Friday, July 1, 2011

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  • jonty_11
    10-04 10:54 AM
    I have Applied for Canadian PR, got a receipt # back. I want to add my wife now. However, she has a shoplifting incident back in 2001 in Singapore. I know we have to provide Police Cert for Singapore nowadays.

    Reading on cic.ga website, they do pardon such offenses in 5 - 10 years depending on seriosness of the offense. ANyone has concrete infomration on this? Would really help is adding my wife on to my appliaction the correct way.





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  • nozerd
    05-11 10:13 AM
    Just an FYI , I recently read in an article that Australia is changing its rules to require 4 yrs residency instead of 2 for citizenship.
    In Canada you apply after 3 yrs but it takes nearly a yr to get it so defacto its 4 yrs. There was a lot of controversy in both Australia and Canada recently because they had to evcate thousands of Australian/Canadians of Lebanese origion from Lebanon during the recent Hezbollah/Israel standoff there.They were questioning if it was worthwhile giving citizenship to ppl who would never work or pay taxes in Oz/Can.


    The company I work for has an office in Sydney, Australia and recently opened one in Toronto but it is not fully operational. In such a case E3 might work better than Canada PR since it takes 3 years to get Canadian citizenship and 2 years to get Australian citizenship and one could potentially retain the US job if one manages to strike an arrangement with their employer. Also this option might work better for those whose home country is close to Australia (eg Indonesia, Singapore, New Zealand etc). Also note the benefit of the E-3 is that one's spouse can work without restrictions and it is indefinitely renewable while the TN's spouse is not allowed to work. They both have pros and cons. Geographically and culture wise (ie way of life) Canada makes for an easier transition back to the US. Personally I have applied for the Canadian PR for the reasons you cite.





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  • sapota
    02-12 12:52 PM
    atleast for people from India. esp. EB2





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  • logiclife
    06-28 04:29 PM
    So, what did your lawyer say? Would sure love to know, once you hear back.

    Today, he emailed by HR directly and told them that "we will file everyone's 485 in first week of July ".

    He also said that there is no need to panic because AILA is already threatening USCIS with lawsuit and right now its in negotiations state. (Whatever). He said that the thread from AILA will prevent USCIS from doing the same mischief again in July 2007 to EB2, and EB3 categories. (Somehow I dont buy that, I dont think USCIS is afraid of anyone and they are acting like and independent body ... like the Supreme court working on its own schedule and own whims).

    So the thing is...he acknowledges what happened with EB3-other category in June and says that he will file in July first week (good for me and my other co-workers) but he is still sticking to his guns that "It wont happen because USCIS will be scared of AILA".

    What USCIS has done for EB3-other worker category is violation of federal regulation and it cannot just ignore the visa bulletins because it feels like doing so and its having a bad day. But nonetheless, the people who make these decisions dont get sued. The agency gets sued, and those lawsuits are fought by internal lawyers who are on USCIS payroll. They get some heat for violating the federal regulation but its not like they would lose their shirt over it.



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  • gc4me
    03-27 10:19 AM
    I did some internet search and found this Q&A in murthy.com
    Cooool...people go ahead with LC Sub.

    Q. I have a pending green card case based on a substituted labor. Do I need to worry about this proposed regulation?
    �MurthyDotCom
    A. It would not seem to affect pending green cards based on substituted labor, as long as the substitution was not being requested through the DOL. This regulation prohibits substitution through the DOL. So, if it were to go into effect, it is possible that it would end all pending requests for substitution of beneficiaries made to the DOL.
    �MurthyDotCom
    Most substitution requests are made via the USCIS at the I-140 petition filing stage. This involves labor certifications that have already been approved, and the substitution request is made in the filing of the I-140 petition at the USCIS. The regulation attacks this process by making labor certifications valid for only 45 days. Thus, all I-140s would have to be filed within 45 days of labor certification approval. Even if the regulation were to pass, however, it does not appear that it would have the power to terminate pending I-140s (even if based on LC substitution). If the cases are proper when filed, it does not seem that the regulation would extend to pending USCIS cases since the proposed regulation is a DOL, not a USCIS, regulation. If it were a USCIS regulation, then it could impact pending I-140 cases for which the labor certification is over 45 days old at the time of filing - not just LC substitution cases. Those cases with approved I-140s do not appear to be vulnerable to this proposed regulation.


    How do you now that? Any sources?

    If text of the proposed memo will be the same, then all pending I-140 based on LC substitution should be denied.





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  • vdlrao
    07-24 08:53 PM
    I am expecting a quick forward movement in the EB2 India/China category in the next year bulletins.
    We have found out that we have about 10 times increase in EB2 India visa numbers from our calculations. I doubt it whether any attorney had any idea better than us, about the numbers we are getting for EB2 India/China from horizontal spill overs. In Ron's post he is no where mntioned any numbers other than saying that CIS is not able to process these many applications. I would be more than happy if some body in our forum posts, the "visa numbers calculations" we have done in this thread, into to his website.

