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  • sk2006
    08-16 01:51 AM
    The original post was not about SRK detention.. but it was giving an idea of US immigration system. Well everyone here is singing praises of US immigration system.. if anyone of you will be detained if simillar name flashes on their computer and detained for hours and sent back then i hope you guys don't change your tune.. Thanks for all your reds.. looks like some people over here are interested in green or red.. crazy guys!!! go get a life.

    Can you point to a single post praising the immigration system.





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  • gc28262
    01-15 03:01 PM
    snram4,

    It seems you are concerned about companies making profit than what happens to you. That is a typical socialist/communist thought process. Communists/socialists are worried/jealous about companies making profit rather than their own well being. Ironically you are in the capitalist meca of the world.

    If you are not fine with companies making profit, you shouldn't be here in the first place.

    H1B rules are on the slavery lines already. Think about all the restrictions we have to undergo just because of H1B. Irrespective of whether H1B is allowed on consulting, consulting is here to stay in US and all over the world. If not H1B, Citizens and GC holders will do the consulting.

    The only thing many of us are good at is screwing our own countrymen and colleagues. Did it ever come to your thought that existing H1B rules are insane already ?





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  • a.j.2048
    03-27 01:04 PM
    I suspect there will be better leaders from the generation born after 1947. The next rung of leadership like Mayawati, Modi, Nitish Kumar, Shivraj Chauhan are all born after independence.





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  • BharatPremi
    12-14 12:11 PM
    "The SC concluded that the statutory discrimination within the class of aliens is permissible."

    This could justify difference in say EB1, EB2 and EB3 or F visa, H Visa and L visa. How ever there is no mention that discrimination could be on the basis of sex/race/country of origin etc. IMHO an extension of standard EEO laws should be applied for EB class immigration too.

    NB: I am an HR consultant and an expert on EEO laws, I still think that this discussion is worth taking to a top constitutional attorney. An hour of his time will cost peanuts compared to what we can possibly get out of this.

    With agreeing the central theme represented by Mark, still I am incliened to say "Yay" to your suggestion.



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  • InTheMoment
    09-25 06:22 PM
    I think you have summarized pre-adjudication quite well.

    Also note that pre-adjudication is not a very recent phenomenon USCIS service centers especially NSC has been doing it since late 2005!





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  • leoindiano
    08-17 06:22 AM
    read the comments here,

    The Buzz Log - The Shah Rukh Khan incident - Yahoo! Buzz (http://buzz.yahoo.com/buzzlog/92914?fp=1)

    you will see what damage mr. selef-centered dumbie did with his stupid comments.....



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  • irock
    07-29 01:45 PM
    Chennai consulate Aug interview appointments URL: http://chennai.usconsulate.gov/uploads/images/yWMjU032EdCBcZW2qhz3yw/ivapp0808.pdf

    There are 14 E2 appointments in Aug.





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  • eb3_nepa
    10-23 02:08 PM
    Thanks eb3India.

    How does the current company obtain a pre-approved labor? Does it buy the pre-app labour? Or is it SOLELY because someone in the company left (whose labor was approved)?

    I was reading a lot about the controversy about why it should be stopped etc so i was wondering if someone had any documentation on why it was started in the first place and how it works

    Thanks



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  • vinzen
    08-18 11:21 PM
    This is not "Indian" thread. It is purely a North Indian thread. He is popular only in North of India.

    And which part of india are you from?





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  • gdilla
    07-26 02:25 PM
    I suspect being unemployed in any country is a crappy experience. Get a job first. There's lots of job sites online, check it out for yourself. Tap your network, etc. You can even setup your own company/consultancy and serve your US clients if you so desire.


    But what about the jobs in Canada? How bad is it? Without a job, what is the point of quality of life etc.?



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  • tikka
    07-04 07:39 AM
    http://indiapost.com/article/immigration/597/

    On July 1, 2007, the Visa Numbers in the Employment-based Second and Third Preferences will become current. The USCIS Service Centers in Nebraska and Texas will be deluged with Adjustment of Status (Form I-485) applications.

    An update on AILA Infonet expresses concern that the USCIS may start rejecting I-485 filings before July 31, 2007 even though, historically, applicants have had the benefit of the whole month to file before the State Department announces retrogression for the following month.

    In fact, the cut-off date for the "Other Worker" was October 1, 2001 in the June 2007 Visa Bulletin. Yet, the USCIS began rejecting I-485 filings under the Other Worker category with priority dates of October 1, 2001 or earlier when the agency was informed by the State Department that the visa allocation for this category had been exhausted on June 5, 2007.

