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  • Openarms
    07-17 10:12 AM
    Dear Attorney,

    I am from India and working as a Software Programmer / Analyst in a decent company and I am using AC21 with this company...and my Green Card journey started September 2002.

    Labor applied (EB3) - September 2002
    Labor approved - July 2003
    I-140 / I-485 applied - December 2003
    I_140 approved - August 2004 after responding to an RFE
    Two times finger prints done and name check is done.
    RFE about sons birth certificate -- responded last year.


    But still the way things are going with Visa numbers and seems no light at the end of the tunnel. I am decided to change EB3 to EB2.

    What would you suggest?

    Where can I find the process for this switch (EB3 to EB2) ??

    Is there any benefit switching from AOS to Consular Process?

    Thanks and appreciate your response.





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  • belmontboy
    08-15 04:17 PM
    Welcome to our troubles Mr SRK.

    Nobody cared for hapless NRI's all these days.
    One fine day, Mr SRK gets the treatment, and suddenly everybody starts jumping.

    Nice to see every Brown skinned being treated the same way.





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  • conchshell
    06-14 12:43 PM
    Dilip,

    There are no excuses. You are closing the doors behind and trying to forget the path you came through.

    Protectionalism comes from the mere thinking that, some deserve a better and easier life just because they happen to be "born" at some place, or because they happen to be there "earlier", and don't want to be threatened by smarter / hardworking humanity.

    Great thoughts. At least there are some on this alias who can think different from all others who are trying to stand on high pseudo moral values, when the basis of their standing up is nothing else but only and only their own self interest.

    Have you ever thought about the millions and millions of Bangladeshi immigrants who jump Indian border's to find a job and to feed their families. How many of us apply the same moral values to immigration policies in India. Or does it ever bother you to support India student's suffering in Australia.

    So only if you have clarity of thoughts on all these issues, and you support immigration no matter what country you talk about, you have a right to complain about the US immigration policies. Otherwise, tomorrow when domestic market surge in India, you will be the first one, complaining about a low cost engineer coming out from a Nepal or Bangaladesh university.





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  • lahiribaba
    06-12 09:56 AM
    Dude, Read Vivek Wadhwas findings carefully. He wants the best and the brightest to be provided unlimited visas. I agree with him completely. He is not for perpetual fraud and wage destruction as proferred by the outsourcing companies. Next time when you quote a defence, atleast quote something that supports your case not the opponent's :-)

    You all can scream and shout all you want but

    NOTHING IS GONNA STOP THE OFFSHORE OUTSOURCING TRAIN THATS ROLLING ROLLING ROLLING>>>>>>>>>

    BECAUSE.>>>>>>>>>

    OF THE SHEER SIZE OF INDIA'S POPULATION.....

    10 YEARS FROM NOW IF YOU ARE IN IT YOUR BOSS WILL BE SITTING IN INDIA



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  • kondur_007
    01-13 08:45 PM
    This indeed is a very bad news. It looks to me that someone is frying a bigger fish here...

    If antis target the areas of immigration that are no "well defined" so far (H1b rules is one example, another could be AC21 same or similar job and yet another could be "permanent job" after greencard), it could create a lot of problems and may even practically shut down all legal immigration.

    This will only increat outsourcing and actually hurt US economy and jobs...too bad that "blinded" politicians do not recognize this.





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  • ujjwal_p
    05-11 09:07 PM
    For me it is personal, my kith and kin are getting killed (talking about innocent civilians and not the LTTE) in Sri Lanka and India is actively supporting the Govt of Sri Lanka with weapons and other things,

    Get your facts right first. India is not actively supporting Sri Lanka. It would be suicidal for India (especially considering nutcases like you that exist) to even think of that again. Sri Lanka is using Israeli UAV's and Chinese fighter aircraft and artillery to fight the LTTE. In fact, India is at a strategic disadvantage now because we choose not to help Sri Lanka militarily. And in fact, Sri Lanka has always suspected India of supporting the LTTE. Read about the "string of pearls" geopolitical strategy of China before letting your emotions run crazy.



    India can leverage its power to stop Sri Lanka to fight until Tamil civilians are cleared from the war zone but deliberately India is not doing that.


    India rightfully doesn't care about the LTTE. LTTE is a terrorist organization. Period. They killed a former Prime Minister and it doesn't matter if you support the Congress party or the BJP. This is beyond politics and concerns the nation. The primary humanitarian issue in the conflict so far has been with Mullattivu. As soon as that stage started, Shiv Shankar Menon, the Indian Foreign Secretary went and conveyed India's concerns to the President and other higher officials in Colombo. You tell me what India should do. Should we send the IPKF again maybe? Let's get realistic.


