Wednesday, June 29, 2011

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  • chanduv23
    02-13 10:48 PM
    Emotional Bravado Talk is a poor substitute to calm ruthless analysis approach.

    Why don't you sue DMV or Michigan congress (if possible).


    If the supporters of lawsuit are really enraged as they claim to be then there next post will be detailing their conversations with Rajiv Khanna, hopefully making a case for a lawsuit. They will have to put the down payment of ~600 dollars.

    Until then this lawsuit loose talk will remain just that , loose talk . Fit to be dismissed.

    Lets see how this goes - so many people voting for the lawsuit. Those who vote, MUST provide valid reachable email ids and phone numbers and MUST provide valid names.

    Those who vote yes, MUST engage in active discussion to move ahead. A good way to begin would be to consult an Attorney, so the discussion should move towards that side.

    Identify leaders who will lead this effort and form a mailing list and everyone who voted can join the mailing list and discuss.

    Lets see how the discussions move.

    Can we walk the talk?





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  • krishnam70
    07-11 07:36 PM
    TN is not a modified H1B. With TN you do not have a dual intent: you cannot apply for a green card straight through TN status -- you would have to adjust your status to H1, L1, or any other immigrant status and only then apply for a green card.

    TN is given for two years. Your wife can just as easily file for a TN in her occupation. Yes, you need an employer in the USA to get TN status, but I don't see a big problem with it. I work for a relatively small company (about 90 employees), and we hire people from all over the world. Our recruitment personnel conducts online and phone interviews, and a job offer can be made before the candidate ever visits our state.

    With TN you get stamped at the border -- and welcome back to the USA! :)

    Another interesting idea about Canada-USA work/immigration popped up today in conversation with my immigration lawyer. If you have a managerial position in a company that has offices in USA and Canada, you can jump on L1 visa. This will let you file in EB-1 category if you want to go for a green card. There are some additional requirements: you need to work as a manager in the company's branch in Canada for at least a year; when you apply for a green card, the company will need to prove that the Canadian office will keep operating after you get your green card and leave Canada. Nevertheless, it's a possibility that is definitely better than EB-3 or EB-2.
    Using NEXUS.. doing my research..





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  • snathan
    01-18 12:45 PM
    There is no doubt Everyone knows that H1b and GC laws are crazy. For that we need to fight to change the law but should not encourage to violate the law. If USCIS violates law lawsuit should be filed. That is the rightway.

    How much you are ready to contribute for the law suit. Dont you have any job. Once you get your GC what are you still doing here. just eating everyone's head. Are you adding value here. Please go away.





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  • brb2
    11-02 08:04 AM
    No doubt, Canada is a good second option, but the standard of living is much better in the US and will always be. The health system in Canada is crumbling and a private sector is growing in parallel. The wait period for surgery (knee replacements etc) is increasing and I don't think the manna will last too long.



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  • smuggymba
    10-15 03:37 PM
    logon ke muh mein ghee shakkar:)





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  • krish2005
    01-16 06:18 PM
    http://www.murthy.com/news/n_repatt.html dated March 2006

    I discussed the matter of the Consular section requiring end-user client (http://immigrationvoice.org/forum/#) letters. Many H1B employers and employees, as well as several AILA attorneys, have approached me as well as the Murthy Law Firm, inquiring about this. The matter deals with the fairly recent requests for letters from supervisors of the end-user clients. These requests require the end users to outline the nature of the job to be performed by the H1B visa candidate, provide details of where the candidate will work, the length of the project, and the need for a specific H1B employee by name and other details. Unfortunately, most end-user clients are not willing to comply with such an onerous request. The very reason for the end-user client to hire an outside consulting company is to minimize the burden of administrative or HR responsibilities. Moreover, the law does not require such detailed letters for the issuance of H1B visas.
    �MurthyDotCom
    I respectfully summarized the position of many of you, our clients or those using candidates who apply for the H1B visa at Chennai, as follows.

    End-user clients generally will not issue letters to the consulate, as they do not wish to get involved with the H1B process. The very nature of the employment relationship, when hiring through consulting companies, is to avoid or minimize the work related to hiring candidates.
    Employers who sign the H1B documents do so under penalty of perjury and must pay the required prevailing wage, irrespective of whether they have assignments for the H1B candidates. The employer may decide to send the candidate back to his/her home country if enough assignments cannot be found.
    Legacy INS (now USCIS) raised many similar issues, in the early- to mid-1990s, regarding the length and nature of the projects in the U.S., timetable of assignments, and the H1B employer�s ability to pay the required prevailing wage. Senior Legacy INS officials from headquarters in Washington DC addressed the concerns of those examiners by pointing out that the law does not permit them to investigate a U.S. employer�s ability to hire H1B employees. The USCIS is bound by memos and policy guidance of the Legacy INS. After that memo, Legacy INS stopped issuing lengthy RFEs on these matters.
    The law does not require any such letters by end-user clients for the issuance of the H1B visas to the visa applicants.
    Delays in the issuance of H1B visas cause many of the employers considerable financial (http://immigrationvoice.org/forum/#) loss and postpone the implementation of projects. This results in the additional loss of revenues and credibility with their clients, due to their inability to produce in a timely fashion the required specialty-worker candidates.


