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  • advad
    07-16 01:49 AM
    Hi there,

    Here is my situation, any help to resolve this is appreciated.
    - My self (primary) & my wife's(derivative) I-485's (PD June 2002) were filed in March 2007.
    - My I-485 was approved in July 2007, my wife's was pending due to NC.
    - My wife's employer filed PERM (PD June 2007) & then filed I-140 in March 2008.
    - We recently contacted NSC regarding my wife's case status, we received a letter from them stating that, her I485 is waiting for I-140 to get approved.

    They linked her new I-140 to her pending I-485 that was filed as derivative.Is this USCIS error?.How to correct this error and have them consider her I-485 application as a derivative application?.

    Thanks for your help.

    [COLOR="Blue"]Your attorney should get in touch with the USCIS.This situation can be sorted out with informing the USCIS. In case you require any assistance please get in touch with me.

    Thanks for your response.My attorney sent a letter explaining the situation along with relevant documents.How long does it take to get updated?.It's been 3 week s and i still don't see any updates to the case.
    How can i get your contact info?.

    Thanks





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  • reddymjm
    09-23 04:32 PM
    the day this becomes law..it would be better for all of us go home, bcos tht means lawmakers are ready to do anything to get some money and they know this country has gone down beyond repair.
    and the day it becomes law..i am sure the situation in this country will be so bad tht most of us wont even have jobs at tht time.

    Our Social Security, Taxes, Medicare. USCIS fee. Whole USCIS lives on us.





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  • Aah_GC
    07-13 05:00 PM
    Okuzmin,

    All I meant was - TN is again just a visa after all and is just another version of the H1B hell. You ought to do better than just working for some one to pursue your American Dream right? What use it is to keep looking for an employer, extending your visas - is that not just a glorified version of H1B? True freedom is when you could quit an ass of any employer and come back home with your head held high :)





    TN is not a modified H1B. With TN you do not have a dual intent: you cannot apply for a green card straight through TN status -- you would have to adjust your status to H1, L1, or any other immigrant status and only then apply for a green card.

    TN is given for two years. You must be a Canadian citizen (not just a PR!) to qualify for TN status. Mexican citizens must obtain the actual TN visa, while Canadians don't. There are occupations that do not qualify for TN status.

    Your wife can just as easily file for a TN in her occupation. Yes, you need an employer in the USA to get TN status, but I don't see a big problem with it. I work for a relatively small IT company (about 90 employees), and we hire people from anywhere in the USA and Canada. Our recruitment personnel conducts online and phone interviews, and a job offer can be made before the candidate ever visits our state. I'm sure many companies follow the same practice.

    With TN you get stamped at the border (Canadian, not Mexican :)) -- and welcome (back) to the USA! If you follow the guidelines, it's very simple to get this status. I'm not sure which country gets your taxes, though. Since I'm quite a few years away from my Canadian citizenship, the information I currently have was sufficient to satisfy my curiosity about TN status. ;)

    Another interesting idea about Canada-USA work/immigration popped up today in conversation with my immigration lawyer. If you have a managerial position in a company that has offices in USA and Canada, you can jump on L1 visa. This will let you file in EB-1 category if you want to go for a green card. There are some additional requirements: you need to work as a manager in the company's branch in Canada for at least a year; when you apply for a green card, the company will need to prove that the Canadian office will keep operating after you get your green card and leave Canada. Nevertheless, it's a possibility that is definitely better than EB-3 or EB-2.





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  • krish2005
    01-16 06:18 PM
    http://www.murthy.com/news/n_repatt.html dated March 2006

    I discussed the matter of the Consular section requiring end-user client (http://immigrationvoice.org/forum/#) letters. Many H1B employers and employees, as well as several AILA attorneys, have approached me as well as the Murthy Law Firm, inquiring about this. The matter deals with the fairly recent requests for letters from supervisors of the end-user clients. These requests require the end users to outline the nature of the job to be performed by the H1B visa candidate, provide details of where the candidate will work, the length of the project, and the need for a specific H1B employee by name and other details. Unfortunately, most end-user clients are not willing to comply with such an onerous request. The very reason for the end-user client to hire an outside consulting company is to minimize the burden of administrative or HR responsibilities. Moreover, the law does not require such detailed letters for the issuance of H1B visas.
    �MurthyDotCom
    I respectfully summarized the position of many of you, our clients or those using candidates who apply for the H1B visa at Chennai, as follows.

