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  • samay
    07-15 05:10 PM
    Dear Attorney,

    A million thanks for this website. I have a unique problem and I humbly request your expert advice on my situation.

    I am a physical therapist from India who got 221(g) after H1B interview. 221g tells me to take and pass the physical therapy licensing exam before they could issue the visa. I have Visa Screen certificate from CGFNS, educational equivalency report and approval letter to take NPTE exam(licensing exam) from physical therapy state board of Maryland.

    The problem is that, licensing exam is offered only in US mainland and to take the exam they should have given me H1B visa. I even submitted to the consular officer, USCIS memo on H-1B Specialty Occupation Licensure Requirements dated March 21, 2008 regarding 1 year temporary approval, still she gave me 221g.

    One more interesting thing is that 3 of my friends who had the H1B interview with the same set of documents and without licence, with other consular officers on same day, was stamped visa without a question on licence.

    Kindly advice me if there is any way I shall sucessfully appeal on 221(g) and get the H1B visa stamped. Thank you very much in advance and god bless you. With lots of regards,

    John
    Do you have an attorney. If yes then contact him if not then please contact me and we can discus your successful appeal.





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  • bfadlia
    02-15 02:22 PM
    u r missing my point..
    Again you are saying it's a SKILL cap. We can agree business may hire whoever they please but don't pretend that they only hire based on SKILL..
    when someone says let business hire the "best and brightest", that's my problem, he implies the best and brightest are concentrated in only two countries so that's what's insane, that's why he won't be taken seriously.
    cheers.



    Yes skills don't need a cap. If I am a business owner, I have all rights to hire best and brightest in the world. It is my choice whom I hire not Government tells me where to go for hiring. Business may hire from India or Antartica, it should not be anyone's damn concern. Let the free markets work !!! This is insane





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  • new_horizon
    03-27 02:08 PM
    I cannot think of any one good leader left in india. not one who can rise above self-interest and narrow mentality. Can you imagine any one of the so called leaders that was mentioned in this list leading the nation, and not be a laughing stock? remember deva gowda at davos...made a mockery of India there. Mayawati/modi, etc. what kind of leadership qualities (international affairs/finance/etc) do they have? the only kind of experience they have is gundaism, and creating conflicts with caste, culture and religion.
    I wish most of the current class of leaders were erased, and a new class of leaders were brought in. Sadly that'll never happen with the kind of democratic setup we have. in the name of representation, we are debarring intellects, and people with broad vision from joining politics.





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  • Macaca
    06-28 07:51 PM
    I am analyzing for EB-2 (India). The current date for EB-2 India was Apr 1 2004 for month of June.

    Retrogression started Oct 1 2005. Before Oct 1 2005, persons with PD < Oct 1 2005 (remember PERM) could have submitted I-485. Some (not all remember namecheck) of these would be ready for adj June 1st 2007. These applicants can be divided into 2 categories: those with PD <= Apr 1 2004 and those with PD > Apr 1 2004.

    Applicants in first category will get GC in June and applicants in 2nd category will get GC in Jul. These applicants can exhaust 2007 quota.

    USCIS is taking 3 weeks for notification of 485's submiited in June. I would be very surprised if they process a June submission in < 3 months. So chances of June applicant using GC number are low.

    USCIS knew # applicants in above 2 categories: this appears trivial. If these applicants exhaust 2007 quota, USCIS knew that quota will get exhausted in Jul. The date can be of their choosing since the work involved must be pretty low.

    A similar analysis can be done for any other category. Correct me if my dates are wrong.



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  • GC08
    01-28 04:09 PM
    :mad: They should stop the so called substitution.





