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  • AirWaterandGC
    05-11 09:20 AM
    Thanks cableman.
    If anyone has consulted any lawyer or applied for CA PR once it has expired, your inputs would be greatly appreciated.

    Be honest, I don't know the real answers. You should find a lawyer to discuss this. I just share my thoughts. For your first question. I guess you should have no problem to enter Canada as long as your Maple card is still valid. However, I think when you renew your Maple card, you will have problem. For your second question. I think you can't re-apply PR as long as you still have the PR status. I think you may have to wait until your Maple card expires. I don't know the successful rate of re-applying PR. Enough point is one consideration, your intent to stay will be another consideration. I will be surprised if the immigration officer won't question you why you gave up the last PR status. You must prepare a good answer. Let me put in this way. Consider yourself is the immigration officer, will you question the applicant who gave up the status and re-applied again? Last advice. If you want to keep the PR, you should find a good lawyer to discuss the possibility of explaining to Canadian immigration why you need more time to move to Canada.





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  • hiralal
    06-11 10:34 PM
    your views are correct and analysis looks o.k. too the problem is even the genuine ones get flushed away ..survival of the fittest is not working now at all !!! say a person from worldwide comes in eb3 and say he is just a car mechanic (I know few from south korea who are in this situation) ..they get GC faster than Indian / Chinese EB2 / EB3 applicant (with 10 years experience and good bank balance)
    and Karma means ..do your work / duty and don't worry about results ..we need that ..i.e SEVERAL SMALL Campaigns (since big is not possible now due to members leaving IV / getting dejected that nothing is happening etc etc
    let us not analyze and discuss too much ..we talk a lot and hence the karma that we get is more talk from so called Experts ..lets do numerous small campaigns ..at the very least people will start coming back to IV plus new memberships





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  • ganguteli
    03-27 12:08 PM
    One idiot without giving him name in comments started abusing in Hindi language.
    Dude when you have guts to put comments then put your name in it. So that I know who has issues with my comments to thread.

    And just don't give red " just for the sake of giving it make you feel happy ".

    Must be a guy who is brainwashed by his mullas and hates the world for being unfair to his peaceful religion. I will give you green.

    Narendra Modi is my choice for PM too. See how much peace and prosperity he has brought in Gujarat. We need such strict administrators who work unselfishly for the good of country.





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  • sidbee
    06-17 02:17 PM
    I have heard the opposite. In fact one recent story I heard , was the guy applied in EB1 as International Manager and got his GC in 6 months. Again the company applying is Cognizant.

    Maybe the source u heard from is someone from Cognizant itself or supporter of Cognizant whose trying to cover up and trying make sure that no one reports about their misuse of EB1, so that they can continue to apply in EB1. This is a high possibility. So when you hear such news do not believe it completely.

    Morever H-1Bs are rejected for lot of companies. So cognizant is no exception to that. Regarding the EB-1 GC holders being deported , I find that really hard to believe.

    Its perfectly legal for Cognizant to apply for EB1 for a Manager on L1A. Salary may be peanuts , and that cant be a basis of discrimination.

    I don't even see a misuse, if you job duties are same as what is told to USCIS for L1A, You can easily get a GC in 2 months.

    Which law states, getting GC using EB1 , on L1A is not allowed, In fact it is , and that's why people use it.



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  • rpat1968
    07-04 10:23 AM
    I think we should contact DHS and all government agencies about the USCIS-DOS scam -

    http://www.dhs.gov/xoig/
    (their Mission Statement - To serve as an independent and objective inspection, audit, and investigative body to promote effectiveness, efficiency, and economy in the Department of Homeland Security's programs and operations, and to prevent and detect fraud, abuse, mismanagement, and waste in such programs and operations. )





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  • krisganta
    09-04 10:51 AM
    I agree..admin please delete this thread. This has nothing to do with the immigration issues that we are facing.



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  • voldemar
    04-28 01:16 PM
    so no more labor substitution han? that sounds so sweet to me. we should expect pd movement for eb3 now and maybe for eb2 too now. and this is the best news i have heard in such a long time.
    Not yet. Rule should be published in Federal Register.





