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  • gc28262
    06-15 04:22 PM
    Ivar and group,

    ...............................
    My suggestion here is that let the outsourcers take the hit. They have always benefitted by flouting the rules. If your concern is way too high for your L1 brothers then you would find it prudent to bring in the law that clearly states "Pay high wages for the L1s or dont bring them in here". ..........................................
    dilipcr,

    Please wake up from your dream. No matter how you want it, outsourcing won't go away.

    Outsourcing companies will always provide a lower cost to client as long as dollar is valuable than rupee ( or any other developing world currency).

    They can do this by one of the following ways.

    Use L1s for client site assignments. Some of these maybe illegal. Still they do it. Client is happy, outsourcers are happy.

    Let us say everybody complains to ICE about this and L1 visas are unavailable for outsourcers. Their next strategy is to change the ratio of onsite resources to offshore resources. Again they will offer a cheaper solution to client. For executing a project in onsite/offshore model they don't need all these L1 guys here. They just need a few managers and maybe some team leads. They can execute the project with minumum resources onsite. Company and client wins again. The only reason they place so many resources onsite is to charge the client at dollar rate.

    If US wants to prevent offshoring they have to ban offshoring explicitly. Doing so will go against the WTO rules.

    To summarize, outsourcing cannot be stopped. Salary levels will always go down with time.





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  • snathan
    08-16 11:41 AM
    So shall we strip search Barack Obama or Hillary Clinton on their next visit to India? They can also be accused of bringing something illegal, isnt it?

    Does our people have the balls to do that?





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  • Desertfox
    09-23 04:06 PM
    Nixstor,

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

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





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  • raysaikat
    07-16 09:03 PM
    This whole thread is speculation, your basic assumption itself is wrong. The horizonal spill over is not a permanent policy or trend which will be practised. You should read the INA law clearly. But if this speculation makes you happy, enjoy! :)

    It is a "permanent" policy. There was no change in the law. USCIS was interpreting the law incorrectly. Now they have corrected themselves with the congressional input. This will not change.

    There could of course be a new law and then things might change.



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  • nozerd
    05-11 04:34 PM
    Depends on your income and number of kids. Check http://www.cra-arc.gc.ca/benefits/cctb/faq_payments-e.html for more info. Some details below.

    CCTB: Calculation and payment information
    When are Canada Child Tax Benefit (CCTB) payments made?
    I did not receive my CCTB payment this month. What should I do?
    How do I tell the CRA about my change of address?
    Can I start getting my CCTB payments by direct deposit?
    How do I change my banking information if I receive my payments by direct deposit?
    What happens to CCTB payments if the recipient dies?
    When do we recalculate your CCTB?
    What happens if you owe money for CCTB?
    How are the Canada Child Tax Benefit and the National Child Benefit Supplement calculated?
    What determines the maximum payment for the National Child Benefit Supplement (NCBS)?
    Do the Child Care Expenses that I claim on my 2005 income tax return affect my CCTB?

    --------------------------------------------------------------------------------

    1. When are Canada Child Tax Benefit payments made?
    Benefits are paid over a 12-month period from July of one year to June of the next year. Generally, payments are made on the 20th of each month or, if your annual entitlement is less than $120, we will send it all in one payment on July 20th.

    CCTB and integrated payment* dates

    July 20th, 2006
    August 18th, 2006
    September 20th, 2006
    October 20th, 2006
    November 20th, 2006
    December 13th, 2006
    January 19th, 2007
    February 20th, 2007
    March 20th, 2007
    April 20th, 2007
    May 18th, 2007
    June 20th, 2007

    * Note: Integrated payments include the BC Family Bonus, the New Brunswick Child Tax Benefit, the Newfoundland and Labrador Child Benefit, the Northwest Territories Child Benefit, the Nova Scotia Child Benefit, the Nunavut Child Benefit, the Saskatchewan Child Benefit, and the Yukon Child Benefit.

