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  • vine93
    01-14 01:03 PM
    What I understood

    If you are on H1 and is validity more than one year. Keep continuing. Once expiration is withing 6 month , start finding the direct vendor. Make sure you start the process early. So that even if it rejected you have time to jump to direct vendor. My two freinds got victims of this rule recently this week only .Their transfer was rejected for this reason , Now they got the offer from Direct vendor , H1 trasnfer is in process . EAD should be unaffected by this memo.

    There is no doubt Small Desi co. given fair chance to all kinds of people from remote villages. Then again they took unfair advantages too. Its time to wrap up their business now.

    Situation is alarming indeed.





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  • voldemar
    03-29 03:02 PM
    OK, I've done some more homework and this is what I found in the proposed rule text:

    Basically it says that the rule applies to:

    (i) pending labor certification applications and
    (ii) approved labor certification which have not yet been filed with USCIS

    So it looks like you won't be affected if your case is already pending with the USCIS.Good catch!





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  • grupak
    12-13 01:40 PM
    "Fairness or not is not the issue. Question is can it be challenged in a court? "

    --I guess fairness is the issue and that is what you are asking for by challenging the court.


    "As an unrelated side note, the current quota system is something that has evolved from past policies some of which was used to restrict citizens of certain countries."

    --To some extent,there is truth to what you said. And it is there prerogative. There could be many geopolitical,societal, economic and national security reasons behind who they restrict and who they allow.

    The OP was whether the country quota is constitutional. My interest was to find out if the current laws and regulations are violated by the country quota.
    As lazycis pointed out, SC seems to uphold the current situation.

    I was not looking into arguing in a court whether a particular regulation is fair or not. The law is what it is (what I or you consider fair or unfair is immaterial), question was : Is the law being implemented or not? Seems like it is.

    To change the law, we as IV are lobbying and meeting lawmakers already.

    Unless a constitutional lawyer says otherwise, I see no reason to pursue the country quota in a court, considering lazycis post.





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  • logiclife
    06-26 12:21 PM
    Yes, the august bulletin will be showing retrogressed dates. But when August bulletin is issued in mid-July, it does not impact the petitions received in July, because the August bulletin applies to August and even if August is retrogressed until 1975, they still have to accept 485s until 31st July.

    That's what your lawyer said. Right?



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  • zCool
    04-28 09:17 PM
    Finally!!!..
    So what happened with Murthy's contacts and advice to INS officials etc???? :p
    This is too little .. too late..
    Most of the crooks already used up or sold after initial bulletin in march!
    But better late than never..





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  • crazyghoda
    10-16 01:59 PM
    Some moron gave me a Red for my post below with the comment ".."

    Seriously dude, if you are so naive as to think that ROW folks are just going sit around and watch EB2 India consume the spillover numbers, then get your head examined or stop smoking that pipe. Have you ever wondered how low the participation is from ROW applicants on these forums? This is simply because for the most part its become a desi forum mostly dominated by EB2 folks.

    Or you can give me another red and stick your head back in the sand (...or in those clouds, whatever the case may be)

    A lot of EB2 folks are getting excited about getting the spillover from EB1 and EB2 ROW but has anyone contemplated that lots of EB3 ROWs will now start at looking at porting their dates to EB2 just as most people from EB3 India are?

    Boy, I sure wish I was a lawyer! If this system remains as screwed up for another 20 years, I am surely sending my kid to law school :D



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  • Kodi
    05-17 05:05 PM
    According to the latest news from Sri Lanka:

    1) All the Tamil civilians that were held hostage as human shields by the LTTE, have been rescued by the Sri Lankan army and have crossed over to safety.
    2) The LTTE have conceded defeat and said it is ready to surrender to a 3rd party.
    3)The whereabouts of Prabhakaran is not yet known but there is lots of rumors in the net saying that his body has been found and it is being investigated for DNA proof.
    4) The Sri Lankan army is still engaged in clearing out small pockets of LTTE that still remains.
    5) The whole island is celebrating with dancing in the streets, fire crackers and distributing Kiri-Bath (Milk Rice) which is cooked for very important occasions. And I wish I was there too !!!! :)

    So as you see it is all good!!!

    Same here. I wish I was there to join the celebrations.





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  • amitga
    10-17 02:00 PM
    I am finally moving to canada in 2-3 months. Deadline for landing is March 3rd 2007.

    I am done with US Green Card and can not take this stress any more. Starting to sell my house and other stuff soon.

    Try to get a job offer, before you move into Canada.



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  • AirWaterandGC
    05-12 08:04 AM
    Thanks nozerd.
    Also if the judge finds it unreasonable that I stayed out of CA for more than 3 years, will I be allowed to at least live in CA for the remaining duration (time remaining out of 5 years), OR I will have to leave CA immediately once the judge does not like my reasons.

    Thanks again.

    A Canadian PR has the right to enter Canada (as opposed to a US PR who does not have the right and can be denied entrance by INS).
    If you have not met 2 in 5 yr obligation Canadian Immigration will question you but let you in. They will give you a date on which you will have a court date with Immigration judge. Then its up to judge and you. You will have to give good reason why you were out ( waiting for US GC is not a good reason ).

