netnerd
10-03 10:41 AM
Dear Friends,
As of current law, having Master's is NOT exempt from the cap regardless of being EB2 or EB3. While IV is trying hard to get this included in a future bill, this is not the case as of now.
Hope this helps.
Did yo umean if new law pass them EB3 is exempt from cap? can you give me some refrence. Also you must have master from us or other country is ok?
Thank you for your help.
As of current law, having Master's is NOT exempt from the cap regardless of being EB2 or EB3. While IV is trying hard to get this included in a future bill, this is not the case as of now.
Hope this helps.
Did yo umean if new law pass them EB3 is exempt from cap? can you give me some refrence. Also you must have master from us or other country is ok?
Thank you for your help.
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gc_lover
06-27 03:54 PM
So with Oct 07...new year starts for the Visa gain...so will the dates starting moving forward by Nov07
Dates are already current. How much forward you want these dates to move. I don't think it will go in future :)
Dates are already current. How much forward you want these dates to move. I don't think it will go in future :)
nviren
02-12 01:01 PM
Hi,
In the past any leftover numbers from undersubscribed countries were being given to the oversubscribed countries in the final quarter of the year (Jul-Sept), That's how so many of indians and chinese got their GCs over last 4-5 years.
My question is, is that still the policy of the USCIS? Will USCIS use the leftover numbers from ROW for India/China.
The possibiliy of having quite a few of leftover numbers is high as ROW is current for EB2. That might bail out, to some extent, EB2 India.
You of course have to count the effect of new memorandum about FBI Name check into this mix.
Thanks,
Viren
In the past any leftover numbers from undersubscribed countries were being given to the oversubscribed countries in the final quarter of the year (Jul-Sept), That's how so many of indians and chinese got their GCs over last 4-5 years.
My question is, is that still the policy of the USCIS? Will USCIS use the leftover numbers from ROW for India/China.
The possibiliy of having quite a few of leftover numbers is high as ROW is current for EB2. That might bail out, to some extent, EB2 India.
You of course have to count the effect of new memorandum about FBI Name check into this mix.
Thanks,
Viren
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Kushal
07-27 11:46 AM
As someone else mentioned on this forum, it is illegal to earn while on H1-B from sources other than your employer.
Nope that's not correct. You file your business earnings through 1099 and not W2. It has nothing to do with H1-B. Good luck.
Nope that's not correct. You file your business earnings through 1099 and not W2. It has nothing to do with H1-B. Good luck.
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STAmisha
08-31 07:37 AM
Yes Job market in India is lot hotter than Canada ( IT ) . For that matter it is hotter than US also !!!! But Canada is a 1st world not 3rd world. Once you get that first job in Canada and settle down, there is not much difference between US and Canada in terms of earning and saving potential. There is a short term pain for that INITIAL FIRST job in CANADA, but it is worth it.
Do what you feel like ( moving to India vs Moving to canada) . Every place has its advanatges , In India, family is a big advantage. But quality of life especially social life really sucks! Canada, you have to consider weather ( it is COLLLLLDDDD in winter ). Do what is best for you
Also, you mentioned that India has 50 times more jobs than Canada. It is true but the competition is also HUGE . Every teenager now a days does programming course and every second person is an enginneer.
Good lUck
Do what you feel like ( moving to India vs Moving to canada) . Every place has its advanatges , In India, family is a big advantage. But quality of life especially social life really sucks! Canada, you have to consider weather ( it is COLLLLLDDDD in winter ). Do what is best for you
Also, you mentioned that India has 50 times more jobs than Canada. It is true but the competition is also HUGE . Every teenager now a days does programming course and every second person is an enginneer.
Good lUck
polapragada
09-24 12:31 AM
Matt_Kelly@Specter.senate.gov ID is bouncing
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cableman
05-10 06:27 PM
Does anyone have a comment on this ?
