Hello_Hello
02-08 04:17 PM
I love my country and want to go back, but it is in the hands of rapists and looters and I suspect it will remain that way...either I become a Gandhi and spend my life liberating it, or live year with my eyes & ears closed...But you watch Indian TV and see him everyday? :D
Why are you attached to India when you hate it? You want to get Green Card in USA and live here permanently. So should you not learn more about this country and culture. You cannot live in USA but think about India all the time and hate it too.
Why are you attached to India when you hate it? You want to get Green Card in USA and live here permanently. So should you not learn more about this country and culture. You cannot live in USA but think about India all the time and hate it too.
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vid080
02-21 02:37 PM
Your receipt number for this payment is: 1539-1909-0198-8375. [via PayPal]
Making a sincere effort to spread the word amongst friends and colleagues to contribute.
Making a sincere effort to spread the word amongst friends and colleagues to contribute.
kumar1
01-30 02:03 PM
Stop spreading wrong information desi!!
let me add my 2 cents here -
1. There is no rule that h1 status expires after 1 year of no use. The key word here is h1 status.
2. If the person is in us, then he/she 30 days to start working on h1 job else apply for change of status (or leave us and re-enter on some other visa).
3. If the person is entering us on h1 visa, then he/she has 60 days to start working on h1 job.
4. Within 30 days of start working, person should get his/her first paycheck.
5. By not working on h1 job, you are out of status since oct 1st. (there is no grace period for out status. However, out of status does not mean illegal presence as long as i-94 date is not expired or uscis has made the determination that you are out of status.
6. 3/10 year bar applies for illegal presence and not for out of status.
Good luck.
____________________
not a legal advice.
Us citizen of indian origin
let me add my 2 cents here -
1. There is no rule that h1 status expires after 1 year of no use. The key word here is h1 status.
2. If the person is in us, then he/she 30 days to start working on h1 job else apply for change of status (or leave us and re-enter on some other visa).
3. If the person is entering us on h1 visa, then he/she has 60 days to start working on h1 job.
4. Within 30 days of start working, person should get his/her first paycheck.
5. By not working on h1 job, you are out of status since oct 1st. (there is no grace period for out status. However, out of status does not mean illegal presence as long as i-94 date is not expired or uscis has made the determination that you are out of status.
6. 3/10 year bar applies for illegal presence and not for out of status.
Good luck.
____________________
not a legal advice.
Us citizen of indian origin
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josecuervo
08-20 07:16 AM
Is I-485 approval notice on I-797 or will it be just like EAD mailer with GC cards attached to it.
I am still waiting for the GC cards
I am still waiting for the GC cards
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sledge_hammer
01-30 01:29 PM
The problem with him and many others including me is people like the OP, and in case you are also one of them, then we all have a problem with people like YOU!!!!!
He never claimed his wife was better than the OP. All he is saying is that his wife HAD a job, which is the minimum requirement to apply for an H-1B. He never said that converting from H4 to H1 is illegal!
Your coment that everyone is trying to improve their life is so simplistic and moronic. No one is denying you or the OP theright to improve one's life. Do so ethically!
How can you simply assume that everyone here came to the US through some bodyshopping company? How did you get your job? Was it through a consulting/bodyshopping company?
And no, he is not dividing the community. You and people like you think that every immigrant is unethical and it is an accepted behavior!
Shame on you!!!
What’s your problem man? You are mad because your wife did not get H1B/Job? What do you say to a American citizen who is saying that you took his job? It’s all part of the game. Everyone is trying to improve their life.
How can you tell your wife is better? Your wife is doing exactly the same, converting from H4 to H1B. Did she have job offer when she came to USA? You must have come through some consulting company, what kind of offer letter you had when you came to US?
Everyone is playing by the rules, otherwise we would not have been here. dont think you are the only one playing by the rules.
How can you tell he/she is representation false?
People like you are the ones who are dividing the community.
He never claimed his wife was better than the OP. All he is saying is that his wife HAD a job, which is the minimum requirement to apply for an H-1B. He never said that converting from H4 to H1 is illegal!
Your coment that everyone is trying to improve their life is so simplistic and moronic. No one is denying you or the OP theright to improve one's life. Do so ethically!
How can you simply assume that everyone here came to the US through some bodyshopping company? How did you get your job? Was it through a consulting/bodyshopping company?
And no, he is not dividing the community. You and people like you think that every immigrant is unethical and it is an accepted behavior!
