jthomas
05-29 05:39 PM
can somebody summarise it and make a action plan
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Lasantha
12-14 03:53 PM
OK, sorry then. I missed that. ;)
Yes, Lasantha.. you are right. But that was one of mbartosik's points when he/she was comparing cost/benefit.
Yes, Lasantha.. you are right. But that was one of mbartosik's points when he/she was comparing cost/benefit.
hydboy77
06-04 01:13 PM
This is what I was also proposing in another thread. we should ask for an administrative fix where once the application is pre adjudicated the applicant should be left alone and not issed any Employment verification letter rfe, or semilar\same job restrictions if they are back logged because of country quota and face multiple year wait, this way atleast it will give people some breating space, the way the system if set up right now, EAD, 485 pre adjudication, I140 approval are all useless if you keep getting Employment verification letter rfe and same semilar job rquirement. Without visa recapure it is going to take atleast 10 years for Eb3 and Eb2 india, in the next 10 years you will keep getting Employement verifivation letter rfe and semilar and same job requirement, there is no way anybody can survive that for 10 yeears. Administrative fix like this can happen without passing a law, for example USCIS started issuing 2 year EAD for retrogressed applicants as an administrative fix. We dont even need a interim green card we can continue on EAD with the administrative fix to exempt cases which have been preadjucated (485) from Employment verification letter RFE and same and semilar job requirement.
I just used t he term Interim GC to convey the idea, it could be named anything. EAD is a also a partial GC, it gives you rights of a GC holder pending administrative processing of your application - to work with any employer. The interim GC may provide all rights of a GC holder, awaiting final count in the legal register (due to legal need of numeric limitations) and the final card, just like a temporary driver license you get immediately after the road test. The idea is that once this stage is passed, no further questions on employment, etc. should be asked.
I just used t he term Interim GC to convey the idea, it could be named anything. EAD is a also a partial GC, it gives you rights of a GC holder pending administrative processing of your application - to work with any employer. The interim GC may provide all rights of a GC holder, awaiting final count in the legal register (due to legal need of numeric limitations) and the final card, just like a temporary driver license you get immediately after the road test. The idea is that once this stage is passed, no further questions on employment, etc. should be asked.
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rp1975
07-16 02:45 PM
This is a question for the attorny.
Dear Sir/Madam,
Firstly I would like to thank you for providing answer to our questions on this forum.
My current status:
PD March 2004
EB3 India
Approved 140
485 Pending (Applied July 2007)
Question:
1. Can I switch my EB category from EB3 to EB2, and maintain my original PD? If yes, what are the steps required if,
a. I continue to work for the same employer that filed my labor certification, assuming my collective experience qualifies for EB2
b. I invoke AC21 and take a new job which satisfies AC21 requirements, assuming the new job has the same duties but is a senior level position which also qualifies for EB2
Regards,
rp1975
Dear Sir/Madam,
Firstly I would like to thank you for providing answer to our questions on this forum.
My current status:
PD March 2004
EB3 India
Approved 140
485 Pending (Applied July 2007)
Question:
1. Can I switch my EB category from EB3 to EB2, and maintain my original PD? If yes, what are the steps required if,
a. I continue to work for the same employer that filed my labor certification, assuming my collective experience qualifies for EB2
b. I invoke AC21 and take a new job which satisfies AC21 requirements, assuming the new job has the same duties but is a senior level position which also qualifies for EB2
Regards,
rp1975
more...
hopefulgc
12-13 04:16 PM
whenever a good idea is raised .. we all obey hte dynamics of group behavior and divide ourselves into two parts
FOR and AGAINST the idea..
soon discussion ensues.. and since pessimism is more scary than optimism... and we have other "less viable" alternatives.. the good idea is soon forgotten.
Can we do something different this time and give this great idea the attention it deserves?
FOR and AGAINST the idea..
soon discussion ensues.. and since pessimism is more scary than optimism... and we have other "less viable" alternatives.. the good idea is soon forgotten.
