Monday, August 8, 2011

myths and legends

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  • eb2waiter
    05-09 05:17 PM
    what I meant was... you can reevaluate your situation from India.
    Since there is nothing there in Canada anyway.

    This is from personal experience. I went through the canadian PR also and now have lost it. I have some friends in Canada and India who had to move because of failure to file for GC before 6yr H1. My view of Canada and other feedback is

    It is not a first world country as they want you to believe.
    The cost of living is very high though the salary is very low.
    Cost of goods is almost the same or most of the time higher than in US.
    Medical is by state (where applicable) but doctors are not good and the wait time is large.
    Taxes are very very high.
    I can go on and onnnn...

    My advice which will save you almost 3k-6k is dont do it if you are waiting for GC. Else you can do it at a short notice. The other options are, if you dont like 5year wait time from India, is to come back in H1 to the US and again reapply. At least this way you know how your GC turned out.

    ---DISCLAIMER: ABOVE ARE MY VIEWS ONLY AND MAY BE FALSE---





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  • stupendousman11
    09-12 05:48 PM
    Here's my situation:
    - H1B visa in the 6th year
    - I140 approved
    - I485 applied July 2 '07
    - EAD and AP available

    I am getting laid off on Sept 30, but will be on salary and benefits continuation (SBC) for 5 more months until Feb end ie. I'll be paid 100% of my base salary on a monthly basis. Assuming that I don't have another job offer by end Feb, my questions are:

    1. What is my H1b status Oct 1 onwards? Am I still on H1 until Feb end? Or does my H1 get revoked the day the company intimates USCIS/INS?
    2. How long do I have after Sept30 to find and job and retain my H1 status?
    3. I have read somewhere that if there is an employment gap on an H1 the H1 transfer may get approved but I'll have to exit the country and get back in again. Is this correct?
    4. Since I have an EAD, am I safe? Can I stay unemployed on an EAD?
    5. My current EAD expires Oct 24. I had applied for a renewal Aug 6 so don't expect to get it before the Oct 24. Will this gap in EAD cause an issue with regards to my GC process or ability to stay in the country?

    Thanks.





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  • pcs
    07-03 04:12 PM
    This email has been sent to all major TV anchors...


    Hi ,

    This is not a regular mail.. I on behalf of many others need the support of honest media persons like you, else our faith in American media will be gone for good....

    pl. read on...




    Illegal action by USCIS causes $ 300 million loss in a single day to Legal & Skilled Immigrants ( Doctors, Engineers & Scientists ) not counting the hardships.


    Skilled immigrants like Doctors, Engineers & Scientists have been paying all the taxes, following all the laws of the land and have been stuck in huge wait period of 3- 7 years to obtain green card.

    On 13th of June 07, USCIS announced that all these people stuck for years can apply for the green card starting 2nd July 07. Everyone spent 2 weeks & $3000 per person at the minimum towards Attorney fees, medical tests & other unsalvageable direct costs prepared the application and started to send it to USCIS starting 2nd July 07.


    In an unusual act of absolute disregard to the hardships and financial loss of these applicants, USCIS announced on the morning of 2nd July 07 that they will not accept any application for green card.

    A COMPLETE REVERSAL OF THEIR EARLIER PLOICY ON THE VERY 1st DAY OF THE WINDOW ANNOUNCED BY THEMSELVES.


    If nobody takes an action to support law abiding legal immigrants at this time, everyone talking about supporting the laws of the land on immigration issue needs to look into his / her own eyes in the mirror.


    What we demand �. Talk to USCIS & encourage them to ATLEAST accept the applications sent by these innocent Skilled Immigrants so that they do not suffer at least the financial loss. USCIS can take their own time to award the green card at a later date


    ARE WE ASKING FOR TOO MUCH ???????????????????





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  • BPforGC
    08-11 01:39 PM
    Sir

    I got I-140 approved based on EB2-NIW (filed in April 2007). No labor required.

    I filed my 485 during July 2007 when everything became current.

    When they get to my 485, are they going to process and approve if VISA number is available based on the filing date?
    (or)
    Then will keep it aside until EB2 for India becomes current based on my I-140 filing date (which is April 2007)? Currently the date for India is June 2006.

    So, approving 485 is based on order of filing and VISA number availability or based on priority date at the time of 485 reviewing?

    In other words, do USCIS assign VISA numbers only for the petitions whose priority date is current at the very moment when the IO looks into the application i.e., is it prevented by Law to assign VISA numbers to petitions whose priority dates are not current at the time of assigning?

    Thank you very much.



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  • BharatPremi
    12-13 05:22 PM
    In short, you cannot challenge the law itself but, can challenge how the law is interpreted.


    In general terms, yes that is the case and it should be. But what if some law is in direct conflict with the main theme or part of the constitution ?

    Like here EEO bans consideration of country of origin but EB based immigration allows per country limit. Both concepts/practice are really attached with "Employment". :confused:

    And all laws are really covered under the power of constitution? If not than where this one (per country based) lies? Constitutional OR non constitutional?





