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  • gcisadawg
    07-17 12:09 PM
    DOS (or any government agency for that matter) cannot interpert the law differently for each year. One law and one interpretation. It can't follow the different set of rules when implementing the law each year. Initally, INA was designed to follow vertical spill over (diversity was important than preference catagory). But, AC21 law ameneded the INA to force the DOS to implement horizontal spill over (preference catagory is important than diversity). However, DOS was still follwing verical spill over evenafter the AC21 act till 2006. If DOS followd the law correctly, EB2-I and Ch would have never been retrogressed since 2005. Lucky for DOS, no one has challanged the DOS. Now they realized the mistake and follow the law correctly. They follw this till if congress changes the law.

    Yes, horizontal spill-over gives preference to EB Category. But the vertical spillover didnt promote diversity. It just ensured that the applicant with the oldest PD was allotted the first available spill-over visa number irrespective of his EB category or country of origin. This just ensured that someone doesnt wait too long. as you know, most of the vertical spillovers were consumed by EB3-India and china. Then, how can it promote diversity.

    to make it simple, here is my understanding

    Vertical spill over --> PD precedes EB category and Country of Origin
    Horizontal spill over --> EB Category precedes PD and country of origin.

    Thanks,
    gcisadawg





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  • lazycis
    02-13 05:04 PM
    See extract from Ombudsman's report
    http://www.dhs.gov/xlibrary/assets/cisomb_annualrpt07__June_11_2007_section3e_untimel yprocessing.pdf

    218,759 visas are available for recapture and those numbers were lost due to systematic agency delays and bad policies (i.e. name check).





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  • mkumar
    05-11 08:50 PM
    Wrong! Stop assuming dude. People are here because they need the Green Card. We don't take an oath to renounce loyalties when we get it. Of course your intention is clear and I am thankful that we Indians don't need to count on you. Of course, its interesting that you are quite happy being a US Citizen when it's the US which has called the LTTE a terrorist organization. Hmm, I hope you did your research. Anyway, too late. We don't need you anymore in India and like I said earlier, good riddance. All the best!

    Thanks for being the self-designated, unpaid spokesperson for "we indians" and keeping track of accountable indians :)





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  • sc3
    09-23 04:16 PM
    Did it occur for a single moment that if some one gets out of the line, the line gets shorter? F Y I, This is NOT about me. This is about every one here. I did not dream of this situation which directly favors some one today. Simply, Not many folks knew it was going to be this bad. Folks who knew, kept quiet telling people that its NOT that bad. There is NOT going to be a single solution that benefits every one involved here. Let it be recapture, country limits or advanced degree exemption. Choice is (y)ours. We can decide to be the frogs in the well and pull the next frog down or we can work on making this pitch which can be palatable to sensible people, who understand the magnanimity of the situation


    I am sorry, but ends do not justify the means. By calling people frogs in a well trying to pull down others, you are shutting down valid arguments and concerns.

    If the only mentality is that if one gets out of line, the line gets shorter, there are various ways to achieve it (For example: just go on a killing spree targeting all EB applicants). We need something that is acceptable to both the politicians and the immigrants.



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  • sargon
    03-28 01:45 AM
    What is the relevance of such long boring rant on an immigration website? What's worse, its not even your original composition. Just some cut and paste from other websites. Cease and desist from such behavior.

    http://news.rediff.com/column/2009/mar/27/guest-column-tarun-vijay-on-dynasty-and-the-varun-effect.htm
    ...

    And then they say, they are the future of India.





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  • hpandey
    07-21 11:42 AM
    My desi neighbor told me about it recently. What are your experience with Amway Quickstar. Have you guys made money from it?

    Looks like you are too new to the US not to know about the Amway scam artists ..

    Remember if you join even your friends will become your enemies :D

    They are like leeaches .. very hard to get rid off.



