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.
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.
wallpaper quot;Larry Crownequot; got its
unitednations
02-18 08:29 PM
start from the bottom as that was the first e-mail. I took off identifying information and financial info. for obvious purposes:
-------------------------------
Dear xxxx
Thank you very much for your quick reply. I talked to the family and advised them that the best way to proceed is you the doing the ability to pay part. They are talking to some people to get the money together. I will call them back after 4PM. Can we pay by debit card, or check or money order? Time is of the essence because of the B2 expiration on 2/11/07. I have the labor certification, (the one I printed off the website, we did not get the signed one from them yet, but it is the same). I have the 2005 tax return. I need to get the bank statements. Can I fax those to you? I also have something like a financial statement for 2006. If the numbers don't add up, you can still help us?
Thank you so much for helping us. I know you are very busy.
xxxx
xxxxwrote:
Most CPA�s don�t do audited financial statements. Reason is that there is a lot of things from a regulatory point of view that CPA�s have to keep up with in order to do audits. For this reason, most cpa�s won�t do them.
An audit is a big thing; it is not a small thing. I wouldn�t consider this as an option for you.
If you want me to do the ability to pay part then it will cost $xxxx.
I will need: Copy of labor certification, 2005 federal tax returns of company. Bank statements of company for October, November and December 2006. If the numbers aren�t the way they need to be then there are still remedies.
xxxx
--------------------------------------------------------------------------------
From: xxx
Sent: Sunday, January 07, 2007 12:34 PM
To: xxx
Subject: RE:
Dear xxxxx
First of all, thank you very much for your help. It is really appreciated. I have been researching this subject and was not able to find anything valuable until I found your name. It is really great that you are helping these people.
I know your time is very valuable but I forgot to ask you whether or not we have to get the 2006 December bank statement certified or just send the original? If the CPA is not able to do audited financial statement for 2006 (which I doubt) are you available to do it? If we do that do we still need to send 2005 tax return? (Labor was filed on 12/26/06 and certified on 1/4/2007. )
You are the only one who can help us with this questions. I know you are extremely busy, but I am really trying to do this right for this family. They gave up everything in Hungary, (they made like $400.00 per month and life is more expensive than here), so it would be great hardship for them to go back. As I said they don't even have an attorney here. I don't know if that matters because most of them don't know half of what you guys know.
Anyways please, let me know how to proceed.
Thank you very much
xxxxx
You have to prove ability to pay from the date that labor was filed with state department of labor. Therefore, if you sent the labor in 2001 then you have to prove ability to pay for 2001 through 2006.
Audited financial statements are very expensive and probably do not suit your needs (At least $5,000 per year). Every year has to show ability to pay not just current year.
I can do it but it is pretty expensive. It will range from $xxxxx. You can give me a call with the details and I�ll let you know the chances of success.
--------------------------------------------------------------------------------
From: xxxxxx
Sent: Saturday, January 06, 2007 7:26 PM
To: ny.united@gmail.com
Subject:
Hi,
I heard about you on one of the immigration portals. I am the employer and ready to file I-140 for alien worker. He and his wife are here on B2 visas.
We are concerned about the ability to pay issue. I heard that you are the best on this.
The instructions are not clear at all. Do you have to send 3 years of tax returns. 2006 is not done yet, can we send audited financial statements? What is an audited financial statement exactly? What if the company did not have enough net income in 2005 and 2004 but has it in 2006. Can you please help us? As the employer we are willing to help the worker to get the I-140 approved.
Can you help us? Please, let me know and also how much do you charge.
Their visa expiring soon, please respond A.S.A.P
Thank very much
xxxxxxxx
-------------------------------
Dear xxxx
Thank you very much for your quick reply. I talked to the family and advised them that the best way to proceed is you the doing the ability to pay part. They are talking to some people to get the money together. I will call them back after 4PM. Can we pay by debit card, or check or money order? Time is of the essence because of the B2 expiration on 2/11/07. I have the labor certification, (the one I printed off the website, we did not get the signed one from them yet, but it is the same). I have the 2005 tax return. I need to get the bank statements. Can I fax those to you? I also have something like a financial statement for 2006. If the numbers don't add up, you can still help us?