    AILA believes that the rejection policy is contrary to the regulation at 8 CFR �245.1(g) (1), and has urged USCIS to reverse its policy, which it has refused to do so. In any event, June 2007 is almost over, and even if USCIS reverses its erroneous policy later in July, would it still be able to accept I-485 applications that were due in June 2007? In July 2007, the Other Worker category becomes Unavailable.

    Regarding the "Current" dates in July 2007, the AILA Update indicates that USCIS has approximately 40,000 visas remaining in all employment-based categories for 2007, and that USCIS already has far more than that number of I-485 applications in the backlog queue ready for approval. Remember that there was a similar deluge of I-485 filings prior to the earlier retrogression of October 1, 2005.

    If these have already been pre-approved, they will exhaust the supply of existing immigrant visas and there is a likelihood that USCIS may start rejecting I-485 filings before the month of July is over. AILA has not yet predicted the exact date in July when this will happen. Despite the rush to file, one cannot underscore the importance of filing complete I-485 applications. If the I-485 does not contain the medical examination report, it will get rejected as the document is considered "initial evidence."

    The same applies to birth certificates, marriage certificates and other essential documents. It is also important to file with the correct filing fees for the I-485 ($325 + $70 for the biometrics fee). The accompanying I-765 application for temporary employment authorization is $180 and the I-131 application for Advance Parole is $180. It is also important to make full and truthful disclosure of any unauthorized unemployment on the Form G-325A.

    Some may have worked after their F-1 OPT had expired and others may have been involved in self-employment home businesses. The fact that an applicant has worked without authorization for short periods of time should not render him or her ineligible to file for Adjustment of Status. Section 245(k) of the Immigration and Nationality Act protects status violations up to 180 days from the last lawful admission into the United States.

    For example, if an applicant worked without authorization between October and December 2006, and then left the United States and entered on January 1, 2007 in H-1B status, so long as this individual has not violated status for more than 180 days since January 1, 2007, he or she would still be eligible to file the I-485. For those with longer periods of status violations, Section 245(i) may also render them eligible to file an I-485.

    To be eligible under Section 245(i), the applicant must have been the beneficiary of a labor certification or employment or family-based immigrant visa petition (Form I-140 or Form I-130) prior to April 30, 2001. If the filing was between January 15, 1998 and April 30, 2001, he or she must also establish physical presence in the US as of December 21, 2000.

    If one is filing under Section 245(i), the I-485 must be accompanied by Supplement A and an additional penalty fee of $1,000. Finally, it is also important to disclose criminal arrests and convictions, however minor. Of course, those who have a criminal record must seek the advice of an attorney prior to filing the I-485.

    While not all minor arrests or convictions will lead to inadmissibility, some may and it is important to find out whether the applicant is eligible for a waiver. If one is filing an I-140 concurrently with the I-485, note that the USCIS announced on June 28, 2007 that it was temporarily suspending premium processing for 30 days from July 2, 2007 due to the heavy rush in applications.

    Cyrus D. Mehta





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  • sachug22
    09-15 04:45 PM
    Hello Sachug 22,

    Where are you getting numbers for EB2 India for 2005 to be 10000, when total labor approved for 2005 were just 6133 (for all countries).

    Thanks,
    WeldonSprings.

    2004 2000
    2005 10000
    2006 13000
    2007(july) 5000

    http://immigrationvoice.org/forum/903759-post52.html

    There where 7290 India PERM application approved for applications filed in 2005 (of this 60% where EB2 - assumption). And assuming 3000 RIR EB2 India LCA applications (pre march 2005) there are 7400 EB2 India LCA with PD of 2005. Rest of the calculation is in my post.



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  • vrichards
    09-05 12:44 AM
    It seems like YSR was a very evil man. We must celebrate now that he has died.

    Good riddance to bad rubbish.





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  • pathiren
    09-28 08:46 PM
    Thanks for the response in advance.

    The question is:
    1) Can a husband (on H1) own a business and sponsor (H1 and greencard) his wife to work for the same business?
    2) Can an Indian company start LLC or any other kind of firm and own a business and sponsor someone- more specifically my dad (a major stake holder in Indian company) and this indian company starts some kind of LLC or inc (whichever is feasible) and sponsor my wife for H1 and greencard?

    I know its kind of confusing, but would appreciate if you can try and explore this.

    Thanks a lot!



