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Wednesday, June 29, 2011

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  • okuzmin
    07-13 05:18 PM
    Okuzmin,

    All I meant was - TN is again just a visa after all and is just another version of the H1B hell. You ought to do better than just working for some one to pursue your American Dream right? What use it is to keep looking for an employer, extending your visas - is that not just a glorified version of H1B? True freedom is when you could quit an ass of any employer and come back home with your head held high :)

    To qualify for TN status you need to become a Canadian citizen first, and that's what I'm going to do. It'll take about 4 years, maybe a little longer (3 year cumulative presence over the last 4 years + bureaucratic process of switching from PR to citizenship). With my Canadian passport I'll have many more options than with my current one. Working in TN status in the USA is just one of these options. It's mostly appealing to those who can get a better paying job in the USA. If I'm not happy with that job, I can always go back home -- to Canada.

    Your concept of "true freedom" is rather limited, if you think about it. :) To me true freedom is when you can choose on any given day what you want to do: work, travel, sleep all day, have fun, etc. It requires much more than having a green card or even a US citizenship.





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  • krishna.ahd
    02-18 08:38 PM
    When the cap is revised, I agree that 'the increase in net population' is one parameter in decision...
    But that should not be the determining dominant parameter....

    The dominant parameter should be the change in the US demographics and the needs of the US economy...Millions of baby boomers are gonna start retiring soon....The cap has to increase keeping that in mind....

    The projections of manpower deficit due to demographic shift are in millions......

    If you want to maintain the same standard of living, you have absolutely no option but to import more skilled labor....and lots of it.....


    America is barely producing babies at replacement levels and between 2011 to 2032 ...... 77 million baby boomers( people born between 1946 to 1964) would need to retire or phase out involvement in active labor force....
    http://www.teamncpa.org/main/news.php?ItemsID=165

    Doggone illegal mexicans would not take care of your high end requirements ... That is just fact of life...Now you tell me how much the EB cap should be .....


    .

    As per the facts first baby boomers will start collecting benefits in 2008 and by 2020 when most boomers are 60+ there will be 2.6 workers paying social security and medicare for every retiree versus 5 workers now

    Is there anybody looking at this angle for increasing GC cap/upper limit ??





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  • gc28262
    01-13 07:20 PM
    Here is why this memo has come up

    MurthyDotCom : Senator Grassley and USCIS Response on H1B Fraud & Related Issues (http://www.murthy.com/news/n_grassl.html) Dated Dec 11 2009

    The Senator's letter voices concerns that, in the year since that report, the USCIS has not issued guidance to adjudicators as to the specific evidence they are to gather from H1B petitioners to address the fraud / compliance concerns. The letter specifically focuses on employers (consulting companies) that place their workers at third-party worksites, and suggests that it is necessary to provide copies of relevant contracts to establish that there is work to be performed immediately upon the arrival of these workers, and to establish that the work is at the locations specified in the labor condition applications (LCAs) that underlie these cases.

    Further Guidance for USCIS Adjudicators is Coming
    Further guidance for adjudicators is forthcoming from the USCIS. It will lay out appropriate types of evidence to be requested when an H1B petition does not have complete documentation of the specific work assignment to be performed by the H1B worker. This guidance will be aimed at assisting the adjudicator in identifying cases in which proper employment exists. Speculative employment, when an employer's plan is to attempt placing an individual in an assignment at a later date, is not acceptable. The guidance will also give instructions on requesting proof that the employer has been paying the required wage, and otherwise complying with the H1B program. Included in this will be instructions regarding the requirement to file an amended H1B petition where there is a material change in employment.

    Of course these are just appetizers for H1B holders on Senator Grassley's menu.
    Guess who is advising these lawmakers on H1B reform. Anti-immigrants themselves.





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  • krish2005
    01-14 01:56 PM
    If these tougher H1B rules are being targeted towards sending H1B out of the country, then these are the ways I could think that they will impact

    -- Increase employment chances for those unemployed if many h1B folks are sent back being rejected - Marginal positive impact as its still upto the employer to pick an appropriate resource against existing H1B candidate
    -- Decrease inflow of money from h1B apps and subsequent renewals/GC process related fees -- Cons
    -- Lesser work for lawyers and tax consultants -- Cons
    -- Lesser or meagre tax income from those trickle of H1B who will remain still
    -- Heavy economic impact on sales front to name a few - housing rentals downfalls/car rentals companies going bankrupt or closures and those corresponding resources going out of work and become unemployed.
    -- Majorly technical expertise impact - braindrain which was happening due to economy downfall and GC process delays. It will only get more worse for US aiming to be top in technological front in terms of IT.

