Thursday 30 June 2011

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  • sidbee
    06-02 04:01 PM
    I am sure once you take a lead and file it yourself many will agree with you then. People will know it is not just talk and posts but you mean it.

    If i had the time and money , to do it , I wont be appealing to IV to do it.
    I would have done it by now, and not requesting a team effort.





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  • okuzmin
    05-25 12:43 PM
    If you have canadian PR, can't you work in US or do you still need a working visa to work in the US?

    Thank you.

    When you have a Canadian PR, you're still a citizen of your native country. Therefore, you can't get TN status (NAFTA) to enter the USA and work here as a Canadian citizen. However, my Russian friend (he is a Canadian PR, about to apply for citizenship) got a 10-year US business visa (B-1) and can enter the USA at any time. When you're a landed immigrant in Canada, US consulates start treating you very different.





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  • sumagiri
    07-25 11:18 AM
    Well, we are talking about 'cutoff date move', not actual approved I485's. If USCIS works in full steam, the EB2 backlog will be reduced quickly, which will result in cut off date move; if they don't, the DOS has to move date forward to allow more CP, that will also cause cut off date move. So either way, the horizontal spill over rule will have a huge positive impact on the EB2 dates move

    If USCIS is not efficient, cut off dates do not help much for pending I-485s even if there is a horizontal spill over. If USCIS is efficient, there is nothing to argue, EB2 will be benefited as analyzed by vdlrao , me and many other here. I am only trying to say that USCIS efficiency and its 'Target' for each year is a crucial factor when it comes to speculation. The number of visas approved is directly proportional to agency's efficiency and its set target. Depending on that, some parameters in our calculations change . For example, If they do not use the FB to EB spill over, we will be less by 20k for the year. If USCIS and DOS only utilize 130K out of 140K, we will be less by 10K more.

    I am not pessimistic and please note that I am not contradicting any one. I my self did detailed analysis in May 2008 saying that it will wonderful year for EB2. Please find the post here.
    http://immigrationvoice.org/forum/showpost.php?p=246481&postcount=1422

    Hope USCIS will works efficiently..





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  • samay
    07-15 07:09 PM
    Hi,

    I found that priority date field on my I-140 receipt is empty. Will this create any problem??
    I filed concurrently lasy july and MY PD will be current next month. I applied at NSC but got transferred to TSC.

    Thanks for the answers
    Your priority date is the date of your filing of your labor certification. Therefore, lack of the priority date on your I-140 receipt should not matter. Best of luck!



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  • ujjvalkoul
    06-27 06:01 PM
    if these turn out to be rumours ...then I will stop believing anything AILA says..





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

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



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  • miguy
    03-20 08:11 AM
    You can renew your permanent resident card only if you lived in canada for atleast 2 years in 5 years. And to get the card, you need to get a guarantor signature who knows you for atleast 2 years e.g. a physician, attorney, etc





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  • dilipcr
    06-16 03:41 PM
    Nice well thought out arguments. This is the essence of a healthy debate.

    Dilip -

    Could you please respond to questions raised in my post, when you get a chance?


    I would like to add one more thing here - Employment based immigration is not merit based, it is driven by employer-employment unless you self-petition in Eb1/Eb2.

    For the most part it is if it were left to market forces. Employers, rationally, would only want as much as talent for the price they pay. Most importantly, employers would be willing to go the extra mile to sponsor green cards only if they perceive that the immigrant employee would add value both in the present and the future. Now again, when I say employers, I mean the genuine employers and not the fly by night consulting body shops or the outsourcing companies. I strongly believe that EB based GC for a very large part is built on merit. You may see sme cases wherein some ordinary people getting green cards. They, in my opinion , are mostly from these body shops who got "lucky". Cant believe I am using that word !!!.

    You may be very much qualified, if there is no employer who is ready to sponsor your green card, you are out of luck, so please do not put argument that only best and qualified people get GC.

