bitu72
09-29 02:09 PM
HI can some body answer if we can apply for canadian PR with H1 B valid for less than 1 year.
For canadian citizenship you have to be in canada for 2 yr(physicaly) and after 3 yr after stamping
For canadian citizenship you have to be in canada for 2 yr(physicaly) and after 3 yr after stamping
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mbartosik
12-13 11:45 AM
There may or may not be constitution grounds to challenge the law, I've thought about this too, however from a pragmatic point of view....
1) The money needed to pay the lawyers would likely be more than for lobbying. Importantly money for legal costs is best to be on hand -- i.e. good cash flow, otherwise you risk missing legal deadlines. It would mean diverting money from lobbying. If we were flush with cash e.g. every member paid just $100 per year this would work.
2) Even among members of congress that are behind us, several have reservations about removing country cap (although they are willing to raise it).
3) EB3 ROW is retrogressed anyway. India EB3 is about May 2001, and ROW EB3 Oct 2002. The effect of only removing country quota would be put EB3 generally at about Oct 2001.
The way to move forward for all is to increase total through put, e.g. raise caps, remove dependents from caps, recapture unused quota, tie caps to multiple of H1B quota. For ROW it would move steadily forward, and India move and then would jump forward every 4th quarter with massive spill over from ROW.
As I said I'm not against the idea in principle, just being pragmatic.
1) The money needed to pay the lawyers would likely be more than for lobbying. Importantly money for legal costs is best to be on hand -- i.e. good cash flow, otherwise you risk missing legal deadlines. It would mean diverting money from lobbying. If we were flush with cash e.g. every member paid just $100 per year this would work.
2) Even among members of congress that are behind us, several have reservations about removing country cap (although they are willing to raise it).
3) EB3 ROW is retrogressed anyway. India EB3 is about May 2001, and ROW EB3 Oct 2002. The effect of only removing country quota would be put EB3 generally at about Oct 2001.
The way to move forward for all is to increase total through put, e.g. raise caps, remove dependents from caps, recapture unused quota, tie caps to multiple of H1B quota. For ROW it would move steadily forward, and India move and then would jump forward every 4th quarter with massive spill over from ROW.
As I said I'm not against the idea in principle, just being pragmatic.
sammyb
02-13 02:41 PM
and realizing the issue itself...
we like the American citizens, live in a protectionist mode ... even if we are not getting benefitted but we still want to law in place as this gives some comfort in mind ...
I would ask all those who are opposing the removal of per country cap - for one day only lets switch your shoes with someone who filed his labor in 00 or 01 and see how it feels ... then come here tomorrow and discuss this issue again from the beginning ... you need to feel it to realize the pain...
it won't do any good by arguing against or for a cause which may or may not help you me or someone else ... the whole EB GC process is a mess and someone needs to exert the right push to make this correct ... at today�s date IV is the only organization doing that ... so join hands and do it together ... down the line after ten years you shouldn't feel that you have had the opportunity but you didn't do enough to take care of it...
What ever gave you the idea that EB ROW only wait for 3 years? There's this common misconception flying around here that somehow ROW just cruises by and we get GC handed to us on a platter when in fact up until yesterday EB-3 ROW was just as retrogressed as any other category not to mention that labor (pre PERM) and name check delays affected ROW just as much as everyone else. For instance, my brother, who is EB3-ROW with a PD of Dec 2002... and has been in the US since early 2000 and is still waiting in line...so do the math.
We're all in this crap together, some worse than others... so let's stop with this ROW Vs India & China nonsense. Country quotas are unfair and frankly the entire GC process is unfair and unpredictable... We should aim for solutions that solve this issue in a comprehensive way, not by dividing us even further.
we like the American citizens, live in a protectionist mode ... even if we are not getting benefitted but we still want to law in place as this gives some comfort in mind ...
