Wednesday, July 13, 2011

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  • FUNTIMES
    06-22 11:13 AM
    I am in the same situation. Details Below.

    Me: EB2(10/2006) Pending I-140
    Wife: EB3(04/2002 SUBSTITUTION) Pending I-140

    Reply from My Lawyer.

    "Many people are in your scenario.
    There are many ways to do this. Each one being a little more expensive then others.

    What can be done:

    Your wife files as primary and you secondary on her 140.
    You file as primary and her secondary on your 140.

    Option #2
    You file alone on your 140
    She files alone on her 140.

    Somehow if the dates should move backwards and her 140 on labor substitution should get denied (you never know with labor sub); then for her to file on your 140 the date has to be current or she canʼt file until it becomes current.

    You and her just file on her 140. Problem is if the 140 gets denied then the window of opportunity to file the 485 again may not be for a couple of years.

    You and her just file on your 140. Problem is that it may take a long time for you to eventually get the greencard approved.

    If you want to be safe and want to spend more money then she would file as primary on her 140 and you as dependent. Then at same time we would file you as primary on your 140 and her as dependent on your 140.

    Reply from Wife's Lawyer(Murthy):

    "It is not possible for you to be her derivative as well as your own primary, and vice versa. It would require the filing of 2 I-485s and this causes nothing but confusion on the part of the USCIS. You have 2 choices. You could pick a case that you are going to proceed under, most likely the one with the earliest priority date, so long as there is confidence that the I-140 will be approved. Or, you can hedge your bets by each filing as your own primary because if one of the cases falls into a problem, the person can switch to be a derivative, but could run into a problem if there were not current priority dates at the time. But, so long as your both remain in H-1B status, and not use EAD/AP, that is minimized"





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  • adusumilli
    09-24 11:48 AM
    28.6%/5 = 5.72% for EB3-India + Spillover from EB2 and EB1, not more than 10,000 of which to "Other Workers".
    28.6%/5 = 5.72% for EB2-India + spillover from EB1
    28.6%/5 = 5.72% for EB1-India + spillover from EB4 and EB5


    Each category is 28.6% WW Quota.

    WW Quota consists of 5 country specific sub-quotas 1)India 2)China 3) Mexico 4) Philipines 5)ROW.

    Based on page 1, I do math as under for Philippines categories.
    -------------------------------------------------------------------------------------

    1) Quota for EB4 -->7% x 140000/5=1960, Pending: 70 Quota to be spilled over to EB1= 1890
    2) Quota for EB5 --> 7% x 140000 / 5 = 1960, Pending: 0 Quota to be spilled over to EB1 = 1960
    3) Quota for EB1 --> 5.72% x 140000 = 8008 + EB4 spillover 1890 + EB5 spillover 1960 = 11858 - pending 74 = Total
    11784 will go to EB2
    4) Quota for EB2 --> 5.72% x 140000 = 8008 + 11784 =19792, Pending: 510, So total 19282 VISA numbers will be spilled
    over to EB3.
    5) Quota for EB3 --> 5.72% x 140000 = 8008 + 19282 spill over =27290 - 11563 Pending = 15727 VISA extra.
    6) �Other Workers� � Pending: 264 TOTAL UNUSED VISAS = 15727-264 = 15463 UNUSED VISAS will go to the quota
    of other countries.


    Based on page 3, I do math as under for ROW categories.
    ------------------------------------------------------------------------------

    1) Quota for EB4 -->7% x 140000/5=1960, Pending: 1378 Quota to be spilled over to EB1= 582
    2) Quota for EB5 --> 7% x 140000 / 5 = 1960, Pending: 40 Quota to be spilled over to EB1 = 1920
    3) Quota for EB1 --> 5.72% x 140000 = 8008 + EB4 spillover 582 + EB5 spillover 1920 = 10510 - pending 2477 = Total
    8033 will go to EB2
    4) Quota for EB2 --> 5.72% x 140000 = 8008 + 8033 =16031, Pending: 7150, So total 8881 VISA numbers will be spilled
    over to EB3.
    5) Quota for EB3 --> 5.72% x 140000 = 8008 + 8881 spill over =16889. Pending: 62840 -16889 = 45951 applications will
    still be pending and pushed to year 2011.