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  • gc28262
    01-24 05:16 PM
    If you think Memo is illegal why can't you file a lawsuit. That should be right way. But I did not see any suggestion from any lawyer. But when when July 2007 issue cropped most lawyers rushed to file lawsuit. Now no one even suggesting lawsuit except some members in IV. Either most are not interested or they think no legal basis to contest memo

    I am filing a lawsuit. Want to join me ? :cool:

    Please read this
    MurthyDotCom : H1B Memo on Employer-Employee Relationships and 3rd-Party Placements (http://www.murthy.com/news/n_e-erel.html)

    Read the conclusion. I am sure that won't make you happy.



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  • conchshell
    07-26 05:08 PM
    In the past 4+ years, the annual H1 queue is just 65K. So the input into the EB queue must have moderated quite a bit.

    Another piece of information, supporting your argument. This is posted on immigration-law.com today:

    The DOL has yet to release its 3rd Quarter Performance report ending at the end of June 2008, but the second quarter report indicates that the foreign labor certification applications continuously dropped from the same period in FY 2007 including permanent as well as temporary labor certification applications. PERM applications dropped 46% from the statistics of the second quarter of FY 2007. The report indicates that despite increased audits (over 45%) and related work, the processing times remain steady. Obviously, it must have been affected more by decreased number of new applications than any drastic improvement in processing times in each application. In fact, from the perspectives of each PERM application, the processing times have witnessed a substantial delay over the last one year. The delay which was associated with the massive audit and related activities could have been offset by the substantial drop in the PERM applications in the overall statistical figure in the report. The DOL report did not report the details of the causes for continuing decrease in PERM applications, but this should be taken as an alert to the U.S. businesses as an indication of reduced incentives for the needed foreign workers to remain in the U.S. and potential reduced availability of the talented foreign workers to support the U.S. businesses' competition in the world. Considering the fact that the supply and demand of resources at the international level are not something which can be rebalanced over a night or a short period of time, the political leaders should start paying attention to the urgency of the reform in the employment-based immigration system before it gets too late.





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  • vbkris77
    01-14 06:37 PM
    1. Visa recapture gives 500K visas to EB in total, or about 143K visas on top of 40K visas. So for that year there will be enough to clear the entire existing backlog. Also there will be another 140K visas coming from EB1, another 140k from EB2 will drip down to EB3. So if you count again, it is very beneficial to go after 500K visas than 50K visas.

    2. This DV bill will not see the day of life.. It is dead on arrival.. There is a reason for DV visas and that reason still exists..

    3. IV Core is more involved than we all know.. So I guess throwing mud at them is not fair anytime.. It is not possible to inform every thing to everybody always.. That will remain a fact going forward..

    I totally agree with your point about abuse, I faced it myself while leading some earlier threads.. So either those who are leading the thread need to get over it or stop posting in public forum.. Even IV Core is no exception to issue.. But in this country every one has 1st amendment rights.. I don't think IV can stop it..

    Coming to campaign ideas, IV Coordinator would always like to hear them.. So get in touch with. You can write to her @ ivcoordinator@gmail.com and talk to her..

    Let me tell you one point, if we can't get the government recapture what was wasted by their own delays in processing, we can't do anything else.. Leaving some right wing nuts, everyone else supports this bill.. DV bill has lot of opposition.. So place your bets accordingly..


    You have a valid point about the DV visa bil.. But you forgot one thing, Any immigration bill altering INA will also have recapture attached to it..
    One more point it takes 15K to give a paper ad to say that IV supports this bill.. Do you want to run a campaign for this?? I will convince IV Core if you come even close to that $ number...
    If and when this bill goes for voting on the floor, I think your valid point about giving these immigrant visas to the oldest applicants first until current backlog is eliminated can be considered as a viable amendment/feedback to lawmakers..
    But I wouldn't hold my breath for that day...

