Saturday 25 June 2011

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  • immigrant2007
    06-30 12:54 PM
    Visa recapture cannot happen with an administrative fix. Anyone who is telling you that visa recapture can happen by some admin fix or through a lawsuit is simply lying, possibly just to grab your attention. We have been repeatedly told by the administration that recapture cannot happen by an executive order.

    A few days back a group of disorganized folks were writing to USCIS Director asking him to recapture. That is just a waste of time because CIS director cannot do recapture. Even Presidential executive order cannot recapture unused visas. It has to be done legislative because recapture will require change in the law.

    We do not mean to dampen your enthusiasm but please do not expect for something that cannot happen. Recapture cannot happen with an administrative fix. In this admin fix initiative we are working on other possible good provisions that are possible.

    I am not sure about this but one thng can certainly happen with Admin Fix.
    Porting of applicant who have stayed long enough in (EB3 to EB2). EB3 15 years experience and still counting and stuck and uncertain porting rules and AC21 doesn't make sense at all.
    Or
    AC21 rules or some other fix giving relief to people stuck in GC unnecessarily.
    USCIs can make these fixes but they dont want to do it. Its simple





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  • sorcerer666
    04-21 02:58 PM
    gk_2000,
    no need to stop laughing....ur loving kids will be laughing more loud than yours in future, when you become old.

    if you have no parents...or no good parents...please don't post stupid comments.

    i know, all honest people will support this.

    this is not new...i saw a website for this....which was signed by 100's 1000's people...could not find it now.

    all honest people will support what??





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  • quizzer
    06-18 05:21 PM
    What heppens if i have AP and go for H1 revalidation...the h1b gets rejected/delayed..can i come back in AP?





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  • GC_Optimist
    02-08 12:30 PM
    did not mean to discourage, just be prepared because after the 140 is rejected, you have to start all over again and you lose time in the process. BTW, ask any lawyer, and you will hear the same about Nebraska.

    also if you have an MS and are eb-3, by all means transfer to EB-2 with a high rate of success --- again accding to my lawyer.

    Can you elobrate on start all over again . Does this mean for that priority date of EB3 is lost. ? :confused:



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  • WithoutGCAmigo
    06-18 12:48 PM
    Any reference for what you wrote.

    THis thread is confusing a lot of people. My understanding in once 1485 is pending , one can to county office get EAD card after a month. Gurus please input your comments





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  • rsharma
    10-10 10:54 AM
    I respectfully disagree, he is the president of USA and to its citizens, you might morally/personally declare him to be your president, but as long as your passport is not from USA you my friend are an alien (not extraterrestrial) living in the US of A :), please dont take this personally I am in the US too, and I got my passport recently renewed, and I had to pledge my allegiance in order to get my passport. It's just a law point. And I wish you all the best in your endeavor. Bharat mata ki Jai.

    Dear Friend, I know that I had pledged my alligiance to the Sovereinty, Intigretity of the country who had issued the passport I am holding. None of my actions are against that statement. However as I have moved over to USA and applied to live in USA permanently I should respect and love this country from the bottom of my heart.

    I feel if I love my country of birth and sing its paises, then I should have stayed there permanently and not aspire to become US permanent Resident and eventualy US citizen. Since I want to stay in US I should love US more than any other country including the country of my birth.

    Friend, most of us say that there should not be any country quota (I too support this statement), but sometimes we only provide the reason for keeping the country quota. We do not blend in to the US melting point but keep our seperate identity of so and so country. If you regularly read the posts in this forum it clearly displays that this forum belongs to a particular country. Many of the posters post in that country's language, posts any news from that country and some even say negative things about the nighbours of that country. Although I am too from that country I do not support that and want to present myself as an immigrant who want to reside and live in USA permanently.

    I will continue to sing praises of the country I have selected and want to live permanently in (USA) and work to show that I am blending in this culture of this country and try to help remove any quota based on country of birth.

    God Bless USA.



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  • gk_2000
    02-10 09:44 PM
    I did online MS degree and it took 3 years, although I could have completed it in 2.5 years. First year I completed only 1 course per sem, then I started doing 2 per sem. I took non-thesis option and the total cost was aprx 15K from ISU. Thye charge flat rate fee per subject ( aprx 3 credits) irrespective of residency requirements (you can actually do this course from anywhere in the world and it would cost the same) . This degree requires 30 total credits (one of them must be a project, so technically only 9 subjects/courses to take).

