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  • neil.0505
    08-07 11:53 AM
    Details:

    *Company A has filled for my H1B Cancellation on June 20 but have visa stamped (valid till 2010).
    * Company B has filed for my H1B Transfer.(Have upgraded to Premium processing)
    * Have to enter canada on/before 4th Sept to validate canadian PR (will have to go to canada only for few days).

    Q: Can I re-enter in the US from on a VISA(Valid till 2010) from company A + Approved I-797 from company B?


    Your help will be appreciated!

    Thanks
    Neil





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  • dealsnet
    09-03 11:37 PM
    We cannot judge when some one who is no more. No court will punish any one after death. If he is bad, he will face the final JUDGEMENT with every one.

    dealsnet,

    You picking on CHANDUV23 is unwarranted. You lack debating skills. Do you have a argument to make against "unprecedented political killings, govt and personal land grabbing, corruption, and opportunistic politics of YSR" ?





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  • looivy
    03-27 02:35 PM
    Your party has to win first before you can become a PM. Right???
    How do you know that any of these guys will be a PM before their party wins. This is not Indian PM Idol.





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  • kanakabyraju
    08-17 12:32 PM
    Who cares about farmers. As per British, Indians are dogs and deep inside we are still dogs. We just bark at nothing. Otherwise this thread would have not started.

    thanks
    Kanaka


    Let's look at the following news items

    "If Pepsi is banned in India, I would go to the US and drink it� - SRK in 2006. This shows that SRK is nothing but a money minded freak who'll do anything for big bucks.

    "SRK was cleared in 66 minutes, say US officials". This shows the true picture of the incident and whatever happened was routine and nothing was intended to single out SRK.

    "I was questioned for two hours"- SRK. This shows the dishonesty and exaggeration of the incident, which the actor feels has hurt his ego. It's like "Mommy! US has pinched me OOOOO"

    "I don't feel like stepping on American soil any more, but it is the love and affection of millions of his fans in the US which would bring him to this country again and again." - SRK. It's like "I don't feel like eating Ice-cream anymore. But since you all fans want me to eat it, I'm gonna eat it again and again"

    "Cabinet minister suggested a "tit-for-tat" policy toward Americans traveling to India". This shows that we don't have any brains of our own and a "tit-for-tat" policy is intended more as a revenge rather than a matter of national security.

    "Angry fans in the northern city of Allahabad shouted anti-U.S. slogans and burned an American flag." This shows the ignorance, illiteracy and hero worship that's rampant in India.

    "India to take SRK detention issue strongly with US ". This shows that the govt. of India has got no better things to do, but feels that VIP treatment to movie stars is more important than nation's security. Moreover SRK visit to US was purely personal to promote his film and has got nothing to do with govt. of India.

    "21 farmers end lives in 40 days in Andhra". Is anyone looking into this? Helooooo.



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  • Googler
    02-15 10:28 PM
    My friend, I'm not trying to fight you. All I am saying that you cannot file a class action against USCIS because they have not done anything wrong. They are just following the law.

    If you really want to have this change, it is the US congress that you can deal with.

    As I've said, I work for a law firm.

    Why don't ask your immigration lawyer first regarding the "class action" you are talking about.

    (1) There was no shortage of laypeople and even attorneys who asserted that "USCIS isn't doing anything wrong they are just following the law" when it came to FBI name checks. Fortunately for all of us sharper legal brains and sharper judges prevailed, and brought us to this happy day.

    (2) On Class Actions: Villamonte, have you read the Mocanu decision (http://www.bibdaily.com/pdfs/Mocanu%202-8-08%20LEXIS.pdf)? If not I encourage you to do so -- that was just individual cases being consolidated, but the situation is not very different -- you should pay particular attention to the part where Judge Baylson recommends a multi-district class action litigation to deal with all the other name check cases (see p. 16, para numbered 6).

    The parallels between the those cases and the one being proposed are very strong.

    Judge Baylson is not the only judge who has recommended a class action approach to these issues. IV members should also be aware that all we need are a few named plaintiffs, it isn't as though every IV member or even everyone wanting to sue needs to be a named plaintiff. All the judge needs to recognize is that there is a large group of applicants with same or similar grounds for suing USCIS/Emilio Gonzalez. Edit to add: IV the organization doesn't even need to be the primary plaintiff, since that will necessarily cutoff any parallel discussion with the agencies. The IV forums are just a place to organize this.