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  • nomi
    10-18 03:30 PM
    Do I need to keep job or Stay in USA once I-140 approved ?? Reason I am asking that my I-140 is approved but my PD is not current and also got my Canadian PR too. If I move in Canada and see what possibilites available there for me and come back in USA when PD is current or file consular process from Canada whenever PD is current. .. what do you guys think about it ?? Any thoughts or feedback ??

    Thanks in advance



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  • snram4
    01-15 08:40 PM
    USA was like that for past 100 years. Many times Protectionist bills were passed and many times they were relaxed in past. There will be impacts but it will not bring down the country just because they block a few thousand H1bs. If USA needs to go down there should be some other alternative country should come up relative to that level. India and china have a potential but nowhere near to that for now as they so much dependent on USA and dollar.

    Then USA become USSR and go down the toilet....





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  • pointlesswait
    09-15 06:26 PM
    its a temp relief..not a permanent one.;)

    Lets all email : uscis ombudsman office...maybe that will be a good start.

    Good idea but could you clarify why "next 2-3 months"? what after that? Just curious why you put that time frame there



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  • yabadaba
    02-14 02:31 PM
    http://www.ailf.org/lac/lac_lit_030402a.asp
    WASHINGTON, D.C.- Immigrant advocates filed a national class action lawsuit in federal court today challenging the Immigration and Naturalization Service's (INS) misadministration of a law that provides persons granted asylum the right to live and work in the United States permanently. The suit, filed by the American Immigration Law Foundation and Dorsey & Whitney LLP, seeks to compel the INS to issue all allotted "green cards" fairly on a first-come, first-served basis.

    Some 50 named plaintiffs represent tens of thousands of asylees throughout the country. The plaintiffs are all refugees who fled persecution in their home countries and were granted asylum in the United States. Under U.S. law, they may apply to become permanent residents, or so-called green card holders, of the United States. Congress has imposed a cap of 10,000 on the number of asylees who can attain permanent resident status each year.

    The lawsuit alleges that the government failed to distribute more than 18,000 green cards in the last eight years while more than 60,000 asylees wait in legal limbo; failed to process applications on a first-come, first-served basis as required by law; and kept thousands of asylees on the wait list who are exempt from the cap. The lawsuit also challenges the government's practice of requiring asylees to obtain a new employment authorization card each year-at a cost that presents a hardship for many families-while they wait for their permanent status.

    If 50 asylees managed to get enough money for action, 50 high-skilled immigrants can do it too. Otherwise I'll be greatly dissappointed. Lack of action is a killer. I was shoked to read walking_dude's post that nobody from MI volunteered to be a plaintiff in DL case. If people do not want to help themselves, IV won't be able to help them.
    dude..lazycis...this is awesome precedent. it doesnt get easier than this....its exactly the same as what we are going after. there was wastage in numbers, thereby hardship in terms of renewals of eads

    what type of profile would a class based plaintiff have? will any of the july filers be able to "qualify" as a plaintiff in this class action lawsuit





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  • drirshad
    07-30 05:24 AM
    http://www.immigration-information.com/forums/showthread.php?t=5766

    posted 07-24 09:59 AM

    Ron Gotcher has some thoughts on India E2 movement over the next two months.

    More and more, I see people posting messages containing the unspoken assumption that since the Indian E2 cutoff date has moved forward, it is likely to move forward further in the coming months. This is a false hope.

    Even with a cutoff date in early 2003, the CIS has sufficient inventory of Indian E2 adjustments on file to use up the remaining inventory of E2 visas for this fiscal year. The reason that the Visa Office advanced the priority date is to move it up to the point where overseas consular posts can take up the slack left by the CIS's inability to close out enough cases and avoid wasting visas this year.

    The CIS inventory of pending cases is massive. If there were no quota at all - if everyone were suddenly "current" - and no new cases were filed after today, it would still take the CIS four to five years to close out all of the pending cases that they already have in their inventory.

    Overseas consular posts maintain inventories of cases as well. When the priority date for a particular case starts to edge forward and it appears that the applicant may become "current' in the not too distant future, the applicant is told to submit all required supporting documents to the post or the NVC. When this is done, the applicant is reported to the Visa Office as being "documentarily qualified." This means that the case is in a position where an immigrant visa can be issued to the applicant as soon as a visa number becomes available.

    The inventory of documentarily qualified cases with current priority dates at a consular post never exceeds that post's ability to process all such cases within sixty days. Consular posts have very high bandwidth processing capabilities. No matter how many cases become current, they are able to process all of them within sixty days.

    The reason that the Indian E2 cutoff date has moved forward is that the Visa Office fears that the CIS will not be able to adjudicate enough adjustment of status applications to exhaust the annual quota. They have advanced the cutoff date in order to make more cases overseas eligible for final processing.

    This means that overseas consular posts have exhausted their inventories of Indian E2 cases with priority dates earlier than 2006 and the Visa Office had to move the cutoff date forward in order to make more cases eligible to be closed out.