    The Alberta Family Employment Tax Credit is issued twice a year, in July and January. The payments will be issued on July 27, 2005, and January 27, 2006, for the 2004 base year.

    For more information regarding our benefit programs, please visit the Canada Child Tax Benefit (CCTB) page.

    2. I did not receive my Canada Child Tax Benefit payment this month. What should I do?
    We generally pay your benefit on the 20th of each month. If your payment does not arrive on that day, please wait five working days before calling us at 1-800-387-1193.

    3. How do I tell the CRA about my change of address?
    See How to change your address.


    Top of page4. Can I start getting my Canada Child Tax Benefit (CCTB) payments by direct deposit?
    You can have your CCTB payments deposited directly into your account at a financial institution. To start direct deposit, complete the "Direct deposit" section on Form RC66, Canada Child Tax Benefit Application, or send us a completed Form T1-DD(1), Direct Deposit Request - Individuals. If you get your payments by direct deposit and your banking information changes, send us a completed Form T1-DD(1), Direct Deposit Request - Individuals. You cannot change your banking information by calling us unless you have other CRA products deposited into that same account.

    If for any reason we cannot deposit a payment into your account, we will mail a cheque to you at the address we have on file.

    5. How do I change my banking information if I receive my payments by direct deposit?
    If you get your payments by direct deposit and your banking information changes, send us a completed Form T1-DD(1), Direct Deposit Request - Individuals. You cannot change your banking information by calling us unless you have other CRA products deposited into that same account.

    6. What happens to Canada Child Tax Benefit (CCTB) payments if the recipient dies?
    If an individual dies who was receiving CCTB payments for a child, the child's new caregiver should contact us and give us the date of the recipient's death.

    We may still send out a payment after the date of death because we are not aware of the death. If this happens, please return the payment to us with a brief letter of explanation. See our listing of CRA offices for the one nearest you.

    If you are the surviving spouse or common-law partner of the deceased individual and you lived with that person at the time of his or her death, in most cases you won't have to complete a new CCTB application. If certain requirements have been met, the children will be automatically transferred to your account.

    If you are any other caregiver (such as grandparent or guardian), you will have to complete Form RC66, Canada Child Tax Benefit Application, and send it to us.

    Note
    If you are the new caregiver and the deceased individual was receiving payments under provincial or territorial child benefit programs that we administer, you do not have to apply separately to qualify for these payments. We will use the information from Form RC66 to determine if you are eligible for these programs.


    Top of page7. When do we recalculate your CCTB?
    We will recalculate your benefit and send you a Canada Child Tax Benefit Notice showing our revised calculation:

    every July based on the returns that you and your spouse or common-law partner filed for the previous year;
    after each reassessment of either your or your spouse or common-law partner's return that affects the calculation of your benefit;
    after a child for whom you receive the CCTB turns 18 (the last payment you will receive will be for the month of his or her birthday); and
    after you tell us about changes to your situation that could affect your benefit (see When to contact us about your CCTB).
    8. What happens if you owe money for CCTB?
    If a recalculation shows that you were overpaid CCTB, we will send you a notice to advise you of the balance owing. We may keep all or a portion of future CCTB payments, income tax refunds, or goods and services/harmonized tax credit (GST/HST) credits until the balance is repaid.

    9. How are the Canada Child Tax Benefit and the National Child Benefit Supplement calculated?
    You can use our new online service to get an estimate of your benefits.

    Your CCTB payments for the 12 - month period of July 2006 to June 2007 are calculated using the following information:

    The number of children you have;
    Your province or territory of residence;
    Your 2005 family net income;
    Your or your spouse or common-law partner's claim for child care expenses for 2005; and
    Your child's eligibility for the Child Disability Benefit.
    Basic benefit:

