Saturday, July 2, 2011

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  • ganguteli
    06-24 02:49 PM
    ..I am waiting for the punch line. What's the point of this? We all know it...

    Same wine in a new marketing bottle by another lawyer.

    Tell us something we do not already know.





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  • pamposh
    12-14 03:27 PM
    So that interprets to "7% limit for every country" - seems to be "Equality"

    does not seem "Equality" at all, not to me.

    as most of us here, I think this is something we should explore. I think this is a complete discrimination and if US wants to limit/diversify within EB category as well (which I think is absurd to start with, because this is employment based, all that should count is your credentials/education... ) then it should be somehow proportionate to the country size/population as well.





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  • helpful_leo
    07-28 07:20 PM
    Hello there

    Thanks for your service.

    I needed to ask a very specific question about extending a B-2 visa towards the end of a six month stay for my mom; specifically if she becomes out-of-status during the duration when an EOS application is pending, if the EOS is subsequently denied; and if this (i.e. subsequent denial) voids a multi-year multiple entry visa? I am finding conflicting information on the internet even from USCIS sources about whether or not 212(g) applies when an EOS application is pending.

    Thanks for your time.





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  • lazycis
    12-13 01:07 PM
    Here is what the Supreme Court said:
    http://supreme.justia.com/us/426/67/case.html

    "The fact that all persons, aliens and citizens alike, are protected by the Due Process Clause does not lead to the further conclusion that all aliens are entitled to enjoy all the advantages of citizenship or, indeed, to the conclusion that all aliens must be placed in a single homogeneous legal classification. For a host of constitutional and statutory provisions rest on the premise that a legitimate distinction between citizens and aliens may justify attributes and benefits for one class not accorded to the other; and the class of aliens is itself a heterogeneous multitude of persons with a wide-ranging variety of ties to this country.
    In the exercise of its broad power over naturalization and immigration, Congress regularly makes rules that would be unacceptable if applied to citizens. The exclusion of aliens and the reservation of the power to deport have no permissible counterpart in the Federal Government's power to regulate the conduct of its own citizenry. The fact that an Act of Congress treats aliens differently from citizens does not in itself imply that such disparate treatment is "invidious."
    ...
    The real question presented by this case is not whether discrimination between citizens and aliens is permissible; rather, it is whether the statutory discrimination within the class of aliens - allowing benefits to some aliens but not to others - is permissible."

    The SC concluded that the statutory discrimination within the class of aliens is permissible.



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  • logiclife
    05-10 05:04 PM
    I am talking from a broad perspective, not IV's goals.

    IV never had a goal of asking for a points-based canadian model of EB immigration or asking for self-petition system where EB applicants apply for greencards independent of employer. Even if we want and ask for it, it would never happen - for the very reasons I mentioned above. Firstly it would oversupply the workforce with people who may or may not fill jobs and secondly the protection of native-born cannot be achieved without employer-petition that involved labor cert.

    So politically, its almost impossible to get rid of employer-petition for all EB applicants. Maybe STEM/PH.D etc candidates will get a shot at such a provision in near future, but not everyone.

    And like I said, the current system has its problems but point-based self petition is not the answer. And we are not singing a new tune. We are working hard beyond our capacities to get the same amendments introduced again that were introduced on April 7th by Senators Brownback, Alexander and Bingaman.





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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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  • blueyonder
    05-02 10:14 AM
    1. This is not a political forum ... this discussion has to stop, so does the killing in SL.

    2. There is so much hatred between SL Tamils and Singhalese ... pls see the videos on you tube, rediff etc and the comments ... it like a cyber warfare and the posts contain so much hatred between both sides. No wonder there is so much killing and disregard for human life in SL now.

    3. People get confused between LTTE and Srilankan Tamils they think they are the same ... Srilankan tamils are facing humanitarian crisis and some people consider raising voice against this crisis is supporting LTTE.

    4. SL may be a different country but the Tamils living in India have interest in them and their welfare. This has to be recognized by the Indian government if it values the interest of its people. (Its a dont care situation ... and the apathy is growing in Tamilnadu that they are alienated)

    5. There is no expectation from any other Indian other than a Tamil Indian to have interest in this issue unless it was on a human grounds.

    6. This cause belongs to Tamils and only Tamils can solve this issue, Indian government is a union of many states and languages and there is oneness of being an Indian if the issue is of interest to the rest of the union. Now it belongs to a <10% Minority (Tamils) so it stays as a Tamil issue. Rest of the Indians don't care if it is happening in SL or Uganda.

    We have a oneness in this forum because we all are waiting for GC and nothing else holds us together. Lets stop this discussion now .... it doesnt take us anywhere.





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  • vagish
    05-09 09:46 PM
    Did you get a job in US before you came to US. Most probably not.
    There are a lot of people who come to US blindly like students or consultants. They also landed up jobs (doing what they were meant for and not as cabbies or as janitors) and built careers.

    There are no or few body shoppers in canada because there are only a few shops :-D

    For the majority this is true in US. This is what land of opportunity means.
    It might be true for a few cases in Canada but for the majority it is false advertisement. Canada is not a land of opportunity. This is not a few of those who have been burnt talking. Try getting a job in Canada. Look at the salaries for yourselves.