Shame on you!!!
What’s your problem man? You are mad because your wife did not get H1B/Job? What do you say to a American citizen who is saying that you took his job? It’s all part of the game. Everyone is trying to improve their life.
How can you tell your wife is better? Your wife is doing exactly the same, converting from H4 to H1B. Did she have job offer when she came to USA? You must have come through some consulting company, what kind of offer letter you had when you came to US?
Everyone is playing by the rules, otherwise we would not have been here. dont think you are the only one playing by the rules.
How can you tell he/she is representation false?
People like you are the ones who are dividing the community.
pappu
03-10 11:25 PM
Well, I am TOO depressed about the BEC performance. I know too many people are in same situation but I find myself "helpless" and at least i want to SCREAM......:mad:
The annonymous member who posted this message has not even logged back in to this website after posting the message and we are discussing this topic for days. If you start a new thread, dont just start it and run away. Try to see and respond to the discussion. If you post a question and your question is answered, it is always good to thank members that answered your question. All this helps build the community.
The annonymous member who posted this message has not even logged back in to this website after posting the message and we are discussing this topic for days. If you start a new thread, dont just start it and run away. Try to see and respond to the discussion. If you post a question and your question is answered, it is always good to thank members that answered your question. All this helps build the community.
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coolngood4u80
11-17 03:26 PM
Done
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akhilmahajan
02-11 12:19 PM
Thanks a lot nk2006 and kkarun.
Grand Total - $1551
Come on folks lets help IV, to get things done for US.
IV is I/WE.
GO IV GO. TOGETHER WE CAN.I'm going to send check for $50 today.
Grand Total - $1551
Come on folks lets help IV, to get things done for US.
IV is I/WE.
GO IV GO. TOGETHER WE CAN.I'm going to send check for $50 today.
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kshitijnt
04-22 08:06 PM
I am not hitting on employers revenues, infact employer made money since two yrs because of me. The reason is, employer never got this project for me. It never had any business either with PF or with the client earlier. It was only because of my contact with the PF i got the project. i introduced the PF to my employer, have them sign a contract and since these two yrs my employer was able to place 4-5 consultants through the PF i introduced to them. Now tell me, how much my employer would have made because of me or other consultants??? Even after all this, he is being mean to me. these desi companies thirst for money is never ending. whereas consulatnts can never look up for a better life!!!!!!
After reading this post completely, here is my take. There are 2 things to view here:
1) employer and employee conduct.
2) non compete.
employee by leaving his job to work for PF has actually worked in unethical way if not illegal. You should have joined the PF to start with. Second thing is, you said your PERM is in process. How long ago did you file it? If you filed it more than 6 months ago, maybe you didnt know you were going to leave. Did you file it very recently despite knowing that you may join PF? In that case why you wasted your employers money? Also who picked the fight? You or employer? See... if the case goes to the court, the judge is going to notice this behaviour and will not like it. I am not saying you are a bad guy, we all make mistakes like this, but in court of law everyone is equal.
employer is not only unethical but also unprofessional in holding back employee wages. It does not matter when or with what intention the employee left, employers should not be breaking the law by withholding wages.
Since both sides have made some mistakes, I suggest get a good attorney. That attorney will negotiate with your employer and you will get your money, experience letter and also attorney expenses. There is no need to involve your PF at this stage. Your employer has a relationship with that company and that is the reason they do not want to go to court. However if you conduct yourself in unethical or unprofessional way, your previous employer can indicate that to your current company and that is a bad career move. Your case is very simple and it will be settled out of court. I would say, you do not get involved and commit mistakes under stress, let an attorney handle it.
Lastly, if you consult an attorney, any good attorney should tell you 2 things:
1) you have advantage over employer because employer has withheld your wages which is illegal as they have violated statutes for PERM.
2) It also depends on your non compete, you dont know what you signed. It may not be directly related to GC expense or direct revenue loss, but it may be something that your employer can hold you accountable.
