Sunday, June 19, 2011

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  • sri1309
    08-14 08:29 AM
    Good to see the count already three (here) in just 30 min of posting this idea (IV's one of the peaceful ways). So I am sure there will be huge response. Please spread this message as much as you can, and see if we can gather a good #.
    ALSO we will have to wait for IV Admin to approve this, as I am just a junior member and dont have that capacity. WE MUSt start one more campaign.

    Please spread this among your friends and make a difference. On this INdependence eve, lets work in the same lines as those great people did. We may like one leader or we may not like due to their approaches. But one most common thing you will see in all is UNity in what they did and strength came from there. What we are asking isnt that big a deal to fix. Simple admin fix

    EB3 PD 02/04
    EAD/AP/... 07/07
    485 pending....forever ..
    NOPE.. It shoudlnt be forever.. WE WILL fix this. We WILL try to fix this by a peaceful campaign in 2 weeks if possible. But WE is impo.

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  • saro28
    12-11 03:10 PM
    Thanks. My lawyer was worried to file I485 as derivative due to the fact my primary application is considered withdrawn. So he made a request in letter to adjudicate together instead of filing another 485. I guess i have to wait.

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  • Macaca
    01-25 10:47 AM
    Hi Macaca:
    USCIS cannot reject PERM as USCIS has nothing to do with PERM. PERM is done by the dept of labor, and this agency is not part of USCIS.

    In terms of PERM, PERM is not considered an "immigrant petition" and thus would not be deemed as violation of status. PERM is berely the assurance there is no workers who want to take the job in the position beeing sought. Note, that when you go for a visa, one of the questions asked is, Have you ever filed an immigrant visa petions, or has an immigrant visa petiion was ever filed on your behalf?"

    The law finds an immigrant petion only when one applies via I130 (family based immigrant petition" or I140 (employment based immigrant petition). Only filing of IMMIGRANT PETITION would constituate a violation of one's non-immigrant intent and status.

    I went for consular approval last year. At that time I had applied for LC. The form had the question Have you ever filed an immigrant visa petion, or has an immigrant visa petiion was ever filed on your behalf? My attorney told me to say No.

    USCIS has F1 file. Why did they not reject I-140?

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  • as_rudra
    05-24 01:04 PM
    Just sent the Web fax. Keep up the good work team IV


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  • paskal
    09-21 09:22 AM

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  • iptel
    02-28 04:17 PM
    Sorry to say this kind of thread is making this site loose its purpose. Urging admin to remove such thread and discourage from future occurance.


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  • tinuverma
    02-09 05:28 AM
    Thanks for the responses so far.
    To the bro who suggested I rather stay here than go back..well I work as a consultant thro a vendor hence that is not an option (thanks to the new memo).
    Given the market is so hot in India right now and here new policies are made to make our life tougher, only makes one's consideration to move back stronger.
    I will call up SSN office today and check out how much more is remaining of the 40 Q for me...will try and do that.
    On RONR, I will find out and post here when I have any confirmed updates - but one thing I know for sure is:
    Tax year starts on april 1st in India. If one stays atleast six months starting that date, he is still considered NRI. Hence say if you deposit 40,000 USD in SBI on may 20th...and return after october 10th, you are okay. No tax in that year..but if you came back before the six month, then there is some tax that you have to pay.

    Condition Status
    1. He is not in India for 182 days or more during the relevant previous year. >> If yes, then he is a non-resident.
    (so check the next condition.)
    2. He is not in India for 60 days or more during the previous year and he is not in India for 365 days or more during the 4 years prior to the previous year. >> If yes, then he is a non-resident.




    He is not a resident, as per the above provisions, for at least 9 out of 10 previous years prior to the previous year under consideration.


    If yes, he is RNOR


    His stay in India during the 7 previous year prior to the previous year under consideration should not be 730 days or more


    If yes, he is RNOR

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  • Kushal
    12-05 03:53 AM
    Are you sure he is an attorney? May be he is a normal guy like me still in his halloween costume as Attorney.:D

    You are funny guy


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  • eeezzz
    10-15 10:46 AM
    500,000 Legal immigrants in limbo:
    lets say (I mean lets Tell them) 1/5 th of that # buy on an average $300K houses.
    That equates to $30 billion.. Not a bad #. But I am sure all want to buy houses eventually. Thats $150 billion. Not a small #.