    I abide by the constitution of India but at the same time I cannot be silent when the country leadership is pursuing a wrong policy, that I wouldn't have protested if India never involved in the issue ever but India used to be actively involved in the issue and has stake in it.

    Fine, I don't agree with my government all the time. But I don't say I'm ashamed of my country like you did. In this situation, India does not have any control unless we want to go to war with Lanka. And the LTTE is a terrorist organization declared by the USA. So now genius you tell me,what should we have done.


    In my case, I came here to study and got an opportunity to work and decided that US is the best place for my career and applied for GC, eventually I might apply for citizenship but with this issue I have another strong reason to pursue my GC.

    Awesome. Good for you. India won't miss you either. And I can tell you right now, you are the kind of a person who will not have any loyalties anywhere but to a very small narrow race or culture. You do not understand the definition of a pluarlistic democracy and will never assimilate anywhere. The day the US says something about the Lankan conflict or any other conflict which you disagree with you'll bolt to Canada. I guarantee that. It doesn't matter to me what you do but don't go around misleading people here by casting aspersions on what India or for that matter any country can do in a complex geopolitical situation. You don't know half of it and you better grow up and admit it.


    Just for argument sake, If one believes that their country of birth is pursuing a wrong policy, they can choose to move to a different country rather than living there and blaming it at every opportunity . What is wrong with it?

    History is full of so many examples


    Jews from Nazi Germany
    Oppressed from communist soviet union
    Cubans from Fidel Castro regime
    Sikhs from India
    and so on and so forth


    If you or some one is curious, just to introduce me. I'm member of IV from Feb 2006, I participated in all the IV initiatives, besides check my entire forum history to see any where i had showed dissent towards India or for that matter any thing desperate except for free riders in the forum. This is issue is personal to me and I have strong opinion on this.



    FYI, I am not Tamilian but I have lived in Tamil Nadu for more than 10 years and can speak it fluently. Needless to say, I have a lot of Tamilian friends and know the culture. I understand the suffering that the Sri Lankan tamils are going through, especially in the Mullattivu region. But we have to understand this is a war which has been going on for decades now. What do you expect to happen in a war? Rave parties?

    Anyway hopefully, this will mark the end of the sufferring of both Sri Lankan Tamils and Sinhalese from now on. Both sides in that country have gone through enough already.

    Also I give a rats a** how long you've been in IV. It's your attitude and narrow minded selfishness which tell the whole story for everybody to see.



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  • vdlrao
    07-21 02:26 PM
    http://www.dhs.gov/xlibrary/assets/s...PR_FR_2007.pdf

    Link for U.S Legal Permanent Residents from 2005 to 2007.





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  • TeddyKoochu
    09-17 03:23 PM
    I wish the statement is true.

    I think your friends cousin got the card by mistake, that does not mean that it will see a significant moment for EB3 I. The only possibility is if USICIS wants to recapture the unused visa numbers over a period of time, then EB2 I, EB3 I all move together.

    Arun thanks for sharing the news & congrats to your cousins friend, may well be one of the cases of successfully porting PD.



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  • gc_chahiye
    06-28 07:41 PM
    I suggest that you do this: Send the URL from AILA's memo about what happened to EB3-other worker category in June. And copy your HR and senior folks of your company when you email lawyer. That will tend to focus the attention of your lawfirm and they will either have to say "We will file asap" or they will have to say "AILA's memo doesnt mean anything".

    I bet they will come back with the former conclusion.

    Apparently, these lawyers have been too conditioned to work 30 hours per week and now, having to work 60 hours per week is too tough. NEWSFLASH LAWYERS : We idiots in IT and software very often work long hours to meet project deadlines. Its a part of life. Get used to it or like I said before, find something else to do. Like basket weaving or poetry writing so that you dont have to see deadlines and dont have to burn midnight oil.

    This deadline is meaningless for them. We are not going anywhere. If dates retrogress, then we'll simply come back to them after 2 years or whatever.

    Unless the senior folks in your HR department specifically ask them to file asap, they wont.





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  • ss_col
    08-12 04:35 PM
    I filed 2 140's:

    1. 140 and 485 concurrently at the TSC on Aug 6th 2007 based on the EB2, India, May 06 labor . This 140 is not approved.

