unitednations
02-13 09:07 PM
I am following this discussion and it is interesting. Here is what I get so far.
USCIS is not allotting excess visa number horizontally. Unused visas from Eb1 and EB2 are not going to over subscribed countries but to EB3 ROW. The "total" visas in the law can be read as total visa across all categories. If this is true then it is likely that untill EB3 ROW becomes current, India and China will only get 7%. But here is what I do not get.
1) From november 2005 bulletin, USCIS is saying that they are going to suspend AC21. Why did they decide to suspend ac21? Can they decide on their own when they are going to apply to AC21 and when they are not? Is AC21 not a law?
2) Why or how did USCIS allocate large number of visas to over subscribed countries India and China before? Like in the November bulletin, USCIS says india used up around 44000 visas. Were they allocating more visas by following AC21? If yes, then why did they decide to suspend AC21? If no, then how they allocated so many numbers?
I am trying to understand the how the USCIS decides to allocate visa numbers. And it is very complex.
No; it is not in their discretion to suspend anything.
Before concurrent filing came around (2002); it was pretty easy to calculate dates because the 140's had to be approved. from here they could get good estimates.
However; they weren't ready for concurrent filing and 140's sat for almost one to two years to get approved. It looks like at this time; the visa dates started to get screwed up. Essentially, ac21 law says at anytime there is more demand then supply of visas in any quarter then 7% limit will apply. If you think about this; when would a situation ever exist where there wouldn't be more then 35,000 applications in any quarter?
back in 2003 in one of thos aila liaision minutes; uscis had said that approving 485's for EB people wasn't a priority and they just sat there. Hardly any EB cases got approved back then.
In April 2005 there was over 35,000 EB approvals mainly due to ombudsmen slamming them for not approving the cases. It looks like when all these cases got approved; someone at uscis/dos realized there was a big problem in their handling of visa dates and that there were too many applicants for visas and established dates and then in October 2006 they went strictly by more demand then visas available in a quarter then no ac21 and retrogression.
That's why I say there are also many people walking around with 485's who perhaps shouldn't be; because dos/uscis didn't do it properly in the last few years.
Also, due to the long time it was taking to get labors approved in heavy immigrant states (california, texas, georiga, new jersey, new york, virigina) many people from ROW in these states weren't able to get labors approved. However, many enterprising companies decided they were going to open branch offices in fast processing states (maine, new hampshire, south dakota, wisconsin) and get the labors approved very fast. This is why there is people with 2004 priority dates in eb3 with 485's pending but people in the slow states couldn't file. Now; there is a big convergence of all of this together. We all just happen to have gotten caught in a unique period of time in immigration (245i's; labor backlogs; concurrent filing; expansion of h-1b's, etc.).
USCIS is not allotting excess visa number horizontally. Unused visas from Eb1 and EB2 are not going to over subscribed countries but to EB3 ROW. The "total" visas in the law can be read as total visa across all categories. If this is true then it is likely that untill EB3 ROW becomes current, India and China will only get 7%. But here is what I do not get.
1) From november 2005 bulletin, USCIS is saying that they are going to suspend AC21. Why did they decide to suspend ac21? Can they decide on their own when they are going to apply to AC21 and when they are not? Is AC21 not a law?
2) Why or how did USCIS allocate large number of visas to over subscribed countries India and China before? Like in the November bulletin, USCIS says india used up around 44000 visas. Were they allocating more visas by following AC21? If yes, then why did they decide to suspend AC21? If no, then how they allocated so many numbers?
I am trying to understand the how the USCIS decides to allocate visa numbers. And it is very complex.
No; it is not in their discretion to suspend anything.
Before concurrent filing came around (2002); it was pretty easy to calculate dates because the 140's had to be approved. from here they could get good estimates.
