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  • 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.





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  • That is true. No one knows the impact of outsourcing. Because no public data is available unlike H1b or L1. If american public gets exact data about outsourcing then they will oppose that also and goverment has to act. But there is no legal binding for Government or Corporations to give data about outsourcing. Some time back most manufacturing went silently out of USA and when people started realizing it was too late to act. But relaxing immigration will not prevent outsourcing as everything is based on cost

    Then USA become USSR and go down the toilet....





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  • While applying EAD online, by mistake I put family name as first name and first name as last name, Now I have got RFE saying service record indicates my name is different, so send birth certhificate. Do I need to send a cover letter saying this was mistake and I swapped the name by mistake.
    Can It be corrected or it is very seroius mistake.

    Yes it can be corrected at this time. You can answer the RFE yourself and explain you mistake or ask your attorney to do so. I would suggest that contact your attorney so that you can prevent any future mistakes.





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  • Guys,

    Please stop responding to Dilip. He is feeding of our frustrations. If he was still retrogressed he would be singing a different tune but never mind. Every response we give him makes him feel pleasure at our plight. To tell you the truth our plight is not bad. We just like to think it is. We have AC21 option. Remember when you could not file I485 how much you coveted that one option. If the employer withdraws I-140 and we have to file MTR so be it. People come out of it unscathed. It is still a low probability event. Take the bull by the horns and you will come out stronger. Even when you get your GC life's problems will not go away. We still have to fight for a better job, better pay, better quality of living and then we will not have the excuses we have now (Thats how Dilips of the USA are made).

    So lets take pride in ourself, use our options wisely and ignore people like Dilip. He is just pampering him shattered pride by telling himself we cannot get the salary he wants due to H1b , outsourcing .... . He is not worth it.





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  • Though you don't seem to be very articulate about Indian political scenario let me ask you didn't you know why nuclear deal was/is always called controversial?Why it was not at all popular among the masses

    In Telugu apparently there is a saying coming from during the Nawab days in Hyd.
    It translates to this..
    A honorable pretty woman spotted by Nawab was given the ultimatum to either join his harem (where of course she will be showered with all luxuries) or she will be branded slut.

    I don't know if I'm missing something but this pretty much explains Nuclear deal. Only time will tell what luxuries country will reap from it.

    Do some research on Nuclear deal and see what it will bring to India in the next couple of decades. And tell me what Mr.Advani brought us when they were in power.





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  • country quota is not racial discrimination...u must be a fool to say that.

    To change the country quota..they have to change the whole philosophy of immigration in this country... Equal opportunity for all...

    Its absurd to try to change the country quota..we must try for recapture..instead..


    Why is it absurd to change the country quota? What is the use of the country quota..is it necessary for diversity? The primary basis by which a person qualifies for employment based GC is through his academic qualifications and work experience....how is deciding how many GCs you would give based on country of birth relevant in this case. What is the basis of such a rule unless you want to limit the no. of people coming from countries which produce large no. of qualified, educated people. How is this fair considering that India and China produce at least 10 times more college graduates than most other countries in the world other than the USA.

    If promoting diversity was the cause, there's already a diversity GC process and people from India, China and some other countries are not eligible to apply in those categories.
    If limiting people from certain ethinic backgrounds based on current population of USA is a criterion - lets get this fact straight - Indian americans are less than 0.4% of US population there are far more people of vietnamese, philipino and few other southeast asian origin in the USA. In fact if limiting people of certain ethnic background from becoming larger part of the population and maintaining racial diversity had been a criterion, people of Irish, Polish, British, German (or most EU countries) shouldn't be allowed to immigrate to US at all since people of those heritage already form large % of the population. Yet, any similarly qualified person from these countries can get a EB GC in a year or two now while an Indian has to wait 8 - 10 years.

    I am quite sure a skilled civil rights lawyer can prove the current situation against Indians in EB category as case of discrimation based on country of birth, since the stated goal of the EB category is immigration based on skills and academic qualifications.