    To VBKris77

    Now THATS what i call a solid arguing point and THATS what i call a discussion
    VBKris77 - Please do not think that i am being patronising when i stated what i did above, but all my efforts and abuse taking till now were for this point of time and this reply to my inital post. Infact i was looking for someone to start something in this vein and had to wait till now. Now my faith in my fellow men has been justified (I know that was a bit melodramatic but hey after all the abuses i went through i think i can be just that bit wet in the eyes). You sir have hit the nail on the head. Now when i see your reply i got more questions. If you can clarify this for me i would appreciate it or If you know of any location on this forum where i can look see and get self educated that would be appreciated too

    You have a valid point about the DV visa bil.. But you forgot one thing, Any immigration bill
    altering INA will also have recapture attached to it..
    My point about DV visa to most badly retrograded apps was because they have been the ones who have waited the longest out here. Now if this was recapture or removing country quota i would feel that the regular allocation would be correct. Since this is a one off my peronal feeling was that we could direct the spillover to extra retrograded apps and get some relief there

    My question are -
    Would DV visa to Employment based in any form be considered as an immigration bill
    - What is altering INA
    - So if the DV bill be considered as an immigration bill the idea of IV is that if we can get this into a law the implementation of the 50 k visas will be in the same way as the implementation of recapture bill (So that would be all spill over to EB2 till EB2 is current and then to EB3- And please that was a question for clarification not a jibe as some of the people out here would make it to be).

    One more point it takes 15K to give a paper ad to say that IV supports this bill.. Do you want to run a campaign for this?? I will convince IV Core if you come even close to that $ number...
    Ok to get this straight the money needs to be collected (Campaign is run) and the amount of 15 k be collected before IV will support the campaign. Just getting things in right perspective.

    Tell me something please, would a campaign involve asking every one who comes in to IV forum for donations for the campaign. The reason i ask is because to run a campaign for this effort is a great idea and I have some thoughts on it but most importantly i would need the help of all the members EB2/EB3 (yes even the ones who abused me) because you guys have experience in it.

    My opinion is that if we run a campaign it would have to be with a slogan that if and only if this bill gets passed the DV visas will fall to the badly retrogressed apps first. If we say that the regular recapture way wil be implemented then i think this campaign is a dead duck before even starting.

    I have an idea which might or might not work but i feel that IV needs to start a disclaimer for any campaign which will state that this is the path to be taken (and of course stick with the path) and state that X % is the chance of success and that these specific situations have to occurr for any chance of the bill succeding, I mean like a flow chart and also specific tasks which have to be done by people willing to participate in the campaign. Now i do not know if you (And only you because you talk sense. If any body else want to comment with logic and way to improve they are welcome. Abusers wil be ignored) have got the sense of what i am saying but as a person who is looking at IV from the outside everything i have proposed above is based on certain hard facts which are formed as a result of my deductions by observing IV all these years

    For a campaign
    1. Please do not try and educate a person out here because when you do you gets very high handed. Provide them a tool (Flow charts and all i talked about before) and direct them to a location where they have access to the tool and let them form an opinion based on their self education. That way they will understand what are the 1000's of steps involved in this effort. This will lead to the fact that since the are self educated they know the risk and the percent of success or failure of the effort and when they participate they are fully aware of what are the stakes involved. This also gets to convert all the people out there (to the ones above) who are under the impression that giving money to IV will get the job done and when the job does not get done they start feeling that IV has cheated them and start making assumptions.

    I know that part of what i said will look a lot like what IV was doing. Yes IV when it started was like that but somehow over the years it has become very intolerent and as some members have stated very abusive senior memebers which is very shocking. A personal effort by each and every member of IV to show civilized behaviour and make civilized conversation is a mandatory requirement. In fact (i know i wil get laughed at and ridiculed for this but) a post by each and every donor and senior member taking an oath that no matter what the provocation they will not abuse anyone on the forum will be the first step. This can also be part of new member sign up. And of course IV has the tool in hand to delete any thread they think is determental to their cause so no issues there but i would suggest making an extra effort to find out what the idea behind the person is before deleting the thread.

    If and when this bill goes for voting on the floor, I think your valid point about giving these
    immigrant visas to the oldest applicants first until current backlog is eliminated can be
    considered as a viable amendment/feedback to lawmakers..

