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  • BharatPremi
    10-25 04:45 PM
    what is definition of "canadian business".

    Ans: The company originally set up in any province in canada.

    - May have business interest/setup in other countries in terms of
    branch/subcidiary or partnership with other compny in otehr country.
    can we extrpoltae your suggestion little bit more or is it asking for
    too much

    1. once you have PR ask your wife to open a company A.
    2. As a employee of company A you can come over to USA while maintainig your PR status. You should still be considered to be covered under candian business wanting the employee to work on international projects..

    can this theory fly...all this assuming no EAD filling in near future

    Ans: Keys: 1) companies MUST be set in both canada and US

    2) For investing you need not to be resident. This is true for both
    US and Canada.
    3) For filing GC you MUST be an employee. IF you are investor
    you can not file GC under your company
    4) US GC is very lengthy process. How you can make sure your
    employment for around 7 to 8 years? So considering this and point 3, convince your wife to set the business both in Canada nad USA.

    - Since you can not become investor to achieve US GC ( Considering to apply through Employment category .. which is cheap cost option), make
    your wife a boss and let her run business. You become an employee in Company A (Canada)set by her. Tell her to set company B in US. Tell her to find the project in US. Let her tell the client (USA) to go into contract with company B. Company B's owner (Your wife) will make a contract with Company A ( Here also your wife is an owner) for the position at that client. Being an employee of company A ("Canadian Business") your employer (your wife) will put a TN visa request to the consulate showing USA's client (comany B) business need. Upon approval you fly to USA (Now your wife is your family so wife will also fly with you) for starting a job. You will be considered "Physical Resident" of Canada as "Canadian Business" sent you to USA for business need. Now after some time tell Company B ( Owner: Your Wife)to file US GC application for "Future Employment". As long as you keep getting valid project work in USA, now you will be in a position to stop counting years of GC process. You will be able to maintain Canadian PR , can become Canadian citizen after 3 years and wait for US GC coolly. Ofcourse every year TN will have to be renewed.

    Possible flaws in theory: 1) Double taxes (In Canada nad US) ( Will require some research and good advise from Tax expert from both in Canada and US)
    2) May affect TN renewals adversely !!? ( No idea.. suggestions welcome).

    To me this way of thinking seems to be perfectly legal.. But I think we should better ask some good professinal lawyers who are experts for both Canadian and US immigration.





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  • sk2006
    08-16 04:11 PM
    Well, explain to me, if an american celebrity, such as Brad Pitt or George Clooney is detained at IGI for 66 mins, taken aside for secondary in another chamber, made to wait,

    if robert gates (defense secretary), is asked to remove his shirt

    if ex president bush or clinton is frisked for secondary, would that be acceptable to americans?

    NO. We agree on the answer atleast. Do people in India have to KNOW them?

    Question is why such things are not done in India?
    Answer is: The security system there is like Swiss cheese -- Full of holes.

    They would by pass the rules for celebrities!
    Why do you expect USA to do the same?





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  • lost_stranger
    10-10 03:13 AM
    While it is a good idea to educate the congress regarding the impact the EB Green Card applicants could have on the Housing Market. It is a terrible idea to propose a legislation which would offer GCs to applicants who would purchases houses in US. To put it bluntly, the legislation seems to be meant for selling GCs to applicants who are in a position to afford it, offering GC to applicants who will invest in housing market is akin to giving out GCs for cash and there is already a category for that. How would one factor in the CP applicants like nurses and PT who are waiting in their home countries?
    The idea should be modified to spread the message regarding the positive impact that the EB GC applicants could have on the housing market and not to create a niche category of EB applicants who can purchase their GC to scoot ahead of other less fortunate ones. This proposal should be nipped in the bud before some anti immigrant group or advocate like Lou gets wind of it.





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  • GC_1000Watt
    09-17 02:45 AM
    I am not sure about completeness and authenticity of the data, But i've found this perm data. Its Access database, where Country of chargeability is included too.

    FLCDataCenter.com (http://flcdatacenter.com/CasePerm.aspx)

    If everybody can search for their repective years of Labor and confirm the completeness of the data, then this will be very helpful for data crunchers. :)

    I could not find my labor details on the file. BTW what does the "CERTIFIED-EXPIRED" case-status mean?



