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  • sayantan76
    07-06 12:36 PM
    Why not? Although I have applied for GC, I have no desire to take US citizenship, just to let you know. The majority does not mean the whole world and also does not mean everyone. There are Indian citizens that love India. Parents should be able to make decisions for their kids until they are 18. The kid can take US citizenship when he is 18 if parents have opted for Indian citizenship.
    well said my friend and i agree with you completely. although, i grappled with this issue when we had a baby.......the question where i got stumped was - if i got Indian Citizenship for my child (born in US), what would be the child's legal status here? and, also if we were traveling outside the country - how would the child reenter US?

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  • ronhira
    06-03 12:41 PM
    ya that explains.... so u'r some 20 yr old who need to grow up..... have to learn that sometimes there is a lot more to what just what you know......

    and why would you prefer maths.... dummy, didn't you know, we have calculators & computers to do simple and complex calculations.....

    btw, for starters, what've you achieved? if the answer is nothing.... then learn to appreciate others.... maybe that might help to be humbled at the effort and genius of 10 yr old.....

    going for a competition with international participants, then being in finals of a competition & then winning the a competition at this level .... wow.... and you are not impressed..... and not that u'r not impressed, you have nothing better to do on a friday... other that demeaning the effort of some kids, who for sure are a lot more dedicated than what you be in u'r entire life..... what a low life r u....

    how @ u share the last time you were went to compete with other competitors at international level at any age group.... even if it were competition to down play what other's have achieved...... i don't think you can point to a national press covering you for even participating, if not winning, any competition.....

    Senseless post. You are exciting too much brother.

    I am the one who is opposing that this kind of matters should not post here and wining in this competetion is not so great.

    Regarding Jealousy, It is funny. I am in my late 20's and even I dont have kids. why should I jealous about her. I dont know about other members. But fact is no body jealous about her.

    And your comparision is so stupid. Its yucky. 100 m or 1000 m is a physical activity.

    I will prefer doing math or some thing else than your SPELLING BEE.

    Finally, If you want to congratulate her arrange a meeting or pot luck in your home and congratulate her.
    Or just send a check for her. Please dont make non sense here by posting suh useless /out of scope matters.

    PS: Take ot easy if there are any spelling mistakes in my reply.

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  • sidbee
    12-08 05:50 PM

    I really dont know,why did you sign a contract , when you were paying for the H1B transfer.

    I was in such a contract when i came to the US, and i left the company when i wanted to.These types of contracts don't hold in the court of law (How can they say that the white collar slavery is legal).The only thing which holds is the Non Compete Clause (If you join the Client Directly, in case of a consultancy firm)...

    I do not know the exact wording of your contract , and i am not a lawyer.These are my personal views, and do not constitute a legal advice.

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  • cjagtap
    07-23 08:31 AM
    I called service center..those who have applied to TSC ,they kept all the applications on hold which came on 2 nd July and started to put them into their systems from July 20th ,so just hope to see your check getting cashed by this or next wk...


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  • gunsnkars
    07-19 01:45 PM
    I was under the impression based on some posts I read on other websites that even if your I-485 is approved before you applied for I-485 for your spouse, you can still add her if you were married before your I-485 approval date. Can someone confirm this ?? I feel the best way to handle the situation would be to apply for the I-485 of spouse on the date the PD becomes current. Keep all documents and applications ready and file on the first date. Since visa bulletin comes out 15 days in advance its good lead time to make preparations even if the movement of date is sudden.

    you are right on the money!!But i don't see any use for guys with PD>2006 coz anyway they would have to wait for more than 3 years to file their spouses bcoz of retrogression. y not wait for PD's to bcum current at a later date and apply together..GET IT!!!

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  • delhirocks
    06-28 02:08 PM

    Please see the attached document section B2.

    It implies that one can apply for EAD even if I-140 is pending, but the said law firm advises against it if the case is not straight forward (Labor substitution etc...)

    Also, I just got off the phone with my lawyer and she confirmed that
    "Though it is advisable to apply for EAD after I-140 is approved, it is not neccesary".

    In my particular case, since my H1 is valid till July'08, she mentioned it shouldn't be a problem. But she mentioned that they intend to convert the I-140 application to Premium, the moment USCIS reinstates it to be on the safer side.