I would ask all those who are opposing the removal of per country cap - for one day only lets switch your shoes with someone who filed his labor in 00 or 01 and see how it feels ... then come here tomorrow and discuss this issue again from the beginning ... you need to feel it to realize the pain...
it won't do any good by arguing against or for a cause which may or may not help you me or someone else ... the whole EB GC process is a mess and someone needs to exert the right push to make this correct ... at today�s date IV is the only organization doing that ... so join hands and do it together ... down the line after ten years you shouldn't feel that you have had the opportunity but you didn't do enough to take care of it...
What ever gave you the idea that EB ROW only wait for 3 years? There's this common misconception flying around here that somehow ROW just cruises by and we get GC handed to us on a platter when in fact up until yesterday EB-3 ROW was just as retrogressed as any other category not to mention that labor (pre PERM) and name check delays affected ROW just as much as everyone else. For instance, my brother, who is EB3-ROW with a PD of Dec 2002... and has been in the US since early 2000 and is still waiting in line...so do the math.
We're all in this crap together, some worse than others... so let's stop with this ROW Vs India & China nonsense. Country quotas are unfair and frankly the entire GC process is unfair and unpredictable... We should aim for solutions that solve this issue in a comprehensive way, not by dividing us even further.
2011 Tom Petty amp; the Heartbreakers
Sakthisagar
06-11 09:37 AM
Why are you so worried? Dont be scared, make enough money and dont make silly financial decision. You can take your kitty back if push comes to shove. Economies in India and China are booming and you wont die hungry. I guarantee you that.
Economies in India and China are booming??? booming accroding to their economies not definitely competing with USA what is the value of 1 Indian Rupee in US dollars. just simply dont air some tactics around. As long as 22 Political parties rule India na each one having different agenda Forget about India becoming a developed country.
And don't dump USA as just like that it is also one of the Biggest and Greatest economy in the world, Still till this moment Dollar Rules. full stop.
Economies in India and China are booming??? booming accroding to their economies not definitely competing with USA what is the value of 1 Indian Rupee in US dollars. just simply dont air some tactics around. As long as 22 Political parties rule India na each one having different agenda Forget about India becoming a developed country.
And don't dump USA as just like that it is also one of the Biggest and Greatest economy in the world, Still till this moment Dollar Rules. full stop.
more...
485Mbe4001
05-29 06:07 PM
I have been saying this for the past one year, let us forget everything else, let us not come up with new rules or ideas or suggestions (new quotas, fraud detection, sue USCIS fund, exteneded APs etc). Focus all our energies on the one issue that will help everyone from all affected countries....Recapture of Unused Visas.
Recapture campaign will not divide us in EB 1 Vs 2 Vs 3 or countries. Over the past year a number of people have quit because of the bickering.
Recapture has a precedent because it was approved by Clinton earlier.
Recapture is free of country caps and it does not affect the existing visas. Murthy's article mentions that 120k are stuck in limbo and we know that there are around 400k visas available...i dont know what more motivation people need to fight for this issues.
On our own each one of us can do the following:
a) Try to arrange a meeting with your congressman and senators
b) write a letter to all members of the Judicary committee
after that do whatever IV tells you to do
can somebody summarise it and make a action plan
Recapture campaign will not divide us in EB 1 Vs 2 Vs 3 or countries. Over the past year a number of people have quit because of the bickering.
Recapture has a precedent because it was approved by Clinton earlier.
Recapture is free of country caps and it does not affect the existing visas. Murthy's article mentions that 120k are stuck in limbo and we know that there are around 400k visas available...i dont know what more motivation people need to fight for this issues.
On our own each one of us can do the following:
a) Try to arrange a meeting with your congressman and senators
b) write a letter to all members of the Judicary committee
after that do whatever IV tells you to do
can somebody summarise it and make a action plan
bestofall
07-14 09:46 AM
Hi Attorney ,
Thanks for your service.
Iam July 2 2007 485 Filer ( EB2 - March 2005 India).
I have received EAD & AP . Even we renewed our EAD and received Approval.
but My wife & my self have not received BioMetric Appointment for 485 or EAD.
As per August 2008 bullietin , Our PD will be current ...
what will be the impact on 485 Approval , of not having BioMetric Appointment scheduled , even after 1 year of 485 filiing..
