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Thursday, June 30, 2011

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  • kaisersose
    02-13 01:20 PM
    WDude, Googler, I am not against removing per country limits. But we need to have a cool head, think straight, objective and use facts. I just think it will be next to impossible to change the INA to remove those quotas so it's better to concentrate efforts on 1) visa recapture; 2) EB quota increase. Visas were lost mostly because of NC issue.

    I think visa recapture is the most likely bet. There is really no reason why anyone would think twice about it.

    EB Quota increase is next to impossible. The word "increase" will have many people tune out which will also affect any bundled propositions. One way to avoid this problem is to avoid using the word "increase"; by asking to not count family numbers in the EB quota or to count them in the FB quota. That will result in a huge increase in EB Quota without directly calling it quota increase.

    The other provision of allowing 485 applications without current PDs is a bad idea in my opinion. Anyone who enters the country will be eligible for AC21 in 8 months which is about 80% of a GC. Such a provision will result in huge abuse like the L visa and/or Labor substitution.





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  • JazzByTheBay
    12-13 05:53 PM
    The Visa Lottery (which afaik has been discontinued... )???

    jazz

    This problem has arisen out of a desire for the labor but not wishing to give the immigration benefits due to concerns which are not always convenient or comfortable to state.
    If H1b was also a quota system, this would all be a moot discussion. Since it is not, and we have an unlimited L1 program we have this situation.
    A few points are truly ridiculous. Anguilla with its 5K citizens has the same quota as India or China? How does that promote diversity. If every Anguillan applied in EB their quota would not get filled. Yet India has more diversity of religion, language, caste and virtually anything else you can imagine except perhaps ethnicity, arguably it has more diversity than Europe.
    The worst insult in my view is EB immigration being quota based in a so called meritocracy. Either you are a meritocracy or you are not. If you want to promote diversity, then you can do so in FB or diversity category or something like that. If you really want to promote diversity then, you can argue this country already has enough people of northern European, German, Irish, Italian ancestry etc.
    Which brings me to the main point, which is that it may be inconvenient, and it may be uncomfortable to say, but immigration(of all types) has, does and perhaps for the foreseeable future will have racial undertones.
    A constitutional challenge will invariably run into the issue of aliens not having the same rights as citizens since no other argument can realistically hold any sway.





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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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  • soljabhai
    12-14 05:34 PM
    100$



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  • ebizash
    07-27 02:35 PM
    Nobody is misguiding anyone. Talk to your lawyer and find out. Amway doesn't offer you employment.
    What you get is 1099-MISC the same you get for your stocks and investments. Talk to your lawyer and find out.

    Stocks and Investments get you 1099-Div... and that income is not reported on 1040 under Business Income.. Dividends and Interest incomes have their own line items on 1040 (Lines 8 and 9)...The business income is reported under line items 12 and if one makes enough money from the business then there is Self Employment tax - SS and Medicare taxes (Line 56). This is the line item that might get one in trouble with USCIS..You obviously have not filed 1099-MISC yet which tells me that you don't make $600 a year from Amway yet..otherwise you would have gotten a 1099-Misc

    -------------------------
    1099-A: acquisition or Abandonment of Secured Property
    1099-B: Proceeds from Broker and Barter Exchange Transactions
    1099-C: Cancellation of Debt
    1099-CAP: Changes in Corporate Control and Capital Structure
    1099-DIV: Dividends and Distributions
    1099-G: Government Payments
    1099-H: Health Insurance Advance Payments
    1099-INT: Interest Income
    1099-LTC: Long Term Care Benefits
    1099-MISC: Miscellaneous Income
    1099-OID: Original Issue Discount
    1099-PATR: Taxable Distributions Received From Cooperatives
    1099-Q: Payment from Qualified Education Programs
    1099-R: Distributions from Pensions, Annuities, Retirement Plans, IRAs, or Insurance Contracts
    1099-S: Proceeds from Real Estate Transactions
    1099-SA: Distributions From an HSA, Archer MSA, or Medicare Advantage MSA
    1042-S: Foreign Person's U.S. Source Income
    SSA-1099: Social Security Benefit Statement
    SSA-1042S: Social Security Benefit Statement to Nonresident Aliens
    RRB-1099: Payments by the Railroad Retirement Board
    RRB-1099R: Pension and Annuity Income by the Railroad Retirement Board
    RRB-1042S: Payments by the Railroad Retirement Board to Nonresident Aliens
    W-2G: Certain Gambling Winnings
    -------------------------------------

