samay
07-29 08:33 AM
While applying EAD online, by mistake I put family name as first name and first name as last name, Now I have got RFE saying service record indicates my name is different, so send birth certhificate. Do I need to send a cover letter saying this was mistake and I swapped the name by mistake.
Can It be corrected or it is very seroius mistake.
Yes it can be corrected at this time. You can answer the RFE yourself and explain you mistake or ask your attorney to do so. I would suggest that contact your attorney so that you can prevent any future mistakes.
Can It be corrected or it is very seroius mistake.
Yes it can be corrected at this time. You can answer the RFE yourself and explain you mistake or ask your attorney to do so. I would suggest that contact your attorney so that you can prevent any future mistakes.
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snram4
01-15 06:08 PM
Durbin/Grassley bill will check them also. But it will impact some good people also. We are opposing that because many of IV members may be impacted by that. Also most IV members feel that bill is conspiracy to eliminate h1b program. There is no easy solution for these issues. If they relax the rules fraud will increase and if they tighten it then some good persons also impacted. So the fight will go on forever. But economy will decide future of H1b and immigration. You cannot prevent restrictions if employment growth does not return to normal levels. But restrictions will not block H1b program but will bring best people in the world.
only consulting companies need to follow the law...? what about infy,wipro, tcs placing L1 consultants at the client location ?
only consulting companies need to follow the law...? what about infy,wipro, tcs placing L1 consultants at the client location ?
soulat
10-03 11:24 AM
Hello,
Firstly, thank you to the attorney for taking the time to answer our questions and to Immigration Voice for facilitating this process.
Dear attorney,
Is the "P" visa category considered a dual intent visa category? Meaning can someone on a P visa apply for permanent residency?
If yes, then is the permanent residency process for a P visa holder the same as someone on an H visa? i.e., get LC, I-140 and then apply for I-485?
Thank you in advance for your reply.
Best wishes to you!
Firstly, thank you to the attorney for taking the time to answer our questions and to Immigration Voice for facilitating this process.
Dear attorney,
Is the "P" visa category considered a dual intent visa category? Meaning can someone on a P visa apply for permanent residency?
If yes, then is the permanent residency process for a P visa holder the same as someone on an H visa? i.e., get LC, I-140 and then apply for I-485?
Thank you in advance for your reply.
Best wishes to you!
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lazycis
02-14 12:58 PM
Galvez v. Howerton 503 F. Supp. 35, 39 (C.D. Cal. 1980)
http://boards.immigrationportal.com/showpost.php?p=1838094&postcount=14843
"Plaintiffs herein allege that officials of the Immigration and Naturalization Service (INS) have engaged in affirmative misconduct in failing to process their applications for adjustment of status to that of permanent resident aliens. They seek a court order compelling the defendants to issue them appropriate visa numbers."
"Where there has been affirmative misconduct on the part of the INS, the United States may be estopped to deny the availability of visas to those otherwise eligible but for the government's acts. See Immigration & Naturalization Service v. Hibi, 414 U.S. 5, 8-9, 94 S. Ct. 19, 21-22, 38 L. Ed. 2d 7 (1973); see also Villena v. Immigration & Naturalization Service, 622 F.2d 1352 (9th Cir. 1980) (en banc); Santiago v. Immigration & Naturalization Service, 526 F.2d 488, 492-93 (9th Cir. 1975) (en banc), cert. denied, 425 U.S. 971, 96 S. Ct. 2167, 48 L. Ed. 2d 794 (1976). The central inquiry here is the determination whether or not the conduct of the INS, including the failure of the INS officials to understand the applicable law, the improper rejection of plaintiffs' visa applications on two occasions, and the ensuing delay, constitute affirmative misconduct.
It is the duty of the agency to inform itself of the law which Congress has authorized it to enforce. The INS admits that its personnel were not familiar with the current statute applicable to plaintiffs' visa eligibility and thus erred in returning [**8] the plaintiffs' applications on the basis of a misinterpretation of the relevant law. This failure to act in accordance with law is an aspect of the agency's affirmative misconduct which the Court cannot overlook. Administrative Procedure Act, 5 U.S.C. � 706(2)(A) (agency action to be set aside where "not in accordance with law").
