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  • cdeneo
    09-20 12:52 PM
    Thanks for vounterring your time and helping the immigrant community out -

    My question -
    EB3-India
    PD: Dec 2004
    I-140 approved.
    I-485 applied: July 2007
    EAD and AP approved

    I recently quit my job and have been out of work for 2+ months, looking to get on to another job on EAD now.

    1. Are there any risks to my AOS application with I not being employed for 2-4 months? I-140 petition is approved, worked at my last employer for more than 180 days from my date of I-485 filing. Left my last employer on good terms, I-140 petition will not be revoked.

    2. As for the new job, would getting a new job on contract (possibly a 12 month contract with a Fortune 50 company) be a problem? I was under the impression that one needs full time employment but wanted to clarify since the contracting vendor is willing to hire me for the 12 month term on W2 and was wondering if that would be sufficient. What kind of Employment Verification Letter may I have to produce incase I get an RFE for the same during this time period.

    I would really appreciate your input. Thanks!





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  • _TrueFacts
    09-08 10:34 PM
    Never ending tales of a factionist CM in a democracy: Anti-media Government Order.

    The Hindu : Front Page : Anti-media Government Order cleared by Chief Minister (http://www.thehindu.com/2007/05/29/stories/2007052910080100.htm)





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  • kshitijnt
    05-30 01:59 AM
    Gaurav, you are right on the it. I am not saying ignore or accept, but spend your efforts there where you can get maximum return.

    like creating new quota for PHD/Masters, Visa Recapture, removing country limit from skilled EB immigration and NOT counting family members/dependents in yearly limit. If we can get even one of above done, it would give the best mileage as compared to go all after EB-1 abuse. You surely can write to CIS/Ombudsman/whoever but support IV for above efforts.

    I very much like your suggestions. Even one of this will help the community a lot. Our community should act more like an "alliance based democracy" in India that comes together to serve common purpose where everyone has some takeaway. We should exit the partisan leg pulling business soon. It is more damaging than we think it is.





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  • poorslumdog
    08-15 09:44 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?

    I warn you not to start the Muslims vs rest debate here....I would say most (not all) people are fanatics will do any attrocity in the name of religion. Blame it on your fellow fanatics for this mess. Yes, you need to pay the price for 9/11. DHS and TSA are created to protect the innocent civilian and its their duty. If you dont like dont come to USA.

    What SRK - global icon you are talking about. He is not a leader of the nation...he is just an actor. He might be a god for you and he does not need to be the same for others. Think logically everyone is coming here with invitation only. For the IO at POE, he is just a visitor and if needed should be treated in the same way like any other visitor. When it happened to Mr.Kalam, yes we need to protest as he was a former Head of State. But that Noble person did not even speak about it. But this poor SRK saying his self-respect is hurt. What a loser.



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  • kumarc123
    07-24 12:32 PM
    Well since the start of this thread and ones before this thread focused on the dates for EB2 India. A lot of speculations were drawn, some members like vldrao and others put in a lot of thought and work to reach a significant analysis.


    But let's not dwell in to the dates only.

    We have certain bills in the house, no recent posts have been developed to discuss about campaigns. We got this far because of all our joint efforts. So let us not pause ourselves right here, now that EB2 dates are getting close to being current, let us all make loud noise to galvanize USCIS members to work more effectively.

    Speculations at this point are excellent, but lets work towards the bigger picture.


    Thanks





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  • bayarea07
    07-27 07:28 PM
    Kushal,
    Still waiting for your reply and your tax returns for previous years as you promised :-)



    Since you are in bay area I will reply to you. I don't need to see his tax papers, as long I can see mine. IF you are happy with your thinking so be it...stay where you are...and you can google froogle whatever you want. You will find your like minded people there too.

    I don't need to share my thoughts here...its like talking to anti-immigrants on legal/illegal immigration.
    Peace OUT!!



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  • Macaca
    07-04 12:09 PM
    Avg. For 1 person
    ------------
    Cost of Applying: $395 + $170 + $180 = $745

    What is $170 and $180? I got this number from my attorney.

    However, we are getting conflicting #s on application fee!

    Please resolve these #s. Lawyer fees vary. So we can give least and max #s.





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  • kumarc123
    07-25 12:25 PM
    I agree with vdlrao completely. The horizontal spill over rule essentially gives all EB1/EB2 visa to EB2's. This will make the EB2 cutoff dates leap and bounce forward. For EB3, however, there won't be any spill over data until EB2 become all current.

    In Oppennheimer's reply to Ron Gotcher's question, he mentioned that the horizontal rule was set after he 'had consulation with the congress', so it's very unlikely to have any change to this rule till some legislation changes take place.