    Employers will be restricted in applying for GC for very qualified employees only in the period of recession. This happened with companies like CSCO etc in2001. wherein many of my friends left the company because cisco was barred from applying for GC after mass layoffs. But then after a year or so they started applying again. If you are referring to such scenarios, I would recommend patience because the immigrant per se is extremely well talented.

    I don't think it matters, but I am from college based in Kharagpur WB.

    In my opinion it does not. But be careful in this forum though. People may view your statement as egotistic.
    Have a good day!




    Where did you get that 80k number? You think 80k is good salary for that job, someone else may say 65k, I may say 90k. The salary, among other things, is determined by market forces. If you can't find enough people with xyz then company will be forced to offer more.

    As long as there are people who are ready to work on salary 52k (example), employer will not pay 70k. As long as employer is following all the legal requirements, no one can dictate salary for the job.

    I agree that the employer will pay the salary that is cosummate with the market. No well meaning employer will undercut to save a few pennies at the risk of losing out on quality.
    What if the market pay scales are distorted through pervasive fraud ? If you look at it from an employer's view, it gets murkier. Believe it or not, low cost always signal lower quality. Trust me this is marketing 101. Google low cost and the perceptive signals. It is truly tough for the employer to trust the low cost employee's skillset.

    Now the distortion comes into play when outsourcing companies flout rules and undercut the market through pervasive fraud. Like other industries such as manufacturing/agriculture etc, IT wages are destined to decline but not at this rate. The acceleration in the decline of wages is perpetuated by these scum outsourcing companies. If the decline in wages were let to decline at the speed of market, then it gives talented people time to upgrade skills or move to other industries without having to sacrifice quality of living. So per your argument, yes the end employer is following the rules by employing people from the outsourcing company because the employer does not know or looks the other way of the outsourcing company commiting pervasive fraud. Oh BTW that 80K number was just to highlight that the L1s should be paid high too. It was not based on any scientific or statistical evidence.


    I am a US citizen of Indian origin with background in Computer Science, Finance, and Business Laws. I have been in this country for 11+ years and I have seen so many changes in tech world. Nobody talks of sign-on bonus on H1B anymore. I am dot net architect and I am seeing lot of competition for jobs and this is causing downtrend pressure on salary. But, instead of, blaming someone else for the competition, I am taking it head on. We need to keep working on our skillset and employer will pay the salary. Like they say, for the right candidate salary is not a constraint.

    I agree with you on the above points. You are doing the right thing in not blaming others for the downtrend in salaries. However, you are fundamentally assuming that you would have enough time to upgrade and adapt. What if that assumption falls apart ? What if outsourcign companies hit your employer with people with your skillsets at abysmal prices through fraud ? Today many companies do not look into the long term but make short term decisions. They may prefer the loss in quality for the "immediate" cost savings. It may take time for them to realize their follies. In trading, they say that a trader needs to have enough juice to survive the market irrationality. In a similar vein, if you have the wherewithal to survive the employer's short term irrational decisions, then more power to you.

    Let us not forget our struggling days of H1. The least, we can do, is to encourage our fellow immigrants who are waiting for their green cards.

    That is exactly the reason I am here. I want to encourage the truly deserving. I dont know who the truly deserving are on this board. But they know themselves. My encouragement is for them is to ensure that they dont get bogged psychologically despite being immensely talented.

    .



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  • Law Loving Alien
    08-30 01:38 PM
    Hi,

    I am canadian PR too. My understanding is you have to enter Canada with your Canadian PR within 6 months of getting your Canadian PR. However, you can immedietly come out of Canada and stay out of Canada for upto 3 years.

    The residency requirement to maintain your Canadian PR is to be physically present in Canada for total of 2 years out of 5 years after 1st time you enter Canada in Canadian PR.

    Experts...correct me if I am wrong...





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  • grupak
    02-13 12:24 PM
    For those who do not see the unfairness because of country of origin, here is a scenario:

    Your colleague and friend work in the same company as you, have similar qualification. Both of you apply for the GC around the same time, you get it years maybe decade sooner and can move onto a higher position, maybe better job. Your friend is still stuck at the same position even though he has been a good worker and should have been promoted in an ideal situation.

