Wednesday, August 10, 2011

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  • the_googly
    07-29 09:33 AM
    I expect 1/2 of the approvals to be EB2-I and the rest EB2-C.





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  • krish2005
    01-14 03:03 PM
    I was tweeting with an attorney from boston. She says that the memo does not do any good for a H1B resource working at a third party site though employed under a desi consulting company. :(





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  • cableman
    05-10 06:27 PM
    Does anyone have a comment on this ?

    I got this from: http://www.cic.gc.ca/english/pub/imm-law.html#act12

    Permanent residents

    Persons who have been admitted to Canada as permanent residents have the right to come to the country and remain here, provided they have not lost that status or it has not been established that they have engaged in activities, such as criminal acts, that would otherwise subject them to removal.

    Conditions may be imposed for a certain period on some permanent residents, such as entrepreneurs. A permanent resident must live in Canada for at least 730 days (two years) within a five-year period. In some situations, time spent outside Canada may count. All permanent residents must comply with this residency requirement or risk losing their status.


    According to the website, you will lose your status if you go to Canada in the 5th year because you won't be able to attain the requirement of living in Canada for at least 730 days (two years) within a five-year period. Actually, after you pass your 3rd year, you will be in risk for the permanent status.





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  • god_bless_you
    10-23 02:33 PM
    Hello everyone.

    I was wondering if someone could point me to how exactly labor substitution works.

    Before anyone starts jumping down my throat, i am JUST looking for documentation on the full process and I DID try looking on the google.

    If someone has any article on labor substitution and how it works please post it on here.

    Check Immigration Portal forums Labor certification .. Preapproved LC
    Labor substitution Pros Con's etc.. widely discussed there...

    http://www.immigrationportal.com/showthread.php?t=123495



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  • Lisap
    02-12 01:19 PM
    Whether unused visa in EB-3 Row will go to EB3 India?



    I am a little unclear on all of the retrogression ect. But can someone please explain how EB3 ROW can be retrogressed and not use all of the visa numbers in a year? That doesnt even make sense to me? Would someone please shed some light?





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  • Saralayar
    07-14 09:07 PM
    My son recently finished his high school and wanted to do Dental degree in India. My current situation is I have applied for adjustment of status in July 2007. Me and my family got the EAD and AP. My priority date is Eb3-November 2005. WIth this mess, I am not sure when I will get my green card.
    My question is:
    Can I send my son to India for his studies when the adjustment of status is pending. Will it be considered as abondaned if he is out of US when the adjustment of status is in progress?.
    Is there any specific forms for this type of situation so that he can go for studies in India and continue the adjustment of status.
    Thanks in Advance and your answer will be helpful for our quick decision for this year courses.



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  • ita
    03-30 02:56 PM
    For all we know we may not be casting our vote but it is very important to know what is going on around us and this discussion is like a reality check though I agree immigration forum may not be the right place for this discussion.

    Coming back to MMS,Advani-going by the qualities you attributed to these guys MMS is like that exquisite diamond that will always sit inside the locked case who can only tantalize people but cannot make anyone happy(since Sonia and Co will never let his policies/Intelligence reach common man.)
    LK may not be that exquisite a diamond but he is not caged .I don't think he's a dunghill either.
    The most of the guys posting in this thread is not going to vote. Even I think, we all do not have our names in electoral list. There is no sense in arguing who is best or who should be next PM, sitting in US. Furthermore, most of the educated, urban voters will never go to polling booth in hot summer to stand in line to do their duty as a citizen.. Indian�s election of their representatives is fundamentally a show of money and muscle power. Election in India is just a business. It is just investment of money by political parties with the help of capitalists and their lobbyist to get the vote from rural, uneducated, divided voters across the nation. All parties are corruptive, communal, divisive, plays vote bank politics. No exceptions! (whether it is Congress, BJP, communists, BSP, SP, and countless regional parties). One thing I can say or compare about Congress and BJP. Congress is the only party has responsible for bringing both good (economy, growth, education,) and bad (corruption and countless other) thing to India. BJP has not done any good thing to India sofar, only it brought bad things to India (divisive, corruption).