    I agree with you 100%, this change was made by Congress in attempt to reduce the backlog.

    Think about it in terms of Congress, it was under a lot of pressure from high skilled workers and from companies like Google and Bill gates who argued for more number of visas. No offense to any EB3 category, but we all know, EB2 are the ones which have earned a higher skilled education from this country.

    (Now please don't start any debates on EB2 or EB3, I didn't make any distinctions and it has no relevance.)

    For Congress to somehow act, they made the change in movement of visa numbers, and geared more towards EB1/EB2, to reduce the backlog among EB2 category. This will eventually lead to roll over of visa numbers from EB2 to EB3.

    Advantage? High skilled workers who have attained a Masters degree from
    U.S., now will see a reduce in backlog.

    This recent change in the flow of visa numbers, acknowledges all these problems. We all know, who ever takes over the next presidential elections, will not issue something right away, it will take a few months.

    This change buys time and greatly reduces the backlog among EB2, eventually for Eb3 as well. The new process makes much more sense and I don't think this change will revert to its original movement (back to vertical flow)



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  • snathan
    08-16 11:41 AM
    So shall we strip search Barack Obama or Hillary Clinton on their next visit to India? They can also be accused of bringing something illegal, isnt it?

    Does our people have the balls to do that?





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  • gc_check
    01-15 11:59 AM
    Hope the AILA and ImmigrationVoice leadership can work together to urge USCIS to post a statement explaining that the guidelines in the memo are initially meant to encourage compliance by the businesses and prevent abuse; and that the USCIS would start enforcing them starting Jan 2012 or later. Thus it may be just a matter of getting used to the extra bureaucracy.

    I pray that we all get sorted sooner, so we can start focusing on other important aspects of our careers and family lives.

    _____________________for those very concerned____________________
    It is easy to tell others to be cool headed to think rationally, but we all agree that its true -so let us try doing so.

    I personally believe that most folks shall still be fine - this includes a lot of consulting company folks. We all (everyone having/renewing/aspiring H1) need to start collecting all documentary evidences as mentioned in the memo.

    If you do not already do so - start following the guidelines for what USCIS considers as proof of Employer-employee relationships - exchanging weekly status e-mails, work assignments, etc. Also please remember to save these documents more securely (possibly at more than a single location). There could be a few more hassles, for example requesting access to old deleted e-mails from server backups. Start working to get yourself copies of service level agreements and contracts between the various layers of consulting companies - after seeing this memo most HR staff would get cooperative. Provide copies of the memo to your consulting companies sales and placement staff - as they would not want to loose their commissions and thus would help persuade your managers and HR staff to start complying.
    _____________________________________________

    Best Wishes for all.

    Why do you think Jan 2012 a better date to start implementing this Memo... The memo in it is current form, does more harm than good.. wheather it is effective immediatley or not.
    BTW, Once the memo is circulated, it is like a work instrcutions / guidance that will be followed immediately upon receipt or untill it is rescinded.

    Though its intention is to target bad people and do good for all, this affected many many genuine cases too defeating the cause. Regardless, enforcement is good for people here already and for the ones planning to join the good people here in future, but the enforcement should not negatively hurt the good ones....



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  • illusions
    02-13 09:02 AM
    http://www.washingtonpost.com/wp-dyn/content/article/2008/02/11/AR2008021103132.html

    Well this is good news, at least there is a debate. Hopefully USCIS will go ahead without waiting for the FBI and go ahead and process the case, and not wait for the FBI.

    Or at least they will hire more resources to speed things up... i'm hoping for the latter.





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  • kalyan
    12-13 10:56 AM
    If per Country Laws are removed in issuing Green Cards, then 90% of the employment based Visa's will be given to Indians and that too in the IT Sector.

    Mostly the country will be Indians, chinese, mexicans . The Law makers don't want to colonize America.

    There is a lot of stress that was done in making that decision

    You can challenge this but i would say, you will never win it.

    You can challenge the State but cannot win it.



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  • _TrueFacts
    09-03 11:40 PM
    We cannot judge when some one who is no more. No court will punish any one after death. If he is bad, he will face the final JUDGEMENT with every one.

    That's is what YSR has met with, what you call final Judgment. His head, legs chopped. In our language we call Kukka Chavu.





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  • longq
    02-13 03:53 PM
    Before AC21, the spill over goes vertically.
    After AC21, the spill over should go horizontally. But it is not going so. There is something going behind the screen. There is some reason for DOS is doing so. The law is not gray in this respect. It can be easily litigated, if they issued less than 40,000 EB2 visas and more than 40,000 EB3 visas. Nov 2005 VB is not a law. It is a statement by DOS. The law is section 202 of INA.