    Based on page 4, I do math as under for China categories.
    -----------------------------------------------------------------------------------

    1) Quota For EB4 --> 7% x 140000 / 5 = 1960, Pending: 384 Quota to be spilled over to EB1 = 1576
    2) Quota For EB5 --> 7% x 140000 / 5 = 1960, Pending: 13 Quota to be spilled over to EB1 = 1947
    3) Quota for EB1 --> 5.72% x 140000 = 8008 + EB4 spillover 1576 + EB5 spillover 1947 = 11531 - pending 607 =
    Total 10924 will go to EB2
    4) Quota for EB2 --> 5.72% x 140000 = 8008 + 10924 =18932, Pending: 19333, So total 401 applications will be pushed to
    year 2011 with pending approval.
    5) Quota for EB3 --> 5.72% x 140000 = 8008 + no spillover = 8008 � 6343 Pending = 1665 visas Extra.
    6) �Other Workers� � Pending: 30 TOTAL UNUSED VISAS = 1665-30 = 1635 UNUSED VISAS will go to the quota
    of other countries.

    Based on page 5, I do math as under for India categories.
    -----------------------------------------------------------------------------

    1) Quota for EB4 -->7% x 140000/5=1960, Pending: 123 Quota to be spilled over to EB1= 1960-123 = 1837
    2) Quota for EB5 --> 7% x 140000 / 5 = 1960, Pending: 13 Quota to be spilled over to EB1 = 1960-13 = 1947
    3) Quota for EB1 --> 5.72% x 140000 = 8008 + EB4 spillover 1837 + EB5 spillover 1947 = 11792 - pending 418 = Total
    11374 will go to EB2
    4) Quota for EB2 --> 5.72% x 140000 = 8008 + 11374 =19382, Pending: 47728, So total 28346 applications will still be
    pending for year 2011.
    5) Quota for EB3 --> 5.72% x 140000 = 8008, no spill over. Pending: 62607 -8008 = 54599 applications will still be pending
    and pushed to year 2011.

    Based on page 6, I do math as under for Mexico categories.
    -----------------------------------------------------------------------------------

    1) Quota For EB4 --> 7% x 140000 / 5 = 1960, Pending: 62 Quota to be spilled over to EB1 = 1960-62=1898
    2) Quota For EB5 --> 7% x 140000 / 5 = 1960, Pending: 0 Quota to be spilled over to EB1 = 1960
    3) Quota for EB1 --> 5.72% x 140000 = 8008 + EB4 spillover 1898 + EB5 spillover 1960 = 11866 - pending 174 =
    Total 11692 will go to EB2
    4) Quota for EB2 --> 5.72% x 140000 = 8008 + 11692 =19700, Pending: 211, So total 19489 applications will spill over to
    EB3 category.
    5) Quota for EB3 --> 5.72% x 140000 = 8008 + 19489 spillover = 27497 � 7878 Pending = 19619 visas Extra.
    6) �Other Workers� � Pending: 8415 TOTAL UNUSED VISAS = 19619-8415 = 11204 UNUSED VISAS will go to the quota
    of other countries.


    TOTAL UNUSED VISAS = 15463 + 1635 + 11204 = 28302.

    Assuming these unused visas from Philippines, China and Mexico will be used for India, ROW equally India will benefit additional 14151 VISAS this year. Assuming all of these go to EB2 India Pushed down figure for EB2-India for the year 2011 will be 28346 � 14151 = 14195 pending EB2-I applications ready to go to year 2011.

    How did you come up with dividing by 5 that is like 20% per country. isn't the cap 7% per country?





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  • english_august
    07-11 12:22 PM
    ABC NEWS missing.
    Boston Globe article is just a reprint of Reuters piece - so I did not include that.

    I cannot find the link to ABC coverage. Can you please PM it to me?





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  • drona
    07-13 01:27 PM
    Posted by the Washington Post
    WashBiz Blog

    The Gandhi Protest

    Several readers commented on a posting earlier this week about 200 skilled immigrants from India who tried a Gandhi-like tactic and sent flowers to the government's immigration director for help in moving their green card applications along. The U.S. Citizenship and Immigration Services forwarded the flowers to soldiers recovering at Walter Reed Army Medical Hospital, saying it understood the intent of gesture.

