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  • venkee
    07-20 06:30 AM
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  • zoooom
    07-19 08:50 PM
    $100 from me.

    Rahul :)
    Thanks!!




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  • mrsr
    07-04 06:02 PM
    I am not sure why we will they hold?




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  • sayantan76
    07-08 03:34 PM
    I thought we have made immense progress with regard to our moral standards so that one does not have to necessarily make significant personal sacrifices to upholds ones way of life and independence. That is why I believe this is be kind of a Civil rights/Equal Employment kind of case.

    It could be argued that the supreme court has given the government authority to discriminate based on country of origin for immigration purposes.

    Supreme Court does not give the Government the authority - Supreme Court does not make laws - the legislature (Congress) does - the judiciary can review the laws and decide that it violates the fundamental rights enshrined in the Constitution for Citizens or go against the basic fabric of the Constitution

    That could easily be justified for new people coming into the country. Albiet it is slightly different from the case of most of us, those who are already in the process at some stage. In our case, DOS/DOL/USCIS acknowledge that we should be granted permanent residence (based on Labor) and even on such basis, is willing to extend our visas/work status indefinitely. However, we are being limited to not change employer (in case 485 is not applied) and to not change the field of work (in case 485 is applied). I think this can be argued as a violation of Equal Employment Oppurtunity by the government by a competent lawyer. Employer cannot be forced to process any immigration related paperwork against its wishes - otherwise it would infringe upon their fundamental rights as a registered business entity incorporated within US; nor can the employer be forced to take a risk that it would spend time and money hiring and training someone on EAD only to risk losing that person in a year if the 485 gets denied and so on.Even if the court does not do anything, it will go a long way in people and common people realising these issues.

    I was surprised to find that even my cousin (who has been here since 1980) did not realise that the situation is so bad until we had a discussion about my status last christmas. Most just assume that a small minority of people with wierd/complicated cases are held up for longer then 2-3-4 years.

    I am bringing these out not because I am opposed to equal treatment of folks on H1/ EAD etc - but because there are legitimate arguments both ways and unless we can prove unequivocally that there is gross miscarriage of justice in denying us this right and on the other hand - there is no disadvantage caused to anybody else by granting us this right - this idea is unlikely to see the light of the day

    while i am happy to be proven wrong - i do not see anyone in this forum having a stomach for a protracted legal battle starting with lower courts and going all the way to Supreme Court - going back to my previous point - we do not see this as a "larger than me" cause



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  • johnwright03
    01-31 11:27 AM
    so venkat, i have a qn for you? only people who studied here, got opt and h1 are the brainy people huh? In your opinion offshore people working here on H1b is cheap ass? Could you please enlighten everyone here as to how come you came to this conclusion?

    Folks please stop bickering...As someone said everyone is here to find a better life and enjoy the same...everyone has the talent..in one field or the other...and it's not that folks who have Master's from US are the only SMART people..!!!
    So, let's try to find a solution to nehas issue...I know so many people are looking for the same solution in this Economical Recession time...may be Nehas is on H1b but many are here on their final stages of GC and getting laid off....so, no one knows their fate until it happens..!!!
    And as far as I know...nehas status is illegal now...meaning one cannot stay on H1b without getting paid...and nehas should know that it would be hard for you to go for permanent residency in the future..!! So, nehas the best solution would be try to find a job ASAP or change status back to H4...!!! well going, to h4 is just your choice...and note that no one is forcing you to do so..but be reminded that you will have trouble going forward in the future for your GC...




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  • knnmbd
    05-04 02:37 PM
    Im really not sure if this helps EB3 cases. for example in my case i have a bachelors degree + 10 years expereince and stuck in EB3. I dont think this will help me because I dont have an US degree.

    Correct me if im wrong.

    That is correct, but it will help thousands of people who come on F1 visas and then transition in to H1B and have their GC being processed. I think that we need to look at what the U.S wants to get out of all this too and not just our perspectives.



