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  • unitednations
    02-20 12:59 AM
    How much investment is required to do this using the L1-A? This appears to be a better option than the EB-5 where money is tied up for years.

    You have to work for the company outside USA for one year. therefore, you gotta be out for one year.

    I am not advocating this but if a person were to go back home and wanted to come back later then al they need to do is start a business (could be consulting). After it has been running for a year then come to USA on L-1A to open up a sales/operational office and then open up your consulting company and start hiring/placing people.

    Note: You need to ensure that the company is real back home to get through consular process.

    I am actually very surprised at people. I would have thought that now people have come to realize that this could take a long time that people would dig in and start lobbying harder; strategizing, etc., instead, I am seeing more postings of people going back home; canada, australia, england, etc.

    I will give you my story. I came here in 1993 and stayed until 1996. Didn't really think about staying here permanently. In 1996 my colleague who was from Bahamas on H-1 got me on a conference call with company attornies about doing greencard. We asked her of the process and she told that the rules were you had to work with the company for 18 months; the process could take 3 to 4 years and then you had to stay for 3 years after the greencard got approved. We both just looked at each other and thought there was no way we would do it. He went back to Bahamas and I went back to Canada thinking i wasn't going to come back and why wait anyways.

    Three years later I decided I missed USA (note: Canada isn't much different but I still missed the "system" and the rush of working in the big economy with the biggest companies. I came back and stuck in greencard process now for many years.

    My conclusion is that I made a mistake of going back and should have stayed the first time around. Something for everyoen to consider going back to other countries or back home.





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  • unseenguy
    08-18 06:00 PM
    I do not know why this issue is more important for people to discuss. Just because Mr Khan is asked to be a common man? He is not a world famous actor. He is a famous actor to a very very small minority Indian Community in USA. Why should USA give VIP treatment to any star actor from any country of the world? If he was an official ambassador/senior diplomat/Minister, it us understandable. He is simply coming to USA to make money. He will still come again to USA to make money even if he is strip searched again and questioned for more than 66 minutes. Indian government seems to have crossed the line by complaining. This VIP culture that is so prevalent in India needs to change.
    If Indian government really wants to complain, why are they not complaining against the long wait periods for H1B stamping in India. Ordinary Indian citizens going to India for stamping sometimes have to wait several months in the name of security checks. This takes a toll on their life and job in USA. There are several other issues Indian Citizens face in USA. If Indian government has chosen to interfere with the internal matter (in this case national security) of USA, why is it keeping quiet on other matter of importance to its citizens? Indian government needs to stick to its policies and not bend its rules for VIPs.

    As someone said, if his intention was to publicize his new movie and make more money from his share of profit, he may have succeeded.

    I agree with some points here and I dont with others:

    First of all, whether a person was traveling in official capacity or not was he profiled? Because of his name , skin or status? Whatever it is.

    Second, if we give same treatment to brad pitt or tom cruise, would it be acceptable to americans and you too. Would it be a process or would you then dismiss it as nonsense and inefficiency of Indian admin? How you see things in perspective is also important.

    Thirdly, Shahrukh, though not an official and is here making money, is a high profile person. His case and this incident , embodies the unreasonable and insensitive treatment many many commoners get by hands of inefficient US administration.

    You pointed out right, hundreds and thousands are facing security delays, stamping issues, issues at POE etc. Thats what this incident highlights.

    If a high profile person from India, Shahrukh, faces so many problems, then people can imagine the troubles of the commoners.

    I would see this as a "representative" case for many Indians and highlighting it would give some negative publicity to CBP and restore some "common sense" in general.





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  • jonty_11
    10-04 10:54 AM
    I have Applied for Canadian PR, got a receipt # back. I want to add my wife now. However, she has a shoplifting incident back in 2001 in Singapore. I know we have to provide Police Cert for Singapore nowadays.

    Reading on cic.ga website, they do pardon such offenses in 5 - 10 years depending on seriosness of the offense. ANyone has concrete infomration on this? Would really help is adding my wife on to my appliaction the correct way.





