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  • eager_immi
    07-12 12:08 PM
    No one is naive to know Canada is not oozing with opportunity. But since people are sick of the US and it's immigration policy Canada is an option for some especially ones who don't care to go back to India. No country is an option for all neither is USA.


    It seems after reading all this that canada maynot be for all aspirants. You need to know somebody already there and should have strong family ties before you land. Or better get a job offer from a company first or acceptance offer from an university if you want to enter as a student.

    Just my thoughts.....

    lotr





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  • lskreddy
    04-22 06:36 PM
    Check your messages Suresh. Thanks.





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  • grupak
    02-13 08:51 PM
    Easy now!!! Simmer down.....

    Its just that every time the VB comes out, we get a lot of posts from folks from India/China who want to remove country limits. And they talk about only removing the country limits, as if removing country limits is going to solve the problem.
    You scare away ROW when you do that.



    Those who talk about only removing the country cap have not thought through the problem carefully. It will only slow everybody down. At the same time only increasing the visa number by say a factor of 2 will not solve the problem either since majority of EB GC are from a few countries.

    As paskal, others and I have been saying IV is for all EB GC, and we should look at solutions that help everyone.





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  • software7
    05-31 07:06 PM
    this pending I485 applications include dependents



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  • unitednations
    02-19 11:38 PM
    Why is it surprsing that Skill Bill is not passing when restaurant manager is getting GC before US CS Ph D?

    Now; everyone might see the extent of gaming in the system and why it is not so clear cut of the "benefits".

    L-1a is an abused category. One can have a business back home; get an L-1a for one year to open an office in USA. Once they are here; after one year they can extend the L-1a for three more years if they can prove that they have opened the office and office back home is still running. In this scenario person can self petition after being on L-1a for one year. This is why L-1a has a limitation of seven years. First time you get one year to open the office then two three year extensions.

    If a person comes through a companies L-1a but not to open an office but to join an existing office then they can apply at any time. Enough people try to come here on business visa and then change status to L-1a to get around the scrutiny of the consulates and then go for greencard through this route.





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  • thomachan72
    03-27 11:55 AM
    Election in India is approaching fast. Who will be next prime minister of India.

    (This is better than doing predictions for visa bulletins :)).
    You really think so?? The next PMs name is not even on your poll lists!!
    India and Russia have set examples to the rest of the world. How? well...
    Russia- by showing how communism can be at its worst
    India- by happily showing how democracy can be at its... you guessed it, "worst"
    Dont agree?? True Democracy, implies "for the people and by the people", right?
    well in India its a tiny bit different...."For the thugs and by the thugs" Now the word thugs vary in meaning depending upon the citizen affected... for some it might simply mean "currupt" for others "looters", for some others "dishonest" and for a unfortunate majority it goes to the extent of "murderers".
    Now.....still interested in wasting time with the projections for Indian PM??



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  • gcfordesi
    08-15 07:39 PM
    I know its not easy or possible in USA to get a Immigration officer to make some scene deliberately at airport . Here is what i observed .
    He was in CA a month back june/july for his movie shoot nothing popped that time.
    But he signed a 100 crore INR deal with FOX for his Forth coming movie My Name is Khan i think couple of weeks back dose it tell something ?
    So with this incident he is on Top 10 news in CNN today - Btw this news was at number 7 few hours back and now number 2.
    Nice way to create awareness of Shah Rukh Khan and the Movie.

    Just my 2 cents ....

    1. 1 When an insect sting turns fatal
    2. 2 Bollywood star detained at airport
    3. 3 Tropical Storm Ana forms
    4. 4 Britain seizes control of islands
    5. 5 Bob Dylan a complete unknown?
    6. 6 Australian granted right to die
    7. 7 Lockheed Fire scorches 6,800 acres
    8. 8 Run 135 miles across Death Valley?
    9. 9 Arctic Sea 'ransom demanded'
    10. 10 Missing boy last seen near car





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  • logiclife
    06-26 01:17 PM
    Thanks for making me look like an idiot in front of my lawyer and HR, everyone.

