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  • EB-VoiceImmigration
    01-15 03:18 AM
    i will certainly comment on this gcperm issue. I mean who is this guy ?? Has he messed up you peoples mind so bad that you keep seeing him everywhere. I mean what has he said that was so bad that you guys start frothing at you mouth and behaving like this.
    :d:d:d:d





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  • onemoredesi
    05-19 08:57 AM
    Thanks for the advice friends.
    My brother applied and got his GC approved through labor substitution. It was really safe in the past. With the proposed bill to abandon the labor substitution, I'm a little concerned if it is alright to proceed.
    I've talked to one of the attorney's and he mentioned that the Labor substitution will not likely go away as during the comment period they received a number of objections. But, nothing is certain.

    My other concern is if the proposed immigration bill does some good to the legal immigrants, then whatever I am doing will be a waste and I'll be losing all of what I have in my current company (I am very well setlled in a multinational company in a good position). I am torn apart whether to take that risk or to stay put in the existing company.
    When do you think the BEC's might complete the processing of existing backlogged applications?
    When do you think any of these amendments will be implemented?
    Lots of questions.. Your responses are highly appreciated.

    Thx,
    1MoreDesi!





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  • BharatPremi
    07-13 02:04 AM
    And Do you (canadian wanna be) have any clue that to get respected salary and position you will be forced by illiterate Canadians to have "Professional Engineering Certificates"... It will suck blood out of your body for 5 years... So just do not read "Greener Side" of Canadian Immigration... I know it may not be applicable to all but more or less most of will have to face the same music in their careers. My all Canadian friends and relatives want to be Americans.. Only some of them practically could proceed for that.. After some stage of life it becomes hard to move families.. That is the reason they are facing now to take decision and simultaneously do not want to live in Canada anymore.. If you have 101 fever it will take 1 month to have Doctor's appointment... GST.. Higher taxes.. statistically there are chances "Most of members of this forum - Canadian Wanna Be" will have less promotions and/or increments in salary eventhough they will find themselves most skilled wherever they will work. Top posts would be the dream for most of you guys unless you start your own business.. if you understand what I am trying to tell... In USA it is not that way.... Having said this I can not say that everybody will experience the same what I am trying to portray but most fo them will.





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  • vin13
    09-15 12:41 PM
    Seems like the spill-overs happen at the end of the year which helps dates for India to advance.

    Has the process changed to where the spill-over is calculated and issued every quarter? If not, this could be a possible administrative change that can be proposed by IV.



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  • PlainSpeak
    01-13 12:44 PM
    I think you should start EB3India.org (not affiliated to IV) similar to EB3Chinese.org
    There is an old chinese saying

    Be careful what you wish for it just might come true





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  • mariusp
    02-13 02:28 PM
    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.


    Per country quota is what is killing India/China.. and that is the fact.. on an average ROW person waits for 3 years whereas India/China wait for eons.. as WD said if some one wants diversity go apply for a lottery or for better seek asylum... :mad::mad:



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  • reachinus
    07-30 04:04 PM
    Hello Atty, Hope you can reply to my question as well. Please let me know if I should contact the CBP and tell them about this or just ignore.

    Thanks for your time in advance.



    I am not saying that the AP cannot be used again, but it cannot be used after the Validity on the AP which is 1 year from the Issue date and the date on the I-94 doesn't have any meaning.

    For example
    My AP was issued on Oct 18th 2007 and I can use it to travel till Oct 17th 2008. But people are saying that they are issued an I-94 with a date which is 1 year from the date they enter/use the AP.

    But my concern is that I was issued an I-94A which doesn't have any date on it. Should I be concerned about that?





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  • villamonte6100
    12-14 12:30 PM
    Hello All,

    First and foremost, i must thank everyone from IV, who is working tirelessly to resolve the issues of retrogression in the GC process. As an affected individual I am very grateful that leaders of IV are ready to contribute so much effort for its goals. And even though I do not actively work for the IV agenda, I have contributed money to some IV action items.

    I have a question/suggestion regarding the IV agenda. On IV's about page, pt number 2 asserts amongst other things,
    The Discriminatory Per-Country Rationing of Green Cards That Exacerbates the Delays.

    and further in the same point

    We do not allow employers to discriminate hiring based on their nationality or country of origin. Therefore, the employment-based immigration, which is a derivative benefit of employment, should also be free from rationing based on nationality or country of birth.

    I am curious to know what is the "legal" strength of these assertions is. Are they just "moral" statements or can the validity of these statements be tested in the legal framework of this country? In other words, my question is what is the constitutionality of the "Per Country Caps" in Employment / Family Based Immrigration procedures.
    A lot of Laws and Statutes have been challenged in the Judicial System of USA. And many more are challenged every year. And if the laws are not constitutional then they can be repealed.