Another aspect of the present misconduct relates to the agency's failure to fulfill a statutory duty. The INS has a statutory obligation to issue visas to qualified applicants to the full extent of the annual quota limits established by Congress. 6 The legislative history of the Immigration & Naturalization Act indicates that this duty has not been left to agency discretion, see S.Rep. No. 748, 89th Cong., 1st Sess. reprinted in (1965) U.S.Code Cong. & [*39] Ad.News, pp. 3328, 3337-38, but is obligatory upon the agency. "
"IT IS HEREBY ORDERED that plaintiffs' Motion for Summary Judgment is granted, and defendants' [**14] Motion for Summary Judgment is denied. The Court orders the defendant Secretary of State to issue A.T. Cortes and E. Cortes Fifth Preference visa numbers and to charge them to the 1979 visa allotments"
http://boards.immigrationportal.com/showpost.php?p=1838094&postcount=14843
"Plaintiffs herein allege that officials of the Immigration and Naturalization Service (INS) have engaged in affirmative misconduct in failing to process their applications for adjustment of status to that of permanent resident aliens. They seek a court order compelling the defendants to issue them appropriate visa numbers."
"Where there has been affirmative misconduct on the part of the INS, the United States may be estopped to deny the availability of visas to those otherwise eligible but for the government's acts. See Immigration & Naturalization Service v. Hibi, 414 U.S. 5, 8-9, 94 S. Ct. 19, 21-22, 38 L. Ed. 2d 7 (1973); see also Villena v. Immigration & Naturalization Service, 622 F.2d 1352 (9th Cir. 1980) (en banc); Santiago v. Immigration & Naturalization Service, 526 F.2d 488, 492-93 (9th Cir. 1975) (en banc), cert. denied, 425 U.S. 971, 96 S. Ct. 2167, 48 L. Ed. 2d 794 (1976). The central inquiry here is the determination whether or not the conduct of the INS, including the failure of the INS officials to understand the applicable law, the improper rejection of plaintiffs' visa applications on two occasions, and the ensuing delay, constitute affirmative misconduct.
It is the duty of the agency to inform itself of the law which Congress has authorized it to enforce. The INS admits that its personnel were not familiar with the current statute applicable to plaintiffs' visa eligibility and thus erred in returning [**8] the plaintiffs' applications on the basis of a misinterpretation of the relevant law. This failure to act in accordance with law is an aspect of the agency's affirmative misconduct which the Court cannot overlook. Administrative Procedure Act, 5 U.S.C. � 706(2)(A) (agency action to be set aside where "not in accordance with law").
Another aspect of the present misconduct relates to the agency's failure to fulfill a statutory duty. The INS has a statutory obligation to issue visas to qualified applicants to the full extent of the annual quota limits established by Congress. 6 The legislative history of the Immigration & Naturalization Act indicates that this duty has not been left to agency discretion, see S.Rep. No. 748, 89th Cong., 1st Sess. reprinted in (1965) U.S.Code Cong. & [*39] Ad.News, pp. 3328, 3337-38, but is obligatory upon the agency. "
"IT IS HEREBY ORDERED that plaintiffs' Motion for Summary Judgment is granted, and defendants' [**14] Motion for Summary Judgment is denied. The Court orders the defendant Secretary of State to issue A.T. Cortes and E. Cortes Fifth Preference visa numbers and to charge them to the 1979 visa allotments"
more...
amsgc
07-04 12:43 PM
For my spouse, I've to take care of all the fees for I-485 / I-765 / I-131 / Biometric ( $325 + $180 + $170 + $ 70). For me, I've to take care only I-131 Fees ( $170). The Company Pays the fees only for my I-485 and I-765 and also take care of the Attorney Fees for both of us. They also reimburse the Medical Expenses, if the insurance does not cover the charges, only for Employee/ Primary applicant. For all dependents it is my responsibility.
I just want to point out that whether or not your company helps offset these costs is immaterial at this point. This is money that has gone down the drain. Depending on the Oct. Visa Bulletin, you, or your employer may have to incur the same expenses all over again. So in the end, you may end up spending more than twice the amount of money, and more in application fees.
