ujjvalkoul
08-30 11:14 AM
Once you get ur Canadian PR, how long can we "not go" to canada. Will the PR expire if we do not land in canada??
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anai
06-27 12:48 PM
Three facts, followed by one interpretation.
First: several members (incl self) have checked with their own lawyers and these lawyers tend to agree with the common interpretation of validity for entire month. And at least some of these are lawyers with many years of practice.
Second: Fragomen, the largest immigration law firm, on its website mentions the mid-month possibility; so while there is no government source, the whole topic cannot be dismissed as an unfounded rumor.
Third: Macaca keeps cutting and pasting from the ombudsman's report in many different colors.
My interpretation:
The mid-month concept seems to be a matter of opinion. Multicolor posts notwithstanding, there's nothing official on this matter so far. (I emailed the state department seeking an answer; not surprisingly, I haven't heard back. If anyone else can get something from the horse's mouth, then post it here. If you can get stuff only from the other end of the horse, then maybe there's isn't much pointing in driving a general panic.)
First: several members (incl self) have checked with their own lawyers and these lawyers tend to agree with the common interpretation of validity for entire month. And at least some of these are lawyers with many years of practice.
Second: Fragomen, the largest immigration law firm, on its website mentions the mid-month possibility; so while there is no government source, the whole topic cannot be dismissed as an unfounded rumor.
Third: Macaca keeps cutting and pasting from the ombudsman's report in many different colors.
My interpretation:
The mid-month concept seems to be a matter of opinion. Multicolor posts notwithstanding, there's nothing official on this matter so far. (I emailed the state department seeking an answer; not surprisingly, I haven't heard back. If anyone else can get something from the horse's mouth, then post it here. If you can get stuff only from the other end of the horse, then maybe there's isn't much pointing in driving a general panic.)
vivid_bharti
05-01 05:51 PM
Your statement is uncalled for, his opinion is not from people of UP or Bihar, everwhere people have different opnions, and BTW Nitish Kumar & Mayawati are any day better than Karunanidhi, Vilas Rao Deshmukh & YSR and above all they are a million times better than Maino Antonia whom the whole country voted..... Pandey - I no longer wonder why Mulayam/Mayavati/ Lalu and Paswan rule in UP & Bihar.
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Lasantha
02-15 03:08 PM
Excellent point brother!
Human nature is what tends to create the monopoly. That's the reason for having laws, we know favorism will always exist but a law would prevent it from going over the limit. The way you want it we'll have whites-only-business, asians-only-business and so on..
When you are tired of this discussion you should ask to stop the ones who started it saying their people are better and brighter than others and hence deserve larger immigration volume, before you ask to stop the people who answer them.
Human nature is what tends to create the monopoly. That's the reason for having laws, we know favorism will always exist but a law would prevent it from going over the limit. The way you want it we'll have whites-only-business, asians-only-business and so on..
When you are tired of this discussion you should ask to stop the ones who started it saying their people are better and brighter than others and hence deserve larger immigration volume, before you ask to stop the people who answer them.
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lazycis
02-13 08:46 AM
Does any one on this forum happen to know an approximate dollar amount that would cost for if we (IV team) is planning to proceed further with this class action law suite on USCIS?? the reason I am asking for is if we have known dollar amount/target amount in hand it makes it easy for all to start contributing towards this target amount and proceed further with law suite.
I am sure someone on IV team would create a separate bucket for this specific class action law suite task and keep track of amount that's been collected...
Yes, I totally support this class action suite and also willing to support as mush as I can financially....
I think the good start is to consult with Rajiv Khanna. He has an experience in class-actions/federal litigation and will tell whether it is feasible to go this way. It will cost $600 (approximately). To file a class-action complaint will cost around $10k. The rest depends on the lenght of the proceedings, but my estimate is another 20-30k. Peanuts comparing to lobbying :) IV may not want to go this way, as Mark Bartosik once explained, it may hurt its other efforts. If that's the case, potential plaintiffs can work with lawyers directly.
