Direct_Action_99
01-15 08:52 PM
It is really pathetic to see the current plight of H1B. It is really sad and the situation is getting worse with the passing of each day. The max limit of H1B is only 65000. It is highly regulated and accountable. Why is everyone hounding H1B without rhyme or reason? It is because most of them perhaps do not have a good picture of what is happening around.
Do the people who are after the H1B folks realize the following?
1. About 100,000 or may be many times that number (I do not know) of L1 workers are brought to work to the USA? Do they realize that there is NO quota limit for L1?
2. How the L1A visa is misused in the guise of the so called "International transfer" to file for GC under EB1 category?
3 That many of the Indian / foreign firms no longer prefer to sendi their employees on H1 as they can send plane loads of L1 without any hitch?
3. Every minute several 1000s of jobs are outsourced ?
The root cause is because the immigration system is broken and the policies are not OK. Going behind H1 B Visa holders is not the answer
Do the people who are after the H1B folks realize the following?
1. About 100,000 or may be many times that number (I do not know) of L1 workers are brought to work to the USA? Do they realize that there is NO quota limit for L1?
2. How the L1A visa is misused in the guise of the so called "International transfer" to file for GC under EB1 category?
3 That many of the Indian / foreign firms no longer prefer to sendi their employees on H1 as they can send plane loads of L1 without any hitch?
3. Every minute several 1000s of jobs are outsourced ?
The root cause is because the immigration system is broken and the policies are not OK. Going behind H1 B Visa holders is not the answer
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reachinus
07-28 09:56 PM
I am not saying that the AP cannot be used again, but it cannot be used after the Validity on the AP which is 1 year from the Issue date and the date on the I-94 doesn't have any meaning.
For example
My AP was issued on Oct 18th 2007 and I can use it to travel till Oct 17th 2008. But people are saying that they are issued an I-94 with a date which is 1 year from the date they enter/use the AP.
But my concern is that I was issued an I-94A which doesn't have any date on it. Should I be concerned about that?
AP's are generally issued for multiple trips. I am little confused by your question. Could you please specify why is it that you think that you cannot use the AP again.
For example
My AP was issued on Oct 18th 2007 and I can use it to travel till Oct 17th 2008. But people are saying that they are issued an I-94 with a date which is 1 year from the date they enter/use the AP.
But my concern is that I was issued an I-94A which doesn't have any date on it. Should I be concerned about that?
AP's are generally issued for multiple trips. I am little confused by your question. Could you please specify why is it that you think that you cannot use the AP again.
gcpool
03-20 10:03 AM
I have heard that Job are not easily available there and the taxes are high.
Think about it. I know people who have filed and almost got it and have decided to stay. (Waste of time and money).
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
Think about it. I know people who have filed and almost got it and have decided to stay. (Waste of time and money).
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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andymajumder
06-02 03:54 PM
I am the one , who proposed this idea, and people tend to disagree.
I am again saying , the only solution is a lawsuit.
Its possible we will not win such a lawsuit....I am not a lawyer, and often things which seem discriminatory to the common man, cannot be proved so in the court of law.
Yet, such a lawsuit could get some publicity and at least highlight the baltantly unfair laws against certain groups people based on country of birth in the EB category.
I am again saying , the only solution is a lawsuit.
Its possible we will not win such a lawsuit....I am not a lawyer, and often things which seem discriminatory to the common man, cannot be proved so in the court of law.
Yet, such a lawsuit could get some publicity and at least highlight the baltantly unfair laws against certain groups people based on country of birth in the EB category.
more...
shirish
07-14 01:30 PM
Hi,
I applied for I-485 for myself , my wife ans son, on July 27th 07 (Thi sis the receipr date), My lawyer did not send the medical reports with the application. Currently the reports are with him. Medical exam was done on July 18 07. My PD will be current in Aug 08(as per the bulletin). I am sure i will get an RFE for the medical reports, and most probably it wil come in AUG 08 or later.
My question is, do i need to go for medical exam again , or can my lawer send the reports that he has with him to USCIS in reply to the RFE? I am confused since, by the time i get the RFE, the reports would be more than 1 year old.