    Dont know about the reapplying part. Never heard of anyone having done it.





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  • JA1HIND
    02-13 11:27 AM
    Way to go Arvind..... Chandu pls note 2 contributors without even a campaign launch.

    But on the flip side I totally agree with Walkingdude that once IV files a case then it is the end of discussion and everything else. So again consult a good lawyer actually a very good lawyer.....and then decide to proceed.

    We will stand with whatever our IV core decides but lets give it a serious thought

    IV team & friends, please remember this is just my first phase of contribution and can go beyond than what I confirmed if we know how much it's going to cost.....

    Go IV team, you have my Nth degree of support in this matter and will do as much as I can.....you all are doing great..



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  • test101
    07-04 11:31 AM
    I tried xls, and txt. it wont upload.i have total 655 contacts. The file size is small but still it wont upload on the iV site.

    someone pls tell me how to upload , i have now an .xls file of media contacts, about 931k in size.





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  • anilsal
    11-09 09:33 AM
    This discussion can go on and on. Here is my take.

    * US is one of the countries people are flocking into. Even lots of people from UK, Australia and Canada come here to settle.
    * Given this, whenever there are opportunities to lure people in, there will be takers and people who sell (like preapproved labor). If USCIS puts a stop on preapproved labor, then there will be other avenues to take advantage of.

    You may have others in your field/company who are less-educated than you, younger than you and earning more than you, so can you lose sleep over it? No! It is part of life.

    Just focus your energies on IV and its adoption. :)



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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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  • ivgclive
    07-21 05:11 PM
    Signs and Warning...

    1. Mostly he seems to be a weird guy.
    * God has given us special white blood cells that can find these guys.
    * Listen to your inner soul when it says 'I don't feel comfortable'.

    2. He walks with empty hands (RICH people) while all others in the shop walk with a cart and/or some goods.

    3. Talks loudly, using words as if he is lending money to Warren Buffett or Bill Gates..

    4. His approach.
    * Are you Mr.<a name in south/north depends on your appearance>?
    * I can't believe I meet you here.
    * You look very familiar to me.
    * You look like my younger brother / son / daughter / friend / father / mother / cousin / tomato / carrot / spinach etc

    5. Look for these words...
    * Do you want to make LOT of money? (eventhough he looks like a crap, wandering in a grocery store not buying anything, driving a 1990 Toyotta Tercel).
    * I have a wonderful business opportunity for you.
    * What do you do in your free time?
    * I am running a eBusiness, eCommerce etc.
    * Do you want to make use of your free time in a productive way.
    * Count the number of times he uses the word 'Money', if it is more than 2 times, he is from that cult.

    6. Finally,
    * Can we meet sometimes this week?
    * Do you want to attend a Business Meetting (!) with top heads next week?
    * Do you want to just see what we are doing? (Why the hell I need to see?)
    * Do you want to join us for a Tea, Cofee... (Believe me, they won't call you for Lunch or Dinner, eventhough they always talk about the LOT OF MONEY they have made)


    I read lot of news from school and I learnt this 'multi-link' business 20 to 25 years back. So as soon as he asked me if I wish to make 'LOT OF MONEY' without working, I understood that the poisonous snakes had entered US long time back.

    I had only one encounter 10 years back that went up to the so called 'Business meeting with Tea Party' because I was new to US and these guys were using an updated terminology.

    From then on, I enjoy if I meet such people in Malls, grocery stores, Walmarts. I let him talk for about 20 - 30 mins when my wife is shopping. Asking him very basic questions as if I have not seen a $10 bill in my life. By the time he realizes that I am playing, my wife finishes shopping and we leave.

    This way you can keep yourself updated on the tricks. Amazingly these guys read technology news a lot than us and upgrade their techniques.



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  • angelina
    07-10 05:15 PM
    I am a Canadian citizen, from my experience Canada government does respect more for immigrants, health system is much better, and more elites moved there for higher quality of living standards.

    There are also lots of good companies in Canada, where I have gained GOOD experiences.

    For professionals like us, at least Canadian government treat us with dignity and as a human being, not like some illegal labour worker lurking in US, we are all LEGAL and proved no local candidates for these jobs. I have been exploited by my company for almost 4 years, current salary is 10K less then standard, even though I have 14 years of working experiences, when it comes to promotion, my boss prefer a fresh graduates and want me to teach him so he can get promoted on top of me.

    USICS Recent unconscionable retrogression really top off all previous deeds. We are educated high professionals, it is understable if immigrants are not welcome, but can they do it in a professional way? If so, why not just stop accepting immigration applications? why still accepting our money and leave us in this limbo situation? And creating all the excuses AFTER taking our money?

    We are dealing with the government department which suppose to be all professionals and educated people. And this is not some third world countries which law is not a concern, or anybody can be bribed to do anything they want to the public.