    Folks am again telling this for your own benefit only. I have nothing to gain. I was not wise to do that. So thought I would guide the poor wandering souls here. Dont waste your dollars in Canada PR when you have US GC pending. It will do you no good.

    I wont post on this thread again :)

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

    I disagree, I have friends who are DBA's ( oracle and DB2 ) , I know he has been working for $85/hr in canada from the past five years, there are lots of insurance , financial bank in canada, and also for SAP consultants there are excellent oppurtunities in alberta ( HUB OF OIL COMPANIES ) , I know lots of people are driveing TAXI but some body with experience should not find it immposible. Another friend of mine from INDIA landed directly in toronto, with only 2 years experience in .NET , with in four months he got a job.

    So again if you do ur homework, you can settle down with ease in canada.

    thanks



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  • snathan
    01-15 06:17 PM
    Durbin/Grassley bill will check them also. But it will impact some good people also. We are opposing that because many of IV members may be impacted by that. Also most IV members feel that bill is conspiracy to eliminate h1b program. There is no easy solution for these issues. If they relax the rules fraud will increase and if they tighten it then some good persons also impacted. So the fight will go on forever. But economy will decide future of H1b and immigration. You cannot prevent restrictions if employment growth does not return to normal levels. But restrictions will not block H1b program but will bring best people in the world.
    Whether you like it or not...they cannot save the job by restricting the H1/L1B... simply the job will fly to offshore. First they need to fix the GC black hole� stop harassing people before they are enforcing the rules. Then no one needs to work for consultants





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  • captain
    03-26 01:18 AM
    Hello All,

    I have one question.My employer is pursuing me to go for labor substitution
    which is filied in Feb 2004.I got my H1 from Oct 2006.My skill sets and experience is matching with the orginal labor application.
    It is not approved labor, but just labor application(EB3 application).
    Can anyone tell me the time required to get name transfer on original labor application ? and whether it is beneficial to go for it instead of filing under PERM process.

    Thanks in advance

    Captain



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  • vamsi_poondla
    02-14 01:54 PM
    I am willing to contribute $10 to get solid legal advice on this and I am willing to contribute a lot more in a lawsuit IF and ONLY IF there is a strong legal basis for it.

    I appreciate IV for its efforts. Happy V'Day.
    I will contribute for legal advice if some leaders for this initiative steps forward with firm commitment. It may sound silly to put conditions like this. But if such a big movement is here in making all of us excited about the prospect of having a law suit, then it is a responsibility of those who initiated this thread to lead this effort forward.





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  • 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



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  • gsc999
    07-24 05:43 PM
    Just amazing. No wonder e'one thinks this is an Indian forum.





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  • walking_dude
    02-13 11:33 AM
    Amit, noble thoughts. But that's not how majority of IV members think. We have members who think $50 contribution per month is too much. There is considerable opposition to making IV a paid forum (with even nominal fees of $10 or $20).

    Do you think we can get 500 members ready to contribute $500 here? Create a poll on this and see, you'll be lucky if you get 20! Like Jefferson said "those who prefer convenience over freedom and liberty, deserve neither". We are bound to suffer since we aren't ready to act.


    I think every body who wants to have a class action law suit should commit for $500 towards the expense. Only when we have commitment for $500 with person name and contact info, then we should move forward with the idea of Class action law suit. We need 500 people to commit for this otherwise there is no point in moving forward in this direction.

    There might be some people who will be willing to pay money but not listed as participant, and visa-versa and we should have at least 500 people who are willing to pay.



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  • mundada
    07-22 11:05 AM
    USCIS recently added one more constrains on 2 year EAD (i-140 should be approved in case of concurent filling).

    My I-140 was approved more than a year ago. My I-485 was applied last July and hence was not concurrent filing.





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  • chi_shark
    01-25 03:06 PM
    so you are saying your benefits are not worth $12000? Then whose mistake is it that you parted with it?

    From the day I came to this country , I have spent around $12,000 on immigration including H1-Bs, filing GC, APs, EADs extra. Not to mention the traveling for visa stamps and whole other shit load of expenses. I guess most of people who paid for filing GC did spent same amount of money.

    Hell ya, Some one got to be benefiting from my $12000.



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  • BharatPremi
    07-13 11:14 AM
    Home appreciation in Canada is strong and sustainable. The recent anomoly of soaring prices in the US, all experts agree, was driven by loose lending policies, and the sorts of bad loans that are simply not permitted in Canada. As a result, they are now not experiencing the same depreciation that is being felt in many US cities.

    Housing prices in Canada do of course vary tremendously. And go through cycles. Vancouver is very expensive. Toronto is close on its heels. But to suggest homes don't increase value in Canada is perhaps the dumbest of the many dumb things you've said here.

    I mean here we are in the middle of what all economists argue is a gloomy US housing market and you try and come up with nonsensical criticisms of the Canadian housing market.

    Where do you get these utterly baseless comments? Use facts when you make an argument. They are more helpful to readers than rants without substance.