    End-user clients generally will not issue letters to the consulate, as they do not wish to get involved with the H1B process. The very nature of the employment relationship, when hiring through consulting companies, is to avoid or minimize the work related to hiring candidates.
    Employers who sign the H1B documents do so under penalty of perjury and must pay the required prevailing wage, irrespective of whether they have assignments for the H1B candidates. The employer may decide to send the candidate back to his/her home country if enough assignments cannot be found.
    Legacy INS (now USCIS) raised many similar issues, in the early- to mid-1990s, regarding the length and nature of the projects in the U.S., timetable of assignments, and the H1B employer�s ability to pay the required prevailing wage. Senior Legacy INS officials from headquarters in Washington DC addressed the concerns of those examiners by pointing out that the law does not permit them to investigate a U.S. employer�s ability to hire H1B employees. The USCIS is bound by memos and policy guidance of the Legacy INS. After that memo, Legacy INS stopped issuing lengthy RFEs on these matters.
    The law does not require any such letters by end-user clients for the issuance of the H1B visas to the visa applicants.
    Delays in the issuance of H1B visas cause many of the employers considerable financial (http://immigrationvoice.org/forum/#) loss and postpone the implementation of projects. This results in the additional loss of revenues and credibility with their clients, due to their inability to produce in a timely fashion the required specialty-worker candidates.


    Thanks for the post. Is there such a requirement when there is a renewal of H1B ?



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  • lahiribaba
    10-09 05:32 PM
    china an economic superpower..;-)..good joke..

    China is not a superpower economically? you must be still in your 1980s time capsule ... in a few years China will definitely have as much economic clout as US...and FYI there domestic consumption is now big enough to sustain them.

    It is not simply that...immigraion is not always abt economics..its more and beyond... the US vision of a global melting pot has nothing to do with purchasing power of educated immigrants....

    Yes immigration is not about economy only but a vibrant economy is the direct result of infusion of more skilled human resouces. Since you are in a self imposed time capsule my friend let me remind you it is not about being a melting pot anymore it is about being the salad bowl where everyone preserves their own identities yet affirms to a common goal. It is prehistoric to still not link vibrancy of economy with immigration. Like President Bush said "When immigrants assimilate and advance in our society, they realize their dreams, they renew our spirit, and they add to the unity of America.
    ".. It is time that folks adjusts themselves to the new world reality.

    every desi here thinks he is that elusive golden goose..that the US govt has been waiting for...and to prove that they are ready to shove their hand up their arse and pull out the golden egg and exchange it for a piece of card..:rolleyes:


    I did not recall mentioning anything about your favourite fairy tale of a goose and a butcher and some eggs. My point is that this economy can be fixed by letting the aspirations of legal immigrants run free which include setting up businesses , raising families , buying house etc. Yes the GC is a way to free those aspirations.


    i dont know who your financial advisor is who is suggesting that u buy a house in an economy that is in recession..:mad:

    Well it is upto someone to see the glass half empty or half full. There are lot of people who is of the opinion that it is a great time to buy .. buy low sell high .. that is the mantra.

    btw..thanks for those red dots..

    No freaking idea what you are talking about.





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  • logiclife
    05-10 05:19 PM
    The slowness that results because of employer petition and bureaucratic delays(backlogs centers) and quota delays(retrogression) IS A HUGE PROBLEM. Please read my original post.

    I am not saying that US system is perfect. I am saying that the employer-petition(if working properly and speedily) is better than points-based system(as two different comparable methods of adjudication for immigration) to protect the workforce from oversupply of labor.

    If current system wasnt a problem, our work would be done. If the whole GC process took less than 2 years, it would be not bad and being stuck with one employer for 2 years is probably workable for most people.

    And yes, please dont get me wrong, IV has not changed its goals or diluted its goals, I am merely voicing my opinion on the debate/discussion over different countries' immigration system and how they stack up against each other - both for immigrants and for those countries.



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  • shreekhand
    08-15 01:40 PM
    Couldn't have agreed any more than this:

    Don't make a big deal of Shah Rukh's detention:One For The Road:Anand Soondas's blog-The Times Of India (http://blogs.timesofindia.indiatimes.com/onefortheroad/entry/don-t-make-a-big)





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  • gsvisu
    07-12 11:04 PM
    Canada immigration is simple & straight forward.

    No expensive lawyers are required or any lengthy procedures. Just self do. Also look at the currency rate of US and Canada almost same... Tax is a little high but medical is fully covered.

    You need to fill forms,send all your education, papers etc and LO ! you are done and get PR Card. Some of my friends got it in less than 2 yrs.

    go to http://www.cic.gc.ca/english/index.asp and you can apply on your own.



    P.S: I am not an lawyer. Just another frusted GC wait, wait no reply candidate.



