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  • fide_champ
    08-17 01:59 PM
    Due respect Chanduv23 - I believe there are a million and more who've done better and fought tougher battles. I'd think some of them are here on this very forum. I may not have had an opportunity to grow up in India - however, I'm pretty sure - in fact quite certain, the sort of b'wood trash dished out, is nothing representative of Indian culture and ways of life. Most of the stuff encourages ills of American pop culture and feels desperate to the point of being foolish wannabees - and you know what's really sad -- that people from a nation with such incredibly history & culture need the feel to ape ills of American pop culture and the likes. As for Shahrook Khan - the man CAN'T act - unless you think some sort of speech disability, lip-synching songs (sung by folks with actual talent) and running around foolish women in skirts is talent and form art?! I wish the admins would remove the silly post from the forum.

    It doesn't matter. The topic is about what the immigration officers are doing to the innocent civilians. In this case it happened to be SRK who everyone knows but it is happening to everybody. Just because his last name spelled as khan, can they interrogate every khan in this world?





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  • cableman
    05-10 09:29 PM
    Thanks cableman.

    I did read that part and hence my question was if I am in the fourth/fifth year of my CA PR when I decide to go to CA, will I be allowed at least in the country.

    Another question was if I am in my 4th/5th year and know that it might take me another year before I go to CA, can I apply for CA PR again, even when I already have my CA PR OR if I apply for my CA PR immediately after my current CA PR expires, would I get it again (assuming I have the necessary points)

    Thanks again to everyone who tries to shed some light.

    Be honest, I don't know the real answers. You should find a lawyer to discuss this. I just share my thoughts. For your first question. I guess you should have no problem to enter Canada as long as your Maple card is still valid. However, I think when you renew your Maple card, you will have problem. For your second question. I think you can't re-apply PR as long as you still have the PR status. I think you may have to wait until your Maple card expires. I don't know the successful rate of re-applying PR. Enough point is one consideration, your intent to stay will be another consideration. I will be surprised if the immigration officer won't question you why you gave up the last PR status. You must prepare a good answer. Let me put in this way. Consider yourself is the immigration officer, will you question the applicant who gave up the status and re-applied again? Last advice. If you want to keep the PR, you should find a good lawyer to discuss the possibility of explaining to Canadian immigration why you need more time to move to Canada.





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  • voldemar
    02-13 12:25 PM
    And how do you support that argument please ?
    It's in the law. Read INA before going to bed.





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  • venetian
    05-11 06:33 PM
    Illusions,

    If BBC, AFP, AP & Reuters are considered a reliable source of information, then what is happening in Sri Lanka is genocide.

    venetian, you could say that the Tamils in SL were just as a much discriminated in SL as the Muslims in India.

    There is no such Genocide happening in SL as some claim. As a matter of fact the LTTE ethnically cleansed the Muslims from the NE of the country in the 90's, yet the Muslims in SL didn't bare arms against the LTTE.

    Mind you the civil war in SL is against the LTTE, not the Tamils.



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  • smuggymba
    07-27 01:01 PM
    "..veracity of this statement"
    Sure pick up the phone and dial IRS, or call your accountant. Or your lawyer if you want to play it safe.
    Other people doesn't do or will never do anything, other then wearing pantyhose and tip toeing through the tulips.

    I don't have time to spend on quixstar professionals or their business. I don't give a rats arse if quixstar is legal or illegal on H1B.

    I just repeated a comment that someone else made. If you know it's legal, that's all that matters. Good luck.





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  • bazuka6
    06-13 09:12 PM
    Don't think of it as punishment. The US wants to allow a certain number of people to immigrate each year. The demand far outstrips the supply. That's where the problem is.

    There are two ways to address this:

    Increase the supply
    Decrease the demand


    Those are the only two ways. One option would be to go for a points based system that awards the limited visas to those with the best qualifications or where the need is greatest. After all the US is in a "buyer's market" and can pick and choose those immigrants that add most to the country.

    The other option (which is at present politically infeasible) is to increase the annual immigrant quotas. Tough to support this in a recession with 10% unemployment.

    I'm not sure you can characterize this as unfair... ultimately it is left to the US to determine how many people they want immigrating.

    so what are the ones that fall below on points supposed to do ? pack and leave after 10 plus years of being here ?



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  • sledge_hammer
    01-14 02:01 PM
    A vrey very valid point!

    don't you think. AC21 (the famous Yates Memo) is also a memo. People expect USCIS to follow it though.... :o





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  • samay
    07-14 06:43 AM
    Hi,
    I (EB3-India, PD Nov 2002) got approved last year. We were only able to file my wife;s I-484 days before my approval. We are still waiting for her GC as my PD is no longer current. Is there any way she can get her GC quickly?

    Thanks,
    485_spouse

    Sorry she will have to wait for the your PD to get current.