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  • chanduv23
    07-04 08:36 AM
    Macaca, pappu and gang - can we compile a funny animation cartoon with a message in flash and upload it on youtube?

    I have flash on my laptop, if someone can give me the material, I can compile a slideshow ???? Any thoughts??



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  • samay
    07-22 11:41 AM
    Hi Forum,

    I have come to USA last year and was getting paid consistently till May31. Now, on July 2nd new employer (not a desi, but a big company) applied for transfer on premium processing. I'm continuing with my old employer, and they are marketing me, and have all such emails. Just wanted to know whether the paystub will be an issue for transfer? And how soon can I join them, and what is the risk if I join them now, before I wait for response from INS?

    Any response in this regard will be highly appreciated.

    Normally the last two pay stubs are required and it become an issue and you may get a RFE.





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  • nrk
    09-17 01:10 PM
    Hi VDLRAO,

    Couple of months back you were very optimistic about EB2 I will be current soon, what were the things influencing your thoughts.

    Do you think EB2 I, will not be crossing 2005 by September 2010 ?

    When it took about 2 years spill over visas (2008 and 2009) for the EB2 India dates to move from April 2004 to Jan 2005, I am sure you could estimate how long it would take to cross a year.



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  • panini
    05-11 04:11 PM
    This is totally correct!!!

    Also I would like to ask the posters here who say that SL tamils are discrimanated, can you please post the things that a SL Tamil is NOT allowed to do in Sri Lanka that a Sinhalese is allowed. I am curious to know what they are. :D

    War is in the northern and eastern provinces. Sinhala and Muslims were driven out of this area by the LTTE. Tamils live all over the country. Tamils lead regular life in other areas of the country that's not succumbed to the war, this includes the capital, colombo. They conduct business, attend universities/schools, they lead a regular life just like any other sinhala or muslims. Tamils lead prosperous lives in other parts than the north and east. The reason they can't live in the north or east is due to their own LTTE, the group that was supposed to liberate tamils.

    If there's ethnic cleansing or genocide against tamils, Sinhala and muslim people should be killing tamils all over the country. This is not case in Sri Lanka. I have tamil friends and classmates, we went to school together. How come there are tamil ministers in the parliament. Parliment members Lakshman Kadirgamar and Jeyaraj Fernandopulle both tamils and were killed by the LTTE not the gov. How can this be ethnic cleansing?





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  • Macaca
    07-04 11:04 AM
    Please post good reliable estimate of cost for applying with ALL possible break ups. I know the following only!

    Cost of applying = application fee ($795 ??) + Lawyer fee + others (= medical + pictures + ...)

    Also, which parts are lost if we have to re-apply!



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  • lazycis
    02-14 12:58 PM
    Galvez v. Howerton 503 F. Supp. 35, 39 (C.D. Cal. 1980)
    http://boards.immigrationportal.com/showpost.php?p=1838094&postcount=14843

    "Plaintiffs herein allege that officials of the Immigration and Naturalization Service (INS) have engaged in affirmative misconduct in failing to process their applications for adjustment of status to that of permanent resident aliens. They seek a court order compelling the defendants to issue them appropriate visa numbers."