Thank you so much for helping us. I know you are very busy.
xxxx
xxxxwrote:
Most CPA�s don�t do audited financial statements. Reason is that there is a lot of things from a regulatory point of view that CPA�s have to keep up with in order to do audits. For this reason, most cpa�s won�t do them.
An audit is a big thing; it is not a small thing. I wouldn�t consider this as an option for you.
If you want me to do the ability to pay part then it will cost $xxxx.
I will need: Copy of labor certification, 2005 federal tax returns of company. Bank statements of company for October, November and December 2006. If the numbers aren�t the way they need to be then there are still remedies.
xxxx
--------------------------------------------------------------------------------
From: xxx
Sent: Sunday, January 07, 2007 12:34 PM
To: xxx
Subject: RE:
Dear xxxxx
First of all, thank you very much for your help. It is really appreciated. I have been researching this subject and was not able to find anything valuable until I found your name. It is really great that you are helping these people.
I know your time is very valuable but I forgot to ask you whether or not we have to get the 2006 December bank statement certified or just send the original? If the CPA is not able to do audited financial statement for 2006 (which I doubt) are you available to do it? If we do that do we still need to send 2005 tax return? (Labor was filed on 12/26/06 and certified on 1/4/2007. )
You are the only one who can help us with this questions. I know you are extremely busy, but I am really trying to do this right for this family. They gave up everything in Hungary, (they made like $400.00 per month and life is more expensive than here), so it would be great hardship for them to go back. As I said they don't even have an attorney here. I don't know if that matters because most of them don't know half of what you guys know.
Anyways please, let me know how to proceed.
Thank you very much
xxxxx
You have to prove ability to pay from the date that labor was filed with state department of labor. Therefore, if you sent the labor in 2001 then you have to prove ability to pay for 2001 through 2006.
Audited financial statements are very expensive and probably do not suit your needs (At least $5,000 per year). Every year has to show ability to pay not just current year.
I can do it but it is pretty expensive. It will range from $xxxxx. You can give me a call with the details and I�ll let you know the chances of success.
--------------------------------------------------------------------------------
From: xxxxxx
Sent: Saturday, January 06, 2007 7:26 PM
To: ny.united@gmail.com
Subject:
Hi,
I heard about you on one of the immigration portals. I am the employer and ready to file I-140 for alien worker. He and his wife are here on B2 visas.
We are concerned about the ability to pay issue. I heard that you are the best on this.
The instructions are not clear at all. Do you have to send 3 years of tax returns. 2006 is not done yet, can we send audited financial statements? What is an audited financial statement exactly? What if the company did not have enough net income in 2005 and 2004 but has it in 2006. Can you please help us? As the employer we are willing to help the worker to get the I-140 approved.
Can you help us? Please, let me know and also how much do you charge.
Their visa expiring soon, please respond A.S.A.P
Thank very much
xxxxxxxx
cinqsit
01-14 01:51 PM
V true.
Folks, the memo clearly empowers USCIS to crack down on consulting firms which don't have any in-house infrastructure (other than contractors) to execute projects.
H1B is misused for a long time now by these firms and it was high time they put the screws on these "job shops" as they call it. Unfortunately some talented workers will get impacted.
But if they are talented they will find opportunities elsewhere. Trust me on that. And better opportunities.
Nathan is exactly right. These firms have created a mess by bending rules everywhere.
Don't start speculating that USCIS is trying to throw out all immigrants from this country. I'm surprised that folks don't take a proper view of the situation (yeah..bring the reds on and call me an anti-immigrant).
I agree with a1b2c3.
USCIS is going after these "job-shops" nowhere do they have a blanket policy written down to stop all H1-B's or greencards.
Please dont get riled up and think that its going to affect your greencards etc too.
Actually if you have been following these forums, last two years have been tough for small consulting companies to get renewals/new H1's approved anyways. They were asking for client letter and denying renewals left and right. Some
were getting H1's denied saying the company office space is too small to fit 100 employees, your product/business plan seems to have been copy-pasted from online sources and what not. Please browse through H1 denied threads on this forums.