    Based on RUMORs, I asked my lawyer this question:

    I have a question about July Visa bulletin. If the August bulletin is retrogressed when announced in mid-July, can the USCIS change rules and stop accepting new Adjustment of status petitions in mid-July ? I know that it sounds illogical and that July bulletin's current dates would apply thru July 31st but I am hearing from my professional colleagues that USCIS could change rules and stop accepting new AOS petitions in middle of the month.

    And I got this reply :

    Yes, what you raise is quite illogical. The visa bulletin controls which AOS can be filed during the calendar month for which it is published, there is no way for USCIS to stop receiving an AOS application received say on July 16th. AOS is not like an H1B filing, where there is a finite # that must be received by a date certain and then allocated.

    See, hear that ? "NO WAY FOR USCIS". Now, I dont know why some lawyers are spreading this nonsense that "BEWARE, USCIS will stop accepting new petitions if they receive 'too many petitions'. What is 'too many ??? Who defines 'too many'? Is 'too many' defined as the time when the mail room clerk gets back pain from lifting boxes of petitions ? Or the guy printing 485 receipt notices gets carpel tunnel syndrome ?

    PLEASE PUT THIS IDEA TO REST. USCIS WILL ACCEPT PETITIONS THRU JULY 31, NO MATTER HOW TIRED THEY ARE AND NO MATTER HOW SICK THEY GET OF SEEING 485 FEDEXes COMING IN DAY AFTER DAY AFTER DAY. GOT IT ????



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  • amoljak
    10-23 04:02 PM
    Now can the company SELL this Labor certification? Can another company BUY such a Certification? I have heard a lot on this site about LC substituion and how they are sold/bought at a premium. How does all that work. Is that even possible?

    eb3_nepa, some people have the special ability to create business opportunities when others see none. E.g. Do you think a job at a primary school can be sold? Think again. You have to buy it in India. Another example... have you been to the Empire state building? For $12 you can wait in line for ~4 hours and enjoy the view after that. But for $40 you can go straight to the top. With labor sub its the same deal. Your company has an approved labor, there are 5 suckers who would otherwise wait 10 years in the GC line. They all do a great job of Java programming that you need your prospective employee to do. How do you decide which one to hire?

    For some companies its easy.. they select the one who pays them a premium.

    To your other question... no you cannot transfer approved labor to other company... so if you want to be in this business of labor subs, you have to go through the pains of labor before being able to sell one...

    Some smart people have figured another great business. They go through the labor pains once and then clone the labor certs (hint: color copier)... those visionaries sometimes end up behind bars...





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  • cableman
    05-10 09:29 PM
    Thanks cableman.

    I did read that part and hence my question was if I am in the fourth/fifth year of my CA PR when I decide to go to CA, will I be allowed at least in the country.

    Another question was if I am in my 4th/5th year and know that it might take me another year before I go to CA, can I apply for CA PR again, even when I already have my CA PR OR if I apply for my CA PR immediately after my current CA PR expires, would I get it again (assuming I have the necessary points)

    Thanks again to everyone who tries to shed some light.

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



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  • snathan
    01-15 06:37 PM
    That is true. No one knows the impact of outsourcing. Because no public data is available unlike H1b or L1. If american public gets exact data about outsourcing then they will oppose that also and goverment has to act. But there is no legal binding for Government or Corporations to give data about outsourcing. Some time back most manufacturing went silently out of USA and when people started realizing it was too late to act. But relaxing immigration will not prevent outsourcing as everything is based on cost

    Then USA become USSR and go down the toilet....





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  • breddy2000
    07-25 02:17 PM
    They can waste numbers and come up with excuses. But because of criticism from Ombudsman, Congress, etc it looks like they are trying to shape up. They can adjudicate 30 k petitions are more in 2 months if they are committed to. We could get an idea, if there is a deluge of approvals in the first half of August.

    Do you guys remember how many visas USCIS processed within the Last few days of June 2007 ( I remember it was around 20k) just to make sure they exhaust the Visa numbers and rollback the Visa Bulletin?

