Wednesday, August 10, 2011

cat in court

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  • suhanya
    08-12 02:15 AM
    I am doing an employer change - HtoH transfer.

    Do I have to wait for the H1 transfer approval or is the receipt good
    enough for me to travel abroad? Do I have to get my new H1 stamped
    before reentering? I still have the dates on my old h1 (from AMD)
    valid on the stamping on my passport - will this suffice? Please
    explain.

    Also my Advanced Parole is on its way. Will I be able to travel on EAD
    and AP, when my H1 transfer is being filed? Can I still hold on to my
    H1 status, if I traveled using my AP?


    Regards,
    Suhanya.





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  • samay
    07-14 06:33 AM
    I have a unique situation
    1. My PD is EB3 July 2004.
    2. My wife's PD is EB2 Jan 2005
    3. I am dependent on my wife's 485 filed on July 2007. Her I140 is approved.
    4. I switched job on EAD I got from her adjustment application,but earlier company has retained my I140 application.
    The H1 from earlier company expires in August 2008.

    Question is what are my options regarding using my I140.

    1. Can i port my PD for my Wife's application, since it is 6 months earlier ?
    2. Is there a possibility that I can use my I140 whenever it is approved to get an EAD independently since I have already applied for adjustment from my wife's application and not be a dependent on my wife's case.



    1. No
    2. You cannot do that unless you applied for adjustment of status (I-485") as the primary applicant. Since your date is not current right now you cannot file your adjustment of status as a primary applicant.





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  • lotsofspace
    02-13 11:59 AM
    I agree that quota system is cumbersome. It would've been much easier just to have one bucket. But I fail to see how it is discriminatory when every coutry gets an equal piece of the pie. It is a classic supply and demand issue, but it's not a discrimination. Consider also the fact that GC is a grace not a right. "Is it not lawful for me to do what I will with mine own?"

    The problem here not every country gets equal or equitable piece of pie. The probelm is Part of the pie gets thrown out and not given to people in the line because too many of them happen to be from one country.





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  • mantric
    02-15 05:53 AM
    Completely agree with Googler.

    While I have sent the letter and convinced a few friends to do so let's be realistic. It is too easy for this letter campaign to be swept under the carpet of the next crisis to occupy the attention of the government. The letters may just get thrown in the garbage - whether 2000 or 20000. Nobody is answerable. Based on past history for such campaigns the chances for success are pretty low. Also this friendly govenment does not have much time left.

    This is ultimately a fairness issue. There are issues of discrimination based on country of origin. Careers are stopped midtracks for nationals of particular countries. For ages. This situation is completely unnatural. If someone gets a promotion he has to go back to the beginning of the queue. Growth potential and economic contribution is retarded during career prime. And if it was'nt bad enough already, visa numbers have been wasted in huge numbers to make things worse.

    Going to the courts appears to be the only way to make people confront this fairness issue, that these delays and uncertainty are affecting real lives and careers. It will reinforce any letter campaign.
    People who think the current laws are fair should be reminded that it is only the consequence of the laws that matters not the intent.

    Also everyone please browse through the previous I-485 lawsuit site -
    http://www.immigration.com/litigation/I-485_litigation.html
    If has a lot of useful information.

    Note the background for that lawsuit was that a letter campaign had failed to bring results.


    Just wanted to chime in to say that filing a lawsuit will only aid any campaign for admin fixes. The NC changes were done administratively but anyone who tells me that the scathing rulings from the federal courts had nothing to do with current changes is living in denial -- the recent rulings essentially shredded the legal basis for the form of these NC checks and attendant delays.

    There is absolutely no reason not to pursue both options. It would be totally delicious to have USCIS testify in court and explain exactly how they f&$@-ed up badly enough to pervert congressional intent and waste approx 120K EB greencards in 2003-2004.

    Write your letters (what does it take 10 min of your day), you have nothing to lose and something to gain by that. I did. But don't forget suing is the American way of justice.