    Lets say (again tell them).
    1/100 th of 500,000 start companies, of 5 employees each=25,000 jobs.. Not bad again.
    This idea is inline with our IV campaign that was discussed sometime back. We can tell in different forms to the media. Somebody may publish.

    From This website ( As of August 2008, the national median home price had fallen 9.5 percent in the preceding 12 months, to $203,100. So your number is way high already. Even 1 out of 5 will purchase house as you predict, can you say they all have good credit to get the loan to buy house? If you say all these people have 200K to 300K cash in hands, not loan, and they will buy house right away as soon as they get their GC. Then you may have a chance to have them listen to you.

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  • jackdaniels
    05-30 03:50 PM
    One possible reason is that Americans just don't want people smarter than them to come here and have the high paying jobs, create companies and have success on their own country.
    It's OK to have a bunch of illegal immigrants to do the dirty work.

    Let's think as a modern slavery. They want to be in command, to be the boss. It's their nature. And they just don't accept skilled immigrants coming here and taking the top positions from them. They want people who just take orders - from Americans.


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  • nojoke
    10-14 07:44 PM
    I agree with sri1309. This would stop the bleeding of the economic crisis. Folks just wont stop by buying house alone, they all will be motivated to spend more money. guys, our folks most of them are well positioned with good paying jobs and pay and the only reason for not spending and not buy houses are because of the insecurity of the stay due to the h1b extension.
    We all to some extent know that this whole mess is due to the deregulation of the financial institiution and because of which high supply of houses ( SUPPLY and DEMAND. Now with the bailout government owns all these houses). By passing some legislation can control the deregulation but how do you sell the government owned houses quickly to the people? who will buy? Immigration is the best option. Here is my recommendation, regulate and tightenend the loans for the house constructing companies to control the supply side from the constructing compnay and issue green cards to all the legal immigrants to increase the demand side of the equation. Additionally bringing the ?? milliion illegal immigrants to legal will increase the tax revenue of the government. My 2cents says that whoever the next president, the comprehensive immigration reforms would be the best solutions for solving the current economic mess.
    There are a lot of US citizens wanting to buy house. The problem is they are not able to afford and sitting on the sidelines. The house values will drop to affordable levels for regular folks to buy. Nothing will stop it. Even if all immigrants buy today, you can only postpone the crash. The basic problem is affordability. You can reduce the supply, but who will be able to pay inflated house prices?

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  • gg10004
    07-13 10:45 AM

    gg10004 - Great news !!!

    Keeping fingures crossed

    Lawyer already fedexed July applications yesterday and is recommending the same to all his applicants.


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  • raysaikat
    07-10 07:39 PM
    Thanks for your advice. I believe that my employer has no problem to write me a recommendation letter or sign support letter.
    Do you believe I have a chance or not ? which one?

    Well, your ideal bet is the standard EB2. It will require a labor certificate. The issue is that the cost of obtaining the labor certificate (including lawyer's fee and job advertisement costs; usually total around $5k-$6k) must be borne by the employer; it is the law. You can bear the rest of the cost (I-140+I-485+lawyer's fee for those two stages). If your employer is willing to at least pay for that, then go for it; you will get your GC within a year or two (assuming no major changes in the rules, situations, etc.).

    If your employer is not willing to spend any money, then you have two options: EB1 or EB2-NIW; they do not need labor certificate.

    The EB2-NIW category does not need employer's sponsorship. However, a support letter from the employer strengthens the case quite a lot. To prove yourself eligible for EB2-NIW, you need to argue that if a labor test is done and an eligible citizen or permanent resident shows up (and hence you cannot be hired), then it will be a *national* loss to the US. Basically this means you have to prove that your field *and* your individual work in the field are very important to the US nationally (i.e., not just to the particular part of the US where you live/work). Other than publications (number as well as quality), citations, and perhaps most importantly, a set of (10-15) recommendation letters from the well known leaders of your field are usually used to establish this.

