Friday, June 17, 2011

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  • Libra
    09-10 04:44 PM
    thanks madhuri and rajusk for contributions. we love to see you guys in DC. hope you can make it. thanks.




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  • ilwaiting
    04-25 12:05 PM
    Canada, Australia, UK(may be few more countries) does enable the applicant to handle the case rather than being sponsored by employer beause they do not have Many Non-immigrant Worker options as USA does. So they have to apply for a PR from outside the country.




    Guys what about the type of visa? I mean shud the start date be ur H1B start date or ur F1 entry date? Coz if some people start on an H1 a lot of us also started on an F1. In that case doesnt it make more sense to root for the clause that says the immigrant can apply for his own GC that is employer independant? If i am not mistaken, is that not already a part of the PACE act?

    Besides a lot of people are not sure for a while, if they even want to apply for their GCs or not initially. I personally know of atleast 3 such people. By putting the responsibility of application of the GC into the immigrant's hands, and empowering the applicant to apply for himself/herself, the process becomes a lot more transparent and fair. That way the day the immigrant decides to apply and applies is their PD. That way if someone does not start it as soon as he/she can, it is now up to them. Since the applicant Can apply for himself instead of being sponsored for a GC by an employer, it is no longer employer based, so no one can fault the employer saying that, "They didnt file for me for a year".




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  • sertasheep
    07-29 08:07 PM
    Dear schedule A professionals,

    Please support member 'paskal' (physician) in his efforts.
    Several exciting initiatives are underway on the healthcare front, and we also invite professionals from other fields(apart from healthcare). However, y'all must take up leadership and lead these efforts via IV as the platform!

    The agenda should align with general objectives of IV, and we welcome professionals from fields. Please spread the word among the nursing/PT and other communities.

    IV is not restricted to any one nationality alone!!(But, please restrict your conversations to English)




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  • drirshad
    09-11 09:04 PM
    Every visa bulletin there is some information of the coming months processing that needs to be interpreted. The Oct 08 bulletin talks about the following:

    http://travel.state.gov/visa/frvi/bulletin/bulletin_4357.html

    E. EMPLOYMENT VISA AVAILABILITY

    Item E of the May 2008 Visa Bulletin (number 118, volume VIII) indicated that many Employment cut-off dates had been advancing very rapidly, based on indications that the Citizenship and Immigration Services (CIS) would need to review a significantly larger pool of applicants than there were numbers available in order to maximize number use under the FY-2008 annual limits. That item also indicated that if the CIS projections proved to be incorrect, it would be necessary to adjust the cut-off dates during the final quarter of FY-2008. The CIS estimates have proven to be very high resulting in: 1) the �unavailability� of all Employment Third preference categories beginning in July, 2) the �unavailability� of numbers for China and India Employment Second preference adjustment of status cases during September, and 3) the establishment of many October Employment cut-off dates which are earlier than those which applied during FY-2008.

    Little if any forward movement of the cut-off dates in most Employment categories is likely until the extent of the CIS backlog of old priority dates can be determined. It is estimated that the FY-2009 Employment-based annual limit will be very close to the 140,000 minimum.



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  • cygent
    09-02 08:04 PM
    Oh man! Landed here in 1998. But your PD is 2008 and IN EB3?!?!? Originally Posted by kalinga_sena
    * Landed here on jan 1st, 1998 (F1)
    Survived 2 recessions
    No hope as labour filled in eb3
    You must be the oldest person in this thread as well. :D

    In my signature... 13 yrs.; '97 as student, survived 2 recessions & a huge bloodsucker from '00 (who has since been sued & investigated & closed). Tried to leave, but H1 issues kept me. By Luck, hard work & planning managed to file 140/485 in '07 & by God's grace 140 approved 12/08, which enabled me to leave aforementioned bloodsucker. Working on EAD since 10/08.