    My input regarding comparison of Manmohan and Advani.

    Manmohan.

    Though, he is not a full time politician, and not a good crowd pulling speaker, he has strong record. He has quietly achieved lot as a RBI governor; FM and PM. US nuclear agreement is a big achievement in his career, despite he had a minority government with the strong left opposition. He does not have long term independent vision, and strong leadership skills. He was widely accepted by all part of the country, as he has no controversial issues.

    Advani,

    He is a good speaker, crowd puller. He is a typical Indian politician. He has leadership skills. He does not have any significant record/achievement to back his claim for PM (either as a ex-minister or politician). For example, he has not done anything to improve the national security when he was a union home minister. He has involved in controversial issue like Babri Majit, and Ram temple issue. He also does not have long term vision, ideas on economy, poverty elimination etc..





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  • samay
    07-21 08:30 PM
    My dependents are out of US for almost 5 months for now and they have AP approved before they left US and they are planning to come to US in couple of weeks from now on AP. Our PD is going to be current in Aug08. Is this OK to be out of US for this much time when AOS is pending? Staying out of US for this long would effect their AOS processing in any way?

    Its fine so long as they are back before their AP expires.



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  • Desertfox
    09-23 05:35 PM
    FIRST lets just send out the emails as requested by IV (Yes, this is OFFICIALLY ENDORSED BY IV initiative)
    We will have all the time in the world to discuss the details.

    OK... I support the initiative because it will remove some people ahead of me in line. However, I bought a house last week with 3% downpayment on FHA loan, and now how can I justify writing an email with the draft that urges for GCs only for those who paid 20% downpayment?

    Can you give me some thoughts on this so that I can make my selfish mind to agree on writing this email to congress?





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  • eeezzz
    07-30 11:26 AM
    this makes no sense (with all due respect to Mr Gotcher). He basically claims that PD has been moved to allow CP cases to be processed faster to avoid visa number wastage.. However he also says that there is a huge backlog of AOS cases. Looking at how many CP cases are being called for interview in mumbai and delhi (low hundreds) I dont see how CP alone can help avoid a big wastage of visas. If USCIS is still 20k short, then its the massive pile of AOS cases they should be using, just like they did last year.
    Several things to consider.
    1. Is it really 20k left for this year.
    2. Are there more EB2 RoW applicants filed I-485 for the last few months.
    3. You have number from India CP, do you have number from China CP.



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  • PlainSpeak
    01-14 05:20 PM
    You have a valid point about the DV visa bil.. But you forgot one thing, Any immigration bill altering INA will also have recapture attached to it..
    One more point it takes 15K to give a paper ad to say that IV supports this bill.. Do you want to run a campaign for this?? I will convince IV Core if you come even close to that $ number...
    If and when this bill goes for voting on the floor, I think your valid point about giving these immigrant visas to the oldest applicants first until current backlog is eliminated can be considered as a viable amendment/feedback to lawmakers..
    But I wouldn't hold my breath for that day...

    To VBKris77

    Now THATS what i call a solid arguing point and THATS what i call a discussion
    VBKris77 - Please do not think that i am being patronising when i stated what i did above, but all my efforts and abuse taking till now were for this point of time and this reply to my inital post. Infact i was looking for someone to start something in this vein and had to wait till now. Now my faith in my fellow men has been justified (I know that was a bit melodramatic but hey after all the abuses i went through i think i can be just that bit wet in the eyes). You sir have hit the nail on the head. Now when i see your reply i got more questions. If you can clarify this for me i would appreciate it or If you know of any location on this forum where i can look see and get self educated that would be appreciated too

    You have a valid point about the DV visa bil.. But you forgot one thing, Any immigration bill
    altering INA will also have recapture attached to it..
    My point about DV visa to most badly retrograded apps was because they have been the ones who have waited the longest out here. Now if this was recapture or removing country quota i would feel that the regular allocation would be correct. Since this is a one off my peronal feeling was that we could direct the spillover to extra retrograded apps and get some relief there

    My question are -
    Would DV visa to Employment based in any form be considered as an immigration bill
    - What is altering INA
    - So if the DV bill be considered as an immigration bill the idea of IV is that if we can get this into a law the implementation of the 50 k visas will be in the same way as the implementation of recapture bill (So that would be all spill over to EB2 till EB2 is current and then to EB3- And please that was a question for clarification not a jibe as some of the people out here would make it to be).