-Shirish
I applied for I-485 for myself , my wife ans son, on July 27th 07 (Thi sis the receipr date), My lawyer did not send the medical reports with the application. Currently the reports are with him. Medical exam was done on July 18 07. My PD will be current in Aug 08(as per the bulletin). I am sure i will get an RFE for the medical reports, and most probably it wil come in AUG 08 or later.
My question is, do i need to go for medical exam again , or can my lawer send the reports that he has with him to USCIS in reply to the RFE? I am confused since, by the time i get the RFE, the reports would be more than 1 year old.
-Shirish
needhelp!
02-13 11:18 AM
Believe me, in my office or outside, I have talked to every Indian. And not one comes back n discusses with me about IV.
I strongly feel IV is doing a commendable job with some dedicated contributors.
Thank you brij523. You are a great supporter of our cause. I cannot forget how hard you worked at diwali mela in DFW even though you already got your GC. Its inspiration from people like you that keeps us going.
I strongly feel IV is doing a commendable job with some dedicated contributors.
Thank you brij523. You are a great supporter of our cause. I cannot forget how hard you worked at diwali mela in DFW even though you already got your GC. Its inspiration from people like you that keeps us going.
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at0474
12-14 03:47 PM
BTW , Where is the fourth pillar? :)
--LOL!! Seems like tripod otherwise!
--LOL!! Seems like tripod otherwise!
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lazycis
02-13 12:03 PM
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
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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thomachan72
01-14 09:14 AM
I think the other intersting point is - Does the employer provide any benefits to the beneficiary/employee?
Almost no desi dalla provides medical insurance to its employees...it will be interesting how USCIS handles this and whether they will make it a point or not?
what the heck are you talking about. If there is any specific cases of abuse please contact the CIS and report those. Dont say "almost all" etc on this website. That might not be true and we dont want general statements like these to hurt the prospects of our members.
Almost no desi dalla provides medical insurance to its employees...it will be interesting how USCIS handles this and whether they will make it a point or not?
what the heck are you talking about. If there is any specific cases of abuse please contact the CIS and report those. Dont say "almost all" etc on this website. That might not be true and we dont want general statements like these to hurt the prospects of our members.
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Macaca
06-27 11:03 AM
From pages 36-37 of CIS Ombudsman's 2007 Annual Report to Congress (http://www.dhs.gov/xlibrary/assets/CISOMB_Annual%20Report_2007.pdf).
In the 2006 Annual Report (at p. 16, AR 2006 -- 02), the Ombudsman also recommended that USCIS assign visa numbers to employment-based green card applications as applicants file them. The Ombudsman continues to recommend that USCIS work with DOS to reinstate that process which existed in the early 1980s, wherein DOS issued visa numbers for both employment and family-based applications for applicants as they applied rather than as they were approved. This process would ensure that USCIS does not accept more applications than the number of visas available.
With respect to the recommendation that USCIS assign visa numbers to cases as they are received, the process the Ombudsman describes was the process in place a number of years ago. DOS, which manages overall visa number allocations, modified that process to the procedure in effect today. It is their policy to allocate visa numbers to USCIS adjustment cases only as the point of approval is reached.
However, through the tri-agency meetings, DOS explained that the modification to the program occurred in the early 1980s because INS could not adhere to the requirements to return unused visa numbers immediately. The Ombudsman understands that DOS prefers that cases are reported qualified for a visa earlier than at approval. In the last several months, there have been several suggestions on how to accomplish that task, but operational concerns remain. The Ombudsman hopes that USCIS and DOS can reestablish the older program with improved processing and technology to ensure timely and accurate reporting of cases ready-to-issue and to prevent the future loss of visa numbers.
In the 2006 Annual Report (at p. 16, AR 2006 -- 02), the Ombudsman also recommended that USCIS assign visa numbers to employment-based green card applications as applicants file them. The Ombudsman continues to recommend that USCIS work with DOS to reinstate that process which existed in the early 1980s, wherein DOS issued visa numbers for both employment and family-based applications for applicants as they applied rather than as they were approved. This process would ensure that USCIS does not accept more applications than the number of visas available.