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  • alien007
    07-22 08:56 AM
    2005. The guy at the college said to the FOBs (including myself)...Dress in your best suits, we are goin to a business meeting! all of us got excited. the meeting was attended by people of all colors. felt good that desis are heading it! then i joined paying around $250. Slowly came to know that its not my cup of tea. The quickstar guys have only few brands of softdrinks and other amway products, always nagging others to join in, faking a spontaneous friendship. The speeches they give at the meetings are all almost the same. they seem to have a standard text, and have an aquired american accent. they talk abt being financially independent, but losing perspective, friends, decency. after a few weeks, i got my refund, and pulled out.

    2006. TX. a stranger desi lady was being so friendly to me and my friend in a Walmart. After sometime when she was trying to give her hubby's contact details, i walked away. my friend was caught up, and he wouldnt come! I got many follow up calls from her abt business meetings. i said NO.

    2007. a friend of mine comes to Florida from India to do a phd in chemistry. calls me up and says im coming to DE for a meeting. you should come! he said it wasnt abt chemistry. I could immediately smell some amway stink. i advised him not to go for it. im glad he and a lot of others stopped getting into this quickstar quicksand.

    I mean, the weeds are everywhere! and at all times.

    Just like Telemarketing is regulated at the federal level from using deception, i hope this amway mania is kept under check as well.





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  • garybanz
    12-14 02:15 PM
    Federal Equal Employment Opportunity (EEO) Laws

    The Federal laws prohibiting job discrimination are:

    Title VII of the Civil Rights Act of 1964 (Title VII), which prohibits employment discrimination based on race, color, religion, sex, or national origin;

    the Equal Pay Act of 1963 (EPA), which protects men and women who perform substantially equal work in the same establishment from sex-based wage discrimination;

    the Age Discrimination in Employment Act of 1967 (ADEA), which protects individuals who are 40 years of age or older;

    Title I and Title V of the Americans with Disabilities Act of 1990 (ADA), which prohibit employment discrimination against qualified individuals with disabilities in the private sector, and in state and local governments;

    Sections 501 and 505 of the Rehabilitation Act of 1973, which prohibit discrimination against qualified individuals with disabilities who work in the federal government;

    and

    the Civil Rights Act of 1991, which, among other things, provides monetary damages in cases of intentional employment discrimination.

    If no one (including the Govt.) is allowed to discriminate based on national origin then how can the Govt. discriminate on EB Emigration based on national origin ?

    I think this is a fair question and most Americans in my work place agree with me. I don't know if we will win the case or not but if we win we can get

    1) Removal of country based quotas
    2) recapture of Visa's lost due to country based quotas

    If we lose the case we will at least get more attention of the national media, it's up to us how we manage the media attention and have a positive effect on the popularity of our cause.

    IMHO taking the opinion of the best attorney on constitutional law can not hurt. :)



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  • Macaca
    06-26 09:39 PM
    I think they will retrogress after using next year's quota that opens up in Oct (??).

    They want to collect all applications since workload estimation is a huge problem with USCIS, DOL, FBI, ...





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  • FinalGC
    07-22 02:21 PM
    I have been following this thread for last couple of days and I feel I need to make few points. I remember when this amway/qucikstar thing started several of my close friends got entangled and tried to involve me. However, every time I bailed myself out by clearly mentioning to them "Right now, making lot of money is not in my top priorities. I want to focus on my carrier." Fortunately, I was able to fend off the proposals and clearly make my point.

    In this thread, several of you are mentioning to ridicule, diminish, embarrass, and even socially out casting an amway/quickstar member. I feel its going a little bit too far. If you dont like to be in the amway/quickstar business stay clear of it, nobody will be able to force you in it. Setting up anti-amway websites, sharing names of the "bugging" amway members, distributing their phone numbers, and destroying their social reputation is harming the person personally, not the amway/quickstar business. We all know by now the amway/quickstar is a scam, majority of its signed members end up losing valuable time and money. How do you feel if some of your mentioned action emotionally push a distressed person off the cliff. Think about it a bit !!!

    Dear Friend:
    The frustration that all these people state is because of the bitter experience most of them had. The whole business model of Amway is created to con people to get into business. When you understand that part.....every person who has some contact with Amway will have some disgust from their past.

    Btw....if you see most of these guys arguing do not have much to do.(including me.:-) ).......this is one masala discussion and everybody is jumping in and passing their time....Nobody is intentionally ridiculing them...all people are trying to say is BEWARE!!! Njoy this discussion and move on buddy...:-)



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  • walking_dude
    12-14 04:45 PM
    I find it abominable that there are still some humans(?) left in this century who want special benefits based on their race and country-of-origin in this 21st century !

    It's time people were measured on merit instead of he is Indian, Chinese or some other nationality. Eliminating country quotas is part of IV strategy on the homepage. If someone has issues with it, well you are working against IV strategy !