My only beef is that if the USCIS was intentionally working hard to preempt the deluge in July, WHY DID IT NOT TALK TO THE DOS AND MAKE THIS INFO PUBLIC??? This is unethical and unacceptable conduct.
I just want to point out that whether or not your company helps offset these costs is immaterial at this point. This is money that has gone down the drain. Depending on the Oct. Visa Bulletin, you, or your employer may have to incur the same expenses all over again. So in the end, you may end up spending more than twice the amount of money, and more in application fees.
My only beef is that if the USCIS was intentionally working hard to preempt the deluge in July, WHY DID IT NOT TALK TO THE DOS AND MAKE THIS INFO PUBLIC??? This is unethical and unacceptable conduct.
chanduv23
02-13 11:55 AM
Lets see how a common member look at so called "GC Dream" and try to understand why there is no unity.
Is it what is called "Inspiration" which is missing? I guess so. Can we call it "Motivation"?
What else can we call that "thing" which stops us from uniting for a cause? "So far I am just "Encouraged" that all not inspired". Is this what it is? I do believe there is a huge difference in these 2 words.
Everyone in this community are Brave and Courageous.
Note: Do not jump on me asking What am I doing on all this. :) I think we just have to realize this to get a bigger perspective.
I agree to a lot of your points - the community has to evolve and not be pushed. All I say is for those who talk the talk, if they walk the talk - they become a good example and the community will grow.
Please do not take this as criticism. I respect everyone's space - come on folks we can collectively do it - why do we want to resist unity? It does no damage to us but only helps us for whatever cause we want to achieve, otherwise we will always be under the radar of people like Lou Dobbs and his likes - just because we are not vocal.
I am sure, one day the community will rise :)
Is it what is called "Inspiration" which is missing? I guess so. Can we call it "Motivation"?
What else can we call that "thing" which stops us from uniting for a cause? "So far I am just "Encouraged" that all not inspired". Is this what it is? I do believe there is a huge difference in these 2 words.
Everyone in this community are Brave and Courageous.
Note: Do not jump on me asking What am I doing on all this. :) I think we just have to realize this to get a bigger perspective.
I agree to a lot of your points - the community has to evolve and not be pushed. All I say is for those who talk the talk, if they walk the talk - they become a good example and the community will grow.
Please do not take this as criticism. I respect everyone's space - come on folks we can collectively do it - why do we want to resist unity? It does no damage to us but only helps us for whatever cause we want to achieve, otherwise we will always be under the radar of people like Lou Dobbs and his likes - just because we are not vocal.
I am sure, one day the community will rise :)
more...
sriramkalyan
01-13 07:55 PM
My take is BODY SHOPPING is killed.
H1Bs can work at direct employer or as an employee of direct vendor at off site.
No more small consulting firms sending resumes to direct vendors. May be in long term its good for H1Bs.
Mostly Desi consulting firms will get hit. Outsourcing companies like TCS,Infosys are direct vendors to big clients. They will OK ..
H1Bs can work at direct employer or as an employee of direct vendor at off site.
No more small consulting firms sending resumes to direct vendors. May be in long term its good for H1Bs.
Mostly Desi consulting firms will get hit. Outsourcing companies like TCS,Infosys are direct vendors to big clients. They will OK ..
2010 planking fad photos.
PlainSpeak
01-13 03:32 PM
You've got to be high or sick or both - go see a doctor. Right now you're just throwing trash around.
great so you're trying to incite arguments between members and calling people names. you just proved my point. well don't waste time making empty threats or inciting people on forums.
You can take your trash somewhere else.
If you had any ideas you should have talked to your IV state rep in the last 4 years, it doesn't matter what you post.
Ahhh Tony my friend. You have been a sight for sore eyes. You know how they say a known devil is better than an unknown devil. Lets just say i know where you stand. I do not agree with you but i respect you motivation and i will support your right to express it with my life, but my friend .....