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  • desighee
    04-21 07:03 PM
    Dear Mehul,
    I know a lot of people might have suggested you different things for your well being.I would really like to suggest to please try Ramdev's yoga.If possible plan a trip to India and attend a camp.Several thousand people with chronic illnesses for which medical science had apparently no cure,have fully recovered .I would really suggest you to try:http://divyayoga.com/main.htm
    May be you can subscribe to Aastha channel.They show interviews of people who have recovered from last stages of cancer.
    May god bless you and you fully recover.
    Do do try the Ramdev camp once.
    you will fully recover,
    sandeep






    Gurus,

    I have a unique position. couple of weeks back I was told that have fatal cancer and won't live pass 4-6 months. After recovering from initial shock I am wondering if my wife will be able to continue her american dream or she will have to head home after me.

    I have filed 485 with approved 140 back in june, 2007 with PD of March, 2003

    Please help.

    Mehul




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  • ca_immigrant
    02-01 11:41 PM
    I just visited last month. I stayed there for 6 weeks...

    Agree that economy is booking but....

    (1) too much pollution.
    (2) No infrastructure to handle cars and two wheeleers.
    (3) too much mosquito even in winter/summer. I do not know what will happen in rainy days.
    (4) prices for every item have gone up by 3X..Most of the item I am not able to justify the rise. The quality of the product has not gone up.
    (5) easy to set up business..get house...get car but tough to drive peacefully...need to pray god every morning so that we come back home with 2 hands and 2 legs and unbroken body parts.
    (6) Club culture is booming too...so if you have daughter who is teen then need to check by that angle too.

    Just my two cents....

    @ asdcrajnet - All the very best to you !! May you have a great life back home !!

    @Thakkar
    I agree there are many issues we have back home but after all it is our country -:)
    there is something that pulls me back to and we are also thinking we will go back in the next couple of years. It will not be easy as we love this country too...but then one of the main reasons we are going back is the way is the culture here... I am not very comfortable with the culture here and would like my kids to have the Indian culture...I agree there is a lot of westernization back home too...but I guess there is some hope there still to have a little control on the kids...or help them go the right way...here I am not saying it is wrong...but is a totally different culture....which is what I am not able to digest....

    Also, we are alone here no family or extended family and that too is not easy (I think)
    Lack of social support....

    I respect this country a lot and love this country (and my country too -:) ...I am what I am today because of India and US.

    If we end up going (I am sure at some point we will), we will always be greatful to America !!!



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  • senthil1
    03-09 02:44 PM
    Actually everyone should get copy of the receipts from DOL or INS whenever company received and also they should communicate to the lawyer every 3 months to get the status. Atleast the errors due to company or Lawyers should be avoided. One may not have much control after it goes to INS or DOL but persons make sure that everything filed properly. Some lawyers promtly send copies of all the communications both inbound and outbound. That will give gc applicants chance to review the various process and they can try to correct if any discrepancy or errors


    Guys everybody has a story, in my area Labors were getting cleared in less than 1 month in mid of 2003. When my attorney filed my labor and we didn�t hear on it for 3 months, my Attorney called up the local labor dept. they told him that the person who used to do foreign labor certs met with an accident and is on extended leave, It took 13 months for the local office, by that time BECs were born, retrogression�..




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  • acecupid
    07-03 02:00 PM
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  • Dhundhun
    03-29 12:29 AM
    Since you never got an H1-B stamped in your passport, you are not eligible for AVR (since there is no H1B visa to revalidate). You could do AVR for F-1 since you have that stamp but that is also NOT VIABLE any more because you are now not eligible/admissible for F-1.


    I think, F-1 Visa to H1B AVR is allowed, when F-1 is adjusted to H1B in USA.




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  • sanhari
    07-19 02:23 PM
    I agree with you vin13, remove country quota or by number of years we are legally here in US.
    Base on PD is not fare enough. Many of us filed GC vary late because of one or many reasons.