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  • I guess my 9 months old prediction is coming true (off by a month).

    http://immigrationvoice.org/forum/1049939-post209.html

    Sachug22,
    While I would love for your prediction to be true for the remaining three bulletins, I highly doubt that days will move past 2006, let alone may 07. Let us wait for 2 more months to see where you are.

    Good effort though.

    -V





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  • That's a much better suggestion than playing carrot-and-stick on real-estate bargains Mr. Hiralal.

    Now, what would really be effective is for our own people that are already naturalized and integrated and assimilated and digested in the US system to stand up for our cause.

    Please, do this for us seniors. As citizens and permanent residents, your voice will be effectively heard. Case in point - legislation on re-uniting families. To begin with, family based has nearly 60% more visas than employment based and nearly 80% of the visas available are exempt from per-country limits. And yet, the politicians want to reform family based immigration process because the people at the receiving end are their citizens. There is nothing wrong with it because the wait-time for extended family members are really long too which is a shame. But you see, there are bills that are actively discussed and passed in that category i.e fundamental solutions are being explored.

    Why is Mr. Bobby Jindal and likes of him not taking up our cause actively? People use their "humble-background" in campaign times. Why do they fail in holding out a helping hand to people that are stuck in such "humble-background"? Do you see such apathy in other minority communities?

    Thanks.

    Some interesting points you bring up here.
    Forget those who got citizenship, even those who got GC turn a blind eye to the immigration issues and people still in line.
    I can bet most of the GC and USC guys/gals would want us to just leave and stay away from USA :D
    Tough luck pal..this is a dog eat dog world..and especially so with our guys/gals who are brought up in the rat race culture right from childhood...
    "Live and let live" - yet to meet someone who really follows that...

    I a will be happy if GC and USC guys/gals dont step up and start demanding no more visas and Indians in this country...i bet some are already supporting numbersusa and such groups...i know a lot of ppl who hates seeing a fellow desi at work/park/vacation/shopping..

    Bobby Jindal :D well..wat can i say...the guy changed his name and doesnt want to be identified with his ethnic background...he will be the last person fighting for our cause..

    Life is hard as it is...people here are on a common cause and helping each other..some need a channel to vent their frustation, some need a suggestion, some are paranoid, some are vigilantes, some are good samaritans... give them a GC or USC and wait for a while and see if they still support the cause...

    Help each other and we can all prosper...guess it may remain a dream afterall

    I guess most people are not happy with what they already have...just think about the toughest days in your lives and pat on ur back how you managed to fight through it...we all have our own good and bad times...

    Aspiring for better future is what drives everyone...but it should not be at the expense of taking a look at what we all have now..and appreciate it...

    We can race ahead..GC..USC..car..better car...house..second house...$$$...list never ends..i hope all of us can put their hand on heart admit that we were much happy and peaceful even when we did not have any of the above...

    This post is not a rant or pointing fingers...just a retrospection
    Life is beautiful...best things in life are free...
    ..just a post with a different point of view...best wishes to all!!!





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  • Either way, be cautious and thoughtable before you fight against the state

    Also, i saw in CNN, for some (who are mexican's also), they served in US military (they are not here legallY) and got the Green Card becoz they shared the nations passion in Iraq.

    Think some thing like that here too rather than challenge the state and constitution

    If you talk with Caste like in India, may be somewhere down the line, you might ask a state for indians (which is like kashmir for muslims).





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  • Trust me. I was under the impression that it will be 3-4 years before I see green, but the reality is almost true for me now. Similarly, EB3 folks would get some news by next year. Who knows, the government will change and we have seen how keenly Obama wants a change ;). May be recapturing visas provision will be considered next year and everyone until 2006(EB3) may see some green. We never know. It's all magic and lets hope for the best. :D





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  • "Q: What happens if I am filing a petition requesting a �Continuation of previously approved employment without change� or �Change in previously approved employment� and an extension of stay for the beneficiary in H-1B classification, but I did not maintain a valid employer-employee relationship with the beneficiary during the validity of the previous petition?