Can we do something different this time and give this great idea the attention it deserves?
bitu72
11-15 04:58 PM
Hi all,
i have applied on oct 15th , i have got a file number very quickly.
seems like they encashed my draft on 10/25.
so is my date going to be considered be 10/25.
i got a letter stating your letter is in priority queue and we would contact you.
when do they contact genrally. lany idea about next steps.
thanks
i have applied on oct 15th , i have got a file number very quickly.
seems like they encashed my draft on 10/25.
so is my date going to be considered be 10/25.
i got a letter stating your letter is in priority queue and we would contact you.
when do they contact genrally. lany idea about next steps.
thanks
more...
rahulpaper
06-26 08:33 PM
Ok, if the Fragomen page is the source of this rumor: can someone who is a Fragomen client ask their attorney about what's going on here. That might help clarify things a bit. (Given that they are the largest immigration law firm, there's bound to be many IV members for whom Fragomen is preparing documents.)
Please Please Please ask the lawyer you are working with.....
Please Please Please ask the lawyer you are working with.....
2010 %IMG_DESC_3%
Lasantha
12-14 04:48 PM
I did not mean sector. I was refering to his statement about people from one country monopolizing the visas.
I am sorry but I still cannot see how a 7% per country upper limit criteria allows any one sector (say IT) from monopolizing all the available visas
I am sorry but I still cannot see how a 7% per country upper limit criteria allows any one sector (say IT) from monopolizing all the available visas
more...
qvadis
02-13 06:44 PM
Before AC21, the spill over goes vertically.
After AC21, the spill over should go horizontally.
Now ROW experts, post your comment for this hypothitical example ..
Lets assume there are 100 unused visas in EB2 catagory in a calender quarter. Worldwide EB damand is more than 140,000. Now, how will you assisn those numbers if it is before AC21 period and if it is after AC21 period.
If you say in both cases it goes to EB3-ROW, then we are not stupid to listien.
(a) INA 202(a)(3) states that the total number of visas available under both subsections (a) and (b) [...] exceeds the number of qualified immigrants [...] (2) shall not apply [...]. In your case, there are no excess visas available for FB immigrants.
(b) INA 202(e) Special Rules for Countries at Ceiling. requires that additional visas are distributed according to the world-wide distribution across FB and EB categories. Of the 100 unused visas 77 would have to be alloted to FB, and only 22 to EB categories. Assuming a 1/3 distribution in EB categories EB1, EB2, EB3, 7 would go to EB2.
If USCIS cannot follow this rule, those 100 visas would be unused for that fiscal year.
With AC21, the 100 can be assigned to oversubscribed countries, if Visas are available, ie. demand in all categories is less than supply. With EB3-ROW retrogressed, that is not the case.
Just the way I see it....
After AC21, the spill over should go horizontally.
Now ROW experts, post your comment for this hypothitical example ..
Lets assume there are 100 unused visas in EB2 catagory in a calender quarter. Worldwide EB damand is more than 140,000. Now, how will you assisn those numbers if it is before AC21 period and if it is after AC21 period.
If you say in both cases it goes to EB3-ROW, then we are not stupid to listien.
(a) INA 202(a)(3) states that the total number of visas available under both subsections (a) and (b) [...] exceeds the number of qualified immigrants [...] (2) shall not apply [...]. In your case, there are no excess visas available for FB immigrants.
(b) INA 202(e) Special Rules for Countries at Ceiling. requires that additional visas are distributed according to the world-wide distribution across FB and EB categories. Of the 100 unused visas 77 would have to be alloted to FB, and only 22 to EB categories. Assuming a 1/3 distribution in EB categories EB1, EB2, EB3, 7 would go to EB2.
If USCIS cannot follow this rule, those 100 visas would be unused for that fiscal year.
With AC21, the 100 can be assigned to oversubscribed countries, if Visas are available, ie. demand in all categories is less than supply. With EB3-ROW retrogressed, that is not the case.
Just the way I see it....
hair %IMG_DESC_4%
Caliber
09-23 08:46 AM
As completely unrelated these two issues are (from a law maker's perspective) on a normal day, these are possibly those times when each of these issues can help the other.
END OF CONTENT
Nixstor: I know how responsible person you are. You must have given lot of thought to this. Even if 20-30% people buy house, that reduces the no of applicants waiting for GC which will make it faster for the people that do not want to buy now for various reasons.
I fully support this idea. Thanks for bringing such good and justified proposal.
