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Monday, July 4, 2011

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  • gauravster
    06-04 03:01 PM
    As JSB pointed out what you are asking already exists with an EAD, 180 days after filing 485 you can leave your current employer and join a new company as long as it is a same\semilar job. The problem with this same or semilar job is it is a ticking time bomb, the day USCIS decides to go after EAD they can have a restrictive interpretation of same and semilar job and deny your 485 or they can keep sending you employment verification letter rfe every couple of months. I am not being paranioid, for example even though AC 21 clearly states that once 180 days have passed since the 485 has been applied, the employee can join a new job and even if the previous employer has revoked the approved 140 it should not effect the 485 petition, but USCIS is not following this law and blindly sending 485 denial notices to applicants whose approved i140 was revoked by previous employer. Who knows what sort of abuse will USCIS resort to in the future against EAD.

    To prevent this we should work towards an administrative fix that once the 485 application is pre adjudicated the applicant should be left alone and not issed any Employment verification letter rfe, or semilar\same job restrictions if they are back logged because of country quota and face multiple year wait.

    The EAD/AC21 is still only available to those who are July 07 filers. There are many who have missed the oppurtunity. What many people are asking for is for something such that anyone can change a job after some given time, irrespective of Visa number availability. Even for those with EAD's, you are still restricted to be in the same field. So if you want a career move and do an MBA or acquire new skills to change your career, you cannot do that (unless EAD is for a dependent). If this is not pigeoning people, what is.





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  • Keeme
    05-01 04:19 PM
    Hi Keeme,

    My post was not about double standards BUT about opposing terrorism, it doesn't matter if its LTTE, KHALISTAN, TALIBAN or any other organisation which terrorises the society. These terrorists outfits should be handled beyond any religious, linguistic or any other consideration.
    Regarding support for common man/community, we should oppose any human rights violation against any individual/community, there shouldn't be any double standards BUT at the same time action against terrorist outfits should not be compromised.

    Correct ! Stand against injustice ! Let's discuss it out. Do you see LT ( karshimir) same as you see LTTE ? Do you feel anything for Kashimiri Pandits ?





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  • willigetagc
    07-26 08:44 AM
    If USCIS follows Vertical Policy after EB-3 becomes current, all the remaining visas will go to EB-2 India/China and will be used up completely. With the volume of demand for EB-3 India, unless some legislative relief comes EB-3 India's problem will not be solved.

    However, by following horizontal policy, if EB-2 India/China is cleared and made current, Any spillover in EB-3 should be equally shared and EB-3 India's share will improve but in miniscule way.

    Fighting for legislative relief is the only way out for EB-3 instead of dividing our community between EB-2 and EB-3

    I dont think the situation is that bleak. What would happen when EB3 ROW is unable to use up all the spillovers from EB2? The excess would go to EB3 I, right?

    In the past 4+ years, the annual H1 queue is just 65K. So the input into the EB queue must have moderated quite a bit.





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  • venetian
    05-11 03:38 PM
    Kodi,

    From the bottom of your heart can you tell the forum that there was no discrimination against Tamils in Sri Lanka after its independence from Great Britain.

    War is in the northern and eastern provinces. Sinhala and Muslims were driven out of this area by the LTTE. Tamils live all over the country. Tamils lead regular life in other areas of the country that's not succumbed to the war, this includes the capital, colombo. They conduct business, attend universities/schools, they lead a regular life just like any other sinhala or muslims. Tamils lead prosperous lives in other parts than the north and east. The reason they can't live in the north or east is due to their own LTTE, the group that was supposed to liberate tamils.

    If there's ethnic cleansing or genocide against tamils, Sinhala and muslim people should be killing tamils all over the country. This is not case in Sri Lanka. I have tamil friends and classmates, we went to school together. How come there are tamil ministers in the parliament. Parliment members Lakshman Kadirgamar and Jeyaraj Fernandopulle both tamils and were killed by the LTTE not the gov. How can this be ethnic cleansing?



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  • injrav
    08-03 12:52 PM
    This only proves that this is an important immigrant issue. Pappu should help educate every one.

    Hi TravInd
    keep going on man
    you are the Pappu of this Thread





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  • whoever
    02-14 01:11 PM
    what are cir timelines. it seems march 15th is lobby day. i read from aila.org recent postings.



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  • shree19772000
    03-27 02:23 PM
    Love to see narendra modi as PM but I know that's far from happening. I would bet on LK for now.





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  • dealsnet
    09-03 11:37 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.

    dealsnet,

    You picking on CHANDUV23 is unwarranted. You lack debating skills. Do you have a argument to make against "unprecedented political killings, govt and personal land grabbing, corruption, and opportunistic politics of YSR" ?



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  • arc
    07-08 07:18 PM
    Dear Sir/Madam

    Thank you for helping us.

    Scenario:
    If one is working with company A on H1 and Company B applies a future employment GC for the person. The Person received EAD/AP for the 485 which is pending from 1 year through company B. Also have a valid and stamped H1 for 3 years from company A.

    Now in this case:

    1) Is there a Law or Need to Join company B since EAD has been issued?