However; they weren't ready for concurrent filing and 140's sat for almost one to two years to get approved. It looks like at this time; the visa dates started to get screwed up. Essentially, ac21 law says at anytime there is more demand then supply of visas in any quarter then 7% limit will apply. If you think about this; when would a situation ever exist where there wouldn't be more then 35,000 applications in any quarter?
back in 2003 in one of thos aila liaision minutes; uscis had said that approving 485's for EB people wasn't a priority and they just sat there. Hardly any EB cases got approved back then.
In April 2005 there was over 35,000 EB approvals mainly due to ombudsmen slamming them for not approving the cases. It looks like when all these cases got approved; someone at uscis/dos realized there was a big problem in their handling of visa dates and that there were too many applicants for visas and established dates and then in October 2006 they went strictly by more demand then visas available in a quarter then no ac21 and retrogression.
That's why I say there are also many people walking around with 485's who perhaps shouldn't be; because dos/uscis didn't do it properly in the last few years.
Also, due to the long time it was taking to get labors approved in heavy immigrant states (california, texas, georiga, new jersey, new york, virigina) many people from ROW in these states weren't able to get labors approved. However, many enterprising companies decided they were going to open branch offices in fast processing states (maine, new hampshire, south dakota, wisconsin) and get the labors approved very fast. This is why there is people with 2004 priority dates in eb3 with 485's pending but people in the slow states couldn't file. Now; there is a big convergence of all of this together. We all just happen to have gotten caught in a unique period of time in immigration (245i's; labor backlogs; concurrent filing; expansion of h-1b's, etc.).
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BharatPremi
12-13 05:15 PM
Isn't there any Indian lawyer who is a member of IV and can give some direction to this discussion?
Yes, some law professional should really enlighten us for this deep waters.
Yes, some law professional should really enlighten us for this deep waters.
mbartosik
02-13 10:56 PM
you cannot sue for incompetence, or the courts would be full!
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Ramba
08-17 03:29 PM
OMG. This useless news prompted for more than 10 pages. This clearly shows how Indians are victimized for cinema. This is a clear example to show popularity in cine field and money can do any thing in India. Millions of people suddenly back SRK. No one has bothered for APJ when he was frisked at Indian Soil. Now, millions of peoples, media, and government are backing this SRK, just for 2 hours interrogation that he faced in the airport. No one has bothered about thousands of innocent muslims they undergo similar checks at US airport, everyday. No one has bothered about some Mur�ali� from India has to wait additional 2 years for his name check to be cleared for his 485 approval. No one has bothered about millions of social security money contributed by H1Bs, that�s not ported to India when they returned.
Why SRK should be superior than other passengers for ICE officers at airport? Is it because he is popular in India or actor or having lot of money? If so, what about other scientists or engineers having more credential than SRK, that undergo similar secondary inspections, if they selected? First, he is not on diplomat visa, to give a proper treatment. If SRK feels that his self-respect was not allowing him for the introgrrogation, he should have not landed in US. After all, like many others, he came to US to fill his wallet on eve of �independence� day. Those who support SRK should learn lessons from US, how US is strict in their rules. Because of this kind of �no exception� policy, they did not experience another 911. In India, if any one says I am the son of MLA or relative of an actor, or if he is a friend of airport manager, then he/she will not get any checks. They can easily pass all the checks.
Why SRK should be superior than other passengers for ICE officers at airport? Is it because he is popular in India or actor or having lot of money? If so, what about other scientists or engineers having more credential than SRK, that undergo similar secondary inspections, if they selected? First, he is not on diplomat visa, to give a proper treatment. If SRK feels that his self-respect was not allowing him for the introgrrogation, he should have not landed in US. After all, like many others, he came to US to fill his wallet on eve of �independence� day. Those who support SRK should learn lessons from US, how US is strict in their rules. Because of this kind of �no exception� policy, they did not experience another 911. In India, if any one says I am the son of MLA or relative of an actor, or if he is a friend of airport manager, then he/she will not get any checks. They can easily pass all the checks.