    If it's possible for them to complete as many applications within a short span of time,it means they are capable of processing the applications faster...

    Now due to more hiring they might process all the available visas by the end of the year.

    Not that I'm having hopes of me getting 485 approved based on my PD, but just to put things in perspective....

    We'll see once we hit Aug 1st......



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  • TeddyKoochu
    09-24 12:15 PM
    This analysis is really excellent, how far do you foresee the EB2-I date going this year. Is there any hope for new people to file 485 this year? People who missed Jul 07 have waited long and can wait till next Sep in the hope that we will be able to file 485 this year.





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  • Aah_GC
    07-11 12:41 PM
    Thanks for that useful information. People who suffer have an inclination to touch the extremes (and I am not sure where that Taxi driver gentleman got his PHD from).

    You definitely have to pay heavy taxes and earn less money - but then I imagine it is better than being a slave to desi consulting firms in the US.


    Please go to this site for Canadian immigration info -
    www.settlement.org

    You can find some bad things about Canada here -
    www.notcanada.com

    Weigh yourself. Thanks



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  • django.stone
    06-15 02:05 PM
    dilip,

    i am not debating you point of view, in fact i agree that with the darwinism concept and hope the down economy brings gc to good & talented folks. your rollercoaster ride was from Mar 2001 to May 2003, about 2 yrs. in the current scenario people are waiting for 8+ years and most of them like myself at least 3 yrs. the situation is indeed different this time around with labor substitution, L1, porting etc. causing delays for earlier people, that's why you see more venting this time around.





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  • BharatPremi
    07-13 01:43 AM
    Canada immigration is simple & straight forward.

    No expensive lawyers are required or any lengthy procedures. Just self do. Also look at the currency rate of US and Canada almost same... Tax is a little high but medical is fully covered.

    You need to fill forms,send all your education, papers etc and LO ! you are done and get PR Card. Some of my friends got it in less than 2 yrs.

    go to http://www.cic.gc.ca/english/index.asp and you can apply on your own.



    P.S: I am not an lawyer. Just another frusted GC wait, wait no reply candidate.

    Canadian Immigration is simple.. But then what? Are you ready to live your life in socialist welfare state? Buying a home in CAN $ 200000 in year 2007 will give you $ 5000 top in Year 2030.. Are you ready for that? Do not choose Good apples from the basket. This guy got a job from Microsoft does not mean that easily you would get settled...One thing I do not understand is why so much zeal about Canadian immigration on American immigration forums.. Is it some mental syndrome to make people part of your own guilt?

    By the way my very nearest relatives and friends have choosen (Many are in IT as well..) Canada to get settled... Some live there since last 20 years... I know how Canada works... And believe me if you get USA GC done.. Canada is not worth considering....More or less Canada is not that a dynamic society... It is still 16th Century European mind set... I can understand someone may get it done as backup but here it seems that some of the people are out to the mission .. And I have a problem there. If somebody is in really a bad shape of US Green card and all doors are going to be closed soon and considering Canada.. That is understandable... But living in US, stating to love USA and writing to drive others out of USA looks contradictory to me.. Hypocrates... US GC is broken and f@@cked up so what .. Try to fight it out as long as you can...And believe me not everbody's grapes are sour yet.

    Other thing, with decision of corporates you can not take decisiion to unsettle your life.. Argument: Microsoft decides to go to Canada and is hirring you .. What can go wrong...many things can go wrong.. you do not know and many things cannot be proved.. With myself it already happened.. In year 2001 Bubble burst my then employer gave me a choice to move to Canada ( Exactly Microsoft kind of public declaration.. Company is also very prestigious and more or less you can consider it of the size of Microsoft).... I took decision not to go and so I was out of the company.. Some friends went there.. after 2 years laid off.. Those 2 years they got American salary on Canadian land (Dream, huh !!!!!!!!) ,, But then what after lay off.. One of them had to sit 6 months to get proper job.. Way less salary... Can this happen to everybody? May not be..But the bottom line is you will have to fiight out the hurdles.. Here you have GC Process hurdle.. In canada you may not have that but you may be having other 100 hurdles... What will you do then? WIll you go to Australia? ...There are 600 countries so at the most you can do 600 migrations :-) By the way both of my friends now want to come back to USA after getting citizenship and their families do not want to move as they have mentally fed up with this move from country to country.. So wise up... my friend



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  • acecupid
    07-17 12:03 PM
    Is it accurate to say that new way of allocating spill over visas effectively acheive same effect as eliminiating country limits?