    A: Your extension petition will be denied if USCIS determines that you did not maintain a valid employer-employee relationship with the beneficiary throughout the validity period of the previous petition. The only exception is if there is a compelling reason to approve the new petition (e.g. you are able to demonstrate that you did not meet all of the terms and conditions through no fault of your own). Such exceptions would be limited and made on a case-by-case basis."





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  • An excellent idea so far from any member. This can certainly make govt/congress serious about EB issues. And if govt really goes ahead and does something as mentioned in the post, it'll benefit current GC waiter homeowners to get their GC fast and also persuade GC waiters who are still on fence about home buying decision.
    I fully support this effort.





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  • And then there this piece of info from Ron Gotcher posted on Feb 14, 2008
    http://immigration-information.com/forums/showthread.php?t=4285
    "Last night, at a meeting of the American Immigration Lawyer's Assocation Southern California chapter, Charles Oppenheim spoke. Mr. Oppenheim is the officer within the Visa Office tasked with calculating visa bulletin cutoff dates each month. He offered the following thoughts as to cutoff date movement in the upcoming months:

    In April, India and China EB2 will be set at 12/01/2003
    EB3 for India and China will slow down for the rest of the fiscal year."

    I am riveted by this because I spoke to Oppenheim just the day before this meeting (he referred to it). This was the conversation in which he told me that at present EB-2 India would only get numbers leftover from EB-1 India -- the problem is he doesn't know either exactly how many EB-2 India adjudicated applications there are in any specific PD range -- so every month he makes wild guesses, with the intent of using up visas. So I guess at least as of 2/14/08 he thought moving the date to 12/1/03 would more than mop up whatever was leftover from EB-1 India. Given the end of the FBI boondoggle (the effects of which have not been quantified by Oppenheim or USCIS) I'd predict that even a date in early 2002 would be good enough to mop up. Let us see if he changes his mind by mid March.

    See update on this discussion on this thread (http://immigrationvoice.org/forum/showthread.php?t=17450).





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  • Although people from desi consulting companies are generally not the "best", but when compared to the population of those immigrants through family relationship or even lottery, their skill level is still much higher.
    To be honest, I do agree that the US needs qualified people with skillsets. The real question is "Are the people from the desi consulting companies the real qualified lot ? " Just to get my background details out of the way. I am a new member, from India ofcourse, and I have recently applied for my citizenship. Now with this huge deluge of immigrants, especially from the desi consulting companies, I feel that my quality of life is getting adversely impacted. Do not rush to conclusions that I am anti Indian or anti immigrant. 12 years back when I first got my H1 visa, the requirements to qualify were strict. Staffing companies to a decent extent followed rules and tried to get the best and the brightest. Once the dot com boom started, people from all walks of life entered IT. This was true of not just the Indians but also of people in the US. Soon after the bust, the value proposition from these staffing companies was simply low cost. This is not to blame the staffing companies. They behaved in an economically rational way.

    Consider this scenario. If you run a consulting company, wouldn't you try to maximize your profits by staffing people in projects at the least cost ? This is econmically rational. You wouldn't worry much about the quality of the deliverables and all you would care is to dump as many bodies as possible at the client site or offshore and get the maximum bang for the buck.

    In this scenario, how is it feasible to expect immigrational justice when the bodies themselves dont provide exceptional talent and skills but simply offer low cost ? Now you would be tempted to bring in the analogous case of illegal low skilled immigrants. Remember they are just that - low skilled workers. They dont "steal" the jobs of high skilled workers. But this dumping of IT workforce has completely brought down the standard of living of the IT workers here. To be honest, those who get green cards today would feel the same way five years from now when the next wave of so called "skilled IT immigrants" offer even lower wages and destroy the quality of life.

