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  • samay
    07-30 04:22 PM
    Hi,

    1) My I-485(EB2-India) application file has two I-140 receipts (both of these are EB2) one of these I-140 is approved and the other was denied and a Motion to Reopen has been filed for this. How will the two EB2 I-140s affect my I-485 application?

    2) I got a RFE for my I-1485 on June 17th 2008, asking for a I-140 approval notice. As we do not have a physical approval (never received the approval, may be lost in mail) notice my current attorney responded to the I-485 RFE and included the first I-140 receipt notice and also a copy of the approval email received from USCIS. The attorney also included the details of the second I-140 i.e the Motion to Reopen (I-290B) notice. Is the approach a good one?

    3) My attorney also requested to consider the approved I-140 for adjucating the I-485 for me and my wife since the approved I-140 was filed and approved before filing the I-1485 and also we were married before the I-485 was filed. Will USCIS consider this request?

    4) Also, will USCIS have a copy of my I-140 approval notice and will they use that and consider my I-485 case?

    5) Will a Infopass appointment help in anyways?

    My PERM labor was approved in May 2006 and my priority date is current for August 2008. The I-485 RFE response was received by USCIS on July 16th 2008 and my I-485 processing has resumed. I was wondering if USCIS will consider my approved I-140 for processing my I-485. Also, any other suggestions you could give me would be appreciated.



    I am a little confused - Were two separate I-140 applications filed for you. If not why was a motion to reopen filed by your attorney if you received an approval notice. I am wondering why your attorney did not just inform the USCIS that they issued two receipts for the same case. As far as I can tell right now you should wait for the processing of your case. On another note even though your priority date is current your service center might not be processing cases with your filing date.





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  • go_guy123
    06-11 04:20 AM
    At least Mr Oppenheimer has told the truth that it is curtains for EB2 and EB3 India and China and brought all the hopefuls to the ground . Passing CIR is a distant dream.

    Thank you Mr Oppenheimer ! At least you had the guys to spell out the bitter truth , so that we could plan accordingly and plan our return .

    Yes true. In fact people on EAD are going to be on EAD for a long long time.





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  • nk2006
    10-09 02:49 PM
    A GC cannot be filed directly from a TN or E3 status.


    As mihird said, not much difference. I am a naturalized Canadian working in US for last 7 years (country of birth � India) � Canadian citizenship does not help much in I485 stage since you will fall under the quota of country of birth. One small advantage is consular processing � Canadians can apply for CP at Montreal which used to be faster. But with retrogession and improved AOS processing in USA makes this irrelevant.

    Another general advantage is use of TN1 visa instead of H1B. You can actually start/continue green card processing while in TN1 visa status � it needs some careful planning but it can be done. Basically you cannot get/renew TN1 visa once I-485 is filed but until then you can continue on TN1 while your labor/140 is under process and while you are waiting for the dates to get current. But this aspect is generally misunderstood and many lawyers insist on transferring to H1B even before starting the labor process (which happened in my case leading to my present state where I am extending h1b beyond 6th/7th year). Basically with a good lawyer and flexible employer you can use TN1 as long as possible, so that you don�t get into 6th/7th year h1b tensions � this can be a slight advantage in some cases.





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  • abhisec
    07-29 05:25 PM
    I doubt it. My sense is that USCIS has already processed most of EB2-I cases until early 2004 - based on approval trend seen on IV, Murthy Forum, and a ton of personal friends. If it goes back it may go back to Fall 2004 time frame.

    I hope you are right ;)



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  • panini
    05-18 07:54 AM
    The state television of Sri Lanka has confirmed that Prabhakaran has been shot dead while trying to flee the war zone.

    And the whole island has been liberated from the LTTE terrorism.

    Here is my salute to the brave and heroic Sri Lankan armed forces, our president and the secratery of defence and to my fellow Sri Lankan brothers and sisters!!!! This is it boys!!!! We did it !!!!





