Saturday, June 25, 2011

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  • desi3933
    06-29 05:02 PM
    .
    The case was dismissed due to request of Joint Stipulation of Dismissal by the parties involved. Each party agreed to bear their own fess, costs, and expenses.

    .

    .





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  • anilnag
    03-29 12:44 AM
    Guys MY PD is feb 2008. I am recently watching vias bulletins. I am in EB2.
    Based on my watching previous visa bulletions ( after sep 2008) I dont see that it makes major difference if you file in EB3 or EB2.
    Both are backloged very much and sincearly I dont hope inspite on being in EB2, I will get EAD or GC till 2015.

    What are your thoughts, is it worth filing in EB2?

    I think it's worth filing in EB2 if you can. The way spillover is working right now, EB2 India is greatly benefitted. Also whatever data someone got from USCIS (through senator inquiry), there are less EB2 India pending (~50,000) than EB3 (~70,000) until July 2007.

    Last year India EB2 got ~15000 visa numbers. If the trend continues then within 3 years India EB2 cutoff will reach 2007. This is way better than EB3I, which I don't think will cross even 2003 within next 3 years.

    Please contribute for FOIA cause, which will give us more data for predictions. Hopefully we can predict with 80% or better accuracy once FOIA data is with us..





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  • WillIBLucky
    02-07 01:43 PM
    I think your company HR should get convinced for filing in EB2. The lawyer will hear what your company HR says. Yes its salary and designation that matters. I think a Senior with Masters and good salary can ask for filing in EB2. But if your HR by rule has decided that your position does not require Masters then you cannot file in EB2.

    Most of the big companies have this rule. If you are with a small company and your access link to HR is not hard then you can convince them to consider for EB2.

    Good Luck.





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  • hemya
    07-16 09:08 AM
    I have just sent it to Senator. George Voinvoich (R-OH) and Senator. Sherrod Brown (D-OH)

    I guess we are in the same area!!!:)



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  • aadimanav
    08-21 11:22 AM
    Until the recapture bill passes, this action items will remain LIVE!!!





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  • alterego
    11-03 12:45 PM
    I know this is not releated with Immigration. If you dont want to answer, that is fine. Just ignore this.

    I have money crunch in US. I have accumulated huge debt in my CC. In past I have sent some money to India, but now when I ask my parents to send it here, they tell it is not possible without losing 30%. This is what they heard from my bank. Any Idea on how to get money from India from my own account to which I have sent from here.

    What is the 30% for? Anyone with details on that.



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  • yabadaba
    07-18 09:53 AM
    then u have no options... either file ur 485 or dont...if u file then wait till ur priority date gets current and file ur wife's at that time





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  • waitingnwaiting
    05-31 08:26 AM
    ‘(C) qualified to be a candidate country due to special circumstances, including natural disasters or public health emergencies.

    ‘(2) ELIGIBLE ALIEN- The term ‘eligible alien’ means an alien who--

    ‘(A) has been lawfully admitted to the United States for permanent residence; and

    ‘(B) is a physician or other healthcare worker.

    ‘(c) Consultation- The Secretary of Homeland Security shall consult with the Secretary of State in carrying out this section.

    ‘(d) Publication- The Secretary of State shall publish--

    ‘(1) not later than 180 days after the date of the enactment of this section, a list of candidate countries;

    ‘(2) an updated version of the list required by paragraph (1) not less often than once each year; and

    ‘(3) an amendment to the list required by paragraph (1) at the time any country qualifies as a candidate country due to special circumstances under subsection (b)(1)(C).’.

    (2) RULEMAKING-

    (A) REQUIREMENT- Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security shall promulgate regulations to carry out the amendments made by this subsection.

    (B) CONTENT- The regulations promulgated pursuant to paragraph (1) shall--

    (i) permit an eligible alien (as defined in section 317A of the Immigration and Nationality Act, as added by paragraph (1)) and the spouse or child of the eligible alien to reside in a foreign country to work as a physician or other healthcare worker as described in subsection (a) of such section 317A for not less than a 12-month period and not more than a 24-month period, and shall permit the Secretary to extend such period for an additional period not to exceed 12 months, if the Secretary determines that such country has a continuing need for such a physician or other healthcare worker;

    (ii) provide for the issuance of documents by the Secretary to such eligible alien, and such spouse or child, if appropriate, to demonstrate that such eligible alien, and such spouse or child, if appropriate, is authorized to reside in such country under such section 317A; and

    (iii) provide for an expedited process through which the Secretary shall review applications for such an eligible alien to reside in a foreign country pursuant to subsection (a) of such section 317A if the Secretary of State determines a country is a candidate country pursuant to subsection (b)(1)(C) of such section 317A.