What is this.. This is not how a person should talk. I will not protect or propaget this abuses :P with my little pinkie finger
You've got to be high or sick or both - go see a doctor. Right now you're just throwing trash around.
You know what i am not sick but i really need a cig right now. Jokes aside High or sick hmmmmmmm see a doctor WTF ??. What is with this young people in this worl world. Throwing trash around. woooooooooooooooo
Ok i I rest my case. Nothing good will come out of here
great so you're trying to incite arguments between members and calling people names. you just proved my point. well don't waste time making empty threats or inciting people on forums.
You can take your trash somewhere else.
I am Calling whome what ????? Empty threats ???? HaHaHaHaHaHaHaHaHa What threats are you talking about? Inciting people on the forum. You #@$@#$# (God i try but some people are so out of control u know - That was me talking to myself stopping mysefl from using strong words)
ok sorry abt that. Mr Tony Sirji kindly go and read my commnets to NUKE (A nice guy). It would be the second last comments on this post. After that if you think i am still inciting people you and i have no common ground to talk about anything (Sad i know. I woudl rather be friendly with everyone then fight with someone)
If you had any ideas you should have talked to your IV state rep in the last 4 years, it doesn't matter what you post.
Well if i had some ideas in the last 4 years i assure you i would have. Sorry to dissapoint you but i am not a genius. Hmmm wish i was the i would invent something.
Anyway to get back to the point NO you are wrong about the statement it doesn't matter what you post.Everyone and every idea matters to IV. If not IV would not be what it is now. Albeit i admit my idea may not work(Most probabaly will not) but hey i did come up with one you never know what things will shake up because of some small idea or something some one said (Remember that it works both ways so if you say something stupid it will also reflect on you (Like it is now) and on the organization you represent)
great so you're trying to incite arguments between members and calling people names. you just proved my point. well don't waste time making empty threats or inciting people on forums.
You can take your trash somewhere else.
If you had any ideas you should have talked to your IV state rep in the last 4 years, it doesn't matter what you post.
Ahhh Tony my friend. You have been a sight for sore eyes. You know how they say a known devil is better than an unknown devil. Lets just say i know where you stand. I do not agree with you but i respect you motivation and i will support your right to express it with my life, but my friend .....
What is this.. This is not how a person should talk. I will not protect or propaget this abuses :P with my little pinkie finger
You've got to be high or sick or both - go see a doctor. Right now you're just throwing trash around.
You know what i am not sick but i really need a cig right now. Jokes aside High or sick hmmmmmmm see a doctor WTF ??. What is with this young people in this worl world. Throwing trash around. woooooooooooooooo
Ok i I rest my case. Nothing good will come out of here
great so you're trying to incite arguments between members and calling people names. you just proved my point. well don't waste time making empty threats or inciting people on forums.
You can take your trash somewhere else.
I am Calling whome what ????? Empty threats ???? HaHaHaHaHaHaHaHaHa What threats are you talking about? Inciting people on the forum. You #@$@#$# (God i try but some people are so out of control u know - That was me talking to myself stopping mysefl from using strong words)
ok sorry abt that. Mr Tony Sirji kindly go and read my commnets to NUKE (A nice guy). It would be the second last comments on this post. After that if you think i am still inciting people you and i have no common ground to talk about anything (Sad i know. I woudl rather be friendly with everyone then fight with someone)
If you had any ideas you should have talked to your IV state rep in the last 4 years, it doesn't matter what you post.
Well if i had some ideas in the last 4 years i assure you i would have. Sorry to dissapoint you but i am not a genius. Hmmm wish i was the i would invent something.
Anyway to get back to the point NO you are wrong about the statement it doesn't matter what you post.Everyone and every idea matters to IV. If not IV would not be what it is now. Albeit i admit my idea may not work(Most probabaly will not) but hey i did come up with one you never know what things will shake up because of some small idea or something some one said (Remember that it works both ways so if you say something stupid it will also reflect on you (Like it is now) and on the organization you represent)
more...
nozerd
05-11 09:41 AM
pmt = payment
Government sends you a check every month for each child you have.