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  • garybanz
    12-14 02:15 PM
    Federal Equal Employment Opportunity (EEO) Laws

    The Federal laws prohibiting job discrimination are:

    Title VII of the Civil Rights Act of 1964 (Title VII), which prohibits employment discrimination based on race, color, religion, sex, or national origin;

    the Equal Pay Act of 1963 (EPA), which protects men and women who perform substantially equal work in the same establishment from sex-based wage discrimination;

    the Age Discrimination in Employment Act of 1967 (ADEA), which protects individuals who are 40 years of age or older;

    Title I and Title V of the Americans with Disabilities Act of 1990 (ADA), which prohibit employment discrimination against qualified individuals with disabilities in the private sector, and in state and local governments;

    Sections 501 and 505 of the Rehabilitation Act of 1973, which prohibit discrimination against qualified individuals with disabilities who work in the federal government;

    and

    the Civil Rights Act of 1991, which, among other things, provides monetary damages in cases of intentional employment discrimination.

    If no one (including the Govt.) is allowed to discriminate based on national origin then how can the Govt. discriminate on EB Emigration based on national origin ?

    I think this is a fair question and most Americans in my work place agree with me. I don't know if we will win the case or not but if we win we can get

    1) Removal of country based quotas
    2) recapture of Visa's lost due to country based quotas

    If we lose the case we will at least get more attention of the national media, it's up to us how we manage the media attention and have a positive effect on the popularity of our cause.

    IMHO taking the opinion of the best attorney on constitutional law can not hurt. :)



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  • sc3
    06-27 07:37 PM
    Christ is god's son! He does not need a Green Card or any other color card :D So what is the point of making it 0?:p

    Please do not spread rumors, can you please point me to the rule that says so? I did not see any Immigration law saying that God's Son doesn't need a Green Card. Christ wasn't born in USA, and neither were his parents US citizens, so his chance of US naturalization comes from a path through Green Card or Asylum. I dont think Christ had a 4 year degree (recognized by USCIS), so he does not qualify for GC based on EB1/2/3 categories. He could claim asylum though religious persecution, but then I am not sure if Christianity was recognized by USCIS during Christ's time :D





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  • snathan
    08-16 05:13 PM
    Well, explain to me, if an american celebrity, such as Brad Pitt or George Clooney is detained at IGI for 66 mins, taken aside for secondary in another chamber, made to wait,

    if robert gates (defense secretary), is asked to remove his shirt

    if ex president bush or clinton is frisked for secondary, would that be acceptable to americans?

    NO. We agree on the answer atleast. Do people in India have to KNOW them?

    You are missing the point here. Americans are doing what they are supposed to do. Our babus are not able to do anything to even ward consuler or local MLA. Whoes mistake that is.



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  • krishna.ahd
    02-14 04:11 PM
    Hi Unitednations
    I am reading your current and past posts recently.
    Seems like you have enough information ( may be insider info also) regarding Retro and Gc process.
    What is the practical solution short term and long term , Not what we like to have , i am looking for what should be ??
    Out of Goal from IV , what is practically achievable ??

    Thanks in advance for your comments





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  • PlainSpeak
    01-14 04:12 PM
    plainspeak,

    i know a thing or two about this eb related immigration. i agree people should not suffer for years together to get a perm. res card, and that too, people who may have been in the line ahead of others.

    however, i dont think it is just not being ahead that creates this spill over thing. unused visas first go to eb1, then to eb2 and then to eb3. i think, that is correct. now, my view about this categorization is that, eb1 -- outstanding people, eb2 -- better qualified, eb 3 -- skilled but not qualified in terms of degree or experience, whatever. (pls understand, i am not degrading eb3 people, i have loads of very close friends in eb3 who are extremely intelligent and i can tell you, can easily compete with the eb2 guz, as far as knowledge etc goes).

    but, there is a reason for this division and just for that reason, visas have to go thru eb2 before eb 3. if that is not the case, they wont put people who go for NIW in eb2, it wud have been in eb 3 or a completely separate category.

    u did mention to someone that u dont want to convert to eb2 or something in those lines, but i believe everyone should try to get to eb 2 (get masters, or after getting the experience), there is nothing wrong in doing so. (if u feel that i shud not be giving u advice, then just ignore the above few lines)

    i believe some of things people pointed out like visa recapture, not counting the dependents etc are the kind of things where IV should focus energies. this is good for all immigrants

    bottomline: i believe it is wrong to distribute remaining visa no.s to eb3 category before servicing eb 2, becoz i thought, the categories were specifically created to prioritize.

    and please, bear in mind, i am not saying this coz i am eb2. i thought logically that was correct. and, i do easily qualify for eb 1 as well. just did not care abt a gc. i dont care abt it even now. my thinking: if it happens, good, if not, i dont care, i can always go back home-jai hind.
    Mr Syendu after replying to all abusers my mind has pretty much been fogged up. Contrary to oipinion i am also working while blogging so there is the added pressure.