With respect to the recommendation that USCIS assign visa numbers to cases as they are received, the process the Ombudsman describes was the process in place a number of years ago. DOS, which manages overall visa number allocations, modified that process to the procedure in effect today. It is their policy to allocate visa numbers to USCIS adjustment cases only as the point of approval is reached.
However, through the tri-agency meetings, DOS explained that the modification to the program occurred in the early 1980s because INS could not adhere to the requirements to return unused visa numbers immediately. The Ombudsman understands that DOS prefers that cases are reported qualified for a visa earlier than at approval. In the last several months, there have been several suggestions on how to accomplish that task, but operational concerns remain. The Ombudsman hopes that USCIS and DOS can reestablish the older program with improved processing and technology to ensure timely and accurate reporting of cases ready-to-issue and to prevent the future loss of visa numbers.
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bitu72
10-04 12:04 AM
thanks amisha..any idea about the identity card number is it the ssn number we have in US. i can fill in that number and make a copy and get it notarized.
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bobzibub
04-04 10:14 AM
As a Canuck:
It is an honor that you folks choose my country to live in.
Temporarily, or permanent, I hope it works out.
Every country has its warts. (Mine has them too) but the immigrants to a country are what give it life.
For the Doctors, check out some rural areas various provinces. I think they have programs that ease the regulatory burden.
Welcome!
-b
It is an honor that you folks choose my country to live in.
Temporarily, or permanent, I hope it works out.
Every country has its warts. (Mine has them too) but the immigrants to a country are what give it life.
For the Doctors, check out some rural areas various provinces. I think they have programs that ease the regulatory burden.
Welcome!
-b
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Googler
02-16 02:37 PM
Suppose the admin fix to recapture 'lost' visas is a success. How many will India Eb2 get out of that ? May be 5000 ?
One really needs to know the number of India Eb2 applicants pending in each year ( of PD ) . If it iturns out , say , there are 25000 I-485 applications with PD up to year 2002, then ?!
Will a USCIS customer service rep be able to help us with this question :
"Sir/Madam how many India EB2 applicants are waiting , with PD earlier than mine ? " .
My friend, in 2003-2004 alone there were 136K EB greencards wasted. When recaptured, in the past they have been given to oversubscribed countries. That is almost an entire years supply of EB greencards.
As far as your last question goes: I'm amazed, given your interest in this subject, that you have not read the 2005-2006-2007 Ombudsmans reports which discusses in some detail how USCIS claims that it cannot provide data on pending applications by EB preference, country of chargeability, and PD. Do take some time to familiarize yourself with these reports (and read the damn footnotes.)
One really needs to know the number of India Eb2 applicants pending in each year ( of PD ) . If it iturns out , say , there are 25000 I-485 applications with PD up to year 2002, then ?!
Will a USCIS customer service rep be able to help us with this question :
"Sir/Madam how many India EB2 applicants are waiting , with PD earlier than mine ? " .
My friend, in 2003-2004 alone there were 136K EB greencards wasted. When recaptured, in the past they have been given to oversubscribed countries. That is almost an entire years supply of EB greencards.
As far as your last question goes: I'm amazed, given your interest in this subject, that you have not read the 2005-2006-2007 Ombudsmans reports which discusses in some detail how USCIS claims that it cannot provide data on pending applications by EB preference, country of chargeability, and PD. Do take some time to familiarize yourself with these reports (and read the damn footnotes.)
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soma
02-12 10:30 PM
just lobbying won't get us anywhere, class action lawsuit would make them listen!!!
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Lasantha
02-12 02:08 PM
Yeah, Tell me about it!!!
Just two more months and mine would have been current!!!!
correction: EB3 ROW = 01JAN05 !!!!!!!!!!!!!
OMG!!!
Just 1.25 more year and I would have been current! Damn!!!!
Just two more months and mine would have been current!!!!
correction: EB3 ROW = 01JAN05 !!!!!!!!!!!!!
OMG!!!
Just 1.25 more year and I would have been current! Damn!!!!
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vivekm1309
05-10 07:15 PM
Australia is backup option for me. For various personal reasons-I didn't chose Canada.