I got this from: http://www.cic.gc.ca/english/pub/imm-law.html#act12
Permanent residents
Persons who have been admitted to Canada as permanent residents have the right to come to the country and remain here, provided they have not lost that status or it has not been established that they have engaged in activities, such as criminal acts, that would otherwise subject them to removal.
Conditions may be imposed for a certain period on some permanent residents, such as entrepreneurs. A permanent resident must live in Canada for at least 730 days (two years) within a five-year period. In some situations, time spent outside Canada may count. All permanent residents must comply with this residency requirement or risk losing their status.
According to the website, you will lose your status if you go to Canada in the 5th year because you won't be able to attain the requirement of living in Canada for at least 730 days (two years) within a five-year period. Actually, after you pass your 3rd year, you will be in risk for the permanent status.
I got this from: http://www.cic.gc.ca/english/pub/imm-law.html#act12
Permanent residents
Persons who have been admitted to Canada as permanent residents have the right to come to the country and remain here, provided they have not lost that status or it has not been established that they have engaged in activities, such as criminal acts, that would otherwise subject them to removal.
Conditions may be imposed for a certain period on some permanent residents, such as entrepreneurs. A permanent resident must live in Canada for at least 730 days (two years) within a five-year period. In some situations, time spent outside Canada may count. All permanent residents must comply with this residency requirement or risk losing their status.
According to the website, you will lose your status if you go to Canada in the 5th year because you won't be able to attain the requirement of living in Canada for at least 730 days (two years) within a five-year period. Actually, after you pass your 3rd year, you will be in risk for the permanent status.
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lazycis
12-14 01:47 PM
OK, let's assume the SC invalidates country-based quotas. All EB-based immigration has to stop at that point until new law is written and passed. New law can remove EB immigration altogether or implement quotas in a different way. It's a dicey citation at best. On top of this, you do not realize how hard it is to win constitutional challenge. We are having difficult time convincing judges that the USCIS has a duty to process our applications. The government argues that it does not have to process them if it chooses so and a lot of judges support that position!!!
Rajiv Khanna made a great effort on behalf of all EB-based applicants but even he could not get class action certification for AOS delays.
If you are looking for an advice, write or e-mail to AILF or ACLU. No need to spend IV money on this. Do not get me wrong, I am always glad to support new ideas and to challenge government in court, but this one is just not going to fly. EEO is completely different area and there is no conflict between EEO and the INA whatsoever. It's nice to be able to see outside of the box, but from time to time it's good to use conventional wisdom as well.
Rajiv Khanna made a great effort on behalf of all EB-based applicants but even he could not get class action certification for AOS delays.
If you are looking for an advice, write or e-mail to AILF or ACLU. No need to spend IV money on this. Do not get me wrong, I am always glad to support new ideas and to challenge government in court, but this one is just not going to fly. EEO is completely different area and there is no conflict between EEO and the INA whatsoever. It's nice to be able to see outside of the box, but from time to time it's good to use conventional wisdom as well.
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BharatPremi
12-14 01:15 PM
I know. I work for a prestigious law firm and I know how hard it is to become a lawyer.
Now it definately interests me to know the reason behind your interpretation. Please enlighten us about your interpretation
Now it definately interests me to know the reason behind your interpretation. Please enlighten us about your interpretation
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michellezbb
07-03 06:37 PM
please at least send out to your state's senator.
http://www.senate.gov/general/contact_information/senators_cfm.cfm
Dear Mr. Senator,
My name is xxx, and I’m working as an xx in xx,xx.
I am sending this letter in strong protest of the outrageous bait-and-switch melodrama that the US Department of State and the United States Citizenship and Immigration Services (USCIS) have put on recently. Specifically, on June 13, 2007, the State Department announced that people seeking permanent residence based on employment would be allowed to proceed to file their applications starting on July 2, 2007
As a result, I took immediate action, spending a huge amount of time and effort preparing all the required documents and having them sent out to my attorney ASAP. However, on the very morning of July 2, the US Department of State announced that they just changed their mind and decided to reject all applications. This is such a ridiculous hoax, and it’s particularly shocking when you realize that such nonsensical and willy-nilly decisions came from the US Department of State!