    So now having read through your post (I appreciate no abuses) i get the jist of what you are saying so forgive me if i do not reply line by line so here is my answer

    EB1/EB2/EB3 rule was never disputed by me. That is law and will never chaange. i dont like it but i will go with what is the law.

    Yes i will NOT convert to EB2 because i have already spent time and energy for the first GC app. (In case any abuser is wondering the gc was paid by company so it is not the lack of funds or lack of companies willing to file for EB2 for me which is stopping me). Sure people are converting and all the best to them, but my point is what about people who cannot convert. Maybe someone has got 2 kids and single earner and he does not have the time or money to do a masters. Maybe some one is so tired working a job which is busting his or her ass off and has no energy to do that. If we think about it there are a whole lot of reasons why a person cannot do a masters. And to that complexities there are very few companies which are willing to sponser EB2 nowadays

    So my plain speak is that just because every member in IV has a masters and is in EB2 or can do masters and convert from EB3 to EB2 does not mean that the majority of people out there can do the same so IV members giving advises like below ar enot only impracticle but also broder on hig handedness. Their contention is that we did it why can you not. If you cannot you must be a low skilled person who has scrapped through into the country and deserves to wait a long time for a visa.

    Please remember that EB2 or EB3 is not a straighjacket and theri are people in both the groups who do not belong there and belong in the other group


    Just for information i do have a masters

    Visa recapture and not counting the dependents will help the immigration community only if it happens. I see nothing on the horizon which says that it will happen. As another iV member pointed out no immigration friendly bill has come for debate in the last 4 years and that is with a democratic majority which is immigration friendly as some IV members like to point out. So with such a situation piece meal efforts must be made but piece meal efforst should be directed to the heavily retorgressed community because teh big bills if and hwne they happen will fololow teh regular rule anyway

    And finally i would like to say you have been most polite and respectfull and i am honoured to discuss thiongs with you

    JAI HIND



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  • JazzByTheBay
    07-03 09:15 PM
    Were you kidding???? :)

    No, really.... ? :)

    Thanks for asking anyways. The "content" is covered by Creative Commons license. :)
    do you mind using what you wrote for emaling the media ?

    thanks.





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  • actaccord
    01-13 08:31 PM
    at least one person could respond in more civilized and matured way. These kind of response will give good impression about a forum.

    Guys please keep your comments in more civilized way to keep/gain good public image of the forum.

    I do read most of the threads in this forum (whenever I feel free) i feel some of members who are donors/senior members feel they can get to fight (in abusive way) with any one on any thread no matter whether it spoils the image of forum or their response adds no value to the thread. These kind of attitude can be expected from new members as they may have wrong intentions (or to just vent their frustrations) to join in a forum. But people who are very senior and donors responding in uncivilized manner is not good for them as well as the forum.

    I don't see anything wrong PlainSpeak's suggestion but I can't comment on if her suggestion is workable or not. But we can just explain what is right or wrong instead of getting into fight mode.

    I would like to see some kind of administration control (removing the response, warning the members) on those threads with abusive/uncivilized response. I know it is tedious job but once we have senior/donors under civilized conversation controlling new members will be of easier as seniors/donors can report those unwanted conversations.

    It would be great place to share ideas (good, bad, right, wrong) if those uncivilized response is reduced. The lesser the uncivilized response more the people willing to join hands.

    I wanted to join hands but those uncivilized comments keeping me away from participating. I do have friends who joined after me referring felt the same, some even stopped visiting this forum after seeing uncivilized fightings.

    There are great people like amitjoey who convey the message in more civilized way (as far as I have seen) and help others (its not easy to post 1100+ posts....). I am new to this country and have very less experience and knowledge to share. But I hope one day I can guide/help some people like amitjoey.