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  • chanduv23
    02-13 11:50 AM
    We have three now and atleast 8 who supported this issue on the thread

    I would be the happiest person seeing this :)

    Lets add a poll - we want honest takers on this poll.

    Thread starter - please post a poll





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  • imm_pro
    01-13 04:24 PM
    Just wondering what IV Core's stand is regarding this memo



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  • grupak
    12-13 10:57 PM
    I advocate talking to policymakers, writing to them, and calling in on any talkshow on the radio/tv - where ever there is an opportunity.
    I am not sure if we can challenge the legality of the system. However, I do question the motivation behind this policy. It is morally and ethically wrong and does not make any economic sense. It is probably hurting the economy, if you get my drift. My thought is that it can be adressed by enlightening the very people who put this policy in place - the congressmen/women.

    Yes, we as IV are meeting lawmakers and lobbying, and media campaign too.

    Just discussing if anything else can be done.





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  • qvadis
    02-13 06:44 PM
    Before AC21, the spill over goes vertically.
    After AC21, the spill over should go horizontally.

    Now ROW experts, post your comment for this hypothitical example ..

    Lets assume there are 100 unused visas in EB2 catagory in a calender quarter. Worldwide EB damand is more than 140,000. Now, how will you assisn those numbers if it is before AC21 period and if it is after AC21 period.

    If you say in both cases it goes to EB3-ROW, then we are not stupid to listien.

    (a) INA 202(a)(3) states that the total number of visas available under both subsections (a) and (b) [...] exceeds the number of qualified immigrants [...] (2) shall not apply [...]. In your case, there are no excess visas available for FB immigrants.

    (b) INA 202(e) Special Rules for Countries at Ceiling. requires that additional visas are distributed according to the world-wide distribution across FB and EB categories. Of the 100 unused visas 77 would have to be alloted to FB, and only 22 to EB categories. Assuming a 1/3 distribution in EB categories EB1, EB2, EB3, 7 would go to EB2.

    If USCIS cannot follow this rule, those 100 visas would be unused for that fiscal year.

    With AC21, the 100 can be assigned to oversubscribed countries, if Visas are available, ie. demand in all categories is less than supply. With EB3-ROW retrogressed, that is not the case.

    Just the way I see it....



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  • user1205
    02-12 01:37 PM
    As far as I know the country quotas are followed only in the first 3 quarters of the year. Last year a lot of numbers were used for India/China in the June/July fiasco and ROW used less than the yearly quota. India had I think 3 times the yearly quota in those months. So they're trying to use up as much as they can for ROW this year I guess.


    I have the same question. State dept moves the date just so that the visa numbers are used for that category. If a category is retrogressed, then it can't really be "undersubscribed".

    This was listed at the bottom of the page in the March VB in state dept's website:

    The cut-off date movement for March in several Employment categories has been greater than those experienced in recent months. Advancement of the cut-off dates at this time should prevent a situation later in the fiscal year where there are large amounts of numbers available but not enough time to use them. If the expected increase in CIS number use materializes, future cut-off date movements could slow or stop.





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  • samay
    07-06 11:35 AM
    My wife came to US on L2 visa. We applied for her H1 in April'07 and got selected in lottery :). She has been working since Apr - 07 with the same company first on EAD (from L2) and then on H1B. meanwhile we got lucky in July 08 and applied for 485 for both of us. We came back from India in Mid May using AP after one month vacation. ( we have EAD and AP). She stopped working 2 weeks after coming back and hasnot worked since. My quesion is
    --- What is her current status ?
    --- Can she start working on her EAD and abonden her H1B?
    --- Will she be able to come back on H1B or H4 ( I also have H1B now)

    :(


    Hello,

    Your wife 's current status is pending adjustment of status (pending 485) or a parolee. Yes she can commence working immediately on her EAD. However should she want to enter the US on a H-4 visa she would need to have an approved H-4 petition and get her visa stamped outside US to enter on H-4 visa into the US.