    2. Filed second 140 based on Mar 05 labor on Dec 14th 2007 at TSC- EB2, India. Both are with the same company. This got approved on Aug 8th, 08.

    How do I link the approved 140 to my 485? Do I need to fill in any form or do I need to talk to TSC or send them letter with approved 140 and 485 copy.

    Would appreciate inputs.



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  • user1205
    02-15 04:46 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.



    The reason we have greater supply of workforce in IT from one specific country is not because of skills or talents. Almost every IT workers from ROW and China came to the US as a foreign student after TOEFL, GMAT, GRE, internship and only then landed a job in IT. Whereas the preponderence of IT workers from India came here through L1/B1/H1 sponsorship through bodyshops. Attending school, preparing for generalized tests requires time, money and patience. This is one big factor why the supply curve is skewed.





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  • Amma
    05-12 01:01 AM
    Friends,

    The ongoing war between Srilanka and LTTE has grand Indian design and help to Srilanka.
    To defeat the so called terrorist organisation LTTE, the whole world is helping Srilanka.
    Sonia Gandhi want to avenge the death of her husband.She won't mind killing of thousands of innocent civilians to satisfy her loss in her family. The able primeminister Manmohan singh also became and acting like dumb puppet in this issue.The so called world tamil leader Karunanidhi also joining with Sonia and ditching srilankan tamils.

    Two sikhs killed our primeminister Indira. Did we start killing sikhs enmass like the slaughtering of innocent civilians in Srilanka ?.Instead we made Manmohansingh as our primeminister and we are proud of him. That is the real Indian spirit.

    LTTE is the creation due to discrimination of Srilankan's Singala only policy.Srilankan tamils fight for their just right in non-violent way initially.When that non-violence activities were crushed by Srilankan government , the disillusioned tamil youths took arms.

    Though LTTE did many atrocities, the Srilankan government is not Buddha. They killed many, raped many and encroached the traditional tamil lands.

    Even if the present war won by Srilanka government, that country is not going to have peace. Even if Prabakaran and LTTE perished in this war , there will be more Prabakarans will emerge. The seeds are being sown by srilankan government atrocities.

    Nelson Mandela was once declared as terrorist by US government.Bagatsingh declared as terrorist by the British.

    Time only will tell who is a terrorist and who is a freedom fighter.

    Proud to be an Indian but ashamed by senseless acts of Sonia and company.



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  • sachug22
    10-07 05:10 PM
    Sachug, it is a great attempt to compare the quarterly and annual spill overs. I made rough calculations couple of weeks ago with annual spill over. However, I assumed around 25K ROW visas(both pending and new) for EB2. And assumed only aroudn 125K for AOS keeping 15K for CP. I will compile all of my assumptions and post here. Overall, my calcs estimated EB2 move to Dec 2006. By the way, I hope you took China in to consideration for spill over.

    My numbers

    EB1 all - 17K
    EB2 ROW - 22K
    EB2-I 30K
    EB2-C 9K
    EB3 all - 40K
    EB4 all - 7K
    EB5 all - 7K

    CP - 8K

    I am assuming zero spill over from family category and lower CP numbers (no retrogress country applicant will wait for CP and new applications are low)





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  • mrajatish
    07-11 06:07 PM
    I know people who got their GC in 7 months from the date they filed PERM. and then there are many people getting GCs every month. There are both good stories and bad stories to tell about getting GC in US.

    There were times when H1 quota never reached the limit during the whole fiscal year, now they get used in just 2 days. This mess in GC process is a result mainly due to our own actions (temporary workers and consulting companies hiring temporary workers). Do you think majority of us once we get GC, stay with the consulting company that filed for our GC? When a consulting company files for PERM, they already have a foreign national working under H-1B in that position. So where is the real intent to hire an American when some foreigner is already working at that position?

    This employment based GC is a way for us foreigners to immigrate to US easily at one point. Now due to our extreme usage and abuse of this process, there are genuine people who are being sponsored to immigrate to US are also suffering. In a true employment GC scenario, the company should be desperate to keep you for a long time (more than 6 years after H-1B is maxed) for your valuable skills that they were unable to find in others. But in most GC cases, looks like we temporary workers are more desperate than our employers for the GC? aren't we? Do you see any companies sweating on how to retain you with them, because you H-1B is expiring and they have no way to keep you?

    Do not put all the blame on US immigration system, the majority of the blame should fall on us and the companies who are helping us to get GCs when our cases are not based on genuine sponsors.
    Do you see any companies sweating on how to retain you with them, because you H-1B is expiring and they have no way to keep you?

