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Sunday, June 19, 2011

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  • desi3933
    01-31 05:51 PM
    Thanks a lot Desi3933. I dont have words to thank you...

    Another question - Once she gets on EAD does she have to get paid for 'x' number of period (Say 15 day or a month0 on EAD? And then when she re-enters on h1b (Nov 15 2009) then she will get paid from Nov 15 - Dec 31, so for year 2009 she will just have Jan month and 15 Nov till Dec 31 2009 on w-2. Is that fine since all the other time she was on EAD or out of country.

    That would be absolutely fine.
    Also, she will be maintaining H1 status. That is always good to have when I-485 application is pending.

    ____________________
    Not a legal advice.
    US Citizen of Indian Origin





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  • NKR
    10-15 03:23 PM
    Most immigrants and potential immigrants are within Top 20% of US population.

    Can you tell us from where you got that information?.





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  • tapukakababa
    07-18 11:30 AM
    I checked with someone who has hired Rajiv Khanna and they said the same thing to him. So far, they have not generated any rejection notice for any application filed on and after July 2nd. Since this came from Rajiv Khanna I would think that it's some what credible information.

    We will just have to wait and see till our checks get cashed!

    see my earlier post





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  • chanduv23
    09-02 12:32 AM
    All the NJ members - it is very critical that you all attend the rally. As this chapter has been lying dormant for a while, we decided to merge this into the tri state and a lot of NJ members are in the tri state chapter. Those of you who have not joined the tri state chapter, please do so by joining the tri state chapter at

    http://groups.yahoo.com/group/immigrationvoiceny/

    We are also in need of volunteers to help us in the flyer campaign in the tri state area with main focus on New Jersey.

    Please vote your willingness to attend the rally at

    http://immigrationvoice.org/forum/showthread.php?t=12872

    Also if you want to ride the bus please visit the thread

    http://immigrationvoice.org/forum/showthread.php?t=12567

    Please PM me or tnite or mpadapa or singhsa3 if you want to volunteer for action items.



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  • caydee
    06-13 10:10 AM
    I'm sure something is cooking in the senate cauldron. The CIR will be back and I don't expect these conclaves to result in any radical H1/EB changes.

    Like Obelix we will not get any magic portion as we all fell into it when we were born....





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  • ivbabu
    10-25 04:24 PM
    My details are as under



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  • hpandey
    04-09 05:41 PM
    On the same note, Kumarc123, it is hard to see them working with 2001 EB3-India category for more than 5 years. 245(i) or not...still 5 years...how about that.

    Anyway, my point is let us leave predictions. USCIS gave their predictions way back in their Jan 2010 bulletin. Maybe we all should stick with what dates they gave us than we trying to predict.

    Now another venting, more calculations, more uproar everything will continue for 1 more week from our members...:rolleyes:

    I completely agree with you . For five years EB3 is stuck in 2001 that means people who came here 10 years back are still waiting. Something needs to be done by someone somewhere but I guess no one has any idea who can ( except the congress ) .

    All of my friends about 10-15 of them who came with me in 2000-2001 timeframe got their GC's and their citizenships in EB3 ( none in EB2 ) and I am still hanging .

    I wonder what was that which made their application go by light speed and my application go into a blackhole :)





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  • drirshad
    08-07 07:26 AM
    Guys does RD change every time we get a I-485 notice. The first receipt I got shows correct RD as July 02, 2007 then the second notice that was send Oct 07 to say my case has been transferred to Lincoln has an RD of Sep 08, 2007 does this RD change every time the receipt notice is sent. Does it matter if it changes.



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  • Jaime
    09-10 12:41 PM
    You are reminded often that you are a second class citizen - There is so much of this...where to start? How about renewing a driver's license? Cannot do it unless you bring your immigration papers with you, and then you are given a driver license only for the duration of your current visa extension, and that is if you're lucky, as it often just gets denied.