    =============================================
    Immigration Attorney
    Licensed to practice US Immigration Law and practice concentrated on US Immigration Law & Nationality Law

    Disclaimer: This information is general in nature and is not intended, nor should it be construed, as legal advice. This post does not create any attorney-client relationship between us. For specific advice about your particular situation, consult an attorney.



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  • nitinboston
    05-29 04:52 PM
    Its time to wake up. The writing is on the wall. I have been stuck in EB3 since 2005 and i dont see myself getting a GC anytime soon. The only way the govt here will realise how much we contribute to this economy is, When we will start leaving in droves.
    I got my PR to Canada in 8 months and am already applying for job's there. I think i am done with this system, there are way too many people running after way few GC's. And USCIS knows it, we are a bunch of brown people sitting on our knees begging for GC. We have become the slaves of 21'st century, and i am gonna break free from it. More of us do so, better it would be. If US wants to loose all educated hard working people to Canada, Australia and other countries, so be it.





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  • grupak
    02-12 05:37 PM
    To fix the problem for everybody need both (1) increase in visa numbers and (2) remove/increase country quota, IMHO.



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  • aviv
    07-25 05:30 AM
    cal_dood & meekdesi


    Which country do you guys belong to and why are you here?

    Appreciate your honest and decent response. Thanks\\


    Meek and Caldood, Please let us know your religion and state of orgin (e.g., Bihari, Bengali, UP bahiyaa, Malalyali) if you were born on Indian soil. It will help us better understand your viewpoints. India is a vast country and people usually their opinions based on where they come from and their life experiences.





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  • rahulpaper
    06-28 07:07 PM
    Yes it does not say interim memo....the underlying point was that the directive comes from DOS once all these numbers are used up by approved applications and not "filed applications"

    The mid month retrogression can happen...not based on number of filed applications but based on number of approved applications....and if they have enough applications (preadjudicated) sitting for numbers to become available...the system should process all of them in one day...and you know what will happen then............


    http://www.imminfo.com/resources/cis-sop-aos/1-16.html

    According to this manual..visa availability is determined by Visa bulletin ALONE..no where it mentions to look for an interin memo from INS..



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  • _TrueFacts
    09-05 01:10 PM
    May be YSR came to power just to lose his life. Good for him and YSR got what he deserved, even dogs do not get that death, the worst sinners get it.

    Andhra Jyothy Telugu News Paper Online edition published from Andhra Pradesh, India (http://www.andhrajyothy.com/latestmainshow.asp?qry=/2009/sep/5new60)

    That entire family and followers like you are infested with barbaric thoughts. I hope it brings an end to his Son as well.

    Why should one have sympathy on a criminal? Do you have sympathy on Kasab, Saddam, Hitler? Do you know my caste, do you know where in AP I come from?

    Do you know what he did to Kotla Vijay Bhaskar Reddy, P.Janardhan Reddy. This gunda YSR was involved in large scale communal violence in Hyderabad, just to get into power by denigrating then CM Marri Chenna Reddy Reddy (Dec 1990) and was upset when Nedurumalli Janardhan Reddy was made CM. More then 400 innocent people were killed who have nothing do with YSR . Caste, religion are excuses by people like you to support that barbaric YSR.
    Link: Congress and the Hyderabad riots of 1990 : Black Beak blogs on sulekha, General blogs, Black Beak blog from india (http://black-beak.sulekha.com/blog/post/2007/12/congress-and-the-hyderabad-riots-of-1990.htm)

    YSR a mass murderer beyond redemption

    Being a Christian CM, why is he involved in TTD activities?

    Y.S.R used his position to bring Christian institutions into the decision making loop of the TTD. There was a huge surge of churches along the roads leading to the holy shrine and a recent auction of Hindu temple land on Tirumula Hills.
    Link: IntelliBriefs: Tirumala Lands to Church : Intelligence (http://intellibriefs.blogspot.com/2005/07/tirumala-lands-to-church-intelligence.html)

    All posters and readers go through the links to see the facts yourself.