    Reason for me to share my thought is amitjoey, otherwise I would have just gone through the thread and felt bad about this forum for uncivilized comments. I am not into any group yet (Eb2/3) as my comp is not going to sponsor gc as per new policy, so I don't belong to any group (or we can say group who's gc never filed). When I read PlainSpeak's comment I thought she was right and after reading amitjoey's comment I learned another view for this issue. After reading those two comments I understand the issue and why IV took different direction or direction different from PlainSpeak's. But when I continued reading this thread I felt why some educated people with good intentions have bad thoughts and respond to others in uncivilized way. In the whole thread only two comments make's sense to me rest doesn't belong/fit to this forum.

    Lets get more new members and be civilized to gain confident which will gain more strength to the forum.


    Do not overanalyze any bill- All these bills are mere drafts until they come on floor for debate, and even after that they go thru amendments, rewriting, and the final bill comes out in most cases to be very different from the original. Even after the bill is passed in both houses, the committees that are responsible in reconciling the bill will tweak it and fine tune it.
    This means that even good provisions can be deleted at any time during the debate, thru an amendment lobbied by the antis- if the EB Community is not vigilant.
    To give you an insight: In Dec 2005, there was a line item in a bill that would have recaptured visas for EB applicants, the bill was passed – and at the last minute this provision was deleted.


    IF you read through the provisions and the paper that IV created for lobby days in July 2010- Each one of the provisions and the underlying text that IV is asking for has been written with clear understanding of the issues EB applicants face- It is written in a way that if incorporated in any of the bills as an amendment- will give fair and balanced numbers to all categories -EB3, EB2.

    So, regardless of which bill (Immigrant friendly) comes on the floor- IV will lobby to have this package included as an amendment. Or IV will lobby to get this inserted into the main bill.

    So- Please, do not get worked up about EB3 vs EB2. OR India vs China vs World

    The real work is to be vigilant about what bill has the chance to come on the floor and then lobby to get the amendments included.

    There are bigger issues for our community- Not one immigrant friendly bill has come up for debate in the last 4 years (exception is the dream act). And here the IV Community is debating and fighting about provisions about one of 100 bills that might never see a chance on the floor.

    The big battle is to advocate and lobby at grassroots to get a bill to come on the floor- persuade lawmakers to be cosponsors for a bill that will help us, and then when the bill is up for debate, we can talk about what we should include as amendments or insert in the main bill to make it fair for everybody.



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  • munnu77
    09-24 11:18 AM
    I think we should send a copies of these mails to the various Housing Agents and other Housing related agencies.

    I thibk they also can use their lobbies to work for this proposal as this would be helpful to their business too.

    good Idea





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  • snthampi
    07-31 11:52 AM
    Thanks Thampi. Someone does not see that as funny as you. Gave me two reds. But I dont care. That was a just a joke and I did not belittle anyone.

    Don't worry man. Some people take things too personal and just live in a box. This thread is hilarious and inspiring in terms of keeping our spirits high after reading all the negative stuff like waiting for another 5 years for the 485 outcome. So, keep going.



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  • chanduv23
    06-27 07:29 AM
    It doesnt say anywhere that they can change PDs in the middle of the month. What they are saying is that based on data collected from the "total number of files at point of approval" they can change PDs. But it doesnt say that they can change PDs in the middle of the month.

    If anyone has a URL or source of information that shows the USCIS stopped accepting petitions in the middle of the month even when the dates were current, PLEASE POST THE URL OR SOURCE.

    Otherwise this is bogus information coming out of certain law firms.

    And this community is so scared that they have started seeing what they believe rather than believing what they see. The cynicism and psychosis has reached such alarming levels that people are seeing things even in Ombudsman report that dont exist.

    :D :D :D :D The most successful people in the world are cynics.
    People who initiate this kind of news - have been popular Attorneys. No idea why they do it - maybe to get more people to file and more money etc...





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  • mallu
    02-15 04:41 PM
    ....

    The story is different for EB immigrants. Their eligibility does not expire. That's why it's possibile to recapture numbers from the previous years.


    So, my sending letter to pres. Bush to recapture unused visas is not a waste.