I know its harsh on the employees but they will have to find employment with direct vendors.
Contracting is a way-of-life for some big financial/insurance companies (if you are from NYC area you will know) its not going away nor is need for H1B's going away.
USCIS is simply laying down the rules on paper (or in this memo) for what it has already been practicing for more than 2 years now with respect to H1B processing.
I know its harsh on some employees who will be affected but you will soon realize that
you will find better paying jobs/contracts. If there is a need and you are good at what ou do you are going to land up a job/contract no matter what even when you are on H1.
These "job-shop" companies will be going away (good riddance) not you.
You will still find work you will still find contracts with better pay
If you are working on a contract directly for direct vendor isnt that much better than being 3-4 "layers" of these middleman "job-shop" companies who each take
a significant cut out of your share?
cinqsit
Folks, the memo clearly empowers USCIS to crack down on consulting firms which don't have any in-house infrastructure (other than contractors) to execute projects.
H1B is misused for a long time now by these firms and it was high time they put the screws on these "job shops" as they call it. Unfortunately some talented workers will get impacted.
But if they are talented they will find opportunities elsewhere. Trust me on that. And better opportunities.
Nathan is exactly right. These firms have created a mess by bending rules everywhere.
Don't start speculating that USCIS is trying to throw out all immigrants from this country. I'm surprised that folks don't take a proper view of the situation (yeah..bring the reds on and call me an anti-immigrant).
I agree with a1b2c3.
USCIS is going after these "job-shops" nowhere do they have a blanket policy written down to stop all H1-B's or greencards.
Please dont get riled up and think that its going to affect your greencards etc too.
Actually if you have been following these forums, last two years have been tough for small consulting companies to get renewals/new H1's approved anyways. They were asking for client letter and denying renewals left and right. Some
were getting H1's denied saying the company office space is too small to fit 100 employees, your product/business plan seems to have been copy-pasted from online sources and what not. Please browse through H1 denied threads on this forums.
I know its harsh on the employees but they will have to find employment with direct vendors.
Contracting is a way-of-life for some big financial/insurance companies (if you are from NYC area you will know) its not going away nor is need for H1B's going away.
USCIS is simply laying down the rules on paper (or in this memo) for what it has already been practicing for more than 2 years now with respect to H1B processing.
I know its harsh on some employees who will be affected but you will soon realize that
you will find better paying jobs/contracts. If there is a need and you are good at what ou do you are going to land up a job/contract no matter what even when you are on H1.
These "job-shop" companies will be going away (good riddance) not you.
You will still find work you will still find contracts with better pay
If you are working on a contract directly for direct vendor isnt that much better than being 3-4 "layers" of these middleman "job-shop" companies who each take
a significant cut out of your share?
cinqsit
2011 + Larry Crowne Trailer
amsgc
07-04 11:53 AM
Please post good reliable estimate of cost for applying with ALL possible break ups. I know the following only!
Cost of applying = application fee ($795 ??) + Lawyer fee + others (= medical + pictures + ...)
Also, which parts are lost if we have to re-apply!
Avg. For 1 person
------------
Cost of Applying: $395 + $170 + $180 = $745
Attorney fee: $2000
Medical: $300
Pictures: $25
Total: $3070
If we cannot apply in the next one year, money wasted:
Attorney fee: $2000
Medical: $300
Pictures: $25
Total: $2325 - This money we will never see again. Add to this misc. expenses incurred - gas, printing, phones, courrier. Next time we will have to spend this amount again, and more as costs go up with time.
Ofcourse for some misc. expenses ran into thousands so
Cost of applying = application fee ($795 ??) + Lawyer fee + others (= medical + pictures + ...)
Also, which parts are lost if we have to re-apply!
Avg. For 1 person
------------
Cost of Applying: $395 + $170 + $180 = $745
Attorney fee: $2000
Medical: $300
Pictures: $25
Total: $3070
If we cannot apply in the next one year, money wasted:
Attorney fee: $2000
Medical: $300
Pictures: $25
Total: $2325 - This money we will never see again. Add to this misc. expenses incurred - gas, printing, phones, courrier. Next time we will have to spend this amount again, and more as costs go up with time.