    Here's a sample:

    "I wonder if USCIS really understood why the flowers were sent. It was a symbolic protest by legal immigrants AGAINST the way USCIS treated them. How could they send it in the 'same spirit' to soldiers whom we all empathize with?"
    .....
    "What an inspirational act. Too bad the message did seem to have gotten lost in translation. Just imagine what would have happened in WWII if the US would have turned away the immigrating sciencists and engineers. How come some 50 years later, the US is struggling to see the value of inviting the world's best and brightest to immigrate here."
    .....
    "I'm sorry that these people were tricked into coming to America with the promise of a welcome and eventually a Green Card. The fact is that H1-B immigrants were brought here in order to replace US workers."
    .....
    "Viceroy Lord Wavell and his assistants laughed when M.K. Gandhi told them that one day they will be forced to leave India. What they did not understood that they were not politicians, they were bureaucrats. When the political power behind peaceful civil disobedience was unleashed, a nation took shape, and what Gandhi told Wavell became a reality.

    "Something similar repeated in United States recently when thousands of legal immigrants were given a cold shoulder, despite of their merit based claim for an American Green Card. They decided to apply Gandhian way of peaceful protest by sending thousands of flower bouquets to USCIS, an American agency responsible for immigration and citizenship. Instead of offering an apology, USCIS chief decided to again ignore the immigrants and simply issued a statement that the flowers will be forwarded to the injured service members recuperating at Walter Reed Army Medical Center. Once again a bureaucrat miscalculated the power hidden behind a peaceful protest. Now the power behind flowers is becoming a media mainstream story. NY Times, Washington Post, Reuters, Yahoo News are a few to name. Bollywood, has recently issued a statement providing its full support to Immigration Voice, the non profit organization behind the flower campaign.

    "An American way of fighting injustice 'A law suit' is on its way, the usual rallies and demonstrations are about to begin. However, in America, its first time after Martin Luther King Jr., that someone has tried to apply Gandhi's way to fight injustice. It is yet not clear that what would be the outcome of this campaign, but there are rumours that USCIS is already discussing internally to reverse the discriminatory decision which caused this embarrassing flower campaign against them.

    "It's amazing to witness that 60 years after Gandhi's demise, his ideology is still relevant. We are sure its gonna remain relevant till there are Lord Wavell's in this world. Lord Wavell's can momentarily laugh thinking that unorganized immigrants are helpless, but when the peaceful protest will demonstrate its political power, they surely will realize what Gandhi and Gandhian ways are all about."

    By Dan Beyers | July 13, 2007; 6:00 AM ET

    http://blog.washingtonpost.com/washbizblog/2007/07/protesting_by_sending_flowers.html



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  • Nil
    03-10 12:26 PM
    This idea has reached critical mass.
    Great to see individuals pursuing the efforts of calling their government.
    Is there something we can do collectively as a part of IV?





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  • royus77
    06-29 06:10 PM
    My $0.02. This could be a pre-emptive measure on the part of AILA. There must have been some talk at the state department of mid-month regression. This might be a strategy to scotch that. Raise a ruckus and send a message that we are prepared to file a law suit. Who knows? We are mere pawns in this grand game. Whatever happens, I hope people keep some perspective and not lose sleep over this.
    - Sri


    AILA members already milked enough $$$ for this year ..they will be first happy if dates go back ..repeat clients:)



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  • gc28262
    06-13 01:25 PM
    gc26...., It seems that you have missed the point again. Any logical person will have the capability to comprehend that this thread is against visa abuse in L1 category.. If you still didn't get it, objective is to explore the options to report abuse of L1. Benefits are: genuine people still get the opportunity, reduce over supply in market, not bring wages down etc.

    Its that simple. If you can give me 1 good reason to not bring this issue up, I can definitely discuss the issue. But, stop giving me this crap about raising voice and being right...

    Totally, non baseless argument by you and Ganguteli...

    I never said raising this issue is illegal. BTW I was not replying to "l1fraud". My comment was directed at "dilipcr" who is of the opinion that Grassley's bill is good and IV core and the forum should support it so that he can have a secure job.

    BTW is l1fraud or others raising this issue out of love for law ? no way. That was my point.





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  • nosightofgc
    11-06 09:14 PM
    Quick question -

    What about people with DUI etc? Do they stuck in Name Check Process? I take it the process is different them and they have to go through clerance for Finger Prints.