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krishmunn
06-12 12:20 PM
I wonder what Dilip was doing when he was laid off. An H1 holder is out of status the moment he/she is laid off. So, our brightest Dilip was out of status (aka illegal) during the period he was laid off.
As is said -- illegals have a better chance to get GC then those trying to be legal.
With such friends of prospecting immigrants you sure do not need an anti-immigrant.
As is said -- illegals have a better chance to get GC then those trying to be legal.
With such friends of prospecting immigrants you sure do not need an anti-immigrant.
vkrishn
07-21 02:39 PM
I shouldn't say "Nice to see so many bay area folsk with bad expereience". I should probably use the word Interesting instead of "nice".Sorry about that.
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grupak
12-13 01:40 PM
"Fairness or not is not the issue. Question is can it be challenged in a court? "
--I guess fairness is the issue and that is what you are asking for by challenging the court.
"As an unrelated side note, the current quota system is something that has evolved from past policies some of which was used to restrict citizens of certain countries."
--To some extent,there is truth to what you said. And it is there prerogative. There could be many geopolitical,societal, economic and national security reasons behind who they restrict and who they allow.
The OP was whether the country quota is constitutional. My interest was to find out if the current laws and regulations are violated by the country quota.
As lazycis pointed out, SC seems to uphold the current situation.
I was not looking into arguing in a court whether a particular regulation is fair or not. The law is what it is (what I or you consider fair or unfair is immaterial), question was : Is the law being implemented or not? Seems like it is.
To change the law, we as IV are lobbying and meeting lawmakers already.
Unless a constitutional lawyer says otherwise, I see no reason to pursue the country quota in a court, considering lazycis post.
--I guess fairness is the issue and that is what you are asking for by challenging the court.
"As an unrelated side note, the current quota system is something that has evolved from past policies some of which was used to restrict citizens of certain countries."
--To some extent,there is truth to what you said. And it is there prerogative. There could be many geopolitical,societal, economic and national security reasons behind who they restrict and who they allow.
The OP was whether the country quota is constitutional. My interest was to find out if the current laws and regulations are violated by the country quota.
As lazycis pointed out, SC seems to uphold the current situation.
I was not looking into arguing in a court whether a particular regulation is fair or not. The law is what it is (what I or you consider fair or unfair is immaterial), question was : Is the law being implemented or not? Seems like it is.
To change the law, we as IV are lobbying and meeting lawmakers already.
Unless a constitutional lawyer says otherwise, I see no reason to pursue the country quota in a court, considering lazycis post.
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krishna.ahd
02-14 04:11 PM
Hi Unitednations
I am reading your current and past posts recently.
Seems like you have enough information ( may be insider info also) regarding Retro and Gc process.
What is the practical solution short term and long term , Not what we like to have , i am looking for what should be ??
Out of Goal from IV , what is practically achievable ??
Thanks in advance for your comments
I am reading your current and past posts recently.
Seems like you have enough information ( may be insider info also) regarding Retro and Gc process.
What is the practical solution short term and long term , Not what we like to have , i am looking for what should be ??
Out of Goal from IV , what is practically achievable ??
Thanks in advance for your comments
more...
bfadlia
02-19 02:35 PM
I guess, you still have to answer the question: "How keeping people who are in US, having kids and families, on EAD/AP for years serves the purpose of diversity?"