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  • nojoke
    12-12 04:36 PM
    I don't think anything like that will happen ..first of all it is not easy at all ..definitely many will leave (especially lot of people who just crossed the borders are moving back and the joke is that they are building a wall to prevent people from leaving :)).
    but I do think that one way or the other something will happen in terms of faster immigration in the next year ..or else I don't know from where will they find so many buyers of houses ..look at this article about Georgia ,..which people kept saying -- that there is no bubble .
    (look at the print in bold ..I am still wondering if it is a misprint or real ..117 months supply of homes !!! ..the other funny point is that bankers are running after builders with hot rods :D).
    ----------
    The housing market is so bad that some banks and builders that had been business partners are now adversaries, and experts are using the dreaded �D� word.

    �In northeast Georgia we�re not in a housing recession, we�re in a housing depression,� Jim Williams, president of Southern Highlands Mortgage in Blairsville, told state lawmakers at a daylong hearing Wednesday. �The retiree market, the secondary market has all but dried up. There are no homes being built.�
    � Your guide to metro Atlanta foreclosures

    BUSINESS


    Likewise, Eugene James, head of the Atlanta division of the research company Metrostudy, said the 22 metro counties it covers �are in a housing depression right now.�

    James said sales closings were down 44 percent for the third quarter, compared to the same period last year, and housing starts had plunged 67 percent. The metro area also has about 148,000 lots with infrastructure but no homes � a 117-month supply, he said.

    Legislators are trying to figure out what they can do to encourage home buying and rescue residential builders. The General Assembly convenes next month, and new bills might be introduced calling for tax incentives, expanded down payment assistance or reductions in home building regulations.

    �A down payment assistance obviously would be very, very beneficial to citizens,� Lt. Gov. Casey Cagle said after speaking to the joint economic development committee.

    A federal down payment assistance program ended last fall and the current state down payment assistance program, Georgia Dream, is limited.

    Sen. Chip Pearson (R-Dawsonville), co-chairman of the meeting, was intrigued by a California rescue plan that Chuck Fuhr, Ryland Homes� Atlanta division president, described.

    In the 1990s, the California Public Employees� Retirement System began making loans to home builders and investing in residential projects in order to turn around that state�s faltering housing market, Fuhr said. The CalPERS program was so successful, it expanded out of state, he said.

    �Almost every small builder I know today has his bank knocking on the door, trying to collect his loan and put him out of business,� Fuhr said. If builders continue to fold, competition will lessen and home prices will escalate, he said.

    Kurt Cannon, president of Rabun Builders and the Home Builders Association of Georgia, said at the hearing that worried bankers have turned on builders, even those with good credit, by calling in loans and threatening to sue.

    Cannon presented several pages of e-mails he�s received. A Paulding County builder wrote: �The president of the bank replied back that five of the seven bank presidents in the county had lost their jobs and he was not going to lose his. �I am going to foreclose on the property you have here. Then I am going to come after you personally and sue you for the money you owe me and everything else you have.��

    Maybe you are right. But I think that the main problem is not housing. It is the export/import imbalance, manufacturing jobs(maybe other jobs) leaving US etc. The housing boom, which was selling and buying to each other at higher and higher prices, masked the real problem in the economy. Government can do all it can to stop the house price sliding, but then what? We cannot generate economy again by buying and selling house to each other. People are asking 'where are the real jobs?'



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  • caliducas
    07-24 07:12 PM
    a) Now you can pay for 80% of the list you mentioned using Internet and e-seva kendras

    b) With Right For Information act you can drag people to thier knees if someone asks for bribe.

    d) You can have to see the move Die Hard 4

    e & f) what about the products here from China

    g) Well it depends on the kids


    Actually, It's not any different from latin american countries. I'm from Venezuela. My sister is in India right now and she says that she's having problems with power failures, flooding in the area where she lives, and other problems. That's not any different from our country when we don't have water for hours almost every single day, plus everything that has been said here that is inconvenient.

    So I would say like others have said in this forum. Think about your kids and the future of your family before making such an important decision since it's not only about us.

    Good luck everybody with your GC!!!





