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  • kalyan
    04-12 09:10 AM
    There will be lot of LC's that will be coming up for sale or to lure employees since majority of the employees might have left Desi Consulting Cos becoz of the sheer amount of Dirt Practice, they do.

    INS at some point of time should ban LC substitution. this is another mess that is a slow poison for retrogression.




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  • ameryki
    01-03 08:00 PM
    hi applied for 485/ ead and ap on Aug 1st to NSC. I received Ead cards and finger printing complete. But no RN's for any of the 3 applications and no AP yet :-(. Can't even find out AP file number since lawyer used money order to file.




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  • apb
    09-12 05:18 PM
    Bumping




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  • HumJumboHathuJumbo
    09-10 11:36 AM
    I, for one, am happy with this Oct visa bulletin. This is how it should be. First give GCs to all those with < 2003 PD. You guys with 2006 and 2007 pd should be glad you even got to file I-485 and EAD. What are you bitching about?.



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  • pmpforgc
    03-07 10:44 AM
    This post is not entirely true.. I have never seen an college(recognized by AICTE) where u will pass only by paying fees.
    There are issues in india , but i have seen many people going back , and settling without any problems. The choice to move is more personal , then what could be discussed here ..

    I was in India recently for a 2 months vacation, and some work from our Indian office,. First few days were tough , lot of dust , traffic , pollution, But after 2 weeks i was loving it the old way .. and when i was flying back i realized I love Delhi .

    If you own a house in the major cities ( ie lot of jobs and business opportunities) then going back makes sense. But if you belong to a small city , and have to move to a bigger city anyway, then living here makes more sense.

    The reality (which is bad) is that if you have money in india , your life style is much better than what u have in US (dont forget , even earning 100K, doesn't really make u rich here , Honda and Toyota are poor people's car in US.. I have seen very few EB applicants driving a BMV,Bentley)

    When i was in India, i went to best hotels for food (2000Rs buffets) virtually every week.,just went to NY once for a 200$ buffet, in 6 years.

    So everyone has to take a personal decision, based on personal factors..

    I would agree with most of what you said that it is personal issue and personal choice. if you feel here homesick then better to go home at the earliest.

    I toally dis-agree with you in terms of education issue. I am in education field since I was born (as a student and as faculty both in India and US) so I had seen closely both sides of the coins. Our education system in India is detoriating day by day with no quality control on private institutions and no nation wide approach for QUALITY of education. We have made education available to every one (mostly !!) but during that process we have made it to go in to the tank. With few good institutions among the thousands of colleges and universities does not make it good quality. Percentage of below standard education institution are increasing day by day. Each time I go back home and see how the education is detoriating, I feel deeply sorry about state of education in India. Opening college in every village and giving degree to every one who wants does not make good education. In old days we were giving those degrees to only one those deserve it and can earn it. That is why our old mass of graduates was highly acclaimed all over world. Now a days our average scientist and engineers ( I am not talking about all high quality one from population of billion !!) is very poor.

    Also just to Add here same AICTE who approves technical colleges in India, Its DIRECTOR in CHIEF was under govt investigation of messive corruption in the approval process of the institutions.

    So dont feel so good about CURRENT and FUTURE education system in India, unless we try to improove the QUALITY issue of our technical graduates at put it AHEAD of QUANTITY OF GRADUATES




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  • ilikekilo
    10-24 03:15 PM
    jsut follweod up with my lawyer and Iwas told that my old company doesnot usaully revoke 140's unless the person left the company b4 the setforth dates as part of GC agreement (4yrs or b4 getting gc ) or the person discharged for some other reason...

    HOWEVER i am still not taking chances and am participating int his campn. and alreay sent email as requested..tx guys



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  • bigboy007
    06-03 01:35 AM
    I have been following with different threads over articles of Susherman / AILA on abolishing Dual intent for H1B visa and very much , deeply curious about finding the same :

    Since i myself new of all these different texts of various immigration laws it took me some time but i think i found out the nerve of it atlast.