Ow, I can convince a lot of people, by saying that US government wasted thousands of visas for countries without any country caps. Therefore "diversity" is a lousy and crappy excuse, the real problem is a complete mess, obsolete laws, corruption, and laziness of USCIS.
bestia, USCIS are allowed to use the unused visas from one category in another even if they exceed the quota, they just choose to be inefficient and not do that. If there are excess ROW visas unused, we all strongly support that they be used for other groups.. but decreasing the wait of one group at the expense of increasing the wait of another.. u'll have to lose some people with that direction
Ow, I can convince a lot of people, by saying that US government wasted thousands of visas for countries without any country caps. Therefore "diversity" is a lousy and crappy excuse, the real problem is a complete mess, obsolete laws, corruption, and laziness of USCIS.
bestia, USCIS are allowed to use the unused visas from one category in another even if they exceed the quota, they just choose to be inefficient and not do that. If there are excess ROW visas unused, we all strongly support that they be used for other groups.. but decreasing the wait of one group at the expense of increasing the wait of another.. u'll have to lose some people with that direction
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trramesh
06-01 02:09 PM
Guys,
I have been working here for 9 years and next year we plan to return back to India. I spoke to SSN customer service to find out my retirement and survivor benefits. Being an Indian citizen, all these are available only if me, or my dependants, have a valid residing status with the US, at the time of making the application. The contribution at this point is like getting a right to work. This is outrageous.
We all have been legally invited into this country for a work, and that means the US gov should protect our legal and fair interests. It is universally true that everyone works to protect his family. Now here is a case, where I have no right to my retirement money just because I dont have a legal resident status. Whose fault is this. I already made the application 6 years ago. If my home country does not have the comparable SSN structure, then return the money back? We will pay the taxes and take the money back. Our kids need it.
I dont know what is the appropriate channel to get this fixed. This appears more like human rights violation, or abuse. I am sure there are many in this forum who are in the same boat as I am. Can someone team up with me to do more research or share your discoveries.
To the US, this is what I got to say:
=======================
If you want to protect the jobs for your people, please do it. You have every right. But please dont dump the people you officially invited to augument the workforce of your country into the waters. Before you bring in additional workers to support your companies, do necessary corrections in your immigration policies to let them in only with green card. Dont strangulate their careers. Your existing policies have been burning the aspirations and careers of a lot of innocent people from India and China.
To those innocent legal foreign workers that have already gathered 40 points in SS, you owe them. They deserve citizenship, not green card. I know it is jumping across multitude of issues, but is it not fair.
I have been working here for 9 years and next year we plan to return back to India. I spoke to SSN customer service to find out my retirement and survivor benefits. Being an Indian citizen, all these are available only if me, or my dependants, have a valid residing status with the US, at the time of making the application. The contribution at this point is like getting a right to work. This is outrageous.
We all have been legally invited into this country for a work, and that means the US gov should protect our legal and fair interests. It is universally true that everyone works to protect his family. Now here is a case, where I have no right to my retirement money just because I dont have a legal resident status. Whose fault is this. I already made the application 6 years ago. If my home country does not have the comparable SSN structure, then return the money back? We will pay the taxes and take the money back. Our kids need it.
I dont know what is the appropriate channel to get this fixed. This appears more like human rights violation, or abuse. I am sure there are many in this forum who are in the same boat as I am. Can someone team up with me to do more research or share your discoveries.
To the US, this is what I got to say:
=======================
If you want to protect the jobs for your people, please do it. You have every right. But please dont dump the people you officially invited to augument the workforce of your country into the waters. Before you bring in additional workers to support your companies, do necessary corrections in your immigration policies to let them in only with green card. Dont strangulate their careers. Your existing policies have been burning the aspirations and careers of a lot of innocent people from India and China.
To those innocent legal foreign workers that have already gathered 40 points in SS, you owe them. They deserve citizenship, not green card. I know it is jumping across multitude of issues, but is it not fair.
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HereIComeGC
02-15 12:43 PM
"CLASS ACTION AGAINST USCIS? My god, you have no idea what you're talking about"
Freedom without violence?? Man on the Moon?
Sounds familiar?
You would have said few months back "GC without FBI Namechecks? You have no idea what you are talking about"
You can't win if you don't even try. Simple as that. At the minimum, lawsuit will highlight all the issues in the broken process and get some serious media action.
I myself wanted to have my greencard NOW!!!
Unfortunately, I have to wait until there is a visa available.