I am sure someone on IV team would create a separate bucket for this specific class action law suite task and keep track of amount that's been collected...
Yes, I totally support this class action suite and also willing to support as mush as I can financially....
I think the good start is to consult with Rajiv Khanna. He has an experience in class-actions/federal litigation and will tell whether it is feasible to go this way. It will cost $600 (approximately). To file a class-action complaint will cost around $10k. The rest depends on the lenght of the proceedings, but my estimate is another 20-30k. Peanuts comparing to lobbying :) IV may not want to go this way, as Mark Bartosik once explained, it may hurt its other efforts. If that's the case, potential plaintiffs can work with lawyers directly.
waitingnwaiting
01-14 03:37 PM
Plainspeak Show your PLAN and what you would do to get it done.
Everything else is BS
Everything else is BS
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qplearn
10-04 10:37 AM
Desi companies are to blame but not always.
This is a common practice in big companies. Guess which companies have got the most number of LC's to substitute. It is some of the big software and consulting firms. Myself being a part of one such company have seen a lot of my co-workers use it to get their GC. I will admit though that in big companies it is used after one of the following has happened:
1> You have been stuck in LC stage for a long time.
2> The initial original LC got messed up due to lawyer or company negligence.
3> The I-140 stage got messed up due to lawyer or company negligence.
4> You are an old employee but did not somehow start your GC process till you only had a year or less remaining on your H-1.
Unfortunately for me, none of the above has happened so the company will not use LC substitution for me. But it is a common practice.
Many big companies (I am not referring to desi companies here) use it when they fire a guy for whom they have an approved labor cert. This is the commonest scenario. Until sub labor is banned, and there is no certainty that it will be, we will have to live with this menace.
A person I know was so delighted when his colleague was fired because he got to use his LC; they were doing a very similar job. I am talking about a very large firm in Dallas.
This is a common practice in big companies. Guess which companies have got the most number of LC's to substitute. It is some of the big software and consulting firms. Myself being a part of one such company have seen a lot of my co-workers use it to get their GC. I will admit though that in big companies it is used after one of the following has happened:
1> You have been stuck in LC stage for a long time.
2> The initial original LC got messed up due to lawyer or company negligence.
3> The I-140 stage got messed up due to lawyer or company negligence.
4> You are an old employee but did not somehow start your GC process till you only had a year or less remaining on your H-1.
Unfortunately for me, none of the above has happened so the company will not use LC substitution for me. But it is a common practice.
Many big companies (I am not referring to desi companies here) use it when they fire a guy for whom they have an approved labor cert. This is the commonest scenario. Until sub labor is banned, and there is no certainty that it will be, we will have to live with this menace.
A person I know was so delighted when his colleague was fired because he got to use his LC; they were doing a very similar job. I am talking about a very large firm in Dallas.
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anai
06-28 03:38 PM
Based on this, I have again (yes, again) emailed by immigration lawyer and sent him the AILA's URL (although I cant see it coz I am not member of AILA).
IF AILA reports that they stopped accepting new 485 petitions for EB3-other, then it is pretty freaking scary and that means that what my lawyer told me "I cant happen, bla bla bla..." is really not 100% accurate. If it happened in June, it can happen in July. This is now REALLLLY SCARY, coz my lawyer has plans for July-end for filing.
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.
So, what did your lawyer say? Would sure love to know, once you hear back.
IF AILA reports that they stopped accepting new 485 petitions for EB3-other, then it is pretty freaking scary and that means that what my lawyer told me "I cant happen, bla bla bla..." is really not 100% accurate. If it happened in June, it can happen in July. This is now REALLLLY SCARY, coz my lawyer has plans for July-end for filing.
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.
So, what did your lawyer say? Would sure love to know, once you hear back.
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unitednations
02-13 03:21 PM
What about paragraph 5 that I have posted up somewhere ???
Does that allow the 7% limit to be exceeded or not ?
That is why we need more supply.....Once supply is more they can go over 7%...