I think your employer is just mad that you left them on unpleasant terms. Here is what I recommend:
1) Send an email, and offer to apologize if any of your actions left the employer less than satisfied. "DO NOT explicitly admit to mistakes. But offer a sincere apology if that can close the matter." Highlight, what you have done for the company, including placing 4 employees, working for 2 years etc. Regret that you had to leave despite filing perm with them and say you will be willing to help in future. Then call your boss. ask for his help. If he doesnt pick up, doesnt matter, leave a VM. However much you dont like doing it. It is necessary to do so. World is a small place and never burn bridges. Also mention in email you would like to get $4K back and experience letter. I will say copy HR, your boss and his boss. etc. The more higher levels you keep in loop, more people become answerable in court of law. If you copy VP etc of your group, if you decide to go court they can be called in as witnesses. They do not want this. No company wants to put their senior executives/managers in cross examinations in court. They know you can sue them, however do not use such language as the judge will not like it and in all probability he will ask you what you did in good faith to get your wage back? And any shouting , calling names etc will count against you for getting any damages.
2) give them 2 weeks to reply. Consult a lawyer, a good lawyer is one who also tells you what was your fault. No lawyer will tell you what you want to hear. All lawyers will tell you to conduct in ethical and professional manner. You know they are representing you. Their reputation is based on merit of your case.
3) if they dont respond in 2 weeks, file a claim in small claims court. serve a notice. In small claims court attorneys are not allowed to practise. If you win, ask the judge to award you maximum penalty allowed under the law. Also mention you want to get it in one payment. This becomes a public record against the company for anyone to see. I dont think any company wants so much hassle for 4K.
After reading this post completely, here is my take. There are 2 things to view here:
1) employer and employee conduct.
2) non compete.
employee by leaving his job to work for PF has actually worked in unethical way if not illegal. You should have joined the PF to start with. Second thing is, you said your PERM is in process. How long ago did you file it? If you filed it more than 6 months ago, maybe you didnt know you were going to leave. Did you file it very recently despite knowing that you may join PF? In that case why you wasted your employers money? Also who picked the fight? You or employer? See... if the case goes to the court, the judge is going to notice this behaviour and will not like it. I am not saying you are a bad guy, we all make mistakes like this, but in court of law everyone is equal.
employer is not only unethical but also unprofessional in holding back employee wages. It does not matter when or with what intention the employee left, employers should not be breaking the law by withholding wages.
Since both sides have made some mistakes, I suggest get a good attorney. That attorney will negotiate with your employer and you will get your money, experience letter and also attorney expenses. There is no need to involve your PF at this stage. Your employer has a relationship with that company and that is the reason they do not want to go to court. However if you conduct yourself in unethical or unprofessional way, your previous employer can indicate that to your current company and that is a bad career move. Your case is very simple and it will be settled out of court. I would say, you do not get involved and commit mistakes under stress, let an attorney handle it.
Lastly, if you consult an attorney, any good attorney should tell you 2 things:
1) you have advantage over employer because employer has withheld your wages which is illegal as they have violated statutes for PERM.
2) It also depends on your non compete, you dont know what you signed. It may not be directly related to GC expense or direct revenue loss, but it may be something that your employer can hold you accountable.
I think your employer is just mad that you left them on unpleasant terms. Here is what I recommend:
1) Send an email, and offer to apologize if any of your actions left the employer less than satisfied. "DO NOT explicitly admit to mistakes. But offer a sincere apology if that can close the matter." Highlight, what you have done for the company, including placing 4 employees, working for 2 years etc. Regret that you had to leave despite filing perm with them and say you will be willing to help in future. Then call your boss. ask for his help. If he doesnt pick up, doesnt matter, leave a VM. However much you dont like doing it. It is necessary to do so. World is a small place and never burn bridges. Also mention in email you would like to get $4K back and experience letter. I will say copy HR, your boss and his boss. etc. The more higher levels you keep in loop, more people become answerable in court of law. If you copy VP etc of your group, if you decide to go court they can be called in as witnesses. They do not want this. No company wants to put their senior executives/managers in cross examinations in court. They know you can sue them, however do not use such language as the judge will not like it and in all probability he will ask you what you did in good faith to get your wage back? And any shouting , calling names etc will count against you for getting any damages.
2) give them 2 weeks to reply. Consult a lawyer, a good lawyer is one who also tells you what was your fault. No lawyer will tell you what you want to hear. All lawyers will tell you to conduct in ethical and professional manner. You know they are representing you. Their reputation is based on merit of your case.
3) if they dont respond in 2 weeks, file a claim in small claims court. serve a notice. In small claims court attorneys are not allowed to practise. If you win, ask the judge to award you maximum penalty allowed under the law. Also mention you want to get it in one payment. This becomes a public record against the company for anyone to see. I dont think any company wants so much hassle for 4K.