    Here it goes :

    There are two important sections of Student visas.

    this bill is carefully drafted against us [h1B and green card] such that this provision is included in student visas section.
    ================================================== ====

    (c) CLARIFYING THE IMMIGRANT INTENT PROVISION.— Subsection (b) of
    14 section 214 of the Immigration and Nationality Act (8 U.S.C. 1184(b))
    15 is amended—
    16
    17 (1) by striking the parenthetical phrase “(other than a
    18 nonimmigrant described in subparagraph (L) or (V) of section
    19 101(a)(15), and other than a nonimmigrant described in any
    20 provision of section 101(a)(15)(H)(i) except subclause (b1) of
    21 such section) " in the first sentence; and
    22
    23 (2) by striking “under section 101(a)(15)" and inserting in its
    24 place “under the immigration laws.".
    25
    26 (d) GRANTING DUAL INTENT TO CERTAIN NONIMMIGRANT STUDENTS.—
    27 Subsection (h) of section 214 of the Immigration and Nationality Act
    28 (8 U.S.C. 1184(h)) is amended—
    29
    30 (1) by inserting “(F)(iv)," following “(H)(i)(b) or (c),"; and
    31
    32 (2) by striking “if the alien had obtained a change of status" and
    33 inserting in its place “if the alien had been admitted as, provided
    34 status as, or obtained a change of status";


    ================================================== =====

    what does (c) in Student visas do :

    214(b) of Immigration and Nationality Act : defines whether the applicant has an immigration intent or not and in general avoids , H , L , etc visas out of this category.

    As stated in US code of Law this is what it is :

    ================================================== ======
    "Every alien (other than a nonimmigrant described in subparagraph (L) or (V) of section 1101 (a)(15) of this title, and other than a nonimmigrant described in any provision of section 1101 (a)(15)(H)(i) of this title except subclause (b1) of such section) shall be presumed to be an immigrant until he establishes to the satisfaction of the consular officer, at the time of application for a visa, and the immigration officers, at the time of application for admission, that he is entitled to a nonimmigrant status under section 1101 (a)(15) of this title. An alien who is an officer or employee of any foreign government or of any international organization entitled to enjoy privileges, exemptions, and immunities under the International Organizations Immunities Act [22 U.S.C. 288 et seq.], or an alien who is the attendant, servant, employee, or member of the immediate family of any such alien shall not be entitled to apply for or receive an immigrant visa, or to enter the United States as an immigrant unless he executes a written waiver in the same form and substance as is prescribed by section 1257 (b) of this title."

    ================================================== ======

    By doing this (i.e. remove my Underlined and Bold letters) they making H1B prone to 214B clause and any CONSULAR officer can reject visa based on this statute as a H1B categorized as IMMIGRANT intent rather than earlier being non-immigrant.

    Now i think this should not effect 485 or 140 or any immigration applications as still H1B holder is still categorized in DUAL Intent.

    This is how : when (d) of the above Student visa section is applied this is how it turns :

    This is from US code of rules pertaining to 8 U.S.C. 1184(h)

    (h) Intention to abandon foreign residence
    The fact that an alien is the beneficiary of an application for a preference status filed under section 1154 of this title or has otherwise sought permanent residence in the United States shall not constitute evidence of an intention to abandon a foreign residence for purposes of obtaining a visa as a nonimmigrant described in subparagraph (H)(i)(b) or (c),(F)(iv), (L), or (V) of section 1101 (a)(15) of this title or otherwise obtaining or maintaining the status of a nonimmigrant described in such subparagraph, if the alien had been admitted as, provided status as, or obtained a change of status under section 1258 of this title to a classification as such a nonimmigrant before the alien’s most recent departure from the United States.

    ================================================== ======

    Section 1258 is nothing but Change of nonimmigrant classification which allows for change of status with in Non-immigrant visas.

    based on all these , conclusion i see is : h1B visa can now be rejected ( if law passes and i wish , i pray and i am doing all my best it doesnt) under 214B for consular posts.

    Still h1B is considered DUAL Intent as per above amendment as it doesnt remove 101 (a)(b) (H) as they are speciality workers that is we seeking GC.

    Please comment , i know i am not an immigration attorney with my knowledge i tried to relate things i am curious about this subject and i request all to comment on this and i feel i made a good judgment based on these resources i have please comment.

    *******************

    But logically i also feel this H1B under 214B as doesnt logical for a person whose 140 is approved as in principle his intent of being Immigrant is approved.




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  • kinvin
    03-09 10:07 AM
    Thank You indio0617 for the upto the minute responses.



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  • drirshad
    09-11 09:04 PM
    Every visa bulletin there is some information of the coming months processing that needs to be interpreted. The Oct 08 bulletin talks about the following:

    http://travel.state.gov/visa/frvi/bulletin/bulletin_4357.html

    E. EMPLOYMENT VISA AVAILABILITY

    Item E of the May 2008 Visa Bulletin (number 118, volume VIII) indicated that many Employment cut-off dates had been advancing very rapidly, based on indications that the Citizenship and Immigration Services (CIS) would need to review a significantly larger pool of applicants than there were numbers available in order to maximize number use under the FY-2008 annual limits. That item also indicated that if the CIS projections proved to be incorrect, it would be necessary to adjust the cut-off dates during the final quarter of FY-2008. The CIS estimates have proven to be very high resulting in: 1) the �unavailability� of all Employment Third preference categories beginning in July, 2) the �unavailability� of numbers for China and India Employment Second preference adjustment of status cases during September, and 3) the establishment of many October Employment cut-off dates which are earlier than those which applied during FY-2008.

