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  • GC_ki_daud
    08-06 09:56 AM
    Hi

    Is it ok to work part time (say 10 hrs a week) for a different company using EAD, while working for a primary company on H1B ?

    Thanks





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  • rayoflight
    08-15 02:00 PM
    Well it is a big deal for all Indians. I am not talking per se about SRK but as a fellow Indian. Does it take 2 hrs to ascertain his identity when he was here as a guest to the Indian Embassy as a Cultural Ambassador of India to participate in the Indian Independence Day Celebrations!!!

    Some of you raised excellent points like would the US Media keep quiet if a Hollywood star is treated out this kinda treatment in India or any country?

    Would it keep quiet if:

    1) Their ex-president is searched by an airline staff

    Our ex-president Shri Abdul Kalaam was searched by Continental

    2) Hollywood star is strip searched in a foreign country

    Amir Khan was strip searched in Toronto Airport

    3) Hollywood star is questioned about their nationality because they dont like American

    Neil Nitin Mukesh was questioned in 2008 whether he was Indian since he didn't have features.

    and many more incidents...

    - Rayoflight





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  • Googler
    02-15 12:11 AM
    As I said in the Mocanu thread:

    Btw, apparently the law firm that argued the case for Mocanu and the others was: Orlow, Kaplan and Hohenstein (http://www.orlow.com/index.htm).

    Wonder whether it is worth initiating a conversation about the validity of the legal argument for recapture (Mocanu + Aytes memo + Galvez-Howerton) with them -- they certainly know enough about the details of the name check process; they might need some more details about the 2003-2004 lost EB greencards, but I'd say they are pretty well prepped for all the other details.

    It would be beyond good for the case if we had some EB applicants who filed their 485s in 2003-2004 and are still waiting.





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  • belmontboy
    05-29 04:17 PM
    We all need to concentrate on being united. No point in pulling down others. This is typical behavior of Indian attitude. Do you think you will get your GC faster if EB1 abuse stops??? I would say no, we would be still stuck in the same shit hole for another 10 years. Why waste energy on this??? We should rather work on more constructive action items.

    Our main problem is 7% quota for India, China and other retrogressed countries is simply not enough. We need some relief in any possible way.

    Sometime back i did suggest an idea of working towards a separate Quota (not counted towards 140,000) for Masters/PhD students. That horse was beaten to death.

    Lets think more positive and list down all actions that we could work.

    To start with i suggest on having a separate quota (not counted towards 140,000) for Masters/PhD students. That should ease most of the pain.

    If anybody has other bright ideas, feel free

    Channel your outrage on a positive action item



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  • Bpositive
    07-22 09:17 PM
    I am the primary application on my I-485 EB2. I have a valid AP. With the massive time it is taking to get the GC, I am considering working in India - with same employer; same salary. Can I do it and come back into the US while AP is valid?





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  • _TrueFacts
    09-04 11:09 AM
    YSR is far better than Chandrababu Naidu(Iron Leg) and Balakrishna

    Comparing people on levels of corruption is an excuse to accept some one new. By the way you forgot..YSR did a graduate to a higher level killings, land grabbing, distribution of wealth, free Vatican trips.



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  • AirWaterandGC
    05-10 07:13 AM
    Does anyone have a comment on this ?

    I do have my CA PR. Waiting for US GC, my CA PR clock is ticking. Once I am more than 3 years past in the CA PR card and if I still dont go to CA, I understand that my CA PR may not be renewed. My question is : Is is possible to at least enter CA for the last (during 5th) year of CA PR ? Also is it possible to re-apply for the CA PR once I am say 4 years done in my CA PR life without entering CA ? Gurus , please shed some light.

    On another note : I would request no one to make offensive remarks about a great country like Canada. It may not have as many opportunities as US has or be a lot more restricitve in providing licensure to some professionals, but please bear in mind that it has provided respect to some of us by making some of us it PR .... which the great US is still to bestow on us. Even when we have not contributed a single cent to CA or its economy while we have earned/contributed millions to the US / its economy.





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  • anujcb
    05-09 08:05 PM
    Do I have to go to a local police station and ask for FBI finger print card?

    can someone in detail tell me how this finger print/background check should be done in the US?



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  • hiralal
    06-01 07:28 PM
    ss benefits when we retire is such a long way away ..who knows what the situation will be that time ..US just needs a law change and ss benefits can be denied at that time ,,,so it makes more sense to discuss and act on recapture rather than waste time on something that will occur is 2025 or later ..just a thought





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  • _TrueFacts
    09-03 11:53 PM
    With your utmost stupidity!!!!!

    Anyway thanks for the Humor from your stupidity...

    If you had a laugh on my post good for you. Should have given you some relief from YSR's death. I have been laughing, smiling and eating sweets since I knew the news.



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  • mbartosik
    12-13 11:48 PM
    Mark,

    what say you?

    In some states the courts are "Courts of equity and law" or is it "Courts of law and equity", in other words the court has a mandate to enforce fairness within the bounds of the law (NY State is one such state). This derives from English law. However, I do not believe that is the case for federal court.