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  • lotsofspace
    01-26 10:37 AM
    They can make the list more readable by putting something like this
    "All African countries except South Africa"

    How about "all non-white people require a visa" :)





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  • Winner
    09-10 12:04 PM
    Got CPO email around 10.45 am today for both me and my wife. Big thanks to IV. Big thanks to Pappu, Jay, Aman, Anu ad all my wonderful IV friends. I will also continue supporting Iv and activities time to time.

    Congratulations! You deserve it!

    Thanks for all your efforts.



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  • pdakwala
    02-01 10:04 AM
    1. Legislation: The Future of Employment-Based Immigration during the next few weeks, Congress is scheduled to decide the future of
    employment-based immigration to the United States.

    Comprehensive immigration reform proposals by Senators McCain and
    Kennedy, Cornyn and Kyl, Hagel and Specter will be considered by the Senate in February.

    Each proposal contains a combination of the following elements: (1) a
    guest worker program; (2) stricter immigration enforcement; and (3) an
    expansion of the employment-based immigration system.

    The guest worker program is, by far, the most controversial part of the
    package. To President Bush and its Congressional proponents, a guest
    worker proposal is simply a way of creating a procedure to allow U.S.
    companies to continue to employ millions of foreign-born workers to fill jobs which American choose not to perform.

    Opponents of a guest worker program maintain that if employers simply
    raise their wages, American workers will do any job. Call me a "doubter".
    Our unemployment rate has been hovering around 5% for over a year. Yet,
    the Wall Street Journal recently ran an article about lettuce growers who,
    unable to harvest their crops, raised their rates to over $10 per hour. A few
    Americans applied, but none lasted more than a few hours. How many of the
    unemployed are willing and able to perform stoop labor in rural valleys?

    The opponents of a guest worker program refuse to vote for any program
    which looks like an "amnesty". Chairman James Sensenbrenner (R-WI) of the
    Subcommittee on Immigration in the House of Representatives puts it
    simply: "A guest-worker program that applies to illegal aliens already here is an amnesty." Representative Sensenbrenner and over one hundred Republican Congressman in the House of Representatives are against any "amnesty". Since Chairman Sensenbrenner will be the chief House negotiator in any Senate-House Conference Committee on an immigration reform bill, this spells trouble for any guest worker program.

    If the guest worker program does not include the 10 million plus
    illegal workers who are presently in the U.S., there is not the slightest
    possibility of either regularizing their immigration status or of deporting them.
    That is simply a fact, and building a huge fence on Mexico's border (no one
    ever suggests doing so along the Canadian border) with the U.S. will simply
    discourage illegal workers in the U.S. from returning home to visit
    their families. Also, it does nothing to stem the influx of illegal workers
    who enter the U.S. with visas and then overstay. Those in Congress who
    think that by criminalizing these people the problem is solved are kidding
    themselves and their constituents.

    The real solution is to look reality square in the face, and fashion a
    solution which will penalize illegal workers, but, at the same time, allow them
    to participate in a guest worker program that will eventually result in
    them becoming permanent residents of the U.S. Unless there is a light at
    the end of the tunnel for them, what is the incentive for them to come out of the shadows and register for the program? The McCain-Kennedy bill contains such a program.

    At least one ex-INS prosecutor (The one who writes this newsletter)
    knows that the government cannot solve the illegal alien problem by wishing it away, or by an enforcement-only approach. Ten years after President Clinton enacted a "get tough" at the border policy, the number of illegal workers in the U.S. has more than doubled. Congress must realize that, in the post-9/11, world, the United States simply cannot afford to have 10 million persons in the U.S. who are unknown to the government. Every citizen should write to his Member of Congress and tell them that he/she wants these people identified, fingerprinted, registered with the government, paying taxes and learning English.

    Whether or not the Congress enacts a guest worker program, the United
    States has another immigration problem that needs to be solved, and solved
    now. Our country is educating less scientists, engineers, doctors and nurses
    than we did when I graduated from law school in 1973. In the meantime, countries in Asia are graduating far more of these professional workers than does the U.S. Fortunately, many of these professional workers have been supplementing the U.S. workforce for the past 30 years. Unfortunately, during the past year, huge backlogs in our immigration system have developed, and many of the best and brightest of these professionals are choosing to stay at home. This does not bode well for our security and our industries.