    (3) TECHNICAL AND CONFORMING AMENDMENTS-

    (A) DEFINITION- Section 101(a)(13)(C)(ii) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(13)(C)(ii)) is amended by adding at the end the following: ‘except in the case of an eligible alien, or the spouse or child of such alien, who is authorized to be absent from the United States under section 317A,’.

    (B) DOCUMENTARY REQUIREMENTS- Section 211(b) of such Act (8 U.S.C. 1181(b)) is amended by inserting ‘, including an eligible alien authorized to reside in a foreign country under section 317A and the spouse or child of such eligible alien, if appropriate,’ after ‘101(a)(27)(A),’.

    (C) INELIGIBLE ALIENS- Section 212(a)(7)(A)(i)(I) of such Act (8 U.S.C. 1182(a)(7)(A)(i)(I)) is amended by inserting ‘other than an eligible alien authorized to reside in a foreign country under section 317A and the spouse or child of such eligible alien, if appropriate,’ after ‘Act,’.

    (D) CLERICAL AMENDMENT- The table of contents of such Act is amended by inserting after the item relating to section 317 the following:

    ‘Sec. 317A. Temporary absence of aliens providing health care in developing countries.’.

    (4) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated to U.S. Citizenship and Immigration Services such sums as may be necessary to carry out this subsection and the amendments made by this subsection.

    (d) Attestation by Health Care Workers-

    (1) ATTESTATION REQUIREMENT- Section 212(a)(5) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(5)) is amended by adding at the end the following:

    ‘(E) HEALTH CARE WORKERS WITH OTHER OBLIGATIONS-

    ‘(i) IN GENERAL- An alien who seeks to enter the United States for the purpose of performing labor as a physician or other health care worker is inadmissible unless the alien submits to the Secretary of Homeland Security or the Secretary of State, as appropriate, an attestation that the alien is not seeking to enter the United States for such purpose during any period in which the alien has an outstanding obligation to the government of the alien’s country of origin or the alien’s country of residence.

    ‘(ii) OBLIGATION DEFINED- In this subparagraph, the term ‘obligation’ means an obligation incurred as part of a valid, voluntary individual agreement in which the alien received financial assistance to defray the costs of education or training to qualify as a physician or other health care worker in consideration for a commitment to work as a physician or other health care worker in the alien’s country of origin or the alien’s country of residence.

    ‘(iii) WAIVER- The Secretary of Homeland Security may waive a finding of inadmissibility under clause (i) if the Secretary determines that--

    ‘(I) the obligation was incurred by coercion or other improper means;

    ‘(II) the alien and the government of the country to which the alien has an outstanding obligation have reached a valid, voluntary agreement, pursuant to which the alien’s obligation has been deemed satisfied, or the alien has shown to the satisfaction of the Secretary that the alien has been unable to reach such an agreement because of coercion or other improper means; or

    ‘(III) the obligation should not be enforced due to other extraordinary circumstances, including undue hardship that would be suffered by the alien in the absence of a waiver.’.

    (2) EFFECTIVE DATE; APPLICATION-

    (A) EFFECTIVE DATE- The amendment made by paragraph (1) shall take effect on the date that is 180 days after the date of the enactment of this Act.

    (B) APPLICATION BY THE SECRETARY- Not later than the effective date described in subparagraph (A), the Secretary of Homeland Security shall begin to carry out subparagraph (E) of section 212(a)(5) of the Immigration and Nationality Act, as added by paragraph (1), including the requirement for the attestation and the granting of a waiver described in clause (iii) of such subparagraph (E), regardless of whether regulations to implement such subparagraph have been promulgated.

    SEC. 3. NURSE TRAINING AND RETENTION DEMONSTRATION GRANT ACT OF 2008.

    (a) Findings- Congress makes the following findings:

    (1) America’s healthcare system depends on an adequate supply of trained nurses to deliver quality patient care.

    (2) Over the next 15 years, this shortage is expected to grow significantly. The Health Resources and Services Administration has projected that by 2020, there will be a shortage of nurses in every State and that overall only 64 percent of the demand for nurses will be satisfied, with a shortage of 1,016,900 nurses nationally.

    (3) To avert such a shortage, today’s network of healthcare workers should have access to education and support from their employers to participate in educational and training opportunities.

    (4) With the appropriate education and support, incumbent healthcare workers and incumbent bedside nurses are untapped sources which can meet these needs and address the nursing shortage and provide quality care as the American population ages.