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  • tikka
    07-03 11:16 PM
    http://digg.com/politics/Rep_Lofgren_Issues_Statement_on_Updated_Visa_Bulle tin

    http://digg.com/politics/U_S_Withdraws_Offer_of_60_000_Job_Based_Visas_Ange ring_Immigration_Lawyer/who





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  • pnara2
    01-05 06:05 PM
    Yes, this discussion is not needed on here! Let us focus on immigration related persistent issues!



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  • PlainSpeak
    01-13 12:54 PM
    Do not overanalyze any bill- All these bills are mere drafts until they come on floor for debate, and even after that they go thru amendments, rewriting, and the final bill comes out in most cases to be very different from the original. Even after the bill is passed in both houses, the committees that are responsible in reconciling the bill will tweak it and fine tune it.
    This means that even good provisions can be deleted at any time during the debate, thru an amendment lobbied by the antis- if the EB Community is not vigilant.
    To give you an insight: In Dec 2005, there was a line item in a bill that would have recaptured visas for EB applicants, the bill was passed � and at the last minute this provision was deleted.


    IF you read through the provisions and the paper that IV created for lobby days in July 2010- Each one of the provisions and the underlying text that IV is asking for has been written with clear understanding of the issues EB applicants face- It is written in a way that if incorporated in any of the bills as an amendment- will give fair and balanced numbers to all categories -EB3, EB2.

    So, regardless of which bill (Immigrant friendly) comes on the floor- IV will lobby to have this package included as an amendment. Or IV will lobby to get this inserted into the main bill.

    So- Please, do not get worked up about EB3 vs EB2. OR India vs China vs World

    The real work is to be vigilant about what bill has the chance to come on the floor and then lobby to get the amendments included.

    There are bigger issues for our community- Not one immigrant friendly bill has come up for debate in the last 4 years (exception is the dream act). And here the IV Community is debating and fighting about provisions about one of 100 bills that might never see a chance on the floor.

    The big battle is to advocate and lobby at grassroots to get a bill to come on the floor- persuade lawmakers to be cosponsors for a bill that will help us, and then when the bill is up for debate, we can talk about what we should include as amendments or insert in the main bill to make it fair for everybody.
    Mr amitjoey yours is the first sane reply to my comments till now. I like your style. And yes there is no sense sighting till the actual bill is tabled. What concerns me is the wil lof IV to do something right for a change. As i said in the inital post (which was long by the way, but sorry i am through in everything i do) the chances of the bill getting debated far less passing is so less it makes no sense to fight now. So all we have right now is dicsussions where me as concerned party in this matter have come up with an idea. Now an idea by definition is just that. begeneining. It might work out it might not work out but it has to be discussed through and that i all i was loking for, but unfortunalty some EB2 members on this forum got abusive and have now come to a level where they are lying about receiving nasty IM from me

    As to your statement
    There are bigger issues for our community- Not one immigrant friendly bill has come up for debate in the last 4 years (exception is the dream act).
    I would humbly beg for some clarification because If not one immi friedly bill has come up for debate in the last 3 years what justification is there is the IV charter statement that we will fight for removal of country quota and recovery of unused visa. What chances are there that these 2 items wil be debated and be part of any immi friendly bill in the future

    I am not sure if you have gone out in public recently but this country has become a lot less immigrant friendly for various reasons beyound the scope of this forum but nevertheless a lot less immigrant friendly





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  • ryan
    08-17 01:56 PM
    Why do you think he is talentless? Just because he is not an ivy league or not a doctor? He is extremely talented. .

    Due respect Chanduv23 - I believe there are a million and more who've done better and fought tougher battles. I'd think some of them are here on this very forum. I may not have had an opportunity to grow up in India - however, I'm pretty sure - in fact quite certain, the sort of b'wood trash dished out, is nothing representative of Indian culture and ways of life. Most of the stuff encourages ills of American pop culture and feels desperate to the point of being foolish wannabees - and you know what's really sad -- that people from a nation with such incredibly history & culture need the feel to ape ills of American pop culture and the likes. As for Shahrook Khan - the man CAN'T act - unless you think some sort of speech disability, lip-synching songs (sung by folks with actual talent) and running around foolish women in skirts is talent and form art?! I wish the admins would remove the silly post from the forum.



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  • add78
    01-22 05:40 PM
    I got the below email from multiple friends. I don't know what is the source, who wrote this analysis because there is no links. I did NOT mean to spread the fear. Just sharing the contents unaltered.

