Tuesday, August 9, 2011

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  • nomi
    09-29 02:59 PM
    HI can some body answer if we can apply for canadian PR with H1 B valid for less than 1 year.

    For canadian citizenship you have to be in canada for 2 yr(physicaly) and after 3 yr after stamping


    HI can some body answer if we can apply for canadian PR with H1 B valid for less than 1 year.

    You can apply anytime for Canadian PR. It has nothing to do with H1 or any other US Visa or status.

    For canadian citizenship you have to be in canada for 2 yr(physicaly) and after 3 yr after stamping

    You have to live two years in Canada in order to get your Canadian
    Citizenship.





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  • Googler
    02-12 01:38 PM
    I have the same question. State dept moves the date just so that the visa numbers are used for that category. If a category is retrogressed, then it can't really be "undersubscribed".

    This was listed at the bottom of the page in the March VB in state dept's website:

    The cut-off date movement for March in several Employment categories has been greater than those experienced in recent months. Advancement of the cut-off dates at this time should prevent a situation later in the fiscal year where there are large amounts of numbers available but not enough time to use them. If the expected increase in CIS number use materializes, future cut-off date movements could slow or stop.

    Mods should merge two identical threads. See my post in the other thread:
    http://immigrationvoice.org/forum/showpost.php?p=222365&postcount=12





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  • sledge_hammer
    01-14 02:29 PM
    They are implying that those who are currently working for body shops are to find an employer that would offer their definition of employer-employee relationship. But you are still with the body shop, then your extnesion will be denied!

    Q: What happens if I am filing a petition requesting a �Continuation of previously approved employment without change� or �Change in previously approved employment� and an extension of stay for the beneficiary in H-1B classification, but I did not maintain a valid employer-employee relationship with the beneficiary during the validity of the previous petition?

    A: Your extension petition will be denied if USCIS determines that you did not maintain a valid employer-employee relationship with the beneficiary throughout the validity period of the previous petition. The only exception is if there is a compelling reason to approve the new petition (e.g. you are able to demonstrate that you did not meet all of the terms and conditions through no fault of your own). Such exceptions would be limited and made on a case-by-case basis.

    Q: What if I am filing a petition requesting a �Change of Employer� and an extension of stay for the beneficiary�s H-1B classification? Would my petition be adjudicated under the section of the memorandum that deals with extension petitions?

    A: No. The section of the memorandum that covers extension petitions applies solely to petitions filed by the same employer to extend H-1B status without a material change in the original terms of employment. All other petitions will be adjudicated in accordance with the section of the memorandum that covers initial petitions.
    USCIS - Questions & Answers: USCIS Issues Guidance Memorandum on Establishing the "Employee-Employer Relationship" in H-1B Petitions (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=3d015869c9326210VgnVCM100000082ca60aRCR D&vgnextchannel=6abe6d26d17df110VgnVCM1000004718190a RCRD)





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  • dealsnet
    09-04 05:26 PM
    Now I think new people are running IV.
    Aman Kapoor (Walden Pond) is not controlling now. That is the reason these idiots have got the admin previlages. Now they do nothing worthwhile. Bunch of jockers.

    If this was about you being having admin previledges,you wud have been taken to trial for misusing this board.....AH...



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  • TheOmbudsman
    08-30 11:22 AM
    180 days.

    Once you get ur Canadian PR, how long can we "not go" to canada. Will the PR expire if we do not land in canada??





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  • Blog Feeds
    06-10 05:40 PM
    Why should we punish people who play by the rules? Charles Oppenheim, Guru of the Visa Office in the State Department, has confirmed what we warned employment-based (EB) immigrants about in our June 2009 newsletter. Not only are EB-3 numbers unavailable for the rest of the fiscal year and EB-2 numbers for persons born in China and India oversubscribed, but the situation is going to get worse, much worse. Mr. Oppenheim states that the EB-1, EB-4 and EB-5 categories are all experiencing greatly increased demand, so much so that the EB-4 category (religious workers and special immigrants) may retrogress this...

    More... (http://blogs.ilw.com/carlshusterman/2009/06/grim-outlook-for-eb-visa-numbers.html)



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  • mirage
    04-01 03:59 PM
    It doesn't cost you anything to make promises, also people are used to being ditched by politicians, so they don't complaint. I guess mostly people feel satisfied by just getting the glimpse of you if you are a celeberity, otherwise why would anybody vote for Sanjay Dutt(thank God Supreme court banned him) ? Govinda, Dharmendra, Jayapradha have proved to be worst MPs for their constituencies...Mirage, thanks for the correction..

    wondering what he is going to promise to people of Moradabad !?!