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  • gsc999
    09-22 12:21 AM
    The broken system is causing a reverse brain rain, right? Well How about we:

    1- Each one of us buys 10 bath tub stoppers (you know, the stoppers you use when taking a bath, to stop the water from going down the drain) and mail them to Congress, Media, USCIS, etc- With a letter "Please stop the self-inflicted U.S. Reverse Brain Drain, already 100,000 highly-skilled have left, stop the 10-year green card delays for LEGAL highly-skilled immigrants that is pushing them out of the country in frustration and lured by the boming economies of their home countries. Retain these highly-skilld immigrats that the U.S. needs while American universities train more Americans in the sciences, math and technology that the country does NOT currently have and desperately needs to retain U.S. global leadership and competitiveness"...or something like that

    2-At the same time, we ALL send WHITE roses to Congress (Roses are now IV's trademark, we are known for them and the peace they mean, and roses should probably be on IV's logo too) Attach same note

    THAT will send a strong message!!! (trust me)
    Last year anti-immigrants send bricks to lawmakers to make a point about broken borders, strong symbolism, bricks to construct walls.

    In a similar way, this seems like an interesting idea.

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  • Macaca
    08-13 09:52 PM
    Employment Based (EB) Green Card (GC) Laws

    The yearly GC quota is 140K. This includes GC for spouse and children. On an average, GCs are given to ~60K families.
    Each country is allotted 7% (of 140K) GCs (equally distributed among EB-1, EB-2 and EB-3). Each country gets 9800 GCs (~4K families) + unused GCs (in the last quarter) from other countries, if any.
    GCs unused in a year can not be reused in following years. There were 376, 345 unused GCs from 1992-2005 (page 34); 50K were recaptured for Schedule A from 01-04 and 107, 586 were recaptured for family based.
    The Citizenship and Immigration Services (CIS) Ombudsman Annual Report 2007 (http://www.dhs.gov/xlibrary/assets/CISOMB_Annual_Report_2007.pdf) estimates (page 35) the submission of 500K-750K (yes 500K+) AOS applications between June 1 and August 17 2007.
    There were ~1M pending AOS applications as of March’07. (pages 11 and 14 of Ombudsman's report)
    USCIS can not determine the exact number of pending applications and a breakdown of pending applications by number of months pending and application type. Further, USCIS is not making any effort to determine these numbers. (page 13 of Ombudsman's report)

    Administrative Delays

    USCIS is 90% funded by application fees and is short of resources.
    So far EAD renewal has been taking ?? months. With the additional applications it will take ?? months and we will have to apply for renewal after ?? months.
    FBI name checks may be the single biggest obstacle to the timely and efficient delivery of immigration benefits. (page 37 of Ombudsman's report)

    As of May 2007, USCIS had 329,160 pending name check cases, with approximately 64 percent (211,341) of those cases pending more than 90 days and approximately 32 percent (106,738) pending more than one year. (page 37 of Ombudsman's report)
    The backlog appears likely to get worse, because the August USCIS fee increase has prompted a 50 percent rise in new naturalization applications so far this year.(Washington Post (http://immigrationvoice.org/forum/showpost.php?p=85213&postcount=365))
    USCIS has limited capability to produce reports detailing the status of long-pending name check cases. In addition, USCIS systems do not automatically indicate when a delayed name check is complete and the case can be adjudicated. Often, this leads to a situation where the validity of other checks expire before USCIS reviews the case. Those other checks then need to be reinitiated, adding financial and time costs for applicants and USCIS. (page 43 of Ombudsman's report)
    Since 2001 FBI has intensified the scrutiny of immigrants with high-technology backgrounds. (Washington Post (http://immigrationvoice.org/forum/showpost.php?p=85213&postcount=365))

    What does it mean?

    There will be 1.4M+ AOS applications by Aug 17 which will take 1.4M/140K = 10+ years. Thus, priority dates will remain retrogressed for several years.
    Those who could not file AOS will wait for several years.
    EAD/AP is valid for 1 year: long cycle of EAD/AP renewals.

    If your EAD is not renewed in time, you will have to stop working,
    Several employers (and rightly so) view EAD as a temporary permit and are reluctant to hire you.

    You need to be in the same position with same job responsibilities for an indefinite time period otherwise your GC application will be rejected.
    If you were unmarried at the time of filing, you will need to continue on current status (e.g. H-1B) otherwise you cannot bring your spouse.

    Executive and Legislative Efforts
    The only solution is to change laws to increase EB GC numbers.

    EB Immigration reform does not have enough support in Congress (failure of SKILL, STEM, ...). As a matter of fact, it does not even get enough support to make it debatable, let alone final voting.
    IV Hill Lobbying: manager's ammendment (http://immigrationvoice.org/forum/showthread.php?t=948&highlight=manager%27s+amendment) in CIR 2006, July 2007 Visa bulletin reversal (http://immigrationvoice.org/forum/showthread.php?t=10097&highlight=huge+development).
    Always ahead of others (http://immigrationvoice.org/forum/showthread.php?t=12135).
    IV grassroot effort (flower campaign (http://immigrationvoice.org/forum/showpost.php?p=106384&postcount=683) + San Jose Rally (http://immigrationvoice.org/forum/showpost.php?p=114554&postcount=738)) was an important reason for retraction of July Visa Bulletin.

