAN. SRK AND YSR ARE DIFFRENT. SRK done it for publicity for his film.

    If he is bad, no one vote for a second term. First time in AP, Congress CM completed 5 year term and elected for the second term. I don't know him. But reading from the online news, the comments which I have seen is very disturbing. Five people lost their lives. All family members are in a shock. One of the pilots wife is still not talking, becuse of the shock.

    SEE FROM BJP FIRST TIME FOR AN OPPOSITION LEADER:
    BJP President said as a mark of respect for the late leader, BJP�s flag would fly at half mast at the party headquarters. Party leaders said this is perhaps for the first time that party�s flag will fly at half mast following the demise of a leader of the opposition party
    Many states declare public holiday for his respect. These are ruled by other parties (Karnataka, TN etc..)



    SEE openion of TOI readers.

    India - NEWS - The Times of India (http://timesofindia.indiatimes.com/opinions/4967438.cms#top0)



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  • breddy2000
    09-04 01:44 PM
    Breddy2000 and dealsnet,

    I hope you guys don’t owe anything to YSR!.

    If you love YSR, that’s your business. As much as you love, facts are facts and YSR being CM for 5 years is the biggest loss to AP and people of AP.

    Also, it’s a curse that India and Indians are paying to have had congress rule India for 60 years.

    "_TrueFacts". You are entitled to your opinion and I'm entitled to mine.

    The fact of the matter is you are misusing your IV ADMIN Previledges to prove your point....
    And I must say I have lost all faith in you being a Senior Member of IV.

    I don't damn care about what you think....It's more about your behaviour that astonished me....You have been reported to "Admin".
    If they do not care much about it and losing you is a loss to IV, then be it.....But facts remain that you have compromised on someone's identity in public forum with your previledges.
    And I very well know that your other handle is "CHANDUV23". I don't care if I'm banned from IV.





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  • chi_shark
    09-23 09:00 PM
    have you ever considered that you may be too dumb to comprehend it? you can be classified in the same people who called gandhi's idea foolish or idea of a personal computer outlandish etc... if you cannot believe just sit back, relax and enjoy the flight.

    i cant believe ppl think this is a brilliant idea..
    economy is screwed for a while..citizens are on life support..and you want immigrants to be welcomed with open arms..



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  • BharatPremi
    12-13 09:40 PM
    As you use the phrase Check Mate....

    Chess is all about thinking strategically several moves ahead.
    Given the current political climate on immigration I think that we will be in a check mate position (on the loosing end) if we pursue that road.

    The anti's would be all over us as soon as we filed in federal district court probably even before a hearing, and definitely after a hearing. If we lost in lower courts the Supreme Court would probably refuse to hear the appeal, in the mean time we'd have just stirred up the anti's hornets nest against us, just as much if not worse than against the illegals.

    Asking Congress to make small changes in the existing laws annoys the anti's. Telling them or forcing them to wholesale rewrite their laws would make us public enemy #1. We would be lucky to have more than a handful of law makers willing to stand up for us. It would kill off all lobbying ability.

    Think of lobbying as polite negotiation.
    Think of Supreme court case as picking a fist fight, in which we are badly out numbered.
    Once you have started a fist fight it is much harder to negotiate, especially from a loosing position.


    I would rather negotiate than fight, I would rather lobby than court challenge.

    So yes, check mate, if we follow this route.
    Alternatively, a British phase: Royally screwed!

    It make sense to use the wisdom tooth and be practical. But even with lobbying we will still have cat (Anti's)... no way to bell it?





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  • thomachan72
    09-04 03:08 PM
    If this thread (forum) was a court room. It would have been declared by Judge that YSR is indeed the most corrupt politician AP had and pending further investigation all the occupied & grabbed lands, wealth be ordered to pay to the victims. In addition, the Judge would put a life time ban his Son from active politics.

    I hope all posters, readers will condemn corruption and blood politics and see US system (for we being in US) as an example for India. No one can better understand American system than us and how it can be modulated to fit into India.

    Nice point truefacts. If indeed we were able to somehow communicate this system to folks in India it would be great. Let us keep the hopes that this will happen some day. Might be due to desperation or some major calamity but somehow people will realize that this corrupt system is unustainable and needs dramatic repair.
    By the way there is another thread with lists of people who died with a request for prayer!! This is another example of how manipulative personalities not only create a chaotic unsustainable regime while they live but also leave a chaotic system once they die.



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  • ksrk
    09-15 06:30 PM
    Exactly, there are more EB application from India and most of them are older PD, so with no rule, all it means is that India will get bigger share.

    But I thought the rule stated that the spillover can only be applied to over-subscribed countries in the FOURTH quarter of the fiscal year - meaning no sooner than June/July 2010 - or am I missing something here?
    How can the VB get past March 2005 in December 2009? If it does, I'll be very happy! However, I would like to know if the estimate is realistic...and not over-optimistic.





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  • pd_recapturing
    03-14 09:37 AM
    I heard that if you apply on your own and move out of US, it becomes very difficult to let the Can immigration authority about your current location and keep track of all the correspondence with them. But, the agency/lawyer does this thing very efficiantly. Any opinion on this ?