END OF CONTENT
Nixstor: I know how responsible person you are. You must have given lot of thought to this. Even if 20-30% people buy house, that reduces the no of applicants waiting for GC which will make it faster for the people that do not want to buy now for various reasons.
I fully support this idea. Thanks for bringing such good and justified proposal.
more...
vdlrao
09-15 02:42 AM
Year, TOT_LBRS, Certified, LBR_INDIA PD_>_10/1/2001
2000 074048 70204 ????? 0
2001 082139 77921 ????? 0
2002 089168 79784 ????? 7873
2003 095299 62912 ????? 25956
2004 098866 43582 ????? 26569
2005 014253 06133 01350 6133
2006 105960 79782 22298 79782
2007 098753 85112 24573 85112
2008 061997 21092 07198 21092
Total 720483 526522 55419 252517
http://immigrationvoice.org/forum/forum2-retrogression-priority-dates-and-visa-bulletins/23813-perm-labor-data-analysis.html
In 2005 there are a total of 01350 labors certified only for India.
In 2006 there are a total of 22298 labors certified only for India.
The other important thing here to note down is there are many outsourcing companies out there filed/filing GCs for their so called managers in EB1 category.
2000 074048 70204 ????? 0
2001 082139 77921 ????? 0
2002 089168 79784 ????? 7873
2003 095299 62912 ????? 25956
2004 098866 43582 ????? 26569
2005 014253 06133 01350 6133
2006 105960 79782 22298 79782
2007 098753 85112 24573 85112
2008 061997 21092 07198 21092
Total 720483 526522 55419 252517
http://immigrationvoice.org/forum/forum2-retrogression-priority-dates-and-visa-bulletins/23813-perm-labor-data-analysis.html
In 2005 there are a total of 01350 labors certified only for India.
In 2006 there are a total of 22298 labors certified only for India.
The other important thing here to note down is there are many outsourcing companies out there filed/filing GCs for their so called managers in EB1 category.
hot %IMG_DESC_5%
immigrationvoice1
02-14 01:18 PM
You are assuming of course that all those who fall in the India category are Indians - I am not. I'm a Canadian who happened to be born in India and thus fall into that same bucket. My fellow Canadians who were born in Canada and are now in the US all support me in the removal of per country limits. Let us be more accurate and refer to this as the "mood amongst fellow Indian-born applicants", as opposed to "fellow Indians".
With one fifth of the world population born in India, we probably consider everyone who has anything to do with India as "Indians" (as Russell Peters, another Indo-Canadian (Anglo Indian) said, "Indians - the ones from the Convenience stores and NOT from the Casinos!"), its the same thing...."Desis" would be a wider term I believe! We love all !
Welcome...
With one fifth of the world population born in India, we probably consider everyone who has anything to do with India as "Indians" (as Russell Peters, another Indo-Canadian (Anglo Indian) said, "Indians - the ones from the Convenience stores and NOT from the Casinos!"), its the same thing...."Desis" would be a wider term I believe! We love all !
Welcome...
more...
house %IMG_DESC_17%
Macaca
07-04 10:25 AM
Any URLs that make the following (in IV press release) look more believable
resulting in inconvenience to at least 100,000 skilled professionals waiting to file for "adjustment of status"
One estimate puts the expenses by applicants over the last two weeks at over $6,000 million in filing fees
resulting in inconvenience to at least 100,000 skilled professionals waiting to file for "adjustment of status"
One estimate puts the expenses by applicants over the last two weeks at over $6,000 million in filing fees
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tikka
07-03 06:39 PM
http://digg.com/politics/Rep_Lofgren_Issues_Statement_on_Updated_Visa_Bulle tin - 107
http://digg.com/politics/No_July_4th_Celebrations_for_Highly_Skilled_Future _Americans/who- 127
we can also digg the comments
thank you
http://digg.com/politics/No_July_4th_Celebrations_for_Highly_Skilled_Future _Americans/who- 127
we can also digg the comments
thank you
more...
pictures %IMG_DESC_7%
unseenguy
04-01 02:32 AM
Please also consider the forced sacrifice country and millions of your countrymate made due to Nehru clan compared to the "sacrifice" Nehru himself made.
It is true everyone has made some sacrifices but consider if India were not a free country and if Nehru and others like Mahatma Gandhi didn't dedicate themselves to the cause of nation then would we be better off today? We failed to carry the torch left by them for us.