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  • eb3_2004
    02-14 03:28 PM
    Here is my 2 cents on this

    Lets say the interested muster around plaintiffs and sue USCIS. Also, The court agrees that USCIS did not do its duty. Will the court go to the extent of ruling over INA which clearly says that unused visa numbers cannot be recaptured? Will the courts/judicial system set such a precedent where they will go against law just because the agency failed to implement it correctly? I don't think they will set such a precedent by overruling against the law set up by congress and the President who signed it. By long shot, Can the court recommend congress to fix the situation by changing the law and by allowing recapture? Possibly. Does that help and fix our issue?

    If lawsuit/court cannot make USCIS use the numbers, how can USCIS admin fix do this?.. I am not fighting here (I sent my letters already!!!)...this just came to my mind...





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  • Picasa
    07-27 03:27 PM
    Lets see how much money you have donated. Please provide details and then we will compare.
    As far as action items are concerned... Here is the latest example:

    I have just send the email regarding EAD issues...Did you send the email?

    Also as requested by one of the member, give your mailing address so that CIS can be notified.:D

    I have been donating more money to IV over 4 years then you do, and will keep on doing. Do you?
    There are lot of action items to meeting lawmakers. Why don't get your focus on that?



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  • another one
    09-23 06:22 PM
    if you haven't realized it so far ... you must have been sleeping or not watching television!

    the day this becomes law..it would be better for all of us go home, bcos tht means lawmakers are ready to do anything to get some money and they know this country has gone down beyond repair.
    and the day it becomes law..i am sure the situation in this country will be so bad tht most of us wont even have jobs at tht time.





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  • kumarc123
    07-25 12:25 PM
    I agree with vdlrao completely. The horizontal spill over rule essentially gives all EB1/EB2 visa to EB2's. This will make the EB2 cutoff dates leap and bounce forward. For EB3, however, there won't be any spill over data until EB2 become all current.

    In Oppennheimer's reply to Ron Gotcher's question, he mentioned that the horizontal rule was set after he 'had consulation with the congress', so it's very unlikely to have any change to this rule till some legislation changes take place.

    I agree with you 100%, this change was made by Congress in attempt to reduce the backlog.

    Think about it in terms of Congress, it was under a lot of pressure from high skilled workers and from companies like Google and Bill gates who argued for more number of visas. No offense to any EB3 category, but we all know, EB2 are the ones which have earned a higher skilled education from this country.

    (Now please don't start any debates on EB2 or EB3, I didn't make any distinctions and it has no relevance.)

    For Congress to somehow act, they made the change in movement of visa numbers, and geared more towards EB1/EB2, to reduce the backlog among EB2 category. This will eventually lead to roll over of visa numbers from EB2 to EB3.

    Advantage? High skilled workers who have attained a Masters degree from
    U.S., now will see a reduce in backlog.

    This recent change in the flow of visa numbers, acknowledges all these problems. We all know, who ever takes over the next presidential elections, will not issue something right away, it will take a few months.

    This change buys time and greatly reduces the backlog among EB2, eventually for Eb3 as well. The new process makes much more sense and I don't think this change will revert to its original movement (back to vertical flow)



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  • newtoearth
    05-02 05:35 PM
    ...





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  • newtoearth
    05-03 01:30 AM
    ....



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  • Kushal
    07-27 12:35 AM
    My desi neighbor told me about it recently. What are your experience with Amway Quickstar. Have you guys made money from it?

    Its like asking an anti-immigrant, what you think about legal/illegal immigration?

    I guess you would get better idea if you call up Amway corporation or FTC and find out. And not from other who spend their time flipping channels and burping beer.
    As far as I know there are people from US Army, NASA scientists, NFL players, pastors etc.....from different background are very successfully building the franchise business. No wonder they are growing $1.2 billion dollars every year since 1950.
    Of course is not for everyone; its only for people who know the power of free enterprise on which this country is built on.

    Question is whether it will work for you? Your families finances are decided by you, and not by any other people. If you do take advice from other, then you will be flipping channels and burping beer too, and it takes one big financial hit to wipe you off the slate.





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  • JazzByTheBay
    12-13 05:54 PM
    ...actually makes sense...

    jazz

    When an argument is held in the Supreme Court you often hear the justices asking "What if" type questions, some of them verge on being narrow circumstances, but to declare something unconstitutional can have a wide impact and is a fundamental, so it should account for odd circumstances too.

