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  • gauravster
    05-29 05:08 PM
    I agree that we need to be united. But does that mean we just accept people abusing EB1?
    Dont you think it is unfair to people who have waited for all these years?
    If more people start abusing EB1, then there will be no visa numbers for EB2/EB3.
    When EB1 abuse is stopped, It may not get all of us GC, but atleast some of us could get GC.

    We need to fix the problem of too few visa numbers available to I/C. If the waits in EB2/3 are not long, there is no reason there will be any significant abuse of EB1 visas. You are targetting a mosquito and ignoring the elephant in the room.





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  • villamonte6100
    12-14 02:22 PM
    I still dont see any discrimination on the existing laws. The number of visas divided equally to all countries.


    If no one (including the Govt.) is allowed to discriminate based on national origin then how can the Govt. discriminate on EB Emigration based on national origin ?

    I think this is a fair question and most Americans in my work place agree with me. I don't know if we will win the case or not but if we win we can get

    1) Removal of country based quotas
    2) recapture of Visa's lost due to country based quotas

    If we lose the case we will at least get more attention of the national media, it's up to us how we manage the media attention and have a positive effect on the popularity of our cause.

    IMHO taking the opinion of the best attorney on constitutional law can not hurt. :)





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  • eb2waiter
    05-09 05:17 PM
    what I meant was... you can reevaluate your situation from India.
    Since there is nothing there in Canada anyway.

    This is from personal experience. I went through the canadian PR also and now have lost it. I have some friends in Canada and India who had to move because of failure to file for GC before 6yr H1. My view of Canada and other feedback is

    It is not a first world country as they want you to believe.
    The cost of living is very high though the salary is very low.
    Cost of goods is almost the same or most of the time higher than in US.
    Medical is by state (where applicable) but doctors are not good and the wait time is large.
    Taxes are very very high.
    I can go on and onnnn...

    My advice which will save you almost 3k-6k is dont do it if you are waiting for GC. Else you can do it at a short notice. The other options are, if you dont like 5year wait time from India, is to come back in H1 to the US and again reapply. At least this way you know how your GC turned out.

    ---DISCLAIMER: ABOVE ARE MY VIEWS ONLY AND MAY BE FALSE---





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  • Legal
    07-24 07:10 PM
    Have some more comments from Atty Ron. Might be interesting to discuss if already not brought up.

    "Some thoughts on India E2 movement over the next two months.
    More and more, I see people posting messages containing the unspoken assumption that since the Indian E2 cutoff date has moved forward, it is likely to move forward further in the coming months. This is a false hope.

    Even with a cutoff date in early 2003, the CIS has sufficient inventory of Indian E2 adjustments on file to use up the remaining inventory of E2 visas for this fiscal year. The reason that the Visa Office advanced the priority date is to move it up to the point where overseas consular posts can take up the slack left by the CIS's inability to close out enough cases and avoid wasting visas this year.

    The CIS inventory of pending cases is massive. If there were no quota at all - if everyone were suddenly "current" - and no new cases were filed after today, it would still take the CIS four to five years to close out all of the pending cases that they already have in their inventory.

    Overseas consular posts maintain inventories of cases as well. When the priority date for a particular case starts to edge forward and it appears that the applicant may become "current' in the not too distant future, the applicant is told to submit all required supporting documents to the post or the NVC. When this is done, the applicant is reported to the Visa Office as being "documentarily qualified." This means that the case is in a position where an immigrant visa can be issued to the applicant as soon as a visa number becomes available.

    The inventory of documentarily qualified cases with current priority dates at a consular post never exceeds that post's ability to process all such cases within sixty days. Consular posts have very high bandwidth processing capabilities. No matter how many cases become current, they are able to process all of them within sixty days.

    The reason that the Indian E2 cutoff date has moved forward is that the Visa Office fears that the CIS will not be able to adjudicate enough adjustment of status applications to exhaust the annual quota. They have advanced the cutoff date in order to make more cases overseas eligible for final processing.

    This means that overseas consular posts have exhausted their inventories of Indian E2 cases with priority dates earlier than 2006 and the Visa Office had to move the cutoff date forward in order to make more cases eligible to be closed out.

    This does not mean that the CIS has closed out all of the pre-2006 cases pending in their inventory. Far from it. When the new fiscal year starts, Indian E2 is likely to retrogress back to late 2002 or early 2003. This is roughly the point reached by the CIS in processing their inventory of pending cases.

    Please understand that this is a temporary phenomenon and due entirely to the difference in the processing capabilities of the CIS and the overseas consular posts.

    I hope this clarifies matters."