    Little if any forward movement of the cut-off dates in most Employment categories is likely until the extent of the CIS backlog of old priority dates can be determined. It is estimated that the FY-2009 Employment-based annual limit will be very close to the 140,000 minimum.




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  • ArkBird
    03-05 09:28 PM
    My PD is March-2003 and I didn't get the labor cleared till Late 2006

    I just can't help wondering how did you get your labor in 2004 with the PD of May-2003? How come snake of BEC didn't bite you? :)



    My adjustment application is pending for almost five years now. I was not in the habit of tracking LUDs but of late I was tracking and concluded that most of the time it means nothing.
    Here is what happened today. My attorney had applied for my travel document on Jan 28. I got three soft LUDs between Feb 8 to 10. Status remaing same "Case received and pending". To my surprise today I received my travel documents from my attorney. The issue date on the document is March 5. My attorney mailed it to me on March 3, I believe as soon as he received it.
    The last LUD on my case is still Feb 10 and the status still says "Received and Pending".
    I think we should not go too much by the LUDs.



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  • dpp
    07-06 12:26 PM
    I dont understand how organizations like DOS , USCIS can do such
    Ping-pong childish things in their official website.

    Save us God !

    It is sure something internally happening in DOS and USCIS on this mess. They are Scared of consequences and so trying to cover all loopholes.




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  • surabhi
    09-09 01:03 PM
    I think real estate will be attractive in 2-3 years time if atleast 2 of the following happen


    Prices remain stagnant since all builders are factoring in the growth. A stagnant price means real loss of 12% every year ( inflation rate)

    Interest rates have to come down to 6 - 7% level in India to make it affordable

    Rupee has to depreciate further to make it attractive to transfer and invest


    In current situation its foolhardy if someone is investing their 2nd /3rd home/plot in India. People seem to have lost bearing on decent diversification, asset allocation.



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  • Refugee_New
    08-26 02:51 PM
    Can you substantiate how he is suffering ? I also have a home loan through ICICI Bank and have been very happy so far. They have the best service amongst all banks in the country, and so they charge for it. Ultimately its a trade-off - you can decide whether you want to go cheap or require good service.

    As some posters pointed out earlier, its extremely easy to apply for a home loan through ICICI Bank sitting here in the US. I dont know of any other Indian banks that would provide you the same level of convenience.

    Check their interest rate and their service fee. I don't have to say anything anymore.

    By the way what kind of convenience you received from ICICI bank? Recently i asked for a password change. You know the procedure for changing the password? I don't want to waste a page here. You yourself go and verify.

    Apart from that you have to pay close to 400 rupees for every password change. Tell me if i am wrong. I challenge you.




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  • manderson
    01-07 03:00 PM
    My wife is still waiting for the AP. The receipt notice gives August 6 as the receipt date. She called USCIS last Tuesday and was told that USCIS is running really slow and is taking 180 days to process APs. The lady she spoke to asked my wife to call back after "it is 180 days past her notice date". Her 180 days will complete on February 6. We have postponed out travel plans several times.


    is this NSC or TSC?



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  • diptam
    07-06 12:48 PM
    For last few year...
    "Backlog - retrogression - Can't process more than 1 case in 1 week, have patience guys...."

    And Today ...
    "Yes we can process 25000 cases in 48 hrs , that's called efficiency "

    An we keep on accepting whatever is slapped on us and who knows what will be said to us in future.... "guys go home" ???

    I wonder what.....something is coooking and they will be some changes soon. I have a feeling they are in fear of the lawsuit and media coverage as this thing has in fact taken off....