    Ok now i am lost. What is the objective of the campaign
    1. Add the provisions to the bill
    OR
    2. Make sure that the bill passes

    Because they are both 2 different things and that brings me to my next point which is clarity of campaign (includingLetters to law makers/ donations etc). Calrity is very important here. There has been a kind of secrecy in IV which is cause of much pain and disturst. Of course i understand why the secrecy was put in first place. It must have been because of all the anti immigrants lurking around but when you think about it if the members are self educated (Like how i stated above) there is no need to inform any updates to them and hence there would be no need for secrecy. A donor forum will of
    course continue as is because some things need to be discussed.

    But I wouldn't hold my breath for that day...
    Sir i never held my breath for this ever. Even though i am not part of IV i am aware of all the probability of success in such endevors
    It was nice discussing the above with you.



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  • drirshad
    07-30 05:24 AM
    http://www.immigration-information.com/forums/showthread.php?t=5766

    posted 07-24 09:59 AM

    Ron Gotcher has some thoughts on India E2 movement over the next two months.

    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.

    Even with a cutoff date in early 2003, the CIS has sufficient inventory of Indian E2 adjustments on file to use up the remaining inventory of E2 visas for this fiscal year. The reason that the Visa Office advanced the priority date is to move it up to the point where overseas consular posts can take up the slack left by the CIS's inability to close out enough cases and avoid wasting visas this year.

    The CIS inventory of pending cases is massive. If there were no quota at all - if everyone were suddenly "current" - and no new cases were filed after today, it would still take the CIS four to five years to close out all of the pending cases that they already have in their inventory.

    Overseas consular posts maintain inventories of cases as well. When the priority date for a particular case starts to edge forward and it appears that the applicant may become "current' in the not too distant future, the applicant is told to submit all required supporting documents to the post or the NVC. When this is done, the applicant is reported to the Visa Office as being "documentarily qualified." This means that the case is in a position where an immigrant visa can be issued to the applicant as soon as a visa number becomes available.

    The inventory of documentarily qualified cases with current priority dates at a consular post never exceeds that post's ability to process all such cases within sixty days. Consular posts have very high bandwidth processing capabilities. No matter how many cases become current, they are able to process all of them within sixty days.

    The reason that the Indian E2 cutoff date has moved forward is that the Visa Office fears that the CIS will not be able to adjudicate enough adjustment of status applications to exhaust the annual quota. They have advanced the cutoff date in order to make more cases overseas eligible for final processing.

    This means that overseas consular posts have exhausted their inventories of Indian E2 cases with priority dates earlier than 2006 and the Visa Office had to move the cutoff date forward in order to make more cases eligible to be closed out.

    This does not mean that the CIS has closed out all of the pre-2006 cases pending in their inventory. Far from it. When the new fiscal year starts, Indian E2 is likely to retrogress back to late 2002 or early 2003. This is roughly the point reached by the CIS in processing their inventory of pending cases.

    Please understand that this is a temporary phenomenon and due entirely to the difference in the processing capabilities of the CIS and the overseas consular posts.

    I hope this clarifies matters.

    Ron Gotcher





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  • glus
    03-19 09:03 PM
    Mr. Janak,
    Do you understand English? First of all, i had mentioned, i am BEING offered, meaning i havent gone for the labor yet and even if i do there will be no buying or selling involved.
    Second of all, i am sick and tired of stereotype Indians like you, who ASSUME everything without knowing anything and come out with your own theories from the bizzarro world [i know, pathetic loosers like to vent at any and every opportunities they get. Spare me your crap, if u dont know anything and cant help, then just stay quiet.]

    Very well said Subst_labor. People like Janak are simply jealous that you had the offer. People like him always will think that you are cheating the system or something like that just because a company offered you a labor substitution. I think that one should not judge such cases, and I am actually happy for all of those who are fortunate enough to receive their green cards sooner because of third factors. Good luck with your Labor subst. I hope the company is OK.

    G



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  • Pineapple
    12-14 03:37 PM
    To summarize the discussions on this thread:

    Yes, it is 7 % for all countries.

    Now it is manifestly obvious that the 7 % figure is arbitrary, and not fair. That much we can all agree on.

