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  • conchshell
    07-29 12:52 PM
    More and more, I see people posting messages containing the unspoken assumption that since the Indian E2 cutoff date has moved forward, it is likely to move forward further in the coming months. This is a false hope.


    I personally feel it all depends on how USCIS is gonna process the cases during August 2008.

    When Ron writes about the new EB2 India quota for 2008, he does not mention spill over to EB 2 India from EB1 category. Which is a very important aspect behind the prediction given by optimists like vdlrao and others.

    However at the same time, if USCIS does not bring its act together and we end up wasting the visas once again ( it highly unlikely that consular visa posts will assign 20 to 40K visas in next two months ... Are there so many people going with CP route??) the dates for EB2 India will retrogress but certainly not to an extent that they go back to 2003. There will be a mild retrogression and EB2 India date may come back to April 2004. However, later on they will progress further because of new years quota and spillover from EB1.





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  • gdilla
    07-11 01:51 PM
    And don't forget 9month maternity leaves, and if you're unemployed, you still get healthcare, and the generally better public education, not to mention generally cheaper and excellent post-secondary education....

    Every time I hear "Canadian taxes are so much higher", I respond back with "really ? how much are you paying a month for health insurance?". I suggest a typical breadwinner with spouse + 2 dependents is probably paying $500 / mo + in health insurance premiums. Add that $6K / yr to your US tax bill, then compare it to your Canadian tax bill. ;)

    - GS





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  • eb3retro
    07-26 10:39 PM
    arkbird, I cant help but LOL on your post. Thank you, you made my day. Good response.

    Here is one potential answer...

    Yes, you will retire at 40 because no self-respecting person will come near you let alone hire you so I guess you will have to retire and that $xxxx/per month, please feel free to replace it with disability (of course mental!) benefits from your state! ;)

    ArkBird

    I am not with Amway or Quixtar but I think the folks with Amway/Quixtar are under represented on this thread and it's not fair :-)

    Just to add another dimention to this thread I will play the devil's advocate :D

    Here I go ...

    You guys are all wasting your free time bitching on this thread where as we are spending all our free time growing our business. We will retire early as we would make $xxxx/month for nothing when we turn 40 and dont need to work anymore where as all you guys bitching about Amway / Quixtar will still be working hard at your jobs till 60.

    What's your response ?

    :D:D:D:D





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  • vasa
    07-03 03:40 PM
    American Dream suspended on the eve of American Independence

    For aspiring immigrants ,4th of July is not just a holiday and fireworks but a promise of all good things that are American , which comes to those who follow the law , live by her rules and wait patiently for their turn to be called Americans.

    Patience is not just a virtue but a way of life for thousands of Legal immigrants who have been living in the US for a number of years . Besides the everyday stress of Job,Mortgage,Health and education of their children they live with the added suspense of when their application for permanent residency ,commonly

    referred as "Green card" will move ahead from its deep slumber.

    To apply for a employment based "Green Card" , a employed worker's company needs to fulfill the

    requirements of the DOS/USCIS and the date the application is received by the department is referred to as the "priority Date". A movement of a month keeps the hopes and spirits high of the applicants and their families and a couple of months is sheer joy. In 2004 there was a negative trend of retrogression of
    the applications in queue and the dates moved back instead of moving front. It implied a waiting period of a couple of years at the minimum. So midway of the application process everything stalled, all eyes turned towards the senate and the house hoping they would mediate and provide respite to this broken situation. Nothing happened and so we waited for the much anticipated CIR as it was told to us that a comprehensive immigration reform will address the situation of the legal immigrants also besides its main agenda to solve the issue of illegal immigrants in this country.

    The CIR died , then mid June the USCIS came up with a bulletin announcing that it will start accepting applications for adjustment of status for all employment based applicants and their dependents ..From then on it was a scramble to fulfill a long list of requirements to be able to apply on time. The first task was
    for my husband to convince his HR to sponsor the process. Since they had already budgeted for the fiscal year and are on a spending freeze , it took a lot of convincing . The HR complied and gratefully we set out to get our Medical exams(at own cost of 150*2).Since we live in a small state with few doctors we
    drove 2 hours to a neighboring state to get them on time. Being a mother of 3 small kids, I could not work on important paper works with them around. So after putting them to bed we spent the entire night pulling out the required documents from archives and placing them in order; numerous phone calls to parents
    back in India to collect their date of birth, place of birth information and completed the questionnaire. Got passport pictures(60$) and mailed it all to our lawyers praying it will be one of the first to reach the department office on start of business on July 2nd..little did we suspect that this was nothing but adding insult to the injury plan by the honorable DOS.. They had already prepared a rude

    shock when they released a bulletin update on July 2nd stating that they will not accept any applications as they had already allocated all the visas for the current fiscal year in a unprecedented action.
    This has left thousand of families like us confused, saddened and in the middle of nowhere.