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dingudi
12-16 06:56 PM
Guys, any update on your FP notices? I have written to ombudsman almost 3 weeks ago about not receiving FP notices and nothing yet...
What are you guys thinking as next step?
No update from my side. I had called last week and week before that. Apparently I got the same IO the last two times and first time she told me no FP scheduled , security check cleared. Second time she said no FP scheduled and I asked about security check and she said its still pending. Imagine same IO giving inconsistent information regarding my security check. I am not even sure to believe anything they say anymore. I am not even sure if they really look it up or not.
What are you guys thinking as next step?
No update from my side. I had called last week and week before that. Apparently I got the same IO the last two times and first time she told me no FP scheduled , security check cleared. Second time she said no FP scheduled and I asked about security check and she said its still pending. Imagine same IO giving inconsistent information regarding my security check. I am not even sure to believe anything they say anymore. I am not even sure if they really look it up or not.
more...
kumar1
06-26 12:14 PM
You stole words from my mouth. Do not tell them that you have EAD.
The trick is to say that you have unrestricted work authorization, i.e., can work for any employer without needing additional sponsorship. Stating that you have an EAD may be confusing to some and they may just take the easy way out by not pursuing further, or, wilfully rejecting to avoid any kind of complications later on that could jeopardize the specific project by suddennly being unable to work.
The trick is to say that you have unrestricted work authorization, i.e., can work for any employer without needing additional sponsorship. Stating that you have an EAD may be confusing to some and they may just take the easy way out by not pursuing further, or, wilfully rejecting to avoid any kind of complications later on that could jeopardize the specific project by suddennly being unable to work.
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sum12345
08-13 02:42 PM
Hi guys,
Did anyone noticed that 2nd july filers who got their RNs have not got any LUD(s) on their approved I-140 :confused::confused:
Mine is EB2, reached July 2nd at 7.55 AM Fedex received by Robin Williams at NSC and I got the check cashed and has receipt numbers but my I140 LUD is not changed. But my I-140 was already approved and it was not concurrent filling. So if its not concurrent filing then I think I140 LUD should not change or not related to 485 receipt notice? Am I right?
Did anyone noticed that 2nd july filers who got their RNs have not got any LUD(s) on their approved I-140 :confused::confused:
Mine is EB2, reached July 2nd at 7.55 AM Fedex received by Robin Williams at NSC and I got the check cashed and has receipt numbers but my I140 LUD is not changed. But my I-140 was already approved and it was not concurrent filling. So if its not concurrent filing then I think I140 LUD should not change or not related to 485 receipt notice? Am I right?
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Ramba
07-28 12:08 PM
I dont think he 'threatened' EB2. He challenged. But if you were frightened, it is not his problem. who should go where?!
Sorry to read blaming debates between eb3 and eb2. Insted of blaming, it is better to take some action. Based on current practice by DOS, EB3-I will be like this for ever, unless more number opens up by any legislative changes. As per law, each EB catagories are allowed to have 40K visas. As demand for EB2 is more, (paricularly by In,Ch) one can not expect any flow from EB2 to EB3 . This is law one can not change it.
Now I am coming to important point to take some action by EB3-I. The law says, 7% country quota will be applied in each prefrence catagory if worldwide demand for visas is more than supply in that catagory. But the law does not set any time frame. Therefore, the real threat for EB3-I is EB3-ROW. As per current practice, untill EB3-ROW become "current" EB3-I will get only 3000 visas per year. What happen if EB3-ROW never become "current" for next 50 years? EB3-I will be stuck in 2001 or 2002 for ever. To add my point, let us imagine a hypothetical case. Lets say in 2010 about 1 million ROW guys neend EB3 visa number. All has PD 2010. EB3-In will be stuck in 2001 till one million EB-ROW with PD 2010 recives GC. In nut shell, a EB3-ROW with latest PD will be given more preference than EB3-In with PD 2001. As current practice does not set any time limit, new flow of applications keeps retrogressed countries stuck for ever. This point has to be conveyed to DOS and USCIS to change the practice. Applications receviced in one fiscal year has to be cleared (grant GC) to process the application from next year. This way new applications from ROW will not stuck the retrogreesd countries for ever.
Sorry to read blaming debates between eb3 and eb2. Insted of blaming, it is better to take some action. Based on current practice by DOS, EB3-I will be like this for ever, unless more number opens up by any legislative changes. As per law, each EB catagories are allowed to have 40K visas. As demand for EB2 is more, (paricularly by In,Ch) one can not expect any flow from EB2 to EB3 . This is law one can not change it.