    The real question, as raised in the first post of the thread by soljabhai is:

    (A) Is that constitutional?
    (B) (And this is the real question): If it is, what should we do about it?

    Intelligent questions, both.
    The answer to (A) is not clear. We need a competent constitutional expert to opine on the matter.
    For (B), (which is what the thread is really all about), there are lively discussions with differing views.
    lazycis has presented good evidence that the case is not cut and dried legally. It might be unfair, but those are the laws.
    mbartosik, alterego, me and others have argued (from different angles) in terms of pragmatism. (Cost is not worth the benefit)
    garybanz, soljabhai, and others have argued that it is worth it (Cost is worth the benefit).

    Anyway, agree or disagree, its an interesting thread with interesting posts..





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  • soulat
    10-03 11:24 AM
    Hello,

    Firstly, thank you to the attorney for taking the time to answer our questions and to Immigration Voice for facilitating this process.

    Dear attorney,

    Is the "P" visa category considered a dual intent visa category? Meaning can someone on a P visa apply for permanent residency?

    If yes, then is the permanent residency process for a P visa holder the same as someone on an H visa? i.e., get LC, I-140 and then apply for I-485?

    Thank you in advance for your reply.

    Best wishes to you!



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  • punjabi
    07-31 12:23 AM
    Remember? In I-485 form, we have to fill Yes/No answers for questions like - have you ever been convicted of a high crime, did you ever involve yourself as a prostitute, etc. etc.

    Very soon, USCIS will issue an updated I-485 with added questions like:

    a) Have you ever been involved with Quixstar or Amway?
    b) If yes, did you ever get successful in rubbing Quixstar shit on other desi(s) whose I-485s are pending with us?
    c) Did you ever get f****ed up by your Up-line members?
    d) If yes, please provide a notarized documentation on it otherwise you'll see an RFE from us.
    e) Do you feel the urge to ask directions from innocent-looking-desi(s) in malls when your wife is accompanying you as well?
    f) If yes, beware - she might be explaining the Pyramid Scheme in detail to your guy in your absence. (Some of our 485 applicants are really good, no matter how many detours they need to take in order to reach the top of a pyramid. You might be inviting The One into your life in Walmart Aisle # 17. And "your application" will remain pending forever from there on.)





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  • mbawa2574
    02-15 04:03 PM
    u r missing my point..
    Again you are saying it's a SKILL cap. We can agree business may hire whoever they please but don't pretend that they only hire based on SKILL..
    when someone says let business hire the "best and brightest", that's my problem, he implies the best and brightest are concentrated in only two countries so that's what's insane, that's why he won't be taken seriously.
    cheers.

    Who is preventing people of ROW for applying H1b or Green card EB ? Employers look for availability of talent not for country of origin and anyone who competes in the global market wins. If ROW countries have less people with marketable skills or less people who want to work outside their countries,it is not the problem of Chinese or Indians. There is no logic with Employers being forced to wait for visa numbers to comply with diversity. There should be a FIFO system without any country of birth barriers. USCIS wastes more annual visa numbers due to these country caps. Lets make these guys fine tune this immigration system which is actually against the free market capitalist principles of this country.



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  • newtoearth
    05-02 05:35 PM
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  • GCOP
    09-23 01:07 PM
    nixstor,
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    villamonte6100
    02-15 04:37 PM
    Oh and by the way, if people sue and WIN lawsuits for "COFFEE BEING TOO HOT" or the one "McDonalds made me fat" This one has much more credibility

    My friend, I'm not trying to fight you. All I am saying that you cannot file a class action against USCIS because they have not done anything wrong. They are just following the law.

    If you really want to have this change, it is the US congress that you can deal with.

    As I've said, I work for a law firm.

    Why don't ask your immigration lawyer first regarding the "class action" you are talking about.





    lordoftherings
    07-11 06:16 PM
    Guys.. can one of you please suggest a good Canadian PR processing company? I keep getting mails from cr@protechimmigration.com. Is Protech good?

    Would really appreciate a reply.

    Maple International is very good if you are in the west



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