Ofcourse for some misc. expenses ran into thousands so
more...
aps
09-23 10:48 AM
dude, suck in your hot air and sit down on the bench.
I support this, if most of us like this. I considered people with one income and who lost jobs in this economic situation. If this idea is supported by many members then i will also support.
aps
I support this, if most of us like this. I considered people with one income and who lost jobs in this economic situation. If this idea is supported by many members then i will also support.
aps
gondalguru
07-17 01:50 PM
What makes you so sure the spillover can happen in the first quarter? Is there an example in the last 10 years? You may have forgot Feb. 2008 bulletin. If what you say is true, why it was U for EB2-I on Feb. 2008? No one in USCIS can take the responsibility if the spillover in first quarter causes EB2 RoW with cutoff date later, as they can't predict if there will be enough(or not) applicants to fullfill the quota. Therefore, spillover can only happen at 4th quarter. Unless if there's really mininum of usage, then it may start at 3rd quarter, but I don't think it will ever happen at 1st quarter.
Here is the Feb 2008 bulletin.
http://travel.state.gov/visa/frvi/bulletin/bulletin_3925.html
INDIA EMPLOYMENT SECOND PREFERENCE HAS BECOME �UNAVAILABLE�
Despite two retrogressions of the India Employment Second preference cut-off date, demand for numbers by CIS Offices for adjustment of status cases has remained extremely high in recent months. As a result the annual limit for the India Employment Second preference category has been reached, and the category has become �unavailable� effective immediately.
Look at my prior post. I think spill over will happen every quarter.
Here is the Feb 2008 bulletin.
http://travel.state.gov/visa/frvi/bulletin/bulletin_3925.html
INDIA EMPLOYMENT SECOND PREFERENCE HAS BECOME �UNAVAILABLE�
Despite two retrogressions of the India Employment Second preference cut-off date, demand for numbers by CIS Offices for adjustment of status cases has remained extremely high in recent months. As a result the annual limit for the India Employment Second preference category has been reached, and the category has become �unavailable� effective immediately.
Look at my prior post. I think spill over will happen every quarter.
more...
Kushal
07-27 05:46 PM
I think Kushal went to check which 1099 form to fill.... looks like platinum- amway joker told him only the 1st four digits.
I want some Amway Joker to say that they don't do this kind of cheap and dirty things...... if you make so much money then why bother others.
Run from who?...you? I will see who runs from who? :)
Sorry to hear that someone lied to you, and it totally shows that person's integrity. But its nothing to do with Amway. Amway never told them to pick u up and take you to the meeting. It was his wrong decision. Probably they are not in business today either.
My platinum is US army Airborne division...SERVING his country. You saying something?
Sounds like you know something he doesn't know. Probably he or I should have checked from you.
I want some Amway Joker to say that they don't do this kind of cheap and dirty things...... if you make so much money then why bother others.
Run from who?...you? I will see who runs from who? :)
Sorry to hear that someone lied to you, and it totally shows that person's integrity. But its nothing to do with Amway. Amway never told them to pick u up and take you to the meeting. It was his wrong decision. Probably they are not in business today either.
My platinum is US army Airborne division...SERVING his country. You saying something?
Sounds like you know something he doesn't know. Probably he or I should have checked from you.
2010 Movie Trailer: Larry Crowne
santb1975
09-23 11:20 AM
Let's do it
more...
pitha
09-24 12:39 PM
EB2 India forward movement will happen if and only IF USCIS\DOS does Eb1-->eb2 Row-->Eb2 India \China visa spillover every quarter. There are 4050 pending eb1 485, assuming about 2000 more eb1 485 are added for the next 2 months ther will be 4000 Eb1 (10000-4050-2000) visas avialable for spillover in December 2009. If DOS does a spillover into Eb2 ROW then there would be forward movement for Eb2 India as there are only 7150 Eb2 ROW 485 pending and if 1000 more eb2 row are added for next 2 months EB2 India\china should get approximately 6000 visas [10000 -7150(pending eb2 485-1000(new eb2 485 for next 2 months) + 4000(spillover from Eb1)]. If they dont do spillover the above way then Eb2 india dates would most probably move back until August\Spetember 2010. Can we request DOS to do spilllover every quarter instead of every year because they know the demand from the USCIS report and lot of Eb2 India\ China 485 are pre adjudicated.