Thanks again
Bestofall ..
Thanks for your service.
Iam July 2 2007 485 Filer ( EB2 - March 2005 India).
I have received EAD & AP . Even we renewed our EAD and received Approval.
but My wife & my self have not received BioMetric Appointment for 485 or EAD.
As per August 2008 bullietin , Our PD will be current ...
what will be the impact on 485 Approval , of not having BioMetric Appointment scheduled , even after 1 year of 485 filiing..
Thanks again
Bestofall ..
more...
msp1976
02-19 08:13 AM
EB2 Ind & Chi.. if dates dont move for April (new calendar quarter), we better start donating too
To anyone sitting on the fence, waiting for X event to occur so that they would donate to IV.......
There is no great utopia waiting for you in April.....
Read this whole thread again please......
Now is the time to contribute money, a little bit of your time, a little effort to contact your lawmakers....
You better start 'Contributing' NOW
This is the time window for action...
To anyone sitting on the fence, waiting for X event to occur so that they would donate to IV.......
There is no great utopia waiting for you in April.....
Read this whole thread again please......
Now is the time to contribute money, a little bit of your time, a little effort to contact your lawmakers....
You better start 'Contributing' NOW
This is the time window for action...
2010 Tom Petty And The
timberlake
09-04 04:17 AM
What you have mentioned is the only good thing Mr. Backstabbing Naidu did. rest of AP is like Hell except Hyd... Govt employees pensions on the edge to be removed... Power charges increased 600% .. He is a next to dictator... one has to bow to his party men the villages or cities ... even a simple activity needs his partymen's approval... This is what makes difference... any politician is a politician... just a diff how one interacts with ppl makes one like YSR. undoubtedly there are poor ppl who got benefited from him. land sale was intially started by Mr. Naidu...
Btw he just had 2 acres of land now he is king of 2000+ Crores... think about it also... AP media has yellow fever...
Btw I am from AP and i take side and i went through it...
on part of Corruption... there is corruption with any party and in all stages of govt... But he is far far far better than dictator naidu ... no one bothered for him when he was almost attacked during once by naxals... think about it...
btw _TrueFacts_ you also look into these facts before commenting... may be you just have TDP/eenadu _YellowFacts_...
Btw he just had 2 acres of land now he is king of 2000+ Crores... think about it also... AP media has yellow fever...
Btw I am from AP and i take side and i went through it...
on part of Corruption... there is corruption with any party and in all stages of govt... But he is far far far better than dictator naidu ... no one bothered for him when he was almost attacked during once by naxals... think about it...
btw _TrueFacts_ you also look into these facts before commenting... may be you just have TDP/eenadu _YellowFacts_...
more...
immi_seeker
09-17 01:13 PM
I wish your prediction is correct, but do you think the spill over happens from the first quarter,
As per the trend, we are seeing the spill over only in the last quarter from last two years.
Assume the spill over happens only in last quarter. Then for the first quarter EB2I will only have 3000/4 = 750 visas. This is equilent to 300 Eb2I applications. We all know that there are atleast 300 applications easily remaining in 2004 itself. If that was the case why didnt the dates retrogress in oct VB as everyone predicted?
As per the trend, we are seeing the spill over only in the last quarter from last two years.
Assume the spill over happens only in last quarter. Then for the first quarter EB2I will only have 3000/4 = 750 visas. This is equilent to 300 Eb2I applications. We all know that there are atleast 300 applications easily remaining in 2004 itself. If that was the case why didnt the dates retrogress in oct VB as everyone predicted?
hair Tom Petty and the
Macaca
06-28 08:09 PM
but if USCIS knew this (that June+July can finish all the numbers for 2007) then why does the visa bulletin talk about retrogression in September timeframe for India/China? Why not August itself?
That is why I (and my lawyer) expected dates to continue in July + Aug. I actually expected USCIS to continue and use 2008 quota and start retrogressing in Nov 2007.
My analysis is based on info in Ombudsman report. May be there is more stuff! May be something changed! May be they did not have # of adj applicants.