Cons of immigration to Canada
-Weather
-Dependency on US
-not very diverse society
Pros of Australia
-Weather
-Trading partners with N America,Europe,Asia
-Very very diverse society with east europeans,south east asians
As for job scene,I am thinking that both are almost same, but in Australia,indian firms have a major presence.It is cheaper to open an office in Melbourne than in Bangalore!.
Thanks for the details ...can suggest how can immigration to Austrailia be applied ?
Thanks
Cons of immigration to Canada
-Weather
-Dependency on US
-not very diverse society
Pros of Australia
-Weather
-Trading partners with N America,Europe,Asia
-Very very diverse society with east europeans,south east asians
As for job scene,I am thinking that both are almost same, but in Australia,indian firms have a major presence.It is cheaper to open an office in Melbourne than in Bangalore!.
Thanks for the details ...can suggest how can immigration to Austrailia be applied ?
Thanks
more...
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hpandey
07-21 11:42 AM
My desi neighbor told me about it recently. What are your experience with Amway Quickstar. Have you guys made money from it?
Looks like you are too new to the US not to know about the Amway scam artists ..
Remember if you join even your friends will become your enemies :D
They are like leeaches .. very hard to get rid off.
Looks like you are too new to the US not to know about the Amway scam artists ..
Remember if you join even your friends will become your enemies :D
They are like leeaches .. very hard to get rid off.
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snathan
01-22 05:40 PM
Wow, you have a great suggestion for him, I am sure he took your suggestion and did the right thing, do you have a similar suggestion regarding immigration to Obama ?, if so you better let him know what you think, you seem very open minded about giving suggestions.
Please read all his post first and you will understand the reason for this comment.
Please read all his post first and you will understand the reason for this comment.
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Michael chertoff
07-17 08:43 AM
Please do not force the Immigration lawyer to answer your question IV has left it to the lawyer to answer questions they want to. This is a free service for IV members. We are grateful to the lawyer for this help.
I am sorry pappu.
MC
I am sorry pappu.
MC
msp1976
02-13 03:30 PM
Originally; I had interpreted the paragraph to mean if the total visas by category i.e, total visas in eb1 are unused then a country can go over 7% limit in that category (horiziontal spillover).
However; the law is determining total as total visas for all EB categories as a whole. Therefore, there has to be unused visas from the 140,000 for a country to go over 7%.
I interpreted that as allowing a country to go over the overall 7% limit in the total EB categories.....Which conforms to what USCIS did in 2005....USCIS allowed much larger than 7% from India that year...and they were within law...( Of course that can be litigated against if someone raises an objection ......)
So if my interpretation applies and after reform there are 290K total visas available then there is a decent chance of EB2/EB3 India China to at least come to 2005 PD levels if not current...
However; the law is determining total as total visas for all EB categories as a whole. Therefore, there has to be unused visas from the 140,000 for a country to go over 7%.
I interpreted that as allowing a country to go over the overall 7% limit in the total EB categories.....Which conforms to what USCIS did in 2005....USCIS allowed much larger than 7% from India that year...and they were within law...( Of course that can be litigated against if someone raises an objection ......)
So if my interpretation applies and after reform there are 290K total visas available then there is a decent chance of EB2/EB3 India China to at least come to 2005 PD levels if not current...
ingegarcia
10-09 04:17 PM
I am another person of TN1 to GC.
TN1 can change job. Only thing you have to travel to nearest boarder with Two page TN1 petition, job offer letter, canadian citizen certificate, and educational credentials (you can also file to NSC but it will take few months to get approve).
TN1 has to be renew every years and it can be renew for indefinate time (not like 6 years for H1B).
As far as I know one who holds TN visa cannot apply for Green Card. :)
TN1 can change job. Only thing you have to travel to nearest boarder with Two page TN1 petition, job offer letter, canadian citizen certificate, and educational credentials (you can also file to NSC but it will take few months to get approve).
TN1 has to be renew every years and it can be renew for indefinate time (not like 6 years for H1B).
As far as I know one who holds TN visa cannot apply for Green Card. :)
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