    I suppose the new way of allocation has similar effect to eliminating country limits within a category i.e. EB1 or EB2 or EB3 but not across the board





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  • deba
    07-03 05:04 PM
    I am India EB2. Labor cleared 2 years back, I140 cleared more than 1.5 years back and I485 pending for more than a year. Have EAD and AP.
    Currently continuing under same employer with I797 valid till Dec/2008. I will complete 6 years of H1 in Dec.
    I would like to change to a new employer with a new H1.
    I believe I am eligible for a 3 year extension based on above conditions.
    My question: After I get a new H1 and invoke AC21, but supposing old employer withdraws I140, what happens to the new H1?
    Since it is to be issued for 3 years based on labor/I140 cleared etc., what will be the situation if the underlying I140 is withdrawn by original sponsoring employer?





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  • unitednations
    02-13 03:21 PM
    What about paragraph 5 that I have posted up somewhere ???
    Does that allow the 7% limit to be exceeded or not ?


    That is why we need more supply.....Once supply is more they can go over 7%...


    Originally; I had interpreted the paragraph to mean if the total visas by category i.e, total visas in eb1 are unused then a country can go over 7% limit in that category (horiziontal spillover).

    However; the law is determining total as total visas for all EB categories as a whole. Therefore, there has to be unused visas from the 140,000 for a country to go over 7%.

    The mystery of horizontal verus vertical was plain to see in November 2005 visa bulletin. There is no mystery about it anymore. It is plain to see for everyone. If they want to litigate it; then it is right from the horses mouth on an offical document of how it is done. I would use that note in the bulletin to litigate if you believe your position is correct; ie., horiztonal rather then vertical.





    senthil1
    03-16 01:24 PM
    It depends on INS. If they notice the overlap between study and experience and they can send RFE. If you send explanation to RFE then it is upto INS to accept or reject. If thy doo not notice then no problem.Some people in INS have some idea about fake experience certificates in India. It is easy to get experience certificate even if you do not work. You can get idea by analysing similar situation.


    QUOTE=Subst_labor]i am not paying anything, its a decent company from NJ. the only thing i am concerned about is that this experience was when i was IN college and it was a really small company (part time thing..)[/QUOTE]





    WFGC2006
    04-04 02:06 PM
    What are your options if the Canadian PR expires (go to CA get PR and come back to US) and you are still in the US ? OR say you are in your 4th/5th year of CA PR and then you then desire to go to CA, can you re-apply for the Canadian PR ? If you can, what is the procedure .... ?

    Anyone who know abt this, please respond.

    The current rule is that: in order to maintain your PR, you have to be physically in Canada for two years in any 5 year period (to apply citizenship, 3 years consecutively). So technically you are still fine if you are on your 3rd year working in the U.S. after landing date (which is the date you enter into the border using the immigration visa granted).

    If you have the maple card in hand, there is absolutely nothing to worry about. However, if you are like me who got out of CA and came back to the US after landing without securing the card, there are still ways. The maple card is only needed for re-entry if you take a commercial flight or a commercial bus. However, if you drive your own vehicles and cross the border, then you only need your landing document ("the white paper"). Another option is to apply so-called "Travel Document" through CA consulate in the U.S. But be prepared that the official will grill you for your intention because he/she knows that 1) you are exploring the loophole of CA immigration law and use your PR status as the fall-back plan for your dashed American dream; 2) it's their duty to deny your visa if they determine that you will not be able to fulfill the residency requirement ("2 out of 5 year" rule) ONCE YOU ENTER CA (this is some rule open to abuse as basically the official determines what you WILL do in the future).