    I am curious and have a few questions:

    1. What was Ron Gotcher's prediction (if any) BEFORE the Aug bulletin came out??

    2. In his long post above, he elaborates on one single theme- to avoid wastage of visa numbers, and since there are some CP cases which could be adjudicated faster, USCIS moved the dates. ABSOLUTELY NOTHING NEW HERE, everyone knows this. He is entirely silent on (a) the ACTUAL number of EB visas available for this fiscal year, (b) spillover from unused FB quota

    3. He is entirely silent on vertical spill over policy changing to horizontal spill over policy. Even without spillover, some minimum numbers will be available in October for EB2-I from the new fiscal year's quota.

    4. He is not giving any credible explanation on why the dates will move back to 2002-3 despite declaring there is a massive inventory? What are the numbers he has on this massive inventory? If there is such a massive inventory of pending EB-2 cases, and every one knows this, no one will be speculating like this.



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  • gcdreamer05
    03-27 12:00 PM
    How about rajinikanth, vijaykanth, kamalhasan..........

    Amitab bachan, hrithick, shah rukh..............

    If Imran khan has come in to politics why not Azharuddin ?

    We can keep guessing but you know who is the right guy ,

    Abdul kalaam (can a president become a prime minister too again or something will limit him not to).

    Or deport bobby jindal there and make him india PM so that he can release statements about US from there :D:D:D





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  • akred
    02-15 07:26 PM
    My point is that the immigration laws of the United States were racist until the 1952 INA act. They specifically placed quotas on people based on the color of their skin. Today's restrictions, while bizarre, unreasonable and unfair in many ways, cannot be defined as racist.

    Sure it is. Check the UN definition.

    http://www.unhchr.ch/html/menu3/b/d_icerd.htm

    ...any distinction, exclusion, restriction or preference based on race, color, descent, or national or ethnic origin which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of human rights and fundamental freedoms in the political, economic, social, cultural or any other field of public life.



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  • ebizash
    07-27 02:35 PM
    Nobody is misguiding anyone. Talk to your lawyer and find out. Amway doesn't offer you employment.
    What you get is 1099-MISC the same you get for your stocks and investments. Talk to your lawyer and find out.

    Stocks and Investments get you 1099-Div... and that income is not reported on 1040 under Business Income.. Dividends and Interest incomes have their own line items on 1040 (Lines 8 and 9)...The business income is reported under line items 12 and if one makes enough money from the business then there is Self Employment tax - SS and Medicare taxes (Line 56). This is the line item that might get one in trouble with USCIS..You obviously have not filed 1099-MISC yet which tells me that you don't make $600 a year from Amway yet..otherwise you would have gotten a 1099-Misc

    -------------------------
    1099-A: acquisition or Abandonment of Secured Property
    1099-B: Proceeds from Broker and Barter Exchange Transactions
    1099-C: Cancellation of Debt
    1099-CAP: Changes in Corporate Control and Capital Structure
    1099-DIV: Dividends and Distributions
    1099-G: Government Payments
    1099-H: Health Insurance Advance Payments
    1099-INT: Interest Income
    1099-LTC: Long Term Care Benefits
    1099-MISC: Miscellaneous Income
    1099-OID: Original Issue Discount
    1099-PATR: Taxable Distributions Received From Cooperatives
    1099-Q: Payment from Qualified Education Programs
    1099-R: Distributions from Pensions, Annuities, Retirement Plans, IRAs, or Insurance Contracts
    1099-S: Proceeds from Real Estate Transactions
    1099-SA: Distributions From an HSA, Archer MSA, or Medicare Advantage MSA
    1042-S: Foreign Person's U.S. Source Income
    SSA-1099: Social Security Benefit Statement
    SSA-1042S: Social Security Benefit Statement to Nonresident Aliens
    RRB-1099: Payments by the Railroad Retirement Board
    RRB-1099R: Pension and Annuity Income by the Railroad Retirement Board
    RRB-1042S: Payments by the Railroad Retirement Board to Nonresident Aliens
    W-2G: Certain Gambling Winnings
    -------------------------------------

    I sincerely hope that it works out for you as it does for a few..





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  • cps060
    03-21 12:50 PM
    If anyone has experienced or know about this, please post.



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





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  • vinrobo
    07-21 01:56 PM
    I had my first encounter 10 years ago while in India. Escaped the scene and felt bad that time about it.
    But now I have become good at it and just let them politely know about my policy of not "owning a business".



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  • ksircar
    08-21 09:43 PM
    My daughter's current AP is valid till 10/3/2008. She has applied for AP renewal and finger printing is done. Now she needs to attend a course abroad starting later this month and will return to USA on 12/13/2008. Can she leave USA with current AP and return using new AP?

    Please advise.

    Regards.





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  • JunRN
    02-12 07:14 PM
    We are all expecting that the VB will go back to June 2007 figure...it looks like that RoW has been so fast in getting the latest PD back which could come in a very few months time.

    I was not expecting this to come too soon but in June 2008.