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  • feedfront
    10-14 12:18 PM
    FeedFront
    I got the radiologist's report. Its on an official letterhead of the hospital and it includes his findings, recommendations etc. but it doesn't contain his signature. It only says "Read By: Dr. XXX and Prepared by: Dr. XXX. Nothing is handwritten, its all in print and the top portion says Radiology Report. It includes all my information including my DOB etc.
    But the RFE says that the Radiologist's report should be on an official letterhead and signed by the Radiologist.
    When i called the Doctor's office, they said that these documents are received electronically and are E-Signed so there won't be any signatures as such. They have mailed me a sealed copy but I'm wondering if this will be a problem since it doesn't contain the Radiologists's signature.
    Any inputs on this would be appreciated.

    Thanks,

    I've not seen any report with person's signature. It's valid/acceptable as long as it is on letterhead. Even my last two reports (X-ray) did not bear Radiologist's signature and is same as you mentioned. Hope it helps.



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  • Ineedsleep
    01-29 02:41 PM
    at last something Im not embarassed to submit!! like the 25 line code contest :hugegrin:





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  • prioritydate
    12-20 07:03 PM
    Please lookup 245(k).

    http://www.law.cornell.edu/uscode/html/uscode08/usc_sec_08_00001255----000-.html



    So basically if you are applying for employment based immigration adjustment of status(meaning I-485) under EB1 EB2 or EB3, (that's what they mean by paragraph (1), (2), or (3) of section 1153 (b) in the above text), and if you have not voilated status for over 180 days after your last legal entry into USA, and if you were in legal status at the time of applying for 485, then you may adjust status.

    Now, a really good idea would be that you disclose this whole thing at the time of filing 485 and also claim the benefit under section 245(k). Since its apparent that you have not done it, I would advise to leave it alone and dont dig up old graves.

    Consult an attorney for further advise, but dont go overboard in being Raja Harishchandra (the chronic truth teller) because frankly USCIS may not care about this and you can always claim the benefit under section 245(k).

    However, if USCIS finds out about this (which is very very unlikely) and if the officer is a very strict person, then they may create a case of wilful misrepresentation. That's because on form I-485, it says that "have you ever been out of status or illegal and if so, provide details". In that question, if you didnt disclose your past history of being out of status ( I am assuming you were out of status and not illegal) then basically, in theory, they can say that you wilfully misrepresented (basically lied to them) by hiding this.

    One option is to file an amendment to your I-485 and disclose this fact. That way, atleast they cannot make a case of wilfull misrepresentation. Nonetheless, remember, for them to find this out (about you not working and sitting at home) is difficult. Unless they somehow ask for your W-2 and paystubs for past 6-7 years and in that case it will be very easy for them to see that you were not working for 1 year.

    Consult an attorney and tell the attorney all the details. I am not a lawyer and you should always ask a lawyer for legal advise.

    Thanks for the clarification, Logiclife. I enter U.S in the first week of Feb, 2001. The economy was bad and I didn't manage to get a job. In fact, I didn't managed to get a job for a year. My then employer didn't revoked my H1B and the I-94 was valid until Oct, 2002. I didn't know that I was out of status till now. I don't remember seeing any section in I-485 form, asking for information about out of status. I did attach my previous H1-B approval notice(2000 -2002) while filing I-485. One thing I want to know is, did anyone got a query(RFE), asking to provide all W2 forms since their entry into this country? I am interested to know that.



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  • kondur_007
    06-08 07:01 PM
    There is going to be no spillover to EB2 India at all because according to the thread "Employment-Based Visa Number Movement and Predictions - from current Murthy Bulletin" thread Mr. Oppenheim (the guy from the DOS who sets the visa bulletin) said that EB1, EB4 and Eb5 might also retrogress (that is have to a cut off date which means they will not be current). If EB1, EB2 and EB5 retrogress and there is no spillover from EB2 ROW and there is no spillover from Family based visas there will not be any spillover to Eb2 India at all. There is absoluetely no difference between Eb3 India and Eb2 India except that EB3 India will be stuck in 2001 and Eb2 India might be stuck either in 2002 or early 2003. We are screwed for ages to come. Dont give me red for bringing this harsh reality, I myself am depressed

    Nobody should get red for expressing their thought!! So if at all I give you some, it would be only green!

    coming to your point: Even in the thread you referenced to, I have posted a comment "Mr. Oppenheim's statements do not add up...his statements logically contradict each other (well you can not expect LOGIC from USCIS). and so the exact scenario will only be clarified with VB, date movements and finally, their year end statistics".
    Accordingly, moving the EB2 I and C together, they have proven that "they are getting ready to spill over". Moreover, EB2 China has used up "its own quota" and will need spill over to move. EB2 ROW on the other had has not used up "its own quota" and will not need spill over (as it is current and not together with India and china). So any spill over from EB1 will come to EB2 India and China (effectively only to India). And if EB2 ROW does not use up their remaining numbers (which they have not so far) during the rest of fiscal year they will also spill to EB2 India.