    I am sure the leaders of IV must have thought about this argument however a quick search of the forums with 'constitutionality' as the search term did not return any results.

    IV's efforts to utilize Lobbying to bring about change to alleviate/eliminate retrogression are certainly beneficial. However, if IV has not already considered and eliminated this legal argument, then it should explore whether there is any substance to this approach.

    Hence this post. Below are some of the links that might be relevant.

    wikipedia article on constitutionality (http://en.wikipedia.org/wiki/Constitutionality)
    wikipedia category on US immigration case law (http://en.wikipedia.org/wiki/Category:United_States_immigration_and_naturalizat ion_case_law)

    thanks and sincerely,

    --soljabhai

    You don't have a case. Before laws are signed, lawmakers spend hours and hours or weeks arguing, debating and modying before it is passed by both Senators and congressmen.

    If they change the current law to favor Indians, then it will be disciminatory to other nationals. Think the other way.

    Personally, I don't see any discrimination in the existing law. It so happened that you came from Indian and the law only allows a certain percentage per country.



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  • GCMan007
    06-28 06:48 PM
    and everyone started having a sane discussion...

    hope fully this would help
    http://www.imminfo.com/resources/cissop.html

    Read couple of pages forward....thanks Ramba

    http://www.imminfo.com/resources/cis-sop-aos/1-16.html

    According to this manual..visa availability is determined by Visa bulletin ALONE..no where it mentions to look for an interin memo from INS..





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  • la6470
    01-15 07:09 PM
    What happens to them?



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  • Madhuri
    09-23 02:10 PM
    This is a very good initiative and moreover the timing is perfect for this.
    I sent out emails and did my part.





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  • a_yaja
    07-21 02:58 PM
    I have come across quite a few of the Amway/ Quickstart folks. Like most of the people have described here, they usually approach me in Walmart, Meijer, etc. My first experience was in the temple. This dude and his wife went "oh wow! you know so many languages." After talking to the dude, he said that he knew some of my childhood friends and he remembered my face and that we could have possibly played cricket together in our childhood days (this itself should have raised red flags - but I was naive then and didn't think twice). Long story short, we exchanged phone #s and next day he called me and asked me to meet him at his home. He was running an "ecomm business" and was looking for partners. I asked him if he was talking about Amway and he innocently asked me "What is Amway?" I agreed to meet him but something bothered me. I called up another childhood friend who was in Amway and asked him about this dude. Sure enough he was an Amway-ite and already a "Diamond". I was mad and did not go to his house. He called me a couple of times but I never picked up the phone.

    That encounter was a bitter experience for me and I decided that I will not entertain any more desis who do cold contacts. However, soon I forgot all about him and I had 2 or 3 more such "cold" contacts (it took me about 3 more experiences to realize the Amyay "cold" contact pattern). I decided that enough was enough. From then on if a desi approached me in any of the stores and decided to do a "cold" contact, I would be on my guard. I would not become angry or irritated (after all they are humans too and they are just doing what they believe will give them a better life) - I would just steer the conversation to what I would like to do in my life. I would spin some yarn about how I am really happy volunteering to help kids in 1st and 2nd grade improve their English reading skills (which I really did) or how I liked taking part in the local community college's adult literacy program (helping adults prepare for GEDs, etc - again which is something I do). I would then go on and become philosophical about how these days everyone is after money and think about money all the time and how this is creating a very unhealthy state of mind, especially among Indians. I would make sure to tell the person that I would not like to go down that path and being a pious Hindu, my goal is to attain Moksha by leading a simple life.

    By this time if the dude has not run away from me, I will ask him what his objectives are. Usually they say that they can understand where I am coming from and congratulate me for all my community service (I am rolling all over the place in my head - but somehow keep a straight face). One guy even went so far as to tell me that he is on the other end of the spectrum and he gives away a lot of money in charity. He even told me that I should consider going that route as well. After the meeting, I call up my Amway friend and ask him if XYZ is in Amway and the answer has always been yes.
    Inspite of all this if the dude asks for my phone number (and this has happened once), I come up with the story that I forgot to bring my cell phone and proceed to give the person the phone # of the local pharmacy. I also suggest that he give a "missed call" (again rolled all over the place in my head when he gave a missed call) so that I can note down his # when I go home.
    I just had to get this off my chest when I saw the Amway thread. Hopefully others can also turn a potentially unpleasant situation into a pleasant situation and have fun at some other person's expense.