Here is an excellent calculator to estimate your Canadian income taxes.
http://www.ey.com/GLOBAL/content.nsf/Canada/Tax_-_Calculators_-_2006_Personal_Tax
Canada has something called RRSP which works the same way as a 401 K plan. However in an RRSP you can actually withdraw funds without penalty upto 50% of your account for purchasing your fiorst home ( In US you can only take loan not wiothdrawl).
Also Canada doesnt allow jopint filing of taxes for married couples. Each spouse has to individually file taxes per my understanding.
Government sends you a check every month for each child you have.
Here is an excellent calculator to estimate your Canadian income taxes.
http://www.ey.com/GLOBAL/content.nsf/Canada/Tax_-_Calculators_-_2006_Personal_Tax
Canada has something called RRSP which works the same way as a 401 K plan. However in an RRSP you can actually withdraw funds without penalty upto 50% of your account for purchasing your fiorst home ( In US you can only take loan not wiothdrawl).
Also Canada doesnt allow jopint filing of taxes for married couples. Each spouse has to individually file taxes per my understanding.
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lahiribaba
06-14 10:14 PM
Well Said Lahiribaba. Takeaway from this is start thinking about How to Position yourself for future?
You can do nothing!! These forces are out of your control.
You can only do what Rocky Balboa said ...
"Let me tell you something you already know. The world ain't all sunshine and rainbows. It is a very mean and nasty place and it will beat you to your knees and keep you there permanently if you let it. You, me, or nobody is gonna hit as hard as life. But it ain't how hard you hit; it's about how hard you can get hit, and keep moving forward. How much you can take, and keep moving forward. That's how winning is done. Now, if you know what you're worth, then go out and get what you're worth. But you gotta be willing to take the hit, and not pointing fingers saying you ain't where you are because of him, or her, or anybody. Cowards do that and that ain't you. You're better than that! "
You can do nothing!! These forces are out of your control.
You can only do what Rocky Balboa said ...
"Let me tell you something you already know. The world ain't all sunshine and rainbows. It is a very mean and nasty place and it will beat you to your knees and keep you there permanently if you let it. You, me, or nobody is gonna hit as hard as life. But it ain't how hard you hit; it's about how hard you can get hit, and keep moving forward. How much you can take, and keep moving forward. That's how winning is done. Now, if you know what you're worth, then go out and get what you're worth. But you gotta be willing to take the hit, and not pointing fingers saying you ain't where you are because of him, or her, or anybody. Cowards do that and that ain't you. You're better than that! "
more...
vikki76
01-15 04:57 PM
I agree Teddykoochu.
Think what will happen if they woke up one fine morning and start another new interpretation of an existing law and then later they start doing it retroactively; just imagine the cascading effect.
It does not matter which side of the ship is taking fire. It seems to me that people on the left side of the boat are happy that the firing is only on the right side, forgetting it is the ship as a whole which is taking fire.
This only reminds me of the famous poem by Martin Niem�ller which goes like this.
"First they came for the communists, and I did not speak out�because I was not a communist;
Then they came for the trade unionists, and I did not speak out�because I was not a trade unionist;
Then they came for the Jews, and I did not speak out�because I was not a Jew;
Then they came for me�and there was no one left to speak out."
To get the gravity of the situation, substitute it with which ever suits you ! EAD/consulting H1/direct H1/AOS pending/485 not filed/EB3/2/1....etc etc.. Behind all these fancy terms, numbers and notations there are people, children and families who are going thru difficult situations.
Well said.
African americans were never allowed to vote directly. There was no law which said that african american can't vote (AFAIK) but there was a small addendum, only those people can vote whose grandfathers had also voted or something similar. Since african americans came only 50 yrs ago,there was no way they could have fulfilled that grandfather requirement.
These changes in H-1 are similar.
Think what will happen if they woke up one fine morning and start another new interpretation of an existing law and then later they start doing it retroactively; just imagine the cascading effect.
It does not matter which side of the ship is taking fire. It seems to me that people on the left side of the boat are happy that the firing is only on the right side, forgetting it is the ship as a whole which is taking fire.
This only reminds me of the famous poem by Martin Niem�ller which goes like this.