    This does not mean that the CIS has closed out all of the pre-2006 cases pending in their inventory. Far from it. When the new fiscal year starts, Indian E2 is likely to retrogress back to late 2002 or early 2003. This is roughly the point reached by the CIS in processing their inventory of pending cases.

    Please understand that this is a temporary phenomenon and due entirely to the difference in the processing capabilities of the CIS and the overseas consular posts.

    I hope this clarifies matters.

    Ron Gotcher



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  • Aah_GC
    07-11 12:41 PM
    Thanks for that useful information. People who suffer have an inclination to touch the extremes (and I am not sure where that Taxi driver gentleman got his PHD from).

    You definitely have to pay heavy taxes and earn less money - but then I imagine it is better than being a slave to desi consulting firms in the US.


    Please go to this site for Canadian immigration info -
    www.settlement.org

    You can find some bad things about Canada here -
    www.notcanada.com

    Weigh yourself. Thanks





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  • snram4
    01-22 05:48 PM
    That is always one of the option for me. You do not need to tell that. Similarly everyone has the same choice. If some thing does not work out in USA anyone can find an excellent opportunity in India. Not just, if anyone like to go to India they can go anytime. No need to worry about GC or H1b issues

    Then please pack your bags and leave the country in the next flight.



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  • conchshell
    09-23 08:27 AM
    Nixtor, this idea is worth trying. If people who are buyinh house can be exempted from the VB quota, this will free up extra visas and will help those people who will not buy a house.





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  • manusingh
    09-13 10:27 PM
    I filed my EB2 NIW in 2007, I 140 approved. Can change employer and move to another state, will it bring any RFE in future for 485 approval.

    If I change my field chemistry to biochemistry how is it going to affect my NIW petition.

    thanks



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  • newtogc
    10-03 01:54 AM
    Hi All,

    One company offered me pre-approved labour, with PD as Dec-2004. They are mentioning that I can file i140 immediately as soon as
    my H1-B transffered to new company.

    I have been hearing the news about LC substitution elimination from DOL.
    Has they announced any dead line for filing the Labor Substitutions ? or expecting soon.
    Has they announced any validity period on approved LCs to regularise this process?
    If yes - How is it going to effect my case?

    Is it better to take this LC( all the criteria required for sub is matched) or apply a new labour under PERM process.
    Currently I am in my first H1-B and valid till Oct 2007.

    Please need experts advice in this regard.

    Thanks,
    BNR.





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  • sanju
    04-16 10:22 AM
    OK, Its your opinion and that shows your civic sense. But why are you posting the same again and again?

    GCKaMaara is right, different people operate at different IQ level.

    When there is so much of repeated junk in this thread from the people who think they are political strategist, then what's wrong in posting a fun youtube video twice?




    .



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  • eb3retro
    07-22 09:12 AM
    not really..i think we want to give a benefit of doubt to the amway person not to do this and lose our friendship (esp when close friends do this to you). We know how to be tough. Been there done that. I came to a conclusion that people who cannot understand the value of friendship can never be true friends. Esp when my close friend spoiled his friendship with me due to amway.

    We desis are too polite and can't say NO easily like others. I have learnt to say NO in the US now, makes my life much easier....be nice and say no politely.





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  • Marphad
    05-18 01:19 PM
    How has panini's profile in THIS THREAD got anything to do with immigration? this is NOT an immigration related thread. If you should police a person's profile in an immigration related thread no one would object, but this is the wrong thread. And isn't the default changeability the US ? Your accusations are pretty strong and doesn't seem to have any backing; what are the rumors that he has been spreading ? anti immigrant ???

    If you should police this site, then ask the Admin's to close non immigration related threads that have a political debate involved.

    Well,

    Panini's profile is "WRONG" on this thread too: http://immigrationvoice.org/forum/showpost.php?p=237356&postcount=1

    More, It is wrong to put fake data. All I suggested is that it has some impact on his credibility and his reaction was very strong. I agree with his post contents and second them too! Not comfortable with someone roaming around with fake profile - keep in mind profile is the same whether it is immigration or non-immigration related thread.

    You tell me the reason you think why Panini put wrong profile data. OK, you don't know, then tell me why you put correct profile information? You will get your answer.





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  • reddymjm
    09-23 11:33 AM
    Let's do it

    I just emailed all of them with my name, address and phone number. Atleast 13 of them bounced. Can some one correct the email addresses in that sheet.





    Caliber
    09-23 08:46 AM
    As completely unrelated these two issues are (from a law maker's perspective) on a normal day, these are possibly those times when each of these issues can help the other.

    END OF CONTENT

    Nixstor: I know how responsible person you are. You must have given lot of thought to this. Even if 20-30% people buy house, that reduces the no of applicants waiting for GC which will make it faster for the people that do not want to buy now for various reasons.

    I fully support this idea. Thanks for bringing such good and justified proposal.





    lotsofspace
    02-13 11:48 PM
    How about facts? In 2006, Philippines received 23,733 EB visas, India - 17,169. No other country received more. China received 9,484.

    http://www.dhs.gov/xlibrary/assets/statistics/yearbook/2006/table10d.xls

    can you also please care to do the percentage with total applicants ?



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