Tuesday, August 9, 2011

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  • samay
    07-15 05:18 PM
    Hi there,

    Here is my situation, any help to resolve this is appreciated.
    - My self (primary) & my wife's(derivative) I-485's (PD June 2002) were filed in March 2007.
    - My I-485 was approved in July 2007, my wife's was pending due to NC.
    - My wife's employer filed PERM (PD June 2007) & then filed I-140 in March 2008.
    - We recently contacted NSC regarding my wife's case status, we received a letter from them stating that, her I485 is waiting for I-140 to get approved.

    They linked her new I-140 to her pending I-485 that was filed as derivative.Is this USCIS error?.How to correct this error and have them consider her I-485 application as a derivative application?.

    Thanks for your help.

    [COLOR="Blue"]Your attorney should get in touch with the USCIS.This situation can be sorted out with informing the USCIS. In case you require any assistance please get in touch with me.





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  • unseenguy
    08-16 06:03 PM
    My point is Indians do not have the balls to do it. Forget americans....they can not even touch an indian MP. Every day lots common people going through this security check. Whats so special about SRK. He is king only in his mind/heart. For lot of people he is crap. No special treatment. Whats the big deal if he is detained for 1 hr. The world is not going to end

    Its just highlighting the profiling because of name of religion or skin color. I agree world is not going to end but Indians need to be assertive to protect their own dignity.





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  • somegchuh
    09-06 02:22 PM
    We applied for canadian immigration in 2002 but didn't have to provide the IELTS results. Things might have changed since then.

    We applied for Canadian immigration through Buffalo, NY in December 2005. I got a letter later in February 2006 stating that the principal applicant (me) must take IELTS. Yes, I sent all the experience letters and a letter of explanation that I have enough English proficiency having stayed in the US for about 11 years, with two bachelor's degrees from a US university, many years of experience, blah-blah-blah. Apparently, that was not enough. So, you better plan on taking IELTS. :)





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  • snathan
    03-29 10:28 PM
    (Though I would also like to see this forum used only for immigration matters..)
    Thought of adding in few more points..

    So what kind of visionary are you looking for.If we make the current govt's performance as a basis then is it someone like this:

    One who questions existence of Rama , makes a success of Sethu samudram project pulling down Ram Sethu thus hitting the sentiments of the Hindus in the Hindu dominated land.
    One who arrests Sankaracharya (both semior/junior acharyas)based on suspected conspiracy angle on Deepavali eve and holds him in Jail for 60 days , bringing interruption to the Chandramauleswar puja that has been consistently conducted in the Mutt for 2,500 years (it's another thing nothing was proved for almost 5 years now)
    One who abuses Sadhvi Pragnya Thakur with evil intent to bring up something called Hindu terrorism,conduct 4 (not 1/2) narco tests apart from other unmentionable things.
    One who overlooks the murder of Swami Laxmanananda Saraswati.
    one who set's up conversion camps in Tirumala.
    All of them state sponsored.

    (On a side note:If Hindus' protest against these acts call them communal, it they don't call them spineless.
    It's like Hindus in Hindu dominated land are damned if they do ,damned if they don't)
    Well of course none of the Hindu's did anything when all these things were going on.It's another thing that they don't get any credit for their communal harmony kind of nature. Some how the de facto image has to be demonic Hindus who are in majority in India discriminate and hate minorities.)

    Mumbai terror attacks, Controversial nuke deal, bomb blasts in 5/6 other cities.

    All other candidates in the above poll will surely give some what better performance than this if made PM.

    For those who don't know and who are backing Manmohan Singh he never contested any elecetion so far and he is also not fighting these elections.He is taking Rjay Sabha route again. Don't know at what gun point Sonia Gandhi is holding him but this guy actually wants to retire after having had so many major surgeries all his , one more recently.
    Buzz is also that if UPA wins Manmhona singh will be made PM and after some time will be replaced with Rahul Gandhi.So it's all hog wash.