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  • samay
    07-28 04:05 PM
    I am in my sixth year on an H1-B expiring Sept 13, 2008 also noted on I-94. My attorney will be applying for an H1 extension based on an approved I-140 and pending I-485. They are also applying for EAD and AP renewal (expiring Oct 2nd, 2008). I am currently in EB3 Worldwide with a PD of Oct 2, 2006. I will need to travel outside the country on Oct 2nd. My H1-B will be pending before but not approved by Sept 13th. Can I still re-enter on a pending H1 extension or will I have to switch to EAD/AP assuming those are approved before my Oct 2nd travel date? Thank you for your time.

    It is not recommended that you travel during the pendency of your H-1B extension.





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  • unitednations
    02-14 04:00 PM
    The entire discussion by EB3-ROW guys want to preserve those recaptured unused numbers in 2000 only for EB3-ROW for ever. As I mentioned earlier, the purpose of that recapture is to eliminate backlog in 1999. India and China were only the two countries backlogged at that point. USCIS could do that job only in 2005. You guys want a controlled allocation of recaptured numbers for years and years with the simple intension of EB3-ROW always should be current. I understand that urge. However, you guys forget the reality. EB3 demand is huge due to 245i. The real demand for EB2 always very less. (The real demand for EB2 is when EB3 were current). Now everyone is going to EB2. I feel that is the reason why EB2-India and China getting penalized as DOS took the law in their own hand. Now EB2 guys are victimized. Do not blame India and China took more numbers. The real fact is EB3-ROW is enjoying with the expense of EB2.

    Furthermore all this mess is due cumulative results allowing 245i without increasing visa numbers (this is major one), failure of DOL in processing LC in time, USCIS inefficiency, dealy in processing 485 due to 911, abuse in labor substitution, abuse of massive filing of GC by body shoppers with out a bonafide permanent positions or ability to pay, opening a firms in fast labor processing states just to file GC etc. The list for this mess is end less. No one wants to fix that. If they fix everything, there will be less demand for EB3 visas. Furthermore some thing can not be fixed. One can not request/litigate DOL or USCIS to process the LC or 485 fast. Therefore, everyone in EB3 has to wait. Other option is to educate the law makers the problems due to this mess to fix those. Everyone wants CIR/SKIL bill and no one wants to fix the current system and abuse. So, one has to wait, wait, wait..


    I have come across many people in the last few years from all sorts of countries. Russian, Korean, African, British, Brazilian, Colombian, etc,; although everyone wants their greencards yesterday; it appears to me that the indian nationals are the most hungry for it. It is a generalization but I am just speaking from my experience on this.

    How do you know what the "intention" was of the lawmakers that recaptured visas are supposed to go to the retrogressed countries. If that was the case they would have gotten rid of the 7% limitation along with the recapture.

    Most people who come on h-1b are Chines and indian. There was also close to 200,000 visitor visas approved in 2005 from India. Makes sense because there is a lot of population there. However; it would be short sited to think that there are minimal 245i applicants from India. There actually is a very large number of them. The biggest status violators are people who come on visitor visas from non visa waiver countries. The status violators either get greencard through marriage or through 245i.

    Although as a business person I look at skill rather then nationality; I do know enough about immigration that there is a good purpose behind country limits. Foreign nationals will prefer their own people for h-1b; they will look for their friends, cousins, brothers, sisters, wives, relatives, etc. and bring their own country people here. Therefore, it is not an "open market" on skill people from all parts of the world. The country quota is the equalizer because of this.

    The cultural aspect of south asians is also hurting retrogression. Most people who come here on H-1b are out of school and generally single. People from non south asian countries or muslim countries will find their spouse here. However, someone on h-1b from south asian country or muslim country will get arranged marriage after being here for 4 to 6 years and then spouse gets counted against the quota at the expense of a skilled worker who may have had a later date. I a m not saying this is wrong because it is a cultural issue but is confined to certain countries.

    Regarding eb2 and eb3. This is also something that is quite comical. This is an area where immigration law hasn't kept up business practices. Pre H-1b you got greencard upon initial entry into USA. Department of labor rules were that you couldn't use the experience gained by your sponsor. It was never envisioned that people would come here on h-1b and hop/skip between employers. It has caused an end run around what the DOL rules were supposed to be. You shouldn't be able to gain experience in USA and then use that unfair advantage to knock out an american for that job. EB2 and EB3 differentiation would go away if you couldn't use the experience gained in USA. Just about everyone would be in eb3. Anyone who is here on h-1b generally already has or will have 5 years of experience and can go right to eb2.