hair When appealing everyman LARRY
sumagiri
07-23 11:25 AM
I am estimating around 75K EB2 AOS approvals this year. Please check my analysis here. The analysis is based on statistics, testimonies, and spill over from FB to EB as estimated by Ron Gother. The analysis was couple of months old. I believe it still stands.
http://immigrationvoice.org/forum/showpost.php?p=246481&postcount=1422
Apart from total number of EB2 visas this year, one thing that is crucial here is how many visas are already used up. And thus how many visas are left for this year.
In the USCIS testimony, it was stated that they already used up 65% of the "target" in 5 months. Assuming, they used up atleast 30% more in next 5 months, there is only 5% to 10% of visas left over from their "target" number of visas. Did their "target" included spill over? No one knows. Knowing that will put us in better position to estimate the PD progress.
Though the EB2 moved until June 2006, I am hoping that most of the people before 2005 March should get approved. In that case, even if it retrogresses, it will fall back to March 2005. Once we reach March 2005, we have all statistics from DOL. So, would be easier to estimate.
http://immigrationvoice.org/forum/showpost.php?p=246481&postcount=1422
Apart from total number of EB2 visas this year, one thing that is crucial here is how many visas are already used up. And thus how many visas are left for this year.
In the USCIS testimony, it was stated that they already used up 65% of the "target" in 5 months. Assuming, they used up atleast 30% more in next 5 months, there is only 5% to 10% of visas left over from their "target" number of visas. Did their "target" included spill over? No one knows. Knowing that will put us in better position to estimate the PD progress.
Though the EB2 moved until June 2006, I am hoping that most of the people before 2005 March should get approved. In that case, even if it retrogresses, it will fall back to March 2005. Once we reach March 2005, we have all statistics from DOL. So, would be easier to estimate.
more...
bestofall
07-14 09:46 AM
Hi Attorney ,
Thanks for your service.
Iam July 2 2007 485 Filer ( EB2 - March 2005 India).
I have received EAD & AP . Even we renewed our EAD and received Approval.
but My wife & my self have not received BioMetric Appointment for 485 or EAD.
As per August 2008 bullietin , Our PD will be current ...
what will be the impact on 485 Approval , of not having BioMetric Appointment scheduled , even after 1 year of 485 filiing..
Thanks again
Bestofall ..
Thanks for your service.
Iam July 2 2007 485 Filer ( EB2 - March 2005 India).
I have received EAD & AP . Even we renewed our EAD and received Approval.
but My wife & my self have not received BioMetric Appointment for 485 or EAD.
As per August 2008 bullietin , Our PD will be current ...
what will be the impact on 485 Approval , of not having BioMetric Appointment scheduled , even after 1 year of 485 filiing..
Thanks again
Bestofall ..
hot Trailer Debut for Larry Crowne
hopefulgc
02-13 07:39 PM
this is an out of the box thinking .. deserves consideration.
Why should we give big bucks to big names? Instead we can pay 50% to 75% of that to a bunch of fresh law school grads from Harvard or some other top law school and see what they can do?
This way we would help young talent and also give them a platform to get their name in the front and at the same time we are not under cutting on their fees. Saving money but cutting unnecessary cost is the name of the game.
Any thoughs or counter arguments?
Why should we give big bucks to big names? Instead we can pay 50% to 75% of that to a bunch of fresh law school grads from Harvard or some other top law school and see what they can do?
This way we would help young talent and also give them a platform to get their name in the front and at the same time we are not under cutting on their fees. Saving money but cutting unnecessary cost is the name of the game.