    (3) Preliminary Ideas on the Grounds for Suing (courtesy lazycis):
    The grounds for suing USCIS is the same as in Gonzalez v Howerton -- (a) interpreting the law incorrectly (b) not following the statutory requirement that they use up all the greencards available in a given year and therefore being guilty of affirmative misconduct. At the very least, a judge is within his rights to make them make amends -- by recapturing 2003-2004 EB greencards, since they wasted them as a result of their affirmative misconduct -- they waited for name checks or simply not processing applications - no one can say there wasn't an application backlog in 2003-2004.

    (4) First Steps
    What we need here is to get this matter before a good legal strategist who is familiar with (a) the two sources of affirmative misconduct (FBI name checks and cessation of processing in 2003-2004) (b) precedents and caselaw (note that most immigration law firms are good with filing paperwork, but not necessarily complex litigation, so forget about the usual suspects.) The perfect legal argument will not sprout up immediately. In the same way that the legal arguments in the name check cases were honed over time (lazycis can confirm this), this too will need some serious research and thinking.

    Those of you who want everything about this case sorted out, signed, sealed, guaranteed and delivered this week will need a reality check. :)

    As will those of you who think that the way to approach this is to discuss these issues without familiarizing yourself with facts and legal precedents in some detail (so arguments about slavery etc are not the ones that will win the day in court, it is arguments that can show that USCIS was not interpreting the law correctly and in doing so caused harm and that the harm can be remedied through recapture.) -- if you want to see how a case like this will work read Mocanu and Galvez. This case will not be a dramatic movie-style civil rights case about slavery, it will involve the most tedious sort of nitty gritty discussion of admin misconduct.

    OTOH, for most of us, all we've got is time -- I do not foresee my Jan 2003 EB-2 India PD becoming current any time soon. I'm prepared for a long legal battle. I'd rather do something constructive** that will likely change the process than sit and wait and mope.


    **: Yes, I've sent off my letters too. I think of these two things as complementary projects.





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  • pani_6
    06-27 03:47 PM
    So with Oct 07...new year starts for the Visa gain...so will the dates starting moving forward by Nov07



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  • greatguy
    01-24 10:07 AM
    I think, it is too light a sentence for the crook





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  • ragz4u
    02-06 02:07 PM
    I dont think that you HAVE TO file I-140 within 60 days after labor is approved.

    --logiclife.

    I had read when this was proposed last time that if this is implemented, the employer will have 45 days from the date of labor approval to file for the I-140. What this prevents is sale of labors (illegaly obviously). A lot of labors from 2001/2002 were on sale till sometime ago (2005) on Sulekha. If/When this law is implemented, buying a labor will get you ahead of the queue by a max of 45 days instead of the 3/4 years today.



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  • JunRN
    02-12 07:14 PM
    We are all expecting that the VB will go back to June 2007 figure...it looks like that RoW has been so fast in getting the latest PD back which could come in a very few months time.

    I was not expecting this to come too soon but in June 2008.





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  • needhelp!
    09-23 02:32 PM
    Please send the email one-by-one instead of a single mass email.



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  • advad
    07-16 01:49 AM
    Hi there,

    Here is my situation, any help to resolve this is appreciated.
    - My self (primary) & my wife's(derivative) I-485's (PD June 2002) were filed in March 2007.
    - My I-485 was approved in July 2007, my wife's was pending due to NC.
    - My wife's employer filed PERM (PD June 2007) & then filed I-140 in March 2008.
    - We recently contacted NSC regarding my wife's case status, we received a letter from them stating that, her I485 is waiting for I-140 to get approved.

    They linked her new I-140 to her pending I-485 that was filed as derivative.Is this USCIS error?.How to correct this error and have them consider her I-485 application as a derivative application?.

    Thanks for your help.

    [COLOR="Blue"]Your attorney should get in touch with the USCIS.This situation can be sorted out with informing the USCIS. In case you require any assistance please get in touch with me.

    Thanks for your response.My attorney sent a letter explaining the situation along with relevant documents.How long does it take to get updated?.It's been 3 week s and i still don't see any updates to the case.
    How can i get your contact info?.

    Thanks





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  • sbvw76
    09-23 09:57 PM
    Seems to be a fair idea even though I don't qualify. I did a dumbest thing of buying house in 2006 even before apply for the Green card ( though I submitted all required documents in 2004, my corporate company filed only in 2006 waiting for PERM process to stabilize).