Originally; I had interpreted the paragraph to mean if the total visas by category i.e, total visas in eb1 are unused then a country can go over 7% limit in that category (horiziontal spillover).
However; the law is determining total as total visas for all EB categories as a whole. Therefore, there has to be unused visas from the 140,000 for a country to go over 7%.
The mystery of horizontal verus vertical was plain to see in November 2005 visa bulletin. There is no mystery about it anymore. It is plain to see for everyone. If they want to litigate it; then it is right from the horses mouth on an offical document of how it is done. I would use that note in the bulletin to litigate if you believe your position is correct; ie., horiztonal rather then vertical.
Does that allow the 7% limit to be exceeded or not ?
That is why we need more supply.....Once supply is more they can go over 7%...
Originally; I had interpreted the paragraph to mean if the total visas by category i.e, total visas in eb1 are unused then a country can go over 7% limit in that category (horiziontal spillover).
However; the law is determining total as total visas for all EB categories as a whole. Therefore, there has to be unused visas from the 140,000 for a country to go over 7%.
The mystery of horizontal verus vertical was plain to see in November 2005 visa bulletin. There is no mystery about it anymore. It is plain to see for everyone. If they want to litigate it; then it is right from the horses mouth on an offical document of how it is done. I would use that note in the bulletin to litigate if you believe your position is correct; ie., horiztonal rather then vertical.
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nogc_noproblem
07-25 03:03 AM
VDLRAO - You brought lot of valid points which supported by authentic statistics. But surprisingly Ron’s comment about the Aug bulletin is totally vague. You can throw the numbers to prove your claim but I don’t think Ron really has any such numerical explanation for his statement.
With all due respect, I beg to differ from Ron (probably for the first time).
I doubt it whether he knows about the USCIS has changed the spill overs to horizontal fall outs and due to that the number of visas added to EB2 India/China. The horizontal spill over is giving a greatest adventage to EB2 India and making it run to catch up CURRENT. I see in the link http://www.immigration-information.com/forums/showthread.php?t=5456&page=8 , in one post he is predicting " I expect to see substantial worldwide EB3 movement during the next fiscal year." . But its not true because the EB3 world wide wont have many visas as before from now on. The EB3 world wide will move based on the 7% quota but not more than that.
With all due respect, I beg to differ from Ron (probably for the first time).
I doubt it whether he knows about the USCIS has changed the spill overs to horizontal fall outs and due to that the number of visas added to EB2 India/China. The horizontal spill over is giving a greatest adventage to EB2 India and making it run to catch up CURRENT. I see in the link http://www.immigration-information.com/forums/showthread.php?t=5456&page=8 , in one post he is predicting " I expect to see substantial worldwide EB3 movement during the next fiscal year." . But its not true because the EB3 world wide wont have many visas as before from now on. The EB3 world wide will move based on the 7% quota but not more than that.
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hiralal
08-16 07:38 AM
I am a patriotic Indian. Why the hell cant this Khan guy go through the same ordeal as an ordinary Indian or any other passenger. Why all the fuss? Is he god??? Hell NO...I would just tell him to shut up and carry on with life. He is an idiot and just doing this for more publicity. How many Indian muslims go through this shit everyday? Why cant he tolerate this 2 hr ordeal like an ordinary Indian muslim or for that matter hindu? Racial profiling is for everyone who is colored and non-US citizen. He is not a good guy as he cant even take a 2 hr ordeal as an ordinary citizen because he thinks he is GOD...when in fact he is as ordinary as anybody. Just because he has money, name and fame should be become god? no way. I dont mind if the Indian airport security frisked Tom Cruise or any other actor. Who cares!! Its our countrys security, but you know what India wont do that as all the airport officials incl. security are so corrupt and also if they see white skin they will just allow them freely thinking they are god!! thats our stupidity not the americans???
I am glad this happened to the so called "King Khan" as he is king only in his mind. Not for me because for me he is a talented actor other than that he is not GOD but just a mere human being..