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  • snathan
    08-12 02:25 PM
    aiming london shooting tokyo, thats exactly what this bill is doing. The vast majority of nonsense is created by small "con"sulting companies, i.e shell companies with less than 50 employees. Infact Schummer if he wanted a solution for h1b missue should have gone after these small "con"sulting companies rather than real multi national companies like infosys,tcs, wipro etc. I am not a fan of this bill but if you going to put restrictions on h1b do it the right way. it is these small "con"sulting companies with less than 50 employees that did illegal things like selling approved labor until using approved labor was abolished, it is these small "con"sulting companies which work on 80 20 model which are bringing disrepute to h1b and people working on h1b. by putting this rediculous rule which says only comapnies having more than 50 employess will be targetted by this law schummer inadvertently is encouraging the setup of more "con"sulting companies. The vast majority of green cards issued in the last 5 years (may be as hight as 80% of green cards) have been issued to the "con"sultants" working in these "con"sulting companies. People working in fortune 500 companies abide by all rules like it is the job responsibily which determines eb1, eb2 or eb3 and not your educational qualifications and therefore i have seen phd recepients applying in eb3 whereas the "con"sultants working in these "con"sulting companies who have sometimes b.sc bcom or btech degrees applying in eb2 by faking experience to show 5 years requirement, they work in SAP but they advertise the position as someone needing java or any programming experience. this is outright lying, how can people working in fortune 500 and legitemate companies complete with these "con"sultants and these "con"sulting companies with less than 50 employees for green cards.

    For green card reform the biggest culprit is per country limit\quota, the above issue is small compared to the country quota but it still needs to be solved.

    before somebody says illogical things like crab dragging another crab down etc etc, let me tell you something all i am saying is everybody should play by the rules, "con"sulting companies especially with less than 50 employees and the "con"sultants who work there are the ones which have brought disrepute to the h1b profession by indulging in labor selling and buying, applying for eb1, eb2 irrespective of job requirements and flouting the rules, for the most part big It majors infy, wipro etc did not indulge in these illegal activities.

    Do not generalise all consulting companies...At least people working in these consulting companies sponsored GC and buying house and spending their money here. Most of the fradulent GC process was done by these croocked indian companies. They exploited the EB1C system to the maximum extend. Most of the times, they are not filing the GC and keep the employees as slaves or they exploit the EB1c fo their boot lickers.



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  • conchshell
    09-10 05:04 PM
    In the past when we predicted the visa bulletin, people came up with estimated number of visas available and based on that predictions came through, which were pretty accurate.

    Does someone know (vdlrao?) what is the rational behind this move? When new year 2009's visa quota is available, how come dates have gone so much backward. So far i was keep hearing that EB2 India will retrogress by couple of months ... but what we see in visa bulletin is a retrogression by couple of years. Are there so many people waiting between 2001 and 2003, that EB2 dates have gone back to 1 April 2003? Any thoughts?? As far as EB3 is concerned, I am speechless... god knows when these people will see any light at the end of the tunnel.




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  • another one
    07-06 08:35 AM
    I think the biggest lesson for you will come in through this thread itself. You may find, after all, its not that easy to motivate people to take action, much less form a coherent strategy and run with it.

    My guess is in the end you will come out cursing not just the core but all IV members for them lacking or something, because they can't get on board with your idea.

    The only reason IV has been able to achieve something with such a low amount of "per capita" effort is because it's an "apoltical" and "volunteer" organization. You change that to "political", and amount of effort (time and money) people will contribute will fizzle out before you can have your post election party!

    My suggestion: Open a parallel organzation. Learn what it takes to get people on board with your agenda. if you DELIVER SOMETHING, people will automatically follow you.

    Funds will follow if people see viability. Anywaz nothing is coming out of lobbying efforts so currently how does it even matter ?




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  • ps57002
    09-01 09:40 PM
    I'm only posting a response cause my response is sad and funny at same time. No one's beat me yet???

    Came in Dec 1990
    Been on various visas including F1 (grad and undergrad) and H1.
    Didn't get to file GC till 2007 unfortunately...




    dtekkedil
    10-01 04:26 PM
    I am curious..

    why USCIS/ DOL needs a law to re-capture visa # which were not used in previous years ?

    I mean Congress already authorized these ? Canot DOL/ UCIS make a judgement based on their own ?

    thanks,

    There is no law to allow re-capture of visa numbers as of yet. In fact it says the opposite in the existing laws - That the visa numbers may not be re-captured.

    There has been one case of visa recapture law passed during the Clinton administration and they did not allow a rollover recapture (I believe they recaptured the visa numbers that were lost between 1995 and 2000 only (please correct me if I am wrong about the years))




    Milind123
    09-13 10:58 PM
    For all those people who are gun shy, let me assure you, it does not harm anybody. On the contrary it is helpful to all of us. Please consider pulling the trigger. The fund drive that is happening today is not the last drive; as long as we are active, their will always be fund drives. Maybe you are thinking of contributing after seeing the effects/results of Sept 18th. In that case, I urge you to contribute now to get the maximum bang for your buck. Think about the Macy�s firework in New York. It will be rather boring to see them light one fire work each night during the month of July, just because funds did not arrive in time or were slow to arrive. Sept 18th is our 4th of July. Please make your contributions esp. if this is your first time. Contribute so IV can pay for all the items in their list and make this firework really bright.



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