Monday, August 8, 2011

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  • gcdeal
    07-11 09:45 PM
    I submitted my TOEFL. I think it is enough





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  • Picasa
    07-30 02:15 PM
    Are you a Amway leech too?
    Here is a definition of Amway (and psaxena)
    An organism that lives in or on and takes its nourishment from another organism. A Amway leech(and psaxena)cannot live independently.

    Amway (and psaxena) diseases include infections by protozoa, helminths, and arthropods

    Wait a min , how much had you?? Your status is Member and Kaushal's is a Donor.. wait a min let me think who is donating and who is a FREELOADER here.

    The guy is doing something to make his life better, atleast making an attempt to do something better, why do you losers are trying to demotivate and shoot him down.

    No work is small or big , good or bad , work is work.. you wanna do it , just do it , else walk to out. Do not exhibit the desi attitude "I won't do it as what someone will say and also do not let any one else do it." Grow up.





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  • immi_seeker
    09-14 03:04 PM
    I was among the very first to predict forward movement of EB2 (8 months back when most of the information available suggested no movement). Looking at September approvals i will see there will be very few cases pending from 2002-2004 for EB2 (those pending will be cleared in next few months since PD will stay current).

    My estimate is that

    EB2-India pending applications with PD older than Dec-2004 no more than 2000.
    EB2 India had used 8000-10000 visa in 2009 (5000-7000 in Sept 2009 alone)


    Holding following assumptions we will see more forward movement in coming months and whole of 2010 fiscal year.

    Slow improvement in economy (fewer new applications from EB2-ROW and EB1)
    PERM applications stay stuck (as they are very few approvals in last 12 months)
    CIS is force to allocate visa every quarter (leading to large spill-over)
    Fewer EB3 to EB2 porting


    CIS has prudently processed most old cases (pending for name-checks) and also pre-adjucated most cases filled in 2007-2008. So if they have visa numbers pending we should see big movment in Dec 2009 Visa Bulletin. This movement could cover all EB2-I 2005 cases in next two quarters (by March 2010). How explained below

    EB2 gets 10K visa each quarter (28.6% of 140,000 divide by 4)
    EB1 gets 10K visa each quarter (28.6% of 140,000 divide by 4)

    Assuming 3k spillover from (EB1/EB4/EB5 to EB2) => EB2 will get 13K visa
    EB2 ROW uses 7K (700 India, 700 China, +5k others) - there are 6K visa to allocated by Dec 2009 and 12K by March 2010 which will be given to EB2-India.

    BEC LCA applicants in 2005 estimate (EB2 India) = 2000 => 4400
    PERM applicants in 2005 (7276 of this 40% are Indian and 60% from EB2 ) -> 1750 LCA
    1100 LCA => 3850 GC

    Total pending I-485 in 2005 (EB2 India) ~ 8000

    This would mean PD will cross 2005 in next 2 quarters. I have pesimetic estimates so it will not surprise me it the dates move more rapidly.



    seems to be a good and close to accurate analysis. we have to wait & see





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  • sodh
    01-24 12:23 AM
    I wish they put him in a cell where his mates are, do I have to elaborate, the moderator will delete my post.



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  • Googler
    02-15 10:28 PM
    My friend, I'm not trying to fight you. All I am saying that you cannot file a class action against USCIS because they have not done anything wrong. They are just following the law.

    If you really want to have this change, it is the US congress that you can deal with.

    As I've said, I work for a law firm.

    Why don't ask your immigration lawyer first regarding the "class action" you are talking about.

    (1) There was no shortage of laypeople and even attorneys who asserted that "USCIS isn't doing anything wrong they are just following the law" when it came to FBI name checks. Fortunately for all of us sharper legal brains and sharper judges prevailed, and brought us to this happy day.

    (2) On Class Actions: Villamonte, have you read the Mocanu decision (http://www.bibdaily.com/pdfs/Mocanu%202-8-08%20LEXIS.pdf)? If not I encourage you to do so -- that was just individual cases being consolidated, but the situation is not very different -- you should pay particular attention to the part where Judge Baylson recommends a multi-district class action litigation to deal with all the other name check cases (see p. 16, para numbered 6).

