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Wednesday, June 29, 2011

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  • gc_dream2009
    01-13 04:08 PM
    Hmm.. so yesterday we were buddies on the other thread (at least you made it out to be for the sake of your arguments) and today I am part of the "enemy" because I am speaking sense and not rhetoric? I think I saw that coming.

    By the way, I don't think you won ANYONE over so far. Keep trying...
    If i remeber correcttly it was all you IV guys (Mostly EB2 and some EB3 too) who were doing all the
    sheriking and teqaring of hair and other stuff.

    To talk like me you donto need to be on smoke, coffee or dope or anything else. All you need is respect for others point of view and courage to stand up for what you beleive and not be intimated by bullies

    My tone was always the same (Albiet i used some strong words in between but that is my fault not yours) and my messages have been the same. If you think about it all you guys who were seeing my messages are now seeing them again and maybe just maybe undwerstanding the intent if not agrreing with me. Which is ok. You cannot win them all.....

    Good Luck To You TOO.





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  • gjoe
    02-16 11:26 PM
    If you want to use AC21 and your current employer is playing dirty tricks like withholding you pay without any legal reason or trying to arm twist you into staying with him please try this following you would win without fail.

    1) Try to negotiate with your employer and make sure you don't compromise on your paid leave balance, last few paychecks and experience letter.
    2) If he is trying to scam you out of as much money as possible before you leave try to preserver all the written communication you had with him to recover your money.
    3) With all that paper work you have enough ammo to get all the money back and shut your bloodsucking employer.
    4) Call the sucker and tell him that you are sending a letter to the USCIS with CC to the president, congressman of your district and your state senator regarding your problem. Add in a couple of news agency names on the CC list just for kicks

    You can never go wrong with this plan, you will get your money back within a few days.

    BTW you can request USCIS to expedite your I485 and quote these kind of employer exploitation as a hardship. ( I never tried this part, who knows you might get your GC ahead of others) I don't know of anyone who has used this successfuly, if you try it please share your experience.

    The plan to get your money works, I have personally tried it. I didn't even send any letters. I just explained him that I will not lose anything even if my GC is denied but the sucker will end up with lots of trouble with USCIS.

    I was trying to build a case to fight ( in the court if required) the sucker but he backed off.





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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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  • sankap
    07-12 11:14 AM
    http://www.nytimes.com/2007/06/27/washington/27points.html?ex=1184385600&en=d3301beecf778d15&ei=5070

    June 27, 2007
    Canada�s Policy on Immigrants Brings Backlog
    By CHRISTOPHER MASON and JULIA PRESTON

    TORONTO, June 26 � With an advanced degree in business management from a university in India and impeccable English, Salman Kureishy is precisely the type of foreigner that Canada�s merit-based immigration system was designed to attract.

    Yet eight years went by from the time Mr. Kureishy passed his first Canadian immigration test until he moved from India to Canada. Then he had to endure nine months of bureaucratic delays before landing a job in his field in March.

    Mr. Kureishy�s experience � and that of Canada�s immigration system � offers a cautionary tale for the United States. Mr. Kureishy came to this country under a system Canada pioneered in the 1960s that favors highly skilled foreigners, by assigning points for education and work experience and accepting those who earn high scores.

    A similar point system for the United States is proposed in the immigration bill that bounced back to life on Tuesday, when the Senate reversed a previous stand and brought the bill back to the floor. The vote did not guarantee passage of the bill, which calls for the biggest changes in immigration law in more than 20 years.

    The point system has helped Canada compete with the United States and other Western powers for highly educated workers, the most coveted immigrants in high-tech and other cutting-edge industries. But in recent years, immigration lawyers and labor market analysts say, the Canadian system has become an immovable beast, with a backlog of more than 800,000 applications and waits of four years or more.

    The system�s bias toward the educated has left some industries crying out for skilled blue-collar workers, especially in western Canada where Alberta�s busy oil fields have generated an economic boom. Studies by the Alberta government show the province could be short by as many as 100,000 workers over the next decade.

    In response, some Canadian employers are sidestepping the point system and relying instead on a program initiated in 1998 that allows provincial governments to hand-pick some immigrant workers, and on temporary foreign-worker permits.

    �The points system is so inflexible,� said Herman Van Reekum, an immigration consultant in Calgary who helps Alberta employers find workers. �We need low-skill workers and trades workers here, and those people have no hope under the points system.�

    Canada accepts about 250,000 immigrants each year, more than doubling the per-capita rate of immigration in the United States, census figures from both countries show. Nearly two-thirds of Canada�s population growth comes from immigrants, according to the 2006 census, compared with the United States, where about 43 percent of the population growth comes from immigration. Approximately half of Canada�s immigrants come through the point system.