    Feeling numb should be the best way to deal with all these madness, and fellow professionals I keep praying for us and remember dont let it gets to you emotionally, there will always be a way and everything happens for a reason.

    God is watching, He knows and will be the judge and bless all of us.

    :)





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  • alterego
    09-27 11:46 AM
    US economy situation is alarming. I doubt they will consider any immigration related bill until financial crisis stablises.2009 will be the key.Economy has to stablise. If not anti immigrants will block any bill citing the economy as the reason. If unemployment increases every month then any immigration reform is distance possiblity.Illegal immigrants are is getting publicity every year by rally for past 4 years but nothing happened. Pro immigrants are trying to block E-verify and some other anti immigration reforms. Anti immigrants are trying to block pro immigrant reforms. So any immigration reforms will be stalled until some compromise reached by moderates

    You are correct. However the corollary is that the pressure to resolve issues is building. The congress is getting a reputation as sitting and fiddling and as a "do nothing" body while problems of all sorts are worsening.
    For example, during this crisis were it not for the cooperation and goodwill of Foreign central banks, this financial situation could have gotten a whole lot worse. Could you imagine the impact of any of the many countries with US reserves over 300 Billion such as China, Japan, Saudi, Russia or India moving or just announcing their reserves will move into Euros or Gold given the current fragile mindset? That would have caused the dollar to simply plummet. Frankly given the current state of affairs, If I were a central banker, I would diversify the reserves.
    People may have differing views on how to fix things, but that they must everyone seems to agree. As not much has been accomplished on this and other issues over the last few years, we just might see a slew of issues addressed next year as a sense of urgency is building. This will be especially true if we get all 3 branches of Gov't on one side, right now that chance is with the Democrats.
    Doing nothing is quite simply paralyzing this country, we mainly see it on the Immigration issue as it affects us directly, but the same is true on many issues.



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  • sidbee
    01-22 03:46 PM
    Murthy.com explains the effects of the memo.

    MurthyDotCom : H1B Memo on Employer-Employee Relationships and 3rd-Party Placements (http://www.murthy.com/news/n_e-erel.html)





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  • Mount Soche
    02-14 01:09 PM
    Bestia,

    I am not fighting with you believe it or not - just that some things said on this forum are just downright nasty. FYI though.. the Congo WAS colonized and terrorized by the Europeans. Hear of the Belgian Congo?? I don't know about Sierra Leone though.

    I brought African countries not as scapegoats, but as examples of countries not colonized by Europeans. I didn't mean to insult anybody from Sierra Leone or Congo ;) But my point was that if there wouldn't be Europeans - there wouldn't be United States.

    Man... you can't bring some example, not to be accused of something... Come on guys.

    Happy Valentine's Day.





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  • nomi
    09-29 01:21 PM
    Hi Kukitron and all,
    I am having a new h1b with validity 7/2009. But My Visa expired by Aug,2006. Please clarify, can i travel from canada to Seattle thro Road with the expired visa and the new h1b which contains a valid I-94

    Thanks
    Sundar

    You may return to the U.S. from Canada or Mexico using the automatic revalidation provision of 22 CFR � 41.112(d) (the "30 day rule") IF you satisfy all of the following :

    1. You have an unexpired form I-94
    2. You have a valid passport
    3. You have some kind of visa in your passport, even if it is expired or the maximum numbers of entries have been used (but NOT if it has been revoked or cancelled for some reason other than having reached the maximum allowable number of entries)
    4. You are maintaining your nonimmigrant status in the U.S.
    5. You are not a citizen of a country determined to sponsor terrorism by the Department of State (e.g. Iraq, Iran, Syria, Libya, Sudan, North Korea, Cuba)
    6. You have remained in Canada or Mexico for no more than 30 days
    7. You haven't gone to any country other than Canada or Mexico during this visit (or, according to some CBP officers, at any time since your most recent visa expired)
    8. You are returning to the U.S. to resume your lawful nonimmigrant status
    9. You did not apply for a visa during your must recent trip outside the U.S. and
    10. You are not otherwise inadmissible to the U.S.

    Below link contains the official documentation for the 30 day rule:
    http://travel.state.gov/visa/laws/telegrams/telegrams_1441.html

    Hope this helps.

    Please share as many people as possible who use this rule.





    eeezzz
    07-30 11:26 AM
    this makes no sense (with all due respect to Mr Gotcher). He basically claims that PD has been moved to allow CP cases to be processed faster to avoid visa number wastage.. However he also says that there is a huge backlog of AOS cases. Looking at how many CP cases are being called for interview in mumbai and delhi (low hundreds) I dont see how CP alone can help avoid a big wastage of visas. If USCIS is still 20k short, then its the massive pile of AOS cases they should be using, just like they did last year.
    Several things to consider.
    1. Is it really 20k left for this year.
    2. Are there more EB2 RoW applicants filed I-485 for the last few months.
    3. You have number from India CP, do you have number from China CP.





    voldemar
    03-27 10:06 PM
    Can you please provide link for the memo.
    Sure http://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/06-1248.htm