    Even I am curious to know if that helps you to file EB2. Please, tell us your experience





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  • ashokred
    08-04 07:42 PM
    Justaju jiski thi, usko to na paya humne..
    Is bahane magar dekh li duniya humne.

    what a timeless masterpiece!!!
    gives me goosebumps everytime i listen to this!!!



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  • Humhongekamyab
    01-15 06:07 PM
    The form firearm buyers fill out is a federal form that should be standard across all states. Perhaps your recollection is from before Feb 2002 when nonimmigrants' firearm ownership was not restricted.

    A correction for my earlier post - the pamphlet is from ATF, not ICE. http://www.nafr.org/PDF/p5300_18.pdf

    Regarding FBI Background checks for firearm transactions, they are required by law to give a decision in 7 days, or the transaction is automatically approved. There is a very efficient appeals process for wrongful denials that takes only a couple of weeks. There is also a toll-free hotline to call FBI and talk to an officer.

    Wish they had all these features and the 7-day timeframe for immigration background checks....


    Good info. From the pamphlet it is clear that if you have resided in the State where you are buying the handgun for 90 days and intend to make a home in that State AND are in possession of a valid hunting license or permit lawfully issued in the US the you are eligible to purchse a firearm from an FFL to possess in the US.

    I checked the GA Department of Wildlife website and you can get a license online for hunting in a matter of few minutes by paying a small fee unless you intend to hunt Deer for which you need to undergo hunting course.





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  • LC2002
    09-06 11:15 AM
    It's just bad luck to get that kind of CBP officer. It's upto you to ignore this or escalate it. In my opinion behaviour of CBP officer was wrong.
    If you want, You can write letter to Commisioner of CBP about the incidence, following is the address :
    http://www.cbp.gov/xp/cgov/toolbox/contacts/headquarters.xml

    This happened in DC's large Dulles Intl airport.



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  • ags123
    04-07 08:23 PM
    Till 2007 that was how it was being interpretted and then suddenly DOS realised it should be by category and not by country of chargebility.
    The earlier Eb1 ROW>Eb2 ROW>Eb3 ROW spillover is called vertical spillover
    The current since 2008 spillover Eb1>Eb2>Eb3 regardless of country is called horizontal spillover.

    However see in Horizontal spill over Eb2 India backlog takes of the numbers (14k in 2008)
    In vertical spill over Eb3 India backlog takes the numbers(17k in 2007)
    This is because Eb2 India or Eb3 India have older cases and spillover is given seemingly according to PD order.
    So either method wont help Eb3 ROW. Its a double whammy.





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  • freedom_fighter
    06-30 11:29 AM
    Chalo ye idea bhi gaya.. aur koi hai bhai with new idea. This place gonna make a guiness record of busting maximum number of ideas.

    Some actively some passively by not participating. I rest my case here Finally :confused:

    Something tragic/humiliating on big scale happens to some of the ppl in EB community. Its sad, I guess even Gandhi didnt do anything until he really got humiliated in south africa.



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  • GotFreedom?
    04-02 05:44 PM
    Dude, you forgot the most important point....

    After apology/providing GC, they are going to provide settlement assistance as a welcome gift....

    Right!!! and in the future bulletins, the dates will continue to move to the future and all the FOBs will be forced to take the GC at the POEs else they will be denied entry into the US of A.





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  • muthiahmerchant
    06-28 09:54 AM
    Hi desi3933,

    My wife got approval notice from 10/01/2006. Her employer is willing to give paystubs from March 2007. Will this put her back in status so that she can file I-485?

    We are planning to resign after she file I-485 at July end and apply for COS with 2 paystubs. Will this cause a problem or is it legal?

    Could you please advice?

    Thanks

    I read from a different post that you can file for AOS if you are out of status for less than 180 days. there is a section 245(k) which allows you to do this. I don't know the accuracy of this info.

    this is from murthy.com site

    Section 245(k) enables a person who is adjusting status in an employment-based category (whether on the basis of a labor certification or in one of the special Green Card categories that does not require a labor certification or job offer) to adjust, even if s/he has been out of status or worked without authorization for less than 180 days. This provision does not require an immigrant petition or labor certification to have been filed on or before any particular date and there is also no penalty fee involved.



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  • frankiesaysrelax
    11-04 09:27 PM
    After reading your post, I just called the ICICI customer support and checked with them. They told me that I cannot get anything from my ICICI NRO account unless otherwise it is for education or for medical purpose.

    I am not sure how you got your money from ICICI. May be you had put USD and got it back sometime later. Have you tried to bring back INR from ICICI account? If yes, let me know what you did.