    "Where there has been affirmative misconduct on the part of the INS, the United States may be estopped to deny the availability of visas to those otherwise eligible but for the government's acts. See Immigration & Naturalization Service v. Hibi, 414 U.S. 5, 8-9, 94 S. Ct. 19, 21-22, 38 L. Ed. 2d 7 (1973); see also Villena v. Immigration & Naturalization Service, 622 F.2d 1352 (9th Cir. 1980) (en banc); Santiago v. Immigration & Naturalization Service, 526 F.2d 488, 492-93 (9th Cir. 1975) (en banc), cert. denied, 425 U.S. 971, 96 S. Ct. 2167, 48 L. Ed. 2d 794 (1976). The central inquiry here is the determination whether or not the conduct of the INS, including the failure of the INS officials to understand the applicable law, the improper rejection of plaintiffs' visa applications on two occasions, and the ensuing delay, constitute affirmative misconduct.
    It is the duty of the agency to inform itself of the law which Congress has authorized it to enforce. The INS admits that its personnel were not familiar with the current statute applicable to plaintiffs' visa eligibility and thus erred in returning [**8] the plaintiffs' applications on the basis of a misinterpretation of the relevant law. This failure to act in accordance with law is an aspect of the agency's affirmative misconduct which the Court cannot overlook. Administrative Procedure Act, 5 U.S.C. � 706(2)(A) (agency action to be set aside where "not in accordance with law").
    Another aspect of the present misconduct relates to the agency's failure to fulfill a statutory duty. The INS has a statutory obligation to issue visas to qualified applicants to the full extent of the annual quota limits established by Congress. 6 The legislative history of the Immigration & Naturalization Act indicates that this duty has not been left to agency discretion, see S.Rep. No. 748, 89th Cong., 1st Sess. reprinted in (1965) U.S.Code Cong. & [*39] Ad.News, pp. 3328, 3337-38, but is obligatory upon the agency. "

    "IT IS HEREBY ORDERED that plaintiffs' Motion for Summary Judgment is granted, and defendants' [**14] Motion for Summary Judgment is denied. The Court orders the defendant Secretary of State to issue A.T. Cortes and E. Cortes Fifth Preference visa numbers and to charge them to the 1979 visa allotments"





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  • mundada
    06-12 05:11 PM
    I hear you buddy but that is what America is and that is what makes America so great. The constant flow of immigrants will always require you to keep upgrading your skills and hence your salary.

    The moment you were forced to enroll in MBA in an effort to upgrade your skills and increase your salary means American model and (comparative advantage) economics are working.

    The same thing happened in agriculture, then manufacturing, and now IT and other industries. It is inevitable!

    By the way, it is not dumping. Here is the real definition of dumping, "the act of a manufacturer in one country exporting a product to another country at a price which is either below the price it charges in its home market or is below its costs of production".
    http://en.wikipedia.org/wiki/Dumping_(pricing_policy)

    For your information, I was, am and will most likely continue to be affected by the outsourcing/offshoring/onshoring/immigration/etc.



    I am simply stumped at the level of comprehension of the folks right here. Let me summarize my views as points and hopefully I will get through to you guys

    1. My mention of BITS was not to prove that I was the best and the brightest. It was to prove that my education was NOT subsidized by the govt of India directly or indirectly. Remember passing out of any university doesnt confer the title of the best and the brightest. Unseenguy - If you have kicked the ass of IITians, bitsians etc then consider yourselves genuine. Why this unnecessary trip down "Not confident about myself lane" ?

    2. My mention of MSFT was again not to prove that I am part of the best and rightest. It was to prove that I came here not with the value proposition of low costs but with the value proposition of hardwork and some talent. I did not compromise on my pay or did replace any native employee. Oh BTW I left MSFT in 2000

    3. My mention of the 3 layoffs and my journey was to inform you guys that whatever is happening now is similar to whatever happened in 2001. I wanted to calm down the nerves of the genuine people. Without reading and comprehending the posts, I get responses like that I was an illegal. Remember I was taken back in for 2 days, 485/AP/EAD applied and my jobless days were with my EAD in hand.

    4. One of the reasons, I am against outsourcing companies is that they dump low wage workers. If you guys are aware, every country, including India and US, has anti dumping laws to protect local industries. I am not against offshoring or outsourcing but I am against dumping. Some posters have questioned how I would be affected by all this if I were the among the best and the brightest ? Valid question to a good extent. If you realize that as you age your speed and dexterity at which one adopts newer skills start waning. How long do you think that upgrading skills in a single industry would be possible when you are going to be constantly competing with walmart style options ?