    The basic benefit is $1,255 ($104.58 a month) for each child under age 18 (the basic benefit is different for residents of Alberta, see the note below).
    There is a supplement of $88 ($7.33 a month) for your third and each additional child.
    There is a supplement of $249 ($20.75 a month) for each child who is six years of age. This supplement is reduced by 25% of any amount you or your spouse or common-law partner claimed for child care expenses on your income tax return. Eligible families with children under six years of age will receive the new Universal Child Care Benefit.
    We subtract a benefit reduction from this amount if your family net income is more than $36,378. For a one-child family, the reduction is 2% of the amount of your family net income that is more than $36,378. For families with two or more children, the reduction is 4%.
    Note
    The Alberta provincial government has chosen to vary the amount of the basic benefit that its residents receive. The basic benefit is:

    $1,147 ($95.58 a month) for children under 7;
    $1,225 ($102.08 a month) for children 7 to 11;
    $1,373 ($114.41 a month) for children 12 to 15; and
    $1,452 ($121.00 a month) for children 16 or 17.
    National Child Benefit Supplement (NCBS):

    One-child family: $1,945 a year ($162.08 a month). This amount is reduced by 12.2% of the amount of family net income that is more than $20,435.
    Two-child family: $1,720 a year ($143.33 a month). This amount is reduced by 22.9% of the amount of family net income that is more than $20,435.
    Three-or-more-child family: $1,637 a year ($136.41 a month). The total will be reduced by 33.2% of the amount of family net income that is more than $20,435.
    Note
    If you are on social assistance, the NCBS may affect the amount of your social assistance payments. Many provinces and territories will consider the NCBS you get as income and will adjust your basic social assistance by this amount.




    Thanks for the response. Govt sends a check for each child every month ! Thats too good to be true. How much is the check for.





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  • rsdang1
    08-18 02:48 PM
    Excellent reply.



    Guys,
    In my humble opinion this is the best thing that could have happened!!! I feel bad for Mr. Khan suffering like a common man for a while but his suffering brought to light what we have to deal with every time we travel...

    I think extreme cases bring home the point so I would encourage Indian government and the governments of all the south asian countries to take this up with the USCIS / Home land security and ask them to educate their staff...

    Peace



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  • sajimm
    05-17 08:50 PM
    I would recommend to be very careful if you are considering to use substitution labor. See the quote from http://www.immigration-law.com below.

    04/30/2006: Advisory for Substitution I-140 Filers Either Waiting Decision or On Appeal to AAO or Motion to Reopen/Reconsider

    The DOL is currently finalizing the rule-making process to eliminate the substitution of labor certifications. The proposed rule which has already been published in the federal register has a clause exempting those who obtained the "substitution approved" at the time of the release of the final regulation which they are currently working on. No one can predict the exact date when this final regulation will be published in the federal register.
    Under the current rule, there is no separate procedure for request for substitution of labor certification apart from the filing of I-140 petition for the new employee with the request to withdraw the pending or approved I-140 petition and substitute the alien beneficiary in the new I-140 petition proceeding. The employer's request for withdrawal of the pending I-140 petition or approved I-140 petition for the old employee is filed as part of the new I-140 petition filing on behalf of the new employee for the substitution. Accordingly, in this context, there is no separation decision which is issued by the USCIS for the approval of the substitutuion. The employers learn the approval of the substitution when they receive either denial or approval of the new substitution I-140 petitions.
    Unfortunately, the proposed substitution elimination rule does not elaborate or define "approved substitution." Because of the current USCIS practice making the decision of substitution approval as part of the decision of I-140 petition itself, there is a risk that the DOL and the USCIS may argue that "approved substitution" means "I-140 petition approval." Such interpretation will lead to devastating consequences to the aliens who's I-140 petition will be pending or on appeal to the AAO on other legal issues such as the employer's financial ability to pay the proffered wage at the time of release of the "final regulation" in that all these I-140 petitions will have to be denied because of elimination of the substitution. The damage will mount in the situation of concurrent I-140 and I-485 applications for the alien employees and their family members.
    It is thus prudent that the people whose substitution I-140 petitions are still pending consult their legal counsels to discuss strategies or options to avoid the potential deadly consequences





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  • bostonian28
    06-01 09:00 PM
    Somehow we need to include citizenship in the mix, i.e. citizenship for some one who contributed Social security and medicare for 10 years, only than would politicians be interested because these numbers could potential convert into votes. That is what politicians all over the world care about.