    This was true in my case at least - my compay worked hard to keep me around when my H1 was expiring.



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  • chintanop
    07-03 04:21 PM
    Hi all,

    Regarding the recent goofup by USCIS, please rate this story

    http://digg.com/politics/No_July_4th_Celebrations_for_Highly_Skilled_Future _Americans/who

    if this receives more than 100 users rating for the story in next 5-10 hours - it would be displayed on the first page. Digg.com is read by hundreds of thousands of web users and there is high chance of getting picked by main stream media.

    Note that you ll have to signup as digg.com member to rate it - it ll just take 30 secs of your time.

    Sorry I wasn't able to submit the official IV prlog.com url since it is not accepted by Digg.

    thanks.





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  • venetian
    05-11 06:33 PM
    Illusions,

    If BBC, AFP, AP & Reuters are considered a reliable source of information, then what is happening in Sri Lanka is genocide.

    venetian, you could say that the Tamils in SL were just as a much discriminated in SL as the Muslims in India.

    There is no such Genocide happening in SL as some claim. As a matter of fact the LTTE ethnically cleansed the Muslims from the NE of the country in the 90's, yet the Muslims in SL didn't bare arms against the LTTE.

    Mind you the civil war in SL is against the LTTE, not the Tamils.



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  • DSLStart
    09-23 03:39 PM
    :D:D:D How do you expect them to give you a gori too?
    You start looking for singles working @ uscis ;)

    why not ask for citizenship if we buy 2 houses?. I will even buy that toxic debt from banks, if i get citizenship and a gori.





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  • Legal
    07-21 04:19 PM
    http://www.dhs.gov/xlibrary/assets/s...PR_FR_2007.pdf

    Interesting information. Mexico's population 103 million is one tenth of India's population. Yet, consistently 2-3 times more GCs have been issued to Mexican citizens.This doesn't affect diversity!:rolleyes:





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  • bfadlia
    02-15 11:30 PM
    Reality is that you don't want to see Indians and Chinese around you. I am sure IV does not need people like you. IV does not promote nationality and we are against all the bad pracitices of the body shoppers but we don't want someone to label Indians and Chinese in this country product of bodyshopping immigration.
    Most of the population are well educated , skilled professionals and labelling them that they are flooding the market is insulting. If you think that you don't have marketable skills and is difficult for you to play due to Indians and Chinese, please feel free not to come back to this website. There are many Anti-Chinese and Anti-India blogs for your agenda. I am not sure whose side you are on and who has planted you here.

    Sir, first, not that I will listen to you, but you have no business telling anybody that IV doesn't need them, it's very serious when every disgruntled member decides to speak on others behalf and tell people who disagree with them they need to leave IV
    second, do u have a crystal ball that allows you to know my feelings more than I do and put words in my mouth that i didn't say.. when i say that bodyshops participated in creating the disproportionate lines for india and china where do you get an insult or conclude that i want indians and chinese to disappear or that i feel i lack marketable skills..
    stick to arguments please instead of these endless fabrications.





    roseball
    01-13 04:43 PM
    Is this some thing needs to pass or in proposal or already effected since the date they published on the website?

    I have not ready the doc.

    This is neither a proposal nor a bill that needs to go through the process. Its a memo to the USCIS service centers providing clarity on whats an employer-employee relationship means for a H1 petition to be considered for approval. The memo claims there was no clarity on what constitutes a fair employer-employee relationship and provides guidance to the USCIS service centers to follow the memo in processing all H1 applications. So technically, I would assume it is effective on the date it was released.





    chanduv23
    02-13 02:06 PM
    But we also have members making $30K fundraising effort successful in 7 days! Hence I believe if the IV core decides to explore the possibility of a lawsuit, we can raise enough money to hire an attorney for that.

    there is a saying "if it takes 180 days for a immigrant to screw a light bulb" does not mean that "180 immigrants can screw the light bulb in 1 day".

    we have thresholds and we need more active participation. These campaigns are refreshers, we are gathering more dedicated vollunteers, we want to see more people coming forward and help us.

    30k in 7 days is a good positive way and we want to see this getting better, what I mean is

    30K in 7 days must lead to -> 100k in 20 days must lead to -500k in 2 months - if this is a pattern - then yes we can think of big things. The community must also be ready to face any failure and take it with a pinch of salt? Are we ready for it yet?

    I want the answer from the people because I do not want to sound negative :)



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