    I am looking for a visionary who can bring Indians out of poverty, who can give good education, security, health care and good infrastructure. Who can save us from the unstable countries and aggressive China. I am not bothering whether Sankaracharya is in jail or not. How its going to affect a common man who is begging even for basic amenities.



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  • vbkris77
    09-14 03:35 PM
    I got the below numbers from the PERM FDLC site.
    2005 India 1353
    2006 India 3888
    2007 India 60
    2008 India 10

    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)

    Unless you source is different from mine, India total PERM LCs were as below.

    2005&2006 - 25000
    2007 - 25000
    2008 - Not many
    2009 - Not many, but unknown

    Even at 50% EB2, EB3, we will have a long wait. There will be a visa demand of upto 60,000 for EB2.

    We know that sometime back, one of an IV member got response from a senator that EB2 India backlog is 45,000. Even if I agree that there are 5K approvals in Sep 09 alone, EB2 still has 40,000 pending with PD before July. I am only adding 40% from there even though every India applicant knows that EB3 F***dup and a joke.

    So we have a long wait.. Lets admit it..





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  • looivy
    08-20 10:35 PM
    There are other important immigration matters to be discussed.



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  • pappu
    12-09 09:01 AM
    The thread was started by an IV core member who took the lead on this and this idea has also been pursued by him with officials. If you have any questions to the core member, contact him. You can also contact your state chapter leader who can easily communicate with any core member.
    It is not possible to read all posts and respond so you maybe disappointed.
    Thanks.





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  • ryan
    08-17 12:34 PM
    I cannot believe there are 9 pages (and counting) worth of sentiments, because some lame talentless guy was subject to security checks at an International Airport. I'm someone who was born India, but never lived there - however I'd think there are incredibly talented Indians here in America and worldwide compared to someone who's used to blatant exploitation / sell out of Indian culture. The guy is a disgrace. And some of you, please stop rolling over to play the 'victim' in any given post.

    You do not need to 'stand-up' for Shahruk Khan. Stand up for yourself, for every - everyday Indian Joe & Jane who've travelled from their hometowns to make a living and for a future. Stand up for the hero in you - not clownish make believe bollywood heroes.



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  • shana04
    10-15 06:36 PM
    So, in just two years, every category should be current. Lets not scratch our heads.



    I don't care about the logic but, I like what you said!;)





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  • dallasdude
    05-29 03:50 PM
    No one is arguing that lot of EB1Cs do not deserve the classification, however; that is not the root cause why we are backlogged. You might get 1000more visas , you would think but at the end of the day , you will close that gateway as well. 1000 EB1 visas are not a major relief for us. And if you think that will resolve the issue, you are mistaken.

    There is a political decision to backdate the country dates and hence even if you take up Eb1 issue, they will close that line as well, but those visas will not translate into more visas for us. Bureaucrats can come up with gazillion excuses as to why spillover did not happen such as "there is now demand for religious workers".

    So do not deviate the focus of the community. Our purpose is to get our GC, not stop someone else from getting a GC. Thinking otherwise mean , divisive and selfish mentality! or plain jealousy. Has anyone stopped you from working for Cognizant?

    We need transparency and better predictability in the whole process. Someone said Oppenheim knows more than many of us. My question is why should we trust him? Shouldent there be a system that gives clear picture to everyone?


    Bottomline is we need to choose our battles! EB1 is not the battle we need to fight right now.

    Hope you're not one of the EB1 fellas. I understand your point, but we just cant ignore what these primitives are doing and abusing the EB1 category.



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  • GCwaitforever
    02-14 03:01 PM
    Is there anybody in the 'YES' voters in Washinton DC (or near by) who could go and talk to Rajiv Khanna? If not, let us close this thread.





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  • Keeme
    05-12 03:25 PM
    I think this forum is the wrong place to discuss any of this. The thread must be deleted.