    Stop dividing people based on ethnicity - Indians, Chinese and others. Every one deserves equal opportunity, not based on their country, race or color (all abominable ideas to me) , but purely on merit.





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  • krishnam70
    07-10 01:42 PM
    Wish you the very best byeusa......

    I might be moving to Canada next summer if there is no progress in my case here...My PD is Nov 2003 EB-3...I got my Canadian PR in May 2005 and I have until May 2008 to move.....So keeping my fingers crossed..I too work for a Canadian company in US.....Wish you good luck...


    we have until july 2008 to move in to canada, lets see its probably bye bye usa if something does not happen until then. tired of waiting for this elusive GC, my story is verry verry similar to byeusa..



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  • NNReddy
    06-15 07:14 PM
    Guys, I am sure everyone in this forum will get greencard, unless they don't want it. You just need to be patient and wait for your turn. My priority date is 06/03 and EB3. I am pretty sure, I should get my GC by EOY 2011. I am in this country since 1997. Just hang on to your jobs or find a job if you loose one. You will get your GC. GC shouldn't stop you from pursuing your interests buying house or starting a business, there are always ways to do it.





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  • at0474
    12-14 05:17 PM
    Are you saying that because someone like that does not qualify for EB1, all they are doing is not wishing to compete on merit? Are you saying a teacher is not deserving of a green card.

    --No. I did not say that.



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  • webm
    10-02 11:50 AM
    Hi ,

    My husband is a GC holder. For some family reasons we would like to stay in INDIA for couple of years(or maximum time we can). I know we have to apply for a reentry permit. Is it a tough one to get and how early should we apply for it.

    Thanks in advance

    From Murthy.com Article:

    In order for one to be considered as properly maintaining LPR status, a green card holder must be maintaining a permanent residence in the United States. If one is outside the U.S. for a period greater than either six months or 180 days, the immigration inspector may start questioning whether the permanent residence has been abandoned. Being outside the U.S. for such periods of time can also be a problem when applying for U.S. citizenship.
    �MurthyDotCom
    If such an individual just makes an annual or biannual visit/s to the U.S., it may appear over time that s/he is spending more time abroad than in the U.S., and actually is living and working abroad. Then the individual is at risk of losing LPR status. If one plans on an extended stay outside the United States, it is possible to apply for a reentry permit before leaving the U.S., valid for a maximum period of two years. Such a permit would greatly facilitate reentry to the United States.
    ---------------------------

    It should be a doable process provided all the required proof/documentation..





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  • greencard_fever
    07-23 12:02 PM
    USCIS is already did the ground work required to Use up all the left over visas. I am assuming based in the following theory

    1) We have seen in the past in USCIS director interview ( i do not have the link for this) that USCIS and DOS is working closely ( This was lacking in the past) to approve as many cases as they can to use maximum VISA number.

    2) By looking at the approvals from last 4 months, who ever i know whose PD's were current got their GC's.This indicates that USCIS is working efficiently then it was before to Use up all the VISAS.

    3) Lastly i assume that DOS was moving the dates for EB2 consistently for last three visa bulletins and we all know that for August (last Quarter) it has moved by 2yrs+ (DOS and USCIS waited till last quarter to do this which makes more sense),I believe the reason behind this to use all the Visa Numbers and approve as many cases as they can.

    This what i am assuming by looking at the recent VB movement and GC approvals.





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  • chanduv23
    02-14 02:22 PM
    Please be advised, that IV will not endorse this. If people are gathering here and in places like , please form your own mailing group and proceed.

    Those who are on this thread, if you have not yet sent the letter to President for the Admin fix campaign, please send it, and help IV make the grassroots campaign successful.





    ivar
    08-16 02:15 AM
    What use is this thread? How does it serve the purpose of IV. I see emotions flaring up time and again with every "incident" that media sensationalizes. Its high time administrators here took control of our messaging otherwise anti-immigrants are soon going to pounce on this. I sense an under-current of hatred in some posts as well. I am going to stop coming here if this mindless stuff does not get stopped from being posted. Personally I don't even think that forum should be on the home page.

    ezee,

    Well i guess i need not extend this topic any further.. because as your post above says that this thread is not leading to any fruitful discussion. I assume forums are a place to discuss and exchange views and ideas and what better place than IV to discuss immigration issues.. i don't understand your point. Still if this thread doesn't serve any purpose i will edit and remove all my post on this thread. Thanks everyone for sharing your views. I have edited all my post and marked them as DELETED. Its really difficult to figure out which is a good discussion and which is not, anyways i will stop here.





    acecupid
    06-28 07:25 PM
    I got very stable news that only July 485 applications will get approved

    Whats the basis of your statement ? Source of info ?



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