    So here goes a potential set of arguments:

    Q> What if the Congress was unable to discriminate in other categories of immigration based on nation of birth? Would that mean that in time of war, immigrants would have to be admitted from a country with whom we were at war?

    Q> Would Congress no longer be permitted to try to balance the ethnic makeup of the country?

    I agree it is unfair on individuals, on groups, and it does smell, but I doubt that it is unconstitutional. I take the pragmatic view in my prior post on this thread (many posts back).

    Extending my pragmatic view:

    Even if it were found to be unconstitutional, then Congress can always amend the constitution, and if a Supreme Court ruling affected more than just EB category, then I would not be surprised to see an amendment. Then the only advantage would be to draw attention to the issue. But you know that the anti's would just make the argument --- "Look the evil immigrants are trying to write our immigration policy", and that would be an easy argument to make so then we would see something more restrictive in the end.

    So even if we won, we would likely loss.

    Just being pragmatic.

    (I'm not a lawyer - and my H1B enforces this)



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  • vdlrao
    07-24 09:20 PM
    The July 2008 Visa Bulletin has said Exactly the same, but in different words, what I have been saying for the past few months about the EB2-India and EB3-India Movements.

    EB2 India will move very fast till 01 JAN 06 as because based on June 2007 bulletin, just before the july fiasco,( http://travel.state.gov/visa/frvi/bulletin/bulletin_3236.html ) the PD for China is 01 JAN 06. That means in EB2 Category except India and China every other country is current. So till India reaches 01 JAN 06 PD in EB2, all the spill overs will be moved to EB2 India,because the spill overs will be alloted based on the priority of old PD(Priority Date). By the time India EB2 reaches 01 JAN 06, China PD in EB2 will move further from 01 JAN 06 by using its 7% quota. So Inidia PD for EB2 again moves fast till that changed China PD using the spill overs. After that India and China will share the spill overs based on the PD priority. All this happens if and only if the USCIS works effectively and uses all the available visa numbers for the present fiscal year. My prediction for EB2 India PD is it touch 2005 /even cross few months in 2005 by the end of this year if USCIS works effectively.


    For all Eb3s along with EB2s with PD after April 2005, the movement in the coming visa bulletins wont be much encoraging unless the new Obama government does something significant about employent based category or immigrationvoice does a fruitful lobbying. The doings of something by obama government to employment based category is not in our hands. The only thing we could do is to help IV and help ourrselves by contributing to it to reach its financial target for better lobbying. Or else wait for the Visa Bulletin every month with great hopes, sorry dreams, for your PD to become current, and satisfy with your EADs for years ahead.


    Please find the earlier post about Eb2 India and EB3 India movement on Jun 10th 2008 and the comments of our members.
    http://immigrationvoice.org/forum/showthread.php?t=4285&highlight=vdlrao&page=102





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  • micofrost
    03-27 05:18 PM
    Imaginne this, we get a fast trak citizenship process to Bill Clinton. Anyway, we Indians luv him so much, more than his wife or daughter would to him.

    And he will definitely win, make him the PM. With Obama in US and Bill Clinton from India, we can defintely lobby for our GCs and then India-US, will be new bhai-bhai....



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  • ns007
    04-28 10:29 PM
    Administrator,

    There is an another thread on the same topic. Please merge both threads.

    Sorry, I didn't see that thread before opening this.





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  • okuzmin
    05-09 01:37 PM
    hasanuic, check this page before you send your RPRF fee:

    http://geo.international.gc.ca/can-am/main/visas/fee_schedule_us_dollars-en.asp

    We just sent the last requested docs a week ago to the Consulate, and I used this page to get a money order with our RPRF fees.





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  • STAmisha
    10-03 04:45 PM
    I plan to do it Myself, need some help & suggestion

    1. Do we need get our education evaluation done, i am from india with Bsc +Msc(physic) +PGDCA.Will they

    consider degree from India as valid with any evaluations.

    No educational evaluations are necessary. Provide them ORIGINAL transcripts and notarised copies of your degree certificates

    2.For experience what i plan to do is give notarized copies of experience letter,paystubbs. Probably lot

    of paystubs so that it looks complete, appointment letter, W2 forms.