    I'm sorry, forgot to say ' GOOD BYE" when you declared 3 weeks back - you won't visit IV site any more and wanted to denounce your IV membership.

    May I ask, what made you to change your mind ?

    Dear, you won't get a good farewell party here ! Pl help youself !



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  • greencard_fever
    07-16 08:42 PM
    This whole thread is speculation, your basic assumption itself is wrong. The horizonal spill over is not a permanent policy or trend which will be practised. You should read the INA law clearly. But if this speculation makes you happy, enjoy! :)

    How can they change the Spill over system every year? I think they will continue the Horizontal Spill over going forward.





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  • STAmisha
    01-23 06:01 PM
    Mandalla ************

    Rot in hell. Rot in prison. Because of bastards like you, all of the immigrant community is suffering. Enjoy your prison



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  • hatighora
    07-11 05:55 PM
    I know people who got their GC in 7 months from the date they filed PERM. and then there are many people getting GCs every month. There are both good stories and bad stories to tell about getting GC in US.

    There were times when H1 quota never reached the limit during the whole fiscal year, now they get used in just 2 days. This mess in GC process is a result mainly due to our own actions (temporary workers and consulting companies hiring temporary workers). Do you think majority of us once we get GC, stay with the consulting company that filed for our GC? When a consulting company files for PERM, they already have a foreign national working under H-1B in that position. So where is the real intent to hire an American when some foreigner is already working at that position?

    This employment based GC is a way for us foreigners to immigrate to US easily at one point. Now due to our extreme usage and abuse of this process, there are genuine people who are being sponsored to immigrate to US are also suffering. In a true employment GC scenario, the company should be desperate to keep you for a long time (more than 6 years after H-1B is maxed) for your valuable skills that they were unable to find in others. But in most GC cases, looks like we temporary workers are more desperate than our employers for the GC? aren't we? Do you see any companies sweating on how to retain you with them, because you H-1B is expiring and they have no way to keep you?

    Do not put all the blame on US immigration system, the majority of the blame should fall on us and the companies who are helping us to get GCs when our cases are not based on genuine sponsors.





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  • gc28262
    06-15 04:22 PM
    Ivar and group,

    ...............................
    My suggestion here is that let the outsourcers take the hit. They have always benefitted by flouting the rules. If your concern is way too high for your L1 brothers then you would find it prudent to bring in the law that clearly states "Pay high wages for the L1s or dont bring them in here". ..........................................
    dilipcr,

    Please wake up from your dream. No matter how you want it, outsourcing won't go away.

    Outsourcing companies will always provide a lower cost to client as long as dollar is valuable than rupee ( or any other developing world currency).

    They can do this by one of the following ways.

    Use L1s for client site assignments. Some of these maybe illegal. Still they do it. Client is happy, outsourcers are happy.

    Let us say everybody complains to ICE about this and L1 visas are unavailable for outsourcers. Their next strategy is to change the ratio of onsite resources to offshore resources. Again they will offer a cheaper solution to client. For executing a project in onsite/offshore model they don't need all these L1 guys here. They just need a few managers and maybe some team leads. They can execute the project with minumum resources onsite. Company and client wins again. The only reason they place so many resources onsite is to charge the client at dollar rate.

    If US wants to prevent offshoring they have to ban offshoring explicitly. Doing so will go against the WTO rules.

    To summarize, outsourcing cannot be stopped. Salary levels will always go down with time.



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  • anilsal
    11-09 09:33 AM
    This discussion can go on and on. Here is my take.

    * US is one of the countries people are flocking into. Even lots of people from UK, Australia and Canada come here to settle.
    * Given this, whenever there are opportunities to lure people in, there will be takers and people who sell (like preapproved labor). If USCIS puts a stop on preapproved labor, then there will be other avenues to take advantage of.