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  • kuhelica2000
    02-13 12:02 PM
    That is absolutely not true. Unused visas from under subscribed countries are made available to over subscribed countries.





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  • Keeme
    07-29 10:59 AM
    Hi,

    Here is the case : I'm working for company A since long and has an H1B valid till Mid 2010.
    Company B has sponsored a GC for me. Its EB3 - India with PD Mid 2003 and I485 was filed on June 11 2007. Waiting for PD to be current.

    EAD was applied on 06/27/08 and was approved yesterday for 2 years.

    In this case,

    1. Will be advisable to start working with sponsoring company B on EAD or continue with company A which is holding my H1 and where I'm right now ? Since there is no direct employment relation between applicant with company B, I think its better to join GC sponsoring company sooner than later. I was on Company B's payroll for 2 years in 2002-03

    2. Will it be considered under AC21 ? Should USCIS be informed on that change ?

    3. What will happen to my H1B status which is good and valid till mid 2010 ?

    5 About dependants, my wife has applied EAD few months back and already started working with her approved EAD. My son is having H4 status.
    Any issue for them if I use EAD and move to company B ?

    4. In case I want to join some other company or start own business in near future, What will be the best step today in order to avoid any problems in GC process or after having GC ?

    Let me know If I may not be that clear in explaining my situation.



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  • another one
    12-13 02:00 PM
    Since SC has already decided on the matter, does this rest this discussion?


    Here is what the Supreme Court said:
    http://supreme.justia.com/us/426/67/case.html

    "The fact that all persons, aliens and citizens alike, are protected by the Due Process Clause does not lead to the further conclusion that all aliens are entitled to enjoy all the advantages of citizenship or, indeed, to the conclusion that all aliens must be placed in a single homogeneous legal classification. For a host of constitutional and statutory provisions rest on the premise that a legitimate distinction between citizens and aliens may justify attributes and benefits for one class not accorded to the other; and the class of aliens is itself a heterogeneous multitude of persons with a wide-ranging variety of ties to this country.
    In the exercise of its broad power over naturalization and immigration, Congress regularly makes rules that would be unacceptable if applied to citizens. The exclusion of aliens and the reservation of the power to deport have no permissible counterpart in the Federal Government's power to regulate the conduct of its own citizenry. The fact that an Act of Congress treats aliens differently from citizens does not in itself imply that such disparate treatment is "invidious."
    ...
    The real question presented by this case is not whether discrimination between citizens and aliens is permissible; rather, it is whether the statutory discrimination within the class of aliens - allowing benefits to some aliens but not to others - is permissible."

    The SC concluded that the statutory discrimination within the class of aliens is permissible.





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  • Lasantha
    12-14 05:29 PM
    Yes, now that does look fair to me.

    Even if we raise the limit to XYZ from 140000, if we still continue with 7% quota then applicants from India/China/Philippines/Mexico would still be retrogressed. It is not correct.
    Let everybody have a go at GC and let it be FIFO, irrespective of the nationality. This is EB and why use diversity if we do not use at the initial stages of bringing people from other countries on H1/J1/L1. These are the people who apply for GC.
    1) Increase GC numbers.
    2) remove per country cap
    3) Remove dependents from GC numbers.

    All above should go in simultaneously for a 'FAIR', 'NON_DISCRIMINATIVE' solution.



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  • red200
    01-15 06:51 PM
    This new rule of USCIS, effects every one. In one way or the other. if the rule is enforced strictly
    1)The unemployment increases (Paralegal staff, lot of americans working for consulting companies(IBM, TEK systems, accenture etc.., Immigration Lawyers, uscis personel, staff.. You name it)
    2)It effects Greencard holders or EAD holders not directly but in one or two years because outsourcing increases.
    3)F1 students mainly (man how are these guys going to survive if consulting companies cant apply for them)





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  • gjoe
    02-16 11:26 PM
    If you want to use AC21 and your current employer is playing dirty tricks like withholding you pay without any legal reason or trying to arm twist you into staying with him please try this following you would win without fail.

    1) Try to negotiate with your employer and make sure you don't compromise on your paid leave balance, last few paychecks and experience letter.
    2) If he is trying to scam you out of as much money as possible before you leave try to preserver all the written communication you had with him to recover your money.
    3) With all that paper work you have enough ammo to get all the money back and shut your bloodsucking employer.
    4) Call the sucker and tell him that you are sending a letter to the USCIS with CC to the president, congressman of your district and your state senator regarding your problem. Add in a couple of news agency names on the CC list just for kicks

    You can never go wrong with this plan, you will get your money back within a few days.

    BTW you can request USCIS to expedite your I485 and quote these kind of employer exploitation as a hardship. ( I never tried this part, who knows you might get your GC ahead of others) I don't know of anyone who has used this successfuly, if you try it please share your experience.

    The plan to get your money works, I have personally tried it. I didn't even send any letters. I just explained him that I will not lose anything even if my GC is denied but the sucker will end up with lots of trouble with USCIS.