    Theres no doubt in the EB2 India/China will catch up current very soon. This is inevitable. There might be a mild retrogression for a very short span of time in the next few bulletins. But after that the dates will run like catching up the Current.



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  • vdlrao
    07-21 07:59 PM
    If I understand correctly, there is no mechanism for unused EB visas to spill over to the following year's EB, but the law allows unused FB visas to spill over to the following year's EB ?!


    The unused Employment Based visas will be added to the following year's Family Based visas.





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  • lazycis
    02-14 12:19 PM
    No one can prove that USCIS intentionally took decisions so that they waste the visas.


    Well, I can prove it based on the recent name check memo.

    "In the context of removal proceedings, ICE has determined that FBI fingerprint checks and Interagency Border Inspection Services (IBIS) checks are the required checks for purposes of the applicable regulations."

    Wait a minute, isn't IJ able to grant AOS in removal proceedings? It means that the DHS acknowledges that it wrongfully interpreted regulations for all these years and that name check is not required by law (at least for AOS) as we were saying all along! Why did not they removed name check after they wasted 80k+ visas in FY 2003? Did not they know about it? Was it not intentional?

    I love also this part: "in the unlikely event that FBI name checks reveal actionable information".

    See also most recent Mocanu ruling
    http://www.bibdaily.com/pdfs/Mocanu%202-8-08.pdf

    "USCIS’s name check requirement has (1) never been authorized by Congress; (2) is not mentioned or contemplated by any fair reading of the current USCIS regulations; and (3) may not, without USCIS initiating notice and comment procedures, be used to delay action on Plaintiffs petitions "

    Why should people suffer because of government screw up?



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  • nozerd
    09-30 10:14 AM
    I have done a lot of research on this :::

    A good option is if you try and get a job in Detroit, MI. You can then live across the border in Windsor, ON and commute daily between Canada and US.Windsor is basically suburb of Detroit right across from Detroit river ex like Mumbai and Navi Mumbai, Hyderabad and Secundrabad etc.

    This way you get best of both worlds

    1) You keep H1B visa and US GC going.
    2) You earn in US $ and can avail of US job opportunity.
    3) You can earn time towards maintaining Canadian PR and Canadian Citizenship.

    Disadvantage

    1) This option is limited to getting a job/transfer in Detroit Metro area.
    2) Some days there may be delay at border if US is on high alert, so you need to be conservative and add time for border inspection to your commute.
    3) You have to file taxes in both US and Canada (but its not double taxes).





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  • bazuka6
    09-23 10:18 AM
    As completely unrelated these two issues are (from a law maker's perspective) on a normal day, these are possibly those times when each of these issues can help the other.

    IV has been discussing about the possibility of one for two solution (partial). The idea is to request congress to exempt EB applicants & their dependents from numerical limits of the Immigrant visas, if they buy a home. It is my belief that market sentiment is the most important thing in any financial market(s) and the housing prospects look pretty bleak. There are lot of members in the EB community that have NOT bought their own home, even though they could afford one because of the uncertainty with EB GC. IV's idea is to bridge the financial committees and judiciary committees in the House/Senate and see if corresponding Chairman/Ranking members are willing to listen. Things are moving so fast with the 700bn USD bail out plan and we will NOT have time to do things the normal way, through our counsel. We have to present this idea to the corresponding staff members of key members of congress (see list below) and see if this gets traction now or going forward.

    Please do not bring EB-5 discussion/comparison here. The proposed partial solution is different from EB-5 in that EB-5 investors invest money and we are investing in our future with a genuine intention of making USA our permanent home.


    If you already have a home, thats fine. Any such legislation will reduce the wait times in EB categories and we need housing markets to rebound for a safer economy before the ripple effects are felt every where.

    Who to write to

    Staff members(Chief of Staff, Legislative LA, Financial LA, Legislative Director) of Chairman/Ranking members of House/Senate Judiciary committee & Finance/Banking committee, Staff members of your representative and your senators. Please find staff members of the committees in the spreadsheet (http://spreadsheets.google.com/pub?key=pptN-jEpAiyd3snslhPjBfw).

    You can find your representative & senator staff members on this website (http://www.outsourcecongress.org/outsource/congress/schstaffers.html).

    Please use valid email addresses and NOT fictitious/junk mail. It undermines the whole purpose and our emails will be flagged by mail scanners / spam checkers as some thing similar to famous Nigeria bank account scams.