    Our country is losing its manufacturing base. For example, the U.S.
    automobile industry is firing tens of thousands of U.S. workers and G.M. and Ford are edging ever-closer to bankruptcy. Why? Because the American public is choosing to buy automobiles produced by Japanese and German companies.

    Fortunately, thanks to the immigration of tens of thousands of Indian
    and Chinese engineers to the U.S., the top software, chip makers and
    biotech companies are still located in the U.S. But with our outdated
    immigration laws making it increasingly difficult for U.S. employers to hire talented foreign- born scientists and engineers, how long can America maintain its dominance in these industries? U.S. employers can vote with their feet the same as U.S. consumers. Make it impossible to bring a sufficient number of foreign-born engineers to the U.S., and Microsoft and Intel and other top U.S. companies will simply locate their new plants and hire their new engineers not in the U.S., but in India and China.

    Most of the bills pending before Congress would increase
    employment-based immigration to 290,000 annually. This would help insure that our country maintains its number one position in science and technology.





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  • Macaca
    12-05 03:52 PM
    Fact-Checking Dobbs (http://www.democracynow.org/2007/12/4/fact_checking_dobbs_cnn_anchor_lou) CNN Anchor Lou Dobbs Challenged on Immigration Issues Democracy Now, December 04, 2007

    Guest: Lou Dobbs, anchor and managing editor of CNN�s Lou Dobbs Tonight. His latest book is �Independents Day: Awakening the American Spirit.�

    JUAN GONZALEZ: �CNN anchor Lou Dobbs may be the most important person in the 2008 presidential election aside from the candidates themselves.� That�s the opening line of a recent column by Christopher Gacek on the website Politico. Gacek goes on to write, �The bundle of concerns that Dobbs and his audience have about globalization, trade, diminished American sovereignty and immigration will be ignored by politicians at their own peril.�
    As anchorman and managing editor of the show Lou Dobbs Tonight, Dobbs has used his nightly program on CNN to help make immigration one of the most discussed issues of the 2008 campaign. Dobbs describes himself as an independent populist. He titled his latest book Independents Day: Awakening the American Spirit. His previous book was titled War on the Middle Class: How the Government, Big Business, and Special Interest Groups Are Waging War on the American Dream and How to Fight Back.

    AMY GOODMAN: Lou Dobbs also has his detractors, especially when it comes to immigration. He has been called the most influential spokesperson for the anti-immigration movement, and he�s been accused of being a fearmonger who vilifies immigrants and promotes xenophobia.
    But Lou Dobbs�s message has struck a chord with many viewers. Lou Dobbs Tonight is the second-most-watched program on CNN, and there�s even talk that Dobbs might make a possible run for the White House. Wall Street Journal columnist John Fund reported last month friends of Dobbs say he�s seriously contemplating running for president as an independent.
    Lou Dobbs joins us today in our firehouse studio for the hour. Welcome to Democracy Now!

    LOU DOBBS: Great to be with you.


    AMY GOODMAN: Are you running?

    LOU DOBBS: Absolutely not. It�s the last thing I could imagine. If I were a candidate, I can assure both of you that I would be the candidate of last resort in this country. That�s about 300 million people in line ahead of me.


    AMY GOODMAN: Well, you�ve written the book Independents Day. That�s with a �ts� at the end of �Independents.�

    LOU DOBBS: Right.

    AMY GOODMAN: What is the main thesis of this book?

    LOU DOBBS: The main thesis is that both political parties�the Republican Party, Democratic Party�have failed the American people, have, rather than held up our central fundamental national values as the standard to which all of our public policies should repair, has submerged them in trivia, wedge issues, and partisan blather and nonsense that is ultimately destructive to the American dream.

    AMY GOODMAN: What do you think are the most important issues today?

    LOU DOBBS: The most important issue in this country today is representation of the American people in Washington, D.C., which is being denied right now by corporate America, special interest, group and identity politics that are submerging the will of the majority in this country. The fundamental tenet of any democracy is representation of the will of the majority, and that is being denied through elitists in both business and government and politics. And we have to fundamentally examine where we are and where we want to be going over the course of this next century. And that is not happening, not in the presidential campaigns of both parties. It�s not happening in Washington, D.C., even though we have a government in which the Democratic Party is leading the Congress, and the Republican Party, the White House.