    One more point it takes 15K to give a paper ad to say that IV supports this bill.. Do you want to run a campaign for this?? I will convince IV Core if you come even close to that $ number...
    Ok to get this straight the money needs to be collected (Campaign is run) and the amount of 15 k be collected before IV will support the campaign. Just getting things in right perspective.

    Tell me something please, would a campaign involve asking every one who comes in to IV forum for donations for the campaign. The reason i ask is because to run a campaign for this effort is a great idea and I have some thoughts on it but most importantly i would need the help of all the members EB2/EB3 (yes even the ones who abused me) because you guys have experience in it.

    My opinion is that if we run a campaign it would have to be with a slogan that if and only if this bill gets passed the DV visas will fall to the badly retrogressed apps first. If we say that the regular recapture way wil be implemented then i think this campaign is a dead duck before even starting.

    I have an idea which might or might not work but i feel that IV needs to start a disclaimer for any campaign which will state that this is the path to be taken (and of course stick with the path) and state that X % is the chance of success and that these specific situations have to occurr for any chance of the bill succeding, I mean like a flow chart and also specific tasks which have to be done by people willing to participate in the campaign. Now i do not know if you (And only you because you talk sense. If any body else want to comment with logic and way to improve they are welcome. Abusers wil be ignored) have got the sense of what i am saying but as a person who is looking at IV from the outside everything i have proposed above is based on certain hard facts which are formed as a result of my deductions by observing IV all these years

    For a campaign
    1. Please do not try and educate a person out here because when you do you gets very high handed. Provide them a tool (Flow charts and all i talked about before) and direct them to a location where they have access to the tool and let them form an opinion based on their self education. That way they will understand what are the 1000's of steps involved in this effort. This will lead to the fact that since the are self educated they know the risk and the percent of success or failure of the effort and when they participate they are fully aware of what are the stakes involved. This also gets to convert all the people out there (to the ones above) who are under the impression that giving money to IV will get the job done and when the job does not get done they start feeling that IV has cheated them and start making assumptions.

    I know that part of what i said will look a lot like what IV was doing. Yes IV when it started was like that but somehow over the years it has become very intolerent and as some members have stated very abusive senior memebers which is very shocking. A personal effort by each and every member of IV to show civilized behaviour and make civilized conversation is a mandatory requirement. In fact (i know i wil get laughed at and ridiculed for this but) a post by each and every donor and senior member taking an oath that no matter what the provocation they will not abuse anyone on the forum will be the first step. This can also be part of new member sign up. And of course IV has the tool in hand to delete any thread they think is determental to their cause so no issues there but i would suggest making an extra effort to find out what the idea behind the person is before deleting the thread.

    If and when this bill goes for voting on the floor, I think your valid point about giving these
    immigrant visas to the oldest applicants first until current backlog is eliminated can be
    considered as a viable amendment/feedback to lawmakers..

    Ok now i am lost. What is the objective of the campaign
    1. Add the provisions to the bill
    OR
    2. Make sure that the bill passes

    Because they are both 2 different things and that brings me to my next point which is clarity of campaign (includingLetters to law makers/ donations etc). Calrity is very important here. There has been a kind of secrecy in IV which is cause of much pain and disturst. Of course i understand why the secrecy was put in first place. It must have been because of all the anti immigrants lurking around but when you think about it if the members are self educated (Like how i stated above) there is no need to inform any updates to them and hence there would be no need for secrecy. A donor forum will of
    course continue as is because some things need to be discussed.

    But I wouldn't hold my breath for that day...
    Sir i never held my breath for this ever. Even though i am not part of IV i am aware of all the probability of success in such endevors
    It was nice discussing the above with you.