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  • onemoredesi
    05-19 08:57 AM
    Thanks for the advice friends.
    My brother applied and got his GC approved through labor substitution. It was really safe in the past. With the proposed bill to abandon the labor substitution, I'm a little concerned if it is alright to proceed.
    I've talked to one of the attorney's and he mentioned that the Labor substitution will not likely go away as during the comment period they received a number of objections. But, nothing is certain.

    My other concern is if the proposed immigration bill does some good to the legal immigrants, then whatever I am doing will be a waste and I'll be losing all of what I have in my current company (I am very well setlled in a multinational company in a good position). I am torn apart whether to take that risk or to stay put in the existing company.
    When do you think the BEC's might complete the processing of existing backlogged applications?
    When do you think any of these amendments will be implemented?
    Lots of questions.. Your responses are highly appreciated.

    Thx,
    1MoreDesi!



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  • voldemar
    03-27 10:22 AM
    My Q' was, if it becomes effective on 27th April, will USCIS reject all pending cases ?It depends on wording in final memo. Nobody knows what is there. The only text we know is that was published for comments. There could be changes after comments period. Without changes all pending sub cases (without approved I-140) will be denied.
    Edit: It seems that Murthy doesn't agree with me :). Let's see.





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  • justAnotherFile
    07-12 10:15 PM
    byeUSA,

    can you send your story to pratik, as requested on homepage. I think yours is a compelling story and will help others in IV even if you have already made your decision



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  • kittu1991
    07-16 06:02 PM
    EB2 is current now..."EB2 will be current within a year" gives an impression that EB2 which is not current will get current in one year...
    He is talking about Eb2 India.





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  • chantu
    07-21 06:58 PM
    Total (EB1+EB2) from 1998 to 2007 --> 35737, 23401 , 47821, 84222, 78484, 29859, 63825, 107328, 58871, 70859



    So IN THE WORST CASE the total (EB1+ EB2) Visas for 2008 are

    48934 + 48934 + 11,148 + 2,000 = 111,016



    IN THE BEST CASE, ASSUMING USCIS USES ALL 28,795 unused VISAS of AC21 FOR 2008 AND THERE WOULD BE 5,000 UNUSED EB4 VISAS, THE TOTAL EB1 AND EB2 VISAS FOR 2008 ARE GOING TO BE 111,016 +3,000(EB4)+ 2*(28,795/3) = 111,016 +3,000+19196 = 133,212



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




    Type and class of admission 1998-- 1999-- 2000-- 2001-- 2002-- 2003-- 2004-- 2005-- 2006-- 2007


    Employment-based preferences 77,413-- 56,678-- 106,642--178,702--173,814--81,727--155,330--246,877--159,081--162,176

    First: Priority workers 21,375-- 14,844-- 27,566-- 41,672-- 34,168-- 14,453-- 31,291-- 64,731-- 36,960-- 26,697

    I am amazed by your calculations and how much effort you put into this. What is the conclusion come october. EB2 I will move fwd or will be current or will be retrogressed?



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  • kaisersose
    02-12 06:15 PM
    To fix the problem for everybody need both (1) increase in visa numbers and (2) remove/increase country quota, IMHO.

    Only India and China & one or two more countries will support the removal of country limit. The rest of the world will actually oppopse this move as it will have a negative impact on their processing times greatly.

    There was a discussion on this on sometime ago.





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  • gomirage
    06-17 07:22 PM
    Outsourcing is bad for not only for US citizens but also for future H1bs and GC aspirants also.
    Still all the jobs cannot be outsourced. Also if that would have been the case I would have been out of job. But My salary was increasing steadily and in this tough economy also I was able to get a new job with 20% rise in pay after I lost job . There are many companies in USA who are only hiring USA citizens and discouraging outsourcing. Wherever I was working I discouraged those companies from outsourcing but encouraged them to hire h1bs ,GC holders or US citizens. Many start up companies in California cannot afford to do outsourcing because of tight release schedules.

    oh yeah !!! Like the companies in this story.