    As somebody pointed out if AILA is working to get this memo being stopped then we will get some relief, else we are doomed.

    Maybe I am wrong on certain points, but there are heavier repercussions at the economic front if this is being actioned.



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  • samay
    07-14 06:43 AM
    Hi,
    I (EB3-India, PD Nov 2002) got approved last year. We were only able to file my wife;s I-484 days before my approval. We are still waiting for her GC as my PD is no longer current. Is there any way she can get her GC quickly?

    Thanks,
    485_spouse

    Sorry she will have to wait for the your PD to get current.





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  • gc_on_demand
    01-13 07:26 PM
    USCIS - Questions & Answers: USCIS Issues Guidance Memorandum on Establishing the "Employee-Employer Relationship" in H-1B Petitions (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=3d015869c9326210VgnVCM100000082ca60aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD)



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  • longq
    02-14 05:42 PM
    How do you know what the "intention" was of the lawmakers that recaptured visas are supposed to go to the retrogressed countries. If that was the case they would have gotten rid of the 7% limitation along with the recapture.

    Most people who come on h-1b are Chines and indian. There was also close to 200,000 visitor visas approved in 2005 from India.

    I never said AC21 recaptured numbers only for China and India. The reason for AC21 recapture is , there was a huge backlog in EB visas for China and India till 1999. Remember again, there were no backlog in ROW then. If there were no retro in EB visas for India and China in 1999, perhaps, there might not be an any provision to recapture 100,000 visas in AC21 act in 2000 and ROW probabaly might have not enjoyed about 80 to 100,000 EB3 visas in 2005. (Out of 147,000 EB3 visas issued in 2005 India consumed only 23,000). ROW only enjoyed most of the AC21 numbers.





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  • panini
    05-17 05:34 PM
    You are partially correct BharatPremi. The Sinhalese migrated to the island long before the time of emeror Ashoka and not from Orissa. According to the written history of Sri Lanka they arrived about 2500 years ago from the region of Bengal (which is refered to as the land of the Vanga people in SL history). The exact kingdom they came from as supposed to be located in present Bangladesh. By the time of Ashoka the Sinhalese had already established their first kingdom with the capital in the ancient city of Anuradhapura. In fact Budhism was first introduced to Sri Lanka by Arahat Mahinda who was the son of emperor Ashoka. By the time he arrived as the head of one of the buddhist missions the emperor Ashoka had sent to the regions around India, he was welcomed by the Sinhalese king Tissa and the whole country embrased Buddhism.

    The SL tamils arrived long after that during the Chola empire as invaders. They occupied the country for a while untl the Sinhalese princes were able to drive most of them back to India. The present SL tamils are the people who stayed behind in the northern regions of the island. Since they were in the island for a relatively shorter time they did not evolve a new language like the Sinhalese did. Sinhalese however evolved a new language and ther own unique culture which is still pretty similar to Indian culture.

    So the Tamils as well as the Sinhalese has lived in the island for a very long time and has every right to live in the island peacefully. This does not however give the SL Tamil the right to claim one part of the island for their exclusive use.

    We all have heard about great war of Kalinga in Which Samart Ashoka's army killed almost 2 hundred thosand people in a very short span of time. At the time thosands of people fled from Patliputra to current Odissa and many from that lot kept on pushing them till they found their last destination which is Sri Lanka. Decendents of these people today call them Sinhaleese. In the last 2 centuray British colonized Sri Lanka like India and ruled it. British take tamils to sri lanka for labor. Thus the ancestors of present day Sri Lankan's tamils have fairly recently migrated to Sri Lanka.



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  • kumar1
    07-10 05:45 PM
    my 2 cent

    I am applying for Canadian PR this week and will count the days till it gets through. Already getting calls for Vancouver.:D :D :D

    No matter what happens here with this insane GC process, we see our future in Canda.

    So long USA
    :D :D :D

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

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

    Weigh yourself. Thanks





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  • alisa
    06-27 09:58 PM
    Ever since the dates got current, it has been more stressful than the time when dates were retrogressed and almost makes me miss the retrogression days when I didnt have to depend on the lawyers for my career.

    I agree. Its just one headache after another.

    But why July 2nd?
    If they really want to, they can 'U' the entire July.

    There is a saying in Urdu. Translated it says that its the prerogative of the lion to lay eggs, or bear cubs, since he is the King of the Jungle.

    USCIS is the king of the jungle here.

    But if they do this, this will be cruelest joke on thousands of people.