We can complain to Ombudsman!
That is why I (and my lawyer) expected dates to continue in July + Aug. I actually expected USCIS to continue and use 2008 quota and start retrogressing in Nov 2007.
My analysis is based on info in Ombudsman report. May be there is more stuff! May be something changed! May be they did not have # of adj applicants.
We can complain to Ombudsman!
more...
chanduv23
06-28 01:29 PM
I heard that Fedex is going on strike in Nebraska in the month of July and will end their strike when retro kicks in?
Did anyone else hear this?? Can anyone post a valid link to this other than
OH OH OH OH Mathew site link????
:D :D :D :D :D
Did anyone else hear this?? Can anyone post a valid link to this other than
OH OH OH OH Mathew site link????
:D :D :D :D :D
hot by Tom Petty and The
dvb123
02-14 07:46 PM
http://timesofindia.indiatimes.com/Why_Sania_wont_be_hounded_in_the_US_for_insulting_ flag/articleshow/2783772.cms
The Supreme court has the right to strike down laws effecting people
The Supreme court has the right to strike down laws effecting people
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Kushal
07-27 02:45 PM
So you think Murthy folks are wrong ? BTW, attorney Khanna also says the same.
You should first learn that there are different type of 1099. The one you get for Stocks and Investment include 1099-B, 1099-INT, 1099-DIV. Your Amway bosees will not inform you about these as they want your money.
If you lawyer has said that you are OK with this unauthorized business I suggest -- change your lawyer.
Yes it is 1099-INT. "Amway bosses will not inform you..?..anuthorized?"...why don't you check your own braincells. Nobody is boss of anyone. Every business owner receives a proper TAX form with all declarations every year. Neither Murthy/Khanna/ or any corporate law offices are wrong. You should talk to them explicitly before commenting.
Your sorry ass has lot of excuses. Don't open your mouth on things you don't know.
You should first learn that there are different type of 1099. The one you get for Stocks and Investment include 1099-B, 1099-INT, 1099-DIV. Your Amway bosees will not inform you about these as they want your money.
If you lawyer has said that you are OK with this unauthorized business I suggest -- change your lawyer.
Yes it is 1099-INT. "Amway bosses will not inform you..?..anuthorized?"...why don't you check your own braincells. Nobody is boss of anyone. Every business owner receives a proper TAX form with all declarations every year. Neither Murthy/Khanna/ or any corporate law offices are wrong. You should talk to them explicitly before commenting.
Your sorry ass has lot of excuses. Don't open your mouth on things you don't know.
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BharatPremi
09-25 06:05 PM
Pre-adjudication means that this particular case can be approved because everything else (Biometrics, Name-checks and all other checks/documentation) is in place - but a Visa Number is not available to approve case and issue GC
Earlier, USCIS wouldnt even touch a file and complete checks if the PD wasnt current. Now they pre-adjudicate - meaning they look at the case and determine if the case can be approved if the PD were current.....
Assigning a Visa Number is basically same as giving GC...once a visa number is assigned, all they have to do is order the production of the physical card...which happens in a few days and in another couple of weeks you actually get the card
Agree..about the clear definition of Pre-adjudication. But main question was about the accurate count of "Real pending" 485 which equals to "other pending" + "preadjudicated" + "awaiting cutomer response" + "new receipt" when you refer to USCIS's trend/volume charts.
While the other worksheet in the thread seems to be depicting the closet values to "other pending" of a trnd chart so that worksheet can not be considered authentic for a total count of "real pending" 485 cases.
Earlier, USCIS wouldnt even touch a file and complete checks if the PD wasnt current. Now they pre-adjudicate - meaning they look at the case and determine if the case can be approved if the PD were current.....
Assigning a Visa Number is basically same as giving GC...once a visa number is assigned, all they have to do is order the production of the physical card...which happens in a few days and in another couple of weeks you actually get the card
Agree..about the clear definition of Pre-adjudication. But main question was about the accurate count of "Real pending" 485 which equals to "other pending" + "preadjudicated" + "awaiting cutomer response" + "new receipt" when you refer to USCIS's trend/volume charts.