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  • susie
    07-15 11:19 AM
    APPENDIX: REFORM SOLUTIONS

    The Need for a Compassionate Visa

    A compassionate visa is immediately required for reasons of humanity and dignity. Currently, because of the technicalities of US immigration laws many families torn apart are also subject to more degrading treatment at times of severe illness. Any provision should allow for the following:

    * US residents, including those who are landlocked, to leave the USA for any necessary period for compassionate reasons;
    * Non-US residents to enter the USA for any necessary period for compassionate reasons on a nonimmigrant basis;
    * Evidence of immigrant intent should not prevent a person receiving a compassionate visa (such as an existing immigrant petition), unless an applicant makes it absolutely clear their intention is to immigrate and not to enter the USA on a temporary basis;
    * To prevent abuse of such a visa, documentary evidence should be required as appropriate to ensure the application is made in good faith; and
    * Compassionate visa processing should be dealt with the USCIS for US residents and in the consular office for non-US residents on an expedited basis if the imminent death of a close relative or funeral arrangements for a deceased relative is at issue.

    INA, section 203(h) (as inserted by the Child States Protection Act, section 3) (8 U.S.C.1153(h))

    Current Provision in INA, section 203(h)

    �RULES FOR DETERMINING WHETHER CERTAIN ALIENS ARE CHILDREN-
    (1) IN GENERAL- For purposes of subsections (a)(2)(A) and (d), a determination of whether an alien satisfies the age requirement in the matter preceding subparagraph (A) of section 101(b)(1) shall be made using--

    (A) the age of the alien on the date on which an immigrant visa number becomes available for such alien (or, in the case of subsection (d), the date on which an immigrant visa number became available for the alien's parent), but only if the alien has sought to acquire the status of an alien lawfully admitted for permanent residence within one year of such availability; reduced by
    (B) the number of days in the period during which the applicable petition described in paragraph (2) was pending.

    (2) PETITIONS DESCRIBED- The petition described in this paragraph is--

    (A) with respect to a relationship described in subsection (a)(2)(A), a petition filed under section 204 for classification of an alien child under subsection (a)(2)(A); or
    (B) with respect to an alien child who is a derivative beneficiary under subsection (d), a petition filed under section 204 for classification of the alien's parent under subsection (a), (b), or (c).

    (3) RETENTION OF PRIORITY DATE- If the age of an alien is determined under paragraph (1) to be 21 years of age or older for the purposes of subsections (a)(4) and (d), the alien's petition shall automatically be converted to the appropriate category and the alien shall retain the original priority date issued upon receipt of the original petition.''

    Explanation

    The references to �(a)(2)(A)� refers to principal beneficiaries and �(d)� refers to derivative beneficiaries. Subsection (1) provides a calculation to be considered a child under the family-based preference categories in light of USCIS processing delays. Subsection (2) describes the types of petition covered, ensuring beneficiaries, whether principal or derivative, are treated as a child under 21. Subsection (3) is another useful provision so that if the calculation of a beneficiary renders them over 21, they can retain the priority date of the original petition.

    Problems

    The language of this provision has rendered the provision open to ambiguity. Specifically, subsection (3) states the �alien�s petition shall be automatically be converted to the appropriate category and the alien shall retain the original priority date issued upon receipt of the original petition.� The problem is in relation to a derivative beneficiary (which is covered by this subsection) and is twofold. First, by its nature of being a derivative, a derivative beneficiary does not have an original application to speak of. Only the parent has a petition, which has caused the ambiguity. A Board of Immigration (BIA) decision did provide a common sense interpretation (Garcia, Maria T, File A79-001-587, June 16, 2006), but this is not binding on the USCIS and we know first hand that the USCIS has not consistently interpreted the provision in accordance with the BIA decision. Second, although the above mentioned BIA decision clarifies the provision also applies to F4 derivative beneficiaries, these petitions do not automatically convert. An F4 derivative beneficiary who ages still must wait for their Parent to file a new I-130 form, which is inconsistent with the language of the provision.