    For now I have chosen to enroll myself in an MBA program and I am hoping that my skills wouldn't be diluted. Think about going to school at age 35 with the responsibility of family and kid. This is my last ditch effort in upgrading my skills because it involves a substantial ownpayment. I am not sure about you guys but a 100K investment for school now is huge for me. The big question is, I am able to pull up my last bit of energy to upgrade now but will it be possible 5 years now if these outsourcing companies starting dumping low cost MBAs ? This is what I meant by my quality of life being impacted. If you guys think that you wouldnt go through the same scenario, then you need some serious retrospection.

    One last thing I would like to point out the inherent contradiction that the current prospective immigrants are facing today. GC is a process that is there to fill in the lack of skills in the US. However with unemployment running close to 10%, the question arises as to whether to train local populace for these skills. There are just 2 exits out of this contradiction

    1. Bring in low cost labor to fulfill this shortage and avoid local training costs
    2. Expand on a new idea. Green seems to be the buzzword today.

    In my opinion, option 1 is lose lose situation for all including the actual foreign employee who provides the services at a low cost. It is the outsourcing company for sure and probably the hiring company that may benefit. The society as a whole loses. Option 2 is an organic option but is laen with the dangers of delays in take off and boom and bust cycles. This is exactly the reason why I suggested that we cut these outsourcing cs from dumping bodies here. I hope I have clarified my opinions lucidly and hopefully look forward to a mature discussion as opposed to name calling, affronts etc.



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  • sarath99
    10-20 01:00 PM
    Hi,

    My sister is a citizen and she applied GC for my parents who are in India.She applied for I-130 in April and it was approved in 2 months.She now has to fill the form I-864 and is in the process of doing so.Meanwhile my parents would like to visit USA.They'll be coming in December and be staying for 6 mos.They have a 10 yr visa and visited us back in 2004.
    My question is it ok for them to visit USA?I read that they might be denied entry becasue of their approved I-130.We do not want to apply AOS here and they will return in June 09.

    Thanks for any advice.





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  • valuablehurdle
    08-18 12:03 AM
    I would rather discuss about Dr Koelhe than SRK:

    Extraordinary Indians: The doctor who charges only Rs 2: Rediff.com news (http://news.rediff.com/slide-show/2009/aug/17/slide-show-1-extraordinary-indians-ravindra-koelhe.htm)

    Let us close this unnecessary thread....



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  • NNReddy
    04-03 01:12 AM
    1. Mayawati.
    2. Sharad Pawar.
    3. ManMohan Singh.

    one of these for sure





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  • ksrk
    09-15 02:47 AM
    Assuming 3k spillover from (EB1/EB4/EB5 to EB2) => EB2 will get 13K visa
    EB2 ROW uses 7K (700 India, 700 China, +5k others) - there are 6K visa to allocated by Dec 2009 and 12K by March 2010 which will be given to EB2-India.

    BEC LCA applicants in 2005 estimate (EB2 India) = 2000 => 4400
    PERM applicants in 2005 (7276 of this 40% are Indian and 60% from EB2 ) -> 1750 LCA
    1100 LCA => 3850 GC

    Total pending I-485 in 2005 (EB2 India) ~ 8000

    This would mean PD will cross 2005 in next 2 quarters. I have pesimetic estimates so it will not surprise me it the dates move more rapidly.

    ...a question, though, about how the spillover is assigned back to over-subscribed countries (India and China) - does that happen in the fourth quarter of the fiscal year (lately in the last month or two) or does it happen each quarter? Looks like your analysis assumes it happens each quarter...



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  • unseenguy
    08-16 02:31 PM
    Does our people have the balls to do that?

    Thats the problem, our people dont have balls.





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  • Jerrome
    05-11 05:35 PM
    Hmmm... Not sure what you mean about my opinion and mindset. I was only responding to your "accusation" of SL government destroying "competitiveness" by providing some facts openly known to almost all Sri Lankans but not in the outside world. Those facts also give you an insight in to the root cause of the problem. You are free to form any opinions about me. Just remember that there are two sides to each story. Look at both sides before you make a judgement.