    If the courts were courts only of fairness, equity, what's right, etc., yes, indeed then I think that we would win. But the courts are courts of law. In our case the federal courts are courts of federal law. Congress writes those laws, and the courts are free to interpret those law but not change them. The courts can also throw out a law (this is often appealed to Supreme court). The Supreme court's job is to interpret the constitution, and to define how the lower courts must interpret the law, or to throw back the law to Congress.

    We have next to no chance in lower courts.
    Even if we appealed through courts up to Supreme court, and win we would loss because Congress would still be free to change the law to restrict in other ways, possibly with the same effect. In the mean time we would alienate those law makers on our side. Also USCIS would be free to stop ALL EB immigration, while the Congress decided how to rewrite the law.

    In our case there is no interpretation other than the mess that we are in is the law. So the Supreme court would have to find that the law was against the constitution, which I highly doubt that it is.

    Even if the supreme court found that the law was against the constitution, Congress could enact another similar law (akin to minimum sentence), that merely fitted within the framework of the constitution but achieved the same end result. A recent example of this was when the Supreme court found that Gitmo detainees must be given a right to review of their detention. The detainees were not immediately released because they were detained without review and against the constitution, no, Congress simply passed a law allowing review by military tribunal, that complied with the Constitution, and the detainees remained detained, with a totally meaningless review (not allowed to see evidence against them etc.).

    Thus the branch of government that we need to convince is Congress (which by the way I think the Constitution or an amendment gives the right to government immigration).

    I'm not saying do not fight, just fight smart.

    To me fighting smart means going to the law makers, politely, and persuasively. It is not aggressive, it is not radical, but it is fighting wisely. So I don't think that we are backing down in the face of things that are wrong, I think that we are standing up, but intelligently, and fighting where we can win.

    It is Congress that ultimately decides, the Supreme court can only say to them, "sorry, not in compliance, try again".





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  • chintanop
    07-03 11:25 PM
    Totally agree!
    Digg is about how fast the story becomes popular.. even though we had large number of diggs with previous stories, it wasnt fast enough.

    Lets all digg this...NOW! FAST!

    http://digg.com/politics/USCIS_Visa_scandal (http://digg.com/politics/USCIS_Visa_scandal)


    Guys, we are all computer friendly unlike our previous generation,lets use the internet to the fullest.

    Please dig the link so ppl understand the scenario and making the news sensational but true helps!! Please add your comments to the blog ,hopefully, comments not 2 frustrated or impolite. Remember we claim to be legal immigrants,lets show some refinement and class :)



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  • chetanjumani
    07-25 02:18 AM
    Ron has been speculating successfully for some time, how ever there have been times when he has been out of touch.

    I was following his post, and he was a strong believer that EB2 retrogressed cannot get the visa's before EB2WW becomes current, even after it was categorically stated in the bulltien/and confirmed by googler on IV.

    He himself contacted the person in DOS and only after he was specifically told that EB2 retrogressed gets the visas before EB3, is when he changed his stand.

    He also predicted that EB2 would not move much in august 08, where as clearly it has.

    So I would say he does his best to predict, but with USICS, no one has been able to predict successfully over a period of time.





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  • Macaca
    07-04 10:25 AM
    Any URLs that make the following (in IV press release) look more believable

    resulting in inconvenience to at least 100,000 skilled professionals waiting to file for "adjustment of status"
    One estimate puts the expenses by applicants over the last two weeks at over $6,000 million in filing fees



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  • carpediem
    05-28 11:45 PM
    Can someone tell me if this is right?

    - Total number of EB-2 visas = 40,000
    - 7% of 40,000 are allocated for India = 2,800
    - Number of EB-2 I I-485 apps pending = 30,000

    So if there is no spillover from other categories it will take north of 10 years for all the people who applied for I-485 in the July 2007 fiasco to get Green Cards. The only caveat to this would be attrition or legislation.





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  • 485_spouse
    07-08 08:53 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



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  • whoever
    02-15 11:37 AM
    hey anyone know why since democrats have taken control of house, senate, they havent uttered a word on immigration? last year there was so much noise on tv regarding immigration but none at all this year. i wonder what is going on.





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  • jayleno
    07-21 06:17 PM
    I'm enjoying this thread more than I enjoyed the predictions one. I'm imagining a qucikstar star reading this thread and smiling to myself. My wife thinks I'm reading a joke on the internet.

    Keep them coming guys.