    People who are working at companies which aren't dominated by immigrants would have a difficult time satisfying themselves that the job requires a bachelors degree plus five years or masters degree. However; if you work at a staffing company you go straight to eb2 because that is what is needed to keep you there (remember, it is supposed to be the minimum requirements for the job). If software engineer or programmer analyst minimum requirement is masters or bachelors plus five then company is saying that is the "minimum" job requirements. However, if it is the "minimum" requirements then how are companies getting people here on h-1b who only have a bachelors degree?

    Although people like to say "immigration system is broken" it can mean two things. From greencard wannabes; it is too much red tape, not friendly enough, etc. From other side it is broken because it is not being used as its intended purpose. You can mark my words that if/when rules are relaxed on h-1b or quota; you will see a whole bunch of enforcement with it. It actually is already happening at the consulates; department of labor and revocations of 140's by companies who are sponsoring too many people.



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  • Pineapple
    12-14 02:27 PM
    Nope. UK and Pakistan would then join the club of India & China. ROW is an artificial construct. The reason USCIS posts priority dates for India, China, Mexico and Philippines separately is that applicants from these countries are typically, and especially over subscribed. ROW countries are just countries which are not typically over subscribed in the EB category.

    O.K. Forget for a moment about IN,China,MX and Philipines. Let me understand the "Quota" witihin "ROW"

    Example: Britain, Pakistan.

    Let's say next year tons of nationals of Britain Choose to apply under EB.
    Let's say total is more than 7% of Total 1,40,000 limit.

    Is that allowed?

    Same question for Pakistan...





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  • swethanjit
    07-09 07:29 PM
    Dear Sir / Madam,

    I am currently on OPT which is valid till July 2009. Also, my H1-B is approved through a company X starting oct 2008. Currently I got a job with company Y on my OPT. Can I continue to work on my OPT with company Y till July 2009? OR Do I need to transfer my H1B to company Y to be able to continue to work after Oct 2008?

    Regards
    Swetha.



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  • at0474
    12-14 05:34 PM
    The difference between your idea and mine is your thinking is still stuck in the 16th century. He is Indian, he is Chinese, he is Mexican etc, while I see everyone as human beings. There lies the difference.

    --Oh homo sapien!! What was my idea again? Where did you get 'my idea vs your idea' from? I did not propose that country cap be enforced.

    EB Immigration is just 12% of all immigrants. How can it affect diversity of the country? With all the country quotas in place,

    --What if 10% a year from one country continues for few years...

    US is becoming hispanisized with Hispanics slated to become 25% of the population ! So much for the much touted 'diversity' !

    --There are several factors influencing high hispanic population in this country. I am not sure what the link is here?? If the system is failing to ensure diversity, let us do away with it completely...





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  • cableman
    08-30 10:53 AM
    I would recommend you to search online such as http://www.monster.ca and apply for some positions. This is the only reliable way to test the Canadian job market. If you get positive responses, it tells you that your skill set is indeed in demand. If not, you should think twice before moving. Since Canada and US are next to each other, you can probably be able to go for interviews and to secure a job before moving. This way, you are sure that you will have a job when you move.

    One reminder. Don't expect their jobs can pay you as good as what you are getting in US. The upside is the living standard is relatively lower in Canada especially compared to big cities like NYC and San Francisco. Also, you will have more vacations and no more worry of GC retrogression.


    I did the PR Canadian immi. myself and got the approval. The process is straightforward . However, I hesitate to go there . From what I heard is diffucult to get IT job.





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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.





    gimmeacard
    08-02 01:07 AM
    Any ways, it is not going to stop me from having fun here. Any body with more interested stories to keep people informed and entertained till they get gc. Too much predicting would kill the mood. To be motivated u need some fun too.


    so i got tricked this time, in checkout lane met some guy with his kid, started chatting casual nuthing on those bombay guy or other stuff which amway uses, finally he stated that he knows of some folks that have their business here in fremont,ca he is planning to see how they operate, i assumed business means some store related or so, since he didnt seem like an IT guy .

    next day get a call, i ask him if its quickster, n he says u heard of it...why wife started laughing @ me, saying u got tricked this time, normally i wud recognise these guys in 1look





    bfadlia
    02-15 05:58 PM
    Can't you understand the meaning of fair shot and equality ? Let people apply in FIFO . Don't tell me what US wants ? No one has a clear idea of it.and suddenly people like you for your personal interests have started opposing IV's skill based initiative because your dates moved a little ahead and supporting existing discriminatory laws. What will happen when they retrogress again to 1999 next month ? What will be your stand then? Did you come to IV rally ? Probably not because you think of your personal interest and have nothing to do with the big picture.

    No. I can't understand fairshot and equality when major bodyshops from a certain nationality flood the market here with people from that certain nationality, u keep ignoring that and coming back to the stupid suggestion that it's only because u have more talent
    suit urself, anyone who argues with you reasonably, tell them they are wrong and make assumptions about their motives and insult and alienate more members of your organization
    good luck