    The EB1-OR (outstanding researcher) category requires that you be in a "researcher" position and your company employs at least 5 other researchers (I am assuming that you are not a tenure-track faculty member in a US institute of higher education). If this is true, then your employer simply needs to "sponsor" you by providing a support letter. No labor certification is needed; so employer need not bear any cost; you are allowed to pay for the whole process. You need to establish that you are an "outstanding researcher" with international reputation.

    From what you have told us, it seems that EB2-NIW might be possible for you, but you very likely do not satisfy EB1-OR's requirements. In any case, there is a good amount of randomness in the process and hence there is always a possibility of getting approved. So if your employer does not want to spend any money and you can spare the money, then it may be worth a shot applying for an EB2-NIW. If you decide to do so, get a good lawyer, though.

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  • skdskd
    08-26 09:17 PM
    You didn't say any where in your message that TSC applicants are getting RN very late. Sorry to say but it seems you are very mean and selfish person. But looking at only NSC your concern is currect.

    I think we are united here.

    I agree with your assesment about ramhs


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  • chanduv23
    10-14 04:33 PM
    Its good that we've progressed a bit. Hope there is no more retrogression and USCIS actually processes applications of people per the bulletin...

    USCIS predicts retrogression as they say there is a lot of cases.

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  • BharatPremi
    12-09 03:05 PM
    Thank you very much for the response. I actually want to put 5 years minimum experience though my lawyer said that it is too much. He would recommend either 2 year or 0 year work experience for this position with M.S. degree. Accordingly, we come down to 2 years with M.S. degree. After receiving the audit letter, my lawyer said I should have put 0 year instead of 2 years. I was also told by my lawyer to give him the answer about the following questions:
    1. Why does the company require 2 years of work experience?
    2. Why does the company require M.S. degree for this position?
    3. Why does all skills and programs require for this position?
    4. How long it take to obtain those skills and programs?
    I’m very confused and have no idea what to answer why the company require M.S. degree since it is the requirement. Have anybody also have the format of the audit letter?
    Also, if I have to be outside of the country by taking vacation due to this H1B issue that is going to reach the 6th year, do I have to be employed full time with the company and get pay as well? Thank you very much.

    Can you eloborate more on onet code -classification and job description in detail? Other thing , Was your MS Certification in your country of birth or in USA? And if it is not in uSA did you get it evaluated in USA and have submitted evaluation cert copy along with your application?


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  • GCIsLuck
    10-06 03:29 PM
    One of my colleagues got audit for two consecutive years and he received his green card last month.
    sorry dbl post..

    Could you check with your friend , did he have to pay the penalty ?


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  • Hinglish
    08-07 08:49 PM
    People do not agree and have different ideas - sometimes to the point of personal hurt! - this is natural. They have different interests and even when they have shared goals, sometimes their paths to those shared goals may diverge - this is natural, too. Yes, differences, discussion and divergence can lead to a final separation and then two or mroe new groups are born - and it can happen naturally and it does not have to be rushed or forced through censorship and persecution. But sometimes debates and differences actually help the whole group to stay together and find a better path or a better solution - in the heat of the discussion and in the fight of the dualling arguments a new idea, approach or solution is born. I do think that a lot of the most contentious discussions on this forum are actually the most important and interesting ones because those are the oens that will cut to the heart of the problem and reveal the real depths of the issues. Suppression of diverging opinions is the hallmark of dictatorships.

    As if the comments people write are really going to affect things ....
    As far as I am concerned ... let the dogs bark ... when they start biting ...f$@king gas them ....meanwhile take a look at the "Lighten Up" thread... it should cool things down ....

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  • dassumi
    11-15 10:23 AM
    And they should serve at least one year in the Military. :-)

    + straight As only ?

    why - only tier1 & tier2 ? should be based salary withdrawn- isn't?

    05-24 01:03 PM
    Sounds good. Almost done with mine!

    By the way, the title at the top of the browser assumes I'm graphicslash.
    aren't you? :evil: :P

    04-22 06:06 PM
    can you please let me know what RFE was about, PM me if you dont want it to be public.Its more than 7 months for me too.

    I just read your message, RFE asking for Contracts and W-2 for last 2 years.
    We replied to RFE still waiting for approval.

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