    (b) Purposes of Grant Program- It is the purpose of this section to authorize grants to--

    (1) address the projected shortage of nurses by funding comprehensive programs to create a career ladder to nursing (including Certified Nurse Assistants, Licensed Practical Nurses, Licensed Vocational Nurses, and Registered Nurses) for incumbent ancillary healthcare workers;

    (2) increase the capacity for educating nurses by increasing both nurse faculty and clinical opportunities through collaborative programs between staff nurse organizations, healthcare providers, and accredited schools of nursing; and

    (3) provide training programs through education and training organizations jointly administered by healthcare providers and healthcare labor organizations or other organizations representing staff nurses and frontline healthcare workers, working in collaboration with accredited schools of nursing and academic institutions.



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  • GCAmigo
    05-14 11:16 AM
    When in Rome do as the Romans do.. start eating burgers & you will develop the much needed 'thick' skin.. that should keep you immuned to all those bickerings..





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  • shreekhand
    09-12 10:09 AM
    Oct 1.

    When does the new fiscal year start?



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  • americandesi
    01-15 12:10 PM
    My prayers are with the family members.

    let me quote from the news article:



    It appears that it might have been a robbery. And I feel the hospital did not do much to save his life. Since he was shot in the leg (the bullet might have hit the main artery) its still possible to stop the bleeding. I personally feel he could have been saved, unless we know the full story.

    I feel so sorry for the poor guy and their family. After all the hard work in life, he didn't deserve to die like this.

    Folks, please be extra cautious when you get into in your car.

    1) Always check the rear seat before getting in your car. A crook might be hiding there.

    2) When you get inside a car that is parked in a building ( with insufficient lighting or no people around), immediately lock the door. Thats the first thing you have to do, and then arrange the shopping bag or item that are in your hand.

    3) If some stranger is approaching you, be cautious, no matter how 'friendly' he looks. Think fast and look for exit signs and plan an exit run, should the need arise.

    4) I read long time ago, if in the worst case, say a carjacker who gained access inside your car and hiding in the back seat. And if you have not noticed anything and you just started the vehicle and are about to go, he puts a knife of gun and asks directs you to drive his way, then, JUST SPEED UP STRAIGHT AND HIT THE WALL OR PILAR AS FAST AS YOU CAN. The air bag would protect you after the collision, but the passenger(carjacker) would be thrown out or would have sever body injuries. You would have enough time to escape with minor injuries.

    5) Take precautions and don't loiter in areas that you not familiar with.

    Be safe, folks!!!

    Dude, are you serious about some of your suggestions? Do you watch too many action/scary movies? Most car’s driven by desi’s (Toyota’s/Honda’s) don’t even have enough leg room; leave alone a man hiding in the rear seat of the car.

    When there are so many luxury cars out there, why would anyone even to try to carjack our rundown cars? Even if a thief gains access to your car, why would he hide in the rear seat and wait for you, unless you’re a hot looking babe.

    Why don’t you go further and suggest that we need to check our bathrooms before entering cuz a psycho might be lying-in wait to pounce upon us while taking a shower.

    Your suggestion of hitting the car on a wall or pillar to avoid a carjacker is the last straw to put everyone’s lives in danger.

    Most of these incidents are straight forward. The bad guy asks for money, the good guy refuses or tries to put up a fight and gets shot. When you’re faced with a mugger/carjacker, always comply with their demands and leave quickly. That’s it.

    I agree, we need to be cautious of the surroundings. But not to the paranoid level of checking out every hiding place or hitting the car on a wall/pillar.





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  • India76
    05-21 04:35 PM
    Technically it should be your original receipt date , thats means your wife 140 should be processed now but guess what that happens only if TSC finds your wifes file , not sure where the tranfer cases are stored , If they use computer they will definetly find the case but looks like they find the cases by boxes ... I m in the same boat and waiting for 140 approval after transfer to TSC , hope they find our box one day

    Thanks for the reply..



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  • gcgamble
    08-15 10:35 AM
    From everything I've read before, it is safe to stay with the sponsoring employer for at least 6 mos.

    There have to be extenuating circumstances to leave earlier than that, and be prepared to elaborate during the citizenship interview.

    Citizenship is going to happen only after 5 years . But by then it would be long time gone .

    the only way that they could find out would be based on your tax return.DO they really scrutinize to that extent?





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  • blitzz456
    02-06 01:05 PM
    Hello mr sk

    Could you pls help-

    What is I140 tracking number? How to get it?(I don't have any info about my i140 - only that it was approved and I have h1 extension petition of 3 yrs based on that.)