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  • alterego
    06-27 10:34 PM
    My 2 cents.
    USCIS does not control the PD dates, State dept does. The state dept will change the PD's to when it runs out of visas to provide USCIS.
    Case 1: Assume USCIS and State dept are in close touch over the currently approvable I-485s which can consume visas starting July 1

    If USCIS has 40K such approvable apps, then the State Dept (being in close coordination with USCIS abt numbers) would have just moved the dates to Nov 2005 for EB-2 India the date when it retrogressed and similarly to the date when EB-3 retrogression first happened for India.

    The fact that they did not do this means they do not have the sufficient numbers of approvable ones. Now the new ones filed in June or July will not become approvable until at least 90 days. So if they are hoping that some of the "new" 485 petitions filed in June/July will be straightforward enuf to approve in 4 months, they have to keep dates at current at least until July end.

    Case 2: USCIS and State dept are not coordinating "closely" over the approvable numbers

    This means the State dept arbitrarily changed the dates to Current instead of consulting with USCIS that they have 40K approvable petitions. And why woudl they in that case make the numbers unavailable in mid-july in that case?

    Lastly even if the numbers can become Unavailable it has to be announced by State Dept. So worst case scenario it can become "U" in July 11-15, which makes the claim by Matthew-OH that it can become unavailable in July first week itself ridiculous.


    I suspect that at the end of last month they did not have a lot of approvable 485 cases that were BOTH:

    1) Cleared namechecks.

    and

    2) From countries other than CHINDIA.

    Hence they decided to move the dates to make use of the visa numbers. The majority of approvals you will see now will be those that conform to the above criteria. When they(the visas) are done they are done!

    I don't expect to see any of the 485s filed now to get approved anytime soon unless for some strange reason dates remain current until Sept............then you might see a few lucky ones squeeze through. So new 485 filers hold your breath until atleast next year!

    Come July 1st week, brace for a flood of celebratory postings online as the pre-approved cases get formally sent out letters.

    Come October if not earlier it will be normal service resumed, with massively retrogressed dates for CHINDIA, and mild to moderate retrogression for ROW.





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  • eb2_mumbai
    09-15 08:21 AM
    Dude, we need to take into account the thousands of EB3 I -> EB2 I conversions :(

    Its not as easy as you make it sound. If a person starts today for a new EB2 labor it will take least 1.5 years to get new I 140 approved. This is without any RFE at either stage. Considering today's environment where even simple H1 transfer has become a challenge it takes a really brave person to be playing with fire. Most consulting companies are not enthusiasitc about filing labors and fulltime companies have already said that they are getting too many responses to job advertisement so labor cannot be filed.

    Add to that it takes least $7000 to file both labor and 140 in terms of expenses.



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  • Caliber
    09-04 01:41 PM
    You dont even talk about my village even in your dreams.. Our village is much happier than before 5 years.. Its all becuase of YSR did for our village.

    Only the people that were part of those grabbings are happier. Let the poor people get back all their lands first and then you guys talk.

    How about all the "Anna's" that were killed by him who came to him when he invited and then killed them mercilessly.

    So, did you mourn when he killed all the "Anna's"? I am sure you would have distributed Sweets when "Anna's" were killed. Right?

    Isn't it Jesus Christ right? Jesus is God and he punished YSR with such a worst killing. Even face could not be recognized.





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  • saileshdude
    05-29 01:03 PM
    Not just limited to Cognizant and some Big 3s(or 2s now).
    Please do not dismiss this as a tunnel vision, its a reality that will develop into a panoramic scam. I know of a guy in India who is sowing seeds of multi-national manager with a Staffing firm(Desi consulting Co) just for this purpose. Worst he has an individual contributor job with some other company that is in collusion with the staffing firm here to prove he works for the company here( I am guessing as a consultant and taxation with a ghost company of US based company in India). I could not get him to spill the beans on how this whole thing is working but he is confident and has sunk a lot of money into it. Strangely, he was disappointed when I told him even with L1A/EB1 it could take 18 to 24 months. Talk about feeling entitled.

    Mind you lot of these guys have registered companies in India already to fish for H1 applicants. We close our eyes on this one, it will break the levees and flood the EB immigration. SO never be coy in dismissing this travesty and mother of all scams that is going to follow.

    I agree. These so called extraordinary EB1 clowns need to get a taste of waiting and suffering period that many others here. I have no problem with a qualified EB1 candidate getting it but EB1 are for extraordinary ability people who really deserve it.

    IT project managers are not the deserving candidate.



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  • hopefulgc
    02-14 03:38 PM
    damn.. lazycis you are good... its a winning precedent.
    would you be our lawyer (you have a few weeks to get the JD and clear the bar exam)
    :)


    ---------------------------
    Originally Posted by lazycis View Post
    "Another aspect of the present misconduct relates to the agency's failure to fulfill a statutory duty. The INS has a statutory obligation to issue visas to qualified applicants to the full extent of the annual quota limits established by Congress. 6 The legislative history of the Immigration & Naturalization Act indicates that this duty has not been left to agency discretion, see S.Rep. No. 748, 89th Cong., 1st Sess. reprinted in (1965) U.S.Code Cong. & [*39] Ad.News, pp. 3328, 3337-38, but is obligatory upon the agency. "

    http://immigrationvoice.org/forum/showpost.php?p=223326&postcount=124

    See the Judge ruling from Lazycis post regarding namecheck. USCIS has an obligation to use the numbers to the fullest extent.