    The parallels between the those cases and the one being proposed are very strong.

    Judge Baylson is not the only judge who has recommended a class action approach to these issues. IV members should also be aware that all we need are a few named plaintiffs, it isn't as though every IV member or even everyone wanting to sue needs to be a named plaintiff. All the judge needs to recognize is that there is a large group of applicants with same or similar grounds for suing USCIS/Emilio Gonzalez. Edit to add: IV the organization doesn't even need to be the primary plaintiff, since that will necessarily cutoff any parallel discussion with the agencies. The IV forums are just a place to organize this.

    (3) Preliminary Ideas on the Grounds for Suing (courtesy lazycis):
    The grounds for suing USCIS is the same as in Gonzalez v Howerton -- (a) interpreting the law incorrectly (b) not following the statutory requirement that they use up all the greencards available in a given year and therefore being guilty of affirmative misconduct. At the very least, a judge is within his rights to make them make amends -- by recapturing 2003-2004 EB greencards, since they wasted them as a result of their affirmative misconduct -- they waited for name checks or simply not processing applications - no one can say there wasn't an application backlog in 2003-2004.

    (4) First Steps
    What we need here is to get this matter before a good legal strategist who is familiar with (a) the two sources of affirmative misconduct (FBI name checks and cessation of processing in 2003-2004) (b) precedents and caselaw (note that most immigration law firms are good with filing paperwork, but not necessarily complex litigation, so forget about the usual suspects.) The perfect legal argument will not sprout up immediately. In the same way that the legal arguments in the name check cases were honed over time (lazycis can confirm this), this too will need some serious research and thinking.

    Those of you who want everything about this case sorted out, signed, sealed, guaranteed and delivered this week will need a reality check. :)

    As will those of you who think that the way to approach this is to discuss these issues without familiarizing yourself with facts and legal precedents in some detail (so arguments about slavery etc are not the ones that will win the day in court, it is arguments that can show that USCIS was not interpreting the law correctly and in doing so caused harm and that the harm can be remedied through recapture.) -- if you want to see how a case like this will work read Mocanu and Galvez. This case will not be a dramatic movie-style civil rights case about slavery, it will involve the most tedious sort of nitty gritty discussion of admin misconduct.

    OTOH, for most of us, all we've got is time -- I do not foresee my Jan 2003 EB-2 India PD becoming current any time soon. I'm prepared for a long legal battle. I'd rather do something constructive** that will likely change the process than sit and wait and mope.


    **: Yes, I've sent off my letters too. I think of these two things as complementary projects.





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  • iviviv
    10-09 01:14 PM
    Been contemplating Australian or Canadian migration to get around the retrogresion issue. Are there any former H-1Bs out there who got Canadian citizenship and then applied for US green cards? Please describe your experiences.

    How about any Australan nationals who obtained Australian nationality and then
    obtained US green cards?

    Please describe your experiences- both good and bad.



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  • alisa
    02-13 08:44 PM
    Are you sure you understood it fully?

    I wrote " if you think ", meaning a lot of harping on is happening based on the assumption that removal of country limits will impact ROW badly. It's not the fact. Though it has been explained a number of times that its not the case, some members obstinately stick to their guns and regurgitate it again!

    Taking some sentence written by me out-of-context does not prove anything.


    Easy now!!! Simmer down.....

    Its just that every time the VB comes out, we get a lot of posts from folks from India/China who want to remove country limits. And they talk about only removing the country limits, as if removing country limits is going to solve the problem.
    You scare away ROW when you do that.



    Can I ask you a question? How much of IV goals you have supported till date? How many IV activities you have participated? How much you have contributed? I'm interested in knowing. If you haven't , whether you have incentive or not, it doesn't make even a teeny difference to the movement.

    In December 2006, I started my state chapter, and went around and held meetings and told folks about IV. Then in the summer of 2007, I, along with other folks, some from India and some from Europe, went around and met with the staff of three congressmen/women, and two senators. And then we urged another person to go and meet his congresswoman. We covered half the state delegation in the House, and both senators.





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  • GCard_Dream
    10-18 07:21 PM
    You are right. You are allowed to stay 3 years out of last 5 years outside of Canada. Your PR should still be good.