    Your options: a) Struggle for several years b) Leave USA c) Help yourself by joining IV


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  • svn
    04-08 12:01 PM

    One irrelevant question: Why did you wait till Aug 15th, 2007 to file your 485 when your date was current in June and you could file in June 2007?

    Just noticed your question - I was actually one of those stuck in the notorious BEC. As luck would have it, my Labor cert which had been stuck in local office processing first and finally made it to the second stage of labor was stuck there as well for months until it seemed like they finally were processing applications that had been received at the same time as mine. Then it happened - all labor processing centers were scrapped and everything was shipped in boxes to the blackhole called BEC. Little did I know then the upfront delay of months would be insignificant compared to the delay of almost 4 years at the BEC. In fact, my labor cert hadn't been processed by BEC even when the Jun 07 window opened up. As luck would have it though, in the month when everything was rolled back, my labor was finally cleared (thank god for small mercies!) and I was able to apply for both I-140 and I-485 when the window opened back up temporarily between July 30th and Aug 17th. Of course, I am still last in the line since USCIS processes based on application received data and not priority date! However, as I mentioned earlier, I am thankful to all of the efforts of IV that led to the window opening back up, which actually enabled me to file my I-485 and eventually receive an EAD (if not, would have still bee completely dependant on H-1, 11th year, now)

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  • aadimanav
    08-22 01:59 PM
    I like your word: "guestimate" (Guess + Estimate) i.e. tukka (hindi word)

    Well, I don't think I am at the end of line of 300,000 people. There must be lots and lots of people whose priority date is after April 2004 might have filed. This includes 2004, 2005, 2006 and 2007.

    So I think 3 years is intelligent guess. But who knows I am just trying to make myself happy and trying to stay positive.


    Think of it this way. Conservative estimations say that in the recent application rush, USCIS received 300K applications.

    That is 2 year's worth of applications alone, not including those already at USCIS.

    If you compound that with the asinine 7% country limit, and assume that there are MUCH more than 7% of that 300K from Indian nationality - I'd say you are looking at much longer than a 3 year wait on average. I'd guestimate 7 years.

    The only way this will change is to support the DC rally. We are getting major traction and positive news on this and it's potential affects. Please do everything you can to come.

    There are people offering to pay 100% of airfare, there are free buses being set up. There are very few valid reasons not to come!

    Be part of history!


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  • ras
    07-26 05:11 PM
    After incorporating the company in one of the states. What are the next important things one as a owner of the company needs to take care of especially if it is in IT product development area ( ofcourse including consulting but not purely comparable to predominent desi consultancy services)

    Specifically in the following category:

    1. If you are selling IT software products and services, what are the legal necessary formalities one needs to take care of?

    2. How about expanding the branches in outside USA? May be a branch office in India to leverage huge technical resources? Any legal or other things to be taken care of ?

    3. Bank Accounts next steps

    4. Credits Credit Cards. What are the precautions one needs to take care of?

    Any other thoughts....

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  • pappu
    02-27 10:54 PM
    o.k. Thanks for your reply
    so are you trying to say that IV is so disappointed that it will not do anything at all ?

    Never said that.
    IV is you and me. Please take the initiative and lead the effort if you feel strongly about your idea. You can start by doing a media campaign and generate articles on this subject.


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  • newbie2020
    09-25 09:06 PM
    Here are the things you need

    a) Business plan
    b) Product/Service idea
    c) An Accountant/Book keeper
    d) A Lawyer (General/immigration)
    e) Money
    f) desire to succeed

    rest everything is just things which can be arranged

    Now specifically when u want to start a company with pending I-485 you want to determine what is that you want to do with it....Process H1's consulting, create products whatever.....

    Determine what should be the structure of your company LLC, LLP, C-Corp each one has its own advantage and disadvantage......

    find a CPA and register it..... Get the company registered open tax id....if you need a location, find one and sign lease, Open a bank account, Hire people.....an grow your company....:)

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  • gc_on_demand
    07-30 04:58 PM
    Hello there ,

    From now onwards visa dates will be stable. I mean little or big but most of time forward jump .. Not a big swing that we saw for couple of years.

    What bothers me is SPILL OVER. CIS told that EB2 India and China is under their annual limit.EB2 ROW has very less labor compare to last years. For first quarter they had approx 700 LC. if you apply same math then 2800 ~ 3000 LC and 7500 visa needed for all EB2 Row.

    Total EB2 has 40k. India and china consume 6k together. Now there should be SPILL of 24k visas to Eb2 India and china.

    I am not talking about EB1 Spill ( Which is current till date ) . VO told that EB4 will have cutoff date for Still there can be spill from Eb5.