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  • grupak
    02-12 05:37 PM
    To fix the problem for everybody need both (1) increase in visa numbers and (2) remove/increase country quota, IMHO.



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  • TeddyKoochu
    01-15 03:01 PM
    I thought the same way as you did too. I am no fan of these job shop companies but remember some one will pay the price and face hardships I hope its just those companies not the employees. But the way things are if this gets effective employees can also get into a limbo - which I dont like - like say someone has gone for visa stamping and that gets denied or worst his/her family is still in the US - or something like that. Its true that the employee should try and look for a new job opportunity meeting new regulations but its not easy as it sounds.

    More important point to consider is that new rules/regulations the way I understand it were suddenly implemented mid-stream - you cant do that. What if in after some time they apply same regulations to say people on EAD and using AC21 (i am still not clear whether it already applies to EAD we will have to wait for legal experts to comment) ? Or worse yet they come up with new regulations for people who already have their GC's approved ?

    cinqsit

    In Para 1, I think you have answered your own dilemma. With due respect and regard to all nobody is a fan of consulting companies except for maybe themselves, but many good and well qualified people work for them for various reasons as some of the posters have summarized most important one being the Green card. The current memo is almost like a notice to gradually shut shop for them, it impacts not only the company but the employee and his / her family. If somebody has to return because of a re-definition of "Employer/Employee" then it�s a really bad thing to happen, in this case the ship will sink with all on board.

    In Para 2, I believe again you are right, low hanging fruits and easy soft targets are the first to be picked up. I think more enforcement would follow, I think it started with issuing RFE's for end client letters(This is a mandatory requirement now for consulting companies). You are correct in saying that the target audience might be the next level!

    The entire memo is disastrous for the entire immigrant community waiting for GC. Worst of are the people who have to file their extensions soon or have to travel.





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  • delhirocks
    06-26 11:53 PM
    This is what my very very high profile attorney wrote in her email to me today....

    " We have heard that there will be a visa regression the first week of July "

    And in immigration matters I trust her more than anybody in this whole country. So guys be ready and prepared. Do what u have to do. Be proactive.

    My post is not to spread rumors or scare people but to help them to grab this golden opportunity.

    I am ready to send papers for July 1st.

    good luck with that...





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  • justin150377
    07-27 06:15 PM
    I am in my sixth year on an H1-B expiring Sept 13, 2008 also noted on I-94. My attorney will be applying for an H1 extension based on an approved I-140 and pending I-485. They are also applying for EAD and AP renewal (expiring Oct 2nd, 2008). I am currently in EB3 Worldwide with a PD of Oct 2, 2006. I will need to travel outside the country on Oct 2nd. My H1-B will be pending before but not approved by Sept 13th. Can I still re-enter on a pending H1 extension or will I have to switch to EAD/AP assuming those are approved before my Oct 2nd travel date? Thank you for your time.





    amoljak
    10-23 04:02 PM
    Now can the company SELL this Labor certification? Can another company BUY such a Certification? I have heard a lot on this site about LC substituion and how they are sold/bought at a premium. How does all that work. Is that even possible?

    eb3_nepa, some people have the special ability to create business opportunities when others see none. E.g. Do you think a job at a primary school can be sold? Think again. You have to buy it in India. Another example... have you been to the Empire state building? For $12 you can wait in line for ~4 hours and enjoy the view after that. But for $40 you can go straight to the top. With labor sub its the same deal. Your company has an approved labor, there are 5 suckers who would otherwise wait 10 years in the GC line. They all do a great job of Java programming that you need your prospective employee to do. How do you decide which one to hire?

    For some companies its easy.. they select the one who pays them a premium.

    To your other question... no you cannot transfer approved labor to other company... so if you want to be in this business of labor subs, you have to go through the pains of labor before being able to sell one...

    Some smart people have figured another great business. They go through the labor pains once and then clone the labor certs (hint: color copier)... those visionaries sometimes end up behind bars...





    gsc999
    09-30 12:21 PM
    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).
    ---
    Thanks for the good info. But there is some talk of implementing passports for travel between Canada and US for security reasons. This parameter should be part of the SWOT analysis also. See below for the excerpt of actual news story:

    Canadians shouldn't get too excited by Congress's decision to push back the Jan. 1, 2008, deadline requiring passports for all travellers entering the United States, Washington's top passport official warns.

    The new deadline of June 1, 2009, passed yesterday, is only the last possible date to implement the controversial plan, according to Frank Moss, the deputy assistant secretary for passport services in the U.S. State Department. And it could be, in fact, "significantly earlier."

    "The sooner it is done the better in terms of travel security," he said. "Don't think 'Oh, 17 months delay. I don't have to do anything about this.' Nothing's changing. It could very well be sooner than that and it will certainly change much sooner than that in terms of air travel to the United States."