    Thanks for the post. Is there such a requirement when there is a renewal of H1B ?



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  • looivy
    03-27 02:35 PM
    Your party has to win first before you can become a PM. Right???
    How do you know that any of these guys will be a PM before their party wins. This is not Indian PM Idol.





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  • a.j.2048
    12-13 10:39 PM
    The anti's would be all over us as soon as we filed in federal district court probably even before a hearing, and definitely after a hearing.

    Not necessarily. The antis are mad because the country quotas are effectively limiting European immigration. Read how this fellow rails against the country quotas in his book: http://www.vdare.com/alien_nation/



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  • Legal
    07-21 04:19 PM
    http://www.dhs.gov/xlibrary/assets/s...PR_FR_2007.pdf

    Interesting information. Mexico's population 103 million is one tenth of India's population. Yet, consistently 2-3 times more GCs have been issued to Mexican citizens.This doesn't affect diversity!:rolleyes:





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  • Imigrait
    06-13 12:22 AM
    look man wether anyone likes it or not fact is that jobs are going to two countries with a billion dollar plus population ... they are hardworking and they are verrrrrrrryyyyy hungry.... so even if you stop immigrants alltogether from coming to this country .. it does not matter. The jobs will simply go there (to China and India). After all the companies exist to serve their shareholders and not their employees and the simplest way to maximize profit is to cut cost. Simple!!! the outsourcing offshoring train has just started and there is no stopping it.

    You may argue to some extent that the complexity of your job will provide your protection but the fact is management is always scared off complex functions that require expensive resources (i.e human beings) .. management will always want to break down your job to lowest common denominator so that it can be shipped or done at lower cost. For that they will be willing to go all the way - including changing technology , buying into marketing BS or spending millions of dollars.

    Also if the american market dies is that going to be a very big deal ? not anymore .. the domestic market of both India and China is getting bigger everyday .. the fire has been lit and the horse has been left out of the stable .. its at a point of no return.

    So brace for the change because the times are a changing...

    can't believe lahiribaba you're still waiting with those PDs



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  • mallu
    02-15 06:49 PM
    I don't know what % of that group consists of H4 spouse of H1 folks. But i believe a good percentage of those applied through the TOEFL,GRE route.

    And usually that happens to be 'low tier' universities in USA.
    No offense to San Jose State University in silicon valley, where you can see H4 ladies flock to classes.





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  • hydboy77
    06-04 01:36 PM
    As JSB pointed out what you are asking already exists with an EAD, 180 days after filing 485 you can leave your current employer and join a new company as long as it is a same\semilar job. The problem with this same or semilar job is it is a ticking time bomb, the day USCIS decides to go after EAD they can have a restrictive interpretation of same and semilar job and deny your 485 or they can keep sending you employment verification letter rfe every couple of months. I am not being paranioid, for example even though AC 21 clearly states that once 180 days have passed since the 485 has been applied, the employee can join a new job and even if the previous employer has revoked the approved 140 it should not effect the 485 petition, but USCIS is not following this law and blindly sending 485 denial notices to applicants whose approved i140 was revoked by previous employer. Who knows what sort of abuse will USCIS resort to in the future against EAD.

    To prevent this we should work towards an administrative fix that once the 485 application is pre adjudicated the applicant should be left alone and not issed any Employment verification letter rfe, or semilar\same job restrictions if they are back logged because of country quota and face multiple year wait.

    Instead of Interim GC we should demand that once Labor and I-140 is approved remove the restriction wherein a person has to stay in same job type until GC approved in other words allow the person to take any job while I-485 is pending. This will be a big benefit and logically makes sense. If this happens than GC wait will not pigeon hole people's career in one job and allow them to grow and contribute to economy.



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  • gomirage
    06-14 12:23 AM
    so what are the ones that fall below on points supposed to do ? pack and leave after 10 plus years of being here ?

    The point system would only apply to new applicants. All those already in line will proceed according to existing system. Worked well in Canada's system.





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  • michellezbb
    07-03 06:37 PM
    please at least send out to your state's senator.

    http://www.senate.gov/general/contact_information/senators_cfm.cfm





    Dear Mr. Senator,

    My name is xxx, and I’m working as an xx in xx,xx.

    I am sending this letter in strong protest of the outrageous bait-and-switch melodrama that the US Department of State and the United States Citizenship and Immigration Services (USCIS) have put on recently. Specifically, on June 13, 2007, the State Department announced that people seeking permanent residence based on employment would be allowed to proceed to file their applications starting on July 2, 2007

    As a result, I took immediate action, spending a huge amount of time and effort preparing all the required documents and having them sent out to my attorney ASAP. However, on the very morning of July 2, the US Department of State announced that they just changed their mind and decided to reject all applications. This is such a ridiculous hoax, and it’s particularly shocking when you realize that such nonsensical and willy-nilly decisions came from the US Department of State!