"First they came for the communists, and I did not speak out�because I was not a communist;
Then they came for the trade unionists, and I did not speak out�because I was not a trade unionist;
Then they came for the Jews, and I did not speak out�because I was not a Jew;
Then they came for me�and there was no one left to speak out."
To get the gravity of the situation, substitute it with which ever suits you ! EAD/consulting H1/direct H1/AOS pending/485 not filed/EB3/2/1....etc etc.. Behind all these fancy terms, numbers and notations there are people, children and families who are going thru difficult situations.
Well said.
African americans were never allowed to vote directly. There was no law which said that african american can't vote (AFAIK) but there was a small addendum, only those people can vote whose grandfathers had also voted or something similar. Since african americans came only 50 yrs ago,there was no way they could have fulfilled that grandfather requirement.
These changes in H-1 are similar.
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samay
07-29 10:58 AM
Hello Sir,
I am in a process of getting name change for my wife on pending I485. This is because her first name is given as 'No Name Given' by USCIS on the I485 file, EAD and A.P. As she did not have first name in passport.
We recently got her name change on passport by adding my(husbands name) as SURNAME. Now we want to refelect this change on EAD and 485.
Sir, can you please let me know the process of amendment to get name change on the file. What applicaton do I need to fill, and what documents should i send with the form. Can I do it on my own or do i have to go thru a lawyer.
Your answer is highly appriciated.
Thanks,
hydubadi
You will have to draft a letter and submit all documents which you submitted for making the change on the passport. If you want assistance you can get in touch with me. These documents will include your marriage certificate, copy of your passport etc.
I am in a process of getting name change for my wife on pending I485. This is because her first name is given as 'No Name Given' by USCIS on the I485 file, EAD and A.P. As she did not have first name in passport.
We recently got her name change on passport by adding my(husbands name) as SURNAME. Now we want to refelect this change on EAD and 485.
Sir, can you please let me know the process of amendment to get name change on the file. What applicaton do I need to fill, and what documents should i send with the form. Can I do it on my own or do i have to go thru a lawyer.
Your answer is highly appriciated.
Thanks,
hydubadi
You will have to draft a letter and submit all documents which you submitted for making the change on the passport. If you want assistance you can get in touch with me. These documents will include your marriage certificate, copy of your passport etc.
more...
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oguinan
02-15 06:52 PM
No claim, just fact. Sure, you can dress up a pig, but some people will still see it for a pig.
http://en.wikipedia.org/wiki/Immigration_and_Nationality_Act
Racial restrictions which previously existed were abolished in the INA, but a quota system was retained and the policy of restricting the numbers of immigrants from certain countries was continued.
A couple of points. Firstly it's usually a good idea when quoting wikipedia to include the primary reference that the quote or opinion is based on. A contentious issue like immigration reform produces lots of opinion but not all of it is based on fact. Secondly, there are shocking racial elements in the history of immigration laws in the US. Perhaps it's not that shocking when one considers the racial history of the country. Many people will be familiar with the supreme court case 1923 of Bhagat Singh Thind, a Sikh man who fought for the US in World War I. http://en.wikipedia.org/wiki/United_States_v._Bhagat_Singh_Thind
The immigration laws at the time said that only Caucasians could become US citizens. The framers of the law assumed that Caucasian meant "white" while Singh Thind relied on science to prove that people of South Asian origin were also Caucasian. He lost the case with one judge stating "the average man knows perfectly well that there are unmistakable and profound differences".
My point is that the immigration laws of the United States were racist until the 1952 INA act. They specifically placed quotas on people based on the color of their skin. Today's restrictions, while bizarre, unreasonable and unfair in many ways, cannot be defined as racist.
http://en.wikipedia.org/wiki/Immigration_and_Nationality_Act
Racial restrictions which previously existed were abolished in the INA, but a quota system was retained and the policy of restricting the numbers of immigrants from certain countries was continued.