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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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  • unitednations
    02-18 08:20 PM
    I don�t get the point? If somebody comes here on visitor visa and files for 485 or people here illegally flip over to EB blah blah blah then you fix the loophole, you just don�t kill the 485 measure. If you have a brain tumor then you surgically remove the tumor. You just don�t cut of the head. Your solution to oppose 485 seems similar to that. What about the people who have been waiting for for a couple of years to get the labor and I140 cleared and cannot apply for 485 now, If you get laid off without 485 you don�t get AC21 provisions to get a similar job and the whole process is gone down the drain. Why are you worried about somebody who might do something in future when you don�t even want to bother about the people who would benefit from 485 measure right now and right here?

    As you yourself suggested people from India (eb2 and eb3) should not worry about looking at Visa bulletins for the next 10 years because at current pace it will take at least 10 years. There is no company in USA in technology field which will keep you in the same position for 10 years. And you are opposing 485 on some loophole, so if I am reading between the lines people from India who have not yet applied for 485 might as well pack there bags and go back to India. Thanks a lot for your delightful insight!!!!!


    Don't shoot the messenger.

    A couple of studies came to mind recently that don't involve immigration.

    In Florida there was a plan over 30 years ago to build an artifical reef by planting 2 million tires. Seemed like a good idea but didn't serve its intended purpose and did the exact opposite. Now, 30 years later the person who pushed to do this is saying it was a mistake. There has been so much damage caused by this and now 30 years later they want to fix it. It wasn't studied enough and it was implemented and became a disaster.

    In 1999 at Laguardia airport there was a push to allow smaller airlines some space at the airport; even though the airport couldn't accomodate more airlines/flights. There was strong opposition but they did it anyways. Since then; it takes more then 45 minutes from the time your flight leaves the gate to actually get airborn. The flight time from Laguardia versus into Laguardia has a differential of almost an hour. Now; eight years later they are going to try to fix this. Even though it has been a problem for this long. Wasn't studied or thought of carefully enough.

    ---------------------------------------------------------------------

    Some people are of the opinion that people who have EAD and 485 pending should just shut up because they are enjoying the benefits of it. Well guess what; some of the biggest whiners are the people who have 485 pending but still want to do priority date transfer; are afraid of job loss; are afraid to change jobs, etc.

    Becuase of country cap of 7%; someone filing from ROW in eb3 in 2007 will get ahead of you in line; even though you are from india and a priority date in 2001. Currently, the limitation of ROW people is that they haven't designed a system to get h-1b so they will try to go the b-1 to greencard route.

    People who want to get citizenship badly. Once they get citizenship; what is one of the first things they do? apply for parents greencard or find a spouse and file their greencard (no waiting). For people here on h-1b or greencard and they want babysitters they get their parents on b-1 and try to extend, etc., but eventually parents have to go back. Now; without priority date being current they also come into the stream by filing a labor 140/485 while they are here.

    therefore, you may have a 485 filed but if it is going to take you 10 to 20 years to get the greencard; can you hold onto a same/similar job for that long? Do you think the next step of increasing the quota will come in six months? See my example of Laguardia airport; flight jams since 1999 and now eight years later they are going to decide to attempt to fix the issue. I used to be a frequent traveller and i can't even begin to tell you how inconvenient it is for business travelers to have that type of wait.

    To give you an example; I will post an example of someone on visitor visa trying to get greencard (note; this was a personal e-mail that was sent to me;just in case there are doubters).



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  • okuzmin
    07-12 12:27 PM
    lordoftherings, I doubt there is a country in the world that would fit all. I also doubt such a thing as "ideal immigration policy" exists. It is always good to have a job offer before you immigrate, but it's ultimately up to the immigrant to find out what it'll take to get on his/her feet in the new country.

    After reading (and watching videos of) all those sob stories on notcanada.com and the like about doctors, nurses, engineers who can't get a job or have to study for years to get a Canadian license to practice, I wonder how much of a research those folks did prior to coming to Canada. If a medical occupation requires studying for additional time and taking exams, then you should have learned about it. If engineers of your specialty are not in high demand, you can figure it out by going through Canadian job postings and contacting employers. If you are not willing to look for a job elsewhere but Toronto, then it's your problem: perhaps in Calgary the opportunities are more readily available. I have a friend in Montreal who owns an IT recruitment company. He told me that they are sending IT folks from Ontario to Alberta, since Alberta unemployment rate for IT professionals is currently at 0.5%.

    Bottom line is: research for yourself, ask different people, be flexible about where you want to live in the new country (hey, it's the country's demands you need to adjust to, not the other way around!) -- this will save you from many unpleasant surprises.