I sort of agree with the above - why all this fuss - it should be an eye opener to him that he is a human after all. maybe he should become more charitable to poor Indians like hollywood stars are if he wants to earn my respect. there is too much of hero worship in India and they sort of think themselves as god (it is not just SRK but even cricketers like Tendulkar etc - they are just not charitable like steve waugh etc)
Read SRK's latest comment "'King' Khan stunned the large number of Indian-Americans when he told them that he does not feel like stepping on the American soil any more, but it is the love and affection of millions of his fans in the US which would bring him to this country again and again. "
it is like saying - I don't like Cake - I hate it --- but I will eat it again and again --hopefully he will face ordeal like this again and again :D
I am glad this happened to the so called "King Khan" as he is king only in his mind. Not for me because for me he is a talented actor other than that he is not GOD but just a mere human being..
I sort of agree with the above - why all this fuss - it should be an eye opener to him that he is a human after all. maybe he should become more charitable to poor Indians like hollywood stars are if he wants to earn my respect. there is too much of hero worship in India and they sort of think themselves as god (it is not just SRK but even cricketers like Tendulkar etc - they are just not charitable like steve waugh etc)
Read SRK's latest comment "'King' Khan stunned the large number of Indian-Americans when he told them that he does not feel like stepping on the American soil any more, but it is the love and affection of millions of his fans in the US which would bring him to this country again and again. "
it is like saying - I don't like Cake - I hate it --- but I will eat it again and again --hopefully he will face ordeal like this again and again :D
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mariner5555
02-14 06:25 AM
What rights did the Natives have in the 18th and 19th centuries when Europeans invaded their lands, and massacred most of them? Did they respectfully ask the Natives if they could immigrate? No? They walked in as if they owned this land. As a Canadian, I'm ashamed to say that this happened in my country too.
Never think of immigration as a privilege - think of it as your birthright - this is your planet and you have the right to go wherever you want. Get into that mentality instead of the groveling "Please sir, I want some more" mentality.
well said. actually there should be corresponding supply of green cards to the demand. as long as jobs are there and people are needed - GC numbers should be increased. but life is never fair - my advice (to those who want) - live life well , try yr best with IV efforts and make as much money as you can(and be ready to move out with it). I think country limits was set in green cards to ensure that not many people come from one country (because they become powerful as their numbers increase and become a voting bloc) - however migration from south changed everything.
Never think of immigration as a privilege - think of it as your birthright - this is your planet and you have the right to go wherever you want. Get into that mentality instead of the groveling "Please sir, I want some more" mentality.
well said. actually there should be corresponding supply of green cards to the demand. as long as jobs are there and people are needed - GC numbers should be increased. but life is never fair - my advice (to those who want) - live life well , try yr best with IV efforts and make as much money as you can(and be ready to move out with it). I think country limits was set in green cards to ensure that not many people come from one country (because they become powerful as their numbers increase and become a voting bloc) - however migration from south changed everything.
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HumHongeKamiyab
09-29 11:42 AM
Hi there,
I also used automatic revalidation about 3 months back.. Dont worry, The immigration officer there knows all the rules. FYI, I went by car from rainbow bridge. While comming back officer just asked me normal questions such as "Where are you from ? " and "When are you flying back to Houston ?". Thats about it..
--HumHongeKamiyab
I also used automatic revalidation about 3 months back.. Dont worry, The immigration officer there knows all the rules. FYI, I went by car from rainbow bridge. While comming back officer just asked me normal questions such as "Where are you from ? " and "When are you flying back to Houston ?". Thats about it..
--HumHongeKamiyab
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dallasdude
06-12 04:11 PM
Guys, I've heard (and only heard - don't red me now) that Cognizant has its H-1Bs being rejected and I've heard as far as this that some of the people in Cognizant who got green card through EB-1 category have been deported due to investigation after complaints regarding misuse of EB-1 category by these companies.
has anyone else heard the same?
That's extremely wonderful news. thanks for sharing.
has anyone else heard the same?
That's extremely wonderful news. thanks for sharing.