While the other worksheet in the thread seems to be depicting the closet values to "other pending" of a trnd chart so that worksheet can not be considered authentic for a total count of "real pending" 485 cases.
more...
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geevikram
01-22 11:26 AM
At Chicago POE, immi officer took my passport and 797 [entire bunch of papers] called up my HR Manager and after speaking to my HR manager gave me I-94 until 1st April 2012 [date on my 797].
Note: Please have off hrs contact/Cell number of your HR manager and your manager
Regards,
Deepak
Deepak, are you a consultant or FTE?
Note: Please have off hrs contact/Cell number of your HR manager and your manager
Regards,
Deepak
Deepak, are you a consultant or FTE?
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navin80
07-21 10:31 AM
Company A applied for labor(EB2) in Dec2006. It was approved.
My I140 was filed in March 2007 and approved on Jan 10 2008.
I did not file for I485 in August last year.
I had changed companies in April 2007.Presenly I am on Company B payroll.
Now, If I move back to Company A, would I be able to apply for my I485 when the date opens.
The online status for I140 says, Approved.
I am in good terms with both the employers.
If I move to company A; at the time of applying I485, do I need to have paystubs from Company A?
Please help. Thanks.
My I140 was filed in March 2007 and approved on Jan 10 2008.
I did not file for I485 in August last year.
I had changed companies in April 2007.Presenly I am on Company B payroll.
Now, If I move back to Company A, would I be able to apply for my I485 when the date opens.
The online status for I140 says, Approved.
I am in good terms with both the employers.
If I move to company A; at the time of applying I485, do I need to have paystubs from Company A?
Please help. Thanks.
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GC_1000Watt
09-24 02:39 AM
based on your calculations it seems that
sep/oct 2010 bulletin might have Sept 2006 as priority date for EB2-I.
sep/oct 2010 bulletin might have Sept 2006 as priority date for EB2-I.
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jayus2k
12-13 11:46 AM
We don't have to discuss with lawmakers. The congress can pass any law and the law will be implemented as long as the courts decide it is not constitutional.
Given our current state, the current laws do not work (for us).
we have two alternatives->
change the law (Lobbying helps here)
challenge the current law (Judicial review will help here)
Given our current state, the current laws do not work (for us).
we have two alternatives->
change the law (Lobbying helps here)
challenge the current law (Judicial review will help here)
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legal_la
07-04 04:02 AM
Thanks for your diggs. If you go and check the Upcoming stories tab - it has made it to the top in "Hot in All Topics" list...
keep digging....
Hope some one will pick up that news. we can go to bed now, we have done something fruitful for today.
keep digging.
keep digging....
Hope some one will pick up that news. we can go to bed now, we have done something fruitful for today.
keep digging.
alisa
02-18 12:10 PM
Also all arguments came out of UnitedNations unfortunately are already present and deep seated in a very large %age of our compatriots....That is the main reason behind the less mobilization......
I differ with you again, my friend.
The main reason(s) behind less mobilization is this. Pappu described this on a different thread.
1) Ignorance about the true nature of the problem
People like you and I don't know that without a change in the laws, they won't get their greencards for another 10-20 years.
2) Lack of faith and understanding of the system
People like you and I, once they know that they are getting screwed, think that the situation is hopeless. They don't understand that the merits of our case (you alluded to them in your previous posts, the demographic shift due to the baby boomers retiring requires skilled labor in this country), is sufficient to warrant a sympathetic ear to us in the congress. We CAN freaking get out of the mess we are in.
We have to accept these two problems. And then we have to address them. How do we do that? Thats the big question.
I differ with you again, my friend.
The main reason(s) behind less mobilization is this. Pappu described this on a different thread.
1) Ignorance about the true nature of the problem
People like you and I don't know that without a change in the laws, they won't get their greencards for another 10-20 years.