Has anyone asked them to vote for Nehru dynasty after the blunders? Didnt anyone see it coming? Building society is everyone's responsibility. Not just Nehru or his children's.
This is like saying we wasted one spot in Indian cricket team on Sachin Tendulkar when he scored 0 in some matches or didnt win a match for India.
It is team work and collective responsibility that will make this country prosper. Blaming some person by saying all his fault and we are here because he screwed us is not the right thing to do. It just finds a scapegoat and does not solve the problem. We should learn from the mistakes the country has made and learn from them and move forward.
It is true everyone has made some sacrifices but consider if India were not a free country and if Nehru and others like Mahatma Gandhi didn't dedicate themselves to the cause of nation then would we be better off today? We failed to carry the torch left by them for us.
Has anyone asked them to vote for Nehru dynasty after the blunders? Didnt anyone see it coming? Building society is everyone's responsibility. Not just Nehru or his children's.
This is like saying we wasted one spot in Indian cricket team on Sachin Tendulkar when he scored 0 in some matches or didnt win a match for India.
It is team work and collective responsibility that will make this country prosper. Blaming some person by saying all his fault and we are here because he screwed us is not the right thing to do. It just finds a scapegoat and does not solve the problem. We should learn from the mistakes the country has made and learn from them and move forward.
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weasley
09-23 06:44 PM
I completely agree with this. USCIS has better date than prior years. PD for October is Jan 2005,the numbers available for first quarter is 750 (approx) and around 700 I485s are in Jan 2005. We will know in Dec whether quarterly spill happens or not.
The key difference compared to last year is Pre-Adjudication and improved communication between DOS and USCIS.
.
The key difference compared to last year is Pre-Adjudication and improved communication between DOS and USCIS.
.
more...
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BharatPremi
10-25 04:45 PM
what is definition of "canadian business".
Ans: The company originally set up in any province in canada.
- May have business interest/setup in other countries in terms of
branch/subcidiary or partnership with other compny in otehr country.
can we extrpoltae your suggestion little bit more or is it asking for
too much
1. once you have PR ask your wife to open a company A.
2. As a employee of company A you can come over to USA while maintainig your PR status. You should still be considered to be covered under candian business wanting the employee to work on international projects..
can this theory fly...all this assuming no EAD filling in near future
Ans: Keys: 1) companies MUST be set in both canada and US
2) For investing you need not to be resident. This is true for both
US and Canada.
3) For filing GC you MUST be an employee. IF you are investor
you can not file GC under your company
4) US GC is very lengthy process. How you can make sure your
employment for around 7 to 8 years? So considering this and point 3, convince your wife to set the business both in Canada nad USA.
- Since you can not become investor to achieve US GC ( Considering to apply through Employment category .. which is cheap cost option), make
your wife a boss and let her run business. You become an employee in Company A (Canada)set by her. Tell her to set company B in US. Tell her to find the project in US. Let her tell the client (USA) to go into contract with company B. Company B's owner (Your wife) will make a contract with Company A ( Here also your wife is an owner) for the position at that client. Being an employee of company A ("Canadian Business") your employer (your wife) will put a TN visa request to the consulate showing USA's client (comany B) business need. Upon approval you fly to USA (Now your wife is your family so wife will also fly with you) for starting a job. You will be considered "Physical Resident" of Canada as "Canadian Business" sent you to USA for business need. Now after some time tell Company B ( Owner: Your Wife)to file US GC application for "Future Employment". As long as you keep getting valid project work in USA, now you will be in a position to stop counting years of GC process. You will be able to maintain Canadian PR , can become Canadian citizen after 3 years and wait for US GC coolly. Ofcourse every year TN will have to be renewed.
Possible flaws in theory: 1) Double taxes (In Canada nad US) ( Will require some research and good advise from Tax expert from both in Canada and US)
2) May affect TN renewals adversely !!? ( No idea.. suggestions welcome).
To me this way of thinking seems to be perfectly legal.. But I think we should better ask some good professinal lawyers who are experts for both Canadian and US immigration.
Ans: The company originally set up in any province in canada.