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  • gcwait
    09-02 08:34 PM
    please send me email so that i can subscribe this service





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  • amitjoey
    07-11 01:50 PM
    Lets focus on US media. I have sent emails to ABC, CNN , DallasNews so far none of them covered :-(

    Thanks for your efforts, every effort counts.



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  • gtg506p
    01-09 08:46 AM
    gtg-Georgia Tech alumni?

    Yup. PhD ME Class of 06.





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  • cbpds
    04-01 12:45 PM
    Rodnyb,

    The below number is depressing, however dont you think DOS/USCIS always believe in keeping buffer and they may push the dates somewhere into 2009 just to accept 485 filings?

    Why do think they will stop keeping any buffer?

    [QUOTE=rodnyb;2494192]Teddy, I agree some of your data. Mine would be (90% confidence level)
    0 pass 09/31/2007



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  • dontcareaboutGC
    04-05 03:10 PM
    I am posting this from Ron Gotcher's forum-

    "Cite as "AILA InfoNet Doc. No. 11040563 (posted Apr. 5, 2011)"


    Following-up on his earlier observations on EB-1 demand and "spill-down" to EB-2 reported on InfoNet on March 29, 2011 (InfoNet Doc. No. 11032960), Charlie Oppenheim discussed scenarios for EB-2 movement in the coming months. In preparation of the May 2011 Visa Bulletin, DOS will consider the approximately 12,000 unused EB-1 numbers that will "spill-down" to EB-2, EB-2 demand and possible unused numbers, and will consult with USCIS on its processing potential. A quick look by DOS at this point indicates that there is the possibility for greater advancement of the India EB-2 category than had earlier been thought. Doing so will give DOS better visibility into EB-3 upgrade demand in the pipeline, and will better ensure that all visas allowed annually are used. However, a rapid advance could spur a surge in demand that could impact the cut-off dates later in the year. The May Visa Bulletin, generally issued mid-April, will contain a discussion of visa availability projections for the remainder of the year.





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  • gc_on_demand
    09-12 07:32 PM
    ------------------------------------------------------
    Update
    ------------------------------------------------------

    We have learned that in all probability House Judiciary committee will finishing marking up HR5882 in the next committee meeting. The bill is likely to be brought to the House floor the following week. We have been told that if our bill(s) pass the House, Senate will include the language of the bill(s) in another Senate bill that has majority support. We must admit that the time is shot but its still possible.

    We request everyone that starting monday, please call all the members of Judiciary committee. Thanks to the members who have already made phone calls to the lawmaker's office. We request you to please call again to show your support starting Monday.

    Thanks,


    You have given me new ray of hope... I will re call commettie members as well as local congressmen again.





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  • casinoroyale
    01-25 10:22 AM
    Emirates is good. No TV hassels. JFK to HYD trip is good because it starts at 11pm but on the way back it was little painful because you start your journey at 4 am in the morning and if you are a person like me who can't sleep at irregular hours, then it can become painful sitting for long time in the flight.



    We are planning to make a trip to Hyderabad, India along with my wife and my little baby boy. After reading all of your experiences, I am not sure which one should I opt for. We have an expired Visa on passport, planning to Use AP. As we are travelling first time with the little baby boy, I am looking for some hassle free flying. I stay pretty closer to Harrisburg, PA ...thanks





    english_august
    07-11 12:27 AM
    You are missing the "Support from Bollywood" article from your website! We will keep reporting here. Thanks for doing a great job.

    It has been updated now with that information.





    Ramba
    08-07 12:56 PM
    US court already clearly given vertict to BS+5 years alone itsef qualify for EB2. It was a major ruling against INS.

    US educated (or holding master degree) is no way superior than holding BS+5 years experience if job requires more experience . Similarly BS+5 years is no way superior than MS, if job requires absolutly Masters degree (like research).. So dont compare each other, as each has its own merits. Education and experience cannot replace each other.

    However, One can send a petition to DOL/USCIS to deny the second LC/140 application if an employer files two LC/I-140 for a single person (same employer -same beneficiary) for a similar kind of job, just to help the employee to line jump from EB3 to EB2. This may work to stop abusing the system.

    Read this before you go further ..

    http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2000_register&docid=fr03jy00-111



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