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  • pitha
    09-24 12:39 PM
    EB2 India forward movement will happen if and only IF USCIS\DOS does Eb1-->eb2 Row-->Eb2 India \China visa spillover every quarter. There are 4050 pending eb1 485, assuming about 2000 more eb1 485 are added for the next 2 months ther will be 4000 Eb1 (10000-4050-2000) visas avialable for spillover in December 2009. If DOS does a spillover into Eb2 ROW then there would be forward movement for Eb2 India as there are only 7150 Eb2 ROW 485 pending and if 1000 more eb2 row are added for next 2 months EB2 India\china should get approximately 6000 visas [10000 -7150(pending eb2 485-1000(new eb2 485 for next 2 months) + 4000(spillover from Eb1)]. If they dont do spillover the above way then Eb2 india dates would most probably move back until August\Spetember 2010. Can we request DOS to do spilllover every quarter instead of every year because they know the demand from the USCIS report and lot of Eb2 India\ China 485 are pre adjudicated.





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  • swethanjit
    07-09 07:29 PM
    Dear Sir / Madam,

    I am currently on OPT which is valid till July 2009. Also, my H1-B is approved through a company X starting oct 2008. Currently I got a job with company Y on my OPT. Can I continue to work on my OPT with company Y till July 2009? OR Do I need to transfer my H1B to company Y to be able to continue to work after Oct 2008?

    Regards
    Swetha.





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  • panini
    05-11 05:11 PM
    It is easy to spit out numbers like this. Do you have independent proof of these? Please don't point us to LTTE run web sites. Provide hard proof if you can.

    As for "formerly superior Tamil competitiveness", I am sure what you refer to is, the fact that during the British period, the Tamils were given the lion's share (pardon my pun) of all the civil service and other administrative jobs as part of their divide and Rule policy. When SL gained independence of course, things changed so that formerly discriminated Sinhalese started getting their fair share of thse opportunities. Mind you that Sinhalese are after all 75% of SL. Are you saying it is fair to ask 12% of the population (SL Tamils) to have 50% of all the opportuniies and land and the resources reserved for them???



    Whoever is supporting the SL govt. Do you deny these facts. From 1948 various SL govts been using different approaches and policies to discriminate Tamils in SL,Now it is in the name of fight against Terrorism.

    Ever since independence in 1948, government policies have systematically violated the social, economic and cultural rights of Tamils: through the disenfranchisement of the Indian Tamils, through state sponsored colonization of the North-East by Sinhalese settlers, frequently accompanied by forceful eviction of Tamils, through a discriminatory language, education and recruitment policy which pursued but one aim: the Sinhalization of the state. Today, more than 90 % of civil servants, and 99 % of the security forces are Sinhalese. The politics of �positive discrimination� of the Sinhalese appears presently to be transformed into one of long-term exclusion of the Tamils because of proven incapacity. For what reasoning other than to eliminate the formerly superior Tamil competitiveness once and for all, while prolonging, even cementing Sinhala domination well into the next generation, can be adduced to explain the surplus of 14 000 Sinhala as against a shortage of 10 000 Tamil medium teachers, the lack of the most elementary school equipment (over 120 000 desks and chairs in the Vanni alone); a teacher pupil ratio of 70 to 1 in Tamil areas as against 22 to 1 for the rest of the country? The results of this outright violation of rights manifest themselves: in the competitive examinations for the Sri Lanka Accountant and the Administrative Service at most two Tamils were selected each year since the early 1990s!





    yetanotherguyinline
    09-04 07:59 PM
    yetanotherguyinline,

    You may not care, but many members do care about what's happening in India.

    I deeply care about what is happening in my motherland. But this is not the right forum to discuss these issues. Immigration voice is a organization that represents skilled immigrants seeking to emigrate to US and I believe the type of conversation in this thread is not representative of legal immigrant's views (including the majority from India). What we post on open forum is available to everyone and can be used against us in future for propaganda purposes.

    I will probably not respond to future posts but I request admins to consider closing and deleting this thread.





    vdlrao
    09-17 02:18 PM
    Hi VDLRAO,

    Couple of months back you were very optimistic about EB2 I will be current soon, what were the things influencing your thoughts.

    Do you think EB2 I, will not be crossing 2005 by September 2010 ?


    By september 2010 EB2 India will surely enters into 2006.