    I'm still hanging on my house though it lost 27% value with no GC or not even approved 140 ...



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  • jayleno
    07-21 06:17 PM
    I'm enjoying this thread more than I enjoyed the predictions one. I'm imagining a qucikstar star reading this thread and smiling to myself. My wife thinks I'm reading a joke on the internet.

    Keep them coming guys.





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  • snathan
    08-17 01:14 PM
    It happens everywhere. Politicans bank on these stars - stars get along well with businessmen, politicians fight and then kiss each other. Stars marry, divorce, remarry - and the list goes on.

    Come on, it happens everywhere, not only in India. How many times do you not see 80 year old rich businessman marrying 26 year old beautiful model?

    Look at how the bailout money has gone to those people who screwwed the economy.

    The reason you think India has issues that other countries do not have is because you are still not stepping out of your Indian shoes.

    Go out with your American friends for a drink and discuss these issues - for every issue you discuss - you will get a parallel American counter issue that is similar in nature.

    There is nothing called "absolute" in this world and you will realise it now or later. Live in a country side with a constant income and you will find life peaceful because you are not bothered by what is happening.

    Or try helping people - and do social service - you will realise that it is a dangerous and thankless job.

    Democracy is "not exactly" how it sounds. Unfortunately, life is not fair to anyone and one has to live in within his/her means.

    Crying foul over all such stuff will not bring changes. Working within parameters to bring about changes is "unfortunately" the only way how changes have come to the "Mother Earth"

    snathan - you are a very strong vocal person and have great thoughts. You must utilize your "good hearted nature" not to point fingers but to see how best you can utilize and grab opportunities for betterment.

    There are worse things happening in places like congo and African countries, small girls being raped , civil wars , and so many things.

    Diseases are spreading, sanitation is bad, farmers are facing drought - so many things happening. Lets not blame SOME PEOPLE for all this. it is us collectovely who can bring about change.

    Do you mean to say if one american actor/actress is frisked away at Mumbai or delhi airport, americans will go to street and burn the indian flag..? GOA will go after the indian security and customs...? I am not blaming anything about SRK. I am blaming common man, GOI....most importantly the OP who started the thread for SRK....well this is my last post here and I dont want to waste my time on a useless issue.



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  • old_hat
    05-02 11:08 PM
    I am watching this thread last 36 hours, this is not media to discuss political issues, we are here to educate/lobby so called law makers of this country for our immigration issues.

    STILL BEING TAMILIAN, I HAVE RIGHTS TO SAY MY THOUGHTS


    Tamils in SL is not Indian citizen but they migrated long back still have culture,family relation in India. Rajive got assassinated because he is trying to implement unpopular/unacceptable foreign policy in SL simply by trusting his popularity (he deserved for his mistake) One Sikh killed Indira but we accept another Sikh as our PM. It is Indian gov. lobbied efforts to ban LTTE by western country. they are well organized, disciplined and high tech group. some people raise another issue, they recruited young children to fight, we all are talking so called democartic India, still encouraging child labor every where in India. Srilanka Government boldy refusing all western country pressure, even United Nation (UN, this is pice of shit in the trash) unable to convience SL gov. because it is backed by Indian gov. or you may called Sonia gov.


    Bottom line is Sonia is taking revenge on Tamils by supporting SL gov., after all she is from the country that killed Jesus.

    We already denounced India, I am carrying Indian passport with shame.


    What a massacre of history! LTTE has killed anyone who has opposed them. They killed Tamils who joined the govt. They killed Tamils who opposed them. they killed Sri Lankan Tamils, they killed Indian Tamils. They have believed in terror at every point of history. It is a terrorist organisation. I believe a lot of Tamils got killed ar Sriperambudar in the rally Rajiv was killed. Sonia on her part appealed for clemency to one of the accused who was sentenced to be hanged because she had a small child. Your passion and facts are getting mixed up here.





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  • vdesi
    01-05 02:05 PM
    According to this all H1B's who want to buy a house ? can invest $40,000 should be given a GC out of turn.... Wow!
    What about people waiting in line patiently for five plus years, (labor, I140 and I485)?
    The line for those waiting patiently will not decrease, only people on bench for months willing to get GC at any cost will benefit.



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  • alisa
    02-13 01:44 PM
    Are you suggesting that IV's efforts would increase the wait times for ROW?
    What incentive does ROW have to work with IV then?