    Dear Folks,

    I got my Canadian PR in Sep 2005. I did the landing and gave a canadian address after which I got my PR. After that I was under the assumption that I have to spend atleast 2 years in a span of five years and did not take any attempt to land into Canada using PR. I am thinking of applying for SIN by post while I reside in US.

    I am not sure now if my PR is still valid??

    Can someone advice?



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  • rb_248
    07-21 12:12 PM
    I hate their scheming means to rope you in. They keep calling you and bug you to death. Is there anything that you could do to repel Amway desis? Any sprays, creams, poison?





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  • srini1976
    09-23 06:23 PM
    The only missing information to give an almost 90% accurate prediction of the visa bulletin movement are
    1. Will DOS do spillover every quarter or only once every year?
    2. What would be the number of eb2 and eb1 visa demand from ROW?

    the answer to question 2 can be obtained by getting the number of pending PERM Eb2 petitions with DOL, if we get the answer to question 1 from DOS then we can predict the visa bulletin with almost 90% + accuracy.

    I don’t think DOS will do a quarter spillover. If DOS does not do a quarter spillover then it will disastrous for EB2 India because there will be a either a repeat of August 2008 visa bulletin where they might move the visa bulletin up to 2006 or 2007 and basically they will give a visa to whoever irrespective of PD which means people with 2004 and 2005 might get left behind again while people from 2007 and 2007 might get GC or an even more disastrous situation might be that if DOL releases a ton of pending EB2 ROW perm applications they have been holding up for over an year in June-July-august 2010 time then DOS might not do a spillover at all for Eb2 India.

    The key difference compared to last year is Pre-Adjudication and improved communication between DOS and USCIS.
    If not all, Recent spate of approvals for EB 2 - I (based on spill over) - in first few weeks of September 2009 is itself a proof of their improved service (& Pre-Adjudication)

    Most likely spill over should happen Quarterly. If not I agree with you - they can make everyone current in the last Quarter and approve irrespective of Priority Date. But its least likely to happen this year. But you never know about USCIS.



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  • nozerd
    05-11 04:34 PM
    Depends on your income and number of kids. Check http://www.cra-arc.gc.ca/benefits/cctb/faq_payments-e.html for more info. Some details below.

    CCTB: Calculation and payment information
    When are Canada Child Tax Benefit (CCTB) payments made?
    I did not receive my CCTB payment this month. What should I do?
    How do I tell the CRA about my change of address?
    Can I start getting my CCTB payments by direct deposit?
    How do I change my banking information if I receive my payments by direct deposit?
    What happens to CCTB payments if the recipient dies?
    When do we recalculate your CCTB?
    What happens if you owe money for CCTB?
    How are the Canada Child Tax Benefit and the National Child Benefit Supplement calculated?
    What determines the maximum payment for the National Child Benefit Supplement (NCBS)?
    Do the Child Care Expenses that I claim on my 2005 income tax return affect my CCTB?

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

    1. When are Canada Child Tax Benefit payments made?
    Benefits are paid over a 12-month period from July of one year to June of the next year. Generally, payments are made on the 20th of each month or, if your annual entitlement is less than $120, we will send it all in one payment on July 20th.

    CCTB and integrated payment* dates

    July 20th, 2006
    August 18th, 2006
    September 20th, 2006
    October 20th, 2006
    November 20th, 2006
    December 13th, 2006
    January 19th, 2007
    February 20th, 2007
    March 20th, 2007
    April 20th, 2007
    May 18th, 2007
    June 20th, 2007

    * Note: Integrated payments include the BC Family Bonus, the New Brunswick Child Tax Benefit, the Newfoundland and Labrador Child Benefit, the Northwest Territories Child Benefit, the Nova Scotia Child Benefit, the Nunavut Child Benefit, the Saskatchewan Child Benefit, and the Yukon Child Benefit.

    The Alberta Family Employment Tax Credit is issued twice a year, in July and January. The payments will be issued on July 27, 2005, and January 27, 2006, for the 2004 base year.

    For more information regarding our benefit programs, please visit the Canada Child Tax Benefit (CCTB) page.