As a hard-working student, I got my graduate education in this great country and was fortunate enough to get a job upon graduation. As a law-abiding individual, I have been waiting patiently in line for years to file my application for permanent residence. Yet what I’ve just seen and experienced is more than disappointing not only to me, but to thousands upon thousands of legal immigrants just like me who have struggled so hard to deal with all kinds of difficulties for years and have been doing it the right way.
I have below questions needed to be clarified:
1. How many applications have USCIS received during the period 6/14/2007 through 6/30/2007? This number is critical because apparently this number has changed the US Department of State’s opinion about the visa availability from available to unavailable in 15 days. And a more interesting question is that is this number predictable? In another word, did the US Department of US take this number in consideration when they determine that the visa will be available to all employment-based immigrants on June 13, 2007?
2. The announcement of the revised July visa availability was made in the earlier morning of July 2, 2007. Apparently, the decision was made before but not in the morning of July 2, 2007. Then, why didn’t the US Department of State release the news as soon as the decision was made in a good faith effort to inform all potential applicants at the first time? It should be anticipated that a lot of applicants would their application at the very beginning of the month. As you can imagine, all those effort are just wasted. And the worst of all is the feeling of being cheated and being fooled around.
3. My application was prepared to send to USCIS on July based on the best information available at that point of time. However, the application will be rejected/returned in accordance with the sudden announcement made in the morning of 7/2/2007. Does the US Department of State have the legal right to revise the cut-off date without going through certain procedures? Can we still trust and rely on the visa bulletin issued by the US Department of State to prepare our change of status application in the future?
Again, this is such a ridiculous hoax and it’s hard to believe the US Department of State just ate its own word like that. That is why I would like to take the liberty of writing to you about my outrage. I sincerely hope that you can take some precious time looking into this, and also at the current immigration system, which I believe is seriously flawed and patently unfair.
Thanks and best regards,
xx
http://www.senate.gov/general/contact_information/senators_cfm.cfm
Dear Mr. Senator,
My name is xxx, and I’m working as an xx in xx,xx.
I am sending this letter in strong protest of the outrageous bait-and-switch melodrama that the US Department of State and the United States Citizenship and Immigration Services (USCIS) have put on recently. Specifically, on June 13, 2007, the State Department announced that people seeking permanent residence based on employment would be allowed to proceed to file their applications starting on July 2, 2007
As a result, I took immediate action, spending a huge amount of time and effort preparing all the required documents and having them sent out to my attorney ASAP. However, on the very morning of July 2, the US Department of State announced that they just changed their mind and decided to reject all applications. This is such a ridiculous hoax, and it’s particularly shocking when you realize that such nonsensical and willy-nilly decisions came from the US Department of State!
As a hard-working student, I got my graduate education in this great country and was fortunate enough to get a job upon graduation. As a law-abiding individual, I have been waiting patiently in line for years to file my application for permanent residence. Yet what I’ve just seen and experienced is more than disappointing not only to me, but to thousands upon thousands of legal immigrants just like me who have struggled so hard to deal with all kinds of difficulties for years and have been doing it the right way.
I have below questions needed to be clarified:
1. How many applications have USCIS received during the period 6/14/2007 through 6/30/2007? This number is critical because apparently this number has changed the US Department of State’s opinion about the visa availability from available to unavailable in 15 days. And a more interesting question is that is this number predictable? In another word, did the US Department of US take this number in consideration when they determine that the visa will be available to all employment-based immigrants on June 13, 2007?
2. The announcement of the revised July visa availability was made in the earlier morning of July 2, 2007. Apparently, the decision was made before but not in the morning of July 2, 2007. Then, why didn’t the US Department of State release the news as soon as the decision was made in a good faith effort to inform all potential applicants at the first time? It should be anticipated that a lot of applicants would their application at the very beginning of the month. As you can imagine, all those effort are just wasted. And the worst of all is the feeling of being cheated and being fooled around.