    2) Can one stick with company A even after getting EAD till he gets GC? In that case is AC21 required to remain with Company A?

    3) Can one Join new Company X and use AC21?

    I really appriciate your community service, thanks in advance!





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  • kanakabyraju
    08-17 12:32 PM
    Who cares about farmers. As per British, Indians are dogs and deep inside we are still dogs. We just bark at nothing. Otherwise this thread would have not started.

    thanks
    Kanaka


    Let's look at the following news items

    "If Pepsi is banned in India, I would go to the US and drink it� - SRK in 2006. This shows that SRK is nothing but a money minded freak who'll do anything for big bucks.

    "SRK was cleared in 66 minutes, say US officials". This shows the true picture of the incident and whatever happened was routine and nothing was intended to single out SRK.

    "I was questioned for two hours"- SRK. This shows the dishonesty and exaggeration of the incident, which the actor feels has hurt his ego. It's like "Mommy! US has pinched me OOOOO"

    "I don't feel like stepping on American soil any more, but it is the love and affection of millions of his fans in the US which would bring him to this country again and again." - SRK. It's like "I don't feel like eating Ice-cream anymore. But since you all fans want me to eat it, I'm gonna eat it again and again"

    "Cabinet minister suggested a "tit-for-tat" policy toward Americans traveling to India". This shows that we don't have any brains of our own and a "tit-for-tat" policy is intended more as a revenge rather than a matter of national security.

    "Angry fans in the northern city of Allahabad shouted anti-U.S. slogans and burned an American flag." This shows the ignorance, illiteracy and hero worship that's rampant in India.

    "India to take SRK detention issue strongly with US ". This shows that the govt. of India has got no better things to do, but feels that VIP treatment to movie stars is more important than nation's security. Moreover SRK visit to US was purely personal to promote his film and has got nothing to do with govt. of India.

    "21 farmers end lives in 40 days in Andhra". Is anyone looking into this? Helooooo.



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  • redcard
    05-29 01:14 PM
    "This is due, in part, to huge increases in the usage of EB4 and EB5 categories"

    Something funky in this ,, where are all these religious workers on EB4 coming in US and where do they work� I think this is another fraud. Seems like folks have started using this category now to get people from India.. and EB5 where is the money to invest in this market.. Seems like another fraud happening.. or software engineers now coming to US to Religious workers..





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  • morchu
    06-05 02:38 PM
    I guess many have mentioned this before.

    Diversity should not be based on "country" as well. For example I can easily say that "India" has to be considered as "20 different countries", if it divided based on diversity. And probably many of the europian countries combined should be "1 country".

    Means if the diversity quota is 100 per year, to call for proper diversity.....
    2000 for India...
    100 for many of the european countries combined....

    (Note: I didn't mean "ALL of europe", I know that whole Europe is pretty diverse as well...)

    Country based "diversity" doesn't make sense at all.



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  • harikris
    06-03 10:12 PM
    Applicant gets the peace of mind and can go around buying houses, changing jobs etc whereas it is just a procedural change for USCIS.

    Who said you cannot buy a house on just h1b? Or change jobs while on EAD? Such would be their defense for the argument above.

    Peace of mind, my friend, does not comply with the objectivity of the argument. Also, it's very subjective too. People that have H1B, would be peaceful if they get their I140 approved, people that have GC would imagine how peaceful it would be if only they had citizenship.

    The incredibly long wait to process the backlog is simply not acceptable. With a professional shelf life being 30 odd years, one cannot afford to spend 50% of that time just waiting to be integrated in the system. Numbers don't lie.

    As i have been saying - introducing reform bills and converting them to legislations is our only way, right? Let's put these numbers together as a motivation for the reform bill and seek solutions.





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  • sodh
    01-27 08:55 PM
    Can please somebody reply, is this a non profit organisation or everytime somebody ask's some innocent question he is bombarded with counter questions like have you contributed, I can understand the frustations when there are freebee's but please everybody has his limitations,this reminds of bania's in mumbai you will get your your grocerries only if you have paid your previous debt's. Please don't force anybody, this makes every core members feel cheap, if somebody has to contribute he will contribute out of guilt out, of appreciation,out of obligation, we have not forgotten our dharma that is to help anybody that helps us.



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  • gimmeacard
    07-28 10:45 PM
    Wait a min , how much had you?? Your status is Member and Kaushal's is a Donor.. wait a min let me think who is donating and who is a FREELOADER here.

    The guy is doing something to make his life better, atleast making an attempt to do something better, why do you losers are trying to demotivate and shoot him down.

    No work is small or big , good or bad , work is work.. you wanna do it , just do it , else walk to out. Do not exhibit the desi attitude "I won't do it as what someone will say and also do not let any one else do it." Grow up.

    OOPS a bitter and exhausted Amwayiter has arrived





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  • nrk
    09-15 04:42 PM
    By seeing numbers, i am seeing a ray of hope with in one year i should hear some good news. Thanks for the R&D of all IV members


    Here are my Estimate of pending EB2 India case for give years

    <=2004 2000
    2005 10000
    2006 13000
    2007(july) 5000
    ==============
    Total 30000
    ==============

    This number is very close to Ron Gocthers number prediction a few months back (minus sept approvals).