    In summary, this retrogression is good in a way. The truly best and the brightest would still be employed until their turn for adjournment comes in. Only the weak are currently scared of the delays. I went through the same torrid GC phase after the tech meltdown in 2001. I was not worried of my job then but many people whom I knew got clobbered and were forced to leave. This is the darwinian flush and it will take its toll. Trust me this the bitter truth. If you people still consider that all the people on H1/L1 are part of the best and the brightest, they are WRONG. Only a small % (probably 20%) are the true best and the brightest and a good 50% will be flushed out. Sorry to say this and hey give me the red dots.





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  • for people who own or will buy homes ? We could also say that this can come from recapture but only for already or potential home owners...

    It could be part of the Bail out package...





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  • huge move for EB3 ROw. it was expected I think.

    01AUG01





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  • good post. and good find.





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  • Well said. These kind of feelings are general for human beings. But thinking and worrying about any problem is not going to fetch you anything. If anyone has problem, then they have to start thinking about a solution. This is help them to overcome the the real problem. Thinking and worrying about it will make the problem wrost.

    Every human being is having two virtual circles in his entire life. The inner circle is circle of influence on which you have full control and outer one is circle of concern on which you dont have any control. You cannot change the weather(outer circle). Worrying about how cold or hot is not going to help you, but you can wear adequate clothing(inner circle with your control) to over come it.

    So think what you can do with what you have in your control. This will bring peace and happiness in your life and eventually will enable you to overcome big issues in simple way.

    Ok now for BASHERS: IF YOU DONT LIKE, PLS IGNORE IT. I should add this in my signature.

    This discussion can go on and on. Here is my take.

    * US is one of the countries people are flocking into. Even lots of people from UK, Australia and Canada come here to settle.
    * Given this, whenever there are opportunities to lure people in, there will be takers and people who sell (like preapproved labor). If USCIS puts a stop on preapproved labor, then there will be other avenues to take advantage of.

    You may have others in your field/company who are less-educated than you, younger than you and earning more than you, so can you lose sleep over it? No! It is part of life.

    Just focus your energies on IV and its adoption. :)





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  • .





    Any ways, it is not going to stop me from having fun here. Any body with more interested stories to keep people informed and entertained till they get gc. Too much predicting would kill the mood. To be motivated u need some fun too.


    so i got tricked this time, in checkout lane met some guy with his kid, started chatting casual nuthing on those bombay guy or other stuff which amway uses, finally he stated that he knows of some folks that have their business here in fremont,ca he is planning to see how they operate, i assumed business means some store related or so, since he didnt seem like an IT guy .

    next day get a call, i ask him if its quickster, n he says u heard of it...why wife started laughing @ me, saying u got tricked this time, normally i wud recognise these guys in 1look





    To summarize the discussions on this thread:

    Yes, it is 7 % for all countries.

    Now it is manifestly obvious that the 7 % figure is arbitrary, and not fair. That much we can all agree on.

    The real question, as raised in the first post of the thread by soljabhai is:

    (A) Is that constitutional?
    (B) (And this is the real question): If it is, what should we do about it?

    Intelligent questions, both.
    The answer to (A) is not clear. We need a competent constitutional expert to opine on the matter.
    For (B), (which is what the thread is really all about), there are lively discussions with differing views.
    lazycis has presented good evidence that the case is not cut and dried legally. It might be unfair, but those are the laws.
    mbartosik, alterego, me and others have argued (from different angles) in terms of pragmatism. (Cost is not worth the benefit)
    garybanz, soljabhai, and others have argued that it is worth it (Cost is worth the benefit).

    Anyway, agree or disagree, its an interesting thread with interesting posts..

    Addition to this:
    --------------
    - "7% limit" is not discriminative to "Any country" AND "Restrictive" especially
    to the countries from where maximum flow of labor comes.
    - When industry demands high number of labor and in the situation of getting majority of this labor from particular
    countries only ,since the available labor force in other countries does not match the demand for one or other reason,
    then this restriction becomes SENSELESS and useless in all its practical terms and limits.
    - "Country of origin based limit" "smells" (In Mark's language..:))
    discriminative when employment always have to be related with "skill" AND
    THAT IS A ETHICAL OR MORAL PROBLEM



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