    Another problem is if the new proposed points system is implemented, any person who ages out will no longer have a direct basis for immigration. Instead they would have to qualify under a points system, which is not guaranteed. This new system would make the above provisions redundant.

    Solutions



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  • jamesbond007
    09-09 01:44 PM
    Gapala made some very good analysis in his posts on this thread.

    But......
    Looking at the country's GDP to analyze the price of land in a few cities does not make sense. The growth in land value is not across the length and breadth of the country. It is only limited to the big cities which are experiencing the money rush.
    NRI's from the US are only one piece of the puzzle who are funneling in money to India.
    There are NRIs from other countries.
    Then there are business people making big profits dealing with other countries.
    And local business people who have a lot of black money. All of them together are keeping up the prices.

    There also seems to be a change in the thinking of the Indian middle class. Most of our parents' generations were in the habit of saving up money and making purchases with the saved money.(These were savings in a bank account mind you; not investments that grew at a rate better than the inflation.)
    The current middle class seems to realize that trying to save money in a bank in order to buy something is foolish since the paper money is losing its value over time. So they are either investing; or making purchases with borrowed money as long as they can make the EMI payments. Overall, the current middle class is not backing out of buying what they need for lack of money. (This trend will probably lead India in the same path as the US i.e. huge debt for everyone)

    Regarding the question "why would a farmer sit on land valued at $100K, while only making about $1K by farming that land?" Its only a matter of time before they realize their fool hardiness and then they will sell. Pretty soon when the construction begins in their neighbourhood, and prices of all commodities go up so much that they can't live in their $1K income, then they will be forced to sell. Or they might get the wind of a "someone they know" who sold, and they will follow their example.

    Strictly speaking about Hyderabad, there are a lot of farmers who cashed out their lands in the city outskirts. Smart ones then moved out further away from the city and bought more land there to continue their farming. Others are spending their windfall on jewellery, cars and other bling.

    All that being said, it is still scary to me.
    In my opinion, anyone looking to make a quick buck should not get into it at this time.
    If you want to buy because you want to go back and settle there in a couple of years, then that is different.

    [quote] to add to the conversation on the price -> locals are also experiencing a glut of money due to the economic boom in the last 5 years or so. Small businesses have really taken off in a big way exporting to Europe/ US. Investors in the stock market have also hit the jackpot. And, once you have money, for most Indians the safest option to invest is in property or gold.

    Also better salaries all around fueled by attrition of talent to the IT sector. [quote]

    This may be correct to certain extent but only the elite class and creamy layer of 1.8% of total population. When we look at the bigger picture of the country, I could not connect the dots. GDP is just above $2500 and PPP is about $3300. How in the world will you justify $200,000 to $300,000. Plus the cost of financing the purchase.

    In simple terms, median home price is 100 times the GDP and life expectancy in india is 70 years. average work life span is 40 years. Home Mortgages are 15, 20 or 25 years in India which will cover only 1/4th of the median price of a home based on even anticipated high GDP growth and considering moderate increase in cost of living. Given that the risk of default is huge and banks are running at very high risk. I believe buying a house is a big gamble in India and more to that for Banks, lending is also a big gamble.

    Note that according to banks, investment in apartments capitalize only over 25 years in india. (Rent vs. Own) Is this correct? Average rentals in ONLY Big cities are Rs. 12000 ($275 / month $3300 a year) to 15000 ($340 / month $4000 a year) for the same 1000 sqft 2 bedroom apartments which itself is above the GDP :). What that tells me, even the rentals are also not affordable to majority of the population. Back to captalization part 4000 * 25 = 100,000. which is half of the investment... add the alternate investment value for 25 years, capitalization will be way below 50%.
    That means it will take more than 50 years to capatilize the investment. This is more that Mod average work life span of 40 years. Note that Maintenance and Taxes for 25 years excluded in above calc. Are banks stupid?