    Now as far as future of EB2 vs EB3 is concerned, I personally believe (and this is just my personal belief....) that unless EB1 (specially EB1C) gets oversubscribed (as mentioned in other threads), EB2 should move quickly during next fiscal year. EB1 usage can only be known from year end data as and when they publish it.





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  • desi3933
    02-11 01:03 PM
    http://www.travel.state.gov/pdf/FY09AnnualReport_TableV.pdf
    Family based visa used for FY2009 = 215,343
    Family based immigrant visa numbers = 226,000

    Unused visa = 10,567
    available for employment based visa numbers for FY2010.

    *********
    http://www.travel.state.gov/pdf/FY08-AR-TableV.pdf
    Family based visa used for FY2008 = 226,105
    Family based immigrant visa numbers = 226,000

    Unused visa = ZERO
    available for employment based visa numbers for FY2009.


    Always go by the facts.


    ___________________
    Not a legal advice.



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  • rimzhim
    01-28 11:04 AM
    I don’t want to start another war here but all I am asking for is a fair treatment of people and not discriminate against people based on country of birth. One of the reasons I left my country, India, is because of the discriminating that exists there in terms of "reservations" where everything is reserved based on your caste for 50%. Now please dont tell me reservations and country cap are different, they are not different they are the same. they accomplish the same purpose in case of skilled immigration.I never thought such a thing would happen in US but it seems worst here because Indians and Chinese make up almost 70 to 80% of H1 (which is dual intent) but when it comes to employment based green cards (which are based on H1) Indians and Chinese combined get only 14% of the visas, don’t you see the tragedy here? Why don’t they enforce the country cap on H1 also, that way people from India and china will not have to suffer worse than others? But US is a competitive country, they want the best available talent for H1 and that’s the reason they don’t put country caps on H1.

    Take my case for example, I have come to this country in 1999 on F1 and have been working and paying takes since 2001. I am not even able to apply for 485. If I get laid off now I will have to leave US next year. Contrast this with somebody from Taiwan, UK or some non retrogressed country. In some cases they can get green card within the first year of coming to US. This is not a hypothetical case but a scenario which is happening quite often, especially in EB2. In my own company I have seen people (6 so far) who are 5 years junior to me (i.e joined the company 5 years after I did) get a green card where as I am dazed and confused and haven’t even applied for 485.

    I totally agreed with country caps in non skilled immigration, because the only criteria is that you don’t have any diseases and don’t have a criminal background. But in skilled immigration it does not make sense to apply country caps unless you apply country caps in H1. but US is a competitive country, they want the best available talent for H1and that’s the reason they don’t put country caps on H1.
    I understand your plight, but then the solution is to put a country cap to H1. Also, I respectfully disagree with comparing your situation in regards to caste etc in your country to country-cap based quotas in the US. This has only happened because the number of H1s for many years exceeded the number of GCs allowed every yr. The US does believe in some diversity which is why they have affirmative action, and the country cap has been imposed in the same spirit. Affirmative action will not go away from the US even if it is, as you say, same thing as caste-based reservations in your home country. I agree: there should be a country cap on H1 also and the total number of H1 per yr should never exceed the number of GCs per yr.





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  • sen_raju
    09-19 10:39 AM
    Yes, I agree we should change the name to LegalImmigrationVoice. I feel a gr8 sense achievement and satisfaction that I was a part of the rally and was carrying Florida's flag.
    Yes we need to put the word LEGAL everywhere. Even at the airport and in the flight after looking at our T-shirts people were asking what we were demanding. It was not clear to them whether we are legal or illegal and so we had to explain them.
    Also we should not narrow it down to India and China only....May be in future it will be a good idea to check with the speakers what they are going to talk about.
    Overall it was a gr8 effort and hope we will have more turnout in the future.