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

    How this memorandum relates to the recent deportation events from NY and NJ airports?

    There seems to be an anticipated link between these 2 events – Memorandum and recent Deportations – kind of an indication about the current level of government scrutiny and seriousness of the H1B program. Hence, there have been advices by others that – each employer and employee should operate by strictly following the H1B program requirements.

    Please don't spread rumors or chain emails clearly written by antis or h1b haters who want to instill fear among the consultants working at client site. If you read the memo correctly, at the bottom it clearly states that it should NOT be used by CBP as a means of removal proceedings.





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  • sledge_hammer
    01-14 02:01 PM
    A vrey very valid point!

    don't you think. AC21 (the famous Yates Memo) is also a memo. People expect USCIS to follow it though.... :o



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  • Lasantha
    02-12 02:08 PM
    Yeah, Tell me about it!!!

    Just two more months and mine would have been current!!!!

    correction: EB3 ROW = 01JAN05 !!!!!!!!!!!!!

    OMG!!!

    Just 1.25 more year and I would have been current! Damn!!!!





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  • logiclife
    01-29 12:21 AM
    How do lawyers benefit from it? Thanks.

    Immigration lawyers have tendency to side with employers, not employees on the policies of legal skilled immigration. That's one reason.

    Another reason, even simpler is that labor substitution means extra business.



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  • sdeshpan
    08-17 11:03 AM
    The VIP culture and the sense of entitlement in India is sickening :mad: I would understand if George Fernandes had raised a fuss since he was travelling as a diplomat, but SRK is pure dung!! FFS, he is there only to promote his movie - like some one mentioned here, the world doesnt come to an end if he is delayed by an hour or if the movie flops or doesnt even see the light of day.

    You nailed it brother! SRK is just another moron who thinks he owns the world! All things being equal, there is no reason for him to get any special treatment at all -- he is no diplomat or a guest of this country. If there was something wrong with his luggage and/or profile that made the CBP flag him and question him, I don't see anything wrong with that. I can't agree more with you on the stupid "VIP" culture that sits deep in the roots of these glorified-beyond-reality idiots.

    And then there are people here comparing India and the US...what the heck! This is America and they can do whatever they like to keep it safe...who are we to say that our "star" deserves better treatment when they don't spare their own people? :mad::rolleyes:





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  • gc_samba
    07-17 03:23 PM
    Dear Attorney,

    I was hoping you could help or answer this question.

    My GC was approved last month after a very long wait time. Currently I am working for company B on EAD (not the GC filing employer). The question I had was can I continue to work for company B on a part time basis and join company A (GC filling employer).

    Company A has a 9 month probation period I am worried if i quiet company B and company A fire me later then I will be with out job.

    So I can work for company A (GC filing employer) full time and at the same time work part time with company B.

    So this way if company A does fire me during probation period I continue with company B on full time basis.

    Is this ok will it come to haunt me when I file for citizenship?

    Thanks

    Dev.



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  • mallu
    02-16 01:50 AM
    ......

    When a category becomes "Unavailable" it means that the entire annual supply for that category has been used up for that fiscal year (which ends Sept 2008). Given the degree of the EB-3 ROW retrogression, I very very much doubt there will be ANY spillover from ROW to India. At present, DOS plans to move EB-2 India only if EB-1 India has excess visas. The quota for for EB-1 India is 2803 (including dependents) in any fiscal year. So let us consider some scenarios -- say half the EB-1 India are available, so 1401 are given to EB-2 India -- do I think there are 1401 EB-2 India applicants with dependents ahead of me -- average family size of 2.2 means approx 636 applicants? Yep! No doubt about it! Hell I'm sure that there are 2803 EB-2 India applicants ahead of me.

    ....

    Suppose the admin fix to recapture 'lost' visas is a success. How many will India Eb2 get out of that ? May be 5000 ?
    One really needs to know the number of India Eb2 applicants pending in each year ( of PD ) . If it iturns out , say , there are 25000 I-485 applications with PD up to year 2002, then ?!
    Will a USCIS customer service rep be able to help us with this question :
    "Sir/Madam how many India EB2 applicants are waiting , with PD earlier than mine ? " .