    I do not know what to tell ya man! To me its really scary

    A small credit crunch (crisis is not required) might bring the entire economy to floor.

    fine print: (Above analysis applies only for working taxpaying people like us who does not have unaccounted money.)




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  • hpandey
    03-04 01:41 PM
    I am on H1 and AOS and I refinanced my house at 5% . There were no issues and no questions. Just all the usual documents - W2 , paystubs etc etc . It was with a local bank too and not with any high profile institution.



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  • Milind123
    09-12 11:18 AM
    Thankyou satyachowdary and sameold.
    All, please remember my intention is to motivate the people who never contributed and who start
    a $50 monthly contribution at least for six months. Also don't forget to PM me when you
    start your monthly contibution.

    Anyway good start. satyachowdary and sameold please consider monthly contributions.


    Here are my details

    Order Details - Sep 12, 2007 11:34 AM EDT
    Google Order #365470411117583

    Sorry forgot to mention the amount of $100.




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  • Green.Tech
    06-20 11:20 PM
    Wake up people...



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  • Suva
    08-07 10:11 AM
    You are absolutely right...


    I think we need to emphasize the fact that typically guys who got stuck in BEC for many years are the same guys being effected again, as they just got out of BEC queue and filled concurently and now basically are stuck again, it is really ridiculous experience for this group of applicants, where as people who have applied in PERM or those who were able to get LC certified without getting into BEC have gone through the whole process relatively smoothly....

    My 2 cents, based on my experience.




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  • jsb
    09-10 08:55 AM
    The greatness of USCIS is unbelievable!!!!!

    When the dates move ahead, to say 2006, the 485s that get approved the most are for people whose PDs are in 2006. The 2004-2005 folks just have to keep starring!!! Then all of a sudden dates fall back to 2003...now only god knows who is yet to be approved in EB2-India before April 2003.

    So what it seems like is when the dates move ahead drastically all the people who most recently applied will get approved and for the people who are stuck in backlog will see approvals only if the dates stick around their dates for atleast over a year....until then USCIS doesn't even realize that oh these people are still in queue and we need to approve them!!!

    Such a BS to deal with all because of USCIS' GRACE!!!!

    Question is, can something be done about it? - USCIS not following any order !!



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  • inskrish
    08-11 07:34 PM
    I am July 2nd filer, Got finger print notice from NSC with notice dated 8/7.


    Congrats!




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  • Green.Tech
    06-05 09:54 AM
    ...on top!



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  • orangutan
    08-17 04:40 PM
    GC Life screwed me badly, couldn't file in EB2 2 times even though eligible because of a couple of idiots, only action item I can think for myself is re file in EB-2 which I am doing it very soon and have an appointment wirh Mr.Khanna tomorrow.




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  • texcan
    09-10 10:22 PM
    Contributers,

    Thanks for your contributions. We need more people like you.

    lets push contribution drive to other threads.

    To me its simple, anyone who cant come to rally can
    dig a little deeper in pockets for contributions.

    Great work IV. Keep doing the good work.



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  • kvrr
    07-19 11:57 AM
    Secure $50 Per Month Recurring Contribution
    $50.00 USD for each month
    Effective Date: Jul. 19, 2007 $50.00 USD




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  • singhsa3
    09-11 04:53 PM
    I just got red dot from someone. My freind why not you reveal yourself . I am just suggesting some ideas, if you don't like it please have courage to discuss in open.




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  • gcsim
    02-25 05:30 PM
    Why do you think there are not many cases in 2005?

    Yes pls can u explain that.




    unseenguy
    02-13 10:40 PM
    So Mr Nathan, email me when you have contributed more than $500




    NNReddy
    04-11 11:29 PM
    Can someone on EAD start a S-Corp or LLC? IF SO WHICH ONE IS BETTER S-CORP OR LLC? PLEASE ADVISE



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