Now I am coming to important point to take some action by EB3-I. The law says, 7% country quota will be applied in each prefrence catagory if worldwide demand for visas is more than supply in that catagory. But the law does not set any time frame. Therefore, the real threat for EB3-I is EB3-ROW. As per current practice, untill EB3-ROW become "current" EB3-I will get only 3000 visas per year. What happen if EB3-ROW never become "current" for next 50 years? EB3-I will be stuck in 2001 or 2002 for ever. To add my point, let us imagine a hypothetical case. Lets say in 2010 about 1 million ROW guys neend EB3 visa number. All has PD 2010. EB3-In will be stuck in 2001 till one million EB-ROW with PD 2010 recives GC. In nut shell, a EB3-ROW with latest PD will be given more preference than EB3-In with PD 2001. As current practice does not set any time limit, new flow of applications keeps retrogressed countries stuck for ever. This point has to be conveyed to DOS and USCIS to change the practice. Applications receviced in one fiscal year has to be cleared (grant GC) to process the application from next year. This way new applications from ROW will not stuck the retrogreesd countries for ever.
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Winner
02-09 08:32 PM
Did you all see Donald Trumps answer to Piers Morgans question in Piers Morgan tonight program on CNN? that was not a yotal surprise, but after his talk about China and India, that was a little bit surprising.
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lonedesi
05-23 08:20 AM
Sent emails to all senators as requested by IV
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akhilmahajan
02-09 11:24 AM
Hello Everyone,
Last year we ran a High Five Campaign and collected $4883 over a period of 4 months. It was a disappointment.
Now as we know the environment is very volatile and lot of things are going against LEGAL Immigrants i.e US (TARP Employer H-1B Restriction Bill (Sanders Bill)), i will like to request everyone to contribute as much as they can. I will like you to contribute a minimum of $20 dollars.
ALL you need to do is write out a $20 cheque and send it to IV on the address listed.
The address to mail the checks to is:
Immigration Voice
3561 Homestead Road #375
Santa Clara, CA 95051-5161
This address can also be found at: http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=44
Please make sure you send in a cheque ONLY or do a bill pay so that no paypal/google checkout fees apply and all of the $20 ACTUALLY goes to IV.
Folks, we are facing historical hard times. Lets make a small donation to keep IV fighting for our cause. IV appreciates Monthly Subscriptions and that is the best thing to do. But these small campaigns/donations will also help IV. I hope you all agree with me and will support the effort.
GO IV GO. TOGETHER WE CAN.
Folks who have contributed so far:-
AkhilMahajan, GCCovet, hrushi_j, Snathan, Mightykandy, MHKumar, sanjay, mmanurker, ita, kate123, chantu, rvurady14, jelo, WaitingForMyGC, pachaik, vineet, Rajeev, coolpal, pcs, nousername
Last year we ran a High Five Campaign and collected $4883 over a period of 4 months. It was a disappointment.
Now as we know the environment is very volatile and lot of things are going against LEGAL Immigrants i.e US (TARP Employer H-1B Restriction Bill (Sanders Bill)), i will like to request everyone to contribute as much as they can. I will like you to contribute a minimum of $20 dollars.
ALL you need to do is write out a $20 cheque and send it to IV on the address listed.
The address to mail the checks to is:
Immigration Voice
3561 Homestead Road #375
Santa Clara, CA 95051-5161
This address can also be found at: http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=44
Please make sure you send in a cheque ONLY or do a bill pay so that no paypal/google checkout fees apply and all of the $20 ACTUALLY goes to IV.
Folks, we are facing historical hard times. Lets make a small donation to keep IV fighting for our cause. IV appreciates Monthly Subscriptions and that is the best thing to do. But these small campaigns/donations will also help IV. I hope you all agree with me and will support the effort.
GO IV GO. TOGETHER WE CAN.