Whether there is a shortcoming on their law here, as aliens, we should also respect the law just like their citizens.
Congress is the only one who could make changes to their existing laws and if they can't do it, bad luck to us.
Their hands are tied.
USCIS cannot do anything because they are just following the law.
Class action is a very big thing and I've read alot of responses here as if filing for a class action is like going to walmart and complain about a defective item you just bought.
I'm not a lawyer but I'm working for a law firm which gives me some idea how the legal system works.
CLASS ACTION AGAINST USCIS? My god, you have no idea what you're talking about.
Freedom without violence?? Man on the Moon?
Sounds familiar?
You would have said few months back "GC without FBI Namechecks? You have no idea what you are talking about"
You can't win if you don't even try. Simple as that. At the minimum, lawsuit will highlight all the issues in the broken process and get some serious media action.
I myself wanted to have my greencard NOW!!!
Unfortunately, I have to wait until there is a visa available.
Whether there is a shortcoming on their law here, as aliens, we should also respect the law just like their citizens.
Congress is the only one who could make changes to their existing laws and if they can't do it, bad luck to us.
Their hands are tied.
USCIS cannot do anything because they are just following the law.
Class action is a very big thing and I've read alot of responses here as if filing for a class action is like going to walmart and complain about a defective item you just bought.
I'm not a lawyer but I'm working for a law firm which gives me some idea how the legal system works.
CLASS ACTION AGAINST USCIS? My god, you have no idea what you're talking about.
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chmur
02-13 10:37 PM
Boss, you will realize the importance when you are told that you are NOT ELIGIBLE for a driver license in this country and they will ask you to get a cab to work or WALK to work.
Emotional Bravado Talk is a poor substitute to calm ruthless analysis approach.
Why don't you sue DMV or Michigan congress (if possible).
If the supporters of lawsuit are really enraged as they claim to be then there next post will be detailing their conversations with Rajiv Khanna, hopefully making a case for a lawsuit. They will have to put the down payment of ~600 dollars.
Until then this lawsuit loose talk will remain just that , loose talk . Fit to be dismissed.
Emotional Bravado Talk is a poor substitute to calm ruthless analysis approach.
Why don't you sue DMV or Michigan congress (if possible).
If the supporters of lawsuit are really enraged as they claim to be then there next post will be detailing their conversations with Rajiv Khanna, hopefully making a case for a lawsuit. They will have to put the down payment of ~600 dollars.
Until then this lawsuit loose talk will remain just that , loose talk . Fit to be dismissed.
more...
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WeldonSprings
09-15 02:16 PM
Here is what I researched and found out-
From the data for India
For Permanent applications 2004 => Reduction in Recruitment (EB2 cases)
From 1 April 1004 to 16 August 2004 => 430 appox(All countries)
No data from 17 August 2004 to 28 February 2005.
From 01 March 2005 to 30 September 2005, For Level III- 263 For Level IV-271
= 500 approx.
For 01 October 2005 to March 2006, For Level III- 2500, Level IV-1770
= 4300 approx.
Now, of the GCs approved last Aug.08 and Sept.08 were from the Texas Service Center.
That meant Atlanta Processing Center was the Labor Approval Center.
So, For 01 October 2005 to March 2006
For Level III- 1100, Level IV-770.
So, total left = (2500-1100) + (1770-770) = 1400 + 1100= 2500
Therefore toatl from 01 April 2004 to Mar. 2006=>
430(2004) + 400(mystery number from 16 Aug. 04 to 01 March 2005) + 500(2005) +2500(2006)= 3900 principal applicants.
Multiply by 2 for dependents = 7800 EB2 India pending before Mar. 06.
Please comment on my analysis or feel free to ask questions.
From the data for India
For Permanent applications 2004 => Reduction in Recruitment (EB2 cases)
From 1 April 1004 to 16 August 2004 => 430 appox(All countries)
No data from 17 August 2004 to 28 February 2005.