    As a hard-working student, I got my graduate education in this great country and was fortunate enough to get a job upon graduation. As a law-abiding individual, I have been waiting patiently in line for years to file my application for permanent residence. Yet what I’ve just seen and experienced is more than disappointing not only to me, but to thousands upon thousands of legal immigrants just like me who have struggled so hard to deal with all kinds of difficulties for years and have been doing it the right way.

    I have below questions needed to be clarified:

    1. How many applications have USCIS received during the period 6/14/2007 through 6/30/2007? This number is critical because apparently this number has changed the US Department of State’s opinion about the visa availability from available to unavailable in 15 days. And a more interesting question is that is this number predictable? In another word, did the US Department of US take this number in consideration when they determine that the visa will be available to all employment-based immigrants on June 13, 2007?

    2. The announcement of the revised July visa availability was made in the earlier morning of July 2, 2007. Apparently, the decision was made before but not in the morning of July 2, 2007. Then, why didn’t the US Department of State release the news as soon as the decision was made in a good faith effort to inform all potential applicants at the first time? It should be anticipated that a lot of applicants would their application at the very beginning of the month. As you can imagine, all those effort are just wasted. And the worst of all is the feeling of being cheated and being fooled around.

    3. My application was prepared to send to USCIS on July based on the best information available at that point of time. However, the application will be rejected/returned in accordance with the sudden announcement made in the morning of 7/2/2007. Does the US Department of State have the legal right to revise the cut-off date without going through certain procedures? Can we still trust and rely on the visa bulletin issued by the US Department of State to prepare our change of status application in the future?

    Again, this is such a ridiculous hoax and it’s hard to believe the US Department of State just ate its own word like that. That is why I would like to take the liberty of writing to you about my outrage. I sincerely hope that you can take some precious time looking into this, and also at the current immigration system, which I believe is seriously flawed and patently unfair.



    Thanks and best regards,


    xx



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  • PlainSpeak
    01-13 03:12 PM
    I think IV should get a new law introduced which changes the surplus visa trickle down policy so that equal number or visas gets distributed between EB3 & EB2. This law will have maximum possibility of getting passed.
    Nuke buddy are you off your rocker. These guys will kill you for even suggesting it. I myselft have taken all kinds of abuses from everyone here and i myself had the presence of mind to not go there. Leave it . That law is the law. Of course it did hurt EB3 but what it did is take the unfair benefit that EB3 was getting because of wrong interpetation of the law. No all that is water under the bridge.





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  • Caliber
    09-04 02:08 PM
    So next time of election, take vacation and go home, do campaigning, spend money and vote out the govt. you dislike, if you are real serious.

    Thanks for your advice indeed. I can not go and vote. If I go, they will kill me. They killed several hundred people just because they did not agree to sell their lands at 1/100 of a price.

    Please do not compare Kerala with Andhra. Today's AP is nothing but earlier Bihar. YSR and gang have terrorised the whole state, govt and judiciary.



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  • NKR
    02-15 06:34 PM
    probably true but because most of them are on H4 which means someone else in their family is H1.

    what will they do at home anyway?. wouldn't it be better if they be allowed to work than force them to go and study?





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  • iv_only_hope
    07-24 06:15 PM
    Have some more comments from Atty Ron. Might be interesting to discuss if already not brought up.

    "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."





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  • amoljak
    10-24 11:11 AM
    We have so much discussion on this topic in many threads but i dont know why people want to discuss samething again and again.

    We know LC substituion is good for few and worst for many...

    Admins can you please close the thread...

    One person stepped out of the line and another one took his place... How is that worse for you (or anybody else)? (let alone worst) You are still 957,643rd in the line :)





    samay
    07-15 01:34 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.

    Hello,

    If your son has a AP then he can go study in India so long as he comes back every year and renews his AP. If he continues to do this his status will not be considered abandoned.





    vdlrao
    09-17 02:03 AM
    I got the below numbers from the PERM FDLC site for the applications filed in 2005 and approved in different years of 2005,6,7,8
    2005 India 1353 (filed in 2005 and approved in 2005)
    2006 India 3888 (filed in 2005 and approved in 2006)
    2007 India 60 (filed in 2005 and approved in 2007)
    2008 India 10 (filed in 2005 and approved in 2008)

    Total 5311
    5311 for both EB1-5 : So taking 50% for EB2I - 2655
    GC : 2655*2.5 = 6637 ~ 6500 (considering lucky 2008 Aug-Sep approvals, 2009 Sept)
    These are the right numbers for the 2005. Thanks for tempgc for doing this. And the corresponding numbers 3888, 60, 10 have to be deducted against from the years 2006, 2007 and 2008 respectively.



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