    I understand why you all are not favoring my call, since you all are EB2, EB3 is suffering because of no movement and huge backlog and EB2 is gaining because of Spillover, so you all are not favoring this. Anyway we are trying our best to get some relief for those hanging around with older priority date, let's see...



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  • test101
    07-07 12:59 PM
    anybody intrested in MA rally ?




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  • simple1
    05-04 10:39 PM
    22CFR 42.32 is not INA.
    22CFR 42.32 is not the law.
    INA is the law.


    See the post of "vbkris77".

    The specific law is at: 22CFR 42.32
    (http://edocket.access.gpo.gov/cfr_2007/aprqtr/pdf/22cfr42.32.pdf)

    And it specifically states that the derivative is entitled to same "classification".

    =======
    (2) Entitlement to derivative status.
    .......is entitled to a derivative status corresponding to the classification and priority date of the beneficiary of the petition.
    =======



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  • amitjoey
    05-23 11:55 AM
    Guys,
    E-mails are good, but if you can fax them too:

    Fax numbers to key senators in DC offices:

    Clinton: 202-228-2082
    Schumer: 202-228-3027
    Lott: 202-224-2262
    Reid: 202-224-7327
    Cornyn: 202-228-2856
    Hagel: 202-224-5213
    Martinez: 202-228-5171
    McConnell: 202-224-2499
    Kennedy: 202-224-2417

    This is awesome, glus. Thanks again for putting these fax numbers together.




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  • Naveen
    05-04 07:59 PM
    Hello Sir,

    While opinions are good and welcome. My requirement is to see the exact INA language.

    I have read the INA Sec 203 multiple times, I could not find the link between ebquota and ebdependents. May be I am missing it. Can some one show the exact lines in INA ?

    Think about this "5 year old derivative kid" is counted in ebquota. How did the kid qualify for ebquota ? The law clearly says "to qualified immigrants who are aliens described in any of the following subparagraphs" and then goes on to say the exact qualification.

    Don't take me out of context. I do want the kid to get greencard, however I am against the kid being counted in ebquota.

    I am yet to get the access to ( I am a recent donor ) donor thread that refers the exact INA language. Can some other donor post the exact INA language in this thread ?

    Thanks

    Hello Madam,

    22 CFR 42.32 a(2),b(2),C(2) page 224

    http://edocket.access.gpo.gov/cfr_2005/aprqtr/pdf/22cfr42.32.pdf

    (2) Entitlement to derivative status. Pursuant to INA 203(d), and whether or not named in the petition, the child or spouse of an employment-based first preference immigrant, if not otherwise entitled to an immigrant status and the immediate issuance of a visa, is entitled to a derivative status corresponding to the classification and priority date of the beneficiary of the petition.


    Hope this helps you sleep better at night.

    Thanks

    P.S: This is just to prove your attorney is wrong. Now thanks for donating and lets fight to remove the country limits and exempt dependents from the quota. Are you with us?



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  • viper1400
    02-11 06:54 PM
    IV,

    I know you don't want us to use paypal - but I think that might be delaying lot of contributions.

    Here is my case - I have a very hectic work schedule -so by the time I go home I forget to write and send a check. If I could do paypal then would be no problem as I can do from any where - work - from phone - anywhere.

    Just a thought.. I have been planning to send $50 or so but kept on forgetting. Don't get me wrong but telling the truth here.




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  • HelloWorld2007
    09-18 02:28 PM
    Have any of your packages been received by 'M Hindera'. Never seen this name come across in this board. Mine was received by this guy on 20th July at NSC, 140 approved at NSC, no receipts. Pls let me know..
    thanks




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  • vbkris77
    05-01 12:56 PM
    INA doesn't talk about visa allocation for spouse and children in employment pref. So we need to atleast challenge CIS interpretation on this.




    esh06
    09-22 04:33 PM
    Filed at NSC.




    vinabath
    04-22 03:16 PM
    Non-compete are notoriously hard to implement.


    Only if it is too restrictive. this case is pretty straightforward and simple. employee is directly hitting the employer's revenues.



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