From 01 March 2005 to 30 September 2005, For Level III- 263 For Level IV-271
= 500 approx.
For 01 October 2005 to March 2006, For Level III- 2500, Level IV-1770
= 4300 approx.
Now, of the GCs approved last Aug.08 and Sept.08 were from the Texas Service Center.
That meant Atlanta Processing Center was the Labor Approval Center.
So, For 01 October 2005 to March 2006
For Level III- 1100, Level IV-770.
So, total left = (2500-1100) + (1770-770) = 1400 + 1100= 2500
Therefore toatl from 01 April 2004 to Mar. 2006=>
430(2004) + 400(mystery number from 16 Aug. 04 to 01 March 2005) + 500(2005) +2500(2006)= 3900 principal applicants.
Multiply by 2 for dependents = 7800 EB2 India pending before Mar. 06.
Please comment on my analysis or feel free to ask questions.
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tikka
07-04 09:28 AM
I meant a scan of the other 100 page thread Breaking news. I did not follow that thread and it has lot of issues. Please summarize them here.
I will add issues from here! thanks
yeah thats what i meant.
the adds on in red are from the other thread....breaking news...
I will add issues from here! thanks
yeah thats what i meant.
the adds on in red are from the other thread....breaking news...
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krishmunn
07-27 03:23 PM
Oh yeahhh..."1099-int" was a rhetorical statement as you mentioned it.
Don't worry I have already done my homework with law offices or CIS, as I had to show all incomes during interviews. Keep on squeaking.
Good to know that a EB 3 spot will soon be freed up when you are deported for your "unauthorized work". I now really wish more people (even EB2) join Amway . We might not need a CIR after all :)
Don't worry I have already done my homework with law offices or CIS, as I had to show all incomes during interviews. Keep on squeaking.
Good to know that a EB 3 spot will soon be freed up when you are deported for your "unauthorized work". I now really wish more people (even EB2) join Amway . We might not need a CIR after all :)
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swo
07-13 02:51 AM
I spent over 20 years in Canada. Fact is, I never EVER waited a month to see a doctor. Not once. Nor has my sister who is still there.
I spent 7 years in Australia. Never had a problem getting a doctor there either. In fact, I will say that it truly is AWESOME there. Great people, great opporunities, good money, incredible lifestyle.
I have spent 7 years in the US. It's a wonderful place with heaps of opportunity. The cost of living is higher than any other place but I accept it because because I like so much about living here. I like the people, I like the weather. I like the countryside and the culture.
You see, for me, there are many great things to be found in all 3 of these places. It's not a contest. There are good and bad aspects to life in any place you chose. In that one area, I agree with you. There are pros and cons that need to be considered. What you choose is a personal decision based on your needs, objectives and desires.
It's that simple.
One last thing. Normally, I'd let this go. After all not everyone's first language is English. But when you start making ludicrous remarks about "illiterate Canadians", and demonstrate in that very same post that you are unable to construct a single decent sentence, well frankly, you're undermining your argument a little.
And by the way, Canada has one of the top literacy rates in the world.
And Do you (canadian wanna be) have any clue that to get respected salary and position you will be forced by illiterate Canadians to have "Professional Engineering Certificates"... It will suck blood out of your body for 5 years... So just do not read "Greener Side" of Canadian Immigration... I know it may not be applicable to all but more or less most of will have to face the same music in their careers. My all Canadian friends and relatives want to be Americans.. Only some of them practically could proceed for that.. After some stage of life it becomes hard to move families.. That is the reason they are facing now to take decision and simultaneously do not want to live in Canada anymore.. If you have 101 fever it will take 1 month to have Doctor's appointment... GST.. Higher taxes.. statistically there are chances "Most of members of this forum - Canadian Wanna Be" will have less promotions and/or increments in salary eventhough they will find themselves most skilled wherever they will work. Top posts would be the dream for most of you guys unless you start your own business.. if you understand what I am trying to tell... In USA it is not that way.... Having said this I can not say that everybody will experience the same what I am trying to portray but most fo them will.