    I was trying to build a case to fight ( in the court if required) the sucker but he backed off.



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  • Marphad
    03-27 02:17 PM
    I cannot think of any one good leader left in india. not one who can rise above self-interest and narrow mentality. Can you imagine any one of the so called leaders that was mentioned in this list leading the nation, and not be a laughing stock? remember deva gowda at davos...made a mockery of India there. Mayawati/modi, etc. what kind of leadership qualities (international affairs/finance/etc) do they have? the only kind of experience they have is gundaism, and creating conflicts with caste, culture and religion.
    I wish most of the current class of leaders were erased, and a new class of leaders were brought in. Sadly that'll never happen with the kind of democratic setup we have. in the name of representation, we are debarring intellects, and people with broad vision from joining politics.

    Why do you forget Mulayam Singh? He has a great quality of pampering muslims and giving tickets to Gundas. He scored #1 in that.





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  • MYGC2008
    09-24 10:24 AM
    There won't be any spillover to EB3 unless EB2 ROW becomes current.

    Based on following link:

    http://www.uscis.gov/USCIS/New%20Structure/2nd%20Level%20%28Left%20Nav%20Parents%29/Green%20Card%20-%202nd%20Level/Pending%20Form%20I-485%20Reports.pdf

    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.



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  • watzgc
    07-28 08:45 PM
    Dear Sir,

    This is my situation

    1. Applied for H1B Extension on Jul-10-2007
    2. Got RFE on Mar-2008 and replied to RFE on Apr-2008
    RFE: 1. client contract 2. last 2 yrs my tax return
    3. After Reply to RFE no news from USCIS
    4. Applied for Premium processing on Jul-14-2008
    5. I485 Pending and having EAD/AP for my family and Jul-09-2008 applied for EAD Renewal

    My Questions:
    1. Since my H1B expired on Jul-14 What is my status? Can I work till I get my H1B approval?.

    2. How can I expedite the H1B Process ? (already upgraded to PP)
    3. If I get approval , do I need to go back to home country to get stamping?

    Thanks for your time and help.

    Regards,
    watgc





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  • oguinan
    02-15 11:48 PM
    ouignan,

    You can see that the UN panel is aware of the fact that racial discrimination manifests itself in disproportional representation (note the reference to the composition of the Supreme Court). It can be argued that the 7% country limit provides a pretext to discriminate against India/China/Mexico on the basis of ethnic or racial origin, and as such would run afoul of the convention.

    I enjoyed that article, it's a great find. To be fair, it does offer both opinion and history. I do agree that the 7% limit is unfair but the answer is to increase the supply of green cards so that all qualified applicants get their green cards. The racial element is something everybody should be aware of. It's important that we all have a good understanding of the history of the immigration laws, in the united states and elsewhere. Perhaps "History of Immigration Laws" would be an interesting thread on it's own. At the very least we should add the wikipedia references that we discussed earlier into the resources section.





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  • Keeme
    05-01 03:50 PM
    Please show solidarity with Pakistani Sikhs too.

    http://timesofindia.indiatimes.com/World/Pakistan/Taliban-seize-Sikh-houses-shops-in-Fata/articleshow/4469796.cms

    The least India can do is to is to offer asylum to all Pakistani Sikhs. Our govt has not shown any inclination for that so far.

    We must ! Have no doubt about it !





    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.





    GetGC08
    07-28 04:17 PM
    Hello,

    I have filled I-140 in last week of March 2008. My priority date(the day I file labor) is 15-Sep-2007. My labor got approved.

    My I-140 is under EB2 India.

    Today I checked status of my I-140 on https://egov.uscis.gov/cris/caseStatusSearchDisplay.do

    It says :

    Application Type: I140, IMMIGRANT PETITION FOR ALIEN WORKER

    Current Status: REQUEST FOR INITIAL EVIDENCE SENT, CASE PLACED ON HOLD

    On July 25, 2008, we mailed a notice requesting initial evidence in this case. Please follow the instructions on the notice to submit the evidence requested. Meanwhile, processing of this case is on hold until we either receive the evidence or the opportunity to submit it expires. Once you submit the evidence requested and a decision is made, you will be notified by mail. If you move while this case is pending, please use our Change of Address online tool to update your mailing address.

    How much serious this is?? it says "REQUEST FOR INITIAL EVIDENCE SENT"

    I am waiting for RFI/RFE details as USCIS mailed it on July, 25 2008.

    Is there any difference between "REQUEST FOR INITIAL EVIDENCE SENT" and "REQUEST FOR EVIDENCE(ADDITIONAL)"?

    Is this means that they are processing my case?? Once I will give response to this RFE & they find everything fine than they will approve it(Hopefully) !!!!!!!

    I will really appreciate your response.

    Please reply me ASAP.

    Thanks.



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