    This should be sufficient. Provide a copy of resume too

    3. Bank statements

    Provide bank statements for the last 3 months.

    4.Mariage certificate + Birth related documents (notarized)



    5. IF some of you can share some Formats which you guys have used to write letter to CIC so that you
    get waivered of you English test.

    Write them a letter saying that you were educated in English and you are proficient inEnglish. They dont care for IELTS if you apply for US.


    Good Luck.It is straightforward and easy





    thomachan72
    08-19 08:27 AM
    By the way Mccaid, next time someone from Indonesia experiences such an issue please also make a thread here and whine about it like we did. Atleast that will make us Indians realize that SRK BS is really BS!!! because we will have no idea about the person who you will be whining about and there will be a lot of indians who will shout at you saying "why is this thread even on IV???? who is this person that Mccaid is whining about???This thing happened to even the great SRK so why this whining???:D:D:D
    If this happened to our prime minister Manmohan singh, I belive he would have just laughed. He would not have said "I am MM singh". The bottom line is there are certain rules and regulations and everybody (including SRK) is subject to them. Next time SRK travels he should consider carrying all the CDs of his movies with him to prove his "greatness".





    nozerd
    05-11 09:12 AM
    Folks,
    I just got back from Canada yesterday. I am a PR holder landed in 2005. I had gone for my 8-11 yrs H1 stamping. Needless to say this trip I was very vigilant and observant about Toronto. Here are some thoughts.

    1) When you enter Canada they will ask you to fill a customs/immigration form. On the form one question that is asked is " When were you last in Canada" also the form asks for your "current permanant address". So in my case I was last in Canada in May 2005 and I entered last week it aroused suspision. The officer asked me if I was within 2 to 5 yr room. I told him I was and I was using this trip to plan for our move. So after some questioning he let me in. I guess if that date was March 2007 instead of 2005 he may not have questioned me as much.

    2) As far as lifestyle and products there is no products not available there. Every food item and consumer good is available in Canada. The grocery stores and their shelves look the same. Since the population is low most iotems are made in US and imported. Only way to know its a Canadian market is because by law all products need to be marked in English and French.

    3) Malls etc are the same as US. Eaton Center or Vaughn Mills is no different then The Galleria or Katy Mills in Houston.

    4) Housing is what you pay for it. It is definitely more expensive than Texas and Southern US but cheaper than California or NY. Rents are cheaper in run down areas and expensive in good areas ( duh !). In a major commercial area in a middle class building I was quoted $ 1000 for a bachelor and $ 1,200 for a 1 bedroom apt but this was all bills paid.

    5) Jobs are fewer than US. Best thing to do is take a transfer with your company if they have offices there ( I know of 4 ppl who have done that). Basically if you have a US, Canadian or UK education you will be fine but iof your education is purely from India you may have a tougher time. A good option is to find a job in a border city and commute daily ( Windsor/Detroit or Foret Erie/Buffalo). I think this is a very good option if you can get a job in Detroit or Buffalo.

    6) Taxes are high. I was told by many that whatever taxes you pay in US double them. Sales tax is 15% in ON where it is 8% in TX. Income tax is also higher. Higher taxes are a fact of life in Canada (no ifs ands or buts). In return you have a country where there is no fiscal or budgetary deficit and a very well funded social security system ( unlike US). You also have benefits like 9 months paid maternity leave, a pmt every month for every child you have and medical benefits.

    7) Awesome public transport system. Gas is $ 1.04 or so a litrer when I was there. Insurance is expensivbe but not topo bad if you have a US license and good solid 5 yr US driving record. However its ridiculously high for non US or European immigrants.

    So bottom line Canada is not US and comparing it to US is not fair. However its the closesnt to the US you will get in any other country. Its everyones personal decision and no one forces anyone to apply or mopve there. One could always takje a vacation/leave of absense and go try for a job there. Or else work in detroit/buffalo. Now detroit/buffalo is in US can you find job there ??????? or are they doomed too because of proximity to Canada:rolleyes:



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