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  • okuzmin
    07-10 04:47 PM
    Byeusa, the best of luck to you and your family! I'm in the same boat: already approved by Buffalo, just waiting for my second daughter to be born (any time now :)), and we'll be on our way to Canada. We plan to settle in Calgary, but after I've heard of the new MS office in BC, I might seek to go to Vancouver -- the time will tell.

    I've been in the USA for almost 13 years, got two of my bachelor's degrees here, 9 years of progressive IT experience. Three companies and three I-485 attempts later, I've been stuck in retrogression over the last 2.5 years. My family, my business, my life -- everything has been affected, much the same as for most folks on this forum. So, with two US-born kids we'll go up North; our friends are waiting for us in Calgary, Edmonton, Toronto, Montreal, or Vancouver.





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  • BharatPremi
    12-13 02:07 PM
    Discrimination in employment based on nationality is not allowed. However, can we extend the argument to the employment based immigration? We can always choose to take that promotion though we will lose our place in the queue.

    Leaving the question of fairness aside, under the current legal framework my guess is we do not have a case.

    Then fight for changing that constitutinality. Who made it? Why did they make it the way the made it? Slavery was supported legally way back.. If black community might have thought " They do not have a case" as somebody has created the constitution to suit their own need and "within the framework of that legality" "they do not have a case"... then still we may be seeing slaves around.

    I understand your point that we are not yet "citizens"... but for many fair practices society must not differentiate.





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  • Rb_newsletter
    01-13 06:16 PM
    GC is for future employment....this memo is only for H1B. Otherwise you can sue them.

    haha I wonder if they understand that rule. If they did, then why are they asking for pay stubs for past 2 years?





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  • bayarea07
    07-27 01:21 PM
    This is indeed a very entertaining thread, cannot help myself but laugh on reading the posts.
    But what is so amazing about these Amway folks is that now matter whatever way you argue with them they are utterly convinced that they will be millionaire soon.

    Whenever I am in a bad mood i try to remember one of the meeting that i attended where everybody was cheering for each others like 3rd grade kids.



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  • reachinus
    07-27 08:22 AM
    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





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  • rsharma
    09-23 10:10 AM
    Asking for exemption from quota will cause this proposal to fail. My suggestion:

    Of the 10,000 available visas per year for EB5, only about 3k to 4k are being used. How about if one buy a house and give a minimum $100,000 cash payment (not credit in US), he will get a temporary greencard from the EB5 visa pool. If after 2 years, the house is occupied and owned by the same person without problems with credit, he will get a permanent GC. This is on top of meeting the requirements of the category he is in.

    Sorry for bringing EB5 in my comments.

    This is just my opinion.


    I totally suppor this idea. This shows that we can use our innovation to bail out US economy and we try our level best to help the country we have selected to make our home. As the saying goes - A friend in need is a friend in deed. So a citizen(LPR or to-be-LPR who helps) in need is a citizen in deed.

    Earlier most of the time we used to cry about our problems - like wife not able to work or we are stuck in the same job and not able to get promotion.
    I do not think anyone cares if our wife does not work or we do not get promotions.

    People would care if we are able to show that giving us GC would help them in any way.

    So this is one of the best way to show that we would be able to help our part to bring up the economy.

    Thus I myself endorse this idea. Thanks Nixstor for putting forward this innovative idea to show that we all love USA and want this country to be economically strong.



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  • unitednations
    02-18 05:19 PM
    You are theorizing based on circumstantial evidence, but the history and origin of the country quota does not support your conclusion. The fact that the DOL and UCCIS would not be able to keep abreast of illegal behavior is not something that would have been known at the time the country quota was introduced.

    The other issue with your theory is that the abuse you are referring has its roots in the fact that the employer controls the green card process not the country quota. If I really want to abuse the country quota I would change my name and get a fake SSN / green card and wait for the periodic legalization initiatives or even simpler, get a birth certificate from the right country.


    Brother; I am also an immigrant. At high levels; I think there should be no quota on employment base.

    The purpose of EB is supposed to be to match an employer with a foreign worker because there is no willing and able American to do the job. Either a company needs a foreigner or they don't. They can't wait for years upon years because of a quota system. I look at sports as an example. In sports there is no quota that only a certain amount of foreigners can play baseball, football, etc. However, other sports leagues around the world (canadian football, european hockey, japanese baseball) have an import quota. However, the best sports leagues are right here in American because they want the best players. American soccer hasn't taken off because the best players aren't here; they are in europe.

    Any reasonable American, politician would agree that if an american can't be found then they should be able to hire the foreigner with the least amount of interruption in their business. At high level and without any prejudice people would come to this conclusion.