    I sincerely hope that it works out for you as it does for a few..





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  • BharatPremi
    12-14 05:26 PM
    Thanks bud. Yeah, I seem to have a "Ceiling" fetish. :D

    Anyways I only did a quick scan of your rather utopian scenario. But wouldn't the following help the that situation?
    1) Flow of un-used visas from ROW to OS countries
    2) Increase the TOTAL EB quota
    3) Exclude dependents
    4) Re-capture ( If any. But I doubt there will be anything left to recapture because in your Shangri-La USCIS would have been efficient enough to use up all the visas in the previos fiscal years).

    (I do detect some bitterness in your tone. I am only here to offer my view so please don't take it personally)

    Either you are kidding or wasting everybody's time. This thread is all about "investigating constituionality and effects of "Per country limit" . Nobody is saying, repeat, nobody here is saying that OTHER AGENDAS defined by IV should not be pursued or will not be pursued. Do you have anything to add about "Per country limit?



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  • captain
    03-26 01:18 AM
    Hello All,

    I have one question.My employer is pursuing me to go for labor substitution
    which is filied in Feb 2004.I got my H1 from Oct 2006.My skill sets and experience is matching with the orginal labor application.
    It is not approved labor, but just labor application(EB3 application).
    Can anyone tell me the time required to get name transfer on original labor application ? and whether it is beneficial to go for it instead of filing under PERM process.

    Thanks in advance

    Captain





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  • unitednations
    02-13 12:35 AM
    Keep in mind that only unused visas in eb1 and eb2 row filter down to eb3.

    Just about everybody from ROW is currently filing in eb2 and using up the visas and there is less to filter down to eb3.

    AC21 re-allocated visas every quarter if the total demand was less then the total visas available. This is not currently the situation. Therefore, the visas won't filter down to eb3 which went unused. This gives a chance for people from ROW to keep filing in eb1 and eb2. In the last quarter is when you will see the jump, if any because the unused visas will get allocated at that time.(keep in mind that BEC's are also releasing labors - as far as I know the april 2001 labors from california have not been approved yet; and there are a great number from that state).

    In the last year I know of at least three people and I imagine there are thousands more who did this:

    They enter on visitors visas. Their I-94 card may be valid for 90 days or 180 days. They have a pre-arrangement with a company or relative to find a company who will file perm labor in eb2; file 140 and 485 and then stay and get their greencard this way. Since perm labors get approved very fast and ROW people are filing in eb2 then they are taking up the quota. Main requirement of filing 485 is one has to be in valid non immigrant status. Anyone who enters USA in non immigrant status (h-1, h-4, L-1, F-1, F-2, B-1/B-2, etc.) and can get a perm labor approved in eb2 and they are from row will get their greencard in less then six months.



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  • newtoearth
    05-03 01:36 AM
    ...





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  • somegchuh
    10-18 03:42 PM
    What's your choice? Home Country and Canada. The choice isn't between US and Canada. If you had an option to live in US you wouldn't be talking about canada.

    If you compare US to canada you are all set for disappointment. The taxes are higher and jobs are definitely harder to find. Eveything is a little more expensive compared to US. (If you look at books CDN prices are always higher). But on the other hand, houses are way cheaper. What cost 600 K in SF Bay Area costs 350 K in Toronto suburb.