I spent 7 years in Australia. Never had a problem getting a doctor there either. In fact, I will say that it truly is AWESOME there. Great people, great opporunities, good money, incredible lifestyle.
I have spent 7 years in the US. It's a wonderful place with heaps of opportunity. The cost of living is higher than any other place but I accept it because because I like so much about living here. I like the people, I like the weather. I like the countryside and the culture.
You see, for me, there are many great things to be found in all 3 of these places. It's not a contest. There are good and bad aspects to life in any place you chose. In that one area, I agree with you. There are pros and cons that need to be considered. What you choose is a personal decision based on your needs, objectives and desires.
It's that simple.
One last thing. Normally, I'd let this go. After all not everyone's first language is English. But when you start making ludicrous remarks about "illiterate Canadians", and demonstrate in that very same post that you are unable to construct a single decent sentence, well frankly, you're undermining your argument a little.
And by the way, Canada has one of the top literacy rates in the world.
And Do you (canadian wanna be) have any clue that to get respected salary and position you will be forced by illiterate Canadians to have "Professional Engineering Certificates"... It will suck blood out of your body for 5 years... So just do not read "Greener Side" of Canadian Immigration... I know it may not be applicable to all but more or less most of will have to face the same music in their careers. My all Canadian friends and relatives want to be Americans.. Only some of them practically could proceed for that.. After some stage of life it becomes hard to move families.. That is the reason they are facing now to take decision and simultaneously do not want to live in Canada anymore.. If you have 101 fever it will take 1 month to have Doctor's appointment... GST.. Higher taxes.. statistically there are chances "Most of members of this forum - Canadian Wanna Be" will have less promotions and/or increments in salary eventhough they will find themselves most skilled wherever they will work. Top posts would be the dream for most of you guys unless you start your own business.. if you understand what I am trying to tell... In USA it is not that way.... Having said this I can not say that everybody will experience the same what I am trying to portray but most fo them will.
more...
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onemoredesi
06-21 07:39 PM
Hey guys,
I think this issue is being blown out of proportion. Its not that easy to get approved using labor substitution. Recently, I came across a pre approved labor but could not use it..just because the skills that are mentioned and what I work in do not match..
Let us say if my pending labor is filed as a Programmer Analyst with experience in Java, J2EE, etc and the pre approved labor is a VB/ASP position then I cannot use it, even if I fake VB/ASP experience. This is because, my pending applicaiton will be pulled when my I140 is applied and the 2 applications do not match.. That itself will raise a red flag.
People who are using labor substitution needs to be extremely lucky to have found a pre-approved labor in their field of work and with a PD which is current..
My strong opinion is that Labor Substitution is not at all the reason for our problems..My Labor still unapproved is 2003 PD and I did my Master's here but my company did not file my application in eb2..I have been looking for a pre approved labor which is before 2003... came across two, but could not use either of them..
Just my 2 cents!
1MoreDesi
I think this issue is being blown out of proportion. Its not that easy to get approved using labor substitution. Recently, I came across a pre approved labor but could not use it..just because the skills that are mentioned and what I work in do not match..
Let us say if my pending labor is filed as a Programmer Analyst with experience in Java, J2EE, etc and the pre approved labor is a VB/ASP position then I cannot use it, even if I fake VB/ASP experience. This is because, my pending applicaiton will be pulled when my I140 is applied and the 2 applications do not match.. That itself will raise a red flag.
People who are using labor substitution needs to be extremely lucky to have found a pre-approved labor in their field of work and with a PD which is current..
My strong opinion is that Labor Substitution is not at all the reason for our problems..My Labor still unapproved is 2003 PD and I did my Master's here but my company did not file my application in eb2..I have been looking for a pre approved labor which is before 2003... came across two, but could not use either of them..