A couple of points. Firstly it's usually a good idea when quoting wikipedia to include the primary reference that the quote or opinion is based on. A contentious issue like immigration reform produces lots of opinion but not all of it is based on fact. Secondly, there are shocking racial elements in the history of immigration laws in the US. Perhaps it's not that shocking when one considers the racial history of the country. Many people will be familiar with the supreme court case 1923 of Bhagat Singh Thind, a Sikh man who fought for the US in World War I. http://en.wikipedia.org/wiki/United_States_v._Bhagat_Singh_Thind
The immigration laws at the time said that only Caucasians could become US citizens. The framers of the law assumed that Caucasian meant "white" while Singh Thind relied on science to prove that people of South Asian origin were also Caucasian. He lost the case with one judge stating "the average man knows perfectly well that there are unmistakable and profound differences".
My point is that the immigration laws of the United States were racist until the 1952 INA act. They specifically placed quotas on people based on the color of their skin. Today's restrictions, while bizarre, unreasonable and unfair in many ways, cannot be defined as racist.
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NKR
02-15 06:52 PM
For the most part I think you're right. When I did my master's we were less than 10 white people in 200 in that major. Most of the indian people in there (about half of the 190) were H4s studying while the spouse came on H1 directly from India. And while I had to pay international tuition they got the in state resident tuition.
When I finished my degree might I add in the top 5 of those 200 I had a hard time finding a job while my colleagues each knew someone who helped them land a job a lot easier. I did ok for myself in the end and I have many Indian friends so don't take this as an anti-indian post. But there are definitely advantages to be part of a big group that is concentrated in an industry.
That being said, I don't think that we would be having this discussion in a normal world in which the GC numbers are enough. So stop the bickering and work towards increasing those numbers. That will make life easier for everybody.
If the spouses are allowed to work, then their one or two years salary is more than the international fee that you paid. Who is the biggest loser.
H4 people going to college is just a miniscule compared to the number of desi students who come here with a good GRE and GMAT scores.
When I finished my degree might I add in the top 5 of those 200 I had a hard time finding a job while my colleagues each knew someone who helped them land a job a lot easier. I did ok for myself in the end and I have many Indian friends so don't take this as an anti-indian post. But there are definitely advantages to be part of a big group that is concentrated in an industry.
That being said, I don't think that we would be having this discussion in a normal world in which the GC numbers are enough. So stop the bickering and work towards increasing those numbers. That will make life easier for everybody.
If the spouses are allowed to work, then their one or two years salary is more than the international fee that you paid. Who is the biggest loser.
H4 people going to college is just a miniscule compared to the number of desi students who come here with a good GRE and GMAT scores.
more...
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lazycis
12-14 01:47 PM
OK, let's assume the SC invalidates country-based quotas. All EB-based immigration has to stop at that point until new law is written and passed. New law can remove EB immigration altogether or implement quotas in a different way. It's a dicey citation at best. On top of this, you do not realize how hard it is to win constitutional challenge. We are having difficult time convincing judges that the USCIS has a duty to process our applications. The government argues that it does not have to process them if it chooses so and a lot of judges support that position!!!
Rajiv Khanna made a great effort on behalf of all EB-based applicants but even he could not get class action certification for AOS delays.
If you are looking for an advice, write or e-mail to AILF or ACLU. No need to spend IV money on this. Do not get me wrong, I am always glad to support new ideas and to challenge government in court, but this one is just not going to fly. EEO is completely different area and there is no conflict between EEO and the INA whatsoever. It's nice to be able to see outside of the box, but from time to time it's good to use conventional wisdom as well.
Rajiv Khanna made a great effort on behalf of all EB-based applicants but even he could not get class action certification for AOS delays.
If you are looking for an advice, write or e-mail to AILF or ACLU. No need to spend IV money on this. Do not get me wrong, I am always glad to support new ideas and to challenge government in court, but this one is just not going to fly. EEO is completely different area and there is no conflict between EEO and the INA whatsoever. It's nice to be able to see outside of the box, but from time to time it's good to use conventional wisdom as well.
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ramus
07-03 05:14 PM
Thanks..
Other members from Ohio please make a call to Ralph Regula..
Ralph Regula in Ohio
Other members from Ohio please make a call to Ralph Regula..
Ralph Regula in Ohio
more...