    Email Subject: Proposal to alleviate current US Housing/economic crisis

    Content/Message

    SUMMARY

    This proposal alleviates the current US economic crisis, by motivating the US high skilled, legal immigrant workers to purchase homes. The size of this immigrant population is approximately 800,000 individuals. This effort if successful would inject up to US$ 20Billion approximately into the economy (approximately US$ 100 Billion in houses sold across the country) , while at the same time directing this money into the root cause of the economic crisis � the illiquidity of the national housing market. The above calculation is done
    assuming a median US home price of $212,400 and buyers making a down-payment of 20% of the cost of the home. Roughly estimating 400,000 buyers.

    BACKGROUND

    Undoubtedly, we are all devastated by the shake up on Wall Street in the past 15 days. Experts agree that the underpinning problem is the housing crisis caused by sub-prime mortgage loans. Many of us, who cannot afford our monthly mortgage payments are losing homes and putting them up for sale and foreclosure, which further adds to the crisis. At the same time, most of the Employment-based (EB) immigrant community would like to purchase homes and make the United States a permanent home for their families. These EB immigrants however, are living in a state of limbo, mostly in rental apartments because of the delays and uncertainties involved with the EB immigration procedure. The wait times in EB categories are exacerbated by the delays in processing by USCIS, even though eligible applicants have filed for Permanent Residency also known as Adjustment of Status. Such processing delays have resulted in the wastage of 218,000 immigrant visa numbers (Page 52 of USCIS Ombudsman Annual report 2007). The current Department of State visa bulletin shows 7+ years of wait times in certain categories. We strongly believe that legislation can be worked out in such a way that the housing markets all over the country can move towards recovery, while at the same time motivating the Green Card applicants to catalyze this recovery.

    It should be noted that this proposal by no means brings more immigrant workers into the US. The workers in the EB, skilled category are already present in the US, doing skilled jobs that no US worker is available to do. They are part of the long queue of backlogged cases that USICIS will eventually process; however, this wait can take years and in that case could not be used as a tool to minimize the course of the current economic crisis.

    SOLUTION

    Congress can pass legislation that exempts EB green card applicants and their dependents from the numerical limits of visa numbers, provided applicant(s) have bought a home making 20% down payment on the sale price of the home, for a time period deemed necessary by the congress.


    How can Employment based Immigrants help alleviate the housing problem?

    (1) Employment based immigrants are highly skilled and are employed in occupations such as Software, IT, Health care, Energy, Finance, Education and Research & Development across the United States.

    (2) Average income of these individuals/households is around 65,000/130,000 USD.

    (3) All these Employment based immigrants have gone through Department of Labor�s recruiting process, which certifies that there is no willing, able and qualified US Citizen to do the job.

    (4) Most of the Employment based immigrants have excellent credit history and good source of income to make the payments needed for their home mortgage.

    (5) By requiring a 20% down payment from this group of buyers, Congress can directly channel this money to where it is need most � at the banks.

    (6) Employment based green card applicants have been living in the United States for 6-8 years. Many of them have US graduate degrees in their fields of expertise. These applicants are well versed with the American culture and will not change the cultural landscape.

    (7) Financial burden on US government and treasury will be reduced drastically if the glut of houses in the market decreases.


    As a member of the community that wants to make the US its permanent home, I want to contribute to a solution that helps USA and US during these tough times. I sincerely believe that the 30 year commitment on mortgages by Employment based immigrants in the housing market, backed by solid, risk free mortgages can turn the down ward spiral in the housing market into a upward spiral.

    END OF CONTENT

    Great Draft ..Thanks IV



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  • hpandey
    12-19 03:29 PM
    Now on the main page of yahoo finance. They are proposing the same thing that IV is - To give immigrants chance to buy houses

    http://finance.yahoo.com/tech-ticker/article/149374/Housing-Cure-Give-Us-Your-Skilled-Your-Educated-Your-Bundled-Mortgages?tickers=%5Edji,%5Egspc,XHB,TLT,TOL,DHI,P HM

    This can be really good point for use by IV since it has caught the attention of mainstream media now . Available at finance.yahoo.com





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  • garybanz
    02-15 10:32 AM
    Cyrus Mehta would be a very good attorney to consult on this matter, check out http://www.cyrusmehta.com/ for his details.

    I had contacted him earlier about the possibility of a class action against per country limits, he gave me a free consultation and basically told me why i did not have a case.



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  • aps
    09-23 10:38 AM
    My friend, the purpose of green card is to allow you to convert into citizenship sometime down the road. If you are not ready and willing to spend your saved money in the US and better its economy, then how can you expect the US goverment to help you?
    If you do not have enough money, then you are not paid the prevailing wage or the wage mentioned on the green card. If you do not have a job, how can your green card process still be there arent you illegal already?
    To add to all the above, as nixtor has stated, reduced backlogs help everybody.