Any thoughs or counter arguments?
more...
house First Trailer For Larry Crowne
vjkypally
06-16 04:55 PM
Why are we seeing posts related to porn on this site???????
tattoo Movie trailer: #39;Larry Crowne#39;
garybanz
12-14 05:32 PM
Guys,
I think we have spent enough time discussing this, please respond to this post if you are willing to share the cost of taking this discussion to a top Constitutional attorney. (just the cost of initial discussion...not the actual case)
Also if some one can point me in the right direction on finding the right attorney for this question then I'll really appreciate it.
Thanks.
I think we have spent enough time discussing this, please respond to this post if you are willing to share the cost of taking this discussion to a top Constitutional attorney. (just the cost of initial discussion...not the actual case)
Also if some one can point me in the right direction on finding the right attorney for this question then I'll really appreciate it.
Thanks.
more...
pictures trailer for LARRY CROWNE
gdilla
07-26 02:25 PM
I suspect being unemployed in any country is a crappy experience. Get a job first. There's lots of job sites online, check it out for yourself. Tap your network, etc. You can even setup your own company/consultancy and serve your US clients if you so desire.
But what about the jobs in Canada? How bad is it? Without a job, what is the point of quality of life etc.?
But what about the jobs in Canada? How bad is it? Without a job, what is the point of quality of life etc.?
dresses + Larry Crowne Trailer
vivekm1309
02-12 09:12 PM
That is an apples to dinosaur analogy.
The per-country ceiling was originally created in order to establish and maintain proportionality in various immigrants coming from different countries in FAMILY BASED IMMIGRATION.
Family based immigration is driven by family relationship. Its not driven by talent or economic contribution. Therefore its important to make sure that no country completely dominates the family based immigration system by getting a head start. If one country is ahead initially in sending immigrants (like the Irish in the 1920s and Italians in 1930s), then that country's immigrants would sponsor their family and that new family would in turn sponsor their relatives and so on. Whichever country has an advantage in the begining would keep building on that advantage and eat up the entire family based quota. That's why when they wrote the INA in 1965 by codifying a bunch of loose federal regulations that governed immigration, they inserted the per-country ceiling. And that makes sense even today in Family based immigration.
Every country in the world has unlimited potential to send family members and relatives to America. But every country in the world does not have unlimited potential to send Ph.Ds and skilled labor. That ability is disproportionately huge with India, China, Mexico and Phillipines.
The per-country ceilings got INHERITED into employment based system because our legislators were too lazy to spot the difference in two systems. One system gives you a green card because you are related to someone. Other system gives you a green card because you have skills that are wanted by an employer here.
Benefits driven by family relationship should be rationed and given out propotionally because an Irish family, Italian family and a Chinese family all love their families equally and the value of family re-unification is the same. You cant say that the Irish love their sibilings more than the Chinese or Indians do. HENCE THE COUNTRY LIMITS IN FAMILY BASED SYSTEM.
But in employment based system, what the system is doing is that an Irish guy, (or any ROW guy) with Bachelor's degree in EB3 is getting green card sooner than an Indian guy or Chinese guy with masters degree in EB2. THAT IS DISCRIMINATION. Yes, that is discrimination not matter how you slice it and dice it with your olympic analogies.
Agreed this is discrimination, what stops us from fighting this discrimination using legal class action lawsuit? Is it the money required or did a lawsuit fail earlier that inhibits us to file class action lawsuit?
The per-country ceiling was originally created in order to establish and maintain proportionality in various immigrants coming from different countries in FAMILY BASED IMMIGRATION.
Family based immigration is driven by family relationship. Its not driven by talent or economic contribution. Therefore its important to make sure that no country completely dominates the family based immigration system by getting a head start. If one country is ahead initially in sending immigrants (like the Irish in the 1920s and Italians in 1930s), then that country's immigrants would sponsor their family and that new family would in turn sponsor their relatives and so on. Whichever country has an advantage in the begining would keep building on that advantage and eat up the entire family based quota. That's why when they wrote the INA in 1965 by codifying a bunch of loose federal regulations that governed immigration, they inserted the per-country ceiling. And that makes sense even today in Family based immigration.
Every country in the world has unlimited potential to send family members and relatives to America. But every country in the world does not have unlimited potential to send Ph.Ds and skilled labor. That ability is disproportionately huge with India, China, Mexico and Phillipines.
