Monday, July 4, 2011

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  • ArkBird
    04-02 03:30 AM
    愛你的幽默感 :)

    ok. I will open a thread titled "who after hu" and put a poll in it too.

    In case you are wondering who is hu... (pun intended)

    http://en.wikipedia.org/wiki/hu_jintao

    胡锦涛

    happy now?

    Come on dude, don't be a 爛屄





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  • paskal
    12-13 06:46 PM
    unless someone has some concrete information to convince me otherwise.

    the visa lottery has not been discontinued, CIR 2007 would have done that- if it had seen the light of day. dems will never let it go if they control things. pubs hate it on the other hand..





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  • visves
    06-28 09:51 AM
    I think the 40,000 number is the wastage predicted by the ombudsman at the prior rate of approval that was prevalent earlier in the year. This probably implies that CIS would have used about 100,000 numbers at it's prior rate or about 25000 per quarter. This in turn would imply that CIS would have roughly 40000 (predicted wastage) + 25000 (last quarter's numbers that might have been used had CIS continued at it's earlier pace) = approx 65000 available starting June 1. I highly doubt if this could be used in just a month or two.

    But all said and done, whatever the real number of visas that's available I feel it's in everybody's best interest to just apply at the earliest they possibly could.


    My take on this is that if 40,000 visa numbers remain for July, August and September, then USCIS by itself cannot use 40,000 visa numbers in one month alone (i.e. in july), because the DOS just supplies them monthly quotas. So, if you take approx. 18,000 per month, you are looking at 18,000 for July and 18,000 for August. Then, USCIS have to use them. Which means USCIS has to approve 18,000 petitions in July. As, I have heard that USCIS just started out sending finger print notices this month, because Priority Dates moved a lot in June 2007. Now, the fingerprints, will come in and forwarded to FBI for security clearance. That will take atleast a month. And, all petitions activated for clearance in June 2007 won't get adjudicated till August 31, 2007, because it takes atleast three months, for a case to approve and the visa number to be used. (Remember Visa numbers are allocated on visas used and not how amny people applied). Please share your thoughts. Thats my 2 pennies.





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  • nozerd
    03-19 06:57 PM
    Please see answers in blue below

    so you mean to say that if I try to enter in fourth year, then itself I have to go to an immigration hearing and the judge would decide whether he would let me stay or not ?

    Please see the following link for all details

    http://www.cic.gc.ca/english/newcomer/res-oblig.html

    Also can I apply for CA SIN staying in USA ?
    I think you can apply via fax, but would have to give someones address in Canada to actually recieve it.

    Should I be filing taxes there ?
    No you shouldnt if you are not residing in Canada and have no Canadian income. You would if you had Canadian income or you were residing in Canada but working in US.

    How do I get an address if I dont stay there ?

    Same way you got an address to receive your PR card. Friends, family etc.

    Thanks for your help.
    You are welcome.



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  • Lasantha
    12-14 03:45 PM
    Good summary but let me also add the observation that eliminating the per country quota alone will not bring the desired benefit unless the following are also implemneted

    1) Increase of the total EB quota
    2) Exclude dependents from the quota
    3) Re-capture unused visas from past years.


    To summarize the discussions on this thread:

    Yes, it is 7 % for all countries.

    Now it is manifestly obvious that the 7 % figure is arbitrary, and not fair. That much we can all agree on.

    The real question, as raised in the first post of the thread by soljabhai is:

    (A) Is that constitutional?
    (B) (And this is the real question): If it is, what should we do about it?

    Intelligent questions, both.
    The answer to (A) is not clear. We need a competent constitutional expert to opine on the matter.
    For (B), (which is what the thread is really all about), there are lively discussions with differing views.
    lazycis has presented good evidence that the case is not cut and dried legally. It might be unfair, but those are the laws.
    mbartosik, alterego, me and others have argued (from different angles) in terms of pragmatism. (Cost is not worth the benefit)
    garybanz, soljabhai, and others have argued that it is worth it (Cost is worth the benefit).

    Anyway, agree or disagree, its an interesting thread with interesting posts..





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  • gc4me
    03-27 10:19 AM
    I did some internet search and found this Q&A in murthy.com
    Cooool...people go ahead with LC Sub.