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  • mbawa2574
    02-15 07:18 PM
    That's taking it a bit too far, I might disagree on most of the things ROW people say but I am not here to make enemies. I have waited and I do not want others also to wait, I just want everybody (including ROW people) to get out of this mess as fast as possible.

    IV stands for unity . Discriminatory laws that make ROW vs MICP should be teared down. IV represents all nationalities. That's what makes America "Melting Pot". I am happy for people whose dates moved. Let's play together and make this system work for every skilled immigrant who goes through this GC process.



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  • bayarea07
    07-27 12:17 PM
    Is it your brainwashed mind that is speaking of that






    "..veracity of this statement"
    Sure pick up the phone and dial IRS, or call your accountant. Or your lawyer if you want to play it safe.
    Other people doesn't do or will never do anything, other then wearing pantyhose and tip toeing through the tulips.





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  • newtoearth
    05-02 05:28 PM
    ...



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  • ragz4u
    02-06 02:07 PM
    I dont think that you HAVE TO file I-140 within 60 days after labor is approved.

    --logiclife.

    I had read when this was proposed last time that if this is implemented, the employer will have 45 days from the date of labor approval to file for the I-140. What this prevents is sale of labors (illegaly obviously). A lot of labors from 2001/2002 were on sale till sometime ago (2005) on Sulekha. If/When this law is implemented, buying a labor will get you ahead of the queue by a max of 45 days instead of the 3/4 years today.





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  • dilipcr
    06-12 03:05 AM
    He has not learnt his lesson. Let him figure out why he was laid off thrice.


    So you guys are saying that I was laid off thrice in 1 year because I was the rotten apple ? If this is how you guys are going to present arguments, I think I am wasting my time here.
    I am not saying ALL companies are misusing are L1s/H1bs or all L1s/H1Bs are bad. All I am saying is that the outsourcing companies have no legality in using L1 visas for bringing in low wage programmers. I am only saying that ban the outsourcing companies from flooding this country with low wage workers. If you did not know, L1 was primarily meant for intra company transfer of high skilled managers and higher level executives.

    << Originally Posted by bubba
    If you have seen any companies misuse the H1 and L1 visa, you can complain about them. Dont go screaming around that the whole H1 and L1 program is bad.

    As I said, I am not saying that the entire H1/L1 is bad. It is just the select set of companies misusing the program that are causing a bad name.

    Its because of people like you that a whole group gets a bad name due to some rotten apples. Btw, all your arguments dont seem to help the IV community.

    If IV community is a community that is organized to work for the betterment of the best and brightest of the H1B, then I would hope that my arguments hold water. if IV community is working for all immigrants, including those who are here knowingly or unknowingly based on perpetual fraud then I am at the wrong place. If this is the case, I am fairly confident that it would be tough to gain the support of the GC holders and the naturalized citizens for the initiatives encompassing this entire gamut of visa holders.
    Why are you even here on IV if your idealogy is not aligned with IV ? If you cant support us we dont need suggestions from a traitor like you

    If your responses are going to be solely based on personal attacks and name calling, I dont think your arguments would hold strength. Trust me, I am one of the regional coordinators of Kiva.org, a microfinance organization for the poor, for southern India.In addition, I have been sponsoring 7 kids' tuitions at Udavum karangal in India. I have undertaken to sponsor their education till college. Currently they are in grade six. I am a self made man and wasnt born with a silver spoon. I was badly affected by the reservation policy, read 69% reservation, in Tamil Nadu. And you guys think I am traitor. What can I say ?

    >>



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  • s_r_e_e
    09-23 10:20 PM
    I will send from the Bussiness Email ID tomorrow.