    However; we need to understand why is there a quota first of all; and then second why is there a country quota. I've almost come to the conclusion that EB immigration is just an accomodation to get a certain number of people into USA. If it truly was to attract the best/brightest then immigration would be much different. It looks like the answer is easy in my mind; no quota of any sort.

    When talking to politicians, newspapers; maybe one would lose credibility when they would say there shouldn't be a quota. However, how do you come up with a quota of 300,000 verus 200,000 or 500,000. I don't know how one would talk to a politician and tell them to increase the quota and then come up with a number and then explain why it should be that number. A company either needs you or they don't; plain and simple.

    I talk to a lot of people and a lot of different attornies and get involved in all sorts of discussions. There is a thread today asking that a person has gotten greencard but is married to a lady in India. She has a three year B.Sc and 3 years of experience and they want to know if she can come here on H-1b. Reason why this is being asked is because if the greencard holder sponsors her then it will take five years. So what is the easy way; bring her here on H-1b and then go the employment route. I can't even begin to tell you how many times this situation has come up off-line where a person got greencard real fast but never thought of the marriage angle and then they try to go this route.





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  • gc_chahiye
    06-28 07:41 PM
    I suggest that you do this: Send the URL from AILA's memo about what happened to EB3-other worker category in June. And copy your HR and senior folks of your company when you email lawyer. That will tend to focus the attention of your lawfirm and they will either have to say "We will file asap" or they will have to say "AILA's memo doesnt mean anything".

    I bet they will come back with the former conclusion.

    Apparently, these lawyers have been too conditioned to work 30 hours per week and now, having to work 60 hours per week is too tough. NEWSFLASH LAWYERS : We idiots in IT and software very often work long hours to meet project deadlines. Its a part of life. Get used to it or like I said before, find something else to do. Like basket weaving or poetry writing so that you dont have to see deadlines and dont have to burn midnight oil.

    This deadline is meaningless for them. We are not going anywhere. If dates retrogress, then we'll simply come back to them after 2 years or whatever.

    Unless the senior folks in your HR department specifically ask them to file asap, they wont.



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  • cpbaherwani
    08-18 01:28 PM
    People recommending lax security checks for so-called VIPs must not forget that IC-814 hijackers got bombs and guns on plane via VIP gates.

    Information on hijacked Indian Airlines aircraft, IC-814 (http://www.indianembassy.org/archive/IC_814.htm#The%20Chronology%20of%20Events)

    "A little while before the departure of IC-814 from Kathmandu, a Pakistan Embassy car (42 CD 14) arrived at the airport. Among the three officials who dismounted from the car and proceeded to the Departure Lounge was one who is believed to have supplied a consignment of RDX to a group of Punjabi militants in Kathmandu some years back."

    180 passengers were held hostages, 1 killed. 3 terrorist were released, who went on attacking Indian parliament, killing Daniel Pearl, planning 9/11 and training new militants.

    Indian Airlines Flight 814 - Wikipedia, the free encyclopedia (http://en.wikipedia.org/wiki/Indian_Airlines_Flight_814#Release_of_militants)





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  • mirage
    07-04 08:21 AM
    One thing which is missing in the News article about this fiasco is they are sounding like some precedural hitch happened they are not sounding scandal, conspiratory, I mean their title should be like 'DOS plays joke on Legals', 'DOS arbitrary decisions hurt legals' types......



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  • _TrueFacts
    09-04 12:59 PM
    breddy2000 and dealsnet,

    Other than picking on posters Id�s, do you guys have any point against YSR �a corrupt, factionist gunda, land grabber who has killed numerous people�

    A far as posting his name, that�s a little web common sense





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  • sledge_hammer
    05-28 10:37 PM
    Damn USCIS!!!!!

    Conclusion

    We at the Murthy Law Firm appreciate Mr. Oppenheim's commitment to addressing matters related to visa numbers and the Visa Bulletin. The continued shortage of employment-based visa numbers is a source of great frustration for many and Mr. Oppenheim's predictions do not assuage that feeling. It is better to have an understanding of the reality of the situation, however, than to operate in ignorance or with unrealistic expectations. Once again, the shortage of immigrant visa numbers underscores the need for legislation in this area to increase the numbers, change the counting of the numbers (from one per person to one per family), or to revamp the system entirely.



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  • sumagiri
    07-25 08:40 PM
    I dont know what this means. He said previously EB3 backlog is massive. So assuming40 percent of indians would give 160,000. Out of those assuming 50 percent for EB2 would give 80,000. Question: Is eb2:eb3 ration 50% ??



    "I think that the numbers are generally accurate, but I disagree with the conclusion. In large part, I rely on what I was told in a conversation with the State Department officer responsible for calculating cutoff dates. He told me that the Indian E2 cutoff date is going to retrogress back to late 2002 or early 2003 in October. He said that the Indian E2 backlog is MASSIVE.