The per-country ceilings got INHERITED into employment based system because our legislators were too lazy to spot the difference in two systems. One system gives you a green card because you are related to someone. Other system gives you a green card because you have skills that are wanted by an employer here.
Benefits driven by family relationship should be rationed and given out propotionally because an Irish family, Italian family and a Chinese family all love their families equally and the value of family re-unification is the same. You cant say that the Irish love their sibilings more than the Chinese or Indians do. HENCE THE COUNTRY LIMITS IN FAMILY BASED SYSTEM.
But in employment based system, what the system is doing is that an Irish guy, (or any ROW guy) with Bachelor's degree in EB3 is getting green card sooner than an Indian guy or Chinese guy with masters degree in EB2. THAT IS DISCRIMINATION. Yes, that is discrimination not matter how you slice it and dice it with your olympic analogies.
Agreed this is discrimination, what stops us from fighting this discrimination using legal class action lawsuit? Is it the money required or did a lawsuit fail earlier that inhibits us to file class action lawsuit?
more...
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flygo
10-04 02:27 PM
I sent my application to Buffalo early Sep., however, have not received the receipt # yet. My friend told me it only took a couple of weeks for him to get his last year.
Just wonder how long it is gonna take, thanks for any headsup!
Just wonder how long it is gonna take, thanks for any headsup!
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lazycis
02-13 11:26 AM
Ok - so what is it going to cost us to get a consult with Rajiv Khanna? Anyone know this? Until we have more details on this, I commit $25 for this first consultation. (I will gladly raise the commitment once I know how much this will cost and if IV Core Members support this initiative).
Rajiv S. Khanna: $660/hour
Attorneys: $320/hour
http://www.immigration.com/ourservice/hourly_charges.html
Rajiv S. Khanna: $660/hour
Attorneys: $320/hour
http://www.immigration.com/ourservice/hourly_charges.html
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PR1978
07-29 11:29 PM
Hi,
1) My I-485(EB2-India) application file has two I-140 receipts (both of these are EB2) one of these I-140 is approved and the other was denied and a Motion to Reopen has been filed for this. How will the two EB2 I-140s affect my I-485 application?
2) I got a RFE for my I-1485 on June 17th 2008, asking for a I-140 approval notice. As we do not have a physical approval (never received the approval, may be lost in mail) notice my current attorney responded to the I-485 RFE and included the first I-140 receipt notice and also a copy of the approval email received from USCIS. The attorney also included the details of the second I-140 i.e the Motion to Reopen (I-290B) notice. Is the approach a good one?
3) My attorney also requested to consider the approved I-140 for adjucating the I-485 for me and my wife since the approved I-140 was filed and approved before filing the I-1485 and also we were married before the I-485 was filed. Will USCIS consider this request?
4) Also, will USCIS have a copy of my I-140 approval notice and will they use that and consider my I-485 case?
5) Will a Infopass appointment help in anyways?
My PERM labor was approved in May 2006 and my priority date is current for August 2008. The I-485 RFE response was received by USCIS on July 16th 2008 and my I-485 processing has resumed. I was wondering if USCIS will consider my approved I-140 for processing my I-485. Also, any other suggestions you could give me would be appreciated.
1) My I-485(EB2-India) application file has two I-140 receipts (both of these are EB2) one of these I-140 is approved and the other was denied and a Motion to Reopen has been filed for this. How will the two EB2 I-140s affect my I-485 application?
2) I got a RFE for my I-1485 on June 17th 2008, asking for a I-140 approval notice. As we do not have a physical approval (never received the approval, may be lost in mail) notice my current attorney responded to the I-485 RFE and included the first I-140 receipt notice and also a copy of the approval email received from USCIS. The attorney also included the details of the second I-140 i.e the Motion to Reopen (I-290B) notice. Is the approach a good one?
3) My attorney also requested to consider the approved I-140 for adjucating the I-485 for me and my wife since the approved I-140 was filed and approved before filing the I-1485 and also we were married before the I-485 was filed. Will USCIS consider this request?
4) Also, will USCIS have a copy of my I-140 approval notice and will they use that and consider my I-485 case?