    We are raising families here, our everyday life is no different from any other AMERICAN middle class family with same expectations and hopes, so its not easy to presume that we can pull out or get out of this situation and return to our home countries . We still have faith in the constitution and the spirit of this country and preserve faith that this wrongdoing will be reversed and we will get the opportunity to achieve what we have waited for years in a long queue, abiding by the law and fulfilling all requirements to the
    tee..
    On the eve of America�s independence let justice prevail and urge the congress and the STATE department to undo this monstrous decision of USCIS ..

    God bless America.



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  • gc28262
    01-18 10:19 AM
    It is true.They were implemented stirctly. But to cheat that many of bodyshoppers are creating fake Paystubs. Getting just payroll expenses and tax from consultant and creating paystubs. How do you prevent that? When good faith effort fails more and more regulations are coming. If our bodyshoppers are honest there would have no regulations like that.

    Probably you are your relatives did these kinds of stuff. Most of us on this forum didn't.

    When did you get your GC ?





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  • test101
    07-10 11:31 AM
    I started the process myself. I got a job offer in one of Vancouve hospitals. I'll be there in 2 months. never the less i was hoping that i'll stay next to my family in the US :)



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  • DSLStart
    09-23 11:44 AM
    Current homeowners who are waiting for their GC MUST also be exempted from cap. This clause has to be there. Without having any gurantee of getting GC these folks have invested their savings in buying home even when the prices were high, WHY because they had real intent of making US their permanent home. So these people should too be exempted from EB cap.





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  • bfadlia
    02-15 04:38 PM
    America is about freedom and liberty and is a law abiding country. Country caps is discrimination with people of two countries which have almost half of the population in the world. I am not saying increase visas for India or China. I am only saying increase the total number of visas and then make the system FIFO so that every skilled person in this world have same access to immigration.

    Finally an honest admission. You finally say there are more Indian and Chinese here because they have huge population.
    If you can't see the insult in keeping to say "best and brightest" then I would have wasted my time.



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  • TeddyKoochu
    09-17 03:23 PM
    I wish the statement is true.

    I think your friends cousin got the card by mistake, that does not mean that it will see a significant moment for EB3 I. The only possibility is if USICIS wants to recapture the unused visa numbers over a period of time, then EB2 I, EB3 I all move together.

    Arun thanks for sharing the news & congrats to your cousins friend, may well be one of the cases of successfully porting PD.





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  • coopheal
    02-12 07:35 PM
    Quota means a guaranteed number of visa for a country. For example if there is a 3% quota for monorities in college admissions, it guarentees 3% will go to minorities. There is no such quota for green card; only maximum limit a country can use. Even with this limit India captures more visas then any of the ROW countries.

    Okay so remove per country cap.



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  • msp1976
    02-15 11:29 AM
    longg and msp1976, Could you update your profile with contact information. IV can use your skills.

    I have added cell phone number in my profile....





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  • Macaca
    06-28 10:52 AM
    At the beginning of each month, the Visa Office receives a report from each immigrant visa processing post listing totals of documentarily qualified immigrant visa applicants in categories subject to numerical limitation.
    Cases are grouped by foreign state chargeability/preference/priority date. No names are reported. During the first week of each month, this documentarily qualified demand is tabulated.

    VO subdivides the annual preference and foreign state limitations which are specified by the Immigration and Nationality Act (INA) into twelve monthly allotments. The totals of documentarily qualified applicants reported to VO, and the expected INS demand for numbers, are compared each month with the numbers available for the next regular allotment. This allows for the determination of the monthly cut-off dates, and the allotment of numbers for reported applicants who have priority dates within the newly established cut-off dates. If there are sufficient numbers in a particular category to satisfy all reported documentarily qualified demand, the category is considered "current."

    This is talking about numbers available for next regular allotment. This number could be the number remaining for current year (which is what I think it is).

    It is not saying that there is a monthly/quraterly quota. I have not seen monthly/quarterly quota in any USCIS document but then I have not read most of them.



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  • blueyonder
    05-02 09:02 PM
    Dude Newtoearth,

    Who are you actually .... you are waging a battle here ... have you guys not waged enough battle in SL and on the internet. Stop it pls .....

    You are again proving the point the SL govt is trying to prove. Quit it man ... we all know that there is a Govt sponsored propaganda group trying to post and fight in every forum .. I seriously doubt you are one of them ... with a proxy ID for IV.