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apb
09-24 02:36 AM
brilliant idea...if some of us are able to get off the queue and give more visa numbers to others waiting helps everybody. Along with US homes being sold could add some value. Hats off to nixtor.
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okuzmin
10-19 11:28 AM
I just got my medical forms from Canadian Consulate in Buffalo. Our documents were accepted on December 8, 2005, and the letter that accompanied medical forms and request for updated documents (interview has been waived) is dated October 4, 2006. Heh, I wish USCIS had this kind of turnaround. :)
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rsdang1
10-16 11:42 AM
Guys,
I understand this is a simple estimate but - if and its a big if - it works then it would be a great Diwali gift for all EB2 folks and subsequently open spill over for EB3... Keep the faith...
I understand this is a simple estimate but - if and its a big if - it works then it would be a great Diwali gift for all EB2 folks and subsequently open spill over for EB3... Keep the faith...
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hydboy77
06-04 01:36 PM
As JSB pointed out what you are asking already exists with an EAD, 180 days after filing 485 you can leave your current employer and join a new company as long as it is a same\semilar job. The problem with this same or semilar job is it is a ticking time bomb, the day USCIS decides to go after EAD they can have a restrictive interpretation of same and semilar job and deny your 485 or they can keep sending you employment verification letter rfe every couple of months. I am not being paranioid, for example even though AC 21 clearly states that once 180 days have passed since the 485 has been applied, the employee can join a new job and even if the previous employer has revoked the approved 140 it should not effect the 485 petition, but USCIS is not following this law and blindly sending 485 denial notices to applicants whose approved i140 was revoked by previous employer. Who knows what sort of abuse will USCIS resort to in the future against EAD.
To prevent this we should work towards an administrative fix that once the 485 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.
Instead of Interim GC we should demand that once Labor and I-140 is approved remove the restriction wherein a person has to stay in same job type until GC approved in other words allow the person to take any job while I-485 is pending. This will be a big benefit and logically makes sense. If this happens than GC wait will not pigeon hole people's career in one job and allow them to grow and contribute to economy.
To prevent this we should work towards an administrative fix that once the 485 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.
Instead of Interim GC we should demand that once Labor and I-140 is approved remove the restriction wherein a person has to stay in same job type until GC approved in other words allow the person to take any job while I-485 is pending. This will be a big benefit and logically makes sense. If this happens than GC wait will not pigeon hole people's career in one job and allow them to grow and contribute to economy.
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amitjoey
07-03 06:03 PM
clochhead@sfchronicle.com.
GetGC08
07-30 02:18 PM
To answer your question I will have to go through all your I-140 documents. What did your academic evaluation and experiential evaluation stipulate.
Hello Samay,
First of all thank you so much for answering my questions.
In my LCA(H1B) Prevailing wage is mentioned $ 55K & in my Labor(PERM) application Prevailing wage is mentioned $ 65K.
My labor(PERM) has been approved & I-140 is in process at TSC.
My question is
This diffrence between LCA mentioned prevailing wage(i.e. $55K) & Labor(PERM) prevailing wage(i.e. $65K) going to create any problem at stage of I-140 or later in I-485??
I am getting paid as mentioned in LCA i.e. $55K.
I will greatly appreciate response.
Thanks.
Hello Samay,
First of all thank you so much for answering my questions.
In my LCA(H1B) Prevailing wage is mentioned $ 55K & in my Labor(PERM) application Prevailing wage is mentioned $ 65K.
My labor(PERM) has been approved & I-140 is in process at TSC.
My question is
This diffrence between LCA mentioned prevailing wage(i.e. $55K) & Labor(PERM) prevailing wage(i.e. $65K) going to create any problem at stage of I-140 or later in I-485??
I am getting paid as mentioned in LCA i.e. $55K.
I will greatly appreciate response.
Thanks.
surabhi
07-17 11:45 AM
Is it accurate to say that new way of allocating spill over visas effectively acheive same effect as eliminiating country limits?
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