    Basically message is, this is a reasonably big chunk of your vote bank, you can support them and gain their loyalty.



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  • 485Mbe4001
    06-01 02:26 PM
    Generic lawsuits are not the answer. We should use the above information when we talk to the lawmakes and also use this as rebuttal to the anti's. Lets focus on recapture, venting is not going to help, lawsuits will only help make the lawyers richer(just look at the houses and cars of immigration lawyers ;))

    SSA depends on different countries. People from Mexico and Sweden for example will not have this issue. India does not have a treaty with the US.

    The only solution , to all our problems, is a LAWSUIT.
    The earlier some one has the balls to do it , the better it is.





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  • bayarea07
    07-22 12:18 AM
    Here is the response i see in Greg Siskind Blog
    -----------------------------------------------------
    Hi Ash - Hard to say. Clearly, the jump in EB-2 numbers this month was meant to try and ensure that the maximum visa numbers get used this fiscal year. If USCIS is still far off from using the numbers, then I could see the dates going current. Then, of course, you have new numbers available for October so the dates may move forward anyway.



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  • greencard_fever
    07-25 11:44 AM
    EB2 India/China BECOMING CURRENT IN THE NEAR FUTURE IS INEVITABLE.

    vdlrao i really appreciate you analysis and confidence on feature of EB2..can i know your category and nationality?:D





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  • lazycis
    02-13 12:03 PM
    Lawsuits do work. Apparently nobody checked the links I posted on page 1 so here are a few examples:

    USCIS Settlement Notices and Agreements

    American Baptist Churches v. Thornburgh (ABC) Settlement Agreement

    Barahona-Gomez v Ashcroft

    CSS

    LULAC (Newman)

    Ngwanyia v Gonzalez (Asylee Adjustment Case)

    Notice of Proposed Settlement Agreement and Hearing in Kaplan, Et Al. v. Chertoff, Et Al., Civil Action No. 06-5304 in U.S. District Court for the Eastern District of Pennsylvania

    Notice to Persons Whose Naturalization Applications Were Denied by the Seattle, Spokane or Yakima Immigration Service

    Proyecto San Pablo v INS

    Ramos v Chertoff (02 C 8266, Northern District, Illinois)

    Walters v Reno


    Settlement Agreement Signed! Details available by clicking here. --2/9/05
    IMPLEMENTATION OF NGWANYIA (ASYLEE ADJUSTMENT CASE) SETTLEMENT AGREEMENT Ngwanyia v. Gonzales, No. 02-502 (RHK) (D. Minn).
    If you were granted asylum in the United States and have a pending application for adjustment of status, this settlement applies to you. Please refer to http://www.uscis.gov/files/article/NgwanyiaVGonzales.PDF In recent years immigration law had allowed only 10, 000 asylees per year to adjust their status to Lawful Permanent Residents. Under the settlement agreement, United States Citizenship and Immigration Services (USCIS) will process an additional 31,000 asylee adjustments during the next three years. During fiscal year 2005, ending September 30, 2005, USCIS will process 8,000 of the additional 31,000, bringing the total number adjusted for the year to 18,000. USCIS will process at least 8,000 of the 31,000 during fiscal year 2006, (October 1, 2005 to September 30, 2006) with the remaining additional applications being processed in fiscal year 2007 (October 1, 2006 to September 30, 2007). The settlement also provides that asylees who have a pending application for adjustment of status may renew their employment authorization document (EAD) by requesting a multi-year EAD with a validity of up to five years. The multi-year EAD must be prepaid for the number of years requested. The cost of the multi-year EAD will be less than the cost of annual renewals by at least $20 per year. A requests for a fee waiver, if applicable, may be made pursuant to 8 C.F.R. � 103.7(c) Cost of multi-year EAD: 1 year card - $175.00 2 year card - $330.00 3 year card - $485.00



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  • TeddyKoochu
    07-22 12:49 PM
    I had green dots till yesterday, but after posting fun stuff on this thread people gave me red dots..... why is that? This tread has zero value, it is like Santa singh jokes.