    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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  • sobyb
    05-01 05:17 PM
    Tomorrow if we or our generations are getting killed in the US, would you say the same thing. Now do you understand why the country needs to care about its people no matter where they are.

    "Tomorrow if we or our generations are getting killed in the US, would you say the same thing" ....

    Of course yes! If our generations are US citizens, US govt should take care of them and if they are part of any terrorist organisation, they should be treated the way terrorists are treated.

    "Country needs to care about its people" ... Its is in your quote ... Issue is about Srilankan's and their goverment should take care of it, NOT India. I don't think any one has a doubt about how LTTE should be handled.



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  • sats123
    01-10 10:04 PM
    Fu&^*& desi companies are still advertising for pre approved labor, here is what I got from a desi company. Looks like this labor is cleared from Backlog, they take advantage of this and make money. Its fu$%%$ jackpot for these kind of companies.

    Education: BE in Computer Science, Software Engineering or a related
    degree

    1) Skills Oracle, Oracle Database, Developer 2000,HTML.TOAD and Window
    NT


    2) Visual Basis, MS SQL Server, ARS Language, HTML Java Script, ASP,
    Crystal Reports., Help Desk application web interface of help desk.
    Send your Resume along with your Contact #.





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  • rajeshalex
    07-08 10:01 AM
    Thank You Samay !!

    I was in US from 2000 to 2001 on h1b.(first h1 approval)
    Went to india and worked there from 2001 to 2006
    On new H1 came to US on 2006
    I didnt had the H1b approval copy of first h1 approval(2000 -2001) when I applied for 140. I submitted
    only the current one which is from 2006. My 140 is not yet approved.
    So I would like to make sure whether h1b approval notice copy during 2000 to 2001 was needed/
    will be needed in future.I had submitted 140 during July 07.

    Is it needed for any 140 RFE or 485 level ?

    Good Day !
    Rajesh

    Quote:
    Originally Posted by rajeshalex
    Hello,

    Could you tell at 140 level does a candidate needs to submit all the previous
    H1 Approval notices.

    I couldnt submit my previous 140 approval notice since it was during 2000-2001. How important is the previous H1 B approval notices for a 140 approval ? . I submitted the current approval notice which is from 2006-2009

    Rajesh

    Hello

    We normally submit all the previous H-1B approvals with the I-140 application. I am a bit confused from your post is there a gap in your H-1 B approvals.
    __________________



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  • _TrueFacts
    09-04 11:53 AM
    If not today, every one will get GC tomorrow. Members of IMV or not.

    But that shouldn't stop us from visiting this site.

    As for deleting my id and this thread. If it it happens then it emphasizes the fact that IMV is no different than corrupt YSR.

    If you guys(dealsnet, breddy2000) can't make any sensible contribution to this discussion..keep away from it.





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  • extra_mint
    03-27 02:55 PM
    Indian democracy can throw many surprises
    I think UPA will get 273 and if that's the case then MMS
    If NDA get's 273 (which is highly unlikely) then Advani (no Modi...otherwise also Modi's communal qualifications are pretty widespread outside of Gujarat). I like the guy but seriously PM of India and CM of Gujarat are 2 different things.

    And if Third front comes to power (they just need around 200 as once they get 200 there will be breakaway groups from UPA and NDA so they can touch 273)

    then we will see real democracy (read lust for power)

    First 6 month Mayawati >> Followed by Jayalalita for 6 months >> Followed by some one from LEFT (comorades work in groups..not sure who will be graced by politburo)

    Above cycle will be repetitive >> and Govt will collapse when Mayawati will complete her second 6 months Tenure.





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  • dealsnet
    05-12 10:57 PM
    I am not a Tamil or Singalese. We cannot say Tamils went to Lanka and asking for homeland. The truth is both Tamils and Singalese migrated from India. May be Tamils went to Lanka before the Singalese. LTTE is a terrorist organization, but it gained popularity because of Singalese neglect of Tamils. I don't think the problem can be resolve through military means. The war will change from conventional to gorrilla within this year.
    Only political solution can bring peace.
    Read these historical facts about the singala migration.
    http://www.lankalibrary.com/books/sinhala_history.htm

    http://www.sinhaya.com/begining.htm
    http://www.country-data.com/cgi-bin/query/r-13173.html





    jaane_bhi_do_yaaro
    08-18 10:20 PM
    This is not "Indian" thread. It is purely a North Indian thread. He is popular only in North of India.

    I doubt that he is popular in North India only.
    VDL Rao is popular in North India despite hailing from AP.
    Similarly SRK is equally popular in South India.





    test101
    07-04 11:27 AM
    Legal immigrants and the prison of USCIS