    As I mentioned in my post, I had a resident Indian A/C - account that was opened when I was legally a resident Indian (salary a/c incidentally). No way it can be confused with one of N/RE/O accounts. I had INR in my account. It was wired over to my account here in the US, I got $s. Simple. If you look through the link that I posted, ICICI's instructions are quite clear - you can say family maintenance as a good reason.

    As a couple of people commented in subsequent posts, it is straightforward to send money, INR to $.





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  • gc_bulgaria
    10-08 01:48 PM
    :mad:



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  • iv_only_hope
    08-15 04:58 PM
    Friends I need an opinion regarding my wifes situation. She is currently on H4. She was on H1B before some time back which she had stamped in India itself. That H1B expired. She moved back to India. After 5 years now she applied for new H1B and got it in the quota. When the dates advanced we applied for her EAD. We were hoping to get it in 60-70 days. Now its been 75 days at TSC and no signs of approval. She had job offer based on EAD since we thought might as well use that. Now we are thinking she should get her H1B stamped because we dont know when her EAD will get approved. For that do you think going to Canada for stamping is safe. She has a Bachelors degree from India. Or do you think going to India only is thesafe option. Mainly I asked was I did some search and found out that its safest in Canada if you have US/Canadian Degree. Is that true or I am wrong and its safe for everyone. Thanks.
    Amar





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  • chi_shark
    10-02 12:01 PM
    i am in the 3.a. situation. what does part time mean? can you really be working part time when you are a CEO, CFO, COO, CMO of a company? not that i am raising this questions... I want to continue to be in the 3.a. situation, but can the IO ask these questions? if i make revenue of $20000 (twenty thou) and profit of $2000 a year will that be considered enough for IO to think that my intention is to switch to my company after green card and hence no intention of continuing permanent employment? or is that number higher (or lower)...

    I want to become a believer in your 3.a. statement... please let me know what you think.

    From what I can gather, from the immigration perspective:

    1. If you are on H1 - You can technically start a business but since you cannot "work" towards it, in practice it's almost impossible

    2. If you are on H1 and have an EAD - You can start a business. But if you use your EAD, you are no longer on H1. (There are contradicting views on using EAD for PT while still maintaining H1. For now, this is a grey area)

    3. If you are on EAD -
    a. If you plan to work on your business on a part time basis and stay with your sponsored job full time, I don't see a problem with this.
    b. If you plan to work on your business full time, you might have an issue with a RFE at the I-485 stage as you would have used AC21 for self employment (Some people say this is okay, but it depends on your risk taking ability)

    Thoughts?





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  • gcformeornot
    07-31 11:27 AM
    ___________





    Humhongekamyab
    01-15 03:07 PM
    I went through the Federal Firearm Law and here is what I found:

    (d) It shall be unlawful for any person to sell or otherwise dispose of any firearm or ammunition to any person knowing or having reasonable cause to believe that such person�

    (5) who, being an alien�
    (A) is illegally or unlawfully in the United States; or
    (B) except as provided in subsection (y)(2), has been admitted to the United States under a nonimmigrant visa (as that term is defined in section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101 (a)(26)));

    -----------------------------------------------------------------------------------------------

    (y) Provisions Relating to Aliens Admitted Under Nonimmigrant Visas.�
    (1) Definitions.� In this subsection�
    (A) the term �alien� has the same meaning as in section 101(a)(3) of the Immigration and Nationality Act (8 U.S.C. 1101 (a)(3)); and
    (B) the term �nonimmigrant visa� has the same meaning as in section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101 (a)(26)).

    (2) EXCEPTIONS: Subsections (d)(5)(B), (g)(5)(B), and(s)(3)(B)(v)(II) do not apply to any alien who has been lawfully admitted to the United States under a nonimmigrant visa, if that alien is:
    (A) admitted to the United States for lawful hunting or sporting purposes or is in possession of a hunting license or permit lawfully issued in the United States;
    (B) an official representative of a foreign government who is:
    (i) accredited to the United States Government or the Government's mission to an international organization having its headquarters in the United States;or
    (ii) en route to or from another country to which that alien is accredited;

    101(a)(3) The term "alien" means any person not a citizen or national of the United States.
    -----------------------------------------------------------------------------------------------
    101(a)(26) The term "nonimmigrant visa" means a visa properly issued to an alien as an eligible nonimmigrant by a competent officer as provided in this Act.





    stupendousman11
    08-04 10:29 AM
    Have printed out the petition. Will be sending out to 2 Senators and all 13 Representatives in North Carolina.



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