    And did you request part info or full info therein? Your case is a light in tunnel- you got the info in about 3 months - right?

    Thanks much



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  • lost_in_migration
    09-20 08:17 AM
    red splotch for you?? No thats not true... See now you have two greens for defending Franklin:) Franklin (Tamsen) did an amazing job at the rally. No one who has attended the rally has any doubt about it.


    ok, that really ticks me off. This post is probably going to get me a red splotch, but you should'nt have picked on Franklin:
    I think all the work that Franklin did in preparation for the Rally and then at the Rally itself makes it obvious that she is better than most of the IV members (me included) who could not make it to the Rally.

    If you dont like the condescending tone of the voice of someone who has worked hard for IVs goals, feel free to stop coming to IV and posting here. Honestly why should someone here care about whether you like the voice or not when the voice speaks the truth?

    Look at all the blog posts and pictures of the DC Rally before saying anything against any of the volunteers who worked at the rally. unlike the people who are "trying to get permanent residency on their own right" these dedicated bunch of IV volunteers are trying to get permanent residency soon for all of us. See the photos, the videos of the speeches and then talk.

    What Franklin meant by that post (I think) was that IV is much more than a discussion board for reports of who signed whose Fedex package and what was the timestamp of the package. Its very important that we all actively participate in getting IVs goals met. The rally was a big, for-the-first-time event, and still people seem more excited by tracking receipt notices, and the short-sightedness of it all has made many people ticked off. The turnout could easily have been higher (like someone said, see the lines to the doctors office for getting medicals done when the dates were current, and compare that with how many showed up at the rally).





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  • sparky_jones
    02-23 01:38 PM
    Yes, most Attorneys advise against proactive filing primarily because AC21 has no formal process associated like form, fee, reciepting or standard. It is based on guidance, most times the AC21 docs may or may not reach your file.

    Some Attorneys advise the HR to proactively file for AC21. There is one company (huge) where when you are being offered a job on EAD after AC21 - the HR dept makes a big fuss - asks for all documents like copy if Labor, 140, 485 reciept any any other documents and then makes you sign G 28 and then file for a G28 change in Attorney and associate AC21 docs with those. I guess, the Attorneys charge money so it is a business. If RFE or denial - then more money.

    My recomendation is to hire a ethical and realistic lawyer and not a greedy one

    Assuming that AC21 documentation does reach my file, is there any harm in it?



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  • vkannan
    03-11 12:45 PM
    let us start May 2009 predictions.

    EB3-I 2003 October

    If at all something happens, it should be in July/August bulletin, forget the rest of the months prediction....lets have a peaceful few months........





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  • bsbawa10
    07-01 10:19 PM
    These ppl are talking about giving amnesty to ILLEGALS...let me repeat it.. amnesty=award for being ILLEGAL. They have done that before and all of a sudden we F'KIN LEGAL TEMP WORKERS from India/China have to worry about the LEGAL aspect of filing a law-suit.

    Something is seriously screwed up with this. This is no different than a pseudo-SLAVERY. Now all of a sudden most of you will say, no one put a gun on your head to work. Ofcourse not, but why hell do they create a dual intent H1FU?K Visa where they show you the carrot and create a indentured servant system and discriminate on the basis of the country of your birth. It is discrimination. Trust me when there was SLAVERY in the US , it was defined LEGAL.

    freedom_fighter, your words are very strong but everything you say is a truth.





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  • CADude
    07-06 12:58 PM
    Don't boil.. map_boiler. :D

    CAdude, possibly you're the person in DENIAL mode. You are free to take the chill pill or any other pill you want (I am not seeking your advice for that purpose anyways). If you have a direct response to the point I made, feel free to respond, otherwise, please don't bother...





    Humhongekamyab
    01-15 02:48 PM
    From the above link: "Police say the suspect fits the description of a gunman who robbed another man earlier this morning on Michael Road, and shot him in the leg. The victim in that incident is expected to recover".

    Indian news sites are saying the guy is dead! donno what to believe

    The news item was posted on January 13th and it appears at that time the guy was only wounded in the leg. I think he was declared dead in the hospital.





    chi_shark
    09-29 01:55 PM
    what are you? the policeman? let him write what he wants to... take it or leave it...

    no offense to anyone...

    No offense to anyone, you are still free to discuss anything you want.

    The purpose of this thread was to get information from the immigration point of view and wether its ok to start your company if you have 485 pending and what effect it might have on your GC process and also to get valuable information from people who have already started their own company.

    Guys Please post valuable information on this thread, so that it can help other people who are planning to start their own company.



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