2) Lack of faith and understanding of the system
People like you and I, once they know that they are getting screwed, think that the situation is hopeless. They don't understand that the merits of our case (you alluded to them in your previous posts, the demographic shift due to the baby boomers retiring requires skilled labor in this country), is sufficient to warrant a sympathetic ear to us in the congress. We CAN freaking get out of the mess we are in.
We have to accept these two problems. And then we have to address them. How do we do that? Thats the big question.
neocor
01-09 01:33 PM
I just got to this site via from immigration portal.
I have been reading a lot in the other forum and here about the ways to cure retrogression. Lobbying for more Visa's and other things that were part of the S.1932 bill are fine, however these things are not going to solve the retrogression problem even if such a bill gets passed.
No one seems to be talking about the real problem that is Labor Substitution. Abolishing Labor Substitution will itself take care of every retrogression problem.
The INS does not have the right tools to police the misue of this rule. This is resutling in a lot of problems for even those employees whose Labor's get substituted even if they are still working in the same company.
Any effort to reform immigration should start with first reforming the Labor Substitution rule (if not completely abolish).
I know that all the companies/employers and the lawyers community are against removing the Labor substitution, therefore it will never be removed, but atleast it should be reformed so that it can be better policed so that no one is able to misuse it and play with peoples lives. And in turn add to retregression.
Following reforms are needed in Labor Substitution.
- First thing in the Labor Substitution reform is related to the Priority date. The Priority Date for a substituted Labor should the date when the Labor is substituted (or the I-140 filing date). It should not be be the date when the Labor was originally filed. This in itself will solve 90% of the problems related to retrogression.
- When a Labor is substituted it should be verified immediately to find if there is any I-140 or I-485 that is pending based on this Labor. If so then the Labor should be rejected immediately. Currently this is not done at the time the Labor is substituted, therefore the resulting 485 filing just amounts to add up into the backlog of Visa Number requirement, until the priority date becomes current for this 485.
- If an employee invokes the AC21 then that Labor should not be allowed to be substituted.
- There should be a limit to the time until which a Labor can be substituted. This could be debatable and could have other consequences, as the INS could invalidate any GC application that is been pending for more than the this duration.
In short the Labour substitution rule is in a mess and is getting miused a lot. People are getting fooled by the employers, and ultimately its making the retrogression more worse.
neocor
I have been reading a lot in the other forum and here about the ways to cure retrogression. Lobbying for more Visa's and other things that were part of the S.1932 bill are fine, however these things are not going to solve the retrogression problem even if such a bill gets passed.
No one seems to be talking about the real problem that is Labor Substitution. Abolishing Labor Substitution will itself take care of every retrogression problem.
The INS does not have the right tools to police the misue of this rule. This is resutling in a lot of problems for even those employees whose Labor's get substituted even if they are still working in the same company.
Any effort to reform immigration should start with first reforming the Labor Substitution rule (if not completely abolish).
I know that all the companies/employers and the lawyers community are against removing the Labor substitution, therefore it will never be removed, but atleast it should be reformed so that it can be better policed so that no one is able to misuse it and play with peoples lives. And in turn add to retregression.
Following reforms are needed in Labor Substitution.
- First thing in the Labor Substitution reform is related to the Priority date. The Priority Date for a substituted Labor should the date when the Labor is substituted (or the I-140 filing date). It should not be be the date when the Labor was originally filed. This in itself will solve 90% of the problems related to retrogression.
- When a Labor is substituted it should be verified immediately to find if there is any I-140 or I-485 that is pending based on this Labor. If so then the Labor should be rejected immediately. Currently this is not done at the time the Labor is substituted, therefore the resulting 485 filing just amounts to add up into the backlog of Visa Number requirement, until the priority date becomes current for this 485.
- If an employee invokes the AC21 then that Labor should not be allowed to be substituted.
- There should be a limit to the time until which a Labor can be substituted. This could be debatable and could have other consequences, as the INS could invalidate any GC application that is been pending for more than the this duration.
In short the Labour substitution rule is in a mess and is getting miused a lot. People are getting fooled by the employers, and ultimately its making the retrogression more worse.
neocor
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