    Looking at the total number of people who have filed AOS applications, or who have been reported as documentarily qualified to consular posts, we see a group of at least 400,000. This was as of a couple of months ago, after much of this year's quota had been used. I'm told that between 40% and 45% of the people in the known backlog are chargeable to India - and most of those are E2".


    IMO, "MASSIVE" is a relative term. Even if there are 400,000 applicants and 45% of them are India and 60% of those are E2, the total is just 108,000. Not that bad if we look at the calculations and E2 numbers India gets this year and next year. I think it is sensible to say the actual number would be lower than 108K.

    Having said that, before horizontal spill over, all these numbers (spill overs) were going to E3 ROW. Why is E3 ROW still severely retrogressed? Apart from calculations, I am attempting to do all reality checks. Is the volume of E3 ROW so heavy that around 50k + additional visas are not helping to bring E3 ROW to current. Read some where about amnesty causing this back log. Any one knows this for sure?





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  • Macaca
    07-04 11:04 AM
    Please post good reliable estimate of cost for applying with ALL possible break ups. I know the following only!

    Cost of applying = application fee ($795 ??) + Lawyer fee + others (= medical + pictures + ...)

    Also, which parts are lost if we have to re-apply!



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  • Jerrome
    09-15 12:13 PM
    This is the monthwise total for Only PERM for India for year 2005 and 2006.

    Month EB (INDIA) # Approved
    Jan,05 0
    Feb,05 0
    Mar,05 1
    Apr,05 24
    May,05 133
    June,05 535
    July,05 794
    Aug,05 1313
    Sep,05 1316
    Oct,05 1212
    Nov,05 1541
    Dec,05 1771
    Jan,06 1788
    Feb,06 1729
    Mar,06 2224
    Apr,06 1635
    May,06 1876
    June,06 1902
    July,06 1574
    Aug,06 1317
    Sep,06 963

    PERM 2005 (All EB2+EB3) for India is 8640
    PERM upto Sep 2006 (2+3) for india is 15008

    So the movement depends on the spillover to EB2 india. I assume if it is in the range of 15 to 20K then it will move upto mid of 2006 by end of 2010 for sure.

    If the spill over is in the range > 20K to EB2 india then it will go to September 2006.








    Year, TOT_LBRS, Certified, LBR_INDIA PD_>_10/1/2001
    2000 074048 70204 ????? 0
    2001 082139 77921 ????? 0
    2002 089168 79784 ????? 7873
    2003 095299 62912 ????? 25956
    2004 098866 43582 ????? 26569
    2005 014253 06133 01350 6133
    2006 105960 79782 22298 79782
    2007 098753 85112 24573 85112
    2008 061997 21092 07198 21092
    Total 720483 526522 55419 252517



    http://immigrationvoice.org/forum/forum2-retrogression-priority-dates-and-visa-bulletins/23813-perm-labor-data-analysis.html


    In 2005 there are a total of 01350 labors certified only for India.
    In 2006 there are a total of 22298 labors certified only for India.

    The other important thing here to note down is there are many outsourcing companies out there filed/filing GCs for their so called managers in EB1 category.





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  • hpandey
    05-01 04:59 PM
    Who told you this...do you know the history and are you sure the tamils are not opressed by the SL govt. Read the history before you make the comments.

    By the way I am not supporting the LTTE. Here the question is should Indian govt support the civilions or not. Given a chance the SL govt wants to wipe out the entire tamil community. Do not think it will not happen to you/us here tomorrow.

    And who told you that they are being opressed - have you been to Sri Lanka and if yes which places did you visit to see the Tamils being opressed .

    The terrorists who come to fight in J&K from Pak say they are fighting because Indian Army and govt is opressing the Muslims . Is that true also ?

    Seriously I don't care - my personal opinion that in this particular case it is none of our ( India's ) business to meddle in Sri Lankan affairs when they are on the verge of getting rid of a menace they have . Terrorism is not a solution of anything . Only peaceful times can bring happiness and prosperity.



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  • ita
    03-30 11:57 AM
    You obviously have your own reasons for pitching so adamantly for the wrapper MMS.Isn't it strange that he won't even contest the election directly?Did you hear his speech post Mumbai attacks?

    Now back to financial reforms which is his forte...just so you own...

    Sonia held back MMS's hand. She had him appoint the National Advisory Council (NAC) (apart from list of other councils and Congress constitutional changes that she made so the power lies directly in her hands)under her chairmanship with statutory powers to oversee the the reforms.

    It's easy to blame the allies it's tough to suck in the truth when you as an individual have vested interest and not Nation's interest in mind.
    All these vested interests of different individuals are the rungs of Sonia's ladder.In that sense alone she and her family are in
    the right place right time.