    Q. I have a pending green card case based on a substituted labor. Do I need to worry about this proposed regulation?
    �MurthyDotCom
    A. It would not seem to affect pending green cards based on substituted labor, as long as the substitution was not being requested through the DOL. This regulation prohibits substitution through the DOL. So, if it were to go into effect, it is possible that it would end all pending requests for substitution of beneficiaries made to the DOL.
    �MurthyDotCom
    Most substitution requests are made via the USCIS at the I-140 petition filing stage. This involves labor certifications that have already been approved, and the substitution request is made in the filing of the I-140 petition at the USCIS. The regulation attacks this process by making labor certifications valid for only 45 days. Thus, all I-140s would have to be filed within 45 days of labor certification approval. Even if the regulation were to pass, however, it does not appear that it would have the power to terminate pending I-140s (even if based on LC substitution). If the cases are proper when filed, it does not seem that the regulation would extend to pending USCIS cases since the proposed regulation is a DOL, not a USCIS, regulation. If it were a USCIS regulation, then it could impact pending I-140 cases for which the labor certification is over 45 days old at the time of filing - not just LC substitution cases. Those cases with approved I-140s do not appear to be vulnerable to this proposed regulation.


    How do you now that? Any sources?

    If text of the proposed memo will be the same, then all pending I-140 based on LC substitution should be denied.



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  • _TrueFacts
    09-04 11:28 AM
    Wow!!! this is just crazy>>>

    Over 100 die after YSR's death, son appeals for calm- Hindustan Times (http://www.hindustantimes.com/Over-100-die-after-YSR-s-death-son-appeals-for-calm/H1-Article3-450319.aspx)




    People dying for corrupt politician..God Save India





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  • garybanz
    02-15 10:32 AM
    Cyrus Mehta would be a very good attorney to consult on this matter, check out http://www.cyrusmehta.com/ for his details.

    I had contacted him earlier about the possibility of a class action against per country limits, he gave me a free consultation and basically told me why i did not have a case.



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  • alterego
    12-07 10:38 AM
    no comments so far ? and this thread is still visible ..so I guess either people have given up or no one cares (this is weekend ..so I guess less people online).
    but I will repeat one last time ..if we cannot link housing and immigration ..then I don't see how anything else can help (can someone educate me).
    for eg if we say US is losing talent and brains are leaving ..then I don't think anyone will care especially when economy is down (many natives will be happy I guess).
    lawsuits will not help as USCIS will show that they are following law and/or they are understaffed / underfunded.
    - flower campaigns or writing to USCIS only will only help flower companies / postal department
    flower / letter campaigns help ..but we need a clear plan and lets do brainstorming or atleast show some activity !!
    ---------
    before someone jumps ..let me clarify that I am not suggesting that immigration will solve the housing problem totally ..but immigrants do constitute a very important segment of buyers.
    - we don't have to suggest increasing immigrant quota ..but only recapture and tell that these people are already in USA ..majority of them will get GC one day or the other ..this will just speed up the process so that people can settle / buy houses faster
    - I don't think u can come up with law saying if u buy house u will get GC ..focus should only be on faster GC and processing ..faster decision is helpful to US too ..as those whose cases will be denied due to law breaking etc ..will be denied sooner.
    and hence no distinction between those who are renting and those who are already owners

    Not only are immigrants an important category of buyers, but the few who took the leap of faith in this country and bought, might actually be forced to sell into a down market and exacerbate to pressure if this mess is not sorted out.
    This current inaction is a dumb policy in many ways IMHO. I hope visa recapture happens soon. If they want to slow down immigration, they ought to do it at the F1/H1b/L1 level/Labor certification. Not at the 485 stage, which is what visa recapture legislation is all about.





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  • lacrossegc
    09-25 11:48 PM
    IMHO ... The reason why the bailout is needed is because credit is tight, no one has the money to lend any money to ANYONE no matter what your Credit Score is. They want money NOW and cannot wait till people will comeup and buy a home. This idea of attaching immigration related stuff will fly only if you are willing to pay a full house price and no mortgage is needed. In essence ... expanded EB5 program in the lines of the following points
    1) Temporarily Increase EB5 nos to around 40,000 to 50,000.
    2) Expand eligibility to persons and their dependents who buy homes worth 150% to 200% of national avg housing price at full payment.
    3) Program sunsets in 1 month of enactment



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  • jsb
    06-04 12:57 PM
    Giving an interim GC while visa number is unavailable will have the effect of bypassing the entire GC quota system. How do you want the interim card to be different from the final thing? No way that anyone in Congress will allow for their laws to be overridden through USCIS rulemaking.