- May have business interest/setup in other countries in terms of
branch/subcidiary or partnership with other compny in otehr country.
can we extrpoltae your suggestion little bit more or is it asking for
too much
1. once you have PR ask your wife to open a company A.
2. As a employee of company A you can come over to USA while maintainig your PR status. You should still be considered to be covered under candian business wanting the employee to work on international projects..
can this theory fly...all this assuming no EAD filling in near future
Ans: Keys: 1) companies MUST be set in both canada and US
2) For investing you need not to be resident. This is true for both
US and Canada.
3) For filing GC you MUST be an employee. IF you are investor
you can not file GC under your company
4) US GC is very lengthy process. How you can make sure your
employment for around 7 to 8 years? So considering this and point 3, convince your wife to set the business both in Canada nad USA.
- Since you can not become investor to achieve US GC ( Considering to apply through Employment category .. which is cheap cost option), make
your wife a boss and let her run business. You become an employee in Company A (Canada)set by her. Tell her to set company B in US. Tell her to find the project in US. Let her tell the client (USA) to go into contract with company B. Company B's owner (Your wife) will make a contract with Company A ( Here also your wife is an owner) for the position at that client. Being an employee of company A ("Canadian Business") your employer (your wife) will put a TN visa request to the consulate showing USA's client (comany B) business need. Upon approval you fly to USA (Now your wife is your family so wife will also fly with you) for starting a job. You will be considered "Physical Resident" of Canada as "Canadian Business" sent you to USA for business need. Now after some time tell Company B ( Owner: Your Wife)to file US GC application for "Future Employment". As long as you keep getting valid project work in USA, now you will be in a position to stop counting years of GC process. You will be able to maintain Canadian PR , can become Canadian citizen after 3 years and wait for US GC coolly. Ofcourse every year TN will have to be renewed.
Possible flaws in theory: 1) Double taxes (In Canada nad US) ( Will require some research and good advise from Tax expert from both in Canada and US)
2) May affect TN renewals adversely !!? ( No idea.. suggestions welcome).
To me this way of thinking seems to be perfectly legal.. But I think we should better ask some good professinal lawyers who are experts for both Canadian and US immigration.
girlfriend %IMG_DESC_14%
BharatPremi
12-14 02:23 PM
O.K. Forget for a moment about IN,China,MX and Philipines. Let me understand the "Quota" witihin "ROW"
Example: Britain, Pakistan.
Let's say next year tons of nationals of Britain Choose to apply under EB.
Let's say total is more than 7% of Total 1,40,000 limit.
Is that allowed?
Same question for Pakistan...
Example: Britain, Pakistan.
Let's say next year tons of nationals of Britain Choose to apply under EB.
Let's say total is more than 7% of Total 1,40,000 limit.
Is that allowed?
Same question for Pakistan...
hairstyles %IMG_DESC_11%
chantu
03-30 01:57 PM
Yes...We had them in power for five years. It was a joke. India was Shining and we had to wear sun glass.
I am not supporting the congress party. I am only supporting the MMS. To me, he is faaaaaaaaaaaaaaaaarr better than Mr.Advani or Mayavathi
SNathan, I know you are supporting MMS and not congress. But remember, it is not MMS govt it is congress govt. MMS is just an executive who will implement his boss's decisions. It happened during Narasimha Rao. It was Rao and not MMS who brought economy reforms. Also, India Shining was flop show and we had to wear sun glasses, but last 5 years of UPA was such a economic disaster that now even if we remove glasses we can see nothing but darkness.
Also please consider that during UPA rule, India's loss due to terrorism was next to Iraq. As Narendra Modi says, even if you are rich, own houses and cars and happy in life...but if you are not sure that at the end of day you will return home safely or not, then this money and richness is of no use.
I am not supporting the congress party. I am only supporting the MMS. To me, he is faaaaaaaaaaaaaaaaarr better than Mr.Advani or Mayavathi
SNathan, I know you are supporting MMS and not congress. But remember, it is not MMS govt it is congress govt. MMS is just an executive who will implement his boss's decisions. It happened during Narasimha Rao. It was Rao and not MMS who brought economy reforms. Also, India Shining was flop show and we had to wear sun glasses, but last 5 years of UPA was such a economic disaster that now even if we remove glasses we can see nothing but darkness.