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  • swamy
    12-13 01:14 PM
    Here's the percentages of the top 10 populations of the world by nationality. How many of them are more than 7% ?

    China 20.0 %
    India 17.2 %
    United States 4.6 %
    Indonesia 3.4 %
    Brazil 2.8 %
    Pakistan 2.6 %
    Nigeria 2.5 %
    Russia 2.2 %
    Bangladesh 2.1 %
    Japan 2.0 %

    Based on this one can conclude that the 7% nationality rule is a veiled effort to limit Indian and Chinese immigrants specifically. Does this not amount to discrimination by nationality ? In addition we as legal immigrants are taxed without any representation. Taxation without representation was the reason the US was created in the first place.

    US history is full of examples where discrimination existed in one form or another and these discriminations were sucessfully challenged. A few examples are women's voting rights, minority voting rights and gerrymandering. These are good examples to study where the affected people had no legal voice to begin with.

    The civil rights movement is a recent example. There were existing laws that limited people from voting based on their literacy levels in the southern states. The literacy requirement for voting was really a thinly veiled attempt to limit voting rights of african americans for as long as possible. The civil rights movement was about changing these artificial laws to give voting rights to people who legally had no voice.
    http://www.usdoj.gov/crt/voting/intro/intro_c.htm

    You don't need to be a lawyer to speak up for your hardships as a law abiding resident. This country has tremendous protections for people living here which is what makes it great. We as an immigrant community need to build our awareness of US history and government if we expect things to change.

    I kind of agree. Sometimes laws are just thinly veiled attempts to discriminate and at other times they just didn't foresee it becoming discriminatory. Given the it was written by Sen. Kennedy, I doubt it was a deliberate attempt to choke Indians or anyother national. It was just a poorly thought out & unnecessary restriction. Even the ceiling was just to appease fearmongers. Given people wont be offered jobs if there aren't any, wheres the need for a ceiling if existing labor laws on bidding down wages are enforced(which are by the way). For two years in a row, H1 quota wasn't used precisely because of that. & if H1 is the first step, theres an even stronger argument for doing away with EB quotas- but given the current environment obviously fearmongers rule (so we're the one 'acquiescing' Lou). I think we should make the case but as Mark pointed out its costly and not the best strategy for us.



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  • Dionysios
    10-12 02:11 PM
    My uncle was a green card holder for approx. 40 years when he lived and worked in the US. During this time, he became eligible for medicare and medicaid. A few years ago he decided to return to his original home country. As he did not and does not have any plans to return to the US to live, he surrendered his green card at the US consulate. However, when he recently applied for a non-immigrant visa to visit the US to use the services covered by medicare, he was denied a visa. It seems quite unfair that he worked in the US, paid all the necessary taxes and withholdings and is now prevented in using the medicare services. Is there anything he can do?





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  • grupak
    02-13 10:02 AM
    I agree that quota system is cumbersome. It would've been much easier just to have one bucket. But I fail to see how it is discriminatory when every coutry gets an equal piece of the pie. It is a classic supply and demand issue, but it's not a discrimination. Consider also the fact that GC is a grace not a right. "Is it not lawful for me to do what I will with mine own?"

    Forget discrimination, unfairness, etc.

    First, everyone agrees that IV is working to remove backlog in the employment-based GC.

    Then just removing the country cap is not going to help as there isn't enough visa to go around. Second, just increasing the visa numbers is not going to help without removing/significantly increasing the country cap as most employment-based GC demands are from a few countries.

    IV is not the place to argue about 'us' and 'them' in EB GC. IV is to help all EB GC without discrimination based on country of birth, national origin, etc., so IV fights for (1) increasing GC numbers and (2) removing cap/significantly increasing cap.

    There is no way around it if we want to remove backlog in EB GC.



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  • Legal
    07-22 02:12 PM
    Here's an Apr-2006 EB2-I approval posted today on Murthy forum:

    http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=1474093861&m=8351049171


    suspect he is spreading rumor. not clear what his country of chargeability is, since he did not respond to this question.