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  • kopra
    06-16 05:20 PM
    Dilip,
    I can Understand your frustration in this matter. Before blaming on the H1B Quota, we need to think of the grand schema in which this happens. USA is now well known as the only superpowerin this world. Lets take the example of the super-powers in history, Rome and Britain. As Ravi Batra in one of his books said,both of them had some common factors being a super power

    1) Military Power: Both these empires had the best Military in the world. They could use the military to make many of their provinces and colonies to accept their terms in doing business

    2) Both Rome and Britain used to run on trade deficits. This is because, every other countries( or colonies) were producing goods just to be sold in these empires. Their currency was the most sought after one and powerful elites wanted to hoard as much as they can.Since everybody were having so much currency, they didnt want the super-powers currency to decline in Value( which they reinvested in rome or britain to get more)

    3) Cheap Labour:Rome used Slaves to control the commodity price. The living standards of Romans were the best and people even voluntarly enrolled as slaves just to get a roman citizenship after some years.The wage of common people on Rome or Britain never rose, but so did the price of commodities. Britain didnt use slaves, but used the people from its colonies to do the work.Most of them did this voluntarily for a better pay. They used highly-skilled as well as unskilled workers from their colony with less wage to keep the price of commodity stable and cheap .They even enrolled these people to their military to fight wars.

    4) Spreading of culture and language to its colonies: Youth were attracted to their culture and it was easy to spread.Elites in these countries liked it and used to send gifts to the ruling guys. Elites were able to create more jobs , to produce more goods and services for the superpowers and that kept the ruling elites to be accepted,for some posts, re-elected and even workshipped by common man.

    These are the common character of an economic(military in case of rome and britain) super power. So if me or you or anyone among us fight against this cheap labour concept, we are not going to win. Its a character of this market and will continue





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  • neil.0505
    08-07 11:53 AM
    Details:

    *Company A has filled for my H1B Cancellation on June 20 but have visa stamped (valid till 2010).
    * Company B has filed for my H1B Transfer.(Have upgraded to Premium processing)
    * Have to enter canada on/before 4th Sept to validate canadian PR (will have to go to canada only for few days).

    Q: Can I re-enter in the US from on a VISA(Valid till 2010) from company A + Approved I-797 from company B?


    Your help will be appreciated!

    Thanks
    Neil





    conchshell
    06-14 12:43 PM
    Dilip,

    There are no excuses. You are closing the doors behind and trying to forget the path you came through.

    Protectionalism comes from the mere thinking that, some deserve a better and easier life just because they happen to be "born" at some place, or because they happen to be there "earlier", and don't want to be threatened by smarter / hardworking humanity.

    Great thoughts. At least there are some on this alias who can think different from all others who are trying to stand on high pseudo moral values, when the basis of their standing up is nothing else but only and only their own self interest.

    Have you ever thought about the millions and millions of Bangladeshi immigrants who jump Indian border's to find a job and to feed their families. How many of us apply the same moral values to immigration policies in India. Or does it ever bother you to support India student's suffering in Australia.

    So only if you have clarity of thoughts on all these issues, and you support immigration no matter what country you talk about, you have a right to complain about the US immigration policies. Otherwise, tomorrow when domestic market surge in India, you will be the first one, complaining about a low cost engineer coming out from a Nepal or Bangaladesh university.





    NKR
    02-15 06:32 PM
    You are not saying there are more chinese and indians here, so that means what? that there are not more chinese and indians here?
    As you said half the world population is indian or chinese and I'm saying this, rather than pure skill, is why there are more of them here. This is why I repeatedly protest your reference to only skills and brightness as the factor for the non balanced EB population.
    If the world population is the reference, the US would have to take half of its immigrants from 2 countries, they clearly don't want that so they conciously set that rule.. u need them to change the rule u need to give them a reason that's useful for them not for you.

    I understand your anxiety as much as you feel our pain, if there is a system that can make things faster for all of us in any way then be it.

    Oh btw, I was shopping for life insurance. I was told that since I am not a permanent resident and if i do not want to pay higher premium then i need to go for a 10 term insurance and get a new one for 30 years after I get my GC. if i become old waiting for GC then I will end
    up paying higher premium anyway. that is just one of the many hardships we have to endure, by then, why should you care anyway?, what is in it for you?.

    Please note that i am not in favor of removing country cap, but i just want things to move faster without affecting people from ROW



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