    Under Canada�s system, 67 points on a 100-point test is a passing score. In addition to education and work experience, aspiring immigrants earn high points for their command of languages and for being between 21 and 49 years old. In the United States, the Senate bill would grant higher points for advanced education, English proficiency and skills in technology and other fields that are in demand. Lower points would be given for the family ties that have been the basic stepping stones of the American immigration system for four decades.

    Part of the backlog in Canada can be traced to a provision in the Canadian system that allows highly skilled foreigners to apply to immigrate even if they do not have a job offer. Similarly, the Senate bill would not require merit system applicants to have job offers in the United States, although it would grant additional points to those who do.

    Without an employment requirement, Canada has been deluged with applications. In testimony in May before an immigration subcommittee of the United States House of Representatives, Howard Greenberg, an immigration lawyer in Toronto, compared the Canadian system to a bathtub with an open faucet and a clogged drain. �It is not surprising that Canada�s bathtub is overflowing,� Mr. Greenberg said.

    Since applications are not screened first by employers, the government bears the burden and cost of assessing them. The system is often slow to evaluate the foreign education credentials and work experience of new immigrants and to direct them toward employers who need their skills, said Jeffrey Reitz, professor of immigration studies at the University of Toronto.

    The problem has been acute in regulated professions like medicine, where a professional organization, the Medical Council of Canada, reviews foreign credentials of new immigrants. The group has had difficulty assessing how a degree earned in China or India stacks up against a similar degree from a university in Canada or the United States. Frustrated by delays, some doctors and other highly trained immigrants take jobs outside their fields just to make ends meet.

    The sheer size of the Canadian point system, the complexity of its rules and its backlogs make it slow to adjust to shifts in the labor market, like the oil boom in Alberta.

    �I am a university professor, and I can barely figure out the points system,� said Don J. DeVoretz, an economics professor at Simon Fraser University in British Columbia who studies immigration systems. �Lawyers have books that are three feet thick explaining the system.�

    The rush to develop the oil fields in northern Alberta has attracted oil companies from around the world, unleashing a surge of construction. Contractors say that often the only thing holding them back is a shortage of qualified workers.

    Scott Burns, president of Burnco Rock Products in Calgary, a construction materials company with about 1,000 employees, said he had been able to meet his labor needs only by using temporary work permits. Mr. Burns hired 39 Filipinos for jobs in his concrete plants and plans to hire more. He said that many of the temporary workers had critically needed skills, but that they had no hope of immigrating permanently under the federal point system.

    �The system is very much broken,� Mr. Burns said.

    Mr. Kureishy, the immigrant from India, said he was drawn to Canada late in his career by its open society and what appeared to be strong interest in his professional abilities. But even though he waited eight years to immigrate, the equivalent of a doctoral degree in human resources development that he earned from Xavier Labor Relations Institute in India was not evaluated in Canada until he arrived here. During his first six months, Canadian employers had no formal comparison of his credentials to guide them.

    Eventually, Mr. Kureishy, 55, found full-time work in his field, as a program manager assisting foreign professionals at Ryerson University in Toronto. �It was a long process, but I look at myself as fairly resilient,� Mr. Kureishy said.

    He criticized Canada as providing little support to immigrants after they arrived.

    �If you advertised for professors and one comes over and is driving a taxi,� he said, �that�s a problem.�

    Christopher Mason reported from Toronto, and Julia Preston from New York.



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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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  • rahulpaper
    06-27 10:03 PM
    Isn�t the visa number limited to a upper threshold for each EB category for each country...How does these number move around between various countries....doesn�t that mean people from India and China (2 countries with most retrogression and paranoia) are looking at a very small number (~2K-4K) and not 40K in July?

    Can someone comment on this number issue?


    Yes I agree.. But if they don't move date foward then they can't approve those backlog applications.And they don't want to loose 40,000 visas . Now when they made all date current, they can approve all those pending application which are complete and just waiting for date to become current. Now we don't know real number and don't know how long it will take USCIS to do all approvals. But if they approve 40,000 in 2 weeks, I won't be surprised if they make it 'U' like other workers.

    But then question still remains why they made all current. They could have just moved it by year or so.. And I am sure they know how many application they can expect in July.. I already saw some where that we have around more then 80,000 approved perm.. All they going to apply.. And what about all whose labor just got approved fro Backlog centers?

    Its making everybody confused.. But its not in our hand and we can't do anything. Best thing is to file asap and just hope for best and we are always ready for worst..


    Just think if they make date 'U' in middle of july, how many member going to loose money. Each of us spent so much money this month and if nothing happens that we loose all of it.



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  • sri1309
    09-23 05:53 PM
    I am titled towards this idea. We can say its hard to get a mortgage with the status pending..