    It has been repeated 'Ad Nauseam' times. IVs agenda includes all of these -

    1) Increasing GC numbers
    2) Recapturing numbers and instituting permanent Rollover mechanisms
    3) Eliminate country quotas.

    IV understands that removing just the country quota will impact ROW badly if visa numbers are not increased in tandem. Hence you always see the three points being proposed together. These 3 have to go together. A compromise between ROW and oversubscribed countries.

    But some ROW members keep trying to split the movement by opposing removal of country quotas ( which is point 2 in IV agenda) at every possible opportunity. Real way to build a coalition is through compromise. And in a compromise you can't get all you want. Don't expect the majority to heed all your demands.

    Be a little appreciative of the sufferings of others. If you think a little extra time you need to spend in the queue is turning you so angry, what goes in the mind of a person who has to spend twice or thrice as much time in the same queue, for no fault of his/hers?

    Don't BS on 'diversity'. There is already a 'diversity visa' which Indians & Chinese cannot use. Want to come under diversity? Apply in the lottery. Be a little humane and think about the suffering of others. May be you'll see the light. You are not going to win many friends by alleging "an agenda by some country". It's preposturous, laughable and Dobbsian ( like Lou Dobbs alleged "invasion by Mexicans")





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  • sumagiri
    09-28 11:04 AM
    I don't think in any year EB2ROW has got 40K GC in the past, even when the economy was in good shape.

    Does anyone has links for the annual GC issuance per country/per category for 2008. I missed the link.

    The worst case scenario would be 20,000 max. That means EB2(I) will move to Mid or3 rd quarter of 2006 by end of 2010.

    Sachug22, that is very good info. Thanks for posting this and giving you green.

    A minor correction though.
    I read some where that the avg PERM time is now 9 months. Also, we know that the average time for GC processing (getting receipts, appointment for finger prints, name check etc) is about 3 months. And then sure there is time lag for any one between PERM and I-140/I-485. So we should exclude the PERMS filed in last quarter because by the time, those are eligible for AOS adjudication, most probably they fall in to yr 2011.





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  • thomachan72
    03-27 03:11 PM
    people went to see another guy taking oath too, who caused recent genocide in Iraq.. Indian PMs are way better than that asshole. Atleast they are only corrupt and dont cause genocide.

    :mad:

    are you sure?? or did you mean that they did not have the means to make that much damage??? US could afford Bush because, see what is happening now... an almost perfect young and highly motivated guy is cleaning up the mess. but that is not the case in india. each one leaves the office with more mess.





    bestia
    02-14 01:43 PM
    Bestia,

    I am not fighting with you believe it or not - just that some things said on this forum are just downright nasty. FYI though.. the Congo WAS colonized and terrorized by the Europeans. Hear of the Belgian Congo?? I don't know about Sierra Leone though.

    "Nasty" - might be just person's opinion. We don't have right to GC, but we have right to nasty opinions. I used to live in Maryland and was so tired of being careful when using words starting with "black*", "Afro*", "slave*", etc. Everything was always tended to be interpreted as implication, that someone is inferior to someone, etc. etc. The only solution was just to keep my mouth shut. And this is in country which is so proud of "free speech".

    OK, I stand corrected, maybe not "colonized", but "settled" (still it's a wrong term - "immigrated"? Natives didn't have any immigration laws, though, so Europeans didn't brake any law). Europeans came here to build cities and live here. Congo was colonized for trading (robbing if you wish) purposes, slave trade, etc. That's the key difference.

    But we are far from ROW/India+China debate :) I'm from ROW and it's my 8th year in the US, and all these years I'm "enjoying" not having any quota.





    breddy2000
    07-25 02:17 PM
    They can waste numbers and come up with excuses. But because of criticism from Ombudsman, Congress, etc it looks like they are trying to shape up. They can adjudicate 30 k petitions are more in 2 months if they are committed to. We could get an idea, if there is a deluge of approvals in the first half of August.

    Do you guys remember how many visas USCIS processed within the Last few days of June 2007 ( I remember it was around 20k) just to make sure they exhaust the Visa numbers and rollback the Visa Bulletin?

    If it's possible for them to complete as many applications within a short span of time,it means they are capable of processing the applications faster...

    Now due to more hiring they might process all the available visas by the end of the year.

    Not that I'm having hopes of me getting 485 approved based on my PD, but just to put things in perspective....

    We'll see once we hit Aug 1st......



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