Folks who have contributed so far:-
AkhilMahajan, GCCovet, hrushi_j, Snathan, Mightykandy, MHKumar, sanjay, mmanurker, ita, kate123, chantu, rvurady14, jelo, WaitingForMyGC, pachaik, vineet, Rajeev, coolpal, pcs, nousername
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new_gc
12-17 01:42 PM
guys,
just correct me if i am wrong. I am totally new to this thing...i really admire people who have been waiting patiently this long for gc. I would say all IV participants as heros. really appreciate their actions. my priority date is jan 2006 eb3 india. I was looking at the visa bulletein from 1995..they hve this trend of backlogging and making dates current every 2 to 2.5 years. does this mean namecheck has been causing so much of backlogs?just want to know what is happening.
just correct me if i am wrong. I am totally new to this thing...i really admire people who have been waiting patiently this long for gc. I would say all IV participants as heros. really appreciate their actions. my priority date is jan 2006 eb3 india. I was looking at the visa bulletein from 1995..they hve this trend of backlogging and making dates current every 2 to 2.5 years. does this mean namecheck has been causing so much of backlogs?just want to know what is happening.
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Jaime
06-26 10:23 AM
Well, I am a legal immigrant from Mexico, I have an MBA, my race is white (100% European as are more than 10 million Mexicans) and I do not wear a "sombrero".
I thought that this forum was for us all to help each other and not enter these types of useless arguments. I cannot believe that the posters of these racist messages, who are Indian, are falling into the same sterotypes that Americans fall into in regards to India. You are doing that with Mexico. I have been to India, I urge you to go to Mexico and see for yourselves what the country is like before passing judgment.
Mexico has 100 million people vs. India's 1 Billion plus, yet Mexico's GDP is essentially equal to India's (India = 775,410, Mexico=768,437). All the people that you see immigrating here are of course the poor and uneducated who can come here in large numbers because of the simple fact that (hello people!) we share a land border with the U.S.A. (What would happen if India shared a land border with the U.S.A. - One can only imagine! Instead of 7 million illegal Mexicans, we would have 400 million illegal Indians here!) I invite you to visit Mexico, where in some parts you will think you are in Sweden. And again, yes! have been to India!
We are misusing this forum with stereotypes and you guys are turning this into an Indian-only forum. (WHich is a turnoff to me and many more) I know the majority of us in here are Indian, but if I continue to feel unwelcome here I will just take my donations elsewhere.
I thought that this forum was for us all to help each other and not enter these types of useless arguments. I cannot believe that the posters of these racist messages, who are Indian, are falling into the same sterotypes that Americans fall into in regards to India. You are doing that with Mexico. I have been to India, I urge you to go to Mexico and see for yourselves what the country is like before passing judgment.
Mexico has 100 million people vs. India's 1 Billion plus, yet Mexico's GDP is essentially equal to India's (India = 775,410, Mexico=768,437). All the people that you see immigrating here are of course the poor and uneducated who can come here in large numbers because of the simple fact that (hello people!) we share a land border with the U.S.A. (What would happen if India shared a land border with the U.S.A. - One can only imagine! Instead of 7 million illegal Mexicans, we would have 400 million illegal Indians here!) I invite you to visit Mexico, where in some parts you will think you are in Sweden. And again, yes! have been to India!
We are misusing this forum with stereotypes and you guys are turning this into an Indian-only forum. (WHich is a turnoff to me and many more) I know the majority of us in here are Indian, but if I continue to feel unwelcome here I will just take my donations elsewhere.
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Macaca
07-09 12:54 PM
Adjustment Of Status (AOS) Application Submission Laws
An AOS application can be submitted if an immigrant visa # is immediately available at the time of filing the application.
An immigrant visa is considered available for accepting and processing AOS application if
the preference category applicant has a priority date on the waiting list which is earlier than the date shown in VB (or the VB shows that numbers for visa applicants in his or her category are current), and
(if the applicant is seeking status pursuant to section 203(b) of the Act) the applicant presents evidence that the appropriate petition filed on his or her behalf has been approved.
The Visa Office (VO) subdivides the annual preference and foreign state limitations specified in the Immigration and Nationality Act (INA) into twelve monthly allotments. The totals of documentarily qualified applicants that have been reported to VO are compared each month with the numbers available for the next regular allotment and numbers are allocated to reported applicants in order of their priority dates, the oldest dates first.
If there are sufficient numbers in a particular category to satisfy all reported documentarily qualified demand, the category is considered “Current.”
For example, if the Employment Third preference monthly target is 5,000 and there are only 3,000 applicants, the category is considered “Current”.
Whenever the total of documentarily qualified applicants in a category exceeds the supply of numbers available for allotment for the particular month, the category is considered to be “oversubscribed” and a visa availability cut-off date is established. The cut-off date is the priority date of the first documentarily qualified applicant who could not be accommodated for a visa number.