    But nobody likes my idea ? Premium processing @$10K. I am sure there will many who would like to do it, but based on response I got, I am doubting now.. Anyone who thinks this can be proposed too?

    But pls keep calling on 5882.. I still feel there is a chance..





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  • reddy2cool
    09-23 09:42 AM
    Nixstor: I know how responsible person you are. You must have given lot of thought to this. Even if 20-30% people buy house, that reduces the no of applicants waiting for GC which will make it faster for the people that do not want to buy now for various reasons.

    I fully support this idea. Thanks for bringing such good and justified proposal.


    Definetely a good idea, I completely endorse it. Even for people who arent eligible/dont have money right away- dont you think reducing the line will eventually help all of us. we dont need to jump 100 ft at once (read relief for all) as long as we are able to jump 10ft once without injuring ourself. Also for people cribbing about seperating rich, anywhere in the world i.e the concept after all they are taking huge risk by investing their hard earned money (just like 20% people contribute to 80%of taxes) they need a break somewhere.



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  • kittu1991
    05-01 02:44 PM
    It is a shame India does not act to protect the interests of its citizens even after this news came up.


    Why do you think it is Indian citizens? Just because some politicians are saying so for their own gains all Tamilians in Srilanka are not Indian citizen.

    Heck, even USA is trying harder than India by using its muscle to block billions of dollars of IMF funds to SL for not caring about ceasefire.


    Are you suggesting India should start playing the role of world police as USA.

    LTTE is the one who took the life of our beloved leader Rajiv Gandhi who would have taken India to much high in the world. And why should India protect them.





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  • newtoearth
    05-03 01:51 AM
    ...



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  • STAmisha
    10-04 04:55 PM
    STAmisha,

    Once u sent ur application, did nt u have to go for an interview and then a Physical. Also, I have heard that to get PR stamped onto ur passport, u actually need to physically enter Canada. Kindly confirm?
    I did not have interview. I had my interview waived.

    Once all the processing is complete, they will ask you send you the passports. They will give you PR visas which will be valid untill 1 year from your medicals. You have to land before the visa expiry dates.Once you land in Canada, they will take a Canadian address to send the PR card to you. You can give friends address in Canada.





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  • snram4
    01-24 03:51 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 have been observing JoeF's posts from different threads. I can say for sure he doesn't know what he is talking about. He is just another sadistic person like snram4 on this forum.

    For instance JoeF says "he saw it coming" in reference to this memo. But the fact is, this memo is ILLEGAL. It has no legal base. Please refer to Murthy's latest newsletter. However members on murthy forum as well as you spicy_guy, thinks that JoeF is "knowledgeable". I am surprised to see that people who are here in this country for long believes all the BS that JoeF says.



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  • bestia
    02-14 11:36 AM
    Bestia,

    This is bigotry. Stop using other countries (Sierra Leone or Kongo (spelled Congo FYI) as scapegoats. Obviously, your country isn't so great or you wouldn't be on this forum trying to immigrate to the U.S. Plenty of people do immigrate to the Congo and Sierra Leone FYI...I am not attacking you but it is incredibly insensitive and ridiculous to point to other countries in that way - where are you from that's so perfect?

    I brought African countries not as scapegoats, but as examples of countries not colonized by Europeans. I didn't mean to insult anybody from Sierra Leone or Congo ;) But my point was that if there wouldn't be Europeans - there wouldn't be United States.

    Man... you can't bring some example, not to be accused of something... Come on guys.

    Happy Valentine's Day.





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  • John333
    07-26 05:22 AM
    Dear Attorney,
    I have an approved H1B petition, but was given 221(g) during consular interview due to lack of license to practice my proffession in US. They instructed me to submit the license within one year to stamp the H1B visa.

    Now I am comming to US on a Visitors visa to write the licensing exam and to get licenced.

    I am aware of the aware of possibility of changing status from Visitors visa to H1B after getting licence without leaving US, since I already have an approved
    H1B.
    But I came to know that USCIS will take around 90 days to approve status change from Visitors visa to H1B.

    Kindly clarify whether I can start working for my H1B employer immediately after filing status change with USCIS, or do I need to wait till the approval, to start working.

    Also do I need to include 221(g) I received after my H1B consulate interveiw for the status change application.

    Thank you very much in advance...