    Stop it now man ... SL have spilt enough blood ... your posts suggest that the thirst for blood never ends ... either it be Sinhalese or Tamil.





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  • sledge_hammer
    01-14 02:29 PM
    They are implying that those who are currently working for body shops are to find an employer that would offer their definition of employer-employee relationship. But you are still with the body shop, then your extnesion will be denied!

    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.

    Q: What if I am filing a petition requesting a �Change of Employer� and an extension of stay for the beneficiary�s H-1B classification? Would my petition be adjudicated under the section of the memorandum that deals with extension petitions?

    A: No. The section of the memorandum that covers extension petitions applies solely to petitions filed by the same employer to extend H-1B status without a material change in the original terms of employment. All other petitions will be adjudicated in accordance with the section of the memorandum that covers initial petitions.
    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=6abe6d26d17df110VgnVCM1000004718190a RCRD)



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  • django.stone
    07-24 09:16 PM
    If this is indeed true, isn't it unfair to issue visas to Feb 2006 dates at a Consulate while people with 2005 dates are waiting for AOS. Can this be challenged in court?





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  • suhanya
    08-12 02:15 AM
    I am doing an employer change - HtoH transfer.

    Do I have to wait for the H1 transfer approval or is the receipt good
    enough for me to travel abroad? Do I have to get my new H1 stamped
    before reentering? I still have the dates on my old h1 (from AMD)
    valid on the stamping on my passport - will this suffice? Please
    explain.

    Also my Advanced Parole is on its way. Will I be able to travel on EAD
    and AP, when my H1 transfer is being filed? Can I still hold on to my
    H1 status, if I traveled using my AP?


    Regards,
    Suhanya.



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  • krishmunn
    06-15 01:17 PM
    What is your solution to remove retrogession. Recapture bill may fetch you gc but not for all persons and after 1 or 2 years again backlog will increase to similar level. Permanent solution will be increase annual gc numbers and restrict H1b and L1 based on requirement. You are not going to get unlimited GC numbers any time but L1 numbers are unlimited(about 80k in 2007) and H1b numbers were 125K in 2007. In this situation if there is annual cap retrogession is going to become worse if atleast 50% of H1bs apply for GC every year.
    This year numbers were much less due to recession,rfes and denials. But due to 195k H1bs issued upto 2003 Eb3 will not improve for another 2 years.

    "H1B numbers were 125K in 2007"
    Holly cow ! I always thought H1B cap is set to 65K (except for a few years in early 2000) :-)

    The 125K which you mentioned is popularly used by anti-immigrant lobbys to push their argument. It includes all H1B transfers NOT only the fresh H1.
    So, if X get his H1 in 2006 and change to a new company in 2007 , you will count X against 2006 as well as 2007 giving a false number. However, if X applies for a GC, it is not 2X applying for GC --- just X .

    Recapture bill will help a lot in clearing the backlog. For future EB GC, if the dependents are not counted for immigrant visa, it will be much cleaner. Not all L1 and H1 apply for GC. Mostly the major Indian IT companies DO NOT sponsor GC (and as you know they are the major users of L1).





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  • Macaca
    01-16 10:53 AM
    Wonder what is being achieved from these "lively" debates other than feeding the other side with enough ammo to decimate all of us.

    The funny part is 80-90% is complete garbage.

    As one example, my physician aunt while moonlighting (contracting) met another moonlighter (through staffing company) who was paid 100/hour less then her and put in a cheaper hotel/room. And this is 25 years back when there were very few Indians, forget Indian staffing companies.

    Will the memo stop company from keeping unknown %? Will the memo stop layers of companies sucking an employee contract?

    One truth: Indian employers mistreat their employees. But this is well documented (http://immigrationvoice.org/forum/forum89-news-articles-and-reports/776770-the-yanks-are-coming-5.html#post1141683) and across the board.

    I have no problem with any individual but I hate my ex employer and their class (in no uncertain terms).

    I was earning for them, but he and his wife used to behave like big boss to me.Why I shed no tears for them.

    You have a choice: Don't join them. It doesn't require a USCIS memo.

    USCIS and scumbags (Hira, Matloff, ...) have absolutely no interest in the welfare of these affected H-1Bs. Their motivation is 100% sadistic.





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  • samay
    07-28 04:05 PM
    I am in my sixth year on an H1-B expiring Sept 13, 2008 also noted on I-94. My attorney will be applying for an H1 extension based on an approved I-140 and pending I-485. They are also applying for EAD and AP renewal (expiring Oct 2nd, 2008). I am currently in EB3 Worldwide with a PD of Oct 2, 2006. I will need to travel outside the country on Oct 2nd. My H1-B will be pending before but not approved by Sept 13th. Can I still re-enter on a pending H1 extension or will I have to switch to EAD/AP assuming those are approved before my Oct 2nd travel date? Thank you for your time.