    Looks like people are so serious in their life that they cannot understand difference between fun and real stuff...

    This thread was for fun so I posted funny things....pls don't give me red for this

    Thanks Rohan, Iam glad that we clarified the mis-understanding and that I have not lost a good friend due to some confusion. I have not given any red dots for any of your posts rest assured.





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  • nozerd
    05-11 10:21 PM
    A Canadian PR has the right to enter Canada (as opposed to a US PR who does not have the right and can be denied entrance by INS).
    If you have not met 2 in 5 yr obligation Canadian Immigration will question you but let you in. They will give you a date on which you will have a court date with Immigration judge. Then its up to judge and you. You will have to give good reason why you were out ( waiting for US GC is not a good reason ).

    Dont know about the reapplying part. Never heard of anyone having done it.



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  • weasley
    09-23 06:44 PM
    I completely agree with this. USCIS has better date than prior years. PD for October is Jan 2005,the numbers available for first quarter is 750 (approx) and around 700 I485s are in Jan 2005. We will know in Dec whether quarterly spill happens or not.

    The key difference compared to last year is Pre-Adjudication and improved communication between DOS and USCIS.
    .





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  • snathan
    08-16 06:06 PM
    Its just highlighting the profiling because of name of religion or skin color. I agree world is not going to end but Indians need to be assertive to protect their own dignity.

    In that case we have to do it everyday...not only when SRk was detained. are you doing that...no. Why?



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  • a.j.2048
    03-27 12:46 PM
    I wish India allows absentee ballot.

    The way things are right now, as NRIs, we can't even register ourselves in the electoral rolls even if we want to plan a trip to India to conincide with election time.

    You can register to vote as long as you have a permanent address in India, which is pretty much anyone except a US citizen. Voting itself is inconvenient as you have to travel to your constituency for that.





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  • senthil1
    06-26 01:35 PM
    The main reason for this kind of fear is many people waited more than 5 years and PD was moving 2 weeks per 3 months. Suddenly PD become current everyone could not believe themselves and still Skeptical about it. This kind of PD movements happened many times in past. This kind of fear is unneccessary and try to file I485 ASAP to get earliest Receipt date.

    Logiclife,

    All I am saying is, the DOS or USCIS can be unpredictible at times. I know TECHNICALLY there is NO way the July bulletin can retrogress IN JULY. However I would NOT be surprised if that happens. Coz this suddenly creates a FLOOD of Ead applications and AP applications not to mention Finger printing.





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  • kris101
    07-03 04:25 PM
    Hi Forum,

    I have come to USA last year and was getting paid consistently till May31. Now, on July 2nd new employer (not a desi, but a big company) applied for transfer on premium processing. I'm continuing with my old employer, and they are marketing me, and have all such emails. Just wanted to know whether the paystub will be an issue for transfer? And how soon can I join them, and what is the risk if I join them now, before I wait for response from INS?

    Any response in this regard will be highly appreciated.





    smuggymba
    01-14 08:58 AM
    There was a huge discussion during the presedential campaign on why Obama is a great choice...but looks like he is just another socialist democrat. John Mccain would have been a better choice, but we can't control this so best of luck to all. There are plenty of jobs in other countries including india. not the end of world.





    msyedy
    01-26 11:20 AM
    Thanks Pappu. Is this called Labour substitution? I don't know that term.Any input regarding this is greatly appreciated.

    Labor substitution is not encouraged by INS any more, but is still possible.
    Use the old labor and file for premium I-140. If approved you can use that priority date.

    Simple as that, premium result will be in 15 days.

    Best of luck.... Though I dont encourage this, and I am against this because people are just moving ahead which is not a fair.

    But nowadays.with this retrogression and we fighting for our provisions I have become more stable and want any of my efforts to help anyone and this is making me happy/