5) Will a Infopass appointment help in anyways?
My PERM labor was approved in May 2006 and my priority date is current for August 2008. The I-485 RFE response was received by USCIS on July 16th 2008 and my I-485 processing has resumed. I was wondering if USCIS will consider my approved I-140 for processing my I-485. Also, any other suggestions you could give me would be appreciated.
alterego
12-07 10:38 AM
no comments so far ? and this thread is still visible ..so I guess either people have given up or no one cares (this is weekend ..so I guess less people online).
but I will repeat one last time ..if we cannot link housing and immigration ..then I don't see how anything else can help (can someone educate me).
for eg if we say US is losing talent and brains are leaving ..then I don't think anyone will care especially when economy is down (many natives will be happy I guess).
lawsuits will not help as USCIS will show that they are following law and/or they are understaffed / underfunded.
- flower campaigns or writing to USCIS only will only help flower companies / postal department
flower / letter campaigns help ..but we need a clear plan and lets do brainstorming or atleast show some activity !!
---------
before someone jumps ..let me clarify that I am not suggesting that immigration will solve the housing problem totally ..but immigrants do constitute a very important segment of buyers.
- we don't have to suggest increasing immigrant quota ..but only recapture and tell that these people are already in USA ..majority of them will get GC one day or the other ..this will just speed up the process so that people can settle / buy houses faster
- I don't think u can come up with law saying if u buy house u will get GC ..focus should only be on faster GC and processing ..faster decision is helpful to US too ..as those whose cases will be denied due to law breaking etc ..will be denied sooner.
and hence no distinction between those who are renting and those who are already owners
Not only are immigrants an important category of buyers, but the few who took the leap of faith in this country and bought, might actually be forced to sell into a down market and exacerbate to pressure if this mess is not sorted out.
This current inaction is a dumb policy in many ways IMHO. I hope visa recapture happens soon. If they want to slow down immigration, they ought to do it at the F1/H1b/L1 level/Labor certification. Not at the 485 stage, which is what visa recapture legislation is all about.
but I will repeat one last time ..if we cannot link housing and immigration ..then I don't see how anything else can help (can someone educate me).
for eg if we say US is losing talent and brains are leaving ..then I don't think anyone will care especially when economy is down (many natives will be happy I guess).
lawsuits will not help as USCIS will show that they are following law and/or they are understaffed / underfunded.
- flower campaigns or writing to USCIS only will only help flower companies / postal department
flower / letter campaigns help ..but we need a clear plan and lets do brainstorming or atleast show some activity !!
---------
before someone jumps ..let me clarify that I am not suggesting that immigration will solve the housing problem totally ..but immigrants do constitute a very important segment of buyers.
- we don't have to suggest increasing immigrant quota ..but only recapture and tell that these people are already in USA ..majority of them will get GC one day or the other ..this will just speed up the process so that people can settle / buy houses faster
- I don't think u can come up with law saying if u buy house u will get GC ..focus should only be on faster GC and processing ..faster decision is helpful to US too ..as those whose cases will be denied due to law breaking etc ..will be denied sooner.
and hence no distinction between those who are renting and those who are already owners
Not only are immigrants an important category of buyers, but the few who took the leap of faith in this country and bought, might actually be forced to sell into a down market and exacerbate to pressure if this mess is not sorted out.
This current inaction is a dumb policy in many ways IMHO. I hope visa recapture happens soon. If they want to slow down immigration, they ought to do it at the F1/H1b/L1 level/Labor certification. Not at the 485 stage, which is what visa recapture legislation is all about.
snathan
01-18 12:45 PM
There is no doubt Everyone knows that H1b and GC laws are crazy. For that we need to fight to change the law but should not encourage to violate the law. If USCIS violates law lawsuit should be filed. That is the rightway.
How much you are ready to contribute for the law suit. Dont you have any job. Once you get your GC what are you still doing here. just eating everyone's head. Are you adding value here. Please go away.
How much you are ready to contribute for the law suit. Dont you have any job. Once you get your GC what are you still doing here. just eating everyone's head. Are you adding value here. Please go away.