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  • fairman
    08-15 04:08 PM
    The question doesn't arise because he is SRK or APJ or in future Manmohan singh. The point is does it take TWO HOURS to find the identity of the person. How did you feel when you were questioned for an hour at the POE even after staying here for 9 years and stay in US legally and paying taxes etc.. can't they have better immigration procedures in place to identify legal from illegal (LIKE biometric finger printing, etc). They have this sophisticated computer information network.. if you give your SSN they can find any data they want.. about your employer, about your pay roll, your taxes etc.. then why this delay at POE to idenfity geniune people from entering US. These actions look totally racist to me. Don't you think these (US) people know how to improve this system.. they can but there is no will to do so.. Just look at priority dates how they swing +5 years to -5 years every year (2000 to 2005). It looks like someone just picks any year between 2000 to 2005 based on his mood. Can't this developed country have a software system to predict visa number availability or to predict how the dates should advance and by how much... this is want really sucks.. this so called developed country doesn't have a system in place for immigration issues.. Just look at the people who got their green cards who's priority dates were 2006 and people from 2002 or 2003 are still waiting.. how can their system (software) allow people with older dates to wait while someone with PD 2006 get their GC.. Things can be better managed and controlled with total transperancy but there is no WILL to do so.. i am not sure if IV can play any role in pushing some reforms to have a better system in place. There was another thread discussing about IO officers visting to employee office to find geniune applications and for more details.. this is simple waste of money and resources with SSN can give you almost 90% of the details.... overall the frustration is about the System and not about SRK or APJ.


    USCIS software system is quite old !





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  • Macaca
    07-04 11:04 AM
    Please post good reliable estimate of cost for applying with ALL possible break ups. I know the following only!

    Cost of applying = application fee ($795 ??) + Lawyer fee + others (= medical + pictures + ...)

    Also, which parts are lost if we have to re-apply!





    paskal
    07-17 12:58 PM
    Is it accurate to say that new way of allocating spill over visas effectively acheive same effect as eliminiating country limits?

    this is not correct. ROW continues to get preference.
    what has changed is that for a while USCIS chose to interpret the law in a way that gave EB2 GC numbers (the law mandated 28.6%) to EB3 ROW rather than spill them over the EB2 I/C. now they have corrected that and EB2 numbers (which include any spillover from EB1) are first used in EB2 ie category numbers are given priority.

    so the bonus advantage that EB3 ROW got for 1-2 years has been withdrawn. however with EB3 retrogressed and with EB2 I/C retrogressed, EB3 ROW continues to get all EB3 numbers except the 7% each for the retrogressed nation states.

    i would also like to know where the 20K number is coming from if anyone has a source please share it.





    snathan
    05-01 11:05 PM
    And who told you that they are being opressed - have you been to Sri Lanka and if yes which places did you visit to see the Tamils being opressed .

    The terrorists who come to fight in J&K from Pak say they are fighting because Indian Army and govt is opressing the Muslims . Is that true also ?

    Seriously I don't care - my personal opinion that in this particular case it is none of our ( India's ) business to meddle in Sri Lankan affairs when they are on the verge of getting rid of a menace they have . Terrorism is not a solution of anything . Only peaceful times can bring happiness and prosperity.

    If you are so ignorant no one can help you. In SL everything started because of singala opression and chavinisim. But its not the case with J&K. The Pak govt wants J&K and thats how started here. One does not need to go the battle field to understand whats going on there.

    ----------------------------------------------------------------------------------
    Desperate to escape the warzone in Sri Lanka, a group of 21 people set out from Mulaitivu on April 21. Among them was eight-month-old Kuberan who was feeding on his mother's milk when she died. His family was on a boat with 20 others.

    Each one was hoping for safety and the chance of a better life in Rameshwaram, nine hours away. But they got lost and soon they ran out of food and water. One by one 10 people died of hunger and dehydration and their bodies were thrown into the sea.

    Lost at sea they finally landed on the Kakinada cost of Andhra Pradesh, but only 11 reached alive.

    Kuberan in Hindu mythology means the 'Lord of Wealth'. But this eight-month-old is anything but that. He is the face of the tragic conflict in north Sri Lanka, symbolic of a future and a paradise lost.

    "When we were in Sri Lanka, my father died, then my younger sister died, and then my wife. We were trying to escape to save our lives," said S Jagadeeswaran, one of the refugees.

    In the last three months, at least 50 boats with Tamil civilians have left Mullaiteevu for Rameshwaram. But no one knows how many of them survived.

    "My daughter was in my arms, my lap and she died right there," said Niranjana, a refugee.

    Thus, the Sri Lankan civilians who tried to escape the violence, were washed up on India's shores.



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