For example, if the Employment Third preference monthly target is 5,000 and there are 15,000 applicants, a cut-off date would be established so that only 5,000 numbers would be used, and the cut-off date would be the priority date of the 5,001st applicant.
The Department shall limit the number of immigrant visas that may be issued and the number of AOS that may be granted to aliens subject to these numerical limitations to a number:
Not to exceed 27 percent of the world-wide total made available under INA 203 (a), (b) and (c) in any of the first three quarters of any fiscal year; and
Not to exceed, in any month of a fiscal year, 10% of the world-wide total made available under INA 203 (a), (b) and (c) plus any balance remaining from authorizations for preceding months in the same fiscal year.
How were the above laws followed in the following cases (which may not be a complete list)
Oct 1 2005 & Oct 1 2006 when .27 * 140K = 37,800 #s available but ALL AOSs were not submittable.
May 14 (??) when 60K #s were available but many more AOSs were submittable and were submitted from June 1-30.
June 12 when < 37,800 #s were available but ALL AOSs were submittable.
July 2 when 0 #s were available and ANY AOS was not submittable.
Months in 2005, 2006 and 2007 when ALL AOSs were not submittable.
Months in 2005 and 2006 when ANY AOS was not submittable.
10,296 GCs were returned on Sept 20 2006 but some (ALL??) AOSs were not submittable.
An AOS application can be submitted if an immigrant visa # is immediately available at the time of filing the application.
An immigrant visa is considered available for accepting and processing AOS application if
the preference category applicant has a priority date on the waiting list which is earlier than the date shown in VB (or the VB shows that numbers for visa applicants in his or her category are current), and
(if the applicant is seeking status pursuant to section 203(b) of the Act) the applicant presents evidence that the appropriate petition filed on his or her behalf has been approved.
The Visa Office (VO) subdivides the annual preference and foreign state limitations specified in the Immigration and Nationality Act (INA) into twelve monthly allotments. The totals of documentarily qualified applicants that have been reported to VO are compared each month with the numbers available for the next regular allotment and numbers are allocated to reported applicants in order of their priority dates, the oldest dates first.
If there are sufficient numbers in a particular category to satisfy all reported documentarily qualified demand, the category is considered “Current.”
For example, if the Employment Third preference monthly target is 5,000 and there are only 3,000 applicants, the category is considered “Current”.
Whenever the total of documentarily qualified applicants in a category exceeds the supply of numbers available for allotment for the particular month, the category is considered to be “oversubscribed” and a visa availability cut-off date is established. The cut-off date is the priority date of the first documentarily qualified applicant who could not be accommodated for a visa number.
For example, if the Employment Third preference monthly target is 5,000 and there are 15,000 applicants, a cut-off date would be established so that only 5,000 numbers would be used, and the cut-off date would be the priority date of the 5,001st applicant.
The Department shall limit the number of immigrant visas that may be issued and the number of AOS that may be granted to aliens subject to these numerical limitations to a number:
Not to exceed 27 percent of the world-wide total made available under INA 203 (a), (b) and (c) in any of the first three quarters of any fiscal year; and
Not to exceed, in any month of a fiscal year, 10% of the world-wide total made available under INA 203 (a), (b) and (c) plus any balance remaining from authorizations for preceding months in the same fiscal year.
How were the above laws followed in the following cases (which may not be a complete list)
Oct 1 2005 & Oct 1 2006 when .27 * 140K = 37,800 #s available but ALL AOSs were not submittable.
May 14 (??) when 60K #s were available but many more AOSs were submittable and were submitted from June 1-30.
June 12 when < 37,800 #s were available but ALL AOSs were submittable.
July 2 when 0 #s were available and ANY AOS was not submittable.
Months in 2005, 2006 and 2007 when ALL AOSs were not submittable.
Months in 2005 and 2006 when ANY AOS was not submittable.
10,296 GCs were returned on Sept 20 2006 but some (ALL??) AOSs were not submittable.
tonyHK12
02-22 09:04 AM
thanks members for your contribution
Total Contributions...........$7,125.00
Amount to be raised.......$42,875.00
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Total Contributions...........$7,125.00
Amount to be raised.......$42,875.00
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rongha_2000
06-01 04:18 PM
Called my state (MO) senator. The staffer listened very patiently and thanked me for raising the issue. I will be calling others soon.
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