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  • thecipher5
    04-23 09:52 AM
    Suresh,

    I just sent you a pm regarding a similar situation I'd faced...

    Contact me if you need more information.


    thecipher5





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  • veni001
    01-13 05:24 PM
    "Q: What happens if I am filing a petition requesting a �Continuation of previously approved employment without change� or �Change in previously approved employment� and an extension of stay for the beneficiary in H-1B classification, but I did not maintain a valid employer-employee relationship with the beneficiary during the validity of the previous petition?

    A: Your extension petition will be denied if USCIS determines that you did not maintain a valid employer-employee relationship with the beneficiary throughout the validity period of the previous petition. The only exception is if there is a compelling reason to approve the new petition (e.g. you are able to demonstrate that you did not meet all of the terms and conditions through no fault of your own). Such exceptions would be limited and made on a case-by-case basis."



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  • gc_on_demand
    06-15 01:29 PM
    I believe in luck in the GC process. Before 2005 PERM process, many folks applied in states where Labor was fast. They were able to get greencards within a couple of years while others were stuck in Labor Backlog centers (http://immigrationvoice.org/index.php?option=com_content&task=view&id=67&Itemid=50). Some cleared all hurdles and got stuck in namechecks for years. Until 2007 Namecheck was a big scare. (http://immigrationvoice.org/index.php?option=com_content&task=view&id=81&Itemid=61)

    Many people could not file in July 07 for various reasons. Some people were born in India but were brought up in other country. Even they are stuck. Some people decided to rise in their careers and changed jobs on H1. While they did rise, but lost in the grreencard PD race.

    So definitely luck pays its role.

    me and some other people may be lucky individually to get PERM and I 140 get clear just before economy collapsed in early 2008. But now we are facing MASS UNLUCK OF INDIA.

    Just kidding..





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  • unitednations
    02-18 08:29 PM
    start from the bottom as that was the first e-mail. I took off identifying information and financial info. for obvious purposes:

    -------------------------------

    Dear xxxx

    Thank you very much for your quick reply. I talked to the family and advised them that the best way to proceed is you the doing the ability to pay part. They are talking to some people to get the money together. I will call them back after 4PM. Can we pay by debit card, or check or money order? Time is of the essence because of the B2 expiration on 2/11/07. I have the labor certification, (the one I printed off the website, we did not get the signed one from them yet, but it is the same). I have the 2005 tax return. I need to get the bank statements. Can I fax those to you? I also have something like a financial statement for 2006. If the numbers don't add up, you can still help us?

    Thank you so much for helping us. I know you are very busy.


    xxxx

    xxxxwrote:
    Most CPA�s don�t do audited financial statements. Reason is that there is a lot of things from a regulatory point of view that CPA�s have to keep up with in order to do audits. For this reason, most cpa�s won�t do them.

    An audit is a big thing; it is not a small thing. I wouldn�t consider this as an option for you.

    If you want me to do the ability to pay part then it will cost $xxxx.

    I will need: Copy of labor certification, 2005 federal tax returns of company. Bank statements of company for October, November and December 2006. If the numbers aren�t the way they need to be then there are still remedies.

    xxxx


    --------------------------------------------------------------------------------

    From: xxx
    Sent: Sunday, January 07, 2007 12:34 PM
    To: xxx
    Subject: RE:

    Dear xxxxx

    First of all, thank you very much for your help. It is really appreciated. I have been researching this subject and was not able to find anything valuable until I found your name. It is really great that you are helping these people.
    I know your time is very valuable but I forgot to ask you whether or not we have to get the 2006 December bank statement certified or just send the original? If the CPA is not able to do audited financial statement for 2006 (which I doubt) are you available to do it? If we do that do we still need to send 2005 tax return? (Labor was filed on 12/26/06 and certified on 1/4/2007. )
    You are the only one who can help us with this questions. I know you are extremely busy, but I am really trying to do this right for this family. They gave up everything in Hungary, (they made like $400.00 per month and life is more expensive than here), so it would be great hardship for them to go back. As I said they don't even have an attorney here. I don't know if that matters because most of them don't know half of what you guys know.
    Anyways please, let me know how to proceed.

    Thank you very much

    xxxxx



    You have to prove ability to pay from the date that labor was filed with state department of labor. Therefore, if you sent the labor in 2001 then you have to prove ability to pay for 2001 through 2006.

    Audited financial statements are very expensive and probably do not suit your needs (At least $5,000 per year). Every year has to show ability to pay not just current year.

    I can do it but it is pretty expensive. It will range from $xxxxx. You can give me a call with the details and I�ll let you know the chances of success.