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  • mallu
    02-13 02:13 PM
    I am eating 3 times a day and looking for the fourth meal. Meanwhile there is a bunch hanging around the kitchen looking for atleast 1 meal a day. The food supply is limited. If i join with those , i might be in a situation of 2 meals a day. Even though justice is done with respect to whole lot, there was some injustice to me. What is then the incentive to work with IV ? Wasn't that the tone of question ?





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  • samay
    07-14 07:09 AM
    Dear Sir / Madam,

    I am currently on OPT which is valid till July 2009. Also, my H1-B is approved through a company X starting oct 2008. Currently I got a job with company Y on my OPT. Can I continue to work on my OPT with company Y till July 2009? OR Do I need to transfer my H1B to company Y to be able to continue to work after Oct 2008?

    Regards
    Swetha.

    You do need to transfer your H-1 B to company Y in order to work after Oct.2008.



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  • vin13
    09-15 12:52 PM
    For FY2010 there are very less GC applications filed by ROW & EB1 due to bad economy. If USCIS waits till last quarter then they wont have much visa usage during previous quarters. So it makes sense for USCIS to allocate spill over numbers on a per quarter basis. We never know how it works

    I agree that it makes sense for USCIS to allocate spill over numbers on a quarterly basis.

    But i doubt if they are allocating spillover quarterly. If they did, then we should have seen steady movements and not a rapid movement of dates in the last quarter.

    We should certainly get a clarrification from USCIS about this. This could be a potential administrative change without congress intervention.





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  • JazzByTheBay
    07-11 08:19 PM
    Have heard good things about Maple Intl. We filed on our own without any agencies. It's not terribly complicated, and certainly not the nightmare that getting a US permanent residence is with its 3-step process of LCA, I-140 petition for immigrant worker and I-485 AOS (or CP).

    At times I wonder why they continue with this terribly complicated process in the U.S. - it clearly isn't working, but as long as it keeps the hordes of DoL and USCIS folks employed, I guess it serves its purpose.

    jazz

    Maple International is very good if you are in the west



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  • mallu
    02-12 08:37 PM
    http://www.state.gov/s/inr/rls/4250.htm





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  • somegchuh
    10-18 06:42 PM
    You have hit the nail right on the head. They issued 225000 H1b's between the years and 2000 and 2002 but the GC quota remained the same. Also, there is no quota for H1 (large # goes to India/Chine) but there is a quota for GC.

    The idea is they want to control it so that only a third of the ppl who come on H1 end up getting a GC. They make the GC process hard one way or the other. Either you get stuck in the labor queue or in the retrogression queue. The average time to get has always been 4 years. Some ppl get lucky and get it in less than 3 and some get unluck and spend over 5 years trying to get it!

    Ultimately the question for everyone is how long are you willing to put your life on hold? If you wait long enough you will get it. They seldom reject cases (unless it was a fraudulent case).



    Having said that lot of us are thinking about leaving because US is making harder and harder for people like us to stay here and lot of us don�t want to put our lives on hold for years and years hoping that may be one day I�ll hit the jackpot called green card. On the other hand, lot of us don�t mind waiting and have been waiting for long time. It�s a matter of preference. Remember you are supposed to be a guest here. Do your work and get the hell out of here. Only 140000 guests are allowed to stay back and rest have to pack their bags. I mean that�s the real intent behind this quota system.

    To make long story short, for lot of people US is not the option available on the table so quit comparing US against others. Just think about where you might end up if you didn�t move to Canada and compare that country against Canada.





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  • qualified_trash
    10-24 10:24 AM
    Ok got it thanks Amoljak

    So then that is the only way one can SELL you an approved LC?
    there are also genuine cases where a big company will use the labor approved to try and retain another employ. say they file for LC for employee A. it gets approved but A decides to quit. they can then reuse it for an existing employee who is important to them and employee B then essentially gets to the I140 stage.





    gdilla
    07-26 02:25 PM
    I suspect being unemployed in any country is a crappy experience. Get a job first. There's lots of job sites online, check it out for yourself. Tap your network, etc. You can even setup your own company/consultancy and serve your US clients if you so desire.


    But what about the jobs in Canada? How bad is it? Without a job, what is the point of quality of life etc.?





    pravarupa
    07-14 09:33 AM
    My Priority date is Jan 2006, EB2-India category having approved I-140. My husband is in EB3-India having pd Jan'2004, already applied I-485 (140 is approved) and got his EAD and AP. He is already using his EAD. I am a dependent in his I-485 but did not use my EAD and still continuing on H1-B.


    Since my case is EB2-India which is going to be current in August'2008. Am I eligible to apply for I-485 me being the primary and my husband being my dependent? If so would there be any problem when USCIS adjudicates my case?


    Will there be any movement for EB3-India in the coming year?

    Your valuable response is highly appreciated.



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