    It is not recommended that you travel during the pendency of your H-1B extension.





    chanduv23
    09-04 10:09 AM
    Corruption, particularly in India, is like a software, which only gets better with every release. YSR took the corruption to a level unknown till now, I bet he'd put lalloo to shame. What development are you talking about. Don't you hear increase in inflation, or farmers suicide or land grabbing. If you haven't visited Hyderabad recently, you better do it soon, else by the time you visit next time you won't see hussain saagar, but a few multiplxes or luxury homes instead. I'm sure in the next release (read CB Naidu becoming CM), he might take it to a whole new level.

    THE DOMINATING EVIL OF BLACK MONEY.
    In the case of India, recent estimates of INDIAN (BLACK) MONEY outside India (in Countries like SWITZERLAND, )reached Rs.7.5 Million Crores (About US$1,500 Billion). Laying hands on this (Black) money is not in the power of the Indian Government.
    Black Money circulating inside India appears to be no lesser in quantity than the outside component mentioned above.
    Black money and corruption that can spread into the hitherto respected institutions like Judiciary, the Army, and the Bureaucracy in India may, one day, by moral degradation lead to a failed state. Black Money lends free access to the Criminal, Antinational, and Antisocial elements going beyond the control of the laws in place.
    To-day�s civilized world has accepted the phenomenon of hiding money in Swiss Banks as �NOT ILLEGAL� obviously because the CREAM OF SOCIETY in the world owns that money. ��..
    Government of India is not able to help honest, sincere tax payers particularly middle class families in the matter of providing quality Education, Healthcare for their families at reasonable cost. Education and Medical have become Biggest Money spinning businesses in India now. One has to shell out Rs. 30 to 50 Lakhs for a MBBS seat and about Rs. 5 to Rs.10 Lakhs for an Engineering seat in good colleges. How can middle class people can pay this money?. They are deprived of good education though, they pay taxes honestly and sincerely to government. It is really unfortunate. For people who have block money, these things do not matter
    If you have to do business in India, IN ADDITION TO ALL THE OFFICIAL TAXES MENTIONED, LOT OF BRIBES ARE TO BE GIVEN ALMOST TO EVERY DEPARTMENT IN CITY (CORPORATION), STATE (PROVINCE), AND ALSO CENTRAL GOVERNMENTS. Some examples are: Police, Municipal officials, Electricity depat.officials, weights& measures inspector, Rowdies & Goondas, Political contributions, Subscriptions/Donations to RELIGIOUS GURUS ETC.
    ALL MOST ALL THE CORRUPT OFFICIALS ARE CALLLED "PARTNERS IN BUSINESS WITHOUT CAPITAL AND COMMITMENT BUT FORCEBLY TAKE A PART OF PROFITS OF BUSINESS".
    "CORRUPTION IS A WAY OF LIFE IN BUSINESS"
    If you have to run a big company, you have to bribe many more officials. For some type of officials, WHO DO NOT TAKE CASH AS BRIBE, "GIFTS" ARE BEING GIVEN (GOLD, DRY FRUITS, VEHICLE DROPS, GUEST HOUSES ETC.) ON VARIOUS OCCATIONS, FESTIVALS ETC. ANY THING CAN BE DONE EVEN IN TIRUMALA TEMPLE, EDUCAIONAL INSTITUTIONS, MEDICAL PROFESSION WHICH ARE CONSIDERED TO BE HOLY PROFESSIONS.
    THE AMOUNT TO BE GIVEN AS "BRIBE" IN BURIAL YARD(S) IN INDIA, WHEN A PERSON DIE, FOR BURNING THE BODY, FOR GETTING DEATH CERTIFICATE, (THESE ARE IN ADDITION TO OFFICIAL FEES PAID TO MUNICIPALIIES FOR BURNING THE BODY FOR FIRE WOOD ETC.). The amount to be spend after death in India now comes to Lakhs of Rupees for doing all types of cermonies, merging ashes in Ganga at Varanasi and other holy places, giving gifts/charities to pandits, giving advertisements in newspapers, arranging feasts BHOJANALU to thousands of people (so called relatives), friends. This is in addition to LARGE SUMS OF MONEY PAID TO DOCTORS FOR SO CALLED CURING OF SICKNESS.
    In many cases, many middle class people becomes BEGGERS/PAUPERS after getting into hospitals, nursing homes etc. just before dyeing.





    invincibleasian
    01-27 09:38 PM
    Go for it! Life itself is not fair!!



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