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  • chintu25
    09-24 10:16 AM
    Emailed All

    :rolleyes: Whatever works :rolleyes:

    matt_kelly@specter.senate.gov, <lisa_owings@specter.senate.gov BOUNCED





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  • Nikith77
    06-12 06:36 PM
    To be honest, I do agree that the US needs qualified people with skillsets. The real question is "Are the people from the desi consulting companies the real qualified lot ? " Just to get my background details out of the way. I am a new member, from India ofcourse, and I have recently applied for my citizenship. Now with this huge deluge of immigrants, especially from the desi consulting companies, I feel that my quality of life is getting adversely impacted. Do not rush to conclusions that I am anti Indian or anti immigrant. 12 years back when I first got my H1 visa, the requirements to qualify were strict. Staffing companies to a decent extent followed rules and tried to get the best and the brightest. Once the dot com boom started, people from all walks of life entered IT. This was true of not just the Indians but also of people in the US. Soon after the bust, the value proposition from these staffing companies was simply low cost. This is not to blame the staffing companies. They behaved in an economically rational way.

    Consider this scenario. If you run a consulting company, wouldn't you try to maximize your profits by staffing people in projects at the least cost ? This is econmically rational. You wouldn't worry much about the quality of the deliverables and all you would care is to dump as many bodies as possible at the client site or offshore and get the maximum bang for the buck.

    In this scenario, how is it feasible to expect immigrational justice when the bodies themselves dont provide exceptional talent and skills but simply offer low cost ? Now you would be tempted to bring in the analogous case of illegal low skilled immigrants. Remember they are just that - low skilled workers. They dont "steal" the jobs of high skilled workers. But this dumping of IT workforce has completely brought down the standard of living of the IT workers here. To be honest, those who get green cards today would feel the same way five years from now when the next wave of so called "skilled IT immigrants" offer even lower wages and destroy the quality of life.

    In summary, this retrogression is good in a way. The truly best and the brightest would still be employed until their turn for adjournment comes in. Only the weak are currently scared of the delays. I went through the same torrid GC phase after the tech meltdown in 2001. I was not worried of my job then but many people whom I knew got clobbered and were forced to leave. This is the darwinian flush and it will take its toll. Trust me this the bitter truth. If you people still consider that all the people on H1/L1 are part of the best and the brightest, they are WRONG. Only a small % (probably 20%) are the true best and the brightest and a good 50% will be flushed out. Sorry to say this and hey give me the red dots.
    I think you are over confi....... but best of luck to you.



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  • fairman
    08-16 12:26 PM
    .....

    Mamooty.. who is he?
    One Mallu actor ( got national award etc.)





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  • nozerd
    03-20 11:37 AM
    What makes you think we will not file Canadian taxes ? Ofcourse we will file taxes.
    No one is forcing anyonme to apply or move to Canada. Also why compare US and Canada . We are going there because US is not giving GC and we dont want to live in turmoil for years.
    Compare US and Canada only when both options are open for you.

    I will repeat an analogy I had given earlier to describe Canada/USA compare.

    Say you are a pure vegeterian. You go to a restauraunt where you have 2 choices masala dosa and mutton biryani. Lets say the mutton biryani is supposed to be specilaity of that place and is awesome but still the poor veg guy has to choose masals dosa because he has no other choice. Telling him the mutton biryani is excellent is pointless correct !


    As much as I see you guys choosing Canada as an option, I also see you misusing that option. If you really want to select Canada as an option then you are better of moving to Windsor and working in Detroit. If you show a canadian address (that means you are living in canada), you should also pay canadian taxes (based on your US income). Just showing a canadian address is no good if you don't pay canadian taxes.





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  • girishvar
    07-16 10:38 PM
    According to there are 15 pages X 50 Eb-2 India I-485 is pending with priority date before 6/1/2006. If we assume 5% of Eb-2 India is registered with , total visas to be issued in EB-2 for India would be 19000 just upto June 1, 2006. Between June 1, 2006 to July 2007 this number simply more than double. Probably 50% of this 19000 Eb-2's may be processed upto September 30, 2008 leaving another 9500 visas compete for next year. Again 60% of Eb-2 485 is pending with NSC and 40% is pending with TSC. Therefore TSC people's share of I-485 will be more till September compared to NSC Eb-2 India.

    My prediction is EB-2 India will start in October 2008 with April 2004 and in April 2009 it can go back to June 2006.

    Any Legislative relief from congress will make the situation lot better.





    pappu
    07-16 11:07 PM
    Please Sir,

    ....

    MC

    Please do not force the Immigration lawyer to answer your question IV has left it to the lawyer to answer questions they want to. This is a free service for IV members. We are grateful to the lawyer for this help.





    unseenguy
    04-01 01:48 AM
    Why don't you guys go to some 'INDIAN_POLITICAL_VOICE.ORG' forum?

    This is immigration form and people from all over the world are the members.
    Don't spam them.


    Moderators, please delete this thread.

    Has anyone asked you to read this? You clicked on the link yourself. If you are not interested in this thread, why dont you read something else instead of giving a hollow suggestion.