    Canada still has a higher standard of living than Europe/Australia. I recently met someone who's been in Canada for 40 years and he told me that the highest tax bracket is 35%. It used to be 45% about 10 years ago.

    Anyway, compare with going back home not US.


    Say even if you get the canadian PR, you have to pay tax's close to 45%.

    Medical is free but unless you are really sick or anticipate being sick, I think its not much of value. And if you are in a decent comp in the US you get almost free care.

    Also the job senario is not as good as its in the US. I heard its a lot more harder to get a job in Canada. Yes its true with PR you can work anywhere but how many of us will do that.

    In fact one of my friend told me the cost of living is higher there.

    I maybe naive and have limited knowledge about Canada, but from the above observations I think one will be disappointed to go to Canada from US.



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  • walking_dude
    02-14 09:37 AM
    hopefulgc - also make the commitments clear! Its not just sufficient to support ( as in moral support) the cause. Its important to participate in it.

    I think someone should change the Poll question to -

    Q) Do you commit to participate in a class action lawsuit against USCIS?

    1) Yes. I am willing to commit $500
    2) Yes. I'm willing to be a plaintiff ( full name and full contact info required)
    3) Yes. I'm willing to commit $500 and become a plaintiff as well
    4) No. I don't think it will work

    It will make it clear to everyone voting 'Yes' what's expected of them.

    hopefulgc - please dedicate some time and update your first post with more information on lawsuit, you may want to quote lazycis 's posts and other information.

    A lot of people may not be very knowledgable and may backoff when they see the word "lawsuit".

    Those who are saying YES on the poll - it is assumed that you will not backoff - if you have not yet updated your profile on IV - please update your complete profile - this will show that you can be counted on.





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  • alisa
    02-14 07:01 PM
    I tried to determine, on a separate thread, the wait times for EB-2 India, EB-3 ROW, and EB-3 India.
    ANd I failed miserably. My models didn't make much sense. So I quit trying to come up with a reasonable, mathematical, estimate on the wait times.
    The reason I was trying to determine wait times, was so that I could then convince people to join and contribute for IV. Basically, a media campaign, geared towards our base.

    Anyway, the point of this post is this. I don't need reasonable, mathematical estimates. Maybe, all I need is a quote. A quote from someone knowledgeable, like Aman. Or some lawyers association. Some chimpanzee from USCIS. I don't know. Just something that says 'It will take 10-15 years for EB-3 India to get their greencards.' Or something like that for EB-3 ROW/EB-2 India.

    That could be used to let people know that there IS a problem. Trust me. A huge majority doesn't even know that there is a problem.



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  • carpediem
    05-28 11:45 PM
    Can someone tell me if this is right?

    - Total number of EB-2 visas = 40,000
    - 7% of 40,000 are allocated for India = 2,800
    - Number of EB-2 I I-485 apps pending = 30,000

    So if there is no spillover from other categories it will take north of 10 years for all the people who applied for I-485 in the July 2007 fiasco to get Green Cards. The only caveat to this would be attrition or legislation.





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  • bigboy007
    06-13 12:35 PM
    One things for sure, we cant clear all the problems EB Community is facing in one shot. Agreed that EB Visa recapture will help temporarily but that helps a lot , Still the movement should go on either on country cap or something that would eliminate backlog. But one thing for sure if we keep debating that we need all in one shot its not going to happen. One can keep complaining that i am ahead of many of others but think analytically, we dont enjoy a great support either in house or senate, getting a simple legislation or getting our cause on CIR is itself a big thing here.

    Outsourcing is going to happen or not its a different story. US has shifted 99% of it manufacturing jobs, if all admin , it jobs are going to go away where does the money come from to run this country ? Eitherways it is going to happen more in recession, but how is that going to effect our outlook in this discussion ?



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  • hydubadi
    07-26 12:20 AM
    Hello Sir,
    I am in a process of getting name change for my wife on pending I485. This is because her first name is given as 'No Name Given' by USCIS on the I485 file, EAD and A.P. As she did not have first name in passport.