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  • onemoredesi
    05-15 08:38 PM
    Hello Friends and my fellow GC awaiters..
    I have my labor pending for the past 3 yrs (my PD is Aug 2003) and have been waiting for ever. Inspite having a Master's I did filee in EB3 just because I work for a large company which does not allow to file in EB2.

    Anyways, I came across a company who said that they have a pre approved labor (late 2002) priority date. Is it wise to go for it or wait for something in EB category to move ahead?. I have at least 1 yr 3 months on H1 and will not have any other options except to stay in the company after 3 months.
    Is it worth taking the risk and go with the labor substitution?
    The second question/advice I'd like from you is:
    If I go back to the same company after 6 months because of some issue with the labor can I still preserve my 2003 PD?
    Pls let me know your opinion.
    Thx a lot guys.

    Hope is a good thing, maybe the best of things. And no good thing ever dies
    1MoreDesi !





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  • gcisadawg
    03-28 12:58 AM
    Well, Varun or for that matter Rahul, neither belongs to Gandhi Clan nor Nehuru Clan.
    They are Batliwala's! Grandsons of Feroze Ratan Batliwala!

    Btw, Feroze Batliwala was one of the greatest parliamentarian. His grandsons are acting like jokers!

    Rahul Gandhi ==> Half Italian, quarter parsi, quarter Kashmiri pandit
    Varun Gandhi ==> Half Sikh, quarter parsi, quarter Kashmiri pandit.


    http://news.rediff.com/column/2009/mar/27/guest-column-tarun-vijay-on-dynasty-and-the-varun-effect.htm
    Those who opposed the Ayodhya temple movement, wore silence over the plight of Kashmiri Hindus, damaged the Ram Sethu [Images] and denied Lord Rama [Images] ever existed, denied the violence at the Godhra railway station, and embraced the butchers of 1984, are collectively gunning at Varun Gandhi's [Images] political life.
    Column after column by Padma Shris in the media have created an atmosphere where supporting Varun has become a sin. Why? The simple reason is that the farmhouse of Gandhi-Nehru politics has been broken and a scion of the family chose to speak out as his conscience directed.

    More than what Varun said or didn't say, it is the hurt and bewilderment over the loss of a Gandhi to the saffron brigade that has made the media and anti-Hindutva politicos react with such venom and acid. He was not heard, not given a chance to present his case, nor did forensic experts examine the so-called proof in the form of a CD containing his speech.

    Varun has suddenly dwarfed the media-supported Rahul.

    Nobody has ever heard a dynasty member to say with understandable assertion that he or she is a Hindu. Rather, they have always tried to look differently at things. They banned Hindu organisations, imposed the Emergency, removed basic human rights, never willingly facilitated the Sikh massacre probe, rewarded hardened criminals, made alliance with those who were convicted for murder or were facing scandalous charges, had the Muslim League join the government after Partition. Yet, they are nice, decent, peace-loving, patriotic democrats who love to tell others: 'Go read the Gita.'

    When Indian soldiers were fighting Pakistani marauders in 1947, we didn't have enough jeeps. So orders were placed with the British company and supply demanded immediately. Our high commissioner in London [Images] V K Krishna Menon, Pandit Nehru's [Images] blue-eyed boy, messed it up. The jeeps reached a year late.

    That was the first scandal in independent India.

    We lost Gilgit, Baltistan and Skardu. We lost Aksai Chin because the government in New Delhi [Images] didn't know the exact boundaries and so no patrolling was being done there.

    In all we have lost 125,000 square km to the Pakistanis and Chinese during Congress rule.

    Plus we had a bad dream called 1962.

    At that time our ordnance factories were making coffee machines as Pandit Nehru openly argued against having a well-equipped large army for defence. 'Who is going to attack us?' he would ask.