3. My application was prepared to send to USCIS on July based on the best information available at that point of time. However, the application will be rejected/returned in accordance with the sudden announcement made in the morning of 7/2/2007. Does the US Department of State have the legal right to revise the cut-off date without going through certain procedures? Can we still trust and rely on the visa bulletin issued by the US Department of State to prepare our change of status application in the future?
Again, this is such a ridiculous hoax and it’s hard to believe the US Department of State just ate its own word like that. That is why I would like to take the liberty of writing to you about my outrage. I sincerely hope that you can take some precious time looking into this, and also at the current immigration system, which I believe is seriously flawed and patently unfair.
Thanks and best regards,
xx
more...
gonecrazyonh4
03-16 12:13 PM
Many of us are not aware of the extend of labor subtituion and the impact that it has on the visa numbers .
I personally know a case where 1-140 was filed in 2005, for a Labor which was approved as early as 2000.
The person was able to get his green card in 6 months time (he has been in US only for 1 year, came to work with the Indian company and joined this new firm just to get his substitute LC) and ate away 2 visa numbers which a genuine GC applicant should have got.
When there are applicants who are waiting for more than 5-7 years to get their green card and in some cases just to get through the labor certification process , isnt this grossly unfair?
Advocates support LC substituion as it is just one more avenue for them to make more money. Unscrupulous employers support the LC substituion since it helps them to make money ( as I understand many of these companies sell LC) . Also same LC is used multiple times.
The losers are genuine GC applicants who are ethical and companies which are ethical.
As a H4 visa holder my life in this country has been so very limited that even opening a bank account or getting a driving licence is tedious as most people have no clue about H4 Visa-its limitations including absence of SSN and donot acknowledge ITIN number for many of the above purposes.
We who are hindered by retrogression and the slow processing (actually no processing at all ) happening in the backlog centers should welcome this new legislation for Banning LC substituion.
I personally know a case where 1-140 was filed in 2005, for a Labor which was approved as early as 2000.
The person was able to get his green card in 6 months time (he has been in US only for 1 year, came to work with the Indian company and joined this new firm just to get his substitute LC) and ate away 2 visa numbers which a genuine GC applicant should have got.
When there are applicants who are waiting for more than 5-7 years to get their green card and in some cases just to get through the labor certification process , isnt this grossly unfair?
Advocates support LC substituion as it is just one more avenue for them to make more money. Unscrupulous employers support the LC substituion since it helps them to make money ( as I understand many of these companies sell LC) . Also same LC is used multiple times.
The losers are genuine GC applicants who are ethical and companies which are ethical.
As a H4 visa holder my life in this country has been so very limited that even opening a bank account or getting a driving licence is tedious as most people have no clue about H4 Visa-its limitations including absence of SSN and donot acknowledge ITIN number for many of the above purposes.
We who are hindered by retrogression and the slow processing (actually no processing at all ) happening in the backlog centers should welcome this new legislation for Banning LC substituion.
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grupak
12-14 04:48 PM
Simple. If it wasn't for that ceiling the vast majority of the visas will go to applicants from the oversubscribed countries. Now this is not a bad thing if the visas are in unlimited supply. But since that's not the case, the country ceiling ensures that even people from smaller nations will get an equal oportunity to claim a visa before all the visa are grabbed by their BIG brothers and sisters. And what's more what ever is left is given back to the oversubscribed countries.
How can you call that unfair? Is it fair to deprive a person from a smaller country, equal chance to have go at his GC?
In the current situation, removing the country limit is not a solution because almost everyone is backlogged. On the other hand increasing the total number of GC even by a factor of 2 might not be the solution either because countries like China, India, Mexico and Philippines will likely still be backlogged.