    We as individuals don't put in efforts to learn the facts(of course we have so many hurdles in our own life),when some one breaks it down for you, you try to weigh your benefit in accepting/rejecting the facts. Then wake up one day when we get the jolt of Mumbai kind of attacks(She was doing non sense with defence ministry too). Of course there is always IV to come carping( well why not?... carping on forums doesn't need any effort... also it's a good way of passing time)

    I some how knew when I started sharing what I know MMS will catch up in the poll.Look how he is suddenly so popular on this thread's poll.But I still think me sharing all these facts/views is in some way good.

    I believe there were some junkies called Left were holding the Govt and MMS as hostages.... Thats why there is no reform...





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  • JazzByTheBay
    12-13 04:31 PM
    Wouldn't you think? If we have enough resources (a membership-based IV), perhaps we could explore the possibility of legal action, perhaps even a class action (not a lawyer myself... so not sure if that's in the realm of possibility... ), against this unconstitutional statute that restricts skilled folks from certain countries on the basis of diversity.

    Diversity would be OK if folks from other countries weren't getting their Green Cards because of lack of immigrant visa numbers (in absence of per-country quota). But if each year the annual quotas of 140K aren't beint utilized, there's no rationale for restricting folks born in certain countries even though they have the necessary skills, imo.

    Overall, treating countries with a population of 1 billion and over the same as countries with a lower population than the city of Los Angeles is insane.

    jazz

    employment base makes up only about 11% of all immigration
    the country would not be "colonized" by choosing people for this category on merit alone. as for 90%- this is too is frankly a wave in my view, all things change, for now many Indian techs want to come and they have jobs available, tomorrow one or both of those things may not be true. But none that justifies treating people differently because of where they are born.

    this is entirely my personal opinion: if extended families (like adult siblings and their entire families) were excluded from FB, country quotas would lose some of their "need" and FB would not have to be the overwhelming majority of immigration numbers.

    How about I ask you why the "diversity" is not needed in other things. how about a quota for religion? profession? color of skin...? all those can be diversity issue. What if I said not more than 7% STEM graduates? I'm sure the Programmers Guild would agree. If you don't like those ideas, why country of birth?

    The fact remains though that EB is a skill based category. If I or you(?) join a company with identical (or better) credentials as someone from Congo/Sweden/Belize (whatever), they would have an EB2 GC in 1-2 years, we would sit for 10 and stew under multiple career holds and restrictions. Since no body from India would ever get the EB2 GC quickly, an entire subset of immigrants (based on country of birth) are ALWAYS held behind. You are presuming that somehow this benefits the US. Get skilled immigrants- but don't let a whole bunch of them rise to their levels of ability because they were born wrong. I am at a disadvantage because other people from my country applied for a GC. But when my employer takes me on, he does not care where I was born. My skillset has nothing to do with it. Why is my application (which is based on that employer and my skillset) hostage to something that is not even in the equation? This country is about individual freedom. I am here and an applicant for GC as an individual. What do I have to do with others who apply?

    Fair? You decide.





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  • GCard_Dream
    10-18 07:21 PM
    You are right. You are allowed to stay 3 years out of last 5 years outside of Canada. Your PR should still be good.

    Dear Folks,

    I got my Canadian PR in Sep 2005. I did the landing and gave a canadian address after which I got my PR. After that I was under the assumption that I have to spend atleast 2 years in a span of five years and did not take any attempt to land into Canada using PR. I am thinking of applying for SIN by post while I reside in US.

    I am not sure now if my PR is still valid??

    Can someone advice?





    u.misc
    01-14 10:12 AM
    This memo is a Blow Job to the anti-immigrant lobby and is politically motivated. Although this won't effect people using EAD but there are number of people who are waiting to file I-485 and would need to extend H1-Bs.

    Lets fight for the rights. A picture perfect example of "protectionism". This memo won't be a doom for Skilled workers but for USA.

    Skill have no boundaries and would find a way to success, if not in USA, somewhere else.





    mchundi
    01-23 06:41 PM
    Can they use same LC for more than one I-140?
    Trying to understand damage done by LC substitution scams.
    My understanding is they can and they do that. U will only know when the AOS is taken up for processing. In this case there were 5 of them on the same labor. Even 140 gets approved, but not 485. I really wud like to know how VISA numbers get handled in these cases.
    I know several guys who took this path. Of them only one was a genuine case. All others were some kind of deals. Only one of them had a bad deal(Thanks to Mandalapa). Others r still happy with their EAD's.
    I mean this is a widespread practice. I situations like now when we have so few VISA numbers it is unfortunate one for us if those VISA numbers r lost.



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