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  • unseenguy
    08-17 02:38 PM
    Read this before you pass comments. Even Al Gore (VP) and Ted Kennedy have been detained on US Airports. Who the hell is SRK? and just because he is an actor and looks all goody goody, you have all the sympathy. Would you have it for Mulayam/Lalu, if they had gone through the same ordeal?? No, then you would have laughed and said they ought to be. Would you be protesting the same way if Musharraf was being frisked? you wouldn't.

    So in the end you are one biased person. You cannot take a justful decision, your decision is based on who is it for. :rolleyes:

    Would Khan have fared better as Kennedy? - US - World - NEWS - The Times of India (http://timesofindia.indiatimes.com/news/world/us/Would-Khan-have-fared-better-as-Kennedy/articleshow/4899589.cms)

    This does not make any sense. If X was detained Y should also put up is not a rationale argument. Also Home land security chief apologized to Kennedy and Gore. He did so profusely.

    So ..... who is going to apologize to Shahrukh , Kalam and George Fernandez?

    If a similar tit for tat system is set up in India, how many americans would put up with that system?



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  • sapota
    02-12 12:54 PM
    http://blogs.ilw.com/gregsiskind/2008/02/house-dems-to-p.html

    Good strategy. Need to make sure all EB provisions are still intact in these reforms targetted for spring & Summer of this year.





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  • gc_on_demand
    09-17 11:24 AM
    On a ballpark, EB2-I has demand for about 50K immigrant visa numbers. Last year we got 25K. I am assuming we are going to get the same number this year too. So that cleared entire 2004.

    Next year the situation may be different, because demand from other countries is less, So we could see a bigger leap and might put us in early 2006 by end of FY10. FY11 may not be that nice when economy starts improving. We could be back to square one.

    Bottomline, Without a recapture, EB2I/C will not make much progress. EB3-Worldwide is only a place holder in the very long line.

    IV members need to concentrate on the recapture, filing AOS after I140 is approved, visa stamping within USA to make our life easy.

    Only thing we can do is grassroots advocacy. Which may take few years... I don't have hope that in CIR we will be huge getting benefits ( Because of Antis and Some Dems like Senator Durbin ). Also Chances of any piecemeal is very less because of Hispanic caucus.

    Only thing left is Administrative fixes. who can give us temp relief. Like Mr Bush did for TN visas.





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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!





    sundevil
    05-29 02:48 PM
    I agree with your ultimate conclusion that we need legislative changes, but I am with complaining about fraudulent EB1 apps. Every fraud starts off small. Even this applying H1B without a job and then sit on the bench for a few months and find a job was started as a few thousand at one time. Now it is a fraud monster, we have learnt to live with.
    I for one believe changing EB3 to EB2 is not even in the same ballpark as EB1 fraud, most people in EB3 are deserving or will become deserving EB2 while waiting. But EB1 fraud is straight up that, FRAUD, even labor sub takes a distant second to that.

    :) he did say hope is on the way...but forgot to say which way or he was try to say what would hope's tombstone read...

    Here lies HOPE...it was IN the WAY :rolleyes:

    to the others who are bitching and moaning about EB1's, a few months back we were worried about the EB3 converting to EB2..before that we were worried that EB3's were getting more visas than EB2's and so on.....we will keep fighting about the handfull of misallocated visas or work towards recapture. The most important thing from Murthy's letter is that USCIS has started preadjudicating 485 which simply means that there are ton of people stuck in this mess who are waiting to be approved... a handful of visas is nothing...lets all unite and work towards recapture.





    logiclife
    06-28 06:59 PM
    My lawfirm just sent everyone an official memo stating the possibility of retrogression sometime in July and that they are working overtime to get all the cases filed at the earliest...They are saying that there is no guarantee that the 485 application will be accepted if DOS decides to retrogress dates in July....

    What a nightmare these current dates on July bulletin are turning out to be. Instead of feeling relaxed, I am frustrated. I wish I had fired my lawyer the day the bulletin came out and done everything myself. I could have been ready now with fedex packets. The thing is, you dont want to start picking fights with everyone especially when the lawyer is not even hired by you but hired by company's HR department. So I kept quiet and was prepared to see my application go out on the 25th. And now, after denying that "it wont happen, it wont happen", all the lawyers are suddenly doing a flip-flop and saying "Oh, by the way, anything can happen". WTF ???

    ARRGHHHHGGGHHH !!!!!!!!!!!!!