    And people still remember the mysterious death of Dr Syama Prasad Mookerjee, who simply wanted Kashmir to be a part of India like Bihar or Bengal and the permit system to enter the valley be abolished. Kashmir had two rulers then, its ruler was called Sadr e Riyasat or 'head of state', and it had a prime minister. Mookerjee's martyrdom compelled the Nehru government to remove the permit system and the two heads of state.

    Then we had the Mundhra scandal, the Nagarwala case, the L N Mishra murder. The Jana Sangh's fast-emerging leader Deendayal Upadhyaya was murdered. A Congress leader canvassed openly against the official Presidential candidate and supported her own choice as independent nominee. The original Congress symbol was a pair of oxen. After the official Congress broke up, they got the hand as a temporary symbol till the case is finally settled. It would never be.

    Opposing Sonia Gandhi's [Images] sudden rise in politics only on the grounds of her foreign origin were leaders like Sharad Pawar [Images] and P A Sangma. Old Congressmen still feel sad that they lost dynamic and promising leaders of substance like Rajesh Pilot, Madhavrao Scindia and Jitendra Prasada, who could have steered the Congress on an entirely different and strong nationalist course. And a veteran like Sitaram Kesri was humiliated no end.

    The only non-dynasty prime minister to run a Congress government for full five years successfully was insulted even in his death and his body-in-state was not allowed to enter the Congress headquarters in New Delhi. An airport in his home state to be named after him was opposed to by Congressmen although the proposal was put forth by an Opposition leader.

    This is how they treat their party leaders not belonging to the family. They amended, abused and twisted the Constitution, put the entire Opposition behind bars for an undisclosed period and were harsh on the unyielding masses.

    Yet, they are the democrats and secular lighthouse of freedom of expression and liberty.

    They kept India backward in such a planned manner that even after 62 years of independence we are yet to have a spacious functional airport in the national capital, 70,000 farmers committed suicide in one year, decorated soldiers returned their medals in protest and a movie on our poverty-stricken 'slum dogs' fetches the Oscar. And they loved illegal infiltrators for the sake of their votes -- and still they say they are the inheritors of a freedom struggle that demanded the ouster of aliens.

    No electoral reforms, no police reforms or strengthening their morale and weapons, the administration is still run the way it functioned during the Sahebs; and despite having won a well-fought war in 1971 we couldn't settle the Kashmir issue or control the jihadi tail-wagger in the neighbourhood.

    Minorities were so well supported in Congress regimes that in the sixth decade after independence they felt a need to provide special crutches for them. Show the 'M' card and get the privilege, became the new secular psalm, further shrinking the space and opportunities for the condemned majority.

    More than anything else they tried to wreck the morale of the assertive Hindus who faced the onslaught of invaders for 12 centuries with unparalleled bravery and with invincible spirit to protect their culture and the fragrance of the land. They deserved to be comforted most after a fractured independence and a massacre that was thrust upon them by a weak Congress leadership. Yet, a large section of Hindus today feel cheated and anguished.

    They form governments in 12 states, prove they can run the country beautifully with a coalition of 25 parties with diametrically opposed ideologies. And one of their Swayamsewaks unfurled the tricolour six times from the ramparts of the Red Fort [Images] as the prime minister, impressed world leaders and the international media with a record of infrastructure-building, communication revolution and women's empowerment, chose a Muslim to be the President and conducted Pokhran II by fooling the CIA's 'eyes', and resisted extraordinary world pressure and sanctions.

    Yet, they are called anti-development, anti-women, even anti-social. In not a single so-called mainstream media outlet are their views published, but every news item is scanned to hurl stones on them through editorialising on the front-page.

    Still, they are the very objective face of our independent media.

    The choicest abuses used by 'decent guarantors of the freedom of expression' columnists and editorial-writers can be collected as a bouquet of India's uncivilised lexicon, yet their films against the very spirit of Hindu nature get widely supported by a regime that survives on Hindu money and votes.

    Their love for development and secularism is so deep that they can send dredgers to destroy a million years of faith and marine life because that was Ram Sethu, but won't dare to touch a six feet by six feet dargah in the middle of the road blocking the highway and causing accidents, for fear of annoying a vote-bank.