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digmetalq
08-17 02:42 AM
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
Maybe Indians don't have balls, but there is something called cultural exchange which every country share with each another. Now if SRK decides that US immigration has mistreated him and he decides not to enter US, world is not going to fall down. Recently I heard that HOLLYWOOD wants to come BOLLYWOOD to make investments, maybe out of bussiness sense HOLLYWOOD should support SRK. Big B recently refused doctorate from Aussie unversity in support of Indian students mistreated in Australia. Maybe Indians don't have balls but they have brains.
Maybe Indians don't have balls, but there is something called cultural exchange which every country share with each another. Now if SRK decides that US immigration has mistreated him and he decides not to enter US, world is not going to fall down. Recently I heard that HOLLYWOOD wants to come BOLLYWOOD to make investments, maybe out of bussiness sense HOLLYWOOD should support SRK. Big B recently refused doctorate from Aussie unversity in support of Indian students mistreated in Australia. Maybe Indians don't have balls but they have brains.
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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.
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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hindu_king
05-29 02:53 PM
I think as someone said this guy was randomly throwing numbers out there. How come his analysis does not account for remaining 36K EB1 and EB2 ROW applications. Is he suggesting that all EB1 and EB2 ROW are being used up also. Very hard to believe that for 2008 and 2009 with the way the economy is going. Lot of product companies where most of the ROW 485s would likely come from have stopped applying perm since last summer. There is a huge flaw in this analysis and its not as pessimistic as it seems.
BUT, then again we need legislation to wipe the slate clean and clear these 200K applications, so there is a new build up of visa demand and wait times are tolerable for current applicants and future applicants.
What will happen to the 30k or so unused ROW EB1/EB2 numbers? Typically they trickle down to EB2 India in the last 3 months of FY. I still think this will happen in the next 3 months. Somehow USCIS overreacted and retrogressed EB2 India to 2000 and I think they are going to have to correct it to use all unused ROW numbers.
BUT, then again we need legislation to wipe the slate clean and clear these 200K applications, so there is a new build up of visa demand and wait times are tolerable for current applicants and future applicants.
What will happen to the 30k or so unused ROW EB1/EB2 numbers? Typically they trickle down to EB2 India in the last 3 months of FY. I still think this will happen in the next 3 months. Somehow USCIS overreacted and retrogressed EB2 India to 2000 and I think they are going to have to correct it to use all unused ROW numbers.
amsgc
12-13 10:40 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.
Welcome to the board... we are just analyzing which way to fight is better. Mark is saying lobbying is the only way, some other say exploring to challenge in court worth a try...some say not worth it-forget it. Have your opinion pitch in please.:)
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.
Welcome to the board... we are just analyzing which way to fight is better. Mark is saying lobbying is the only way, some other say exploring to challenge in court worth a try...some say not worth it-forget it. Have your opinion pitch in please.:)
jatinr
07-15 06:40 PM
:confused:My 485 was filed with me as Primary and my wife as derivative in July 2007 with PD of Nov'05 2003. My I-140 is approved
I have applied EAD/AP through this pending AOS, but neither me nor my wife are using EAD/AP since we are both maintaining H1B status.
My wife's parallel GC process - I-140 just got in EB2 - PD Jan 2005.
The Alient no on her application is the same that got assigned due to her pending AOS application .Her PD is current with Aug 2008 bulletine
Do you think we can file multiple 485 to take advantage of EB2 - jan 2005 PD
What is the risk?
OR
just send a letter asking USCIS to consider her approved I-140 for processing the pending AOS applications instead of mine.
Will USCIS do that.
I have applied EAD/AP through this pending AOS, but neither me nor my wife are using EAD/AP since we are both maintaining H1B status.
My wife's parallel GC process - I-140 just got in EB2 - PD Jan 2005.
The Alient no on her application is the same that got assigned due to her pending AOS application .Her PD is current with Aug 2008 bulletine
Do you think we can file multiple 485 to take advantage of EB2 - jan 2005 PD
What is the risk?
OR
just send a letter asking USCIS to consider her approved I-140 for processing the pending AOS applications instead of mine.
Will USCIS do that.