    Collaboration on visa quota data/analysis - Page 6 - Immigration Information Discussion Forum (http://www.immigration-information.com/forums/general-immigration-questions/8419-collaboration-on-visa-quota-data-analysis-6.html)

    Pending as of 15 July 2009 145000
    EB2 50000
    EB3 94000
    EB2India (2.4/3.5 EB2) 35714

    We can use the LCA number and come close these numbers as well

    2005
    EB2 India LCA for 2005 = RIR (3000) + PERM (60% of 7290) ~ 7400
    Assuming 20% abandon applicant we get = 5900
    1.2 dependent per applicant give ~ 13000 I-485 applicantions
    Assuming 10% approved in 2008 and 10% rejected/abandon I-485 and 5% cross-charageability we get => pending 10000 pending I-485 application for 2005

    2006
    India PERM applications = 18000
    EB2 India PERM applications (60%) = 10800
    Assuming 20% abandon applicant we get = 8640
    1.2 dependent per applicant give ~ 19000 I-485 applicantions
    Assuming 10% approved in 2008 and 10% rejected/abandon I-485 and 10% cross-charageability we get => pending 13000 pending I-485 application for 2006

    So if we see spillover of more than 30K the date will move beyond July 2007.



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  • bestofall
    05-29 03:37 PM
    http://www.complaintsboard.com/complaints/cognizant-technology-solutions-private-limited-c17075.html
    i agree. to add the worst, if anyone jump to cognizant from other big companies like wipro, infy etc they designate you in management level may be 5 years + exp after graduation who is unfit for management lack of very basic communication skills, half knowledged tech skill etc etc etc. Moreover people jump to cognizant for onsite to USA and eventually settle in USA. For the reason being cognizant bring the people on L visa and do EB1C quick green card processing for management. while they file perm they fabricate the responsiblities to suit the EB1c requirement.
    At the same time the person who stayed longer and longer with cognizant won't get promoted that easily to management.

    one more thing i like to add here, cognizant makes the world feel it is a american company but the truth Cognizant technologies is 100% indian (desi) company like other companies like infy, wipro, tcs.

    23 days ago by cts 0 Votes
    how do we bring this to uscis attention about L1A fraud and cognizent employees applying in eb1 catagory by producing fake doc...



    Can not agree more.

    We get engaged in all kinds of discussions EB1 Vs EB2, EB-I Vs EB ROW. bulletin predictions...But we all skilled immigrants can not figure out how to unite and resolve the big issue of backlog. When one person suggests any initiative( flower campaign, call campaign, letter campaign etc.) more 20 people hammer him or her and spend their full energy in proving how suggested idea will not work. Next time the guy does not even think about suggesting anything. On top of that some will come up with their line" Have you contributed, If not then do that first".Our lack of unity will keep us here for a long time to come. In coming months and years, some people will lose interest, stop visiting this site and move on. Others will come to see if there is any POSITIVE news and some will still keep fighting over the issues of EB1 vs EB2 vs India vs China Vs ROW.

    Good Luck





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  • olivetheoil
    02-13 10:13 PM
    Count me in!





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  • Michael chertoff
    07-17 08:43 AM
    Please do not force the Immigration lawyer to answer your question IV has left it to the lawyer to answer questions they want to. This is a free service for IV members. We are grateful to the lawyer for this help.


    I am sorry pappu.

    MC





    GreenCardLegion
    08-16 03:47 AM
    I am a patriotic Indian. Why the hell cant this Khan guy go through the same ordeal as an ordinary Indian or any other passenger. Why all the fuss? Is he god??? Hell NO...I would just tell him to shut up and carry on with life. He is an idiot and just doing this for more publicity. How many Indian muslims go through this shit everyday? Why cant he tolerate this 2 hr ordeal like an ordinary Indian muslim or for that matter hindu? Racial profiling is for everyone who is colored and non-US citizen. He is not a good guy as he cant even take a 2 hr ordeal as an ordinary citizen because he thinks he is GOD...when in fact he is as ordinary as anybody. Just because he has money, name and fame should be become god? no way. I dont mind if the Indian airport security frisked Tom Cruise or any other actor. Who cares!! Its our countrys security, but you know what India wont do that as all the airport officials incl. security are so corrupt and also if they see white skin they will just allow them freely thinking they are god!! thats our stupidity not the americans???

    I am glad this happened to the so called "King Khan" as he is king only in his mind. Not for me because for me he is a talented actor other than that he is not GOD but just a mere human being..





    nixstor
    07-03 09:22 PM
    Will it be possible to get emergency legislation to capture unused EB numbers for the past several years????

    Is it possible to escape the radars of the likes of Durbin & Sanders?

    No, it will not be possible to escape the radars of Durbin, Grassley or Sanders. The key is to get support from people like Kennedy. I know it is very difficult because kennedy is very pissed off with the failure of CIR. Kennedy will only consider this, if this really becomes a full blown issue beyond a certain magnitude. Then we have people like Hagel, Lieberman, Cornyn, cantwell who supported bigger amendments than this. It is a matter of making this a bigger/biggest issue related with USCIS and immigration.