    2. I did not receive my Canada Child Tax Benefit payment this month. What should I do?
    We generally pay your benefit on the 20th of each month. If your payment does not arrive on that day, please wait five working days before calling us at 1-800-387-1193.

    3. How do I tell the CRA about my change of address?
    See How to change your address.


    Top of page4. Can I start getting my Canada Child Tax Benefit (CCTB) payments by direct deposit?
    You can have your CCTB payments deposited directly into your account at a financial institution. To start direct deposit, complete the "Direct deposit" section on Form RC66, Canada Child Tax Benefit Application, or send us a completed Form T1-DD(1), Direct Deposit Request - Individuals. If you get your payments by direct deposit and your banking information changes, send us a completed Form T1-DD(1), Direct Deposit Request - Individuals. You cannot change your banking information by calling us unless you have other CRA products deposited into that same account.

    If for any reason we cannot deposit a payment into your account, we will mail a cheque to you at the address we have on file.

    5. How do I change my banking information if I receive my payments by direct deposit?
    If you get your payments by direct deposit and your banking information changes, send us a completed Form T1-DD(1), Direct Deposit Request - Individuals. You cannot change your banking information by calling us unless you have other CRA products deposited into that same account.

    6. What happens to Canada Child Tax Benefit (CCTB) payments if the recipient dies?
    If an individual dies who was receiving CCTB payments for a child, the child's new caregiver should contact us and give us the date of the recipient's death.

    We may still send out a payment after the date of death because we are not aware of the death. If this happens, please return the payment to us with a brief letter of explanation. See our listing of CRA offices for the one nearest you.

    If you are the surviving spouse or common-law partner of the deceased individual and you lived with that person at the time of his or her death, in most cases you won't have to complete a new CCTB application. If certain requirements have been met, the children will be automatically transferred to your account.

    If you are any other caregiver (such as grandparent or guardian), you will have to complete Form RC66, Canada Child Tax Benefit Application, and send it to us.

    Note
    If you are the new caregiver and the deceased individual was receiving payments under provincial or territorial child benefit programs that we administer, you do not have to apply separately to qualify for these payments. We will use the information from Form RC66 to determine if you are eligible for these programs.


    Top of page7. When do we recalculate your CCTB?
    We will recalculate your benefit and send you a Canada Child Tax Benefit Notice showing our revised calculation:

    every July based on the returns that you and your spouse or common-law partner filed for the previous year;
    after each reassessment of either your or your spouse or common-law partner's return that affects the calculation of your benefit;
    after a child for whom you receive the CCTB turns 18 (the last payment you will receive will be for the month of his or her birthday); and
    after you tell us about changes to your situation that could affect your benefit (see When to contact us about your CCTB).
    8. What happens if you owe money for CCTB?
    If a recalculation shows that you were overpaid CCTB, we will send you a notice to advise you of the balance owing. We may keep all or a portion of future CCTB payments, income tax refunds, or goods and services/harmonized tax credit (GST/HST) credits until the balance is repaid.

    9. How are the Canada Child Tax Benefit and the National Child Benefit Supplement calculated?
    You can use our new online service to get an estimate of your benefits.

    Your CCTB payments for the 12 - month period of July 2006 to June 2007 are calculated using the following information:

    The number of children you have;
    Your province or territory of residence;
    Your 2005 family net income;
    Your or your spouse or common-law partner's claim for child care expenses for 2005; and
    Your child's eligibility for the Child Disability Benefit.
    Basic benefit:

    The basic benefit is $1,255 ($104.58 a month) for each child under age 18 (the basic benefit is different for residents of Alberta, see the note below).
    There is a supplement of $88 ($7.33 a month) for your third and each additional child.
    There is a supplement of $249 ($20.75 a month) for each child who is six years of age. This supplement is reduced by 25% of any amount you or your spouse or common-law partner claimed for child care expenses on your income tax return. Eligible families with children under six years of age will receive the new Universal Child Care Benefit.
    We subtract a benefit reduction from this amount if your family net income is more than $36,378. For a one-child family, the reduction is 2% of the amount of your family net income that is more than $36,378. For families with two or more children, the reduction is 4%.
    Note
    The Alberta provincial government has chosen to vary the amount of the basic benefit that its residents receive. The basic benefit is:

    $1,147 ($95.58 a month) for children under 7;
    $1,225 ($102.08 a month) for children 7 to 11;
    $1,373 ($114.41 a month) for children 12 to 15; and
    $1,452 ($121.00 a month) for children 16 or 17.
    National Child Benefit Supplement (NCBS):

    One-child family: $1,945 a year ($162.08 a month). This amount is reduced by 12.2% of the amount of family net income that is more than $20,435.
    Two-child family: $1,720 a year ($143.33 a month). This amount is reduced by 22.9% of the amount of family net income that is more than $20,435.
    Three-or-more-child family: $1,637 a year ($136.41 a month). The total will be reduced by 33.2% of the amount of family net income that is more than $20,435.
    Note
    If you are on social assistance, the NCBS may affect the amount of your social assistance payments. Many provinces and territories will consider the NCBS you get as income and will adjust your basic social assistance by this amount.




    Thanks for the response. Govt sends a check for each child every month ! Thats too good to be true. How much is the check for.





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  • pitha
    09-24 12:10 PM
    If USCIS and DOS were thinking logically what you said would have made sense but time and again they have proved that they act as if they are the masters of there own universe. Example South Korea had about 7000+ Eb2 visas but they are not considered retrogressed country (but that is a side matter, my point is they have there own weird logic and they dont care to disclose the logic behind there decisions.) For eb2 india forward movement to happen spillover of Visas from Eb1->eb2 row->eb2 India should happen every quarter. USCIS and DOS have given no indication what so ever that the spillover would happen every quarter, without spillover we have to wait till august\spetember 2010 for spillover. All you can do is just hope for the best. I am not sure why DOS would not disclose if spillover happens every quarter or not. With this data from USCIS they know the demand for the visas to do spillover every quarter.


    I believe that to maintain a steady 485 EB2-I queue the dates should advance fairly fast till maybe the end of 2007 much sooner than September. Following are the reasons, 6 months back probably there were less pre-adjudicated applications so the focus was reviewing and completing these cases, now most of the applications are pre-adjudicated and the route for steady approvals looks clear like what has happened in Sep 2009 for 2004 cases. There will be a time if the spillover happens as many have predicted then most of the cases will get approved and the pre-adjudicated applications will be less or even dry out, so in the letter and spirit I feel that the 485 pipeline should be equally populated at all steps, considering that the 485 approval process is long and has several steps. This year represents great hope for people who missed Jul 07; I guess its time for the next batch to get EAD/AP, I hope Iam not being over optimistic. Feedback and comments welcome for all.



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  • willigetgc?
    01-14 11:57 AM
    You do not even want to meet any lawmaker. No i donot want to meet any law maker especially representing IV because i do not beleive what IV proposes (and which i have to rep[eate to teh law maker) is doing is going to do good to my personal case of GC (and yes if you want to call me selfish go ahead but remember eveyrone here is becasue they want to do something about thier personal GC case so everyone is selfish)

    You believe in watching CSpan and lawyers lobby for you. Go and contact CSpan and lawyers to help you. Yes i believe in watching CSpan and lawyers lobby becasue that gives me an understanding as to what direction a bill is taking or for that matter what is the hope iof a immigration provision in a specific bill. Of course i do not come into teh forum and start a thread and give a minute bny minute uopdate of cspan like some memebers do.

    Why are you here? I am here because any thing which impacts my GC case impacts me and i am here to ensure that

    PlainSpeak,
    I say this in the nicest way possible.

    1. Instead of wasting time by answering here on the post, do something constructive for your own gc (whatever that may be).
    2. If you do not believe in IV and what it does, you are truly wasting your time. Second, which IV provision do you not believe in - visa recapture? excluding dependents from being counted? removal of country caps? which one of these hurts your prospects of getting the gc?
    3. Watching cspan definitely gives a person a better understanding of what is happening. No questions about it. But it is a passive exercise, as there is nothing you have done or can do or will do to change the outcome of what is happening.
    4. Let us hope that this DV bill goes somewhere - what kind of activities do you suggest we should do to prepare for it? With specific details, you may be able to persuade people.