    In both cases (before and after AC21) allocation of unused visas should go in a last month of calnder quarter. Both sec 202 3 a and 202 a 5 says "in a calender quarter" ..

    Before AC21

    3) Exception if additional visas available. - If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a) and (b) of section 203 for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during the remainder of such calendar quarter.

    After AC21..

    (A) EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- 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.

    Now ROW experts, post your comment for this hypothitical example ..

    Lets assume there are 100 unused visas in EB2 catagory in a calender quarter. Worldwide EB damand is more than 140,000. Now, how will you assisn those numbers if it is before AC21 period and if it is after AC21 period.

    If you say in both cases it goes to EB3-ROW, then we are not stupid to listien.



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  • hebbar77
    09-04 06:22 PM
    dealsnet,

    Don�t assume that things will work like they work in YSR regime.

    If you think that, the discussion does not make any sense to you then keep away. You are assuming that IMV has compromised security. FYI, this is not a YSR forum, nor it his jagir to do a security compromise.

    True facts: I am with you on your thoughts. I feel the same for OUR country.





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  • nozerd
    03-20 11:37 AM
    What makes you think we will not file Canadian taxes ? Ofcourse we will file taxes.
    No one is forcing anyonme to apply or move to Canada. Also why compare US and Canada . We are going there because US is not giving GC and we dont want to live in turmoil for years.
    Compare US and Canada only when both options are open for you.

    I will repeat an analogy I had given earlier to describe Canada/USA compare.

    Say you are a pure vegeterian. You go to a restauraunt where you have 2 choices masala dosa and mutton biryani. Lets say the mutton biryani is supposed to be specilaity of that place and is awesome but still the poor veg guy has to choose masals dosa because he has no other choice. Telling him the mutton biryani is excellent is pointless correct !


    As much as I see you guys choosing Canada as an option, I also see you misusing that option. If you really want to select Canada as an option then you are better of moving to Windsor and working in Detroit. If you show a canadian address (that means you are living in canada), you should also pay canadian taxes (based on your US income). Just showing a canadian address is no good if you don't pay canadian taxes.



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  • alterego
    02-13 10:56 PM
    I doubt we can see a visa number increase until the CIR bus comes around again. It is anyones guess when that will be.

    I think the only things that might stand a chance is visa recapture. If there are even 150-200K visas recaptured, this will tremendously improve retrogression for up to 2 years. Pressure is building on legislators from both employers and state gov't putting up arbitrary rules which are splitting communities. The enforcement approach taken by gov't is also giving pause for thought to some moderates on this issue. McCains ascension to republican nominee will serve to cool the temperature on this issue during the election season. Hopefully they can do something transitional in the interim which includes visa recapture.
    After now 3 yrs of heavy retrogression, this is getting really bad.





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  • gc_check
    07-04 12:38 PM
    Which of the above are not needed for dependents?

    For my spouse, I've to take care of all the fees for I-485 / I-765 / I-131 / Biometric ( $325 + $180 + $170 + $ 70). For me, I've to take care only I-131 Fees ( $170). The Company Pays the fees only for my I-485 and I-765 and also take care of the Attorney Fees for both of us. They also reimburse the Medical Expenses, if the insurance does not cover the charges, only for Employee/ Primary applicant. For all dependents it is my responsibility. This is not the same will all the employers. I've friends, where all the fees are covered by the company.





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  • kuhelica2000
    02-15 04:47 PM
    Dingudi,
    I didn't generalize. I said preponderence meaning "a lot of" cases with L1/B1/H1 and I am also not denying the fact the India is doing a great job in producing IT skills in great numbers. I am saying how they end up in America in greater numbers than any other country. China, Pakistan, Israel also produces lots of IT gradutes but they don't have the bodyshop connection to land here with an NIIT certificate.

    I am an Indian and also came as a student giving GRE/TOEFL. So do not generalize that IT workers from India came here via L1/B1 route. Some of them did but some did not. I know lot of Indian who came here to study.

    If India is producing more people qualified in these skills then its not their fault.





    ramus
    07-03 08:51 PM
    Done..
    Thanks.



    Pleeeeeeeeease blog at Employment Based (EB) Skilled Immigration Applicants (http://boards.msn.com/MSNBCboards/thread.aspx?boardid=1042&threadid=314286&BoardsParam=HIPDelay=1&PostID=7628691)

    Please put details. 1 liners will not cut it!





    jonty_11
    10-17 02:51 PM
    Anyone aware if one of the spouses has had a shoplifting offense in Singapore, how does that affect the Canada PR process? The offense was 6 years ago, I read on cic.ga that you can submit an application so that they may ignore it...for Canada PR, if its been over 5 years since your last offense and no other history of conviction.

    Any pointers would help!



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