Just my 2 cents!
1MoreDesi
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sukhwinderd
05-25 12:07 PM
http://www.notcanada.com/
you are much better of in india if you cant get GC in the US.
you are much better of in india if you cant get GC in the US.
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abhijitp
06-28 04:51 PM
Not sure if this has already been posted, if so, pls accept my apologies.
http://www.murthy.com/rumor.html
Rumor : If the USCIS receives too many I-485 Adjustment of Status applications during the month of July 2007, there will be a lottery to decide whose applications will be accepted for processing. This could happen because almost all EB categories became "current" for the month of July 2007. Posted Jun 20, 2007
Clarification : There is no lottery expected for the I-485 cases filed in July 2007. This rumor seems to have originated based on the recent crisis with cap-subject H1B petitions. In that case, the USCIS received more than the annual quota of H1B petitions on the first day of filing for Fiscal Year 2008, which begins October 1, 2007. Therefore, the USCIS accepted cases for processing based on a computer-generated, random selection. The system of H1B cap numbers and the EB visa number limits operate differently.
http://www.murthy.com/rumor.html
Rumor : If the USCIS receives too many I-485 Adjustment of Status applications during the month of July 2007, there will be a lottery to decide whose applications will be accepted for processing. This could happen because almost all EB categories became "current" for the month of July 2007. Posted Jun 20, 2007
Clarification : There is no lottery expected for the I-485 cases filed in July 2007. This rumor seems to have originated based on the recent crisis with cap-subject H1B petitions. In that case, the USCIS received more than the annual quota of H1B petitions on the first day of filing for Fiscal Year 2008, which begins October 1, 2007. Therefore, the USCIS accepted cases for processing based on a computer-generated, random selection. The system of H1B cap numbers and the EB visa number limits operate differently.
gc_on_demand
06-15 01:29 PM
I believe in luck in the GC process. Before 2005 PERM process, many folks applied in states where Labor was fast. They were able to get greencards within a couple of years while others were stuck in Labor Backlog centers (http://immigrationvoice.org/index.php?option=com_content&task=view&id=67&Itemid=50). Some cleared all hurdles and got stuck in namechecks for years. Until 2007 Namecheck was a big scare. (http://immigrationvoice.org/index.php?option=com_content&task=view&id=81&Itemid=61)
Many people could not file in July 07 for various reasons. Some people were born in India but were brought up in other country. Even they are stuck. Some people decided to rise in their careers and changed jobs on H1. While they did rise, but lost in the grreencard PD race.
So definitely luck pays its role.
me and some other people may be lucky individually to get PERM and I 140 get clear just before economy collapsed in early 2008. But now we are facing MASS UNLUCK OF INDIA.
Just kidding..
Many people could not file in July 07 for various reasons. Some people were born in India but were brought up in other country. Even they are stuck. Some people decided to rise in their careers and changed jobs on H1. While they did rise, but lost in the grreencard PD race.
So definitely luck pays its role.
me and some other people may be lucky individually to get PERM and I 140 get clear just before economy collapsed in early 2008. But now we are facing MASS UNLUCK OF INDIA.
Just kidding..
jungalee43
12-17 08:20 AM
Thanks for the update. No need to reveal any more details. At least I know the e-mails that I sent made their way to some one who matters.
We have taken these ideas to executive and legislative branches of the government. Our suggestions/proposals have been taken up at the top most level. This has been discussed more than few times with favorable consideration. Without being able to share the specifics, we have received extremely positive feedback for our suggestions. Specific events have to occur before this and similar ideas could possibly be considered in the new administration.
Thanks,
We have taken these ideas to executive and legislative branches of the government. Our suggestions/proposals have been taken up at the top most level. This has been discussed more than few times with favorable consideration. Without being able to share the specifics, we have received extremely positive feedback for our suggestions. Specific events have to occur before this and similar ideas could possibly be considered in the new administration.
Thanks,