    As for your wish wanting to see Sinhalese and Tamils living as equals in a peaceful sri lanka, we all share that sentiment with you and Thank you for that. Hopefully that day is not too far.

    Panini, Since i know the history better i was making those comments, My opinions are not based on the articles or something which i read recently.

    Do you dispute this link, do you think even this is Pro LTTE.

    http://en.wikipedia.org/wiki/Origins_of_the_Sri_Lankan_civil_war

    Tell me is any of this root causes identified in this wikipedia entry is going to be GONE after this war against Terror. I don't think SO.

    Now tell me how the problem will be solved if these root causes are not resolved.



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  • GreenCardLegion
    08-16 03:47 AM
    I am a patriotic Indian. Why the hell cant this Khan guy go through the same ordeal as an ordinary Indian or any other passenger. Why all the fuss? Is he god??? Hell NO...I would just tell him to shut up and carry on with life. He is an idiot and just doing this for more publicity. How many Indian muslims go through this shit everyday? Why cant he tolerate this 2 hr ordeal like an ordinary Indian muslim or for that matter hindu? Racial profiling is for everyone who is colored and non-US citizen. He is not a good guy as he cant even take a 2 hr ordeal as an ordinary citizen because he thinks he is GOD...when in fact he is as ordinary as anybody. Just because he has money, name and fame should be become god? no way. I dont mind if the Indian airport security frisked Tom Cruise or any other actor. Who cares!! Its our countrys security, but you know what India wont do that as all the airport officials incl. security are so corrupt and also if they see white skin they will just allow them freely thinking they are god!! thats our stupidity not the americans???

    I am glad this happened to the so called "King Khan" as he is king only in his mind. Not for me because for me he is a talented actor other than that he is not GOD but just a mere human being..





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  • apb
    12-14 02:13 PM
    OK, let's assume the SC invalidates country-based quotas. All EB-based immigration has to stop at that point until new law is written and passed......

    Isn't this we want. New Law. I am pretty sure when new law is being written and debated and passed, we could lobby for the changes we want. I believe, the EB process will not stop during this process because the govt machinery cannot say let the new law comes into force and then we process. They have to process the GC as per the existing law.
    First we go the judiciary route. If we win that would be awesome. If we loose that will give us more visibility. More visibility could attract more sympathetic support than what we have right now. Also there will be clear distinction in senators mind between Illegal and Legal immigration. The hearings will expose the lies behind Lou D talk shows.
    I believe that this process will act as a catalyst, to the entire process. We are already facing retrogression. Maybe another couple of years of extra wait would be worthwhile if this can bring in the reforms.:)





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  • z029556
    08-14 02:26 PM
    Hello Sir/Madam,

    Recently I have E-Filed for EAD renew and have sent all the supporting documents the following day. But I have recieved an RFE for the photos I haven't sent along with the documents and asked me submit 2 color passport photos. It was my understading that I don't have to send the photos while E-filing since they will be taken at the bio-metric appt. I am done with my bio-metric appt. Do i need to contact USCIS about this or is there any thing you can suggest me.

    Regards
    Vijay

    p.s I have already responded to the RFE with 2 color photos.





    boreal
    05-29 01:42 PM
    Ok, the guy that sets the dates says that he sees no possibility of dates moving forward for EB India and ppl are still thinking there is hope? I am an optimist and try to see the brighter side - and that side here is that we know there is no hope for those past 2005 in the next two years. That to me is sufficient to make decisions and move on. Be it changing to a different job or going back to the home country - most probably the former for me.





    arunmohan
    10-09 04:07 PM
    Group:

    Please send this letter, It is just 5 minutes job. We should add US Secretary of the Treasury, Mr Henry Paulson.

    I think we should send a hard copy too, If you send a hard copy of the letter, you receive the response for sure.

    They should give us a condtional GC that if you buy a house in a year then your conditional GC would be a permanent otherwise it will be rejected after one year.



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