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  • soljabhai
    12-13 04:15 PM
    we, as non citizens, obviously do not have all the rights that the citizens possess. We don't know whether this rule is or is not constitutional (And as someone rightly pointed out that the expertise of a constitutional attorney is required).

    However if it can be shown that certain citizens/corporations ( for example microsoft, google etc who also make efforts and lobby congress to change the law ) are unduly disadvantaged by this per country cap, then they can be plaintiff. So in a sense, we have allies in the corporate sector with tons of money (and who want to make more!) So they might be willing to support us,
    if it is indeed found that the rule can be challenged.



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  • thomachan72
    08-19 08:27 AM
    By the way Mccaid, next time someone from Indonesia experiences such an issue please also make a thread here and whine about it like we did. Atleast that will make us Indians realize that SRK BS is really BS!!! because we will have no idea about the person who you will be whining about and there will be a lot of indians who will shout at you saying "why is this thread even on IV???? who is this person that Mccaid is whining about???This thing happened to even the great SRK so why this whining???:D:D:D
    If this happened to our prime minister Manmohan singh, I belive he would have just laughed. He would not have said "I am MM singh". The bottom line is there are certain rules and regulations and everybody (including SRK) is subject to them. Next time SRK travels he should consider carrying all the CDs of his movies with him to prove his "greatness".





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  • sayantan76
    12-17 04:58 PM
    Is the new Obama Administration going to consider "Instant GC" if we buy a House ? I'm thinking about the huge inventory of vacant house and how many could be bought up by GC holders... Its probably a fraction - Isn't it ?
    At the risk of getting red dots - few critical roadblocks come to mind:

    1. The crisis right now is way beyond housing - its about basic issues like employment, consumption and credit (buying vacant houses does not raise employment) - fundamental issues would need to be addressed first before Govt can do something that even remotely looks and smells like (howsoever untrue it might be) giving preference to immigrants over Americans. Also what happens when renters enmasse vacate apartments and buy houses - it drives rental companies into bankruptcy - so catch 22 - no?

    2. Credit criteria have been made very stringent by banks and lending institutions - so a lot of people may not qualify.......many people are in risk of losing jobs - they may not want to convert their liquid savings into a 20% illiquid (houses dont sell overnight and you cannot convert your investment to cash easily) downpayment towards houses....so not sure how many will actually want to spend that money now.....what if you get ur GC by buying a house and subsequently lose job and cant find alternative job - house cant feed you and the family nor can it pay mortgages.....

    3. Any legislation that goes against principles of natural justice and creates an elite class based on financial criteria is difficult to pass through legislature.....



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  • jayleno
    09-23 11:10 AM
    What an irony my friend. I'm arguing for people like you...who can afford to buy a home in this economy and you arguing for people(bodies in your "not every body") like me who cannot afford. Thank you for your concern, but I think it is a very good idea.
    :D
    What a Twister !!!
    Jayleno,

    You are not really interested in helping, otherwise you would have bought a house and put economy back on track. But you are taking advantage of the current situation. My point is not every body has money at present in hand to buy a house. Every body likes to spend their money and settle down here, otherwise no body would have applied for green card. This plan is proposed all of the sudden and it is not fair. If i consider people, who lost jobs because of this worst market, you are twisting the story by talking prevailing wages and illegal status. FYI, I have potential to buy a home here and currently working and making enough money here. I request you answer the question only, not twist.

    aps





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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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  • sparklinks
    09-14 07:14 PM
    Hello and Thanks for the Services... My question is.... My wife got H1 until 2010(Visa on PP too) but she is working for different Employer on EAD. Now she wants to travel to India and come back on H1, is this possible? We applied of AP, but I don't think so it will come before Nov 15th.. please advice. Thanks !!





    manderson
    02-13 11:30 AM
    If I am not mistaken I believe Rajiv Khanna already filed such a lawsuit some years ago and lost.

    Which makes me agree with walking_dude. With the new NC>180 rule, we can get pretty good momentum by recapturing lost visas and if possible by also increasing country caps and a increase of EB visas from 2009 onwards.





    Macaca
    07-03 09:27 PM
    Done.. Thanks.
    Ramus and Tikka,

    I did not follow the 100 page thread. It has more issues that I must have missed. Please collect them and keep checking if I missed any issues. Thanks!



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