    We are here not because of our country of origin but because of our employment. So, lets not get into 'us' and 'them'. We are all skilled-employees, and that's what IV represents.

    A system that holds back employees for years because of country of origin instead of job performance is clearly broken. IV is fighting to fix it.

    (1) Increasing the visa numbers and (2) removing/increasing cap is only the solution.



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  • ramus
    07-04 11:06 AM
    When you send any email, subject of the email matters.. If our subject is something like just immigration then I think they will just send automatic reply..

    Let Mecaca work on getting good template/letter that we can use to send it to everybody..

    Thanks.


    I am sick and tired of cookie cutter responses from lawmakers staff. They have a standard template, that starts off with how concerned they are that the immigration system is broken, and their concern for American companies and workers and H-1b.
    Enough of that freaking rubbish....

    Lets send them letters, and specifically ask them
    a) Do you condemn USCIS/DOS behavior, or do you commend it?
    b) Do you sympathise with the plight of the employment based greencard applicants or not?
    Finally, say that their response will be posted on online public forums so that it can be shared with other employment based greencard applicants.





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  • Desertfox
    09-23 04:06 PM
    Nixstor,

    Thanks for the brilliant idea, but I have a question about the draft. Is it really necessary to mention that 20% downpayment clause in there? I am a non-IT (manufacturing) EB3 applicant making half the salary you mentioned in the draft, and I bought a house with a 3% downpayment on a FHA loan. However, I have an excellent credit and I don't foresee myself in a foreclosure situation in the near future. I dont know if there are many GC applicant with my profile, but aren't we helping the housing market by buying a house?

    Anyway, I will support every initiative that has the remotest possibility to remove one person in line ahead of me.



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  • meridiani.planum
    07-26 04:29 AM
    OK, OK, easy with the optimism Vdlrao!:)

    Eb India has almost always got more than its statutory limit in the recent past. So to say that the new developments will give us 20 yrs worth of visas is not correct based on the events of recent years.

    good point. AFAIK only once in the last 8 yaers did EB2 India really get limited to ~3k. Every year it has been nearly 10x that number. Its just htat this has all been formalized now by USCIS. There is no sudden 10X change in visa allocation that people will see...





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  • sumitpendharkar
    06-28 06:08 PM
    Visa Bulletin April 2007
    PD for Other workers category was 01 Oct 2001

    E. VISA AVAILABILITY DURING THE COMING MONTHS

    Employment-based: It is likely that the Employment Third Preference �Other Worker� (EW) category will become unavailable beginning in May.

    Both of these issues are the direct result of low annual limits and very heavy demand for numbers, primarily for adjustment of status cases at Citizenship and Immigration Services Offices.

    Visa Bulletin for May 2007
    PD for Other workers category was U (unavailable)

    E. EMPLOYMENT THIRD PREFERENCE �OTHER WORKER� CATEGORY BECOMES �UNAVAILABLE� FOR MAY

    The Employment Third Preference �Other Worker� category is expected to reach the annual numerical limit during April. As a result, the category will become �Unavailable� beginning in May and will remain so for the remainder of FY-2007.

    Visa Bulletin for June 2007
    PD for Other workers category was 01 Oct 2001

    D. EMPLOYMENT THIRD PREFERENCE �OTHER WORKER� CATEGORY FOR JUNE

    A few �Other Worker� numbers which had been allocated for April were returned unused at the end of the month. As a result, a very small June allocation has been possible, for applicants with priority dates before October 1, 2001. The category will become �Unavailable� once again beginning in July and will remain so for the remainder of FY-2007.


    So the VB does in fact indicate that there is only a "small June allocation" possible.



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  • vrichards
    09-05 12:44 AM
    It seems like YSR was a very evil man. We must celebrate now that he has died.

    Good riddance to bad rubbish.