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  • apnair2002
    04-29 09:23 AM
    04/29/2007: Elimination of Substitution of Aliens for the Certified Labor Certification Applications

    As we stated earlier, the OMB had 90 days to make a decision on this DOL Final Rule. It was submitted on 01/26/2007 and the OMB cleared on 04/27/2007, just immediately prior to expiration of 90 days.
    This final rule will not go into effect until it is published by the DOL in the federal register. Record reflects that this final rule will not be published in the federal register, Monday, 04/30/2007. We have yet to see what changes to the proposed version of the rule the DOL made in the final rule. However, it is certain that this rule will not go into effect on Monday, 04/30/2007, and there may still be some actions the employers can make before it is published in the federal register.
    Pending Labor Certification Cases: PERM rule does not allow any amendments and no substitution of alien beneficiary available until the PERM application is certified. By the time PERM is approved, it may be too late to initiate the substitution. However, the cases which are pending at the BECs are different. The beneficiaries can be substituted inasmuch as the job order and the BEC supervised recruitment has yet to be initiated. At this time, the amendment of the BEC application does not require a paper request and e-mail or even phone call request followed by fax will work to substitute the alien. Under the final rule which will go into effect soon, the labor certification applications at the stage of DOL can survive only if the substitution has been approved at the time of release of the final rule. Accordingly, the employers can contact the BECs tomorrow, Monday, to amend the pending ETA 705 and alien beneficiary over the phone, via e-mail, followed by the phone calls and fax or straightforwardedly via fax. CAVEAT: If substitution is denied and original beneficiary ETA 750 is denied for the reason that there is no beneficiary, the employer can lose everything!!
    Certified Labor Certification Cases: These cases will not be able to survive unless the I-140 petition is quickly filed on Monday substituting the alien beneficiary. The earliest filing date will be "Tuesday" since overnight delivery has to reach the Service Centers. Still worth trying. Once it is "filed," it will be safe. There remain a host of issues which will have to be resolved by the USCIS as to the consequences of the denial of these substitution I-140 petitions on issues other than alien beneficiaries qualifications such as the employer's financial ability to pay the proffered wage, etc. Obviously, the denial becomes a "final" action, the cases on appeal to the AAO will continue to remain outside the parameter of the elimination rule. Another question is the effect of motion to reopen of denial of substitution I-140 petitions. There is some chance that the USCIS may decide that once the motion is granted and I-140 petition is approved, the DOL's final rule of elimination of substitution will not affect the case. What if the employer refiles the substitution I-140 petitions? The chances of these cases will remail slim or nil. Since it will be considred a "new" filing of substitution I-140 petition, the USCIS may rule that such filing will be subject to the DOL's substitution elimination final rule. There will be other issues which fall under the jurisdiction of the USCIS rather than DOL as related to the interpretation of the substitution I-140 petitions. The USCIS is scheduled to initiate this rule making process sooner or later. Please stay tuned.
    Impact on the Retention of Priority Date: The rule of retention of priority date is governed not by the DOL but by the USCIS. Under the USCIS rule, the priority date of the labor certification application is not retained until I-140 petition is "approved." Accordingly, if the decision of the denial of the substitution I-140 becomes final on appeal, the substituting alien will not be able to retain the priority. Neither the original beneficiary can retain the priority date unless the alien beneficiary substition I-140 petition was filed after the I-140 had been approved for the original beneficiary.
    Impact on the 7th-Year H-1B Extension: Until the substitution I-140 is denied and becomes final on appeal, the substitutiing alien will be able to continuously extend the H-1B status in one-year increment, but the substituted alien will not be able to extend the 7th-year H-1B status based on the substituted labor certification application. Once the decision of denial becomes final, the substituting alien will not be able to extend the H-1B status after that time, but the validity of the approved 7th-year H-1B status will remain valid until the expiration date.
    Impact on the 245(i) Benefits: Grandfathering of the 245(i) benefits cannot be transferred to other aliens and substituting aliens cannot take over the 245(i) benefits unless the substitution was filed before April 30, 2001. Once the grandfathering is attached, it remains valid unless "not approveable at the time of labor certification application filing" is found. Accordingly, the denial of substitution I-140 petition on behalf of the substituting alien will have no affect on the original beneficiary's retention of the 245(i) benefits.
    Well, let's wait and see the text of the soon-to-be published final rule.





    tempgc
    09-14 03:15 PM
    PERM applicants in 2005 (7276 of this 40% are Indian and 60% from EB2 ) -> 1750 LCA
    1100 LCA => 3850 GC
    .
    I got the below numbers from the PERM FDLC site for the applications filed in 2005 and approved in different years of 2005,6,7,8
    2005 India 1353 (filed in 2005 and approved in 2005)
    2006 India 3888 (filed in 2005 and approved in 2006)
    2007 India 60 (filed in 2005 and approved in 2007)
    2008 India 10 (filed in 2005 and approved in 2008)

    Total 5311
    5311 for both EB1-5 : So taking 50% for EB2I - 2655
    GC : 2655*2.5 = 6637 ~ 6500 (considering lucky 2008 Aug-Sep approvals, 2009 Sept)





    ebizash
    07-21 12:17 PM
    I hate their scheming means to rope you in. They keep calling you and bug you to death. Is there anything that you could do to repel Amway desis? Any sprays, creams, poison?

    If you want to be gentle - You can say that you have done it in the past and quit...
    If you want to scare them - you can also add I quit because I got an audit from IRS and USCIS as it is illegal on non-immigrant visa....that will scare the hell outta them...