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  • BharatPremi
    03-12 04:38 PM
    a. Background check: They are currently doing my background check. How long does it take to complete this process? Even though I do not have any bad history still a little nervous. Is there anything I need to know about this?
    Sathyaraj

    I am assuming here that you referred Background Check done by future employer as a part of employment offer before granting you the final offer. In that case mostly your employer might have contracted that to third party. And if that would have been the case then it solely depends upon where you resides now and how many states you have moved so far from the date of first entry in uSA and what kind of new implementation all those states may have. Some states even gives "Red Flag" for traffic violation such as speeding. What happens is that, that third party would see only "red flag" and would not come to know about underlying cause of the "red flag". So as a process that third party first come to your future employer notifying about this " red flag". Then your employer decides to query that further having signature from you and would notify third party to dig further and then third party will go to state police to know the underlying cause and state police will work on that by taking fee and and some point of time it will say " hey he had traffic violation". So it may eat up 3 to 4 months to finish the whole cycle and ball is in your employer's court whether to hire you or wait to hire till then. Most companies hire without wasting time and afterwards if something really serious feedback comes in will boot you otherwise you will be fine.





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  • vdlrao
    07-19 12:11 AM
    We need a realistic estimate of how many applications are pending with PD in 2004. Another thing to bear in mind is the conversion from EB3->EB2. That is also going to hinder the movement of EB2. There are a lot of people trying to use that route.

    Yes there would be definetely jumpings from EB3 India to EB2 India. But having allotment of 10 times more of VISA numbers for EB2 India, I presume time is very near by for EB2 India to be current.





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  • chanduv23
    09-26 12:13 PM
    Excellent team work IV - now lets all thank her for changing making the correction.





    Jaime
    09-18 09:15 PM
    First, I would like to congratulate everyone who contributed to the success of the DC rally on Sep 18, 2007...

    I was there and I am proud of our ImmigrationVoice members for this FANTASTIC effort!

    We are just starting and taking baby steps with these kind of activities...So, anything I mention below is not a critic, but a humble feedback/opinion...Please don't get offended.


    1. We must immediately change our name to LegalImmigrationVoice.org( LIV.org)...But still Immigrationvoice.org should work....This should be done ASAP...like within next week...Please conduct a poll for this ASAP.


    2. We must/should always wear formal suits for these kind of rally....this would definitely give us a very high status and definitely there will not be any confusion if the rally is by legal or illegal immigrants. Even if it is hot summer, we must stick to this dress code...


    3. In all the signs we had today, we need to have one line clearly in bold as "Legal Immigrants - LegalImmigrationVoice.com - Faster Green cards for Legal highly skilled Immigrants" - bold and clear..

    Also, all our T-shirts should have
    "Legal Immigrants - LegalImmigrationVoice.com - Faster Green cards for Legal highly skilled Immigrants" in the back

    4. One of the rally participants told me that a guide was telling a tourists bus passengers quote "these folks are illegal immigrants...", the rally participant who heard this went to the guide and explained that we are legal immigrants...if you think the guide is not smart enough to read our signs and understand that we are legal immigrants, read next point...

    5. On the rally route, one gentleman, who was dressed in suit, looked well educated came up to me and asked what we are concerned about...I told him that green card process for Legal Immigrants is taking between 5-10 years and we are requesting to expedite it.....so it is clear that all our signs need this text at the bottom "Legal Immigrants - LegalImmigrationVoice.com - Faster Green cards for Legal highly skilled Immigrants"


    We cannot be perfect the first or second time....Lets learn from this rally....


    A pat in the back to all those who attended the rally....

    Good Luck


    I totally agree, even the congressman that addressed us had the two (legal and illegal confused and lumped together) He was great otherwise, but it's just that Congress and Americans are so used to associating the two, or they plain don't know about "legal highly-skilled". A major next step we need to undertake is education! Whenever we've explained the difference to our American friends they wholeheartedly support us!





    perm2gc
    01-05 02:59 AM
    An idea!!
    Lets just put our post on codeguru.com , expertsexchange.com etc etc....
    I'm pretty sure lot of techies visit there from all kind of nationalities.....
    Good Idea..Can you post in those websites and post the details here.
    Thank You



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