    You may have others in your field/company who are less-educated than you, younger than you and earning more than you, so can you lose sleep over it? No! It is part of life.

    Just focus your energies on IV and its adoption. :)





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  • zCool
    05-09 05:08 PM
    All I can say is.. HUH???

    Now there are plenty of reasons to not go to canada.. but going to India and applying from there is NOT one of them:)

    Do you even know how long the wait is from India for processing time??
    It's 5 years and increasing BY THE DAY!

    for those in US GC and thinking of applying to canadian pr...

    DONT DO IT !!!

    You just end up spending around 3k-6k for you and your dependants, and it will go unused since you are waiting for US GC.

    the best way for canadian shit is to go back to India when you are sure you will not get the US GC. You can then apply for canadian PR from India.

    The canadian government just takes your money and you dont get jobs easily. Most of the jobs are for people with job experience "INSIDE CANADA".

    India is a good place to shit too. Your daily toilet does not HAVE to be in some other country if the restrooms in US are closed forever.





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  • Macaca
    06-27 08:56 AM
    HOW THE SYSTEM OPERATES
    At the beginning of each month, the Visa Office receives a report from each immigrant visa processing post listing totals of documentarily qualified immigrant visa applicants in categories subject to numerical limitation.
    Cases are grouped by foreign state chargeability/preference/priority date. No names are reported. During the first week of each month, this documentarily qualified demand is tabulated.

    VO subdivides the annual preference and foreign state limitations which are specified by the Immigration and Nationality Act (INA) into twelve monthly allotments. The totals of documentarily qualified applicants reported to VO, and the expected INS demand for numbers, are compared each month with the numbers available for the next regular allotment. This allows for the determination of the monthly cut-off dates, and the allotment of numbers for reported applicants who have priority dates within the newly established cut-off dates.

    If there are sufficient numbers in a particular category to satisfy all reported documentarily qualified demand, the category is considered "current."

    From this it is very clear that the number of Visas available for the rest of the FY 07 is enough to accept as many applications as can be approved in those 3 months(July, Aug and Sep).

    According to Ombudsmn report a documentarily qualified applicant is an applicant with approved I-485. The ombudsman report is a must read; most of the threads will not pop up if everyone reads them.

    The report also says USCIS can not predict these numbers accurately. That is why 10K GCs were wasted last year and 40K were exepected to be wasted this year. They moved PD to avoid the waste.

    USCIS knows the exact # of approved 485's before dates moved for June. So they know exactly when 2007 GCs will get exhausted by earlier approved ones, if at all they will get exhausted.

    I think they will retrogress dates after using 2008 quota. That is dates will retrogress in Nov/Dec.

    We can do some more analysis based on PD for june (which I don't know). What is the date set for June submissions? Thanks!





    Subst_labor
    03-16 01:17 PM
    i am not paying anything, its a decent company from NJ. the only thing i am concerned about is that this experience was when i was IN college and it was a really small company (part time thing..)





    grupak
    12-13 01:40 PM
    "Fairness or not is not the issue. Question is can it be challenged in a court? "

    --I guess fairness is the issue and that is what you are asking for by challenging the court.


    "As an unrelated side note, the current quota system is something that has evolved from past policies some of which was used to restrict citizens of certain countries."

    --To some extent,there is truth to what you said. And it is there prerogative. There could be many geopolitical,societal, economic and national security reasons behind who they restrict and who they allow.

    The OP was whether the country quota is constitutional. My interest was to find out if the current laws and regulations are violated by the country quota.
    As lazycis pointed out, SC seems to uphold the current situation.

    I was not looking into arguing in a court whether a particular regulation is fair or not. The law is what it is (what I or you consider fair or unfair is immaterial), question was : Is the law being implemented or not? Seems like it is.

    To change the law, we as IV are lobbying and meeting lawmakers already.

    Unless a constitutional lawyer says otherwise, I see no reason to pursue the country quota in a court, considering lazycis post.



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