    If no SPILL THEN DATE WILL NOT MOVE SINGLE DAY IN SEP. IF SPILL FROM EB2 only then it will move till MID 2004 . and If more spill then I see we will crossing 2004.


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  • coolvigo
    11-05 01:21 AM
    I have read lot of articles on money transfer.....and all said money can come from India only if it is for education or medical reasons. ....... we need to show proof for the same too....

    Anyway, whoever was able to do it.....good for him :-)

    I found a guy here who is giving me his dollars in US in exchange of rate of Rs40=$1. I am losing some money in this transaction.....but I guess....I will have to take it :(


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  • gc_on_demand
    06-12 12:44 PM
    Good analysis.

    Additions: from all current categories - may be 25 K in 2 years?

    This is the key stat here. It all depends on how many apps that are in the current category now get filed in the next few years. If there are no more new EB applicants, we should see all pending apps to get approved in a year or two max. The 4 current categories now are EB1 ROW, EB1 India/China and EB2 ROW. If there are 140K apps coming in every year from these categories, we'll never see any movement for EB2/EB3. Anybody know the average number of applicants the last few years from these categories? From the recent news, we know that demand for EB1 India and EB1 China has grown substantially. In my opinion, setting a cutoff date for EB1 India/China would be the best thing for USCIS to do now. That will prevent any new visa usage for EB1 India/China and allow EB2 and EB3 categories to catch up.

    If they get continus apps from Eb1 in each quater how can they set up cutoff date ? ( I mean their demand with in range of supply ) .. isn't that illegal ?


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  • vivekm1309
    05-28 03:13 PM
    Good point , but neither H1B says its only for INNOVATORS rather it says only SKILLED workers. Not even every PhD is innovator . May be in some circumstances the so said perspective is true but i dont agree with every point.

    There are no enough Americans who can do the Job if you guys think its H1B and remove H1B every Job will land as an outsourcing . If not h1B many Outsourcing IT firms will find some way to temp bring IT pros and eventually outsource.

    The Key point that IV is making is how much taxes we are paying and how good we are making to American economy. If they remove H1B ,then they understand how and what they have lost.

    Good points, only thing to add is not all innovations can be brought to notice to relate to a sinle employee ...most of the times we as employees are part of systemic effort that is innovating. It would be wrong to say that H1-bs are not contributing towards innovation anymore.

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  • eb3_nepa
    05-11 03:07 PM

    I keep hearing that "STEM will be exempt from the quota". What EXACTLY does that mean? Does it mean that:

    1) STEM's can apply for 485 straight away if labor is approved regardless of PD?
    2) STEM's still Cannot apply until PD is current, but after that no more waiting for the country quota

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  • nonimmi
    09-15 03:36 PM
    My kids didn' go to day care until they are 1.5 years old, then they want to babysitter , they started going to day care after 2.5 years. Day care is right place for kids after 2 years, because they need other kids to play, staying home is boring for them. I have personally experienced this.

    Great memory! You remember your age 2 experience!!
    No wonder why you're so successful!! ;)

    04-21 02:48 PM
    no need to stop laughing....ur loving kids will be laughing more loud than yours in future, when you become old.

    if you have no parents...or no good parents...please don't post stupid comments.

    i know, all honest people will support this.

    this is not new...i saw a website for this....which was signed by 100's 1000's people...could not find it now.

    May be all moved back to home country.........:D

    11-17 10:20 PM
    First, find a new job and check whether the job would be the one which you would like. Get H1B transfer and move to the next job.
    If i were you, with a lame excuse tell the present employer that you want to move to a another job because there is nothing challenging to work on. I liked working with you and i hope i can join you sometimes later. Praise him a lot so that he feels he had been falsely praised. If he starts talking to you about the contract tell him you would report to DOL etc..
    I paid for my H1B fees and i don't care for paying the fees if i can get a raise by changing employers. This is my 3rd job and i had paid the H1B fees except one part the employer has to pay. (i.e. fraud fee, etc..) the lawyers fee is not required to be paid by the employer.
    Forget of $3K, change the job and try to get 20% higher salary elsewhere a place you like. Its easy to get a new job with better compensation.

    About my experience, I was working with a big desi company and they gave me 0.25% raise the first year and 0.7% raise the third year. When asked as promised when are you going to apply for my green card. They replied not this year but maybe on the 4th or 5th year because i am not fit to be a engineer. I left the company and found a small firm. I asked them to match my present salary and work on my green card. They promised me. (I like and respect Japanese onwers, they respect and treat better). They increased my salary by $13K in 6 months.
    world is not small, you will find some better employer. Don't fight on small matters. Look at a big picture. Fight with your present employer only if you have no options. If you have options, cut your losses and move ahead in life.

    J Thomas

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