    Disseminate real information. Information that you can bring to light that may actually enlighten me and many others.

    Ranting? Well that's rather less helpful.

    That was a symbolic example. I meant to say that in Canada Housing is just meant housing not the investment. Here in capitalist market housing is never been a housing alone , prime motto to have housing is investment. If we might be debating this 3 years back on this forum ( In booming Real Estate market, yep, US GC Process was sucker then too :) ) you would not have anything against US real estate market to argue about. And that's the point. Housing market here too has cycles and if you wait out patiently you would have appreciation in a scale that normal Canadian may have to dream about.
    And that is the point. If lending industry seems to be loosely controlled to you in the USA then yes there are ways to deal with it. You have to learn them. In Canada, in your terms, so called "Good loans" has kept Canadian economy "Welfare economy" only. To progress dynamically any country should have economy to be able to have kicks in, and USA market has that capacity. Today you are ranting about bad housing in USA... agreed, but seeing your signature, it seems that you never want to leave USA and with your claim "to love USA", I believe you will still be around here for years debating with me.. (wait, let me go grab a cup of cofee.:) .. I also need "Dynamic Kick" to debate with you) , I will be able to show you how much appreciation average american can have on average home. Did not you hear NPR yesterday? Housing market is coming back. Now housing is always the prime factor in any economy and so I choose that example. More or less it is true for every industry except oil in Canada. And mind that this forum is not to prove where the housing is better and so I do not want to go into minute statistical detail but most people in Canada and USA except yourself would agree with me.





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  • boreal
    01-24 12:26 PM
    I think, it is too light a sentence for the crook

    hehehe, i dont think the sentence is too light - the US Prison system has so many jokes about the kinds of characters inside them...Hope this mandalapa guy gets a 'great' roomie - Once he comes out he would think twice about 'screwing' genuine GC applicants then - know what i mean??!!!!





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  • jkays94
    05-10 12:56 AM
    Do I have to go to a local police station and ask for FBI finger print card?

    can someone in detail tell me how this finger print/background check should be done in the US?

    Yes, although the State Police HQ, if nearby, might be a better choice since they routinely may do background checks for certain professions. In case your country requires your fingerprints, take 3 sets of prints on the FBI cards, two for the FBI that way incase there is an issue with any of the prints it will save you time incase of an issue. Note you can also indicate on the FBI cover letter to expedite it, which will make it take about 3 - 4 weeks.

    Also note that the Canadian process requires the prints to be no more than 6 months old when submitted. If you do this after the submission is done, then it might be a good idea to wait 3 months after the acknowledgement of the reciept of the application to send in the FBI request. This will save you some time as opposed to waiting till the consulate requests. Its important to note that some applications can take up to two years and others as short at 9 months if you have everything in order. Keep this in mind when requesting the FBI check. Follow the instructions at the link below :

    http://www.fbi.gov/hq/cjisd/fprequest.htm





    pointlesswait
    08-16 10:22 AM
    simply racial profiling.

    i dont think SRK is over reacting.. many desis who are accepting that its a way of life suffer from "Slave Mentality".

    When was the last time.. a US diplomat or US socialite was frisked and detained for 2 hrs in indian airports?

    To all the jocks who argue "its part of life"..my advise grow some balls and realize one thing.. no matter how long u live here.. no matter whether u have GC or PC...u will always be treated like third class citizens.

    In the end its the color.. do you know beta.

    for the record.i am no SRK fan.

    Mamooty.. who is he?


    What's the big deal about Shahrukh Khan getting interrogated? One of the top Malayali actors Mammooty had to go through the same experience because of his Muslim name, but he didn't make a big deal about it. Security procedures need to be followed, whether you are Shahrukh Khan or anyone else.





    unitednations
    02-13 03:57 PM
    Out of those 400K ....200K happen to be India/China...

    Today's projection for me EB3/India is 7-10 years to get GC....
    with a higher number this would come doen to 2 years ( would it ???)..That is the whole game...EB3 India might not become current but at least EB3 ROW would be current and then the spillover would make EB3 India picture much better....

    Also AC21 allows the spillover to happen quarterly rather than annully...not in the fourth quarter..( Please correct me if I am wrong..)

    Reference
    http://www.fourmilab.ch/uscode/8usc/www/t8-12-II-I-1152.html#_a_
    Look at a(3)

    (3) Exception if additional visas available
    If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a) and (b) of section 1153 of this title for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during the remainder of such calendar quarter.

    This is why I mean USCIS/DOS was lazy. If there is total visas for the year (hypothetical 160,000). then only 40,000 are available by quarter. If there is 50,000 applications in the que then there is retrogression. Remember if there is more demand then what can be approved by quarter then retrogression.

    So what this means is that if there is 400,000 approved I-140's but only 300,000 greencards then 7% limit would apply because there are more people in the que then what can be approved by quarter. Therefore, ROW people would still be able to file throughout the year and then whatever is left in the fourth quarter that ROW hasn't used then it would spillover. Therefore, it would still give ROW people to continue filing and taking the visas while the 7% countires have to sit and wait for breadcrumbs until the fourth quarter.



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