Also please consider that during UPA rule, India's loss due to terrorism was next to Iraq. As Narendra Modi says, even if you are rich, own houses and cars and happy in life...but if you are not sure that at the end of day you will return home safely or not, then this money and richness is of no use.
tikka
07-03 10:22 PM
Hi Guys,
Can you please post Media Links on this issue .. (CNN, ... etc) Thanks
--------------------------------------------------------------------------------
http://www.wesh.com/money/13616272/detail.html
http://www.edmontonsun.com/News/Worl...08500-sun.html
http://www.kswo.com/Global/story.asp?S=6740337
http://www.onelocalnews.com/howellti...news&id=129492
http://economictimes.indiatimes.com/...ow/2170349.cms
http://www.foxnews.com/wires/2007Jul...nCards,00.html
Can you please post Media Links on this issue .. (CNN, ... etc) Thanks
--------------------------------------------------------------------------------
http://www.wesh.com/money/13616272/detail.html
http://www.edmontonsun.com/News/Worl...08500-sun.html
http://www.kswo.com/Global/story.asp?S=6740337
http://www.onelocalnews.com/howellti...news&id=129492
http://economictimes.indiatimes.com/...ow/2170349.cms
http://www.foxnews.com/wires/2007Jul...nCards,00.html
at0474
12-13 02:15 PM
"There is no "reservation", the nature of the clause is a cap, it does not give another country a minimum quota, it is written as a restrictive provision. and again- just because it benefits someone else does not make discrimination "right", in the strictest sense. right and wrong when it comes to discrimination are not relative. and if you believe they are, it's mighty slippery slope my friend because it does not take time to find yourself on the other side."
--You have decided to coin the country cap quota as discrimination. After you take that position, everything you said seem difficult to challenge. Yes, you are absolutely right that "rights and wrongs" are not relative when you are discriminating against someone. You are also spot on that discrimination cannot be justified because it benefits others.
"you sound suspiciously supportive of the caste system. i will say it again. such a system is wrong. i do not care which side of the fence you are on. was depriving blacks from voting wrong? or was it ok from the white side of the fence? please think before you post."
--Why bother assuming opponent's position? What system I support doesn't add a jot to what we are discussing here. Depriving blacks from voting and not giving a greencard to you (inline with a bangladeshi) doesn't seem to hold any water. Let alone whites being "ok" with it, when you walk down the street with a bangladeshi, I hardly suspect if they can even identify you by your nationality.
"please think before you post"
--Let me try!!Hmmmmm!!! Nah!! IMHO, We cannot call country cap for EB categories as discrimination. Is it reflecting discrepencies in its implementation? Sure...no system works to justify its underlying intent accurately. Nevertheless, an attempt is made. Hence we call it a process. Harping against USCIS that it is plain discrimination is not going to get us anywhere. As times change, they have to change the policies to suit the prevaling circumstances as well. In the long run, if every other immigrant is a bangladeshi, I am sure they will be taken out from the diversity lottery program.
--You have decided to coin the country cap quota as discrimination. After you take that position, everything you said seem difficult to challenge. Yes, you are absolutely right that "rights and wrongs" are not relative when you are discriminating against someone. You are also spot on that discrimination cannot be justified because it benefits others.
"you sound suspiciously supportive of the caste system. i will say it again. such a system is wrong. i do not care which side of the fence you are on. was depriving blacks from voting wrong? or was it ok from the white side of the fence? please think before you post."
--Why bother assuming opponent's position? What system I support doesn't add a jot to what we are discussing here. Depriving blacks from voting and not giving a greencard to you (inline with a bangladeshi) doesn't seem to hold any water. Let alone whites being "ok" with it, when you walk down the street with a bangladeshi, I hardly suspect if they can even identify you by your nationality.
"please think before you post"
--Let me try!!Hmmmmm!!! Nah!! IMHO, We cannot call country cap for EB categories as discrimination. Is it reflecting discrepencies in its implementation? Sure...no system works to justify its underlying intent accurately. Nevertheless, an attempt is made. Hence we call it a process. Harping against USCIS that it is plain discrimination is not going to get us anywhere. As times change, they have to change the policies to suit the prevaling circumstances as well. In the long run, if every other immigrant is a bangladeshi, I am sure they will be taken out from the diversity lottery program.
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