    We recently got her name change on passport by adding my(husbands name) as SURNAME. Now we want to refelect this change on EAD and 485.

    Sir, can you please let me know the process of amendment to get name change on the file. What applicaton do I need to fill, and what documents should i send with the form. Can I do it on my own or do i have to go thru a lawyer.

    Your answer is highly appriciated.

    Thanks,
    hydubadi





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  • user1205
    02-12 05:09 PM
    They need to pump up more numbers otherwise getting rid of quotas doesn't help much.

    Per country quota sucks big time. DOL/USCIS needs to get rid of it ASAP.



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  • petepatel
    02-14 02:05 PM
    :D Lets Do It





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  • saimrathi
    07-03 04:13 PM
    You should hav also included Zoe's press release...
    http://digg.com/politics/Rep_Lofgren_Issues_Statement_on_Updated_Visa_Bulle tin
    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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  • krishmunn
    06-12 12:20 PM
    I wonder what Dilip was doing when he was laid off. An H1 holder is out of status the moment he/she is laid off. So, our brightest Dilip was out of status (aka illegal) during the period he was laid off.
    As is said -- illegals have a better chance to get GC then those trying to be legal.
    With such friends of prospecting immigrants you sure do not need an anti-immigrant.





    thomachan72
    08-18 04:26 PM
    I do not know why this issue is more important for people to discuss. Just because Mr Khan is asked to be a common man? He is not a world famous actor. He is a famous actor to a very very small minority Indian Community in USA. Why should USA give VIP treatment to any star actor from any country of the world? If he was an official ambassador/senior diplomat/Minister, it us understandable. He is simply coming to USA to make money. He will still come again to USA to make money even if he is strip searched again and questioned for more than 66 minutes. Indian government seems to have crossed the line by complaining. This VIP culture that is so prevalent in India needs to change.
    If Indian government really wants to complain, why are they not complaining against the long wait periods for H1B stamping in India. Ordinary Indian citizens going to India for stamping sometimes have to wait several months in the name of security checks. This takes a toll on their life and job in USA. There are several other issues Indian Citizens face in USA. If Indian government has chosen to interfere with the internal matter (in this case national security) of USA, why is it keeping quiet on other matter of importance to its citizens? Indian government needs to stick to its policies and not bend its rules for VIPs.

    As someone said, if his intention was to publicize his new movie and make more money from his share of profit, he may have succeeded.

    Could not have said it better. Atleast we who have been fortunate to see "outside world" have to consider these actors/actresses as ordinary human beings. I would rather say that it is good that this guy was held up for 2 hours. He mentioned that he was taken into a room where several other asians were also present waiting for help. I really hope the guy realizes that not everybody in the world knows him. If on the other hand he had invested his money in creating a sharukh's village for the orphans or done some other huge charity work (not just for income tax evasion) I would have felt sad but even then not terrible as many feel now.
    LESSON THAT WE LEARNT:: EVERYONE GETS TO BE EQUAL SOMEWHERE ALONG THE LINE....
    Dont be too much awed by these artists. They rake in millions but give back VERY VERY LITTLE. So why would be even thinking about them more than the average business person????..
    PS:- Dont misunderstand this as a statement arising out of jealosy or insecurity but it is JUST THE REALITY WHICH HOPEFULLY WE WILL ALL REALIZE ONE DAY.





    _TrueFacts
    09-04 06:19 PM
    Now I think new people are running IV.
    Aman Kapoor (Walden Pond) is not controlling now. That is the reason these idiots have got the admin previlages. Now they do nothing worthwhile. Bunch of jockers.

    dealsnet,

    Don�t assume that things will work like they work in YSR regime.

    If you think that, the discussion does not make any sense to you then keep away. You are assuming that IMV has compromised security. FYI, this is not a YSR forum, nor it his jagir to do a security compromise.



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