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  • pd_recapturing
    03-14 09:27 AM
    Hi, I am seriously planning to start Canadian immigration after wasting 7 years of my life in chasing GC. Can anybody suggest some good lawyers/attorneies/agencies who are not money suckers like US immigration attornies ? Also, somebody mentioned that one can apply Can immigration by himself. Is there any issue with that ?
    Thanks



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  • thomachan72
    01-14 08:52 AM
    Is AILA doing anything about it? Do they need IV member support? How do we make it clear to the USCIS and Govt that targetting H1b and the free will of the employer to hire H1b is PURE SOCIALISM and anti-capitalism. It is a sure way of destroying the capitalistic engine that is keeping the US ahead. Is US becoming a restrictive economy like China? China is moving slowly but surely out of its old ways and becoming more and more open to capitalistic policies and we are finding the US slipping slowly but surely into protectionism and more socialistic principles.
    How can you protect jobs here by taking away the job of another person??
    The person was hired in the first place due to a lot of economic reasons that only a capitalist would know/understand. Simply by snatching the job away from one person and attempting to give to another WILL NOT HELP.
    This reactive response to unemployment will destroy whatever industry is left here. Even research is now being outsourced. Biotech/research triangles are springing up in china and India and elsewhere. Major US universities are now collaborating or setting up independent shops in India and china. Ofcourse Japan and europe is not at all behind. Where is the US left now? CRYING CRYING ABOUT H1B VISAS???? IS IMMIGRATION IS REAL CAUSE OF UNEMPLOYMENT HERE???????
    FINALLY ONE THING I HAVE REALIZED "WHAT IS DESTINED TO HAPPEN WILL HAPPEN".





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  • JazzByTheBay
    07-03 06:35 PM
    http://digg.com/politics/Rep_Lofgren...Bulle tin/who (http://digg.com/politics/Rep_Lofgren_Issues_Statement_on_Updated_Visa_Bulle tin/who)

    It's showing up on the front page now as far as I can tell.

    jazz



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  • krishmunn
    07-27 10:43 AM
    Its like asking an anti-immigrant, what you think about legal/illegal immigration?

    I guess you would get better idea if you call up Amway corporation or FTC and find out. And not from other who spend their time flipping channels and burping beer.
    As far as I know there are people from US Army, NASA scientists, NFL players, pastors etc.....from different background are very successfully building the franchise business. No wonder they are growing $1.2 billion dollars every year since 1950.
    Of course is not for everyone; its only for people who know the power of free enterprise on which this country is built on.

    Question is whether it will work for you? Your families finances are decided by you, and not by any other people. If you do take advice from other, then you will be flipping channels and burping beer too, and it takes one big financial hit to wipe you off the slate.

    If you are making millions with Amway, why are you sitting with a EB-3 PD ? Go for EB-5 :)
    From Wiki "more than half of the distributors do not make any money, with the average distributor making less than $100 per month."





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  • unseenguy
    04-01 02:28 AM
    Left parties are the worst no doubt about that. Have you gone through the BJP manifesto, its IT vision document and also have you heard about Friends of BJP forums started by Indian businessmen. Yes, Advani runs his politics on religion and Ram temple. Do you think congress does not use religion? Do you hear the news that in Kerala congress has fielded candidates supported by church? Tomorrow if Sri Sri Ravi Shankar or Ramdev baba do the same thing with BJP, our media will shout from the roof top that this is communalism. Do you know Congress is allied with Muslim League in Kerala?

    Snathan, all parties use the dirty tricks. Congress, BJP, Communists. But I will always support the party which builds Ram Temple rather than the party which destroys Ram Setu and even denies the existence of Ram.

    I agree and how can we forget the reservation for OBC by congress. Persecution of sikhs after the murder of Indira Gandhi. That time congress was doing right thing it seems and they were not merchants of death of the time. Is it?

    That is not communalism but if someone says injustice is being done to Hindus or brahmins, that is communalism.



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  • gc_bulgaria
    02-12 02:52 PM
    Does this mean they have accounted for the people who will claer the name check hurdle after the recent memo? I was expecting EB2 ROW to retrogress based on that.





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  • Desichakit
    07-17 12:33 PM
    As per USCIS VISA Bulletin of July 2008. If there is spillover from EB2 to EB3 the it will benefit EB3 India as Visas have to be allocated to more retrogessed country first. Even if that is not that case and numbers are evenly spread even then EB3 India stands to be at advantage. I think EB3 India will benefit from this intrepretation eventually.

    EB2 India 2008





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  • whatamidoinghere
    02-22 04:26 AM
    Looks like lot of data is available for us to crunch on:

    Labor certifications from 2000 to 2006
    http://www.flcdatacenter.com/CasePerm.aspx

    H1Bs issued from 2002 to 2006
    http://www.flcdatacenter.com/CaseH1B.aspx

    Hopefully using this data we can get some rough prediction on cutoff date movement. I'm going to spend the coming weekend on this.





    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.





    kaisersose
    02-12 06:15 PM
    To fix the problem for everybody need both (1) increase in visa numbers and (2) remove/increase country quota, IMHO.

    Only India and China & one or two more countries will support the removal of country limit. The rest of the world will actually oppopse this move as it will have a negative impact on their processing times greatly.

    There was a discussion on this on sometime ago.



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