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  • Kodi
    05-14 10:46 AM
    If you have canadian PR, can't you work in US or do you still need a working visa to work in the US?

    Thank you.





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  • Gurpreet
    08-30 02:45 PM
    Hi Friends,
    Is this same in case of Australian PR as well? Has anyone got an extension of Australian PR for another 5 years without fulfiling the criteria of being physically present in Australia for 2 years out of the total 5 years.

    Thanks!





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  • pankaj_singal
    05-31 05:52 PM
    whatever the case may be, until there is a VISA recapture we are not going to get our GC's anytime soon. Please admit this fact.

    What I would suggest is that we work with Indian Govt. parallely (specially people who are moving back or planning to move back) to get back the Social Security/Medicare contributions we had been making. We need to show that if we start going back we would add $$$ to Indian economy. This would also trigger US govt. to think on this issue (i think..)

    US works when there is big money involved... otherwise nothing would move here...

    Just my thoughts.





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  • Jerrome
    05-12 11:20 AM
    Please quote these sites where they mention what is happening in Sri Lanka is a "Genocide". What happened during WWII was a genocide of the Jews. The camps where the IDP's are kept are temporary where they are checked to make sure that there are no suicide bombers, terrorists etc. The LTTE is known to hide behind civilians and attack, like they do now from the safe zone. They are preventing the civilians from leaving the safe zone... so in effect the LTTE is committing a genocide of it's own people. If there is a Genocide then you would see it everywhere in the country, which is not happening. Half my family side is Tamil, and live in the south / central and west of the island. They are all fine and have no issues, now you go figure.

    Having said that i'm not gonna say that the SL gov is an angel, it has it's bad side and good side. I don't agree with the govt that Independent journalists should be kept away or intimidated, but coming from south asia (or any part of the world for that matter), you won't get any govt that is 100% good.

    It looks like your half family does not know what is happening in the camps. Rather these thrown out media reporters know about that in detail.

    Oh..I forgot to mention all the people who are talking in this report are LTTE and supporters of LTTE.

    http://www.channel4.com/news/articles/politics/international_politics/grim+scenes+at+sri+lankan+camps+/3126257



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  • aranya
    12-14 03:33 PM
    So that interprets to "7% limit for every country" - seems to be "Equality"
    Equal yes but also separate and that did not work very well in the past, did it?





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  • Openarms
    07-17 10:12 AM
    Dear Attorney,

    I am from India and working as a Software Programmer / Analyst in a decent company and I am using AC21 with this company...and my Green Card journey started September 2002.

    Labor applied (EB3) - September 2002
    Labor approved - July 2003
    I-140 / I-485 applied - December 2003
    I_140 approved - August 2004 after responding to an RFE
    Two times finger prints done and name check is done.
    RFE about sons birth certificate -- responded last year.


    But still the way things are going with Visa numbers and seems no light at the end of the tunnel. I am decided to change EB3 to EB2.

    What would you suggest?

    Where can I find the process for this switch (EB3 to EB2) ??

    Is there any benefit switching from AOS to Consular Process?

    Thanks and appreciate your response.



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  • amsgc
    07-04 11:22 AM
    Need more titles!

    Most persons don't know what USCIS is. I did not know about USCIS/DOS/DOL... until after 1 year in retrogression!


    "The US govt. does a number on High Skilled Immigrants"

    http://immigrationvoice.org/forum/showthread.php?t=5994&page=9





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  • 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



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  • Desichakit
    07-24 07:09 PM
    VDLRAO Ji,

    Can you throw some light on the points said by Attorney Ron. Is Ron overstating numbers or some thing is missing in calculations





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  • god_bless_you
    10-23 02:33 PM
    Hello everyone.

    I was wondering if someone could point me to how exactly labor substitution works.

    Before anyone starts jumping down my throat, i am JUST looking for documentation on the full process and I DID try looking on the google.

    If someone has any article on labor substitution and how it works please post it on here.

    Check Immigration Portal forums Labor certification .. Preapproved LC
    Labor substitution Pros Con's etc.. widely discussed there...

    http://www.immigrationportal.com/showthread.php?t=123495



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  • gdilla
    07-11 01:51 PM
    And don't forget 9month maternity leaves, and if you're unemployed, you still get healthcare, and the generally better public education, not to mention generally cheaper and excellent post-secondary education....

    Every time I hear "Canadian taxes are so much higher", I respond back with "really ? how much are you paying a month for health insurance?". I suggest a typical breadwinner with spouse + 2 dependents is probably paying $500 / mo + in health insurance premiums. Add that $6K / yr to your US tax bill, then compare it to your Canadian tax bill. ;)

    - GS





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  • mallu
    02-13 11:53 PM
    ....... If it wouldn't be Europeans, there wouldn't be technological advanced United States and we wouldn't want immigrate here. We are not migrating to Kongo or Sierra Leone, don't we?