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  • user1205
    02-12 01:30 PM
    I haven't seen the ROW dates to be current since 2005 when everything got retrogressed (except the crazy thing that happened last summer).

    As far as I know there were A LOT more cases approved in that July fiasco that were from India, I believe the number in June/July was about 3 times the anual quota.

    I know you're probably VERY frustrated because of the ROW move while the India cutoff dates are still in 2001 but please don't start the discussion on ROW vs India/Chiana. It's not helping anybody.
    I agree that country quotas are wrong and the number of GC per year is ridiculous. But getting people to argue against eachother is not a solution. Supporting the legislative/admin changes is (and I know you've done A LOT to make things happen)



    The thing is, as long as there is this per-country quota rationing of green cards, ROW folks will keep moving to the HOV lane and each year, in Oct to Dec timeframe their dates will get current and they will get GCs.



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  • vin13
    09-15 12:41 PM
    Seems like the spill-overs happen at the end of the year which helps dates for India to advance.

    Has the process changed to where the spill-over is calculated and issued every quarter? If not, this could be a possible administrative change that can be proposed by IV.





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  • samay
    07-15 05:18 PM
    Hi there,

    Here is my situation, any help to resolve this is appreciated.
    - My self (primary) & my wife's(derivative) I-485's (PD June 2002) were filed in March 2007.
    - My I-485 was approved in July 2007, my wife's was pending due to NC.
    - My wife's employer filed PERM (PD June 2007) & then filed I-140 in March 2008.
    - We recently contacted NSC regarding my wife's case status, we received a letter from them stating that, her I485 is waiting for I-140 to get approved.

    They linked her new I-140 to her pending I-485 that was filed as derivative.Is this USCIS error?.How to correct this error and have them consider her I-485 application as a derivative application?.

    Thanks for your help.

    [COLOR="Blue"]Your attorney should get in touch with the USCIS.This situation can be sorted out with informing the USCIS. In case you require any assistance please get in touch with me.





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  • mihird
    10-09 03:34 PM
    I too am in the US for 6 years now and because my lawyer insisted on transferring to H1 status from TN before filing the GC (wasted a full year in that waiting for the quota to open up), it has gotten me to this state...

    Overall, I still feel, its cleaner to go from H1 to GC. TN to GC requires careful planning and deeper understanding of the laws. Strictly going by the books though, TN is not a dual intent status, so the road to the GC might get murcky...





    sayantan76
    12-17 04:58 PM
    Is the new Obama Administration going to consider "Instant GC" if we buy a House ? I'm thinking about the huge inventory of vacant house and how many could be bought up by GC holders... Its probably a fraction - Isn't it ?
    At the risk of getting red dots - few critical roadblocks come to mind:

    1. The crisis right now is way beyond housing - its about basic issues like employment, consumption and credit (buying vacant houses does not raise employment) - fundamental issues would need to be addressed first before Govt can do something that even remotely looks and smells like (howsoever untrue it might be) giving preference to immigrants over Americans. Also what happens when renters enmasse vacate apartments and buy houses - it drives rental companies into bankruptcy - so catch 22 - no?

    2. Credit criteria have been made very stringent by banks and lending institutions - so a lot of people may not qualify.......many people are in risk of losing jobs - they may not want to convert their liquid savings into a 20% illiquid (houses dont sell overnight and you cannot convert your investment to cash easily) downpayment towards houses....so not sure how many will actually want to spend that money now.....what if you get ur GC by buying a house and subsequently lose job and cant find alternative job - house cant feed you and the family nor can it pay mortgages.....

    3. Any legislation that goes against principles of natural justice and creates an elite class based on financial criteria is difficult to pass through legislature.....





    breddy2000
    07-29 01:52 PM
    There are 26 E2 for bombay. Delhi data was for July. Assumption will be around 100 for CP for whole of India.

    Are we not supposed to count dependents with the applications? Or does it mean each individual is treated seperately irrespective of being depenedent in CP?



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