    Few More:
    From TOI: Democracy as mafia warfare - All That Matters - Sunday TOI - NEWS - The Times of India (http://timesofindia.indiatimes.com/articleshow/msid-782107.cms)
    From http://timesofindia.indiatimes.com/opinions/782107.cms#top0 (http://timesofindia.indiatimes.com/opinions/782107.cms#top0)





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  • sri1309
    09-25 06:56 PM
    The logic is that you are 'putting down roots' by buying a house. If all it takes is proof of closing a mortgage, one could always turn around and sell the house. somethng like that would undermine the credibility of IV in the medium/long run.

    I had initially advocated treating first time home buying as the same as marriage to an American citizen. In my opinion, that is a short,sweet,simple and sensible approach to follow that will also resonate/stick in lawmakers minds (rather than a long,rambling letter, no offense meant to the writers, it was quite well put together).

    Ghee agar seedhi ungli... I guess you can complete..



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  • lordoftherings
    07-10 11:06 AM
    Vancouver is really a nice place with beautiful climate all the year around even better than seattle. Good Luck!!


    lotr





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  • Kodi
    05-17 05:05 PM
    According to the latest news from Sri Lanka:

    1) All the Tamil civilians that were held hostage as human shields by the LTTE, have been rescued by the Sri Lankan army and have crossed over to safety.
    2) The LTTE have conceded defeat and said it is ready to surrender to a 3rd party.
    3)The whereabouts of Prabhakaran is not yet known but there is lots of rumors in the net saying that his body has been found and it is being investigated for DNA proof.
    4) The Sri Lankan army is still engaged in clearing out small pockets of LTTE that still remains.
    5) The whole island is celebrating with dancing in the streets, fire crackers and distributing Kiri-Bath (Milk Rice) which is cooked for very important occasions. And I wish I was there too !!!! :)

    So as you see it is all good!!!

    Same here. I wish I was there to join the celebrations.





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  • at0474
    12-13 04:12 PM
    I dont think that the per-country cap on immigration is "Unconstitutional." It may not seem fair to those affected but it does not violate any article of the US consititution. The country has a right to regulate its borders; that is its right. We should try to argue that the policy is counter-productive and harmful - not that it is illegal.

    --Well said.





    grimreaper
    07-21 02:02 PM
    Because of all these experiences, even when you genuinely smile or strike a conversation with a desi, he/she first suspects you to be an ammway guy. I face it everyday, being "outgoing extrovert" in nature, I tend to smile and talk to people in elevators, walkways, malls, restrooms, groceries etc... which is mostly casual fun stuff and most times desis suspect that I am a ammway guy and cut me out harshly.

    When I moved to Cali about 2 yrs back from the midwest, I saw a guy at a desi store in the bay area who looked very similar to an old school friend whom I have not seen in 14 yrs. I went upto him and started talking to him asking if he was the same guy, He insulted me and avoided me like the plague. In midwest, I have not had any similar exp when I have tried stiking any conversation with a desi, so I was shocked. Then my BIL who had been living in the bay area for a while tole me about amway cons being in huge numbers and the fact that Desis do not trust anyone in the bayarea who appear friendly and the probable reason why this guy behaved the way he did. It is sad that we cannot be friendly to our own countrymen.





    gc28262
    01-14 01:14 PM
    V true.

    Folks, the memo clearly empowers USCIS to crack down on consulting firms which don't have any in-house infrastructure (other than contractors) to execute projects.
    H1B is misused for a long time now by these firms and it was high time they put the screws on these "job shops" as they call it. Unfortunately some talented workers will get impacted.
    But if they are talented they will find opportunities elsewhere. Trust me on that. And better opportunities.

    Nathan is exactly right. These firms have created a mess by bending rules everywhere.

    Don't start speculating that USCIS is trying to throw out all immigrants from this country. I'm surprised that folks don't take a proper view of the situation (yeah..bring the reds on and call me an anti-immigrant).

    You are wrong. Look behind the scenes to understand what is really happening. Who forced this memo ? Who made this lawmaker to write letters to USCIS director ? You were not watching while all the background work was being done by anti-immigrants.



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