    That is right. Those who came here before 200 - 300 years ago and their descendants have built a strong nation, to which every one wants to immigrate. Those who waiting in line ( and working here ) also doing the nation building and feel who got here earlier built laws/rules to weed the later batch of immigrants.



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  • doomer
    01-13 06:16 PM
    what the heck is all this
    i cant even understand a single word
    is it going to effect the students who did their masters here?
    right now im working as a contractor i did my masters over here
    is it gonna effect me now
    :mad::confused:





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  • venetian
    07-29 04:46 PM
    I agree with some earlier posts that CP numbers might be low from retrogressed countries, many of my friends and acquaintances from India had dropped the plan for CP route because unlike 485, they cannot file for EAD for their spouses.

    With so much uncertainty in EB GC processing, it is understandable that many would have filed filed 485 to get its benefits like EAD etc. So bottom-line is numbers for CP processing will be considerably low when compared with AOS.



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  • walking_dude
    02-13 02:11 PM
    Most of these settlement suits were fought by organizations like American Baptist Churches, Catholic Church Services, AILF etc. Meaning, organizations which have a strong steady stream of revenue (unconnected to the lawsuit). Participants didn't have to pay any money out of pocket. And the organizations didn't have to raise money for the lawsuit.

    IVs case will be different

    1) Significant amount of funds will need to be raised. It will hamper other IV activities such as legislative and executive lobbying as contributions will get diverted. It will be hard to raise another 30k to lobby for adding IV provisions to any upcoming bill, if we are already in the middle of a 50k lawsuit.

    2) We need to have a large number of plaintiffs ready to put their names on court papers. These plaintiffs also need to pay money for their participation.


    Lawsuits do work. Apparently nobody checked the links I posted on page 1 so here are a few examples:

    USCIS Settlement Notices and Agreements

    American Baptist Churches v. Thornburgh (ABC) Settlement Agreement

    Barahona-Gomez v Ashcroft

    CSS

    LULAC (Newman)

    Ngwanyia v Gonzalez (Asylee Adjustment Case)

    Notice of Proposed Settlement Agreement and Hearing in Kaplan, Et Al. v. Chertoff, Et Al., Civil Action No. 06-5304 in U.S. District Court for the Eastern District of Pennsylvania

    Notice to Persons Whose Naturalization Applications Were Denied by the Seattle, Spokane or Yakima Immigration Service

    Proyecto San Pablo v INS

    Ramos v Chertoff (02 C 8266, Northern District, Illinois)

    Walters v Reno


    Settlement Agreement Signed! Details available by clicking here. --2/9/05
    IMPLEMENTATION OF NGWANYIA (ASYLEE ADJUSTMENT CASE) SETTLEMENT AGREEMENT Ngwanyia v. Gonzales, No. 02-502 (RHK) (D. Minn).
    If you were granted asylum in the United States and have a pending application for adjustment of status, this settlement applies to you. Please refer to http://www.uscis.gov/files/article/NgwanyiaVGonzales.PDF In recent years immigration law had allowed only 10, 000 asylees per year to adjust their status to Lawful Permanent Residents. Under the settlement agreement, United States Citizenship and Immigration Services (USCIS) will process an additional 31,000 asylee adjustments during the next three years. During fiscal year 2005, ending September 30, 2005, USCIS will process 8,000 of the additional 31,000, bringing the total number adjusted for the year to 18,000. USCIS will process at least 8,000 of the 31,000 during fiscal year 2006, (October 1, 2005 to September 30, 2006) with the remaining additional applications being processed in fiscal year 2007 (October 1, 2006 to September 30, 2007). The settlement also provides that asylees who have a pending application for adjustment of status may renew their employment authorization document (EAD) by requesting a multi-year EAD with a validity of up to five years. The multi-year EAD must be prepaid for the number of years requested. The cost of the multi-year EAD will be less than the cost of annual renewals by at least $20 per year. A requests for a fee waiver, if applicable, may be made pursuant to 8 C.F.R. � 103.7(c) Cost of multi-year EAD: 1 year card - $175.00 2 year card - $330.00 3 year card - $485.00





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  • hopefulgc
    02-12 08:40 PM
    Poll results thus far: 201Yes 36No
    Wow.. guess who is unpopular around these parts :)

    As suggested by many, its time to find out what we can get together as far as commitment goes.

    I am a lowly member. While I have raised this issue, I think there is definitely someone else here better than me at leading this issue & getting people together. So if the moderators can allow members willing to step forward and help out with this, to have edit permissions on this thread, that would be help

    We may have different school of thoughts, but we are all still IV. No matter what we do, it is more important for us to be united and not let an issue like this cleave us. It would be nice to hear where the IV leadership stands on this and what kind of support can be expected.


    Can the moderators please modify the poll to be the following or add another poll to this thread. I don't seem to have the requisite permissions.