    And then they say, they are the future of India.



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  • NKR
    02-13 10:16 AM
    I couldn't agree more with you. The limited number of GC is definitely a critical factor. But we have contributed to this mess ourselves. Look what happened with EB2 India. Did India started producing EB2 talents overnight? No; rather we started polishing our resumes with inflated years of experience and job description so that we can apply to EB2. The system is too liberal and based on trust. If employers start scrutinizing resumes and certificates a lot of applicants will simply drop off from the GC queue.

    I do not fully agree with you. There could be inflated years on a resume but for EB2 one needs to provide experience letters showing five plus years experience. Not many companies give out false information in the experience letters.





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  • chanduv23
    02-15 11:48 AM
    Thanks for an excellent research and arguments. Some of the arguments are well presented.

    Well, if you are not ready to lead and we do not have anyone else to lead then whats the point of forming the yahoo group? Please don't get me wrong, I am just trying to find out the objective of this yahoo group.

    I think lazycis taking a step forward towards the creation of a group, but does not seem confident he/she will lead the group, but I am sure will definitely lead the group





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  • sunnymit
    07-30 10:30 PM
    Dude chill relax. I am just having fun here. Read the two sentences ur self and conclude. That could be one of their approach too. I am not denying it:p

    any words/sentences taken out of context can mean different things than the original intent. For e.g. here is what you said...

    "Dude chill relax. I am just having fun here. Read the two sentences ur self and conclude. That could be one of their approach too. I am not denying it"

    Anyway.. Dude... chill relax... no pun intended here :)





    NKR
    02-15 06:52 PM
    For the most part I think you're right. When I did my master's we were less than 10 white people in 200 in that major. Most of the indian people in there (about half of the 190) were H4s studying while the spouse came on H1 directly from India. And while I had to pay international tuition they got the in state resident tuition.
    When I finished my degree might I add in the top 5 of those 200 I had a hard time finding a job while my colleagues each knew someone who helped them land a job a lot easier. I did ok for myself in the end and I have many Indian friends so don't take this as an anti-indian post. But there are definitely advantages to be part of a big group that is concentrated in an industry.

    That being said, I don't think that we would be having this discussion in a normal world in which the GC numbers are enough. So stop the bickering and work towards increasing those numbers. That will make life easier for everybody.


    If the spouses are allowed to work, then their one or two years salary is more than the international fee that you paid. Who is the biggest loser.

    H4 people going to college is just a miniscule compared to the number of desi students who come here with a good GRE and GMAT scores.





    gjoe
    02-14 03:27 PM
    How many of us who contributed to IV mentioned that in the AOS application form I485. I guess you are supposed to disclose your affiliation to IV, atleast when you are a contributing member. If this is true most of us will automatically disqualify for a GC because we failed to disclose information truthfully


    .
    also as i said earlier- someone needs to stand up publicly and be a leader. and one leader is not enough. needs a team. that team must be willing to disclose identity etc publicly, if they are to collect money. in any case a lawsuit is very public and anonymity is not an option. these are the very basis of starting such a project. no one has yet responded to this affirmatively. a lot of yes votes do not mean anything. someone(s) needs to be willing to stick their necks out with time, money, effort and a very public profile.

    just my 2c.


    BTW I will contribute upto $1000 for this lawsuit initially. I think Law suit is the rightway to go. We should not be afraid to file a lawsuit. We have come halfway around this world to make our careers and life in the USA knowing well that the bodyshoppers will exploit us until we get our GC. We are in a situation were we never even dreamed before that a govt agency like USCIS will also keep our lifes in limbo like the bloodsucking bodyshoppers. Now it is our turn to step up and take the fight. We will not lose anything even if we fail, afterall our lives on this earth is nothing but a fight for our survival and what we believe in.

    LET US RISE UP AND MARCH FORWARD.



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