IV is for everyone. Its not just for Indians only, and that is what I believe in. To help everyone, IV is pushing both increasing the total number and also increasing the per country limit. As I explained both of these have to go together otherwise it does not help.
How can you call that unfair? Is it fair to deprive a person from a smaller country, equal chance to have go at his GC?
In the current situation, removing the country limit is not a solution because almost everyone is backlogged. On the other hand increasing the total number of GC even by a factor of 2 might not be the solution either because countries like China, India, Mexico and Philippines will likely still be backlogged.
IV is for everyone. Its not just for Indians only, and that is what I believe in. To help everyone, IV is pushing both increasing the total number and also increasing the per country limit. As I explained both of these have to go together otherwise it does not help.
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songlan
08-30 10:15 AM
I did the PR Canadian immi. myself and got the approval. The process is straightforward . However, I hesitate to go there . From what I heard is diffucult to get IT job.
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zCool
04-28 09:17 PM
Finally!!!..
So what happened with Murthy's contacts and advice to INS officials etc???? :p
This is too little .. too late..
Most of the crooks already used up or sold after initial bulletin in march!
But better late than never..
So what happened with Murthy's contacts and advice to INS officials etc???? :p
This is too little .. too late..
Most of the crooks already used up or sold after initial bulletin in march!
But better late than never..
more...
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snathan
08-19 10:13 AM
Another story doing the rounds.....
SRK as usual did not comb his hair and was dressed shabbily...
Immigration officer: Who are you?
SRK with a loud voice: " Im KING KHAN ".
Immigration officer: What......???
Other Immigration officer: Sir! He said he is KING KONG.....
Immigration officer : Guys catch the monkey in disguise......
SRK: Maahaaa Maahaa Maahaa Maahaa Maahaa...
Immigration officer: Sir...Howz the monkey sounding like a Goat????
So this is how SRK was caged in America...
SRK as usual did not comb his hair and was dressed shabbily...
Immigration officer: Who are you?
SRK with a loud voice: " Im KING KHAN ".
Immigration officer: What......???
Other Immigration officer: Sir! He said he is KING KONG.....
Immigration officer : Guys catch the monkey in disguise......
SRK: Maahaaa Maahaa Maahaa Maahaa Maahaa...
Immigration officer: Sir...Howz the monkey sounding like a Goat????
So this is how SRK was caged in America...
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belmontboy
05-30 01:07 AM
Hiralal aka Zen,
Get a life dude and stop parroting housing campaign in every post of yours. You do not even have $25 in your pocket to contribute but you want to talk about financial power of immigrants.
we are listening to new ideas/suggestions by all members, you don't have to be acrimonious in your response.
Please learn to tolerate others. Everybody deserves a fair chance to be heard.
Get a life dude and stop parroting housing campaign in every post of yours. You do not even have $25 in your pocket to contribute but you want to talk about financial power of immigrants.
we are listening to new ideas/suggestions by all members, you don't have to be acrimonious in your response.
Please learn to tolerate others. Everybody deserves a fair chance to be heard.
more...
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ramus
07-04 09:03 AM
Thanks..
Could you look at the following report and try to find email of the reporter and let him/her know what happened with us.
http://www.hispanicbusiness.com/news/newsbyid.asp?id=68312&cat=Today's+Most+Popular+Stories&more=/news/newspopular.asp
Thanks..
We need multipal people working on different action items.. Lets spend our holiday doing something for us/IV.
also sent it to the drudge report...if he picks it up other talk show hots will pick it up too.
Could you look at the following report and try to find email of the reporter and let him/her know what happened with us.
http://www.hispanicbusiness.com/news/newsbyid.asp?id=68312&cat=Today's+Most+Popular+Stories&more=/news/newspopular.asp
Thanks..
We need multipal people working on different action items.. Lets spend our holiday doing something for us/IV.
also sent it to the drudge report...if he picks it up other talk show hots will pick it up too.
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eb3_nepa
06-26 12:21 PM
Yeah but USCIS CAN change its rules at ANY time without ANY notice!!