    I just used the term Interim GC to convey the idea, it could be named anything. It could also be mere letter "...your application for AOS has been approved....formal card will be issued when visa number becomes available". EAD is a also a partial GC, it gives you rights of a GC holder pending administrative processing of your application - to work with any employer. The interim GC (or whatever it should be called) may provide all rights of a GC holder, awaiting final count in the legal register of permanent residents (due to legal need of numeric limitations) and the final card, just like a temporary driver license you get immediately after the road test. The idea is that once this stage is passed, no further questions on employment, marriage certificates, etc. should be asked. It should reduce burden on USCIS too. They have to keep on checking again and again on validity of everything we write in our application.





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  • Legal
    07-21 05:30 PM
    Unused Family Based VSAS are 32k in 2007!!!!
    For 2007 we had an availability of 226,000 Family Based Visas. But the issued visas in 2007 in Family Based are 194,900 visas. That means there are 226,000 MINUS 194,900 = 31100. These 31,100
    unused Family Based Visas have been made available for 2008 Employment Based Visas of 140,000. And USCIS has 28,795 unused VISAS of American Competitiveness in the 21st Century Act of 2000 (AC21).

    That seems to be correct interpretation. This makes me dizzy, too good to be true. :D

    The Family visas spill over is something I couldnt understand. They are retrogressed by > 10 years for many categories. Is that conflicting with spill over? Why would there be spill over with such backlog?

    That's because of per country quotas. There may be millions waiting for 15 years under the brothers and sisters category, but once they hit the country limit they are done. The unused numbers may go to brothers and sisters of petitioners from non-backlogged countries. If not, these numbers will flow to EB.



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  • samay
    07-22 11:39 AM
    I am in the 6th year of H1B. 6 year term expires in March 5, 2009.

    My Company filed LC in June 2008.

    Assuming my LC is cleared by this year end, I-140 Filed around Jan 2009.

    Can i get 7th H1B Year extension, if my company files H1B extension by Feb 2009.

    In which cases 7th Year extension will be rejected.

    If your LC gets cleared by the year end you can apply for I-140 by premium processing and once that gets cleared your company can file for a three year extension for you.





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  • samay
    07-28 04:09 PM
    Hello All,

    I travelled by car to Quebec-Canada and came back to US thru vermont on AP since my H4 visa stamping has expired. I was given an I-94A which has no expiry date and also is says single use. They didn't take my old I-94 and issued me a new one with no expiry date. Can any one please tell me if they had the same expirenece or should i contact the Immigrations and ask them to issues a new I-94?

    I read through a couple of forums and know that all were issued an I-94 with 1 year expiry date. What is the significance of that Date? I am asking this because we cannot travel on the same AP since the AP will expire in 1 year from the date of issue and hece we cannot use the AP even though the I-94 has 1 year validity.

    Hope some one can throw some light on this.I
    AP's are generally issued for multiple trips. I am little confused by your question. Could you please specify why is it that you think that you cannot use the AP again.



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  • immi_enthu
    07-26 05:34 PM
    I am not with Amway or Quixtar but I think the folks with Amway/Quixtar are under represented on this thread and it's not fair :-)

    Just to add another dimention to this thread I will play the devil's advocate :D

    Here I go ...

    You guys are all wasting your free time bitching on this thread where as we are spending all our free time growing our business. We will retire early as we would make $xxxx/month for nothing when we turn 40 and dont need to work anymore where as all you guys bitching about Amway / Quixtar will still be working hard at your jobs till 60.

    What's your response ?

    :D:D:D:D





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  • pmat
    04-09 10:36 AM
    I have some questions about the Canadian immigration application:

    1. Birth certificates: They are asking for the Birth Certificates with the application. I and my wife don't have our birth registered in India. Can we provide birth certificates that the Indian embassy sends for this purpose? For US I-485, we were planning to use Non-availability certificates.