    --------------------------------------------------------------------------------

    From: xxxxxx
    Sent: Saturday, January 06, 2007 7:26 PM
    To: ny.united@gmail.com
    Subject:

    Hi,

    I heard about you on one of the immigration portals. I am the employer and ready to file I-140 for alien worker. He and his wife are here on B2 visas.
    We are concerned about the ability to pay issue. I heard that you are the best on this.
    The instructions are not clear at all. Do you have to send 3 years of tax returns. 2006 is not done yet, can we send audited financial statements? What is an audited financial statement exactly? What if the company did not have enough net income in 2005 and 2004 but has it in 2006. Can you please help us? As the employer we are willing to help the worker to get the I-140 approved.

    Can you help us? Please, let me know and also how much do you charge.

    Their visa expiring soon, please respond A.S.A.P

    Thank very much
    xxxxxxxx



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  • ganguteli
    06-02 04:05 PM
    It very well depends on the lawyer .

    If he could prove country quota as unconstitutional, which i feel it is.

    But yes IV should talk to a good constitutional lawyer(not immigration), and find the odds,

    And as you said, even if we do not win , we would for sure get some media coverage.

    Why can't you find and talk to a good lawyer and spend your own money on consultation. We will know you are serious about it.





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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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  • cthd
    07-30 01:56 AM
    Everytime I visit walmart @ mountain view, can find a guy asking direction to nearest Home Depot. Everytime i come across him, he asks me the same question.

    I am planning to carry google maps print out next time I go there.





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  • bkarnik
    06-28 12:46 PM
    Good idea. But I am going to TSC.

    Won't help you...485s are to be filed at NSC irrespective of where you are filing from.





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  • nfinity
    07-03 05:16 PM
    Ramus,

    used the web link on the senator's website. No subject line was available. Is there an email address I can use? I am going to take an hour today and send emails to reporters.





    nitinboston
    05-29 04:52 PM
    Its time to wake up. The writing is on the wall. I have been stuck in EB3 since 2005 and i dont see myself getting a GC anytime soon. The only way the govt here will realise how much we contribute to this economy is, When we will start leaving in droves.
    I got my PR to Canada in 8 months and am already applying for job's there. I think i am done with this system, there are way too many people running after way few GC's. And USCIS knows it, we are a bunch of brown people sitting on our knees begging for GC. We have become the slaves of 21'st century, and i am gonna break free from it. More of us do so, better it would be. If US wants to loose all educated hard working people to Canada, Australia and other countries, so be it.





    unitednations
    02-13 12:08 PM
    I'm not sure that your numbers add up. There's no guarantee that anybody would receive a green card before their 90 or 180 day I-94 expires. Leaving the US and reentering to remain in status then runs the risk of putting immigration application in danger. In reality - PERM takes a couple of months to complete with advertising, interviewing, preparing documents and filing. The I-140/485 process takes another 6-8 months assuming that there are no RFEs and your case is processed in the faster service centers. This timescale only works for ROW applicants if they meet the EB-2 standard. This is not an easy standard to meet for many people who have worked at the same employer for a number of years.

    On a separate note, CIS is supposed to meet a standard where most green card applications are evaluated within less than a year. They claim to meet this standard by quickly approving applications whose dates are current and then not including backlogged applications in their calculations. One more example of fuzzy math at the CIS...


    This is how the law works:

    To file I-485; one has to be admissable and in non immigrant status(not subject to J-1 requirements, no major medical issues, no serious criminal issue). If there is a labor and priority date is current then you go straight to 140/485.

    many times a company may have already filed a labor for you before you even get into USA.

    There is protection of 245k which basically gives a buffer of 6 months. Essentially; one can file a 485 if they were out of status; worked without authorization or were in non immigrant status within six months of filing 485.

    So what this means is if your I-94 card expires in March 31, 2007; you have protection to file 485 until about September 30, 2007. There is more then enough time to be able to file the 485. The big hiccup happens if the priority date moves backwards and you can't file the 485.

    Last year there were a few people who had posted on immigration.com who had their 485's retruned by uscis. They came on visitor visa and labor approved but filed in eb3. Their stupid lawyers didn't realize the dates were retrogressed or when they started the process there was word of law change and they figured that by the time labor cleared; the visa dates would be current.

    I wouldn't fight this much; it is well established that people do this and it goes on. This is one of the reasons why I was pretty much against filing 485 without priority date being current. There would be a mass flood of people who would file. People who currently file in political asylum or get married to us citizens or people who have family sponsorship and are waiting visa dates would all flip over to employment base and would cause millions of applications with never ending retrogression. it would have pretty much been a disaster.



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