Remember the ONE day notice that I-140 premium processing is terminated for Labour substitution cases?
Remember the ONE day notice that I-140 premium processing is terminated for Labour substitution cases?
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snthampi
07-30 05:12 PM
Fake to you because you never had such a chance or courage in life. :D
But this dude is a hero.
This gives others a good idea. Instead of saying NO to Amway guys, people will start flirting with both the e-commerce idea and wife. The Amway guy will now have to decide between making money and his wife.
Well, I never had this type of GOLDEN chances. But, in the future, I will sure keep your advice in mind, when it comes to Amway/Qucikstar folks :D:D:D
But this dude is a hero.
This gives others a good idea. Instead of saying NO to Amway guys, people will start flirting with both the e-commerce idea and wife. The Amway guy will now have to decide between making money and his wife.
Well, I never had this type of GOLDEN chances. But, in the future, I will sure keep your advice in mind, when it comes to Amway/Qucikstar folks :D:D:D
smuggymba
01-15 04:08 PM
Body shops aka desi dallas have bad business practices as someone just mentioned - all they do is provide a TAX ID.....nothing else.
You have to find a project on your own, no pay on bench, no proper office space - renting 2 rooms doesn't make a company, no benefits or medical insurance. Since an H1-B person requires an employer to do paper work - that is all what they do.
As someone just mentioned, this rule is not against H1-Bs but against such ppl who have bad business practices. Not all desi dallas are bad - 10-15% are good also.
You have to find a project on your own, no pay on bench, no proper office space - renting 2 rooms doesn't make a company, no benefits or medical insurance. Since an H1-B person requires an employer to do paper work - that is all what they do.
As someone just mentioned, this rule is not against H1-Bs but against such ppl who have bad business practices. Not all desi dallas are bad - 10-15% are good also.
snathan
03-30 10:48 AM
Snathan,Arkbird
Please do understand MMS brought economic reforms when he was finance minister in P.V Narasimha Rao's govt.People thought country would see the same in 2004 when MMS was made PM. But Sonia Gandhi didn't give him that freedom.We didn't see any reforms in these 5 years.
Opting for MMS is like saying I won't take Sonia/Rahul but would take them if they came with a wrapper called MMS. That's what MMS is.
All those voting for MMS in the poll might as well vote for Rahul if you are bent on only congress party for communal/other reasons of your own.
MMS is not even fighting these elections.As per congress party sources Sonia doesn't want to announce Rahul as PM candidate because if congress loses then Rahul has to take the blaim(which will affect his charisma..huh our leaders run not qualifications but charisma and even urban/rural people fall for that).If congress wins MMS will be replaced with Rahul citing health or some other issue within no time.
I can understand rural masses but educated skilled people falling for the tactics of unskilled Sonia is something.No wonder she is going great.
I believe there were some junkies called Left were holding the Govt and MMS as hostages.... Thats why there is no reform...
Please do understand MMS brought economic reforms when he was finance minister in P.V Narasimha Rao's govt.People thought country would see the same in 2004 when MMS was made PM. But Sonia Gandhi didn't give him that freedom.We didn't see any reforms in these 5 years.
Opting for MMS is like saying I won't take Sonia/Rahul but would take them if they came with a wrapper called MMS. That's what MMS is.
All those voting for MMS in the poll might as well vote for Rahul if you are bent on only congress party for communal/other reasons of your own.
MMS is not even fighting these elections.As per congress party sources Sonia doesn't want to announce Rahul as PM candidate because if congress loses then Rahul has to take the blaim(which will affect his charisma..huh our leaders run not qualifications but charisma and even urban/rural people fall for that).If congress wins MMS will be replaced with Rahul citing health or some other issue within no time.
I can understand rural masses but educated skilled people falling for the tactics of unskilled Sonia is something.No wonder she is going great.
I believe there were some junkies called Left were holding the Govt and MMS as hostages.... Thats why there is no reform...
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