    2. Experience Letter: Will a notarized letter from colleague work for showing work-exp in India. Please note that I already have over 4 yrs of experience in US after that - for which I will manage to get a work exp letter from my company.

    3. Status in US: My H1B is valid until Oct 2009, but I don't have the visa stamped on my passport (last H1B visa stamp expired). Can I send a copy of I-797 to prove my status? Also, my wife's F-1 visa has expired but she has a valid I-20 until Dec 2007. Can I send copy of I-20 for proving her valid status in US?


    I would really appreciate if someone can provide insight in these concerns.


    Thanks,
    pmat



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  • fairman
    08-18 10:12 PM
    I'm not from India, so you know how non-Indian will look at this issue.

    First of all, thanks to IV for helping our cause.
    Same as vinzen, that I usually just browse through this kinda topic, but I can't help to reply.

    Have several question:
    1. How many non-Indian in USA that watch bollywood movie? So, what makes him a high profile in the eyes of Immigration officer (IO)? Do we need to educate all IO to recoqnize all the actors in India, Pakistan, China, Japan, Korea and all others?
    I personally never heard of this SRK guy before reading this thread. So how would you guys expect the immigration officer, who's mostlikely non-Indian, would know this guy? I agree with Pappu that says "He is a famous actor to a very very small minority Indian Community in USA".
    2. Looking at how he make big deal of this in media. He probably cause this delay by himself. I can imagine the conversation at the immigration office as (copying all the answer from Ryan's earlier comment on what he's asked for when he came here):
    IO: Why are you visiting US?
    SRK: Do you know that I'm SRK?
    IO: Who do you work for?
    SRK: I'm SRK, now let me pass.
    IO: Where will you live in US?
    SRK: I'm SRK
    IO: How long have you been in US?
    SRK: I'm SRK
    IO: Do you have family here?
    SRK: I'm SRK
    And it goes on and on for 66 mins or 2 hrs until he finally realize that he's a nobody in US.

    This is the kinda thread that non-Indian will laugh at. There's lots of non-Indian that goes to this public forum (such as me). Just trying to help IV to not lose credential just because of this sorts of "indian" exclusive thread.

    This is not "Indian" thread. It is purely a North Indian thread. He is popular only in North of India.





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  • chanduv23
    06-27 07:29 AM
    It doesnt say anywhere that they can change PDs in the middle of the month. What they are saying is that based on data collected from the "total number of files at point of approval" they can change PDs. But it doesnt say that they can change PDs in the middle of the month.

    If anyone has a URL or source of information that shows the USCIS stopped accepting petitions in the middle of the month even when the dates were current, PLEASE POST THE URL OR SOURCE.

    Otherwise this is bogus information coming out of certain law firms.

    And this community is so scared that they have started seeing what they believe rather than believing what they see. The cynicism and psychosis has reached such alarming levels that people are seeing things even in Ombudsman report that dont exist.

    :D :D :D :D The most successful people in the world are cynics.
    People who initiate this kind of news - have been popular Attorneys. No idea why they do it - maybe to get more people to file and more money etc...





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  • ujjvalkoul
    08-30 11:14 AM
    Once you get ur Canadian PR, how long can we "not go" to canada. Will the PR expire if we do not land in canada??





    Ramba
    07-17 11:42 AM
    The was no change in law and still there was a change in interpretation based on the current state of EB2, so this interpretation will change once some other category needs spill overs. The is no law which states spill over should be horizonal or vertical or diagonal :) It merely says that DOS can decide how the spill overs should flow.

    DOS (or any government agency for that matter) cannot interpert the law differently for each year. One law and one interpretation. It can't follow the different set of rules when implementing the law each year. Initally, INA was designed to follow vertical spill over (diversity was important than preference catagory). But, AC21 law ameneded the INA to force the DOS to implement horizontal spill over (preference catagory is important than diversity). However, DOS was still follwing verical spill over evenafter the AC21 act till 2006. If DOS followd the law correctly, EB2-I and Ch would have never been retrogressed since 2005. Lucky for DOS, no one has challanged the DOS. Now they realized the mistake and follow the law correctly. They follw this till if congress changes the law.





    Macaca
    07-04 08:49 AM
    Chanduv thanks for your efforts. A correction: retrogression started in fall of 2004
    I think its is Oct 1, 2005. Please verify!



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