    Q) Do you commit to participate in a class action lawsuit against USCIS
    Options:
    1) I am willing to commit $10-$20 needed for the initial consultation ($600-$1000)
    2) Yes. I am willing to commit $500
    3) Yes. I'm willing to be a plaintiff ( full name and full contact info required)
    4) Yes. I'm willing to commit $500 and become a plaintiff as well
    5) No. I don't think it will work


    More info:
    ----------------------------------------------
    What: Lawsuit against USCIS

    Why: Possibly the only near term solution to retrogression. 218,759 visas are available for recapture and those numbers were lost due to systematic agency delays and bad policies (i.e. name check). The terms of settlement would include RECAPTURE OF LOST VISAS along with recovery of cost of litigation. Apparently, about 50 asylees have filed a similar lawsuit to challenge the retrogression in their category.

    Who: All thos who are willing to make this change. You indicate your willingness and support by saying 'Yes' in the poll above. The poll above is just a headcount. We are hoping we can count on you for support.

    How: We can kick this off with an initial consultation with an attorney. A $$ collection will soon be organized depending on the support expressed in the poll.

    Can we do it? Yes... If we can come to this great country with just 2 bags in our hands and create a life for us here... we can totally do this.

    NOTE: IV core forever rocks in our books for what they did relating to July 2nd. IV's agenda cannot be discounted. We are all part of IV and it would be very nice to get direction from them on how can take this further correctly. We will see members who do not agree with our point of view. The least we can do is attempt to understand their point of view.


    Great info posted by member lazycis related to this:
    http://immigrationvoice.org/forum/showthread.php?p=222939#post222939
    http://www.dhs.gov/xlibrary/assets/cisomb_annualrpt07__June_11_2007_section3e_untimel yprocessing.pdf

    Original Post follows:
    ----------------------------------------------
    Clear up your mind for a little while and consider this:

    The whole working world lives by on one simple rule ..... GETTING PEOPLE OFF YOUR BACK.
    The bigger PITA (pain-in-the-ass) you are... the higher is the priority you get.

    As a community we will need to become a PR nightmare for govt. officals... simply being an inconvenience is not going to cut it... we will have to become a "a cactus that is stuck in the colon".

    USCIS says EBs are retrogressed because there are XXXXX people in the queue. Why is the queue so long? Because they wasted numbers in the past and kept the queue long. This is pure operational inefficiency that is resulting in monetary, emotional and mental loss to about a million people.
    This is a valid ground for a class action lawsuit.

    By filing this suit, we will become the "cactii in the colon" that they will have to address. And you know what the easy out of court settlement will be..... RECAPTURE!

    We will keep lobbying and crying as we usually do.. But this thing has a far better shot than anything else.



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  • tonyHK12
    01-14 10:27 AM
    And yes my friend TinyHK12 you might have just lost the support of the one guy on this forum who while not being abusive about my post also did NOT support me. He was rooting for AmitJoye a senior member here and some one with whose idea you agree 100%. Thats called as shooting yourselves in the foot
    don't make up your own sorry, sad, soap opera


    If you do no agree to a post all of you gang up and start abusing the posters and any unfortunate souls who agree with the posters. Normally that is enough to scare the poster away.

    Your first mistake is criticizing IV and its strategy on a open forum. The core listens to only ideas from active volunteers and donors and incorporates their suggestions, not a free loader, day dreamer who thinks he/she is brilliant. What any one else says on forums doesn't make any difference.
    You think that by arguing on the forum, you can come up with a better idea.
    So in a way you're just throwing eggs at IV. All you talk for the last 2 days is just wasting everyones time.
    If you want IV to listen to you, you must have actively worked with them in the last 4 years, gained knowledge about advocacy and their trust and only then can they consider any of your ideas.
    You have clearly shown that you know nothing.
    This is a message for other members too, if you want core and management to listen to your ideas, be active in your state chapter and many mail groups we have working on intiatives, rather than cursing on forums.
    You will then be working on action items that can change the lives of legal immigrants for the better and make a big difference.





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  • eb3_nepa
    06-26 12:21 PM
    Yeah but USCIS CAN change its rules at ANY time without ANY notice!!

    Remember the ONE day notice that I-140 premium processing is terminated for Labour substitution cases?





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  • perm2gc
    06-26 01:48 PM
    nope. The august bulletin which gets released mid july didn't get into our arguements at all. We were specifially talking about july filers and july month.

    Yes, i agree that if August bulletin retrogresses than that affects only august filers and not the people eligible to file in july.
    my attorney also said same thing..





    JunRN
    05-29 11:47 AM
    3.2K visas for EB2I includes all applicants. So regardless of what type of processing, the last person to get his GC is 19 years from now, correct?

    Yeah, but your 60k only includes AOS, not CP, right?





    user1205
    02-14 11:28 AM
    I love that idea but too late now :)

    ahh, let us take this one step further, and start a "send candy hearts to USCIS" campaign :)



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